1968 October Council Proceedings
Regular Session, October 7, 1968
555
CITY COUNCIL
OFFICIAL
Regular Session, October 7, 1968.
Council met at 7:30 P.M. (D.S.T.)
Present-Mayor McCauley, Coun.
cilmen Couchman, Meyers, Pregler,
SchultL City Manager Gilbert D.
Chavenelle.
Mayor McCauley read the call
and stated that service thereof had
been duly made and this meeting
is the REGULAR MONTHLY
MEETING of the City Council
called for the purpose of acting
upon such business as may prop-
erly come before the meeting.
October 1, 1968
Environmental Engineering Service
Paul J. Houser, M.S., Chief
Mr. Leo F. Frommelt
City Clerk
Dubuque, Iowa 52001
Attention: Honorable Mayor and
Council
Permit No. 68-298-S
1645' of 48" S.P.; 7176' of 42"
S.P.;
5212' of 36" S.P.; 1740' of 24"
S.P.;
212' of II" S.P.
Couler Valley Collector Sewer
Cedar Street Lift Station &
Force Main
Catfish Creek Lift Station &
Force Main
Waste Water Treatment Facil-
ities-Phase I
Gentlemen:
In accordance with the provi-
sions of Section 455B.25 of the
Iowa Water Pollution Control Law,
Code of Iowa, 1966, this permit
is issued for disposal of wastes
from the project cited above for
which plans and specifications
have been received in this office.
This permit is issued subject to
the following conditions and re-
quirements:
1. The Phase I waste water
treatment facilities approved
under this permit are de-
signed for an organic load-
ing of 104,685 pounds of BOD
per day and hydraulic load-
ings of 10.54 MGD average
daily, 15.33 MGD design rate,
and 29.07 MGD maximum
flows. The expected organic
loading in the plant effluent
at these design loadings is
16,490 pounds of BOD per
day.
2. Additional waste water treat.
ment facilities will be pro-
vided whenever found neces.
sary.
3. Increased pumping capacities
will be provided at the lift
stations and waste wa t e r
treatment facilities whenever
found necessary to handle
tributary sewage flows.
4. All electrical equipment and
fixtures located below tho
ground surface in the lift
station wet well. will be of
the explosion-proof type.
5. The changes made on the
plans and specifications in
red ink by this office are
found to be satisfactory.
The issuance of this permit in
no way relieves the responsibility
for complying with all local, state,
and federal laws, ordinances, reg-
ulations, or other requirements
applying to this project.
We are retaining two sets of the
plans and specifications for our
files and forwarding the other two
sets to the Federal Water Pollu-
tion Control Administration.
As this letter constitutes an offi-
cial permit, it should be retained
in your files.
At the direction of the Iowa
Water Pollution Control Commis-
sion.
Very truly yours,
R. J. Schliekelman,
Director
Water Pollution Division
Councilman Pregler moved that
the permit be received and filed
and made a matter of record. Sec-
onded by Councilman Schultz. Car-
ried by the following vote:
Yeas-Mayor McCauley, Council-
men Couchman, Meyers, Pregler,
Schultz.
Nays-None.
September 30, 1968
City of Dubuque
Attention: Mr. Gilbert D. Chave-
nelle
Re: Amendment to Lease dated
10-29-62
Lessor: Fischer Realty Com-
pany
Lessee: City of Dubuque
Dear Mr. Chavenelle:
In accordance with our recent
discussion, I am forwarding this
amendment of Lease to you, for
your consideration:
556 Regular Session, October 7, 1968
The Fischer Realty Company proximately 50' of this property
hereby renews for the period lies between the street right.of-
of One (1) Year, beginning way and the face of the hluff.
January 1, 1969, the Lease be- The rear 165' of the Lot extends
tween Fischer Realty Company into the bluff.
and the City of J?ubuque. All In reviewing this request, the
terms of the ongmal Lease Commission found that the Gen-
~ill remain in full effect d?r- eral Development Plan for Du-
mg thIS lease extenslOn, WIth buque envisions that the bluff in
the exception of the Rental this area will be retained as a
for this period, which will part of the open-space network
be Nine Hundred and Fifty and that the area between the face
($950.00) Dollars per month. of the bluff and street will he
At the termination of this Lease incorporated into the right-of-way
Amendment, it shall be renewed as the expressway system is devel-
on a year to year basis unless oped.
either Lessor or Lessee gives no- Because of the topography of
tice in writing Ninety (90) Days this area along the west side of
in advance that renewal of the Locust Street, it is practically im-
Lease WIll not be made. possihle to develop commercial
Very truly yours, estahlishments and to provide ad-
FISCHER REALTY equate parking to accommodate
COMPANY them.
Cy N. Lampe For these reasons, it is the rec-
ACCEPTED: ommendation of the Planning and
Gilbert D. Chavenelle Zoning Commission that no change
in zoning be made in this area.
. Mayor McCauley moved ~hat the Respectfully submitted
CIty Manager be autbonzed to PLANNING AND '
sign the ~mended lease. Secon~ed ZONING COMMISSION
by CouncIlman Couchman. Corned D Gilso
by the following vote: on n
Yeas-Mayor McCauley, Council- Councilman Couchman moved
men Couchman, Meyers, Pregler, approval of the recommendation.
Schultz. Seconded by Councilman Meyers.
Nays-None. Carried by the following vote: .
YeaS-Mayor McCauley, Councll-
Communication of Auditor of men Couchman, Meyers, Pregler,
State of Iowa submitting official Schultz.
State Audit Report of the Iowa Nays-None.
League of Municipallties from July
1, 1967 to June 30, 1968, presented
and read. Councilman Me y e r s
moved that the Audit be received
and filed. Seconded by Councilman
Pregler. Carried by the following
vote:
Yeas-Mayor McCauley, Council-
men Couchman, Meyers, Pregler,
SchuitL
Nays-None.
September 19, 1968
Honorable Mayor
and Council Members
Gentlemen:
The City Planning and Zoning
Commission has reviewed a re-
quest to have property described
as Lot 3 and 6' of L 4, Stout's
Dubuque, reclassified from Two
Family Residence to Commercial.
This property is located at 225
South Locust and is occupied by
a Single Family Residence. Ap-
Regular Session, October 7, 1968
Solicitor. Seconded by Councilman
Schultz. Carried by the following
vote:
Yeas-Mayor McCauley, Council-
men Couchman, Meyers, Pregler,
Schultz.
Nays-None.
October 7, 1968
To the Honorable Mayor
and City Council
Gentlemen:
I am returning to you a petition
for a street light on Green Street
between Asbury and Avoca.
It is recommended that a 175
watt mercury vapor luminair be
installed on the pole located at
the alley or between 2260 and
2280 Green.
Respectfully,
Gilbert D. Chavenelle
City Manager
Councilman Pregler moved that
the recommendation of the City
Mgr. be approved. Seconded by
Councilman Schultz. Carried by
the following vote:
Yeas-Mayor McCauley, Council-
men Couchman, Meyers, Pregler,
Schultz.
Nays-None.
October 7, 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.
October 7, 1968
To the Honorable Mayor
and City Council
Gentlemen:
A request has been received for
street lighting in the 300 block
of Valley Street.
The area has been investigated
and the following recommendation
made:
Install a 4000 lumen incandes-
cent light on the pole located
on the lot line between 330 and
322 Valley Street.
Respectfully requested,
Gilbert D- Chavenelle
City Manager
Councilman Couchman moved
that the recommendation of the
City Manager be approved. See.
onded by Councilman Pregler. Car-
ried by the following vote:
Yeas-Mayor McCauley, Council-
men Couchman, Meyers, Pregler,
Schultz.
Nays-None.
Notice of Suit by Edmund, Ode-
lia 1, Daniel T., Marian, George
SIDEWALK
Mark Strub, Merchants M u t u a I
Bonding Company
Clarence (Barney) Grutz, United
Fire and Casualty Company of
Cedar Rapids, Iowa
Vincent Conrad, Merchants Mutual
Bonding Company, Des Moines,
Iowa
Respectfully,
Gilbert D. Chavenelle
City Manager
Councilman Pregler moved that
filing of the bonds be approved
subject to approval of the City
557
C. and Elizabeth Gartner seeking
judgment against the City in the
amount of $55,000 for damages
incurred as the result of Urban
Renewal, presented and rea d.
Councilman Meyers moved that
the notice of suit be referred to
the City Attorney for investiga-
tion and report. Seconded by
Councilman Pregler. Carried by
the following vote:
Yeas-Mayor McCauley, Council-
men Couchman, Meyers, Pregler,
Schultz.
Notice of Claim of Ray Stuart
Sr. and SOn Gary Stuart, in the
amount of $70.07 for articles of
personal property picked up by
mistake by the city rubbish crew
on October 5, 1968, presented and
read. Councilman Pregler moved
that the notice of claim be referred
to the City Solicitor for investiga-
tion and report. Seconded by Coun-
cilman Meyers. Carried by the fol-
lowing vote:
Yeas-Mayor McCauley, Council-
men Couchman, Meyers, Pregler,
Schultz.
Nays-None.
October 2, 1968
Hon. Mayor & City Council
Gentlemen:
On February 10, 1967, Elsie
Mary Mikkelson, through her at-
torneys filed notice of c I aim
against the City of Dubuque, Iowa
claiming that on or about January
23, 1967, the claimant, Elsie Mary
Mikkelson, of 590 A I t a Vista
Street, sustained a fractured hip
when she fell in the crosswalk at
the intersection of C a led 0 n i a
Street and Hill Street, in the City
of Dubuque, Iowa, claiming a
defective condition thereat consist-
ing of an accumulation of rough,
uneven accumulation of ice and
snow thereat, and which condition
existed for a substantial period
of time.
I have conferred with the claim-
ant's attorney, have examined the
medical and hospital bills, physi-
cian's report, which indicates that
the claimant will suffer from a
partial, permanent disability and
that said claimant has expended
funds for hospital, medical and
other expenses in the total sum
of $1,442.85.
That the claimant, through her
attorneys, has made an offer of
settlement in the amount of eight
hundred fifty and no/100 ($850.00)
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558
Regular Session, October 7, 1968
dollars and it is the recommenda-
tion of the City Attorney that said
offer of settlement be accepted
and that the City Auditor he in-
structed to draw a warrant pay-
ahle to Elsie M. Mikkelson in the
sum of $850.00 and transmit same
to the City Attorney for delivery
upon of receipt of duly executed
Releases. Original claim is at-
tached hereto.
Respectfully submitted,
R. N. Russo
City Attorney
Councilman Meyers moved that
the recommendation of the City
Attorney be approved. Seconded
by Mayor McCauley. carried by
the following vote:
Yeas-Mayor McCauley, Council-
men Couchman, Meyers, Pregler,
Schultz.
Nays-None-
Petition of Tom Slick et al (644
signers) objecting to the proposed
Ordinance imposing restrictions
and requiring the night closing
of coin operated laundries and
dry cleaning establishments in the
city, presented and read. Council-
man Pregler moved that the peti-
tion be received and filed. Second-
ed by Councilman Schultz. Carried
by the following vote:
Yeas-Mayor McCauley, Council-
men Couchman, Meyers, Pregler,
Schultz.
Nays-None.
Councilman Pregler moved that
the rules be suspended in order
to let anyone present address the
Council if they so desire. Second-
ed by Councilman Schultz. Carried
by the following vote:
Yeas-Mayor McCauley, Council-
men Couchman, Meyers, Pregler,
Schultz.
Nays-None.
Attorney C h a r I e s Kintzinger,
represented the coin-operated laun-
dries, stated that the proposed
ordinance is neither necessary nor
desireable. The proprietors can op-
erate and police their own estab-
lishments. To break even they
must remain open without attend-
ants. It is constitutionally discrim-
inatory and to pass an Ordinance
for this group would establish a
precedence in Iowa. The records
from all over the country show
that the police problem is at a
minimum and very low.
Present at the meeting with
local laundry operators were Mr.
Ward A. Gill of Chicago, executive
secretary of the National Auto-
matic Laundry and cleaning Coun-
cil; Donald Proudfit, president of
the Iowa State Assn. of coin-op-
erated laundries; Robert Roenfeldt,
president of the Mississippi Valley
Coin Operators Assn. all objecting
the passing of the proposed Ordi-
nance. Mr. McKeown, State Treas-
urer of the coin-operated laundries
also was in attendance. Mr. Gill
stated that sixty per-cent of the
laundries 0 per ate unattended.
Their loss as to vandalism is two
tenths of one per cent. Mr. Proud-
fit stated that his laundry in Des
Moines ran into trouble but once,
and that the police calls average
less than two for each laundry
per year. Coin operated laundry
operators were in attendance from
Iowa City, Cedar Rapids and Ga-
lena all were opposed to the pass-
ing of the proposed Ordinance.
Mr. Harry Lewis of Dubuque stat-
ed that he is the owner of two
local laundries and wanted it to
be known that he is not a mem-
ber of the organization. Mr. Car-
roll Clark, owner of the point
launderette w her e the trouble
started, stated that the problem
of disturbance in the neighborhood
has been taken care of due to
this change of shift in his work-
ing hours at his regular job. Many
of the local coin operated laundry
proprietors were present and all
objected to the proposed ordinance
because they did not feel that
they s h 0 u I d be discriminated
against because of the trouble at
only one laundry in the city. To
them it seemed to be more of a
police problem. Some of the orig-
inal objectors to the operation of
the Point Launderette admitted
that there is a distinct improve-
ment in the last few weeks.
Mayor McCauley moved that the
rules be re-imposed. Seconded by
Councilman Couchman. Carired by
the following vote:
YeaS-Mayor McCauley, Council-
men Couchman, Meyers, Pregler,
Schultz.
Nays-None.
ORDINANCE NO. 55-68
An Ordinance regulating coin.
operated laundry and dry clean-
Ing establishments, requiring II.
Regular Session, October 7, 1968
559
censing thereof and providing
penalties for violation hereof
NOW THEREFORE BE IT OR-
DAINED BY THE CITY COUNCIL
OF CITY OF DUBUQUE, IOWA:
Section 1. License Required. It
shall be unlawful for any person,
firm or corporation on or after
........, 1968 to engage in the busi-
ness of a public coin-operated
laundry or dry cleaning establish-
ment within the City of Dubuque,
Iowa without first obtaining a
permit therefor and paying the
prescribed license fee.
Section 2. Definition. A public
coin-operated laundry or dry clean-
ing operation shall mean a public
establishment or place of business
conducted for the purpose of wash-
ing, cleaning, drying and launder-
ing clothes and other washable
materials in customer-o per ate d
laundry and cleaning equipment.
Section 3. License Fee. The li-
cense fee shall be twenty-five ($25.-
00) Dollars per location per year.
No such license shall be issued or
renewed unless the location of
such business and the premises
have been approved by the Build-
ing Commissioner, the Fire De-
partment and the Department of
Health.
Section 4. General Maintenance.
All parts of the premises shall
be maintained at all times in a
clean and sanitary condition free
from all health and safety hazards.
A. Lint collection devices shall
be cleaned as often as neces-
sary to prevent becoming a
fire hazard.
B. Adequate fireproof waste re-
ceptacles wit h self-closing
lids shall be provided and
emptied not less than once
daily.
C. Separate tables shall be pro-
vided for sorting clean and
soiled laundry and dry clean-
ing. All such tables shall be
clearly designated by ade-
quate signs.
D. Floors shall be surfaced with
a non-absorbent, water resist-
ant material and kept in a
dry condition.
E. Walls and ceilings shall be
provided with a smooth sur-
face and kept free of dirt
and other foreign matter.
Section 5. Hours of Operation.
No public coin-operated facility
shall remain open between the
hours of 10:30 P.M. and 6:00 A.M.
unless the person, firm or corpora-
tion operating said establishment
shall provide an attendant who
shall be on duty during such
hours.
Section 6. Loitering Prohibited.
Loitering shall not be permitted.
Juveniles must be accompanied by
their parents or must be in the
establishment for the purpose of
using the equipment installed
therein.
Section 7. Public Telephone. A
public telephone shall be provided
in all premises containing public
coin-operated facilities. There shall
be posted in a conspicuous loca-
tion near the public telephone for
emergency purposes the name,
address and telephone number of
the operator of the establishment.
Section 8. Violation and Penalty.
Any person, firm or corporation
who violates, disobeys, omits, neg-
lects or refuses to comply with
any of the provisions of this ordi-
nance shall be fined in a Sum not
to exceed one hundred ($100 dol-
lars for each offense, or may be
imprisoned for a term not exceed-
ing thirty (30) days. Each day that
a violation is permitted to exist
beyond the expiration of the time
designated in a written notice giv-
en by the Building Commissioner
shall constitute a separate offense.
Section 9. Effective Date. This
Ordinance shall be in full force
and effect from and after its final
passage, adoption and publication
as by law provided.
Introduced the 3rd day of Sep-
tember, 1968.
Rule re<Îuiring reading on three
separate days suspended by unan-
imous vote the ........ day of ............,
19.....
Passed by recorded call vote,
adopted and approved this .......
day of ............, 19.....
"""""""""""""""Mäÿ~~"""""'"
"""""""""""""""""""""""""""
Councilmen
Attest:
"""""""""""""""ëiiÿ'"ëï;~k"'"
560
Regular Session, October 7, 1968
Regular Session, October 7, 1968
561
Councilman Pregler moved for
passage but that Section C be
striken from the Ordinance. Sec-
onded by Mayor McCauley. Vote
on the motion was as follows:
Yeas-Mayor McCauley, Council-
man Pregler.
Nays - Councilmen Couchman,
Meyers, Schultz.
Proof of Publication, certified to
by the Publisher, of notice of
public hearing to consider a pro-
posal to amend Ordinance No. 3-34
being the Zoning Map and Zoning
Ordinance so as to change Lot 25
Block 4 and Lots 19, 20 and 21
of Block 10 Sunset Park Subdivi-
sion from Single Family to Mul-
tiple Family Residence District
Classification, presented and read.
No written objections were filed
and no oral objectors were present
in the Council Chamber at the
time set for the public hearing.
Councilman Pregler moved that
the proof of publication be re-
ceived and filed. Seconded by
Councilman Schultz. Carried by
the following vote:
Yeas-Mayor McCauley, Council-
men Couchman, Meyers, Pregler,
Schultz.
Nays-None.
ORDINANCE NO. 59-68
An Ordinance amending and
changing Ordinance No.3 34
known as the Zoning Map and
Zoning Ordinance of the City
of Dubuque so as to change
certain property hereinafter de-
scribed from "Single Family Res.
idence District" classification to
"Multiple Family Residence Dis-
trict" classification,
said Ordinance having been pre-
viously presented and read at the
Council meeting of September 9,
1968, presented for Final adop-
tion.
ORDINANCE NO. $WI
NOW THEREFORE BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE. IOWA,
Sect'o.
.",..- I. the CII. of D.buoue, Iowa.
Pa,..d, ap"o.'" a.d adoPI'" IhI, 7th
day of Octob.., ¡968.
Syl...¡or McCaul..
Maw
An..l,
Loo F. F,ommell
Clly Clor"
Publl"'" officially" The Te'...eph-
He,,'d New,papor !hI, nth day 0' Odo-
bor ¡"8.
Loo F. F"mmell
CIty C'or".
Petition of Mrs. Wm. Nankival
of 2181 Key Way Drive requesting
street lighting on Key Way Drive
from J.F.K. Road to Foothill Road,
presented and read. Councilman
Meyers moved that the petition
be referred to the City Manager
and Electrical Inspector for inves-
tigation and report. Seconded by
Councilman Couchman. Carried by
the following vote:
Yeas-Mayor McCauley, Council-
men Couchman, Meyers, Pregler,
Schultz.
Nays-None.
Petition of Peoples Natural Gas
requesting permission to excavate
at Primrose and Kane Street, pre-
~::t~o~~~ r~~~i Ct~~nc~~~::,:r~g~ I
granted subject to approval of the
Engineering Department. Second
ed by Councilman Meyers. Carried
by the following vote:
Yeas-Mayor McCauley, Council-
men Couchman, Meyers, Pregler,
Schultz.
Nays-None.
Proof of Publication, certified to
by the Publisher, of notice of
public hearing to consider Man-
ager's report on delapidated build-
ings at 536 Avon Street on Lot
9 M. A. McDaniels Sub. owned by
Donald A. & Delia LeVan, pre-
sented and read
No written objections were filed
and no oral objectors were present
in the Council Chamber at the
time set for the public hearing.
Councilman Pregler moved that I
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.
Statement of City Clerk certify-
ing that notices of public hearin~
were mailed to Donald A. & Delila
LeVan, by certified mail on Sep-
tember 18, 1968, of notice of pub-
lic hearing to consider City Man-
ager's report on condition of the
delapidated buildings at 536 Avon
Street, presented and read. Coun-
cilman Meyers moved that the
statement be received and filed.
Seconded by Councilman Couch-
man. Carried by the following
vote:
It. 10/11
Councilman Meyers 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,
SchuitL
Nays-None.
Petition of Hi-Low Tops Club
requesting permission to conduct
a Christmas Fair to raise money
for a convention to be held in
the City in the Spring of 1969,
presented and read. Councilman
Pregler moved that the petition
be approved and referred to the
City Manager and staff. Seconded
by Councilman Meyers. Carried by
the following vote:
YeaS-Mayor McCauley, Council-
men Couchman, Meyers, Pregler,
Schultz.
Nays-None.
Petition of Kenneth Brandel et
al (23 signers) requesting street
lights on Bies Drive and Kebbie
Drive, presented and read. Coun-
cilman Meyers moved that the
petition be referred to the City
Manager and Electrical Inspector
for investigation and report. Sec-
onded by Mayor McCauley. Carried
by the following vote:
Yeas-Mayor McCauley, Council-
men Couchman, Meyers, Pregler,
Schultz.
Nays-None-
Petition of Mrs. Norbert Pape
of 3370 Asbury requesting street
lighting on Asbury from JF.K.
Road to Bonson Road, presented
and rea d. Councilman Pregler
moved that the petition be re-
ferred to the City Manager and
Electrical Inspector for investiga-
tion and report. Seconded by
Councilman Schultz. Carried by
the following vote:
Yeas-Mayor McCauley, Council-
men Couchman, Meyers, Pregler,
Schultz.
Nays-None.
Yeas-Mayor McCauley, Council-
men Couchman, Meyers, Pregler,
Schultz.
Nays-None.
RESOLUTION NO. 432-68
Whereas the City Manager has
reported that the building and
premises located on lot 9 in M. A.
McDaniels Sub., Dub u que, Du-
buque County, Iowa and recorded
in the name of Mr. Donald A.
LeVan, 1514 Auburn Street and
Mrs. Delila LeVan, 1000 Morgan
Road, Waterloo, Iowa. That the
conditions complained of be cor-
rected and that said owners have
failed to correct the conditions
within the time provided by the
notice;
And,
Whereas on September 16, 1968,
the City Council set the report
down for hearing at 7:30 o'clock
P.M. Central Daylight time Octo-
ber 7, 1968 in the City Council
Chambers in the City Hall in the
City of Dubuque, Dubuque Coun-
ty, Iowa and directed the City
Clerk to give notice of said hear-
ing.
And,
Whereas it appears by return
of service now on file in the rec-
ords of the City Council, that said
hearing was given by serving by
certified mail Mr. Donald A. Le-
Van, 1514 Auburn Street, Dubuque,
Iowa, Mrs. Delila LeVan, Waterloo,
Iowa, personally on September 18,
1968, and by publication in the
Telegraph-Herald Newspaper on
September 20, 1968;
And,
Whereas pursuant to said notice
on order of the City Council a
public hearing was held at 7:30
o'clock P.M. Central Daylight Time,
on October 7, 1968 in the City
Council Chambers in the City Hal!
in the City of Dubuque, Iowa at
which time the interested partie3
of the above described real estate,
were afforded an opportunity to
be heard and witnesses concerning
the condition of the property and
the hazards thereon were heard.
And,
Whereas the Council has duly
considered the testimony of wit-
nesses and viewed the premises
and has reached its determination:
Now, therefore, be it resolved
by the City Council of the City of
Dubuque:
Regular Session, October 7, 1968
owned by Eunice Howell, present-
ed and read.
No written objections were filed
and no oral objectors were present
in the Council Chamber at the
time set for the public hearing.
Councilman Meyers moved that
the proof of publication be re-
ceived and filed. Seconded by
Councilman Pregler. Carried by
the following vote:
Yeas-Mayor McCauley, Council-
men Couchman, Meyers, Pregler,
Schultz.
Nays-None.
Statement of City Clerk certify-
ing that notices of public hearing
were mailed by certified mail on
September 18, 1968, to Dick How-
ell, 395 E. 16th Street, Thomas
Howell 1697 Auburn Street, Ron-
ald Howell 1690 Drexel St., Carl
Howell 1704 Elm Street, Arthur
Potter 710 Lincoln Ave. Dubuque
County Social Welfare, heirs of
Eonice Howell deceased, to con-
sider City Manager's report on
delapidated condition of buildings
located at 247 S. Locust Street,
presented and read.
