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1968 August Council Proceedings Regular Session, August 5, 1968 411 CITY COUNCIL (OFFICIAL) Regular Session, August S, 1968. Council met at 7:30 P.M. (D.S.T.) Present-Councilmen Couchman, Meyers, Pregler, Schultz. City Man- ager Gilbert D. Chavene/le. Absent-Mayor McCauley. Councilman Meyers moved that Councilman Pregler be elected to serve as Presiding Officer Pro Tem of this meeting. Seconded by Coun- cilman Couchman. Carried by the following vote: Yeas - Councilmen Couchman, Meyers, Pregler, Schultz. Nays-None. Absent-Mayor McCauley. Presiding Officer Pro Tem Preg. ler read the call and stated that service thereof had been duly made and this meeting is the Regular monthly meeting called for the purpose of acting upon such mat- ters as may properly Come before the meeting. Communication of University of Iowa adVising that Mr. Ward Hor. ton, assistant Recreation Director, has successfully completed the "Management Practices for Smaller Cities" course presented and read. Presiding Officer Pro Tem Pregler moved that the communication be received and filed. Seconded by Councilman Schultz. Carried by the following vote: Yeas-Presiding Officer Pro Tem Pregler, Councilmen Couchman, Meyers, Schultz. Nays-None. Absent-Mayor McCauley. Communication of Dubuque Ad. Visory Commission submitting a resolution relative to conditions in the Washington area neighborhood, presented and read. Councilman Meyers moved that the communi- cation and resolution be received and filed and referred to tbe Coun. cil. Seconded by Presiding Officer Pro Tem Pregler. Carried by the following vote: Yeas-Presiding Officer Pro Tem Pregler, Councilmen Couchman, Meyers, Schultz. Nays-None. Absent-Mayor McCauley. Councilman Meyers moved that the rules be suspended in order to let anyone present address the Council if they so desire. Seconded by Presiding Officer Pro Tem Pregler. Carried by the following vote: Yeas-Presiding Officer Pro Tern Pregler, Councilmen Couchman, Meyers, Schultz. Nays-None. Absent-Mayor McCauley. Mr. Keith Sheehy addressed the Council relative to the context of the resolution relating to the Washington neighborhood, by stat- ing that in his opinion it would be best to set up a meeting with the Council to discuss the matter in detail. This idea was agreed upon as satisfactory to the members of the Council. Communication of Knights of Co- lumbus advising of instituting a program during the 1968-69 school year consisting of teen dances and proVide a teen social club for stu- dents of all the high schools, pre- sented and read. Presiding Officer Pro Tem Pregler moved that the communication be received and filed and a copy of the communi- cation be sent to Mr. Eller of the youth council. Seconded by Coun. cilman Schultz. Carried by the fol- lowing vote: Yeas-Presiding Officer Pro Tem Pregler, Councilmen Couchman, Meyers, Schultz. Nays-None. Absent-Mayor McCauley. Copy of communication from Dubuque Bldg. & Construction Trades Council to Les Harney as Chairman of the Airport Commis- sion voicing objection to the meth- od of letting the proposed Airport Terminal building under a single contract, presented and read. Pre- siding Officer Pro Tem Pregler moved that the communication be received and filed and that a com- munication explaining the situation be sent to the Building & Trades Construction Trades Council. Sec- onded by Councilman Couchman. Carried by the following vote: Yeas-Presiding Officer Pro Tem Pregler, Councilmen Couchman, Meyers, Schultz. Nays-None. Absent-Mayor McCauley. Councilman Meyers. Carried by the following vote: Yeas-Presiding Officer Pro Tem Pregler, Councilman Couchman, Meyers, Schultz. Nays-None. Absent-Mayor McCauley. August 5, 1968 Mayor Schultz. Carried by the following vote: Yeas-Presiding Officer Pro Tem Pregler, Councilmen Couchman, Meyers, Schultz. Nays-None. Absent-Mayor McCauley. August 5, 1968 To the Honorable Mayor and City Council Gentlemen: This note is about the truck route on First Street. On July 31st, the Traffic Com- mittee discussed the problem. Truck traffic counts are being taken during the week of August 5th. The Committee has requested a meeting with the Council after the count has been complete. I suggest a meeting during the week of August 12th. Respectfully requested, Gilbert D. Chavenelle City Manager Councilman Couchman moved tbat the communication be re- ceived and filed. Seconded by Councilman Schultz. Carried by the following vote: Yeas-Presiding Officer Pro Tem Pregler, Councilmen Couchman, Meyers, Schultz. Nays-None. Absent-Mayor McCauley. 412 Regular Session, August 5, 1968 Regular Session, August 5, 1968 413 July 25, 1968 To the Honorable Mayor and City Council Gentlemen: I herewith submit the monthly reports of the City Water Depart- ment, City Auditor, City Treasurer, as well as a list of claims and pay- rolls for which warrants were drawn for the month of June 1968. Respectfully, Gilbert D. Chavenelle City Manager Presiding Officer Pro Tem Preg. ler moved that the reports be received and filed. Seconded by Councilman Schultz. Carried by the following vote: Yeas-Presiding Officer Pro Tem Pregler, Councilmen Couchman, Meyers, Schultz. Nays-None. Absent-Mayor McCauley. Proof of publication, certified to by the Publisher, of Statement of Receipts and a list of claims for which warrants were issued during the month of June 1968, presented and read. Councilman Meyers moved that the proof of publica- tion be received and filed. Second- ed by Councilman Couchman. Car- ried by the following vote: Yeas-Presiding Officer Pro Tem Pregler, Councilman Couchman, Meyers, Schultz. Nays-None. Absent-Mayor McCauley. August 5, 1968 To the Honorable Mayor and City Council Gentlemen: This is to advise that I have approved the following bond and desire to have your approval on same. SIDEWALK George Frommelt, Merchants Mu- tual Bonding Co. Respectfully, Gilbert D. Chavenelle City Manager Presiding Officer Pro Tem Preg- ler moved that filing of the bond be approved subject to approval of the City Solicitor. Seconded by To the Honorable and City Council Gentlemen: This letter is to inform you about proposed traffic sigual loca- tions which have been brought to your attention over the past months. On July 31st the Traffic Com- mittee determined to bid traffic signals at the following locations: 1. University and Pennsylvania 2. Bryant and Dodge 3. Bluff and Dodge 4. Thirty-second and Central The Engineering Department is preparing plans and specifications during the week of August 5th. These will shortly be placed before you for consideration. It is our intention to purchase the signal material and bid the construction work. We believe that the four installa- tions can be done within the funds budgeted. However, this will de- pend on the bids received. It may be necessary to eliminate one installation. About six months is required for the delivery of the material; con- sequently, it is not expected that the signals will be installed before the Spring of 1969. In regard to the signalization of Kennedy Road and Highway 20, the Engineering Department is for- warding a plan to the State High- way Commission this week. The State Highway Department has requested a review of the plans. I am returning to you the peti- tions received from Flexsteel in- dustries and the Irving School P.T.A. They have heen informed of the action being taken. Respectfully submitted, Gilbert D. Chavenelle City Manager Councilman Meyers moved that the communication be received and filed. Seconded by Councilman August 5, 1968 To the Honorable Mayor and City CounclI Gentlemen: I am returning to you the peti- tion of Anne Rooney and others requesting street lighting on Diag- onal Street. The area has been investigated and it is recommended that a 175 watt mercury vapor light be in- stalled on an existing pole at the southwest corner of the inter- section of Diagonal Street and Traut Terrace. RespectfuIly requested, Gilbert D. ChaveneIle City Manager Presiding Officer Pro Tem Preg. ler moved that the recommenda- tion of the Manager be approved. Seconded by Councilman Meyers. Carried by the following vote: Yeas-Presiding Officer Pro Tem Pregler, Councilmen Couchman, Meyers, Schultz. Nays-None. Absent-Mayor McCauley. July 24, 1968 1 I I Honorable Mayor and City Council Gentlemen: On April 3, 1967, Mrs. Margaret McClain filed claim against the City of Dubuque in the amount of $1,500.00 for injuries allegelly snffered on the 9th day of Febru- ary, 1967, as the result of an alleged fall on a public sidewaik at Farley Street about 100 feet east of alley on the south side of the street between Lincoln and Rbomberg Avenue, and this matter was referred to the writer. I have made an investigation of this matter and have conferred with claimant's attorney and they have made an offer of settlement in the amount of $250.00, and it is the recommendation of the City Attorney that said offer of settle- ment be accepted and that the City Auditor be instructed to draw a warrant payable to Mrs. Mar- garet McClain in the amount of $250.00 and transmit the same to the City Attorney for delivery upon receipt of duly executed re- lease. Original claim is returned herewith. Respectfully submitted, R. N. Russo City Attorney Councilman Schultz moved that the recommendation of the City Attorney be approved. Seconded by Presiding Officer Pro Tem Pregler. Carried by the following vote: Yeas-Presiding Officer Pro Tem Pregler, Councilman Couchman, Meyers, Schultz. Nays-None. Absent-Mayor McCauley. July 24, 1968 Honorable Mayor and City Council Gentlemen: On October 31, 1967, Agnes Baumhover of 1499 Jackson Street filed claim for damages as a re- sult of a fall allegedy occurring on September 14, on the public 414 Regular Session, August 5, 1968 Regular Session, August 5, 1968 415 walk abutting the alley lying be- tween 15th Street and Washington Street in the City of Dubuque, Iowa, and as a result of said al- leged fall suffered a broken hip and incurred hospital expenses of $1,481.00, medical expenses of $373.00, and loss of wages in the approximate amount of $900.00. I have made an investigation of this matter and have conferred with the claimant and the claimant has made an offer of settlement in the amount of $400.00, and it is the recommendation of the City Attorney that said offer of settle- ment be accepted and that the City Auditor be instructed to draw a warrant payable to Mrs. Agnes Baumhover in the amount of $400.00 and transmit the same to the City Attorney for delivery upon receipt of duly executed re- lease. Original claim is attached herewith. Respectfully submitted, R. N. Russo City Attorney Presiding Officer Pro Tem Preg- ler moved that the recommenda- tion of the City Attorney be ap- proved. Seconded by Councilman Meyers. Carried by the following vote: Yeas-Presiding Officer Pro Tem Pregler, Councilman Couchman, Meyers, Schultz. Nays-None. Absent-Mayor McCauley. Notice of claim of Dennis M. Hartke, in an undetermined amount, for car damage received as the result of running into an excavation at 6th and Iowa Street on July 15, 1968, presented and read. Presiding Officer Pro Tem Pregler moved that the notice of claim be referred to the City So. licitor for investigation and report. Seconded by Councilman Schultz. Carried by the following vote: Yeas-Presiding Officer Pro Tem Pregler, Councilmen Couchman, Meyers, Schultz. Nays-None. Absent-Mayor McCauley. Notice of claim of Ethel A. Wil- liams, of Galena, Ill., in an unde- termined amount, for personal injuries received in a fall In the parking ramp on June 13, 1968, presented and read. Presiding Of- ficer Pro Tem Pregler moved that the notice of claim be referred to the City Solicitor for investigation and report. Seconded by Council- man Schultz. Carried by the fol. lowing vote: Yeas-Presiding Officer Pro Tem Pregler, Councilmen Couchman, Meyers, Schultz. Nays-None. Absent-Mayor McCauley. Notice of Claim of Catherine Helderscheit, in an undertermined amount, for personal Injuries reo ceived in a fall on Iowa Street as the result of a defect in the street surface on July 22, 1968, presented and read. Presiding Officer Pro Tem Pregler moved that the notice of claim he referred to the City Solicitor for investigation and re- port. Seconded by Councilman Schultz. Carried by the following vote: Yeas-Presiding Officer Pro Tem Pregler, Councilmen Couchman, Meyers, Schultz. Nays-None. Absent-Mayor McCauley. Proof of Publication, certified to by the Publisher, of notice of pub- lic hearing to consider amending the Zoning Ordinance No. 3-34, so as amend Article IV Section 2 (h) to include Lot 1 of 2 of NE¥4, SE'I4, Sec. 21, T. 89, N. R. 2 E in professional office use classifica- tion, presented and read. No writ- ten objections were filed and no oral objectors were present in the Council Chambers at the time set for the public hearing. Presiding Officer Pro Tem Pregler moved that the proof of publication be received and filed. Seconded by Councilman Couchman. Carried by the following vote: Yeas-Presiding Officer Pro Tem Pregler, Councilmen Couchman, Meyers, Schultz. Nays-None. Absent-Mayor McCauley. (h) thereof to include certain described real estate in which Professional OHices or Studios of a Physician, Dentist, Archi- tect, Engineer, Lawyer, Realtor, Insurance, Musician or similar professio... may ba permitted, said Ordinance having been pre. viously presented and read at the Council meeting of July 15, 1968, presented for Final Adoption. NOW THEREFORE BE IT ORDAINED BY THE CITY CDUNCIL DF THE CITY OF DUBUQUE. IOWA, section 1. That O""n.,co No.3-" ,Map end ZonIng , 0' Oubuquo. Iowa, hareby amendad by ""'on 2. (b' tI..... buque, jowa. P.,..d. approved and adoptad "'" 5th "BY qf Au...', '968. WALTER A. PREGLER Pr.,ldl.. officer Pro Tem MERLIN F. SCHULTZ DONALD R. MEYERS GAYLORD M. COUCHMAN Councilmen _f, Leo F. Fromme" Cltv Clerk Pub"'",d officially In The Teleora'" Herald New,paper fhl, 9th day qf Au.u" ¡.... LEO F. FROMMELT CIty Clerk It. 1/9 ORDINANCE NO. 49-68 An Ordinance Amending Ordin- ance No. 3-34 known as the Zon- ing Map and Zoning Ordinance of the City of Dubuque, Iowa, by amending Acticle IV, Section 2 Councilman Meyers moved final adoption of the Ordinance. Second- ed by Councilman Couchman. Car- ried by the following vote: Yeas-Presiding Officer Pro Tem Pregler, Councilmen Couchman, Meyers, Schultz. Nays-None. Absent-Mayor McCauley. Petition of D. A. V. Fighting Back Chapter No.6 requesting per- mission to conduct sale of Forget Me Not flowers on August 23, and 24th, presented and read. Presid. ing Officer Pro Tem Pregler moved approval of the Petition. Seconded by Councilman Couchman. Carried by the followiug vote: Yeas-Presiding Officer Pro Tem Pregler, Councilmen, Couchman, Meyers, Schultz. Nays-None. Absent-Mayor McCauley. PetItion of Steger Construction Co. requesting release of Perfor- mance Bond No. 9503-1770 cover- ing Suhdivision improvements, pre- sented and read. Presiding Officer Pro Tem Pregler moved that the petition be referred to the City Manager and staff. Seeonded by Councilman Sehultz. Carried hy the following vote: Yeas-Presiding Officer Pro Tem Pregler, Councilmen Couchman, Meyers, Schultz. Nays-None. Absent-Mayor McCauley. Petition of "Dubuquettes" re- questing that they be honored by becoming the possessor the City flag to he flown during their per- formances as a drum and bugle corps, presented and read. Presid- ing Officer Pro Tem moved that the petition be referred to the Council. Seconded by Councilman Meyers. Carried by the following vote: Yeas-Presiding Officer Pro Tem Pregler, Councilmen Couchman, Meyers, Schultz. Nays-None. Absent-Mayor McCauley. Petition of Harry E. O'Connell of 225 S. Locust St. requesting that Lot 3 and six feet of Lot 4 of Stout's Addn. he rezoned from Two Family Dwelling to Commer- cial Zoning Classification, pr&- sented and read. Councilman Meyers moved that the petition be referred to the Planning and Zoning Commission. Seconded by Councilman Schultz. Carried by the following vote: Yeas-Presiding Officer Pro Tem Pregler, Councilmen Conchman, Meyers, Schultz. Nays-None. Ahsent-Mayor McCauley. Petition of Francis O'Connor attorney, as a representative of Harry E. O'Connell, requesting conveyance to Mr. and Mrs. O'Con. nell of the encroachment of Lot 3 and the North 6' of Lot 4 in Stout's Duhuque upon city owned property, presented and read. 416 Regular Session, August 5, 1968 Councilman Meyers moved that the petition be referred to the City Solicitor. Seconded by Councilman Couchman. Carried by the follow- ing vote: Yeas-Presiding Officer Pro Tem Pregler, Councilmen Couchman, Meyers, Schultz. Nays-None. Ahsent-Mayor McCauley. Petition of Peoples Natural Gas requesting permission to excavate at the intersection of W. 5tb and Nevada streets, presented and read. Councilman Schultz moved that the petition. be approved. Seconded by Presiding Officer Pro Tem Pregler. Carried by the fol- lowing vote: Yeas-Presiding Officer Pro Tem Pregler, Councilmen Couchman, Meyers, Schultz. Nays-None. Absent-Mayor McCauley. Petition of Rbomherg Furs re- questing permission to Install a carpet across the walk at the entrance of their store at Tenth & White Street, presented and read. Presiding Officer Pro Tem Pregler moved that the petition be referred to the City Manager and staff. Seconded by Councilman Couch- man. Carried by the following vote: Yeas-Presiding Officer Pro Tem Pregler, Councilmen Couchman, Meyers, Schultz. Nays-None. Absent-Mayor McCauley. Petition of Mrs. Robert Menning et al (64 signers) requesting the erection of a street light on the corner of West Third and Winona streets, presented and read. Coun- cilman Meyers moved that the petition be referred to the Man- ager and Electrical Inspector for Investigation and report. Seconded by Presiding Officer Pro Tem Pregler. Carried by the following vote: Yeas-Presiding Officer Pro Tem Pregler, Councilmen Couchman, Meyers, Schultz. Nays-None. Absent-Mayor McCauley. Petition of Mrs. Ray Gross et al (47 signers) requesting Immediate action to correct sanitary sewer back-up problem on West Locust Street, presented and read. Pre- siding Officer Pro Tem Pregler moved that the petition be re- ceived and filed and referred to the Engineering Department for investigation and report. Seconded by Councilman Couchman. Carried by the following vote: Yeas-Presiding Officer Pro Tem Pregler, Councilmen Couchman, Meyers, Schultz. Nays-None. Absent-Mayor McCauley. Mr. Greg Francois, a resident on West Locust Street, and one of the signers on the Gross petition raised the question why they should be obliged to put in a petition for the correction of a sewer problem. Evidently someone in charge at the City Hall request- ed that a petition be drawn up in the interest of proper procedure. The Council saw no harm in the procedure as recommended. Petition of David W. Leifker, requesting permission to occupy two locations in the Downtown area on Main Street for the pur- pose of soliciting signatures and signing of pledge cards for the "McCarthy for President" club, presented and read. Presiding Of- ficer Pro Tem Pregler moved that the petition be referred to the City Manager for approval. Seconded by Councilman Meyers. Carried by the following vote: Yeas-Presiding Officer Pro Tem Pregler, Councilmen Couchman, Meyers, Schultz. Nays-None. Absent-Mayor McCauley. Petition of Carl E. Nagelmaker, as survlng spouse of Colleen Nagel- maker, requesting a refund on the unexpired portion of Class B Beer license No. 18, presented and read. Presiding Officer Pro Tem Pregler moved that the refund be granted and the Auditor instructed to issue proper warrent. Seconded hy Coun- cilman Meyers. Carried hy the fol- lowing vote: Yeas-Presiding Officer Pro Tem Pregler, Councilman Couchman, Meyers, Schultz. Nays-None. Absent-Mayor McCauley. Petition of Mathias A. SchneIler requesting a refund of $75. on the unexpired portion of cigarette 417 Regular Session, August 5, 1968 license No. 237, as he has discon- tinued business on July 28, 1968, presented and read. Presiding Of- ficer Pro Tem Pregler moved that the refund be granted and the Auditor instructed to issue proper warrant. Seconded by Councilman Meyers. Carried by the following vote: Yeas-Presiding Officer Pro Tem Pregler, Councilmen Couchman, Meyers, Schultz. Nays-None. Ahsent-Mayor McCauley. Petition of Mathias A. Schneller requesting a refund of $100. on the unexpired portion of Class B Beer License No. 25, as he has discontinued business on July 28, 1968, presented and read. Presid- ing Officer Pro Tem Pregler moved that the refund be granted and the Auditor instructed to issue proper warrant. Seconded hy Councilman Meyers. Carried hy the following vote: Yeas-Presiding Officer Pro Tem Pregler, Councilmen Couchman, Meyers, Schultz. Nays-None. Ahsent-Mayor McCauley. Proof of Puhllcation, certified to by the Publisher, of notice of puh- lie hearing to consider proposal to dispose of Lot 2 of the Sub. of Lot 2 of Block 6 and Lot 2 of the Sub. of Lot 5 all in RIver Front Suh. No.3 to Dubuque industrial Development CorPoration for a total purchase price of $20,000, presented and read. No written objections were filed I and no oral objectors were present In the Council Chamber at the time set for the public hearing. Presiding Officer Pro Tem Pregler moved that the proof of publica- tion he received and filed. Second- ed hy Councilman Couchman. Car- ried hy the following vote: Yeas-Presiding Officer Pro Tem Pregler, Councilmen Couchman, Meyers, Schultz. Nays-None. Absent-Mayor McCauley. RESOLUTION NO. 338-68 WHEREAS, pursuant to resolu- tion of published notice of time and place of hearing puhlished in the Telegraph-Herald, a newspaper of general circulation puh1ished in the City of Dubuque, Iowa, on July 10, 1968, and July 17, 1968, City Council of Dubuque, Iowa, met on the 5th day of August, 1968, at 7:30 o'clock P.M. (Central Daylight Saving Time) In the City Council Chamher, City Hall, Du- huque, Iowa, to consider the pro- posal to dispose of interest of the City of Duhuque in the following descrihed real estate to Dubuque Industrial Development CorPora- tion: Lot 2 of the Subdivision of Lot 2 of Lot 2 of Block 6 of RIver Front Subdivision No.3 and Lot 2 of the Suhdivislon of Block 5 RIver Front Suhdivision No.3, all in the City of Dubuque, Iowa. 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 Duhuque, Iowa, in the ahove described real estate to Du- buque Industrial Development Cor- poration. 