1968 April Council Proceedings
Regular Session, April 1, 1968
167
quately take care of dogs. Second.
ed by Mr. Gaylord M. Couchman.
Carried by the following vote:
Yeas - Chairman Sylvester Mc.
Cauley, Messrs. Gaylord M. Couch.
man, Donald R. Meyers, Walter A.
Pregler, Merlin F. Schultz.
Nays-None.
There being no further business
C h air man Sylvester McCauley
moved that the Board of Health
meeting adjourn. Seconded by Mr.
Walter A. Pregler. Carried by the
following vote:
Yeas - Chairman Sylvester Mc.
Cauley, Messrs. Gaylord M. Couch.
man, Donald R. Meyers, Walter A.
Pregler, Merlin F. Schultz.
Nays-None.
....................................
Members of ....................................
Bd. of Health ....................................
I A<~~ ;~L~~:;;
Board of Health
OFFICIAL
Regular Session, April 1, 1968.
Board met at 7:20 P.M. (C.S.T.)
Present-Chairman Sylvester Mc.
Cauley, Messrs. Gaylord M. Couch.
man, Donald R. Meyers, Walter A.
Pregler, Merlin F. Schultz. Dr.
Kenneth K. Hazlet.
Communication of Iowa State De.
partment of Health approving op.
eration of a mobile home park and
license issued to Donald & Lois
Knapp at 50 E. 32nd Street, pre.
sented and read.
Mr. Walter A. Pregler moved
that the communication be received
and filed. Seconded by Mr. Donald
R. Meyers. Carried by the follow.
ing vote:
Yeas - Chairman Sylvester Mc.
Cauley, Messrs. Gaylord M. Couch.
mau, Donald R. Meyers, Walter A.
Pregler, Merlin F. Schultz.
Nays-None.
Chairman Sylvester McCauley
moved that the City Manager and
Health Director be instructed to
produce their best estimate to ade.
168
Communication of Elise Wright
expressing gratitude to the Mayor
and Council for the opportunity
of being able to participate in
"Youth in Government Day", pre-
sented and read. Councilman Mey-
ers moved that the communicstion
be received and filed. Seconded by
Mayor McCauley. Carried by the
following vote:
Yeas-Mayor McCauley, CouncIl-
men Couchman, Meyers, Pregler,
Schultz.
Nays-None.
Regular Session, April 1, 1968
CITY COUNCIL
OFFICIAL
Regular Session, April I, 1968.
Council met at 7:30 P.M. C.S.T.
Present-Mayor McCauley, Coun.
cilmen Couchman, Meyers, Preg-
ler, Schultz. City Manager Gilbert
D. Chavenelle.
Mayor McCauley read the call
and stated that service thereof had
been duly made and this is the
Regular Monthly Meeting called for
the purpose of acting upon such
business as may properly come
before tbe meeting.
Mayor McCauley moved that the
rules be suspended in order to let
anyone present address the Coun-
cil if they so desire. Seconded by
Councilman Meyers. Carried by the
following vote:
Yeas-Mayor McCauley, Council-
men Couchman, Meyers, Pregler,
Schultz.
Nays-None.
Mrs. Lawrence Johnson of 255
Devon Drive introduced two for-
eign exchange students, one from
Peru and one from Iran.
Communication of Dub u que
Building & Construction Trades
Council suggesting a meeting to
discuss re-location of businesses
from the Urban Renewal area and
also construction work done for
the City, presented and read.
Councilman Pregler moved that
the communication be referred to
the Mayor and Manager to set up
a date for a meeting. Seconded
by Councilman Meyers. Carried by
the following vote:
Yeas-Mayor McCauley, Council.
men Couchman, Meyers, Pregler,
Schultz.
Nays-None.
Communication of Robert M.
Roth, expressing his gratitude for
the opportunity given to him as a
participant in the first Dubuque
"Youth in Government Day", pre-
sented and read. Mayor McCauley
moved that the communication be
received and filed. Seconded by
Councilman Couchman. Carried by
the following vote:
Yeas-Mayor McCauley, Council-
men Couchman, Meyers, Pregler,
Schultz.
Nays-None.
March 28, 1968
To the Honorable Mayor
and City Council
Gentlemen:
I submit the petition of the
Daughters of Union Veterans for
a "Tag Day" September 28th.
Permits have been approved for
this organization in previous years.
The September 28th day is open.
I recommend that the request
be granted.
Respectfully,
Gilbert D. Chavenelle
City Manager
Councilman Pregler moved that
the recommendation of the City
Manager be approved. Seconded
by Councilman Couchman. Carried
by the following vote:
Yeas-Mayor McCauley, Council.
men Couchman, Meyers, Pregler,
Schultz.
Nays-None.
March 25, 1968
To the Honorable Mayor
and City Council
Gentlemen:
I herewith submit the monthly
reports of the City Treasurer, Wa-
ter Department and City Auditor,
as well as a list of claims for
the month of February, 1968.
Respectfully submitted,
Gilbert D. Chavenelle
City Manager
Councilman Pregler moved that
the reports be received and filed.
Seconded by Councilman Meyers.
Carried by the following vote:
Yeas-Mayor McCauley, Council-
men Couchman, Meyers, Pregler,
Schultz.
Nays-None.
Proof of Publication, certified to
by the Publisher, of Statement of
Receipts and a list of claims for
which warrants were issued in
February, presented and read.
Regular Session, April 1, 1968
169
Councilman Pregler moved tbat
tbe proof of publication be re-
ceived and filed. Seconded by
Councilman Meyers. Carried by the
following vote:
Yeas-Mayor McCauley, Council-
men Couchman, Meyers, Pregler,
Schultz.
Nays-None.
fective sidewalk in tbe 1000 block
on Lincoln Ave. on January 11,
1968, presented and read. Mayor
McCauley moved that tbe notice
of claim be referred to the City
Solicitor for investigation and reo
port. Seconded by Councilman
Pregler. Carried by the following
vote:
Yeas-Mayor McCauley, Council.
man Couchman, Meyers, Pregler,
Schultz.
Nays-None.
Proof of Publication, certified
to by the Publisher, of notice of
record of hearing and certificate
to amend the current budget, pre.
sented and read.
No written objections were filed
and no oral objectors were present
in the Council Chamber at the
time set for the public hearing.
Mayor McCauley moved that the
proof of publication be received
and filed. Seconded by Councilman
Schultz. Carried by the following
vote:
Yeas-Mayor McCauley, Council.
men Couchman, Meyers, Pregler,
Schultz.
Nays-None.
April 1, 1968
To the Honorable Mayor and
City Council,
Gentlemen:
This is to advise that I have
approved the following bonds and
desire to have your approval on
same.
SIDEWALK
M. P. Kluck and Son, d/b/a Merlin
P. Kluck, United States Fidelity
and Guaranty Co.
Wendelin Rettenberger, d/b/a Ret.
tenberger Tree and Landscape,
Merchants Mutual Bonding Com-
pany
Respectfully,
Gilbert D. Chavenelle
City Manager
Councilman Meyers moved that
the bonds be filed subject to ap-
proval of the City Solicitor. Sec-
onded by Councilman Couchman.
Carried by the following vote: ORDINANCE NO. 18-68
Yeas-Mayor McCauley, Council- An Ordinance amending the
men Couchman Meyers Pregler budgat as approved by Raso.
Schultz. ' , , lution No. 222-67 and Ordi.
Nays-None. nance No. 1-68,
Notice of claim of C. Doris said Ordinance having been pre.
Slaght of 1201 Lincoln Ave., in the viously presented and read at the
amount of $554.50 for personal in- Council meeting of March 4, 1968,
juries received in a fall on a de- I presented for final adoption.
. ORDINANCE' NO:'... .
An O,dl..n<o ,m,"dl,. Ihe bud..t " .pprmd by R"olullo' No. 222.61 'M
Onll..,<o No. ,~'.
Be it "d,'ood by Ih. City Cou"," of
Thot the unex pcled mh
POym,"t - of ,pce"...
"d fOr the pu.."" " .
""""0"' of f"d, '" hmby
EXPENDITURES
"",218.00
170
Regular Session, April 1, 1968
STREET FUND
llem No. lJJ.I-Ci1Y G",ge (Munlcl..r Oo"ge
¡= ~~'7Y~fE~1:kco;:~~~~'(g~~~fI~h~~~~0~;i::::::::: =
L_~!_~~_~:':,£UN~_" ". ..Id f>om Ihe u",",umbmd c..h bOI:':'~'::
Jonuorv 1. "" " Ihe Sl"et Fu,d.
(Conl",t--.p"",om,) . 12,IlOO.00
(\fi:~;~i't-;;I'j'¿'~9~,,~~:'.:'~¡ Ii::'.:!:
TOTAL. STREET ROAD USE TAX FUND ~
The.. ...ro"loIlo", ,holl be ..,d f>om the une,cumbe,ed c"h bolon" om
and oboye the omoo,l onllel..led J,"uo>y " ,.., In Ihe Street Rood U,e Tox Fu,d.
rUBLlC SAFETV FUND
1- No. "'E-Ambu"nce IMol,"..n" ond Re.o'" 1,599.00
- ... .. be ..,d f>om Ihe u,encumbe..d mh bolon" """,
,..ted Jonum 1, "" " the Public Solely Fu,d.
Imp'ovemen" (P. W. Wooe,' l,SOO.OO
Imp'oveme,t IP. W. Mot""1) 1,IlOO.00
Imp'ovemen" ICont"ct Job,
"'lmprovement,"ISubdlvliIM 71,175.00
,",'oo.DO
-----<
UNO $l06.O7S.00
.eld from Ihe u,e,cumbereð c"h bolon" om
Jonuorv 1, "" " Ihe S,"ltollon Fv,d.
FUND
W.;:':("y~'\',"I'}":::::::: '::m:~
TOTAL SANITATION SEWAGE RENTAL FUND ~
"'"e o..rpp,lello", "'oil be .old from the unencumbe>Od co'" bolon" om
"'" obove the omount on"c¡poled Jonuorv 1, ]... In the SOnltellon Sewo.. Re,1o1
io't'11:iCIPAL ENTERPRISE FUND-LIBRARV
Item No. l0\3-I-Llbmy Build'.. Accounl «.] Co",ullonl
lIem N¿,'fl3-l-ubrorv Building Accou,' (K.' Archilect 2,5"'"
Fee' ................................................. 1.500.00
ENTERPRISE-LIBRARV FUND ~
,holl be ..Id f>om the unencumbered c"", 'olon" om
ontlel..led Jonuorv " "63 " the Munlcl..1 E,leml'......
RISE FUND-DOCKS
onl Imp'ovemenl ("""'<jpmenl
ThI,Ar:~.;;¿;;~lIòn 'holl be ..Id from the "nencumbe"d c..h 'OIO",~'~V~
end Obove I", omoo,t onllcl.oled Jonuorv 1, "" In the Mu,leI..1 E,t"p'I..-Oock
..,,"'.
RECRE FUND-RECREATION GENERAL
- No. -P"ygroo,d Improvemenl lCO.llol Oulloy) 33,350.00
Thl, .rlotlon "'" be ..,d f>om the une",um""ed mh bolonce om
",d ,mou,t onllel..led J..uorv 1, ,... " the Rmeollon Fu,d-Re<:re..
lion .
REC F COUR5E
lIem Improvemenl,) 12,600.00
the unencumbered c..h bel.." over
J..uery 1, "" " the Reaeollon Fund--
10.IlOO.00
7".110
11,"'.00
3.IlOO.00
102,650.00
,holl be ..Id from the une,cumbered co'" bol:~:
.."eI..'" Jonuory " "" " the UIIIIII.. Fund-W'1er
'J~~::~:br:;t:ture of CItY
low, for the
ond ,"ding
-,,""öõõ' fI,,1 on_" . ....... . .... . ..".21""
~:;:3, 'ad.."", ..;3':~~ot".:f ~~, "W'nolf r~~~'; I\,',~"" dov of A.rll, "'".
SYLVESTER McCAULEY
WALTER A.
MERLIN F. ,
DONALD R.
GAYLORD M.
"TTEST,
eM F. F"'"""elt
CI¡,vUb~I~~~d officiollY " The Tel....,PI>Hera" New,paper thl, 'th .'Y of April,
"". Leg F. Frommelt
C"" OJ"'"
>t.H
Regular Session, April 1, 1968
171
Mayor McCauley moved final
adoption of the Ordinance. Second-
ed by Councilman Meyers. Carried
by the following vote:
Yeas-Mayor McCauley, Council.
men Couchman, Meyers, Pregler,
Schultz.
Nays-None.
Petition of Donald Guier re-
questing erection of a street light
in the 2600 block on W. 32nd
Street, presented and read. Coun-
cilman Meyers moved that the pe-
tition be referred to the City
Manager and Electrical Inspector
for investigation and report. Sec.
onded by Councilman Couchman.
Carried by the following vote:
Yeas-Mayor McCauley, Council-
men Couchman, Meyers, Pregler,
Schultz.
Nays-None.
Petition of David L. Hammer, at,
torney for property owners who
reside on Cerra, Altura, and Mesa
Drives requesting construction of
a chain lInk fence to protect chil-
dren using Valley High Playground
from faIling into Becker's stone
quarry and further requesting
termination of blasting in the
quarry, presented and read.
Councilman Meyers moved that
the petition be received and filed.
Seconded by Mayor McCauley.
Carried by the following vote:
Yeas-Mayor McCauley, Council-
men Couchman, Meyers, Pregler,
Schultz.
Nays-None.
Petition of Mrs. Joe Schubert et
al requesting the erection of a
chain link fence around the Becker
stone quarry and that the operators
of the quarry be refrained from
any further blasting, presented and
read. Councilman Meyers moved
that the petition be received and
filed. Seconded by Mayor Mc.
Cauley. Carried by the following
vote:
Yeas-Mayor McCauley, Council.
men Couchman, Meyers, Pregler,
Schultz.
Nays-None.
Attorney David Hammer ad-
dressed the Council by stating that
the present fences around Valley
High Playground, behind Cerro
Drive, are a delapidated snow
fence and a broken down barbed
wire fence. The Playground is
separated from Grandview Ave.
and Kaufmann Ave. by a straight
drop.off bluff. Mr. Hammer furtber
stated that he was aware of the
fact that the quarry was in exist-
ence long before the homes were
built in the area, but blasting
should be stopped and other
methods of rock removal should
be employed. No one wants the
quarry to shut down, but rather
that the use of said quarry be
consistent for the safety of the
p"ople in the area. A blasting ex-
pert from the Becker's insurance
company investigated damage to
homes and streets. The expert was
of the opinion that the cracking
of foundations and walls was not
due to explosives. The test he made
was by using sixteen pounds of
black powder and its impact was
hardly noticeable. Beckers ceased
to blast in 1963 until 1967. In the
spring of 1967 blasting was re-
sumed and since that time it has
been very violent on several oc-
casions. Mr. Harold Becker stated
that they did not blast since last
year unless a member of tire City
Engineering Department was pres-
ent. Blasts shook the homes on
March 6 and March 16th and resi.
dents phoned the engineering de-
partment and were informed by
City Engineer White that he was
not aware of said blasting.
Attorney Hal Reynolds repre-
senting the Becker interests asked
the questing why should the City
become involved in a civil rights
matter. There is a substantial fact
question involved aside from the
legal question. This is not a matter
for the City Council to determine.
To take these matters hefore the
City Council is not in legal form.
Cletus Kaiser 1375 Cerro Drive,
Esther & Willard Hedrick 1425
Cerro Drive, Duane Brimeyer 1506
Altura Drive, Joseph Bowden 1340
Cerro Drive, Mrs. Joseph Schubert
1380 Cerro Drive, Joe Hein 1275
Cerro Drive, Cliff Voelkert 1235
Cerro Drive, all addressed tbe
Council in support of their peti-
tion, describing foundation cracks
and objecting to the fact that there
is no fence around the top of the
quarry.
Mayor McCauley moved that the
rules be reimposed. Seconded by
Councilman Couchman. Carried by
the folinwing vote:
ill!
J.'
172 Regular Session, April 1, 1968
Yeas-Mayor McCauley, Council- onded by Councilman Meyers. Car.
men Couchman, Meyers, Pregler, ried by the following vote:
Schultz. Yeas-Mayor McCauley, Council.
Nays-None. men Couchman, Meyers, Pregler,
City Manager Gil Chavenelle and Schultz.
City Engineer White related to the Nays-None.
Council what had been done in Petition of Jane Cummo et al reo
re~ard to the many complaints reo questing vacation of the platted
celved from the stone quarry area. alley between Henderson and
Mayor McCauley moved t hat Whalen Streets, (17 signers), pre-
the matter of blasting be postponed sented and read. Councilman Preg.
for two weeks and referred to the ler moved that the petition be re-
City Solicitor for investigation and ferred to the Planning & Zoning
report. Seconded by Councilman Commission. Seconded by Mayor
Pregler. Carried by the following McCauley. Carried by the follow.
vote: ing vote:
Yeas-Mayor McCauley, Council. Yeas-Mayor McCauley, Council.
men Couchman, Meyers, Pregler, men Couchman, Meyers, Pregler,
Schultz. Schultz.
Nays-None. Nays-None.
th;~~oB~~~~r ~~::~~:~m~g~~~~c~ Petition of Northw~stern B~ll
man Pregler moved that the Man- Telephone Co. requestmg perIDls.
ager be instructed to investigate SIOn to construct. underground
the cost of constructing a play. cable on Grandvlew between
ground fence and report back to Southern Avenue ~nd Rockdale
the Council. Seconded by Council- Road under the SIdewalk 1350
man Couchman. Carried by the Feet, ~ong Rockd~e road .the
following vote: cable will be placed ":1 the parkmg,
Yeas-Mayor McCauley, Council. then attach to the brIdg~ on Rock.
men Couchman, Meyers, Pregler, dale Road to cross Catfish Creek,
Schultz. presented and read.
Nays-None. Councilman Pregler moved ap.
. . . proval of the petition subject to
PetItion of. Mrs. Mike L. Sw~e'.'ey approval of the City Engineer.
et al requestmg parking restrIctIOn Seconded by Councilman Couch.
~~ t~. h~%~i~~~w9 ~~~. ~o~e~~~ man. Carried by the following
Streets, in the Senior High area, vote: .
presented and read. Councilman Yeas-Mayor McCauley, CouncIl.
Pregler moved that the petition be men Couchman, Meyers, Pregler,
referred to the City Manager and Schultz.
Traffic Department for investiga- Nays-None.
tion ~nd report. Seconded by Councilman Pre g I e r further
Councllm~ Schultz. CarrIed by moved that the City Clerk be giv.
the followmg vote: . en authority to execute the reo
Yeas-Mayor McCauley, CouncIl. qnired State application forms.
men Couchman, Meyers, Pregler, Seconded by Councilman Meyers.
Sc~ultz. N Carried by the following vote:
ays- one. Yeas-Mayor McCauley, Council-
Petition of Dubuque Industrial men Couchman, Meyers, Pregler,
Bureau and Mayor's Industrial Schultz.
Committee requesting purchase of N s-None
four acres lying partly in Block 5 ay .
and Block 6 in Riverfront Subdi. Petition of Schiltz Construction
vision on the Industrial Island, also Co. requesting permission to exca-
that an additional three acres to vate in alley between 11th and 12th
the north of this land be reserved and Iowa and Central Ave., pre-
on a right of first refusal basis, sented and read. Councilman
presented and read. Mayor Mc- Pregler moved that the petition
Cauley moved that the petition be be granted subject to approval of
referred to the Mayor's Industrial the City Engineer. Seconded by
Committee and to the City Attar- Councilman Meyers. Carried by the
ney for proper proceedings. Sec. following vote:
Regular Session, April 1, 1968
Yeas-Mayor McCauley, Council.
men Couchman, Meyers, Pregler,
Schultz.
Nays-None.
Petition of Richard Rahe and
David Burds requesting a refund
of $25. on the unexpired portion
of cigarette license No. 262, as
they have discontinued business
on February I, 1968, presented and
read. Mayor McCauley moved that
the refund be granted and the
Auditor instructed to issue proper
warrant. Seconded by Councilman
Couchman. Carried by the follow.
ing vote:
Yeas-Mayor McCauley, Council-
men Couchman, Meyers, Pregler,
Schultz.
Nays-None.
Petition of Canfield Hotel Inc.
requesting a refund of $50. on the
unexpired portion of beer license
No. 70, as they have discontinued
business on March 29, 1968, pre-
sented and read. Mayor McCauley
moved that the refund be granted
and the Auditor instructed to issue
pro per warrant. Seconded by
Councilman Couchman. Carried by
the following vote:
Yeas-Mayor McCauley, COUncil.
men Couchman, Meyers, Pregler,
Schultz.
NaYS-None.
Petition of Eagle Food Center
Store #109 requesting a refund of
$25. on the unexpired portion of
cigarette license No. 11, as they
have discontinued business on
April 1, 1968, presented and read.
Mayor McCauley moved that the
refund be granted and the Auditor
instructed to issue proper warrant.
Seconded by Councilman Couch-
man. Carried by the following
vote:
Yeas-Mayor McCauley, Council-
men Couchman, Meyers, Pregler,
Schultz.
Nays-None.
Petition of Eagle Food Center
#130 requesting a refund of $25.
On the unexpired portion of ciga.
rette license No. 10, as they have
discontinued business on April 1,
1968, presented and read. Mayor
McCauley moved that the refund
be granted and the Auditor in-
structed to issue proper warrant.
Seconded by Councilman Couch.
man. Carried by the following
vote:
173
Yeas-Mayor McCauley, Council.
men Couchman, Meyers, Pregler,
Schultz.
Nays-None.
Petition of Eagle Food Center
Store #144 requesting a refund of
$25. on the unexpired portion of
cigarette license No.9, as they
have discontinued business on
April 1, 1968, presented and read.
Mayor McCauley moved that the
refund be granted and the Auditor
instructed to issue proper warrant.
Seconded by Councilman Couch.
man. Carried by the following
vote:
Yeas-Mayor McCauley, Council.
men Couchman, Meyers, Pregler,
Schultz.
Nays-None.
Petition of May's Drug Store reo
questing a refund of $25. on the
unexpired portion of cigarette Ii.
cense No. 27, as they have discon.
tinued business On April 1, 1968,
presented and read. Mayor Mc.
Cauley moved that the refund be
granted and the Auditor instructed
to issue proper warrant. Seconded
by Councilman Couchman. Carried
by the following vote:
Yeas-Mayor McCauley, Council.
men Couchman, Meyers, Pregler,
Schultz.
Nays-None.
Petition of Ethel Schwart2 reo
questing a refund of $25. on the
unexpired portion of cigarette Ii.
cense No. 216, as she has discon-
tinued business on March 30, 1968,
presented and read. Mayor Mc.
Cauley moved that the refund be
granted and the Auditor instructed
to issue proper warrant. Seconded
by Councilman Couchman. Carried
by the following vote:
YeaS-Mayor McCauley, Council.
men Couchman, Meyers, Pregler.
Schultz.
Nays-None.
Proof of Publication, certified to
by the Publisher, of notice of puh.
lic hearing on resolution of neces.
sity and upon proposed plans,
specifications, form of contract and
cost for the construction of the
IOWA STREET STORM SEWER
1968 FROM THE S.P.L. 4TH
STREET TO THE N.P.L. 9TH
STREET, presented and read.
No written objections were filed
and no oral objectors were present
in the Council Chamber at the
time set for the public hearing.
174
Regular Session, April 1, 1968
Councilman Pregler moved that
the proof of publication be re-
ceived and filed. Seconded by
Councilman Couchman. Carried by
the following vote:
Yeas-Mayor McCauley, Council-
men Couchman, Meyers, Pregler,
Schultz.
Nays-None.
(Necessity for Improvement)
RESOLUTION NO. 76-68
WHEREAS, proposed p I a n s,
specifications, form of contract,
plat and schedule have been duly
prepared and approved by the
City Council of the City of Du-
buque and are now on file in the
office of the City Clerk showing
among other things the following:
1. The streets to he improved.
2. The size and kinds of sewers.
3. An estimate of the cost of the
proposed improvement, stating
the same for each different
type of construction and kind
of material to be used.
Construction of the Iowa Street
Storm Sewer 1968 from the S.P.L.
4th Street to the N.P.L. 9th Street.
BE IT THEREFORE RESOLVED
that the City Council on its own
motion or upon petition of prop-
erty owners, deems it advisable
and necessary for the public wel-
fare to make the herein mentioned
improvement, and unless property
owners at the time of the final
consideration of this proposed res-
olution have on file with the City
Clerk objections to the amount of
the proposed assessments, they
shall be deemed to have waived
all objections thereto.
Said improvements shall be con.
structed and done in accordance
with the plans and specifications
which have been prepared there-
fore by the City Engineer which
have been approved by the City
Council and are now on file with
the City Clerk. That the cost and
expense of making said improve-
ment will be paid for from sewer
funds.
The above resolution was in-
troduced, approved 'and ordered
placed on file with the City Clerk
this 26th day of February. 1968.
RECORD OF FINAL ADOPTION.
The foregoing resolution was
Ímally passed and adopted, as pro-
posed, by the City Council this
1st day of April 1968.
Sylvester McCauley
Mayor
Walter A. Pregler
Merlin F. Schultz
Donald R. Meyers
Gaylord M. Couchman
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Meyers moved final
adoption of the resolution. Sec-
onded by Councilman Pregler.
Carried by the following vote:
Yeas-Mayor McCauley, Council-
men Couchman, Meyers, Pregler,
Schultz.
Nays-None.
Decision of Council upon
objections to p"ns, specifications,
form of contract and cost of
improvements
RESOLUTION NO. 142-68
WHEREAS, proposed plans and
specifications and form of contract
for the construction of the Iowa
Street Storm Sewer 1968 from the
S.P.L. 4th Street to the N.P.L. 9th
Street have been approved by the
City Council of the City of Du-
buque and public notice given as
provided by Chapter 23 of the
Code of Iowa, 1966, pertaining to
public contracts and bonds, and
the time and place fixed for the
hearing of all objections to said
plans, specifications or contract
for or cost of such improvements,
said time being this 1st day of
April, 1968, and
WHEREAS, the City Council
met in regular session this 1st
day of April, 1968, at 7:30 o'clock
P.M. at the Council Chambers in
the City Hall for the purpose of
hearing all interested parties and
considering any and all objections
which have been filed to the
proposed plans, specifications or
contract for or cost of the im-
provement herein described and
proposed to be made; and
WHEREAS, all interested par-
ties have been given an oppor-
tunity to be heard and all objec-
tions which have bee n duly
weighed and considered; now,
therefore
BE IT RESOLVED by the City
Council of the City of Dubuque,
that all objections which have
been made and filed to the plans,
specifications, contract for or cost
of said improvement herein de-
Regular Session, April 1, 1968
scribed and proposed to be made,
be and the same hereby overruled
and such plans, specifications and
form of contract heretofore ap.
proved are hereby adopted.