Councilman Meyers moved that
the statement be received and
filed. Seconded by Councilman
Pregler. Carried by the following
vote:
Yeas-Mayor McCauley, Council-
men Couchman, Meyers, Pregler,
Schultz.
Nays-None.
RESOLUTION NO. 433-68
Whereas the City Manager has
reported to the City Council that
the building and premises located
on the South 40' of lot 2 of Stouts
Dubuque Addition of M. 1.. 54
owner of record Eunice Howell
and Mr. Arthur Potter, 710 Lin-
coln, Dubuque, Iowa, Mr. Carl
Howell, 1704 Elm Street, Dubuque,
Iowa, Mr. Ronald Howell, 1690
Drexel, Dubuque, Iowa, Mr. Thom-
as Howell, 1679 Auburn Street,
Dubuque, Iowa, Mr. Dick Howell,
395 E. 16th Street, Dubuque, Iowa,
and Dubuque County Social Wel-
fare Office, 503 Main Street, Du-
buque, Iowa, heirs at law of Eu-
nice Howell, deceased, late of
Dubuque, Dubuque County, Iowa
and known as 247 South Locust
Street in the City of Dubuque,
Dubuque County Iowa is danger-
ous to life and health because of
562
Section 1. That the structure
known as 536 Avon Street and
located on lot 9, M. A. McDaniels
Subdivision, Dub u que, Dubuque
County, Iowa be and the same is
hereby found and declared to be
dangerous to life, health and prop-
erty and same is deemed to be a
nuisance.
Section 2. The City Manager be
and he is hereby authorized and
directed to cause the structure
known as 536 Avon Street and
located on Lot 9, M. A. McDanieL
Subdivision, Dub u que, Dubuque
County, Iowa to be dismantled and
removed.
Section 3. That upon completion
of said work the City Manager
shall certify the cost thereof to
the City Clerk.
Section 4. That upon receipt of
said certificate of cost the City
Manager, the City Clerk shall
thereupon certify said cost to the
County Auditor of Dubuque Coun-
ty, Iowa and it shall be collected
with and in the same manner as
General Property Taxes.
Section 5. That the City Clerk
be and is hereby directed to record
a certified copy of this resolution
in the office of the County Re-
corder of Dubuque County, Iowa.
Passed, adopted and approved
this 7th day of October, 1968.
Sylvester McCauley
Mayor
Walter A. Pregler
Merlin F. Schultz
Donald R. Meyers
Gaylord M. Couchman
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Meyers moved adop-
tion of the resolution. Seconded
by Councilman Schultz. Carried by
the following vote:
Yeas-Mayor McCauley, Council-
men Couchman, Meyers, Pregler,
Schultz.
Nays-None.
Proof of Publication, certified to
by the Publisher, of notice of
public hearing to consider City
Manager's report on delapidated
condition of buildings located at
247 S. Locust Street, on the S. 40'
of Lot 2 of Stouts Dubuque Addn.
of M. L. 54 in the City of Dubuque,
'~
..
Regular Session, October 7, 1968
563
its condition and that demand has
been made by him upon Mr. Ar-
thur Potter, 710 Lincoln Avenue,
Dubuque, Iowa, Mr. Carl Howell,
1704 Elm Street, Dubuque, Iowa,
Mr. Ronald Howell, 1690 Drexel,
Dubuque, Iowa, Mr. Thomas How-
ell, 1679 Auburn Street, Dubuque
Iowa, Mr. Dick Howell, 395 E. 16th
Street, Dubuque, Iowa, Dubuque
County Social Welfare Office, 503
Main Street, Dubuque, Iowa heirs
at law of Eunice Howell, deceased,
late of Dubuque, Dubuque County,
Iowa recorded owner of said prop-
erty, that the conditions com-
plained of be corrected and that
said owners and heirs have failed
to correct the conditions within
the time provided by the notice;
And,
Whereas on September 16, 1968,
the City Council set the report
down for hearing at 7:30 o'clock
P.M. Central Daylight Time Octo-
ber 7, 1968 in the City Council
Chambers, in the City Hall, in
the City of Dubuque, Dubuque
County, Iowa, and directed the
City Clerk to give notice of said
hearing;
And,
Whereas it appears by return
of service now on file in the rec-
ords of the City Council, that no-
tice of said hearing was given by
serving by registered mail, Mr.
Arthur Potter, 710 Lincoln Ave-
nue, Dubuque, Iowa, Mr. Carl How-
ell, 1704 Elm Street, Dubuque,
Iowa, Mr. Ronald Howell, 1690
Drexel, Dubuque, Iowa, Mr. Thom-
as Howell, 1679 Auburn Street,
Dubuque, Iowa, Mr. Dick Howell,
395 E. 16th Street, Dubuque, Iowa,
Dubuque County Social Welfare
Office, 503 Main Street, Dubuque,
Iowa personally on September 18,
1968, and by publication in the
Telegraph - Herald newspaper on
September 20, 1968;
And,
Whereas pursuant to said notice
on order of the City Council a ,
public hearing was held at 7:30 I
o'clock P.M. Central Daylight TIme,
on October 7, 1968 in the City
Council Chambers in the City Hall,
in the City of Dubuque, Iowa at
which time the heirs and interest-
ed parties of the above described
real estate, were afforded an op-
portunity to be heard and wit-
nesses concerning the condition of
the property and the hazards were
heard;
And,
Whereas, the Council has duly
considered the testimony of wit-
nesses and viewed the premises
and has reached its determination:
Now, therefor, be it resolved
by the City Council of the City
of Dubuque:
Section 1. That the structure
known as 247 South Locust Street
and located on the South 40' of
lot 2 of Stouts Dubuque Addition
of M. L. 54 in the City of Du-
buque, Dubuque County, Iowa, be
and the same is hereby found and
declared to be dangerous to life,
health and property and same is
deemed to be a nuisance.
Section 2. That the City Manager
be and he is hereby authorized
and directed to cause the structure
known as 247 South Locust and
located on the South 40' of lot 2
of Stouts Dubuque Addition of
M. L. 54 in the City of Dubuque,
Dubuque County, Iowa, to be dis-
mantled and removed.
Section 3. That upon completion
of said work the City Manager
shall certify the cost thereof to
the City Clerk.
Section 4. That upon receipt of
said certificate of cost from the
City Manager, the City Clerk shall
thereupon certify said cost to the
County Auditor of Dubuque Coun-
ty, Iowa and it shall be collected
with and in the same manner as
General Property Taxes.
-Section 5. That the City Clerk
be and is hereby directed to record
a certified copy of this resolution
in the office of the County Re-
corder of Dubuque County, Iowa.
Passed, adopted and approved
this 7th day of October, 1968.
Sylvester McCauley
Mayor
Walter A. Pregler
Merlin F. Schultz
Donald R. Meyers
Gaylord M. Couchman
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Schultz moved adop-
tion of the resolution. Seconded
by Mayor McCauley. Carried by
the following vote:
Yeas-Mayor McCauley, Council-
men Couchman, Meyers, Pregler,
Schultz.
Nays-None.
564 Regular Session, October 7; 1968
Proof of Publication, certified for the furnishing of homes for
to by the Publisher, of public the needy of the City.
hearing to consider City Manager's Attorney David Leifker, repre-
report on. t~e delapldated condi- senting a group of neighbors
tion of bulidings located at 425-29 d h '
Loras Blvd., on City Lot 667, owned state t at the owners of the prop-
by Restor tion Inc. presented and erty at .425 L.oras should ~e ma~e
read. a, to conSIder tIme, completIon, Lia-
bility Insurance, and a perfor-
Councilman Couchman moved mance bond, to show good faith.
that the proof of publication be Certainly six months should be the
received and filed. Seconded by longest period for proper com-
Councilman Meyers. Carried by the pletion. This has been going on
tollowing vote: now for over two years and the
Yeas-Mayor McCauley, Council- neighbors are looking forward, and
men Couchman, Meyers, Pregler, rightfully so, to proper action by
Schultz. the Council. The City Manager
Nays-None. recommended that the Restoration
. . group be given an added six
. Statement. of CIty Clerk certify- months due to the good faith that
lUg that .notlces of p.u~lic he~rlUg has been shown on their part.
were maIled by certIfIed mall on
September 12, 1968, to Arthur J. Councilman Couchman moved
Miller, Frederick R. Appel, Philip that the matter be referred to the
A. Hamilton, to consider City Man- City Manager for proper imple-
ager's report on the delapidated mentation within a six month
condition of the buildings located period. Seconded by Councilman
at 425-29 Loras Blvd., presented Meyers. Carried by the following
and read. Mayor McCauley moved vote:
that .the statement be rec.eived Yeas-Mayor McCauley, Council-
and flied. Seeonded by Councllman men Couchman Meyers Pregler
Pregler. Carried by the following Schultz. ' , ,
vote: . Na s-None.
Yeas-Mayor McCauley, Councll- y
men Couchman, Meyers, Pregler, Proof of Publication, certified to
Schultz. by the Publisher, of notice of pub-
Nays-None. lie hearing to consider City Man-
ager's report on the condition of
Mayor McCauley moved that the the delapidated buildings located
rules be suspended in order to let at 628 W. Eighth Street on Lot 24
a!'yone present address the Coun- and the West 4' of Lot 23 Rogers
ell If ~hey so deslre. Secon~ed by Subdivision in the City of Dubu-
Councllma~ Couchman. CarrIed by que, Iowa, owned by J. H. Brunjes,
the folloWIng vote: presented and read.
m.;.ea~~:;:-n M~:~:;, ~:~I~~- No written objections were filed
Schultz ' , , and no oral objectors were present
N ':-N ne in the Council Chamber at the time
ay o. set for the public hearing. Council-
Attorney Carl Riley addressed man Me~ers. moved that ~he proof
the Council as a representative of of publication he receIved. and
the group called Restoration Inc. fIled. Seconded. by Councllman
by stating that it has been difficult ~ouchman. Carried by the follow-
to get financial commitments, es- mg vote:
pecially since the City has taken Yeas-Mayor McCauley, Council-
action on the property at 425 men Couchman, Meyers, Pregler,
Loras. The Restoration Inc. group Schultz-
are prepared to file plans with Nays-None.
the Building Department showing
that the b u i I din g s could be Statement of City Clerk certify-
brought up to standard, or at least ing that notices of public hearing
to minimum requirements. The were mailed by certified mail on
owners of the property have al- September 18, 1968 to J. H. Brun-
ready $2700. invested in the proj- jes, owner, and John L. Duffy,
ect. Rev. Phil Hamilton addressed conservator, to consider City Man-
the Council by stressing the need I ager's report on the delapidated
buildings located at 628 W. Eighth
Street, presented and read. Coun-
cilman Couchman moved that the
statement be received and filed.
Seconded by Councilman Meyers.
Carried by the following vote:
Yeas-Mayor McCauley, Council.
men Couchman, Meyers, Pregler,
Schultz.
Nays-None.
RESOLUTION NO. 434-68
WHEREAS, The City Manager
has reported to the City Council
that the buildings and premises
located on Lot 24 and West 4' of
Lot 23, Roger's Subdivision, owner
of record, Mr. J. H. Brunjes, Du-
buque, Dubuque County, Iowa,
under conservatorship of John
Duffy, attorney, 403 Fischer Build-
ing, Dubuque, Iowa, and known as
628 West Eighth Avenue in the
City of Dubuque, Dubuque County,
Iowa, is dangerous to life, health,
and property because of its con-
dition and that demand has been
made by him upon Mr. J. H. Brun-
jes, 1555 Main Street, Dubuque,
Dubuque County, Iowa, recorded
owner of said property and con-
servator, John Duffy, attorney, 4031
Fischer Building, Dubuque, Iowa,
that the conditions complained of
be corrected and that said owner
has failed to correct the conditions
within the time provided by the
notice; and,
Regular Session, October 7, 1968
565
WHEREAS, On the 16th day of
September, 1968, the City Council
set the report down for hearing at
7:30 o'clock P.M. Central Daylight
Time 7th day of October, 1968, in
the City Council Chambers, in the
City Hall, in the City of Dubuque,
Dubuque County, Iowa, and direct-
ed the City Clerk to give notice of
said hearing; and,
WHEREAS, It appears by return
of service now on file in the
records of the City Council, that
notice of said hearing was given
by serving by registered mail Mr.
J. H. Brunjes, 1555 Main Street,
Frommelt-Schaeffer Convalescent
Home, Dubuque, Iowa, and Mr.
John L. Duffy, Attorney, conser-
vator for J. H. Brunjes, 403 Fischer
Building, Dubuque, Iowa, pers9n-
ally on. 18th day of September,
1968; and, by publication in the
Telegraph Herald Newspaper on
September 20, 1968, and
WHEREAS, Pursuant to said
notice on order, of the City Coun-
cil a public hearing was held at
7:30 o'clock P.M., Central Daylight
Time on 7th day of October, 1968,
in the City Council Chambers in
the City Hall, in the City of Du-
buque, Iowa, at which time the
interested parties of the above
described real estate were afforded
an opportunity to be heard and
witnesses concerning the condition
of the property and the hazards
were heard; and,
WHEREAS, The Council has
duly considered the testimony of
witnesses and viewed the premises
and has reached its determination.
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE,
IOWA:
Section I: That the structure
known as 628 West Eighth Avenue
located on Lot 24 and west 4' of
Lot 23, Roger's Subdivision, in the
City of Dubuque, Dubuque County,
Iowa, be and the same is hereby
found and declared to be danger-
ous to life, health, and property
and same is deemed to be a nuis-
ance;
Section 2: That the City Man-
ager be and he is hereby author-
ized and directed to cause the
structure known as 628 West
Eighth Avenue and located on
Lot 24 and West 4' of Lot 23,
Roger's Subdivision, in the City of
Dubuque, Dubuque County, Iowa,
to be dismantled and removed.
Section 3: That upon completion
of said work the City Manager
shall certify the cost thereof to the
City Clerk.
Section 4: That upon receipt of
said certificate of cost from the
City Manager, the City Clerk shall
thereupon certify said cost to the
County Auditor of Dubuque
County, Iowa, and it shall be col-
lected with and in the same man-
ner as general property taxes.
Section 5: That the City Clerk be
and is hereby directed to record
a certified copy of this resolution
in the office of the County Re.
corder of Dubuque County, Iowa.
erly one-half of the Southerly two-
thirds of Lot 15) in the City of
Dubuque, Iowa, according to the
United States Commissioners' Map
of the Survey of the Town (now
City) of Dubuque, Iowa. (Parcel
No. 14-5).
hction 2. That the recording of
the respective deeds of conveyance
of title in the office of the Record-
er in and for Dubuque County,
Iowa is hereby ratified.
Section 3. That the City Clerk
be and he is hereby authorized
and directed to file a copy of this
Resolution in the office of the
Recorder in and for Dubuque Coun-
ty, Iowa.
Passed, approved and adopted
this 7th day of October, 1968.
Sylvester McCauley
Mayor
Walter A. Pregler
Merlin F. Schultz
Donald R. Meyers
Gaylord M. Couchman
Councilmen
Butterfield Road Extension 48"
Storm Sewer 1968.
The lowest bid received was
submitted by Saffran Construction
Company of Dubuque, Iowa. Their
bid was 5.07% over the Engineer's
Estimate. I recommend that the
contract be awarded to Saffran
Construction Company.
Respectfully submitted,
Gilbert D. Chavenelle
City Manager
Councilman Pregler moved that
the recommendation of the City
Manager be approved. Seconded
by Councilman Meyers. Carried by
the following vote:
Yeas - Mayor McCauley, Coun-
cilmen Couchman, Meyers, Pregler,
Schultz.
Nays-None.
(Awarding Contract)
RESOLUTION NO. 436.68
WHEREAS, sea led proposals
have been submitted by contrac-
tors for the
Butterfield Road Extension 48"
Storm Sewer 1968
pursuant to Resolution No. 40568
and notice to bidders published in
a newspaper published in said City
on September 24, 1968 and Octo-
ber 1, 1968; and
WHEREAS, said sealed propos-
were opened and read on October
7, 1968, and it has been deter-
mined that the bid of Saffran Con-
struction Company of Dubuque,
Iowa in the amount of $9,662.00
was the lowest bid for the furnish-
ing of all labor and materials and
performing the work as provided
for in the plans and specifications;
now therefore,
BE IT RESOLVED by the City
Council of the City of Dubuque
that the contract for the above
mentioned improvement be award-
ed to Saffran Construction Com-
pany and the Manager be and he
is hereby directed to execute a
contract' on behalf of the City of
Dubuque for the complete per-
formance of said work.
BE IT FURTHER RESOLVED,
that upon the signing of said con-
tract and the approval of the con-
tractors bond the City Treasurer
is authorized and instructed to re-
turn the bid deposits of the un-
successful bidders.
566
Regular Session, October 7, 1968
Regular Session, October 7, 1968
567
Passed, adopted, and approved
this 7th day of October, 1968.
Sylvester McCauley
Mayor
Walter A. Pregler
Merlin F. Schultz
Donald R. Meyers
Gaylord M. Couchman
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Mayor McCauley moved adoption
of the resolution. Seconded by
Councilman Couchman. Carried by
the following vote:
Yeas-Mayor McCauley, Council-
men Couchman, Meyers, Pregler,
Schultz.
Nays-None.
RESOLUTION NO. 435-68
Accepting Delivery of Deeds for
the Downtown Urban Renewal
Project, Iowa R-15.
WHEREAS, under date of July
26, 1967, the City of Dubuque and
the United States of America en-
tered into a Loan and Capital
Grant Contract for the undertak-
ing of the Downtown Urban Re-
newal Project, Iowa R-15; and
WHEREAS, the City of Dubuque,
pursuant to authorization and di-
rection of said Loan and Capital
Grant Contract, has acquired for
the public purpose of implement-
ing and facilitating the Downtown
Urban Renewal Project, Iowa R-15,
certain parcels of real estate by
purchase; now therefore
BE IT RESOLVED BY THE CITY
COUNCIL OF THE CITY OF DU-
BUQUE, IOWA:
Section 1. That delivery of deeds
to the City of Dubuque for the
following described parcels of real
estate in the Downtown Urban
Renewal Project, Iowa R-15 is here-
by ratified and accepted by the
City of Dubuque.
Grantor: Tillie M. Faber, Fran-
cis M. Faber, Phyllis J. Most and
James A. Most, and Charlotte M.
Ktntzinger and David N. Kint-
zinger. Deed dated September
3, 1968. Recorded in Book 196,
Page 613. Property Description:
The middle one third of Lot 15
(also sometimes called the North-
Attest:
Leo F. Frommelt
City Clerk
Councilman Meyers moved adop-
tion of the resolution. Seconded
by Councilman Pregler. Carried by
the following vote:
Yeas - Mayor McCauley, Coun-
cilmen Couchman, Meyers, Pregler,
Schultz.
Nays-None.
Proof of Publication, certified to
by the Publisher, of notice to con-
tractors of the receipt of proposals
for the construction of Butterfield
Road Extension 48" storm sewer,
presented and read. Councilman
Meyers moved that the proof of
publication be received and filed.
Seconded by Councilman Couch-
man. Carried by the following vote:
Yeas - Mayor McCauley, Coun-
cilmen Couchman, Meyers, Pregler,
Schultz.
Nays-None.
October 7, 1968
To the Honorable Mayor
and City Council
Gentlemen:
pursuant to your instructions
sealed bids were received until
10:00 A.M., Monday, October 7,
1968 for the construction of the
Passed and adopted this 7th day
of October, 1968.
Sylvester McCauley
Mayor.
Walter A. Pregler
Merlin F. Schultz
Donald R. Meyers
Gaylord M. Couchman
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Couchman moved
adoption of the resolution. Second-
ed by Councilman Pregler. Carried
by the following vote:
Yeas-Mayor McCauley, Council-
men Couchman, Meyers, Pregler,
Schultz.
Nays-None.
Proof of Publication of notice
to contractors of the receipt of
proposals for the construction of
Altura Drive Storm sewer Project
1968, presented and read.
Councilman Meyers moved that
the proof of publication be re-
ceived and filed. Seconded by
Councilman Pregler. Carried by
the following vote:
Yeas-Mayor McCauley, Council-
men Couchman, Meyers, Pregler,
Schultz.
Nays-None.
October 7, 1968
To the Honorable Mayor
and City Council
Gentlemen:
Pursuant to your instructions
sealed bids were received until
10:00 A.M., Monday, October 7,
19611 for the construction of the
Altura Drive Storm Sewer 1968.
The lowest bid received was
submitted by Tschiggfrie Excavat-
ing Company of Dubuque, Iowa.
Their bid was 15.6% under the
Engineer's Estimate. I recommend
that the contract be awarded to
Tschiggfrie Excavating Company.
Respectfully submitted,
Gilbert D. Chavenelle
City Manager
Councilman Meyers moved that
the recommendation of the City
Manager be approved. Seconded
by Mayor McCauley. Carried by
the following vote:
Yeas-Mayor McCauley, Council-
men Couchman, Meyers, Pregler,
Schultz.
Nays-None.
Regular Session, October 7, 1968
interest in a portion of Westridge
Drive, commencing at the S.P_L.
of Daniels Street, thence southerly
a distance of 80' to S.P.L. of West-
ridge Drive, now known and plat-
ted as Lot 1A of Block 5 in West
Side Manor Subdivision to Midwest
Developers Inc., 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, Coun-
cilmen Couchman, Meyers, Pregler,
Schultz.
Nays-None.
RESOLUTION NO. 438.68
WHEREAS, pursuant to resolu-
tion of published notice of time
and place of hearing published in
the Telegraph-Herald, a newspaper
of general circulation, published
in the City of Dubuque, Iowa, on
September 13, 1968, and September
20, 1968, City Council of Dubuque,
Iowa, met on the 7th day of Oc-
tober, 1968, at 7:30 o'clock P.M.
(Central Daylight Saving Time) in
the City Council Chamber, City
Hall, Dubuque, Iowa, to consider
the proposal to dispose of interest
of the City of Dubuque to a por-
tion of Westridge Drive, commenc-
ing at the south property line of
Daniels Street, thence southerly
a distance of 80 feet to the south
property line of Westridge Drive,
now known and platted as Lot 1A
of Block 5 in West Side Manor
Subdivision in the City of Du-
buque, Iowa, to Midwest Develop-
ers, Inc.; and
WHEREAS, City Council of Du-
buque, Iowa, overruled any and
all objections, oral or written, to
the proposal to dispose of interest
of City of Dubuque, Iowa, in the
above described real estate to Mid-
west Developers, Inc.
NOW THEREFORE BE IT RE-
SOLVED BY THE CITY COUNCIL
OF CITY OF DUBUQUE, IOWA:
Section 1. That the disposal of
interest of City of Dubuque, Iowa,
in real estate to Midwest Develop-
ers, Inc. covering the following
described real estate, to-wit:
568
(Awarding Contract)
RESOLUTION NO. 437-68
WHEREAS, sea led proposals
have been submitted by contrac-
tors for the
Altura Drive Storm Sewer Proj.
ect 1968
pursuant to Resolution No. 403-68
and notice to bidders published
in a newspaper published in said
City on September 24, 1968 and
October 1, 1968; and
WHEREAS, said sealed propos-
als were opened and read on Oc-
tober 7, 1968, and it has been
determined that the bid of Tschig-
gfrie Excavating of Dubuque, Iowa
in the amount. of $5,818.45 was
the lowest bid for the furnishing
of all labor and materials and
performing the work as provided
for in the plans and specification;
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 Tschiggfrie Excavating and
the Manager be and he is hereby
directed to execute a contract on
behalf of the City of Dubuque for
the complete performance of said
work.
BE IT FURTHER RESOLVED,
that upon the signing of said con-
tract and the approval of the
contractors bond the City Treas-
urer is authorized and instructed
to return the bid deposits of the
unsuccessful bidders.
Passed and adopted this 7th day
of October, 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.
Proof of Publication, certified to
by the publisher, of Notice of time
and place of hearing to dispose of
Regular Session, October 7, 1968
569
A portion of Westridge Drive,
commencing at the south prop-
erty line of Daniels Street,
thence southerly a distance of
80 feet to the south property
line of Westridge Drive, now
known and platted as Lot 1A
of Block 5 in West Side Manor
Subdivision in the City of Du-
buque, Iowa,
for the total purchase price of
One Dollar ($1.00) plus costs of
publication be and the same is
hereby approved.
Section 2. That the City Clerk
be and he is hereby authorized
and directed to deliver the said
deed of conveyance to Midwest
Developers, Inc. upon receipt of
total purchase price in the amount
of $1.00 plus costs of publication.
Section 3. That the City Clerk
be and he is hereby authorized
and directed to record a certified
copy of this Resolution in the of-
fice of the Dubuque County Re-
corder.
Passed, adopted and approved
this 7th day of October, 1968.
Sylvester McCauley
Mayor
Walter A. Pregler
Merlin F. Schultz
Donald R. Meyers
Gaylord M. Couchman
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Meyers moved adop-
tion of the resolution. Seconded
by Councilman Pregler. Carried by
the following vote:
Yeas - Mayor McCauley, Coun-
cilmen Couchman, Meyers, Pregler,
Schultz.
Nays-None.
