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1969 April Council Proceedings Regular Session, April 7, 1969 135 CITY COUNCIL OFFICIAL Regular Session, April 7, 1969. Council met at 7:30 P.M.(C.S.T.) Present_ayor Pregler, Coun- cilmen Meyers, McCauley, Schult.. City Menager Gilbert D. Chaye- nelle. Absent - Councilman, Couchman (out of city). Mayor Pregler read the call and stated that service thereof had been duly made and this is the REGULAR MONTHLY MEETING of the City Council called for the purpose of acting upon such husi- ness as may properly come hefore the meeting. April 7, 1969 To the Honorable Mayor and City Council, Gentlemen: This is to advise that 1 have ap- proved the following bonds and policy and desire to have your ap- proval on same. LIABILITY Merlin Goerdt, DBA M. F. Goerdt Construction Company, Hartford Accident and lndemnity Co. SIDEWALK John R. Altman, Western Surety Company John P. Welter Sons, Western Surety Company Respectfully, Gilbert D. Chavenelle City Manager Mayor Pregler moved that the policy and bonds be filed subject to approval of the City Attorney. Seconded by Councilman Meyers. Carried by the following vote: Yeas-Mayor Pregler, Council- men Meyers, McCauley, Schultz. Nays-None. Absent-Councilman Couchman. April 4, 1969 To the Honorable Mayor and City Council Gentlemen: It is requested that architect George Deininger be given a few minutes at your meeting April 7th to review with you the plans for Fire Station No.3. The purpose of this review is to prepare for the filing of com- pleted plans and specifications at the Council meeting on April 14th. Respectfully requested, Gilbert D. Chavenelle City Manager Mayor Pregler moved that the communication be received and filed. Seconded by Councilman Meyers. Carried by the following vote: Yeas-Mayor Pregler, Council- men Meyers, McCauley, Schultz. Nays-None. Absent-Councilman Couchman. Mayor Pregler moved that the rules be suspended in order to let anyone present address the Coun- cil if they so desire. Seconded by Councilman Meyers. Carried by the following vote: Yeas - Mayor Pregler, Council- men Meyers, McCauley, Schultz. Nays-None. Absent-Councilman Couchman. Mr. George Deininger, architect, submitted preliminary plans for the construction of the proposed Fire Headquarters Building, sub. ject to further review at the Coun- cil meeting to be held on April 14, 1969. April 4, 1969 Honorable Mayor and Council Members Gentlemen: The City Planning and Zoning Commission has reviewed a re- quest to have the easterly 35 feet of lot 3 of McCoy's Subdivision re- classified from Multiple Residence to Local Business "A". This property is located at the corner of West Third Street and Winona and is occupied by a large residence and detached garage. Reclassification of this property would be creating a new Commer- cial District on the Zoning Map. A General Development Plan for this area proposes that it be main- tained as a residential area. It is the recommendation of the Commission that this request not be approved. Respectfully submitted, Planning & Zoning Commission Don Gilson City Planner Councilman Meyers moved con. currence with the Planning & Zon- ing Commission recommendation. 136 Regular Session, April 7, 1969 Seconded by Councilman McCau- ley. Carried by the following vote: Yeas - Mayor Pregler, Council- men Meyers, McCauley, Schultz. Nays-None. Absent-Councilman Couchman. April 4, 1969 Honorable Mayor and Council Members Gentlemen: The City Planning and Zoning Commission has reviewed a re- quest to have lot 2 of Subdivision of lot 1 of lot 1 of lot 1 of McLean Heights reclassified from Single Family Residence to Multiple Resi- dence on the Zoning Map. This property is located one lot depth south of Kelly Lane and ap- proximately 3 lot depths from Fre- mont Avenue. The property ad- joins a tract owned by the Du. buque Community School District for an elementary school. This property has access by private lane to Kelly Lane and access to the end of Cody Street. Planning for this area has en- visioned that it would be all Sin. gle Family Residence. Cody Drive was platted so that it could be ex- tended into the area in question and provide access to lots for Sin- gle Family Residences. Multiple Family Districts are us- ually best located adjacent to ma- jor streets. Since access to this particular site would be either through a residential area or by private lane that leads into the intersection of Kelly Lane and Fremont Avenue at an area where sight distance is poor, it was felt that it would be contrary to good land-use practices. It is the recommendation of the Commission that this request not be approved. Respectfully submitted, Planning & Zoning Commission Don Gilson City Planner Mayor Pregler moved approval fo the recommendation. Seconded hy Councilman Meyers. Carried by the following vote: Yeas-Mayor Pregler, Council- men Meyers, McCauley, Schultz. Nays-None. Absent--Councilman Couchman. April 4, 1969 Honorable Mayor and Councilmen Gentlemen: The City Planning and Zoning Commission has reviewed a peti- tion requesting rezoning of certain properties in the vicinity of the Washington Street Neighborhood and wishes to make the following report. The original petition was sub- mitted to the Council on Monday, November 4, 1968 and was re- ferred to the Planning Commis- sion. That petition requested that properties indicated on Map I be reclassified from their existing classification of Business and Light Industrial to Multiple Family Resi- dence. Since this original petition was received, 35 communications support for the request. 1n addition to these communications a petition were received stating objection to the proposal and 36 communica- tions were received stating further support for the request. 1n addi- tion to these communications a pe- tition was received stating objec- tion to the request and bearing 40 signatures. In order to make a judgment on this request the Commission reo examined the General Develop- ment Plan and particularly the proposal for the Washington Street Neighborhood. The General Development Plan proposal for the Washington Street Neighborhood is illustrated in Map II. The proposal for this area rec- ommended that: I. that a neighborhood be per- petuated 2. that the density be "high" 3. that major changes be made in the street pattern to dis- courage through traffic 4. that existing structures be razed and new buildings built 5. that land use be changed from Commercial and Indus- trial to Residential in certain areas. 6. that an Expressway be lo- cated along the south and east side of the neighborhood separating it from the Indus- trial area and providing a route for traffic to move around the neighborhood ra- ther than through it. Regular Session, April 7, 1969 137 It was the opinion of the Commis- sion that this plan is a valid plan and that any future recommenda- tions of the Commission should be in support of this plan. The ques- tion of building conditions was dis- cussed and it was the opinion of the Commission that they could not make any judgment on that at this time. In order for such a plan to be completely realized, it was the opinion of the Commission that the following methods could be used for various parts of the pro- gram. I. Public investment in public facilities 2. Public subsidy in private veu- tures 3. Private investment 4. Land-use controls 5. Neighborhood improvement efforts 6. Code enforcement Of these only Land-use controls was being considered and, more specifically, the consideration was limited to zoning. Because of this it was necessary for the Commis- sion to determine what effect re- zoning of this property would have in bringing about the proposed plan. Experience has generally in- dicated that zoning can be used to initiate a trend in redevelopment from a restricted use to a less restricted use and that it can be used to stabilize an existing pat- teru, but that it is not effective I in causing a trend from less re- stricted uses to more restricted uses. 1n fact, it can cause a de- terioration of those uses that are made non-<:onforming and in some instances cause them to be a more hlighting influence than previ- ously. The Commission also considered the rights of those property own- ers that have commercial and in- dustrial uses established and have made investments based on exist- ing zoning. It was the opinion of the Commission that in consider- ing only a change in zoning and no other action that it was diffi- cult to show a strong public bene- fit to offset the hardship that would be created for these Own- ers of commercial and industrial uses where there were severaJ non-residential uses in proximity. 1n reviewing the General Devel- opment Pian and specifically the general alignment of the Express- way from EJeventh to Fourteenth Street it was the opinion of the Commission that it was not pos- sible for them to make a recom- mendation on that area until a more specific alignment for this Expressway is determined. After considerable study of the existing conditions in the area, considering the rights of all peo- pie affected and considering only a change in zoning and no other action program, it was the opinion of the Commission that the area that would be benefited by a change in zoning would be that area as indicated on Map 1lI. This area is predominantly residential and the change in zoning could effectively stabilize it for the future. It is the Commissions opin- ion that rezoning without any oth- er actions will show adequate ben. efits to justify it. It is the Com- missions recommendation that this, the area described on the attached map, be rezoned. The Commission recognizes that this is not a finaJ solution to the problems in the Washington Street Neighhorhood hut that it is a sound action that will show hen- efits in the future. The Commission will continue to have an open mind for additional proposals and will, itself, take an active role in work- ing towards solutions. Respectfully submitted, PJanning and Zoning Commission Don Gilson City Planner Mayor Pregler moved that the communication he received and filed. Seconded hy Councilman Schultz. Carried by the following vote: Yeas-Mayor PregJer, Council. men Meyers, McCauley, Schultz. Nays-None. Absent-Councilman Couchman. Councilman McCauley m 0 ve d that the recommendation of the PJanning & Zoning Commission be approved and referred for proper proceedings. The motion died for lack of a second. Attorney Jim ReynoJds addressed the Council in behalf of the Wash- ,J.. 138 Regular Session, April 7, 1969 ington Street area residents by I stating that the area be put back into the orignal plan. Rev. Sig- warth, Hank Waltz, Lester Hartley, Felix Uelner, Joseph Thurston all spoke for and against the rezoning plan. A it e r considerable discussion from the floor Mayor Pregler moved that debate on the matter be closed. Seconded by Councilman Meyers. Carried by the following vote: Yeas-Mayor Pregler, Council- men Meyers, McCauley, Schultz. Nays-None. Absent-Councilman Couchman. Mayor Pregler moved that the proposed rezoning area be from the north side of 14th Street to between 19th and 20th alley, be- tween Central and White, to the west side of Elm Street, and re- ferred for proper proceedings. Seconded by Councilman Meyers. Carried by the following vote: Yeas-Mayor Pregler, Council- men Meyers, McCauley, Schultz. Nays-None. Absent-Councilman Couchman. Communication of Iowa Civil Rights Commission extending con- gratulations to the Council for adoption of the Human Rights Ordinance, presented and read. Mayor Pregler moved that the communication be received and filed. Seconded by Councilman Meyers. Carried by the following vote: Yeas-Mayor Pregler, Council- men Meyers, McCauley, Schultz. Nays-None. I Absent-Councilman Couchman. Communication of Alfred E. Hughes, attorney, addressed to the Director of Urban Renewal rela- tive to the possible purchase of real estate in the Urban Renewal area approximately 200' of front- age on Iowa Street south of 8th Street, presented and read. Coun- cilman Meyers moved that the communication be referred to the Urban Renewal Director for inves- tigation and report. Seconded by Councilman Schultz. Carried by the following yote: Yeas-Mayor Pregler, Council- men Meyers, McCauley, Schultz. Nays-None. Absent-Councilman Couchman. Attorney Alfred E. Hughes ad- dressed the Council by stating that some definite action should be taken relative to his proposal to acquire real estate in the Urban Renewal area. Notice of Suit of Ida E. Jacob- son, in the amount of $15,000 for personal injuries received in a fall on an ice covered sidewalk at the south side of Eleventh S t r e e t owned by Adams Realty Corpora- tion on January 8, 1969, presented and read. Councilman Meyers moved that the notice of claim be referred to the City Solicitor for investigation and report. Seconded by Mayor Pregler. Carried by the following vote: Yeas-Mayor Pregler, Council- men Meyers, McCauley, Schultz. Nays-None. Absent-Councilman Couchman. Notice of Subrogation interest and lien from General Adjustment Bureau Inc. by various insurance companies, in the amount of $133,- 000 as subrogee of Rainbo Oil Co. claiming a lien on any proceeds that may be paid on the claims, presented and read. Mayor Pregler moved that the notice be referred to the City Solicitor for investiga- tion and report. Seconded by Coun- cilman Schultz. Carried by the fol- lowing vote: Yeas-Mayor Pregler, Council- men Meyers, McCauley, Schultz. Nays-None. Absent-Councilman Couchman. Notice of Subrogation rights of Transamerica lnsurance Group in the amount of $50,000 for insur- ance coyerage on the Rainbo Oil Company building destroyed by fire on February 8, 1969, presented and read. Mayor Pregler moved that the notice be referred to the City Solicitor for investigation and report. Seconded by Councilman Schultz. Carried by the following vote: Yeas-Mayor Pregler, Council- men Meyers, McCauley, Schultz. Nays-None. Absent-Councilman Couchman. Proof of Publication, certified to by the publisher, of notice of pub- lic hearing to consider proposal to rezone certain described prop- erty in "Powers Place" from Single Family to Multiple Family Resi- Regular Session, April 7, 1969 dence District CJassification, pre- sented and read. No written objections were filed and no oral objectors were present at the time set for the public hearing. Councilman Meyers moved that the proof of Publication be re- ceived and filed. Seconded by Mayor PregJer. Carried by the fol- lowing vote: Yeas-Mayor Pregler, Council- men Meyers, McCauley, Schultz. Nays-None. Absent-Councilman Couchman. ORDINANCE NO. 12-69 An Ordinance amending and changing Ordinance No. 3-34 known as the Zoning Map and Zoning Ordinance of the City of Dubuque, Iowa, so as to change certain property hereinafter de- scribed from "Single Family Res- idence District" classification to "Multiple Family Residence Dis. trict" classification, (P 0 w e r s Place) said ordinance having been previously presented and read at the Council meeting of March 3, 1969, presented for final adoption. Now thmto" be H onlalned bv the CIty Co"ncn of the CIty of D"b"o"" low", SectIon 1. Th" a,dlnance No. :>34 the Zoning Map aad Zoalog of the City 01 D"b"o"e, Iowa, 139 Pa"ed. app,oved ao<! adooted !hI, '!h dav of Ap,", 1969. Wait., A. P"gl., Mam Svlml., McCa"'ev M""a F. Scholtz Do",ld R. Meve... Co,"cHmen ATTEST, Leo F. F,ommeit Citv CI.,. P"b",hed officiallY In The Tel.."p!