The URL can be used to link to this page

Y Roll_35 Part 05Special Session, February 22, 1967 93 Councilman McCauley. Carried by the following vote: Yeas — Mayor Ludwig, Council- men McCauley, Pregler, Schultz. Nays — None. Absent — Councilmen Pfohl. February 21, 196 Honorable Mayor and City Council Gentlemen: On January 29, 1966, Bernice Heles of 243 West 11th Street, Du- buque, Iowa (now residing at 201 West 17th St., Dubuque, Iowa) filed claim against the City for injur- ies she suffered on January 19, 1966, as the result of a fall in the north -south crosswalk on the south- west corner of 111h & Locust Streets, claiming an accumulation of ice and snow thereat. I have conferred with Miss Heles who has incurred hospital and doc- tor bills as a result of said fall and she has made an offer of set- tlement in the amount of $250.00. It is the recommendation of the City Attorney that said offer of settlement be accepted and the City Auditor be instructed to draw a warrant payable to Bernice A. Heles in the amount of $250.00 and to transmit same to the City Attor- ney upon receipt of duly executed release. Original claim is attached here- to. Respectfully submitted, R. N. Russo, City Attorney Councilman McCauley moved that the recommendation of the City Attorney be approved. Second- ed by Councilman Schultz. Carried by the following vote: Yeas — Mayor Ludwig, Council- men McCauley, Pregler, Schultz. Nays — None. Absent — Councilman Pfohl. February 21, 1967 Honorable Mayor and City Council Gentlemen: On January 19, 1967, Mrs. Elaine Schmoldt of 1295 Cerro Drive, Dubuque, Iowa, filed claim against the City for injuries she suffered on January 2, 1967, as the result of a fall on the public sidewalk abutting 1295 Grove Terrace in the City of Dubuque, by reason of said sidewalk having an accumulation of ice and snow thereon. I have conferred with Mrs. Schmodlt who has incurred hos- pital and doctor bills as a result of said fall and she has made an offer of settlement in the amount of $92.98. It is the recommendation of the City Attorney that said offer of settlement be accepted and the City Auditor be instructed to draw a warrant payable to Elaine Schmoldt and Weldon Schmoldt in. dividually and as husband and wife in the amount of $92.98 and trans- mit same to the City Attorney upon receipt of duly executed release. Original claim is attached here. to. Respectfully submitted, R. N. Russo, City Attorney Councilman Schultz moved that the recommendation of the City Attor- ney be approved. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Ludwig, Council- men McCauley, Pregler, Schultz. Nays—None. Absent—Councilman Pfohl. Notice of claim of Kenneth G. Cullen of 2120 Foye Street, in the amount of $800. for personal injur- ies received in a fall in the cross- walk at 10th K Jackson St. on January 9, 1967, due to accumu- lation of ice and snow, presented and read. Mayor Ludwig moved that the claim be referred to the City Solicitor for investigation and report. Seconded by Councilman Pregler. Carried by the following vote: Peas — Mayor Ludwig, Council- men McCauley, Pregler, Schultz. Nays—None. Absent—Councilman Pfohl. Notice of claim of Mary Ann Delaney of 481 Clark St., in an undetermined amount, for personal injuries received in a fall at 449 Clark Street, due to an accumula. tion of ice and snow on February 11, 1967, presented and read. May- or Ludwig moved that the claim be referred to the City Solicitor for investigation and report. Sec- onded by Councilman Pregler. Car- ried by the following vote: Yeas — Mayor Ludwig, Council- men McCauley, Pregler, Schultz. Nays—None. Absent—Councihnan Pfohl. Notice of claim of Elsie Mary Mikkelsen of 590 Alla Vista St., in 94 Special Session, February 22, 1987 an undetermined amount, for per- sonal injuries received in a fall due to accumulation of ice and snow at the intersection of Cale- donia and Hill Street on January 23, 1967, presented and read. Mayor Ludwig moved that the claim be referred to the City Solicitor for investigation and report. Seconded by Councilman Pregler. Carried by the following vote: Seconded by Councilman Pregler. Carried by the following vote: Yeas—Mayor Ludwig, Council- men McCauley, Pregler, Schultz. Nays—None. Absent—Councilman Pfohl. Notice of petition of John A. Link and Marvel M. Link vs. Board of Adjustment et al relative to the zoning problem of Lot 1 of 1 of 1 of SEY4 SEY4, requiring that it be used other than as a single family residence at the time of annexa- tion of the property to the City, presented and read. Mayor Ludwig moved that the Petition be refer- red to the City Solicitor for investi- gation and report. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Ludwig, Council- men McCauley, Pregler, Schultz. Nays—None. Absent—Councilman Pfohl. Proof of Publication, certified to by the Publisher, of notice of public hearing to consider amend- ing the Zoning Ordinance by add- ing a new sub -section 6 to Section 2 (h) and permitting additional area to be used for Professional offices or studios of a Physician, Dentist, Architect, Engineer, Law- yer, Realtor, Insurance, Musician or similar profession within a cer- tain described area, presented and read. No written objections were filed and no oral objectors were present in the Council Chamber at the time set for the public hearing. Mayor Ludwig moved that the proof of Publication, be received and filed. Seconded by Councilman McCauley. Carried by the following vote: Yeas — Mayor Ludwig, Council- men McCauley, Pregler, Schultz. Nays—None. Absent --Councilman Pfohl. ORDINANCE NO. 2.67 An Ordinance amending Ordin- ance No. 3.34, known as the Zon- ing Ordinance and the Zoning Map of the City of Dubuque, Iowa, by adding a new Sub Sec- tion 6 to Section 2 (h) and per- mitting additional area to be used for professional offices or studios of a Physician, Dentist, Architect, Engineer, L a w y e r, Realtor, Insurance, Musician or similar profession with a certain described area, said Ordinance having been pre- viously presented and read at the Council meeting of January 23, 1967, presented for final adop- tion. Ordinance No. 2-67 n Ordinance Amending Ordinance No 1 known as the Zoning Ordinance and Zoning Map o1 the City of Du- o e�eict on 2y adding ds permitt ng ub section ial area to be used for Professional ces or studios of a Physician, Dentist, :hitect, Engineer, Lawyer, Realtor, urance, Musician, or similar Profes- n within the following additional de- ibed area: leginning at the north line of West rd Street; thence northerly including area between the west line of Bluf eel and a line one hundred feet west - y and Parallel to the weal Ine of tff Street northerly to the south line Lot 5 of City Lot 653A, which Is aP wimately one hundred and forty igfheet ith of the south line of West t Be it Ordained by the City Council of the City of Dubuque, Iowa. Section 1. That the Zoning Ordinance known as Ordeand Zoning Map ofinathe Cityo0f3Dubuque the and the same Is hereby amended by adding a new sub section 6 10 Section $ (h) and permitting adidtional area to be used for Professional offices or studios of a Physician, dentist, architect, unglneer, lawyer, realtor, Insurance, musician or sim(liar profession within the following additional described area: Beginning at the north line of West Thlro Street, thence northerly Includlnp the area between the west line of Bluff Street and a line one hundred feet west- erlyand parallel to the west line of Biuff Street northerly to the south line of Lot 5 of City Lot 653A, which Is one ndred nrlhtoAlfhesouth line of West Eighth Avenue. Section 2. This Ordinance shall be In full force and effect from Ind aefter Its final Passage, adoption and Publication as by law provided. Introduced the 23rd day of January. 1967. Rule requiring reading on three separ- dte days suspended by unanimous vote the 23rd day of January, 1967. Passed on recorded roll call vote adopted and approved this 22nd day of February, 1961. Richard Ludwig Mor M. SayYvlveater McCauley Merlin F. Schultz Walter A. Pregler Councilmen Attest: Leo F. Frommelt City Clerk Published officially In The Telegraph - Herald Newspaper this 1st day of March •967. L City Clerk Councilman Pregler moved final adoption of the Ordinance. Sec- onded by Councilman Schultz. Car- ried by the following vote: Yeas — Mayor Ludwig, Coun- cilmen McCauley, Pregler, Schultz. Nays—None. Absent—Councilman Pfohl. Special Session, Fehruary 22, 1967 95 Proof of Publication, certified to by the Publisher, of notice of pub- lic hearing to consider a proposed Ordinance amending the Zoning Ordinance so as to change Lot 1 of Block 4 and all of Block 3 of Westchester Subdivision from Sin- gle Family to Multiple Family Dis- trict Classification, presented and read. No written objections were filed and no oral objectors were present in the Council Chamber at. the time set for the public hearing. Mayor Ludwig moved that the proof of publication be received and filed. Seconded by Council- man Pregler. Carried by the fol- lowing vote: Yeas — Mayor Ludwig, Council. men McCauley, Pregler, Schultz. Nays—None. Absent—Councilman Pfohl. ORDINANCE NO. 3.67 An Ordinance amending the Zoning Map and Zoning Ordi- nance known as Ordinance No. 3.34 of the City of Dubuque to change Lot 1 of Block 4 and all of Block 3, Westchester Subdivi- sion from its present Single Family Residence District Clas- sification to Multiple Family Residence District Classification, said Ordinance having been pre- viously presented and read at the Council meeitng of January 23, 1967, presented for Final Adop- tion. Ordinance No. 347 An Ordinance Amending the Zoning MaP and Zoning Ordinance known as Ordinance No. 3.34 of the City of Du- buque to change Lot 1 of Block 4 and all of Block 3, Westchesler Subdivision from its present Single Family Residence Dis. trict Classificiatlon to Multiple Family Residence District Classification. Be It Ordained by the City Council of the City of Dubuque, Iowa. Section 1. That the Zoning Ordinance Known as Ordinance No. 3-34 and the Zoning Map of the City of Dubuque be and the same is hereby amended by changingLot 1 of Block 4 and all of Block 3 Westchester Subdivision from Its present Single Family Residence Dis- trict Classilicalion to Multiple Family Residence District Classification. Section 2. This Ordinance shall be In full force and effect fromand after Its Passage, adoption and Pubhcatlon as by ew Prov ided. Introduced the 23rd day of January, 1967. Rule requiring reading on three separ- ate days suspended by unanimous vote the 23rd day o1 January 1967. Passed by recorded roll call vote, adopted and approved this 22nd day of February 1%7 Richard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz Walter A. Pregler Councilmen Attest: ,-so F. Frommelt City Clerk r Pof Mublished officially In The Telega Herald Newspaper this 1st day arrtsch 1967. Leo F. Frommelt City Clerk Mayor Ludwig moved final adop- tion of the Ordinance. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Mayor Ludwig, Council. men McCauley, Pregler, Schultz. Nays—None. Absent—Councilman Pfohl. ORDINANCE NO. 9.67 An Ordinance Amending Ordin. ance No. 33.49 known as the "Traffic Code of Dubuque, Iowa" as amended by enacting a new subsection 90 of Schedule VI thereof, and enacing a new sub- section 91 of Schedule V1 there. of, and enacting a new subsec- tion 92 of Schedule VI thereof, and enacting a new subsection 93 of Schedule VI thereof and a new subsection 94 of Schedule VI thereof to prohibit the parking of motor vehicles on the west side of Burch Street from Hill Street to West Third Street, pro- hibit parking of motor vehicles on both sides of North Grand- view Avenue from Audubon Street to West Thirty -Second Street, to prohibit the parking of motor vehicles on both sides of John F. Kennedy Road from Uni- versity Avenue to West Thirty - Second Street, to prohibit the parking of motor vehicles on the north side of Pennsylvania Av- enue from University Avenue to the John F. Kennedy Road and both sides of Pennsylvania Av- enue from John F. Kennedy Road to the westerly city limits, and to prohibit the parking of motor vehicles on both sides of Kerper Boulevard from Pine Street to Hawthorne Street, presented and read. Councilman Pregler moved that the reading just had be considered the first reading of the Ordinance. Seconded by Councilman McCauley. Carried by the following vote: Yeas — Mayor Ludwig, Council- men McCauley, Pregler, Schultz. Nays—None. Absent — Councilman Pfohl. Councilman Pregler moved that the rule requiring an Ordinance to be read on three separate days be waived. Seconded by Councilman 98 Special Session, February 22, 1987 McCauley. Carried by the follow- ing vote: Yeas — Mayor Ludwig, Council- men McCauley, Pregler, Schultz. Nays — None. Absent — Councilman Pfohl. ORDINANCE NO. 9-67 S NOWTTO THEREFOREOBEEITORDAIN- ED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Ordinance No. 33-e4 known as the "Traffic Code of Dubuque. Iowa" as amonded, be and the same Is hereby amended by enacting a new Subsection 90 of Schedule VI thereof, by enacting a new Subsection 91 of Sched- ule VI thereof, and by enacting a new Subsection 92 of Schedule VI thereof, vnd by enacting a new Subsection 93 of Schedule VI thereof and by enacting a new Subsection 94 of Schedule VI there- of as foilows: "Schedule VI. 90. The west side of Burch Street from Hill Street to West 3rd Street. 91. Both sides of Grandview Avenue from Audubon Street to West 32nd Street. 92. Both sides of John F. Kennedy Road from University Avenue to West 32nd Street. 93. The rorth side of Pennsylvania Avenue from University Avenue o the John F. Kennedy Road and th sides of Pennsylvania Ave- nue from John F. Kennedy Road to the Westerly City Limits. 94. Both sides of Kerper Boulevard from Pine Street to Hawthorne Street" Passed, adopted and approved this 22nd day of February, 9id Ludwig Mayor M'Sylvester McCauley Merlin F. Schultz Welter A. Pregler Councilmen Attest: Leo F. Frommell City Clerk Published officially in The Telegraph - Herald Newspaper this 1st day of March 1%7. Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the Ordinance. Seconded by Councilman McCauley. Carried by the following vote: Yeas — Mayor Ludwig, Council- men McCauley, Pregler, Schultz. Nays — None. Absent — Councilman Pfohl. ORDINANCE NO. 10.67 An Ordinance Amending Ordin. ance No. 3349 known as the "Traffic Code of Dubuque, Iowa" as amended, by repealing sub- section 22 of Schedule VI there- of and repealing subsection 78 Schedule VI thereof and enacting a new subsection 22 of Schedule VI thereof and enacing a new subsection 78 of Schedule VI in lieu thereof to provide that mot- or vehicles shall be prohibited from parking on the north side of Clarke Drive from Heeb Street to West Locust Street and the north side of Asbury Road from St, Ambrose Street to Bunker Hill Drive and both sides of As. bury Road from John F. Ken- nedy Road to the westerly city limits, presented and read. Councilman Pregler moved that the reading just had be considered the first reading of the Ordinance. Seconded by Councilman McCauley. Carried by the following vote: Yeas — Mayor Ludwig, Council- men McCauley, Pregler, Schultz. Nays—None. Absent—Councilman Pfohl. Councilman Pregler moved that the rule requiring the reading of an Ordinance on three separate days be waived. Seconded by Coun- cilman McCauley. Carried by the following vote: Yeas — Mayor Ludwig, Council- men McCauley, Pregler, Schultz. Nays — None, Absent — Councilman Pfohl. ORDINANCE NO. 10.67 31NANCE AMENDING IT ORDAINED OF THE CITY Ince No. 33.49 as as mg a new SUDseciion 71 of bcheouie I In lieu thereof and by repealing Su section 79 of Schedule VI thereof and enacting a new Subsection 78 of Sched- ule VI in lieu thereof as follows: "Schedule VI. 22. The north side of Clarke Drive from Heeb Street to West Locust Street. Special Session, February 22, 1967 97 79, The North side of Asbury Road from St. Ambrose Street to Bunker Hill Drive and on both sides of Asbury Road from the John F. Kennedy Road to the westerly City Limits. Passed, adopted and approved this 22nd day of February, 1967 Richard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz Weiter A. Pregler Councilmen Attest: Leo F. Frommelt City Clerk Published officially in The Telegraph - Herald Newspaper this 1st day of March 1967. Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the Ordinance. Seconded by Councilman McCauley. Carried by the following vote: Yeas — Mayor Ludwig, Council- men McCauley, Pregler, Schultz. Nays—None. Absent — Councilman Pfohl. February 22, 1967 To the Honorable Mayor and City Council Gentlemen: I am submitting the attached ord- inance amending the budget ord- inance No. 1.67 as adopted on the 3rd day of January 1967. The proposed amendment is largely to provide for "carry over" programs started in 1966 but not completed during that year. I recommend that the ordinance be adopted. Respectfully requested, Gilbert D. Chavenelle, City Manager Mayor Ludwig moved approval of the recommendation. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Ludwig, Council- men McCauley, Pregler, Schultz. Nays—None. Absent --Councilman Pfohl. ORDINANCE NO. 11.67 An Ordinance Amending the Budget as approved by Resolu- tion No. 21466 and Ordinance No. 1-67, presented and read. Councilman McCauley moved that the reading just had be con- sidered the first reading of the Ordinance. Seconded by Mayor Ludwig. Carried by the following vote: Yeas — Mayor Ludwig, Council- men McCauley, Pregler, Schultz. Nays—None. Absent—Councilman Pfohl. Councilman McCauley moved that the rule requiring an Ordin- ance to be read on three separate days be waived. Seconded by Mayor Ludwig. Carried by the following vote: Yeas — Mayor Ludwig, Council. men McCauley, Pregler, Schultz. Nays --None. Absent — Councilman Pfohl. Councilman McCauley moved that a public hearing be held on the Ordinance on March 20, 1967 at 7:30 P.M. in the Council Cham- ber at the City Hall and that the City Clerk be instructed to publish notice of the hearing in the man- ner required by law. Seconded by Mayor Ludwig. Carried by the fol- lowing vote: Yeas — Mayor Ludwig, Council- men McCauley, Pregler, Schultz. Nays—None. Absent Councilman Pfohl. February 22, 1967 To the Honorable Mayor and City Council Gentlemen: I am returning to you the peti- tion and letter concerning parking in front of Wartburg Seminary. In reply of the petition I am en- closing a report from the Traffic Section of the Police Department. I recommend the passage of an ordinance restricting parking on both sides of Wartburg Place from Fremont Avenue to the entrance of Sunset Ridge. Respectfully, Gilbert D. Chavenelle, City Manager Mayor Ludwig moved that the recommendation of the City Man- ager be approved. Seconded by Councilman McCauley. Carried by the following vote: Yeas—Mayor Ludwig, Council- men McCauley, Pregler, Schultz. Nays—None. Absent—Councilman Pfohl. ORDINANCE NO. 12-67 An Ordinance Amending Ordin- ance No. 33.49 known as the "Traffic Code of Dubuque, Iowa" as amended, by repealing sub- section 21 of Schedule VI and subsection 28 of Schedule VI and enacting a new subsection 28 in lieu thereof to prohibit parking of motor vehicles on both sides of Wartburg Place from Fremont Avenue to the entrance to Sun. set Ridge, presented and read. Councilrnan McCauley Inoved that the reading just had be con- 98 Special Session, February 22, 1967 sidered the first reading of the Ordinance. Seconded by Council- man Pregler. Carried by the fol- lowing vote: Yeas — Mayor Ludwig, Council- men McCauley, Pregler, Schultz. Nays—None. Absent—Councilman Pfohl, Councilman McCauley moved that the rule requiring the reading of an Ordinance on three separate days be waived. Seconded by May- or Ludwig. Carried by the follow- ing vote: Yeas — Mayor Ludwig, Council- men McCauley. Pregler, Schultz. Nays—None. Absent --Councilman Pfohl. ORDINANCE NO. 12-67 eur _ IN Nn AN1C49 AKNOWN GAS R Secflon_l. Yhat Ordinance No. 33-49 known as the "Traffic Code of Dubuque, Iowa,, as amended be and the same Is hereby amended by repealing Subsec- tion 27 of Schedule VI thereof and by repealing Subsection 28 of Schedule VI thereof and enacting a new Subsection 28 of Schedule VI In lieu thereof as follows: 'Schedule Vt. 28. Both sides of Wartburg Place from Fremont Avenue to the entrance to Sun- set Ridge." Passed, adopted and approved this 22nd day of February, 1967. Richard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz Walter A. Pregler Councilmen Attest: Leo F. Frommelt City Clerk Published officially In The Tetegraph- Herald Newspaper this lst day of March 1967. Leo F. Frommelt City Clerk Councilman McCauley moved ad- option of the Ordinance. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Ludwig, Council- men McCauley, Pregler, Schultz. Nays—None. Absent --Councilman Pfohl. February 8, 1967 To the Honorable Mayor and City Council Gentlemen: Lot 22 Sub. 1 M. L. 237 and 2 M. L. 243 owned by Charles J. Mur- phy which abutts University Ave- nue was assessed for the City of Dubuque 1966 Concrete Curb and Gutter Project No. 1 and the 1966 Hot Mix Hot laid Asphaltic Con - Crete Paving Project No. 1. This assessment was based on 49,774 units and should be changed to 37,523 units which would change the total assessment for the Lot from $3158.24 to $2324,69. I request your Honorable Body to instruct the City Auditor to draw a warrant in the amount of $377.31 from the R.U.T. Fund #135 1 to pay the City of Dubuque 1966 Covi- crete Curb and Gutter Project No. 1 and a warrant in the amount of $456.24 from the R.U.T. Fund x+135 1 to pay the City of Dubuque 1966 Hot Mix -Hot Laid Asphaltic Con- crete Paving Project No. 1. Respectfully, John L. White City Engineer Councilman Pregler moved that the recommendation of the City Engineer be approved. Seconded by Councilman McCauley. Carried by the following vote: Yeas — Mayor Ludwig, Council- men McCauley, Pregler, Schultz. Nays—None. Absent—Councilman Pfohl. February 7, 1967 To the Honorable Mayor and City Council Gentlemen: Lot 1.1-3 of Mineral Lot 112 owned by Ambrose J. Agnitsch and Jeanette Agnitsch which abutts Kelly Lane was assessed for the recently completed City of Du- buque Kelly Lane Water Main Proj- ect No. 1. This assessment was based on a front footage of 176'; this frontage should be 121' which would change the final assessment from $396.00 to $272.25. I request your honorable body instruct the City Auditor to draw a warrant in the amount of 123.75 from the City of Dubuque Water Department Depreciation F u n d #149BE38 to pay the City of Du- buque Kelly Lane Water Main Project No. 1. Very truly yours, John L. White City Engineer Councilman Pregler moved that the recommendation of the City Engineer be approved. Seconded by Councilman McCauley. Carried by the following vote: Yeas—Mayor Ludwig, Council- men McCauley, Pregler, Schultz. Nays—None. Absent—Councilman Pfohl. Special Session, February 22, 1987 q) Petition of H. G. Meyer and R. G. McNamer requesting a general clean up of the property next to 692 Florence Street also construc- tion of a proper spillway to carry water and provide proper drainage of the area, presented and read. Councilman Pregler moved that the petition be referred to the City Manager for investigation and re- port. Seconded by Councilman Mc- Cauley. Carried by the following vote: Yeas—Mayor Ludwig, Council- men McCauley, Pregler, Schultz. Nays—None. Absent—Councilman Pfohl. Petition of S.P.E.B.S.Q.S.A. (Bar- bershoppers) requesting permission to park a wagon in the vicinity of 9th & Main Street for display of information covering their organ- ization, presented and read. Councilman Pregler moved that the petition be referred to the Mayor and City Manager. Second- ed by Councilman Schultz. Carried by the following vote: Yeas—Mayor Ludwig, Council- men McCauley, Pregler, Schultz. Nays—None. Absent—Councilman Pfohl. Petition of A. L. Weitz of 2999 Burden Ave. requesting to be heard at the Council meeting of February 22, 1967, presented and read. Mayor Ludwig moved that the rules be suspended to allow Mr. Weitz to address the Council. Sec- onded by Councilman McCauley. Carried by the following vote: Yeas—Mayor Ludwig, Council- men McCauley, Pregler, Schultz. Nays—None. Absent—Councilman Pfohl. Mr. Weitz addressed the Council on the unfairness of Urban Re- newal and requested that it be sub- mitted to the voters. Councilman McCauley moved that the petition of Mr. Weitz be re- ceived and filed. Seconded by Councilman Schultz. Carried by the following vote: Yeas—Mayor Ludwig, Council- men McCauley, Pregler, Schultz. Nays—None. Absent—Councilman Pfohl. Petition of Peoples Natural Gas requesting permission to excavate in East Ninth Street, presented and read. Mayor Ludwig moved that the Petition be granted after being as- sured of the approval of the City Wr Engineer. Seconded by Councilman McCauley. Carried by the follow- ing vote: Yeas—Mayor Ludwig, Council- men McCauley, Pregler, Schultz. Nays—None. Absent—Councilman Pfohl. Petition of attorney Joseph J. Bitter, in behalf of Robert A. Brill - hart, requesting permission to ad- dress the Council relative to the issuance of a beer permit request- ed by Mr. Brillhart to locate at 2412 Central Avenue, presented and read. Councilman Pregler moved to suspend the rules in order to al- low attorney Bitter to address the Council on the subject at hand. Seconded by Councilman McCauley. Carried by the following vote: Yeas—Mayor Ludwig, Council- men McCauley, Pregler, Schultz. Nays—None. Absent—Councilman Pfohl. Attorney Bitter advised the Council that Mr. Brillhart had al- ready expended a considerable sum of money on the proposed tavern. He requested that a beer license INC issued to Mr. Brillhart despite the non -approval of the Chief of Police. Mayor Ludwig moved that the Council enter into an executive session. Seconded by Councilman Schultz. Carried by the following vote: Yeas—Mayor Ludwig, Council- men McCauley, Pregler, Schultz. Nays—None. Absent—Councilman Pfohl. The Council was in executive ses- si3n from 9:30 P.M. to 9:40 P.M. after which time upon entry into the Council Chamber Mayor Lud- wig moved that the application for a beer permit by Mr. Robert Brill - hart be denied. Seconded by Coun. cilman Pregler. Carried by the fol- lowing vote: Yeas—Mayor Ludwig, Council- men McCauley. Pregler, Schultz. Nays—None. Absent—Councilman Pfohl. Petition of Northwestern Bell Telephone Co. requesting permis- sion to construct a new manhole in the alley behind their central office building at 900 Locust Street and further requesting approval of the Council for construction along and under liighway #3, presented I and read. 100 Special Session, February 22, 1967 Councilman Schultz moved that the petitions be granted and the Clerk be instructed to sign the necessary document indicating ap- proval by the Council. Seconded by Mayor Ludwig. Carried by the following vote: Yeas—Mayor Ludwig, Council- men McCauley, Pregler, Schultz. Nays—None. Absent—Councilman Pfohl. Petition of John F. Hall request- ing a refund of $375 on the unex- pired portion of Class "C" Liquor License No. C-3119, as he has dis- continued business on January 23, 1967, presented and read. Mayor Ludwig moved that the refund be granted and the Auditor instructed to issue proper warrant. Seconded by Councilman Pregler. Carried by the following vote: Yeas—Mayor Ludwig, Council- men McCauley, Pregler, Schultz. Nays—None. Absent—Councilman Pfohl. Proof of Publication, certified to by the Publisher, of "Offical Bal- lot' of Special Election held on February 21,1967 for Fire Stations and Garage Bond Propositions, pre- sented and read. Mayor Ludwig moved that the proof of Publication be received and filed. Seconded by Council- man Schultz. Carried by the fol- lowing vote: Yeas—Mayor Ludwig, Council- men McCauley, Pregler, Schultz. Nays—None. Absent—Councilman Pfohl. February 22, 1967 To the Members of the City Council. Gentlemen: In accordance with the provi- sions of Section 50.21 of the 1966 Code of Iowa please be advised that on February 22, 1967, we, Richard Ludwig, Mayor of the City of Dubuque, Iowa, and Leo F. Frommelt, Clerk of the City of Dubuque, Iowa, do hereby certify that we publicly canvassed the election returns of the SPECIAL. MUNICIPAL ELECTION held on February 21, 1967, and herewith submit the report of such canvass on the following three proposi- tions: Shall the City of Dubuque, Iowa, construct a new fire station at the corner of 9th Street and Central Avenue in said City and contract indebtedness for such pur- pose not exceeding $500,000 and issue bonds for such purpose not exceeding $500,000 and levy a tax annually upon the taxable property in said City of Dubuque not ex- ceeding one mill per annum for the payment of such bonds and the interest thereon? VOTES RECEIVED YES 4423 NO 3837 TOTAL 8260 53.54% Shall the City of Dubuque, Iowa, construct a new fire station on John F. Kennedy Road in said City and contract indebtedness for such purpose not exceeding $190,000 and issue bonds for such purpose not exceeding $190,000 and levy a tax annually upon the taxable property in said City of Dubuque not exceeding one-half of one mill per annum for the payment of such bonds and the interest there- on? VOTES RECEIVED YES 5796 NO 2468 TOTAL 8264 70.14% Shall the City of Dubuque, Iowa, construct a municipal garage for the storage, repair and servicing of city owned motor vehicles and other equipment and contract in- debtedness for such purpose not exceeding $465,000 and issue bonds for such purpose not exceeding $465,000 and levy a tax annually upon the taxable property in said City of Dubuque not exceeding one mill per annum for the payment of such bonds and the interest thereon'' VOTES RECEIVED YES 3204 NO 4712 TOTAL 7916 40.47% Respectfully submitted, Richard Ludwig Mayor Leo F. Frommelt City Clerk Councilman Pregler moved that the canvass be received and made a matter of record. Seconded by Councilman Schultz. Carried by the following vote: Yeas—Mayor Ludwig, Council- men McCauley, Pregler, Schultz. Nays—None. Absent—Councilman Pfohl. Councilman Schultz moved that the precinct machine inspectors, clerks and judges who worked at the Special Election held on Feb - ,1. Special Session, February 22, 1967 101 ruary 21, 1967 be paid wages as authorized by law. Seconded by Councilman Pregler. Carried by the following vote: Yeas—Mayor Ludwig, Council. men McCauley, Pregler, Schultz. Nays—None. Absent—Councilman Pfohl. RESOLUTION NO. 40-67 RESOLUTION canvassing and declaring the results of the election on Fire Station and Garage Bonds. WHEREAS this City Council did heretofore, at a regular meeting on January 23, 1967, order that at a special municipal election to be held in and for the City of Du- buque, Iowa, on February 21, 1967, there be submitted to the qualified electors of said City the follow ing propositions: Shall the City of Dubuque, lows, contract a new fire station at the corner of 9th Street and Central Avenue in said City and contract indebtedness for such purpose not exceeding $500,000 and issue bonds for such purpose not exceeding $500,000 and levy a tax annually upon the taxable property in said City of Dubuque not exceeding one mill per annum for the payment of such bonds and the interest there- on? Shall the City of Dubuque, Iowa, construct a new fire station on John F. Kennedy Road in said City and contract indebtedness for such purpose not exceeding $190,000 and issue bonds for such purpose not exceeding $190,000 and levy a tax annually upon the taxable pro- perty in said City of Dubuque not exceeding one-half of one mill per annum for the payment of such bonds and the interest thereon? Shall the City of Dubuque, Iowa, construct a municipal garage for the storage, repair and servicing of city owned motor vehicles and other equipment and contract in- debtedness for such purpose not exceeding $465,000 and issue bonds for such purpose not exceeding $465,000 and levy a tax annually upon the taxable property in said City of Dubuque not exceeding one mill per annum for the pay- ment of such bonds and the in- terest thereon? and WHEREAS the election on said Propositions was duly and legally held and the returns thereof have been certified and filed with this City Council and duly canvassed; NOW, TIIEREFORE, Be It and It Is Hereby Resolved by the City Council of the City of Dubuque, Iowa, as follows: Section 1. That is is hereby found and declared that the elec. tion on the following proposition: Shall the City of Dubuque, Iowa, construct a new fire station at the corner of 9th Street. and Central Avenue in said City and contract indebtedness for such purpose not exceeding $500,000 and issue bonds for such purpose not exceeding $500,000 and levy a tax annually upon the taxable property in said City of Dubuque not exceeding one mill per annum for the payment of such bonds and the interest thereon? was unfavorable thereto, that the total number of affirmative votes on said proposition at said elec- tion was not equal to or more than sixty per cent (60%) of the total number of votes cast for and against said proposition at said election, that a record of the ag- gregate ballots r, ast on said propo- sition is hereby made as follows: Blank or For Against Spoiled 4,423 3,837 0 and that a record of the votes cast by precincts on said proposition is hereby made as follows: Blank or Defec- Precincts "Yes" "No" tive Total First ...,......513 374 0 887 Second ....35F 283 0 641 Third ........147 112 0 259 Fourth ......124 89 0 213 Fifth ..........234 158 0 392 Sixth ..........456 392 0 848 Seventh .... 59 47 0 1.06 Eight ........137 102 0 239 Ninth ........109 51 0 160 Tenth ..... •24`1 160 0 404 Eleventh ..370 402 0 772 Twelfth ....104 135 0 239 Thirteenth 216 326 0 542 Fourteenth335 283 0 618 Fifteenth ..228 325 0 553 Sixteenth .389 598 0 1387 Section 2. That it is hereby found and declared that the election on the following proposition: Shall the City of Dubuque, Iowa, construct a new fire station on 102 Special Session, February 22, 1967 John F. Kennedy Road in said City and contract indebtedness for such purpose not exceeding $190,000 and issue bonds for such purpose not exceeding $190,000 and levy a tax annually upon the taxable pro- perty in said City of Dubuque not exceeding one-half of one mill per annum for the payment of such bonds and the interest thereon? was favorable thereto, that the to- tal number of affirmative votes on said proposition at said election was equal to or more than sixty per cent (60%) of the total num- ber of votes cast for and against said proposition at said election, that a record of the aggregate bal- lots cast on said proposition is hereby made as follows: Blank or For Against Spoiled 5,796 2,468 0 and that a record of the votes cast by precincts on said proposition is hereby made as follows: Blank or Defee- Precincts "Yes" "No" tive Total First ..........636 255 0 891 Second ......475 179 0 654 Third ........165 85 0 250 Fourth ......124 158 0 392 Fifth ..........286 105 0 391 Sixth ........612 237 0 849 Seventh .... 67 33 0 100 Eighth ......178 63 0 241 Ninth ........119 39 0 158 Tenth ........279 122 0 401 Eleventh ..548 227 0 775 Twelfth ..145 95 0 240 Thirteenth 313 226 0 539 Fourteenth 363 240 0 603 Fifteenth ..293 258 0 551 Sixteenth 1168 239 0 1407 Section 3. That it is hereby found and declared that the elec. tion on the following proposition: Shall the City of Dubuque, Iowa, construct a municipal garage for the storage, repair and servicing of city owned motor vehicles and other equipment and contract in. debtedness for such purpose not exceeding $465,000 and issue bonds for such purpose not exceeding $465,000 and levy a tax annually upon the taxable property in said City of Dubuque not exceeding one mill per annum for the payment of such bonds and the interest there on? was unfavorable thereto, that the total number of affirmative votes on said proposition at said election was not equal to or more than sixty per cent (60%) of the total number of votes cast for and against said proposition at said election, that a record of the ag. gregate ballots cast on said propo- sition is hereby made as follows: Blank or For Against Spoiled 3,204 4,712 0 and that a record of the votes cast by precincts on said proposition is hereby made as follows: Blank or Defec- Precincts "Yes" "No" tive Total First.... 374 469 0 843 Second ......274 352 0 626 Third ........103 145 0 248 Fourth ...... 92 113 0 205 Fifth ........164 216 0 380 Sixth ........346 466 0 812 Seventh .... 50 50 0 100 Eighth ...... 97 136 0 233 Ninth ........ 98 57 0 155 Tenth ......175 209 0 384 Eleventh ..259 486 0 745 Twelfth .... 89 137 0 226 Thirteenth 157 366 0 523 Fourteenth209 357 0 566 Fifteenth ..163 373 0 536 Sixteenth ..554 780 0 1334 Section 4. That the total number of persons voting at said election as shown by the registration lists was 8,684. Section S. That all resolutions and orders or parts thereof insofar as same may be in in conflict here- with, are hereby repealed and this resolution shall become effective immediately. Passed and approved February 22, 1967. Recorded February 22, 1967. Richard Ludwig Mayor Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Mayor Ludwig. Carried by the following vote: Yeas—Mayor Ludwig, Council- men McCauley, Pregler, Schultz. Nays—None. Absent --Councilman Pfohl. v r Special Session, February 22. 