Proof of Publication, certified
to by the Publisher, of Notice of
time and place of hearing to dis-
pose of interest in the alley located
south of Lots 30, 31 and 32 of
Yates Subdivision of Outlots 708
and 713 which is now platted and
known as Lot "C" of Yates Sub-
division in the City of Dubuque,
Iowa, to Loras College, presented
and read. No written objections
were filed and no oral objectors
were present in the Council Cham-
ber at the time set for the public
hearing. Councilman Pregler
moved that the proof of publica-
tion be received and filed. Second-
ed by Councilman Meyers. Carried
by the following vote:
Yeas-Mayor McCauley, Council-
men Couchman, Meyers, Pregler,
Schultz.
Nays-None.
RESOLUTION NO. 439-68
WHEREAS, pursuant to resolu-
tion of published notice of time
and place of hearing published in
the Telegraph-Herald, a newspaper
of general circulation published in
the City of Dubuque, Iowa, on Sep-
tember 6, 1968, and September 13,
1968, City Council of Dubuque,
Iowa, met on the 7th day of Octo-
ber, 1968, at 7:30 o'clock P.M.
(Central Daylight Saving Time) in
the City Council Chamber, City
Hall, Dubuque, Iowa, to consider
the proposal to dispose of interest
of the City of Dubuque to the alley
located south of Lots 30, 31 and
32 of Yates Subdivision of Outlots
708 and 713 in the City of Dubu-
que, Iowa, which shall be here-
after platted and described as Lot
"C" of Yates Subdivision in the
City of Dubuque, Iowa to Loras
College; and
WHEREAS, City Council of Du-
buque, Iowa, overruled any and all
objections, oral or written, to the
proposal to dispose of interest of
City of Dubuque, Iowa, in the
above described real estate to
Loras College.
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL
OF CITY OF DUBUQUE, IOWA:
Section 1. That the disposal of
interest of City of Dubuque, Iowa,
in real estate to Loras College
covering the following described
real estate, to-wit:
The alley located south of Lots
30, 31 and 32 of Yates Sub-
division of Outlots 708 and 713
in the City of Dubuque, Iowa,
which shall be hereafter platted
and described as Lot "C" of
Yates Subdivision in the City of
Dubuque, Iowa
for the total purchase price of
$25.00 plus costs of publication be
and the same is hereby approved.
Section 2. That the City Clerk be
and he is hereby authorized and
directed to deliver the said deed
of conveyance to Loras College
Road from W.P.L. of J. F. Ken-
nedy Road to the W.P.L. of Lot
1-1-1 of Asbury Park. 2. Asbury
Road from the W.P.L. of St. Am-
brose Street to the E.P.L. of Bunk-
er Hill Road. 3. Carter Road from
S.P.L. of Asbury Road to the
N.P.L. of Mettel-Link Subdivision.
4. Chaney Road from S.P.L. of
Asbury Road to N.P.L. of Hillcrest
Road. 5. Hillcrest St. from S.P.L.
of Asbury Road to E.P.L. of Car-
ter Road. 6. John F. Kennedy Road
from 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 S.P.L.
of Julien Dubuque Drive to the
illinois Central Railroad right-of-
way. 8- Kane Street from E.P.L.
of Chaney Road to the W.P.L. of
North Grandview Ave. 9. Pennsyl-
vania Avenue from N.P.L. of Uni-
versity Avenue to the E.P.L. of
Lot 1-E'h-2-1-2 of J. P. Mettel's
Subdivision
has been completed and the City
Engineer has submitted his final
estimate showing the cost thereof
including the cost of estimates,
notices, inspection, and preparing
the assessment and plat, now
therefore,
BE IT RESOLVED, by the City
Council of the City of Dubuque,
That the cost of said improve-
ment is hereby determined to be
$175,353.42.
That $82,242.18 of the cost there-
of shall be assessable upon private
property and $93,111.24 shail be
paid from the Road Use Tax Fund
of the City of Dubuque.
Passed, adopted and approved
this 7th day of October 1968.
Sylvester McCauley
Mayor
Walter A. Pregler
Merlin F. Schultz
Donald R. Meyers
Gaylord M. Couchman
Councilmen
(A Resolution Accepting
Improvement and Directing the
Clerk to Publish Notice.)
RESOLUTION NO. 441-68
WHEREAS, the contract for the
City of Dubuque 1968 Hot Mix-
Hot Laid Asphaltic Concrete Pav-
ing Project No.1 on 1. Asbury
Road from 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
S.P.L. of Asbury Road to the
N.P.L. of Mettel-Link Subdivision.
4. Chaney Road from S.P.L. of As-
bury Road to N.P.L. of Hillcrest
Road. 5. Hillcrest St. from S.P.L.
of Asbury Road to E.P.L. of Car-
ter Road. 6. John F. Kennedy Road
from 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 S.P.L.
of Julien Dubuque Drive to the
illinois Central Railroad right-of-
way. 8. Kane Street from E.P.L.
of Chaney Road to the W.P.L. of
North Grandview Ave. 9. Pennsyl-
vania Avenue from N.P.L. of Uni-
versity Avenue to the E.P.L- of
Lot 1-E'h-2-1-2 of J. P. Mettel's
Subdivision has been completed
and the City Manager has exam-
ined the work and filed his cer-
tificate stating that the same has
been completed according to the
terms of the contract, plans and
specifications and recommends its
acceptance, now therefore,
BE IT RESOLVED, by the City
Council of the City of Dubuque,
that the recommendation of the
City Manager be approved and that
said improvement be and the same
is hereby accepted and the City
Eogineer be and is hereby directed
to prepare a plat and schedule
showing the lots or parcels of real
estate subject to assessment for
said improvement and file the
same in the office of the City
Clerk subject to public inspection
and said Clerk shall upon receipt
of such plat and schedule publish
the notice of the Council's inten-
tion to levy special assessments
therefor, as required by law.
BE IT FURTHER RESOLVED,
that the City Treasurer be and
he is hereby directed to pay to
the contractor from the funds to
be realized from the sale of street
570
Regular Session, October 7, 1968
Regular Session, October 7, 1968
571
upon receipt of total purchase
price in the amount of $25.00 plus
costs of publication.
Section 3. That the City Clerk
be and he is hereby authorized
and directed to record a certified
copy of this Resolution in the
office of the Dubuque County
Recorder.
Passed, adopted and approved
this 7th day of October, 1968.
Sylvester McCauley
Mayor
Walter A. Pregler
Merlin F. Schultz
Donald R. Meyers
Gaylord M. Couchman
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Couchman moved
adoption of the resolution. Second-
ed by Councilman Pregler. Carried
by the following vote:
Yeas-Mayor McCauley, Council-
men Couchman, Meyers, Pregler,
Schultz.
Nays-None.
September 30, 1968
To the Honorable Mayor and the
Members of the City Council
Gentlemen:
This is to advise you that the
City of Dubuque 1968 Hot Mix-
Hot Laid Asphaltic Concrete Pav-
ing Project No.1 has been com-
pleted in accordance with the City
of Dubuque plans and specifica-
tions.
I, therefore, recommend the ac-
ceptance of the above named proj-
ect.
Respectfuily submitted,
Gilbert D. Chavenelle
City Manager
Councilman Meyers moved that
the recommendation of the City
Manager be approved. Seconded
by Mayor McCauley. Carried by
the following vote:
Yeas-Mayor McCauley, Council-
men Couchman, Meyers, Pregler,
Schultz.
Nays-None.
FINAL ESTIMATE
RESOLUTION NO. 440-68
WHEREAS, the contract for the
City of Dubuque 1968 Hot Mix-
Hot Laid Asphaltic Concrete Pav-
ing Project No.1 on 1. Asbury
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.
improvement bonds issued upon
the above described improvement
in amount equal to the amount of
his contract, less any retained per-
centage provided for therein.
Passed, adopted and approved
this 7th day of October, 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 adop-
tion of the resolution. Seconded
by Councilman Schultz. Carried by
the foilowing vote:
Yeas - Mayor McCauley, Coun-
cilmen Couchman, Meyers, Pregler,
SchultL
Nays-None.
RESOLUTION NO. 442-68
Approval of Preliminary plans,
specifications, form of contract,
plat and all other documents, in-
cluding all items of material and
work required to construct Test
Wells and Piezometer Holes and
Aquifer Test Program, in an esti-
mated amount of $28,000., pre-
sented and read.
Mayor McCauley moved approval
of the resolution. Seconded by
Councilman Meyers. Carried by
the following vote:
Yeas - Mayor McCauley, Coun-
cilmen Couchman, Meyers, Pregler,
Schultz.
Nays-None.
(Necessity for Improvement)
RESOLUTION NO. 443-68
WHEREAS, proposed plans, spec-
ifications, form of contract have
been duly prepared and approved
by the City Council of the City
of Dubuque and are now on file
in the office of the City Clerk
showing among other things the
following:
1. An estimate of the cost of
the proposed improvement,
for the test wells and piezome-
ter holes and aquifer test pro-
gram.
BE IT THEREFORE RESOLVED
that the City Council on its own
motion or upon petition of prop-
erty owners, deems it advisable
572
Regular Session, October 7, 1968
and necessary for the public wel-
fare to make the hereinmentioned
improvement, and unless property
owners at the time of the final
consideration of this proposed res-
olution have on file with the City
Clerk objections to the amount of
the cost of improvement, they shall
be deemed to have waived all ob-
jections thereto.
Said improvement shall be con-
structed and done in accordance
with the plans and specifications
which have been prepared there-
for by the City Engineer which
have been approved by the City
Council and are now on file with
the City Clerk. That the cost and
expense of making said improve-
ment will be paid from the Water-
works Depreciation Fund.
The above resolution was intro-
duced, approved, and ordered
placed on file with the City Clerk
this 7th day of October, 1968.
Approved and placed on file for
final action.
Approved:
Sylvester McCauley
Mayor
Walter A. Pregler
Merlin F. Schultz
Donald R. Meyers
Gaylord M. Couchman
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Pregler moved ap-
proval of the resolution. Seconded
by Councilman Meyers. Carried by
the following vote:
Yeas - Mayor McCauley, Coun-
cilmen Couchman, Meyers, Pregler,
Schultz.
Nays-None.
(Fixing Date of Heorlng)
RESOLUTION NO. 444-68
WHEREAS, the City Council of
the City of Dubuque, Iowa has
given its preliminary approval on
the proposed plans, specifications,
and form of contract and placed
same on file in the office of the
City Clerk for public inspection
for the Test wells and Piezometer
holes and Aquifer test program.
BE IT THEREFORE RESOLVED
that on the 4th day of November,
1968 a public hearing will be held
at 7:30 P.M. in the Council Cham-
ber of the City of Dubuque at
which time the objectors for the
proposed improvement may appear
and make objection to the pro-
posed plans and specifications and
proposed form of contract, to the
cost of the improvement and the
City Clerk be and he is hereby
directed to cause a notice of the
time and place of such hearing to
be published in some newspaper
published in the City of Dubuque
which shall be not less than ten
(10) days prior to the day fixed
for its consideration, and said
Clerk is further instructed to ad-
vertise for proposals for the con-
struction of the aforementioned
improvement.
Passed, adopted and approved
this 7th day of October, 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. 445-68
BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY
OF DUBUQUE that pursuant to
a Resolution of Necessity No. 443-
68 which was duly passed by this
Council for the test wells and
piezometer holes and Aquifer test
program be and the same are
hereby ordered and constructed by
this Council upon its own motion
and with or without the petition
of property owners. All the work
shall be constructed in accordance
with the plans and specifications
heretofore adopted and now on
file in the office of the City Clerk.
BE IT FURTHER RESOLVED
that the cost and expense of the
said improvement be paid from
the Water Works Depreciation
Fund.
BE IT FURTHER RESOLVED
that the City Clerk be and he is
Regular Session, October 7, 1968
573
hereby ordered and directed to
advertise for proposals for the
construction of the various im-
provements herein provided for in
the manner provided by law.
BE IT FURTHER RESOLVED
that this resolution being deemed
urgent and of IMMEDIATE NE-
CESSITY shall be in force and
effect from and after its passage
and adoption by the City Council.
Passed, adopted and approved
this 7th day of October, 1968.
Sylvester McCauley
Mayor
Walter A. Pregler
Merlin F. Schultz
Donald R. Meyers
Gaylord M. Couchman
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Pregler moved adop-
tion of the resolution. Seconded
by Councilman Meyers. Carried by
the following vote:
Yeas - Mayor McCauley, Coun-
cilmen Couchman, Meyers, Pregler,
Schultz.
Nays-None.
RESOLUTION NO. 446-68
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.
WHEREAS, applications for Beer
Permits have been submitted to
this Council for approval and the
same have been examined: NOW
THEREFORE,
BE IT RESOLVED by the City
Council of the City of Dubuque,
Iowa, that the following applica-
tions be granted and licenses be
issued upon the compliance with
the terms of the ordinances of the
City.
CLASS "B" BEER PERMIT
Joseph E. Reisdorf, 601 Rhomberg
Avenue
Donald C. Brimeyer, 1100 Lincoln
Avenue
Anthony A. & Bette O. Helling,
701 Dodge Street
Doris J. Tigges, 2776 Jackson
Street
Jeannette Brenner, 521 East 22nd
Street
CLASS "C" BEER PERMIT
Harry Kopple, 1098 University
Avenue
Passed, adopted and approved
this 7th day of October, 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,
SchultL
Nays-None.
RESOLUTION NO. 447-68
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 di-
rected to issue to the following
named applicants a Beer Permit.
CLASS "B" BEER PERMIT
Joseph E. Reisdorf, 601 Rhomberg
Avenue
Donald C. Brimeyer, 1100 Lincoln
Avenue
Anthony A. & Bette O. Helling,
701 Dodge Street
Doris J. Tigges, 2776 Jackson
Jeannette Brenner, 521 East 22nd
Street
CLASS "C" BEER PERMIT
Harry Kopple, 1098 University
Avenue
BE IT FURTHER RESOLVED
that the bonds filed by such appli-
RESOLUTION NO. 449-68
WHEREAs, applications for Liq-
uor Permits were filed by the with-
in named applicants and they have
received the approval of this
Council, and
WHEREAS, the premises to be
occupied by such applicants were
inspected and found to comply
with. the State Law and all City
ordinances relevant thereto and
they have filed proper bonds;
NOW THEREFORE BE IT RE-
SOLVED BY THE CITY COUNCIl.
OF DUBUQUE, IOWA, that the
Manager be authorized to cause to
be issued to the following named
applicants a Liquor Permit.
CLASS nc" COMMERCIAL
ESTABLISHMENT
Francis T. Kohl. 1700 Central Av-
enue
575
Regular Session, October 7, 1968
adjourn. Seconded by Mayor Mc-
Cauley. Carried by the following
vote:
Yeas-Mayor McCauley, Council-
men Couchman, Meyers, Pregler,
Schultz.
Nays-None.
574
Regular Session, October 7, 1968
cants be and the same are hereby
approved.
Passed, adopted and approved
this 7th day of October, 1968.
Sylvester McCauley
Mayor
Walter A. Pregler
Merlin F. Schultz
Donald R. Meyers
Gaylord M. Couchman
Attest:
Leo F. Frommelt
City Clerk
Councilman Meyers moved adop-
tion of the resolution. Seconded by
Councilman Pregler. Carried by
the following vote:
Yeas-Mayor McCauley, Council-
men Couchman, Meyers, Pregler,
Schultz.
Nays-None.
RESOLUTION NO. 448-68
WHEREAS, applications for Liq-
uor Permits have been submitted
to this Council for approval and
the same have been examined,
NOW THEREFORE BE IT RE
SOLVED, by the City Council of
the City of Dubuque, Iowa, that
the following applications be grant-
ed and licenses issued upon the
compliance with the terms of the
IOWA LIQUOR CONTROL ACT-
CHAPTER 123-as amended by
the 60th General Assembly, 1963.
CLASS nc" COMMERCIAL
ESTABLISHMENT
Francis T. Kohl, 1700 Central Ave-
nue
CLASS "B" MOTEL
Anthony A. & Bette O. Helling,
701 Dodge Street
Passed, adopted and approved
this 7th day of October, 1963.
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:
Yeao-Mayor McCauley, Council-
men Couchman, Meyers, Pregler,
Schultz.
Nays-None.
Leo Frommelt
City Clerk
Approved ....................................1968.
Adopted ......................................1968
..................................................................................
CLASS "B" MOTEL
Anthony A. & Bette O. Helling,
701 Dodge Street
Passed, adopted and approved
this 7th day of October, 1968.
Sylvester McCauley
Mayor
Walter A. Pregler
Merlin F. Schultz
Donald R. Meyers,
Gaylord M. Couchman
Councilmen
""""""""""""'-""""""""'ï::öüñCiÏÏiiëñ""
Attest: """"""""""""'ëiïŸ"ëi~~k""
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.
Mr. E. A. Sanderson of 74 Lind-
bergh Terrace addressed the Coun-
cil requesting permission to con-
duct a candy sale to be sponsored
by the S.O.S. Club. Councilman
Pregler moved that the request be
referred to the Mayor and City
Manager. Seconded by Councilman
Couchman. Carried by the follow-
ing vote:
Yeas-Mayor McCauley, Council-
men Counchman, Meyers, Pregler,
Schultz.
Nays-None.
There being no further business
Councilman Couchman moved to
Tem Schultz. Carried by the fol.
lowing vote:
Yeas-Presiding Officer Pro Tem
Schultz, Councilmen Meyers, Preg-
ler.
Nays-None.
Absent-Mayor McCauley, Coun-
cilman Couchman.
Proof of Publication, certified to
by the Poblisher, of Mayor's Proc-
lamation of Special Election grant,
ing the Interstate Power Company
a 25 year electric franchise, pre-
sented and read.
Councilman Pregler moved that
the proof of publication be re-
ceived and filed. Seconded by
Councilman Meyers. Carried by the
following vote:
Yeas-Presiding Officer Pro Tem
Schultz, Councilmen Meyers, Preg-
ler.
Nays-None.
Absent-Mayor McCauley, Coun-
cilman Couchman.
Proof of Poblication, certified
to by the Publisher, of the Official
Ballot to be voted upon October
11, 1968, granting Interstate Power
Company a 25 year franchise, pre-
sented and read.
Councilman Pregler moved that
the proof of publication be re-
ceived and filed. Seconded by
Councilman Meyers. Carried by the
following vote:
Yeas-Presiding Officer Pro Tem
Schultz, Councilmen Meyers, Preg-
ler.
Nays-None.
Absent-Mayor McCauley, Coun-
cilman Couchman.
Totals 3990 47 24 4061
Respectfully submitted,
Sylvester McCauley
Mayor
Leo F. Frommelt
City Clerk
Councilman Meyers moved that
the canvass be received and made
a matter of record. Seconded by
Councilman Pregler. Carried by
the following vote:
Yeas-Presiding Officer Pro Tem
Schultz, Councilmen Meyers, Preg-
ler.
Nays-None.
Absent-Mayor McCauley Coun-
cilman Couchman.
576
Special Session, October 12, 1968
Special Session, October 12, 1968
577
CITY COUNCIL
OFFICIAL
Special Session, October 12, 1968.
Council met at 7:30 P.M. (D.S.T.)
Present - Councilmen Meyers,
Pregler, Schultz. City Manager Gil.
bert D. Chavenelle.
Absent-Mayor McCauley, Coun-
cilman Couchman. .lout o!,city)
Mayor McCaule~"1;he call
and stated that service thereof had
been duly made and this meeting
is called for the PURPOSE OF
SUBMITTING A CANVASS OF THE
RESULTS OF THE INTERSTATE
POWER COMPANY FRANCHISE
SPECIAL ELECTION HELD ON
OCTOBER 11, 1968, and acting
upon such other bnsiness as may
properly come before a regular
meeting of the City Council.
Councilman Pregler moved that
Councilman Merlin F. Schultz be
appointed to serve as Presiding
Officer Pro Tem of this meeting
due to the absence of Mayor Mc-
Cauley. Seconded by Councilman
Meyers. Carried by the following
vote:
Yeas-Councilmen Meyers, Preg-
ler, Schultz.
Nays-None.
Absent-Mayor McCauley, Coun-
cilman Couchman.
Communication of Commissioner
of Registration submitting list of
judges and clerks who were select-
ed to serve at the Special Electric
Franchise Election held on Octo-
ber 11, 1968. Councilman Pregler
moved that the list be approved
and received and filed. Seconded
by Presiding Officer Pro Tem
Schultz. Carried by the following
vote:
Yeas-Presiding Officer Pro Tem
Schultz, Councilmen Meyers, Preg-
ler.
Nays-None.
Absent-Mayor McCauley, Coun-
cilman Couchman.
Councilman Meyers moved that
the Auditor be instructed to draw
warrants in payment for services
rendered by the Judges and Clerks
at the special election in the
amount as provided by law. Sec-
onded by Presiding Officer Pro
Seventh 70 1 1 72
Eighth 134 0 2 136
Ninth 88 0 0 88
Tenth 221 4 2 227
Eleventh 324 2 2 328
Twelfth 132 1 1 134
Thirteenth 260 2 5 267
Fourteenth 312 5 1 318
Fifteenth 259 2 0 261
Sixteenth 513 8 1 522
October 12, 1968
To the Honorable Mayor and
Members of the City Council
Gentlemen:
In accordance with the provi-
sions of Section 50.20 of the 1966
Code of Iowa, on October 12, 1968,
we made a public canvass of the
INTERSTATE POWER COMPANY
FRANCmSE SPECIAL ELECTION
held on October 11, 1968 and here-
with submit the report of the can-
vass;
Precinct
First
Second
Third
Fourth
Fifth
Sixth
RESOLUTION NO. 450-68
WHEREAS a special municipal
election was held on October 11,
1968, in the City of Dubuque, ,
Iowa, pursuant to Ordinance No.
57-68, finally passed by the Coun.
cil on the 9th day of September
1968, at which election the fol.
lowing question or proposition
was submitted to the electors of
the City of Dubuque, lowe, as
provided by the Statute of Iowa,
namely to.wit:
"SHALL THE FOLLOWING PUB.
LIC MEASURE BE ADOPTED?"
Shall the following public meas-
ure as set forth in Ordinance No.
57-68 as enacted by the City Coun-
cil of the City of Dubuque, on the
9th day of September, 1968, grant-
ing unto Interstate Power Com-
pany, a Delaware corporation, its
successors and assigns, a non-ex-
clusive right and authority for a
period of twenty-five years from
and after the passage, approval and
publication of said Ordinance to
erect, install, construct, reconstruct,
repair, own, operate, maintain,
manage and control an electric
plant within the corporate limits
of said municipality and an electric
transmission and distribution sys-
Yes No
478 7
323 3
188 0
98 1
204 0
386 11
Def. Tot.
1 486
0 328
0 188
0 99
2 206
6 403
tem consisting of poles, wires, con-
duits, pipes, conductors, and other
fixtures, in, under, over, along and
across the streets. lanes, avenues,
sidewalks, alleys, bridges and pub-
lic ground of said municipality for
the purpose of producing and fur-
nishing electric energy for light,
heat, power, and other purposes to
said municipality and its inhabi-
tants and prescribing terms and
conditions under which the com-
pany is to operate and which re-
peals Ordinance No. 15-48 be adop-
ted? and
WHEREAS the votes cast at such
election were canvassed by the
Mayor and Clerk on October 12,
1968, and the result found to be
as follows:
Yes No Defective Total
3990 47 24 4061
WHEREAS it appears from such
canvass that a majority of all the
electors voting at said special elec-
tion 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 Octo-
ber 11, 1968, the above electric
franchise ordinance is approved
and ratified, and that Ordinance
No. 57-68 be published in the Tele-
graph Herald Newspaper on Oc-
tober 16, 1968.
Passed, adopted and approved
on this 12th day of October, 1968.
Merlin F. Schultz
Presiding Officer Pro Tem
Walter A. Pregler
Donald R. Meyers
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Pregler moved adop-
tion of the resolution. Seconded by
Presiding Officer Pro Tem Schultz.
Carried by the following vote:
Yeas-Presiding Officer Pro Tem
Schultz, Councilmen Meyers, Preg-
ler.
Nays-None.
Absent-Mayor McCauley, Coun-
cilman Couchman.
I ,ill
:11
j
578
Special Session, October 12, 1968
ACCEPTANCE OF DUBUQUE
ELECTRIC FRANCHISE
Interstate Power Company, a
Deleware corporation, hereby ac-
cepts the electric franchise granted
by City of Dubuque, Iowa, in its
Ordinance No. 57-68 and hereby
agrees to be bound by the terms
and conditions set forth in said
ordinance and agrees to perfonn
all conditions therein set forth.
Dated this 12th day of October,
1968.
INTERSTATE POWER COMPANY
By R. W. Steele
President
S. M. Nicholson
Seeretary
(Corporate Seal)
Councilman Meyers moved ap-
proval of the acceptance by the
Interstate Power Company and the
Clerk be instructed to publish same
as part of the Official publication
of Ordinance No. 57-68. Seconded
by Presiding Officer Pro Tem
Schultz. Carried by the following
vote:
Yeas-Presiding Officer Pro Tem
Schultz. Councilmen Meyers, Preg-
ler.