BE IT FURTHER RESOLVED
that this resolution containing the
decision of this Council upon all
objections which have been filed
to the plans, specifications and
form of cost said improvement be
made a matter of permanent rec-
ord in connection with said im-
provement.
Passed, adopted and approved I
this 1st day of April, 1968.
Sylvester McCauley
Mayor
Walter A. Pregler
Merlin F. Schultz
Donald R. Meyers
Gaylord M. Couchman
Councilmen
in the manner provided by law,
the said improvements shall be
completed on or before 60 days
after notice to proceed has been
issued.
BE IT FURTHER RESOLVED
that this resolution being deemed
urgent and of immediate neces-
sity shall be in force and effect
from and after its passage and
adoption by the City Council.
Passed, adopted and approved
this 1st day April, 1968.
Sylvester McCauley
Mayor
Walter A. Pregler
Merlin F. Schultz
Donald R. Meyers
Gaylord M. Couchman
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Meyers moved adop-
tion of the resolution. Seconded
by Councilman Pregler. Carried by
the following vote:
Yeas-Mayor McCauley, Council.
men Couchman, Meyers, Pregler,
Schultz.
Nays-None.
Proof of Publication, certified
to by the Publisher, of Notice of
Pendency of Resolution of Neces-
sity for public improvements and
(Ordering Construction) hearing upon proposed plans, spec-
RESOLUTION NO. 143-68 ifications, form of contract and
BE IT RESOLVED BY THE cost of improvements for the con-
CITY COUNCIL OF THE CITY struction of the IOWA STREET
OF DUBUQUE that pursuant to SANITARY SEWER 196B FROM
a resolution of necessity No. 76-6B THE S.P.L. 4TH STREET TO THE
which was duly passed by this N.P.L. 9TH STREET INCLUDING
Council, for the construction of SUB MAINS ON 6TH STREET
the Iowa Street Storm Sewer 196B FROM IOWA STREET 111 FEET
from S.P.L. 4th Street to N.P.L. WEST AND 7TH STREET FROM
9th Street be and the same are IOWA STREET 132 FEET EAST,
hereby ordered and constructed presented and read.
by this Council upon its own mo- No written objections were filed
tion and with or without the peti. and no oral objectors were present
tion of property owners. All the in the Council Chamber at the
work shall be constructed in ac- time set for the public hearing.
cordance with the plans and spec- Councilman Couchman moved that
ifications heretofore adoPted and the proof of publication be re-
now on file in the office of the ceived and filed. Seconded by
City Clerk. Councilman MeYers. Carried by
BE IT FURTHER RESOLVED the following vote:
that the cost of such improvement Yeas-Mayor McCauley, Council-
shall be paid from the Sanitation men Couchman, Meyers, Pregler,
Fund and Road Use Tax Fund. Schultz.
BE IT FURTHER RESOLVED Nays-None.
that the City Clerk be and he is .
hereby ordered and directed to (NecesSIty for Improvement)
advertise for proposals for the RESOLUTION NO. 79-68
construction of the various im. WHEREAS, proposed p I a n s,
provements herein provided for specifications, form of contract,
Attest:
Leo F. Frommelt
City Clerk
Councilman Pregler moved adop.
tion of the resolution. Seconded
by Councilman Couchman. Carried
by the following vote:
Yeas-Mayor McCauley, Council-
men Couchman, Meyers, Pregler,
Schultz.
Nays-None.
175
176 Regular Session, April 1, 1968
plat and schedule have been duly I Councilman Meyers moved final
prepared and approved by the adoption of the resolution. Second-
City Council of the City of Du- ed by Councilman Pregler. Carried
buque and are now on file in the by the following vote:
office of the City Clerk showing Yeas-Mayor McCauley, Council-
among other things the follow- men Couchman, Meyers, Pregler,
ing: Schultz.
1. The streets to be improved. Nays-None.
2. The size and kind of sewers. Attest:
3. An estimate of the cost of the Leo F. Frommelt
proposed improvement, stating City Clerk
the same for each different
type of construction and kind
of material to be used.
Construction of the Iowa Street
Sanitary Sewer 1968 from the
S.P.L. 4th Street to the N.P.L. 9th
Street including sub mains on 6th
Street from Iowa Street 111 feet
west and 7th Street from Iowa
Street 132 feet east.
BE IT THEREFORE RESOLVED
that the City Council on its own
motion or upon petition of prop-
erty owners, deems it advisable
and necessary for the public wel-
fare to make the herein men-
tioned improvement, and uuless
property owners at the time of
the final consideration of this
proposed resolution have on file
with the City Clerk objections to
the amount of the proposed as-
sessments, they shall be deemed
to have waived all objections
thereto.
Said improvements shall be con-
structed and done in accordance
with the plans and specifications
which have been prepared there-
fore by the City Engineer which
have been approved by the City
Council and are now on file with
the City Clerk. That the cost and
expense of making said improve-
ment will be paid for from sewer
funds.
The above resolution was intro-
duced, approved and ordered
placed on file with the City Clerk
this 26th day of February, 1968.
RE~ORD OF FINAL ADOPTION
The foregoing resolution was fi-
nally passed and adopted, as pro.
posed, by the City Council this 1st
day of April 1968.
Sylvester McCauley
Mayor
Walter A. Pregler
Merlin F. Schultz
Donald R. Meyers
Gaylord M. Couchman
Councilmen
Decision of Council upon ob.
jections to plens, specifica.
tions, form of contract and
cost of improvements
RESOLUTION NO. 144-68
WHEREAS, proposed plans and
specifications and form of contract
for the construction of the Iowa
Street Sanitary Sewer 1968 from
the S.P.L. 4th Street to the N.P.L.
9th Street including sub mains on
6th Street from Iowa Street 111
feet west and 7th Street from
Iowa Street 132 feet east have
been approved by the City Council
of the City of Dubuque and public
notice given as provided by Chap-
ter 23 of the Code of Iowa, 1966,
pertaining to public contracts and
bonds, and the time and place
fixed for the hearing of all ob-
jections to said plans, specifica-
tions or contract for or cost of
such improvements, said time be-
ing this 1st day of April, 1968: and
WHEREAS, the City Council met
in regular session this 1st day of
April. 1968, at 7:30 o'clock P.M. at
the Council Chambers in the City
Hall for the purpose of hearing all
interested parties and considering
any and all objections which have
been filed to the proposed plans,
specifications or contract for or
cost of the improvement herein
described and proposed to be
made: and
WHEREAS, all interested parties
have been given an opportunity to
be heard and all objections which
have been duly weighed and con-
sidered: now, therefore
BE IT RESOLVED by the City
Council of the City of Dubuque,
that all objections which have
been made and filed to the plans,
specifications, contract for or cost
of said improvement herein de-
scribed and proposed to be made,
be and the same hereby overruled
and such plans, specifications and
Regular Session, April 1, 1968
form of contract heretofore ap-
proved are hereby adopted.
BE IT FURTHER RESOLVED
that this resolution containing the
decision of this Council upon all
objections which have been filed
to the plans, specifications and
form of cost said improvement be
made a matter of permanent
record in connection with said im-
provement.
Passed, adopted and approved
this 1st day of April, 1968.
Sylvester McCauley
Mayor
Walter A. Pregler
Merlin F. Schultz
Donald R. Meyers
Gaylord M. Couchman
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Pregler moved adop-
tion of the resolution. Seconded by
Councilman Couchman. Carried by
the following vote:
Yeas-Mayor McCauley, Council-
men Couchman, Meyers, Pregler,
Schultz.
Nays-None.
(Ordering Construction)
RESOLUTION NO. ]45-68
BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF
DUBUQUE that pursuant to a reso-
lution of necessity No. 79-68 which
was duly passed by this Council,
for the construction of the Iowa
Street Sanitary Sewer 1968 with
sub-mains be and the same are
hereby ordered and constructed by
this Council upon its own motion
and with or without the petition
of property owners. All the work
shall be constructed in accordance
with the plans and specifications
heretofore adopted and now on
file in the office of the City Clerk.
BE IT FURTHER RESOLVED I
that the cost of such improvement
shall be paid for from the Sanitary
Sewage Rental Fund.
BE IT FURTHER RESOLVED
that the City Clerk be and he is
hereby ordered and directed to
advertise for proposals for the con-
struction of the various improve-
ments herein provided for in the
manner provided by law, the said
improvements shall be completed
on or before 60 days after notice
to proceed has been issued.
BE IT FURTHER RESOLVED
that this resolution being deemed
urgent and of immediate necessity
shall be in force and effect from
and after its passage and adoption
by the City Council.
Passed, adopted and approved
this 1st day of April, 1968.
SYlvester McCauley
Mayor
Walter A. Pregler
Merlin F. Schultz
Donald R. Meyers
Gaylord M. Couchman
Councilmen
Attest:
Leo F. Frommelt,
City Clerk
Councilman Pregler moved adop-
tion of the resolution. Seconded
by Councilman Couchman. Carried
by the folIowing vote:
Yeas-Mayor McCauley, Council-
men Couchman, Meyers, Pregler,
Schultz.
Nays-None.
Proof of Publication, certified
to by the Publisher, of Notice of
Pendency of Resolution of Neces.
sity for public improvements and
hearing upon proposed plans and
specifications, form of contract and
cost of improvements, for construc-
tion of the EIGHTH STREET
STORM SEWER 1968 FROM THE
E.P.L. CENTRAL A VENUE TO
THE W.P.L. IOWA STREET, pre-
sented and read.
No written objections were filed
and no oral objectors were present
in the Council Chamber at the
time set for the public hearing.
Councilman Meyers moved that
the proof of publication be re-
ceived and filed. Seconded by
Councilman Pregler. Carried by
the folIowing vote:
Yeas-Mayor McCauley, Council-
men Couchman, Meyers, Pregler,
Schultz.
Nays-None.
(Necessity for Improvement)
RESOLUTION NO. 82-68
WHEREAS, proposed plans, spec-
ifications, form of contract, plat
and schedule have been duly pre.
pared and approved by the City
Council of the City of Dubuque
and are now on file in the office
of the City Clerk showing among
other things the folIowing:
1. The streets to be improved.
2. The size and kind of sewers.
3. An estimate of the cost of
177
178
Regular Session, April 1, 1968
the proposed improvement, stating
the same for each different type of
construction and kind of material
to be used.
Construction of the Eighth Street
Storm Sewer 1968 from ihe E.P.L.
Central Avenue to the W.P.L.
Iowa Street.
BE IT THEREFORE RESOLVED
that the City Council on its own
motion or upon petition of proper.
ty owners, deems it advisable and
necessary for the public welfare
to make the herein mentioned im-
provement, and unless property
owners at the time of the final
consideration of this proposed reso.
lution have on file with the Ciiy
Clerk objections to the amount of
the proposed assessments, they
shall be deemed to have waived all
objections thereto.
Said improvements shall be con.
structed and done in accordance
with the plans and specifications
which have been prepared there-
fore by the City Engineer which
have been approved by the City
Council and are now on file with
the City Clerk. That the cost and
expense of making said improve-
ment will be paid for from sewer
funds.
The above resolution was intro-
duced, approved and ordered plac.
ed on file with the City Clerk this
26th day of February, 1968.
RECORD OF FINAL ADOPTION
The foregoing resolution was
finally passed and adopted, as
proposed, by the City Council this
1st day of April 1968.
Sylvester McCauley
Mayor
Walter A. Pregler
Merlin F. Schultz
Donald R. Meyers
Gaylord M. Couchman
Councilmen
Attest:
Leo F. Frommelt,
City Clerk
Councilman Meyers moved final
adoption of the resolution. Second.
ed by Councilman Pregler. Carried
by the following vote:
Yeas-Mayor McCauley, Council-
men Couchman, Meyers, Pregler,
Schultz.
Nays-None.
Decisions of Council upon objec-
tions to plans, specifications, form
of contract and cost of improve-
ments.
RESOLUTION NO. 148-68
WHEREAS, proposed plans and
specifications and form of contract
for the Construction of the Eighth
Sireet Storm Sewer 1968 from the
E.P.L. Central Avenue to the
W.P.L. Iowa Street have been ap.
proved by the City Council of the
City of Dubuque and public notice
given as provided by Chapter 23 of
the Code of Iowa, 1966, pertaining
to public contracts and bonds, and
the time and place fixed for the
hearing of all objections to said
plans, specifications or contract for
or cost of such improvements, said
time being this 1st day of April,
1968; and
WHEREAS, the City Council met
in regular session this 1st day of
April, 1968, at 7:30 o'clock P.M.
at the Council Chambers in the
City Hall for the purpose of hear-
ing all interested parties and can.
sidering any and all objections
which have been filed to the pro-
posed plans, specifications or con.
tract for or cost of the improve.
ment herein described and propos-
ed to be made; and
WHEREAS, all interested parties
have been given an opportunity to
be heard and all objections which
have been duly weighed and con-
sidered; now, therefore
BE IT RESOLVED by the City
Council of the City of Dubuque,
that all objections which have
been made and filed to the plans,
specifications, contract for or cost
of said improvement herein de-
scribed and proposed to be made,
be and the same hereby overruled
and such plans, specifications and
form of contract heretofore ap-
proved are hereby adopted.
BE IT FURTHER RESOLVED
that this resolution containing the
decision of this Council upon all
objections which have been filed
to the plans, specifications and
form of cost said improvement be
made a matter of permanent rec-
ord in connection with said im-
provement.
Regular Session, April 1, 1968
179
Passed, adopted and approved
this 1st day of April, 1968.
Sylvester McCauley
Mayor
Walter A. Pregler
Merlin F. Schultz
Donald R. Meyers
Gaylord M. Couchman
Councilmen
Attest:
Leo F. Frommelt,
City Clerk
Councilman Couchman moved
adoption of the resolution. Sec.
onded by Councilman Pregler. Car-
ried by the following vote:
Yeas-Mayor McCauley, Council-
men Couchman, Meyers, Pregler.
Schultz.
Nays-None.
(Ordering Construction)
RESOLUTION NO. 147.68
BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF
DUBUQUE that pursuant to a res-
olution of necessity No. 82.68
which was duly passed by this
Council. for the construction of
the Eighth Street storm sewer
1968 from the E.P.L. of Central
Avenue to the W.P.L. of Iowa
Street be and the same are here-
by ordered and constructed by this
Council upon its own motion and
with or without the petition of
property owners. All the work
shall be constructed in accordance
with the plans and specifications
heretofore adopted and now on
file in the office of the City Clerk.
BE IT FURTHER RESOLVED
that tbe cost of such improvement
shall be paid for from the Road
Use Tax Fund.
BE IT FURTHER RESOLVED
that the City Clerk be and he is
hereby ordered and directed to ad-
vertise for proposals for the con-
struction of the various improve.
ments herein provided for in the
manner provided by law, the said
improvements shall be completed
on or before 60 days after notice
to proceed has been issued.
BE IT FURTHER RESOLVED
that this resolution being deemed
urgent and of immediate necessity
shall be in force and effect from
and after its passage and adoption
by the City Council.
Passed, adopted and approved
this 1st day of April, 1968.
Sylvester McCauley
Mayor
Walter A. Pregler
Merlin F. Schultz
Donald R. Meyers
Gaylord M. Couchman
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Meyers moved adop-
tion of the resolution. Seconded by
Councilman Couchman. Carried by
the foIlowing vote:
Yeas - Mayor McCanley, Coun-
cilmen Couchman, Meyers, Preg.
ler, Schultz.
Nays-None.
Proof of Publication, certified
to by the Publisher, of notice of
pendency of Resolution of Neces-
sity for public improvements and
hearing upon proposed plans and
specifications, form of contract,
cost of improvements, for con-
struction of FIFTH STREET
STORM SEWER 1968 FROM
W.P.L. OF WHITE STREET TO
THE W.P.L. OF LOCUST STREET,
presented and read.
No written objections were filed
and no orai objectors were pres.
ent in the Council Chamber at the
time set for tbe public hearing.
Councilman Couchman moved
that the proof of publication be
received and filed. Seconded by
Councilman Meyers. Carried by
the following vote:
Yeas - Mayor McCauley, Coun-
cilmen Couchman, Meyers, Preg-
ler, Schultz.
Nays-None.
(Necessity for Improvement)
RESOLUTION NO. 85-68
WHEREAS, proposed plans, spec-
ifications, form of contract, plat
and schedule have been duly pre.
pared and approved by the City
Council of the City of Dubuque
and are now on file in the office
of the City Clerk showing among
other things the following:
1. The streets to be improved.
2. The size and kind of sewers.
3. An estimate of the cost of
the proposed improvement, stating
the same for each different type
of construction and kind of mater-
ial to be used.
180
Regular Session, April 1, 1968
Construction of the Fifth Street
Storm Sewer 1968 from the W.P.L.
of White Street to the W.P.L. of I
Locust Street. '
BE IT THEREFORE RESOLVED
that the City Council on its own
motion or upon petition of prop-
erty owners, deems it advisable
and necessary for the public wel-
fare to make the herein mentioned
improvement, and unless property
owners at the time of the final
consideration of this proposed reso-
lution have on file with the City
Clerk objections to the amount
of the proposed assessments, they
shall be deemed to have waived all
objections thereto.
Said improvements shall be con-
structed and done in accordance
with the plans and specifications
which have been prepared there-
fore by the City Engineer which
have been approved by ihe City I
Council and are now on file with
the City Clerk. That the cost and
expense of making said improve-
ment will be paid for from sewer
funds.
The above resolution was intro-
duced, approved and ordered plac-
ed on file with the City Clerk
this 26th day of February, 1968.
RECORD OF FINAL ADOPTION
The foregoing resolution was
finally passed and adopted, as
proposed, by the City Council this
1st day of April 1968.
Sylvester McCauley
Mayor
Walter A. Pregler
Merlin F. Schultz
Donald R. Meyers
Gaylord M. Couchman
Attest:
Leo F. Frommelt,
City Clerk
Councilman Pregler moved final
adoption of the resolution. Second-
ed by Mayor McCauley. Carried
by the following vote:
Yeas-Mayor McCauley, Council-
men Couchman, Meyers, Pregler,
Schultz.
Nays-None.
Decision of Council upon objec-
tions to plans, spBcifications, form
of contnct and cost of improve-
ments.
RESOLUTION NO. 148-68
WHEREAS, proposed plans and
specifications and form of contract
for the Construction of the Fifth
Street Storm Sewer 1968 from the
W.P.L. of White Street to the
W.P.L. of Locust Street have been
approved by the City Council of
the City of Dubuque and public
notice given as provided by Chap-
ter 23 of the Code of Iowa, 1966,
pertaining to public contracts and
bonds, and the time and place
fixed for the hearing of all objec-
tions to said plans, specifications
or contract for or cost of such
improvements, said time being this
1st day of April, 1968; and
WHEREAS, the City Council met
in regular session this 1st day of
April, 1968, at 7:30 o'clock P.M.
at the Council Chambers in the
City Hall for the purpose of hear-
ing all interested parties and con-
sidering any and all objections
which have been filed to the pro-
posed plans, specifications or con-
tract for or cost of the improve-
ment herein described and pro-
posed to be made; and
WHEREAS, all interested parties
have been given an opportunity to
be heard and all objections which
have been duly weighed and con-
sidered; now, therefore
BE IT RESOLVED by the City
Council of the City of Dubuque,
that all objections which have
been made and filed to the plans,
specifications, contract for or cost
of said improvement herein de-
scribed and proposed to be made,
be and the same hereby overruled
and such plans, specifications and
form of contract heretofore ap-
proved are hereby adopted.
BE IT FURTHER RESOLVED
that this resolution containing the
decision of this Council upon all
objections which have been filed
to the plans, specifications and
form of cost said improvement be
made a matter of permanent record
in connection with said improve-
ment.
Passed, adopted and approved
this 1st day of April, 1968.
Sylvester McCauley
Mayor
Walter A. Pregler
Merlin F. Schultz
Donald R. Meyers
Gaylord M. Couchman
Councilmen
Attest:
rÆo F. Frommelt,
City Clerk
Councilman Pregler moved adop-
tion of the resolution. Seconded
Regular Session, April 1, 1968
by Councilman Meyers. Carried by Yeas-Mayor McCauley, Council-
the following vote: men Couchmen, Meyers, Pregler,
Yeas-Mayor McCauley, Council. Schultz.
men Couchman, Meyers, Pregler, Nays-None.
Schultz. Proof of Publication, certified
Nays-None. to by the Publisher, of Notice of
Pendency of Resolution of Neces-
sity for Public improvements and
Hearing upon proposed plans and
specifications, form of contract
and cost of improvements for con-
struction of CITY OF DUBUQUE
1968 CONCRETE PAVING WITH
INTEGRAL CURB PROJECT NO.
2, IOWA STREET FROM THE
NORTH PROPERTY LINE OF
THffiD STREET TO THE SOUTH
PROPERTY LINE OF TENTH
STREET, presented and read.
No written objections we r e
filed and no oral objectors were
present in the Council Chamber
at the time set for the public
h ear i n g. Councilman Pregler
moved that the proof of publica-
tion be received and filed. Second-
ed by Councilman Couchman. Car-
ried by the following vote:
Yeas-Mayor McCauley, Council-
men Couchman, Meyers, Pregler,
Schultz.
Nays-None.
(Necessity for Improvement)
RESOLUTION NO. 111-68
WHEREAS, proposed p I a n s,
specifications and form of con-
tract have been duly prepared
and approved by the City Council
of the City of Dubuque, Iowa, are
now on file in the office of the
City Clerk showing among other
things the following:
(1.) The plan of such improve-
ment.
(2.) An estimate of the cost of
the improvement.
FOR THE CONSTRUCTION OF
the City of Dubuque 1968 Concrete
Paving with Integral Curb Project
No.2-Iowa Street from the North
Property Line of Third Street to
the South Property Line of Tenth
Street.
BE IT THEREFORE RESOLVED
that the City Council on its own
motion, deems it advisable and
necessary for the public welfare
to make the herein mentioned
improvement and unless property
owners at the time of the final
consideration of this proposed res-
olution have on file with the City
Clerk, objections to the amount
of the cost of the improvement,
(Ordering Construction)
RESOLUTION NO. 149-68
BE IT RESOLVED BY THE CITY
COUNCIL OF THE CITY OF DU-
BUQUE that pursuant to a resolu-
tion of necessity No. 85.68 which
was duly passed by this Council,
for the construction of the Fifth
Street Storm Sewer 1968 from the
W.P.L. of White Street to the
W.P.L. of Locust Street be and the
same are hereby ordered and con-
structed by this Council upon its
own motion and with or without
the petition of property owners.
All the work shall be constructed
in accordance with the plans and
specifications heretofore adopted
and now on file in the office of
the City Clerk.
BE IT FURTHER RESOLVED
that the cost of such improvement
shall be paid for from the Sanita-
tion Fund.
BE IT FURTHER RESOLVED
that the City Clerk be and he is
hereby ordered and directed to
advertise for proposals for the
construction of the various im-
provements herein provided for in
the manner provided by law, the
said improvements shall be com-
pleted on or before 60 days after
notice to proceed has been issued.
BE IT FURTHER RESOLVED
that this resolution being deemed
urgent and of immediate necessity
shall be in force and effect from
and after its passage and adoption
by the City Council.
Passed, adopted and approved
this 1st day of April, 1968.
Sylvester McCauley
Mayor
Walter A. Pregler
Merlin F. Schultz
Donald R. Meyers
Gaylord M. Couchman
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Meyers moved adop-
tion of the resolution. Seconded by
~~~~\\~~rniov~~~~an. Carried by I
181
182
Regular Session, April 1, 1968
they shall be deemed to have I
waived all objections thereto.
Said improvement shall be con-
structed and done in accordance
with the plans and specifications
which have been approved by the
City Council and are now on file
with the City Clerk. That the cost
and expense of making said im-
provement will be paid from the
135-K Road Use Tax Fnnd.
The above resolution was in-
troduced, approved and ordered
placed on file with the City Clerk
this 4th day of March, 1968.
RECORD OF FINAL ADOPTION.
The foregoing resolution was
finally passed and adopted, as
proposed, by the City Council this
1st day of April 1968.
Sylvester McCauley
Mayor
Walter A. Pregler
Merlin F. Schultz
Donald R. Meyers
Gaylord M. Couchman
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Meyers moved final
adoption of the Resolution. Sec-
onded by Councilman Schultz. Car-
ried by the following vote:
Yeas-Mayor McCauley, Council-
men Couchman, Meyers, Pregler,
Schultz.
Nays-None.
Decision of Council upon
objections to plans, specifications,
form of contract and cost
of improvements
RESOLUTION NO. 15G-68
WHEREAS, proposed P I a n s,
and specifications and form of
contract for the CITY OF DU-
BUQUE-1968- Concrete Paving
with Integral Curb Project No.2
IOWA STREET-from the north
property line of Third Street to
the south property line of Tenth
Street have been approved by the
City Council of the City of Du-
buque and public notice given as
provided by Chapter 28 of the
Code of Iowa, 1966, pertaining to
public contracts and bonds, and
the time and place fixed for the
hearing of all objections to said
plans, specifications or contract
for or cost of such improvements,
said time being this 1st day of
April, 1968; and
WHEREAS, the City Council
met in regular session this 1st
day of April, 1968, at 7:30 o'clock
P.M. at the Council Chambers in
the City Hall for the purpose of
hearing all interested parties and
considering any and all objections
which have been filed to the pro-
posed plans, specifications or con.
tract for or cost of the improve-
ment herein described and pro-
posed to be made; and
WHEREAS, all interested par-
ties have been given an opportuni-
ty to be heard and all objections
which have been duly weighed
and considered; now, therefore
BE IT RESOLVED by the City
Council of the City of Dubuque,
that all objections which have
been made and filed to the plans,
specifications, contract for or cost
of said improvement herein de-
scribed and proposed to be made,
be and the same hereby overruled
and such plans, specification, and
form of contract heretofore ap-
proved are hereby adopted.
BE IT FURTHER RESOLVED
that this resolution containing the
decision of this Council upon all
objections which have been filed
to the plans, specifications and
form of cost said improvement be
made a matter of permanent rec-
ord in connection with said im-
provement.
Passed, adopted and approved
this 1st day of April, 1968.
Sylvester McCauley
Mayor
Walter A. Pregler
Merlin F. Schultz
Donald R. Meyers
Gaylord M. Couchman
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Pregler moved adop-
tion of the resolution. Seconded
by Councilman Schultz. Carried by
the following vote:
Yeas-Mayor McCauley, Council-
men Couchman, Meyers, Pregler,
Schultz.
Nays-None.