1967 103 RESOLUTION NO. 4167 WHEREAS, under the terms of Resolution No. 347.66 the City of Dubuque, Iowa, in addition to agreeing to sell IAt 1 of Lot 2 of Block 6 in Riverfront Subdivision No. 3 in the City of Dubuque, Iowa, to the Dubuque Industrial Development Corporation granted a first right or refusal to said cor- poration to purchase Lot 2 of Lot 2 of Block 6 in Riverfront Sub- division No. 3 in the City of Du- buque, Iowa; and WHEREAS, a written agreement concerning said right of fast re- fusal has been prepared by the said corporation. NOW THEREFORE BE IT RE- SOLVED by the City of Council of City of Dubuque. Iowa: Section 1. That the form of agreement, copy of which is here- to attached to be executed by and between City of Dubuque, Iowa and Dubuque Industrial Development Corporation concerning the right of first refusal to purchase the real estate hereinabove described by said corporation be and the same is hereby approved. Section 2. That the Mayor and City Clerk be and they are here- by authorized and empowered to execute the agreement, copy of which is hereto attached, specify- ing the terms and conditions as to the right of first refusal to purchase by the Dubuque Industrial Development Corporation of the following described real estate, to wit: Lot 2 of Lott of Block 6 in Riverfront Subdivision No. 3 in the City of Dubuque, Iowa. Passed, adopted and approved this 22nd day of February, 196?. Richard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz Walter A. Pregler Councilmen Attest: Leo F. Frommelt City Clerk Mayor Ludwig moved adoption of the resolution. Seconded by Councilman Pregler. Carried bw the following vote: Yeas --Mayor Ludwig, Council- men McCauley, 1'regler, Schultz. Nays—None. Absent --Councilman Pfohl. January 16, 1967 To the Honorable Mayor and City Council Gentlemen: The eight inch Sanitary Sewer north and west of Asbury Road and John F. Kennedy Road has been completed in accordance with plans and specifications by Thos. Flynn Coal Company of Dubuque, Iowa. I recommend that the improve- ment be accepted. Respectf ully, Gilbert D. Chavenelle City Manager Councilman Pregler moved that the recommendation of the City Manager be approved. Seconded by Councilman Schultz. Carried by the following vote: Yeas—Mayor Ludwig, Council- men McCauley, Pregler, Schultz. Nays—None. Absent—Councilman I'fohl. FINAL ESTIMATE RESOLUTION NO. 42-67 WHEREAS, the contract for the construction of an eight inch (8") sanitary sewer from the southern most existing sanitary manhole be- tween Kaufmann Avenue and As- bury Road southerly along the west side of J. F. Kennedy Road and westerly through Lot 1, 2, and 1-3 of Henry Ziegler's Subdivision and Lot 2-4 of J. P. Mettel's Subdivision No. 2 to the E.P.L. of Lot 1-4 of J. P. Mettel's Subdivision No. 2 has been completed and the City En- gineer has submitted his final esti- mate showing the cost thereof in- cluding the cost of estimates, no- tices, inspection, and preparing the assessment and plat, now therefore, BE IT RESOLVED, by the City Council of the City of Dubuque, That the cost of said improve- ment is hereby determined to be $5,196.96. That $4,174.72 of the cost there- of shall be assessable upon private property and $1,022.24 shall be paid from the Sanitation Fund 162 Special Assessments of the City of Dubuque. }gassed, adopted and approved this 22nd day of February, 1967. Richard Ludwig Mayor M. Sylvester McCauley Merlin F'. Schultz Walter A. Pregler Councilmen 104 Special Session, February 22, 1967 Attest: Leo F. Frommelt City Clerk Councilman McCauley moved adoption of the resolution. Sec- onded by Councilman Schultz. Car- ried by the following vote: Yeas—Mayor Ludwig, Council- men McCauley, Pregler, Schultz. Nays—None. Absent—Councilman Pfohl. (A Resolution Accepting Improve- ment and Directing the Clerk to Publish Notice.) RESOLUTION NO. 43.67 WHEREAS, the contract for the construction of an eight inch (8") sanitary sewer from the southern most existing sanitary manhole be- tween Kaufmann Avenue and As- bury Road southerly along the west side of J. F. Kennedy Road and westerly through I.ot 1, 2, and 1-3 of Henry Ziegler's Subdivision and Lot 2.4 of J. P. Mettel's Subdivi- sion No. 2 to the E.P.L. of Lot. 1-4 of J. P. Mettel's Subdivision No. 2 has been completed and the City Manager has examined the work and filed his certificate stating that the same has been completed according to the terms of the con- tract, plans and specifications and recommends its acceptance, now therefore, BE IT RESOLVED, by the City Council of the City of Dubuque, that the recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted and the City Engineer be and is thereby direct- ed to prepare a plat and schedule showing the lots or parcels of real estate subject to assessment for said improvement and file the same in the office of the City Clerk subject to public inspection and said Clerk shall upon receipt of such plat and schedule publish the notice of the Council's inten- tion to levy special assessments therefor, as required by law. BE IT FURTHER RESOLVED, that the City 'Treasurer be and he is hereby directed to pay to the contractor from the funds to be realized from the sale of Sewer bonds issued upon the above de- scribed improvement in amount equal to the amount of his con- tract, less any retained percentage provided for therein. Passed, adopted and approved this 22nd day of February, 1967. Richard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz Walter A. Pregler Councilmen Attest: Leo F. Frommelt City Clerk Councilman McCauley moved adoption of the resolution. Sec- onded by Councilman Schultz. Car. ried by the following vote: Yeas—Mayor Ludwig, Council- men McCauley, Pregler, Schultz. Nays—None. Absent—Councilman Pfohl. RESOLUTION NO. 44-67 BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the following having complied with the provisions of law relating to the sale of Cigarettes within the City of Dubuque, Iowa, be granted a permit to sell Cigar- ettes and Cigarette Papers within said City. Kenneth Hense, 960 Dodge St. BE IT FURTHER RESOLVED that the bonds filed with the ap- plication be approved. Passed, adopted and approved this 22nd day of February, 1967. Richard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz Walter A. Pregler Councilmen Attest: Leo F. Frommelt City Clerk Mayor Ludwig moved adoption of the resolution. Seconded by Councilman Schultz. Carried by the following vote: Yeas—Mayor Ludwig, Council- men McCauley, Pregler, Schultz. Nays—None. Absent—Councilman Pfohl. RESOLUTION NO. 45.67 WHEREAS, applications for Beer Permits have been submitted to this Council for approval and the same have been examined: NOW THEREORE, BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the following applica- tions be granted and licenses be issued upon the compliance with the terms of the ordinances of the City. Special Session, February 22, 1967 105 Class "B" Beer Permit Francis A. Barrett, 2600 Jackson Street. Passed, adopted and approved this 22nd day of February, 1967. Richard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz Waiter A. Pregler Councilmen Attest: Leo F. Frommelt City Clerk Councilman Schultz moved adop- tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas—Mayor Ludwig, Council- men McCauley, Pregler, Schultz. Nays—None. Absent—Councilman Pfohl. RESOLUTION NO. 47.67 WHEREAS, applications for Liq- uor Permits have been submitted to this Council for approval and the same have been examined. NOW THEREFORE, BE IT RE- SOLVED, by the City Council of the City of Dubuque, Iowa, that the following applications be granted and licenses issued upon the com- plicance with the terms of the IOWA LIQUOR CONTROL ACT— CHAPTER 123 --as amended by the 60th General Assembly, 1963. RESOLUTION NO. 4667 WHEREAS, applications for Beer Permits were filed by the within named applicants and they have re- ceived 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 direct- ed to issue to the following named applicants a Beer Permit. Class "B" Beer Permit Francis A. Barrett, 2600 Jackson Street. BE IT FURTHER RESOLVED that the bonds filed by such appli- cant be and the same are hereby approved. Passed, adopted and approved this 22nd day of February, 1967. Richard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz Walter A. Pregler Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Ludwig. Carried by the following vote: Yeas—Mayor Ludwig, Council. men McCauley, Pregler, Schultz. Nays—None. Absent—Councilman Pfohl, rJ Class "C" Commercial Establishment Francis A. Barrett, 2600 Jackson Street. Passed, adopted and approved this 22nd day of February, 1967. Richard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz Walter A. Pregler Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman McCauley. Carried by the following vote: Yeas—Mayor Ludwig, Council- men McCauley, Pregler, Schultz. Nays—None. Absent—Councilman Pfohl. RESOLUTION NO. 48.67 WHEREAS, applications for Liq- uor Permits were filed by the with- in named applicants and they have received the approval of this Coun- cil, and WHEREAS, the premises to be occupied by such applicants were inspected and found to comply with the State Law and all City ordi- nances relevant thereto and they have filed proper bonds; NOW THEREFORE BE IT RE- SOLVED by the City Council of Dubuque, Iowa, that the Manager be authorized to cause to be is- sued to the following named appli- cants a Liquor Permit. Class "C" Commercial Establishment Francis A. Barrett, 2600 Jackson Street. Y 1oo Special Session, February 22, 1967 Passed, adopted and approved this 22nd day of February, 1967. Richard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz Walter A. Pregler Councilmen Attest Leo F. Frommelt City Clerk Mayor Ludwig moved adoption of the resolution. Seconded by Councilman Pregler. Carried by following vote: Yeas—Mayor Ludwig, Council. men McCauley, Pregler, Schultz. Nays—None. Absent --Councilman Pfohl. There being no further business Councilman McCauley moved to ad- journ. Seconded by Councilman Pregler. Carried by the following vote: Yeas—Mayor Ludwig, Council- men McCauley, Pregler, Schultz. Nays—None. Absent—Councilman Pfohl. Leo F. Frommelt City Clerk, Aw.o,ed ......Jun.e....12........ 1967 Adopted...........June.12 .1967 4a..... ,4.' ....�......::t:....i,�L.�...:..:, .ter. ....�r►..,.:...... Cou ilmen Attes ity Clerk e Special Session, February 27, 1967 107 flit COUNCIL OFFICIAL Special Session, February 27, 1967. Council met at 7:30 P. M. (C.S.T.) Present—Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz, City Manager Gilbert D. Chavenelle. Mayor Ludwig read the call and stated that service thereof had been duly made and this meeting is called for the purpose of con- sidering authorization of the filing of an application for LOAN AND GRANT FOR THE DOWNTOWN URBAN RENEWAL PROJECT IOWA R-15, also APPROVING AND ESTABLISHING A RENT SUPPLE- MENTATION PROGRAM PROVID. ING ASSISTANCE TO ELIGIBLE FAMILIES TO BE RELOCATED FROM THE DOWNTOWN URBAN RENEWAL PROJECT, IOWA R-15, and acting upon such other busi- ness as may properly come before a regular meeting of the City Council. February 27, 1967 To the Honorable Mayor and City Council Gentlemen: I submit to you the attached audit report of the Water Depart- ment for the year ending Decem- ber 31, 1966. Respectfully submitted, Gilbert D. Chavenelle City Manager Councilman Pregler moved that the report be received and filed. Seconded by Councilman Schultz. Carried by the following vote: Yeas—Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None. February 27, 1967 lion. Mayor and City Council Gentlemen: On January 9, 1967, William K. McKay of 529 Fenelon Place, Du- buque, Iowa, filed claim in the amount of $32.00 for damages to his car when same was towed by Mr. Robert C. Beidler while same was parked at 519 Fenelon Place. This claim was referred to the City Attorney and I have made an investigation of same and find that the Police Department had re- ceived complaints from neighbors that said vehicle was stored on the public street, and thereafter pur. suant to Police Department order said car was towed away by Mr. Beidler. I have put Mr. Beidler on notice of this claim by written letter dated February 13, 1967. I am of the opinion that there is no liability on the part of the City of Dubuque for damages al- legedly suffered by Mr. McKay and therefore recommend denial of said claim. Original claim is hereto attached. Respectfully submitted, R. N. Russo City Attorney Mayor Ludwig moved that the recommendation of the City At- torney be approved. Seconded by Councilman McCauley. Carried by the following vote: Yeas—Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None. February 23, 1967 lion. Mayor and City Council Gentlemen: On February 6, 1967, William J. Maker of 2148 Graham Circle, Du- buque, Iowa, filed claim against the City of Dubuque, Iowa, for dam- ages allegedly occurring as the re- sult of backup of sewer that oc- curred on December 8, 1966 and December 9, 1966 and claiming the amount of $300.00 and $540.00 re- spectively on each occasion as dam- ages from said backflow. That I am advised by the City Clerk that the said William J. Bak- er notified him by phone that he had made settlement with the con. tractor in question and that he de- sired to withdraw his claim. In view of the foregoing the claim of William J. Baker as here- inabove specified should be denied and I so recommend to your Hon- orable Body. Original claim is hereto attached. Respectfully submitted, R. N. Russo City Attorney Mayor Ludwig moved that the recommendation ofthe City At- torney be approved. Seconded by Councilman Pregler. Carried by the following vote: InR Special Session. Febnu;ry 27, 11167 Yeas—Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None. February 23, 1967 Hon. Mayor and City Council Gentlemen: On January 19, 1967, Mrs. James McCusker of 2722 Jackson Street of Dubuque, Iowa, filed claim against the City of Dubuque for injuries allegedly suffered on the 4th day of December, 1966, at the corner of 27th and White Street in the City of Dubuque, Iowa, as the result of a fall in the crosswalk, claiming a defective condition thereat. I have conferred with the claim- ant and have made an investigation of this matter and have found that the claimant splintered a bone in her right shoulder requiring medi- cal attention and she was off work- as orkas an employee for some two months and that the said claimant has made an offer of settlement of her claim in the amount of $75.00 and it is the recommendation of the City Attorney that said offer of settlement be accepted, and that the City Auditor be instructed to draw a warrant payable to James McCusker and Josephine McCusker, individually and as husband and wife in the amount of $75.00 and transmit same to the City Attorney for delivery upon receipts of duly executed release. Original claim is attached here- with. Respectfully submitted, R. N. Russo City Attorney Mayor Ludwig moved that the recommendation of the City Attor- ney be approved. Seconded by Councilman Pregler. Carried by the following vote: Yeas—Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. NaysT None. Notice of claim of Arthur S. Bresnahan of 1497 Curtis Street, in an approximate amount of $300 for car damage as the result of being struck by a fire truck at Nevada and University on Febru. ary 23, 1967, presented and read. Councilman Pregler moved that the claim be referred to the City Solicitor for investigation and re- port. Seconded by Councilman ,fohl. Carried by the following rote: Yeas—Mayor Ludwig, Council - nen McCauley, Pfohl, Pregler, Schultz. Nays—None. Notice of claim of Mrs. Cather- ine Davis, in the amount of $140.85 is the result of a :sanitary sewer back-up at 2854 White Street on February 22, 1967, presented and read. Councilman Pregler moved that the claim be referred to the City Solicitor for investigation and re- port. Seconded by Councilman Schultz. Carried by the following vote: Yeas—Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None. ORDINANCE NO. 13-67 An ordinance vacating Lime Street from the north property line of Kimball Street to the north property line of Boatyard Addition in the City of Dubuque, Iowa, presented and read. Councilman Pregler moved that the reading just had be considered the first reading of the Ordinance. Seconded by Councilman McCau- ley. Carried by the following vote: Yeas—Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None. Councilman Pregler moved that the rule requiring an Ordinance to be read on three separate days be waived. Seconded by Councilman McCauley. Carried by the following vote: Yeas — Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays --None. ORDINANCE NO. 13-67 An ordinance vacating Lime Street from the north property line of Kimball Street to the north property line of Boatyard Addition in the City of Dubuque, Iowa. WHEREAS, City of Dubuque, Iowa has determined that it would serve the best public interest that Lime Street from the north pro- perty line of Kimball Street to the north property line of Boatyard Ad dition in the City of Dubuque, Special Session, February 27, 1967 109 Iowa, be vacated as it no longer serves any public purpose as a street; and WHEREAS, the Planning and Zoning Commission of the City of Dubuque, Iowa, has recommended the vacation of said Lime Street as above described. NOW THEREFORE BE IT OR- DAINED by the City Council of the City of Dubuque, Iowa: Section 1. That Lime Street from the north property line of Kimball Street to the north property line of Boatyard Addition be and the same is hereby vacated, subject however, to existing right of way therein for Chicago, Milwaukee, St. Paul Railway Company. Section Z. That the City Clerk be and he is hereby authorized and directed to record a certified copy of this Ordinance in the office of the County Recorder in and for Dubuque County, Iowa. Passed, adopted and approved this 27th day of February, 1967. Richard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler Councilmen Attest: Leo F. Frommelt City Clerk Published officially in the Tele- graph JJerald Newspape this 1b day oft.jab 1 &PI 196 Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the Ordinance and the Clerk be instructed to withhold publi- cation of same until further noti. fied. Seconded by Councilman Mc- Cauley. Carried by the following vote: Yeas—Mayor Ludwig, Council. men McCauley, Pfohl, Pregler, Schultz. Nays—None. ORDINANCE NO. 14-67 An Ordinance amending and changing Ordinance No. 3.34 known as the Zoning Map and Zoning Ordinance of the City of Dubuque so as to change cer- tain property hereinafter de- scribed (in A. P. Wood's Addn.) from two family residence dis- trict classification to "multiple residence district" classification. presented and read. Mayor Ludwig moved that the reading just had be considered the first reading of the Ordinance. Sec- onded by Councilman Pfohl. Car. ried by the following vote: Yeas—Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None. Mayor Ludwig moved that the rule requiring an Ordinance to be read on three separate days be waived. Seconded by Councilman Pregler. Carried by the following vote: Yeas—Mayor Ludwig, Council men McCauley, Pfohl, Pregler, Schultz. Nays—None. Mayor Ludwig moved that a pub- lic hearing be held on the Ordi- nance on March 20, 1967, at 7:30 o'clock P. M. in the Council Cham- ber at the City Hall and that the Clerk be instructed to publish no- tice of same as required by law. Seconded by Councilman Pfohl. Carried by the following vote: Yeas—Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None. Petition of Fuerste & Carew, at- torneys, requesting conveyance of the north half of Bellevue Street vacated as abutting Lots 90, 91, 92 93, 94, 95, 96, 97, 98 in Wood's Addn. to their client Mr. Dale Wer- necke due to the fact that south half of these lots were previously conveyed in January, 1931, pre- sented and read. Councilman McCauley moved that the petition be referred to the City Attorney for proper proceedings. Seconded by Councilman Schultz. Carried by the following vote: Yeas—Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None. RESOLUTION N0. 