Nays-None.
Absent-Mayor McCauley, Coun-
cilman Couchman.
Proof of Publication, certified to
by the Publisher, of Notice to
Property owners, of a public hear-
ing on the resolution of necessity,
estimate of cost and a plat and
schedule for the City of Dubuque
1968 Asbury Road Water Main
Project No.1 to be constructed
from the W.P.L. of Lot 1 of Lot 1
of Asbury Park in Sec. 21, Dubuque
Township and to the W.P.L. of Lot
2 of Lot 1 of Lot 1 of SWV. SWV.
Section 16, Twp. 89 N. R. 2E, 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. Council-
man Meyers moved that the proof
of publication be received and
filed. Seconded by Presiding Offi-
cer Pro Tem Schultz. Carried by
the following vote:
Yeas-Presiding Officer Pro Tem
Schultz, Councilmen Meyers, Preg-
ler.
Nays-None.
Absent-Mayor McCauley, Coun-
cilman Couchman.
Statement of City Clerk certify-
ing that notices of public hearing
on resolution of necessity were
mailed by certified mail on Sep-
tember 18, 1968, to property own-
ers of record subject to assessment
to pay for cost of constructing City
of Dubuque 1968 Asbury Road
Water Main Project No.1, present-
ed and read. Councilman Pregler
moved that the statement be re-
ceived and filed. Seconded by Pre-
siding Officer Pro Tem Schultz.
Carried by the following vote:
YeaS-Presiding Officer Pro Tem
Schultz, Councilmen Meyers, Preg-
ler.
Nays-None.
Absent-Mayor McCauley, Coun-
cilman Couchman.
RESOLUTION NO. 409-68
Resolution of necessity for con-
struction of (Short Title)
City of Dubuque 1968 Asbury
Road Water Main Project No.1
also setting time and place of hear-
ing and prescribing notice for
(Short Title)
City of Dubuque 1968 Asbury
Road Water Main Project No.1
Whereas, proposed plans and
specifications, plat and schedule
have been duly prepared and ap-
proved by the City Council of the
City of Dubuque and are now on
file in the office of the City Clerk
showing, among other, things the
following:
a. An estimated total cost of the
work.
b. The amount proposed to be
assessed agaiust each lot for the
improvement for the construction
of (description of improvement)
City of Dubuque 1968 Asbury
Road Water Main Project No.1.
from the west property line of
Lot 1 of Lot 1 of Asbury Park
in Section 21, Dubuque Town-
ship, Dubuque, Iowa, to the west-
erly property line of Lot 2 of
Lot 1 of Lot 1 of SWV. of SWV.
Seetion 16, T. 89. N. R. 2E.
Be It Therefore Resolved by the
City Council of the City of Du-
buque, Iowa:
1. That the City Council deems
it advisable and necessary for the
public welfare to make Said im-
provement.
Special Session, October 12, 1968
579
2. Said improvement shall be
constructed and done in accord-
ance with said plans and specifica-
tions and a portion of the total
cost of making said improvement
shall be assessed against all pri-
vately owned property lying within
the assessment district shown on
such plat in an amount not to ex-
ceed the amount provided by law
and in proportion to the special
benefits couferred thereby and the
remainder of the total cost shall
be paid out of the Water Works
Depreciation fund.
3. Bonds shall be issued and
sold in anticipation of deferred
payments of assessments when a
contract has been performed and
accepted and the proceeds thereof
used to pay the contractor.
4. On the 12th day of October
1968 at 7:30 P.M., the City Council
will meet in the City Council cham-
bers in the City Hall, in the City
of Dubuque, Iowa and hear prop-
erty owners subject to the assess-
ment and interested parties for
and against the improvement, its
cost, the assessment thereof, or the
boundaries of the district.
5. The City Clerk is hereby au-
thorized and directed to cause pub-
lic notice of the date, time and
place of hearing to be given by
publication once each week for
two consecutive weeks the first of
which publications shall be not
less than fúteen nor more than
twenty five days prior to said
hearing and by mailing a copy of
said notice by certified mail to
the owners of said property to be
assessed, as shown by the records
in the office of the County Auditor
on or before the first publication
of the notice.
Approved on first reading this
16th day of September 1968.
Sylvester McCauley
Mayor
Walter A. Pregler
Merlin F. Schultz
Donald R. Meyers
Gaylord M. Couchman
CouncÜDlen
Attest:
Leo F. Frommelt
City Clerk
Passed, adopted and approved as
proposed, this 12th dsy of October
1968.
Merlin F. Schultz
Presiding Officer Pro Tem
Walter A. Pregler
Donald R. Meyers
Attest:
Leo F. Frommelt
City Clerk
Councilman Pregler moved adop-
tion of the resolution. Seconded
by Presiding Officer Pro Tem
SchultL Carried by the following
vote:
YeaS-Presiding Officer Pro Tem
Schult¡, Councilmen Meyers, Preg-
ler.
Nays-None.
Absent-Mayor McCauley, Coun-
cilman Couchman.
RESOLUTION NO. 451-68
Resolution Approving Detailed
Plans, Specifications, Form of
Contract and Notice to Bidders,
and Directing Advertisement to
Bidders.
WHEREAS the City Council of
the City of Dubuque, Iowa has
heretofore adopted Resolution No.
409-68 being a Resolution of Neces-
sity for the construction of
CITY OF DUBUQUE 1968
ASBUBY ROAD WATER MAIN
PROJECT NO.1
From the west property line of
lot 1 of lot 1 of Asbury Park in
Section 21, Dubuque Township,
Dubuque, Iowa, to the westerly
property line of lot 2 of lot 1
of lot 1 of S.W.¥< of SW.¥<-
Section 16 T89N. R. 2E.
anel,
WHEREAS the City Engineer
has submitted and filed with the
City Clerk detailed plans and spe-
cifications, fo 'ID of contract and
notice to bidders for said improve-
ment,
NOW THEREFORE, BE IT RE-
SOLVED that said plans, specifica-
tions, form of contract, and notice
to bidders are hereby approved,
and that the City Clerk is hereby
authorized and directed to publish
said notice to hidders, in the man-
ner provided by law, once each
week for two consecutive weeks,
the first of which publications
shal1 be not less than twelve (12)
proposals prepared by the Engi-
neer-
Payments will be made as fol-
lows:
A portion of the cost and ex-
pense of such improvement will
be specially assessed upon and
against benefitted property, and
payment of such portion of the
contract price, without interest,
will be made to the contractor in
cash from the proceeds of the sale
of public improvement bonds is-
sued in anticipation of the collec-
tion of such special assessments
after the work is fully completed
and accepted by the City Council;
and any deficiency between the
contract price and the amount of
the assessments will be paid from
the Water Works Depreciation
Fund.
10% of the total contract price
shall be retained for a period of
thirty (30) days to insure the pay.
ment for all labor and materials
which may be furnished on said
work. The City share of this work
will be paid after acceptance of
the work by the City Council.
All work herein provided for
shall be commenced within 10 days
after the notice to proceed is is-
sued and be fully completed within
60 calendar days from the time of
commencement.
All bids and proposals must be
accompanied in a separate enve-
lope by a check on an Iowa bank,
certified by such bank and payable
to the order of the City Treasurer
at his office to the amount of 10%
of the bids submitted, as security
that the bidder will enter into a
contract for the doing of the work
and will give bond with proper
securities for the faithful perform-
ance of the contract in the form
at t a c h e d to the specifications,
which includes a provision that
the Contractor must keep the im-
provements in good repair for a
period of 4 years from and after
the completion and acceptance
thereof, and in case the successful
bidder shall fail or refuse to enter
into the contract and furnish re-
quired bond, the certified check
accompanying his bid will be re-
tained by said City as agreed liq-
uidated damages.
No bid submitted by any con-
tractor which contains a condition
or qualification shall be recognized
or accepted by the City Council
and any letter of commnnication
accompanying the bid which con-
tains a condition of qualification
upon the bid which has the effect
of qualifying or modifying any
provision of the specifications in
any manner will be construed as
a qualifying bid and will be re-
jected by the City Council as not
responsive.
All proposals must be made on
blanks furnished by the City En
gineer, and each bidder will be
required to state his prices for
doing all the items in each section
on which he makes a bid and for
all things necessary to make a
completed job.
The City Council reserves the
right to reject all bids. The con-
tract will be let to the lowest bid-
der, unless all bids are rejected,
or the Council for cause shall find
it necessary to reject one or more
bids.
All bids will be publicly opened
and read by the City Manager and
submitted to the Council for final
action at a meeting to be held at
the Council Chamber in the City
Hall of said City at 7:30 o'clock
P.M. on the 4th day of November
1968 and a contract will be award-
ed at that time or such subsequent
time as the Council may deter-
mine.
Published by order of the City
Council of said City and dated this
12th day of October, 1968.
Leo F. Frommelt
Clerk of the City
of Dubuque
2 t. 10-14-21
Presiding Officer Pro Tem
Schultz moved adoption of the res
olution. Seconded by Councilman
Pregler. Carried by the following
vote:
Yeas-Presiding Officer Pro Tem
Schultz, Councilmen Meyers, Preg-
ler.
Nays-None.
Absent-Mayor McCauley, Coun-
cilman Couchman.
Proofs of Publication, certified
to by the Poblishers, of Notice
of Levy of Special Assessment and
Intention of the City Council to
issue bonds to pay for construc-
tion of Boulevard Street Lights
ànd Appurtenances on Orchard
Drive, Cider Ridge, Jonathan Lane
580
Special Session, October 12, 1968
Special Session, October 12, 1968
581
days before the date set in said
notice for receiving bids.
Passed, adopted and approved
this 12th day of October 1968.
Merlin F. Schultz
Presiding Officer Pro Tem
Walter A. Pregler
Donald R. Meyers
Attest:
Leo F. Frommelt
City Clerk
NOTICE TO CONTRACTORS
OF THE RECEIPT OF
PROPOSALS FOR THE
CONSTRUCTION OF
CITY OF DUBUQUE 1968
ASBURY ROAD WATER MAIN
PROJECT NO.1
Sealed proposals will be received
by the City Clerk of the CIty of
Dubuque, Iowa, at his office in
the City Hall up to 10 o'clock A.M.
on the 4th day of November, 1968,
for the construction of
City of Dubuque 1968 Asbury
Road Water Main Project No.1,
from the west property line of
Lot 1 of Lot 1 of Asbury Park
in Seetion 21, Dubuque Town-
ship, Dubuque, Iowa, to the west-
erly property line of Lot 2 of
Lot 1 of Lot 1 of SWV. SWV.
Section 16, T. 89 N. R. 2E.
It is estimated that the follow-
ing items of work and material
will be required to complete the
above mentioned improvement:
1,670 Lin Ft. of 12" Cast Iron
water Pipe in place
4 Lin Ft. of 6" Cast Iron Water
Pipe in place
1 No. of 12" Valves and boxes
in place
2 No. of 12" x 6" Anchor tee's
in place
2 No. of Hydrants in place
25 Sq. Yds. of 3" Asphalt with
10" base stone in place
2 No. of 6" Valves and boxes in
place
593 Tons of Sandfill in place
185.5 Tons of Crushed Rock or
gravel in place
The plans and specifications on
file in the CIty Clerk's office and
the profiles and cross sections in
the City Engineer's office should
be consulted by the contractor In
order to detennine the location,
the construction and details relat-
ing to this improvement and bids
will be received therefor on blank
and Delicia Drive on Blocks 1, 2,
3, 4 and 5 Orchard Hills Subdivi-
sion in the City of Dubuque, Iowa,
presented and read.
Councilman Pregler moved that
the proofs of publication be re-
ceived and filed. Seconded by
Councilman Meyers. Carried by
the following vote:
Yeas-Presiding Officer Pro Tem
Schultz, Councilmen Meyers, Preg-
ler.
Nays-None.
Absent-Mayor McCauley, Coun-
cilman Couchman.
Statement of City Clerk certify-
ing that notices of public hearing
and levy of assessments were
mailed to property owners of rec-
ord subject to assessment for pay-
ment of construction of Boulevard
Lights and Appurtenances in Or-
chard Hills Sub., by certified mail
on September 18, 1868, presented
and read. Councilman Me y e r s
moved that the statement be re-
ceived and filed. Seconded by
Councilman Pregler. Carried by
the following vote:
Yeas-Presiding Officer Pro Tem
Schultz, Councilmen Meyers, Preg-
ler.
Nays-None.
Absent-Mayor McCauley, Coun-
cilman Couchman.
Statement of Ray D. Rampson,
a member of the Engineering De-
partment, certifying that Notices
of levy were posted in the area of
construction of Boulevard Lights
on Orchard Hills Subdivision on
September 24, 1968, presented and
read. Councilman Pregler moved
that the statement be received and
filed. Seconded by Presiding
Officer Pro Tem Schultz. Carried
by the following vote:
YeaS-Presiding Officer Pro Tem
Schultz, Councilmen Meyers, Preg-
ler.
Nays-None.
Absent-Mayor McCauley, Coun-
cilman Couchman.
RESOLUTION NO. 452-68
SCHEDULE OF ASSESSMENTS
RESOLVED by the City Council
of the City of Dubuque, Iowa: That
to pay for construction of and in-
stallation of Boulevard Lights and
Appurtenances on Orchard Drive,
CIder Ridge, Jonathan Lane and
Delicia Drive on Blocks 1, 2, 3, 4
582
Special Session, October 12, 1968
and 5 Orchard Hills Subdivision,
City of Dubuque, Iowa, by TSCIDG-
GFRlE EXCAVATING CONTRAC-
TOR, in front of and adjoining the
same, a special tax be and is here-
by levied on the several lots, and
parts of lots, and parcels of real
estate all as named, situated and
owned, and for the several amounts
set opposite each lot or parcel of
real estate, as set forth in the fol.
lowing schedule.
Boulevard Street Lights and Appurtenances
on Orchard Drive, Cider Ridge, ~onathan Lane and Delicia Drive
on Blocks 1, 2, 3, 4 and 5 Orchard Hills Subdivision,
City of Dubuque, Iowa
Special Session, October 12, 1968
Theodore W. & Mary Jane Boge, Lot 8, Block 3, Orchard Hills
Sub.....................................................................................................
Alfred A. & Virginia A. Schmitt, Lot 9, Block 3, Orchard Hills
Sub............................................................................................"""'"
Thomas Earl & Ida Marie LInden, Lot 10, Block 3, Orchard Hills
Sub.....................................................................................................
Robert S, & Pauline Ruegnitl, Lot 11, Block 3, Orchard mils
Sub. """"'...................,..........................."..........................................
Felix H. & Susanne M. Uelner, Lot 12, Block 3, Orchard Hills
Sub................................,....................................................................
Felix H. & Susanne 114. Nelner, Lot 13, Block 3, Orchard mils
Sub. .....................................................................".............................
Felix H. & Susanne M. Uelner, Lot 14, Block 3, Orchard Hills
Sub. ............"......................................................................................
Henry J. Kieffer, ú>t 15, Block 3, Orchard Hills Sub. ....................
Melvin Louis & Audrey Krieman, Lot 16, Block 3, Orchard Hilla
Sub.....................................................................................................
Orchard Park Inc., Lot 17, Block 3, Orchard Hills Sub. """"""""
Donald J. & Lois J. Lent, Lot 18, Block 3, Orchard Hills Sub. ....
Leo F. Bly Company, Lot 1, Block 4, Orchard Hills Sub. ................
Harry Barelay '" Marguetlœ, Ethel Johnson, Block 4, Orchard
Hills Sub. ..........................................................................................
Eugene V. & Kathleen Mai, Lot 3, Block 4, <mhard Hills Sub. ....
John J. & Julitta M. Rðkusek Jr., Lot 4, Block 4, Orchard Hills
Sub.....................................................................................................
Herman Heyo 8< Talke. Tjarks, Lot 5, Block 4, Orchard Hills
Sub.....................................................................................................
Herman Heyo Tjarks, Lot 6, Block 4, Orchard Hills Sub. ............
Robert Gene 8< Lorretta D. Steichen, Lot 7, Block 4, Orchard
Hills Sub.......................................................................................-...
Rðbert L. 8< Frances J. Hutchison, Lot 8, Block 4, Orchard Hills
Sub. ....................................................................................................
Thomas J. & Cecelia M. Manternach, Lot 9, Block 4, Orchard
Hills Sub...........................................................................................
Stephen J. '" Sharon Voelz, Lot 10, Block 4, Orchard Hills. Sub. ..
Harold James Riege, Lot 11, Block 4, Orchard Hills. Sub. ........"..
Arthur L. & Judith A. Allen, Lot 13, Block 4, Orchard Hills
Sub.....................................................................................................
Paul J. & Nancy L. Uhlrich, Lot 1, Block 5, Orchard Hills Sub. ..
Wm. R. Sr. & Joyce Parker, Lot 2, Block 5, Orchard Hills Sub. ....
Donald E. & Constance Ollendick, Lot 3, Block 5, Orchard Hills
Sub.....................................................................................................
Willi & Irmgard Preu, Lot 4, Block 5, Orchard Hills Sub. ............
James E. & Karen M. Kieffer, Lot 5, Block 5, Orchard Hills
Sub.....................................................................................................
Kenneth R. & Mary B. Townsend, Lot 6, Block 5, Orchard mils
sub. .."""""""""""""""""""""""""""""""""""""""""""""""""
John H. 8< Doris E. Kivlahan, Lot 7, Block 5, Orchard Hills Sub. ..
Construction Cost ....".............................
5% Interest for 52 days
12'1'. Engineering
.............................$3,058.75
22.09
367.05
TOTAL COST: ..............................,...................................................$3,447.89
Walter S. & Gayle Fuller, Lot 2-1, Block 1, Orchard mlls Sub. ....$ 15.54
Walter S. & Gayle Fuller, Lot 1-1, Block 1, Orchard HillS Sub. .... 67.96
Merlin J. & Hilma J. Purnhage, Lot 2, Block 1, Orchard Hills
Sub. """""""""""""",""""""""""""""""""""""""""""""""""'" 48.54
Raymond O. & Marie Pregler, Lot 3, Block 1, Orchard Hills
Sub. .................................................................................................... 48.54
Francis E. & Anna M. McMillan, Lot 4, Block 1, Orchard Hills
Sub. ....................................................................................................
Orchard Park Inc., Lot 5, Block 1, Orchard Hills Sub. .........".......
Henry J. Kieffer, Lot 6, Block I, Orchard Hills Sub. """"......"""
James J. & Sandra R. Koelker, Lot 7, Block 1, Orchard Hills
Sub. .................................................................................................... 63.48
Ruthven J. & Virginia Krieger, Lot 8, Block 1, Orchard Hills
Sub. .................................................................................................... 64.73
William & Mary Ellen Schwarz, Lot 1, Block 2, Orchard Hills
Sub. .................................................................................................... 55.66
James T. Jr. & Genevieve Givens, Lot 2, Block 2, Orchard Hills
Sub. .................................................................................................... 58.90
Frank J. & Myrna J. Frappier, Lot 3, Block 2, Orchard Hills
Sub............................................................................""""""""'"......
Henry J. Kieffer, Lot 4, Block 2, Orchard Hills Sub. ......................
John W. 8< Janet M. Goebel, Lot 5, Block 2, Orchard Hills Sub. ..
Joseph G. & Betty J. Lambert, Lot 6, Block 2, Orchard Hills
Sub. .................................................................................................... 58.25
Eugene J. & Shirley A. Kamentz, Lot 7, Block 2, Orchard mils
Sub- .................................................................................................... 64.72
Robert M. & Shirley A. Schute, Lot 8, Block 2, Orchard Hills
Sub. .................................................................................................... 78.33
William R. 8< Arlene S. White, Lot 9, Block 2, Orchard Hills
Sub. .................................................................................................... 64.72
Leonard A. & Helen Hafeman, Lot 10, Block 2, Orchard Hills
Sub.....................................................................................'""""""'"
James F. & Carole Barry, Lot 11, Block 2, Orchard Hills Sub. ....
Orchard park Inc., Lot 12, Block 2, Orchard Hills Sub. ................
Henry J. Kieffer, Lot 13, Block 2, Orchard Hills Sub. .........."........
Orchard Park Inc., Lot 14, Block 2, Orchard Hills Sub. ............"....
Ralph H. & Florence Macker, Lot 1-1, Block 3, Orchard Hills
Sub.....................................................................................................
City of Dubuque, Lot 2-1, Block 3, Orchard Hills Sub. ....................
John D. & Marie Ann Eckel, Lot 2, Block 3, Orchard Hills Sub. ..
Ralph E. & Doni I. Curler, Lot 3, Block 3, Orchard Hills Sub. ....
Maurice Henry & Elaine Mellon, Lot 4, Block 3, Orchard Hills
Sub.....................................................................................................
George & Delores Steuer, Lot 5, Block 3, Orchard Hills Sub. ....
John V. Meehan, Lot 6, Block 3, Orchard Hills Sub. ....................
Donald B. & Muriel B. Grau, Lot 7, Block 3, Orchard Hills Sub. ..
56.96
58.25
58.25
51.78
51.78
51.78
583
51.78
51.78
58.90
66,67
64.72
64.72
84.72
64.72
58.25
51.78
51.78
84.72
51.78
51.78
51.78
65.37
55.02
51.78
55.02
75.74
58.25
51.78
58.25
51.78
51.78
51.78
51.14
64.72
64.72
51.79
51.78
53.07
60.85
51.78
51.78
64.72
48.54
55.02
51.78
$3,447.89
Sodding, 218 Sq. Yds. @ 1.10 ........................................................-.....$ 239.80
Extra Work~Boring, Rock Lump ..........................,........................... 249.50
20' Galvanized Standards, 11 No. of @ 106.70 ................................ 1,173.70
Concrete foundations, 11 No. of @ 50.90 """"..............................".. 559.90
Trenching, 1,482 Lin. ft. @ .564 ........-........................................... 835.85
$3,058.75
22.09
367.05
5% Interest/52 days
12% Engineer Erp.
56.31
51.78
51.78
51.78
$3,447.69
ALL OF WInCH IS ASSESSED IN PROPORTION TO THE
SPECIAL BENEFITS CONFERRED-
584
Special Session, October 12, 1968
Passed, adopted and approved
this 12th day of October 1968.
Merlin F. Schultz
Presiding Officer Pro Tem
Walter A. Pregler
Donald R. Meyers
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Pregler moved adop-
tion of the resolution. Seconded by
Presiding' Officer Pro Tem SchultL
Carried by the following vote:
Y~as-Presiding Officer Pro Tem
Schultz, Councilmen Meyers, Preg-
ler.
Nays-None.
Absent-Mayor McCauley, Coun-
cilman Couchman.
Proofs of Publication, certified
to by the Publishers, of Notice of
public hearing on a proposal to
authorize the issuance of Street
improvement bonds in the amount
of $3,447.89 for the purpose of
paying for the cost of construction
of Boulevard Lights and appurte
nances on Orchard Drive, Cider
Ridge, Jonathan Lane and Delicia
Drive on Blocks 1, 2, 3, 4 and 5
Orchard Hills Sub. presented and
read. Councilman Meyers moved
that the proof of publication be
received and filed. Seconded by
Presiding Officer Pro Tem Schultz.
Carried by the following vote:
Yeas-Presiding Officer Pro Tem
Schultz, Councilmen Meyers, Preg-
ler.
Nays-None.
Absent-Mayor McCauley, Coun-
cilman Couchman.
RESOLUTION NO. 453-68
Resolution providing for the is-
suance of S t r e e t Improvement
Bonds for the purpose of provid-
ing for the payment of the assessed
cost of installing Boulevard lights
and appurtenances on Orchard
Drive, Cider Ridge, Jonathan Lane
and Delicia Drive on Blocks 1, 2,
3, 4 and 5 Orchard Hills Subdivi-
sion, City of Dubuque, Iowa
Whereas the contract heretofore
entered into by the City of Du-
buque, Iowa, for the improvement
hereinafter described has been
completed and the City Manager
has certified the completion there-
of to the City Council and the City
Council has ascertained the cost
thereof and has determined that
$3,447.89 Dollars of the cost there-
of shall be assessed against the
pro per t y subject to assessment
therefore; and
Whereas public notice, as pro-
vided by law, has been pilblis;led
by the City Clerk stating the in-
tention of the City Council to issue
bonds for the purpose of provid-
ing for the payment of the assessed
cost of said improvement and a
public hearing has been heid, pur-
suant to such notice and all ob-
jections made thereto have been
considered and determined;
NOW THEREFORE BE IT RE-
SOLVED by' the City Council of
the City of Dubuque:
1. That to provide for the pay-
ment of the assessed cost of in-
stalling Boulevard Lights and Ap-
purtenances on Orchard Drive,
Cider Ridge, Jonathan Lane and
Delicia Drive on Blocks 1, 2, 3, 4
and 5 Orchard Hills Subdivision,
City of Dubuque, Iowa there shall
be issued improvement bonds in
the amount of $3,447.89 Dollars in
anticipation of the deferred pay-
ment of assessments levied for
such improvement.