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 Duhuque, Iowa, in real estate to Duhuque indus- trial Development Corporation covering the following descrihed real estate, to-wit: Lot 2 of the Suhdivision of Lot 2 of Lot 2 of Block 6 of RIver Front Subdivision No.3 and Lot 2 of the Subdivision of Block 5 RIver Front subdivision No.3, all in the City of Dubuque, Iowa, for the total purchase price of $20,000.00 he and the same is hereby approved, subject to the following terms and conditions, to- wit: A. That said parcel of real estate be sold to Dubuque Industrial Development CorPoration for the construction of a new plant; B. That the sale of said real estate shall be at the rate of Five Thousand ($5,000.00) Dol' lars per acre or a total pur- chase price of $20,000.00, and receipt of down payment of $2,000.00 is herewith acknowl- edged. I~ ¡I" I : 418 Regular Session, August 5, 1968 Proof of Publication, certified to hy the Puhlisher, of Notice of pub- lic hearing to cousider proposal to dispose of Lot 1 of the Sub. of Lot 2 of Lot 2 of Block 6 River Front Suhdivision No.3 to Ameri- can Trust & Savings Bank Trustee of Dubuque Packing Company Pen- sion Trust at a sale price of $3500. per acre, presented and read. No written objections were filed and no oral ohjectors were present in the Council Chamber at the time set for the public hearing. Councilman Meyers moved that the proof of puhllcation he received and filed. Seconded by Councilman Couchman. Carried by the follow- ing vote: Yeas - Presiding Officer Pro Tem Pregler, Councilmen Couch- man, Meyers, Schultz. Nays-None. Ahsent-Mayor McCauley. C. That construction of said plant be started within one year of date of delivery of deed and shall be completed within two years of date of purchase and upon failure so to do by the purchasers, said real estate shall revert to the City of Duhuque, Iowa, and purchase price less damages shall be refunded to the purchasers. D. That the construction of all building, huildings, yards, parking lots, fences shall be constructed in conformance with existlug City codes. E. That the Dubuque Industrial Development Corporation shall have the right of first refusal to purchase an additional three acres lying immediately north and adjacent to the tract of land hereinabove described, at a price equivalent to the same price as contem- plated In the sale of said prem- RESOLUTION NO. 339-68 Ises to any other purchaser WHEREAS, pursuant to resolu- and ~~on the same. terms and tion of puhlished notice of time condItions as heremabove set and place of hearing published in forth in A., C., and E. ahove. the Telegraph Herald, a newspaper Section 2. That the City Clerk of general circulation published in be and he is hereby authorized and the City of Duhuque, Iowa, on July directed to deliver the said deed of 10, 1968, and July 17, 1968, City conveyance to Duhuque Industrial Council of Dubuque, Iowa, met on Development Corporation upon re- the 5th day of August, 1968, at 7:30 ceipt of total purchase price in o'clock P.M. (Central Daylight Sav- the amount of $20,000.00. ing Time) in the City Council Section 3. That the City Clerk be Cham~r. City Hall, Dubuque,. Iowa, and he is berehy authorized and to consider the proposa~ to dispose directed to record a certified copy of mte.rest of the City of. Du- of this Resolution in the office of buque m the followmg descrlhed the Duhuque County Recorder real estate to American Trust & Passed, adopted and appr~ved Savl~gs Bank, Trustee o~ Dubuque this 5th day of August, 1968. Packmg Company PensiOn Trust: Walter A. Pregler Lot 1 of the Subdivision of Lot Presiding Officer Pro Tem 2 of Lot 2 of Block 6 River Merlin F. Schultz Front Subdivision No.3, In the Donald R. Meyers City of Dubuque, Iowa. Gaylord M. Couchman WHEREAS City Council of Du- Councilmen huque, Iowa, 'overruled any and all Attest: objections, oral or written, to the Leo. F. Frommelt, proposal to dispose of interest of CIty Clerk City of Dubuque, Iowa, In the above Presiding Officer Pro Tem Preg- described re~I estate to American ler moved adoption of the resolu- Trust & SaVln~s Bank, Trustee of tlon. Seconded hy Councilman ~ubuque Packing Company Pen- Schultz. carried by the following SlOn Trust. vote: NOW THEREFORE BE IT RE. Presiding Officer Pro Tem Preg- SOLVED BY THE CITY COUNCIL ler, Councilmen Couchman, Meyers, t OF CITY OF DUBUQUE, IOWA: Schultz. I Section 1. That the disposal of Nays-None. I interest of City of Duhuque, Iowa, Ahsent-Mayor McCauley- in real estate to American Trust Regular Session, August 5, 1968 & Savings Bank, Trustee of Du- buque Packing Company Pension Trust covering the following de- scrihed real estate, to-wit: Lot 1 of the Subdivision of Lot 2 of Lot 2 of Block 6 River Front Subdivision No.3, in the City of Duhuque, Iowa, for the total purchase price of $17,500.00 be and the same is here- hy approved, suhject to the follow- ing terms and conditions, to-wit: A. That the sale of said real estate shall be at the rate of Three Thousand Five Hundred ($3,- 500.00) Dollars per acre or a total purchase price of $17.- 500.00. B. That the construction of all building, buildings, y a r d s, parking lots, fences shall be constructed in conformance with existing City codes. C. That the City reserves and re- tains unto itself perpetually easements in and to said real estate covering any utilities presently installed and located in the said real estate and the City of Dubuque reserves and retains unto itself a perpetual easement for flood dike and for railroad tracks to be locat- ed therein and to serve the said real estate and the City reserves and retains unto itself a perpetual easement 20 feet In width presently existing in the maintenance of rip-rap, all of which easements herein- above reserved and retained shall include the right of in. gress thereto and egress there. from. D. That American Trust & Sav. ings Bank, Trustee of Duhuque Packing Company Pen s ion Trust, and MarllI Chemical Company, an Iowa corporation, shall each execute and deliver to the City of Duhuque, Iowa, a Quit Claim Deed conveying all of its right, title and inter- est In and to: Lot 2 of Lot 2 of Lot 2 of Block 6 "River Front Subdivision No.3" in the City of Dubuque, Iowa. Section 2. That the City Clerk he and he is hereby authorized and directed to deliver the said deed 419 of conveyance to American Trust & Savings Bank, Trustee of Du- buque Packing Company Pension Trust upon receipt of total pur- chase price in the amount of $17,- 500.00. Section 3. That the City Clerk he and he is herehy authorized and directed to record a certified copy of this Resolution in the office of the Dubuque County Recorder. Passed, adopted and approved this 5th day of August, 1968. Waiter A. Pregler Presiding Officer Pro Tem Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt, City Clerk Councilman Couchman moved adoption of the resolution. Second- ed hy Councilman Meyers. Carried by the following vote: Yeas-Presiding Officer Pro Tem Pregler, Councilmen Couchman, Meyers, Schultz. Nays-None. Ahsent-Mayor McCauley. Proof of Publication, certified to by the Puhlisher, of notice of pendency of resolution of necessity for public improvements and hear- ing upon proposed plans, specifica- tions, form of contract for improve- ment of landscaping and tree plant- ing on Iowa Street from 4th Street to 10th Street, presented and read. Presiding Officer Pro Tem Preg- ler moved that the proof of pub- lication he received and filed. Sec- onded by Councilman Meyers. Car- ried by the following vote: Yeas - Presiding Officer Pro Tem Pregler, Councilmen Couch- man, Meyers, Schultz. Nays-None. Absent-Mayor McCauley. (Necessity for Improvement) RESOLUTION NO. 308-68 WHEREAS, proposed plans, specifications, and form of con- tract have heen duly prepared and approved by the City Council of the City of Duhuque, Iowa, and are now on file in the office of the City Clerk showing among other things the following: (Ordering Construction) RESOLUTION NO. ~ BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA that pursuant to a Resolution of Necessity No. 308-68 which was duly passed by this Council for the improvement of landscaping and tree planting on Iowa Street from the south property line of 4th Street to the north property line of 10th Street. Be and same Is hereby ordered constructed by this Council upon its own motion and with or with- out the petition of property own- ers. All work shall be constructed in accordance with the plans and specifications heretofore adopted and now on file in the office of the City Clerk- BE IT FURTHER RESOLVED that the cost and expense of said improvement be paid from the Road Use Tax Fund. BE IT FURTHER RESOLVED that this resolution being deemed urgent and of IMMEDIATE NE- CESSITY shall be in force and ef- fect from and after its passage and adoption hy the City Council. Passed, adopted and approved this 5th day of August, 1968. Walter A. Pregler Presiding Officer Pro Tem Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Councilman Couchman moved adoption of the resolution. Second- ed by Presiding Officer Pro Tem Pregler. Carried by the following vote: Yeas - Presiding Officer Pro Tem Pregler, Councilmen Couch- man, Meyers, Schultz. Nays-None. Absent-Mayor McCauley. Proof of Publication, certified to hy the Publisher of Notice to Con- tractors of Receipt of hids for Landscaping and Tree Planting Im- provements on Iowa Street from tbe S.P.L. of 4th Street to the N.P.L. of 10th Street, presented and read. 420 Regular Session, August 5, 1968 (1) The plan of such improve- ment (2) An estimate of the cost of the Improvement for the improvement of landscap- ing and tree planting on Iowa Street from the south property line of 4th Street to the north property line of 10th 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 he deemed to have waived aU objections thereto. Said improvement shan he con- structed and done in accordance with the plans and specifications which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said Im- provement will be paid from the Road Use Tax Fund. The above resolution was intro- duced, approved and ordered placed on file with the City Clerk this 15th day of July, 1968. Approved and placed on file for final action. RECORD OF FINAL ADOPTION The foregoing resolution was finally passed and adopted, as proposed, by the City Council this 5th day of August, 1968. Walter A. Pregler Presiding Officer Pro Tem Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Councilman Meyers moved final adoption of the resolution. Second. ed by Presiding Officer Pro Tem Pregler. Carried by the following vote: Yeas - Presiding Officer Pro Tem Pregler, Councilmen Couch- man, Meyers, Schultz. Nays-None. Absent-Mayor McCauley. Regular Session, August 5, 1968 Presiding Officer Pro Tem Preg- ler moved that the proof of pub- lication be received and filed. Sec- onded by Councilman Schultz. Carried by the following vote: Yeas - Presiding Officer Pro Tem Pregler, Councilmen Couch- man, Meyers, Schultz. Nays-None. Ahsent-Mayor McCauley. August 5, 1968 To the Honorable Mayor and City Council Gentlemen: Pursuant to your instructions, sealed bids were received until 10:00 A.M., Monday, August 5, 1968, for the improvement of Land- scaping and Tree Planting on Iowa Street. The lowest bid entered was sub- mitted by The Nauman Nursery of Duhuque, Iowa. Their hid was 4.52% over the Engineer's Esti- mate. I I recommend that the contract for the Improvement be awarded to The Nauman Nursery. RespectfuUy submitted, Gilhert D. Chavenelle City Manager Presiding Officer Pro Tem Preg- ler moved that the recommenda- tion of the City Manager be ap- proved. Seconded by Councilman Meyers. Carried by the foUowing vote: Yeas - Presiding Officer Pro Tem Pregler, Councilmen Couch- man, Meyers, Schultz. Nays-None. Absent-Mayor McCauley. (Awarding Contract) RESOLUTION NO. 341-68 WHEREAS, sealed proposals have heen sohmitted hy contrac- tors for the improvement of: Land- scaping and Tree Planting on Iowa Street from the S.P.L. of 4th Street to the N.P.L. of 10th Street pur- suant to Resolution No. 340-68 and notice to bidders published in a newspaper published in said City On July 18, 1968 and July 25, 1968; and WHEREAS, said sealed propos- als were opened and read on Au- gust 5, 1968, and it has been de- termined that the hid of The Nau- man Nursery of Dubuque, Iowa in the amount of $48,545.50 was 421 the lowest bid for the furnishing of all lahor and materials and per- forming the work as provided for in the plans and specifications; now therefore, BE IT RESOLVED by tbe City Council of the City of Dubuque that the contract for the above mentioned improvement be award. ed to The Nauman Nursery and the Manager be and he is hereby directed to execute a contract on behalf of the City of Duhuque for the complete performance of said work. BE IT FURTHER RESOLVED, that upon the signing of said con- tract and the approval of the con- tractors hond the City Treasurer is authorized and instructed to re- turn the hid deposits of the unsuc- cessful bidders. Passed and adopted this 5th day of August, 1968. Walter A. Pregler Presiding Officer Pro Tem Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Councilman Couchman moved adoption of the resolution. Sec- onded hy Councilman Meyers. Car- ried by the following vote: Yeas - Presiding Officer Pro Tem Pregler, Councilmen Couch- man, Meyers, Schultz. Nays-None. Ahsent-Mayor McCauley. July 24, 1968 Honorable Mayor and Council Members Gentlemen: The Planning and Zoning Com- mission has reviewed tbe final plat of Block 18, 19, and 21 of Key KnoUs Subdivision. The Com- mission has found that the plat meets the minimum requirements of the Suhdivision Regulations and is an appropriate design for this area. It is the recommendation of the Planning and Zoning Commission that the plat he approved. Sincerely, Don Gilson Director of Planning ,ò.. written acceptance hereto attached agreeing: a. To reduce all streets to grade and to construct concrete curh and gutter and to hard surface Hillcrest Road with hitnmlnous concrete, or with concrete paving with Integral curb, all In accordance with City of Dubuque standard specifications; b. To install sanitary sewer mains and sewer service lat- erals in accordance with plans suhmitted with the plat; c. To install water mains and water service laterals In ac- cordance with plans sub- mited 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 hy Ordinances, and where direCted by the City Engineer and the City Manager; f. To construct the foregoing improvements in accordance with plans and specifications approved by the City Man- ager, under the inspection of the City Engineer, and In a manner aproved by the City Manager; g. To maintain the foregoing Improvements for a period of four (4) years from the date of their acceptance by the City of Duhuque, Iowa; h. To provide the foregoing construction and maintenance at the sole expense of the Subdivider, Hillcrest invest- ment Inc., as owner; I. To construct said Improve- ments, except sidewalks, prior to July 1, 1970, and to construct the sidewalks prior to July 1, 1972; and further provided that said Hillcrest Investment Inc., as owner of said Subdivision, secure the per- formance of the foregoing con. ditions by providing security in such form and with such sureties as may be acceptable to the City Manager. Section 3. That In the event Hill. crest Investment Inc., shall fail to 422 Regular Session, August 5, 1968 Presiding Officer Pro Tem Preg- ler moved approval of the recom- mendation. Seconded by Council- man Schultz. Carried by the fol. lowing vote: Yeas - Presiding Officer Pro Tem Pregler, Councilmen Couch- man, Meyers, Schultz. Nays-None. Ahsent-Mayor McCauley. HSOLUTION NO. 342-68 Resolution approving the plat of Block 18, Block 19 and Block 21 each In "Key Knolls Subdivision" in the City of Dubuque, Iowa. WHEREAS, there has heen filed with the City Clerk a plat of the Subdivision to be known as Block I 18, Block 19 and Block 21, each in "Key Knolls Subdivision" In the i City of Dubuque, Iowa, hy Hillcrest lnvestment Inc.; and WHEREAS, upon said plat ap- pear streets to be known as Hill- crest Road, together with certain public utility easements which the Owners by said plat have dedicated to the public forever; and WHEREAS, said plat has been examined by the City Planning and Zoning Commission and had Its approval endorsed thereon; and WHEREAS, said plat has been examined by the City Council and they find that the same conforms to statutes and ordinances relating thereto, except that street grades have not been estahlished, the streets brought to grade, or pav. lng, sewer or water installed; NOW THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section I. That the dedications of Hillcrest Road, together with the easements for pnblic utilities as the same appear upon said plat, be and the same are hereby ac- cepted; Section 2. That the plat of Block 18, Block 19 and Block 21, each in "Key Knolls Subdivision" In the City of Dubuque, Iowa, be and the same Is hereby approved and the Mayor and City Clerk are here- hy authorized and directed to en- dorse the approval of the City of Dubuque, Iowa, upon said plat, provided the owners of said prop- erty herein named, execute their Regular Session, August 5, 1968 423 execute the accepance and furnish the security provided for in Sec- tion 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. PASfIED, ADOPTED AND AP. PROVED hy unanimous recorded roll call this 5th day of August, A.D., 1968. Walter A. Pregler Presiding Officer Pro Tern Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk ACCEPTANCE OF RESOLUTION No. 342-68 HILLCREST INVESTMENT INC., being familiar with the terms and conditions of the foregoing RESO- LUTION NO. 342-68 herehy accept the same and agree to perform the conditions required of It therein. Dated this 16th day of Septem- ber, 1968. IULLCREST INVESTMENT INC. By Blanche A. Hansel, Vice Presi- dent By Russell L. Rafoth, Secretary (CorPorate) (Seal) CERTIFICATION TO: LEO F. FROMMELT CITY CLERK This is to certify that the secur- ity provided by the foregoing RESOLUTION NO. 342-68 has been provided by the owners. Dated at Dubuque, Iowa, this 20th day of September, 1968. Gilbert D. Chavenelle, City Manager Presiding Officer Pro Tem Preg. ler moved adoption of the resolu- tion. Seconded by Councilman Schultz. Carried by the following vote: Yeas-Presiding Officer Pro Tem Pregler, Councilmen Couchman, Meyers, Schultz. Nays-None. Absent-Mayor McCauley. Proof of Publication, certified to hy the Puhlisher, of notice of meeting for Issuance of Flood Pro- tection Bonds, in the amount of $63,000, presented and read. No written ohjections were filed and no oral objectors were present in the Council Chamber at the time set for the public hearing. Councilman Conchman moved that the proof of publication be re- ceived and filed. Seconded by CounclIman Schultz. Carried by the following vote: Yeas-Presiding Officer Pro Tem Pregler, Councilmen Couchman, Meyers, Schultz. Nays-None. Absent-Mayor McCauley. RESOLUTION NO. 343-68 A RESOLUTION Initiating pro- ceedings for the ¡ssuence of $83,000 Flood Protection Bonds. WHEREAS the City of Dubuque, Iowa, has heretofore incurred ex- penses in combating a flood caused hy the overflowing of the Missis- sippi River within said City; and WHEREAS for the purpose of paying said expenses, to the amount of $83,000, it is necessary that provisions be now made for the issuance of honds of said City in the principal amount of $83,000 payahle from taxes levied upon all the taxable property in said City as authorized and permitted by Chapter 333 of the Laws of the Sixty-second General Assembly of the State of Iowa; and WHEREAS notice and hearing on the initiation of pIWeedings for the issuance of said 1Ió1ld.s has heretofore been given in ÌDanner and form required by Section 23.12 and 4O8A.l of the Code of Iowa, 1966, and no petition or protest against the issuance of said bonds has been filed or made and no petition has been filed requesting that the proposition of issuing said bonds be submitted at an election; NOW, THEREFORE, Be It Re- solved hy the City Council of the City of Duhnque, Iowa, as follows: Section 1. That the City Clerk he and he is herehy authorized and directed to arrange for the preparation of a form of resolu. tion authorizing the Issuance of $83,000 Flood Protection Bonds of said City and providing for the levy of taxes to pay the same- 424 ReguJar Session, August 5, 1968 Section 2. That this hearing be RESOLUTION NO. 344-68 adjourned to the 16th day of Sep- RESOLUTION determining that tember, 1968, at the Council Cham- public convenience end Mee.. bers in the City Hall at 7:30 o'clock Illy will be sarvad by the acqul- P.M., at which time the resolution Iition of additional public motor referred to In the preceding sec- vehicle parking facllltleL tion hereof will be brought up for WHEREAS the City of Dubuque consideration by this Council. In Dubuque County, Iowa, h~ Section 3. That all resolutions heretofore established a system of or parts thereof in conflict here- public motor vehicle parking faclI- with be and the same are herehy lties in said City consisting of both repealed and this resolution shall on-street parking meters and off- be effective forthwith upon Its street parking facilities and has passage and approval. established regulations for the use Passed and approved August 5, and operation thereof in order to 1968. properly regulate and control Walter, A. Pregler traffic upon the congested streets Presiding ðfflcer Pro Tem within said City; and WHEREAS the increased use by the public of motor vehicles has caused serious traffic congestion in the streets of the business sec- tion of said City, thus preventing the free circulation of traffic in, through and from said City, Im- peding the rapid and effective handling of fires and operation of police forces and endangering the health, safety and welfare of the general puhlic; and WHEREAS It is necessary and advisable to add to, extend and improve said system of public motor vehicle parking facilities as contemplated by the report en- titled "Iowa Street Parking Ramp for the City of Dubuque, Iowa, Project 1806-00", dated July, 1968, prepared hy DeLeuw, Cather & Company, Consulting Engineers, now on file with the City Clerk, and consisting of acquiring the real estate not already owned by the City in the area bounded on the north by the soutb property line of Eighth Street, bounded on the east by the west property line of Iowa Street, bounded on the south by the north property line of Sixth Street, and hounded on the west by the east side of the alley lying between Iowa Street and Main Street, all In the City of Dnbuque, Iowa, and construct- ing thereon a multi-level motor vehicle parking structure; and WHEREAS notice and hearing on the question of whether or not public convenience and necessity will be served hy acquiring and thus improving said real estate for parking purposes has hereto- fore been given in the manner and Attest: Leo F. Frommelt City Clerk Recorded August 5, 1968. Leo F. Frommelt City Clerk Councilman Meyers moved adop- tion of the resolution. Seconded by Councilman Couchman. Carried by the following vote: Yeas-Presiding Officer Pro Tem Pregler, Councilmen Couchman, Meyers, Schultz. Nays-None. Absent-Mayor McCauley. Proof of Publication, certified to by the Publisher, of Notice of public hearing on the proposed acquisition of parking facilities, In the area bounded on the north by the south property line of Eighth street, .bounded on the east by the west -property line of Iowa Street, bo.undédori