>- H"ald New"..,p., !hI, 10th dav 01 Ap," 1969. Leo F. F",mme" City Cle"'. If. <-10 Councilman Meyers moved final adoption of the Ordinance. Sec- onded by Mayor Pregler. Carried by the following vote: Yeas-Mayor Pregler, Council- men Meyers, McCauley, Schultz. Nays-None. Absent-Councilman Couchman. Proof of Publication, certified to by the Publisher, of Notice of public hearing to consider pro- posal to rezone certain described property in "Powers Place" from Single Family Residence District Classification to Local Business District "A" Classification present- ed and read. No written objections were filed and no oral objectors were present in the Council Chamber at the time set for the public hearing. Councilman Meyers moyed that the proof of publication be re- ceived and filed. Seconded by Mayor Pregler. Carried by the fol- lowing Yote: Yeas-Mayor Pregler, Council- men Meyers, McCauley, Schultz. Nays-None. Absent-Councilman Couchman. ORDINANCE NO. 13-69 An Ordinance amending and changing Ordinance No. 3-34 known as the Zoning Mep and Zoning Ordinance of the City of Dubuque, Iowa so as to change certain property hereinafter de- scribed from "Single Family Res- idence District" classification to "Local Business "A" District" classification, (P 0 w e r s Place) said Ordinance having been preYiously presented and read at the Council meeting of March 3, 1969, presented for final adoption. Regular Session, April 7, 1969 Schultz. Carried by the following vote: Yeas-Mayor Pregler, Council- men Meyers, McCauley, Schultz. Nays-None. Absent-Councilman Couchman. ORDINANCE NO. 14-69 An Ordinance vacating a portion of Dana Drive now known and platted as Lot 14A of Block 1 in Westchester Subdivision, said Ordinance having been pre- viously presented and read at the Council meeting of March 3, 1969, presented for final adoption. ORDINANCE No. ,,-n WHEREAS. W.,"he,t." Inc. on lowo '" ".. pet;l;on"" the CUy Co,n- - D,'ve, Wood- 140 exlende' + o'on' tended to P""d. ""avod end od"tod thl, 7th dey of A"II, 1969. Welt., A. P"gl., Moyo, Sytv.,t., McC,,'ey M.,lIn F, Sch,'tz Donold R. Mey", Co'ndlmen ATTEST' Lon F, F<ammelt City CI.,k P,bll,hed offlclellY In The Teleg"ph- Hm:d Now,po... thl' 101h doy of Ap,1I ,..,. Leo F. F<ammelt City CI..-k. 11.4-10 Mayor Pregler moved final adop- tion of the Ordinance. Seconded by Councilman Schultz. Carried by the following vote: Yeas-Mayor Pregler, Council- men Meyers, McCauley, Schultz. Nays-None. Absent-Councilman Couchman. Proof of Publication, certified to by the Publisher, of notice of time and place of hearing to dispose of interest in a portion of Dana Drive, now known and platted as Lot 14A of Block 2 in Westchester Subdivision, presented and read. No written objections were filed and no oral objectors were present in the Council Chamber at the time set for the public hearing. Councilman Meyers moved that the proof of publication he received and filed. Seconded by Councilman nc.. end WHEREAS. It oppen" thot ,,'d ",rtlon of Do.. D,'ve w" dedleet"" by men" of olot end tho' "me " no Ion", need"" fa, ,"eel ,",p".,. end WHEREAS. the Plonnlng end Zoning Comml"'on h" opp,ov"" the v"otlon of thel ""tIon of Dono D,'ve " ""'n- obove ,p"lfled, end WHEREAS, "Id p"tIon of Do.. 0"" ,hell h",oft., be ploft"", known end demlbed " Lot UA of BI"k 2 In W.,tch.,t.,. 0 S,bdlv,,'on In the City of O,b,o'" lowe; NOW THEREFORE BE IT ORDAIN- ED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE. IOWA, Sedlon ,. Thot Ihe wtlon of Dono O,'ve which h" been plofted, dewlb" end known" follow", Lot UA of Block 2 In W.,tch.,t." 0 S,bdlv"'on In the City of D,b,o'" lowo be end the "me" he"by v"oted. Section 2. Thot the City CIe,k be eod he " h",bY o"ho,',"" end dI"ct" to "bll" notice of Intent to dl'po" of In- ,.,.,t In "01 .,tole " " by low 'e- o,'"d. ..ctl... 3. Thot the City CIe,k be end he " h",bv f"th., o"ho,',"" end dl- ",tod to file 0 ",""" COpy h",of In the am" of the R""d., In end fa, 0,- b,o" Co,nty. lowo. p""" "p<aved end odoPled thl, 7th dov of A"II. ,..,. Wolt., A. P"gl., Mow Svlv.,t., McC"'ey M.,lIn F. Sch,lt, Donold R. Mew, Co'ncllmen ATTEST, Leo F. F<ammelt City CI.,k P,bll,hed offlclollv In The Teleg"Ph- "mid New,pope, thl, 10th doy of A...II "". Leg F. F,ommelt CIty Cieri<. It. 4-10 Councilman Meyers moved final adoption of the Ordinance. Sec- onded by Mayor Pregler. Carried by the following vote: Yeas-Mayor Pregler, Council- men Meyers, McCauley, Schultz. Nays-None. Absent-Councilman Couchman. RESOLUTION NO. 79-69 WHEREAS, pursuant to resolu- tion of published notice of time and place of hearing published in Regular Session, April 7, 1969 141 the Telegraph-Herald, a newspaper of general circulation published in the City of Dubuque, Iowa on March 7, 1969 and March 14, 1969, City Council of Dubuque, Iowa met on the 7th day of April, 1969 at 7:30 o'clock P.M. in the City Coun- cil Chamber, City Hall, Dubuque, Iowa, to consider the proposal to dispose of interest of the City of Dubuque to a portion of Dana Drive, which is no Jonger needed for street purposes, now platted and described as Lot 14A of Block 2 in Westchester Subdivision in, the City of Dubuque, Iowa to West- chester, Inc., and WHEREAS, City Council of Du- buque, Iowa, overruJed 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 Westchester, lnc. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the disposal of I interest of City of Dubuque, Iowa, in real estate to Westchester, lnc. covering the following described real estate, to-wit: Lot 14A of Block 2 in West- chester Subdivision in the City of Dubuque, Iowa for costs of publication he 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 Westches- ter, lnc. upon receipt of costs of publication. I Section 3. That the City Clerk be and he is hereby authorized and directed to record a certified copy of this resolution in the of- fice of the Dubuque County Re- corder. Passed, approved and adopted this 7th day of April, 1969. Walter A. Pregler Mayor Sylvester McCauJey Medin F. Schultz Donald R. Meyers Councilmen Attest: Leo F. FrommeJt City Clerk Councilman Meyers moved adop- tion of the resolution. Seconded by Mayor Pregler. Carried by the following vote: Yeas-Mayor PregJer, Council- men Meyers, McCauley, Schultz. Nays-None. Absent-Councilman Couchman. Petition of Carl V. Riley attor- ney in behalf of Restoration lnc. requesting an extension to time to restore the house located at 425-29 Loras Blvd., known as Fort Rittenhouse, to effect the required improvements to bring the house in compliance with the Standard Housing Code of the City, pre- sented and read. Mr. Carl Riley presented plans and a sketch of the proposed res- toration of Fort Rittenhouse and also assured the Council of proper financing to complete the job. Councilman McCauJey m 0 v e d that the owners of Fort Ritten- house be given until October 1, 1969 to complete the building. Seconded by Mayor Pregler. Car- ried by the foJlowing vote: Yeas-Mayor PregJer, Council- men Meyers, McCauley. Nays-Councilman Schultz. Absent-Councilman Couchman. Petition of Beef Supreme lnc. requesting permission to construct a sanitary sewer under John F. Kennedy Road, presented and read. Mayor Pregler moved that the petition be approved subject to approval of the City Engineer and same should be referred to the City Manager and Staff for proper proceedings. Seconded by Councilman Meyers. Carried by the foJlowing vote: Yeas-Mayor Pregler, Council- men Meyers, McCauley, Schultz. Nays-None. Absent-Councilman Couchman. Petition of Dubuque COmmunity School District requesting permis- sion to excavate in Rosedale Ave- nue to tie into existing water, storm and sanitary lines to service a new bus garage, presented and read. Councilman Meyers moved approval of the petition subject to approval of the City Engineer. Seconded by Councilman Schultz. Carried by the foJlowing vote: Yeas-Mayor Pregler, Council- men Meyers, McCauley, Schultz. Nays-None. Absent-Councilman Couchman. ""', 142 Regular Session, April 7, 1969 Petition of Dubuque Policemen's Protective Assn. requesting a hear- ing on the proposed pay increase I and advising of full support of their membership to enforce the laws of the State and community to its fullest, presented and read. Mr. Gerald Sjobakken, represent- ing the Policemen's Protective Assn., and officers W. Vonah, John Maus, Val. Horch, Dwayne Nilles, Thos. Rettenmeier, Jerry Hirsch, John Stephens and Jerry Koch all addressed the Council relative to salary increases. Mayor Pregler moved that the petition be referred to the City Manager. Seconded by Councilman McCauley. Carried by the follow- ing yote: Yeas-Mayor Pregler, Council- men Meyers, McCauley, Schultz. Nays-None. Absent-Councilman Couchman. Petition of Eldon J. Konzen re- questing a refund of $25. on the unexpired portion of cigarette li- cense No. 255 as he has discon- tinued business on 3-31-69, pre- sented and read. Councilman Mc- Cauley moved that the refund be granted and the Auditor instruct- ed to issue proper warrant. Sec- onded by Councilman Schultz. Car- ried by the following yote: Yeas-Mayor Pregler, Council- men Meyers, McCauley, Schultz. Nays-None. Absent-Councilman Couchman. Proof of Publication, certified to by the Publisher, of notice of Pendency of Resolution of Neces- sity for public improvements and hearing upon proposed plans and specifications, form of contract and cost of improvements for the construction of the Eighth Street storm Sewer 1969 from W.P.L. of Iowa Street to the E.P.L. of Main Street, presented and read. No written objections were filed and no oral objectors were present in the Council Chamber at the time set for the public hearing. Councilman Meyers moved that the proof of publication be re- ceived and filed. Seconded by Mayor Pregler. Carried by the fol- lowing vote: Yeas-Mayor Pregler, Council- men Meyers, McCauley, Schultz. Nays-None. Absent-Councilman Couchman. (Necessity for Improvement) RESOLUTION NO. 43-69 WHEREAS, proposed plans, spec- ifications, form of contract have been duly prepared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk showing among other things the following: 1. The plan of such improve- ment. 2. An estimate of the cost of the proposed improvement. for the improvement of the EIGHTH STREET STORM SEWER, 1969, from the west property line of Iowa Street to the east property line of Main Street. BE IT THEREFORE RESOLVED that the City Council on its own motion or upon petition of prop- erty owners, deems it advisable and necessary for the public wel- fare to make the hereinmentioned improvement, and unless property owners at the time of the final consideration of this proposed res- olution have on file with the City Clerk objections to the amount of the cost of improvement, they shall be deemed to have waived all objections thereto. Said improvement shall be con- structed and done in accordance with the plans and specifications which have been prepared there- fore by the City Engineer which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said improve- ment will be paid from the San- itation Fund. The above resolution was intro- duced, approved, and ordered placed on file with the City Clerk this 3rd day of March, 1969. RECORD OF FINAL ADOPTION The foregoing resolution was finally passed and adopted, as pro- posed, by the City Council this 7th day of April, 1969. Walter A. Pregler Mayor Sylvester McCauley Merlin F. Schultz Donald R. Meyers Councilmen Attest: Leo F. Frommelt City Clerk Regular Session, April 7, 1969 Mayor Pregler moved final adop- tion of the resolution. Seconded by Councilman Meyers. Carried by the following vote: Yeas-Mayor Pregler, CouociJ- men Meyers, McCauley, Schultz. Nays-None. Absent-Councilman Couchman. (Ordering Construction) RESOLUTION NO. 80-69 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE that pursuant to a Resolution of Necessity No. 43-69 which was duly passed by this I Council for the improvement of the EIGHTH STREET STORM SEWER, 1969, from the west prop- erty line of Iowa Street to the east property line of Main Street, be and the same are hereby or- dered and constructed by this Council upon its own motion and with or without the petition of property owners. All the work shall be constructed in accordance with the plans and specifications heretofore adopted and now on file in the office of the City Clerk. BE IT FURTHER RESOLVED I that the cost and expense of the said improvement be paid from the Sanitation Fund. BE IT FURTHER RESOLVED that the City Clerk be and he is hereby ordered and directed to advertise for proposals for the construction of the various im- provements herein provided for in the manner provided by law. BE IT FURTHER RESOLVED that this resolution being deemed urgent and of IMMEDIATE NEC- ESSITY shall be in force and effect from and after its passage I and adoption by the City Council. Passed, adopted and approved this 7th day of April, 1969. Watler A. Pregler Mayor Sylvester McCauley Merlin F. Schultz Donald R. Meyers Councilmen Attest: Leo F. Frommelt City Clerk Councilman Meyers moved adop- tion of the resolution. Seconded by Mayor Pregler. Carried by the following yote: 143 Yeas-Mayor PregJer, Council- men Meyers, McCauley, Schultz. Nays-None. Absent-Councilman Couchman. Proof of Publication, certified to by the Publisher, of Notice to Contractors of the receipt of bids for the construction of the Eighth Street Storm Sewer 1969 from the S.P.L. of Iowa Street to the E.P.L. of Main Street, presented and read. Mayor Pregler moved that the proof of publication be received and filed. Seconded by Councilman Schultz. Carried by the following vote: Yeas-Mayor Pregler, Council- men Meyers, McCauley, Schultz. Nays-None. Absent-Councilman Couchman. April 5, 1969 To the Honorable Mayor and City Council Gentlemen: Pursuant to your instructions, sealed bids were received until 10:00 A.M., Thursday, April 4, 1969, for the improvement of the Eighth Street Storm Sewer, 1969, from the west property line of Iowa Street to the east property line of Main Street. The lowest bid entered was sub- mitted by Jim Schroeder, Inc., of Bellevue, 10wa. Their bid was 2.4% over the Engineer's estimate. I recommend that the contract for the improvement be awarded to Jim Schroeder, lnc. Respectfully submitted, Gilbert D. Chavenelle City Manager Mayor Pregler moved that the recommendation be approved. Sec- conded by Councilman Schultz. Carried by the following vote: Yeas-Mayor Pregler, Council- men Meyers, McCauley, Schultz. Nays-None. Absent-Councilman Couchman. (Awarding Contract) RESOLUTION NO. 81-69 WHEREAS, sea led proposals have been submitted by contrac- tors for the CONSTRUCTION OF EIGHTH STREET STORM SEWER, 1969 FROM THE WEST PROP- ERTY LINE OF IOWA STREET TO THE EAST PROPERTY LINE OF MAIN STREET. pursuant to Resolution No. 43-69 and notice >~-' 144 Regular Session, April 7, 1969 to bidders published in a neWS- I paper published in said City on March 7, 1969 and March 14, 1969, and WHEREAS, said sealed propos- als were opened and read on April 3, 1969, and it has been deter- mined that the bid of Jim Schroe- der Construction, lnc. of Bellevue, Iowa in the amount of $17,858.30 was the lowest bid for the furnish- ing of all labor and materials and performing the work as provided for in the plans and specifications; now therefore, BE IT RESOLVED by the City Council of the City of Dubuque that the contract for the above mentioned improvement be award- ed to Jim Schroeder Construction, lnc. and the Manager be and he is hereby directed to execute a contract on behalf of the City of Dubuque for the complete per- formance of said work. BE IT FURTHER RESOLVED, that upon the signing of said con- tract and the approval of the con- tractors bond the City Treasurer is authorized and instructed to return the bid deposits of the unsuccessful bidders. Passed and adopted this 7th day of April, 1969. Walter A. Pregler Mayor Sylvester McCauley Donald R. Meyers Merlin F. Schultz Councilmen Attest: Leo F. Frommelt City Clerk Councilman McCauley m 0 v e d adoption of the resolution. Second- ed by Councilman Meyers. Carried by the following vote: Yeas-Mayor Pregler, Council- men Meyers, McCauley, Schultz. Nays-None. Absent-Councilman Couchman. Proof of publication, certified to by the publisher, of Notice of Pendency of Resolution of Neces- sity for public improvements and hearing upon proposed plans and specüications form of contract and cost of improvements for the con- struction of Traffic Signals and street lights on Iowa Street from S.P.L. of Fourth Street to N.P.L. of Tenth Street, presented and read. -- No written objections were filed and no objectors were present in the Council Chamber at the time set for the public hearing. Council- man Meyers moved that the proof of publication be received and filed. Seconded by Mayor Pregler. Carried by the following vote: Yeas-Mayor Pregler, Council- men Meyers, McCauley, Schultz. Nays-None. Absent-Councilman Couchman. (Necessity for Improvement) RESOLUTION NO. 46-69 WHEREAS, proposed