2. Such bonds shall be called
Street Improvement bonds; and
shall bear the date of November
12, 1968; and shall be numbered
consecutively; and they shall be
numbered, divided into series, and
be in such denominations and for
such maturity dates as are shown
in the following table:
Series No.1, Bond No. none,
Denomination none, Maturity........
Series No.2, Bond No. none,
Denomination none, Maturity........
Series No.3, Bond No. none,
Denomination none, Maturity........
Series No.4, Bond No. none,
Denomination none, Maturity........
Series No. 5-, Bond No. 1132, De-
nomination $500.00, Maturity April
1, 1973
Series No.6, Bond No. 1133, De-
nomination $500.00, Maturity April
1, 1974
Series No.7, Bond No. 1134, De-
nomination $500.00, Maturity April
I, 1975 .
Series No.8, Bond No. 1135, De-
nomination $500.00, Maturity April
1, 1976
Series No.9, Bond No, 1136, De-
nomination $500.00, Maturity April
1, 1977
Special Session, October 12, 1968
585
Series No. 10, Bond No. 1137, De-
nomination $500.00, Maturity April
1, 1978
Series No. 10, Bond No. 1138, De-
nomination $447.89, Maturity April
1, 1978
3. Said bonds shall bear interest
at the rate of 5 per cent per an-
num, payable semi-Annually in ac-
cordance with coupons thereto at-
tached:
4. Said bonds shall not make the
City of Dubuque liable in any way,
except for the application of said
special assessment funds.
5. Said bonds shall provide that
they may be payable at any time
prior to the maturity date stated
therein at the option of the City
of Dubuque and shall be in sub-
stantially the following form:
No.
Series No.
CITY OF DUBUQUE
Street Improvement Bond
The City of Dubuque in the
State of Iowa promises to pay as
hereinafter mentioned to the bear-
er hereof, the sum of Five Hundred
dollars with interest thereon at the
rate of 5 per cent per annum, pay-
able semi-annually, on the presen-
tation and surrender of the inter
est coupons hereto attached. Both
principal and interest of this bond
are payable at the office of the
City Treasurer in the City of Du-
buque, in the State of Iowa. This
bond is issued by the City of Du-
buque under and by virtue of
Chapter 396 of the 1954 Code of
Iowa, as amended, and the Resolu-
tion of said City duly passed on
the 12th day of October, 1968,
being Resolution No. 453-68.
This Bond is one of series of
........ bonds, ........ for $........ num-
bered from ........, and one for $........
numbered ........, all of like tenor
and date, and issued for the pur-
pose of installing Boulevard Li~hts
and Appurtenances on Orchard
Drive, Cider Ridge, Jonathan Lane
and Delicia Drive on Blocks 1, 2,
3, 4 and 5 Orchard Hills Subdivi-
sion, City of Dubuque, Iowa as
described in said Resolution, in
said City, which cost is payable
by the abutting and adjacent prop-
erty along said improvements and
is made by law a lien on all of
said property. It is payable oniy
out of the Special Assessment Fund
created by the collection of said
special tax, and said fund can be
used for no other purpose.
It is hereby certified and recited
that all the acts, conditions and
things required to be done, pre-
cedent to and in issuing this series
of bonds, have been done, hap-
pened, and performed, in regular
and due form, as required by law
and said Resolution, and for the
assessment, collection and payment
hereon of said special tax, the full
faith and diligence of said City of
Dubuque are hereby irrevocably
pledged.
IN TESTIMONY WHEREOF the
City of Dubuque by its Council
has caused this bond to be signed
by its Mayor and countersigned by
its City Clerk and the Seal of said
City to be thereto affixed, this
12th day of December, 1968.
(SEAL)
""""""""""""""""'M~Ÿ~;"""""'"
..........................................................
City Clerk
(Form of Coupon)
On the ........ day of ............, the
City of Dubuque, Iowa, promises
to pay to the bearer, as provided
in said bond, the sum of ................
Dollars, in the office of the City
Treasurer in the City of Dubuque,
being ........ months' interest due
that date on its ............ Bond No.
............ dated .....................
""""""""""""""""'M~y~;"""""'"
..........................................................
City Clerk
6. That the Mayor and City Clerk
be and they are hereby instructed
to cause said bonds to be prepared
and when so prepared to execute
said bonds and that the City Clerk
be and he is hereby instructed to
register said bonds in a book kept
for that purpose and to then de-
liver them to the City Treasurer.
7. That the City Treasurer is
hereby instructed to sell said bonds
in the manner provided by law,
the proceeds of said sale to be
placed in a special fund to be
586
Special Session, October 12, 1968
Special Session, October 14, 1968
587
known as Special Assessment Fund
No. 1271 and paid out by him to
pay the cost of said contract.
8. That the interest coupons at-
tached to the bonds be signed
with the facsimile signature of the
Mayor and countersigned with the
facsimile si¡nature of the City
Clerk.
9. That as fast as funds allow,
beginning with the second year
after the payment of interest due,
the City Treasurer is directed to
call these bonds in the same order
as numbe~d.
10. Notice of election to call
these bonds shan be given by reg-
ular United States Mail, addressed
to the last known address of the
purchaser.
Passed, adopted and approved
this 12th day of October 1968.
Merlin F. Schultz
Presiding Officer Pro Tem
Walter A. Pregler
Donald R. Me",rs
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Meyers moved adop-
tion of the resolution. Seconded by
Presiding Officer Pro Tem Schultz.
Carried by the following vote:
Yeas-Presiding Officer Pro Tem
Schultz, Councilmen Meyers, Preg-
ler.
Nays-None.
Absent-Mayor McCauley, Coun-
cilman Couchman.
There being no further business
CoUDcilman Preper moved to ad-
journ. Seconded by Presiding Offi-
cer Pro Tem Schultz. Carried by
the following vote:
Yeas-Presiding Officer Pro Tem
Schultz, Councilmen Meyers, Preg-
ler.
Nays-None.
Absent-Mayor McCauley, Coun-
cilman Couchman.
Leo F. Frommeit
City Clerk
CITY COUNCIL
OFFICIAL
Special Session, October 14, 1968.
Council met at 7:30 P.M. (D.S.T.)
Present-Councilmen Couchman,
Meyers, Pregler, Schultz. City Man.
ager Gilbert D. Chavenelle.
Absent-Mayor McCauley (out of
city).
Councilman Couchman moved
that Councilman Pregler be ap-
pointed to serve as Presiding Offi-
cer Pro Tem of this meeting due
to the absence of the Mayor. Sec-
onded by Councilman Schultz. Car-
ried by the following vote:
Yeas - Councilmen Couchman,
Meyers, Pregler, Schultz.
Nays-None.
Presiding Officer Pro Tem Preg-
ler read the call and stated that
service thereof had been duly
made and this meeting is called
for the purpose of considering
ordinances to provide for the in-
crease of present water rates and
sanitary sewer rental rates, and
acting upon such other business as
may properly come before a regu-
lar meeting of the City Council.
Communication of Iowa State
Highway Commission submitting a
map of proposed improvement and
relocation of Highway 3 and setting
date of hearing as October 24,
1968, in Sageville, presented and
read. Councilman Meyers moved
that the communication be received
and filed. Seconded by Councilman
Schultz. Carried by the following
vote:
Yeas-Presiding Officer Pro Tem
Pregler, Councilmen Couchman,
Meyers, Pregler.
Nays-None.
Absent-Mayor McCauley.
October 9, 1968
To the Honorable Mayor
and City Council
Gentlemen:
A request has been received for
street lighting on Ramona Street.
The area has been investigated and
two 175 watt mercury vapor lights
are recommended at the following
locations:
1. On Rsmona between 721 and
725.
Approved ....................................1968.
Adopted ....................................1968.
............................,.............................
""""""""""""""""'c~~;;:clï;;;~;;:'"
Attest: """ciï1"ëi~;k'.""'" ...........
2. The intersection of Ramona
and Mt. Loretta.
Respectfully requested,
Gilbert D. Chavenelle
City Manager
Presiding Officer Pro Tem Preg-
ler moved that the recommenda-
tion of the City Manager be ap-
proved. Seconded by Councilman
Couchman. Carried by the follow-
ing vote:
Yeas-Presiding Officer Pro Tem
Pregler, Councilmen Couchman,
Meyers, Schnltz.
Nays-None.
Absent-Mayor McCauley.
October 9, 1968
To the Honorable Mayor
and City Council
Gentlemen:
I am returning to you a petition
for street lighting on the Asbury
Road between John F. Kennedy
Road and the Bonson Road.
The area has been investigated
and it is recommended that five
175 watt mercury vapor lights be
installed on the north side of As-
bury on the existing poles.
Respectfully requested,
Gilbert D. Chavenelle
City Manager
Councilman Couchman moved
that the recommendation of the
City Manager be approved. Second.
ed by Councilman Meyers. Carried
by the following vote:
Yeas - Presiding Officer Pro
Tem Pregler, Councilmen Couch-
man, Meyers, Schultz.
Nays-None.
Absent-Mayor McCauley.
October 9, 1968
To the Honorable Mayor
and City Council
Gentlemen:
I am returning to you the peti-
tion of Dorrance Lange to con-
struct a carport in Farragut Street.
r am enclosing a letter from
John White dated October 8th
which explains the favorable ac-
tion which has been taken.
Respectfully,
Gilbert D. Chavenelle
City Manager
Councilman Schultz moved ap-
proval of the City Manager's rec-
ommendation. Seconded by Coun-
I am enclosing a copy of a letter
from Mr. Goerdt, dated October
11th, which outlines the conditions
of burning.
Respectfully,
Gilbert D. Chavenelle
City Manager
Presiding Officer Pro Tem Preg-
ler moved approval of the City
Manager's recommendation. Sec-
onded by Councilman Schultz.
Carried by the following vote:
Yeas-Presiding Officer Pro Tem
Pregler, Councilmen Couchman,
Meyers, Schultz.
Nays-None.
Absent-Mayor McCauley.
October 14, 1968
To the Honorable Mayor
and City Council
Gentlemen:
It is requested that Leo F. From-
melt, City Clerk, be authorized to
sign City papers which are normal-
ly signed by the City Manager
during my absence the week of
October 20th. These papers will
mainly consist of vouchers and
purchase requisitions.
Respectfully,
Gilbert D. Chavenelle
City Manager
Councilman Couchman moved
that proper authorization be grant-
ed. S e conde d by Councilman
Schultz. Carried by the following
vote:
Yeas-Presiding Officer Pro Tem
Pre g I e r, Councilmen Couchman,
Meyers, Schultz.
Nays-None.
Absent-Mayor McCauley.
Notice of Claim of Roy L. Fred-
erick, in an estimated amount of
$112.27, for damage to his car as
the result of striking a loose man-
hole cover in the street at 2711
Elm on October 10, 1968, presented
and read. Presiding Officer Pro
Tem Pregler moved that the no-
tice of claim be referred to the
City Solicitor for investigation and
report. Seconded. by Councilman
Schultz. Carried by the following
vote:
Yeas-Presiding Officer Pro Tem
Pre g I e r, Councilmen Couchman,
Meyers, Schultz.
Nays-None.
Absent-Mayor McCauley.
Gentlemen:
Attached is a proposed ordi-
nance. It increases water rates for
all connections to the water sys-
tem. The new charges are based on
the amount of money needed to
pay for the following:
1. Maintenance and operating I
costs of the water system.
2. Principal and interest for out-
standing water revenue bonds.
Special Session, October 14, 1968
589
588
Special Session, October 12, 1968
cilman Meyers. Carried by the fol- I
lowing vote:
Yeas-Presiding Officer Pro Tem
Pregler, Councilmen Couchman,
Meyers, Schultz.
Nays-None.
Absent-Mayor McCauley.
October 9, 1968
To the Honorable Mayor
and City Council
Gentlemen:
I am returning the petition for
the removal of the center parkway
on Ken Court. Also, I am enclos-
ing a letter from John White that
the petition be granted.
The Street Department will re-
move the parkway.
Respectfully,
Gilbert D. Chavenelle
City Manager
Councilman Meyers moved ap-
proval of the City Manager's rec-
ommendation. Seconded by Presid.
ing Officer Pro Tem Pregler.
Carried by the following vote:
Yeas-Presiding Officer Pro Tem
Pregler, Councilmen Couchman,
Meyers, Schultz.
Nays-None.
Absent-Mayor McCauley.
October 11, 1968
To the Honorable Mayor
and City Council
Gentlemen:
This is to advise that I have ap-
proved the following bond and de-
sire to have your approval on
same.
PUBLIC OFFICIAL BOND
Lester M. Harney, Hartford Acci-
dent and Indemnity Co.
Respectfully,
Gilbert D. Chavenelle
City Manager
Presiding Officer Pro Tem Preg-
ler moved that filing of the bond
be approved subject to approval of
the City Solicitor. Seconded by
Councilman Couchman. Carried by
the following vote:
Yeas - Presiding Officer Pro
Tem Pregler, Councilmen Couch-
man, Meyers, Schultz.
Nays-None.
Absent-Mayor McCauley.
October 14, 1968
To the Honorable Mayor
and City Council
Gentlemen:
It is planned to permit the burn-
ing of leaves during the period
October 15th to November 30th.
October 9, 1968
To the Honorable Mayor
and City Council
Subject: Increase of Present Water
Rates
3. Five year needed capital im-
provement program. (Description
of capital improvement program
attached).
Water rates are based on the
quantity of water used as regis-
tered by water meter. There are
about 500 commercial and indus-
trial users and are billed on a
monthly' basis. Also, t!1ere are ap-
proximately 15,745 residential and
small business users. These gener-
ally use smaller amounts of water
and are ,billed bi-monthly.
The present and proposed water
rates are as follows:
I
A. Users within the City of Dubuque whose meters are read monthly
Present, Proposed
Rate' Rate
First 300 cubic feet at $1.50 per hundred cubic feet $2.00
Next 700 cubic feet at .36 per hundred cubic feet .45
Next 1,000 cubic feet at .30 per, hundred cubic feet .40
Next 1,000 cubic feet at .25 per hundred cubic feet .33
Next 12,000 cubic feet at .20 per hundred cubic feet .27
Next 35,000 cubic feet at .18 per hundred cubic feet .23
Next 50,000 cubic feet at .16 per hundred cubic feet .20
Balance at .12 per hundred cubic feet .16
The minimum charge is accordÌl1g to the size of the water meter:
Present Proposed'" Present Proposed
Charge Charge Charge Charge
$ 1.50 $ 2.00 2" $ 12.50 $ 16.25
2.50 3.25 3" 25.00 32.50
4.00 5.25 4" 37.50 48.75
6.00 7.75 6" 75.00 97.50
7.50 9_75 8" 125.00 162.50
For users outside the City Limits, an additional charge equal to 50%
of the above rates will be made.
B. Users within the City of Dubuque whose meters are read bl.monthly
Present Proposed
Rate Rate
First 600 cubic feet at $3.00 per hundred cubic feet $4.00
Next 1,400 cubic feet at .36 per hundred cubic feet .45
Next 2,000 cubic feet at .30 per hundred cubic feet .40
Next 2,000 cubic feet at .25' per hundred cubic feet .33
Next 24,000 cubic feet at .20 per hundred cubic feet .27
Next 70,000 cubic feet at .18 per hundred cubic feet _23
Next 100,000 cubic feet at .16 per hundred cubic feet .20
Balance at .12 per hundred cubic feet .16
The minimum charge is according to the size of the water meter:
Present Proposed Present Proposed
Charge Charge Charge Charge
%" $ 3.00 $ 4.00 1'1." $ 12.00 $ 15.50
'!Io" 5,00 6.50 I,,"" 15.00 19.50
1" 8.00 10.50 2" 25.00 32.50
For users outside the City Limits, an additional charge equal to 50%
of the above rates will, be made.
The proposed rates and minimum charges are to be effective
1968.
%"
:y."
1"
1'4"
I,,""
590
Special Session, October 14, 1968
or industrial
The following calculation of a typical commercial
MONTHLY bill illustrates the proposed change:
A. PRESENT RATE
First 300 cubic feet
Next 700 cubic feet at $ .36
Next 1,000 cubic feet at .30
Next 1,000 cubic feet at .25
Next 10,800 cubic feet at .20
Total Monthly 13,800 cuhic feet
Total Annual Billing 12 X $31.12
B. PROPOSED RATE
First 300 cubic feet
Next 700 cubic feet at $ _45
Next 1,000 cubic feet at .40
Next 1,000 cubic feet at .33
Next 10,800 cubic feet at .27
per hundred cubic feet
per hundred cubic feet
per hundred cubic feet
per hundred cubic feet
per hundred cubic feet
per hundred cubic feet
per hundred cubic feet
per hundred cuhic feet
$ 1.50
2.52
3.00
2.50
21.60
$ 31.12
$373.44
$ 2.00
3.15
4.00
3.30
29.16
Total Monthly 13,800 cubic feet $ 41.61
Total Annual Billing 12 X $41.61 $499.32
The following calculation of a typical residential BI-MONTHLY bill
illustrates the proposed change:
A. PRESENT RATE
First 600 cubic feet at
Next 700 cubic feet at $ .36 per hundred cubic feet
Total 1,300 cubic feet
Total Annual Billing 6 X $5.52
B. PROPOSED RATE
First 600 cubic feet at
Next 700 cubic feet at $ .45
Total 1,300 cubic feet
Total Annual Billing 6 x $7.15
The proposed rates are based on
the following series of estimates
and calculations:
1. An estimate of the cost of
construction.
2. An estimate of projection of
operating and maintenance expense
of the water system.
3. An estimate of projection of
water revenue.
4. An estimate of the annual
principal and interest payment reo
quired by the Sinking Fund.
A summary of these "estimates
and calculations" is presented in
the attached table, "Water System
Estimated Net Revenue compared
to Total Annual Requirements".
I recommend that the Council
adopt the proposed water rates to
be effective November 1, 1968.
Respectfully,
Gilbert D. Chavenelle
City Manager
per hundred cubic feet
$ 3.00
2.52
5.52
$33.12
$ 4.00
3.15
7.15
$42.90
Councilman Meyers moved that
the communication be received and
filed. Seconded by Councilman
Couchman. Carried by the follow-
ing vote:
Yeas-Presiding Officer Pro Tem
Pr e g Ie r, Councilmen Couchman,
Meyers, SchuitL
Nays-None.
Absent-Mayor McCauley.
ORDINANCE NO. 64-68
An Ordinance fixing and esta'"
lishing rates to be chargad for
the furnishing of water for res-
Idential, commercial, industrial
and other uses and purposes,
within end without the City of
Dubuque, Iowa, prescribing a
penalty for violation hereof, and
repealing Ordinance No. 54-58,
presented and read.
Councilman Meyers moved that
the reading just had be considered
the first reading of the Ordinance.
Seconded by Councilman Couch-
Special Session, October 14, 1968
591
man. Carried by the following
vote:
Yeas-Presiding Officer Pro Tem
Pre g I e r, Councilmen Couchman,
Meyers, Schultz.
Nays-None.
Absent-Mayor McCauley.
Councilman Meyers moved that
the rule requiring an Onlinance
to be read on ti1ree separate days
be waived. Seconded by Council-
man Couchman. Carried by the
following vote:
Yeas-Presiding Officer Pro Tem
Pre g I e r, Councilmen Couchman,
Meyers, SchuitL
Nays-None.
Absent-Mayor McCauley.
Councilman Meyers moved that
the Ordinance be placed on file
in the office of the City Clerk for
public inspection and that a public
hearing be held on the Onlinance
on October 28, 1968, at 7:30 P.M.
Central Standard Time, in the
Council Chamber at the City Hall.
Seconded by Councilman Couch-
man. Carried by the following
vote:
Yeas-Presiding Officer Pro Tem
Pre g I e r, Councilmen Couchman,
Meyers, Schultz.
Nays-None.
Absent-Mayor McCauley.
Presiding Officer Pro Tem Preg-
ler moved that the rules be sus-
pended in order to let anyone
present address the Council if they
so desire. Seconded by Councilman
Meyers. Carried by the following
vote:
Yeas-Presiding Officer Pro Tem
Pre g I e r, Councilmen Couchman,
Meyers, Schultz.
Nays-None.
Absent-Mayor McCauley.
Mr. Emil Ploessl of 3023 West-
more Drive and George Helling
raised objection to the proposed
increase in water and sewer rates.
October 7, 1968
To the Honorable Mayor
and City Council
Subject: Increase of Present San-
itary Sewer Rental Rates
Gentlemen:
Attached is a proposed ordi-
nance. It increases sewer rental
rates for all connections to the
sanitary Sewer system. The new
charges are based on the amount
of money needed to pay for the
expansion of the sewage treatment
plant, rebuilding pumping stations,
and the maintenance and operation
of these facilities.
Sewer rental rates are based on
the quantity of water used as reg-
istered by water meters. There are
about 500 comercial and industrial
customers. These use large quan-
tities of water and are billed for
both sewer and water services on
a monthly basis. Also, there are
approximately 15,745 residential
and small business customers.
These generally use sma II e r
amounts of water and are billed
bl-monthly for sewer and water
service.
The present and proposed sewer
rental rates for the two groups
are:
A. Users within the City of Dubuque whose meters are read monthly:
Present Proposed
Rate Rate
$.18 per hundred cubic feet $.32
.15 per hundred cubic feet .26
.125 per hundred cubic feet .22
.10 per hundred cubic feet .18
.09 per hundred cubic feet .16
.08 per hundred cubic feet .14
.0525 per hundred cubic feet .09
First 1,000 cubic feet at
Next 1,000 cubic feet at
Next 1,000 cubic feet at
Next 12,000 cubic feet at
Next 35,000 cubic feet at
Next 50,000 cubic feet at
Balance at
The minimum charge is according to the size of the water meter:
Present Proposed Present Proposed
Charge Cbarge Charge Charge
$ .54 $ .95 2" $2.00 $ 3.50
.114 1.47 3" 3.00 5.25
1.13 1.98 4" 4.00 7.00
1.34 2.35 6" 6.00 10.50
1.67 2.92
%"
'\Ii"
1"
1%"
11h"
592
Special Session, October 14, 1968
The proposed rates are based I ORDINANCE NO. 65-68
on the following. series of esti- An Ordinance repealing Ordin.
mates and calculatIons: once 5658 and Subsection b
1. An estimate of the cost of con- and C.7 of Section IV of Ord.
struction. inanee 45-57 and Enacting a new
2. An estimate and projection of substitute therefor revising the
operating and maintenance ex- Schedule of Rates and Minimum
pense of the sewer plant system. Sewer Rental Cherges,
3. An estimate and projection of presented and read.
the sewer system revenue. Councilman Couchman moved
4. An estimate of the. amount .of that the reading just had be con-
revenue bonds reqUIred, ~o fm- sidered the first reading of the
ante the constructlOn proJect.. Ordinance. Seconded by Council-
5. An esbmate of the annual prm- man Meyers. Carried by the fol-
clpal and mterest payments. lowing vote:
6. A calculatIon to determme that . . .
the ratio, Net Earnings/Annual Yeas - PreSIdIng. OffICer Pro
Debt Service be not less than Tem Pregler, CouncIlmen Couch-
1.5. . m~~y~r-:'~~~.SChUltz.
A summary of these "esbmates Absent-Mayor McCauley
and calculations" is presented in .
the attached table, "Sewer System, Councilman C~uchman m~ved
Estimated Net Revenue Compared that the rule requlrlng an Ordman-
to Annual Principal and Interest ce to be read on three separate
Payments". days be waived. Seconded by Coun-
In addition to the rates listed in cilman Meyers. Carried by the
this memorandum, special con- followmg vote: . . .
tracts have been signed or are be- Yeas - Presldmg. OffIcer Pro
ing negotiated with industries Tem Pregler, Councllmen Couch-
~hich pr?duce sewage exceptional m~~y~r:'~~e.SChU1tz.
~~pi~~ntlty and content. For ex- Absent-Mayor McCauley.
A contract has been signed with Councilman Couchman moved
the Dubuque Packing Company t!,at. the Ordmance be placed on
in which it is agreed that the f¡Je m the offICe of the Cl!y Clerk
Company will make a grant of for pubhc mspectlOn and that a
$150,000 and pay an annual sew- public hearing be held on the Ord-
age rental charge of $60,000. The mance on October 28, 1~68, a~ 7:30
present annual charge is $18000. P.M. Central Standard Time, m the
A contract has been prese~ted Council Chamber at the City Hall.
to the Celotex Corporation pro- Seconded by Councilman Meyers.
viding for a grant of $30000 Carried by the following vote:
and an annual sewage re~tal Yeas - Presiding Officer Pro
charge of $15,000. Tem Pregler, Councilmen Couch-
It is expected that special rates man, Meyers, Schultz.
will be arranged with two other Nays-None.
piants by November 1st. Absent-Mayor McCauley.