49.67 WHERILAS, City of Dubuque, Iowa, has heretofore negotiated with J. C. Miller, Regina C. Miller, Robert E. Miller and Hattie Miller for the purchase by the City of Dubuque of the following described real estate for the total sum of $50,000.00: Lot 1 of the West Half of North- east (quarter (NE iia) of Section Four (4), Township 88 North, Range 2 East of 5th P. M., in Dubuque 11n Snecial Session, February 27, 1967 County, Iowa, according to the re- corded plat of said Sudivision; Min- eral Lots 272, and 273, Lot 1 of Mineral Lot 271, Lot 1 of Mineral Lot 274, and Lot 1 of Mineral Lot 276, in Dubuque Township, Du. buque County, Iowa, according to Anderson's Map of Mineral Lots in Julien Township and Vicinity and the recorded Plat of said Subdivi. sions; subject to highway, also sub- ject to easement granted Northern Natural Gas Company, a Delaware corporation, recorded in Book of Lands #46, page 55, records of Du. buque County, Iowa, and also sub- ject to easements granted Inter- state Power Company, a Delaware Corporation, recorded in Book of Lands #59, pages 637 and 638, records of Dubuque County, Iowa, containing 207 acres, more or less. Section 1. That the delivery of Warranty Deed by J. C. Miller, Regina C. Miller, Robert E. Miller and Hattie Miller conveying to City of Dubuque, Iowa, for the sum of $50,000.00 be and the same is here- by approved and delivery of said Warranty Deed and conveyance of said real estate is hereby accepted by the City of Dubuque, Iowa. Section 2. That the real estate hereinabove described be and the same is hereby designated for park purposes. Passed, adopted and approved this 27th day of February, 1967. Richard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop. tion of the resolution. Seconded by Councilman McCauley. Carried by the following vote: Yeas—Mayor Ludwig, Council men McCauley, Pfohl, Pregler Schultz. Nays—None. February 22, 1985 Honorable Mayor and City Councilmen Dear Mayor and Councilmen: Transmitted herewith are copie, of two resolutions pertaining ti Urban Renewal which were adopt ed by the Planning Commission a heir meeting on February 16th. Phey are as follows: Resolution No. I. "Recommend. ng the Urban Renewal Plan for he Downtown Urban Renewal Project, Iowa R-15." Resolution No. 2. "Recommend - ng the proposed zoning for the iowntown Urban Renewal Project, Iowa R-15." Respectfully submitted, Don Gilson Director of Planning Mayor Ludwig moved that the resolutions be received and made it matter of record. Seconded by Councilman McCauley. Carried by the following vote: Yeas—Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None. RESOLUTION NO. 1 Recommending the Urban Renew- al Plan for the Downtown Urban Renewal Project, Iowa R-15. Whereas, the City of Dubuque (herein referred to as the Local Public Agency)) has completed cer- tain plans and studies under a con- tract for a Planning Advance dated August 26, 1965 with the United States of America (herein referred to as the Government) in connec- tion with the Downtown Urban Re- newal Project, Iowa R-15 (herein referred to as the Project); and Whereas, the Local Public Agen- cy has prepared and is submitting the Final Project Report and an- ticipates entering into a Loan and Capital Grant Contract with the Government; and Whereas, Section 403.5 of the 1966 Code of Iowa prescribes that prior to the approval of the Urban Renewal Plan for the Project by the Local Public Agency, such plan must be submitted to the Planning and Zoning Commission of the City of Dubuque, Iowa (herein referred to as the Commission) for its rec- ommendations as to conformity with the general plan for the de- velopment of the Local Public Agency as a whole; and Whereas, the Urban Renewal Plan for the Project has been sub- mitted for such recommendations to the Commission. NOW THEREFORE, BE IT RE- SOLVED by the Planning and Zon- .r V Special Session, February 27, 1967 111 ing Commission of the City of Du- buque, Iowa: Section 1. That based on an anal- ysis of the Urban Renewal Plan for the Downtown Urban Renewal Project, Iowa R-15, it is hereby found and determined that the said Plan conforms to the general plan for the development of the City of Dubuque, Iowa, as a whole. Passed, adopted and approved this 16th day of February, 1967. Frank Grab Secretary RESOLUTION NO. 2-67 Recommending the proposed zoning for the Downtown Urban Renewal Project, Iowa R-15. Whereas( the City of Dubuque (herein referred to as the Local Public Agency) has completed cer- tain plans and studies under a Contract for a Planning Advance dated August 26, 1965 with the United States of America (herein referred to as the Government) in connection with the Downtown Ur- ban Renewal Project, Iowa R-15 (herein referred to as the Project); and Whereas, the Local Public Agen- cy has prepared and is submitting the Final Project Report and an- ticipates entering into a Loan and Capital Grant Contract with the Government; and Whereas, the present zoning for the Projects area is "business Dis- trict' and "light Industrial Dis- trict' zoning; and Whereas, an analysis of the text of these zoning districts in the Zoning Ordinance of the Local Public Agency indicates that they Permit a wide range of uses and activities that are incompatible with the planned development of the Project area; and Whereas, these existing zoning districts are not so designed as to protect the Project area nor to fos- ter proper development in the sur- rounding areas; and Whereas, there has been sub- mitted 'Zoning Proposals for the Project and for the area irnmedi- ately surrounding the Project area Providing for "Central Business District," "Central Commercial Dis. trict," and "Office/ Service Dis- trict" zoning districts. NOW THEREFORE, BE IT RE- SOLVED by the Planning and Zon- ing Commission of the City of Du• buque, Iowa: Section 1. That based upon an analysis of the Zoning Map and text of the present Zoning Ordi- nance, there is hereby found and determined that the zoning districts for the Project and the area im. mediately surrounding the Project are inappropriate and inadequate. Section 2. That based on a study and analysis of the Land Used Plan and Zoning Proposals for the Proj- ect and the area immediately sur- rounding the Project, there is here- by found that the proposed zoning districts will A. help implement the proposed Urban Renewal Plan. B. Provide effective zoning to in- sure continuous and planned growth within the Project area, and C. Protect the integrity of the Urban Renewal Plan by ap- plying proper controls to the surrounding areas. Section 3. That proper and time- ly applications for the proposed zoning changes be made by the Local Public Agency to A. Facilitate sound execution of the Project; B. Avoid piecemeal, uncoordinat- ed zoning; and C. Avoid undue fluctuations in land values within the Proj- ect. Passed, adopted and approved this 16th day of February, 1967. Frank Glab Secretary RESOLUTION NO. 50.67 Resolution of City Council of Dubuque, Iowa, authorizing an advisory referendum on the ex- penditure of $2,400,000.00 of pub- lic funds for Federal Urban Re. newal Project N1 and making the results binding upon the City Council. WHEREAS—The people of Du- buque have voted intelligently in the past. WHEREAS—The magnitude of the project will require complete public support to succeed and WIIEREAS—The expenditure of a minimum of X2,400,000.00 of public funds is anticipated for the Federal Renewal Project #1 for the City of Dubuque, Iowa. THEREFORE—Be it resolved that an advisory referendum be 112 Special Session, February 27, 1967 held on the expenditure of public funds in the amount of $2.400,- 000.00 for the proposed Federal Urban Renewal Project #1 for the City of Dubuque, Iowa, and that the results of such Advisory Refer- endum be considered binding on the City Council of Dubuque, Iowa. (This resolution was prepared and submitted in the public inter- est by Dubuque City Councilman Eldon A. Pfohl.) Passed, adopted and approved this 27th day of February, 1967. Mayor....................................... Councilmen ........................................ Councilman Pfohl moved adop- tion of the resolution. Seconded by Councilman Schultz. The vote was as follows: Yeas—Councilmen Pfohl, Schultz. Nays—Mayor Ludwig, Council- men McCauley, Pregler. Resolution failed to carry for lack of a majority. Petition of Frank Licciardi (402 signatures) requesting the pro- posed Urban Renewal be brought before the citizens in the form of a city-wide referendum, presented and read. Councilman McCauley moved that the petition be received and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas—Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None. Councilman Pfohl moved that the rules be suspended in order to let anyone present address the Council if they so desire on the subject of Urban Renewal. Sec onded by Mayor Ludwig. Carriec by the following vote: Yeas—Mayor Ludwig, Council men McCauley, Pfohl, Pregler Schultz. Nays—None. Mr. Frank Licciardi, 869 Iowa St., Al. Weitz, 2999 Burden Ave., R. F. Sefzik, Clark St., Dr. R. L. Barton of 1180 Mt. Loretta, Joe Vize of 2875 Windsor Ave., Robert Justman of 1920 Loras Blvd., R. J. Taylor, R. R. #1 of Boleyn Road, addressed the Council as being op- posed to Urban Renewal for one reason or another. Dr. Paul Laube, chairman of the DCDAC group, Mr. Nic Schrup, Dallas Murphy, 748 English Lane, Joe Graham of Graham Clothiers, Richard Upton of Chamber of Commerce, Donald Meyers of 2314 Washington St. and Roger Rhomberg, 245 Fremont, were more or less all in agree- ment that it would be almost im- possible to further the program of downtown renewal other than by the proposed urban renewal meth- od. The downtown area is in des. perate need of overhaul and the present property owners in the downtown area have done little or nothing to improve the situation. The other alternative would be to consider outside help to ac- complish downtown revitalization. After approximately a two hour discussion on the problem of urban renewal Councilman Pregler moved that discussion be closed. Second- ed by Councilman McCauley. Car- ried by the following vote: Yeas—Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None. RESOLUTION NO. 51-67 Authorizing the Filing of an Application for Loan and Grant for the Downtown Urban Renew- al Project, Iowa R-15. Whereas, it is necessary and in the public interest that the City of Dubuque avail itself of the finan- cial assistance provided by Title I of the Housing Act of 1949, as amended, to carry out the urban renewal project described as Down- town Urban Renewal Project, Iowa R-15; and bounded as follows: Being located in the City of Du- buque, the County of Dubuque and the State of Iowa and described as follows: Beginning at the intersection of the north right-of-way line of Ninth Street with the east right-of-way line of Central Avenue; thence south along the east right-of-way line of Central Avenue to its in- -y Special Session, February 27, 1967 113 tersection with the south right-of- way of Fourth Street; thence west along the south right-of-way line of Fourth Street to its intersection with the west right-of-way line of Locust Street; thence north along the west right-of-way line of Lo- cust Street to its intersection with the north right-of-way line of Ninth Street; thence east along the north right-of-way line of Ninth Street to its intersection with the east right-of-way line of Centr&! Avenue which is the point of be- ginning. herein referred to as the "Proj- ect"; and Whereas, it is recognized that the Federal contract for such financial assistance pursuant to said Title I will impose certain obligations and responsibilities upon the Local Public Agency and will require among other things: (1) The provision of local grant- in-aid; (2) A feasible method for the re- location of individuals and families displaced from the project area; and (3) Other local obligations and responsibilities in connection with the undertaking and carrying out of urban renew- al projects; and Whereas, Title VI of the Civil Rights Act of 1964, and the regu- lations of the Department of Housing and Urban Development effectuating that Title, provide that no person shall, on the ground of race, color, or national origin, be be denied the benefits of, or be subjected to discrimination in the undertaking and carrying out of urban renewal projects assisted under Title I of the Housing Act of 1949, as amended; and Whereas, the objectives of the Urban Renewal Plan cannot be achieved through more extensive rehabilitation of the Project area. NOW THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa: Section 1. That the United States of America and the Secretary of the Department of Housing and Urban Development be, and they hereby are assured of full compli- ance by the City of Dubuque with regulations of the Department of Housing and Urban Development effectuating Title VI of the Civil Rights Act of 1984. Wr Section 2 That an application on behalf of the City of Dubuque for a loan under Section 102 (a) of said Title I in the amount of $8,629,877 for a Project Capital Grant and a Relocation Grant to the full amount available for un- dertaking and financing the Proj- ect is hereby approved, and that the City Manager and the Director of Urban Renewal are hereby au- thoried and directed to execute and to file such application with the Department of Housing and Urban Development, and to pro- vide such additional information and to furnish such documents as may be required in behalf of said Agency, and to act as the author- ied correspondent of the City of Dubuque. Passed, adopted and approved this 27th day of February, 1967. Richard Ludwig Mayor M. Sylvester McCauley Walter A. Pregler Councilmen Attest: Leo F. Frommelt City Clerk Councilman McCauley m o v e d adoption of the resolution. Sec- onded by Councilman Pregler. Car- ried by the following vote: Yeas—Mayor Ludwig, Council- men McCauley, Pregler. Nays—Councilman Pfohl, Schultz. RESOLUTION NO. 52.67 Approving and Establishing a Rent Supplementation Program providing Assistance to Eligible Families to be Relocated from the Downtown Urban Renewal Project, Iowa R-15. Whereas, the City of Dubuque (herein referred to as the Local Public Agency) has completed cer- tain plans and studies under a Con- tract for a Planning Advance dated August 26, 1965, with the United States of America (herein referred to as the Government) in connec- tion with the Downtown Urban Renewal Project, Iowa R-15 (here• in referred to as the Project); and Whereas, the Local Public Agency has prepared and is sub mitting the Final Project Report and anticipates alentering Contract a Loan and Cap with the Government; and Whereas, field studies, reloca- tion interviews and other evidence 114 Special Session, February 27, 1987 indicates that there is an insuf- ficient number of standard dwel- ling units in the City of Dubuque within the ability to pay off ap- proximately five individuals and nine families; and Whereas, Section 403.5 of the 1966 Code of Iowa Provides that a feasible method must exist for the location of families who will be displaced from the Project into recent, safe and sanitary dwelling accommodations within their means and without undue hardship; and Whereas, it is necessary to es- tablish a local rent supplementa- tion program as authorized by Sec. tion 403.6 of the 1966 Code of Iowa to permit a feasible method for the relocation of such low income families; and Whereas, it is necessary that the funds for the rent supplementation program be placed in an Escrow account to assure the Government and the eligible families that the local rent supplementation pro- gram will be effectuated. NOW THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa: Section 1. That based on an analysis of the field studies, re- location interviews and other evi- dence, there is hereby found and determined that there is a deficit in the supply of standard housing in the City of Dubuque within the ability to pay of certain families to be displaced by the Project. Section 2. That the local Public Agency in recognizing and acknowl- edging its obligation and responsi- bility for a feasible method of re- locating these low income families hereby establishes a Rent Supple. mentation Program and adopts the following policies for the pro- gram's operation. 1. Eligibility A. The amount of rent sup- plementation to be provided to a family or individual shall equal the difference between the gross monthly rent of the dwelling unit to which they have relocated and their ability to pay as defined in Subsection C. B. The amount of rent supple- mentation to provide to a family or individual receiv- ing public assistance where the rent allowance is inade- quate shall receive the dif- ference between the amount of the rent allowance and the gross monthly rent of the dwelling unit to which they have relocation without deduction from the welfare assistance of the amount of the rent supplementation. C. The ability to pay shall or- dinarily be defined as 30%, of the gross monthly income of an individual, 25% for a 2-4 person family, and 20% for a 5 or more person fam- ily. Due and proper consid- eration shall be given to a family and individual's mini- mum subsistence require- ments as outlined by the State of Iowa Department of Social Welfare so that a lessor ratio may be used. 2. Duration of Assistance. A. Rent supplementation shall be provided to each eligible family and individual for a period of five years from the date of their relocation or 1) Until the economic con- dition of the family or individual is no longer necessary, or ?) The City of Dubuque makes public housing or housing assistance un- der the Federal Rent Supplement Program available to the family or individual, or 3) The family or individual refuses to allow a quar- terly review of their ability to pay or a month- ly review if this is deemed to be in the best interests of the City, or 4) The family or indiivdual moves from the City of Dubuque, or 5) The family or individual refuses to accept a stand- ard dwelling unit ade- quate as to size, location and within their ability to pay. 3. Administration A. Responsibility of adminis- trating the rent supplemen talion program shall ]x vested in the Department P' Special Session, February 27, 1967 115 of Urban Renewal or its legal successor. B. Public funds shall be used for the rent supplementa- tion payments and shall be deposited in accordance with an Escrow Agreement ap- proved by the City Solicitor with a local depository ap- proved by the City Treas- urer. C. The amount of $3,600 which is estimated to be the first annual funding requirement shall be deposited initially and additional deposits shall be made as needed until all eligible families and indi- viduals have been assisted to the extent to which they are entitled. D. The Escrow Agent will dis- pense funds to eligible fam- ilies and individuals as di- rected by the Department of Urban Renewal or its legal successor but will make no determination with respect to the eligibility or amounts to be paid. Section 3. That the Rent Supple- mentation Program will be in full force and effect as soon as prac- ticable after the execution of a Loan and Capital Grant Contract with the Government. Passed, adopted and approve this 27th day of February 1967. - Richard Ludwig Mayor M. Sylvester McCauley Walter A. Pregler Councilmen Attest: Leo F. Frommelt City Clerk Mayor Ludwig moved adoption, of the resolution. Seconded by Councilman McCauley. Carried bye the following vole: Yeas—Mayor Ludwig, Council- men McCauley, Pregler. Nays—Councilmen Pfohl, Schultz. Petition of Lyle Dewey et al (69 signatures) objecting to the proposed no parknig restriction on both sides of North Grandview from Audubon to Thirty Second Street, presented and read. Councilman Pregler moved that they petition be referred to the Manager and Traffic Department. Seconded by Councilman Pfohl. I Carried by the following vote: Yeas—Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None. Mr. Jim Habel addressed the Council along with some of his neighbors objecting to the pro- posed parking restriction on both sides of N. Grandview Avenue. Mr. Robert Molo of the Molo Oil Company addressed the Coun- cil by stating that they would like to stay in the Urban Renewal area to further servicing cars. He was advised to submit his request to the Urban Renewal Director Gent M. Wittenberg. There being no further business Councilman McCauley moved to adjourn. Seconded by Councilman Pfohl. Carried by the following vote: Yeas—Mayor Ludwig, Council- men McCauley, Pfohl. Pregler, Schultz. Nays—None. Leo F. Frommelt City Clerk Approved .... J11n .e.. 12.........1967 Adopted ........ June„ 12....,.,,,1967 Councilmen Attest: C' Jerk .P• F-- Regular Session, March 6, 1967 117 CITY COUNCIL OFFICIAL. Regular Session, March 6, 1967. Council met at 7:30 P.M. (C.S.T.) Present --Mayor Ludwig, Coun• cilmen McCauley, Pfohl, Pregler, Schultz. City Manager Gilbert D. Chavenelle. ager and staff for investigation and report.. Seconded by Council- man Pregler. Carried by the fol- lowing vote: Yeas—Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None. March 6, 1967 To the Honorable Mayor and Members of the City Council. Mayor Ludwig read the call and Gentlemen: stated that service thereof had In accordance with the provisions been duly made and this is the of Chapter 365 of the Code of regular monthly meeting of the Iowa 1966 the Civil Service Com - City Council called for the pur- mission conducted Entrance Ex. pose of acting upon such business aminations on February 19, 1967, as may properly come before the for persons seeking appointments meeting. to both the Fire and Police De, Printed Council proceedings for partment.s. the months of November and De- The following named persons cember 1966 presented for ap. have passed both the written and proval. Councilman Pfohl moved physical examinations for the Fire that the printed proceedings for Department and are hereby certi- the months of November and De- fied. cember 1966 be approved as Raymond G. Stephan.... 87.50% printed. Seconded by Mayor Lud- Robert J. Flick ............70% wig. Carried by the following vote: Police entrance examinations Yeas—Mayor Ludwig, Council- given on the same date failed to men McCauley, Pfohl, Pregler, produce the required results for Schultz. certification. Five persons passed Nays—None. the written examination but were unable to qualify for the physical examination, up until this time. Communication of Dubuque Printing Pressmen & Assistants Union informing the City that the Union has withdrawn the Press- men's Union Label from the Tele. graph Herald operating in East Dubuque, Ill., presented and read. Councilman McCauley moved that the communication be referred to the Council. Seconded by Council- man Pregler. Carried by the fol- lowing vote: Yeas—Mayor Ludwig, Ut)uneil- men McCauley, Pfohl, Pregler. Schultz. Nays—None. Communication of Mayor's In- dustrial Committee recommending sale of a piece of city owned prop- erty adjacent to Frommelt Indus• tries Inc. on Huff Street and also recommending sale of approxi- mately two acres to Frommelt In- dustries Inc. in the Industrial Park between the present Coca Cola Plant and the Vulcan Tool Industry Presented and read. Mayor Ludwig moved that the communication be referred to the Council, City Man- r Gerard B. Noonan Chairman LeRoy H. Giles Louis F. Fautsch Civil Service Commission Attest: Leo F. Frommelt City Clerk Subscribed and sworn to before me this 6th day of March 1967. Eugene J. Berens Notary Public Mayor Ludwig moved the certi- ficatitin be received and made a matter of record. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. Nays—None. March 6, 1967 To the Honorable Mayor and City Council Gentlemen: The Municipal (hurt has re" quested that an additional 74 113 Regular Session, March 6, 1967 square feet of space be rented. The space is adjacent to the North Court Room. It is and will be used for storing court documents. Attached is a letter from the Clerk of the Court requesting that the space be rented. Also attached is a letter of agreement from Fischer Realty and a copy of the original lease dated October 29, 1962. The lease was authorized by Council Resolu- tion 226-62 passed October 29, 1962. The letter of agreement modifies the original lease by in- creasing the monthly rental $20.00 per month. It is requested that the Mayor and City Clerk be authorized to sign the letter of agreement. Respectfully requested, Gilbert Chavenelle City Manager Councilman Schultz moved that the recommendation of the City Manager be approved. Seconded by Councilman Pfohl. Carried by the following vote: Yeas—Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None. February 28, 1967 To the Honorable Mayor and City Council Gentlemen: Some years ago a petition was received for street lights on New Haven Street. It was the desire of the petitioners to have boulevard lighting. However, no arrangement could be made to share the cost. The neighborhood now has agreed to standard street lighting and the following recommendations are made: 1. On existing pole at the inter- section of Mineral and New Haven Streets. 2. On New Haven Street between Lots 1 & 2 or between 2622 and 2638. 3. On the easement between Lots 12-13 or between 2675 and 2665 New Haven. 4. Between 2737 and 2745 New Haven (Ethel). 2. On easement on Ethel across from 2768 Ethel. It is recommended that the new installations above be 175 Watt Mercury Vapor Lights. It is also recommended that the present light now located on the intersection of Prysi and New Haven be converted to Mercury Vapor. Respectfully submitted, Gilbert D. Chavenelle City Manager Councilman Pregler moved that the recommendation of the City Manager be approved. Seconded by Mayor Ludwig. Carried by the fol- lowing vote: Yeas—Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None. March 6, 1967 To the Honorable Mayor and City Council Gentlemen: I request that you give me per. mission to authorize Durrant-Dein- inger - Dommer - Kramer - Gordon, Architects and Engineers, to pro- ceed with the design and contract documents for the fire station to be constructed on John F. Ken nedy Road. This work is outlined in Phase II and Phase III of our contract with the architects dated February 8, 1965. A copy of this contract is attached. I will go ahead with the author- ization only after I have been as- sured by the bond attorneys that the papers and documents of the February 21st election are in proper order. Respectfully requested, Gilbert D. Chavenelle City Manager Councilman Pfohl moved that the recommendation of the City Manager be approved. Seconded by Councilman Schultz. Carried by the following vote: Yeas—Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None. March 6, 1967 To the Honorable Mayor and City Council Gentlemen: This is to advise that I have approved the following bonds and r Regular Session, March 6, 1967 119 desire to have your approval on same. PUBLIC OFFICIAL BOND Romolo N. Russo. Westvi-n Surety Company SIDEWALK John Luber, United States Fidelity & Guaranty Co. Respectfully, Gilbert D. Chavenelle, City Manager Mayor Ludwig moved that the bonds be filed subject to approval of the City Solicitor. Seconded by Councilman McCauley. Carried by the following vote: Yeas—Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None. Notice of Claim of Mrs. Vernon Blaser, in the amount of $16.55, for plumbing expense incurred as the result of a backed -up sewer at 1203 Lincoln Ave., on an un- specified date, approximately three weeks previous to filing of claim, presented and read. Coun- cilman Pregler moved that the claim be referred to the,City Solici- tor for investigation and report. Seconded by Councilman Schultz. Carried by the following vote: Yeas—Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None. Notice of Claim of Mrs. Luella A. Sear, in the amount of $865.20 for real property damage incurred as the result of a backed -up sewer at 502 Wilson Ave., on January 9th and February 16, 1967, pre- sented and read. Councilman Preg- ler moved that the claim be re- ferred to the City Solicitor for in- vestigation and report. Seconded by Coucilman Schultz. Carried by the following vote: Yeas—Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None. March 6, 1967 Hon. Mayor & City Council Gentlemen: On December 9, 1966, Harold B. Demkier of 1975 North Grand- view Avenue, Dubuque, Iowa, filed claim for damages to his car in the amount of $68.08 resulting from striking a hole in the street, at, the corner of Vernon & Glen Oak on December 2, 1966. I have made an investigation of this matter and find that a defect exists thereat and the defandant did suffer $68.08 damages to his car and I recommend that his claim in the amount of $68.08 be paid and the City Auditor draw a warrant payable to Harold A. Dem- kier in the amount of $68.08 and transmit same to the City Attorney for delivery upon receipt of duly executed release. Original claim is returned here- with. Yours very truly, R. N. Russo City Attorney Councilman Pfohl moved that the recommendation of the City Attorney be approved. Seconded by Councilman Pregler. Carried by the following vote: Yeas—Mayor Ludwig, Council. men McCauley, Pfohl, Pregler, Schultz. Nays—None. ORDINANCE NO. 8-67 An Ordinance Changing the names of streets within the City Dubuque, said Ordinance having been prev- iously presented and introduced at Council meeting of February 61 1967, presented for adoption. Councilman Pregler moved that the reading just had be considered the first reading of the Ordinance. Seconded by Councilman Pfohl. Carried by the following vote: Yeas—Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None. Councilman Pregler moved that the rule requiring an Ordinance to be read on three separate days be waived. Seconded by Council- man Pfohl. Carried by the follow- ing vote: Yeas—Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays --None. 120 Regular Session, March 6, 1967 ORDINANCE NO. 111.61 An Ordinance changing the names of streets within the City ofDubuque. Be it Ordained by the City Council of the City of Dubuque: Section 1. That the following changes In the names of Streets within the City of Dubuque be and the same are hereby changed, the changes to become effec- tive from and after the passage and publication of this Ordinance as required by law. The names of Streets shall be changed to read as follows: Rowan street from the north property line of South Grandview Avenue to the south property line of Kerrigan Road shall be called Julien Dubuque Drive. Old Timers Road from the north prop. erty line of Asbury street northerly to the city limits shall be called John F. Kennedy Road. East Ninth street extension from the south property line of East 11th street to the east Property line of Pine ;,treel shall be called Kerner Boulevard. Section 1. That upon final passage a cop;' thereof shall be certified and filed with the County Recorder and County Auditor of Dubuque County, Iowa, and be entered of record in the Recorder's office in accordance with the law. Section 3. This Ordinance shall be In force and effect from and afterIts final passage by the City Council and publication as Provided by law. Passed, adopted and approved this 5th day of March, 1967. RICHARD LUDWIG Mayor M. SYLVESTER McCAULEY MERLIN F. SCHULTZ ELDON A, PFOHL WALTER A. PREGLER Councilmen Attest: Leo F. Frommelt City Clerk Published officially In The Telegraph - Herald Newspaper this 10th day of March, 1967. Leo F. Frommelt City Clerk Councilman Pregler moved final adoption of the Ordinance. Sec- onded by Councilman Pfohl. Car- ried by the following vote: Yeas—Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None. Petition of Molo Oil Co. request- ing a new location in the pro- jected urban renewal area, if their present gas service station at 5th & Locust Street, must be removed, presented and read. Mayor Lud- wig moved that the petition be received and filed and a copy of said petition be made available to the Urban Renewal Director. Sec- onded by Councilman McCauley. Carried by the following vote: Yeas—Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None. Petition of Dubuque Shriners Club requesting permission to hold a parade on Saturday May 6, 1967, presented and read. Councilman Pregler moved that the petition be referred to the Mayor and City Manager. Seconded by Councilman Pfohl. Carried by the following vote: Yeas—Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None. Petition of A-1 Plumbing & Heat- ing Co. requesting permission to excavate at 887 Mt. Carmel Road (10 year Street), presented and read. Councilman McCauley moved that the petition be granted sub. ject to approval of the Engineer. ing Department. Seconded by Mayor Ludwig. Carried by the fol- lowing vote: Yeas—Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None. Petition of Raymond Taylor et al and Hydromation Plant Manager requesting that Decatur Street from Garfield Ave, to the Railroad tracks be re -opened and returned to its original use as a street, presented and read. Councilman Pregler moved that the petition be received and filed. Seconded by Councilman Pfohl. Carried by the following vote: Yeas—Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None. Councilman Pregler moved that the rules be suspended in order to let anyone present address the Council if they so desire. Seconded by Mayor Ludwig. Carried by the following vote: Yeas—Mayor Ludwig, Council- men Pfohl, Pregler, Schultz. Nays—Councilman McCauley. Mr. R. J. Taylor again addressed the Council as to the value of Decatur Street as to an access route to his property. After con- siderable discussion Councilman McCauley moved that the status of Decatur Street remain as it is now and discussion be closed. Sec- onded by Mayor Ludwig. Carried by the following vote: Yeas—Mayor Ludwig, Council- men McCauley, Pregler, Schultz. Nays --Councilman Pfohl. Petition of Dorance E. Cox of 2613 University Ave. praying for r Regular Session, March 6, 1967 121 relief of a parking problem which exists due to a neighboring estab- lishment whose customers seem to continuously park in his drive. way and on to his property, pre- sented and read. Councilman Preg- ler moved that the petition be referred to the Manager and Traf- fic Department. Seconded by Councilman Schultz. Carried by the following vote: Yeas—Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None. RESOLUTION NO. 53.67 A Resolution approving the City of Dubuque, Iowa, 1966 Street Finance Report. WHEREAS, a distribution of ex- penditures and receipts of the City of Dubuque for "Municipal Street and Parking for the fiscal January 1, 1966 and ending December 31, 1966, has been duly prepared in ac- cordance with Chapter 312 and as amended by the 61st General As- sembly of Iowa, and submitted to this Council for approval; and WHEREAS, this Council has ex- amined the distribution of receipts and expenditures of the City of Dubuque, Iowa, for Municipal Streets and Parking, wherein the receipts and expenditures for the fiscal year are shown. NOW THEREFORE, be it re- solved by the City Council of the City of Dubuque, Iowa: That distribution of receipts and expenditures for "Municipal Streets and Parking" as heretofore pre- pared, be and the same is hereby adopted and approved as the Street Finance Report for 1966. Passed, adopted and approved this 6th day of March, 1967. Richard Ludwig Mayor hi. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler Councilmen Attest: Leo F. Frommelt City Clerk Councilman McCauley moved adoption of the resolution. Sec- onded by Council Pfohl. Carried by the following vote: Yeas—Mayor Ludwig, Council. men McCauley, Pfohl, Pregler, Schultz. Nays—None. RESOLUTION NO. 54.67 BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the following having complied with the provisions of law relating to the sale of Cigar- ettes within the City of Dubuque, Iowa, be granted a permit to sell Cigarettes and Cigarette Papers within said City. Francis Barrett, 2600 Jackson Street. BE IT FURTHER, RESOLVED that the bonds filed with the ap- plication be approved. Passed, adopted and approved this 6th daN of March, 1967. Richard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler Councilmen Attest. Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Pfohl. Carried by the following vote: Yeas—Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None. RESOLUTION NO. 55-67 WHEREAS, applications for Beer Permits have been submitted to this Council for approval and the same have been examined: Now therefore, BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the following applica- tions be granted and licenses be issued upon the compliance with the terms of the ordinances of the City. Class "B" Beer Permit Private Club Fischer Bowling Lanes Club, 880 Locust Street. Class "B" Beer Permit Mathias A. Schneller, 132 8th Avenue. Adele Fens, 210 West 1st Street. Raymond Charles Kratz, 2417- 2423 Rhomberg Avenue. 122 Regular Session, March 6, 1967 Herbert E. Althaus, 1575 Central Avenue. Maryel M. Birkett, 1064 Univer- sity Avenue. Raymond McLaughlin, 2222 Cen. tral Avenue. Florance T. Deutsch, 45 West 13th Street. Louis E. Willcox, 2412 Central Avenue. Aristo Foods of Iowa, Inc.. 1111 Dodge Street. Class "C" Beer Permit Anthony L. Fecker, 2119 Rhom- berg Avenue. Eagle Food Centers, Inc., #109, 200 South Locust Street. Passed, adopted and approved this 6th day of March, 1967. Richard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler Councilmen Attest: Leo F. Frommelt City Clerk Mayor Ludwig moved adoption of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas—Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None. RESOLUTION NO. 56-67 WHEREAS, applications for Beer Permits were filed by the within named applicants and they have re- ceived the approval of this Coun- cil; and WHEREAS, the premises to be occupied by such applicants were inspected and found to comply with the ordinances of this City and they have filed proper bonds; NOW THEREFORE, be it re- solved by the City Council of the City of Dubuque, Iowa, that the Manager be and he is hereby di- rected to issue to the following named applicants a Beer Permit. Class "B" Beer Permit Private Club Fischer Bowling Lanes Club, mo Locust Street. Class "B" Beer Permit Mathias A. Schneller, 132 8th Avenue Adele Fens, 210 West list Street. Raymond Charles Kratz, 2417- 2423 Rhomberg Avenue. Herbert E. Althaus, 1575 Cen- tral Avenue. Maryel M. Birkett. 1064 Univer- sity Avenue. Raymond McLaughlin, 2222 Cen- tral Avenue. Florance T. Deutsch, 45 West. 13th Street. Louis E. Willcox, 2412 Central Avenue. Aristo Foods of Iowa, Inc., 1111 Dodge Street. Class "C" Beer Permit Anthony L. Fecker, 2119 Rhom- berg Avenue. Eagle Food Centers, Inc., X4109, 200 South Locust 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 6th day c,f March, 1967. Richard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Mayor Ludwig. Carried by the following vote: Yeas—Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None. RESOLUTION NO. 57-67 WHEREAS, applications for Liq- uor Permits have been submitted to this Council for approval and the same have been examined. NOW THEREFORE BE 17' RE- SOLVED, by the City Council of the City of Dubuque, Iowa, that the following applications be grant- ed and licenses issued upon the compliance with the terms of the Iowa Liquor Control Act—Chapter 123 --as amended by the 60th Gen- eral Assembly, 1963. Class "C" Commercial Establishment Raymond Charles Kratz, 2417- 2417 Rhomberg Avenue. Regular Session, March 6, 1967 123 Passed, adopted and approved this 6th day of March, 1967. Richard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler Councilmen Atest: Leo F. Frommelt City Clerk Councilman Schultz moved adop- tion of the resolution. Seconded by Mayor Ludwig. Carried by the following vote: Yeas—Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None. RESOLUTION NO. S8-67 WHEREAS, applications for Liq- uor Permits were filed by the with- in named applicants and they have received the approval of this Coun- cil, and WHEREAS, the premises to be occupied by such applicants were inspected and found to comply with the State Law and all City ordinances relevant thereto and they have filed proper bonds; NOW THEREFORE BE IT RE- SOLVED by the City Council of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named applican a Liquor Permit. Class "C" Commercial Establishment Raymond Charles Kratz, 2417- 24'2'3 Rhomberg Avenue. Passed, adopted and approved this 6th day of March, 1967. Richard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz - Eldon A. Pfohl Walter A. Pregler Councilmen Attest: Leo F. Frommelt City Clerk or Mayor Ludwig moved the adop- tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas—Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None. Mayor Ludwig moved that Coun- cilman Pregler be appointed to the Plumbing Board for a three year term beginning January 1, 1967. Seconded by Councilman McCauley. Carried by the following vote: Yeas—Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None. There being no further business Councilman McCauley moved to adjourn. Seconded by Mayor Lud- wig. Carried by the following vote: Yeas—Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None, Leo F. Frommelt City Clerk Approved ..ti.0 us.. 7 1987 Adopted AUUS 1......7........1967 Attes . .............. `.t'�b.... City ` erk 124 Special Session, March 20, 1967 CITY COUNCIL OFFICIAL Special session, March 20, 1967. Council met at 7:30 P.M. (C.S.T.) Present—Mayor Ludwig, Coun- cilmen McCauley, Pregler, Schultz, City Manager Gilbert D. Chava- nel le. Absent—Councilman Pfohl. Mayor Ludwig read the call and stated that service thereof had been duly made and this meeting is called for the purpose of con- ducting a public hearing on the Amendment of the Current Budget, and acting upon such other busi- ness as may properly come before a regular meeting of the City Council. March 9, 1967 To the Honorable Mayor and Members of the City Council Gentlemen: On March 8, 1967 the Civil Serv- ice Commission met in special ses- sion to arrange for promotional ex- aminations which must be given this year during the month of April. It was brought to the attention of the Civil Service Commission that an unforseen condition has arisen as to the hiring of fire- men, from the last certified pro- motional list for Fire Lieutenants, which was certified to the City Council on May 10, 1965. At that particular time the certified list should have been kept to ten per- sons, with the privilege of the Commission to submit a second list of over ten who successfully passed the examination with sev- enty per cent or better. However the list as certified contained twelve men. Due to the reduced hours granted to Firemen under the State law the list has been ex. hausted as to the ten first men on the eligible list. As a result the. Fire Chief had to call on the remainder of the list, over the first ten, to serve in the ca- pacity of lieutenants. We therefore wish to re -certify two members, over the list of the original ten, for the position of Lieutenants as follows: Marcellus J. Pottebaum...... 