plans, spec- ifications, and form of contract have been duly prepared and ap- proved by the City Council of the City of Dubuque, Iowa, and are now on file in the office of the City Clerk showing among other things the following: (I) The plan of such improve- ment (2) An estimate of the cost of the improvement for the improvement of Traffic Signals and Street Lights on Iowa Streets from the south property line of Fourth Street to the north property line of Tenth Street. BE IT THEREFORE, RESOLVED that the City Council on its own motion, deems it advisable and necessary for the public welfare to make the herein mentioned im- provement, and unless property owners at the time of the final consideration of this proposed res- olution have on file with the City Clerk, objections to the amount of the cost of the improvement, they shall be deemed to have waived all objections thereto. Said improvement shall be con- structed and done in accordance with the plans and specifications which have been approyed by the City Council and are now on file with the City Clerk. That the cost and expense of making said im- provement will be paid from the Road Use Tax Fund and the Util- ities - Lighting Fund. The above resolution was intro- duced, approved and 0 r d ere d placed on file with the City Clerk this 3rd day of March, 1969. Approved and placed on file for final action. RECORD OF FINAL ADOPTION The foregoing resolution waS finally passed and adopted, as pro- Regular Session, April 7, 1969 posed by the City Council this 7th day of April 1969. Walter A. Pregler Mayor Sylvester McCauley Merlin F. Schultz Donald R. Meyers Councilmen Attest: Leo F. Frommelt City Clerk Mayor Pregler moved final adop- tion of the resolution. Seconded by Councilman Schultz. Carried by the following vote: Yeas-Mayor Pregler, Council- men Meyers, McCauley, Schultz. Nays-None. Absent-Councilman Couchman. Proof of Publication, certified to by the Publisher, of notice to Con- tractors of receipt of proposals for construction of Traffic Signals and Street Lights on Iowa Street from S.P.L. of Fourth Street to N.P.L. of Tenth Street, presented and read. Councilman Meyers moved that the proof of publication be re- ceived and filed. Seconded by Mayor Pregler. Carried by the fol- lowing vote: Yeas-Mayor Pregler, Council- men Meyers, McCauley, Schultz. Nays-None. Absent-Councilman Couchman. Proofs of Publication, certified to by the Publishers, of notice of levy of special assessment and intention of the City Council to issue bonds for the construction of Diane Court Sanitary and Storm I Sewer 1968, presented and read. Mayor Pregler moved that the proof of publication be received and filed. Seconded by Councilman Schultz. Carried by the following vote: Yeas-Mayor Pregler, Council- men Meyers, McCauley, Schultz. Nays-None. Absent-Councilman Couchman. Statement of City Clerk certify- ing that notices of levy were mailed to property owners of rec- ord according to County Auditor's roll, by certified mail on March 4, 1969, obligated to pay for cost of constructing the Diane Court Sanitary and Storm Sewer 1968, presented and read. Mayor Pregler moved that the statement be re- 145 ceived and filed. Seconded by Councilman Schultz. Carried by the following vote: Yeas-Mayor Pregler, Council- men Meyers, McCauley, Schultz. Nays-None. Absent-Councilman Couchman. RESOLUTION NO. 82-69 SCHEDULE OF ASSESSMENTS RESOLVED by the City Council of the City of Dubuque, Iowa: That to pay for Diane Court San- itary and Storm Sewer 1968, by Smitty's Excavating Service, con- tractor in front of and adjoining the same, a special tax be and is hereby levied on the several lots, and parts of lots, and parcels of real estate all as named, situated and owned, and for the several amounts set opposite each lot or parcel of real estate, as set forth in the following schedule. Mary Virginia Elmer, Lot 2-1-1-1-2, Mineral Lot 28 ......................................$1,141.83 John O. & Roberta Lu- thro, Lot 6, Koerpericks Subdivision ...................... 1,161.56 Jerold W. & Ardith J. Ransdell, Lot 1-5, Koer- pericks Subdivision ...... 1,158.89 $3,462.28 All of which is assessed in pro- portion to the special benefits conferred. TOTAL CONSTRUCTION COST ............................$6,131.74 City Share Construction Cost .............................. 3,054.20 Assessable Share Con- struction Cost ............ 3,077.54 Eng. and lnspection Cost .............................. 362.51 5% lnterest/52 days.... 22.23 TOTAL ASSESSABLE SHARE ....................$3,462.28 Passed, adopted and approved this 7th day of April, 1969. Walter A. Pregler, Mayor Sylvester McCauley Merlin F. Schultz Donald R. Meyers CoUncilmen Attest: Leo F. Frommelt, City Clerk Mayor Pregler moyed adoption of the resolution. Seconded by 146 Regular Session, April 7, 1969 Councilman Meyers. Carried by the there shall be issued sewer bonds following vote: in the amount of $3,462.28 Dollars Yeas - Mayor pregler, Coun- in anticipation of the defen;ed pay- cilmen Meyers, McCauley, Schultz. ment of assessments levied for Nays-None. such improyement. Absent-Councilman couchman. 2. Such bonds shall be called Proofs of publication, ce~ified d~:rol:':\,a~g6:~~~/::'1l t~: to b~ the pubhs~ers, of notice of numbered consecutively; and they hearlß~ to co~sider proposal to shall be numbered, divided into ~uthon~e the issUance of sewer series, and be in such denomina- onds lß the amount of $~,462.28 tions and for such maturity dates to. pay for cost of. constructing the as are shown in the following Dl8ne Court Samtary and Storm table' Sewer 1968, presented and read. . Mayor Pregler moved that the Series Bond Den~mi- M~tur- proof of publication be received No. No. natiOn tly and filed. Seconded by Councilman 1 None None McCauley. Carried by the following 2 None None vote: 3 None None Yeas - Mayor Pregler, Coun- 4 1477 500.00 4-1-73 cilmen Meyers McCauley Schultz 5 1478 500.00 4-1-75 Nays-None:. ' . ~ ~:~ ~gg:gg ::g~ Absent-Councilman Couchman. 8 1481 500.00 4-1-77 9 1482 500.00 4-1-78 10 1483 462.28 4-1-79 3. Said bonds shall bear interest at the rate of fiye per cent per annum, payable semi-annually in accordance with coupons thereto attached: 4. Said bonds shall not make the City of Dubuque liable in anY way, except for the application of said special assessment funds. 5. Said bonds shall provide that they may be payable at any time prior to the maturity date stated therein at the option of the City of Dubuque and shall be in sub- stantially the following form: RESOLUTION NO. 83-69 Resolution proyiding for the i.. suance of Sewer Bonds for the purpose of providing for the pay. ment of the assessed cost of The Diane Court Sanitary and Storm Sewer 1968 Whereas the contract heretofore entered into by the City of Du- buque, Iowa, for the improvement hereinafter described has been completed and the City Manager has certified the completion there- of to the City Council and the City Council has ascertained the cost thereof and has determined that $3,462.28 Dollars of the cost there- of shall be assessed against the I property subject to assessment therefor; and Whereas public notice, as provid. ed by law, has been published by the City Clerk stating the intention of the City Council to issue bonds for the purpose of providing for the payment of the assessed cost of said improyement and a public hearing has been held, pursuant to such notice and all objections made thereto haye been consid- ered 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 The Diane Court Sanitary and Storm Sewer-I968. No................."""" Series No......................... CITY OF DUBUQUE Sewer Bond The City of Dubuque in the State of Iowa promises to pay as here- inafter mentioned to the bearer hereof, on the first day of................, or at any time before that date, at the option of the City of Du- buque, the sum of fiye hundred dollars with interest thereon at the rate of five per cent per an- num, payable semi-annually, on the presentation and surrender of the interest coupons hereto attached. Both principal and interest of this bond are payable at the office of interest due that date on its............ Bond No. ................ dated ................. Regular Session, April 7, 1969 the City Treasurer in the City of Dubuque, in the State of Iowa. This bond is issued by the City of Du- buque under and by virtue of Chap- ter 396 of the 1966 Code of Iowa, as amended, and the Resolution of said City duly passed on the 7th day of April, 1969, being Resolu- tion No. 83-69. This Bond is one of a series of 7 bonds, 6 for $500.00 numbered from 1477 through 1482, and one for $462.28 numbered 1483, all of like tenor and date, and issued for the purpose of providing for the payment of the Diane Court Sani- tary and Storm Sewer - 1968 as described in said Resolution, in said City, which cost is payable by the abutting and adjacent property along said improvements and is made by law a lien on all of said property. It is payable only out of the Special Assessment Fund No. 1277 created by the collection of said special tax, and said fund can be used for no other purpose. It is hereby certified and recited that all the acts, conditions and things required to be done, prece- dent to and in issuing this series of bonds, have been done, happen- ed, and performed, in regular and due form, as required by law and said Resolution, and for the assess- ment, collection and payment here- on of said special tax, the full faith and diligence of said City of Du- buque are her e b y 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 'I its City Clerk and the Seal of said City to be thereto affixed, this 7th day of April, 1969. 147 """""""""""""""""""""""""" """""""""""""""""""""""""" City Clerk 6. That the Mayor and City Clerk be and they are hereby instructed to cause said bonds to be prepared and when so prepared to execute said bonds and that the City Clerk be and he is hereby instructed to register said bonds in a book kept for that purpose and to then deliv- er them to the City Treasurer. 7. That the City Treasurer is hereby instructed to sell said bonds in the manner provided by law, the proceeds of said sale to be placed in a special fund to be known as Special Assessment Fund No. 1277 and paid out by him to pay the cost of said contract. 8. That the interest coupons at- tached to the bonds be signed with the facsimile signature of the May- or and countersigned with the fac- simile signature of the City Clerk. 9. That as fast as funds allow, beginning with the second year after the payment of interest due, these bonds shall be called and retired in the same order as num- bered. The City Treasurer is di- rected to call these bonds in the same order as numbered. 10. Notice of election to call these bonds shall be giyen by reg- ular United States mail addressed to the last known address of the purchaser. Passed, adopted and approved this 7th day of April, 1969. Walter A. Pregler, Mayor Sylvester McCauley Merlin F. Schultz Donald R. Meyers Councilmen """""""""""""""""""""""""" Mayor (SEAL) Mayor City Clerk (Form of Coupon) On the ................ day of ................, the City of Dubuque, Iowa, prom- ises to pay to the bearer, as pro- vided in said bond, the sum of """""""""" Dollars, in the office of the City Treasurer in the City of Dubuque, being ................ months' Attest: Leo F. Frommelt City Clerk Mayor Pregler moved adoption of the resolution. Seconded by Councilman McCauley, Carried by the following vote: Yeas - Mayor Pregler, Coun- cilmen Meyer, McCauley, Schultz. Nays-None. Absent-Councilman Couchman. """""""""""""""""""""""""" 148 Regular Session, April 7, 1969 Proof of publication, certified to I by the Publisher, of Notice of time and place of hearing to dis- pose of interest in Lot 1 of Lot 1 Block 5 River Front Subdivision No.3 to Commodity Warehousing Corporation containing approxi- mately 10.175 acres, presented and read. No written objections were filed and no objectors were present in the Council Chamber at the time set for the public hearing. Mayor Pregler moved that the proof of publication be received and filed. Seconded by Councilman Meyers. Carried by the following vote: Yeas - Mayor Pregler, Coun- cilmen Meyers, McCauley, Schultz. Nays-None. Absent-Councilman Couchman. RESOLUTION NO. 84-69 WHEREAS, pursuant to resolu- tion of published notice of time and place of hearing published in the Telegraph-Herald, a newspaper of general circutation published in the City of Dubuque, Iowa, on March 10, 1969 and March 17, 1969, City Council of Dubuque, Iowa, met on the 7th day of April, 1969, at 7:30 o'clock P.M., in the City Council Chamber, City Hall, Du- buque, Iowa, to consider the pro- posal to dispose of interest of the City of Dubuque to Lot of Lot 1, Block 5 "River Front Subdivision, No.3," in the City of Dubuque, Iowa, containing approximately 10.175 acres, subject to easements ~~~'::~~s:~n~:d C;~Ye~:e~~~~~;: I for utilities purposes, and except easement "A" for railroad purpose title to which shall remain in the City of Dubuque, Iowa, according to the recorded plat thereof to Commodity Warehousing Corpora- tion of Chicago, illinois and WHEREAS, City Council of Du- buque, Iowa, overruled any 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 Commodity Warehousing Corpora- tion of Chicago, lllinois. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the disposal of interest of City of Dubuque, Iowa, in real estate to Commodity Ware- housing Corporation of Chicago, lllinois, covering the following de- scribed real estate, to-wit: Lot 1 of Lot 1, Block 5, "River Front Subdivision No.3" in the City of Dubuque, Iowa, containing approximately 10.- 175 acres, subject to easements reserved to the City of Du- buque, Iowa, designated as easement "B" for utilities pur- poses, and except easement "A" for railroad purposes ti- tle to which shall remain in the City of Dubuque, Iowa, according to recorded plat thereof for the purchase price of the amount of $5,000.00 per acre, be and the same is hereby approved, subject to the following terms and conditions, to-wit: A. That said real estate be sold to Commodity Warehousing Corporation of Chicago, lll- nois for the construction of a new building thereon con- taining approximately 100,- 000 square feet for the opera- tion of a cold storage and refrigeration plant in the City of Dubuque, 10wa. B. That the sale price for said real estate shall be in the amount of Five Thousand ($5,000.00) Dollars per acre and the receipt of Fiye Thou- sand ($5,000.00) Dollars as down payment is herewith acknowledged by the City. C. That construction of said plant be commenced within one (1) year of adoption and passage of this resolution and shall be completed within two (2) years of date of adop- tion and passage of this res- olution and upon failure so to do by the purchaser, Com- modity Warehousing Corpo- ration of Chicago, lllinois, said real estate shall auto- matically revert to the City of Dubuque, Iowa and purchase price, less damages, shall be refunded to the purchaser. D. That the construction of all buildings, yards, parking lots and fences shall be construct- ed in conformance with exist- ing City codes. 