I recommend that the Council Petition of Medical Associates
adopt the proposed sewage rental Realty Co., requesting permission
rates to be effecbve November 1, to excavate in the alley at Twelfth
1968. Street between Central and Iowa
.RespectfullY, to shut off water main, prior to
GIlbert D. Chavenelle, demolition of buildings, presented
Cl!y Manager and read. Councilman Meyers mov-
Councilman Meyers moved that ed that the petition be granted sub-
the communication be received ject to approval of the City Engi-
and filed. Seconded by Councilman neer. Seconded by Presiding Of-
Couchman. Carried by the follow- ficer Pro Tem Pregler. Carried by
ing vote: the following vote:
Ye.. - Presiding Officer Pro Yeas - Presiding Officer Pro
Tem Pregler, Councilmen Couch- Tem Pregler, Councilmen Couch-
man, Meyers, Schultz. man, Meyers, Schultz.
Nays-None. Nays - None.
Absent-Mayor, McCauley. Absent - Mayor McCauley.
Special Session, October 14, 1968
593
'B. Users within the City of Dubuq~e whose meters are read bi.monthly:
First 2,000 cubic feet at $.18 per hundred cu. ft. $.32
Next 2,000 cubic feet at .15 per hundred cu. ft. .26
Next 2,000 cubic feet at .125 per hundred cu. ft. .22
Next 24,000 cubic feet at .10 per hundred cu. ft. .18
Next 70,000 cubic feet at .1¡)9 per hnndred cu. ft. .16
Next 100,000 cubic feet at .08 per hundred cu. ft. .14
Balance at .~525 pe~ hundred cu. ft. .09
The minimum charge is according!to the size of the water meter:
Present Proposed Present Proposed
Charge Charge Charge Charge
$1.08 $1.90 1'14" $2.67 $4.70
1.67 2.94 Ph" 3.33 5.84
2.2:; 3.96 2" 4.00 7.00
%"
%"
I"
The proposed rates and minimum charges are to 'be effective November
1, 1968.
The following calculation of a typical commercial or industrial monthly
bill illustrates the prnPosed change:
A. Present Rate
First 1,000 cubic feet at $.18 ¡ier hundred cu. ft. = $ 1.80
Next 1,000 cubic feet at .15 ~er hundred cu. ft. = 1.50
Nevt 1,000 cubic feet at 1.25 per hundred cu. ft. = 1.25
Next 10,800 cubic feet at 10 ¡>ßr hundred cu. ft. = 10.80
$ 15.35 ,per mo.
x 12
$184.20
annual billing
B. Proposed Rate
First 1,000 cubic feet at $.32 per hundred cu. ft. = $ 3.20
Next 1,000 cubic feet at .26 per hundred cu. ft. = 2.60
Next 1,000 cubic feet at .22 per hundred cu. ft. = 2.20
Next 10,800 cu,bic feet at .18 per hundred cu. ft. = 19.44
$ 27.46 per mo.
x 12
$329.52 annual
billing
The following calculation of a typical residential bi.monthly bill iUus-
trates the proposed change:
A. Present Rate
1,300 cubic feet at $.18 per hundred cubic feet = $ 2.34 bi-monthly
x 6
$14.04 annual
billing
B. Proposed Rate
1,300 cubic feet at $.32 per hundred cuhic feet = $ 4.16 bi-monthly
x 6
$24.96 annual
, billing
State Law, presented and read.
Councilman Couchman stated that
being already the law of the
United States and the State of
Iowa he moved that the matter be
referred to the City Manager and
staff for proper study and report
back to the Council hopefully with
a recommendation. Seeonded by
Councilman Schultz. Carried by
the following vote:
Yeas-Presiding Officer Pro
Tem Pregler, Councilmen Couch-
man, Meyers, Schultz.
Nays - None.
Absent - Mayor McCauley.
Petition of James H. Reynolds
as head of the Washington Oppor-
tnnity Area requesting a meeting
of the City Council, Planning &
Zoning Commission and Dubuque
Advisory Commission for a meet-
ing to be held on October 23, 1968
at St. Mary's Hall, presented and
read. Presiding Officer Pro Tem
Pregler moved that the petition
be referred to the City Manager
for a meeting possibly November
6, 1968. Seconded by Councilman
Couchman. Carried by the follow-
ing vote:
Yeas - Presiding Officer Pro
Tem Pregler, Councilmen Couch-
man, Meyers, Schultz.
Nays-None.
Absent - Mayor McCauley.
October 7, 1968
To the Honorable Mayor
and City Council
Gentlemen:
This is to advise you that the
City of Dubuque 1968 Concrete
Paving with Integral Curb Project
No.1 has been completed in ac-
cordance with the City of Dubuque
plans and specifications.
I, therefore, recommend the ac-
ceptance of the above named proj-
ect.
Final Estimate
RESOLUTION NO. 45~
WHEREAS, the contract for the
City of Dubuque 1968 Concrete
Paving with Integral Curb Project
No.1 Maple Street from the N.P.L.
of East 16th Street to S.P.L. of
East 18th Street has been com-
pleted and the City Engineer has
submitted his final estimate show-
ing the cost thereof including the
cost of estimates, notices, inspec-
tion, and preparing the assessment
and plat, now therefore,
BE IT RESOLVED, by the City
Council of the City of Dubuque,
That the cost of said improve-
ment is hereby determined to be
$27,530.60.
That $19,567.43 of the cost there-
of shall be assessable upon private
property and $7,963.17 shall be
paid from the Road Use Tax Fund
of the City of Dubuque.
Passed, adopted and approved
this 14th day of October, 1968.
Walter A. Pregler
Presiding Officer Pro Tem
Merlin F. Schultz
Donald R. Meyers
Gaylord M. Couchman
Attest:
Leo F. Frommelt
City Clerk
Councilman Couchman moved
adoption of the resolution. Second-
ed by Presiding Officer Pro Tem
Pregler. Carried by the following
vote:
Yeas-Presiding Officer Pro Tem
Pregler, Councilmen Couchman,
Meyers, Schultz.
Nays-None.
Absent-Mayor McCauley.
(A Resolution Accepting Improv.
ment and Directing the Clerk to
Publish Notice.)
RESOLUTION NO. 455_8
WHEREAS, the contract for the
City of Dubuque 1968 Concrete
Paving With Integral Curb Project
No.1 Maple Street from the N.P.L.
of East 16th Street to S.P.L. of East
18th Street has been completed and
the City Manager has examined the
work and filed his certificate stat-
ing that the same has been com-
pleted according to the terms of
the contract, plans and specifica-
tions and recommends its accept-
ance, now therefore,
Be It Resolved, by the City Coun-
cil of the City of Dubuque, that the
594
Special Session, October 14, 1968
Special Session, October 14, 1968
595
Petition of Joe Cass, Wahlert
Parade Committee Chairman, re- I
questing permission to hold a
homecoming parade either on Fri- '
day November 1, or Saturday No-
vember 2, 1968, presented and
read. Presiding Officer Pro Tem
Pregler moved that the petition
be granted and referred to the
Mayor and City Manager. Seconded
by Councilman Schultz. Carried
by the following vote:
Yeas - Presiding Officer Pro
Tem Pregler, Councilmen Couch-
man, Meyers, Schultz.
Nays - None.
Absent - Mayor McCauley.
Petition of A. W. Hauth et al
(57 signatures) objecting to con-
struction of a housing unit for low-
income families at the proposed
location on Carter Road near Kauf-
mann Avenue because it would re-
duce the value of their properties,
presented and read.
Mr. A. W. Hauth of 3040 West-
more Drive objected to the pro-
posed location of construction of
the housing unit because it is
being considered to be built right
at the entrance to a street. He
would not however have any ob-
jection if it were in another loca-
tion. Kane Court and Hickory Hill
have but one entrance. Mr. Emil
Ploessl stated that he has nothing
against the project other than the
location. He referred the Council
to section 4O3A.24 and 4O3A.25
of the 1966 Code of Iowa, without
further explanation Mr.. L. M. Mer-
feld of 3063 Stetmore criticized
the local Zoning Ordinance by stat-
ing that it is outmoded and not
up to date.
Presiding Officer Pro Tem Preg-
ler moved that the petition of A.
W. Hauth et al be referred to the
Council and that an attempt be
made to set up a meeting with
Rev. Rhomberg and the petition-
ers. Seconded by Councilman Mey-
ers. Carried by the following vote:
Yeas - Presiding Officer Pro
Tem Pregler, Councilmen Couch-
man, Meyers, Schultz.
Nays-None.
Absent - Mayor McCauley.
Petition of Dubuque Advisory
Commission requesting the City
Council to consider adoption of
an open Housino law for the City
of Dubuque, following the Iowa
Respectfully submitted,
Gilbert D. Chavenelle
City Manager
Presiding Officer Pro Tem moved
that the recommendation of the
City Manager be approved. Second-
ed by Councilman Schultz. Carried
by the following vote:
Yeas-PresidiM Officer Pro Tem
Pregler, Councilmen Couchman,
Meyers, Srhultz.
Nays-None.
Absent-Mayor McCauley.
recommendation of the City Man-
ager be approved and that said im-
provement be and the same is
hereby accepted and the City En-
gineer be and is hereby directed
to prepare a plat and schedule
showing the lots or parcels of real
estate subject to assessment for
said improvement and file the
same in the office of the City Clerk
subject to public inspection and
said Clerk shall upon receipt of
such plat and schedule publish the
notice of the Council's intention to
levy special assessments therefor,
as required by law.
BE IT FURTHER RESOLVED,
that the City Treasurer be and he
is hereby directed to pay to the
contractor from the funds to be
realized from the sale of street im-
provement bonds issued upon the
above described improvement in
amount equal to the amount of his
contract, less any retained percent-
age provided for therein.
Passed, adopted and approved
this 14th day of October, 1968.
Walter A. Pregler
Presiding Officer Pro Tem
Merlin F. Schultz
Donald R. Meyers
Gaylord M. Couchman
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Couchman moved
adoption of the resolution. Second-
ed by Councilman schultz. Carried
by the following vote:
Yeas-Presiding Officer Pro Tem
Pregler, Councilmen Couchman,
Meyers, Schultz.
Nays-None.
Absent-Mayor McCauley.
RESOLUTION NO. 45~8
Declaring intent to sell a portion
of the cleared land in the down.
town urban renewal project Iowa
R-15 to Canfield Hotel, Inc.
WHEREAS, under date of July
26, 1967, the City of Dubuque (here-
in referred to as the Local Public
Agency) and the Department of
Housing and Urban Development
(herein called the Government) en-
tered into a Loan and Capital Grant
Contract for the undertaking of the
Downtown Urban Renewal, Iowa
R-15; and
WHEREAS, pursuant to such
Contract the Local Public Agency
is carrying out certain activities
596 Special Session, October 14, 1968
necessary to implement the Urban SECTION 2. That the Local Pub-
Renewal Plan for the Project Area; lie Agency also hereby declares its
and intent to dispose of a certain city-
WHEREAS, Canfield Hotel, Inc. owned public parking facility 10-
(herein referred to as the De. cated on the southwest corner of
veloper) has declared its interest Fourth and .Iowa Streets to the De-
and intent to acquire a portion of vel~per at Its Fa.n: Market Value
the cleared land in the Project subject to the facIlity bemg owned
Area for the purpose of construct- and occupied by t~e Dev~l~per as
ing there on an off-street parking an off-stree.t parking facilit~ and
facility. and developed m accordance WIth a
, plan approved by the Local Public
WHEREAS, the Local Public Agency.
Agency has ~cqnired in the Project SECTION 3. That the Local Pub-
Area. a certain parcel of real estate lie Agency hereby further declares
prevlOusly ?wned and. used by the its intent that in lieu of Section 2
Developer I~ connectio'.' wIth. 1IS and if it is in the best interest
hotel ~perations located Immediate of the Urban Renewal Project, to
Iy adjacent t? the Urban Renewal dispose of to the Developer ad-
Project Area, and ditional land in the urban Re-
WHEREAS, the Local Public newal Project Area located ad-
Agency desires to make available jacent to the reuse site set forth
to the Developer certain land for in Section 1, subject to the same
off-street parking purposes; now conditions as set forth in said Sec-
therefore tion 1.
BE IT RESOLVED BY THE Passed, approved and adopted
COUNCIL OF THE CITY OF DU- this 14th day of October, 1968.
BUQUE, IOWA: Walter A. Pregler
SECTION 1. That the Local Pub- Presiding Officer Pro Tem
lie Agency hereby declares its in- Merlin F. Schultz
tent to dispose of certain land in Donald R. Meyers
the Project Area on the northeast- Gaylord M. Couchman
erly corner of Fourth and Iowa Councilmen
Streets of approximately 50 feet Attest:
in depth on Fourth Street and ap- Leo F. Frommelt
proximately 78.2 feet in frontage City Clerk
on .Iowa Street to ~he Dev~l.oper Councilman Meyers moved adop-
subject to the followmg conditions: tion of the resolution. Seeonded
A. That the 'p~pos~d off-street by Councilman Couchman. Carried
parking faclhty WIll be owned by the following vote:
and occupied by the Developer. Yeas-Presiding Officer Pro Tem
B. That the Developer will adhere Pregler, Councilmen Couchman,
to and comply with the terms Meyers, Schultz.
of the approved Urban Renewal Nays-None.
Plan for the Downtown Urban Absent-Mayor McCauley.
Renewal Project, Iowa R-15. RESOLUTION NO. 457-
C. Tha~ all develop~e~t plans are Preliminary estimate and ap-
subject to exammation and ap- proval of plans, specifications, form
proval by the Local Public of contract and all other docu-
~gency ~o a.ssure that urhan d~- ments to construct Traffic Signal
Sl~ objectives and other ,.cn- Installation at 32nd Street and
tena developed for t.he P':"Ject Central Avenue Intersection, at an
Area are fully compiled WIth. estimated cost of $4169 presented
D. That the price to be paid for and read. "
the clean:d land by ~he De- Presiding Officer Pro Tem Preg-
veloper WIll be determined by ler moved that the resolution be
two. independent re~ estate ap- adopted. Seeonded by Councilman
pralsals concurred-m by the Schultz. Carried by the following
Local Public Agency and the vote:
Government. Yeas-Presiding Officer Pro Tem
E. That the Developer possesses Pregler, Councilmen Couchman,
the necessary financial capacity Meyers, SchultL
and technical ability to carry Nays-None.
out its development plans. Absent-Mayor McCauley.
(Necessity for IlI19rovement)
RESOLUTION NO. 458-68
WHEREAS, proposed plans, spec-
ifications, form of contract have
been duly prepared and approved
by the City Council of the City
of Dubuque and are now on file in
the office of the City Clerk show-
ing among other things the follow.
ing:
1. An estimate of the cost of the
proposed improvement.
for the TRAFFIC SIGNAL INSTAL-
LATION 32ND STREET AND CEN-
TRAL A VENUE INTERSECTION.
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
resolution have on file with the
City Clerk objections to the
amount of the cost of improve-
ment, they shall be seemed to
have waived all objections 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 most and
expense of making said improve-
ment will be paid from the utilities
fund.
The above resolution was intro-
duced, approved, and ordered plac-
ed on file with the City Clerk
this 14ht day of October, 1968.
Approved and placed on file
for final action.
Approved:
Walter A. Pregler
Presiding Officer Pro Tem
Merlin F. Schultz
Donald R. Meyers
Gaylord M. Couchman
Councilmen
Special Session, October 14, 1968
5fI1
Attest:
Leo F. Frommelt,
City Clerk
Councilman Meyers moved ap-
proval of the resolution. Seconded
by Presiding Officer Pro Tem
Pregler, Councilmen Couchman,
Meyers, Schultz.
Nays - None.
Absent - Mayor McCauley.
(Fixing Dat. of Hearing)
RESOLUTION NO. 459-
WHEREAS, the City Council of
the City of Dubuque, Iowa has
given its preliminary approval on
the proposed plans, specifications,
and form of contract and placed
same on file in the office of the
City Clerk for public inspection for
the Traffic Signal Installation 32nd
Street and Central Avenue inter-
section-
BE IT THEREFORE RESOLVED
that on the 4th day of November,
1968 a public hearing will be held
at 7:30 p.m. in the Council Cham-
bmer of the City of Dubuque at
which time the objectors for the
proposed improvement may appear
and make objection to the proposed
plans and specifications and pro-
posed form of contract, to the cost
of the improvement and the Ctiy
Clerk be and he is hereby directed
to cause a notice of the time and
place of such hearing to be pub-
lished in some newspaper pub-
lished in the City of Dubuque
which shall be not less than ten
(10) days prior to the day fixed for
its consideration, and said Clerk is
further instructed to advertise for
proposals for the construction of
the aforementioned improvement.
Passed, adopted and approved
this 14th day of October, 1968.
Walter A. Pregler
Presiding Officer Pro Tem
Merlin F. Schultz
Donald R. Meyers
Gaylord M. Couchman
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Meyers moved adop-
tion of the resolution. Seconded by
Presiding Officer Pro Tem Pregler.
Carried by the following vote:
YeaS-Presiding Officer Pro Tem
Pregler, Councilmen Couchman,
Meyers, Schultz.
Nays-None.
Absent-Mayor McCauley.
(Ordering Construction)
RESOLUTION NO. 460-68
BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF
DUBUQUE that pursuant to a Res-
olution of Necessity No. 458-60
which was duly passed by this
Council' for the Traffic Signal In-
598
Special Session, October 14, 1968
stallation 32nd street and Central
Avenue Intersection be and the
same are hereby ordered and con-
structed by this Council upon its
own motion and with or without
the petition of property owners.
All the work shall be constructed
in accordance with the plans and
specifications heretofore adopted
and now on file in the office of
the City Clerk.
BE IT FURTHER RESOLVED
that the cost and expense of the
said improvement be paid from the
Utilities Fund-
BE IT FURTHER RESOLVED
that the City Clerk be and he is
hereby ordered and directed to
advertise for proposals for the
construction of the various im-
provements herein provided for in
the manner provided by law.
BE IT FURTHER RESOLVED
that this resolution beiM deemed
urgent and of IMMEDIATE NEC-
ESSITY shall be in force and effect
from and after its passage and
adoption by the City Council.
Passed, adopted and approved
this 14th day of October, 1968.
Walter A. Pregler
Presiding Officer Pro Tem
Merlin F. Schultz
Donald R. Meyers
Gaylord M. Couchman
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Mevers moved adop-
tion of the resolution. Seconded
by Presiding Officer Pro Tem
Pregler. Carried by the following
vote:
Yeas-PresidiM Officer Pro Tern
Pre g I e r, Councilmen Couchman,
Mevers, Schultz.
Nays-None.
Absent-Mayor McCauley.
RESOLUTION NO. 461-68
Approval of Preliminary Esti-
mate, proposed plans, speeifka-
tions, form of contract, including
items of material and work re-
quired to construct Trsffic Signals
Installation at University Avenue
and Pennsvlvania Avenue Inter-ec-
tion. at an estimated cost of $2,-
700.59, presented and read. Pre-
sidiM Offieer Pro Tem Pregler
moved adoption of the resolution.
Seconded by Councilman Couch-
man. Carried by the following vote:
Yeas-Presiding Officer Pro Tem
Pregler, Councilmen Couchman,
Meyers, Schultz.
Nays-None.
Absent-Mayor McCauley.
(Necessity for Improvement)
RESOLUTION NO. 462-68
WHEREAS, proposed plans, spe-
cifications, form of contract have
been duly prepared and approved
by the City Council of the City
of Dubuque and are now on file
in the .office of the City Clerk
showing among other things the
following:
1. An estimate of the cost of
the proposed improvement for the
Traffic Sigoals Installation at Uni-
versity A venue and Pennsylvania
Avenue Intersection.
BE IT THEREFORE RESOLVED
that the City Council on its own
motion or upon petition of prop-
erty owners, deems it advisable
and necessary for the public wel-
fare to make the hereinmentioned
improvement, and unless property
owners at the time of the final
consideration of this proposed res-
olution have on file with the City
Clerk objections to the amount of
the cost of improvement, they
shall be deemed to have waived
all objections thereto.
Said improvement shall be con-
structed and done in accordance
with the plans and specifications
which have been prepared there-
fore by the City Engineer which
have been approved by the City
Council and are now on file with
the City Clerk. That the cost and
expense of making said improve-
ment will be paid from the Util-
ities fund.
The above resolution was in-
troduced, approved, and ordered
placed on file with the City Clerk
this 14th day of October, 1968.
Approved and placed on file for
final action.
APPROVED:
Walter A. Pregler
Presiding Officer Pro Tem
Merlin F. Schultz
Donald R. Meyers
Gaylord M. Couchman
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Special Session, October 14, 1968
Presiding Officer Pro Tem Preg-
ler moved approval of the resolu-
tion. Seconded by Councilman Mey-
ers. Carried by the following vote:
Yeas-Presiding Officer Pro Tem
Pre g I e r, Councilmen Couchman,
Meyers, Schultz.
Nays-None.
Absent-Mayor McCauley.
(FIXING DATE OF HEARING)
RESOLUTION NO. 463-68
WHEREAS, the City Council of
the City of Dubuque, Iowa has
given its preliminary approval on
the proposed plans, specifications,
and form of contract and planed
same on file in the office of the
City Clerk for public inspection
for the Traffic Signals Installation
at University Avenue and Pennsyl-
vania Avenue Intersection.
BE IT THEREFORE RESOLVED
that on the 4th day of November,
1968 a public hearing will be held
at 7:30 P.M. in the Council Cham.
ber of the City of Dubuque at
which time the objectors for the
proposed improvement may appear
and make objection to the pro-
posed plans and specifications and
proposed form of contract, to the
cost of the improvement and the
City Clerk be and he is hereby
directed to cause a notice of the
time and place of such hearing to
be published in some newspaper
published in the City of Dubuque
which shall be not less than ten
(10) days prior to the day fixed
for its consideration, and said
Clerk is further instructed to ad-
vertise for proposals for the con-
struction of the aforementioned
improvement.
Passed, adopted and approved
this 14th day of October, 1968.
Walter A. Pregler
Presiding Officer Pro Tem
Merlin F. Schultz
Donald R. Meyers
Gaylord M. Couchman
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Presiding Officer Pro Tem Preg-
ler moved adoption of the resolu-
tion. Seconded by Coun"ilman
Schultz. Carried by the following
vote:
599
Yeas-Presiding Officer Pro Tem
Pre g I e r, Councilmen Couchman,
Meyers, Schultz.
Nays-None.
Absent-Mayor McCauley.
(Ordering Construction)
RESOLUTION NO. 464-68
BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF
DUBUQUE that pursuant to a Res-
olution of Necessity No. 462.68
which was duly passed by this
Council for the Traffic Signals in-
stallation at University Avenue and
Pennsylvania Avenue Intersection
be and the same are hereby or-
dered and constructed by this
Council upon its own motion and
with or without the petition of
property owners. All the work
shall be constructed in accordance
with the plans and specifications
heretofore adopted and now on
file in the office of the City Clerk.
BE IT FURTHER RESOLVED
that the cost and expense of the
said improvement be paid from
the Utilities Fund.
BE IT FURTHER RESOLVED
that the City Clerk be and he is
hereby ordered and directed to
advertise for proposals for the
construction of the various im-
provements herein provided for in
the manner provided by law.
BE IT FURTHER RESOLVED
that this resolution being deemed
urgent and of IMMEDIATE NEC-
ESSITY shall be in force and effect
from and after its passage and
adoption by the City Council.
Passed, adopted and approved
this 14th day of October, 1968.
Walter A. Pregler
Presiding Officer Pro Tem
Merlin F. Schultz
Donald R. Meyers
Gaylord M. Couehman
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Meyers moved adop-
tion of the resolution. Seconded
by Councilman Schultz. Carried by
the following vote:
Yeas-Presiding Officer Pro Tem
Pre g I e r, Councilmen Couchman,
Meyers, Schultz.
Nays-None.
Absent-Mayor McCauley.
600
Special Session, October 14, 1968
RESOLUTION NO. 465-68
WHEREAS, applications for Boer
Permits have been submitted to
this Council for approval and the
same have been examined: NOW
THEREFORE,
BE IT RESOLVED by the City
Council of the City of Dubuque,
Iowa, that the following applica-
tions be granted and licenses be
issued upon the compliance with
the terms of the ordinances of the
City.
CLASS "C" BEER PERMIT
National Tea Company, 2013 Cen-
tral Avenue
Passed, adopted and approved
this 14th day of October, 1968.
Walter A. Pregler
Presiding Officer Pro Tem
Merlin F. Schultz
Donald R. Meyers
Gaylord M. Couchman
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Presiding Officer Pro Tem Preg-
ler moved adoption of the reso-
lution. Seconded by Councilman
Schultz. Carried by the following
vote:
Yeas-Presiding Officer Pro Tem
Pre g I e r, Councilmen Couchman,
Meyers, Schultz.
Nays-None.
Absent-Mayor McCauley.
RESOLUTION NO. 466-68
WHEREAS, applications for Beer
Permits were filed by the within
named applicants and they have
received the approval of this Coun-
cil; and
WHEREAS, the premises to be
occupied by such applicants were
inspected and found to comply
with the ordinances of this City
and they have filed proper bonds:
NOW THEREFORE BE IT RE-
SOLVED by the City Council of
the City of Dubuque, Iowa, that
the Manager be and he is hereby
directed to issue to the following
named applicants a Beer Permit.