the south by the north property line of Sixth Street, and -bounded on the west by the east sldi.of the alley lying between Iowa Street and Main Street, pre- sented and read. No written objections were filed and no oral ohjeetors were present In the Council Chamber at the time set for the public hearing. Presiding Officer Pro Tem Preg- ler moved that the proof of publi- cation be received and filed. Sec- onded by Councilman Meyers. Carried hy the following vote: Yeas-Presiding Officer Pro Tem Pregler, Councilmen Couchman, Meyers, Schultz. Nays-None. Absent-Mayor McCauley. Regular Session, August 5, 1968 form required hy Section 390.1 of the Code of Iowa, 1966, and all persons affected by the estahlish- ment of said proposed facilities have been heard; NOW THEREFORE, Be It Re- solved hy the City Council of the City of Dubuque, Iowa, as follows: Section I. That all ohjections to the acquisition of the additional parking facilities as hereinafter descrihed be and the same are hereby overruled. Section 2. That It is herehy found, determined and declared that puhlic convenience and neces- sity will he served by acquiring the real estate not already owned by the City of Dubuque in the area bounded on the north by the south property line of Eighth Street, bounded on the east by the west property line of Iowa Street, hounded on the south hy the north property line of Sixth Street, and bounded on the west by the east side of the alley lying between Iowa Street and Main Street in I said City and constructing thereon a multi-level motor vehicle park- ing structure in and for said City of Duhuque, Iowa. Section 3. That all orders or resolutions, or parts thereof, In conflict herewith he and the same are hereby repealed. Passed and approved August 5, 1968. Walter A. Pregler Presiding Officer Pro Tem Attest: Leo F. Frommelt City Clerk Recorded August 5, 1968. Leo F. Frommelt City Clerk Councilman Couchman moved adoption of the resolution. Second. ed by Councilman Meyers. Carried hy the following vote: Yeas-Presiding Officer Pro Tem Pregler, Councilmen Couchman, Meyers, Schultz. Nays-None. Ahsent-Mayor McCauley. Proof of Publication, certified to by the Publisher, of Notice of Meeting for issuance of AirPort bonds in the amount of $490,000 presented and read. 425 No written ohjections were filed and no oral objectors were pre- sent in the Council Chamher at the time set for the puhlic hearing. Councilman Meyers moved that the proof of publication be re- ceived and filed. Seconded by Councilman Couchman. Carried by the following vote: Yeas-Presiding Officer Pro Tem Pregler, Councilmen Couchman, Meyers, Schultz. Nays-None. Absent-Mayor McCauley. RESOLUTION NO. 345-68 RESOLUTION initiating proceed- ingl for the issuance of $490,000 Airport Bondi of the CIIy of Du- buque, lowe. WHEREAS the City of Duhuque, in the County of Dubuque, and State of Iowa, has heretofore estahlished a municipal airport pursuant to an election under the law as now contained in Chapter 330 of the Code of Iowa, 1968, and it is necessary and for the best interests of said City that said air- port be improved as requested hy the Airport Commission of said City, and under the provisions of Section 330-16 of the Code of Iowa, 1966, the City of Duhuque, Iowa, is authorized to issue its AirPort Bonds in the amount of $490,000 for said purPose; and WHEREAS it is necessary and advisable that provisions be made for the issuance of such hondo and notice and hearing on the initia- tion of proceedings for such issuance has heretofore been given in manner and form required by Sections 23.12 and 4O8A.l of the Code of Iowa, and no petition nor protest has been filed, and no petition has been filed asking that an election be called on the ques- tion of issuing said honds; NOW THEREFORE, BE IT RE- solved by the City Council of the City of Duhuque, Iowa, as follows: Section 1. That the City Clerk be and he is herehy authorized and instructed to arrange for the preparation of a form of resolution authorizing the Issuance of these bonds and providing for the levy of taxes to pay the same. Section 2. That this hearing on the Issuance of said bonds be and the same is hereby adjourned 426 Regular Session, August 5, 1968 to the 16th day of September, I 1968, at 7:30 o'clock P.M., Central Daylight Saving Time, at the Coun- cil Chambers in the City Hall in said City, at which time and place said form of resolution shall be presented to this Council for action tbereon in connection with the issuance of these bonds. Section 3. That all resolutions or parts thereof in conflict herewith he and the same are hereby re- pealed and this resolution shall he effective forthwith upon its passage and approval. Passed and approved August 5, 1968. Walter A. Pregler Presiding Officer Pro Tem Attest: Leo F. Frommelt City Clerk Recorded August 5, 1968. Leo F. Frommelt City Clerk Councilman Meyers moved adop- tion of the resolution. Seconded by Councilman Schultz. Carried by the following vote: Yeas--Presiding Officer Pro Tem Pregler, Councilmen Couchman, Meyers, Schultz. Nays-None. Ahsent-Mayor McCauley. RESOLUTION NO. 346-68 RESOLUTION to fix a date of meeting at which it is proposed to take action for the issuance of $1,995,000 Se_r Bonds. WHEREAS it Is necessary and for the best interests of the City of Dubuque, Iowa, and Its Inhabit- ant to build and construct, extend and Improve sewers and a sewer outlet and purifying plant in and for said City, and It is necessary that the cost thereof, to the amount of $1,995,000, be now pro- vided for by the Issuance of bonds payable from the proceeds of taxes levied on all the taxable property in said City as authorized and per- mitted by Section 396.22 of the Code of Iowa, 1966, but it Is neces- sary to first provide for notice and hearing in the manner and form required by Chapter 23 of the Code of Iowa; NOW, THEREFORE, BE IT Re- solved by the City Council of the City of Dubuque, Iowa, as follows: Section 1. That this Council meet at the Council Chambers in the City Hall in said City on the 26th day of August, 1968, at 7:30 o'clock P.M., Central Daylight Saving Time, at which time and place proceedings will be insti- tuted and action tsken for the Issuance of $1,995,000 Sewer Bonds for the purpose of paying the cost, to that amount, of huilding and constructing, extending and im- proving sewers and a sewer outlet and purifying plant In said City. Section 2. The City Clerk is hereby directed to give notice of proposed action for the Issuance of said honds, setting forth the amount and purpose thereof, the time when and place where said meeting will be held, by puhlica. tion at least once not less than fifteen (15) days before said meet- ing, in the "Telegraph-Herald", a newspaper published and having a general circulation within said City. Said notice shall be in sub- stantially the following form: NOTICE OF MEETING FOR ISSUANCE OF SEWER BONDS The City Council of the City of Dubuque, in Dubuque County, Iowa, will meet on the 26th day of August, 1968, at the Council Chamhers in the City Hall, Dubu- que, Iowa, at 7:30 o'clock P.M., Central Daylight Saving Time, for the purpose of instituting proceed- ings and taking action for the Issuance of $1,995,000 Sewer Bonds of said City, bearing Interest at a rate or rates not exceeding five per cent (5%) per annum, for the pur- pose of defraying the cost, to that amount, of building and construc- ting, extending and Improving sewers and a sewer outlet and purifying plant in and for said City. At any time before the date of said meeting a petition or petitions setting forth ohjectlons thereto may he filed In the office of tbe City Clerk as permitted by law. By order of the City Council August 5, 1968. Leo F. Frommelt City Clerk Section 3. That all resolutions or parts thereof in conflict herewith be and the same are hereby re- Regular Session. August 5, 1968 pealed, and this resolution shall be effeetive forthwith upon its passage and approval. Passed and approved August 5, 1968. Walter A. Pregler Presiding Officer Pro Tem Attest: Leo F. Frommelt City Clerk Recorded August 5, 1968. Leo F. Frommelt City Clerk Councilman Couchman moved adoption nf the resolution. Second- ed by Councilman Meyers. Carried by the following vote: Yeas---Presiding Officer Pro Tom Pregler, Councilmen Couchman, Meyers, Schultz. Nays-None. Absent-Mayor McCauley. RESOlUTION NO. 347-4í8 AuIiIorizlnsr the condemnation of certein ...rcels of real astate In the Downtown u.- Reuw. II Prelect, _. R-15. WHEREAS, under date of July 26, 1967, the City of DlIhuque and the United States of America en- tered Into a Loan and Capital Grant Contract for the undertsk- ing of the Downtown Urhan Re. newal Project, Iowa R-15; and WHEREAS, the City of Dubuque pursuant to such contract and to implement the Urban Renewal Plan for the Project Area deems it necessary and in the public in- terest that the property hereinaf- ter described be acquired; and WHEREAS, all attempts hy the Department of Urban Renewal of the City of Duhuque to negotiate with the owners for the purchase of the following described prop- erty have failed; now therefore BE IT RESOLVED by the Coun- cil of the City of Dubnque, Iowa Section 1. That the following de- scribed real estate owned hy the persons Indicated, be and the same mould be acquired to implement the Urban Renewal Plan for the Downtown Urhan Renewal Proj- ect, Iowa R-15. OWNER-F. M. Jaeger Hardware Company PROPERTY DESCIUPTION - Lot 5 in "Plat of Weigel'. Subdivi. m <ion of City Lot 180 and the South 11 feet of City lA>t 179 in the City of Dnbuqne, 10,"," accnrding to the United States Commissioners' Map and the re- corded plat thereof. (Parcel 8-9) OWNER-Edmund G- Gartner and Odelia 1. Gartner, Daniel T. Gartner and JCarton Gartner, George C. Gartlle'r and Elizabeth L. Gartner PROPERTY DESCRIPTION-Lots 2, 3, and 4 in "Weigel's Subdi- vision of City Lot 189 and the South 11 feet of City Lot 179 in the City of Dubuque,N and the Westerly one.half of a tract des- ignated "Waterway 3112 feet wide by 75 feet long" on Plat of said Subdivision, recorded Ú1 Book of Plats page 227 records of Dubuque, County, Iowa. (Par- cel 8-10) OWNER-Frank Berwanger Boiler Shop, Inc. PROPERTY DESCRIPTION - Northerly 29 feet 7 incbea of Lot 240 Ú1 the Town (now City} of Dubuque, Iowa, according to the United States Commission. er's Map of the survey of said Town of Dubuque. (Parcel 1(1-8) OWNER-Mae Berwanger PROPERTY DESCRIPTION - South 25 feet 2 Inches of the North 26 feet 1 inch of Lot 239 in the Town, now City of Duhuque, Iowa, according to the recorded PIat thereof. Section 2. That the Director of the Department of Urban Renewal for the City of Dubuque, Iowa, he and he is hereby direeted to cause condemnation proceedings he in- stituted as is provided by law to acquire said rea! estate hereinbe- fore described, and the said DI- rector of the Department of Ur- han Renewal is hereby authorized to do any and an things necessary and requisite to such condemna- tion proeeedings. Passed, appraved and adapted this 5th day of August, 1JI68. Walter A. Pregler Presiding Offieer Pro Tem Donald R. Meyers Gaylord M. ClNChman Counc:ilmea Attest: Leo F. Frommelt City Clerk II: I .,> GRANTOR--Jane A. Milson Lyons and Mary B. Chalmers, Trustees; William K. Stevens and Anne Stevens; Mary B. Chalmers and Edward L. Chalmers; William B. Witmer and Natalie Witmer; Edgar B. Witmer and Harriette Witmer; Kate W. Bradley; Wil- liam Bradley Lewis and Grace Lewis; Elizabeth Lewis Nohle; Margaret Lewis Madsen and Donald Madsen; and Geoffrey C. Bain, Trustee. Deed dated May 28, 1968- Recorded in Book 196, page 211. PROPERTY DESCRIPTION - An undivided one-third interest in Lot 146 and the Southerly 11.2 feet of Lot 147, in the City of Dubuque, Iowa, according to the United States Commissioners' Map of the Town of Duhuque, Iowa. (Parcel 3-5) GRANTOR-Mary Louise Bradley Chalmers and Edward L. Chal- mers; Kate W. Bradley; William K. Stevens and Anne Stevens; Jane Milson Lyons and Mary B. Chalmers, Trustee; Willi am Bradley Witmer and Natalie Witmer; Edgar Bradley Witmer and Harriette Witmer; Geoffrey C. Bain, Trustee; William B. Lewis and Grace Lewis; Eliza- beth Lewis Noble; and Margaret Lewis Madsen and Donald Mad. sen. Deed dated May 28, 1968. Recorded in Book 196, Page 215. PROPERTY DESCRIPTION -The North 25 feet of Lot 174 and the Middle 22'" feet of Lot 174 in the City of Dubuque, Iowa, according to the United States Commissioners' Map thereof. (This property is somettmes de- scribed as the North 47 feet of Lot 174 in the City of Dubuque, Iowa, according to the United States Commissioners' Map there- of.) (Parcel No. 5-13) GRANTOR-Mary Louise Bradley Chalmers and Edward L. Chal- mers; Kate W. Bradley; William K. Stevens and Anne Stevens; Jane Milson Lyons and Mary B. Chalmers, Trustee; William Brad- ley Witmer and Natalie Witmer; Edgar Bradley Witmer and Har- riette Witmer; Geoffrey C. Baln, Trustee; William B. Lewis and Grace Lewis; Elizabeth Lewis Noble; and Margaret Lewis Mad- sen and Donald Madsen. Deed dated May 28, 1968. Recorded in Book 196, Page 221. PROPERTY DESCRIPTION - Lot 176A in the City of Dubuque, Iowa, according to the United States Commissioners' Map there- of. (Parcel No. 5-10) Section 2. That the recording of the respective deeds of conveyance of title in the office of the Record. er in and for Duhuque County, Iowa, is hereby ratified. Section 3. That the City Clerk he and he is herehy authorized and directed to file a copy of this Resolution in the office of the Re- corder in and for Dubuque Coun- ty, Iowa. Passed, approved and adopted this 5th day of August, 1968. Walter A. Pregler Presiding Officer Pro Tem Donald R. Meyers Gaylord M. Couchman Councilmen 428 Regular Session, August 5, 1968 Regular Session, August 5, 1968 Presiding Officer Pro Tem Preg- ler moved adoption of the resolu- tion. Seconded hy Councilman Meyers. Carried by the following vote: Yeas - Presiding Officer Pro Tem Pregler, Councilmen Couch- man, Meyers. Nays-Councilman Schultz. Absent-Mayor McCauley. RESOLUTION NO. 348-68 Accepting delivery of deeds for the Downtown Urbln RenewII Project, lowl R.15. WHEREAS, under date of July 26, 1967, the City of Dubuque and the United States of America en- tered into a Loan and Capital Grant Contract for the undertak. ing of the Downtown Urban Re- newal Project, Iowa R-15; and WHEREAS, the City of Du- huque, pursuant to authorization and direction of said Loan and Capital Grant Contract, has ac- quired for the public purpose of implementing and facilitating the Downtown Urhan Renewal Project, Iowa R-15, certain parcels of real estate by purchase; now therefore BE IT RESOLVED by the City Council of the City of Dubuque, Iowa: Section 1. That delivery of deeds to the City of Dubuque for the following described parcels of real estate in the Downtown Urhan Re- newal Project, Iowa R-15 is hereby ratified and accepted by the City of Duhuque. GRANTOR-Katharine F. Ruchte, deed dated July 24, 1968, re- corded in Book 196, page 340. PROPERTY DESCRIPTION - The South 30 feet of Lot 32 in the City of Dubuque, Iowa, ac- cording to the United States Commissioners' Map of the Town (now City) of Dubuque, Iowa. (parcel No. 2-3) GRANTOR - Kate B. Lacy and Robert W. Clewell, Co-Conserva- tors, deed dated June 14, 1968, recorded in Book 196, page 209. PROPERTY DESCRIPTION - The Undivided Two.thirds inter- est in Lot 146 and the Southerly 11.2 feet of Lot 147 In the City of Dubuque, Iowa, according to the United States Commission- ers' Map of the Town of Du- buque, Iowa. (parcel No. 3-5) Attest: Leo F. Frommelt City Clerk Presiding Officer Pro Tem Preg- ler moved adoption of the resolu- tion. Seconded hy Councilman Meyers. Carried by the following vote: Yeas - Presiding Officer Pro Tem Pregler, Councilmen Couch- man, Meyers. Nays-Councilman Schultz. Absent-Mayor McCauley. August 5, 1968 To the Honorable Mayor and City Council Gentlemen: I hereby suhmit the attached Sheet No.1 inclusive sbowing a schedule of the proposed valua. tlons and assessments for the City of Dubuque 1968 Diane Court San- itary and Storm Sewer Suhmitted August 5, 1968. Respectfully submitted, John L. White City Engineer Presiding Officer Pro Tem Preg- ler moved that the communication be received and filed. Seconded hy Councilman Meyers. Carried hy the following vote: Yeas - Presiding Officer Pro Tem Pregler, Councilmen Couch- man, Meyers, Schultz. Nays-None. Absent-Mayor McCauley. RESOLUTION NO. 349-68 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE, IOWA: Section 1. That the attached Sheet No.1 inclusive is hereby de- termined to be the schedule of proposed assessments for the City of Dubuque 1968 Diane Court San- itary and Storm Sewer and the valuations set out therein are here- hy approved. Walter A. Pregler Presiding Officer Pro Tem Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Councilman Meyers moved adop- tion of the resolution. Seconded hy Councilman Couchman. Carrièd by the following vote: Yeas - Presiding Officer Pro Tem Pregler, Councilmen Couch- man, Meyers, Schultz. Nays-None. Ahsent-Mayor McCauley. RESOLUTION NO. 350-68 PRELIMINARY Estimate and ap- proval of plans, specifications, form of contract, plat and all other doc- uments for the construction of Diane Court Sanitary and Storm Sewer 1968, at an estimated cost of $7,210.48, presented and read. Presiding Officer Pro Tem Preg- ler moved adoption of the resolu- tion. Seconded hy Councilman Couchman. Carried hy the follow- ing vote: Yeas - Presiding Officer Pro Tem Pregler, Councilmen Couch- man, Meyers, Schultz. Nays-None. Ahsent-Mayor McCauley. (Necessity for Improvement) RESOLUTION NO. 351-08 WHEREAS, proposed plans, spe- cifications, form of contract, plat and schedule have been duly pre- pared and approved by the City Council of the City of Duhuque and are now on file in the office of the City Clerk showing among other things the following: 1. The size and kind of sewers. 2. An estimate of the cost of the proposed tmprovement, stating the 429 430 Regular Session, August 5, 1968 same for each different type of construction and kind nf material to be used Construction of the Diane Court Sanitaly and Storm Sewer-1968 BE IT THEREFORE RESOLVED ' that the City Council on its own motion or upon petition of prop- erty owners, deems it advisable and neeessary for the public wel- fare to make the herein mentioned improvement, and unless property owners at the time of the final ooosideration of this proposed res- olution have on file with the City Clerk objeetioos to the amount of the proposed assesamenl3, they shall be deemed to have waived all objections thereto. Said ImprovemeDt shall be con- structed and done in accordance with the plans and specifications which have been prepared therefor by the City Engineer which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense nf making said improv-ement will be assessed upon and against all privately owned property lying within assessable distance provided hy law and in an amount not to exceed the amount provided hy taw, property wffi be assessed whether the same abuts thereon or Is adjacent thereto according to area and in proportion to the special benefits conferred thereby, and any deficiency shall be paid out of the sewer funds. Sewer Bonds shall he issued and sold in anticipation of deferred psyments of assessments when a contract has been performed and accepted and the proceeds thereof used to pay the contractor. The railway portion of any street or assessment district shall be assessed to and paid by the railway company. The above resolution was intro- duced, approved and ordered placed on file with the City Clerk this 5th day of August, 1968. Approved and placed on file for final action. Walter A. Pregler Presiding Officer Pro Tern Merlin F- Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt Citr aer!t Presiding Officer Pro Tem }'reg- Ier moved appraval of the resolu- tion. Seconded by Councilman Couchman. Carried by the follow- 1ng vote: Yeas - PresIding Offl- Pro Tem Pregler, Councilmen Couch- man, Il.,.ers, Schula. Nays-None- Absent-Mayor McCauley. (Fixing date of honing) RESOLUTION NO. 352-68 WHEREAS, the City Council of the City of Dubw¡ue, Iowa, has by Resolution No. 350-68 gi.vea its pre- liminary approval on the proposed plans, specificatioDs and furm of contract and placed same on file in the office nf the City Clerk for puhlic inspection, for the Construc- tion of the DUme Court Sanitary and Storm Sewer. 1968 and, WHEREAS, the proposed 'tesoll1' tlon of Necessity for said improVe- ment has been introduced and is now on file in the City Clerk's office for public inspection, BE IT THEREFORE RESOLVED that on the 3rd day of September, 1968, a public hearing will be held at 7:30 o'clock P.lIL, DST in the Council Chamber in the City of Dubuque at which time the owners of property subject to assessment for the proposed improvement may appear and make objection to the ]JI'OpOSed plans and specifi- cations and proposed form of con- tract and at the same time to the boundaries of the proposed dis- trict, to the cost of the improve- ment, to the amount proposed to be assessed against any lot and to the passage of the proposed Be.so. lution of Necessity and the City Clerk be and he is hereby direded to cause a notice of the time and place of such hearjng to be pub- lished in some newspaper publish- ed in the city of Dubuque, the last of which shall be not less than two (,2) nor more than (4) weeks prior to the day fixed for its eonsidera- tlon and unless property owners at the time of final consideration of said resolution haYe on file with the clerk objections to the amount of the proposed assessment, they shall have been deemed to have waived all ohjections thereto, at which laearlng the Cou:nd1 will Regular Session, August 5, 1968 hear such objections and enter on record its ÍlIlal decision thereon. Passed, adopted and approved this 5th day of August, 1968. Walter A. Pregler Presiding Officer Pro Tom Merlin F. Sehultz Donald R. Meyers Gaylord M- Couchman Councilmen Attest: Leo F. Frommelt City Clerk Presiding Officer Pro Tam Preg- ler moved adoption of the resolu- tion. Seconded by CounciJman III.,..... Carried bJ the following vote: Yeas - Presiding Officer Pro Tem Pregler, Councilmen Couch- man, Meyers, Schultz. Nays-None. Absent-J4ayOl' McCauley. August 5, 1968 l1o00rah1e Mayor and Council Members Gentlemen: The City Planning and Zoning Commission bas reviewed' a final plat for IA>ts 19-25 incl. Block 4, Lots 3-14 incl. Block 8, Lots 5-13 Block 9, Lots 3-21 incl. Block 10 all in Sunset Park Subdivision in the City of Dubuque, Iowa. The Commission has found that the plat meets the minimum re- quirements of the subdivision regulations and is in conformance with the master plan of this area. n is the recommendation of the Commission that the plat be ap- proved. Respectfully suhmitted, Planning and Zoning Commlsston Don Gilson Director of Planning Presiding Officer Pro Tem Preg- ler moved that the communication be received and filed. Seconded by Councilman Schultz. Carried by the following vote: Yeas - Presiding Officer Pro Tem Pregler, Councilmen Couch- man, Meyers, Schullz. Nays-None. Absent-Mayor McCauley. 