149 Regular Session, April 7, 1969 E. That title to the area desig- nated easement "A" on the plat dated February 3, 1969 be and the same shall remain in the City of Dubuque, Iowa. F. That the City of Dubuque, Iowa retains a perpetual ease- ment for existing waterlines, existing sanitary sewer and storm and for utilities togeth- er with right of ingress and egress to repair, inspect and maintain the same, including the right of ingress and eg- ress to repair, inspect and maintain railroad tracks in easement "A" and utilities in easement "B", which respec- tive rights may be assigned by the City of Dubuque, Iowa. G. That the purchasers shall pay the costs of survey and plat- ting of the premises which plat bears the date of Feb- ruary 3, 1969, and which has been prepared by Cullen- Schiltz Associates, Inc., en- gineers, which is in the ap- proximate amount of $425.48. H. That the City of Dubuque, Iowa shall construct and erect and install railroad tracks in I' the general location shown as easement "A" on the plat dated February 3, 1969 and prepared by Cullen-Schiltz As- sociates, Inc., engineers, and that, however, any connec- tions thereto to serve the property herein sold shall be at the expense of the pur- chasers. I. That the Commodity Ware- housing Corporation of Chi- cago, lllinois shall have the first right of refusal to pur- chase Lot 1 of Block 12 "Riv- er Front Subdivision No.3" except easement "A" which shall remain the property of the City of Dubuque, Iowa and Block 13 of "RiYer Front Subdivision No.3" in the event the City of Dubuque, Iowa elects to sell the same or in the event the City of Dubuque, Iowa receives an offer to purchase the same from a bonafide purchaser, in which event the said Com- codity Warehousing Corpora- tion of Chicago, minois shall be given the opportunity to match said saJe price, and said sale shall be on the same terms and conditions as here- in contained except as relates to purchase price, it being clearly understood, however, that Commodity Warehousing Corporation of Chicago, mi- nois by reason of its purchase of Lot 1 of Lot 1 of Block 5 of "River Front Subdivision No.3" acquires no vested right or interest in or to Lot 1 of Block 12 "River Front Sub- division No.3" or to Block 13 "River Front Subdivision No.3." Section 2. That the City Clerk be and he is hereby authorized and directed to de!iver the said deed of conveyance to Commodity Warehousing Corporation of Chi- cago, lllinois upon receipt of the purchase price in full at $5,000.00 per acre. Section 3. That the City Clerk be and he is hereby authorized and directed to record a certified copy of this Resolution in the office of the Dubuque County Recorder. Passed, approved and adopted this 7th day of April, 1969. Walter A. Pregler, Mayor Sylvester McCauley Merlin F. Schultz Donald R. Meyers Councilmen Attest: Leo F. Frommelt, City Clerk Mayor Pregler moved that the resolution be adopted. Seconded by Councilman Meyers. Carried by the following yote: Yeas - Mayor Pregler, Council- men Meyers, McCauley, Schultz. Nays-None. Absent-Councilman Couchman. RESOLUTION NO. 85-69 Authorizing the condemnation of certain parcels of real estate in the Downtown Urban Renewal Project Iowa R.15 WHEREAS, under date of July 26, 1967, the City of Dubuque and the United States of America en- tered into a Loan and Capital Grant Contract for the undertaking of the Downtown Urban Renewal Project, Iowa R-15: and WHEREAS, the City of Dubuque pursuant to such contract and to implement the Urban Renewal 150 Regular Session, April 7, 1969 Plan for the Project Area deems it necessary and in the public in- terest that the property herein- after described be acquired; and WHEREAS, all attempts by the I Department of Urban Renewal of the City of Dubuque to negotiate with the owners for the purchase of the following described prop- erty have failed; now therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DU- BUQUE, IOWA SECTION I. That the following described real estate owned by the persons indicated, be and the same should be acquired to implement the Urban Renewal Plan for the Downtown Urban Renewal Project, Iowa R-15. Owner Property Description Harriet Booth Lusch, The North one-third ('4) of Lot 31 in the City of Dubuque, Iowa, accord- ing to the United States Com- missioners' Map of the Town (now City) of Dubuque, Iowa. (Parcel 2-4) Charles Joseph Murphy, Ann Cody, Mary Reilly, Imelda Piekenbrock and Ellen Flood, The Easterly 25 feet of Lot 752 and the East- erly 25 feet of the Southerly 54 feet I inch of Lot 753 in the City of Dubuque, Iowa, accord- ing to the United States Com- missioners' Map of the Town (now City) of Dubuque, Iowa. (parcel 9-4) Renier Realty Company, The North- erly 43 feet 6 inches (also some- times referred to as the North 43 feet 6 inches) of Lot 17 in the City of Dubuque, Iowa ac- cording to the United States Commissioners' Map of the Town of Dubuque, Iowa. (parcel 11-7) Linehan and Molo, lnc., The West- ern 76 feet of the South 45 feet 6 inches of Lot 184 in the City of Dubuque, Iowa, according to the Unifed States Commission- ers' Plat of the Town (now city) of Dubuque, Iowa. (parcel 11-9) Charles Joseph Murphy, Ann Cody, Mary Reilly, Imelda Piekenbrock and Ellen Flood, The East 20 feet of the North one-half ('h) of the City Lot 11 in the City of Dubuque, Iowa, according to the United States Commission- ers' Plat thereof. (parcel 12-2) Eagle's Building Corporation, The South One-half ('h) of Lot 100 and the West 94 feet of the North One-half ('h) of Lot 100 in the City of Dubuque, Iowa, according to the United States Commissioners' Map of the Town (now City) of Dubuque, Iowa. (parcel 12-3) C. B. Trewin, North One-half ('h) of Lot 99 in the City of Du- buque, Iowa according to the United S tat e s Commissioners' Map of the Survey of the Town (now City) of Dubuque, Iowa. (Parcel 12-4) Donald J. Bandy and lona R. Bandy, The Southerly half ('h), also called the South half ('h) of Lot 99 in the City of Du- buque, Iowa according to the United S tat e s Commissioners' Map of the Town (now City) of Dubuque, Iowa. (Parcel 12-5) A I f red Schuster and Lourdes Schuster, The North (also called Northerly) One-half ('h) of Lot 98 in the City of Dubuque, Iowa, according to the United States Commissioners' P I a t thereof. (parcel 12-6) George L. McDonald, The Easterly 43 feet of Lot 185 in the City of Dubuque, Iowa, according to the United States Commission- ers' Map of the Town (now City) of Dubuque, Iowa. (Parcel 14-1) Linehan and Molo, lnc., The West- erly 70 feet of Lot 185 in the City of Dubuque, Iowa, accord- ing to the United States Com- missioners' Map of the Town (now City) of Dubuque, Iowa. (Parcel 14-2) Ridge Motor and Machine Com- pany, Lot 187 in the City of Dubuque, Iowa, according to the United S tat e s Commissioners' Map thereof. (Parcel 14-10) Ridge Motor and Machine Com- pany, Lot 186 in the City of Dubuque, Iowa, according to the United S tat e s Commissioners' Map of the Town of Dubuque, Iowa. (parcel 14-11) James P. Kachevas and Irene Kachevas, Lot 65 and the North 7 feet of Lot 65 A, in the City of Dubuque, Iowa, according to the United States Commission- ers' Map of the Town of Du- buque, Iowa. (Parcel 15-1) Danwreth Perkins Williams and Thelma Perkins, The North One- third of Lot 67 in the City of Dubuque, Iowa, according to the Regular Session, April 7, 1969 United S tat e s Commissioners' Map of the Town (now City) of Dubuque, Iowa. (Parcel 15-8) Catherine C. O'Rourke, The South two-thirds of Lot 66 in the City of Dubuque, Iowa, according to the United States Commission- ers' Map of the Town (now City) of Dubuque, Iowa. (Parcel 15-9) SECTION 2. That the Director of the Department of Urban Re- newal for the City of Dubuque, Iowa, be and he is hereby directed to cause condemnation proceedings be instituted as is provided by law to acquire said real estate herein- I before described, and the said Director of the Department of Urban Renewal is hereby author- ized to do any and all things nec- essary and requisite to such con- demnation proceedings. Passed, approved and adopted this 7th day of April, 1969. Walter A. Pregler Mayor SyJvester McCauley Donald R. Meyers Councilmen Attest: Leo F. Frommelt City Clerk Mayor Pregler moved adoption of the resolution. Seconded by Councilman McCauley. Carried by the following vote: Yeas-Mayor Pregler, Council- men Meyers, McCauley. Nays-Councilman Schultz. Absent-Councilman Couchman. RESOLUTION NO. 86-69 Accepting delivery of deeds for the Downtown Urban Renewal Project, Iowa R-15 WHEREAS, under date of July 26, 1697, the City of Dubuque and the United States of America en- tered into a Loan and Capital Grant Contract for the undertak- ing of the Downtown Urban Re- newal Project, Iowa R-15; and WHEREAS, the City of Dubuque, pursuant to authorization and direction of said Loan and Capital Grant Contract, has acquired for the public purpose of implement- ing and facilitating the Downtown Urban Renewal Project, Iowa R-15, certain parcels of real estate by purchase; now therefore 151 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: SECTION 1. That delivery of deeds to the City of Dubuque for the following described parcels of real estate in the Downtown Urban Renewal Project, Iowa R-15 is hereby ratified and accepted by the City of Dubuque. Grantor Property Description Louis Roseliep and Joseph Shan- non, DBA Dubuque Office Equip- ment Co. Louis Roseliep and Cathryn L. Roseliep and Joseph Shannon and ImeJda Shannon Deed dated March 13, 1969 Recorded in Book 198, Pages 278, 279 The South 'h of Lot 98 in the City of Dubuque, Iowa, according to the United States Commission- ers' Plat thereof. (Parcel No. 12-7) SECTION 2. That the recording of the respective deeds of con- veyance of title in the office of the Recorder in and for Dubuque County, Iowa is hereby ratified. SECTION 3. That the City Clerk be and he is hereby authorized and directed to file a copy of this Resolution in the Office of the Re- corder in and for Dubuque County, Iowa. Passed, approved and adopted this 7th day of April, 1969. Walter A. Pregler Mayor Sylvester McCauley Donald R. Meyers Councilmen Attest: Leo F. Frommelt City Clerk Councilman Meyers moved adop- tion of the resolution. Seconded by Mayor Pregler. Carried by the following yote: Yeas-Mayor Pregler, Council- men Meyers, McCauley. Nays-Councilman Schultz. Absent-Councilman Couchman, RESOLUTION NO. 87-69 Authorizing the issuance of Prof- ect Loan Notes in connection with Urban Renewa' Project Iowa R-IS WHEREAS, the City of Dubuque (herein called the "Local Public Agency") is duly authorized and proposes to undertake and carry 152 Regular Session, April 7, 1969 out a certain urban renewal or redevelopment project (Iowa R-15) of the character authorized by law with financial aid by the United States of America (herein called the "Government"), in the form of a Project Temporary Loan un- der Title I of the Housing Act of 1949, as amended (42 U.S.C. 1450 et seq.), which may be made by the Goverument to the Local Pub- lic Agency with respect to said Project in accordance with a cer- tain Loan and Grant Contract (herein called the "Contract"), by and between the Local Public Agency and the Government; and I WHEREAS, in order to enable the Local Public Agency to obtain such financial aid, it is necessary for the Local Public Agency to' authorize and, from time to time, issue certain obligations in the form of Project Loan Notes, as hereinafter provided: now there- fore, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DU- BUQUE, IOWA: SECTION I. Wheneyer the fol- lowing terms, or any of them, are used in this Resolution the same, unless the context shall indicate another or different meaning or intent, shall be construed, are used, and are intended to have meanings as follows: (1) The term "Resolution" shall mean this Resolution. (2) All other terms used in this Resolution and which are defined in the Contract shall have the respective mean- ings ascribed thereto in the Contract. SECTION 2. The Contract en- tered into between the Local Pub- lic Agency and the Government for the above identified Project is hereby declared to be a part of this Resolution and all applicable provisions thereof were expressly set forth in full herein. SECTION 3. 1n order to evidence payments made by the Govern- ment on account of the Project Temporary Loan pursuant to the Contract with respect to the Proj- ect and to refund, renew, extend or substitute for any Note by this Resolution authorized to be issued (or any such Note by any other resolution authorized to be issued and which is outstanding, or on deposit for delivery pending pay- ment therefor, as of tbe date this Resolution bee 0 m e s effective), there are hereby authorized to be isued, from time to time, Project Loan Notes of the Local Public Agency in an aggregate principal amount outstanding at anyone time (whether authorized by this Resolution or any other resolu- tion authorizing the issuance of Project Loan Notes) not in excess of the amount of the Project Tem- porary Loan available under the Contract. SECTION 4. The City Manager is hereby authorized to file with the Government from time to time as funds are required, requisitions, together with the necessary sup- porting documents, requesting pay- ments to be made on account of the Project Temporary Loan avail- able under the Contract, and the proper officers of the Local Public Agency shall prepare, execute and deliver to the Government Notes hereinafter authorized and shall accept payment therefor from the Government in the form of cash or other Notes issued by the Local Public Agency, and such officers are authorized to do and perform all other things and acts required to be done or performed in order to obtain such payments. Cash pro- ceeds from the issuance of all Pro- ject Loan Notes shall be deposited and disbursed only in accordance with the provisions of the Contract. SECTION 5. Each Project Loan Note shall bear interest and be payable in the form and manner prescribed by the Contract and this Resolution; shall be signed in the name of the Local Public Agency by the Mayor: and shall have the official seal of the Local Public Agency impressed thereon and at- tested by the City Clerk; and shall otherwise be in substantially the form of HUD-9107 incorporated herein by reference. SECTION 6. This Resolution shall supersede all previous resolutions authorizing Project Temporary Loan Notes, and the Project Loan Notes authorized by this Resolution shall be exchanged for any Project Temporary Loan Notes heretofore issued pursuant to any preVious resolution. Regular Session, April 7, 1969 Passed, approved and adopted this 7th day of AprU, 1969. WaJter A. Pregler, Mayor Sylvester McCauley Donald R. Meyers Councilmen Attest: Leo F. Frommelt, City Clerk Mayor Pregler moved adoption of the resolution. Seconded by Coun- cilman McCauley. Carried by the following vote: Yeas - Mayor Pregler, Coun- cilmen Meyers, McCauJey. NaYs--CouncUman Schultz- Absent-Councilman Coucbman. RESOLUTION NO. 88-69 WHEREAS, applications for Beer Permits have been submitted to this Council for approval and the same have been examined: NOW THEREFORE, BE IT RESOLVED by the City CouncU of the City of Dubuque, Iowa, that the following applica- tions be granted and licenses be issued upon the compliance with the terms of the ordinances of the City. CLASS "B" BEER PERMIT Josephine Burke, 531 Main Street Lois M. Morarend, 700 East 16th I Street Carl N. Brant, 2600 Central Ave- nue Kathleen L. Wedig, 1399 Jackson Street Karl Henry Oleson, 1701 Asbury Street Merlyn L. Weber, 1902 Central Avenue Passed, adopted and approved this 7th day of April, 1969. Walter A. PregJer Mayor Sylvester McCauley Merlin F. Schultz Donald R. Meyers Councilmen Attest: Leo F. Frommelt City Clerk Mayor Pregler moved adoption of the resoJution. Seconded by Councilman McCauJey. Carried by the following vote: Yeas-Mayor Pregler, Council- men Meyers, McCauley, Schultz. Nays-None. Absent-Councilman Couchman. 