(Ordering Construction)
RESOLUTION NO. 151.68
BE IT RESOLVED BY THE
CITY OF DUBUQUE that pursu-
ant to a resolution of necessity
No. 111.68 which was duly passed
Regular Session, April 1, 1968
183
by this Council, for the construc-
tion of City of Dubuque 1968 Con-
crete Paving with integral curb
Project No. 2--lowa Street from
the north property line of Third
Street to the South property line
of Tenth Street be and the same
are hereby ordered and construc.
ed by this Council upon its own
motion and with or without tbe
petition of property owners. All
the work shall be constructed in
accordance with the plans and
spceifications heretofore adopted
and now on file in the office of
the City Clerk.
BE IT FURTHER RESOLVED
that the cost and expense of the
said improvements be paid from
the Road Use Tax Fund.
BE IT FURTHER RESOLVED
that the City Clerk be and he is
hereby ordered and directed to
advertise for proposals for the
construction of the various im-
provemenis herein provided for in
the manner provided by law, the
said improvements shall be com.
pleted on or before 90 days alter
notice to proceed has been issued.
BE IT FURTHER RESOLVED
thai this resolution being deemed
urgent and of immediate necessity
shall be in force and effect from
and alter its passage and adop-
tion by the City Council.
Passed, adopted and approved
this 1st day April, 1968.
Sylvester McCauley
Mayor
Walter A. Pregler
Merlin F. Schultz
Donald R. Meyers
Gaylord M. Couchman
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Meyers moved adop-
tion of the resolution. Seconded
by Councilman Couchman. Carried
by the following vote:
Yeas-Mayor McCauley, Council.
men Couchman, Meyers, Pregler,
Schultz.
Nays-None.
Proof of Publication, certified
to by the Publisher, of Notice of
Pendency of Resolution of Neces-
sity for public improvements and
hearing upon proposed plans and
specifications, form of contract
and cost of improvements, for
construction of the MT. CARMEL
FEEDER MAIN PROJECT, pre-
sented and read.
No written objections were filed
and no objectors were present in
the Council Chamber at the time
set for the public hearing. Coun-
cilman Pregler moved that the
proof of publication be received
and filed. Seconded by Council-
man Couchman. Carried by the
following vote:
Yeas-Mayor McCauley, Council-
men Couchman, Meyers, Pregler,
Schultz.
Nays-None.
(Necessity for Improvement)
RESOLUTION NO. 99-68
WHEREAS, proposed p I a n s,
specifications, and form of con-
tract have been duly prepared
and approved by the City Council
of the City of Dubuque, Iowa, and
are now on file in the office of
the City Clerk showing among
other things the following:
(1.) The plan of such improve.
ment.
(2.) An estimate of the cost of
the improvement.
FOR THE CONSTRUCTION OF
the Mt. Carmel Feeder Main Proj.
ect.
BE IT THEREFORE RESOLVED
that the City Council on its own
motion, deems it advisable and
necessary for the public welfare
to make the herein mentioned
improvement, and unless property
owners at the time of the final
consideration of this proposed res-
olution have on file with the City
Clerk, objections to the amount
of the cost of the improvement,
they shall be deemed to have
waived all objections thereto.
Said improvement shall be con-
structed and done in accordance
with the plans and specifications
which have been approved by the
City Council and are now on file
with the City Clerk. That the cost
and expense of making said im-
provement will be paid from the
Water Works General Fund.
The above resolution was in-
troduced, approved and ordered
placed on file with the City Clerk
this 4th day of March, 1968.
Approved and placed on file
for final action.
RECORD OF FINAL ADOPTION.
The foregoing resolution was
finally passed and adopted, as
Regular Session, April 1, 1968
185
Regular Session, April 1, 1968
and approved by the City Council
of the City of Dubuque, Iowa, and
are now on file in the office of
the City Clerk showing among
other things the following:
(1.) The plan of such improve-
ment.
(2.) An estimate of the cost of
the improvement.
FOR THE CONSTRUCTION OF
the Mt. Carmel and Stafford Street
Water Pumping Stations.
BE IT THEREFORE RESOLVED
that the City Council on its own
motion, deems it advisable and
necessary for the public welfare
to make the herein mentioned
improvement, and unless property
owners at the time of the final
consideration of this proposed res-
olution have on file with the City
Clerk objections to the amount of
the cost of the improvement, they
shall be deemed to have waived
all objections thereto.
Said improvement shall be con-
structed and done in accordance
with the plans and specifications
which have been approved by the
City Council and are now on file
with the City Clerk. That the cost
and expense of making said im-
provement wiIl be paid from the
Water Works General Fund.
The above resolution was in-
troduced, approved and ordered
placed on file with the City Clerk
this 4th day of March, 1968.
Approved and placed on file for
final action.
RECORD OF FINAL ADOPTION.
The foregoing resolution was
finally passed and adopted, as
proposed, by the City Council this
1st day of April 1966.
Sylvester McCauley
Mayor
Walter A. Pregler
Merlin F. Schultz
Donald R. Meyers
Gaylord M. Couchman
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Couchman moved
final adoption of the resolution.
Seconded by Councilman Meyers.
Carried by the following vote:
Yeas-Mayor McCauley, Council-
men Couchman, Meyers, Pregler,
Schultz.
Nays-None.
184
proposed, by the City Council this
1st day of April 1968.
Sylvester McCauley
Mayor
Walter A. Pregler
Merlin F. Schultz
Donald R. Meyers
Gaylord M. Couchman
Councilmen
Proof of Publication, certified
to by the Publisher, of notice to
contractors of the receipt of pro-
posals for the construction of Mt.
Carmel and Stafford Street Pump.
ing Stations, presented and read.
Councilman Meyers moved that
the proof of publication be re-
ceived and filed. Seconded by
Mayor McCauley. Carried by the
following vote:
Yeas-Mayor McCauley, Council-
men Couchman, Meyers, Pregler,
Schultz.
Nays-None.
Proof of Publication, certified
to by the Pubisher, of notice of
public hearing to dispose of Lot
33 Bellevue Addition to Mr. &
Mrs. Raymond Foote, presented
and read.
No written objections were filed
and no oral objectors were pres.
ent in the Council Chamber at
the time set for the public hear-
ing. Councilman Pregler moved
that the proof of publication be
received and filed. Seconded by
Councilman Meyers. Carried by
the following vote:
Yeas-Mayor McCauley, Council-
men Couchman, Meyers, Pregler,
Schultz.
Nays-None.
to Raymond L. Foote and Donna
Foote.
NOW THEREFORE BE IT RE-
SOLVED BY THE CITY COUNCIL
OF CITY OF DUBUQUE, IOWA:
Section I. That the conveyance
of Lot 33 in Bellevue Addition in
the City of Dubuque, Iowa, to
Raymond L. Foote and Donna
Foote for the sum of $100.00 plus
costs of publication be and the
same is hereby approved and that
no abstract of title be furnished
the buyers.
Section 2. That the deed of con-
veyance conveying the above de-
scribed real estate to Raymond
L. Foote and Donna Foote, be and
the same is hereby approved and
the Mayor and City Clerk be and
they are hereby authorized and
directed to execute said deed for
and on behalf of City of Dubuque,
Iowa, and the Clerk is herewith
authorized and directed to deliver
said deed to Raymond L. Foote
and Donna Foote upon receipt of
the purchase price of $100.00 and
receipt of cost of publication.
Section 3. That the City Clerk
be and he is hereby authorized
and directed to record a certified
copy of this Resolution in the
office of the Dubuque County Re-
corder.
Passed, adopted and approved
this 1st day of April, 1968.
Sylvester McCauley
Mayor
Walter A. Pregler
Merlin F. Schultz
Donald R. Meyers
Gaylord M. Couchman
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Mayor McCauley moved final
adoption of the resolution. Sec-
onded by Councilman Schultz. Car-
ried by the following vote:
Yeas-Mayor McCauley, Council-
men Couchman, Meyers, Pregler,
Schultz.
Nays-None.
Proof of publication, certified
to by the publisher, of Notice to
Contractors of the Receipt of Pro-
posals for the construction of Mt.
Carmel Feeder Main, presented
and read.
Councilman Meyers moved that
the proof of publication be re- I
ceived and filed. Seconded by
Councilman Couchman. Carried by
the following vote:
Yeas-Mayor McCauley, Council-
men Couchman, Meyers, Pregler,
Schultz.
Nays-None.
Proof of publication, certified
to by the Publisher, of Notice of
Pendency of Resolution of Neces.
sity for public improvements and
hearing upon proposed plans and
specifications, form of contract
and cost of improvements for con.
struction of the MT. CARMEL
AND STAFFORD STREET WA-
TER PUMPING STATIONS, pre-
sented and read.
No written objections were filed
and no oral objectors were pres-
ent in the Council Chamber at
the time set for the public hear-
ing. Councilman Pregler moved
that the proof of publication be
received and filed. Seconded by
Councilman Meyers. Carried by
the following vote:
Yeas-Mayor McCauley, Council-
men Couchman, Meyers, Pregler,
Schultz.
Nays-None.
(Necessity for Improvement)
RESOLUTION NO. 103-68
WHEREAS, proposed P I a n s,
specifications, and form of con-
tract have been duly prepared
RESOLUTION NO. 152-68
WHEREAS, pursuant to resolu-
tion and published notice of time
and place of hearing, published
in the Telegraph-Herald, a news-
paper of general circulation pub-
lished in the City of Dubuque,
Iowa, on March 1, 1968 and on
March 8, 1968, City Council of
Dubuque, Iowa, met on the 1st
day of April, 1968, at 7:30 o'clock
P.M. (Central Standard Time), in
the City Council Chamber in the
City Hall, Dubuque, Iowa, to con-
sider the proposal to dispose of
interest in certain real estate at
which hearing all interested per-
sons were afforded an opportunity
to be heard for or against such
proposal and which real estate is
described as follows, to.wit:
Lot 23 in Bellevue Addition
in the City of Dubuque, Iowa;
and
WHEREAS, City Council of Du-
buque, Iowa, overruled any and
all objections, oral or written, to
the proposal to dispose of interest
of City of Dubuque, Iowa, in and
to the above described real estate
Attest:
Leo F. Frommelt
City Clerk
Councilman Pregler moved adop-
tion of the resolution. Seconded
by Councilman Meyers. Carried by
the following vote:
Yeas-Mayor McCauley, Council-
men Couchman, Meyers, Pregler,
Schultz.
Nays-None.
\
ORDINANCE NO. 12-68
An Ordinance vacating the al-
ley which is sixty feet In
width lying north of Arling-
ton Street and lying easterly
of Lot I of the subdivision of
Lot 809 in McDaniel's Subdi.
vision of town lots in the City
of Dubuque, Iowa, which allay
~-
Regular Session, April 1, 1968
187
Regular Session, April 1, 1968
186
No written objections were filed
and no oral objectors were pres-
ent in the Council Chamber at
the time set for the public hear-
ing. Councilman Couchman moved
that the proof of publication be
received and filed. Seconded by
Mayor McCauley. Carried by the
following vote:
Yeas-Mayor McCauley, Council-
men Couchman, Meyers, Pregler,
Schultz.
Nays-None.
Lots in the City of Dubuque, Iowa,
which alley shall be hereafter
platted and known as Lot 769B
in McDaniel's Subdivision of Town
Lots in the City of Dubuque, Iowa,
to Leo J. Kringle for the sum of
$100.00 plus costs of publication
be and the same is hereby ap.
proved and that no abstract of
title be furnished the buyer.
Section 2. That the deed of con-
veyance conveying the above de-
scribed real estate to Leo J. Krin.
gle be and the same is hereby
approved and the Mayor and City
Clerk be and they are hereby au-
thorized and directed to execute
said deed for and on behalf of
City of Dubuque, Iowa, and the
Clerk is herewith authorized and
directed to deliver said deed to
Leo J. Kringle upon receipt of
the purchase price of $100.00 and
receipt of cosi of publication.
Section 3. That the City Clerk
be and he is hereby authorized
and directed to record a certified
copy of this Resolution in the
office of the Dubuque County Re-
corder.
Passed, adopted and approved
this 1st day of April, 1968.
Sylvester McCauley
Mayor
Walter A. Pregler
Merlin F. Schultz
Donald R. Meyers
Gaylord M. Couchman
Councilmen
Iowa, to Leo J. Kringle, presented
and read.
No written objections were filed
and no oral objeciors were pres-
ent in the Council Chamber at the
time set for the public hearing.
Councilman Couchman moved that
the proof of publication be re-
ceived and filed. Seconded by
Councilman Pregler. Carried by
ihe following vote:
Yeas-Mayor McCauley, Council-
men Couchman, Meyers, Pregler,
Schultz.
Nays-None.
RESOLUTION NO. 153-68
WHEREAS, pursuant to resolu-
tion and published notice of time
and place of hearing, published
in the Telegraph.Herald, a news-
paper of general circulation pub-
lished in the City of Dubuque,
Iowa, on March 1, 1968 and on
March 8, 1968, City Council of
Dubuque, Iowa, met on the 1st
day of April, 1968, at 7:30 o'clock
P.M. (Central Standard Time), in
the City Council Chamber in the
City Hall, Dubuque, Iowa, to con.
sider the proposal to dispose of
interest in certain real estate at
which hearing all interested per-
sons were afforded an opportunity
io be heard for or against such
proposal and which real estate is
described as follows, to-wit:
An alley which is sixty feet
in width lying north of Ar-
lington Street and lying east-
erly of Lot 1 of the Subdivi-
sion of Lot 809 in McDaniel's
Subdivision of Town Lots in
the City of Dubuqne, Iowa,
which alley shall be herealter
platted and known as Lot
769B in McDaniel's Subdivision
of Town Lots in the City of
Dubuque, Iowa; and
WHEREAS, City Council of Du-
buque, Iowa, overruled any and
all objections, oral or written, to
the proposal to dispose of inter-
est of City of Dubuque, Iowa, in
and to the above described real
estate to Leo J. Kringle.
NOW THEREFORE BE IT RE-
SOLVED BY THE CITY COUNCIL
OF CITY OF DUBUQUE, IOWA:
Section I. That the conveyance
of an alley which is 60 feet in
width lying north of Arlington
Street and lying easterly of Lot
1 of the Subdivision of Lot 809
in McDaniel's Subdivision of Town
shall hereafter be platted and
known as Lot 769B in Mc-
Daniel's Subdivision of town
lots in the City of Dubuque,
Iowa,
said Ordinance having been pre-
vWusly presented and read at the
Council meeting of February 26,
1968, presented for final adoption.
RESOLUTION NO. 154-68
WHEREAS, pursuant to resolu-
tion and published notice of time
and place of hearing, published
in the Telegraph.Herald, a news-
paper of general circulation pub-
lished in ihe City of Dubuque,
Iowa, on March 1, 1968 and on
March 8, 1968, City Council of
Dubuque, Iowa, met on the 1st
day of April, 1968, at 7:30 o'clock
P.M. (Ceniral Standard Time), in
the City Council Chamber in the
City Hall, Dubuque, Iowa, to con-
sider the proposal to dispose of
interest in certain real estate at
which hearin~ all interested per-
sons were afforded an opportuni-
ty to be heard for or against such
proposal and which real estate is
described as follows, to-wit:
A portion of Valeria Street
known and described as Lot
2 of Lot 2 of Lot 3 of Lot
145 in L. H. Langworthy's
Addition, to Dubuque, Iowa,
and that portion of Valeria
Street not used for street pur-
poses, which is a portion of
Lot 1 of the Subdivision of
Lot 1 of Lot 2 of Lot 1 of
Lot 147 in L. H. Langworthy's
Addition in the City of Du-
buque, Iowa, lying northerly
of the street line shown on
the subdivision plat dated Au-
gust 7, 1967;
and
WHEREAS, City Council of Du-
buque, Iowa, overruled any and
all objections, oral or written, to
the proposal to vacation of the
interest of the City of Dubuque,
Iowa, in the above described real
estate to CHARLES DAVIS and
DORIS DAVIS.
NOW THEREFORE BE IT RE-
SOLVED BY THE CITY COUNCIL
OF CITY OF DUBUQUE, IOWA:
Section I. That the disposal of
the interest of City of Dubuque,
Attest:
Leo F. Frommelt
City Clerk
Councilman Couchman moved
adoption of the resolution. Sec-
onded by Councilman Meyers. Car-
ried by the following vote:
Yeas-Mayor McCauley, Council-
men Couchman, Meyers, Pregler,
Schultz.
Nays-None.
Proof of Publication, certified
to by the Publisher, of notice of
public hearing to dispose of in-
terest in a portion of Valeria
Street known and described as
Lot 2 of 2 of 3 of Lot 145 in
L. H. Langworthy's Addn., and
that portion of Valeria Street not
used for street purposes, which is
a portion of Lot I of the Sub.
division of Lot 1 of 2 of 1 of Lot
147 L. H. Langworthy Addition,
to Charles & Doris Davis, pre-
sented and read.
AII"I'
Loo F. Frommell
C'tv Clerk
Publl,hod offlciollY ;0 The Telem,h-
Hmld New"..er fhl, ,th doY of A"II,
1968.
Leo F. Frommelt
Cltv Cle,'
It. '"
Councilman Meyers moved final
adoption of the Ordinance. Sec-
onded by Councilman Couchman.
Carried by the following vote:
Yeas-Mayor McCauley, Council-
men Couchman, Meyers, Pregler,
Schultz.
Nays-None.
Proof of publication, certified
to by the publisher, of notice of
public hearing to dispose of in-
terest in an alley sixty feet in
width lying north of Arlington
Street and lying easterly of Lot
1 of the Subdivision of Lot 809
McDaniel's Subdivision of Town
Lots, which alley is now platted
as Lot 769B in McDaniel's Sub-
division in the City of Dubuque,
-þ"",
188 Regular Session, April 1, 1968
Iowa, in and to the following RESOLUTION NO. 155-68
described real estate: AUTHORIZING THE
CONDEMNATION OF
A portion of Valeria Street CERTAIN PARCELS OF
known and described as Lot REAL ESTATE IN THE
2 of Lot 2 of Lot 3 of Lot DOWNTOWN URBAN RENEWAL
145 in L. H. Langworthy's PROJECT IOWA R-15
Addition, to Dubuque, Iowa, WHEREAS ~nder date of July
and that portion of Valeria 26, 1967, the' City of Dubuque and
Street not used for street pur- the United States of America en-
poses, which is a portion of tered into a Loan and Capital
Lot I of the Subdivision of Grant Contract for the undertak-
Lot 1 of Lot 2 of Lot 1 of ing of the Downtown Urban Re-
Lot 147 in L. H. Langworthy's newal Project Iowa R-15' and
Addition in the City of Du- WHEREAS 'the City of 'Dubuque
buque, Iowa, lying northerly pursuant to ~uch contract and to
of the s.tr~~t line shown on implement the Urban Renewal
the subdIvIsIOn plat dated Au- Plan for the Project Area deems
gust 7, 1967 it necessary and in the public
be and the same is hereby ap- interest that .the property ~ere-
proved and the said Charles Davis matter described be acqulI'ed;
and Doris Davis shall pay costs of and
publication. WHEREAS, all attempts by the
Department of Urban Renewal of
Section 2. That the Mayor and the City of Dubuque to negotiate
City Clerk are hereby authorized with the owners for the purchase
and directed to execute Quit Claim of the following described prop-
Deed of City of Dubuque, Iowa, erty have failed: now therefore
conveying to Charles Davis and BE IT RESOLVED BY THE
Doris Davis all of its right, title COUNCIL OF THE CITY OF DU-
and interest in and to the above BUQUE, IOWA
described real estate. This resolu- Section I. That the following
tion and conveyance is for the described real estate owned by
purpose of correcting misdescrip. the persons to indicated be and
tion in previous resolution and the same should be acquired to
previous deed. implement the Urban Renewal
Plan for the Downtown Urban Re-
Section 3. .That the City C!erk newal Project, Iowa R-15.
be and he IS hereby authorIZed
and directed to record a certified
copy of this Resolution in the
office of the Dubuque County Re-
corder.
Passed, adopted and approved
this 1st day of April, 1968.
Sylvester McCauley
Mayor
Walter A. Pregler
Merlin F. Schultz
Donald R. Meyers
Gaylord M. Couchman
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Meyers moved adop-
tion of the resolution. Seconded
by Councilman Pregler. Carried by
the following vote:
Yeas-Mayor McCauley, Council.
men Couchman, Meyers, Pregler,
Schultz.
Nays-None.
OWNER
Burritt S. Lacy
Jane Milson Lyons aka Jane A.
Milson and Mary B. Chalmers,
Trustees
William K. Stevens
Mary B. Chalmers
William B. Witmer
Edgar B. Witmer
Kate W. Bradley
William Bradley LEwis
Elizabeth Lewis Noble
Margaret LEwis Madsen
Goeffrey C. Bain, Trustee
PROPERTY DESCRIPTION
Lot 146 and the Southerly 11.2'
of Lot 147, in the City of Dubuque,
Iowa, according to the United
States Commissioners' M3p of the
Town of Dubuque, Iowa. (parcel
3-5)
OWNER
Alina R. Dovi
PROPERTY DESCRIPTION
The Southerly 21 feet of Lot 17
in the City of Dubuque, Iowa, ac-
Regular Session, April 1, 1968
189
cording to the United States Com-
missioners' Map thereof (Parcel
11-8)
OWNER
Dominican Fathers, Province of
SI. Albert the Great
Claude B. Norton
Jane F. Norton Sanders
Mary Leone Espejo
Ann J. Dillon
Margaret Norton
Gertrude Norton
Patricia Deluhery
Aimee Dorney
Charles Norton
Estelle (Lassie) Behrens
James L. Norton
Betty A. Norton Scbmalenberg
PROPERTY DESCRIPTION
Lot 238 in the City of Dubuque,
Iowa, according to the United
States Commissioners' Map of the
Town (now City) of Dubuque,
Iowa. (Parcel 13.1)
í
f
OWNER
Mrs. Irene Keller
Florence Murphy
Mary Murphy
John F. Murphy, Jr.
PROPERTY DESCRIPTION
The Northerly (sometimes called
North) Onehalf of Lot 237 (some-
times called In Lot 237) in the
City of Dubuque, Iowa according
to the United States Commission-
ers' Map of the Town (now City)
of Dubuque, Iowa. (Parcel 13.6)
Section 2. That the Director of
the Department of Urban Renewal
for the City of Dubuque, Iowa, he
and he is hereby directed to cause
condemnation proceedings be in-
stituted as is provided by law to
acquire said real estate herein-
before described, and the said
Director of the Department of
Urban Renewal is hereby author-
ized to do any and all things nec.
essary and reqnisite to such con-
demnation proceedings.
Passed, approved and adopted
this 1st day of April, 1968.
Sylvester McCauley
Mayor
Walter A. Pregler
Donald R. Meyers
Gaylord M. Couchman
Councilmen
Attest:
LEo F. Frommelt
City Clerk
Mayor McCauley moved adop-
tion of the resolution. Seconded
by Councilman Meyers. Carried by
the following vote:
Yeas-Mayor McCauley, Council-
men Couchman, Meyers, Pregler.
Nays-Councilman Schultz.
RESOLUTION NO. 156-68
WHEREAS, Resolution No. 362-
67 was duly adopted at a session
of the City Council of the City of
Dubuque, Iowa, on the 6th day of
November 1967,
AND WHEREAS, it is now nec-
essary to amend the said Resolu-
tion to clarify certain omissions
therein so as to effectuate fully
the settlement agreement between
the City and the Aspermont Com-
pany, approved by the City Council
by Resolution No. 295.67 relating
to disposition of the fallowing de-
scribed real estate, to wit:
All of that unplatted area ly-
ing East of the Easterly lot
lines of part of Lot 3, part of
Lot 4, Lots 5, 6, 7, 8, 9, and 10
in Block 3, and Lots 1, 2, 3,
4, 5, 6, 7, 8, 9, and 10 in Block
4, of Dubuque Harbor Im-
provement Co.'s Addition to
the City of Dubuque, Iowa, ac-
cording to the recorded plat
thereof including the continu-
ation of said Easterly lot line
between Lot 10 of Block 3 and
Lot 1 of Block 4 traversing
Pine Street (Vacated), to the
Mississippi River, which un-
platted area extends from the
Southerly street line of East
Fourth Street Extension pro-
jected to the said river and
to the Northerly street line of
Wall Street projected to the
said river, along with all
riparian rights incident there-
to and recognized under the
law of the State of Iowa,
AND WHEREAS, pursuant to
Resolution No. 295.67 the reqnisite
notice of time and place of hear-
ing of intent to dispose of the
above described real estate to the
Aspermont Company and to vacate
a 150' wide levee, contained in the
said description, was duly pub-
lished in the Telegraph Herald on
October 4, 1967 and on October
11, 1967,
AND WHEREAS, the City Coun.
cil did meet on the 6th day of No-
vember 1967 at 7:30 P.M. (Central
Standard Time) in the Council
Chambers at City Hall pursuant to
the said notice to act thereon, and
" -
190
Regular Session, April 1, 1968
no objections being made thereto,
orally or in writing, did adopt Res-
olution No. 362.67.
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE,
IOWA:
Section I. That the 150' wide
strip, designated a levee, contBined
in the above described real estate
be and the same is hereby vacated.
Section 2. That the disposal of
the interest of the City of Du-
buque, Iowa in and to the above
described real estate, including the
said 150' wide strip lying within
said parcel, to the Aspermont
Company be and the same is here-
by approved, and the said Asper-
mont Company to pay the costs of
publication.
Section 3. That the Quit Claim
Deed executed by the Mayor and
City Clerk of the City of Dubuque,
Iowa, dated 6 November 1967, to
the above described real estate, in.
cluding the said 150' wide strip
of land contained therein, be and
the same is hereby confirmed and
approved in all respects, subject
to easements heretofore granted to
City.
Section 4- That the City Clerk
be and he is hereby authorized
and directed to record a certified
copy of this Resolution in the
office of the Dubuque County,
Iowa, Recorder and to file a COpy
hereof with the Dubuque City As.
sessor.
Passed, adopted and approved
this 1st day of April, A.D. 1968.
Sylvester McCauley
Mayor
Walter A. Pregler
Merlin F. Schultz
Donald R. Meyers
Gaylord M. Couchman
Councilmen
Attest:
Leo F. Frommelt,
City Clerk
CouncilmBn Meyers moved adop.
tion of the resolution. Seconded
by Councilman Pregler. Carried
by the following vote:
Yeao;-Mayor McCauley, Council-
meu Couchman, Meyers, Pregler,
Schultz.
Nays-None.
RESOLUTION NO. 157-68
BE IT RESOLVED by the City
Council of the City of Dubuque,
Iowa, that the following having
complied with the provisions of
law relating to the sale of Ciga-
rettes within the City of Dubuque,
Iowa, be granted a permit to sell
Cigarettes and Cigarette Papers
within said City.
Amvets Club Post #3, 36 West 4th
Street (Transfer from 429 Main
Street effective April 8, 1968).
Fred Vyverberg, 1828 Central Ave-
nue
BE IT FURTHER RESOLVED
that the bonds filed with the ap-
plication be approved.