431 RESOLUTION NO. 353-68 R_lutlon APPROVING t h . PLAT of 81ocks 4, 8, 9 and 10 of SUNSET PARK SUBDIVIS- ION in IfIa City of Dubuque, Iowa Whereas, there has heen filed with the City Clerk a plat in which: Lot A Block 9 SUnset Park Sub- division, that part of Lot 2 of Lot 1 of Lot 1 nf Mineral Lot 452 lying in the Northeast One Quarter (NE!4) of the Southeast One Quarter (SE¥o) of Section 16, Township 89 North, Range 2 East of the Principal Meridian, and Lot 1 of Mineral Lot 454 all in the City of Duhuque, Iowa is platted as Lots 19 through 25, Block 4; Lots 3 through 14, Block 8; Lots 5 through 13, Block 9, and Lots 3 through 21, Block 10 Sunset Park Subdivision in the City of Dnbuque, Iowa by Schiltz Development Corpora. tIon as Owner thereof; and Wher"as said plat has been ex- ;unined by the City P1an Com- mission and approved by said body; and Whereas upon said plat appears streets to be known as "Ogle Street" and "Dove Street" and "SUnset Park Circle" and also easements for public utilities which the Owner upon said plat has dedicated to the public for- ever; and Whereas, said plat has heen found by the City Council to con- form to the Statues and Ordin- ances relating thereto exeept that the streets have not been reduced to grade or paving, sewer or water services, or sidewalks installed therein; NOW, THEREFORE, Be It Re- solved by the City Council of the City of Dubuque, Iowa: Section 1. That the dedication of Ogle Street, Dove Street, and SUnset Park Circle, together with the easements for publle utilities all as the same appears upon said plat, he and the same are hereby accepted and that said streets be and they are berebJ estahIished as public streets in the City of Dubuque: structlon and maintenance at the expense of the Owner. j. To construct said Improve- ments except sidewalks prior to November 30, 1969. k. To construct sidewalks prior to November 30, 1970. and further provided that Schiltz Development Corporation as Owner of said Subdivision secure the performance of the foregoing con- ditions by providing security in such sums and with such sureties as may be acceptable to the City Manager; Sedion 3. That in the event Schiltz Development Corporation shall fail to execute the acceptance and provide security provided for in Section 2 hereof within forty- five (45) days from 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 he effective. Passed, adopted and approved by recorded roll call vote this 5th day of August, A.D., 1968. Walter A. Pregler Presiding Officer Pro Tem Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk To Leo F. Frommelt, City Clerk: This Is to certify that the secur- Ity reqnired for the foregoing Resolution 353-68 has been pro- vided by the Owner. Dubuque, Iowa, August 19, 1968 Gilbert D. ChaveneU.. City Manager ACCEPTANCE OF RESOLUTION NO. 353-68 Schiltz Development Corporation having read the terms and con- ditions of the foregoing Resolu- tion 353-68 and being familiar with the contents thereof, hereby ac- cepts the same and agrees to per- form the conditions therein reo quired. August 6, 1968. SCHILTZ DEVELOPMENT CORPORATION J. G. Schiltz, President L. J. Schiltz, Secretary Dated August 6, 1968. 432 Regular Session, August 5, 1968 Section 2. That the plat of Lot A Block 9 Sunset Park subdivision, that part of Lot 2 of Lot 1 of Lot 1 of Mineral Lot 452 lying In the Northeast One Quarter (NEV.) of I the Southeast One Quarter (SEV.) of Section 16, Township 89 North, Range 2 East of the 5th Principal Meridian, and Lot 1 of Mineral Lot 454, all in the City of Dubu- que, Iowa, is herehy approved and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque upon said plat pro- viding the Owner of said property hereinbefore named, executes written acceptance hereto attach- ed, agreeing: a. To reduce Ogle Street, Dove Street and Sunset Park Circle to grade as shown by the profiles submitted with the plat; h. To surface Ogle Street, Dove Street and Sunset Park Circle for a width of 30 feet with 8" Rolled Stone Base, or 4" Bituminous Base, 2,"," As- phaltic Concrete Surfacing and with Concrete CUrb and Gutter. All of the foregoing shall be constructed accord- ing to the latest City of Du- buque Specifications. c. To install sidewalks on both sides of Ogle Street, Dove Street and Sunset Park Circle In accordance with the City of Dubuque Standard Speci- fications for Permanent Side- walks. d. To Install water mains in accordance with plans sub- mitted with the plat. e. To Install sanitary sewers and storm sewers In accord- ance with plans submitted with the plat. f. To install sanitary sewer and water house laterals for each lot to behind the property line. g. To construct the foregoing Improvements for a period of four (4) years from the date of their acceptance and to maintain the water mains and sanitary sewers for a period of four (4) years from the date of Its acceptance. i. To provide the forgoing con- Regular Session, August 5, 1968 Presiding Officer Pro Tem Preg- ler moved adoption of the resolu- tion, subject to final approval hy the City Engineer. Seconded hy Councilman Schultz. Carried hy the following vote: Yeas - Presiding Officer Pro Tem Pregler, Councilmen Couch- man, Meyers, Schultz. Nays-None. Absent-Mayor McCauley. RESOLUTION NO. 35"-'8 BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the following having compiled with the provisions of law relating to the sale of Cigar- ettes within the City of Dubuque, Iowa, he granted a permit to sell Cigarettes and Cigarette Papers within said City. Gerald G. Pregler, 306 Main Street BE IT FURTHER RESOLVED that the honds filed with the appli- cation be approved. Passed, adopted and approved this 5th day of August, 1968. Walter A. Pregler Presiding Officer Pro Tem Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Councilman Couchman moved adoption of the resolution. Second- ed by Councilmen Meyers. Carried by the following vote: Yeas - Presiding Officer Pro Tem Pregler, Councilmen Couch- man, Meyers, Schultz. Nays-None. Ahsent-Mayor McCauley. RESOLUTION NO. 3S5-68 WHEREAS, applications for Beer Permits have been suhmitted to this Council for approval and the same have been examined: NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the following applica- tions be granted and licenses issued upon the compliance with the terms of the ordinances of the City. 433 CLASS "B" BEER PERMIT Ramona Fettgather, 1103 Iowa Street Creslanes Bowling, Inc., 255 South Main Street Alhert J. Ney, 1842 Central Ave- nue Riverside Bowling, Inc., 1860 Haw- thorne Street John Cavanaugh, 698 Central Ave- nue CLASS "C" BEER PERMIT Vincent Ginter, 3003 Asbury Street Passed, adopted and approved this 5th day of August, 1968. Walter A. Pregler Presiding Officer Pro Tem Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Councilman Meyers moved adop- tion of the resolution. Seconded by Councilman Schultz. Carried hy the following vote: Yeas - Presiding Officer Pro Tem Pregler, Councilmen Couch- man, Meyers, Schultz. Nays-None. Ahsent-Mayor McCauley. RESOLUTION NO. 356-68 WHEREAS, applications for Beer Permits were filed by the within named applicants and they have received the approval of this Coun- cil, and WHEREAS, the premises to be occupied by such applicants were inspected and found to comply with the ordinances of this City and they have filed proper bonds: NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the Manager be and he is hereby directed to issue to the following named applicants a Beer Permit. CLASS "B" BEER PERMIT Ramona Fettgather, 1103 Iowa Street Creslanes Bowling, Inc., 255 South Main Street Alhert J. Ney, 1842 Central Ave- nue 434 Regular Session, August 5, 1968 Riverside Bowling, Inc., 1860 Haw- thorne Street John Cavanaugh, 698 Central Ave- nue CLASS "C" BEER PERMIT Vincent Ginter, 3003 Asbury Street BE IT FURTHER RESOLVED that the bonds filed by such appli- cants be and the same are hereby approved. Passed, adopted and approved this 5th day of August, 1968. Walter A. Pregler Presiding Officer Pro Tern Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Presiding Officer Pro Tem Preg- ler moved adoption of the resolu. tion. Seconded by Councilman Meyers. Carried by the following vote: Yeas - Presiding Officer Pro Tem Pregler, CouncIlmen Couch- man, Meyers, Schultz. Nays-None. Absent-Mayor McCauley. RESOLUTION NO. 357~8 WHEREAS, applications for Liquor Permits have been sub- mitted to this Council for approval and the same have been examined, NOW THEREFORE BE IT RE- SOLVED, by the City Council of the City of Dubuque, Iowa, that the following applications be granted and licenses issued npon the compliance with the terms of the IOWA LIQUOR CONTROL ACT--CHAPTER 1~ amended by the 60th Genentl Assembly, 1!163. CLASS "C" COMMERCIAL EST ABLlSMMENT Melvin A. Spiegelhalter, 1029'h Main Street Passed, adopted and approved this 5th day of Augnst, 1968. Walter A. Pregler Presiding Officer Pro Tem Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F- :Frommelt City Clerk Councilman Couchman moved adoption of the resolution- Second- ed hy Councilman Meyers. Carried hy the following vote: Yeas - Presiding Officer Pro Tem Pregler, Councilmen Couch- man, Meyers, Schultz. Nays-None. Absent-Mayor McCauley. RESOLUTION NO.3- WHEREAS, applications for Liquor Permits were filed by the within named applicants and they have received the approval of this Council, and WHEREAS, the premises to be occupied by sueh applicants were inspected and found t" comply with the State Law and all City ordinances relevant thereto and they have filed proper bonds; NOW THE1Å’FORE BE IT RE- SOLVED by the City Council of Dubuque, Iowa, that the Manager be authorized to eause to be issued to tbe following named applicants a Liquor Permit. CLASS "C" COMMERCIAL ESTABLISHMENT Melvin A. Splege1ha¡ter, 1029". Main Street Passed, adopted and approved this 5th day of August, 1968. Walter A. Pregler Presiding Officer Pro Tem Merlin F. Schultz Donald R. Ml>yers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Presiding Officer Pro Tem Preg- ler moved adoption of the resolu- tion. Seconded by Councilman Meyers. Carried by the following vote: Yeas - Presiding Officer Pro Tem Pregler, Councilmen Couch. man, Meyers, Schultz. Nays-None. Absent-Mayor M£Cauley. Councilman Couchman moved , that the meeting he adjourned to I Monday evening, September 16, I 1968 at 7:30 P.II. (D.s.T.} in the I Council Chamber at the City Hall. Regular Session, August 5, 1968 Seeonded by Councilman Meyers. Carried by the following vote: Yeas - Presiding Officer Pro Tem Pregler, Councilmen Couch- man, Meyers, Schul1%. Nays-None. Absent-Mayor McCaule,.. Leo F. Frommelt City Clerk. 43S Approved ..............................1968. Adopted ..................................1968. ............................,.......-...-....-.....--...-....-. .............................-..-.....................----...-..-..... -.................................-...........................-.-.......... --"'-""'-"'-""""""""""'ëöüñëïiïiieñ"""'- Attest: """"ëiï7--'~t"""-"""""'" 436 Special Session, August 12,1968 Special Session, August 12, 1968 437 CITY COUNCIL OFFICIAL Special Sassion, August 12, 1968. Council met at 7:30 P.M. (D.S.T.) Present-Councilmen Couchman, Meyers, Pregler, Schultz. City Man- ager Gilbert D. Chavenelle. Absent-Mayor McCauley. Councilman Meyers moved that Councilman Pregler be elected to serve as Presiding Officer Pro Tem of the meeting. Seconded by Coun. cilman Couchman. Carried by the following vote: Yeas - Councilmen Couchman, Meyers, Schultz. Nays-None. Ahsent-Mayor McCauley. Presiding Officer Pro Tem Preg- ler read the call and stated that service thereof had heen duly made and this meeting Is called for the purpose of CONDUCTING A PUB- LIC HEARING ON THE BUDGET ESTIMATE OF EXPENDITURES FOR THE YEAR 1969, and acting upon such other business as may properly come hefore a regular meeting of the City Council Councilman Meyers moved that the proof of publication be received and filed. Seconded by Presiding Officer Pro Tem Pregler. Carried by the following vote: Yeas - Presiding Officer Pro Tem Pregler, Councilmen Couch- man, Meyers, Schultz. Nays-None. Ahsent-Mayor McCauley. Communication of Dubuque Pro- fessional Fire FIghters Assn. L0- cal 353 expressing dissatisfaction with the proposed 4.2% pay raise for 1969 presented and read. Pre- siding Officer Pro Tem Pregler moved that the communication be received and filed. Seconded by Councilman Meyers. Carried by the following vote: Yeas - Presiding Officer Pro Tem Pregler, Councilmen Couch. man, Meyers, Schultz. Nays-None. Absent-Mayor McCauley. Communication of Dubuque City Employees Local No. 228 objecting to the proposed 4.2% wage increase for 1969, because it is insufficient to meet the needs of its members, presented and read. Presiding Of- ficer Pro Tem Pregler moved that the communication be received and filed. Seconded hy Councilman Meyers. Carried hy the following vote: Yeas - Presiding Officer' Pro Tem Pregler, Councilmen Couch- man, Meyers, Schultz. Nays-None. Absent-Mayor McCauley. Communication of Duhuque Po- licemen's Protective Assn. request- ing to he heard on the suhject of wages, at the Council meeting, presented and read. Presiding Of- ficer Pro Tem Pregler moved that the communication he received and filed. Seconded by Councilman Meyers. Carried by the following vote: Yeas --., Presiding Officer Pro Tem Pregler, Councilmen Couch. man; Meyel"s, Schultz. Nays-None. Absent-Mayor McCanley. Communication of Chamher of Commerce Tax Study Committee recommending adoption of the 1969 Budget as presented heing worthy of community support, pre- sented and read. Presiding Officer Pro Tem Pregler moved that the communication he received and filed. Seconded by Councilman Meyers. Carried by the following vote: Yeas - Presiding Officer Pro Tem Pregler, Councilmen Couch- man, Meyers, Schultz. 'I Nays-None. Ahsent-Mayor McCauley. I Presiding Officer Pro Tem Preg. ler moved that the rules be sus- pended in order to let anyone present address the Council if they so desire. Seconded by Coun. cllman Schultz. Carried by the fol- lowing vote: Yeas - Presiding Officer Pro Tem Pregler, Councilman Couch- man, Meyers, Schultz. Nays-None. Ahsent-Mayor McCauley. T. R. Rettenmeier President nf the Dubuque Policemen's Protec. tive Ass'n stated that the proposed 4.2% wage hike is not adequate for the needs of the Policemen. He also requested that considera- tion be given for granting the Po- licemen four weeks vacation for those with fifteen years of service and also that they be given seven BUOGET ESTIMATE AND RECORD OF FILING Town and City Estimate NOTICE - The City Cooncll of Dubuque of Dubuque County, low,", will meet Auo"'t 12, '968, at "" P.M., Dayll.ht SaYing TIme, at City Hall. Taxpayon will be hea'" to, 0' a.alnst the tollowln. estimate of expendltu.... to, the yea, beginning Jan...-y " ,.". A detailed ,tatement of ..eelo" and dl""'nemen", both ...t and antIcipated will be ayallable at the hmln.. Leo F. F,ommelt Q.fyJI..k. ~ Q Z ~ i~~ I Ex,rcf.!'D~¡~~ESI ;;~.: --1- ,~. . . È 8 ~ ~ ---=-----:- 1;= a!~¡g !.þ: -~.,~ !H~ !!:!8.: u;';; i=~g ~Å¡~-I :11~g Å¡=d ::~~ '¡¡.!I.~ !! ,,!! holidays the same as the rest of the City employees. Joe Melssen of the Firefighters stated that their position has not changed in requesting a suhstantial across the board increase. Mr. George Parks, husiness agent for the street department wOrkers reo quested a thirty cents per hour increase. Mr. Wm. Ohnesorge bar. gaining agent for the Water De- partment employees requesting a $75. per month Increase across the hoard. Mr. James Gruber of 1860 Bristol Drive made inquiry as to the status in the budget proposed for the swimming program. Mr. Melssen, Mr. Parks, Mr. Ohnesorge and Mr. Rettenmeier all agreed to keep negotiations open. AuguSt 1, 1968 To the Honorable Mayor' and City Council Gentlemen: Attached hereto is a list of par- cels of real estate, within the City Limits, consisting of ten acres or more which would be eligihle for taxation as agricultural land. Also attached are the applica. tions for execption as filed and applied for by the property owners that have ten acres of land or more, in one piece, or parcel, within the City Limits. These prop- erty owners, by filing the applica- tions, certify that the land is heing used for agricultural or horticuI' tural purPoses, and are entitled to tax exemption as provided hy law. A copy of the attached list should be filed in the office of the County Auditor at the time of the filing of the hudget. Respectfully suhmitted, Gilbert D. Chavenelle City Manager Councilman Meyers moved that the list he approved. Seconded hy Councilman Couchman. Carried by the following vote: Yeas - Presiding Officer Pro Tem Pregler, Councilmen Couch- man, Meyers, Schultz. Nays-None. Absent-Mayor McCauley. RESOLUTION NO. 359-68 WHEREAS, the Council of the City of Dubuque, Iowa, caused to be prepared and published as pro- II II t 438 Special Session, August 12, 1968 Specla] Session. August 12, 1968 439 rided by law, the BUDGET ESTl- MATE OF EXPENDITURES for the fiseal year heginDing Jamw-y 1. 1969 and eDdiog December 31. 1969. and the bearing upon said Budget Eltimate was fixed for the 12th day of August, 1968, lit 7:30 o'eloelt P-I!. D8ylight Saviog TIme, in the Council Chamber at the Cit;,. Hall; and WHEREAS, this being the time and place for said bearing, said BUDGET ESTIMATE was taken up for final CODSlderation by the CÐ1meil and all parties in interest have been given an opportunity to be heard for or against said Bud- get_. NOW THEREFORE BE IT RE- SOLVED by the City Coune:I'l for the City of Dubuque, Iowa: That the Budget Estimate of Expenditures for the fiscal year heginning January 1, 1969 and ending December 31, 1969 here- tofore prepared and published he and the same is bereby finally ap- proved and adopted and the Mayor and CIerk "'" directed to certify the same to the County Auditor of Dubuque Couuty, Iowa, together with a verified proof of publica- tion and the notice of hearing upon said Budget Estimate. Be It Further Resolved, that the taxes required to be collected In the year be and the same are hereby levied in the amounts of said Budget Estimate. Passed, adopted and approved this 12 day of August 1968. Walter A. Pregler Presiding Officer Pro Tem Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Councilman Couchman moved adoption of the resolution- Second- ed by Councilman Meyers. Carried by the following vote: Yeas - Preskling Officer Pro Tem Pregler, Couneilmen Couch- man, Meyers. Nays--Councilman Schultz. Absent-Mayor McCauley. RESOLUTION NO. 360-68 A Resolution establishing the tax levl.. for the year 1968, the _. to be colfectecl In t" ye.. I"". ..d .se. tor Municipal purpose of the City of Dubu_. _.. BE IT RESOLVED hy the Cit;y Council of the Cit;y of Dnbuque, Iowa: That there be and there Is hereby levied the taxes for Muni- cipal purposes for the ensuing year of 1969 the following num- her of mills on the dollar of all taxable property within the cor- porate limits of said City. 2.9500 mills General Fund L7078 mills Street Fund 12.0433 mills Public Safety FnDd 5.4168 mills Sanitation Fund 2..1007 mills Municipal Enter. prise Fund 3.9722 mills Recreation Fund 1.6658 mills UtIlities Fund .5004 mills Pollee Pension Fund 1.0743 DlIlls Police Retirement Fund .7505 mllis Fh'e PellSiDn FnDd 1.370'1 mills Fire Retirement Fund .4632 mills 1.P .E.R.S- Fund 3.5739 mills Debt Service Fund .9937 mills Emergency Fund .6731 mills Federal Social Security 39.2564 mills Total BE IT FURTHER RESOLVED that the 1.25 mills on the dollar is hereby levied upon all lots or parcels of land containing ten acres or more which are o<cnpied in good faith and used for agricul- tural or horticultural purposes. BE IT FURTHER RESOLVED that the Mayor and Clerk be and they are hereby directed to eertify the sums of money that the said tax levies will produce as shown by the Budget Estimate of Expen- ditures as adopted hy thia Council on the 12th day of August 1968, to the Auditor of Dubuque County on or before August 15, 1968. Passed, adopted and approved this 12th day of August 1968. Walter A. Pregler Presiding Officer Pro Tem Donald R. Meyers Gaylord M. Couchman Councilmen CoUIICibnaa Meye<S moved ado¡>- linn of the resoluti<ln. SecOÐ.<led by Presiding Officer Prø 'I'I!m Pregler- Carried by the followilog vote: Yeas - Presiding Officer Pro Tem Pregler, Co<onri1me.. Clnrc¡" man, Meyers. N"Y"'-Coum:ilma.. Scfmlt1 Absent-Mayor McCauley. Communication of Maym:'s In- dustriaf Committee of the Du!Juc que lndustrial Bureau submitting req- hy Berwanger Beiler Shop Inc" for purchase of approodmately one-half acre ill Block 6 River Front Sub. No.3 at the sale price of 2O1t per square foot, presented and read. Presiding OWcer Pro Tem Preg. Ie.- moved that the appllcatio& for purchase be approved and refeued to the City Manager and staff for proper proceedings. Seconded by Councilman Meyers. Carried by the following vote: Yeas - Presiding Officer Pro Tem Pregler, Councilmen Couch- man, Meyers, Schultz. Nays--None. Absent-Mayor McCaul.".. Environmental Engineering Service P. J. Houser, M.s., Chief August 7, 1968 Mr. Leo F. Frommelt City Clerk Dubuque, Iowa 52001 Attention: Honorable Mayor and Council Gentlemen: Enclosed is the report of a 10' cation survey of the site for a proposed expaÅ“ion 01 the munici- pal wastewater treatment fac:ili- ties. The report was prepared by JIr- M. V. Stephenson, Regional Engineer. You will note the site as de- scribed in the report is apprOT- able. Very truly yours, F. M. Evans Public Health Engineer Water Pollution Division Place, Dubuque, Iowa. Date: July 25, 1968. Report on Site Survey Wastewa- ter Treatment Plant Expansion. By M. V. Stephenson. Date of report August 5, 1968. Approved R. J. Schlickelman, Director. Attest: Leo F. Frommelt City Clerk A site ""'""~ far a proposed expansion of the wastewater treat- meDt facüit¥ for the City of Du- b- was conducted en the above date. Persons iDlerviewed tluring the survey were John Wbite.City Engineer, and Hugh Dalton, As- sistant City Etrgineer. I accompa- nied Jack Kilby, Consulting Engi- neer, Cullen-Schiltz & Associates, Dubuque, Ie> th& sire. The area surveyed Is west of the present plant site and lies betweeD Julie1t Dubuque Road on tire north ami the Dßnois Central Railroad on !he sontlr. The site is abov.. flood stage of tbe Mi'ssiss;pp; River am! adja<:ent Catfish Creek, ac- cording to the rocal officials. TWo homes are located approximately 2000 it. mor1tåwest of tile site, me home approximate\¡¡ 1200 ft. south aDd MI. Carmel Home _roori- mately 1100 ft. nortlleoot. As a part of the toW projeet, a di1Å“ È pl-d around the front of tile present pIam eooteadi:llg from the railroad grade to the hluff for flood protection. 