72.5% Paul N. Schuster ....................70.83°% This would comply with Rule 7 under Rules & Regulations for Pro- motional Examinations for Police & Fire Departments which allows continuance of preference up to two years following the date of certification. Respectfully submitted, Gerard B. Noonan Chairman Louis F. Fautsch Civil Service Commission Attest: Leo F. Frommelt Clerk Subscribed and sworn to before me this 20th day of March, 1967. Eugene J. Berens Notary Public Councilman Pregler moved that communication be received and made a matter of record. Sec- onded by Councilman Schultz. Car- ried by the following vote: Yeas—Mayor Ludwig, Council- men McCauley, Pregler, Schultz. Nays—None. Absent—Councilman Pfohl. March 17, 1967 To the Honorable Mayor and Members of the City Council Gentlemen: In accordance with the provi- sions of Chapter 365 of the 1966 Code of Iowa, the Civil Service Commission conducted entrance examinations on February 15, 1967 for appointments to the Police Department. The following named persons passed both the written and physi- cal exams and their names are hereby certified for appointment to the Police Department. Mark H. Kisting ........................94% William J. Gibson ....................75% The above certifications were somewhat delayed pending com- plete physical examinations and final approval of the Pension Board. Respectfully submitted, Gerard B. Noonan Chairman Louis F. Fautsch Civil Service Commission Attest, Leo F. Frommelt Clerk Stweial Session, March 20, 1967 125 Subscribed and sworn to before me this 20th day of March, 1967. Eugene J. Berens Notary Public Councilman Pregler moved that the communication be received and made a matter of record. Seconded by Councilman Schultz. Carried by the following vote: Yeas—Mayor Ludwig, Council- men McCauley, Pregler, Schultz. Nays—None. Absent—Councilman Pfohl. March 7, 1967 Honorable Mayor and City Council City of Dubuque Gentlemen: This is to certify that the cost for the Sanitary Sewer facility to the Dubuque Boat Club Inc. on Front Street constructed accord- ing to Ordinance No. 77-60 was as follows: 324 lin. ft. of 8" sewer C� $2.65 ................................$858.60 9lin. ft. of Manhole Sidewall (ir $18.50 ........ 203.50 2 No. of Manhole Bases (a $30.00 ........................ 60.00 2 No. of Manhole Rings and Covers r� $54.00 .. 108.00 $1230.10 Ordinance Publication Costs ....................... _..... 34.22 Engineering Costs (City) 54.65 Total Costs ......................$1321.96 Based on a usable frontage of 351.5 feet the connection charges should be $3.761 per foot. Respectfully submitted, Dubuque Boat Club Inc. Ellwood "Woody" Flick Commodore Kenneth J. Schmidt Sec. Tress. Councilman McCauley moved that the certification be received and made a matter of record. Sec- onded by Councilman Schultz. Car- ried by the following vote: Yeas—Mayor Ludwig, Council- men McCauley, Pregler, Schultz. Nays—None. Absent—Councilman i'fohl. Communication of R. K. Lampe questioning the recent increase to the Humane Shelter, bringing the total monthly payment to $700, be- ing that the City subsidizes a sub- stantial portion of the Shelter's costs without having anything to say as to its operation, presented and read. Councilman Pregler moved that the communication he received and filed. Seconded by Councilman Schultz. Carried by the following vote: Yeas—Mayor Ludwig, Council- men McCauley, Pregler, Schultz. Nays—None. Absent—Councilman Pfohl. Councilman Pregler moved that the rules be suspended in order to let anyone present address the Council if they so desire. Second- ed by Councilman Schultz. Carried by the following vote: Yeas—Mayor Ludwig, Council- men McCauley, Pregler, Schultz. Nays—None. Absent—Councilman Pfohl. Mr. Phend, Kennel man at the Humane Society Shelter, addressed the Council by stating that he is at the shelter 24 hours per day. He further stated that he knows how every cent is spent and could furnish a report of all shelter ac- tivities if the City Council would so desire it. >►lr. Iampe stated that in his opinion the City should have a report and have something to say about the supervision of the shel- ter. Communication of Hartford Acci. dent dr. Indemnity Co. advising of the cancellation of the sidewalk construction bond issued to the Adams Realty Corporation to be effective on April 13, 1967, pre- sented and read. Councilman McCauley moved that the cancellation be approved. Sec- onded by Councilman Schultz. Car- ried by the following vote: Yeas—Mayor Ludwig, Council- men McCauley, Pregler, Schultz. Nays—None. Absent—Councilman Pfohl. Communication Of Iowa Oil Com- pany requesting consideration for a suitable location in the Urban Renewal Area, in the event their property located at Fourth and Lo. cust is included in the Urban Re. newal project, presented and read. Mayor Ludwig moved that the communication be received and 126 Special Session, March-20, 1 filed and a copy of same be sent to the Urban Renewal Director. Seconded by Councilman McCauley. Carried by the following vote: Yeas—Mayor Ludwig, Council- men McCauley, Pregler, Schultz. Nays—None. Absent—Councilman Pfohl. 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 February 1967, pre- sented and read. Councilman Pregler moved that the proof of publication be re- ceived and filed. Seconded by Councilman Schultz. Carried by the following vote: Yeas—Mayor Ludwig, Council- men McCauley, Pregler, Schultz. Nays—None. Absent—Councilman Pfohl. March 15, 1967 To the Honorable Mayor and City Council Gentlemen: A petition is being presented to you for street lights on Hickory Hill and Hickory Hill Court. The area has been investigated and it is recommended that four 175 watt mercury vapor lights be installed: Three lights on Hickory Hill on easements between Lots 4 and 5, 17 and 18 and 21 and 22. One light on Hickory Hill Court between Lots 9 and 10. Respectfully, Gilbert D. Chavenelle City Manager Councilman Schultz moved that the recommendation of the Man- ager be approved. Seconded by Mayor Ludwig. Carried by the fol- lowing vote: Yeas—Mayor Ludwig, Council- men McCauley, Pregler, Schultz. Nays—None. Absent—Councilman Pfohl. March 9, 1967 To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen: On March 6, 1967 I had a meet ing with Mr. R. J. Dyer, Distriel Manager of Interstate Power Com pany to discuss the extension of bus service in the Plaza 20—Devon Drive area. It does not appear at the time that the requested service can be rendered by Interstate Power Com- pany. Interstate Power will continue to study and analyze transit service for this area, and perhaps can run a route on a trial period this fall. Attached is a letter from Air. R. J. Dyer dated March 6th. Respectfully, Gilbert D. Chavenelle City Manager Mayor Ludwig moved that the communication be received and filed, and a copy of Mr. Dyer's letter be sent to each Councilman. Seconded by Councilman Pregler. Carried by the following vote: Yeas—Mayor Ludwig, Council- men McCauley, Pregler, Schultz. Nays—None. Absent --Councilman Pfohl. March 17, 1967 To the Honorable Mayor and City Council Gentlemen: Enclosed you will find the monthly report of the Health De- partment for the month of Janu- ary, 1961 Respectfully, Gilbert D. Chavenelle City Manager Councilman Schultz moved that the report be received and filed. Seconded by Councilman McCauley. Carried by the following vote: Yeas—Mayor Ludwig, Council- men McCauley, Pregler, Schultz. Nays—None. Absent --Councilman Pfohl. March 17, 1967 To the Honorable Mayor and City Council Gentlemen: 1 am returning to you the peti- tion regarding the condition of a lot and the drainage in the Moun- tain Lane and Florence Street loca- tion. Two members of the City Staff inspected the area and made a written report which 1 have en- closed. I also inspected the loca- tion and concur with the report. Since the lot in question belongs to the County, we will bring the Special Session. March 20, 1987 127 condition of the lot to the atten- tion of County officials and ask that it be cleaned. Also, we have indicated to the petitioners that the burning of brush could be ac- complished under proper arrange- ments with the Fire Department. I have written to both the Sanita- tion and the Fire Chief appraising them of the situation. I have also written the petition- ers informing them of the staff re- port and reminding them that the City service provided in the area has been excellent. For example: Mountain Lane has been wid- ened, graded and sealed. It will probably be resealed again this year. Florence Street (Villa to Moun- tain Lane) was sealed several times in the past seven years. The last in 1965. Villa Street was seal coated in 1965. In 1965 the extension of Flor- ence Street was graded and a berm constructed in order to control the flow of water. The water channel was filled with broken cement and grouted for a distance well past the house of the abutting resident.. During the winter the Mountain Lane area is salted, and in par- ticular, Florence Street Extension is salted about twenty feet beyond Mountain Lane in order to permit easy access to the driveway of an abutter. I am certain that the petitioners agree that they have been well served. Respectfully, Gilbert D. Chavenelle City Manager Councilman Pregler moved that the communication be received and filed. Seconded by Councilman Schultz. Carried by the following vote: Yeas—Mayor Ludwig, Council- men McCauley, Pregler, Schultz. Nays Non*. Absent—Councilman Pfohl. March 17, 1967 To the Honorable Mayor and City Council Gentlemen: I request that the position, As- sistant Chief, Training and Person- nel Officer, be established in the Fire Department. I am enclosing for your review a job classification and description of the position. This position will be under Civil Service and it will be filled by Civil Service examination, which will be held as soon as practicable. Respectfully requested, Gilbert D. Chavenelle City Manager Councilman Pregler moved that the request of the Manager be ap- proved. Seconded by Councilman McCauley. Carried by the follow- ing vote: Yeas—Mayor Ludwig, Council- men McCauley, Pregler, Schultz. Nays—None. Absent --Councilman Pfohl. March 17, 1967 To the Honorable Mayor and City Council Gentlemen: A petition from the Mettel Real- ty and Investment Company has been received requesting permis- sion to install street lighting along with underground cable in St. Anne Drive, Ridge Road, Tyler Road and Regis Court in Mettel- Link Addition. This lighting will be installed in accord with City requirements. There will be seven 175 watt mer- cury vapor lights on twenty foot steel standards. It is recommended that this in. stallation be authorized. Respectfully, Gilbert D. Chavenelle City Manager Mayor Ludwig moved that the recommendation of the Manager be approved. Seconded by Coun- cilman Schultz. Carried by the fol- lowing vote: Yeas—Mayor Ludwig, Council- men McCauley, Pregler, Schultz. Nays—None. Absent --Councilman Pfohl. March 20, 1967 To the Honorable Mayor and City Council Gentlemen: This is to advise that I have ap- proved the following bondsand desire to have your approval on same. 128 Special Session, March 20, 1967 Comprehensive Liability Dubuque Plumbing and Heating Co., a Division of Geiger & Co., Bituminous Casualty Corporation. Tri-State Paving Company, Bitu- minus Casualty Corporation. Sidewalk Conlon Construction Co., Mary- land Casualty Company. Thomas Flynn Coal Co., Mary- land Casualty Company. Oliver Kringle, Merchants Mutu. al Bonding Company. Robert Shireman, Merchants Mu- tual Bonding Company. Respectfully, Gilbert D. Chavenelle City Manager Mayor Ludwigy moved that the policies and bonds be filed subject to approval of the City Attorney. Seconded by Councilman Pregler. Carried by the following vote: Yeas—Mayor Ludwig, Council- men McCauley, Pregler, Schultz. Nays—None. Absent—Councilman Pfohl. March 20, 1967 To the Honorable Mayor and City Council Gentlemen: I herewith submit the reports of the City Water Department and City Treasurer for the month of February 1967. Respectfully, Gilbert D. Chavenelle City Manager Councilman Pregler moved that the report be received and filed. Seconded by Councilman Schultz. Carried by the following vote: Yeas—Mayor Pregler Council- men McCauley, Pregler, Schultz. Nays—None. Absent—Councilman Pfohl. and 1320 and 1324 Tomahawk Drive. March 20, 1967 To the Honorable Mayor and City Council Gentlemen: I request permission for Mr. Vin- cent Conrad to install two street lights on Tomahawk Drive. These lights will be 175 watt mercury vapor lights. Mr. Conrad will furnish the light standard, base and underground wiring. The lights will be located be- tween 1300 and 1301 Tomahawk a Respectfully, Gilbert D. Chavenelle City Manager Councilman Schultz moved that the Manager's request be granted. Seconded by Mayor Ludwig. Car- ried by the following vote: Yeas—Mayor Ludwig, Council- men McCauley, Pregler, Schultz. Nays—None. Absent—Councilman Pfohl. March 20, 1967 To the Honorable Mayor and Members of the City Council Gentlemen: I am enclosing a letter from City Planner, Mr. Gilson, proposing that space be rented in the Fischer Building to house the staffs of the Metropolitan Planning Commission and the City Planning and Zoning Commission. I am also enclosing a sketch of the floor plan and a lease agreement which runs for a two year period. Since the Metropolitan Planning Agency will be the Lessee and sign the lease with Fischer, Inc., a sup- plemental agreement will be drawn between the Dubuque City Plan- ning and Zoning Commission and the Metropolitan Planning Commis- sion about sharing the rent. In any case, you will note from Mr. Gilson's letter that the City's rent cost will not exceed $150.00 per month. I endorse the proposal and rec- ommend it to you, and request you approve of the proposed action. Respectfully, Gilbert D. Chavenelle City Manager Mayor Ludwig moved that the recommendation of the Manager be approved. Seconded by Coun- cilman Pregler. Carried by the fol- lowing vote: Yeas—Mayor Ludwig, Council, men McCauley, Pregler, Schultz. Nays—None. Absent—Councilman Pfohl. March 17, 1967 Hon. Mayor & City Council Gentlemen: On December 9, 1966, Mr. Del Colson of 2109 Washington St., Du- buque, Iowa, filed claim in the SpA-cial Session, March 20, 1%-1 129 amount of $25.00 to $100.00 for damages to his vehicle as the re- sult of allegedly striking a loose manhole at the alley lying be- tween Washington & Jackson Streets at the 2100 block, and that this matter was referred to the City Attorney and that I have made an investigation of this mat. ter and consulted with the Street Department who have examined the area and re-examined the area on this date at my direction and have reported to me that they could find nothing wrong with said manhole cover; that it is tight and appears to be in good proper or- der. In view of the foregoing, it is the recommendation of the City Attorney that the claim of Mr. Colson be denied as I find no ac- tionable negligence upon which to base recovery by Mr. Colson. Orig- inal claim is attached hereto. Respectfully submitted, R. N. Russo City Attorney Councilman McCauley moved that the recommendation of the City Attorney be approved. Sec- onded by Councilman Schultz. Car- ried by the following vote: Yeas—Mayor Pregler Council- men McCauley, Pregler, Schultz. Nays—None. Absent—Councilman Pfohl March 15, 1967 Hon. Mayor and City Council Gentlemen: On December 19, 1966, John Eis- enegger filed claim against the City of Dubuque in the amount of $75.00 for damages allegedly suf- fered to his car as a result of same being sprayed by an oil coating during the seal coating of a City street. This matter was referred to the City Attorney who then referred it to the appropriate City Agency who advised the City Attorney on March 9, 1967 that the claim of Mr. Eis- enegger in the amount of $75.00 was satisfied in full. In view of the foregoing it is the recommendation of the City Attorney that the claim of Mr. F,isenegger be denied and original claim is attached hereto. Respectfully submitted, R. N. Russo City Attorney Councilman Pregler moved that the recommendation of the City Attorney be approved. Seconded by Councilman Schultz. Carried by the following vote: Yeas—Mayor Ludwig, Council- men McCauley, Pregler. Schultz. Nays—None. Absent—Councilman Pfohl. Notice of Suit of John A. & Mar- vel M. Link praying for a decree adjudging that Ordinance No. 13- 65 is invalid and that said ordi- nance does not apply or affect real estate owned by them described as Lot 1 of 1 of 1 of SE3'a SEVi Sec. 21 Twp. 89 N.R. 2 E. presented and read. Councilman Pregler moved that the notice of suit be referred to the City Solicitor for investigation and report. Second- ed by Councilman Schultz. Carried by the following vote: Yeas—Mayor Pregler Council men McCauley, Pregler, Schultz. Nays—None. Absent—Councilman Pfohl. Notice of Suit of Emil & Thelma Althaus, in the amount of $5,000, for a foundation wall that col- lapsed on July 22, 1962. allegedly due to negligence of the City and George Saffran contractor, in the construction of an alley between Alta Place and North Algona run- ning from Delaware to Green Street, presented and read. Coun- cilman Pregler moved that the no- tice of Suit be referred to the City Solicitor for investigation and re- port. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Mayor Ludwig, Council- men McCauley, Pregler, Schultz. Nays --None. Absent—Councilman Pfohl. Notice of Suit of Mrs. Loretta Delaney, in the amount of $15,000, for personal injuries received in a fall on an ice covered walk on University Avenue between Hill Street and Wilson Ave. on Decem- ber 12, 1966, presented and read. Councilman Pregler moved that the notice of suit be referred to the City Solicitor for invesitgation lap Special Session, March 20, 1967 and report. Seconded by Council- man Schultz. Carried by the fol lowing vote: Yeas — Mayor Ludwig, Council- 1 men McCauley, Pregler, Schultz. Nays—None. Absent—Councilman Pfohl. Notice of claim of Ruth J. Lam- bert of 454 Almond St., in an un- determined amount, for personal injuries received in a fall on an ice covered walk approximately 1850 Ellis Street on February 12, 1967, presented and read. Council- man Pregler moved that the notice of claim be referred to the City Solicitor for investigation and re- port. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Mayor Ludwig, Council- men McCauley, Pregler, Schultz. Nays—None. Absent—Councilman Pfohl. Notice of claim of Mrs. Vincent Sheehan of 686 W. 17th Street, in an unspecified amount, for per- sonal injuries received in a fall on a defective sidewalk at 1258 Main St. on January 31, 1967, presented and read. Councilman Pregler moved that the notice of claim be referred to the City Solicitor for investigation and report. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Mayor Ludwig, Council- men McCauley, Pregler, Schultz. Nays—None. Absent—Councilman Pfohl. Notice of claim of Orville F. Potter of 563 E. 14th Street, in the amount of $585, for personal Injuries received in a fall while crossing in the walkway of the Milwaukee Tracks at 14th Street on February 11, 1967, presented and read. Councilman Pregler moved that the notice of claim be referred to the City Solicitor for investigation and report. Sec- onded by Councilman Schultz. Car- ried by the following vote: Yeas — Mayor Ludwig, Council- men McCauley, Pregler, Schultz. Nays—None. Absent—Councilman Pfohl. Notice of claim of Christine Frederick of 2763% Jackson St., in an unspecified amount, for per- sonal injuries received in a fall on a defective sidewalk at 2709 Jackson Street on March 6, 1967, presented and read. Councilman Pregler moved that the notice of claim be reefrred to the City So- icitor for investigation and re- port. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Mayor Ludwig, Council men McCauley, Pregler, Schultz. Nays—None. Absent --Councilman Pfohl. Notice of claim of Jean A. Dun- can of 515 Cooper Place, in the amount of $40 for car damage as the result of striking a piece of loose paving in the street at 5th & Bluff street on March 4, 1967, presented and read. Councilman 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 — Mayor Ludwig, Council. men McCauley, Pregler, Schultz. Nays—None. Absent—Councilman Pfohl. Notice of claim of Alvin Maus of 1075 Tressa Street, in the amount of $112.50, for personal property damage and plumbing expense in- volved as the result of a backed -up sanitary sewer on March 9, 1967, presented and read. Councilman Pregler moved that the notice of claim be referred to the City So- licitor for investigation and re- port. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Mayor Ludwig, Council men McCauley, Pregler, Schultz. Nays—None. Absent—Councilman Pfohl. Proof of Publication, certified to by the Publisher, of notice of pub- lic hearing to consider record of hearing and certificate to amend the current budget, presented and read. No written objections were filed and no oral objectors were pres. ent in the Council Chamber at the time set for the public hearing. Mayor Ludwig moved that the proof of publication be received and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Ludwig, Council- men McCauley, Pregler, Schultz. Nays—None. Absent—Councilman Pfohl. Sjw( i.il Session, Nlarch 20, 1987 ORDINANCE NO. 11-67 An Ordinance amending the bud- get as approved by Resolution No. 214.66 and Ordinance No. 1-67, said Ordinance having been pre- viously presented and read at the Council meeting of February 22. 1967, presented for Final Adop- tion. ORDINANCE NO. 11.67 An Ordinance amending the budget as approved by Resolution No. 214.66 and Ordinance No. 1-67. Be it Ordained by the City Council of the City of Dubuque: That the unexpended cash balances on hand at the close of the precedln9 fiscal year not estimated Or appropriated In the original budget approved by Resolution No. 214-66 and Ordinance No. 1-67 are hereby allocated and appropriated for Payment of necessary expenditures of City Government, in the following amounts and for the purposes as hereinafter set forth, al(ocationshat of funds are herebrliau5 thorized to wit: RECEIPTS Excess Dec. 1,1967 Unencumbered Total Fund Balance General Fund 13,800.00 13.800.00 Street Fund 15,650.00 15,650.00 Street Use Tax Fund 37112.00 37,112.00 Public Safety Fund 3,000.00 3,000. DO Sanitation Fund 26,610.00 26,610.00 /JluNclpel Enterprise Fund—Library 81655.04 8,655,00 Municipal Enterprise Fund.—Airport 4,000.00 4,000.00 Recreation .— Recrea tion General 2,760.00 2,760.00 Utilities — Street & Traffic lighting 1,400.00 1,400.00 112,987.00 112,987.00 EXPENDITURES GENERAL FUND Item No. 114- ItY Buildings 4,000.00 I Maint. S Repair) Item No. 147 --Planning & Zon. 2,600.00 ing (PersonneU item lcohol Consultant) cellaneous 7,200. DO 13,000.00 TOTAL GENERAL FUND These appropriations shall be paid from r and above the ambount anticipated January 1, 1967 In the Generl.l Fund. STREET FUND Item No. 133--1—City Garage (Mon. Garage Development) 600.00 Item No. 135—Street Const. 13850.W (Traffic Signals) Item No. 137—Sidewalks (Side- 120000 walk Program) TOTAL STREET FUND 15,650.00 These appropriations shall be paid from the unencumbered Cash balance over and above the amount anticipated January 1, 1967 in the Street Fund STREET ROAD USE TAX FUND Item No. 135.—Strect Const. 1 200 DO (P.W. Labor) Item No 135 --Street Const. 800 (P.W. Material) Item No. 135. --Street Const. 5,128.00 (Railroad Signals) Item No. 135 ---Street Const. 11245.00 (Curb 8. Gutter) Item No. 135 --Street Const. Item Laid f135-S1reeetv)nyonst. 12,139.00 (Highway 20) C 6,600:00 TOTAL STREET USE TAX FUND 3711200 These appropriations shall be paid from the unencumbered cash balance over and above the amount antic paced January 1, 1%7 in the Street Road Use Tax Fund. PUBLIC SAFETY FUND Item No. 199-E—Fire Equip- rnent -Total Public Safety 3 0(q.00 Fund This appropriation shall be pdid from the unencumbered cash baalance over my 1 b1967tin the Publicn5afefyeFund.0 131 SANITATION FUND Item No. 129 --Milk Inspection ( Equipment) 410,00 Item No. 162-J-1—Special As. sessment (City Share) 2,500.00 Item No. 162-J-2—Mun, im. provement (P.W. Labor) 1,500.00 Item No. 162-J-2—Mun. Im- Prcvement MIN, Material) 1,000.00 Item No. 162-J-2-J—Mun. Im. provement (Constr. Jobs 6 Programs) 21,4DO.DO TOTAL SANITATION FUND 26,610.00 These appropriat;ons shall be paid from the unencumbered cash balance over and above the amount anticipated January 1, 1967 in the Sanitation Fund. MUNICIPAL ENTERPRISE FUND— LIBRARY Item No. 143—Repair to Build- ings (Bldg Maift ) 4,600.00 Item No. 14J-1—Library Build- ing Account K-1 -L I b r a r y Improvement (Consultant Fees) 2,555.00 K -2--L I b r a r y Improvement (Architect Fees) 1,500.00 TOTAL MUNICIPAL ENTER- PRISE—LIBRARY8,655.00 This appropriation shall be paid from the unencumbered cash balance over and above the amount anticipated Jan- uary 1, 1%7 In the Municipal Enter- prise—Library Fund. MUNICIPAL ENTERPRISE FUND— AIRPORT Item No. 157-N—Airport Im- PProvement (Architect Fees— In 4,ODO.DO Thisappropriation shall be paid from the unencurnbered cash balance over and above thPP. -nount anticipated January 1, 1967 in the Municipal Enterprise--Airpart Fund. UTILITIES STREET AND TRAFFIC LIGHTING Item No. 138—Street and Traffic Light- ing (Lighting Programs) 1,400.00 rhis appropriation shalt be paid from the unencumbered cosh balance over and above the amount anticipated January 1, 1967 in the Utilities Street and Traffic Lighting Fund. RECREATION—GENERAL FUND item No. 146-J Playground Im- provement 2,760.00 This appropriation shall be paid from the unencumbered cash balance over and •,bove the amount anticipated January 1, 1%7 in the Recreation General Fund. Total additional appropriation for the expenditures of City Government of the City of Dubuque. Iowa for the fiscal gar beginning January 1, 1967 and end - ng December 31, 1967 is $112,987.00 Passed upon first reading this 22nd day of Februarv, 1967. Passed, adopted and approved upon final reading this 20th day of Mardi, 1967. RICHARD LUDWIG, Mayor M. SYLVESTER McCAULEY MERLIN F. SCHULTZ WALTER A. PREGLER Councilmen ATTEST: LeoF. Frommelt City Clerk Published officially in The Telegraph - Herald Newspaper this 24th day of March, 1967. LEO F. FROMMELT %t. 3!24 City Clerk. Mayor Ludwig moved final adop- tion of the Ordinance. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Ludwig, Council- men McCauley, Pregler, Schultz. Nays—None. Absent—Councilman Pfohl. Proof of Publication, certified to by the Publisher, of notice of pub- lic hearing to amend the Zoning Ordinance so as to change Lots 34, 35, 36, 36A, 9o, 91 and 92 in A. P. Woods Addn. from Two Family to Multiple Family Residence District classification, presented and read. 132 Special Session, March 20, 1067 Councilman Pregler moved that the proof of publication be received and filed. Seconded by Councilman McCauley. Carried by the following vote: Yeas — Mayor Ludwig, council- men McCauley, Pregler, Schultz. Nays — None. Absent — Councilman Pfohl. Attorney Arnold Van Etten re- quested that the zoning of the prop- erty in A. P. Woods Addition be denied or at least referred back to the Planning & Zoning Commission for further consideration because the property has changed hands re- cently. Mr. Greg Francois of W. Locust Street also objected to the rezoning of the area being fearful of blocking access to his property. Petition of Harold A. Conzett Jr. et al objecting to the rezoning of Lots 34, 35, 36, 36A, 9o, 91 and 92 in A. P. Woods Addn. for various reasons, presented and read. Coun- cilman Schultz moved that the peti- tion be referred to the Planning & Zoning Commission due to the sell- ing of the property. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Ludwig, Council- men McCauley, Pregler, Schultz. Nays—None. Absent—Councilman Pfohl. ORDINANCE NO. 14.67 An Ordinance amending and changing Ordinance No. 3.34 known as the Zoning Map and Zoning Ordinance of the City of Dubuque so as to change certain property hereinafter described from "Two Family Residence Dis. trict' classification to "Multiple Residence District" classification, said Ordinance having been pre- viously presented and read at the Council meeting of February 27, 1967, presented for final adoption. Councilman Schultz moved that the Ordinance, along with the ob- jections to the rezoning, be refer- red to the Planning & Zoning Com- mision due to the re -selling of the property. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Ludwig, Council- men McCauley, Pregler, Schultz. Nays—None. Absent—Councilman Pfohl. Petition of Robert Carew request- ing permission to construct a re- taining wall at 2103 St. Ambrose Street, presented and read. Coun- cilman Schultz moved that the pe- tition be approved. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Ludwig, Council- men McCauley, Pregler, Schultz. Nays — None. Absent — Councilman Pfohl. ORDINANCE NO. 15.67 An Ordinance authorizing Robert F. Carew to construct a concrete retaining wall at 2103 St. Am- brose Street, presented and read. Councilman Pregler moved that the reading just had be considered the first reading of the Ordinance. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Mayor Ludwig, Council- men McCauley, Pregler, Schultz. Nays—None. Absent—Councilman Pfohl. Councilman Pregler moved that the rule requiring reading of an ordinance on three separate days be waived. Seconded by Council- man Schultz. Carried by the fol- lowing vote: Yeas — Mayor Ludwig, Council- men McCauley, Pregler, Schultz. Nays—None. Absent --- Councilman ��.� Pfohl. AN ORDINANCE CA414 pRVIM GG�OB- CONCRETEARRETAI 1 GLL�AT 2103 ST. AMBROSE S 3E IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE, IOWA: Section 1. That Robert F. Carew as owner of the premises known as N. 99' of Lot 92 of Finley Addition. In the City of Dubuque be, and he is hereby granted the revocable license and au- thority to construct and maintain a con- crete retaining wall underih4 terms and conditions set forth In this Ordinance: Section 2. That such construction shall be done In accordance with plans hereto- fore submitted by permittees and ap- proved by City Manager under the super- vision and direction of 4he City Manager, and In accordance with all applicable state and federal lawn and regulations, and the ordinances of the City of Du. buque. Section 3. That the Permission herein granted is expressly conditioned on per- mittee's agreement to: (a) Assume any and all liability for damages to Persons or Property which may result from the exisl- ence, constructlon or malntenante of said concrete retaining wail. (b) py of Dubuque teti Of hailbecome blppeeeo pay by reason of the Ilabl1Y Im- posed upon the City of DubuQue far damage of any kind resulting from the ex�stence, construction or Spacial Session, Murch 20, 1967 133 maintenance of said concrete re- taining wall, sustained by anv per- son or persons, Caused by accl- dent or otherwise, to defgnd at Its own exPPnse and on behalf of said City any claim against the City of Dubuque arising out of the existence, construction or maintenance of said concrete re- taining wall. Section 4. That the permission herein granted is expressly conditioned upon permittees further agreement that should the right and privilege herein granted be rescinded or revoked by the City Council, permittees or their successors in interest, as owners of the abutting property, shall within thirty (30) dans after receipt of written notice from the City Manager, so to do, at their own expense, remove said concrete retaining wall and in the event of their failure so to do, the City of Dubuque shall be au- thorized to remove said concrete retain - Ing wall at permittees expense and dis- pose of the same, and the perrnittees shall have no claim against the City or its agents for damages resulting from the removal of said concrete retaining wall. Section 5. This Ordinance shall be- came effective and the rights hereunder accrue to Robert F. Carew when this Ordinance has been adopted by the City Council and the terms and conditions thereof accepted by permittees by ac- ceptance endorsed on this Ordinance. Passed, adopted and approved this 2011h day of March, A. D. 1967. Richard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz Walter A. Pregler Councilmen Attest: Leo F. Frommelt A&EPIANCE OF ORDINANCE NO. 15.67 The undersigned having read and being familiar with the terms and conditions of Ordinance No. 1567 hereby, for him- self, his successors or assigns, as owner of the abutting property, accepts the sameand agrees to be bound by the con- ditions and agreements therein contained to be performed by Permittee. Daled March 20, 1967. By Robert Carew Property Owner Published officially In The Telegraph - Herald Newspaper this 24th day of March, 1967. Leo F. Frommell City Clerk. 11. 2-24 Councilman Pregler moved adop- tion of the ordinance. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Mayor Ludwig, Council- men McCauley, Pregler, Schultz. Nays—None. Absent—Councilman Pfohl. ORDINANCE NO. 16.67 An Ordinance amending Ordin- ance No. 33-49 known as the "Traffic Code of Dubuque, Iowa", as amended by enacting a new subsection 27 of Schedule VI to prohibit the parking of motor vehicles on the south-easterly side of Rhomberg Avenue from the Chicago -Great Western Rail- road tracks to Marshall Street, presented and read. Councilman Schultz moved that the reading just had be consid- ered the first meeting of the Or- dinance. Seconded by Councilman McCauley. Carried by the follow- ing vote: Yeas — Mayor Ludwig, Council- men McCauley, Pregler, Schultz. Nays—None. Absent—Councilman Pfohl. Councilman Schultz moved that the rule requiring an Ordinance to be read on three separate days be waived. Seconded by Council- man McCauley. Carried by the fol- lowing vote: Yeas — Mayor Ludwig, Coun- cilmen McCauley, Pregler, Schultz. Nays—None. ORDINANCE NO. 1"T Setlion 1. That Ordinance No. 33-49 known as the "Traffic Code of Dubuque, Iowa" as amended, be and the same is hereby amended by enacting a new Sub- section 27 of Schedule VI thereof as follows. "Schedule VI. 27. On the southeasterly side of Rhom- berg Avenue from the Chicago -Great Western Railroad tracks to Mar- shall Street." Section 2. That Section 16.23 of Ordi- nance No. 33-49 be and the same Is hereby repealed. Passed, adopted and approved this 201h day of March, 1967. RICHARD LUDWIG Mayor M. SYLVESTER M[CAULEY MERLIN F. SCHULTZ WALTER A. PREGLER Councilmen Attest: Leo F. Frommelt City Clerk Published officially In The Telegraph - Herald Newspaper this 24th day of March 1967. Leo F. Frommelt City Clerk It. 3/24 Councilman Schultz moved final adoption of the Ordinance. Sec- onded by Councilman McCauley. Carried by the following vote: Yeas — Mayor Ludwig, Council- men McCauley, Pregler, Schultz. Nays—None. Absent—Councilman Pfohl. ORDINANCE NO. 17.67 An Ordinance amending Ordi- nance No. 33-49 known as the "Traffic Code of Dubuque, Iowa" as amended by repealing Subsection 1 of Schedule VI thereof and enacting a new Sub- section 1 of Schedule VI in lieu thereof and by repealing Sub- section 28 of Schedule VI there- 1:3.1 Special Session, March 20, 1987 of and enacting a new Subsec- tion of Schedule VI in lieu thereof and by repealing Sub- section 91 of Schedule VI there- of and enacting a new Subsec- tion 91 of Schedule VI in lieu thereof, presented and read. Mayor Ludwig moved that the reading just had be considered the first reading of the Ordinance. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Ludwig, Council- men McCauley, Pregler, Schultz. Nays—None. Absent—Councilman Pfohl. Mayor Ludwig moved that the rule requiring an Ordinance to be read on three separate days be waived. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Mayor Ludwig, Council- men McCauley, Pregler, Schultz. Nays --None. Absent—Councilman Pfohl. ORDINANCE NO. 17.67 NOW THEREFORE BE IT ORDAINED OF DUBUQUE, COUNCIL OF THE CITY Section 1. That Ordinance No. 33-49 known as the Traffic Cod f Dubuqu� Iowa" as amended be an � tRe same s hereby amen ed y and t}�e s me Is hereby bl of Schedule nV I therreof nand enact- Ino a new Subsection 1 of SchedVle VI thereof, and by repealing Subsection 28 of ScheduleVI thereof and enacting a new Subsection 28 of Schedule VI there_ of VI and eniactl g abenewnSubsec- Subsec- tion 91 thereof as follows: "Schedule VI. 1. On the south side of West 51h Street from Bluff Street t Hill Street and on the North side of West 5th Street from a point 192 feet West of Bluff Street to the East line of Prospect Street. 28. On the East side of Wartburg Place {rom Fremont A ue to the en- trance to Sunset Ridge and on he West side of Wartburg place from Fremont Avenue to the entrance of the Wartburg Seminar; Audi - for lum and from 365 Fremont Avenue to the entrance to Sunset Ridge. 