Passed, adopted and approved
this 1st day of April, 1968.
Sylvester McCauley
Mayor
Walter A. Pregler
Merlin F. Schultz
Donald R. Meyers
Gaylord M. Couchman
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Mayor McCauley moved adop-
tion of the resolution. Seconded
by Councilman Couchman. Carried
by the following vote:
Yeas - Mayor McCauley, Coun-
cilmen Couchman, Meyers, Preg-
ler, Schultz.
Nays-None.
RESOLUTION NO. 158.68
WH ERE A S, applications for
Beer Permits have been submitted
to this Council for approval and
the same have been examined:
NOW THEREFORE,
BE IT RESOLVED by the City
Council of the City of Dubuque,
Iowa, that the following applica-
tions be granted and licenses is.
sued upon the compliance with
the terms of the ordinances of the
City.
CLASS "B" BEER PERMIT
PRIVATE CLUB
Amvets Club, Post #3, 36 West
4th Street (Effective April 8,
1968, moved from 429 Main
Street)
CLASS "B" BEER PERMIT
Florance Deutsch, 45 West 13th
Street
Maryel M. Birkett, 1064 University
Avenue
Aristo Foods of Iowa, 1111 Dodge
Street
Donald M. Love, 250 West 6th
Street
Regular Session, April 1, 1968
191
Josephine Burke, 531 Main Street
Carl N. Brant, 2600 Central Ave.
nue
Merlyn L. Weber, 1902 Central
Avenue
Fred E. Vyverberg, 1828 Central
Avenue
Dubuque Baseball, Inc., East 4th
Street Ext.
CLASS "C" BEER PERMIT
Wm. J. B. White, 1993 Asbury
Earl Schmacher, 2204 Central Ave.
nue
Catherine E. McEvoy, 775 East 6th
Street
Earl J. McNamara, 1046 University
Avenue
Passed, adopted and approved
this 1st day of April, 1968.
Sylvester McCauley
Mayor
Walter A. Pregler
Merlin F. Schultz
Donald R. Meyers
Gaylord M. Couchman
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Pregler moved adop-
tion of the resolution. Seconded
by Councilman Meyers. Carried by
the following vote:
Yeas - Mayor McCauley, Coun-
cilmen Couchman, Meyers, Preg-
ler, Schultz.
Nays-None.
RESOLUTION NO. 159-68
WHEREAS, applications for Beer
Permits were filed by the within
named applicants and they have
received the approval of this
Council, and
WHEREAS, the premises to be
occupied by such applicants were
inspected and found to comply
with the ordinances of this City
and they have filed proper bonds:
NOW THEREFORE, BE IT RE-
SOLVED by the City Council of
the City of Dubuque, Iowa, that
the Manager be and he is hereby
directed to issue to the following
named applicants a Beer Permit.
CLASS "B" BEER PERMIT
PRIVATE CLUB
Amvets Post #3, 36 West 4th
Street (Effective April 8, 1968
moved from 429 Main Street)
CLASS "B" BEER PERMIT
Florance Deutsch, 45 West 13th
Street
Maryel M. Birkett, 1064 University
Avenue
Aristo Foods of Iowa, 1111
Dodge Street
Donald M. Love, 250 West 6th
Street
Josephine Burke, 531 Main Street
Carl N. Brant, 2600 Central Ave-
nue
Merlyn L. Weber, 1902 Central
Avenue
Fred E. Vyverberg, 1828 Central
Avenue
Dubuque Baseball, Inc., East 4th
Street Ext.
CLASS "C" BEER PERMIT
Wm. J. B. White, 1993 Asbury
Earl Schumacher, 2204 Central
Avenue
Catherine E. McEvoy, 775 East 6th
Street
Earl J. McNamara, 1046 University
Avenue
BE IT FURTHER RESOLVED
that the bonds filed by such appli-
canis be and the same are hereby
approved.
Passed, adopted and approved
this 1st day of April, 1968.
Sylvester McCauley
Mayor
Walter A. Pregler
Merlin F. Schultz
Donald R. Meyers
Gaylord M. Couchman
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Pregler moved adop-
tion of the resolution. Seconded by
Mayor McCauley. Carried by the
following vote:
Yeas - Mayor McCauley, Coun-
cilmen Couchman, Meyers, Preg.
ler, Schultz. .
Nays-None.
RESOLUTION NO. 160-68
WHEREAS, applications for Liq-
uor Permits have been submitted
to this Council for approval 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 tbe terms of
the IOWA LIQUOR CONTROL
ACT-CHAPTER 123-as amended
by the 60th General AssBmbly,
1963.
192
CLASS "C" COMMERCIAL
'ESTABLISHMENT
Amvets Club Post #3, 36 West 4th
Street (Transfer from 429 Main
Street effective April 8, 1968)
Fraternal Order of Eagles Aerie
#568, 6th & Locust Street
Passed, adopted and approved
this 1st day of April, 1968.
Sylvester McCauley
Mayor
Walter A. Pregler
Merlin F. Schultz
Donald R. Meyers
Gaylord M. Couchman
CouncIlmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Meyers moved adop-
tion of the resolution. Seconded by
Mayor McCauley. Carried by the
following vote:
Yeas - Mayor McCauley, Coun-
cilmen Couchman, Meyers, Preg-
ler, Schultz.
Nays-None.
RESOLUTION NO. 161-68
WHEREAS, applications for
Liquor Permits were filed by the
within named applicants and they
have received the approval of this
Council, and
WHEREAS, the premises to be I
occupied by such applicants were'
inspected and found to comply
with the State Law and all City
ordinances relevant thereto and
they have filed proper bonds;
NOW THEREFORE BE IT RE-
SOLVED by the City Council of
the City of Dubuque, Iowa, that
the Manager be authorized to
cause to be issued to the following
named applicants a Liquor Permit.
CLASS "C" COMMERCIAL
ESTABLISHMENT
Amvets Club Post #3, 36 West 4th
Street (Transfer from 429 Main
Street effective April 8, 1968)
Fraternal Order of Eagles Aerie
#568, 6th & Locust Street
Passed, adopted and approved
this 1st day of April, 1968.
Sylvester McCauley
Mayor
Walter A. Pregler
Merlin F. Schultz
Donald R. Meyers
Gaylord M. Couchman
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Special Session, April 10, 1968
CITY COUNCIL
Approved ................................1968.
OFFICIAL
Special Session, April 10, 1968.
Council met at 7:30 P.M. (C.S.T.)
Presant - Mayor McCauley,
Councilmen Counchman, Meyers,
Pregler, Schultz. City Manager GII.
bert D. Chavenelle.
Mayor McCauley read the call
and stated that service thereof had
been duly made and this meeting
is called for the purpose of sub-
mitting a canvass of the results of
the City of Dubuque, Iowa special
Election held on April 9, 1968,
granting Northern Natural Gas
Compeny a 25 year franchisa, and
acting upon such other business as
may properly come before a Regu-
lar meeting of the City Council.
Proof of Publication, certified to
by the Publisher, of Mayor's Proc-
lamation and Notice of Special
Election on the proposition of
granting to Northern Natural Gas
Company a 25 year Franchise, pre.
sented and read. CouncIlman
Meyers moved that the proof of
publication be received and filed.
Seconded by Councilman Pregler.
Carried by the following vote:
Yeas-Mayor McCauley, Council-
men Counchman, Meyers, Pregler,
Schultz.
Nays-None.
Proof of Publication, certified to
by the Publisher, of City of Du-
buque, Iowa Special Election April
9, 1968, Official Ballot granting
Northern Natural Gas Company a
25 year Franchise, presented and
read.
Councilman Pregler moved that
the proof of publication of Official
Ballot be received and filed. Sec-
onded by Councilman Schultz. Car-
ried by the following vote:
Yeas-Mayor McCauley, Council- 'I
men Couchman, Meyers, Pregler,
Schultz.
Nays-None.
Regular Session, April 1, 1968
Councilman Pregler moved adop-
tion of the resolution. Seconded by
Councilman Meyers. Carried by
the following vote:
Yeas - Mayor McCauley, Coun-
cilmen Couchman, Meyers, Preg-
ler, Schultz.
Nays-None.
There being no further business
Councilman Pregler moved to ad-
journ. Seconded by Councilman
Meyers. Carried by the following
vote:
Yeas - Mayor McCauley, Coun-
cilmen Couchman, Meyers, Preg-
ler, Schultz.
Nays-None.
Leo F. Frommelt
City Clerk
Adopted ..................................1968.
..................................................................................
.................................................................................
..................................................................................
...................................................................................
""""""""""""""""""""""'ëõüiïëiïïiiëñ"""'"
Attes: ....................................................
City Clerk
April 10, 1968
To the Members of the City Council
Gentlemen:
In accordance with the provi-
sions of Section 50.20 of the 1966
Code of Iowa, on April 10, 1968,
we made a public canvass of the
Northern Natural Gas Company
Franchise Special Election, held on
193
April 9, 1968 and herewith submit
the report of said canvass.
Defec.
Precinct Yes No tive Total
First .................... 627 5 3 635
Second ............".. 330 4 1 335
Third .................. 215 4 5 224
Fourth ................ 151 4 0 155
Fifth """"""""" 268 8 2 278
Sixth .................. 455 5 0 460
Seventh .............. 106 0 0 106
Eighth ................ 198 3 1 202
Ninth .................. 136 0 5 141
Tenth .................. 276 9 6 291
Eleventh ............ 445 11 2 458
Twelfth .............. 184 7 0 191
Thirteenth ........ 400 7 4 411
Fourteenth ........ 439 7 5 451
Fifteenth ............ 344 11 1 356
Sixteenth ............ 722 13 3 738
----
TOTALS ........5296 98 38 5432
Respectfully submitted,
Sylvester McCauley,
Mayor Leo F. Frommelt,
City Clerk
Councilman Pregler moved that
the canvass be received and made
a matter of record. Seconded by
Councilman Couchman. Carried by
the following vote:
Yeas - Mayor McCauley, Coun-
cilmen Couchman, Meyers, Pregler,
Schultz.
Nays-None.
RESOLUTION NO. 162-68
WHEREAS a special municipal
election was held on April 9, 1968,
in the City of Dubuque, Iowa, pur-
suant to Ordinance No. 17-68, fin-
ally passed by the City Council
on the 4th day of March 1968, at
which election the followin¡¡ ques-
tion or proposition was submitted
to the electors of the City of Du-
buque, as provided by the Statute
of Iowa, namely to-wit:
"Shall the following public
measure be adopted?
Shall the following public meas-
ure as set forth in Ordinance
No. 17-68 as enacted by the City
Council of the City of Dubuque,
on the 4th day of March, 1968,
granting unto Northern Natural
Gas Company, a corporation, (op-
erating as Peoples Natural Gas
Division), a non-exclusive author-
ity for a period of twenty-five
years to erect and maintain a
gas distribution system and any
and all necessary mains, pipes,
services and other appurtenances
thereunto pertaining in, upon,
'II
Ii
"¡
1:.1
over and across and along the
streets, alleys, bridges, public
places of the City of Dubuque,
for the transmission, distribution
and sale of natural and/or mixed
gas for lighting, heating, indus-
trial and all other uses and pur-
poses, and prescribing the terms
and conditions under which the
said company is to operate be
adopted?"
AND WHEREAS the votes cast at
such election were canvassed by
the Mayor and Clerk on April
10, 1968, and the result found
to be as follows:
Yes No Defective Total
5296 98 38 5432
AND WHEREAS it appears from
such canvass that a majority of
all the electors voting at said
special election voted in favor
of the above proposition.
NOW THEREFORE BE IT RE-
SOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE,
IOWA.
That in compliance with the
wishes of the people expressed at
the special election held on April
9, 1968, the above gas franchise
ordinance is approved and ratified,
and that Ordinance No. 17.68 be
published in the Telegraph Herald
Newspaper on April 15, 1968.
Passed, adopted and approved
on this 10th day of April, 1968.
Sylvester McCauley
Mayor
Walter A. Pregler
Merlin F. Schultz
Donald R. Meyers
Gaylord M. Couchman
Councilmen
Special Session, April 10, 1968
contained in Ordinance No. 17.68
which specifically applies to Peo-
ples being granted a gas distribu-
tion franchise in the City of Du-
buque. This, of course, was com-
pletely contingent upon a succesS"
ful public referendum which was
conducted April 9, and, therefore,
did successfully grani Peoples this
franchise.
Yours very truly,
PEOPLES NATURAL GAS
Ilichard E. Mayne
Area Manager
Councilman Meyers moved that
the acceptance be received and
made a matter of record. Second-
ed by Mayor McCauley. Carried
by the following vote:
Yeas - Mayor McCauley, Coun-
cilmen Couchman, Meyers, Pregler,
Schultz.
Nays-None.
Councilman Schultz moved that
the judges and Clerks employed
for servicing the Special Election
be paid as provided by law. Sec-
onded by Councilman Couchman.
Carried by the following vote:
Yeas - Mayor McCauley, Coun-
cilmen Couchman, Meyers, Preg-
ler, Schultz.
Nays-None.
There being no further business
Councilman Pregler moved to ad-
journ. Seconded by Councilman
Couchman. Carried by the follow-
ing vote:
Yeas - Mayor McCauley, Coun-
cilmen Couchman, Meyers, Preg-
ler, Schultz.
Nays-None.
Leo F. Frommelt
City Clerk
194
Attest:
Leo F. Frommelt
City Clerk
Councilman Meyers moved adop-
tion of the resolution. Seconded by
Mayor McCauley. carried by the
following vote:
Yeas - Mayor McCauley, Coun-
cilmen Couchman, Meyers, Preg-
ler, Schultz.
Nays-None.
April 10, 1968
The Honorable Sylvester McCauley
Mayor
City of Dubuque
Dubuque, Iowa
Dear Sir:
Peoples Natural Gas, a Division
of Northern Natural Gas, bereby
fO1'nUÙ1y accepts the conditions
Approved ..............................1968.
Adopted ..................................1968.
Councilmen
Attest: ..................................................
City Clerk
Special Session, April 15, 1968
195
CITY COUNCIL
OFFICIAL
Special Session, April 15, 1968.
Council met at 7:30 P.M. (C.S.T.)
Present-Mayor McCauley, Coun-
cilman Meyers, Pregler, Schultz.
City Manager Gilbert D. Chavenel-
Ie.
Absent - Councilman Couchman
(out of city).
Mayor McCauley read the call
and stated that service thereof
had been duly made and this
meeting is called for the purpose
of considering AWARDING OF
CONTRACTS FOR THE CON-
STRUCTION OF THE MT. CAR-
MEL FEEDER MAIN AND PUMP-
ING STATION, FIRE ENGINE,
AND CIVIL DEFENSE WARNING
SIREN, and acting upon such other
business as may properly come be.
fore a regular meeting of the City
Council.
Mayor McCauley introduced four
foreign exchange students from
Thailand.
Communication of Dubuque Tot
Lot Association recommending cer-
tain locations throughout the City
that could be used for tot.lot pur.
poses, presented and read. Council.
man Schultz moved that the com-
munication be referred to the
Council with instructions that the
tot-lot Assn. be called in to ex-
plain. Seconded by Councilman
Pregler. Carried by the following
vote:
Yeas - Mayor McCauley, Coun-
cilmen Meyers, Pregler, Schultz.
Nays - None.
Absent-Councilman Couchman. 'I
Communication of Merchants
Mutual Bonding Co. submitting cer-
tificate of Authority to operate a
Fidelity & Surety Insurance busi-
ness in the State of Iowa until
April 1, 1968, presented and read.
Mayor McCauley moved that the
certificate be received and filed.
Seconded by Councilman Schultz.
Carried by the following vote:
Yeas - Mayor McCauley, Coun-
cilmen Meyers, Pregler, Schultz.
Nays-None.
Abseni-Councilman Couchman.
April 11, 1968
To the Honorable Mayor and
Members of the City Council
Gentlemen:
I am submitting for your consid.
eration contract and agreement
covering the leasing of the conces-
sion stand and the Ball Park to
Dubuque Baseball Incorporated.
Respectfully,
Gilbert D. ChaveMlle,
City Manager
Councilman Meyers moved that
the agreement and lease be ap-
proved and submitted to Baseball
Inc. for proper signatures. Second-
ed by Councilman Schultz. Carried
by the following vote:
Yeas - Mayor McCauley, Coun-
cilmen Meyers, Pregler, Schultz.
Nays-None.
Absent-Councilman Couchman.
April 9, 1968
To the Honorable Mayor
and City Council
Gentlemen:
At your meeting of April 1st
you asked me to report about fenc-
ing Valley High Playground adja.
cent to Becker's Stone Quarry.
I wish to report that the Recrea-
tion Commission at their meeting
of April 8th arranged to install
six foot high chain link fence for
about 667 feet running along the
westerly boundary of the play field,
and for approximately 200 feet
along the southerly boundary
where the play field abuts a steep
drop.
It has been arranged to ask for
bids on the fencing immediately
and install the fencing as soon as
possible thereafter.
It has also been arranged that
the Recreation Director will con-
tact the abutting property owner
and make a mutual agreement for
the removal of the existing barbed
wire fence.
Respectfully,
Gilbert D. Chavenelle,
City Manager
Councilman Pregler moved that
the communication be received and
filed. Seconded by Councilman
Schultz. Carried by the following
vote:
Yeas - Mayor McCauley, Coun.
cilmen Meyers, Pregler, Schultz.
Nays-None.
Absent-Counclbuan CouchJ:nan.
!!
Special Session, April 15, 1968
April 12, 1968
Honorable Mayor and
City Council
Gentlemen:
In connection with the Down-
town Urban Renewal Preject, we
deemed it essential that Barton-
Aschman Associates provide tech-
nical assistance in Carrying out the
various public improvement pro-
grams. Accordingly, this matter
was discussed with Council at
one of the January Weekly Urban
Renewal Information Meetings.
Contacts for the following areas
of service have been prepared by
the City Engineer and Department
of Urban Renewal.
1. Preliminary design of a co-
ordinated system of traffic signals
to serve the downtown area.
2. Special treatments of street
areas in and immediately adjacent
the project area.
I respectfulIy request your ap-
proval to execute both contracts.
Sincerely yours,
Gilbert D. Chavenelle,
City Manager
Mayor McCauley moved approval
of the City Manager's request.
Seconded by Councilman Meyers.
Carried by the folIowing vote:
Yeas - Mayor McCauley, Coun-
cilman Meyers, Pregler.
Nays-Councilman Schultz.
Absent-Councilman Couchman.
April 10, 1968
To the Honorable Mayor
and City Council
Gentlemen:
I am returning to you the peti-
tion of Mr. Guier for a street light
in the 2600 block on West 32nd
Street.
The location has been investi-
gated and it is recommended that
175 watt mercury vigor vapor
lights be installed at or near 2830
and 2685 West 32nd.
Respectfully,
Gilbert D. ChavenelIe
City Manager
Councilman Pregler moved that
the recommendation of the City
Manager be approved. Seconded by
Councilman Meyers. Carried hy the
folIowing vote:
Yeas - Mayor McCauley, Coun.
cilmen Meyers, Pregler, Schultz.
Nays-None.
A bse n t -Co Un cilm anC 0 u chman.
196
April 3, 1966
To the Honorable Mayor
and City Council
Gentlemen:
A request has been received by
the staff for street lights on Sam.
uel Street. It is recommended
that two 175 watt mercury vapor
lights be installed between Lots
10 and 11 and between Lots 53
and 54.
Respectfully requested,
Gilbert D. ChavenelIe
City Manager
Councilman Meyers moved that
the recommendation of the City
Manager be approved. Seconded
by Councilman Pregler. Carried by
the folIowing vote:
Yeas - Mayor McCauley, Coun-
cilmen Meyers, Pregler, Schultz.
Nays-None.
Absent-Councilman Couchman.
April 15, 1968
To the Honorable Mayor and
City Council
Gentlemen:
This is to advise that I have
approved the folIowing bonds and
policies and desire to bave your
approval on same.
COMPREHENSIVE LIABILITY
John C. Jones, American States
Insurance Company
F. N. Smith Construction, Inc., Bi-
tuminous Casualty Corporation
SIDEWALK
Thomas Flynn Coal Co., Maryland
Casualty Company
Link Construction Co., D/B/A John
T. Link, United States Fidelity
& Guaranty Co.
RespectfulIy,
Gilbert D. ChavenelIe,
City Manager
Councilman Pregler moved that
the policies and bonds be filed
subject to approval of the City
Solicitor. Seconded by Councilman
Meyers. Carried by the following
vote:
Yeas-Mayor McCauley, Council-
men Meyers, Pregler, Schultz.
Nays-None.
Absent-Councilman Couchman.
April 15, 1968
To the Honorable Mayor
and City Council
Gentlemen:
I have conferred with Colonel
Walter C. Gelini, Corps of Engi-
neers, District Engineer, and it
has been arranged to have the
Special Session, April 15, 1968
197
ground breaking ceremony for the I
Dubuque Flood Control Project on
Saturday, June 15th.
Respectfully,
Gilbert D. ChavenelIe,
City Manager
Councilman Meyers moved that
the communication be received and
filed. Seconded by Councilman
Pregler. Carried by the folIowing
vote:
Yeas - Mayor McCauley, Coun.
cilmen Meyers, Pregler, Schultz.
Nays-None.
Absent-Councilman Couchman.
April 15, 1966
To the Honorable Mayor
and City Council
Gentlemen:
I am enclosing for your consid-
eration a preliminary budget of
the Airport Terminal which is
dated April 12th.
Plans and specifications are be-
ing drawn and I am making the
arrangements to selI bonds in the
amount of $490,000.00 to cover
the expenses of the Terminal Proj.
ect.
Even though it is expected that
plans wilI be ready in June for
bidding, it is not anticipated that
the project will be under construc-
tion until some weeks later because
of the necessity to try to sell these
bonds with the bonds for other
projects.
Will you please affirm this pro-
posed course of action. '
RespectfulIy requested, I
Gilbert D. Chavenelle,
City Manager
Councilman Pregler moved that
the recommendation of the City
Manager be approved. Seconded by
Councilman Schultz. Carried by the
folIowing vote:
Yeas - Mayor McCauley, Coun-
cilmen Meyers, Pregler, Schultz.
Nays-None.
Absent-Councilman Couchman.
April 15, 1968
The Honorable Mayor
and Council Members
Gentlemen:
In February of 1966, contracts
were executed with both the Du-
buque County Abstract and Title
Company and Abeln Abstract Com-
pany to provide a variety of title
services required for the purchase
of real estate in the Downtown
Urban Renewal Project.
The compensation was based on
unit costs; however, it was neces-
sary to estimate at that time the
number of abstracts of title that
would be involved although it was
known what properties would be
purchased. We now find that the
number of abstracts actually in-
volved exceeds the original esti-
mate.
The Department of Urban Re-
newal request that the contracts
for both abstract companies be
amended in order to compensate
them for all of their services. The
contract for the Dubuque County
Abstract and Title Company is to
be increased $1,120 and the con-
tract with Abeln Abstract Com-
pany is to be increased 52.180.
I hereby request your approval
to execute these contract amend-
ments.
Sincerely yours,
Gilbert Chavenelle,
City Manager
Councilman Pregler moved that
the Manager's request be granted.
Seconded by Mayor McCauley. Car-
ried by the following vote:
Yeas - Mayor McCauley, Coun-
cilmen Meyers, Pregler.
Nays - Councilman Schultz.
Absent-Councilman Couchman.
April 15, 1966
The Honorable Mayor
and Council Members
Gentlemen:
In connection with the purchase
of one of the parcels of real estate
in the Downtown Urban Renewal
Project, it was necessary to obtain
a third appraisal to supplement the
two appraisals previously made.
I hereby request your approval
to execute a contract with Walter
Potts, Jr. for this work at a fee
of $350.00.
Sincerely,
Gilbert D. Chavenelle,
City Manager
Councilman Meyers moved ap-
proval of the Manager's request.
Seconded by Councilman Pregler.
Carried by the following vote:
Yeas - Mayor McCauley, Coun-
cilmen Meyers, Pregler.
Nays-Councilman Schultz.
Absent-Councilman Couchman.
April 1, 1968
Honorable Mayor and
Council Members
Gentlemen:
The City Planning and Zoning
Commission held a public hear-
ing on March 28th to consider a
proposal to reclassify from Multi-
198
pie Family to Business District I
property described as follows:
The westerly 100 feet of the
Beatrice Foods Place and the
westerly 100 feet of the south
SO feet of Lot 6, the westerly 100
feet of the north % of Lot 5,
the westerly 100 feet of the south
% of Lot 5, the westerly 100 feet
of Lot 4A, the westerly 100 feet
of the north 'h of Lot 4, the
westerly 100 feet of the south 'h
of Lot 4, all in the L. H. Lang-
worthy Subdivision.
This property Is located south of
22nd Street, adjoins Heeb Street
and lies 100 feet west of Central
Avenue. The property is partly oc-
cupied by commercial and indus. I
trial uses and partly by natural
bluffs.
It was the opinion of the Com-
mission that all the property be.
tween Central Avenue and Heeb
Street should be in the same class-
Ification and that commercial use
of the property is the most ap-
propriate use.
It is the recommendation of the
Commission that the Council ap.
prove the above proposal.
Respectfully submitted,
Planning and Zoning Commission
Don Gilson,
Director of Planning
Mayor McCauley moved approval
of the recommendation and refer.
red to the City Solicitor for prop-
er proceedings. Seconded by Coun-
cilman Pregler. Carried by the fol-
lowing vote:
Yeas - Mayor McCauley, Coun-
cilmen Meyers, Pregler, Schultz.
Nays-None.
Absent-Councilman Couchman.
April 1, 1968
Honorable Mayor and
Council Members
Gentlemen:
On March 28th the Planning and
oning Commission held a public
heaZring on a proposal to rezone
from Single Family to Multiple
Residence the following described
property:
Lot 2 of Lot 2 of the north one
half of the southeast quarter of
section 34 and Lot 2 of the Sub-
division of the north one half
of the southeast quarter of sec-
tion 34, all in township 89, range
2 o..t of the fifth p.m.
This property is located on the
north side of Fremont Avenue and
Special Session, April 15, 1968
lies adjacent to the corporation
line.
At the public hearing it was
pointed out that sanitary sewer
and water are available to this site.
It was also pointed out that the
property was access to Fremont
Avenue which is an arterial street
and will be capable of handling the
additional traffic. The site is ad-
jacent to the proposed right of
way for the extension of Kennedy
Road.
No one was present at the hear-
ing to speak either for or against
the proposal.
It is the recommendation of the
Planning and Zoning Commission
that the proposal be approved by
the Council.
Respectfully submitted,
Planning and Zoning Commission
Don Gilson
Director of Planning
Councilman Meyers moved that
the recommendation of the Com.
mission be approved and referred
to the City Solicitor for proper pro-
ceedings. Seconded by Mayor Mc-
Cauley. Carried by the following
vote:
Yeas-Mayor McCauley, Council-
men Meyers, Pregler, Schultz.