153 RESOLUTION NO. 89-69 WHEREAS, applications for Beer Permits were filed by the within named applicants and they have received the approval of this council, and WHEREAS, the premises to be occupied by such applicants were inspected and found to comply with the ordinances of this City and they have filed proper bonds: NOW THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the Manager be and he is hereby directed to issue to the following named applicants a Beer Permit. CLASS "B" BEER PERMIT Josephine Burke, 531 Main Street Lois M. Morarend, 700 East 16th Street Carl N. Brant, :mOO Central Ave- nue Kathleen L. Wedig, 1399 Jackson Street Karl Henry Oleson, 1701 Asbury Street Merlyn L. Weber, 1902 Central Avenue BE IT FURTHER RESOLVED that the bonds filed by such ap- plicants be and the same are here- by approved. Passed, adopted and approved this 7th day of April, 1969. Walter A. Pregler Mayor Sylvester McCauley Merlin F. Schultz Donald R. Meyers Councilmen Attest: Leo F. Frommelt City Clerk Mayor Pregler moved adoption of the resolution. Seconded by CouncUman MCCauley. Carried by the following vote: Yeas-Mayor Pregler, Council- men Meyers, McCauley, Schultz. Nays-None. Absent-Councilman Couchman. RESOLUTION NO. 90-69 WHEREAS, applications for Liq- uor Permits were filed by the within named applicants and they have received the approval of this Council, and WHEREAS, the premises to be occupied by such applicants were inspected and found to comply with the State Law and all City 154 Regular Session, April 7, 1969 ordinances releyant thereto and they have filed proper bonds; NOW THEREFORE BE IT RE- SOLVED by the City Council of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named applicants a Liquor Permit. CLASS "C" COMMERCIAL ESTABLISHMENT Lois M. Morarend, 700 East 16th Street Passed, adopted and approved this 7th day of April, 1969. Walter A. Pregler Mayor Sylvester McCauley Merlin F. Schultz Donald R. Meyers Councilmen Attest: Leo F. Frommelt City Clerk Mayor Pregler moyed adoption of the resolution. Seconded by Councilman McCauley. Carried by the following yote: Yeas-Mayor Pregler, Council- men Meyers, McCauley, Schultz. Nays-None. Absent-Councilman Couchman. RESOLUTION NO. 91-69 WHEREAS, applications for Liq- uor Permits have been submitted to this Council for approval and the same have been examined, NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the fo 110 wing applications be granted and licenses issued upon the compliance with the terms of the IOWA LIQUOR CONTROL ACT-CHAPTER 123-as amended by the 60th General Assembly, 1963. CLASS "C" COMMERCIAL ESTABLISHMENT Lois M. Morarend, 700 East 16th Street Passed, adopted and approved this 7th day of April, 1969. Walter A. Pregler Mayor Sylvester McCauley Merlin F. Schultz Donald R. Meyers Councllmen Attest: LeaF. Frommelt City Clerk Mayor Pregler moved adoption of the resolution. Seconded by Councilman McCauley. Carried by the following vote: Yeas-Mayor Pregler, Council- men Meyers, McCauley, Schultz. Nays-None. Absent-Councilman Couchman. Councilman McCauley moyed that George Deininger be re-ap- pointed to the Board of Zoning Adjustment for a five year term expiring 3-5-74; also that William Giese and Donald Kopp be re- appointed to three year terms expiring 3-16-72 to the Heating, Ventilating, Air Conditioning & Refrigeration Board. Seconded by Councilman Meyers. Carried by the following vote: Yeas-Mayor Pregler, Council- men Meyers, McCauley. Nays-Councilman Schultz. Absent-Councilman Couchman. Leo F. Frommelt City Clerk Approyed ..................................1969. Adopted ......................................1969. ............................................................ Councilmen Attest: """"ëiïÿ"'ci~~k:"""""""""'" Regular Session, April 14, 1969 Board of Health OFFICIAL Regular Session, April 14, 1969. Board met at 7:15 P.M. (C.5.T.) Present - Chairman Walter A. Pregler, Messrs. Gaylord M. Couch. man, Donald R. Meyers, Sylvester McCauley, Merlin F. Schultz. Dr. Kenneth K. Hulet. Dr. Hazlet reported to the Board that an Animal Warden has been hired to pick up stray dogs and handle complaints, at a straight salary plus overtime when called. All dogs are to be delivered to the Humane Society and taken ~~f i;'~~d~~de~~s fa~'::. ~~ I pJoyed for several weeks and it seems to be working out very well and expressed hope of eventoal control of the dog problem. There being no further business Chair- man Walter A. Pregler moved to adjourn. Seconded by Mr. Sylves- ter McCauley. Carried by the fol- lowing vote: Yeas--Chairman Walter A. Preg- ler. Messrs. Gaylord M. Couchman, Donald R. Meyers, Sylvester Mc- Cauley, Merlin F. Schultz. Nays-None. Leo F. Frommelt Clerk-Board of Health 155 Approved ....................................1969 Adopted ......................................1969 """""""""""""""""" Members of .................................... Bd. of Health, .................................... .................................... .................................... Attest: ................................................ Clerk Board of Health Special Session, April 14, 1969 and filed. Seconded by Mayor Pregler. Carried by the following vote: Yeas-Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays-None. Councilman Meyers moved that the rules be suspended in order to let anyone address the Council if they so desire. Seconded by Councilman Couchman. Carried by the following vote: Yeas-Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays-None. Mr. Don Gilson submitted a projection of the traffic pattern to 1990. Communication of Building De- partment requesting permission to issue a building permit to Mr. Frank Kelly to erect an addition to the present structure at 1990 Eim Street to house a drug store, presented and read. Councilman McCauley moved that the commu- nication be referred back to the Building Department to issue the permit. Seconded by Mayor Preg- ler. Carried by the following vote: Yeas-Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays-None. Mr. Frank Kelly stated that it was a mistake to be included in the original area for rezoning. April 11, 1969 To the Honorable Mayor and City Council Gentlemen: Mr. Richard Be a v e s has ex- pressed a desire to resign from the Board of Heating, Ventilating, Air Conditioning and Refrigera- tion. Mr. Beaves has served as a Board member since March 16, 1967. Since then he has retired from the heating and plumbing industry. I have appointed Mr. Adrian C. Swift as a member of the Heating, Ventilating, Air Conditioning and Refrigeration Board to fill the vacancy. He will serve the unex- pired term of Mr. Beaves until March 16, 1970. 156 CITY COUNCIL I OFFICIAL Special Session, April 14, 1969. Council met at 7:30 P.M. (S.S.T.) Present-Mayor Pregler, Coun- cilmen Couchman, Meyers, Mc. Cauley, Schultz. City Manager Gilbert D. Chaven- olIo. Mayor Pregler read the call and stated that service thereof had been duly made and this meeting is called for the purpose of con- sidering the adoption of a resolu- tion authorizing the issuance of Airport Bonds in the principal amount of $125,000 and leyying a tax to pay the same, and for such other business in connection there- with, and also acting upon such other business as may properly come before a regular meeting of the City Council. Communication of Cyril Wissel objecting to the proposed rezon- ing of the north 1/5 of Outlot 490 situated at 19th & Jackson Street, presented and read. Mayor Pregler moved that the communication be referred to the Council to be brought back at the time set for the public hearing. Seconded by Councilman Meyers. Carried by the following vote: Yeas-Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays-None. April 11, 1969 Honorable Mayor and Council Members Gentlemen: The Dubuque Urban Area Trans- portation Study has proceeded to the point that projected volumes for 1990 traffic is available. This projected traffic has been assigned to the existing street system to point out existing and potential problem areas. I would appreciate an opportu- nity to review this matter with the Council at its meeting on April 4, 1969. Respectfully requested, Don Gilson City Planner Councilman Meyers moved that the communication be received Special Session, April 14, 1969 157 1 request the Council to approve this appointment. Respectfully, Gilbert D. Chavenelle City Manager Councilman Meyers moved that the appointment be approved. Sec- onded by Mayor Pregler. Carried by the foJlowing vote: Yeas-Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. I Nays-None. Solicitor for investigation and re- port. Seconded by Councilman Meyers. Carried by the fOllowing vote: Yeas-Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays-None. Notice of claim of Lyle Dewey, in behalf of Linda Dewey a minor, of 2280 N. Grandview in the amount of $750. for damage to a violin on February 13, 1969, as the result of said minor falling on an ice covered walk at 1927 University Avenue, whiJe carrying said violin, presented and read. Mayor Pregler moved that the notice of claim be referred to the City Solicitor for investigation and report. Seconded by Councilman Meyers. Carried by the following vote: Yeas-Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays-None. ApriJ 14, 1969 To the HonorabJe Mayor and Members of the City CounciJ Gentlemen: In accordance with the provi- sions of Chapter 365 of the 1966 Code of Iowa, the Civil Service Commission conducted entrance examinations on April 2, 1969, for those seeking positions on the Police Department. I The following named person has passed both the written and physi- cal examination and is hereby cer- tified for appointment to the Police Department. DarreJi D. Scott 76% Respectfully submitted, Louis F. Fautsch Chairman Gerard B. Noonan Civil Service Commission Attest: Leo F. Frommelt Clerk Subscribed and sworn to before me this 14th day of April 1969. Eugene J. Berens Notary Public Mayor Pregler moved that the communication be received and made a matter of record. Seconded by Councilman McCauley. Carried by the following vote: Yeas-Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays-None. Notice of CJaim of John L. Reese of 110 S. Booth Street, in the amount of $100. for damage to his suit of cJothes as the result of a fall over a protruding piece of pipe at 160 HiJi Street on March 30, 1969, presented and read. May- or Pregler moved that the notice of claim be referred to the City, Communication of In sura nc e Company of North America advis- ing of City's liability in the damage claim of Linda Dewey relative to the Joss of a violin and requesting settlement of the claim, presented and read. Mayor Pregler moved that the communication be re- ferred to the City Solicitor for in- vestigation and report. Seconded by Councilman Meyers. Carried by the fOJlowing vote: Yeas-Mayor PregJer, Council- men Couchman, Meyers, McCaUley, Scbultz. Nays-None. Petition of Dubuque Arts Coun- cil Committee on Cultural Affairs for Young People requesting per- mission to conduct a tag day on May 3" 1969, presented and read. Mayor Pregler moved that the petition be referred to the City Manager. Seconded by Councilman Meyers. Carried by the following vote: Yeas-Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays-None. Petition of PeopJes Natural Gas Co. requesting permission to ex- cavate at 665 Dodge Street, pre- sented and read. Councilman Mey- ers moved that the petition be JJJP" . 158 Special Session, April 14, 1969 granted. Seconded by Councilman Couchman. Carried by the follow- ing yote: Yeas-Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays-None- Petition of Delos A. Dorweiler, requesting a refund of $55.00 on a building permit issued to con- struct an apartment building which has failed to materialize due to ill health, presented and read. Councilman Schultz moved that the refund be granted and the Auditor instructed to issue proper warrant. Seconded by Councilman McCauley. Carried by the follow- ing vote: Yeas-Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays-None. Petition of Bradley leon Works lnc. requesting an easement aCross the east 25' of Marshall Street I abutting their west property line and submitting plat, presented and read. Councilman Meyers moved that the petition be referred to the Manager and Staff and the Planning & Zoning Commission. Seconded by Mayor Pregler. Car- ried by the following yote: Yeas-Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays-None. Petition of Bradley leon Works requesting an easement across the Wly. 25' of Lot 2 of Block 16 in River Front Sub. No.3 to con- struct a spur line into their prop- erty, presented and read. Council- man Meyers moved that the peti- tion be referred to the Manager and Staff and the Planning & Zon- ing Commission. Seconded by May- or Pregler. Carried by the follow- ing yote: Yeas-Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays-None. Petition of Curtis-Straub Co. re- questing permission to excavate in Terminal Street at the Iowa Oil Co., presented and read. Mayor Pregler moved that the petition be approyed subject to approYal of the City Engineer. Seconded by Councilman McCauley. Carried by the following vote: Yeas-Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays-None. Proof of Publication, certified to by the Publisher, of notice of hearing on estimate of levy for airport bond tax of the City of Dubuque, Iowa, presented and read. No written objections were filed and no oral objectors were present at the time set for the public hearing. Councilman Meyers moved that the proof of publication be re- ceived and filed. Seconded by Councilman Couchman. Carried by the following vote: Yeas-Mayor Pregler, Council- men Couchman, Meyers, McCauley. Nays-Councilman Schultz. RESOLUTION NO. 92-69 RESOLUTION APPROVING ESTIMATE OF LEVY WHEREAS, in the manner pro- vided by law, notice has been giv- en on the estimate of levy of the Airport Tax for the purpose of paying Airport Bonds in the amount of $125,000.00, and said hearing has been' held and no objections made to the levy of said tax: NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That said Estimate of Levy is hereby approyed and adopted as the estimate of levy of said tax. Passed and approved, this 14th day of April, 1~69. Walter A. Pregler Mayor Attest: Leo F. Frommelt Clerk Councilman Couchman m 0 v e d adoption of the resolution. Sec- onded by Councilman Meyers. Car- ried by the following yote: Yeas-Mayor Pregler, Council- men Couchman, Meyers, McCauley. Nays-Councilman Schultz. Special Session, April 14, 1969 159 RESOLUTION NO. 93-69 annually thereafter on the 1st day Resolution authorizing the issu. of June and December in each once of Airport Bonds in the year until they are all paid; that principal amount of $125,000.00 said bonds be signed by the Mayor and levying a tax to pay the and attested by the Clerk with the same seal of said Municipality affixed, WHEREAS, the City of Du- :~~O::d c;;'~~~:~ t::t ~~~~~ti~~ buque, Iowa, sometimes herem- said bonds be evidenced by cou- after referred to as the M~clpaJ- pons thereto attached and matur- Ity, h~s heretofore established a ing on the several days when such Mumc~paJ AIrport pursuant to the interest matures; such interest cou- proVlSIons of Chapter 330, Code of pons to be executed with either Iowa, 1966: and the CouncI~ of the original or the facsimile signa- saId MunlClpahty has deter~med ture of the CJerk; that principal that It IS necessary and advlsabJe and interest be payable at the to equIp, Improve .and enlarge the office of the Treasurer in the Mu- heretofore .establIsbed ~ubuque nicipality of Dubuque, Iowa; that MunlClpal Airport, by the mstalla- said bonds be numbered from 1 tion of an instrument landing sys- to 25, both numbers incJusive, and tem mcJudmg acqUIsItion of ~he be in the denomination of $5,000.- necessary land, sIte preparatIOn 00 each. Said bonds shall mature and easements, at a cost of not as follows' less than $125,000.00, a part of . which is to be financed by the Bond No. Amount issuance of g e n era J obligation 1 to 5, both incl. $25,000.00 ~onds as ~uth~~lZe~/~0;~de1~: 6 to 10, " " $25,000.00 ~;~ 330.1 , C e " 11 to 15, " " $25,000.00 16 to 20 " " $2500000 WHEREAS, notices have been 21 to 25' " " $25'000'00 published and hearings have been , , . heJd as required by law on the Maturity Date issuance of said bonds and the December 1 1970 levy of a tax to pay the same, and , no objections or protests to the December I, 1971 issuance of said bonds or the levy December 1, 1972 of said taxes have been made nor December 1, 1973 has there been a petition filed December 1 1974 with the Clerk by qualified elec- , tors of the Municipality req]lest- Section 2. That upon presenta- ing that the question of the is- tion at the office of the Treasurer suance of said bonds be submitted of the Municipality of any of said to the voters of the Municipality. bonds, same may be registered as NOW, THEREFORE, BE IT RE- ~':.:.