'I'Dp of the cUke ;,; planned at an eleva- tioD nf approximately 5 ft. above the high water mark in the area. The eJriating plant outfall line will be used to conduct the treated waste directly to the Mississippi River. Approval of the above site is recommended for the proposed plant expansion. Respectfully submitted, M. V. Stephenson Regional Engineer Presiding Officer Pro Tem Preg- ler moved that the report be re- ceived and made a matter of rec. ord. Seconded by Councilman Meyers. Carried by the fuIIowing vote: Yeas - Presiding Officer Pro Tem Pregler. Councilmen Couch- man, Meyers, Schultz. Nays-None. Absent-Mayor McCaul~. Communication of Cole-Layer- Trumble Co. of Dayton, Ohio re- questing an opportunity to dis.uss their method and procedures In conducting an appraisal of all real property for tax equalization, pre- sented and read. Presiding Officer Pro Tem Pregler moved that the communication be received and filed. Seconded by Councilman 44() Special Session, August 12, 1968' Schultz. Carried by the following vote: Yeas - Presiding Officer Pro Tem Pregler, Councilmen Couch- man, Meyers, Schultz. Nays-None. , Absent-Mayor McCauley. August 8, 1968 To the Honorable Mayor and City Council Gentlemen: A request has been received from The Celotex Corporation for additional street lighting between Camp and Salina Streets. The area has been investigated and the following recommendations made: 1. Remove light at the S.W. cor. lIer of Camp and Salina. 2. Remove light, S.E. comer Sa- lina and Dodge. 3. Remove light, west side, in. tersection, Charter and Salina. , It is also recommended that 175 watt mercury vapor lights be in. stalled at the following locations: 1. S.W. corner, Camp and Salina. 2. Midway on Salina, between Camp and Charter. 3. West side of Intersection of Charter and Salina. 4. On pole on Salina, north of Celotex office. 5. On Salina on double pole transformer at track junction. 6. On S.W. corner of intersec- tion of Salina and Dodge. Respectfully requested, Gilbert D. Chavenelle City Manager Councilman Couchman moved approval of the recommendation. Seconded by Presiding Officer Pro Tem Pregler. Carried hy the fol- lowing vote: Yeas - Presiding Officer Pro Tem Pregler, Councilmen Couch- man, Meyers, Schultz. Nays-None. Absent-Mayor McCauley. August 8, 1968 To the Honorable Mayor and City Council The City Manager's Office issued a permit August 8 to the Amvets Auxiliary, Post No.3, Dubuque, for the annual White Clover Sale. The event was held Friday and Saturday, August 9 and 10. Council approval could not be sought In advance of the event be- cauSe the Amvets' letter of request was not received until the day hefore the event. It had mistaken- ly been sent to the mayor while he was on vacation. The city coun- cil has granted permits to the Amvets for this event in previous years. We regret the delay and hope this action meets with the coun- cil's approval. Respectfully suhmitted, Gilbert D. Chavenelle City Manager Councilman Meyers moved that the communication be received and filed. Seconded by Councilman Couchman. Carried by the follow- ing vote: Yeas - Presiding Officer Pro Tem Pregler, Councilmen Couch- man, Meyers, Schultz. Nays-None. Absent-Mayor McCauley. Printed Council proceedings for the months of March, April and May 1968, presented for approval. Councilman Couchman moved that the proceedings be approved as printed. Seconded by Presiding Of- ficer Pro Tem Pregler. Carried by the following vote: Yeas - Presiding Officer Pro Tem Pregler, Councilman Couch- man, Meyers, Schultz. Nays-None. Absent-Mayor McCauley. Communication of Spahn & Rose Lumber Co. informing the Council and the Planning & Zoning Com- mission of Its intention to utilize Lot 2 of Block 2 in Northrange Industrial Park for the purpose of using same for a retail lumber yard outlet, presented and reael. Presiding Officer Pro Tem Pregler moved that the communication he received and filed and a copy of same be sent to the Planning & Zoning Commission. Seconded by Councilman Meyers. Carried by the following vote: Yeas - Presiding Officer Pro Tem Pregler, Councilmen Couch- man, Meyers, Schultz. Nays-None. Absent-Mayor McCauley. Special Session, August 12, 1968 441 August 12, 1968 To the Honorable Mayor and City Council Gentlemen: I am submitting to you a letter elated August 12th received from Cletus Allen. I recommend the fees listed in the letter for the Sanitary Landfill, be approved. Respectfully, Gilbert D. Chavenelle City Manager August 12, ,1968 Mr. Gilbert D. Chavenelle, City Manager Dear Sir, With City Council and your per- mission, the following rates will be effective on Thursday, August 15, 1968 at the City of Dubuque Sanitary Landfill on Area C at the foot of East 16th Street. Schedule of Fee. for Senltary Landfill 1. Solid or inert material suit- able for cover material. Free 2. Any material hauled in non- commercial automohile, non- commercial trailer or non- commercial station wagon. Free 3. All garhage and refuse other than No.1 and No.2 above, fees will be as fol. lows: 2 cy to 5 cy truck or trailer 1.50 5 cy to 10 cy trucks or trailers 2.00 10 cy to 20 cy trucks or trailers and Ruhhish Packer Trucks 4.00 20 cy trucks or trailers and over 10.00 Commercial small trucks, trailers and station wagons .35 4. Any material hauled hy vehicle owned by the City of Dubuque, County, State of Iowa or Federal Govern- ment Free In lieu of the schedule of fees contained herein, the City Manager is authorized to issue a permit for the use of Public Landfill sites by any firm, person or corporation upon payment of a lump sum for quarterly or annual use. The pay- ment shall be equal to the amount which the City Manager may esti. mate to be equal to the fees which would have been paid had indi- vidual fees been paid for each use. He is also authorized to issue coupons or tickets which may he purchased in advance for later use of the sites. When In the judgement of the City CouncIl, special conditions exist surrounding the use of the Public Sanitary Landfill site, the application of the fees charged for the use of such site would be in- equitable and unfair either to the City or the user, the City Council may establish a special fee to apply to such users. Such special fees when adopted hy Resolution or Ordinance shall apply to all users of the site under like con- ditions. Hours of Operation 7 A.M. to 6 P.M. Monday thru Saturday Sundays Closed Sincerely yours, Cletus E. Allen Street Commissioner Presiding Officer Pro Tem Preg- ler moved approval of the fees. Seconded by Councilman Schultz. Carried by the following vote: Yeas - Presiding Officer Pro Tem Pregler, Councilmen Couch- man, Meyers, Schultz. Nays-None. Ahsent-Mayor McCauley. August 12, 1968 To the Honorable Mayor and City Council Gentlemen: I am submitting to you a letter of Mr. Allen dated August 5th which describes the work Mr. Karl Haltenhoff has done for the City in making plans for highway right- of-way beautification. It is requested that the City Council recognize Mr. Haltenhoff's work and contribution to the City. Respectfully, Gilhert D. Chavenelle City Manager Presiding Officer Pro Tem Preg- ler moved that a resolution he drawn in recognition of Mr. HaI- tenhoff's work in behalf of the City. Seconded hy Councilman Meyers. Carried hy the following vote: Yeas - Presiding Officer Pro Tem Pregler, Councilmen Couch- man, Meyers, Schultz. Nays-None. Absent-Mayor McCauley. 442 Special Session, August 12, 1968 Notice of claim nf Cass R. I from Jackson Street to a point 220 Kyle, in the amount of $91.00, for feet northeasterly of Washington car damage as the result of being Street and that portion of Wash- struck by a city garbage truck Ington Street lying between Tenth on July 26, 1968, presented and Street and Ninth Street In the read. Councilman Schultz moved City of Dubuque, Iowa, are no long- that the notice of claim be refer-- er needed for public purposes ex- red to the City Solicitor for in- cept for the public utilities located vestlgation and report. Seconded therein and that vacation thereof by Councilman Couchman. carried should be approved. by the following vote: NOW, THEREFORE, BE IT RE- Yeas - Presiding Officer Pro SOLVED BY THE CITY COUNCIL Tem Pregler, Councilmen Couch. OF THE CITY OF DUBUQUE, man, Meyers, Schultz. IOWA: Nays-None. Section 1. That the vacation of Absent-Mayor McCauley. that portion of Tenth Street from Notice of rental for sewer line Jackson Street to a point 220 feet submitted by Mr. and Mrs. Peter :~rtheasterlY o~ Washmgton :Street Erschen of 1450 Southern Avenue d tha~ portion of Washington at the rate of $2.00 per day since Street lyrng betwe";,, Tenth :Street 1960 also easement for sewer line and Nmth Street m the CIty of , d d Dubuque, Iowa, be and the same at $3.00 per foot, presente an is hereby approved subject to the read. conditions contained in ordinance Councilman Couchman moved vacating the aforesaid streets, be- that the Notice be referred to the ing Ordinance No. 52.68. City Solicitor for investigation and. . report. Seconded by Presiding Sechon :L That the City Clerk Officer Pro Tem Pregler. Carried be and he IS h~ebY ordered and by the following vote: ~:e::: ~~~r~:fc;;, o:.:te:.~ Yeas - Presiding Officer Pro tate as is by law required. Tem Pregler, Councilmen Couch- man Meyers Schultz. Section 3. That the City Clerk N~ys-No~e file a certified copy of said notice Absent-Ma~or McCauley. :~~I~/=:áu:o"t~ceW:~htllln'.'~~i~: of the Dubuque County Recorder and in the Office of the Dubuque City Assessor. Passed, adopted and approved this 12th day of August, 1968. Walter A. Pregler Presiding Officer Pro Tem Gaylord M. Couchman Merlin F. Schultz Donald R. Meyers Councilmen RESOLUTION NO. 361-68 WHEREAS, earadco Incorporat- ed has petitioned the City Council of the City of Dubuque, Iowa, to vacate that portion of Tenth Street from Jackson Street to a point 220 feet northeasterly of Washington Street and that portion of Wash- ington Street lying between Tenth Street and Ninth Street in the City of Duhuque, Iowa; and WHEREAS, the Planning and Zoning Commission of the City of Dubuque, Iowa, has recommended the vacation of that portion of Tenth Street from Jackson Street to a point 220 feet northeasterly of Washington Street and that por- tion of Washington Street lying between Tenth Street and Ninth Street in the City of Dubuque, Iowa; and WHEREAS, the City Council of the City of Duhuque, Iowa, deems that that portion of Tenth Street Attest: Leo F. Frommelt City Clerk Presiding Officer Pro Tem Preg- ler moved adoption of the resolu- tion. Seconded by Councilman Meyers. Carried by the following vote: Yeas - Presiding Officer Pro Tem Pregler, Councilmen Couch- man, Meyers, Schultz. Nays-None. Absent-Mayor McCauley. Special Sessiun, August 12, 1968 443 ORDINANCE NO. 52-68 An Ordinance vacating that PO'" tlon of Tanth Strut from Jack- son Street to a point 220 feet northeasterly of Washington Street and that portion of Wash- Ington Stroet lying between Tenth Street end Ninth Street in the City of Dubuque, Iowa, presented and read. Councilman Couchman moved that the reading just had he con- sidered the first reading of the Ordinance. Seconded by Council- man Meyers. Carried by the fol- lowing vote: Yeas - Presiding Officer Pro Tem Pregler, Councilmen Couch. man, Meyers, Schultz. Nays-None. Absent-Mayor McCauley. Councilman Couchman moved that the rule requiring an Ordin- ance to be read on three separate days be waived. Seconded by Councilman Meyers. Carried by the following vote: YeaS - Presiding Officer Pro Tem Pregler, Councilmen Couch- man, Meyers, Schultz. NaY8-None. Ahsent-Mayor McCauley. CouncIlman Couchman moved that a Public hearing be held on the Ordinance On September 16, 1968, at 7:30 P.M. in the Council Chamber at the City Hall and that the City Clerk he instructed to publish notice of the hearing in the manner required by law. Sec- onded by Councilman Meyers. Car- ried hy the following vote: Yeas - Presiding Officer Pro Tem Pregler, Councilmen Couch. man, Meyers, Sehultz. Nays-None. Ahsent-Mayor McCauley. Ang. 12, 1968 The Honorable Mayor & City Council of the City of Dubuque, Iowa Gentlemen: During recent discussions rela- tive to a street vacation request hy Caradco, Inc., several points were agreed upon concerning Du- buque City Interests in this and adjoining areas. This letter will confirm these agreements. 1. Parking on 9th Street: Caradco will not object to a city ordinance restricting park- ing on 9th Street from White to the Great Western Railroad tracks. 2. Durel Dock - 9th Street be- tween White & Jackson Streets: Caradco will, within 120 days after proper notification from the City of Dubuque, eliminate the use of this dock facility for loading and unloading of trail. er Or straight trucks where such loading interferes with normal traffic on 9th Street. 3. Lighting In vacated streets: Caradco, Inc. agrees to release the City of Dubuque from the responsibility of lighting In the area vacated. 4. Easements for water, ¡¡as and sewers: Caradco agrees to issue ac- ceptable easements to the City of Dubuque for maintenance of water and sewer services In the vacated streets and also ease- ments to Peoples Natural Ga. Company for maintenance of gas lines. 5. Flood Liahllity: Flash flooding in the three (3) blocks being vacated is an age. old prohlem that Caradco has learned to live with. Caradco agrees the City of Duhuque will not be liahle for flash flooding in this area. We un- derstand that this situation wiIl be improved by the City of Dubuque, as soon as is prac- tical, by enlarging the Jack- son Street storm sewer from 10th Street to 11th Street. 6. Forced sewer Easement: Caradco agrees to grant to the City of Dubuque an easement of 20 feet width for installa- tion and maintenance of a forced sewer On the East end of Caradco property in City Lot #502 in Riverfront Subdi. vision #2. Yours truly, W. A. Norman Executive Vice President Presiding Officer Pro Tem Preg. ler moved that the communica- tion be received and filed and made a matter of record. SecoDd. cense Agreement to the director of the recreation department o! the City of Dubuque for transmit- tal to the American 011 Company. Passed, approved and adopted this 12th day of August, 1968. Walter A. Pregler Presiding Officer Pro Tem Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councthnen motion or upon petition of prop- erty owners, deems it advisable and necessary for the public wel- fare to make the herein mentioned improvement, and unless property owners at the time of the final consideration of this proposed res- olution have on file with the City Clerk objections to the improve- ment they shall be deemed to have waived all objections thereto. Said improvement shall be con. structed and done in accordance with the plans and specifications which have been prepared there- for hy 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 out of the Municipal Improvements Fund #162121 Contract Jobs and Pro- grams. The above resolution was intro- duced, approved and ordered placed on file with the City Clerk this 12th day of August, 1968. Approved and placed on file for final action. Approved: Walter A. Pregler Presiding Officer Pro Tem Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman CounclImen 444 Special Session, August 12, 1968 Special Session, August 12, 1968 445 ed by Councilman Meyers. Carried by the foIlowlng vote: Yeas - Presiding Officer Pro Tem Pregler, Councilmen Couch- man, Meyers, Schultz. Nays-None. Absent-Mayor McCauley. RESOLUTION NO. 362-68 WHEREAS the American 011 Company, a Maryland corporation, has tended a LICENSE AGREE- MENT to the City of Dubuque, Iowa, proposing to grant a revok- able license to the City of Du- buque, Iowa, in, over and acrosS the following described real es- tate: Lot 1 of 1 of 1 of 2 of Outlet 735 in the City of Dubuque, Iowa, shown as hatched on the plat at- tached to said License Agreement; and WHEREAS the purpose of said License Agreement is to permit the City of Duhuque through its recreation department to construct I a fence wholly at the City of Du- buque's expense and installing, playground equipment for use as a playground with the right to go upon said premises at all reason- ahle times for the purpose of in- specting and repairing the same when installed; and WHEREAS the City Council has examined said License Agreement and finds that it would serve the best interests of the City of Du- buque to accept said License Agreement and to authorize the Mayor to execute the same for and on behalf 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 License Agreement by and between the American Oil Company, a Mary- land corporation, and the City of Dubuque, Iowa, a municipal cor- poration, covering the real estate hereinabove descrlhed be and the same is hereby approved, and the Mayor and City Clerk be and they are hereby authorized and directed to execute the same on behalf of tbe City of Dubuque, Iowa. Section 2. That the City Clerk be ""d is hereby directed to for- ward a COpy of said executed Li- Attest: Leo F. Frommelt City Clerk Councilman Meyers moved adop- tion of the resolution. Seconded hy Councilman Schultz. Carried hy the foUowlng vote: Yeas - Presiding Officer Pro Tem Pregler, Councilmen Couch- man, Meyers, Schultz. Nays-None. Absent-Mayor McCauley. RESOLUTION NO. 36U8 PRELIMINARY ESTIMATE and approval of plans, specifications, form of contract, plat and all oth- er documents for the construction of 1968 Altura Drive Storm Sewer, at an estimated cost of $7,923.50, presented and read. Councilman Meyers moved adop- tion of the resolution- Seconded hy Councilman Schultz. Carried by the following vote: Yeas - Presiding Officer Pro Tem Pregler, Councilmen Couch- man, Meyers, Schultz. Nays-None. Ahsent-Mayor McCauley. (Necessity for Improvement) RESOlUTION NO. 364-68 WHEREAS, proposed plans, specifications, form of contract, plat and schedule have been duly prepared and approved by the City Council of the City of Du- huque and are nOw on file in the office of the City Clerk showing among other things the following: 1. The size and kind of sewers. 2. An estimate of the cost of the proposed improvement, stating the same for each different type of construction and kind of material to be used. ALTURA DRIVE STORM SEWER PROJECT - 1968 BE IT THEREFORE RESOLVED that the City Council on its own Attest: Leo F. Frommelt City Clerk Councilman Meyers moved ap- proval of the resolution. Seconded hy Presiding Officer Pro Tem Pregler. Carried by the following vote: Yeas - Presiding Officer Pro Tem Pregler, Councilmen Couch- man, Meyers, Schultz. Nays-None. Absent-Mayor McCauley. (Fixing dote of heorlng) RESOLUTION NO. 36S-68 WHEREAS, the City Council of the City of Duhuque, Iowa, has hy Resolution No. 368-68 given its preliminary approval on the pro- posed plans, specifications and form of contract and placed same on file in the office of the City Clerk for public inspection, for the ALTURA DRIVE STORM SEW- ER PROJECT -- 1968 and, WHEREAS, the proposed Reso- lution of Necessity for said im- provement has been introduced and is now on file in the City Clerk's office for public inspec- tion, BE IT THEREFORE RESOLVED that on the 16th day of September 1968, a puhIlc hearing will he held at 7:30 o'clock P.M. DST in the Council Chamber in the City of Dubuque at which time the owners of property for the proposed im- provement may appear and make objection to the proposed plans and specifications and proposed form of contract and at the same time to the houndaries of the pro- posed district, to the cost of Im- provement, and to the passage of the proposed Resolution of Neces- sity and the City Clerk he and he is hereby directed to cause a not- ice of the time and place of such hearing to be puhlished in some newspaper puhIlshed in the city of Duhuque, the last of which shaU be not less than two (2) nor more than four (4) weeks prior to the day fixed for its consideration and unless property owners at the time of final consideration of said resolution have on file with the Clerk objections to the amount of the proposed improvement, they shall have heen deemed to have waived aU ohjections thereto, at which hearing the Council will hear such objections and enter on record its final decision thereon. Passed, adopted and approved this 12th day of August, 1968. Walter A. Pregler Presidng Officer Pro Tem Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councthnen Attest: Leo F. Frommelt, City Clerk Councilman Schultz moved adop- tion of the resolution. Seconded by Councilman Couchman. Carried by the following vote: Yeas - Presiding Officer Pro Tem Pregler, Councilmen Couch- man, Meyers, Schultz. Nays-None. Absent-Mayor McCauley. Ii ill Iii Iii I III i' i! II, I Iii placed on file with the City Clerk this 12th day of August, 1968. Approved and placed on file for final action. Walter A. Pregler Presiding Officer Pro Tem Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen 446 Special Session, August 12, 1968 RESOLUTION NO. 36U8 PRELIMINARY ESTIMATE and approval of plans, specifications, form of contract, plat and aU other documents for construction of City of Dubuque Butterfield Road Extension 48" Storm sewer 1968, at an estimated cost of $10,574. presented and read. Pre- siding Officer Pro Tem Pregler moved adoption of the resolution. Seconded by Councilman Schultz. Carried by the following vote: Yea&-Presiding Officer Pro Tem Pregler, Councilmen Couch- man, Meyers, Schultz. Nays-None. Absent-Mayor McCauley. (Necessity for Improvement) RESOLUTION NO. 367-68 WHEREAS, proposed plans, spec- ifications, form of contract, plat and schedule have been duly pre- pared and approved by the City Council of the City of Duhuque and are now on file In the office of the City Clerk showing among other things the following: 1. The size and kind of sewers. 