Nays-None.
Absent-Councilman Couchman.
April 15, 1968
To the Honorable Mayor and
Members of the City Council.
Gentlemen: In accordance with
the provisions of Chapter 365 of
the 1966 Code of Iowa, the Civil
Service Commission conducted ex-
aminations on April 11, 1968 for
the position of PUBLIC HEALTH
NURSE.
The following named persons
passed the written examination
with a grade of 70% or better and
their names are hereby certified.
Glenann M. Slade ..........80.3%
Maxine P. Huberty ........71.2%
Respectfull submitted,
Gerard B. Noonan
Louis F. Fautsch
LeRoy H. Giles
Civil Service Commisison
Attest:
Leo F. Frommelt
Clerk
Subscribed and sworn to before
me this 15th day of April, 1968.
Eugene J. Berens
Notary Public
Special Session, April 15, 1968
199
Councilman Pregler moved that
the communication be received
and filed and made a matter of
record. Seconded by Councilman
Meyers. Carried by the following
vote:
Yeas-Mayor McCauley, Council-
men Meyers, Pregler, Scbultz.
Nays-None.
Absent-Councilman Couchman.
Notice of suit of Mildred M.
Rempt, in the amount of $1,000,
for personal injuries received in
a fall on an icy crosswalk and side.
walk at East 10th Street and Cen-
tral Avenue on January 12, 1968,
presented and read.
Councilman Pregler moved that
the notice of suit be referred to
the City Solicitor for investigation
and report. Seconded by Council.
man Schultz. Carried by the fol-
lowing vote:
Yeas-Mayor McCauley, Council-
men Meyers, Pregler, Schultz.
Nays-None.
Absent-Councilman Couchman.
Communication of Nyemaster,
Goode, McLaughlin, Emery &
O'Brien, Des Moines attorneys, re-
questing demand of paymeni in
the amount of $42,000, allegedly
due for architectural plans and
fees drawn by Dougher, Rich &
Woodburn architects, for a County-
City building back in the year of
1947, presented and read.
Mayor McCauley moved that the
communication be referred to the
City Solicitor for investigation and
report. Seconded by Councilman
Meyers. Carried by the following
vote:
Yeas-Mayor McCualey, Council-
men Meyers, Pregler, Schultz.
Nays-None.
Absent-Councilman Couchman.
April 15, 1968
Hon. Mayor & City Council
Re: Harriet M. Kortmeyer
vs.
City of Dubuque
Gentlemen: On April 8, 1967
original notice with copy of peti-
tion at law attached was filed
wherein Harriet M. Kortmeyer
commenced action against the City
of Dubuque in the District Court
of Iowa in and for Dubuque Coun-
ty claiming damages in the amount
of $7,000.00 for injuries allegedly
suffered by plaintiff on or about
January 14, 1967, allegedly result-
ing from a fall on the public side-
walk abutting 691 West 3rd Street, I
and said notice with petition at-
tached was referred to the City
Solicitor.
I have made an investigation of
this matter and appropriate re-
sistance was made to said action
and the plaintiff has made an of-
fer of settlement in the amount of
$2,000.00 That said plaintiff suf-
fered personal injuries requiring
medical and hospital services in
addition thereto, she suffered loss
of wages from her regular employ-
ment.
It is the recommendation of the
City Attorney that said offer of
settlement be accepted and that
the City Auditor be instructed to
draw a warrant payable to Har-
riet M. Kortmeyer In the amount
of $2,000.00 and trasnmit same
to the City Attorney for delivery
upon receipt of duly executed DIs-
missal with Prejudice and delivery
of release of claim.
Copy of original notice and copy
of petition is returned herewith.
Respectfully submitted,
R. N. Russo
City Attorney
Councilman Pregler moved that
the recommendation of the City
Attorney be approved. Seconded
by Councilman Meyers. Carried by
the following vote:
Yeas-Mayor McCauley, Council-
men Meyers, Pregler, Schultz-
Nays-None.
Absent-Councilman Couchman.
Petition of Irene Bogas request-
ing a refund of $25 on the unex-
pired portion of cigarette license
No. 226 as she has discontinued
business on March 31, 1968, pre-
sented and read. Councilman
Meyers moved that the refund be
granted and the Auditor instructed
to issue proper warrant. Seconded
by Councilman Pregler. Carried
by the following vote:
Yeas-Mayor McCauley, Council-
men Meyers, Pregler, Schultz.
Nays-None.
Absent-Councilman Couchman.
Petition by resolution of the Du-
buque Bible Church suggesting
that Planning & Zoning Commis-
sion oppose the use of Bles street
as a truck route and main artery
to the proposed shopping area, for
various reasons of traffic safety,
presented and read. Mayor Mc.
Cauley moved that the Petition be
referred to the Planning & Zoning
Commission. Seconded by Council-
excavate in the city streets and
aIleys, presented and read. Coun-
cilman Pregler moved ihat the peti-
tion be approved subject to approv-
al of the City Engineer. Seconded
by Councilman Meyers. Carried by
the following vote:
Yeas - Mayor McCauley, Coun-
cilmen Meyers, Pregler, Schultz.
Nays-None.
Absent-Councilman Couchman.
Proof of Publication, certified to
by the Publisher, of Notice of
receipt of bids for Fire apparatus,
for the furnishing of a 1250 GPM.
Triple combination Pumping En.
gine, presented and read. Coun-
cilman Pregler moved that the
proof of publication be received
and filed. Seconded by Mayor Mc-
Cauley. Carried by the foIlowing
vote:
Yeas - Mayor McCauley, Coun-
cilmen Meyers, Pregler, Schultz.
Nays-None.
Absent-Councilman Couchman.
April 15, 1968
To the Honorable Mayor
and City Council
Gentlemen:
I am enclosing a tabulation of
the bids received on the Fire En-
gine Pumper, and Chief Dunphy's
letter reporting on the bids.
I recommend that the bid of
American La France be accepted.
The cost of the pumper will be,
base bid, $29,760.00, plus Alternate
"C", $385.00 for a total of
$30,145.00.
RespectfuIly,
Gilbert D. Chavenelle
City Manager
Councilman Pregler moved tbat
the recommendation of the City
Manager be approved. Seconded by
Councilman Meyers. Carried by the
foIlowing vote:
Yeas - Mayor McCauley, Coun-
cilmen Meyers, Pregler, Schultz.
Nays-None.
Absent-Councilman Couchman.
Proof of Publication, certified to
by the Publisher, of notice of Pen-
dency of Resolution of Necessity
for Public Improvements and hear-
ing upon proposed plans and speci.
fications, form of contract and
cost of improvements for the fur-
nishing of a Civil Defense Warn-
ing Siren Fire Station No.2, pre.
sented and read.
No written objections were filed
and no oral objectors were present
200
Special Session, April 15, 1968
man schultz. Carried by the fol-
lowing vote:
Yeas-Mayor McCauley, Council-
men Meyers, Pregler, Schultz.
Nays-None.
Absent-Councilman Couchman.
Petition of Midwest Developers
Inc. requesting rezoning from
Single Family Residence to Busi-
ness B District Classification Lot
1 of 2 of 2 of 2 of 2 of 2 of NEY.
NEY. Sec. 28, Twp. 89, N. R. 2E
5th P.M., presented and read.
Conucilman Pregler moved that
the petition be referred to the
Planning & Zoning Commission.
Seconded by Councilman Meyers.
Carried by the following vote:
Yeas-Mayor McCauley, Council-
men Meyers, Pregler, Schultz.
Nays-None.
Absent-Councilman Couchman.
Petition of Conrad Construction I
Co. requesting permission to exca-
vate in McPoland Street, presented
and read. Councilman Pregler
moved that the petition be granted
subject to approval of the City
Engineer. Seconded by Council-
man Meyers. Carried by the fol-
lowing vote:
Yeas-Mayor McCauley, Council-
men Meyers, Pregler, Schultz.
Nays-None.
Absent-Councilman Couchman.
Petition of Braconier Plumbing
& Heating Co. requesting a refund
of $13.00 for a plumbing permit is-
sued in duplicate at 1699 Hickson
Street, presented and read. Coun-
cilman Meyers moved that the peti-
tion be granted and the Auditor
instructed to issue proper warrant.
Seconded by Councilman Pregler.
Carried by the following vote:
Yeas-Mayor McCauley, Coun.
cilmen Meyers, Pregler, Schultz.
Nays-None.
Absent-Councilman Couchman.
Petition of Robert A. Palmer of
685 Kane Street, requesting pur-
chase of property adjacent to his,
which is presently owned by the
City, presented and read. Mayor
ldcCauley moved that the petition
be referred to the City Manager for
investigation and report. Seconded
by Councilman Meyers. Carried by
the following vote:
Yeas-Mayor McCauley, Council-
men Meyers, Pregler, Schultz.
Nays-None.
Absent-Councilman Couchman.
Petition of F. N. Smiih Construc-
tion Inc. requesting permission to
Special Session, April 15, 1968
201
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 Ma.
yor McCauley. Carried by the fol-
lowing vote:
Yeas - Mayor McCauley, Coun-
cilmen Meyers, Pregler, Schultz.
Nays-None.
Absent-Councilman Couchman.
(Necessity of Improvement)
RESOLUTION NO. 133-68
WHERE A S, proposed plans,
specifications, form of contract
have been duly prepared and ap-
proved by the City Council of the
City of Dubuque and are now on
file in the office of the City Clerk
showing among other things the
following:
1. An estimate of the cost of the
proposed improvement for the City
of Dubuque Civil Defense Warning
Siren Fire Station No.2.
BE IT THEREFORE RESOLVED
that the City Council on its own
motion or upon petition of proper.
ty owners, deems it advisable and
necessary for the public welfare to
made the hereinmentioned im-
provement, and unless property
owners at the time of the final
consideration of this proposed reso-
lution have on file with the City
Clerk objections to the amount of
the cost of improvement, they shall
be deemed to have waived all ob-
jections thereto.
Said improvement shall be con.
structed and done in accordance
with the plans and specifications
which have been prepared there-
fore by the City Engineer which
have been approved by the City
Council and are now on file with
the City Clerk. That the cost and
expense of making said improve-
ment will be paid from the Public
Safety Civil Defense Fund No. 150.
The above resolution was intro-
duced, approved, and ordered plac-
ed on file with the City Clerk this
18th day of March, 1968.
RECORD OF FINAL ADOPTION
The foregoing resolution was
finally passed and adopted, as pro- I
posed by the City Council this 15th
day of April 1968.
Sylvester McCauley
Mayor
Walter A. Pregler
Merlin F. Schultz
Donald R. Meyers
Gaylord M. Couchman
Councilmen
Attest:
Leo F. Frommelt,
City Clerk
Councilman Meyers moved final
adoption of the resolution. Second-
ed by Mayor McCauley. Carried by
the following vote:
Yeas - Mayor McCauley, Coun-
cilmen Meyers, Pregler, Schultz.
Nays-None.
Absent-Councilman Couchman.
Proof of Publication, certified to
by the Publisher, of notice to con-
tractors of the receipt of proposals
for the construction of a Civil De-
fense Warning Siren, presented
and read. Councilman Pregler mov.
ed that the proof of publication be
received and filed. Seconded by
Councilman Meyers. Carried by the
following vote:
Yeas-Mayor McCauley, Coun-
cilmen Meyers, Pregler, Schultz.
Nays-None.
Absent-Councilman Couchman.
April 15, 1968
To the Honorable Mayor and the
Members of the City Council
Gentlemen:
Pursuant to your instructions,
sealed bids were received until
10:00 A.M., Monday, April 15, 1968,
for the construction of the City of
Dubuque-Civil Defense Warning
Siren, Fire Station No.2.
The lowest bid entered was sub-
mitted by Westphal and Company,
Inc., 123 St. Mary's Avenue, Janes-
ville, Wisconsin. Their bid was
4.8% under the Engineer's Esti-
mate.
I recommend that the contract
for the improvement be awarded to
Westphal and Company, Inc.
RespectfuIly submitted,
Gilbert D. Chavenelle,
City Manager
Councilman Meyers moved that
the recommendation of the City
Manager be approved. Seconded by
Special Session, April 15, 1968
Special Session, April 15, 1968
200
2ß2
for the complete performance of
said work.
BE IT FURTHER RESOLVED,
that upon the signing of said con.
tract and the approval of the con-
tractors bond the City Treasurer
is authorized to return the bid
deposits of the unsuccessful bid-
ders.
Passed and adopted this 15th
day of April, 1968.
Sylvester McCauley
Mayor
Walter A. Pregler
Merlio F. Schultz
Donald R. Meyers
Councilmen
Yeas - Mayor McCauley, Coun-
cilmen Meyers, Pregler, Schultz.
Nays-None.
Absent-Councilman Couchman.
April 5, 1968
To the Honorable Mayor
and City Council
Gentlemen:
I am enclosing copies of letters
from Henningson, Durham and
Richardson and from Mr. Joseph
Hail about the bids received for
the Mt. Carmel Pumping Station
and Water Main and the Stafford
Street Pumping Station.
I recommend that the low bids
be accepted and contracts award-
ed for the construction of the Mt.
Carmel Station and Water Main.
I also recommend that the contract
not be awarded for the Stafford
Street Station.
Respectfully,
Gilbert D. Chavenelle,
City Manager
Councilman Schultz moved that
the recommendation of the City
Manager be approved. Seconded by
Councilman Pregler. Carried by the
following vote:
Yeas-Mayor McCauley, Council.
men Meyers, Pregler, Schultz.
Nays-None.
Absent-Councilman Couchman.
(Awarding Contract)
RESOLUTION NO. 164-68
WHEREAS, sealed proposals
have been submitted by contractors
for the MI. Carmel Feeder Main
Project pursuant to Resolution No.
100-68 and notice to bidders pub-
lished in a newspaper published in
said City on March 11, 1968 and
March 18, 1968; and
WHEREAS, said sealed proposals
were opened and read on 3rd day
of April, 1968, and it bas been de-
termined that the bid of Smitty's
Excavating Service of Dubuque.
Iowa in the amount of $124,709.56
was the lowest bid for the furnish-
ing of all labor and materials and
performing the work as provided
for in the plans and specifications;
now therefore,
BE IT RESOLVED by the City
Council of the City of Dubuque
that the contract for the above
mentioned improvement be award.
ed to Smitty's Excavating Service
and the Manager be and he is here-
by directed to execute a contract
on behali of the City of Dubw¡ue
is authorized and iustructed to re-
turn the bid deposits of the unsu...
cessful bidders.
Passed and adopted this 15th
day of April, 1968.
Sylvester McCauley
May...
Walter A. Pregler
Merlin F. Scbultz
Donald R. Meyers
Councilmen
Mayor McCauley. Carried by the
following vote:
Yeas - Mayor McCauley, Coun.
cilmen Meyers, Pregler, Schultz.
Nays-None.
Absent-Councilman Couchman.
(Awarding Contract)
RESOLUTION NO. 163-68
WHEREAS, sealed proposals
have been submitted by contrac-
tors for the CITY OF DUBUQUE-
CIVIL DEFENSE WARNING SI.
REN FffiE STATION NO.2 pur-
suant to Resolution No. 133.68 and
notice to bidders published in a
newspaper published in said City
on March 21, 1968 and March 28,
1968; and
WHEREAS, said sealed propos.
als were opened and read on April
15, 1968, and it has been deter-
mined that the bid of Westphal
and Company, Inc., 123 SI. Mary's
Avenue of Janesville, Wisconsin
in the amount of $2,950.00 was the
lowest bid for the furnishing of
all labor and materials and per-
forming the work as provided for
in the plans and specifications;
now therefore,
BE IT RESOLVED by the City
Council of the City of Dubuque
that the contract for the above
mentioned improvement be award-
ed to Westphal and Company, Inc.
and the Manager be and he is
hereby directed to execute a con-
tract on behalf of the City of Du-
buque for the complete perform-
ance of said work.
BE IT FURTHER RESOLVED,
that upon the signing of said con.
tract and the approval of the con-
tractors bond the City Treasurer
is authorized and instructed to re-
turn the bid deposits of the unsuc.
cessful bidders.
Passed and adopted this 15th
day of April, 1968.
Sylvester McCauley
Mayor
Walter A. Pregler
Merlin F. Schultz
Donald R. Meyers
Attest:
Leo F. Frommelt
Councilman Meyers moved adop-
tion of the resolution. Secollded by
Councilman Schultz. Carried by the
following vote:
Yeas - Mayor McCauley, Coun-
cilmen Meyers, Pregler, Schultz.
Nays-None.
Ahsent-Councilman Couchman.
RESOLUTION NO. 166-68
Authorizing the Purchase of Cer-
tain Reel Estate in the Down-
town UrlNtn Renewal Project,
Iowa R-15
WHEREAS, under date of July
26, 1967, tbe City of Dubuque amI
the United States of America en-
tered into a Loan and Capital Grant
Contract for the undertaking of the
Downtown Urban Renewal Project,
Iowa R-15; and
WHEREAS, there has been pre-
pared on behalf of the City of Dn.
buque independent appraisals of
certain parcels of real estate to
be acquired for the project; and
WHEREAS, the appraisals have
been reviewed, recommended pric-
es established, and the appraisals
reports and certain supporting
documentation submitted to the De-
partment of Housing and Urban
Development for their review; and
WHEREAS, the City of Dubuque
bas received from the Department
of Housing and Urban Develop-
ment concurred.in acquisition pric-
es for certain parcels of real estate
in the Project Area; now tberefore,
BE IT RESOLVED BY THE
COUNCIL OF THE CITY OF DU.
BUQUE, IOWA:
Section I. That the City Manacer
be and he is bereby authorized
and directed to execute Agree-
ments of Purchase and to do any
and all things necessary and re-
quisite including the affixing of
the City Seal to certain instru-
ments to purchase the following
described parcels of real estate ÙI
Attest:
Leo F. Frommelt,
City Clerk
Councilman Pregler moved adop-
tion of the resolution. Seconded by
Councilman Schultz. Carried by the
following vote:
Yeas - Mayor McCauley, Coun-
cilmen Meyers, Pregler, Schultz.
Nays-None.
Ahsent-Councilman Couchman.
(Awarding Contract)
RESOLUTION NO. 165-68
WHEREAs, sealed proposals
have been submitted by contrac-
tors for the MT. CARMEL PUMP-
ING STATION pursuant to Resolu-
tion No. 104-68 and notice to bid-
ders published in a newspaper
published in said City on March
11, 1968 and March 18, 1968; and
WHEREAS, said sealed propos.
als were opened and read on 3rd
day of April 1968, and it has been
determined that the bid of Anton
Zwack, Inc. of Dubuque, Iowa in
the amount of $76,940.00 was the
lowest bid for the furnishing of
all labor and materials and per-
forming the work as provided for
in the plans and specifications;
now therefore,
BE IT RESOLVED hy the City
Council of the City of Dubuque
that the contract for the above
mentioned improvement be award-
ed to Anton Zwack, Inc. and tbe
Manager be and he is hereby di-
rected to execute a contract on
behalf of the City of Dubuque for
the complete performance of said
work.
BE IT FURTHER RESOLVED,
that upon the signing of said con-
tract and the approval of the con.
tractors bond the City Treasurer
Attest:
Leo F. Frommelt
City Clerk
Councilman Pregler moved adop-
tion of the resolution. Seconded by
Councilman Schultz. Carried by
the following vote:
-"'"
204
Special Session, April 15, 1968
accordance with the Downtown Ur-
ban Renewal Plan at their concur,
red-in acquisition prices, at a total
cost not to exceed $1,106,570.00.
Parcel
No.
1-4
4-1
4-2
4-4
Legal Description
City Lots 212 and 213
City Lots 252A, 252 and 253
City Lots 214, 215 and 215A
City Lot 217 and South one-
half of City Lot 216
4-11 South One-Half of City Lot I
251
4-12 North one-half of City Lot
251
5-9 City Lot 176
8-5, 6 South one-half of City Lot
22 and Lot 2 of N. half of
City Lot 22
8-7 North 20' of City Lot 21
8-11 Lot 1 and Easterly one-half
of Lot designated as water-
way 3/1/12' wide by 75'
long in Wegel's Subdivision
of City Lot 218 and the
South half of City Lot 219
8-12 North 53' of City Lot 179
9-4 East 25' of City Lot 752
and East 25' of South 54' of
City Lot 753
9.6 North one-third of City Lot
748
9-7 South one-third of City Lot
749
11-4 Southerly 40' of City Lot 19
11-9 West 76' of the Southerly
45'6" of City Lot 184
12-1 North one-half of City Lot
61
12.3 South one-half of North 'h
of West 94' of City Lot 100
12-6 North one-half of City Lot
98
12.8 City Lot 97
12-11 South one-third of City Lot
63
12.12 Middle one-third of City Lot
63
12-17 North 19'6" of South 32' of
City Lot 61
14-1 East 43' of City Lot 185
14-6 South one-third of City Lot
15
14-8 City Lot 13
15-1 City Lot 65 and North 7' of
City Lot 65A
15-8 North one-third City Lot 67
15-10 North one-third City Lot 66
All located in the City of Du-
buque, Dubuque County, State of
Iowa.
Passed, and adopted, and ap'
proved this 15th day of April, 1968.
Sylvester McCauley
Mayor
Walter A. Pregler
Donald R. Meyers
Councilmen
Attest:
Leo F. Frommelt,
City Clerk
Councilman Pregler moved adop-
tion of the resolution. Seconded by
Councilman Meyers. Carried by the
following vote:
Yeas-Mayor McCauley, Council-
men Meyers, Pregler.
Nays-Couocilman Schultz.
Absent-Councilman Couchman.
April 15, 1968
To the Honorable Mayor
and City Council
Gentlemen:
I hereby submit the attached
sheets No.1 to 5 inclusive show-
ing a schedule of the proposed
valuations and assessments for the
City of Dubuque 1968 Concrete
Curb and Gutter Project No.1.
Submitted April 15, 1968.
John L. White
City Engineer
Councilman Meyers moved that
the communication be received and
filed. Seconded by Councilman
Schultz. Carried by the following
vote:
Yeas - Mayor McCauley, Coun-
cilmen Meyers, Pregler, Schultz.
Nays-None.
Absent-Councilman Couchman.
RESOLUTION NO. 167-68
BE IT RESOLVED by the City
Council of the City of Dubuque,
Iowa:
Section 1. That the attached
sheets No.1 to 5 inclusive are
hereby determined to be the sched-
ule of proposed assessments for
the City of Dubuque 1968 Concrete
Curb and Gutter Project No.1 and
the valuations set out therein are
hereby approved.
Adopted this 15th day of April,
1968.
Sylvester McCauley
Mayor
Walter A. Pregler
Merlin F. Schultz
Donald R. Meyers
CouncIlmen
Attest:
Leo F. Frommelt
City Clerk
î
Special Session, April 15, 1968
205
Councilman Meyers moved adop-
tion of the resolution. Seconded by
Councilman Schultz. Carried by
the following vote:
Yeas - Mayor McCauley, Coun-
cilmen Meyers, Pregler, Schultz.
Nays-None.
Absent-Councilman Couchman.
RESOLUTION NO. 168-68
Preliminary Estimate and ap-
proval of proposed plans, specifi-
cations, form of contract, plat, and
all other documents for construc.
tion of CITY OF DUBUQUE 1968
CONCRETE CURB & GUTTER
PROJECT NO. I, on
1. Asbury Road from the W.P.L.
of John F. Kennedy Road to
the W.P.L. of Lot 1-1-1 of As-
bury Park,
2. John F. Kennedy Road from
the N.P.L. of Asbury Road to
the N.P.L. of Lot 1 of Block 2
of "Highland" Subdivision,
at an estimated cost of $128,341.52,
presented and read.
Councilman Meyers moved adop-
tion of the resolution. Seconded by
Mayor McCauley. Carried by the
following vote:
Yeas - Mayor McCauley, Coun-
cilmen Meyers, Pregler, Schultz.
Nays-None.
Absent-Councilman Couchman.
(Necessity for Improvement)
RESOLUTION NO. 169-68
WHEREAS, proposed plans, spe-
cifications, form of contract, plat
and schedule have been duly pre-
pared and approved by the City
Council of the City of Dubuque
and are now on file in the office
of the City Clerk,showing among
other things the foUowing:
1. The Assessment limits of each
street to be improved.
2. The streets to be improved.
3. The width of such improve.
ment.
4. Each lot proposed to be as-
sessed together with a valuation
fixed by the council.
5. An estimate of the cost of
the proposed improvement, stating
the same for each different type
of construction and kind of ma-
terial to be used.
6. In each case the amount there-
of which is estimated to be as-
sessed against each lot for the
CITY OF DUBUQUE-1968-CON-
CRETE CURB AND GUTTER
PROJECT NO.1.
1. Asbury Road from the W.P.L.
of John F. Kennedy Road to
the W.P.L. of Lot 1-1-1 of As-
bury Park.
2. John F. Kennedy Road from
the N.P.L. of Asbury Road to
the N.P.L. of Lot 1 of Block 2
of "Highland" subdivision.
BE IT THEREFORE RESOLVED
that the City Council on its own
motion or upon petition of prop-
erty owners, deems it advisable
and necessary for the public wel-
fare to make the herein mentioned
improvement, and unless property
owners at the time of the final
consideration of this proposed res-
olution have on file with the City
Clerk objections to the amount of
the proposed assessments, they
shall be deemed to have waived
all objections thereto.
Said improvement shall be con-
structed and done in accordance
with the plans and specifications
which have been prepared there-
for by the City Engineer which
have been approved by the City
Council and are now on file with
the City Clerk. That the cost and
expense of making said improve-
ment will be assessed upon and
against all privately owned prop-
erty lying within assessable dis-
tance provided by law and in an
amount not to exceed the amount
provided by law, property will be
assessed whether the same abuts
thereon or is adjacent thereto ac-
cording to area and in proportion
to the special benefits conferred
thereby, and any deficiency shall
be paid out of the Street fund
Bonds shall be issued and sold in
anticipation of deferred payments
of assessments when a contract
has been performed and accepted
and the proceeds thereof used to
pay the contractor. The railway
portion of any street or assessment
district shall be assessed to and
paid by the railway company.
The above resolution was intro-
duced, approved and ordered
placed on file with the City Clerk
this 15th day of April, 1968.
206
Special Session, April 15, 1968
Approved and placed on file for
final action.
Approved:
Sylvester McCauley
Mayor
WaltBr A. Pregler
Merlin F. Schultz
Donald R. Meyers
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Meyers moved ap-
proval of tbe resolution. Seconded
by Councilman Pregler. Carried by
the following vote:
Yeas-Mayor McCauley, Council-
men Meyers, Pregler, Schultz.
Nays-None.
Absent-Councibnan Couchman.