~n~~~h:nb::s ':n~s c;,tffi:~ SOLVED BY THE CITY COUN- such registration to be noted on CIL OF THE CITY OF DUBUQUE, the reverse side of the bonds by IOWA: the City Treasurer, andlhereafter Section 1. That Airport Bonds the principal of such registered of said Municipality in the prin- bonds shall be payable only to cipal amount of $125,000.00 be the registered holder,. his legal issued in anticipation of the col- representatives or aSSIgns- Such lection of the Airport Bond Tax registered bonds shall be transfer- hereinafter levied, pursuant to the able to another registered .holder, provisions of Code Chapter 330, or back to bearer, only upon 'pres- Code of Iowa, 1966; that they be entation to said City Treasurer 25 in number, dated March 1, 1969; 'th I al' t duly bonds numbered 1 to 5, both in- WI a eg aSSIgnmen . aC- elusive, shall bear interest at the knowledged or proved. Reg¡stra. rate of 5% per annum and bonds tion of any such bonds shall not numbered 6 to 25, inclusive, shall affect the negotiability of the cou- bear interest at the rate of 4.40% pons thereto attached, _but such ~;~a~~:~,,::~¡e P;';?r:::,:~h~~~ coupons shall be transferable ,I¡y of,payable June 1, 1969, and semi- delivery merelY. , 160 Special Session, April 14, 1969 Section 3. Said bonds shall be of the State of Iowa, to be done in form substantially as follows: precedent to the lawful issue of (FORM OF BOND) this bond have been performed as UNITED STATES OF AMERlCA required by law, and that the STATE OF IOWA total indebtedness of said City, COUNTY OF DUBUQUE including this bond, does not ex- CITY OF DUBUQUE ceed the constitutional or statutory AIRPORT BOND limitations. No. ........ $5,000.00 IN TESTIMONY WHEREOF, The City of Dubuque, in the said City by its Conncil, has caused State of Iowa, for value received, this bond to be sIgned by ItS Ma~or promises to pay to bearer FIVE and attested b~ ItS cIty Clerk with THOUSAND DOLLARS, I a w f u I the seal of saId City affIxed thIs money of the United States of 1st day of March, 1969. America, on the 1st day of Decem- ber, 19...., with interest on said sum from the date hereof until paid, at the rate of ........% per annum, payable June 1, 1969, and semiannually thereafter on the 1st day of June and December in each year, on presentation and surren- der of the interest coupons hereto attached; both principal and in- terest payable at the office of the City Treasurer of the City of Du- buque, Iowa. This bond is issued by the City of Dubuque, Iowa, for the purpose of defraying a part of the cost of equipping, improving and enlarg- ing the heretofore established Du- buque Municipal Airport, by the installation of an instrument land- ing system including acquisition of the necessary land, site prep- aration and easements, pursuant to I the provisions of Chapter 330, Code of Iowa, 1966, and in con- formity to a resolution of the City Council of said City duly passed. This bond is fully negotiable but may be registered as to prin- cipal only in the name of the holder on the books of said City in the office of the City Treasurer, such registration to be endorsed by notation on the back hereof by the Treasurer, after which no transfer shall be valid unless made on said books and similarly noted hereon, but it may be discharged from said registration by being transferred to bearer, after which it shall be transferable by delivery but it may again be registered as before. The registration of this bond as to principal shall not restrain the negotiability of the coupons by delivery merely. And it is hereby represented and certified, that all acts, condi- tions and things requisite accord- ing to the laws and constitution .......................................................... Mayor Attest: ......................."......................... City Clerk (FORM OF COUPON) DUBUQUE IOWA No. ........ $........ The Treasurer of the City of Dubuque, Iowa, will pay to bearer $........ on the 1st day of ........".., 19...., at his office in the City of Dubuque, Iowa, for .... months in- terest on its Airport Bond, dated March 1, 1969, No. ......... .......................................................... City Clerk of Dubuque, Iowa On the back of each bond there shall be endorsed a certificate of the City Treasurer in the follow- ing form: (FORM OF CITY TREASURER'S CERTIFICATE) This bond has been duly and properly registered in my office as of the 1st day of March, 1969. City Treasurer of Dubuque, Iowa There shall also be printed on the back of the bonds the follow- ing form of registration: REGISTRATION OF OWNERSHIP Date of Registration 161 Special Session, April 14, 1969 1n Whose Name Registered when the proceeds of said tax on hand shall be insufficient to pay the same, shall be promptly paid when due from current funds of said Municipality available for that purpose, and reimbursement shall be made from such special fund in the amounts thus ad- vanced. Section 8. That this resolution constitutes a contract between said Municipality and the pur- chaser of the bonds; that when said bonds have been executed as aforesaid, they shall be delivered to the Treasurer of said Municipal- ity who shall register the same in a book provided for that purpose and shall thereupon deliver said honds to the purchaser thereof, as directed by the Council upon receipt of the purchase price, the same to be not less than the par value of said bonds with accrued interest thereon. Section 9. That a certified copy of this resolution be filed with the County Auditor of Dubuque County, Iowa, and that said Audi- tor be and he is hereby instructed in and for each of the years 1969 to 1973, both years inclusive, to levy and assess the tax hereby authorized in Section 4 of this resolution, in like maner as other taxes are levied and assessed; and that such taxes so levied in and for each of the years aforesaid be collected in like manner as other taxes of said Municipality are collected, and when collected be used for the purpose of paying principal and interest on said bonds issued in anticipation of said tax, and for no other purpose whatsoever. Section 10. That there be print- ed on the back of each bond here- in authorized to be issued, a copy of the legal opinion of Ahlers, Cooney, Dorweiler, Allbee & Hay- nie, Attorneys, of Des Moines, Iowa, under the certificate of the Clerk certifying the same as being a true copy thereof, said certifi- cate to bear the facsimile signa- ture of said Clerk. Passed and approved, this 14th day of April, 1969. Walter A. Pregler Mayor Signature of City Treasurer Section 4. That there be and there is hereby levied the follow- ing direct Airport tax on all of the taxable property within the Municipality of Dubuque, Iowa, to- wit: Year of Amount Year of Levy Expenditure 1969 $34,888.00 1970 1970 $29,400.00 1971 1971 $28,300.00 1972 1972 $27,200.00 1973 1973 $26,100.00 1974 Section 5. That said tax shall be collected each year at the same time and in the same manner as, and in addition to, all other taxes in and for said Municipality, and when collected they shall be con- verted into a fund to be known as the "AIRPORT BOND FUND 1969", which is hereby pledged for, and shall be used only for the payment of the principal and in- terest of the bonds hereinbefore authorized to be issued; and also there shall be apportioned to said fund its proportion of taxes re- ceived by the Municipality from railway, express, telephone and telephone companies and other taxes assessed by the Iowa State Department of Revenue. Section 6. All moneys held in the "AIRPORT BOND FUND 1969" provided for by Section 5 of this Resolution shall be deposited in banks which are members of the Federal Deposit lnsurance Corpo- ration and the deposits in which are insured thereby, and all such deposits exceeding $15,000.00 in anyone bank shall be continuous- ly secured by a valid pledge of direct obligations of the United S tat e s Goverument having an equivalent market value. Section 7. That interest and principal coming due at any time Attest: Leo F. Frommelt Clerk - Special Session, April 14, 1969 'Councilman Meyers moved adop- '!Ion of the resolution. Seconded by' Councilman McCauley. Carried by the following yote: Yeas - Mayor Pregler, Council- men Couchman, Meyers, McCauley. Nays--Councilman Schult2. April 10, 1969 Honorable Mayor and Council Members Gentlemen: The City Planning and Zoning 'Commission has, reviewed a final plat of Block 1, Block 2 and Block 3 in Mettel-Byrne Addition. The Commission has found that this plat conforms to the proposed plat for this area and meets the minimum requirements for the Subdivision Regnlations. It is the recommendation of the Commis- sion that this plat be approved. Respectfully submitted, PLANNING AND ZONING COMMISSION Don Gilson. Director Councilman Meyers moved ap- proval of the recommendation. Seconded by Councilman Couch- man. Carried by the following vote: , Yeas - Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays-None. RESOLUTION NO. 94-69 , RelOløtlon ApproYing the Plat of Block 1, Block 2 and Block 3 in Mettel.Byrne Addition In the City of Dubuque, Iowa. WHEREAS, there has been filed with. the City Clerk a plat of the Subdivision to be known as Block 1, Block :I and Block 3 in Mettel- Byrne Addition in the City of Du- buque, Iowa, by Mettel Realty & Inveslmeftt Co.; and WHEREAS, upon said plat ap- pear streets to be known as Rose- mont Street, Creston Street and the north one-half of Pennsylvania Avenue, together with certain pub- lic utility easements which the Owners by said plat haye dedicat- ed to the public forever; and WHEREAS, said plat has been examined by the City Planning and Zoning Commission and had its approval endorsed thereon; and -- WHEREAS, said plat has been examined by the City Council and they find that the same conforms to statutes and ordinances relating thereto, except that street grades have not been established, the streets brought to grade, or pav- ing, sewer or water installed; NOW THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa: Section 1. That the dedications of Rosemont Street, Creston Street and the north one-half of Pennsyl- vania Avenue, together with the easements for public utilities as the same appear upon said plat, be and the same are hereby ac- cepted; Section 2. That the plat of Block 1, Bloek 2 and Block 3 in Mettel- Byrne Addition in the City of Du- buque, Iowa, be and the same is hereby approved and the Mayor and City Clerk are hereby author- ized and directed to endorse the approval of the City of Dubuque, Iowa, upon said plat, provided the owners of said property herein named, execute their written aC- ceptance hereto attached agreeing: (with the exception of the north one-half of Pennsylvania Avenue). a. To reduce all streets to grade and to construct concrete curb and gntter and to hard surface Rosemont Street and Creston Street with bituminous con- crete, or with concrete paving with integral curb, all in ac- cordance with City of Dubuque standard specifications; b. To install sanitary sewer mains and sewer service laterals in accordance with plans sub- mitted with the plat; c. To install water mains and wa- ter service laterals in accord- ance with plans submitted with the plat; d. To install storm sewers and catchbasins in accordance with plans submitted with the plat; e. To install concrete sidewalks as required by Ordinances, and where directed by the City En- gineer and the City Manager; f. To construct the foregoing im- provements in accordance with plans and specifications ap- proved by the City Manager, under the inspection of the City Engineer, and in a manner Special Session, April 14, 1969 approved by the City Manager; g. To maintain the foregoing im- provements for a period of four (4) years from the date of their acceptance by the City of Dubuque, Iowa; h. To provide the foregoing con- struction and maintenance at the sole expense of the Subdi- vider, Mettel Realty & lnvest- ment Co., as owner; i. To construct said improvements, except sidewalks, prior to April 1, 1971, and to construct the sidewalks prior to April 1, 1973; j. To pay special assessments on Pennsylvania Avenue for curb and gutter, street and water when installed by City of Du- buque and to provide side- walks when required to do so. and further provided that said Mettel Realty & Inveslment Co., as owner of said Subdivision, se- cure the performance of the fore- going conditions by providing se- curity in such form and with such sureties as may be acceptable to the City Manager. Section 3. That in the event Met- tel Realty & lnvestment Co. shall fail to execute the acceptance and furnish the security provided for in Section 2 hereof within 45 days after the date of this Resolution, the provisions hereof shall be null and void and the acceptance of the dedication and approval of the plat shall not be effective. Passed, adopted and approved by unanimous recorded roll call this 14th day of April, A.D., 1969. Walter A. Pregler Mayor Sylvester McCauley Merlin F. Schult2 Donald R. Meyers, Gaylord M. Couchman I Councilmen Attest: Leo F. Frommelt City Clerk ACCEPTANCE OF RESOLUTION NO. 94-69 We, the undersigned C. E. Met- tel, President, and A. J. Mihm, Sec.-Treas. of Mettel Realty & Investment Co., having read the terms and conditions of the fore- going Resolution No. 94-69 and be- ing familiar with the conditions thereof, hereby accept the same 163 and agree to perform the condi- tions required therein. Dated at Dubuque, Iowa, this 30th day of April, 1969. Isl C. E. Mettel President Isl A. J. Mihm Sec.-Treas. To: Leo F. Frommelt City Clerk This is to certify that the secur- ity provided by the foregoing RESOLUTION NO. 94-69 has been furnished by the owners. Dated at Dubuque, Iowa, this 30th day of April, 1969. Gilbert D. Chavenelle City Manager Council Meyers moved approval of the resolution subject to provi- sion of curb & gntter and side- walk inclusion. Seconded by Coun- cilman Couchman. Carried by the following Yote: Yeas - Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays-None. Dubuque Planning and Zoning Commission, Dubuqua, Iowa April 8, 1969 Mr. Gilbert Chavenelle, City Manager. Dear Mr. Chavenelle-The Plan- ning and Zoning Commission has reviewed the site location, build- ing plans and specifications for the Central Fire Headquarters, to be located at 9th Street and Cen- tral Avenue. We find the location and plans to be in keeping with the standards for good planning for the City of Dubuque and herewith give our unanimous approval. Sincerely yours, Thomas M. Flynn, Vice Chm. Councilman McCauley moved that the communication be re- ceived and filed. Seconded by Ma- yor Pregler. Carried by the fol- lowing vote: Yeas-Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays-None. Gommunication of. Durrant-Dein- inger-Dommer-Kramer & Gordon Architects, submitting construc- tion documents for the construe- 164 Special Session, April 14, 1969 tlon of the Dubuque Fire Head- quarters to be built at 9th & Cen- tral Avenue, presented and read. Councilman Couchman moved that the communication be received and filed. Seconded by Mayor Pregler. Carried by the following vote: Yeas - Mayor Pregler, Coun- cilmen Couchman, Meyers, McCau- ley, Schultz. Nays-None. RESOLUTION NO. 95-69 Preliminary Estimate and ap- proval of proposed plans, specifi- cations, form of contract, and all other documents for the construc- tin of Firepartment Headquarters building at Ninth and Central Ave- nue at an estimated cost of $578,- 076.00, presented and read. Mayor Pregler moved adoption of the resolution. Seconded by Councilman Couchman. Carried by the following vote: Yeas - Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays-None. RESOLUTION NO. 96-69 Resolution proYiding for notice of hearing on proposed plens, specificetions and form of con- tract for the erection and con. struction of a fire department headquarters b u i I din g to be located at Ninth and Central Ayenue in the City of Dubuque, lowe for the City of Dubuque, Iowa. WHEREAS, the City of Du- buque, Iowa proposes to erect and construct a fire department head- quarters building to be located at Ninth Street and Central Avenue in the City of Dubuque, Iowa for the City of Dubuque, Iowa; and WHEREAS, the City of Du- buque, Iowa has caused plans and specifications to be prepared for the construction and erection of said fire department headquarters building for the City of Dubuque, Iowa, which plans and specifica- tions have been prepared by Dur- rant - Deininger-Dommer-Kramer- Gordon, architects-engineers, and which plans and specifications are dated April 14, 1969 and that the total estimated costs thereof is in the amount of $578,076.00; and WHEREAS, it is necessary to fix a time and place of hearing on said proposed plans and spec- ifications and form of contract and to give notice thereof. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the plans and specification and form of contract referred to in the preamble hereof be and the same are hereby adopt- ed subject to notice of hearing hereinafter provided and the 5th day of May, 1969 at 7:30 o'clock P.M., (Daylight Saving Time) at the Council Chambers in the City Hall of the City of Dubuque, Iowa, is hereby fixed as the time and place of hearing on said proposed plans, specifications and form of contract for the construction and erection of a fire department head- quarters building to be located at Ninth Street and Central Avenue, in the City of Dubuque, Iowa for the City of Dubuque, Iowa. Section 2. That the City Clerk is hereby authorized and direct- ed to give notice of hearing on said proposed plans, specifications and form of contract by publica- tion of such notice at least once, not less than ten (10) days prior to date fixed for said hearing in the "Telegraph-Herald", a news- paper published in the City of Dubuque and having a general circulation in said city. Said no- tice shall be substantially in the following form: Notice of public hearing on proposed plans, specifications, and proposed form of con- tract, covering the erection and construction of a fire de- partment headquarters build- ing at Ninth Street and Cen- tral Avenue in the City of Dubuque, Iowa, for the City of Dubuque, Iowa. PUBLIC NOTICE 11 is hereby given that the City Council of the City of Dubuque, Iowa will meet on the 5th day of May, 1969 at the Council Chamber in the City Hall of Dubuque, Iowa at 7:30 o'clock P.M. Central Daylight Sav- ing Time for the purpose of con- ducting a public hearing on the proposed plans, specifications and form of contract for the erection and construction of a fire depart- ment headquarters building to be located at Ninth Street and Cen- tral Avenue in the City of Du- Special Session, April 14, 1969 buque, Iowa for the City of Du- buque, Iowa. The proposed plans, specifications and form of contract have been prepared by Durrant- Deininger-Dommer -Kramer-Gordon, architects-engineers, and are now on file in the office of the City Clerk in the City Hall, Dubuque, Iowa. The project consists gen- erally of a Central Fire Headquar- ters building with Civil Defense Center and Central Fire AJarm system; the station has a one story apparatus floor for fire trucks and a three story section with sleeping quarters, locker rooms, offices, liv- ing quarters and a community meeting room. The total estimated costs thereof is in the amount of $578,076.00. At such hearing any interested person may appear and file objec- tions to the proposed plans, spec- ifications and form of contract or the cost of such improvements. BY ORDER OF THE CITY I COUNCIL, dated the 14th day of April, 1969. Leo F. Frommelt, City Clerk Section 3. That all resolutions Or parts thereof in conflict herewith be and the same are hereby re- pealed and this resolution shall be effective forthwith upon pas- sage and approval. Passed, approved and adopted this 14th day of April, 1969. WaJter A. Pregler Mayor Sylvester McCauley Merlin F. Schultz Donald R. Meyers GayJord M. Couchman Councilmen Attest: Leo F. FrommeJt City Clerk Mayor Pregler moved adoption of the resolution. Seconded by Councilman McCauley. Carried by the following vote: Yeas-Mayor Pregler, Council- men Couchman, Meyers, McCauJey, Schultz. Nays-None. RESOLUTION NO. 97-69 Resolution providing for the tak. ing of bids for the erection and construction of a fire depart. ment headquarters building at Ninth Street and Central Ave- nue in the City of Dubuque, 165 Iowa for the City of Dubuque, Iowa. WHEREAS, it is necessary and advisable in order to promote and protect the public safety that a fire de part men t headquarters building to be located at Ninth Street and Central Avenue in the City of Dubuque, Iowa be erected and constructed; and WHEREAS, proposed p I a n s, specifications and form of con- tract for said fire department headquarters building to be lo- cated at Ninth Street and Central Avenue in the City of Dubuque, Iowa have been prepared by Dur- rant - Deininger-Dommer-Kramer- Gordon, architects-engineers, and are now on file in the office of the City Clerk and it is necessary to fix a time and place of taking bids for the construction and erec- tion of said improvement. NOW THEREFORE BE IT AND IT IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA AS FOLLOWS: Section I. That on the 15th day of May, 1969 at 10:30 o'clock A.M., Central Daylight Saving Time at the office of the City Clerk in the City Hall in the City of Dubuque, Iowa is hereby fixed as the time and place of taking bids for the construction and erection of the said fire department headquarters building to be located at Ninth Street and Central Avenue in the City of Dubuque, Iowa. Section 2. That the Mayor and City Clerk are hereby authorized and directed to give notice of the taking of said bids by publication of such notice once each week for at least two consecutive weeks in "The TeJegraph-HeraJd", a news- paper published in the City of Dubuque, Iowa and having a gen- eral circulation in said city, the first of which publication in said newspaper shall be at least fifteen (15) days prior to the date fixed for receipt of bids. Said notice shall be substantially in the fol- lowing form: NOTICE OF TAKING BIDS FOR THE CONSTRUCTION AND EREC- TION OF THE FIRE DEPART- MENT HEADQUARTERS BUILD. ING TO BE LOCATED AT NINTH STREET AND CENTRAL AVE- NUE IN THE CITY OF DUBUQUE, Iii 'II III Special Sessron, April 14, 1969 187 the return of the plans and spec- Iowa, that the following applica- ifications, transportation prepaid, tions be granted and licenses be in good condition, within ten (10) issued upon the compliance with days after the opening of the bids. the terms of the ordinances of the By virtue of statutory authority City. a preference wi!l. be given to CLASS "B" BEER PERMIT products and provISIons grown and coal produced within the State of Raymond Ney, 2186 Central Ave- Iowa, and to Iowa domestic labor. nue No bid may b~ withdrawn within CLASS "C" BEER PERMIT a penod of thirty (30) days from . and after the date fixed for open- E. J. McNamara, 1046-1050 Umver- ing bids. sIty Ave. The City reserves the right to Passed, adopted ~nd approved reject any or all proposals and this 14th day of Apnl, 1969. the contract will be awarded to Walter A. Pregler the lowest responsible bidder. Mayor Published upon order of the Sylvester McCauley City Council, City of Dubuque, Merlin F. Schultz Iowa. Donald R. Meyers Walter A. Pregler Gaylord M. Couchman Mayor Councilmen Attest: Attest: Leo F. Frommelt Leo F. Frommelt City Clerk City Clerk Section 3. That all provisions. Councilman Meye,:, moved adop- set out in said proposed form of lion of the resolution. Seconded notice are hereby recognized and by Ma.yor Pregler. Carried by the prescribed by this City Council followmg vote: and that all resolutions or orders Yeas-Mayor Pregler, Council- or parts thereof to the extent that men Couchman, Meyers, McCauley, same may be in conflict herewith Schultz. are hereby repealed. Nays-None. Passed, approved and adopted this 14th day of April, 1969. RESOLUTION NO. 99-49 Walter A. Pregler WHEREAS, applications for Mayor Beer Permits were filed by the Sylvester McCauley within named applicants and they Merlin F. Schultz have ~eceived the approval of this Donald R. Meyers Council; and Gaylord M. Couchman WHEREAS, the premises to be Councilmen occupied by such applicants were Attest: inspected and found to comply Leo F. Frommelt with the ordinances of this City City Clerk and they have filed proper bonds: Councilman McCauley m 0 Y e d NOW THEREFORE, BE IT. RE- adoption of the resolution Sec- SOL~ by the CIty CouncIl of . . the CIty of Dubuque, Iowa, that o!,ded by CouncIlman Meyers. Car- the Manager be and he is hereby ned by the followmg vote: . directed to issue to the following Yeas-Mayor Pregler, Councll- named applicants a Beer Permit. men Couchman, Meyers, McCauley, Schultz. CLASS "B" BEER PERMIT Nays-None. Raymond Ney, 2186 Central Aye- nue RESOLUTION NO. 98-69 WHEREAS, applications for Beer Permits have been submitted to this Council for approval and the Same have been examined: NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Dubuque, Special Session, April 14, 1969 166 on hand and from the proceeds of the sale of general obligation bonds of the City of Dubuque, Iowa, and monthly estimates will be paid to the contractor as the work progresses in amounts equal to ninety (900/,) percent of the contract value of the work com- pleted during the preceeding cal- endar month including the value of materials suitably stored on premises up to the first day of that month as estimated by the engineer. Such monthly payments shall in no way be construed as an act of acceptance for any part of the work partially or totally completed. Final payment of the remaining ten (10%) percent due the contractor will be made not earlier than thirty-one (31) days from the final acceptance of the work by the City, subject to the conditions and in accordance with the provisions of Chapter 573 of the Code of Iowa, 1966. The successful bidder will be required to furnish a Performance Bond in an amount equal to one hundred (100%) percent of the contract price, said bond to be issued by a responsible surety ap- proved by the City Council and shall guarantee the faithful per- formance of the contract and the terms and conditions therein con- tained, and shall also guarantee the work performed and materials furnished against defects in ma- terials furnished against defects in materials or workmanship for a period of one (1) year from the date of final aCceptance of the work by the City. The construction work shall be commenced within ten (10) days after the execution of the contract and shall be fully completed on or before the 15th day of April, 1970, subject to any extensions of time which may be granted by the City Council. Copies of the plans and spec- ifications and proposal forms may be obtained at the office of the City Engineer, in the City Hall of Dubuque, Iowa, or at the office of Durrant - Deininger-Dommer-Kra- mer-Gordon, 1122 Rockdale Road, Dubuque, Iowa, on deposit of the sum of Twenty-Five ($25.00) Dol- lars for each set of plans and specifications. The full amount of the deposit will be refunded upon IOWA FOR THE CITY OF DU- BUQUE, IOWA. I PUBLIC NOTICE. It is hereby giyen that sealed proposals endors- ed Fire Department Headquarters building will be received by the City of Dubuque, Iowa at the office of the City Clerk in the City Hall, Dubuque, Iowa until 10:30 o'clock A.M., Central Daylight Savings time on the 15th day of May, 1969 for furnishing all the necessary materials, equipment, superinten- dents and labor for the construc- I tion and erection of the fire de- partment headquarters building to be located at Ninth Street and Central Avenue in the City of Dubuque, Iowa, aceording to the plans and specifications therefor prepared by Durrant-Deininger- Dommer-Kramer-G 0 r don, archi. teets-engineers, 1122 Roc k d a I e Road, Dubuque, Iowa 52001, and now on file in the office of the City Clerk. The project consists generallY of the following: cen- tral fire headquarters building I with Civil Defense Center and cen- tral fire alarm system; the station has a one story apparatus floor for fire trucks and a three story sec- tion with sleeping quarters, locker rooms, offices, living quarters and a community meeting room, all as shown in the plans and specüica- tions hereinabove referred to. Each proposal shall be made on the form furnished by the City as part of the specifications, shall be addressed to the City of Du- I buque, c/o Leo F. Frommelt, City Clerk, City Hall, Dubuque, Iowa and must be accompanied in a separate enyelope with a certified check drawn on a solyent Iowa bank payable to the order of the City of Dubuque, Iowa or a de- posit of money in an amount equal to at least ten (10%) percent of the amount of the proposal. If the succesSful bidder fails to enter into a contract with, the City of I Dubuque, Iowa for said work or falls to furnish a satisfactory per- formance bond, or fails to file the necessary insurance as required by the specifications within ten days after notification of the award, the check may be cashed or deposit money forfeited as liq- uidated damages and not as a penalty. Payment to the contractor will be made from accumulated cash CLASS "C" BEER PERMIT E. J. McNamara, 1046-1050 Univer. sity AYe. BE IT FURTHER RESOLVED that the bonds filed by such ap- plicants be and the same are hereby approved. 168 Special Session, April 14, 1969 Passed, adopted and approved this 14th day of April, 1969. Walter A. Pregler Mayor Sylvester McCauley Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Councilman Meyers moyed adop- tion of the resolution. Seconded by Mayor Pregler. Carried by the following yote: Yeas-Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays-None. RESOLUTION NO. 100-69 WHEREAS, applications for Liq- uor Permits have been submitted to this Council for approval and the same have been examined, NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the foil ow in g applications be granted and licenses issued upon the compliance with the terms of the lOW A LIQUOR CONTROL ACT-CHAPTER 123-as amended by the 60th General Assembly, 1963. CLASS "C" COMMERCIAL ESTABLISHMENT Raymond Ney, 2186 Central Ave- nue Passed, adopted and approved this 14th day of April, 1969. Walter A. Pregler Mayor Sylvester McCauley Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Councilman Meyers moved adop- tion of the resolution. Seconded by Councilman Couchman. Carried by the following vote: Yeas-Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays-None. RESOLUTION NO. 101-69 WHEREAS, applications for Liq- uor Permits were filed by the within named applicants and they have received the approval of this Council, and WHEREAS, the premises to be occupied by such applicants were inspected and found to comply with the State Law and all City ordinances relevant thereto and they have filed proper bonds; NOW THEREFORE BE IT RE- SOLVED by the City Council of Dubuque, Iowa, that the Manager be authorized to cause to be is- sued to the following named ap- plicants a Liquor Permit. CLASS "C" COMMERCIAL ESTABLISHMENT Raymond Ney, 2186 Central Ave- nue Passed, adopted and approved this 14th day of April, 1969. Walter A. Pregler Mayor Sylvester McCauley Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Mayor Pregler moved adoption of the resolution. Seconded by Councilman Schultz. Carried by the following vote: Yeas-Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays-None. Mr. Joseph Ragatz, exalted ruler of the Elks Club, presented a petition requesting permission to build a canopy over the sidewalk on the Locust Street side of the club. Councilman Couchman moved that the petition be referred to the City Manager and staff. Sec- onded by Mayor Pregler. Carried by the following vote: Yeas-Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays-None. There being no further business Councilman McCauley moved to adjourn. Seconded by Councilman Special Session, April 14, 1969 Carried by the follow- Couchman. ing vote: Yeas-Mayor Pregler, Council- men Couchman. Meyers, McCauley, Schultz. Nays-None. Leo F. Frommelt City Clerk 169 Approved ....................................1969. Adopted ......................................1969. ""ëöÜÏiciìiïieiï Attest: """"""""""""ciïŸ"ëï~~k"" ~- . 