2. An estimate of the cost of the proposed improvement, stating the same for each different type of construction and kind of material to be used. CITY OF DUBUQUE BUTTERFIELD ROAD EXTEN- SION 48" STORM SEWER, 1968 Be It Therefore Resolved that the City Council on its own motion or upon petition of property own- ers, deems it advisable and neces- sary for the public welfare to make the herein mentioned improve- ment, and unless property owners at the time of the final considera- tion of this proposed resolution have on file with the City Clerk ohjections to the improvement, they shall be deemed to have waiv- ed all objections thereto. Said improvement shall be con- structed and done in accordance with the plans and specifications which have been prepared there- for by the City Engineer which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said improve- ment will be paid out of Munici- pal Improvements Fund #162121. The above resolution was Intro- duced, approved and ordered Attest: Leo F. Frommelt. City Clerk Councilman Meyers moved ap- proval of the resolution. Seconded by Presiding Officer Pro Tem Pregler. Carried by the following vote: Yeas-Presiding Officer Pro Tem Pregler, Councilmen Couchman, Meyers, Schultz. Nays-None. Absent-Mayor McCauley. (Fixing Date of Hearing) RESOLUTION NO. 368-68 WHEREAS, the City Council of the City of Dubuque, Iowa, has by Resolution No. 366-68 given its preliminary approval on the pro- posed plans, specifications and form of contract and placed same on file in the office of the City Clerk for public inspection, for the CITY OF DUBUQUE BUTTERFIELD ROAD EXTEN- SION 48" STORM SEWER, 1968 and, WHEREAS, the proposed Reso- lution of Necessity for said im- provement has heen Introduced and is now on file In the City Clerk's office for puhlic inspec- tion, BE IT THEREFORE RESOLVED that on the 16th day of September 1968, a public hearing will be held at 7:30 o'clock P.M. DST In the Council Chamber in the City of Dubuque at which time the own- ers of property may appear and make objection to the proposed plans and specifications and pro- posed form of contract and at the same time to the boundaries of of the proposed district, to the cost of the Improvement, to the amount and to the passage of the proposed Resolution of Necessity and the City Clerk be and he Is hereby directed to cause a notice of the time and place of such hearing to be published In some newspaper published In the City Special Session, August 12, 1968 of Duhuque, the last of which shall be not less than two (2) nor more than (4) weeks prior to the day fixed for its consideration and unless property owners at the time of final consideration of said resolution have on file with the Clerk objections to the amount of the improvement they shall have been deemed to have waived all objections thereto, at which hear- ing the Council will hear such ob- jections and enter on record its final decision thereon. Passed, adopted and approved this 12th day of August, 1968. Walter A. Pregler Presiding Officer Pro Tem Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman CounciImen Attest: Leo F. Frommelt, City Clerk Councilman Couchman moved adoption of the resolution. Second- ed hy Presiding Officer Pro Tem Pregler. Carried by the following vote: Yeas-Presiding Officer Pro Tem Pregler, Councilmen Couchman, Meyers, Schultz. Nays-None. Absent-Mayor McCauley. There being no further business Councilman Meyers moved to ad- journ. Seconded hy Councilman Couchman. Carried hy the follow- Ing vote: Yeas-Presiding Officer Pro Tem Pregler, Councilmen Couchman, Meyers, Schultz. Nays-None. Absent-Mayor McCanley. Leo F. Frommelt City Clerk 447 Approved ....................................1968. Adopted ......................................1968. """"............................"...................... ............................................................ ............................................................ Councilmen Attest: """'ë¡ïÿ'ëi~~k""""""""""'" !I:II !III,! !¡f~ Special Session, August 19, 1968 CITY COUNCIL I ~e:;. drawn for the month of July 448 OFFICIAL Special Session, August 19, 1968. Council met at 7:30 P.M. (D.S.T.) Present - Councilmen Couch- man, Meyers, Pregler, Schult.. City Manager Gilbert D. Chave- nelle. Absent-Mayer McCauley. Councilman Couchman moved that Councilman Schultz be elect. ed to serve as Presiding Officer Pro Tem of this meeting. Second- ed by Councilman Meyers. Carried by the following vote: Yeas - Councilmen Couchman, Meyers, Pregler, Schultz. Nays-None. Absent-Mayor McCauley. Presiding 0 f fie e r Pro Tem Schultz read the call and stated that service thereof had been duly made and this meeting Is called for the purpose of conducting a public hearing on a proposal to dispose of certain real estate In Grandview Park and acting upon such other husiness as may prop- erly come before a regular meet- ing of the City Council. Communication of Dub u que Summer Festival acknowledging with thanks the support given to the 1968 Summer Festival and requesting permission to conduct a carnival attraction during the week of October 2nd, presented and read. Councilman Pregler moved that the request be granted suhject to approval of the City Manager. Seconded by Presiding Officer Pro Tem Schultz. Carried by the following vote: Yeas - Presiding Officer Pro Tem Schultz. Councilmen Couch- man, Meyers, Pregler. Nays-None. Absent-Mayor McCauley. August 19, 1968 To the Honorahle Mayor and City Council Gentlemen: I herewith submit the monthly reports of the City Water Depart. ment, City Auditor, City Treas- urer, as well as a list of claims and payrolls for which warrants Respectfully, Gilbert D. Chavenelle City Manager Councilman Pregler moved that the reports be received and filed. Seconded by Councilman Couch- man. Carried by the following vote: Yeas - Presiding Officer Pro Tem Schultz, Councilmen Couch- man, Meyers, Pregler. Nays-None. Absent-Mayor McCauley. Proof of Publication, certified to by the Publisher, of Statement of Receipts and a list of claims for warrants issued during the month of July 1968, presented and read. Councilman Meyers moved that the proof of puhlicatlon be received and filed. Seconded by Councilman Couchman. Carried by the following vote: Yeas - Presiding Officer Pro Tem Schultz, Councilmen Couch- man, Meyers, Pregler. Nays-None. Absent-Mayor McCauley. Notice of claim of Mrs. Ida B I a i n e, in an undetermined amount, to he tied In with a for- mer claim filed some weeks ago, for personal property damage as the result of a recurrence of a hacked-up sewer at 931 W. Locust Street, presented and read. Coun- cilman Meyers moved that the notice of claim be referred to the City Solicitor for Investigation and report. Seconded hy Presiding Officer Pro Tem Schultz. Carried by the following vote: Yeas - Presiding Officer Pro Tem Schultz. Councilmen Couch- man, Meyers, Pregler. Nays-None. Absent-Mayor McCauley. August 16, 1968 Honorahle Mayor and City Council Gentlemen: On May 3, 1968, Joseph L. Wag. ner, 395 Burch Street, Dubuque, Iowa, filed claim for damages to his vehicle allegedly occurring on or about April 1, 1968, as the result of striking a large rock or boulder located In Ninth Street at its intersection with Hill Street, claiming damages to the under carriage of his motor vehicle. Special Session, August 19, 1968 I have made an examination of this claim and it is the opinion of this writer that no liability exists on the part of the City in this connection. It is the recommendation of the City Attorney that the claim of Joseph L. Wagner be denied. The claim of Mr. Wagner is hereto attached. Respectfully submitted, R. N. Russo City Attorney Councilman Couchman moved that the recommendation be ap- proved. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Presiding Officer Pro Tem Schultz, Councilmen Couch- man, Meyers, Pregler. Nays-None. Ahsent-Mayor McCauley. Petition of Richard LeMay et al requesting rezoning of Lot 2 of 1 of 2 of M. L. 72, Lot 2 of 1 of 10 of M. L. 73 and Lot 2 of 2 of M. L. 74 being LeMay property at 848 W. 3rd Street; Lot 1 of 1 of 2 of M. L. 72, Lot 1 of 1 of 10 of M. L. 73, Lot 2 of M. L. 74 heing James Grant property at 890 W. 3rd Street; Lot 1 of M. L. 72 and Lot 1 of M. L. 74 being Gust Karigan property at 804 W. 3rd Street, to Multiple FamilY District Classification, presented and read. Councilman Pregler moved that the petition be re- ferred to the Plauning & Zoning Commission. Seconded hy Council- man Meyers. Carried by the fol- lowing vote: Yeas - Presiding Officer Pro Tem Schultz, Councilmen Couch- man, Meyers, Pregler. Nays-None. Ahsent-Mayor McCauley. Petition of Wm. C. Fuerste re- questing continuation of permit to ten more days from Angust 15th, to solicit signatures and to also have two locations in the downtown area for the benefit of the "M c Car thy for President Club", presented and read. Pre- siding Officer Pro Tem Schultz moved approval of the petition. Seconded by Councilman Meyers. Carried by the followin,¡ vote: Yeas - Presiding Officer Pro Tem Schultz, Councilmen Couch- man, Meyers, Pregler. Nays-None. Absent-Mayor McCauley. 449 Petition of Peoples Natural Gas requesting permissIon to excavate at the intersection of Atlantic & University, presented and read. Presiding Officer Pro Tem Schultz moved approval of the petition. Seconded by Councilman Pregler- Carried hy the following vote: Yeas - Presiding Officer Pro Tem Pregler. Councilmen Couch- man, Meyers, Pregler. Nays-None. Absent-Mayor McCauley. Petition of Peoples Natural Gas requesting permission to excavate at Rush Street to service Bryant school, presented and read. Pre- siding Officer Pro Tem Schultz moved approval of the petition. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Presiding Officer Pro Tem Schultz, Councilmen Couch- man, Meyers, Pregler. Nays-None. Absent-Mayor McCauley. Petition of Richard C. Henschel requesting the installation of a street light on Pego Court and also one at the end of Valentine Drive, presented and read. Coun- cilman Meyers moved that the petition be referred to the City Manager and Electrical Inspector for investigation and report. Sec- onded by Councilman Pregler. Carried by the following vote: Yeas - Presiding Officer Pro Tem Pregler, Councilmen Couch. man, Meyers, Pregler. Nays-None. Absent-Mayor McCauley. Proof of Puhlication, certified to by the Publisher, of notice of public hearing to amend Zoning Ordinance No. 3-34 by enacting a new subsection (h) to Section 2 of Article IV thereof as follows; Structures having historical or architectural significance may he used for museums, tours, meeting rooms and private dinner parties for which fees may be charged within the areas described in sub- section (h), presented and read. No written objections Were filed and no oral objectors were present in the Council Chamher at the time set for the public hearing. Councilman Pregler moved that ¡III 1.1'11 I¡ 4:so Special Session, August 19, 1968 the proof of publication be ro- Schultz. Carried by the following ceived and filed. Seconded by vote: Presiding Officer Pro Tem Schultz. Yeas - Presiding Officer Pro Carried by the following vote: Tem Schultz, Councilmen Couch- Yeas - Presiding Officer PrO man, Meyers, Pregler. Tem Schultz, Councilmen Couch- Nays-None. man, Meyers, Pregler. Ahsant-Mayor McCauley. Nays-None. Ahsent-Mayor McCauley. Special Session, August 19, 1968 451 2-5 U Middle one-third <>f City Lot 31 North one-half of City Lot 249 and South 26 feet 2 inches of City Lot 250 4-10 North one-half of City Lot 250 except South 7 feet City Lot 173 North one-half of City Lot 245 South 21 feet 3 inches of City Lot 23 8-10 Lots 2, 3 and 4 Weigel's Suhdivision and West one- half of Lot designated as Waterway 3'"' feet wide by 75 feet long in Wei- gel's Subdivision of City Lot 180 and South 11 feet of City Lot 179 ~-8 Middle one-third of City Lot 749 9-10 South two.thirds of South one-half of City Lot 750 City Lots 241, 242 and 243 North 11 inches of City Lot 239 and South 22 feet of City Lot 240 City Lot 14 City Lot 96 and North 13 feet of City Lot 95 15-4 City Lots 93 and 94 All located in the City of Du- buque, Dubuque County, State of Iowa. Passed, and adopted, and ap- proved this 19th day of Angust, 1968. Walter A. Pregler Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk of $250. (va cat e d Henderson Street), presented and read. No written objections were filed and no oral ohjectors were present at the time set for the public hear- ing. Councilman Meyers moved that the proof of puhllcation be reo ceived and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Presiding Officer Pro Tem Schultz, Councilmen Couch- man, Meyers, Pregler. Nays-None. Absent-Mayor McCauley. RESOLUTION NO. 37C1-68 WHEREAS, pursuant to resolu- tion of published notice of time and place of hearing puhlisbed in the Telegraph-Herald, a newspaper of general circulation published in the City of Dubuque, Iowa, on July 29, 1968, and August 5, 1968, the City Council of Dubuque, Iowa, met on the 19th day of August, 1968, at 7:30 o'clock P.M. (Central Daylight Saving Time) in the City Council Chamber, City Hall, Du- buque, Iowa, to consider the pro- posal to dispose of interest of the City of Dubuque in the followin¡ described real estate: Lot 15A of Block 10 in Grand- view Park in the City of Du- buque, Iowa. to GUY C. HYATT for the Sum of $250.00; and Lot lA of Block 9 in Grandview Park in the City of Dubuque, Iowa, to L. M. HARNEY for the sum of $250.00; 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 Guy C. Hyatt and L. M. Harney. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUN- CIL OF CITY OF DUBUQUE, IOWA: Section t. That the disposal of interest of City of Dubuque, Iowa, in real estate covering the follow- ing described real estate, to-wit: Lot 15A of Block 10 in Grand- view Park in the City of Du- buque, Iowa, to Guy C. Hyatt for the total pur- 5-1 7-7 8-4 RESOLUTION NO. 369-68 Authorizing the purchase of cer- tain reel estete In the Downtown Urban Renewal Project, Iowa R.15. WHEREAS, under date of July 26, 1967, the City nf 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, there has been pre- pared on behalf of the City of Dubuque independent appraisals of certain parcels of reel estate to be acqulred for the project; and WHEREAS, the appraisals have been rev I ewe d, recommended prices established, and the ap- praisals reports and certain sup- porting documentation submitted to the Department of Housing and Urhan Development for their reo view; and WHEREAS, the City of Dubuque has received from the Depertment of Housing and Urban Develop- ment con cur red-in acqulsition prices for certain parcels of real estate in the Project Area; now therefore, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DU- BUQUE, IOWA: SECTION 1. That the City Man- ager be and he is hereby au- thorized and directed to execute Agreemnts of Purchase and to do any and all things necessary and requisite Including the affixing of the City Seal to certain Instru- ments to purchase the following descrihed parcels of real estate in accordance with the Downtown Urban Renewal Plan at their con. curred-in acquisition prices, at a total cost not to exceed $794,993.- 00, Parcel Councilman Pregler moved final I No. adoption of the Ordinance. second-! 2-2 ed by Presiding Officer Pro Tem ORDINANCE NO. 5~8 An Ordinance emending Ordi. nance No. 3-34 known as the Zoning Map end Zoning Ordl. nance of the City of Dubuque, Iowa, by emending Article IV, Section 2 thereof by enacting a new subsection (h) to permit structures with historical or architectural significance to be used for museums, meeting roomS and private dinner parties for which fees may be .herged, oaId Ordinance having been pre- viously presented and read at the council meeting of July 23, 1968, presented for Final Adoption. ORDINANcE No. 10-48 9-8 10-1 10-7 14-3 15-2 CHÃRG'eO. ~~~:'b;ri~M!t:c~g~~~ g~D~~~ ""'011 1. That loanee No. >-" tn. Z Mo. and Zonlnl of the of D,b"",e, Iowa, , seme enodlnt a new "oo , of Artlc,. "(h) St"d"" ..Chlled", be ,oed mee"no " Oy m. Ih) of , . ,. "e.. . ""d'te ha' ,"hlted,'" .It- ~ -.e.:f'~~:r.,,~'re 't~t:~~r.~ Po,"d, adopted ond a.."ved th" 19th dov of AOP"', 1.... . SCh,ltz Olt"" p" Tem . P"o"" .. Meven M. CouChman Councilman Meyers moved adop- tion of the resolution. Seconded by Councilman Couchman. Carried by the following vote: Yeas - Councilmen Couchman, Meyers, Pregler. Nays - Presiding Officer Pro Tem Schultz. Absent-Mayor McCauley. Proof of Publication, certified to by the Publlsber, of notice of public hearing to dispose of city interest in Lot 15A of Block 10 in Grandview Park to Guy C. Hyatt for the sum of $250. and Lot lA of Block 9 in Grandview Park to L. M. Harney for the sum Aff"t, leo F. F"",me" City C",. P,bil,hed off'o,.IIv In The Te'.."," Hm'd th" "nd day of A,o'" "68. loo F. F""'melt City C""'. 111 II Iii JIll 11,1 ill 11.5-22 Legel Description North 34 feet of City Lot 32 ,I,' 452 Special Session, August 19, 1968 chase price of $250.00; and Lot lA of Block 9 In Grandview Park in the City of Duhuque, Iowa, to L. M. Harney for the total pur- chase price of $250.00, be and the same is hereby approved, subject to the following terms and condi- tions, to-wit: 1. That no abstract of title he furnished. 2. That the purchasers pay costs of publication. 3. That the City of Dubuque reserve and retain a perpetual easement In and to the real estate hereinabove descrihed for the lo- cation, repair, maintenance of san- Itary sewer, storm sewer and water mains together with the right of ingress thereto and egress therefrom. 4. That no improvement be In- stalled by the purchasers on any portion of said described Hender- son Street without the first prior written approval of the City Man- ager, and in the event that any Improvement is erected or located by the respective purchasers on any portion of the real estate hereinabove described, then title thereto shall revert to the City of Dubuque as to the whole tract. Section 2. That the City Clerk be and he is hereby authorized and directed to deliver the said deed of conveyance to Guy C. Hyatt upon receipt of total pur- chase price in the amount of $250.00, and to L. M. Harney upon receipt of total purchase price in the amount of $250.00. Section 3. That the City Clerk be and he Is hereby authorized and directed to record a certified copy of this resolution in the office of the Duhuque County Re- corder. Passed, adopted and approved this 19th day of August, 1968. Merlin F. Schultz Presiding Officer Pro Tem Walter A. Pregler 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 - Presiding Officer Pro Tem Schultz, Councilmen Couch- man, Meyers, Pregler. Nays-None. Absent-Mayor McCauley. RESOLUTION NO. 371-68 WHEREAS, the MAYOR's IN- DUSTRIAL COMMITTEE, com- posed of Walter A. Pregler, pre- siding officer pro tem, Joseph Voelker, Chairman of Dock Board, and Rohert E. Dorothy, Manager of Dubuque Industrial Bureau, has recommended to the City Council of Dubuque, Iowa, that the appli- cation to purchase certain real estate by Berwanger Boiler Shop, Inc., of Dubuque, Iowa, for the purpose of constructing and erect- ing a plant thereon; and WHEREAS, the City Council of Dubuque, Iowa, has examined said application and said recommenda- tion by the Mayor's Industrial Committee and find that the sale of said real estate should be ap- proved; and WHEREAS, said rea I estate sought to be purchased hy Ber- wanger Boiler Shop, Inc., of Du- buque, Iowa, shall hereafter be described and known as: Lot 2 of Lot 1 of Lot 1 In Block 6 River Front Subdivision No. 3 In the City of Dubuque, Iowa, containing approximately 'h acre. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUN- CIL OF THE CITY OF DU- BUQUE, IOWA: Section 1. That the application of Berwanger Boiler Shop, Inc., of Dubuque, Iowa, to purchase a parcel of real estate In the City of Duhuque, Iowa, which real estate shall hereafter be described and known as follows: Lot 2 of Lot 1 of Lot 1 in Block 6 River Front Suhdivision No. 3 in the City of Dubuque, Iowa, containing approximately 'h acre. be and the same is hereby ap- proved upon the following terms and conditions: A. That said parcel of real estate be sold to Berwanger Boiler Shop, Inc., of Dubuque, Iowa, for the construction of a new plant thereon; Spec;al Session; August 19, 1968 B. That the sale of said real es- tate shall he at the rate of twenty cents ($.20) per square foot and receipt of a down payment of $460.00 is herewith acknowledged. C. That construction of said plant be started within one year of adoption and passage of this Resolution and shall be com- pleted within two years of date of adoption and passage of this Resolution, and upon failure so to do by the pur- chasers, said real estate shall revert to the City of Dubuque, Iowa, and purchase price less damages shall be refunded to the purchasers. D. That the construction of all building, huildings, yards, park- ing lots, fences shall be con- structed in conformance with existing City codes. E. That Berwanger Boiler Shop, Inc., shall erect and construct said improvement in cOnform- ity with neighboring plants in relation to the customary set hack procedures on the east side of Kerper Boulevard. F. That the City of Dubuque grant unto the purchaser a perpetual easement over a portion of the adjoining real estate abutting the property herein descrihed for the purpose of egress and Ingress by Berwanger Boiler Shop, Inc. G. That the City of Duhuque re- tain a perpetual easement for existing water lines, existing sanitary sewer and storm lines, and for utilities together with right of ingress and egress to repair, inspect and maintain the same. Section 2. That the City Clerk be and he Is hereby directed to publish notice of intent to dispose of interest In real estate as is by law required. Passed, adopted and approved this 19th day of August, 1968. Merlin F. Schultz Presiding Officer Pro Tem Walter A. Pregler Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk 453 Councilman Couchman moved adoption of the resolution. Sec- onded hy Councilman Meyers. Carried by the following vote: Yeas - Presiding Officer Pro Tem Schultz, Councilmen Couch- man, Meyers, Pregler. Nays-None. Ahsent-Mayor McCauley. RESOLUTION NO. 372-68 WHEREAS, Cletus E. Allen, Street Commissioner, has estab- lished a schedule of fees for san- itary landfill which schedule of fees became effective August 15, 1968, at the City of Dubuque San- itary Landfill on Area C at the foot of East 16th Street, in the City of Dubuque, Iowa; and WHEREAS, the City Council of the City of Duhuque at its meet- ing of August 12th, 196/1, ap- proved said Schedule of Fees; NOW THEREFORE BE: IT RE- SOLVED BY THE CITY COUN. CIL OF THE CITY OF DU- BUQUE, IOWA: Section 1. That the Schedule of Fees for Santiary Landfill estah- lished by Cletus E. Allen, Street Commissioner of the City of Du- buque, Iowa, be and the same is herehy approved, ratified and con. firmed: SCHEDULE OF FEES FOR SANITARY LANDFILL 1. Solid or inert material snitable for cover material: Free 2. Any material hauled In non-commercial automohile, non-commerclal trailer or non-commercial station wag- on: Free 3. All garhage and refuse other than No.1 and No.2 above, fees will be as fol- lows: 2 cy to 5 cy truck or trail- er: 1.50 5 cy to 10 cy trucks or trailers: 2.00 10 cy to 20 cy trucks or trailers and Rubbish Packer Trucks: 4.00 20 cy trucks or trailers and over: 10.00 Commercial small trucks, trailers and station wag- ons: .35 4. Any material hauled hy vehicle owned by the City I. [I II / 111 1 ,I II II III IIII I' ,il ,.,. CoUDCIlman Pre II I e r moved adoption ef the resolutiolL Sec- onded by Councilman Couchman. Carried by the following vote: Yeas - Presiding Officer Pro Tem Schultz, Councilmen Couch- man. lI&eyers, Pregler. Nays-None. Absent-Mayur McCaul.". There being no further busmess Councilman Preg,!er moved to ad- journ. Seconded by Presiding Offi- cer Pro Tom Sehultz. Carried by the following vote: Yeas - Presiding Officer Pro Tem Schultz, Councilmen Couch- man, Meyers, Pregler. Nays-None. Absent-Mayor McCauley. 4St Special Session, August 19, 1968 of Dubuque. County, state of Iowa or Federal Go""~ JBeItt; fiee In Ii.... or the schedule of fees contained 1Oerein, the City Mauger is authorized to issue a permit for the 1lSI!