(Fixing date of hearing)
RESOLUTION NO. 170-68
WHEREAS, the City Council of
the City of Dubuque, Iowa, has by
Resolution No. 168-68 given its pre-
liminary approval on the proposed
plans, specifications and form of I
contract and placed same on file
in the oHice of the City Clerk for,
public inspection, for the City of
Dubuque 1968 Concrete Curb and
Gutter Project No.1
1. Asbury Road from the W.P.L.
of John F. Kennedy Road to tbe
W.P.L. of Lot 1-1-1 of Asbury Park.
2. John F. Kennedy Road from
the N.P.L. of Asbury Road to the
N.P.L. of Lot 1 of Block 2 of
"Highland" Subdivision and,
WHEREAS, the proposed Resolu-
tion of Necessity for said improve-
ment has been introduced and is
now on file in the City Clerk's of-
fice for public inspection,
BE IT THEREFORE RESOLVED
that on the 13th day of May, 1968,
a public hearing will be held at
7:30 o'clock P.1\1. D.s.T., in the
Council Chamber in the City of
Dubuque at which time the owners
of property subject to assessment
for the proposed improvement
may appear and make objec-
tion to the proposed plans and
specifications and proposed form
of contract and at the same time to
the boundaries of the proposed dis-
trict, to the cost of improvement,
to the amoont to be assessed
against any lot and to tbe passage
of the proposed Resolution of
Necessity and the City Clerk be
and he is hereby directed to cause
a notice of the time and place of
such hearing to be published in
some newspaper published in the
City of Dubuque, the last of which
shall be not less than two (2) nor
more than (4) weeks prior to the
day fixed for its consideration and
unless property owners at the time
of final consideration of said reso-
lution have on file with the Clerk
objections to the amount of the
proposed assessment, they shall
have been deemed to have waived
all objections thereto, at which
hearing the Council will hear such
objections and enter on record its
final decision thereon.
Passed, adopted and approved
this 15th day of April, 1968.
Sylvester McCauley
Mayor
Walter A. Pregler
Merlin F. Schultz
Donald R. Meyers
Councilmen
Attest:
Leo F. Frommelt,
City Clerk
Councilman PreglCT moved adop-
tion of the resolution. Seconded by
Councilman Schultz. Carried by the
following vote:
Yeas-Mayor McCauley, Council-
men Meyers, Pregler, Schultz.
Nays-None.
Absent-Councilman Couchman.
April 15, 1968
To the Honorable Mayor
and City Council
Gentlemen:
I hereby submit the attached
sheets No. I to 6 inclusive showing
a schedule of the proposed valua.
tions and assessments for the City
of Dubuque 1968 Bituminous Con.
crete Paving Project No.1,
Submitted April 15, 1968.
John L. White,
City Engineer
Councilman Meyers moved that
the communication be received and
filed. Seconded by Councilman
Pregler. Carried by the following
vote:
Yeas - Mayor McCauley, Coun-
cilmen Meyers, Pregler, Schultz.
Nays-None.
Absent-Councilman Couchman.
RESOLUTION NO. 171-68
BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Special Session, April 15, 1968
Section I. That ihe attached
sheets No.1 to 6 inclusive are here-
by determined to be the schedule
or proposed assessments for the
City of Dubuque 1968 Bituminous
Concrete Paving Project No.1 and
the valuation set out therein are
hereby approved.
Adopted this 15th day of April,
1968.
Sylvester McCauley
Mayor
Walter A. Pregler
Merlin F. Schuliz
Donald R. Meyers
Councilmen
Attest:
Leo F. Frommelt,
City Clerk
Councilman Meyers moved ap.
proval of the resolution. Seconded
by Councilman Schultz. Carried by
the folIowing vote:
Yeas - Mayor McCauley. Coun.
cilmen Meyers, Pregler, Schultz.
Nays-None.
Absent-Councilman Couchman.
RESOLUTION NO. 172-68
Preliminary Estimate and Ap-
proval of plans, specifications,
form of contract, plat and alI oth-
er documents for the construction
of CITY OF DUBUQUE 1968 BITU-
MINOUS CONCRETE PAVING
PROJECT NO.1, on the following
named alIeys and streets:
1. AlIey beiween White and Jack-
son Streets-from East 20th to
East 21st Streets.
2. Alley between Locust and Bluff
Streets-from Seventh Street to
Eighth Street.
3. AlIey between Alta Place and
Algona Street-from Fillmore
Street to Decorah Street.
4. Broadlawn Street - from the
S.P.L. of Asbury Road to the
N.P.L. of Hillcrest Road.
5. Bunker HilI Street-from the
S.P.L. of Finley to the N.P.L.
of Green Street.
6. Bunker HilI Golf Course -
Roadway.
7. Custer Street-from the W.P.L.
of Atlantic Street to the E.P.L.
of Auburn Street.
8. Eagle Point Park-Roadway.
9. Prairie Street-lrom the S.P.L.
of Loras Boulevard to the N.P.
L. of West 11th Street.
at an estimated cost of $39,192.43,
presented and read.
Councilman Pregler moved that
the resolution be adopted. Second-
201
ed by Councilman Schultz. Carried
by the following vote:
Yeas - Mayor McCauley, Coun-
cilmen Meyers, Pregler, Schultz.
Nays-None.
Absent-Councilman Couchman.
(Necessity for Improvement)
RESOLUTION NO. 173-68
WHEREAS, proposed plans, spec-
ifications, form of contract, plat
and schedule have been duly pre.
pared and approved by the City
Council of the City of Dubuque
and are now on file in the office
of the City Clerk showing among
other things the folIowing:
1. The Assessment Limits of each
street to be improved.
2. The streets to be improved.
3. The width of such improve.
ment.
4. Each lot proposed to be assess-
ed together with a valuation fixed
by the council.
5. An estimate of the cost of thc
proposed improvement, stating the
same for each different type of
construction and kind of material
to be used.
6. In each case the amount there.
of which is estimated to be assess.
ed against each lot, for the City of
Dubuque-1968-Bituminous Con.
crete Paving Project No. L
L AlIey between White and Jack.
son Streets-from East 20th to
East 21st Streets.
2. AlIey between Locust and Bluff
Streets-from Seventh Street to
Eighth Street.
3. Alley between Alta Place and
Algona Street-from Fillmore
Street to Decorah Street.
4. Broadlawn Street - from the
S.P.L. of Asbury Road to the
N.P.L. of Hillcrest Road.
5. Bunker Hill Street-from the
S.P.L. of Finley to the N.P.L. of
Green Street.
6. Bunker HilI Golf Course-Road-
way.
7. Custer Street-from the W.P.L.
of Atlantic Street to the E.P.L.
of Auburn Street.
8. Eagle Point Park-Roadway.
9. Prairie Street-from the S.P.L.
of Loras Boulevard to the N.P.L.
of West 11th Street.
BE IT THEREFORE RESOLVED
ihat the City Council on its own
motion or upon petition of proper.
ty owners, deems it advisable and
necessary for the public welfare
to make the herein mentioned im.
208
Special Session, April 15, 1968
provement, and unless property
owners at the time of the final
consideration of this proposed reso-
lution have on file with the City
Clerk objections to the amount of
the proposed assessments, they
shall be deemed to have waived all
objections thereto.
Said improvements shall be con-
structed and done in accordance
with the plans and specifications
which have been prepared there-
fore by the City Engineer which
have been approved by the City
Nays-None.
Absent-Councilman Couchman.
Council and are now on file with
the City Clerk. That the cost and
expense of making said improve-
ment will be assessed upon and
againsi all privately owned proper-
ty lying within assessable distance
provided by law and in an amount
not to exceed the amount provided
by law, property will be assessed
whether the same abuts thereon or
is adjacent thereto according to
area and in proportion to the spec.
ial benefits conferred thereby, and
any deficiency shall be paid out of
of the street fund, improvement
bonds shall be issued and sold in
anticipation of deferred payments
of assessments when a contract has
been performed and accepted and
the proceeds thereof used to pay
the contractor. The railway portion
of any street or assessment district
shall be assessed to and paid by the
railway company.
The above resolution was intro-
duced, approved and ordered plac-
ed on file with the City Clerk this
15th day of April, 1968.
Approved and placed on file for
final action.
Sylvester McCauley
Mayor
Walter A. Pregler
Merlin F. Schultz
Donald R. Meyers
Councilmen
Attest:
Leo F. Frommelt,
City Clerk
Councilman Pregler moved ap-
proval of the resolution. Seconded
by Councilman Meyers. Carried by
the following vote:
Yeas - Mayor McCauley, Coun-
cilmen Meyers, Pregler, Schultz.
Nays-None.
Absent-Councilman Couchman.
(Fixing date of hearing)
RESOLUTION NO. 174-68
WHEREAS, the City Council of
the City of Dubuque, Iowa, has by
Resolution No. 172.68 given its
preliminary approval on the pro-
posed plans, specifications and
form of contract and placed same
on file in the office of the City
Clerk for public inspection, for the
City of Dubuque 1968 Bituminous
Concrete Paving Project No.1.
1. Alley between White and Jack-
son Streets-from East 20th to
East 21st Streets.
2. Alley between Locust and Bluff
Streets-from Seventh Street to
Eighth Street.
3. Alley between Alta Place and
Algona Street-from Fillmore
Street to Decorah Street.
4. Broadlawn Street - from the
S.P.L. of Asbury Road to the
N.P.L. of Hillcrest Road.
5. Bunker Hill Street-from the
S.P.L. to the N.P.L. of Green
Street.
6. Bunker Hill Golf Course -
Roadway.
7. Custer Street-from the W.P.L.
of Atlantic Street to the E.P.L.
of Auburn Street.
8. Eagle Point Park-Roadway.
9. Prairie Street-from the S.P.L.
of Loras Boulevard to the N.P.
L. of West 11th Street.
and,
WHEREAS, the proposed Reso-
lution of Necessity for said im-
provement has been introduced
and is nOW on file in the City
Clerk's office for public inspec-
tion.
BE IT THEREFORE RESOLVED
that on the 13th day of May, 1968,
a public hearing will be held at
7:30 o'clock P.M. D.S.T. in the
Council Chamber in the City of
Dubuque at which time the owners
of property subject to assessment
for the proposed improvement
may appear and make objection to
the proposed plans and specifica-
tions and proposed form of con-
tract and at the same time to the
boundaries of the proposed dis-
trict, to the cost of the improve-
ment, to the amount proposed to
be assessed against any lot and to
the passage of the proposed Reso-
lution of Necessity and the City
Clerk be and he is hereby directed
to cause a notice of the time and
place of such hearing to be pub-
Special Session, April 15, 1968
209
lished in some newspaper pub-
lished in the city of Dubuque, the
last of which shall be not less
than two (2) nor more than (4)
weeks prior to the day fixed for its
consideration and unless property
owners at the time of final con-
sideration of said resolution have
on file with the Clerk objections to
the amount of the proposed assess-
ment, they shall have been
deemed to have waived all objec-
tions thereto, at which hearing the
Council will hear such objections
and enter on record its final deci-
sion thereon.
Passed, adopted and approved
this 15th day of April, 1968.
Sylvester McCauley
Mayor
Walter A. Pregler
Merlin F. Schultz
Donald R. Meyers
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Schultz moved adop.
tion of the resolution. Seconded
by Councilman Pregler. Carried by
the following vote:
Yeas - Mayor McCauley, Coun-
cilmen Meyers, Pregler, Schultz.
Nays-None.
Absent-Councilman Couchman.
April 15, 1968
To the Honorable Mayor
and City Council
Gentlemen:
I hereby submit the attached
sheets No.1 to 17 inclusive show.
ing a schedule of the proposed
valuations and assessments for the
City of Dubuque 1968 Hot Mix-Hot
Laid Asphaltic Concrete Paving
Project No.1, submitted April
15, 1968.
John L. White
City Engineer
Councilman Meyers moved that
the communication be received
and filed. Seconded by Councilman
Schultz. Carried by the following
vote:
Yeas - Mayor McCauley, Coun-
cilmen Meyers, Pregler, Schultz.
RESOLUTION NO. 175-68
BE IT RESOLVED BY THE CITY
COUNCIL OF THE CITY OF DU-
BUQUE, IOWA:
Section I. That the attached
sheets No.1 to 17 inclusive are
hereby determined to be the sched-
ule of proposed assessments for the
City of Dubuque 1968 Hot Mix-Hot
Laid Asphaltic Concrete Paving
Project No.1 and the valuations
set out therein are hereby approv-
ed.
Adopted this 15th day of April,
1968.
Sylvester McCauley
Mayor
Walter A. Pregler
Merlin F. Schultz
Donald R. Meyers
Councilmen
Attest:
Leo F. Frommelt,
City Clerk
Councilman Pregler moved adop-
tion of the resolution. Seconded by
Councilman Schultz. Carried by the
following vote:
Yeas - Mayor McCauley, Coun-
cilmen Meyers, Pregler, Schultz.
Nays-None.
Absent-Councilman Couchman.
RESOLUTION NO. 176-68
PRELIMINARY ESTIMATE AND
APPROVAL of plans, specifica-
tions, form of contract, plat and
all other documents for construc-
tion of CITY OF DUBUQUE 1968
HOT MIX-HOT LAID ASPHALTIC
CONCRETE PAVING PROJECT
NO.1, on the following named
streets:
1. Asbury Road-from the W.P.L.
of J. F. Kennedy Road to the
W.P.L. of Lot 1-1-1 of Asbury
Park.
2. Asbury Road-from the W.P.L.
of St. Ambrose Street to the
E.P.L. of Bunker Hill Road.
3. Carter Road-from the S.P.L.
of Asbury Road to the N.P.L.
of Mettel-Link Subdivision.
4. Chaney Road-from the S.P.L.
of Asbury Road to the N.P.L.
of Hillcrest Road.
5. Hillcrest Street-from the S.P.
L. of Asbury Road to the E.P.L.
of Carter Road.
6. John F. Kennedy Road-from
the N.P.L. of Asbury Road to
the N.P.L. of Lot 1 of Block 2
of "Highland Subdivision".
7. Julien Dubuque Park Road -
from the S.P.L. of Julien Du.
buque Drive to the TIlinois Cen-
tral Railroad Right-of-way.
8. Kane Street-from the E.P.L.
of Chaney Road to the W.P.L.
of North Grandview Avenue.
210
Special Session, April 15, 1968
9. Loras Boulevard - from the
W.P.L. of Booth Street to the
N.P.L. of University Avenue.
10. Pennsylvania Avenue - from
the N.P.L. of University Avenue
to the E.P.L. of Lot 1-E.'h.2.1-2
of J. P. Mettel's Subdivision.
at an estimated cost of $233,930.94,
presented and read.
Councilman Meyers moved adop.
tion of the resolution. Seconded by
Councilman Schultz. Carried by the
following vote:
Yeas - Mayor McCauley, Coun.
cilmen Meyers, Pregler, Schultz.
Nays-None.
Absent-Councilman Couchman.
(Necessity for Improvement)
RESOLUTION NO. 177-68
WHEREAS, proposed plans, spe-
cififications, form of contract, plat
and schedule have been duly pre-
pared and approved by the City
Council of the City of Dubuque
and are now on file in the office
of the City Clerk showing among
other things the following:
1. The assessment limits of each
street to be improved.
2. The streets to be improved.
3. The width of such improve-
ment.
4. Each lot proposed to be as-
sessed together with a valuation
fixed by the council.
5. An estimate of the cost of the
proposed improvement, stating the
same for each different type of
construction and kind of material
to be used.
6. In each case the amount
thereof which is estimated to be
assessed against each lot, for the
CITY OF DUBUQUE 1968 HOT
MIX-HOT LAID ASPHALTIC CON-
CRETE PAVING PROJECT NO.1.
1. Asbury Road-from the W.P.
L. of J. F. Kennedy Road to
the W.P.L. of Lot 1-1-1 of As-
bury Park.
2. Asbury Road-from the W.P.
L. of St. Ambrose Street to
the E.P.L. of Bunker Hill
Road.
3. Carter Road-from the S.P.L.
of Asbury Road to the N.P.L.
of Mette1-Link Subdivision.
4. Chaney Road-from the S.P.L.
of Asbry Road to the N.P.L.
of Hillcrest Road.
5. HilIcrest Street-from the S.
P.L. of Asbury Road to the
E.P.L. of Carter Road.
6. John F. Kennedy Road-from
the N.P.L. of Asbury Road to
the N.P.L. of Lot 1 of Block 2
of "Highland Subdivision."
7. Julien Dubuque Park Road-
from the S.P.L. of Julien Du-
buque Drive to the Illinois
Central Railroad Right.of.way.
8. Kane Street-from the E.P.L.
of Chaney Road to the W.P.L.
of North Grandview Avenue.
9. Loras Boulevard - from the
W.P.L. of Booth Street to the
N.P.L. of University Avenue.
10. Pennsylvania Avenue - from
the N.P.L. of University Ave-
nue to the E.P.L. of Lot 1-E"".
2.1.2 of J. P. Mettel's Subdivi-
sion.
BE IT THEREFORE RESOLVED
that the City Council on its own
motion or upon petition of prop-
erty owners, deems it advisable
and necessary for the public wel-
fare to make the herein mentioned
improvement, and unless property
owners at the time of the final
consideration of this proposed reso-
lution have on file with the City
Clerk objections to the amount of
the proposed assessments, they
shall be deemed to have waived
all objections thereto.
Said improvements shall be con-
structed and done in accordance'
with the plans and specifications
which have been prepared there-
fore by the City Engineer which
have been approved by the City
Council and are now on file with
the City Clerk. That the cost and
expense of making said improve-
ment wilI be assessed upon and
against all privately owned prop.
erty lying within assessable dis-
tance provided by law and in an
amount not to exceed the amount
provided by law, property wilI be
assessed whether the same abuts
thereon or is adjacent thereto ac-
cording to area and in proportion
to the special benefits conferred
thereby, and any deficiency shall
be paid out of the street fund.
Bonds shall be issued and sold in
anticipation of deferred payments
of assessments when a contract
has been performed and accepted
and the proceeds thereof used to
pay the contractor. The railway
Special Session, April 15, 1968
211
portion of any street or assessment
district shall be assessed to and
paid by the railway company.
The above resolution was intro-
duced, approved and ordered
placed on file with the City Clerk
this 15th day of April, 1968.
Approved and placed on file for
final action.
Approved:
Sylvester McCauley
lIIayor
Walter A. Pregler
Merlin F. Schultz
Donald R. Meyers
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Meyers moved ap-
proval of the resolution. Seconded
by Councilman Schultz. Carried by
the folIowing vote:
Yeas - Mayor McCauley, Coun-
cilmen Meyers, Pregler, Schultz.
Nays-None.
Absent-Councilman Couchman.
(Fixing date of hearing)
RESOLUTION NO. 178-68
WHEREAS, the City Council of
the City of Dubuque, Iowa, has by
Resolution No. 176-68 given its pre-
liminary approval on the proposed
plans, specifications and form of
contract and placed same on file
in the office of the City Clerk
for public inspection, for the City
of Dubuque 1968 Hot Mix.Hot Laid
A'phaltic Concrete Paving Project
No.1.
1. Asbury Road-from the W.P.L.
of J. F. Kennedy Road to the
W.P.L. of Lot 1-1-1 of Asbury
Park.
2. A,bury Road-from the W.P.L.
of St. Ambrose Street to the
E.P.L. of Bunker Hill Road.
3. Carter Road-from the S.P.L.
of Asbury Road to the N.P.L. of
Mettel-Link Subdivision.
4. Chaney Road-from the S.P.L.
of Asburv Road to the N.P.L. of
Hillcrest Road.
5. Hillcrest Street-from the S.P.
L. of A'burv Road to the E.P.L.
of Carter Road-
6. John F. Kennedy Road-from
the N.P.L. of Asbury Road to
the N.P.L. of Lot 1 of Block 2
of "Highland Subdivision."
7. Julien Dubuque Park Road -
from the s.P.L. of Julien Du-
buque Drive to the Illinois Cen-
tral Railroad Right.of-way.
8. Kane Street-from the E.P.L.
of Chaney Road to the W.P.L. of
North Grandview Avenue.
9. Loras Boulevard-from the W.
P.L. of Booth Street to the N.P.
L. of University Avenue.
10- Pennsylvania Avenue-from the
N.P.L. of University Avenue to
the E.P.L. of Lot l-E.'>2-2-1-2 of
J. P. Mettel's Subdivision.
and,
WHEREAS, the proposed Resolu-
tion of Necessity for said improve-
ment has been introduced and is
now on file in the City Clerk's of-
fice for public inspection,
BE IT THEREFORE RESOLVED
that on the 13th day of May, 1968,
a public hearing wilI be held at
7:30 o'clock P.M. D.S.T. in the
Council ChambeT in the City of
Dubuque at which time tbe owners
of property subject to assessment
for the proposed improvement may
appear and make objection to the
proposed plans and specifications
and proposed form of contract and
at the same time to the boundaries
of the proposed district, to the cost
of the improvement, to the amount
proposed to be asses..d against
any lot and to the passage of the
proposed Resolution of Ne~.ssity
and the City Clerk be and he I.
hereby directed to cause a notice
of the time and place of such hear-
ing to be published in some news.
Daper published in the City of Du-
buque, the last of which shaII be
not less than two (2) nor more than
four (4) weeks prior to the day
fixed for its consideration and un-
less property owners at the time
of final consideration of said reso-
lution have on file with the Clerk
ohjections to the amount of the
propo,ed assessment. they shall
have been deemed to have waived
aII objections thereto. at which
hearing the Council will hear such
objections and enter on record its
final decision thereon.
Passed. adopted and aoproved
this 15th day of April, 1968.
Sylvester McCauley
lIIayor
Walter A. Pre¡(ler
Merlin F. Schultz
Donald R. lII""ers
Councilmen
Attest:
Leo F. Frommelt,
City Clerk
212 Special Session, April 15, 1968
Councilman Schultz moved adop- RESOLUTION NO. 180-68
tion of the resolution. Seconded by PRELIMINARY ESTIMATE AND
Councilman Meyers. Carried by the APPROVAL of proposed plans,
following vote: specifications, form of contract,
Yeas - Mayor McCauley, Coun- plat and all other documents for
cilmen Meyers, Pregler, Schultz. the construction of CITY OF DU-
Nays-None. BUQUE 1968 CONCRETE PAVING
Absent-Councilman Couchman. WITH INTEGRAL CURB PROJ-
April 15 1968 ECT NO.1 on the following named
To the Honorable Mayor' streets:
and City Council 1. Maple Street from the N.P.L.
Gentlemen: of East 16th Street to the S.P.
I hereby submit the attached L. of East 18th Street.
sheets No.1 to 3 inclusive showing 2. East Seventeenth Street from
a schedule of the proposed valua- the W.P.L. of Maple Street to
tions and assessments for the City RR. tracks,
of Dubuque 1968 Concrete Paving at an estimated cost of $34,854.44,
with Integral Curb Project No.1. presented and read.
Submitted April 15th 1968. Councilman Meyers moved adop-
John L.' White tion of the resolution. Seconded by
City En'gineer Councilman Schultz. Carried by
Councilma!' Schultz moved that th~:~;I~i~a;~~e~CCaUley, Coun-
t!,e commumcatlOn be recelve~ and cilmen Meyers, Pregler, Schultz.
flied. Secon~ed by Councll~an Nays-None.
~~:!:ler. CarrIed by the followmg Absent-Councilman Couchman.
Yeas-Mayor McCauley, Council- (Necessity for Improvement)
men Meyers, Pregler, Schultz. RESOLUTION NO. 181-68
Nays-None. WHEREAS, proposed plans, spec-
Absent-Councilman Couchman. ifications, form of contract, plat
and schedule have been duly pre-
pared and approved by the City
Council of the City of Dubuque
are now on file in the office of the
Ciiy Clerk showing among other
things the following:
1. The assessment limits of each
street to be improved.
2. The streets to be improved.
3. The width of such improve-
ment.
4. Each lot proposed to be as-
sessed together with a valuation
fixed by the council.
5. An estimate of the cost of
the proposed improvement, stating
the same for each different type of
construction and kind of material
to be used.
6. In each case the amount
thereof which is estimated to be
assessed against each lot, for the
City of Dubuque 1968 Concrete
Paving with Integral Curb Project
No.1 on the following named
streets:
1. Map]e street from the N.P.L.
of East 16th Street to the S.P.L.
of East 18th Street.
2. East Seventeenth street from
the W.P.L. of Maple Street to the
RR. tracks.
BE IT THEREFORE RESOLVED
that the City Council on its own
RESOLUTION NO. 179-68
BE IT RESOLVED by the City
Council of the City of Dubuque,
Iowa:
Section 1. That the attached
sheets No.1 to 3 inclusive are
hereby determined to be the
schedule of proposed assessments
for the City of Dubuque 1968
Concrete Paving with Integral
Curb Project No.1 and the valua-
tions set out therein are hereby
approved.
Adopted this 15th day of April,
1968.
Sylvester McCauley
Mayor
Walter A. Pregler
Merlin F. Schultz
Donald R Meyers
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Schultz moved adop-
tion of the resolution. Seconded by
Councilman Pregler. Carried by
the following vote:
Yeas - Mayor McCauley, Coun-
cilmen Meyers, Pregler, Schultz.
Nays-None.
Absent-Councilman Couchman.
Special Session, April 15, 1968
213
motion or upon petition of proper-
ty owners, deems it advisable and
necessary for the public welfare
to make the herein mentioned im-
provement, and unless property
owners at the time of the final
consideration of this proposed
resolution have on file with the
City Clerk objections to the
amount of the proposed assess-
ments, they shall be deemed to
have waived all objections thereto.
Said improvements shall be con-
structed and done in accordance
with the plans and specifications
which have been prepared there-
fore by the City Engineer which
have been approved by the City
Council and are now on file with
the City Clerk. That the cost and
expense of making said improve-
ment will be assessed upon and
against all privately owned proper-
ty lying within assessable distance
provided by law and in an amount
not to exceed the amount provided
by law, property will be assessed
whether the same abuts thereon or
is adjacent thereto according to
area and in proportion to the spec.
ial benefits conferred thereby, and
any deficiency shall be paid out of
the street fund, bonds shall be is-
sued and sold in anticipation of
deferred payments of assessments
when a contract has been perform.
ed and accepted and the proceeds
thereof used to pay the contractor.
The railway portion of any street
or assessment district shall be as-
sessed to and paid by the railway
company.
The above resolution was intro.
duced, approved and ordered plac.
ed on file with the City Clerk this
15th day of April, 1968.
Approved and placed on file for
final action.
Sylvester McCauley
Mayor
Walter A. Pregler
Merlin F. Schultz
Donald R. Meyers
Councilmen
Attest:
Leo F. Frommelt,
City Clerk
Councilman Meyers moved ap.
proval of the resolution. Seconded
by Councilman Schultz. Carried by
the following vote:
Yeas - Mayor McCauley, Coun-
cilmen Meyers, Pregler, Schultz.