CLASS "C" BEER PERMIT
National Tea Company, 2013 Cen-
tral Avenue
BE IT FURTHER RESOLVED
that the bonds filed by such ap-
plicants be and the same are here-
by approved.
Passed, adopted and approved
this 14th day of October, 1968.
Walter A. Pregler
Presiding Officer Pro Tem
Merlin F. Schultz
Donald R. Meyers
Gaylord M. Couchman
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Presiding Officer Pro Tem Preg-
ler moved adoption of the reso-
lution. Seconded by Councilman
Schultz. Carried by the following
vote:
Yeas-Presiding Officer Pro Tem
Pre g I e r, Councilmen Couchman,
Meyers, Schultz.
Nays-None.
Absent-Mayor McCauley.
There being no further business
Councilman Couchman moved to
adjourn. Seconded by Presiding
Officer Pro Tem Pregler. Carried
by the following vote:
Yeas-Presiding Officer Pro Tem
Pre g I e r, Councilmen Couchman,
Meyers, Schultz.
Nays-None.
Absent-Mayor McCauley.
Leo F. Frommelt
City Clerk
Approved ....................................1968.
Adopted ......................................1968.
......-...................................................
""""",""""""""""""""""""""""'"
Councilmen
Attest: """""""","""""""""""""""'"
City Clerk
Special Session, October 28, 1968
601
CITY COUNCIL
OFFICIAL
Special Session, October 28, 1968.
Council met et 7:30 P.M. (Cen.
tral Standard Time).
Present-Mayor McCauley, Coun-
cilmen Couchman, Meyers, Pregler,
Schultz. City Manager Gilbert D.
Chavenelle.
Mayor McCauley read the call
and stated that service thereof had
been duly made and this meeting
is called for the purpose of con-
sidering final adoption of ordi.
nances establishing rates for the
use of water and revising the
schedule of minimum sewer rental
charges and acting upon such other
business as may properly come be-
fore a regular meeting of the City
Council.
Communication of Iowa State
Department of Health issuing per-
mit No. 68-307-S for the construc-
tion of 2907' of 8" sanitary sewer
at the Table Mound school, pre-
sented and read. Councilman Mey-
ers moved that the communication
be received and filed. Seconded by
Councilman Couchman. Carried by
the following vote:
Yeas-Mayor McCauley, Council-
men Couchman, Meyers, Pregler,
Schultz.
Nays-None.
Communication of Board of Dock
Commissioners submitting a resolu-
tion permanently honoring Father
Aloysius H. Schmitt, who gave his
life at Pearl Harbor, on December
7, 1941, and requesting that the
resolution be spread upon the per-
manent records of the City, pre-
sented and read. Councilman Preg-
ler moved concurrence of the
resolution and the request of the
Dock Board be granted. Seconded
by Mayor McCauley. Carried by
the following vote:
Yeas-Mayor McCauley, Council-
men Couchman, Meyers, Pregler,
Schultz.
Nays-None.
DOCK BOARD
RESOLUTION NO. 10-25.68
WHEREAS, during one of the
darkest hours in the history of
these United States on De"ember
7, 1941 while serving abroad the
U.S.s. Oklahoma at Pearl Harbor,
Father Aloysuis H. Schmitt lost
his life at Pearl Harbor, and
WHEREAS, Father Aloysius H.
Schmitt, paid the supreme sacrifice
while in the course of saving the
lives of some of his shipmates
during the terror sj;ricken hours
of the attack on Pearl Harbor by
the Japanese, and
WHEREAS, by his heroic con-
duct, Father Aloysius H. Schmitt
reflected honor and glory upon
the U.S. Naval Service and reflect-
ed honor and credit upon the City
of Dubuque, Iowa, and
WHEREAS, it is fitting and prop-
er that the heroism of Father
Aloysius H. Schmitt be permanent-
ly engraved upon the minds and
history of this community.
NOW THEREFORE BE IT RE-
SOLVED BY THE BOARD OF
DOCK COMMISSIONERS OF THE
CITY OF DUBUQUE, IOWA:
Section I. That the new boat
harbor located in Area C in the
City of Dubuque, Iowa be and the
same is hereby designated and
same shall hereafter be called
"Father Aloysius H. Schmitt Har-
bor".
Section 2. That this resolution
shall be spread upon the pernlO-
nent records of the Board of Dock
Commissioners of the City of Du-
buque, Iowa and that same shall
be likewise be spread upon the
permanent records of the City of
Dubuque, Dubuque, Iowa.
Section 3. That a certified copy
hereof be and the same shall be
transmitted to the nearest living
relative of the hero, Father Aloys-
ius H. Schmitt.
Passed, approved and adopted
this 25th day of October, 1968.
Joe R. Voelker
Chairman
Vincent J. Kaiser
Don Mueller
Commissioners
Attest:
Don Mueller
Secretary
Communication of J. M. McDon-
ald suggesting the placement of
the City Hall bell adjacent to the
Ham House and that permission
be given to the Iowa Historical
Society to display the bell on a
suitable concrete slab, presented
and rea d. Councilman Pregler
ill
I!
October 15, 1968
To the Honorable Mayor and
City Council,
Gentlemen:
On this date a letter was re-
ceived requesting permission to
have a march from Westminister
Presbyterian Church to the Nativ-
ity Church.
This march is to take place
October 27th, at 1:00 P.M. as a
joint ceremony between Protes-
tants and Catholics in recognition
of Catholic Youth Week, October
27th through November 2, 1968.
Due to the timing of the request
and after clearing with Chief
Lucas, permit #121 was issued.
There is no conflict with other
permits which have been issued.
Respectfully submitted,
Gilbert D. Chavenelle
City Manager
Mayor McCauley moved to con-
cur in the City Manager's action.
Seconded by Councilman Couch-
man. Carried by the following vote:
Yeas-Mayor McCauley, Council-
men Couchman, Meyers, Pregler,
Schultz.
Nays-None.
buque, Iowa filed a claim for
damages against the City of Du-
buque, Iowa alleging that he suf-
fered damages as the result of a
sewer back up.
This claim was referred to the
City Attorney, who in turn re-
ferred it to the appropriate city
agency for actio!!.
This agency has reported back
to the writer by letter, dated Oc-
tober 8, 1968, stating that the
back up was due to the putting
of rags and other objects in the
line and that the City of Dubuque
was not negligent in any respect
and therefore said agency deuied
the claim.
In view of the foregoing, it is
the recommendation of the City
Attorney that the claim of Mr.
Edwin E. Frith filed on the 18th
day of September, 1968 be denied.
Original claim is returned here-
with.
602
Special Session, October 28, 1968
Special Session, October 28, 1968
603
moved that the communication be
received and filed. Seconded by
Councilman Meyers. Carried by the
following vote:
Yeas-Mayor McCauley, Council-
men Couchman, Meyers, Pregier,
Schultz.
Nays-None.
Communication of Dub u que
County Historical Society advising
that one of their members agreed
to finance a temporary mounting
of the City Hall bell on the Ham
House property but after due con-
sideration said benefactor agreed
that it more appropriately belongs
on the site of its former home,
presented and read. Councilman
Meyers moved 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.
October 23, 1968
To the Honorable Mayor
and City Council
Gentlemen:
I herewith submit the monthly
reports of the City Water Depart-
ment, City Auditor, City Treasurer,
as well as a list of claims for which
warrants we redrawn for the
month of September, 1968.
Respectfully,
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 Publlsher, of statement of
Receipts and a list of claims for
which warrants were issued during
the month of September 1968, pre-
sented and read. Councilman Preg-
ler moved that the proof of pub-
lication be received and filed.
Seconded by Councilman Couch-
man. carried by the following vote:
Yeas-Mayor McCauley, Council-
men Couchman, Meyers, Pregler,
Schultz.
Nays-None.
Yours very truly,
R. N. Russo
City Attorney
Councilman Pregler moved that
the recommendation of the City
Attorney be approved. Seconded
by Councilman Couchman. Carried
by the following vote:
Yeas-Mayor McCauley, Council-
men Couchman, Meyers, Pregler,
Schultz.
Nays-None.
October 17, 1968
To the Honorable Mayor and
City Council,
Gentlemen:
It was brought to our attention
today, a letter dated September 24,
1968 requesting a permit for the
Senior High School Homecoming
Parade was misplaced. The date
and time for the parade is October
18, 1968, starting at 3:00 P.M.
Due to this error, permit #123
was issued with the approval of
Chief Lucas. No conflict exists
with other permits issued.
Respectfully submitted,
Gilbert D. Chavenelle
City Manager
Councilman Meyers moved to
concur in City Manager's action.
Seconded by Mayor McCauley. Car-
ried by the following vote:
Yeas-Mayor McCauley, Council-
men Couchman, Meyers, Pregler,
Schultz.
Nays-None.
October 16, 1968
Hon. Mayor and City Council
Re: Mrs. Lyle Wilson
Gentlemen:
On September 20, 1968, Mrs.
Lyle Wilson, 2844 Jackson Street,
Dubuque, Iowa filed a claim for
damages against the City of Du-
buque, Iowa alleging that she suf-
fered damages as the result of a
sewer back up.
This claim was referred to the
City Attorney, who in turn, re-
ferred it to the appropriate city
agency for action.
This agency has reported back
to the writer by letter, dated Oc-
tober 8, 1968, stating that the back
up was due to the putting of rags
and other objects in the line and
that the City of Dubuque was not
negligent in any respect and there-
fore said agency denied the claim.
In view of the foregoing, it is
the recommendation of the City
October 16, 1968
Hon. Mayor and City Council
Re: Edwin E. Frith
Gentlemen:
On September 18, 1968, Mr. Ed-
win E. Frith, 831 Kaufman, Du-
Attorney that the claim of Mrs.
Lyle Wilson filed on the 20th day
of September, 1968 be denied.
Original claim is returned here-
with.
Yours very truly,
R. N. Russo
City Attorney
Councilman Pregler moved that
the recommendation of the City
Attorney be approved. Seconded
by Councilman Couchman. Carried
by the following vote:
Yeas-Mayor McCauley, Council-
men Couchman, Meyers, Pregler,
Schultz.
Nays-None.
Notice of claim of Lyle K. Davis,
in an estimated amount of $193.71,
for personal items destroyed as the
result of a sanitary sewer back-up
at his home on 2145 St. Celia Drive
on October 21, 1968, presented and
read. Councilman Pregler moved
that the notice of claim be referred
to the City Solicitor for investiga-
tion and report. Seconded by
Councilman Meyers. Carried by
the following vote:
Yeas-Mayor McCauley, Council-
men Couchman, Meyers, Pregler,
Schultz.
Nays-None.
Notice of claim of William T.
Vath Sr. of 160 Devon Drive, in an
estimated amount of $321.09 for
damage to his car as the result of
a fallen tree limb while parked at
390 W. 10th Street, presented and
read. Councilman Pregler moved
that the notice of claim be re-
ferred to the City Solicitor for in-
vestigation and report. Seconded
by Councilman Meyers. Carried by
the following vote:
Yeas-Mayor McCauley, Council-
men Couchman, Meyers, Pregler,
Schultz.
Nays-None.
Notice of claim of Leo J. Nader-
mann of 2532 Broadway, in an es-
timated amount of $305.43 for
damage to his car as the result of
a fallen tree limb while parked at
18th & White Street on October 17,
1968 presented and read. Council-
man Pregler moved that the no-
tice of claim be referred to the
City Solicitor for investigation and
report. Seconded by Councilman
port. Seconded by Councilman
Meyers. Carried by the following
vote:
YeaS-Mayor McCauley, Council-
men Couchman, Meyers, Pregler,
Schultz.
Nays-None.
Communication of R. F. Sefzik
requesting that the bookkeeping
and the separate fund of the Water
Department be kept as before,
prior to transfer of all water de-
partment earnings to the General
Fund, stating further that if the
change had not been made the
department would now have suf-
ficient funds available to make
needed improvements, presented
and read. Mayor McCauley moved
that the communication be received
and filed. Seconded by Councilman
Couchman. Carried by the follow-
ing vote:
Yeas-Mayor McCauley, Council-
men Couchman, Meyers, Pregler,
Schultz.
Nays-None.
Mr. Robert Catton of Henning-
son, Durham & Richardson Inc.
was requested by the Council to
explain the present water system
and what is proposed for the fu-
ture. At the present time Dubuque
has the lowest water charge of
nine other cities in the State that
treat their water at about the
same level of dosage as to treat-
ment etc. Operating costs have
gone up about 5% per year where-
as the revenue has only increased
by about 3%. The proposed plan
for more efficiency and expansion
covers a five year period.
Mayor McCauley moved that the
rules be suspended in order to let
anyone present address the Coun-
cil if they so desire, more particu-
larly on the question of water
rates. Seconded by Councilman
Couchman. Carried by the follow-
ing vote:
YeaS-Mayor McCauley, Council-
men Couchman, Meyers, Pregler,
Schultz.
Mr. Greg Francois of 780 W. L0-
cust St. asked whether or not the
proposed plan for expansion would
benefit the whole community, be-
ing more specific about relieving
the sewer problem on W. Locust
Street. Mr. Marc Meyer of 1275
Adeline St. took issue with the
rates as presently in effect by us-
Special Bession, October 28, 1968
ing them as a basis and what is a
proposed increase as published in
the paper. Mr. R. F. Sefzik of 430
Clark Street was under the im-
pression that too much money has
been used in Urban Renewal for
expansion of the water system.
Compared to the overall proposed
amount to be spent it would only
amount to about 5%. Mr. Sefzik
suggested that the program of wa-
ter expansion be reappraised and
cut down to size. Mention was
made by someone in attendance
that the retirees and those citizens
on fixed incomes would not be able
to stand the rate increases.
Mayor McCauley moved that the
rules be reimposed. Seconded by
Councilman Pregler. Carried by
the following vote:
Yeas-Mayor McCauley, Council-
men Couchman, Meyers, Pregler,
Schultz.
Nays-None.
605
604
Special Session, October 28, 1968
Meyers. Carried by the following
vote:
Yeas-Mayor McCauley, Council-
men Couchman, Meyers, Pregler,
Schultz.
Nays-None.
Notice of claim of W. J. Daugh-
erty, in the amount of $75.00, for
damage to the roof and gutter of
his home at 1004 Bluff Street as
the result of a fallen tree limb on
October 18, 1968, presented and
read. Councilman Pregler moved
that the Notice of claim be re-
ferred to the City Solicitor for in-
vestigation and report. Seconded
by Councilman Meyers. Carried by
the following vote:
Yeas-Mayor McCauley, Council-
men Couchman, Meyers, Pregler,
Schultz.
Nays-None.
Notice of claim of Lucile G.
Schmitt, in the amount of $90. for
damage to her home at 55 E. 15th
Street, as the result of a fallen
tree limb on October 17, 1968, pre-
sented and read. Councilman Preg-
ler moved that the notice of claim
be referred to the City Solicitor
for investigation and report. Sec-
onded by Councilman Meyers. Car-
ried by the following vote:
Yeas-Mayor McCauley, Council-
men Couchman, Meyers, Pregler,
Schultz.
Nays-None.
Notice of claim of Mrs. Ellen
Lakeman of 2708 Washington
Street for expense incurred as the
result of a backed.up sanitary sew-
er at 2674 VanBuren Street during
the month of September 1968, pre-
sented and read. Councilman Preg-
ler moved that the notice of claim
be referred to the City Solicitor for
investigation and report. Seconded
by Councilman Meyers. Carried by
the following vote:
Yeas-Mayor McCauley, Council-
men Couchman, Meyers, Pregler,
Schultz.
Nays-None.
Notice of claim of Eldon Kieffer
of 890 Pleasant Street, in the
amount of $39.14 to cover car dam.
age incurred as the result of a
fallen tree limb on October 17,
1968, presented and read. Council-
man Pregler moved that the notice
of claim be referred to the City
Solicitor for investigation and re-
In
, I,
""b-
anO --,'..,ov... thl'
I....
Svl.."e, McCavlev
Mavo,
n
AII..t, L
Publl,h'" officially In The Tel.....".
H...IO Ne",.a.e' thl, 'lot Oay of Oc-
to"" "'8.
Leo F. F,omme"
Clly Cle'"
I
"'
.. follow",
(AI Wal.. ..t.. fo' u..... within the
CIty of Oubuque. Iowa, who'e mete"
..e ,eaO monthly, "'all be .. follow",
month SUO
, month .<5 ...
hu"",'" cubl
Next 1.000 feel pe, month .<0
.e, hunO,'" eet
Nexl 1.000 cu c feet pe, month .33
pe, hunO,'" cubic feet
Ne'" 12.000 cubic feet pe, month .27
... hunO,'" cubic feet
Nexf 35.000 cubic feet ... month .23
pe, hunO,'" cubic feet
Next 50.000 cubic feef pe, month .20
pee hunO,'" cubic feet
.alance .16 pe, hu"",'" cubic faet
II. I/HI
606
Special Session, October 28, 1968
Mayor McCauley moved final
adoption of the Ordinance. Sec-
onded by Councilman Couchman.
Carried by the following vote:
Yeas-Mayor McCauley, Council-
men Couclunan, Meyers, Pregler.
Nays-Councilman SchultL
Mr. Paul Ombruni of Henning-
son, Durham & Riehardson Inc.
and Cullen and Schiltz associates
was requested by the Council to
submit the proposed plans of sew-
age disposal expansion and sewer
construction. Mr- Ombruni went in-
to detail explaining what is cov-
ered under the plans as proposed
and what the citizens may expect.
Mr. Delos Kringle of 905 Tressa I
Street, evidently a railroad man
that rides the caboose past the'
present sewage disposal plant,
asked how long it would take to
dispose of the odor problem at the
present plant. Mr. Ombruni stated
that it is presently planned to in-
stall an incinerator to burn and
consume the amount of dry sludge
from the plant approximately 9O'i1o.
Mr. Art Boardman of 91 Burns
St. made inquiry as to disposal of
the end product for fertilizing
purposes. He was informed that it
is not economically feasible, which
has been proven by cities that have
tried it.
An Ordinance repHUng Ordi-
nance 56-58 and Subsection b
and C-7 of Section IV of Ordi.
nance 35.57 and enacting a sub-
stitute therefor revising the
schedule of rat.. and minimum
sewer rental charges,
said Ordmance havmg been previ-
ously presented and read at the
Council meeting of October 14,
1968, presented for final adoption.
ORDINANCE NO. .....
An O,dlnanœ ,epealins O,dlnenœ
56-" end s,"""on bend C-7 of Soc-
tlon IV of O,dlnance ..." end .nectlns
e "Ost,Me Ihe""'" ,ev~ins Ihe ,ene,"'e
of ,etas and minimum _e, ,.ntel
ene,....
Be If o,daln" by the CIIY COUncil of
Ihe C,ty 01 ~"""q"e. Iowa,
SECTiON 1. That O,dlnen,e 56-" I.
he~~lTrWe¡~that .ubsectlon b of SIlO-
lion iV of O,d,nan,e '--oJ .. and Ihe
,ame " he"by ,apeal" and tho follow-
ins ..ad" '" II.. Ih"..f,
"b. S<:h"ule of Rales
MONTHLY RATES
FI"f 1000 Cubl, "et " ".J> pe, huo-
d'" ,ubI< feel
Nexl 1000 Cubl, feet @ SO.26 pe, hun-
d'" ,ubI< feel
Next 'ODO Cob', feef @ ".22 pe, huo-
d," C,b., feet
Next ,2000.5~bl< feet @ SO.II pe' huo-
feet @ ".16 pe, huo-
feef""."".,.hun-
.a' hund," ,ubI' teel
. ..".,. ",. '.0""" .. -_.~, con-
,um" " 'u'" thet fhe ml,lmum we",
,..-vloo " "'e,gad, the minimum ,ew",
."yloo "'...e. a<eo"""" fo the .',e of
the mete" .hall .. a. tollows:
MONTHLY RATES
.." me"'. Minimum ene..e SO.95-
all,wen'e 300 C"bl, feel
.." mete,. MI,'mum Che,se $'-'7-
ellow.." .roo ,
'" me.....
ell~an" "'.
1'4" mete<.
allowance 700
lW' mel".
allows"~. 9ØD
"0010"" "".
°, thlee ".e-
-. u,a,lmou. yole
'ey of Octlb". 1968.
by lecold.. loll ,all yole.
a'd a..,oued Ihl. 281h day of
,1968.
Sylmt., M,Cauley
MeYO!
Walfel A. PI,,'el
Oooold R. Mem.
Geylold M. Cou"'ma,
Co",dlme,
Alle.f' Loo F. F'ommelf
CIIY CI".
Publl.h" offldally " Ihe Tel..,e..-
H"eld News.a".,. thl. 31.f day of Oc:-
to,,",.I"'.
L.. F. FIOmmell
CIIY Ci.....
1 t. 111-31
Councilman Couclunan m 0 v e d
final adoption of the Ordinance.
Seconded by Councilman Pregler.
Carried by the following vote:
Yeas-Mayor McCauley, Council-
men Couchman, Meyers, Pregler.
Nays-Councilman SchultL
ORDINANCE NO. 66-68
An Ordinance amending and
changing Ordinance No. 3-34
known as the Zoning Map and
Zoning Ordinance of the city of
Special Session, October 28, 1968
007
Dubuque so as to change certain
property hereinalter described
from "Single Family Residence
District" classification to "Local
Business "B" District" classifi.
cation, (Old Timers Club and J.
P. Meltel. Sub. No.2)
presented and read.
Councilman Meyers moved that
the reading just had be considered
the first reading of the Ordinance.
Seconded by Mayor McCauley. Car-
ried by the following vote:
Yeas-Mayor McCauley, 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 Mayor Mc-
Cauley. Carried by the following
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 November 18, 1968,
at 7:30 P.M. Central Standard Time
in the Council Chamber at the City
Hall and that the City Clerk be in-
structed to publish notice of the
hearing in the manner required by
law. Seconded by Mayor McCauley.
Carried by the following vote:
Yeas-Mayor McCauley, Council-
men Couchman, Meyers, Pregler,
Schultz.
Nays-None.
Petition of League of Women
Voters requesting permission to
distribute literature urging a
"Yes" vote on the five Constitu-
tional Amendments on November
2, from 10 A.M. to 4 P.M. present-
ed and read. Councilman Meyers
moved that the petition be re-
ferred to the City Manager. Sec-
onded by Mayor McCauley. Carried
by the following vote:
Yeas-Mayor McCauley, Council-
men Couchman, Meyers, Pregler,
Schultz.
Nays-None.
Petition of Singout Dubuque in
affiliation with Up With People
requesting permission to conduct
a button sale on November 8th and
9th, presented and read. Council-
man Meyers moved that the peti-
!ion be referred to the City Man-
ager. Seconded by Councilman
Pregler. Carried by the following
vote:
Yeas-Mayor McCauley, Council-
men Couchman, Meyers, Pregler,
Schultz.
Nays-None.
Petition of Caradco Incorporated
requesting vacation of the alley
from 11th street to 9th street which
parallels and lies between Jackson
Street and Washington Street, pre-
sented and read. Mayor McCauley
moved that the petition be re-
ferred to the Planning & Zoning
Commission. Seconded by Council-
man Couchman. Carried by the fol-
lowing vote:
Yeas-Mayor McCauley, Council-
men Couchman, Meyers, Pregler,
Schultz.
Nays-None.
Petition of Mrs. Lorraine M.
Briggs requesting installation of a
street light in the alley in the
1100 block between Rhomberg and
Garfield Avenues, presented and
read. Mayor McCauley moved that
the petition be referred to the City
Manager and Electrical Inspector
for investigation and report. Sec-
onded by Councilman Pregler. Car-
ried by the following vote:
Yeas-Mayor McCauley, Council-
men Couchman, Meyers, Pregler,
Schultz.
Nays-None.
Petition of Marcille A. Pauly re-
questing a refund of $375. on the
unexpired portion of Liquor Li-
cense No. C-4442, as she has dis-
continued business on September
30, 1968, presented and read. Coun-
cilman Meyers moved that the re-
fund be granted, and the Auditor
instructed to issue proper warrant.
Seconded by Councilman Couch-
man. Carried by the following
vote:
YeaS-Mayor McCauley, Council-
men Couchman, Meyers, Pregler,
Schultz.
Nays-None.
Petition of John B. King request-
ing a refund of $50. on the unex-
pired portion of cigarette license
No. 125 as he has discontinued
business on October 19, 1968, pre-
sented and read. Councilman Mey-
ers moved that the refund be
granted and the Auditor instructed
to issue proper warrant. Seconded
Special Session, October 28, 1968
Section 2. That the Mayor and
City Clerk be and they are hereby
authorized and directed to execute
said Agreement for Water Service
for and on behalf of the City of
Dubuque, Iowa.
Passed, approved and adopted
this 28th day of October, 1968.
Sylvester McCauley
Mayor
Walter A. Pregler
Merlin F. Schultz
Donald R. Meyers
Gaylord M. Couchman
Councilmen
608
by Councilman Couchman. Carried
by the following vote:
Yeas-Mayor McCauley, Council-
men Couchman, Meyers, Pregler,
Schultz.
Nays~None.