> of Public Landfill sites by any firm. per- son or corporation upon pay- ment of a lump sum for quar- terly or annual use. The pay- ment shall be equal to the amount which the City Manager may estimate to he equal to the fees which would have been paid had Individual fees been paid for each use. He Is also authorized to Issue coupons or tickets which may be purchased in advance for later use of the sites. Wben in the judgment of the City Council, special conditions I exist surrounding the use of the Public Sanitary Landfill Bite, the applieation af the fees charged for the use of such Bite wauld be inequitable and unfair either to the City or the user, the City Council may es- tablish a special fee to apply to such users. Such special fees when adopted by Resolution or Ordinance shall apply to all users of the site under like eonditlons. Section 2. That the foregoing Schedule nf Fees Is effective as of the 15th day of August, 1968, at the City of Dubuque Sanitary Landfill on Area C at the foot of East 16th Street, in the City of Dubuque, Inwa, and the hours of operation of said Iandílll shall be from 7:00 A.M. to 6:00 P.M. on Monday through Saturday of each week. Said landfill shall be closed Olt Sunday of each week. Passed, approved and adopted this 19th day of Augost, 1968. Merlin F. Schultz Presiding Officer Pro Tem Walter A. Pregler Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Approved ....................................1968 Adopted .............-........-...............1968 ................................................................................ ................................................................................... .............................................................................,..... ...........................................................,....................... """""""""""""""""""""""""ë¡)üüëiïïñëñ'" Atte&t: ......-ëit;'C¡;;k-'-"-'--'- Special Session, August 26, 1968 CITY COUNCIL (OFFICIAL) Special Session, August 26, 1968. Council met at 7:30 P.M. (D.S.T.) Present - Mayor McCauley, Councilmen Couchman, Mayers, Pregler, SchultL City Manager Gilbert D. Chavenelle. Mayor IIleCauley read the call and stated that service thereof had been duly made and this meeting is called for the purpose of instituting proceedings and tak. ing ection on the issuance of $1,995,000 sewer bonds to defray cost of buildil19, constructll19, ex. tending and improving sewers, .._r outtol$, and purifying plant, and acting upon such other husi- ness as may properly come before a regular meeting of the City Council. August 22, 1968 To the Honm-able Mayor and Members of the City Council Gentlemen: I am returning to you the peti- tion of Mrs. Robert Menning and others requesting a street light at West Third and Winona. The area has been investigated and it is recommended that a 175 watt mercury vapor light he in- stalled at the location. Respectfully, Gilbert D. Chavenelle City Manager Councilman Preg,!er moved that the recommendation of the City Mgr. be approved. Seconded by Councilman Schultz. Carried by the following vote: Yeas-Mayor McCauley, Coun- cilmen Couchman, Meyers, Preg- ler, Schultz. Nays-None. August 22, 1968 Honorahle Mayor and City Council Gentlemen: On July 19, 1968 IIlrs. Henry Sibley nf 603 West 8th Avenue, Dubuque, Iowa filed a claim against the City of Dubuque al- leging that an July 11>, 1968 she fell at the corner of 8th Avenue and Hill Street claiming a defec- tive curbing thereat. 455 I have made an investigation of this matter, conferred with the claimant, examined the medical and hospital expenses, and that the said claimant has made an offer of settlement in the amount of $300.00. It is a recommendation af the City Attorney that said offer of settlement he accepted and that the City Auditor be instructed to draw a warrant payable to Heury Sibley and Inez Sibley, hushand and wife, in the amount of $300.00 and transmit the same to the City Attorney for delivery upon receipt of duly executed release. Original claim is returned here- with. Respectfully submitted, R. N. Russo, City Attorney Councilman Meyers moved that the recommendation of the City Attorney be approved. Seconded hy Councthnan Couchman. Carried by the following vote: Yeas-Mayor McCauley, Coun- cilmen Couchman, Meyers, Preg- ler, Schultz. Nays-None. Notice of claim of Mrs. Stephen A. Zern, in the amount of $78.50 for personal injuries received in a fall on a defective sidewalk at 1601 Central Ace. on August 10, 1968, presented and read. Coun- cilman Pregler moved that the notice of claim b. referred to the City Solicitor for investigation and report. Seconded by Councilman Schultz. Carried by the following vote: Yeas-Mayor McCauley, Coun- cilmen Couchman, Meyers, Preg- ler, Schultz. Nays-None. ORDINANCE NO. 53'61 An Ordi"""ce amending Ordi. nonce No. 33-49 as amended known IS the "TraHic Code of Dubuque, Iowa" by repeeHng Subsection g of Sec:tion 2 ef Schedule 1 thereof and enact. i"ll . new Subsec:tlon g of Sec:- tion 2 of Schedule 1 iA lieu thereof te r""uire traffic to move soulherly only en the west branch of Kerrigan Road, presented and read. Conncilman Couchman moved that the reading just had be con- Iii ,I! III ,I 456 Special Session, August 26, 1968 Sidered the first reàding of the by Councilman Meyers. Carried by Ordinance. Seconded by Councll- the following vote: m~ Pregler. Carried by the fol- Yea~Mayor McCauley, Coun- lowmg vote: cilmen Couchman, Meyers, Preg- Yeas-Mayor McCauley, Coun- ler, Schultz. cilmen Couchman, Meyers, Preg- Nays-None. ler, Schultz. Petition of A. J. Rooney Sec'y Nay~None. of Brotherhood Railroad Traimnen requesting the cutting of weeds and brush on city owned property along the Milwaukee right of way from Thermolyne CorPoration to Bradley Iron Works, presented and read. Councilman Pregler moved that the petition he reo ferred to the City Manager and Street CommisSioner for Investi- gation and report. Seconded by Councilman Meyers. Carried by the following vote: Yeas-Mayor McCauley, Coun- cilmen Couchman, Meyers, Preg- ler, Schultz. Nays-None. Petition of Rohert J. Doll et al (10 Signers) requesting the Instal- lation of a sanitary sewer In John F. Kennedy Road from the pres- ent terminus of the sewer north to 32nd Street, presented and read. Councilman Couchman moved that the petition be referred to the City Manager and City En- gineer. Seconded by Councilman Pregler. Carried hy the following vote: Yeas-Mayor McCauley, Coun- cilmen Couchman, Meyers, Preg. Ier, Schultz. Nays-None. Petition of Mrs. Nellie Bles of 1617 Kehhle Drive, by Kintzlnger & Kintzlnger, attorneys, requesting immediate action as to the con- struction of water mains Into Bies Subdivision, presented and read. Councilman Meyers moved that the petition be referred to the City Manager. Seconded by Coun- cilman Couchman. Carried by the following vote: Yeas-Mayor McCauley, Coun- cilmen Couchman, Meyers, Preg- ler, Schultz. Nays-None. RESOLUTION NO. 373-68 Resolution providing for the ed. vertisement of $83,000 Flood Protection Bonds. WHEREAS the City of Dubuque, Iowa, has heretofore incurred ex- Councilman Couchman moved that the rule requiring an Ordi- nance to be read on three sep- arate days be waived.' Seconded hy Councilman Pregler. Carried by the following vote: Yeas-Mayor McCauley, Coun- cilmen Couclmìan, Meyers, Preg- ler, Schultz. '; Nays-None. 9Su.\?TJ'i,~1¡'l~~Íù:~~gi~~ °OR,; enedl'. a tlon 2 01 S' tollow" "S,h"'ule I 2. gT'ð~" l1i':el~eT,ov~e~theóiv ,¡>;¡,r,: gen Ro,d." ,.¡;,e".\':ý ~.'~~~u,,~n~..:dO.!'" thb Sylvest" M,C,ulev M,w Welte, A. P,..I" M"lIn F. S,hullZ g~~ro"ldRM."!:""'<'~men AHe,t, H°tv "cle~omme" Pu.lI,h'" offl"ally In the Tel..,e.h Hmld New,.a.., thlo 29th day 01 Auguo' '968. ft. "29 Leo F. F,omme" Cltv CI". Councilman Couchman moved final adoption of the Ordinance. Seconded by Coùncilman Pregler. Carried by the following vote: Yeas-Mayor McCauley, Coun- cilmen Couchman, Meyers, Preg- ler, Schultz. Nays-None. Petition of Mrs. Leroy (Freda) Foell requesting the installation of a stop and go signal at the corner of 29th & Central Avenue, presented and read. Councilman Pregler moved that the petition be referred to the City Manager and Traffic Department. Seconded Special Session, August 26, 1968 457 penses in comhating a flood caused by the overflowing of the Missis- sippi River within said City, and it is necessary and for the hest interests of said City that $83,000 Flood Protection Bonds contem- plated to be Issued to pay said expenses, to that amount, he of- fered for sale in the manner re- quired hy Chapter 75 of the Code of Iowa; NOW, THEREFORE, Be It and It is Herehy Resolved hy the City Council of the City of Duhuque, Iowa, as follows: Section 1. That Flood Protec- tions Bonds of said City in the amount of $83,000 be advertised for sale, such bonds to be dated September 1, 1968, bearing Inter- est payable June 1, 1969, and semi-annually thereafter, and ma- turing in numerical order $23,000 on December 1, 1972, and $30,000 on Decemher 1 of each of the years 1973 and 1974, and that hids be requested for action thereon at the Council Chamber in the City Hall in said City at 12:00 o'clock Noon, Central Daylight Saving Time, on September 10, 1968, and that the City Clerk be and he is hereby authorized and directed to publish notice of such sale once each week for at least two consecutive weeks in the "Telegraph-Herald", a newspaper published and of general circula. tion In Dubuque County, Iowa, such advertisement to be in the form customarily employed for that purPose. Section 2. That all resolutions or orders insofar as same may in conflict herewith he and the same are hereby repealed. Passed and approved August 26, 1968. Sylvester McCauley Mayor Attest: Leo F. Frommelt City Clerk Recorded August 26, 1968. Leo F. Frommelt City Clerk NOTiCE OF SALE OF FLOOD PROTECTION BONDS DUBUQUE, IOWA Sealed hids will be received un- til 12:00 o'clock Noon, Central Daylight Saving Time, on the 10th day of September, 1968, at the office of the City Clerk In the City Hall, Dubuque, Iowa, for the purchase of $83,000 Flood Protec- tion Bonds of the City of Dubuque, Iowa, at which time such bids will be referred to the City Council of said City at its meeting to be then held at the Council Cham- bers in the City Hall in said City. Open bididng will be concluded not later than 1:00 o'clock P.M. and, after the hest open bid has been determined, the sealed hids will he publicly opened and the bonds will he sold to the highest bidder for cash. Sealed bids will be fully protected. Said bonds will be dated Sep- tember 1, 1968, in the denomina- tion of $1000 each, bear interest at a rate not exceeding Five per cent (5%) per annum, payable June 1, 1969, and semiannually thereafter, registrable as to prin- cipal ouly, and will mature $23,- 000 on December 1, 1972, and $30,000 on Decemher 1 of each of the years 1973 and 1974. None of said honds will be optional for redemption p r i 0 r to maturity. Both principal and interest will be payahle at the office of the City Treasurer, Dubuque, Iowa. Each bid must be for all of said bonds upon terms of not less than par and accrued interest and shall specify a single rate of interest in a multiple of one-quarter or one-tenth of one per cent. Each installment of interest will he represented by a single coupon on each bond. The honds will he awarded to the best hidder deter- mined upon the basis of the low- est total interest cost from Sep- tember 1, 1968, to the respective final maturity dates, after deduct- ing any premium. These honds will constitute gen- eral obligations of the City pay- able from taxes levied upon all the taxable property in the City without limitation as to rate or amount. Said bonds are expected to be delivered within thirty (30) days after the sale at any mutual- ly agreeable hank or trust com- pany in the City of Chicago, illi- nois, Dubuque, Iowa, or Des Moines, Iowa, without expense to the purchaser. Should delivery he delayed heyond sixty (60) days from date of sale for any reason except failure of performance by the purchaser, the City may cancel I , III ~' Ilil 458 Special Session, August 26, 1968 the award or the purchaser may I Yeas-Mayor McCauley, Coun- withdraw hia check and thereafter cilmen Couchman, Meyers, Preg- hia interest in and liability for ler, Schultz. the bonds will cease. The City will Nays-None. furnish the printed bonds and the approving opinion of Messrs. Chap- Proof of Publication, certified man and Cutler, Lawyers, Chicago, to by the Publisher, of notice of lllinois, together with the tran- meeting for issuance of sewer script and usual closing papers, bonds in the amount of $1,995,000 including non-litigation certificate, for the purpose of defraying the and all bids may he so condi- cost of building, constructing, ex- tioned. Said opinion will be print- tending sewers and purifying ed on the bonds if requested by plant, presented and read. the purchaser and will recite that, No written objections were filed based on current rulings and offi- and no oral objectors were present cia! interpretations, Interest on in the Council Chamber at the said bonds is exempt from pres- time set for the puhlic hearing. e~t federal incon:e taxes. lpach Councilman Pregler moved that bIdder ~u,st furnISh a certified the proof of publication be re- or cashier scheck. drawn on a ceived and filed. Seconded by solvent state or national bank or Councilman Couchman. Carried by trust company for $1660 payable the following vote: ~~ t~~r'ð~/fa:hea C:a~t~~ur~~ . Yeas-Mayor McCauley, Coun- good faith, this amount to be cllmen Couchman, Meyers, Preg- retained pending full performance ler, Schultz. by the successful bidder and to Nays-None. he forfeited to the City as agreed liquidated damages upon failure to take up and pay for the bonds when ready in accordance with his hid, which must be reduced to writing on the Official Bid Fonn. The City Council reserves the right to waive informalities In any bid, to reject any or all bids and to determine in its sole discretion the best bid. The City Council has authorized the preparation of an Official Statement containing pertinent in- formation relative to the City. For copies of that Statement and the Official Bid Form, or for any additional information, any pros- pective purchaser is referred to the undersigned at the City Hall, Dubuque, Iowa, or to the Munici- pal Finauce Consultants to the City, Paul D. Speer & Associates, Inc., 20 North Wacker Drive, Chi- cago, Illinois 60606. Telephone: Area 312-Flnanclal 6-0658. By order of the City Council of the City of Dubuque, Iowa. Leo F. Frommelt City Clerk Dated August 26, 1968 Councilman Pregler m 0 v e d adoption of the resolution. Sec- onded by Councilman Schultz. Carried by the following vote: RESOLUTION NO. 374-68 Resolution initi.ting proceedings for the issuance of $1,995,000 Sewer Bonds of the City of Du. buque, low.. WHEREAS the City of Dubuque, in the County of Dubuque, and State of Iowa, heretofore pursuant to and in strict compliance with all laws applicable, lawfully or- dered and provided for building and constructing, extending and improving sewers and a sewer outlet and purifying plant in and for said City, the cost whereof, to the amount of $1,995,000, is to be paid by said City as a whole by the issuance of bonds, and WHEREAS it is necessary and advisable that provisions be made for the issuance of such bonds and notice and hearing on the Initiation of proceedings for such Issuance has heretofore been giv- en In manner and form required by Section 23.12 of the Code of Iowa, and no petition nor protest has been filed, and no petition has been filed asking that an election be called on the ques- tion of issuing said bonds; NOW, TBE;REFORE, Be It Re- solved hy the City Council of the City of Dubuque, Iowa, as follows: Section I. That the City Clerk be and he Is hereby authorized Special Session, August 26, 1968 and instructed to arrange for the preparation of a form of ordinance authorizing the issuance of these bonds and providing for the levy of taxes to pay the same. Section 2. That this hearing on the Issuance of said honds he and the same is hereby adjourned to the 16th day of Septemher, 1968, at 7:30 o'clock P.M., Central Day- light Saving Time, at the Council Chambers in the City Hall in said City, at which time and place said form of ordinance shall he pre- sented to this Council for action thereon in connection with the issuance of these bonds. Section 3. That all resolutions or parts thereof In conflict here- with he and the same are hereby repealed and this resolution shall be effective forthwith upon its passage and approval. Passed and approved August 26, 1968. Sylvester McCauley Mayor Attest: Leo F. Frommelt City Clerk Recorded Angust 26, 1968. Leo F. Frommelt City Clerk Councilman Meyers moved adop- tion of the resolution. Seconded hy Councilman Couchman. Carried hy the following vote: Yeas-Mayor McCauley, Coun. cilmen Couchman, Meyers, Preg- ler, Schultz. Nays-None. 459 Council of the City of Dubuque, Iowa, as follows: Section I. That Sewer Bonds of said City In the amount of $1,. 995,000 be advertised for sale, such bonds to he dated Septemher 1, 1968, bearing interest payable June 1, 1969, and semi-annually thereafter, and maturing serially and in numerical order on Decem- ber 1 of each of the respective years, as follows: Yeer Amount 1970 $ 45,000 1971 50,000 1972 110,000 1973 50,000 1974 150,000 1975 1110,000 1976 200,000 1977 2O~000 1978 200,000 1979 200,000 1980 200,000 1981 250,000 1982 250,000 and that hlds be requested for action thereon at the Council Chambers in the City Hall in said City at 12:00 o'clock Noon, Central Daylight Saving Time, on Septem- ber 10, 1968, and that the City Clerk be and he is hereby author- ized and directed to puhlic notice of such sale once each week for at least two consecutive weeks in the "Telegraph-Herald", a news- paper publlshed and of general circulation in Dubuque County, Iowa, such advertisement to be in the form customarily employed for that purpose. Section 2. That all resolutions or orders insofar as same may be in confilct herewith be and the same are hereby repealed. Passed and approved Angust 26, 1968. RESOLUTION NO. 37S-68 Resolution providing for the ed. verli"""'nt of $1,995,000 Sewer Bonds. WHEREAS the City Council of the City of Duhuque, Iowa, has heretofore determined it to be advisable and necessary to build Attest: and construct extend and improve Leo F. Frommelt sewers and 'a sewer outlet and City Clerk purifying plant In and for said Recorded August 26, 1968. City and It is necessary and for Leo F. Frommelt the best interests of said City that City Clerk $1,995,000 Sewer Bonds contem- plated to he issued to pay the NOTICE OF SALE OF cost thereof, to thàt amount, be SEWER BONDS offered for sale in the manner DUBUQUE, IOWA required by Chapter 75 of the, Sealed hids will be received Code of Iowa; ! until 12:00 o'clock Noon, Central NOW, THEREFORE, Be It and Daylight Saving TIme, on the 10th It Is Herehy Resolved by the City day of September, 1968, at the Sylvester McCauley Mayor II Ii Ii I ~ ill ¡I ,Ii il 1,1'1' II Iii -ii Ii" 400 Special Session, August 26, 1968 office of the City Clerk In the City Hall, Dubuque, Iowa, for the pur c has e of $1,995,000 Sewer Bonds of the City of Dubuque, Iowa, at which time such bids will be referred to the City Council of said City at its meeting to be then held at the Council Cham- bers in the City Hall in said City. Open bidding will be concluded not later than 1:00 o'clock P.M. and, after the hest open bid has been determined, the sealed bids wili be publicly opened and the bonds will be sold to the highest bidder for cash. Sealed bids will be fully protected. Said bonds will be dated Sep- tember 1, 1968, In the denomina- tion of $5000, bear Interest at a rate or rates not exceeding Five per cent (5%) per annum, payable June 1, 1969, and semi-annually thereafter, registrable as to prin- cipal only and will mature serial. ly and In numerical order on I December 1 of each of the re- ' spectlve years, as follows: Yea. Amount 1970 $ 45,000 1971 50,000 1972 50,000 1973 50,000 1974 150,000 1975 150,000 1976 200,000 1977 200,000 1978 200,000 1979 200,000 1980 200,000 1981 250,000 1982 250,000 None of said bonds will be op- tional for redemption prior to maturity. Both principal and In- terest will be payable at the office of the City Treasurer, Duhuque, Iowa. Each bid must be for all of said bonds upon terms of not less than par and accrued interest and shall specify the Interest rate or rates for the honds In a mul- tiple of one-quarter or one-tenth of one per cent provided that only one rate shall he specified for a single maturity and not more than three rates may be named for the issue. Repeating a previously mentioned rate will not constitute an additional Inter- est rate. Each installment of in- terest will be represented by a single coupon on each hondo The honds will be awarded to the best hldder determined upon the basis of the lowest total Interest cost at the rate or rates designated In his bid from September 1, 1968, to the respective final maturity dates, after deducting any pre- mium- These bonds will constitute gen- eral obligations of the City pay- able from taxes levied upon all the taxable property in the City without limitation as to rate or amount. Said bonds are expected to he delivered within thirty (30) days after the sale at any mutual- ly agreeahle bank or trust com- pany in the City of Chicago, illi- nois, Duhuque, Iowa, or Des Moines, Iowa, without expense to the purchaser. Should delivery be delayed beyond sixty (60) days from date of sale for any reason except failure of performance by the purchaser, the City may cancel the award or the purchaser may withdraw his check and there- after his interest In and liability for the bonds will cease. The City will furnish the printed bonds and the approving opinion of Messrs. Chapman and Cutler, Lawyers, Chicago, Illinois, togeth- er with the transcript and usual closing papers, including non-liti- gation certificate, and all bids may be so conditioned. Said opinion will be printed on the bonds if requested by the purchaser and will recite that, hased on current rulings and official Interpreta- tions, interest on said bonds is exempt from present federal in- come taxes. Each bidder must furnish a certified or cashier's check drawn on a solvent state or national bank or trust company for $39,900 payable to the order of the City Treasurer of said City as a guarantee of good faith, this amount to he retained pending full performance by the success- ful bidder and to be forfeited to the City as agreed liquidated damages upon failure to take up and pay for the bonds when ready in accordance with his bid, which must be reduced to writing on the Official Bid Form. The City Council reserves the right to waive informalities in any bid, to reject any or all bids and to determine In Its sole discre- tion the hest bid. The City Council has authorized the preparation of an Official Statement containing pertinent In- Special Session, August 26, 1968 461 formation relative to the City. For copies of that statement and the Official Bid Form, or for any addi- tional information, any prospec- tive purchaser is referred to the undersigned at the City Hall, Du- buque, Iowa, or the Municipal Finance Consultants to the City, Paul D. Speer & Associates, Inc., 20 North Wacker Drive, Chicago, lllinois 60606. Telephone: Area 312-FInancial 6-0858. By Order of the City Council of the City of Dubuque, Leo F. Frommelt City Clerk Dated Angust 26, 1968. Councilman Pregler m 0 v e d a:doption of' tile resolution. See- onìled by Councilman Schultz. Carried- by the following vote: Yeas-Mayor McCauley, Coun- eilmen Couchman, Meyers, Preg- ler, Schultz. Nays-None. RESOLUTION NO. 376-68 WHEREAS: Karl Haltenhoff, a citizen of Dubuque residing at 399 Moore Heights, has contrihuted greatly of his time in a clvlc- minded effort to Improve the Highway entrances to the city. WHEREAS: Karl Haltenhoff has performed extensive work in the layout, plauning, and beautifica- tion of that area. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That we do herehy express our gratitude to Karl Haltenhoff for his kind efforts and for a job well done. Passed, adopted and approved this 26th day of August, 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M.Couchman Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Meyers. Carried by the following vote: Yeas-Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays-None. RESOLUTION NO. 377-68 WHEREAS, pursuant to resolu- tion No. 252-68 City of Dubuque, Iowa undertook to sell to Joseph J. Even Lot 5 of Block 3 in "River Front Suhdlvision No.2" in the City of Dubuque, Iowa which par- cel was stated to contain .98 acres and thereby making the total pur- chase price as set out in said Resolution the sum of $8,537.76; and WHEREAS, In fact, said parcel of real estate as actually platted shows said parcel to contain .9348 ácres and therehy making the pur' chase price the total sum of $8,143.98. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF CITY OF DUBUQUE, IOWA: Section I. That the sale of the ahove described real estate to Jo- seph J. Even for the total purchase price of $8,143.98 be and the same is herehy approved, ratified and confirmed. Section 2. That the receipt of said purchase price of $8,143.98 is acknowledged by the City of Du- buque and delivery of deed to Joseph J. Even for said purchase price of $8,143.98 Is herehy rati, fled, approved and confirmed. Passed, approved and adopted this 26th day of August, 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Councilman Couchman moved adoption of the resolution. Sec- onded by Councilman Meyers. Carried hy the following vote: Yeas-Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays-None. of Yates Subdivision In the City of Dubuque, Iowa; and WHEREAS said plat conforms to the Statutes of Iowa and Ordi. nances of the City of Duhuque re- lating to the platting of real es- tate; NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the plat of that portion of Remon Street lying southerly of the south property line of West 16th Street being 122 feet in length and that portion of public alley abutting the same be- ing 20 feet in width which plat bears the date of May 2, 1968, prepared by Cullen-Bchilt2 '" ;.. sociates, Inc., be and the same is hereby approved. Section 2. That the Mayor and City Clerk he and they are hereby authorized and directed to exe- cute said plat for and on behalf of the City of Duhuqae, Iowa. Section 3. That the City Clerk be and he Is hereby authorized and directed to file a copy of said plat in the office of the recorder in and for Dubuque County, Iowa. Passed, adopted and approved this 26th day of August, 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen of Yates Subdivision in the City of Dubuque, Iowa, presented and read. Councilman Meyers moved that the reading just had be considered the first reading of the Ordinance. Seconded by Councilman Schultz. Carried hy the following vote: Yeas-Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays-None. Councilman Meyers moved that the rule requiring an Ordinance to be read on three separate days he waived. Seconded by Council- man Schultz. Carried by the fol- lowing vote: Yeas-Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays-None. 462 Special Session, Augnst 26, 1968 Special Session, August 26, 1968 463 RESOLUTION No. 378-68 WHEREAS, a plat of the Sub- division of Lot 1 of Lot 1, Block 6 "River Front Subdivision No.3" In tbe City of Dubuque, Iowa dat- ed August 21, 1968 has been pre- pared by Cullen-Schlltz and Asso- ciates, Inc., engineers and surveyors, and WHEREAS, said plat conforms to the laws and ordinances per- taining to the plats of real estate and same should be approved. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL CITY OF DUBUQUE, IOWA Section 1. That the plat of the Subdivision of Lot 1 of Lot 1, Block 6 "River Front Subdivision No.3" in the City of Dubuque, Iowa dated August 21, 1968 and prepared by Cullen-Schiltz and ;.. sociates, Inc., engineers and sur- veyors, he and the same Is hereby approved. Section 2. That the Mayor and CIty Clerk be and they are hereby authorized and directed to execute said plat for and on behalf of the City of Dubuque, Iowa. Passed, approved and adopted this 26th day of Angust 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Councilman Meyers moved adop- tion of the resolution. Seconded by Councilman Pregler. carried by the following vote: Yeas-Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays-None. RESOLUTION NO. 379-68 WHEREAS that portion of Hen- ion Street lying southerly of the south property line of West 16th Street, being 122 feet in length, and that portion of public alley abutting the same being 20 feet In width has been platted by a plat dated May 2, 1968, prepared by Cullen-Schilt2 & Associates, Inc., and which property shall hereafter be described and known as Lot 32A NOW THEREFORE BE IT OROAIN- ED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, of Heolon .- pro.. I baino 122 tlon of fha 20 .... In .. p'aHad, 32A of of Du- ...- Attest: Leo F. Frommelt City Clerk Councilman Couchman moved adoption of the resolution. Second- ed by Councilman Schultz. Carried by the following vote: Yeas-Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays-None. ORDINANCE NO. 54-68 An ordinance vacating the por- tion of Henion Street lying southerly of the South property line of West 16th Street being 122 feet in length and that por. tion of the alley abutting same being 20 feel In width which shall hereafter be platted, d.. scribed and known as Lot 32A va,afèd. 'eoflon he I. he, fila a", tho offl", " on<! 1n .... u"... u, ".. "" ~=.O~. Sa""'n 3. Thaf 'ha C;tv CIO,. ba and ha ,. ha"bv avtho,"'" and dl""'ad to pubtl.h nofi'" of 'nfent '0 di.PO" of "a' a.fafa a. ,. bv raw p,ovid"'. Pa,,"', app,ov'" and adOpt'" 'hi. 26fh dov of Augu"" 1.... SVlm'" M,CauIOv Mam Wa"" A, P"g'" M"no F. S,hu'tz Dona'd R. "0"" Govlon! M. Co",hman Coondlman AH"" Lou F. ",omma" Cltv CI". Pub!!.h'" offldaltv In Tho Ta'..,aph- Hmld Now.papar thl. 3,d dav of Sap- tomb" 1.... Leo F. F~malf Cltv CIOrI<. 11.9-3 Councilman Meyers moved adop- tion of the Ordinance. Seconded by Councilman Schultz. Carried hy the following vote: Yeas-Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays-None. RESOLUTION No. 380.68 WHEREAS the City Council of the City of Duhuque, Iowa, has heretofore passed, approved and adopted an Ordinance permitting structures with historical or archi- tectural significance to be used for museums, meeting rooms and pri- vate dinner parties for which fees may be charged; and WHEREAS the structure sitnat- ed on the real estate hereinafter described has historical and archi- tectural significance, and the use of said premises as such should be established. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section I. That the structure lo- cated on the real estate bereinafler descrihed be and the same is here- by deemed and found to have his- torical and architectural signifi- cance and the use of said premises as such is hereby established and permitted, which real estate is de- scribed as follows: The Middle One-Fifth of Out Lot 663, and the North Middle One- Fifth of Out Lot 663 EXCEPT the North 10 feet 4 inches in width thereof, In the City of Dubuque, Iowa, according to United S tat e s Commissioners' Map of the Town of Dubuque. Also known and described as the Middle One-Fifth of City Lot 663, and the South 40.10 feet of North Middle One-Fifth of City Lot 663, in the City of Dubuque, Iowa. Section 2. That the passage and adoption of this Resolution is in conjunction with and in accord- ance with Ordinance No. 50-68. Passed, approved and adopted this 26th day of August, 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Attest: Leo F. Frommelt City Clerk 464 Special Session, August 26, 1968 Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Couchman. Carried by the following vote: Yeas-Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays-None. RESOLUTION NO. 381-'8 WHEREAS the City Council of the City of Dubuque has hereto- fore adopted, passed and approved á Resolution authorizing the sale of certain real estate to Dubuque Holiday Bales, Inc., - and pursuant to said Resolution 1I0tice of intent to dispose of interest ÍÎl real estate was published; and WHEREAS a discrepancy has arisen in the description hy reason of the platting thereof and the publication of notice of intent to dispose of Interest of real estate; NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF . THE CITY OF DUBUQUE, IOWA: Section 1. That the City Clerk be and he is hereby directed to puhlish notice of Intent to dispose of interest In real estate to Du- buque Holiday Sales, Inc., covering the following described real es. tate: Lot 4 of Block 3 of Riverfront Subdivision No.2 in the City of Dubuque, Duhuque County, Iowa, as is hy law required. Passed, approved and adopted this 26th day of August, 1968- Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Councilman Meyers moved adop- tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas-Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays-None. Proof of Puhlicatlon, certified to by the Puhllsher, of notice of tak- Ing bids for the construction of the. Airport Terminal Building in Duhuque County for the City of Dubuque, Iowa, presented and read. Councilman Couchman m 0 v e d that the proof of puhllcation be received and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas-Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays-None. Duhuque Airport Commission August 26, 1968 Mr. Gilbert Chavenelle City Manager Dear Mr. Chavenelle: We, the Airport Commission, hereby recommend that the bids for the new Airport Terminal Building received Thursday, Au- gust 22, 1968, be accepted. After a review with our Architect, we find the bids to be favorahle and within the project estimate. We have allotted a hudget with con- tingencies that will provide for the base bid and the necessary alter- nates. We, the Commission, further recommend that the low hid of Willy Construction Company, Du- buque, Iowa, for the complete work be accepted and that a con. tract be prepared as soon as pos- sihle so that construction work can commence. The Dubuque Airport Commission will formally award contracts upon sale of bonds and deposit of funds for construction to the account of the Airport Commission with the City Treas- urer. The Contract shall he for the following sum: Base Bid Alternate A C E F G TOTAL $386,100.00 10,662.00 2,360.00 1,944.00 3,767.00 447.00 CONTRACT $405,280.00 AIRPORT COMMISSION Les M. Harney Chairman By Lloyd L. Peterson Commissioner By Jeff G. Molld Airport Manager Councilman Couchman m 0 v e d approval of the recommendation. Special Session, August 26, 1968 465 Seconded by Councilman Pregler. Carried by the following vote: Yeas-Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays-None. August 26, 1968 To the Honorahle Mayor and City Council Gentlemen: I am submitting to you a letter received from the Dubuque Air- port Commission, dated August 26, in regard to the bids received for the airport terminal construction. The Airport Commission has recommended that the contract be awarded to the Willy Construction Co. of Dubuque, Iowa, for the con- Struction of the airport terminal hullding in the amount of $405,- 280.00. I also recommend that the City Council approve the awarding of the contract hy the Airport Com- mission subject to the successful financing of the project. Respectfully suhmitted, Gilhert D. Chavenelle City Manager Councilman Schultz moved ap- proval of the recommendation. Seconded by Councilman Pregler. Carried by the following vote: Yeas-Mayor McCauley, Council- men Couchman, Meyers, Pregler, Sehultz. Nays-None. RESOLUTION NO. 382-68 WHEREAS sealed bids were re- I ceived np to 4:00 o'clock P.M. (Central Daylight Savings Time) on August 22, 1968, which hids were for the construction and erection of a new Dubuque Airport Termi. nal; and WHEREAS said bids were ex- amined and Willy Construction Co. of Dubuque, Iowa, submitted the lowest bid for said improve- ment. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the hid of Willy Construction Company of Duhuque, Iowa, for the erection and con- struction of the new Dubuque Air- port Terminal huilding which hid was as follows: Base Bid No.1 All Work $386,100.00 Alternate lA 10,662.00 Alternate IC 2,360.00 Alternate IE 1,944.00 Alternate IF 3,767.00 Alternate lG- 447.00 Total Bid: $405,280.00 Section 2. That the City Coun- cil of the City of Dubuque, Iowa, finds and determines that Willy Construction Company submitted the lowest and best bid and that the contract for the erection and construction of the new Dubuque Airport Terminal Building should be awarded to said contractor. Section 3. That the bid of Willy Construction Company of Dubuque, Iowa, be and the same is hereby accepted and the Dubuque Airport Commission be and it is hereby authorized, empowered and direct- e<I to enter into said contract with Willy Construction Company for the construction and erection of said new Dubuque Airport Termi- nal bnilding which contract shall be subject to the obtaining of suit- able and appropriate financing therefor. Section 4. That upon execution of said contract that the bid de- posits hy the other bidders shall be returned to said bidders. Passed, approved and adopted this 26th day of August, 1968. Sylvester McCauley Mayor Walter A. Pregler Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Schultz. Carried by the following vote: Yeas-Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays-None. RESOLUTION NO. 383-68 RESOLUTION providing for the advertisement of $490.000 Ai.. port BondL WHEREAS the City Council of the City of Duhuque, Iowa, has 466 Special Session, August 26, 1968 heretofore determined It to be ad- visable and necessary that the municipal airport of the City be improved and it is necessary and for the best interests of said City that $490,000 Airport Bondx con- templated to be issued to pay the cost thereof be offered for sale In the manner required by Chapter 75 of the Code of Iowa; NOW, THEREFORE, Be It and It Is Hereby Resolved by the City Council of the City of Dubuque, Iowa, as follows: Section 1. That Airport Bondx of said City In the amount of $490,000 be advertised for sale, such bonds to be dated Septemher 1, 1968, hearing Interest payable June 1, 1969, and semiannually thereafter, and maturing In nu. merical order $40,000 on Decem- ber 1, 1969, and $50,000 on Decem- ber 1 of each of the years 1970 to 1978, Inclusive, and that bids he requested for action thereon at the Council Chambers In the City Hall in said City at 12.:00 o'clock Noon, Central Daylight Saving TIme, on September 10, 1968, and that the City Clerk he and he Is bereby authorized and directed to publish notice of such sale once each week for at least two con- secutive weeks In the "Telegraph- Herald," a newspaper published and of general circulation in Du- huque County, Iowa, such adver- tisement to be in the ~orm customarily employed for that purpose. Section 2. That all resolutions or orders Insofar as same may be In conflict herewith be and the same are hereby repealed. Passed and approved August 26, 1968. Sylvester McCauley Mayor Attest: Leo F. Frommelt, City Clerk Recorded August 26, 1968 Leo F. Frommelt City Clerk NOTICE OF SALE OF AIRPORT BONDS, DUBUQUE, IOWA Sealed bids will be received until 12:00 o'clock Noon, Central Daylight Saving Time, on the 10th day of September, 1968, at the office of the City Clerk in the City Hall, Dubuque, Iowa, for the purchase of $490,000 Airport Bonds of the City of Dubuque, Iowa, at which time such hlds will be referred to the City Council of said City at Its meeting to be then held at the Council Cham- bers in the City Hall In said City. Open bidding will be concluded not later than 1:00 o'clock P.M. and, after the best open bid has heen determined, the sealed bids will be puhlicly opened and the bonds will be sold to the highest hidder for cash. Sealed bidx will be fully protected. Said honds will he dated Septem- ber 1, 1968, in the denomination of $5000, bear interest at a rate or rates not exceeding Five per cent (5%) per annum, payable June I, 1969, and semiannually thereafter, registrable as to principal only, and will mature In numerical or- der $40,000 on December 1, 1969, and $50,000 on December 1 of each of the years 1970 to 1978, in- clusive. None of said bonds will be optional for redemption prior to maturity. Both principal and in- terest will be payable at the office of the City Treasurer, Duhuque, Iowa. Each bid must be for all of said hondx upon terms of not less than par and accrued interest and shall specify the interest rate or rates for the bondx in a mul- tiple of one-quarter or one-tenth of one per cent prvoided that only one rate shall be specified for a single maturity and not more than three rates may he named for the issue. Repeating a previously men- tioned rate will not constitute an additional interest rate. Each In- stallment of interest will be repre- sented by a single coupon on each bond. The bonds will be awarded to the best hldder determined upon the basis of the lowest total interest cost at the rate or rates designated In his bid from Septem- ber 1, 1968, to the respective final maturity dates, after deducting any premium. These honds will constitute gen. eral obligations of the City pay- able from taxes levied upon all the taxahle property in the City without limitation as to rate or amount. Said bonds are expected to be delivered within thirty (30) days after the sale at any mutual- special Session, August 26, 1968' 4f11 ly agreeable bank or trust com- pany in the City of Chicago, n- linois, Dubuque, Iowa, or Des Moines, Iowa, without expense to the purchaser. Should delivery be delayed beyond sixty (60) days from date of sale for any reason except failure of performance by the purchaser, the City may cancel the award or the purchaser may withdraw his check and thereafter his interest in and liahility for the bonds will cease. The City will fur- nish the printed bondx and the approving opinion of Messrs. Chapman and Cutler, Lawyers, Chicago, nlinois, together with the transcript and us u a 1 closing papers, including non-litigation certificate, and all bids may be so conditioned. Said opinion will be printed on the bonds if request- ed by the purchaser and will re- cite that, based on current rulings and official interpretations, inter- est on said bonds Is exempt from present federal income taxes. Each bidder must furnish a certified or cashier's check drawn on a sol- vent state or national hank or trust company for $9800 payable to the order of the City Treasurer of I said City as a guarantee of good faith, this amount to be retained pending full performance by the successful bidder and to be for- feited to the City as agreed liqui- dated damages upon failure to take up and pay for the bonds when ready in accordance with his bid, which must be reduced to writing on the Official Bid Form. The City Council reserves the right to waive informalities in any bid, to reject any or all bids and to determine In its sole discretion the best bid. The City Council has authorized the preparation of an Official Statement containing pertinent in- formation relative to the City. For copies of that Statement and the Official Bid Form, or for any ad- ditional information, any prospec- tive purchaser is referred to the undersigned at the City Hall, Du- buque, Iowa, or the Municipal Fi- nance Consultants to the City, Paul D. Speer & Asosciates, Inc., 20 North Wacker Drive, Chicago, il- linois 60606. Telephone: Area 312- FInancial 6-0858. By order of the City Council of the City of Dubuque, Iowa, Leò F; FronImelt City Clerk' Date: August. 26, 1968.' ' Co un c.il man Preg!ermoved adoption of the resolution: Sec- onded byCouncilmal1 Couchmal1. Carried by the followin¡¡ vote:" Yeas-Mayor McCaùley, CoúÌ1C1I- men Couchman, Meyers, Pregler, Schultz. Nays-None. Councilman Pregler moved that the City Manager be authorized to charge 3% service tax on parkil1g ramp fees. Seconded by Council- man Schultz. Carried hy the fol- lowing vote: Yeas-Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays-None. Mayor McCauley moved that the rules be suspended in order to let anyone present address' the Council if they so desire. Seconded by Councilman Schultz. Carried by the following vote: Yeas-Mayor McCauley, Council- men Couchman, Meyers, Pregler, Schultz. Nays-None. Approximately fifty youth of the City were in attendance at the Council meeting which was con- sidered to be an orderly plea for recreational facilities. Mr. Mike Metcalf of 1720 Avoca St. seemed to express the theme by stating "No place to go." He made an apology for the disorderly demon- stration of youth during the course of last week in the hilI sec- tion of the City on University Avenue. What the youth of the City really want Is a recreation center, which should be a build- ing of some kind that would con- tain a game room, T.V., snack bar etc. Mr. John Unsen of 1053 Miller Road and Ron Schwartz of 570'h W. Locust also addressed the Council along the lines of hav- ing a place to go for the seventeen to twenty age group. Louis Mos- coso offered the services of his band in order to help raise money to promote and establish a recrea- tional center, 468 Special Session, August 26. 1968 There being no further business Councilman Meyers moved that the meeting be adjourned to Sep- tember 16, 1968 at 7:30 o'clock P.M. Seconded by Mayor McCauley. Carried by the following vote: Yeas-Mayor McCauley, Council- men Couchman, Meyer., Pregler, Schultz. NaY5-None. LeaF. Frommelt City Clerk Approved ..............................1968. Adopted ..................................1988. .......-...........-.........................".............................. ......................-......."................................................ -................-..........................-....................-....... --..........---...............".................................... -,,"""---"-""""-""""""""""""""'" Councilmen Attest: ..............................".................. City Clerk