Nays-None.
Absent-Councilman Couchman.
(Fixing date of hearing)
RESOLUTION NO. 182-68
WHEREAS, the City Council of
the City of Dubuque, Iowa, has by
Resolution No. 180.68 given its
preliminary approval on the pro-
posed plans, specifications and
form of contract and placed same
on file in the office of the City
Clerk for public inspection, for
the City of Dubuque 1968 Con-
crete Paving with Integral Curb
Project No.1 on the following
named streets:
1. Maple Street from the N.P.L.
of East 16th Street to the s.P.
L. of East 18th Street.
2. East Seventeenth Street from
the W.P.L. of Maple street to
the R.R tracks.
and,
WHEREAS, the proposed Reso-
lution of Necessity for said im-
provement has been introduced
and is now on file in the City
Clerk's office for public inspec-
tion.
BE IT THEREFORE RESOLVED
that on the 13th day of May 1968,
a public hearing will be held at
7:30 o'clock P.M. D.S.T. in the
Council Chamber in the City of
Dubuque at which time the owners
of property subject to assessment
for the proposed improvement may
appear and make objection to the
proposed plans and specifications
and proposed form of contract and
at the same time to the boundaries
of the proposed district, to the
cost of the improvement, to the
amount proposed to be assessed
against any lot and to the passage
of the proposed Resolution of Ne-
cessity and the City Clerk be and
he is hereby directed to cause a
notice of the time and place of
such hearing to be published in
some newspaper published in the
City of Dubuque, the last of
which shall be not less than
two (2) nor more than (4) weeks
prior to the day fixed for its con-
sideration and unless property
owners at the time of final consid-
eration of said resolution have on
file with the Clerk objections to
the amont of the proposed assess-
ment, they shall have been deemed
to have waived all objections
thereto, at which hearing the
Council will hear such ohjections
","'
214 Special Session, April 15, 1968
a!,d enter on record its final de- I BE IT RESOLVED by the City
ClSlOn thereon. Council of the City of Dubuque,
~assed, adopted ~nd approved Iowa, that the following applica-
this 15th day of AprIl, 1968. tions be granted and licenses is-
Sylvester McCauley sued upon the compliance with the
Mayor terms of the ordinances of the
Walter A. Pregler City.
Merlin F. Schultz
Donald R. Meyers CLASS "B" BEER PERMIT
Councilmen Lois M. Morarend, 700 East 16th
Attest: Street
Leo F. Frommelt Karl Henry Oleson, 1701 Asbury
City Clerk Street
CouncHman Schultz moved adop- Kathleen L. Wedig, 1399 Jackson
tion of the resolution. Seconded by Street
Councilman Pregler. Carried by Raymond L. Ney, 2186 Central
tbe following vote: Avenue
Yeas - Mayor McCauley, Coun. Betty Schmitt, 115 East 22nd Street
cilmen Meyers, Pregler, Schultz. Passed, adopted and approved
Nays-None. this 15th day of April, 1968.
Absent-CouncHman Couchman. Sylvester McCauley
Mayor
RESOLUTION NO. 183-68 Walter A. Pregler
BE IT RESOLVED by the City Merlin F. Schultz
Council of the City of Dubuque, Donald R. Me~ers
Iowa, that the following having Councllmen
complied with tbe provisions of
law relating to the sale of Cigar-
ettes within the City of Dubuque,
Iowa, be granted a permit to sell
Cigarettes and Cigarette Papers
within said City.
Name Address
Lois M. Morarend, 700 East 16th
Street
Betty Schmitt, 115 East 22nd Street
BE IT FURTHER RESOLVED
that the bonds filed with the appli-
cation be approved.
Passed, adopted and approved
this 15th day of April, 1968.
Sylvester McCauley
Mayor
Walter A. Pregler
Merlin F. Schultz
Donald R. Meyers
Councilmen
Attest:
Leo F. Frommelt,
City Clerk
Councilman Pregler moved adop.
tion of the resolution. Seconded by
Councilman Meyers. Carried by the
following vote:
Yeas - Mayor McCauley, Coun-
cilmen Meyers, Pregler, Schultz.
Nays-None.
Absent-Councilman Schultz.
'RESOLUTION NO. 18.u8
WHEREAS, applications for Beer
Permits have been submitted to
this Council for approval and the
same have been examined: NOW
THEREFORE:
Attest:
Leo F. Frommelt
City Clerk
Councilman Meyers moved adop-
tion of the resolution. Seconded
by CouncHman Schultz. Carried by
the following vote:
Yeas - Mayor McCauley, Coun-
cilmen Meyers, Pregler, Schultz.
Nays-None.
Absent-Councilman Couchman.
RESOLUTION NO. 185-68
WHEREAS, applications for Beer
Permits were filed by the within
named applicants and they have
received the approval of this Coun-
cil, and
WHEREAS, the premises to be
occupied by such applicants were
inspected and found to comply
with the ordinances of this City
and they have filed proper bonds:
NOW THEREFORE, BE IT RE-
SOLVED by the City Council of the
City of Dubuque, Iowa, that the
Manager be and he is hereby di-
rected to issue to the following
named applicants a Beer Permit.
CLASS "B" BEER PERMIT
Lois M. Morarend, 700 East 16th
Street
Karl Henry Oleson, 1701 Asbury
Street
Kathleen L. Wedig, 1399 Jackson
Street
Raymond Ney, 2186 Central Av-
enue
Betty Schmitt, 115 East 22nd Street
Special Session, April 15, 1968
215
BE IT FURTHER RESOLVED
that the bonds filed by such appli.
cants be and the same are hereby
approved.
Passed, adoPted and approved
this 15th day of April, 1968.
Sylvester McCauley
Mayor
Walter A. Pregler
Merlin F. Schultz
Donald R. Meyers
Councilmen
Attest:
Leo F. Frommelt,
City Clerk
Councilman Pregler moved adop.
tion of the resolution. Seconded by
Councilman Schultz. Carried by the
fallowing vote:
Yeas - Mayor McCauley, Coun.
cilmen Meyers, Pregler, Schultz.
Nays-None.
Absent-Councilman Couchman.
RESOLUTION NO. 186-68
WHEREAS, applications for Liq-
uor Permits have been submitted
to this Council for approval and
the same have been examined,
NOW THEREFORE, BE IT RE-
SOLVED by the City Council of
the City of Dubuque, Iowa, that
the fOllowing applications be
granted and licenses issued upon
the compliance with the terms of
the IOWA LIQUOR CONTROL
ACT - Chapter 123 - as amended
by the 60th General Assembly,
1963.
CLASS "C" COMMERCIAL
ESTABLISHMENT
Lois M. Morarend, 700 East 16th
Street (Effective April 29, 1968)
Raymond L. Ney, 2186 Central
Avenue
Passed, adopted and approved
this 15th day of April, 1968.
Sylvester McCauley
Mayor
Walter A. Pregler
Merlin F. Schultz
Donald R. Meyers
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Schultz moved adop.
tion of the resolution. Seconded
by Councilman Meyers. Carried by
the following vote:
Yeas - Mayor McCauley, Coun.
cHmen Meyers, Pregler, Schultz.
Nays-None.
Absent-Councilman Couchman.
RESOLUTION NO. 187-68
WHEREAS, applications for Liq.
uor Permits were filed by the
within named applicants and they
have received the approval of this
Council, and
WHEREAS, the premises to be
occupied by such applicants were
inspected and found to comply with
the State Law and all City ordin-
ances relevant thereto and they
have filed proper bonds;
NOW THEREFORE BE IT RE.
SOLVED by the City Council of
Dubuque, Iowa that the Manager
be authorized to cause to be issued
to the following named applicants
a Liquor Permit.
CLASS "C" COMMERCIAL
ESTABLISHMENT
Lois M. Morarend (Effective April
29, 1968), 700 East 16th Street
Raymond L. Ney, 2186 Central Av.
enue
Passed, adopted and approved
this 15th day of April, 1968.
Sylvester McCauley
Mayor
Walter A. Pregler
Merlin F. Schultz
Donald R. Meyers
Councilmen
Attest:
Leo F. Frommelt,
City Clerk
Councilman Meyers moved adop.
tion of the resolution. Seconded by
CouncHman Pregler. Carried by the
following vote:
Yeas-Mayor McCauley, Council.
men Meyers, Pregler, Schultz.
Nays-None.
Absent-Councilman Couchman.
Mayor McCauley moved that
Thomas A. Voelker be appointed to
the Board of Zoning Adjustment
to fill the unexpired term of Allan
J. Klein to 3-5-71. Seconded by
CouncHman Pregler. Carried by the
following vote:
Yeas-Mayor McCauley, CouncH-
men Meyers, Pregler, Schultz.
Nays-None.
Absent-Councilman Couchman.
Mayor McCauley moved that Ger-
ard B. Noonan be re.appointed to
the Civil Service Commission for
a six year term to 3.31-74; Fred
E. Bissell Jr. be re-apPointed to the
Planning & Zoning Commission
for a five year term to 5.24-73;
George Deininger be re.appointed
to the Planning & Zoning Commis-
sion for a five year term to 5.24-73;
216
Special Session, April 15, 1968
and the Council thought it best to
wait until the hearing is completed.
There being no further business
Councilman Pregler moved to ad-
journ. Seconded by Councilman
Meyers. Carried by the following
vote:
Yeas-Mayor McCauley, Council.
men Meyers, Pregler, Schultz.
Nays-None.
Absent-Councilman Couchman.
Leo F. Frommelt,
City Clerk
Lester J. Streinz be re-appointed to
the Board of Zoning Adjustment
for a five year term to 3.5-73;
Walter Lundeen be re.appointed
to the Police and Fire Pension &
Retirement Board for a four year
term to 4-1-72; Clarence Brashaw,
Theodore Glass, and John E. Brown
be re-appointed to the Board of
Heating, Ventilating. Air Condi-
tioning & Refrigeration for three
year terms to 3-16-71. Seconded by
Councilman Meyers. Carried by the
following vote:
Yeas-Mayor McCauley, Council-
men Meyers, Pregler, Schultz. I Approved ....................................1968
Nays-None.
Absent-Councilman Couchman.
Councilman Schultz moved that I Adopted ......................................1968
the rules be suspended in order to
let anyone present address the
Council if they so desire. Seconded
by Councilman Pregler. Carried
by the following vote:
Yeas-Mayor McCauley, Council-
men Meyers, Pregler, Schultz.
Nays-None.
Absent-Councilman Couchman.
Mr. Fred Tippe of 1000 Kelly
Lane claimed that he is a victim
of injustice as to the enforcement
being exercised by the building
department relative to the build.
ing of his home. He seemed to have
made a two family home out of a
single family residence, which is
contrary to t~e building cod~. At I
the present time the matter IS to I Attest: ................................................
come up for a hearing in the court City Clerk
""""""""""""""""""""""""""""""
Councilmen
Special Session, April 22, 1968
217
CITY COUNCIL
OFFICIAL
Soecial SessIon, April 22,
1968.
Council met at 7:30 P.M.
(C.S.T.)
Present - Mayor McCaulay,
Councilmen Couchman, Meyers,
Pregler, Schultz. City Manager
Gilbert D. ChavenelJe.
Mayor McCauley read the call
and stated that service thereof had
been duly made and this meeting
is called for the purpose of
awarding contracts for the con-
struction of Iowa Street, Fifth
Stroot, Eighth Street storm sewers
and the Iowa Street sanitary sew-
er and sub-mains, in the urban
renewal area, and acting upon
such other business as may prop-
erly come before a regular meet-
ing of the City Council.
Commnication of Dubuque In-
dustrial Bureau, Mayors Industrial
Committee, submitting an applica-
tion from Vallet Poultry and rec-
ommending sale of a parcel of
real estate facing 12th Street near
9th & Kerper, 51200 square feet at
2~, $10,240, presented and read.
Councilman Pregler moved that
the offer of purchase be approved
and referred to the City Solicitor
for proper proceedings. Seconded
by Councilman Schultz. Carried by
the following vote:
Yeas - Mayor McCauley, Coun-
cilmen Couchman Meyers, Pregler,
Schultz.
Nays-None.
CommUnication of Dubuque In-
dustrial Bureau, Mayors Industrial
Committee, submitting an applica-
tion from Gierke Robinson Co. and
Midwest Wheel & Rim Company,
co-purchasers, and recommending
sale of a parcel of real estate fac-
ing 12th Street from Kerper Blvd.
to a point approximately 1000'
west of Kerper Blvd. containing
64,000 sqare feet, at 20ø per square
foot, $12,800, presented and read.
Councilman Pregler moved that
the offer of purchase be approved
and referred to the City Solicitor
for proper proceedings. Seconded
by Councilman Schultz. Carried by
the following vote:
Yeas - Mayor McCauley, Coun-
cilmen Couchman, Meyers, Pregler,
Schultz.
Nays-None.
ACCEPTANCE OF FRANCHISE
The undersigued, Northern Nat.
ural Gas Company, a corporation,
(operating as PEOPLES NATUR-
AL GAS division), for itself, its
successors and assigns, hereby ac-
cepts that certain ordinance, desig.
nated as Ordinance No. 17-68,
granting to said Northern Natural
Gas Company, a Corporation, (op-
erating as PEOPLES NATURAL
GAS division), a franchise to Con-
struct, maintain and operate a sys-
tem of mains, pipes, services and
other appliances, in, upon, over,
across and along the streets and
public places of the City of Du-
buque, Iowa, for the purpose of
transmitting, distributing and sell-
ing gas for lighting, heating, indus.
trial and other uses in said City,
which was passed and adopted by
the City Council on the 4th day
of March, 1968, this acceptance
being made in compliance with
Section 9 of said Ordinance.
Dated at Omaha, Nebraska, this
11th day of April, 1968.
Northern Natural Gas Company,
a corporation, (Operating as PEO.
PLES NATURAL GAS division).
S. M. Sawtell
Assistant Secretary
By Gordon Severa
Vice President of Division
(Corporate Seal)
Acknowledgement and VerificatIon
of Acknowledgment of Filing of
Acceptance of Franchise.
The receipt and filing of the
foregoing Acceptance of Franchise
pursuant to the provisions of Ordi.
nance No. 17-68, of the City of Du.
buque, Iowa is hereby acknowl-
edged and verified this 16th day
of April, 1968.
Leo F. Frommelt
Clerk
(City Seal)
Mayor McCauley moved that the
acceptance be received and made
a matter of record. Seconded by
Councilman Pregler. Carried by
the following vote:
Yeas - Mayor McCauley, Coun-
cilmen Couchman, Meyers, Preg-
ler, Schultz.
Nays-None.
- ..
218
Special Session, April 22, 1968
April 22, 1968
To the Honorable Mayor and
City Council,
Gentlemen:
This is to advise that I have
approved the following bonds and
policies and desire to have your
approval on same.
COMPREHENSIVE LIABILITY
Tri.State Paving Company, Bitu-
minous Casualty Corporation
SIDEWALK
Hillcrest Builders, Inc., Hawkeye-
Security Insurance Co.
Richard Huseman & Louis Huse-
man, Merchants Mutual Bonding
Co.
Dick Loetscher, Inc., Continental
Casualty Company
William O'Neill, Merchants Mu-
tual Bonding Co.
Respectfully,
Gilbert D. Chavenelle
City Manager
Councilman Pregler moved that
filing of the policy and bonds be
approved subject to approval of
the City Solicitor. Seconded by
Councilman Couchman. Carried by
the following vote:
Yeas-Mayor McCauley, Council-
men Couchman, Meyers, Pregler,
Schultz.
Nays-None.
April 16, 1968
Hon. Mayor & City Council
Gentlemen:
In connection with the petition
presented to the City Council by
owners of real estate and oc-
cupants the reo f abutting the
premises known as "Becker Quar.
ry" after the matter was discussed
at the Council Meeting two weeks
ago and all of the parties were
heard including the attorneys for
the respective parties, this matter
was referred to the City Attorney
for an opinion concerning same,
which opinion was to be rendered
after conferring with Mr. David
Hammer, attorney for the com-
plainants and Mr. Hal Reynolds,
attorney for the Becker Quarry.
I met wiih Mr. Hammer and
Mr. Reynolds on April 13th and
arrived at the position of the
parties. From Mr. Hammer's stand-
point it would appear that the
City would have the following al.
tematives available to it, which
are his view of said alternatives:
"I. Refuse permit and require
alternate methods of blasting.
2. Hire an expert to determine
the effects of blasts.
3. Enjoin the blasting as a pub-
lic nuisance.
4. Place seismographs around
designated homes during blast-
ing."
Mr. Reynold's position on be-
half of his client essentially may
be stated as holding that for the
City Council to interject itself into
this matter would he an instance
of the City Council attempting to
judicate matters of fact which are
properly to be determined and
should be determined in a civil
action in a court of law, and that
if the City were to summarily
deny Becker Quarry a permit un-
der the circumstances and under
the existing facts as known that
such would deprive the Becker
Quarry owners to the reasonable
use of their property and there.
fore subject the City to respond
in damages, if any, they might
suffer by reason of such denial
of permit under the existing facts.
I was present at the Council
Meeting two weeks ago and heard
the public discussion concerning
the Becker Quarry operation and
also heard the arguments of Coun-
sel and thereafter I reviewed the
detailed report of the City En-
gineer together with the exhibits
attached to said report as well as
the report bearing date of Decem-
ber 4 and 5, 1967 of Neal O. Ham-
man who made a general report
on the blasting claims resulting
from the use of explosives in
Becker Quarry in Dubuque, Iowa,
and I also examined the author-
ities cited by Mr. Hammer in
support of his position.
The two principal cases, as I
understand it, upon which Mr.
Hammer relied were as follows:
East Arkansas Construction Co.
vs. James, et ai, 1995W2d 589,
February 17, 1947. In this case
construction company in suit by
residential occupants or owners
abutting was enjoined from oP-
erating rock crusher between
7:00 P.M. and 7:00 A.M. and
which injunction was made per.
manent. The Supreme Court of
Arkansas affirmed on appeal
and noted the testimony of wit-
nesses that from 8 to 12 heavy
gravel trucks were used most
of the time, being frequently
compelled to reduce speed on
Special Session, April 22, 1968
219:
account of road conditions and
shift gears; that this sometimes
caused "back.firing" and other
emergency rwises; that head-
lights from trucks f I a sh e d
through windows and that the
entire area was brilliantly il-
luminated to facilitate work;
tbat because of the noise em-
ployees who had to communi-
cate with each other spoke loud.
Iy while occasionally crude jokes
were told and that the effect
was ...me of the residents were
unable to gain sleep until ex-
haustion set in, often after 2:00
o'clock A.M.
In tbe caSe of Benton, et al VI.
Koman, et aI, T3 Atlantic 2nd
825 New Jersey, June 20, 1940,
Complainants, (48 in number)
brought action to restrain the
defendants from operating their
trap rock quarry and "Kernan-
O.Mix" business in such a man-
ner as to constitute a nuisance
and permanent injunction was
granted and enjoining defend.
ants fro m discharging such
blasts of dynamite or other ex-
plosives in the operation of the
quarry owned by defendants as
to jar the dwelling houses or
other buildings of any of the
complainants or cause same to
shake or vibrate or cause stones
to be cast upon the premises
of any of the complainants or
to cause such noise as will oc.
casion a nuisance, disturbance
or annoyance to any of the
complainants and their families
in the enjoyment of their re-
spective houses and grounds
upon which they stood.
In its opinion the court noted
the complainants' houses were I
located within a radius of about 'I
1500 feet of the quarry and the
court experienced the vibrations
complained of caused by two
blasts set off with 135 pounds
and 115 ponnds of dynamite
respectively while the court was
in the houses of the two of the
named complainants respective-
ly.
In examining the report of the
City Engineer together with the
supporting data and the various
communications attached thereto
it would appear that the City has
instituted reasonable regulations
governing the blasting operations
at the Recker QUarTy and there
does Bot appear to be any en.
dence to support the denia.! or
refusal to issue a permit by the
City to the owners of Recker
Quarry except the contention of
the property owners who have
complained to the City Council.
Were the City to refuse to issue
a permit to the owners of Becker
Quarry or to require tItem to use
some sltemati... method "'ould
expose the City of Dubltque to a
claim by the Becker Quarry own-
ers tllat its action in ""clio refusal
",as arbitrary and capricious and
tllat the City of Dubuque could
very well be held to respond ia
damages for any that could be
shown by reasoll of sa"" refusal
by the Becker Quarry owners.
It is my opinion that then! is
not sufficient evidenee at hand
that would ",a"ant the City com-
mencing an action to eujoin the
the blasting operations in the
Becker Quarry as 8 public nui-
sance when in truth and in fact
StICh an action for an injunction
would necessarily require that the
City have evidence separate and
heyond its own engineering de-
partment and the various reports
that have been attached to the
City Engineer's report of the
blasting 0 p e ra t ions at Recker
QUarTy.
In conclusion therefore, It Is
my opinion that the City of Du-
buque should not refuse or deny
the issuance of a permit for blast-
ing to the owners of Becker Quar-
ry and that the City of Dubltque
should not bring any action to
enjoin tbe blasting operations in
the Becker Quarry as a public
nuisance but that In fact If the
complainants' position can be sup-
ported by evidence that a court
of equity would grant relief.
I have not devoted any atten-
tion to the other alternatives as
suggested by the complainants as
I believe they present DO legal
question to be resolved.
Respectfully submitted.
R. N. Russo
City Attorney
Councilman Pregler moved that
the communication be received
and filed. Seconded by Council-
man Sehultz. CarrlBd by the fol-
lowing vote:
Yea5-Mayor McCauley, Council-
220
Special Session, April 22, 1968
men Couchman, Meyers, Pregler,
Schultz.
Nays-None.
Mayor McCauley further moved
that the recommendation of the
City Solicitor be adopted. Second-
ed by Councilman Pregler. Car-
ried by the following vote:
Yeas-Mayor McCauley, Council-
men Couchman, Meyers, Pregler.
Nays-Councilman Schultz.
Mayor McCauley moved that the
rules be suspended in order to let
anyone present address the Coun-
cil if they so desire. Seconded by
Councilman Pregler.. Carried by
the following vote:
Yeas-Mayor McCauley, Council-
men. Couchman, Meyers, Pregler,
Schultz.
Nays-None.
Attorney David L. Hammer as
a representative of the complain-
ing citizens as to the operation
of the Becker quarry stated that
what they are actually seeking is
a test run as to blasting in the
quarry. His clients are willing to
seek professional advice, namely a
blasting expert, to see if there is
any damage to homes in the area.
Fifty four home owners involved
that claim damages from the quar-
ry.
Attorney Hal Reynolds, repre-
senting the Becker interests, stat-
ed that one expert opinion has
been given to the City. If one
expert says yes and the other says
no, what action would the Council
then take? Addressing the Coun-
cil further he asked are you will-
ing to constitute yourself a jury?
Various citizens from the area
appeared before the Council a
second time voicing their objec-
tions to the blasting operations.
Proof of Publication, certified
to by the Publisher, of notice of
public hearing to amend the Zon.
ing Map and Zoning Ordinance
so as to classify recently annexed
territory described as Lot 1 of
NW'4 of NW'4 Sec. 6 Twp 88 N.
R. 3E of 5th P. M. as Heavy Indus-
trial District Classification, pre-
sented and read.
No written objections were filed
and no oral objectors were present
in the Council Chamber at the
time set for the public hearing.
Mayor McCauley moved that the
proof of publication be received
and filed. Seconded by. Council-
man Pregler. Carried by the fol-
lowing vote:
Yeas-Mayor McCauley, Council-
men Couchman, Meyers, Pregler,
Schultz.
Nays-None.
ORDINANCE NO. 20-68
An Ordinance amending and
chenging Ordinance No. 3-34
known as the Zoning Map and
Zoning Ordinance of the City
of Dubuque, Iowa, so as to
classify recently annexed te....
ritory to the City of Dubuque,
Iowa es a "Heavy Industrial
District" classification,
said Ordinance having been pre-
viously presented and read at the
Council meeting of March 18, 1968,
presented for final adoption.
ORDINANCE NO.
AIt"t, L.. F. F>ommeit
City CI..k
H:',~~~;'~~~,~~~~~OI¡~I' I~6J.h"oJe~~:,~i
"". L.. F. F>ommeit
City CI..k.
It. 4-26
Councilman Pregler moved final
adoption of the Ordinance. Second-
ed by Councilman Couchman. Car-
ried by the following vote:
Yeas-Mayor McCauley, Council-
men Couchman, Meyers, Pregler,
Schultz.
Nays-None.
Proof of Publication, certified
to by the Publisher of notice of
public hearing to amend tbe Zon-
ing Map and Zoning Ordinance so
as to change the east 60' of Lot 2
of Lot 6-F; the east 60 feet of
Lot 2 of 4-D; and the east 60'
of Lot 2 of 1 of 4-D, in L. H.
Langworthy Addn. from Multiple
Family I\esidence to Business Dis-
Special Session, April 22, 1968
trict Classification, presented and
read.
No written objections were filEd
and no oral objectors were present
in the Council Chamber at the time
set for the public hearing.
Councilman Pregler moved that
the proof of publication be re-
ceived and filed. Seconded by
Councilman Meyers. Carried by
the following vote:
Yeas-Mayor McCauley, Council-
men Couchman, Meyers, Pregler,
Schultz.
Nays-None.
ORDINANCE NO. 22-68
An Ordinance amending and
changing Ordinence No. 3-34
known as the Zoning Map and
Zoning Ordinance of thB City
of Dubuque so as to changa
certain property hereinefter
described from "Multiple Fam-
ily Residence District" classi-
fication to "Business District"
classification,
said Ordinance having been previ-
ously presented and read at the
Council meeting of March 25,
1988, presented for final adoption.
ORDINANCE NO. 22'"
ING AND
NO. 3-34
-Nt,!' c1¥?
.NGE
NAF-
IPLE
ICT"
OIS.
NED
THE
Alte't' F. Frommelt
New'~~~~'~;¡~I' ;~6J.h"oJe:19~:,~i
1
Leo F. Frommelt
CIty Clerk.
It. 4-26
Councilman Meyers moved final
adoption of the Ordinance. Second.
ed by Councilman Schultz. Carried
by the following vote:
Yeas-Mayor McCauley, Council-
men Couchman, Meyers, Pregler,
Schultz.
Nays-None.
ORDINANCE NO. 23-68
An Ordinance amending and
changing Ordinance No. 3-34
known as the Zoning Map and
Zoning Ordinance of the City
of Dubuque so as to change
certain property hereinafter
described from "Multiple Fam-
ily ResidBnce District" classi-
fication to "Business District"
classification, (property south
of 22nd Street, adjoins Heeb
street, lies 100' west of Cen-
tral Avenue),
presented and read.
Councilman Meyers moved that
the reading just had be considered
the first reading of the Ordinance.