Petition of Mrs. Margaret Leiser
requesting a refund of $100. on the
unexpired portion of Class B Beer
License No. 48 as she has discon-
tinued business on October 19,
1968, presented I\Ild read. Council-
man Meyers moved that the re-
fund be granted and the Auditor
instructed to issue proper warrant.
Seconded by Councilman Couch-
man. Carried by the following vote:
YeaS-Mayor McCauley, Council-
men Couchman, Meyers, Pregler,
Schultz.
Nays-None.
Petition of Mrs. Margaret Leiser
requesting a refund of $250. on the
unexpired portion of Liquor Li-
cense No. C-5531, as she has dis-
continued business on October 19,
1968, presented and read. Council-
man Meyers moved that the re-
fund be granted and the Auditor
instructed to issue proper warrant.
Seconded by Councilman Couch-
man. Carried by the following
vote:
Yeas-Mayor McCauley, Council-
men Couchman, Meyers, Pregler,
Schultz.
Nays-None.
RESOLUTION NO. 467-68
WHEREAS, City of Dubuque,
Iowa and Retirement Investment
Corporation have entered into an
Agreement for Water Service to be
extended to and to serve the prop-
erty of the said Retirement Invest-
ment Corporation, a copy of which
Agreement is hereto attached and
by reference made a part hereof,
and
WHEREAS, the City Council of
the City of Dubuque, Iowa, has
examined said Agreement for Wa-
ter Service and same should be
approved.
NOW THEREFORE BE IT RE-
SOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the Agreement
for Water Service entered into by
and between Retirement invest-
ment Corporation and the City of
Dubuque, Iowa be and the same
is hereby approved.
Attest:
Leo F. Frommelt
City Clerk
Councilman Couchman m 0 v e d
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.
AGREEMENT FOR WATER
SERVICE
WHEREAS, RETffiEMENT IN.
VESTMENT CORPORATION has
petitioned the City of Dubuque,
Iowa, for the extension of water
services in Asbury Road commenc-
ing approximately at or near a
point adjacent to the west property
line of Lot 2 of Lot 1 of Lot 1 of
the SW¥4 of the SW¥4, Section 16,
Township 89 North, Range 2 East
of the 5th P.M.; to the westerly
property line of Lot 1 of the NW¥4
of NE¥4, Section 20, etc.
WHEREAS, said proposed exten-
sion of water service shall be lo-
cated approximately 963 feet with-
in the present corporate limits of
the City of Dubuque, Iowa, and
said proposed extension of water
service shall be located approxi-
mately 1750 feet beyond the pres-
ent corporate limits of the City of
Dubuque, Iowa.
NOW THEREFORE the parties
hereto for and in consideration of
the mutual covenants to be by
each performed and for and in
consideration of other good and
valuable consideration do hereby
agree as follows:
1. Retirement Investment Cor-
poration shall construct and install
according to the requirements, in-
spection and design of the City of
Dubuque, Iowa, Water Department
a water main which shall be twelve
inches in diameter and said water
main when completed shall be and
remain the property of the City of
Dubuque, Iowa.
2. The parties hereto agree that
as to that section of the water
main of approximately 963 feet in
length within the present corpo-
rate limits of the City of Dubuque,
Iowa, that Retirement Investment
Corporation shall receive through
the City of Dubuque Water De-
partment the amount of $2.25 per
lineal front foot which the City
shall collect as connection charges
from the abutting property owners
connecting thereto, and in addition
the City of Dubuque shall pay $2.25
per lineal front foot to Retirement
Investment Corporation upon con-
nection thereto by the abutting
property owners, and in addition
as pertain to public streets, the
City of Dubuque Water Department
shall provide to Retirement Invest-
ment Corporation the necessary
fire hydrant; control valves, boxes,
and hydrant branch tees and shall
pay Retirement Investment Cor-
poration $100.00 for each complete
installation of the aforementioned
hydrant group.
3. It is further agreed between
the parties hereto that as to that
portion of the water main of ap-
proximately 1750 feet in length
outside the corporate limits of the
City of Dubuque, Iowa, that Re-
tirement Investment Corporation
shall pay for all costs of installa-
tion and construction of said wa-
ter main including costs of valves,
hydrants and fittings. No connec-
tions thereto shall be permitted
except by Retirement Inveslment
Corporation and no others, and no
connections shall be permitted to
be made to that portion of the
water main outside the present
corporate limits of the City of Du-
buque, Iowa, so long as said por-
tion remains outside or beyond the
corporate limits of the City of Du-
buque, Iowa. Retirement Invest-
ment Corporation by itself, its suc-
cessors or assigns shall in no
event furnish service or extend said
water services to any other person,
firm or corporation.
4. It is further agreed by the
parties hereto that when said ter-
ritory in which said water service
is located which is presently be-
yond the present corporate limits
Special Session, October 28, 1968
609
of the City of Dubuque is annexed
to the City of Dubuque, then in
such event the abutting property
owners abutting said water main
may connect thereto and the City
of Dubuque shall collect from said
connecting abutters the sum of
$2.25 per lineal front foot and City
shall remit said collected amount
to Retirement Investment Corpora-
tion.
5. It is mutually agreed t hat
Retirement Investment Corporation
shall secure all the necessary ease-
ments and rights of way to locate
that portion of the water main pro-
posed to be located beyond the
corporate limits of the City of Du-
buque, and in no event shall said
water main be located in any por-
tion of the present town of As-
bury.
6. Retirement Investment Cor-
poration agrees that it shall pay
the current water rates for users
outside the corporate limits of
the City of Dubuque.
7. Retirement Investment Cor-
poration agrees for itself, its suc-
cessors and assigns to voluntarily
annex to the City of Dubuque,
Iowa, and it understands, warrants
and represents that the extension
of water services to its present
location has been upon the ma-
terial representation by said Re-
tirement Investment Corporation
that it will voluntarily annex its
territory to the City of Dubuque,
Iowa.
8. It is mutually agreed and
understood between the parties
hereto that in no event shall the
City of Dubuque be required to
maintain normal static pressure
beyond 20 pounds per square inch
(20 p.s.i.).
That the parties hereto for them-
selves, their successors and as-
signs, agree to be bound by the
terms and provisions hereof.
Dated at Dubuque, Iowa, this
28th day of October, 1968.
CITY OF DUBUQUE, IOWA
BY: Sylvester McCauley
Mayor
RETIREMENT INVEST-
MENT CORPORATION
BY: Frank H. Bertsch
Its President
BY: Elizabeth Stangl
Its Secretary
Attest:
Leo F. Frommelt
City Clerk
610 Special Session, October 28, 1968
A resolution was presented along City Lot 5O5A and City Lot 506B
with an Agreement by and between in the City of Dubuque, Iowa,
the Retirement Investment Corpo- per the recorded Plats thereof.
ration and the City covering the Section 2. That the City Clerk
construction of a sewer main. be and he is hereby authorized
E. Marshall Thomas attorney, and directed to deliver the afore-
representing the Pfohl interests said Quit Claim Deed of the City
informed the Council that ease. of Dubuque, Iowa, to Caradco In-
ments for the construction of the corporated.
sewer have not been procured from Passed, adopted and approved
his client. He requested that ac. this 28th day of October, 1968.
tion on t.he agreement be po~t- Sylvester McCauley
paned untll everyone concerned m Mayor
the construction of this sewer has Walter A. Pregler
the proper understandmg. Merlin F. Schultz
Councilman Meyers moved that Donald R. Meyers
the agreement be set aside until Gaylord M. Couchman
negotiations can be firmed up be- Councilmen
tween the parties involved. See- Attest:
onded by Councilman Couchman. Leo F. Frommelt
Carried by the following vote: City Clerk
Yeas-Mayor McCauley, Council- Councilman Meyers moved adop-
men Couchman, Meyers, Pregler, tion of the resolution. Seconded
Schultz. by Councilman Pregler. Carried by
Nays-None. the following vote:
Yeas-Mayor McCauley, Council-
men Couchman, Meyers, Pregler,
Schultz.
Nays-None.
Petition of The Kennedy Mall
Inc., Les Nelson Construction Co.,
Clin-Que Inc., requesting annexa-
tion of approximately 20.75 acres
immediately adjoining the wester-
ly limits of the City, north of U.S.
Highway #20, presented and read.
Councilman Pregler moved that
the petition be approved and re-
ferred to the Planning & Zoning
Commission for Zoning Classifica-
tion. Seconded by Councilman
Meyers. Carried by the following
vote:
Yeas-Mayor McCauley, Council-
men Couchman, Meyers, Pregler,
Schultz.
Nays-None.
NO. 469-68
RESOLUTION EXTENDING
CITY LIMITS
WHEREAS, the owners of an
area approximately 20.75 acres in
size, immediately adjoining the
westerly city limits of the City of
Dubuque, Iowa, and north of U.S.
Highway #20, have made applica-
tion for annexation of said terri-
tory to the City of Dubuque, Iowa;
and
WHEREAS, said territory is be-
ing substantially built up; and
RESOLUTION 468-68
WHEREAS, City of Dubuque,
Iowa, did vacate by Ordinance No.
52-68 a portion of Tenth Street east
of Jackson Street and Washington
Street between Tenth and Ninth
Streets in the City of Dubuque,
Iowa; and
WHEREAS, the City of Dubuque,
Iowa, has executed and delivered
to Caradco Incorporated a Quit
Claim Deed conveying said vacat-
ed streets to Caradco Incorporated,
using a word description; and
WHEREAS, said vacated por-
tions of Tenth Street and Washing-
ton Street have now been platted
and given lot numbers, City Lot
505A and City Lot 5O6B, in the
City of Dubuque, Iowa, per COpy
of plat attached hereto; and
WHEREAS, it is desirable for
title purposes to coufirm title in
Caradco Incorporated to said va-
cated portions of streets by use of
the aforesaid lot numbers;
NOW, THEREFORE, be it re-
solved by the City Council of the
City of Dubuque, Iowa;
Section 1. That the Mayor and
City Clerk are hereby authorized
and directed to execute Quit Claim
Deed of the City of Dubuque, Iowa,
conveying to Caradco Incorporated
all its right, title and interest in
and to the following described real
estate, to wit:
Special Session, October 28, 1968
611
WHEREAS, the owners and in-
habitants of said territory will be
enabled to secure the benefits of
City Government in the way of
police and fire protection if said
territory is incorporated within
the City Limits of the City of Du-
buque, Iowa; and
WHEREAS, the owners and in-
habitants of said territory will he
enabled to secure water, sewer and
other municipal services if said ter-
ritory is incorporated within the
City Limits of the City of Dubuque,
Iowa; and
WHEREAS, Section 362.30 of the
1966 Code of Iowa authorizes the
extension of City Limits in situa-
tions of this character by the adop-
tion of a resolution therefor; and
WHEREAS, the future ground
development and preservation of
the public health of the City of
Dubuque, Iowa, make it imperative
that said territory be made a part
of the City of Dubuque, Iowa; and
WHEREAS, it is necessary to
provide for the orderly and syste-
matic growth and development of
the territory adjoining the City of
Dubuque, Iowa;
NOW, THEREFORE, BE IT RE-
SOLVED by the City Council of
the City of Dubuque, Iowa, that
the territorial limits of the City
of Dubuque be and they are here-
by extended westerly by annexing
to the City of Dubuque the terri-
tory embraced within the follow.
ing described boundaries, to-wit:
Beginning at the Southeast
corner of B i e s Subdivision,
thence South 317.50'; thence
South 0°21' West 250.87'; thence
South 0°29' East 473'; thence
South 88°50' We s t 280.35';
thence North 31°49' West 629.-
63'; thence North 0°15'20" East
1088.04'; thence North 0°1' East
25'; thence South 89°53' East
608.54' to the point of beginning,
which parcel of land contains
Lot 1 of Lot 2 of Lot 2, Lot 1
of Lot 1 of Lot 1 of Lot 2, Lot 1
of Lot 2 of Lot 1 of Lot 2, Lot 2
of Lot 2 of Lot 1 of Lot 1 and
Bies Drive Extension, all in Clin-
Que Addition in Section 28,
Township 89 North, Range 2 East
of the 5th P.M. in Dubuque
Tow n s hip, Dubuque County,
Iowa, and containing approxi-
mately 20.75 acres,
as shown on the Plat attached here-
to and by this reference made a
part hereof, the boundaries of said
area being outlined in red thereon.
Passed, adopted and approved
this 28th day of October, A.D.,
1968-
Sylvester McCauley
Mayor
Walter A. Pregler
Merlin F. Schultz
Donald R. Meyers
Gaylord M. Couchman
Councilmen
Attest:
Leo F. Frommelt
Clerk of the City of Dubuque,
Iowa
Councilman Meyers moved adop-
tion of the resolution. Seconded
by Councilman Couchman. Carried
by the following vote:
Yeas-Mayor McCauley, Council-
men Couchman, Meyers, Pregler,
Schultz.
Nays-None.
RESOLUTION NO. 470-68
WHEREAS, City of Dubuque,
"Clin-Que, Inc.," an Iowa corpora-
tion, Les Nelson Construction Co.,
an Iowa corporation, and The Ken-
nedy Mall, Inc., an Iowa corpora-
tion, have negotiated the terms of
an agrement covering water ser-
vices and the installation of an
8-inch water main to be installed
by the City of Dubuque and the
voluntary annexation of certain
territory to the City of Dubuque
wihch territory is owned by Clin-
Que, Kennedy Mall, Inc., Nelson
Construction Company; and
WHEREAS, the terms and provi-
sions of said agreement have been
reduced to writing, a copy of
which is hereto attached and
which agreement has been exe-
cuted by Clin-Que, Inc., Les Nel-
son Construction Co., and the Ken-
nedy-Mall, Inc., and
WHEREAS, said agreement
should be executed by the City of
Dubuque.
NOW THEREFORE BE IT RE-
SOLVED by the Council of the
City of Dubuque, Iowa:
Section 1. That the agreement
bearing date of the 16th day of
October, 1968 by and between City
of Dubuque, Iowa, Clin-Que, Inc.,
Les Nelson Construction Co., and
612
Special Session, October 28, 1968
The Kennedy Mall, Inc. be and the
same is hereby approved.
Section 2. That the Mayor and
the City Clerk be and they are
hereby authorized and directed to
execute said Agreement for and
on behalf of the City of Dubuque,
Iowa.
Section 3. That the deposit with
the City of Dubuque, Iowa by Clin-
Que, Inc. of the sum of $6,871.50
be and in accordance with said
Agreement is herewith acknowl-
edged.
Passed, approved and adopted
this 28th day of October, 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.
AGREEMENT
This Agreement is made and
entered into this 16th day of Oc-
tober, A.D. 1968, by and between
the City of Dubuque, Iowa, a Mu-
nicipal Corporation, hereinafter re-
ferred to as the "City"; Clin-Que,
Inc., an Iowa Corporation having
its principal place of business in
Dubuque County, Iowa, hereinaf-
ter referred to as "Clin-Que"; Les
Nelson Construction Co., an Iowa
Corporation having its principal
place of business in Cerro Gordo
County, Iowa, hereinafter referred
to as "Nelson Construction Co.";
and The Kennedy Mall, Inc., an
Iowa Corporation having its prin-
cipal place of business in Dubuque
County, Iowa, hereinafter referred
to as "Kennedy Mall';;
WITNESSETH:
WHEREAS, Clin-Que, Kennedy
Mall and Nelson Construction Co.
are the owners of certain real es-
tate located in Dubuque County,
Iowa, and are about to petition the
City of Dubuque, Iowa, for the vol-
untary annexation of said real es-
tate to the City; and
WHEREAS, said real estate of
Clin-Que, Kennedy Mall and Nel-
son Construction Co. is not pres-
ently served by the water distribu-
tion system of the City; and
WHEREAS, as a consideration
for the voluntary annexation of
said real estate to the City, Clin-
Que, Kennedy Mall and Nelson
Construction Co. desire and the
City agrees to have said real es-
tate served by the water distribu-
tion system of the City in accord-
ance with the terms and condi-
tions hereinafter set forth;
NOW, THEREFORE, in consid-
eration of the mutual covenants
and promises of the respective
parties hereto, it is agreed as fol-
lows:
1. That Clin-Que, Kennedy Mall
and Nelson Construction Co. will
request voluntary annexation of
certain real estate to the City,
which real estate is described in
the Petition for Voluntary Annexa-
tion filed with the City of Du-
buque Solicitor on the 16th day
of October, 1968, a copy of which
Petition is attached hereto, marked
Exhibit "A" and by this reference
made a part hereof.
2. That Clin-Que will pay to the
City the sum of $6,871.50, to be
held by the City Treasurer in a
special account, whieh sum is here-
by established as a fair and rea-
sonable cost of the installation of
an 8-inch water main in Bies
Street extending from the existing
water main in Pennsylvania Ave-
nue on the north and the south-
erly terminus of Hies Street on the
south. In the event that said 8-inch
water main is installed by resolu-
tion of necessity and without ex-
pense for the installation thereof
to the City, said sum paid by Clin-
Que shall be forthwith refunded
in full to Clin-Que upon the instal-
lation of said 8-inch water main.
3. The City will install and main-
tain an 8-inch water main from
Pennsylvania Avenue in a souther.
Iy direction, over a route to be se-
lected and obtained by the City,
to connect with the water main in-
stalled by Clin-Que and presently
located within or adjacent to Lot
2 of Lot 2 of Lot 1 of Lot 2 of Clin-
Special Session, October 28, 1968
613
Que, Inc. Addition in Section 28,
Township 89 North, Range 2 East
of the 5th P.M. in Dubuque Coun-
ty, Iowa, which installation shall
be completed no later thán 120
days' from the date the Petition
for Annexation of the property in-
volved herein is filed with the
City Solicitor.
4. In the event that any owner
of any property abutting said 8-
inch water main, except Kennedy
Mall, sball obtain from the City
a connection to any water main
supplying water through the City
of Dubuque water distribution sys-
tem, said property owner shall
pay to the City, for the benefit of
Clin-Que, the sum of $2.25 per lin-
eal front foot of the property of
such owner that abuts said 8-inch
water main, and the City shall
forthwith reimburse to Clin-Que
said amount so paid.
No connection or other charge
shall be imposed upon Kennedy
Mall by reason of the construction
of the water main in question.
5. Kennedy Mall and the City
agree to provide, through their
respective water distribution sys-
tems, temporary water service to
the real estate owned by Nelson
Construction Co. and presently oc-
èupied by the National Cash Reg-
ister Company for an office and
sales facility, immediately upon
the adoption of a resolution by the
City Council of the City of Du-
buque, Iowa, annexing said real
estate referred to in Exhibit "A"
to the City and that such tempo-
rary water service shall continue
to be provided, without interrup-
tion to said property of Nelson
Construction Co., until the date on
which the City provides water ser-
vice to all of the property of Clin-
Que and Kennedy Mall which is
annexed to the City as set out in
Exhibit "A", or to February 1,
1969, which ever is sooner. That
the charge for said temporary wa-
ter service shall be based upon ex-
isting rates established by the
City.
That in the event that the 8-inch
water main contemplated to be
constructed from Pennsylvania
Avenue as provided herein is not
completed and in operation within
120 days from the date the Peti-
tion for Annexation of the prop-
erty involved herein is filed with
the City Solicitor, then, in that
event, Kennedy Mall, at its option,
may immediately terminate the
temporary water service to the
real estate owned by Nelson Con-
struction Co. and presently occu-
pied by the National Cash Regis-
ter Company.
6. Said 8-inch water main to be
installed by the City as herein pro-
vided shall become a part of the
City of Dubuque water distribution
system and ownership thereof
shall vest in the City and the
maintenance and operation there-
of shall be the exclusive responsi-
bility of the City.
7. That no connection or other
charge shall be imposed by the
City upon Nelson Construction Co.
for the providing of temporary wa-
ter service to its properties here-
in provided.
8. Clin-Que a~.es to pav the
City the sum of $2.25 per lineal
front foot on all of its pronerty
that abuts U. S. Hi¡<hway 20, to
be held by the City Treasurer in
a special account as its share of
the cost of the con,truction of. a
water main along U.S. Highway 20
at the time when the water main
contemplated to be constructed
from Pennsylvania Avenue as pro-
vided herein is completed and in
operation.
9. Time is of the essence of this
Agreement.
IN WITNESS WHEREOF. this
Agreement has been executed in
quadrunlicate on the day and year
first above written.
(CORPORATE SEAL)
THE CITY OF DUBUQUE, IOWA,
A Municipal Corporation
By Sylvester McCauley
Mayor
By Leo F. Frommelt
City Clerk
(CORPORATE SEAL)
CLIN-QUE, INC.,
An Iowa Corporation
By J. Allan Wallis. Jr.
Its President
By Thomas A. Luksetich
Its Secretary
614
Special Session, October 28; 1968
(CORPORATE SEAL)
LES NELSON CONSTRUCTION
CO., An Iowa Corporation
By Leslie E. Nelson
Its President
By Ruth L. Nelson
Its Secretary
(CORPORATE SEAL)
THE KENNEDY MALL, INC.,
An Iowa Corporation
By William Cafaro
Its President
By Roland G. Galip
Its Secretary
Resolution end Applicetlon for
Approvel of the Permanent
Transfer of Funds
RESOLUTION NO. 471-68
WHEREAS, there is now in the
hands of the treasurer the sum of
$2,000.00, credited to the General
fund, and
WHEREAS, it is desired to trans-
fer $2,000.00 from the General
Fund to the Recreation (Park Im-
provement) Fund, for the follow-
ing reasons:
To relocate the old City Hall
Bell, (now in storage) in front of
City Hall.
and
WHEREAS. said transfer is to
be permanent in accordance with
Section 24.22, Code of Iowa; and
WHEREAS, there is sufficient
money in the General fund to
meet all demands thereon, and
WHEREAS, all laws relatin~ to
municipallties have been compiled
with,
NOW THEREFORE. be it re-
solved by the City Council of Du-
buque, Dubuque County, Iowa. sub-
ject to the approval of the State
Comptroller, that said sum of
$2,000.00 be, and the same is here-
by transferred from the General
fund to the Recreation (Park Im-
provement) fund, and the City Au-
ditor (Secretarial officer) is direct-
ed to correct his books accordingly
and to notify the treasurer of thi,
transfer, accompanying the notifi-
cation with a copy of this resolu-
tion and the record of its adop-
tion. The vote thereon was as fol-
lows:
Yeas - Mayor Sylvester Mc-
Cauley, Councilmen Gaylord M.
<-.
Couchman, Merlin P. Schultz.
Nays - Councilmen Donald R.
Meyers, Walter A. Pregler.
Sylvester McCauley
(Presiding officer)
Leo F. Frommelt
(Secretarial officer)
I hereby certify the above to be
a true and correct copy of resolu-
tion passed by the City Council
on the 28th day of October, A.D.
1968.
Leo F. Frommelt
(Secretarial officer)
APPROVAL
The above application and reso-
lution having been filed with the
State Comptroller, the transfer re-
quested is approved this 30 day
of October, 1968.
Marvin R. Selden, Jr.
State Comptroller
Councilman Couchman moved
adoption of the resolution. Second-
ed by Mayor McCauley. Carried by
the follawing vote:
Yeas - Mayor McCauley, Coun-
cilmen Couchman, Schultz.
Nays - Councilmen Meyers,
Pregler.
There being no further business
Councilman Pregler moved to ad-
journ. Seconded by Councilman
Meyers. Carried by the following
vote:
Yeas - Mayor McCauley, Coun-
cilmen Couchman, Meyers, Preg.
ler, Schultz.
Nays-None.
Leo F. Frommelt
City Clerk
Approved ....................................1968
Adopted ......................................1968
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Councilmen
Attest """"""""ëiï;"c¡';¡;"""""'"
Regular Session, November 4, 1968
615
Board of Health
OFFICIAL
R8gular Session, November 4,
1968.
Boerd met at 7:15 P.M. (C.S.T.).
Present - ChaIrman Sylvester
McCauley. Messrs. Gaylord M.
Couchman, Donald R. Meyers. Wal.
ter A. Pregler, Merlin F. Schull%.
Health Director Dr. Kenneth K.
Hazlet.
Communication of Iowa State
Department of Health approving
operation of Knapp Mobile Park
#4 at E. 32nd Street, presented
and read.
Mr. Merlin F. Schultz moved
that the communication be receiv-
ed and filed. 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.
Dr. Kenneth K. Hazlet, being
ever conscious of the dog situation,
reviewed the situation with the
Council.
There being no further business
Mr. Donald R. Meyers moved that
the Board of Health meeting ad-
journ. Seeonded by Mr. Walter A.
Pregler. Carried by the following
vote:
Yeas-Chairmsn Sylvester Mc-
Cauley, Messrs. Gaylord M. Couch-
man, Donald R. Meyers, Walter A.
Pregler, Merlin F. Schultz.
Nays-None.
Leo F. Frommelt,
Clerk Board of Health.
Approved ....................................1969
Adopted ......................................1969
¡....................................
Members of ....................................
Bd. of Health ....................................
(::::::::::::::::::::::::::::::::::::
Attest: """"""""""""""""""
Clerk Board of Health