170 Special Session, April 18, 1969 CITY COUNCIL OFFICIAL Speciel Session, April 18, 1969. Council met et 4:30 P.M. (C.S.T.) Present-Mayor Pregler, Coun- cilmen Couchmen. Meyers, Schull%. City Maneger Gilbert D. Cheven- eile. Absent-Councilmen McCauley. Mayor Pregler read the call and stated that service thereof had been duly made and this meeting is called for the purpose of euthor- izing e declaretion of emergency and that the mayor be authorized to goyem the city by proclamation during such state of emergency and acting upon such other bus- iness as may properly come before a regular meeting of the City Council. April 18, 1969 To the Honorable Mayor and City Council Gentlemen: The 1969 Emergency Flood Con- trol plan was put into full opera- tion, Wednesday, April 16th. Con- struction of the main dikes, started April 1st, haye been completed. Secondary dikes are being con- structed. Pumps haye been in- stalled and are in operation. Vol- unteer sandbaggers started work Thursday, April 17th. Letters have been sent to the Iowa National Guard and the U.S. Coast Guard requesting their as- sistance beginning at 4:00 P.M., Friday, April 18th. The city staff has been assigned to shifts cover- ing the 24 hour day. The U.S. Corps of Engineers I haye committed to emergency dike construction and pumping approx- imately $230,000. The city, as of April 16th, has committed about $32,000. I estimate the total cost of the 1969 flood to be $550,000 without considering damage costs. Of this amount, about $320,000 will be the obligation of the city. I will use eyery ayailable means to finance this obligation. For the present, arrangements have been made to "stamp" warrants as evi- dence of indebtedness. - - - - I request your consideration of:- I) A resolution authorizing the city manager to make appli- cation for Federal disaster assistance. 2) A resolution authorizing the city manager to represent the city in coordination with State officials. 3) A resolution authorizing the city manager to incur city indebtedness for emergency flood protection. 4) A resolution authorizing the Mayor's Proclamation of Emergency. I am enclosing for your informa- tion a copy of the 1969 Emergen- cy Flood Protection Plan and an estimate of the 1969 Flood Ex- pense. Respectfully, Gilbert D. Chavenelle City Manager Mayor Pregler moved that the communication be received and filed. Seconded by Councilman Schultz. Carried by the following vote: Yeas-Mayor Pregler, Council- men Couchman, Meyers, Schultz. Nays-None. Absent-Councilman McCauley. RESOLUTION NO. 102-69 WHEREAS, the flood waters of the Mississippi Riyer threaten to wreak damage upon persons and property in the City of Dubuque, Iowa during April 1969; and WHEREAS, the City of Du- buque, Iowa is undertaking by emergency action to protect the inhabitants of the City of Du- buque, Iowa from such damage; and WHEREAS, the State Civil De- fense Division has been assigned the responsibility for disaster re- lief coordination. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF DUBUQUE, IOWA: Section 1. That Gilbert D. Chav- enelle, City Manager, be and he is hereby authorized to represent and act for the City of Dubuque, Iowa in matters of disaster relief undertaken with officials of the State of Iowa. Special Session, April Passed, adopted and approved this 18th of April 1969. Walter A. Pregler Mayor Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen 171 18, 1969 Attest: Leo F. Frommelt City Clerk Councilman Couchman moved adoption of the resolution. Second- ed by Councilman Meyers. Carried by the following vote: Yeas-Mayor Pregler, Council- men Couchman, Meyers, Schultz. Nays-None. Absent-Councilman McCauley. RESOLUTION NO. 103-69 BE IT RESOLVED BY THE CITY COUNCIL OF DUBUQUE, IOWA, THAT Gilbert D. Chaye- nelle, City Manager, be and he is hereby authorized to execute for and in behalf of the City of Dubuque, a public entity estab- lished under the laws of the State of Iowa, this application and to I file it in the appropriate State office for the purpose of obtaining certain Federal financial assistance under the Federal Disaster Act (Public Law 875, 81st Congress; 42 U.S.C. 1855-1855g). Passed and approYed this 18th day of April, 1969. Walter A. Pregler Mayor Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen emergency action to protect the inhabitants of the City of Du- buque, Iowa from such damage and is incurring indebtedness in connection therewith. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the issuance of warrants of the City of Dubuque for the purpose of evidencing of indebtedness to the yartous cred- itors who furnish labor, material and supplies to the City of Du- buque in connection with the work performed to protect against the flood waters of the Mississippi River in the Spring of 1969 be and the same are hereby ap- proved. Section 2. That the City Manager of the City of Dubuque, Iowa be and is hereby ordered and direct- ed to take any action necessary and within the framework of the law to finance the payment of said indebtedness. Passed, adopted and approved this 18th day of April 1969. Walter A. Pregler Mayor Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Mayor Pregler moved adoption of the resolution. Seconded by Councilman Couchman. Carried by the following vote: Yeas-Mayor Pregler, Council- men Couchman, Meyers, Schultz. Nays-None. Absent--Councilman McCauley. RESOLUTION NO. 104069 WHEREAS, the flood waters of the Mississippi River threaten to wreak damage on persons and property in the City of Dubuque, Iowa during April 1969; and WHEREAS, the City of Dn- buque, Iowa is undertaking by Attest: Leo F. Frommelt City Clerk Councilman Meyers moved adop- tion of the resolution. Seconded by Mayor Pregler. Carried by the following vote: Yeas-Mayor Pregler, Council- men Couchman, Meyers, Schultz. Nays-None. Absent-Councilman McCauley. RESOLUTION NO. 105-69 WHEREAS, it is anticipated that the Mississippi Riyer will inundate certain areas of the City of Du- buque by reason of flood waters of said River; thereby threatening the health, safety and welfare of the inhabitants of the City of Dubuque, Iowa. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Mayor of the City of Dubuque, Iowa be and he is hereby authorized and em_- 172 Special Session, April 18, 1969 ered to declare a state of public I danger or emergency at such time as in his judgment the flood wa- ters of the Mississippi River war- rant such declaration. Section 2. That the Mayor of the City of Dubuque, Iowa be and he is hereby authorized and em- powered to govern the City of Dubuque by Proclamation during such state of public danger or emergency until such time as in the Mayor's judgment such public danger or emergency no longer exists. Passed, approved and adopted this 18th day of April, 1969. Walter A. Pregler Mayor Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Mayor Pregler moved adoption of the resolution. Seconded by Councilman Schultz. Carried by the following vote: Yeas-Mayor Pregler, Council- men Couchman, Meyers, Schultz. Nays-None. Absent-Councilman McCauley. PROCLAMATION of WALTER A. PREGLER Mayor of the City of Dubuque, Iowa WHEREAS, it is anticipated that the Mississippi River will inun- date certain areaS of the City of Dubuque by reason of flood waters of said River, thereby threatening the health, safety and welfare of the inhabitants of the City of Dubuque, Iowa; and WHEREAS, in my judgment as Mayor of the City of Dubuque, Iowa a state of public danger or emergency should be de- clared as a result of the flood waters of the Mississippi Riyer presently threatening the health, safety and welfare of the in- habitants of the City of Du- buque, Iowa. NOW THEREFORE BY VIRTUE OF THE POWERS VESTED IN THE MAYOR BY THE LAWS OF THE STATE OF IOWA AND BY RESOLUTION OF THE C I T Y COUNCIL OF DUBUQUE, IOWA, I, WALTER A. PREGLER, MAYOR OF THE CITY OF DUBUQUE, IOWA, DO HEREBY DECLARE AND PROCLAIM AS FOLLOWS: Section 1. That a state of public danger or emergency, in my judg- ment, exists in the City of Du- buque, Iowa, by reason of the flood waters of the Mississippi River threatening the health, safe- ty and welfare of the inhabitants of the City of Dubuque, Iowa. Section 2. That effective at 6:00 o'clock P.M. on this 18th day of April 1969, Central Standard Time, that the City of Dubuque, Iowa, shall be governed by PROCLAMA- TION of the Mayor during such state of public danger or emer- gency and such goyernment by PROCLAMATION of the Mayor shall continue until such time as in the judgment of the Mayor such public danger or emergency no longer exists. WITNESS WHEREOF I have hereunto affixed my signature and caused the seal of the City of Dubuque to be affixed hereto on this 18th day of April 1969. Walter A. Pregler, Mayor of City of Dubuque, Iowa Attest: Leo F. Frommelt City Clerk Councilman Schultz moved ap- proval of the Proclamation. Sec- onded by Councilman Meyers. Car- ried by the following vote: Yeas-Mayor Pregler, Council- men Couchman, Meyers, Schultz. Nays-None. Absent-Councilman McCauley. RESOLUTION NO. 106-69 Authorizing the publication of notice of sale of project notes (First Series 1969) and the re- ceiving of proposals for the sale of said notes for the Downtown Urban Renewal Project Iowa R.15 WHEREAS, under date of July 26, 1967, the City of Dubuque entered into a Loan and Capital Grant Contract for the undertak- ing of the Downtown Urban Re- newal Project, Iowa R-15; and WHEREAS, under date of April 7, 1969, the Council of the City of Dubuque adopted Resolution No. 87-69 authorizing to be issued, Special Session, April 18, 1969 173 from time to time, Project Notes NOTICE OF SALE- in connection with the Downtown PROJECT NOTES Urban Renewal Project, Iowa R-15, CITY OF DUBUQUE, IOWA in an a~gregate principal amount (Name of Local Issuing Agency) outstandmg at anyone tIme of not Sealed proposals will be re- to exceed $8,624,313: and ceived by City of Dubuque, Iowa WHEREAS, under date of May (herein called the "Local Issuing 14, 1968, the Council of the City Agency") at Council Chambers, of Dubuque authorized the issu- City Hall, 13th & Iowa in the City ance and sale of its Preliminary of Dubuque, State of Iowa, until, Loan Notes in the aggregate prin- and publicly opened at, one o'clock cipal amount of $4,975,000 to P.M. iE.D.S.T.) on May 6, 1969, for finance certain undertakings in the purchase of $4,975,000.00 of connection with the Downtown Project Notes (First Series 1969), Urban Renewal Project, Iowa R-15; being issued to aid in financing and its project(s) as follows: WHEREAS, in order to refi- Am t nance the outstanding Preliminary Oun Loan Notes, it is necessary for the $4,975,000 City of Dubuque to sell Project Series Notes (First Series 1969) totaling First Series 1969 $4,975,000; now therefore Maturity BE IT RESOLVED BY THE October 17, 1969 COUNCIL OF THE CITY OF DU- BUQUE, IOWA: The Notes will be dated June 6, SECTION 1. That the City Clerk ~~69ih:~a~~rit~ay~~~~, ~n:e':vr;;r be an.d he 1S hereby authonzed bear interest at the rate or rates and direc~ed to pubhsh accordmg per annum fixed in the proposal to law NotIce of Sale-Project or proposaJs accepted for the pur- Notes" in the form of Exhibit "A" chase of such Notes. ~~~~~~~d hereto and made a part All proposals for the purchase SECTION 2. That the City Clerk of said Notes shall be submitted be and he is hereby authorized m a form approved by the Local and directed to accept and tabulate Issuing Agency. Copies of such proposals for the sale of said notes form of proposaJ and information and to send telegrams of accep- concerning the Notes may be ob- ;tn~~ ~~c:~!~:e b~~:~n";;~~~1:':-: tained from the Local Issuing covering such transactions as pro- Agency at the address indicated vided by the Department of Hous- above. Detailed information with ing and Urban Development, Unit- respect to the conditions of this ed States of America. sale may be obtained from the SECTION 3. That a special meet- April 22, 1969 issue of The Daily ing of the Council of the City of Bond Buyer Dubuque shall be held after the : bid opening date of May 6, 1969 CJty of Dubuque, Iowa to adopt such resolution or resolu- By Leo F. Frommelt tions necessary for the consumma- CJty Clerk tion of the sale of Project Notes Councilman Couchman moved r;;á~~r ~,,:i~;d¿e~9) to the lowest adoption of the resolution. Second- Passed, approved and adopted ed by Councilman Meyers. Carried this 18th day of April, 1969. by the followmg vote: Walter A. PregJer Yeas-Mayor PregJer, Council- Mayor men Couchman, Meyers. Donald R. Meyers Nays-None. Gaylord M. Couchman Not voting Councilman Schultz. Councilmen Absent-Councilman McCauley. There being no further business CounciJrnan Couchman moved to Attest: Leo F. FrommeJt City Clerk 174 Special Session, April 18, 1969 adjourn. Seconded by Mayor Preg- ler. Carried by the following vote: Yeas-Mayor Pregler, Council- men Couchman, Meyers, Schultz. Nays-None. Absent-Councilman McCauley. Leo F. Frommelt City Clerk Approyed ....................................1969. Adopted ......................................1969. ................................................................................- .................................................................................. .................................................................................. """"""""""""""""""""""'c'öüiïëïïiñëñ""""" Attest: """""""""""""ëï¡;;"'ëï~~k"" Regular SessÌDD, May 5, 1009 175 CITY COUNCIL Seet:inn 2. That effective at 7:30 P.M. on the 5th day of May, 1969, Central Daylight Saving Time, that the¡¡overnment of the City of Du- buque, Iowa, by PROCLAMATION of the Mayor be and ,the same is hereby terminated. IN WITNESS WHEREOF I have herel:D1to affixed my signature and ~aused the seal of the City of Du- l>uqne to be affixed thereto on this 5th day of May, 1969. WaJter A. Pregler Mayor, City of Dubuque, Iowa OFFICIAL Re9Ufar Session, May 5, 11169. Council met at 7>30 P.M. (D.S.T.) Present-Mayor Pregler, Coun- cilmen Couchman, Meyers, Schultz. Ci'Iy Man_r Gilbert D. Chan- nelle. Absent-Countjlman McCauley. Mayor Pregler read the caH and stated that service thereof had been duly made and this is the I r..ol... monthly meeting of the City Council called for the purpOse nf actillg upon such business as may properly come before the meeting. PROcI.AMAT/ON 01 Walter A. Pregler Mayor of the City of Dubuque, Iowa WHEREAS, effective the 18th .day of April 1969, at 6:00 P.M., Walter A. Pregler, Mayor af the City of Dubuque, ¡awa, issued a PROCLAMATION proclaiming that the City of Dubuque shaII begov- erne¡¡ by "PROCLAMATION" of the MaYOr during the state of pub- lic danger or emergency resulting I from flood waters of the Missis- sippi River ,threatening the hea1th, safety and welfare .of the inhabi- tants of the City of Dubuque, Iowa, and further procJaiming such gov- enment by I"ROCLAMATION of the Mayor continue until such time as in the judgment of the MaYOr I such public danger or emergency no Jonger exists; and WllEREAs, in my judgment as Mayor of the City of Dubuque, Iowa, a state <>.! public danger or emergency no longer exists. NOW THEREFORE BY V1RTUE; OF 'l'lŒ POWERs VEsTED IN THE MAYOll BY TIlE LAWS OF I THE STATE OF IOWA, 1, W.I\L- TEB A PREGLER, 1\tA.YOR OF TIllE -ciTY l)F DUBUqUE, IOWA, DO HEREBY DECLARE.AND PRO- CLlUMAS FGLLOWS: SeeN... J. That in my judgment there Ii1II :Iœ1ger exôsts a public dang... or OO>ergeneYin the City I of Dubuque, Iowa, by reason of the flnllldwat"", of the Mississippi m..... threatening 1Ioe bea)th, safety ""d wella!-e of theinhahitaDtw of the >City of DuIauque, 10"'.. A!test : Leo F. Frommelt, City CJerk CounciJman Schultz moved that \:'he Proclamation be made a matter of record. Seconded by Councilman Meyers. Carried by the foHowing yote: Yeas-Mayor PregJer, Council- men Couchman, Meyers, SchuJtz. Nays-None. Absent-Councilman McCauley. IOWA STATE DEPARTMENT OF IfEALTH Environmental Engineering Service P. J. Houser, M.S. P.E., Chief 28 Aprt¡ 1969 Leo F. Frommelt City Clerk Attention: Honorable Mayor and Council N1>Iioe #1/i9,21-W Test WeHs, Piezometer HoJes, and Test WeH # 1.Pump !.IlstaJlation Dnbuque, Iowa GenUemen: We are hereby approving the sanitary and functional featnres for the above noted project. We are retaining one COpy of the approved specifications for the fiJes of this Department and for- warding one to our Regional Office for their information. The pIans and specifications were snbmitted to Us by the Henningsou, Durham & Richardson, lnc., of Omaha, Ne- braska in conjunction with CuHen- SchiJtz & Associates of Dubuque for our review and approval. Very truly yours, P. if. Honser, Chief cc: Henningson, Durham & Richardson, Inc., Omaha, Nebraska RegifJllOI Office No.1, ISDH Councilman Meyers moved that the Communication be received 8Bd ." .