Seconded by Councilman Pregler.
Carried by the following vote:
Yeas-Mayor McCauley, Council-
men Couchman, Meyers, Pregler,
Schultz.
Nays-None.
Councilman Meyers moved that
the rule requiring an Ordinance
to be read on three separate days
be waived. Seconded by Council-
man Pregler. Carried by the fol-
lowing vote:
Yeas-Mayor McCauley, Council-
men Couchman, Meyers, Pregler,
Schultz.
Nays-None.
Councilman Meyers moved that
a public hearing be held on the
Ordinance on June 3, 1968, at 7:30
O'Clock P. M. DaYlight Saving
Time, in the Council Chamber at
the City Hall and that the City
Clerk be instructed to publish no-
tice of the hearing in the manner
required by law. Seconded by
Councilman Pregler. Carried by
the following vote:
Yeas-Mayor McCauley, Council-
men Couchman, Meyers, Pregler,
Schultz.
Nays-None.
ORDINANCE NO. 24-68
An Ordinance emending and
changing Ordinance No. 3-34
known as the Zoning Map and
Zoning Ordinance of the City of
Dubuque so as to change certain
property hereinafter described
from "Single Family Residence
District" classification to "Multi-
plB Family RBsidence District"
Classification, (property located
On north side of Fremont Ave-
nue and lies adjacent to the cor-
poration line),
presented and read.
221
222
Special Session, April 22, 1968
Councilman Couchman moved
that the reading just had be con-
sidered the first reading of the
Ordinaoce. Seconded by Council.
maa Schultz. Carried by the fol-
lowing vote:
Yeas - Mayor McCauley, Coun-
cil- Couchman, Meyers, Preg-
ler, Schultz.
Nay~No.....
CoUllcilman CouclnnaD moved
tløt the rule requiring an Ordi-
nam:e to be read 011 three separate
days be waived. SeOOllded by Coun-
cilman Schultz. Carried by the fol-
lowing vote:
Yeas - Mayor McCauley, Coun-
cilmen Couchman, Meyers, Preg-
ler, Schultz.
Nays-None.
Councilman Meyers moved that a
public hearing be held on the Or-
dinance on June 3rd, 1968, at 7:30
o'clock P.M. Daylight Saving Time,
in the Council Chamber at the
City Hall and that the City Clerk
be instructed to publish notice of
the beariBg in the manner re-
quired by law. Seconded by Coun-
cilman Schultz. Carried by the fol-
lowing vGie:
Yeas - Mayor McCanley, Coun-
cilmen Couchman, Meyers, Preg-
ler, Schultz.
Nays-N<me.
Petiti.... of Peoples Natural Gas
requesting permission to excavate
on 21()2 WiDdsor Avenue to repair
rootomer service, presented and
read. Councilm... Pregler approved
the petition. SeeotIded by Council-
man Schultz. Carried by the fol.
IewiJ>g vote:
Yeas - Mayor McCauley, Coun-
cilmen Couchman, Meyers, Preg-
\eI', Schultz.
Nays--N"",e.
Petition of Renier Realty Co. re-
questing permission to retain their
prese.at location at 5ZO Main Street
""ther than relocate due to Urban
Renewal, presented and read. Ma-
yor McCauley moved that the pe-
û.tion be received and filed. Sec-
onded by Councilman Schultz. Car-
ried by the following vote:
Yeas - MlIYor McCauley, Coun-
cilme. Couchman, Mer"'"', Preg-
ler, Sclwltz.
NIIYs-None.
petiti&n of V.F.W. requesting
pennission to conduct tlteir annual
poppy day sale on May 17th and
18th, presented and read. Council-
man Pregler moved that the peti-
tion be referred to the Mayor and
City Manager. Seconded by Coun-
cilman Couchman. Carried by the
following vote:
Yeas - Mayor McCauley, Coun-
cilmen Couchman, Meyers, Preg-
ler, Schultz.
Nays-None.
Petition of V.F.W. Memorial Day
Committee requesting permission
to conduct a Memorial Day Parade
on May 30th, presented and read.
Councilman Meyers moved that the
petition be referred to the Mayor
and City Manager. Seconded by
Councilman Pregler. Carried by
the foIlowing vote:
Yeas - Mayor McCanley, Coun-
cilmen Couchmen, Meyers, Preg-
ler, Schultz.
Nays-None.
Petition of Mrs. L. O. Johnson
requesting permission to address
tbe Council at the meeting of
April 22, 1968, preseuted and read.
Mayor McCauley moved that the
petition be received and filed. Sec-
onded by Councilman Pregler. Car-
ried by the folIowing vote:
Yeas - Mayor McCauley, Coun-
cilmen Couchman, Meyers, Preg-
ler, Schultz.
Nays-None.
Mrs- Johnson addressed the
Council as to the problem of re-
aligning voting precincts in the
City according to district lines es-
tablished by the 62nd General As-
sembly. After considerable discus-
sion as to precinct lines, size of
precincts, district lines etc. and in.
formation acqnired from reliable
sources it was decided that it
would be in the best interest of
the commnnity as a whole to wait
on the results of the re-apportion-
ment election this falL The City
Attorney was instructed to procure
aII available informatiou relative
to changing of the precincts, that
would coincide with the one man,
one vote principal decision of the
Supreme Court.
Proof of Publication, certified to
by the Publisher, of notice to con-
tractors of receipt of proposals
for construction of the Iowa Street
storm sewer, 1968 from S.P.L. of
4th Street to N.P.L. of 9th Street,
presented and read. Councilman
Pregler moved that the proof of
publication be received and filed.
Seconded by Councilman Schultz.
Special Session, April 22, 1968
Carried hy the following vote:
Yeas - Mayor McCauley, Coun.
cilmen Couchman, Meyers, Preg-
ler, Schultz.
Nays-None.
223
ed to Flynn Company, Inc. and the
Manager be and he is hereby di-
rected to execute a contract on be-
half of the City of Dubuque for
the complete performance of said
work.
April 22, 1968
To The Honorable Mayor
and City Council
Gentlemen:
Pursuant to your instructions,
sealed bids were received until
10:00 AM., Monday, April 22, 1968
for the construction of the Iowa
Street Storm Sewer 1968.
The lowest bid entered was sub.
mitted by Flynn Company, Inc. of
Dubuque, Iowa. Their bid was
10.9% under the Engineer's esti-
mate.
I recommend that the contract
for the improvement be awarded
to Flynn Company, Inc.
RespectfulIy submitted,
Gilbert D. ChavenelIe
City Manager
Councilman Pregler moved that
the recommendation be received
and filed. Seconded by Councilman
Schultz. Carried by the folIowing
vote:
Yeas - Mayor McCauley, Coun.
cilmen Couchman, Meyers, Preg-
ler, Schultz.
Nays-None.
(Awarding Contract)
RESOLUTION NO. 188-68
WHEREAS, sealed proposals
have been submitted by contrac-
tors for the IOWA STREET
STORM SEWER 1968 pursuant to
Resolution No. 143-68 and notice
to bidders published in a newspa-
per published in said City on
April 4th, 1968 and April 11th,
1968; and
WHEREAS, said sealed propos-
als were opened and read on April
22nd, 1968, and it has been deter-
mined that the bid of Flynn Com-
pany, Inc. of Dubuque, Iowa in
the amount of $13,666.80 was the
lowest bid for the furnishing of
aII labor and materials and per-
forming the work as provided for
in the plans and specifications;
now therefore,
BE IT RESOLVED by the City
Council of the City of Dubuque
that the contract for the above
mentioned improvement be award-
BE IT FURTHER RESOLVED,
that upon the signing of said con.
tract and the approval of the con-
tractors bond the City Treasurer
is authorized and instructed to re-
turn the bid deposits of the un.
successful bidders.
Passed and adopted this 22nd
day of April, 1968.
Sylvester McCauley
Mayor
Walter A. Pregler
Merlin F. Schultz
Donald R. Meyers
Gaylord M. Couchman
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Pregler moved adop-
tion of the resolution. Seconded by
Councilman Couchman. Carried by
the folIowing vote:
Yeas - Mayor McCauley, Coun-
cilmen Couchman, Meyers, Preg-
ler, Schultz.
Nays-None.
Proof of Publication, certified
to by the Publisher, of notice to
contractors of receipt of propos-
als for the construction of the
Fifth Street Storm Sewer 1968
from W.P.L. of White Street to
the W.P.L. of Locust Street, pre-
sented and read. Councilman Mey-
ers moved that the proof of pub-
lication be received and filed. Sec-
onded by Councilman Couchman.
Carried by the folIowing vote:
Yeas - Mayor McCauley, Coun-
cilmen Couchman, Meyers, Preg-
ier, Schultz.
Nays-None.
April 22, 1968
To The Honorable Mayor
and City Council
Gentlemen:
Pursuant to your instructions,
sealed bids were received until
10:00 AM., Monday, April 22,
1968 for the construction of the
Fifth Street Storm Sewer 1968.
The lowest bid entered was sub-
mitted by Flynn Company, Inc. of
224 Special Session, April 22, 1968
Dubuque, Iowa. Their bid was Passed and adopted this 22nd
13.6% under the Engineer's esti- day of April, 1968.
mate. Sylvester McCauley
I recommend that the contract Mayor
for the improvement be awarded Walter A. Pregler
to Flynn Company, Inc. Merlin F. Schultz
Respectfully submitted, Donald R. Meyers
Gilbert D. Chavenelle Gaylord M. Co,:,chman
City Manager Attest: CouncIlmen
Mayor McCauley moved approv- Leo F. Frommelt
al of the Manager's recommenda- City Clerk
tion. Seconded by Councilman Councilman Pregler moved adop-
Pregler. Carried by the following tion of the resolution. Seconded
vote: by Councilman Schultz. Carried
Yeas - Mayor McCauley, Coun- by the following vote:
cilmen Couchman, Meyers, Preg. Yeas - Mayor McCauley, Coun-
ler, Schultz. cilmen Couchman, Meyers, Pregler,
Nays-None. Schultz.
Nays-None.
Proof of Publication, certified to
by the Publisher, of notice to con-
tractors of receipt of proposals
for the construction of the Eighth
Street Storm sewer 1968 from E.P.
L. of Central Avenue to W.P.L. of
Iowa Street, presented and read.
Councilman Couchman moved
that the proof of publication be
received and filed. Seconded by
Councilman Schultz. Carried by
the following vote:
Yeas - Mayor McCauley, Coun-
cilmen Couchman, Meyers, Preg-
ler, Schultz.
Nays-None.
(Awarding Contract)
RESOLUTION NO. 189-68
WHEREAS, sealed proposals
have been submitted by contrac-
tors for the FIFTH STREET
STORM SEWER 1968 pursuant to
Resolution No. 149.68 and notice
to bidders published in a newspa-
per published in said City on
April 4th, 1968 and April 11th,
1968; and
WHEREAS, said sealed propos-
als were opened and read on April
22nd, 1968, and it has been deter-
mined that the bid of Flynn Com-
pany, Inc. of Dubuque, Iowa in
the amount of $28,080.00 was the
lowest bid for the furnishing of
all labor and materials and per-
forming the work as provided for
in the plans and specifications;
now therefore,
BE IT RESOLVED by the City
Council of the City of Dubuque
that the contract for the above
mentioned improvement be award.
ed to Flynn Company, Inc. and the
Manager be and he is hereby di-
rected to execute a contract on be-
half of the City of Dubuque for
the complete performance of said
work.
BE IT FURTHER RESOLVED,
that upon the signing of said con-
tract and the approval of the con-
tractors bond the City Treasurer is
authori2ed and instructed to re-
turn the bid deposits of the unsuc-
cessful bidders.
April 22, 1968
To The Honorable Mayor
and City Council
Gentlemen:
Pursuant to your instructions,
sealed bids were received until
10:00 AM., Monday, April 22, 1968
for the construction of the Eighth
Street Storm Sewer 1968.
The lowest bid entered was sub-
mitted by Flynn Company, Inc. of
Dubuque, Iowa. Their bid was
8.8% under the Engineer's esti-
mate.
I recommend that the contract
for the improvement be awarded
to Flynn Company, Inc.
Respectfully submitted,
Gilbert D. Chavenelle
City Manager
Councilman Pregler moved that
the recommendation be received
and filed. Seconded by Council-
man Meyers. Carried by the fol-
lowing vote:
Yeas - Mayor McCauley, Coun-
Special Session, April 22, 1968
225
cilmen Couchman, Meyers, Preg-
ler, Schultz.
Nays-None.
(Awarding Contract)
RESOLUTION NO. 190-68
WHEREAS, sealed proposals
have been submitted by contrac-
tors for the Eighth Street Storm
Sewer 1968 pursuant to Resolution
No. 147.68 and notice to bidders
published in a newspaper pub-
lished in said City on April 4th,
1968 and April 11th, 1968; and
WHEREAS, said sealed propos-
als were opened and read on April
22nd, 1968, and it has been deter-
mined that the bid of Flynn Com-
pany, Inc. of Dubuque, Iowa in
the amount of $18,270.00 was the
lowest bid for the furnishing of
all labor and materials and per.
forming the work as provided for
in the plans and specifications;
now therefore,
BE IT RESOLVED by the City
Council of the City of Dubuque
that the contract for the above
mentioned improvement be award-
ed to Flynn Company, Inc. and the
Manager be and he is hereby di-
rected to execute a contract on
behalf of the City of Dubuque for
the complete performance of said
work.
BE IT FURTHER RESOLVED,
that upon the signing of said con-
tract and tbe approval of the con-
tractors bond the City Treasurer
is authorized and instructed to re-
turn the bid deposits of the unsuc-
cessful bidders.
Passed and adopted this 22nd
day of April, 1968.
Sylvester McCauley
Mayor
Walter A. Pregler
Merlin F. Schultz
Donald R. Meyers
Gaylord M. Couchman
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Meyers moved adop-
tion of the resolution. Seconded by
Councilman Couchman. Carried by
the following vote:
Yeas - Mayor McCauley, Coun-
cilmen Couchman, Meyers, preg.
ler, Schultz.
Nays-None.
Proof of Publication, carried to
by the Publisher, of notice to con-
tractors of receipt of proposals for
construction of the Iowa street san-
itary sewer 1968 from S.P.L. of 4th
Street to N.P.L. of 9th Street in-
cluding sub mains on 6th Street
from Iowa Street 111' west and
7th street from Iowa Street 132'
east, presented and read. Council-
man Meyers moved that the proof
of publication be received and fil-
ed. Seconded by Councilman
Couchman. Carried by the follow-
ing vote:
Yeas-Mayor McCauley, Council-
men Couchman, Meyers, Pregler,
Schultz.
Nays-None.
April 22, 1968
To The Honorable Mayor
and City Council
Gentlemen:
Pursuant to your instructions,
sealed bids were received until
10:00 AM., Monday, April 22, 1968
for the construction of the Iowa
Street Sanitary Sewer 1968.
The lowest bid entered was sub.
mitted by Flynn Company, Inc. of
Dubuque, Iowa. Their bid was
14.8% under the Engineer's esti-
mate.
I recommend that the contract
for the improvement be awarded
to Flynn Company, Inc.
Respectfully submitted,
Gilbert D. Chavenelle,
City Manager
Councilman Pregler moved that
the recommendation of the City
Manager be received and filed. Sec-
onded by Councilman Schultz. Car-
ried by the following vote:
Yeas-Mayor McCauley, Council-
men Couchman, Meyers, Pregler,
Schultz.
Nays-None.
(Awarding Contract)
RESOLUTION NO. 191-68
WHEREAS, sealed proposals
have been submitted by contractors
for the Iowa Street Sanitary Sewer
1968 pursuant to Resolution No.
145.68 and notice to bidders pub-
lished in a newspaper published in
said City on April 4th, 1968 and
April 11th, 1968; and
WHEREAS, said proposals were
opened and read on April 22nd,
1968, and it has been determined
that the bid of Flynn Company,
Inc. of Dubuque, Iowa in the
amount of $24,624.60 was the low-
226
Special Session, April 22, 1968
est bid for the furnishing of all
labor and materials and perform-
ing the work as provided for in ihe
plans and specifications; now there-
fore,
BE IT RESOLVED by the City
Council of the City of Dubuque
that the contract for the above
mentioned improvement be award-
ed to Flynn Company, Inc. and the
Manager be and he is hereby di-
rected to execute a contract on be-
half of the City of Dubuque for
the complete performance of said
work.
BE IT FURTHER RESOLVED,
that upon the signing of said con-
tract and the approval of the con-
tractors bond the City Treasurer
is authorized and instructed to reo
turn the bid deposits of the un.
successful bidders.
Passed and adopted this 22nd
Gay of April, 1968.
Sylvester McCauley
Mayor
Walter A. Pregler
Merlin F. Schultz
Donald R. Meyers
Gaylord M. Couchman
Councilmen
Attest:
Leo F. Frommelt,
City Clerk
Councilman Meyers moved adop-
tion of the resolution. Seconded by
Councilman Pregler. Carried by the
foIlowing vote:
Yeas-Mayor McCauley, Council-
men Couchman, Meyers, Pregler,
Schultz.
Nays-None.
RESOLUTION NO. 192-68
Authorizing the Publication of
Notice of the Proposed Sale of
Preliminary Loan Notes and the
Receiving of Proposals for the
Sale of Said Notes for the Down-
town Urban Renewal Project
WHEREAS, under date of July
26, 1967, the City of Dubuque en.
tered into a Loan and Capital
Grant Contract for the undertaking
of the Downtown Urban Renewal
Project, Iowa R-15; and
WHEREAS, under date of Aug-
ust 14, 1967, the Council of the
City of Dubuque adopted Resolu-
tion No. 245.67 authorizing to be
issued, from time to time, Project
Temporary Loan Notes in connec-
tion with the Downtown Urban
Renewal Project, Iowa R-15, in an
aggregate principal amount out-
standing at anyone time of not to
exceed $8,624,313; and
WHEREAS, under dates of Aug-
ust 14, 1967 and February 7, 1968,
the Council of the City of Dubuque
authorized the issuance of its proj.
ect Temporary Loan Notes 1 and 2
in an aggregate principal amount
of $3,000,000 to finance certain un-
dertakings in connection with the
Downtown Urban Renewal Project,
Iowa R-15; and
WHEREAS, in order to refinance
the outstanding Project Temporary
Loan Notes and to provide addi-
tional funds for project execution
activities, it is necessary for the
City of Dubuque to seIl Prelim-
inary Loan Notes totaling $4,975,-
000; now therefore
BE IT RESOLVED BY THE
COUNCIL OF THE CITY OF DU-
BUQUE, IOWA:
Section I. That the City Clerk be
and he is hereby authorized and
directed to publish according to
the law "Notice of Sale of $4,975,-
000 Preliminary Loan Notes of
City of Dubuque, Iowa" in the form
of Exhibit "A" attached hereto
and made a part hereof.
Section 2. That the City Clerk be
and he is hereby authorized and
directed to accept and tabulate
proposals for the sale of said notes
and to send telegrams of accept-
ance to the low bidder or bidders
all in accordance with instructions
covering such transactions as pro-
vided by the Department of Hous-
ing and Urban Development, Unit-
ed Siates of America.
Section 3. That a special meeting
of the Council of the City of Du-
buque shaIl be held as soon as
practical after the bid opening
date of May 7, 1968 to adopt such
resolution or resolutions necessary
for the consummation of the sale
of the Preliminary Loan Notes to
the lowest bidder or bidders and
for the providing of a Project
Temporary Loan Note (Escrow) to
the United States of America.
Passed, and adopted, and ap.
proved this 22nd day of April,
1968. Sylvester McCauley
Mayor
Walter A. Pregler
Donald R. Meyers
Gaylord M. Couchman
Councilmen
Attest:
Leo F. Frommelt,
City Clerk
Special Session, April 22, 1968
Councilman Meyers moved adOP-¡ Fred Vyverberg (Transfer from
tion of the resolution, Seconded by 1828 Central Ave.), 678 Central
Mayor McCauley. Carried by the Avenue
foIlowing vote:
Yeas - Mayor McCauley, Coun.
cilmen Couchman, Meyers, Pregler.
Nays-Councilman Schultz.
RESOLUTION NO. 193-68
BE IT RESOLVED hy the City
Council of the City of Dubuque,
Iowa, that the following having
complied with the provisions of
law relating to the sale of Cigar-
ettes within the City of Dubuque,
Iowa, be granted permit to sell
Cigarettes and Cigarette Papers
within said City.
Name Address
Fred Vyverberg (Transfer from
1828 Central Ave.), 678 Central
Avenue
BE IT FURTHER RESOLVED I
that the bonds filed with the appli-
cation be approved.
Passed, adopted and approved
this 22nd day of April, 1968.
Sylvester McCauley
Mayor
Walter A. Pregler
Merlin F. Schultz
Donald R. Meyers
Gaylord M. Couchman
Councilmen
Attest:
Leo F. Frommelt,
City Clerk
Councilman Meyers moved adop-
tion of the resolution. Seconded by
Councilman Couchman. Carried by
the foIlowing vote:
Yeas-Mayor McCauley, Council-
men Couchman, Meyers, Pregler,
Schultz.
Nays-None.
RESOLUTION NO. 194-68
WHEREAS, applications for Beer
Permits have been submitted to
this Council for approval and the
same have been examined: NOW
THEREFORE.
BE IT RESOLVED by the City
Council of the City of Dubuque,
Iowa, that the following applica.
tions be granted and licenses be
issued upon the compliance with
the terms of the ordinances of the,
City. I
CLASS "B" BEER PERMIT
Richard N. Stecklein, 450 West
Locust Street
Herbert F. Bisping, 1401 Elm Street
Mrs. Margaret Lelser, 2417-2423
Rhomberg Avenue
2Z1
CLASS "C" BEER PERMIT
Carl Van Duelman, 590 Clarke
Drive
Passed, adopted and approved
this 22nd day of April, 1968.
Sylvester McCauley
Mayor
Walter A. Pregler
Merlin F. Schultz
Donald R. Meyers
Gaylord M. Couchman
Councilmen
Attest:
Leo F. Frommelt,
City Clerk
Councilman Pregler moved adop.
tion of the resolution. SeeondBd by
Councilman Schultz. Carried by the
following vote:
Yeas-Mayor McCauley, Council.
men Couchman, Meyers, Pregler,
Schultz.
Nays-None.
RESOLUTION NO. 195-68
WHEREAS, applications for Beer
Permits were filed by the within
named applicants and they have
received the approval of this Coun-
cil, and
WHEREAS, the premises to be
occupied by such applicants were
inspected and found to comply
with the ordinances of this City
and they have filed proper bonds:
NOW THEREFORE, BE IT RE-
SOLVED by the City Council of
the City of Dubuque, Iowa that
the Manager be and he is hereby
directed to issue to tbe following
named applicants a Beer Permit.
CLASS "Bu BEER PERMIT
Richard N. Stecklein, 450 West
Locust Street
Herbert F. Bisping, 1401 Elm
Street
Mrs. Margaret Leiser, 2417-2423
Rhomberg Avenue
Fred Vyverberg (Transfer from
1828 Central Ave.), 678 Central
Avenue
CLASS "Co, BEER PERMIT
Carl Van Duelman, 590 Clarke
Drive
BE IT FURTHER RESOLVED
that the bonds filed by sueh ap.
plicants be and the same are here-
by approved.
II
ìlll1
il
:~,
1"1
228
Special Sèssion, April 22, 1968
Passed, adopted and approved
this 22nd day of April, 1968.
Sylvester McCauley
Mayor
Walter A. Pregler
Merlin F. Schultz
Donald R. Meyers
Gaylord M. Couchman
Councilmen
Attest:
Leo F. Frommelt,
City Clerk
Councilman Pregler moved adop-
tion of the resolution. Seconded by
Councilman Schultz. Carried by the
foIlowing vote:
Yeas-Mayor McCauley, Council-
men Couchman, Meyers, Pregler,
Schultz.
Nays-None.
RESOLUTION NO. 196-68
WHEREAS, applications for Liq-
uor Permits have been submitted
to this Council for approval and
the same have been examined,
NOW THEREFORE BE IT RE-
SOLVED, by the City Council of
the City of Dubuque, Iowa, that the
following applications be granted
and licenses issued upon the com-
pliance with the terms of the
IOWA LIQUOR CONTROL ACT-
CHAPTER 123-as amended by the
60th General Assembly, 1963.
CLASS "C" COMMERCIAL
ESTABLISHMENT
Name Address
Mrs. Margaret Leiser, 2417-2423
Rhomberg Avenue
Passed, adopted and approved
this 22nd day of April, 1968.
Sylvester McCauley
Mayor
Walter A. Pregler
Merlin F. Schultz
Donald R. Meyers
Gaylord M. Couchman
Councilmen
Attest:
Leo F. Frommelt,
City Clerk
Councilman Schultz moved adop-
tion of the resolution. Seconded by
Councilman Pregler. Carried by
the following vote:
Yeas-Mayor McCauley, Council-
men Couchman, Meyers, Pregler,
Schultz.
Nays-None.
RESOLUTION NO. 197-68
WHEREAS, applications for Liq-
uor Permits were filed by the
within named applicants and they
hav received the approval of this
Council, and
WHEREAS, the premises to be
occupied by such applicants were
inspected and found to comply
with the State Law and all City
ordinances relevant thereto and
they have filed proper bonds;
NOW THEREFORE BE IT RE-
SOLVED by the City Council of
Dubuque, Iowa, that the Manager
be authorized to cause to be is-
sued to the following named appli-
cants a Liquor Permit.
CLASS "C" COMMERCIAL
ESTABLISHMENT
Nome Address
Mrs. Margaret Leiser, 2417-2423
Rhomberg Avenue
Passed, adopted and approved
this 22nd day of April, 1968.
Sylvester McCauley
Mayor
Walter A. Pregler
Merlin F. Schultz
Donald R. Meyers
Gaylord M. Couchman
Councilmen
Attest:
Leo F. Frommelt,
City Clerk
Councilman Meyers moved adop-
tion of the resolution. Seconded
by Councilman Couchman. Carried
by the following vote:
Yeas-Mayor McCauley, Council-
men Couchman, Meyers, Pregler,
Schultz.
Nays-None.
Mr. Joseph Schiltz of 2747 Cen-
tral Ave. addressed the Council by
requesting that Central Avenue be
made a one-way street from Twen-
ty First Street to 32nd Street. May-
or McCauley referred the matter
to the City Manager and Street De-
partment for study.
There being no further business
Councilman Schultz moved to ad-
journ. Seconded by Councilman
Special Session, April 22, 1968
Couchman. Carried by the fOllOW-¡
ing vote:
Yeas-Mayor McCauley, Council-
men Couchmau, Meyers, Pregler, .
Schultz.
Nays-None.
Leo F. Frommelt,
City Clerk
229
Approved ....................................1968
Adopted ......................................1968
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............................................................
Councilmen
Attest: ..................................................
City Clerk