91. On the North side of North Grand- view Avenue from Audubon Street tp Clarke Drive and on the West side of North Grandview Avenue from Clarke Drive to West 32nd Street." Passed. adopted and approved this 20th day of March, 1967. RICHARD LUDWIG Mayor M. SYLVESTER McCAULEY MERLIN F SCHUL Z WALTER A. PREGLER Councilmen Attest: Len F Frommell City Clerk Published officially in The Telegraph Herald Newspaper this 24th day of March 1967 Leo F. Frorrmmelf City Clerk 1t. 3, 24 Mayor Ludwig moved final adop- tion of Lhe Ordinance. Seconded by Councilman Schultz. Carried by the following vote: Yeas—Mayor Ludwig, Council- men McCauley, Pregler, Schultz. Nays—None. Absent—Councilman Pfohl. Petition of Charles P. Davis et al requesting vacation of a portion of Valeria Street on which a por- tion of a home is presently located at 490 Valeria Street, in order to lift cloud on title, presented and read. Councilman Pregler moved that the petition be referred to the City Manager for investigation and report. Seconded by Council- man Ludwig. Carried by the fol- lowing vote: Yeas—Mayor Ludwig, Council- men McCauley, Pregler, Schultz. Nays—None. Absent --Councilman Pfohl. Petition of Daughters of Union Veterans Civil War, Mary Agard Tent No. 35, requesting permission to conduct a tag day on September 30, 1967, presented and read. Coun- cilman Pregler moved that the petition be referred to the Mayor and Manager. Seconded by Council- man Schultz. Carried by the fol- lowing vote: Yeas—Mayor Ludwig, Council- men McCauley, Pregler, Schultz. Nays—None. Absent—Councilman Pfohl. Petition of Leo Westmark et al requesting the installation of a street light on Kelly Lane, pre- sented and read. Mayor Ludwig moved that the petition be referred to the City Manager and Electrical Inspector for investigation and re- port. Seconded by Councilman Mc- Cauley. Carried by the following vote: Yeas—Mayor Ludwig, Council- men McCauley, Pregler, Schultz. Nays—None. Absent --Councilman Pfohl. i a. Special Session, March 20, 1987 135 Petition of Al Kremenak ex- pressing an interest in the pur- chase of a portion of an aban- doned alley abutting his property at 3041 Brunswick Street, presented and read. Mayor Ludwig moved that the petition be referred to the Manager and Planning and Zoning Commission for investiga- tion and report. Seconded by Coun- cilman Pregler. Carried by the fol- lowing vote: Yeas—Mayor Ludwig, Council- men McCauley, Pregler, Schultz. Nays—None. Absent—Councilman Pfohl. Petition of Holy Ghost Church requesting that parking on W. 30th Street from Central Ave. to Lemon Street be restricted to one side, presented and read. Councilman Pregler moved that the petition be referred to the Manager and Traf- fic Department for investigation and report. Seconded by Council- man Schultz. Carried by the fol- lowing vote: Yeas—Mayor Ludwig, Council- men McCauley, Pregler, Schultz. Nays—None. Absent—Councilman Pfohl. Cooper Playground located at E. 14th & Maple Street remain in its present location and not give way to a proposed building site to house a diesel truck service, pre- sented and read. Mayor Ludwig moved that the petition be re- ceived and filed after it was as- certained that no changes are pres- ently contemplated with the prop- erty. Seconded by Councilman Schultz. Carried by the following vote: Yeas—Mayor Ludwig, Council- men McCauley, Pregler, Schulte. Nays—None. Absent—Councilman Pfohl. Petition of Conrad Construction Co. requesting permission to exca- vate in Terminal Street to make sewer and water connections for Sinclair Oil Co., presented and read. Councilman McCauley moved that the petition be granted sub- ject to approval of City Engineer's requirements. Seconded by Coun- cilman Pregler. Carried by the fol- lowing vote: Yeas—Mayor Ludwig, Council- men McCauley, Pregler, Schultz. Nays—None. Absent—Councilman Pfohl. Petition of American Legion Auxiliary requesting permission to conduct poppy sale days on May 12th and May 13th, 1967, presented and read. Councilman McCauley moved that the petition be re- ferred to the Mayor and Manager. Seconded by Councilman Schultz. Carried by the following vote: Yeas—Mayor Ludwig, Council- men McCauley, Pregler, Schultz. Nays—None. Absent—Councilman Pfohl. Petition of Mrs. David Atchison et al requesting that the Peter F Petition of Alma Henkel request- ing a refund of $250 on the un- expired portion of Class "C" Liquor License No. C-2077, presented and read. Councilman Schultz moved that the refund be granted and the Auditor instructed to issue proper warrant. Seconded by Mayor Ludwig. Carried by the following vote: Yeas—Mayor Ludwig, Council- men McCauley, Pregler, Schulte. Nays—None. Absent—Councilman Pfohl. Petition of Leo Frank Finzel et al requesting a refund at $25 on the unexpired portion of cigarette license No. 281, as he has discon- tinued business on March 13, 1967, presented and read. Councilman Schultz moved that the refund be granted and the Auditor instructed to issue proper warrant. Seconded by Mayor Ludwig. Carried by the following vote: Yeas—Mayor Ludwig, Council- men McCauley, Pregler, Schulte. Nays—None. Absent --Councilman Pfohl. Petition of Robert E. Molo & Anthony A. Helling, requesting ap- proval of plans and construction of Sandy's Drive Inn and Car wash at Kniest Street between Rhomberg & Garfield Avenue, pre- sented and read. Mr. Robert Moto presented plans of the proposed car wash and Drive Inn. Cars would not run on to the streets in dripping wet fash- ion. Before the cars would leave the premisese sized blowers. bedied off by two good 136 Special Session, March 20. Mi Councilman Schultz moved that the petition be approved. Sec- onded by Councilman McCauley. Carried by the following vote: Yeas—Mayor Ludwig, Council- men McCauley, Pregler, Schultz. Nays—None. Absent—Councilman Pfohl. RESOLUTION NO. 59.67 Providing for the issuance of Water Main Extension Bonds in the amount of $13,481,59 on Kelly Lane Water Main Project No. 1, presented and read. Councilman Pregler moved acceptance of the introduction of the resolution, final adoption of which is subject to publication of proper notice. Sec- onded by Councilman Schultz. Car- ried by the following vote: Yeas—Mayor Ludwig, Council- men McCauley, Pregler, Schultz. Nays—None. Absent—Councilman Pfohl. March 15, 1967 To the Honorable Mayor and City Council Gentlemen: Enclosed is a Resolution estab. lishing a connection charge on the sanitary sewer constructed along John F. Kennedy Road and Asbury Road to the west. Also enclosed is a letter of explanation from City Engineer White explaining the situation. I recommend the passage of the Resolution. Respectfully, Gilbert D. Chavenelle City Manager Councilman Pregler moved that the recommendation of the City Manager by approved. Seconded by Mayor Ludwig. Carried by the fol- lowing vote: Yeas—Mayor Ludwig, Council- men McCauley, Pregler, Schultz. Nays—None. Absent—Councilman Pfohl. RESOLUTION NO. 60.67 RESOLUTION establishing a con. nection charge for the eight inch Sanitary Sewer constructed north and west of Asbury Road and John F. Kennedy Road. WHEREAS, the City Engineer has inspected the same and the City Manager has accepted said Sewer; NOW, THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa: Section I. That hereafter any person or persons desiring to con. nect with or extend said sewer, shall first apply to the City Man- ager for permisison to do so and such permisison shall be granted upon condition that the applicant shall pay to the City Treasurer for the City of Dubuque, a connection or extension charge of $6.59 per front foot of land to be served by said connection. However, noth- ing in this resolution shall be construed to exact any charge for any extenion of said sewer by the City of Dubuque or its permittees. Section 2. That the City Clerk be and he is hereby authorized and directed to record a certified copy of this resolution in the of- fice of the County Recorder of Dubuque County, Iowa. Passed, adopted and approved this 20th day of March, 1967. Richard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz Walter A. Pregler Councilmen Attest: Leo F. Frommelt City Clerk Mayor Ludwig moved adoption of the resolution. Seconded by Councilman Schultz. Carried by the following vote: Yeas—Mayor Ludwig, Council. men McCauley, Pregler, Schultz. Nays—None. Absent—Councilman Pfohl. RESOLUTION NO. 6167 WHEREAS, Frommelt Building Corporation, through the Mayor's Industrial Committee, has peti- tioned the City Council to pur- chase certain real estate herein- after descirbed for the purpose of erecting thereon manufacturing facility; and WHEREAS, the Mayor's Indus- trial Committee consisting of Mayor Richard Ludwig, Donald Mueller, Chairman of the Dubuque Board of Dock Commissioners, and Robert E. Dorothy, Manager of the Dubuque Industrial Bureau, by w r i t t e n communication dated Special Session, March al, 1967 137 March 6, 1967, approved and recom- mended the sale of said real estate hereinafter described to Frommelt Building Corporation; and WHEREAS, the City Council of City of Dubuque, Iowa, determined that it would serve the best pub- lic interest to the City of Dubuque to dispose of said real estate to Frommelt Building Corporation for the sum of $3,500.00 per acre, sub- ject to the conditions hereinafter set forth. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the disposal of interest in real estate hereinafter described by City of Dubuque, Iowa, to Frommelt Building Cor- poration covering the following real estate which shall hereafter be platted and described as follows, to wit: Lot 2 of the Subdivision of Sear's Roebuck & Co., Subdivision No. 2 in the City of Dubuque, Iowa, subject to easement of record, for the sum of $3,50000 per acre be. and the same is hereby ap- proved subject to the following terms and conditions: a) Frommelt Building Corporation shall erect and construct a building not less than 12,600 square feet within twelve (12) months of data of delivery of deed conveying the property hereinabove described by City of Dubuque, Iowa, to Frommelt Building Corporation; b) That the construction of the building and use of said prem. ises by Frommelt Building Cor poration shall be in accordance with the City of Dubuque Or dinance No. 3-34 known as the Zoning Ordinance and Zonint Map of the City of Dubuque Iowa, as amended by Ordinanc( No. 33.59, establishing and de fining "restricted industrial dis trict"; c) That in the event Frommel Building Corporation fails ti commence construction of manufacturing facility withii one year of the date of deli% cry of deed, then in such even title to said real estate shal revert to City of Dubuque Iowa, and the purchase price less damages accruing to the City of Dubuque, Iowa, shall he refunded to the Frommelt Building Corporation; d) That the City of Dubuque, Iowa, reserves and retains and ac- cepts unto itself perpetual ease- ments in and to said real es- tate covering any utility pres- ently installed or located in said real estate hereinabove de- scribed and with the right of ingress and egress therefrom for the purposes of mainten- ance, repair and inspection of same; e) That the conveyance herein proposed to be made is ex- pressly conditioned upon From - melt Building Corporation con- tinuing to lease that portion of Sear's Roebuck & Co. Sub- division No. 2 in the City of Dubuque, Iowa, under and by virtue of one certain written lease dated August 2, 1965, sub- ject however to the rental be- ing reduced proportionately for that portion of said leased premises proposed to be con- veyed to Frommelt Building Corporation: f) Frommelt Building Corporation materially represents that it understands, acknowledges and agrees that if a portion or all of the premises proposed to be conveyed shall be required for the erection and construc- tion and maintenance of a highway or piers or columns supporting the same, that up- on written notice from City of Dubuque, Iowa, notifying From - melt Building Corporation of the location of said proposed highway or piers or columns supporting the same that the said Frommelt Building Cor- poration shall remove any or all improvements made on the property proposed to be con- veyed at no cost to the City, that the said Frommelt Build- ing Corporation shall not be entitled to nor shall it claim damages for such removal as a public taking but that same is a specific condition of grant presently contemplated and agreed upon by the City of Dubuque, Iowa, and Frommelt 138 Special Session, March 20, 1967 — Building Corporation, and that portion or all of the premises herein proposed to be conveyed to Frommelt Building Corpor- ation shall be reconveyed to the City of Dubuque, Iowa. up- on written notice and demand therefor for such stated pur. bpose n Ci uque,Iowa, shallreimb use Frommelt Building Corporation at the some price Frommelt Building Corporation shall pay for said real estate or any pro rata portion thereof. Frommelt Building Corporation materially represents, acknowledges and agrees that in the event of the location of said highway or the piers or columns supporting the same in any way interfere or adversely affect the right of access or the easement right. to light, air and view as per- tain to the property herein proposed to be sold, that From - melt Building Corporation agrees to waive any and all claims for damages or injuries to property therefor. Frommelt Building Corporation further materially represents and agrees that the proposal to convey to Frommelt Building Corporation under the forego- ing terms and conditions is at the instance and request of said Frommelt Building Corpor- ation. This provision shall be construed as a covenant run ning with the land and shall be binding upon the successors and assigns of Frommelt Build- ing Corporation. S*clion 2. That the disposal of interest in real estate hereinafter described by City of Dubuque, Iowa, to Frommelt Building Cor- poration for erection of a manu- facturing facility thereon cover- ing the following described real estate, to wit: Lot 2 of Block 15 and Lot 4 of Block 14, all in Riverfront Subdivision No. 3 in the City of Dubuque, Iowa, for the sum of $3,500.00 per acre or a total of $9,765.00 for said 2.79 acres be and the same is hereby ap- proved subject to the following terms and conditions: a) Frommelt Building Corpora- tion shall erect and construct a building not less than 10,500 square feet within twelve months from date of deed con- veying the property herein- above described by City of Du- buque, Iowa, to Frommelt Building Corporation. b) That the construction of the building and use of said prem- ises by Frommelt Building Cor- poration shall be in accordance with City of Dubuque Ordi- nance No. 3.34 known as the Zoning Ordinance and Zoning Map of the City of Dubuque, Iowa, as amended by Ordinance No. 39.59'establishing and de- fining "restricted industrial dis- trict"; c) That in the event Frommelt Building Corporation fails to commence construction of a manufacturing facility within one year of the date of delivery of deed, then in such event title to said real estate shah revert to City of Dubuque, Iowa, and the purchase price less damages accruing to the City of Dubuque, Iowa, shall be re- funded to the Frommelt Build. ing Corporation; d) That the City of Dubuque, Iowa, reserves and retains and excepts unto itself a perpetual easement in and to the 20 feet at the northwesterly end of said Lot 2 of Block 15 for the location, installation, mainten. ance and repair of a storm sewer together with the right of ingress thereto and egress therefrom for the purpose of repair, maintenance and in- spection of same and that the premises conveyed shall be subject to a perpetual easement for the 48 -inch storm sewer presently located 32 feet south- westerly from and parallel to the northeast property line of said Lot 2 of Block 15 together with the right of ingress and egress therefrom for the pur- pose of construction, repair, and maintenance of said storm sewer. Section 3. That the City Clerk be and he is hereby directed to cause notice of intention to dis. pose of interest in real estate by the City of Dubuque, Iowa, to be published as is by law required. AP Special Session, March 20, 1967 139 Passed, adopted and approved this 20th day of March, 1967. Richard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz Walter A. Pregler Councilmen Attest: Leo F. Frommelt City Clerk Mayor Ludwig moved adoption of the resolution. Seconded by Councilman McCauley. Carried by the following vote: Yeas—Mayor Ludwig, Council- men McCauley, Pregler, Schultz. Nays—None. Absent—Councilman Pfohl. March 15, 1967 Gilbert Chavenelle, City Manager Dear Mr. Chavenelle: Enclosed is a resolution estab- lishing a connection charge for the Sanitary Sewer in Key Way in Key Knolls Subdivision. I have checked over the certifi- cation of costs submitted by Cul- len-Schiltz & Associates, Inc. and agree with the costs. This sewer was constructed by Westchester, Inc. through part of Key Knolls Subdivision along Key Way, therefore the Key Knolls lots that abut this sewer must pay a connection charge to Westchester, Inc. for permission to connect to the sewer. Sincerely, John L. White City Engineer Mayor Ludwig moved that the recommendation of the City En- gineer be approved. Seconded by Councilman Schultz. Carried by the following vote: Yeas—Mayor Ludwig, Council- men McCauley, Pregler, Schultz. Nays—None. Absent—Councilman Pfohl. May 28, 1966 Mr. John L. White City Engineer In reply to your letter of May 24, 1966 we hereby rectify the costs of constructing a sanitary sewer through Key Knolls Subdi- vision to serve Westchester, Inc. and for which Westchester was granted permission to construct and collect a connection charge. The certified cost includes the AP cost of the sewer from Manhole No. 12 in the Catfish Creek Trunk sewer to the Hillcrest Road and Key Way Drive intersection. Crop damage ......................$ 112,50 Cost of easements .......... 888.00 759 lin. ft. 8" sewer @ $3.20 .......................... 2,428.80 3 manhole bases @ $35.00 .......................... 105.00 3 manhole rings/covers @ $50.00 ...I .................... 150.00 30 lin. ft. manhole side- wall @ $18.00 .............. 540.00 5 Y branches @ $7.00 ...... 35.00 5 cu. yd. concrete en- casement @ 25.00 .......... 125.00 227.76 cu. yd. rock ex- cavation Cu, $15.00 ...... 3,416.40 City inspection costs ........ 109.63 Engineering cost .............. 425.00 $8,330.33 It is hereby certified that the above costs are those paid to the contractor and others according to final quantities measured by the city inspectors on the project, al- so the cost of easement, damages, inspection and engineering paid by Westchester, Inc. This cost would be pro -rated over the usable frontage along Key Way Drive in Key Knolls Subdivision. Very truly yours, Cullen-Schiltz & Associates, Inc. L. J. Schiltz, P.E. RESOLUTION N0. 62.67 Resolution establishing a con- nection charge for the eight inch Sanitary Sewer constructed in Key Way from M. H. No. 12 In the Catfish Creek Trunk Line Sanitary Sewer Extension to the center line of Hillcrest Road. WHEREAS, the City Engineer has inspected the same and the City Manager has accepted said sewer, and WHEREAS, the permittee under said ordinance has filed with the City Council a certified statement showing all the amounts paid in connection with the construction of said sewer, including engineer ing and inspection fees amounting to $8,330.33. NOW, THEREFORE, be it re solved by the City Council of the City of Dubuque, Iowa: Section 1. That hereafter an> person or persons desiring to ca►' 140 S1x cial Session, March ` 0. 1967 nect with said sewer shall first apply to the City Manager for per- mission to do so and such permis- sion shall be granted upon condi- tion that the applicant shall pay to the City Treasurer for the ac- count of Westchester, Inc., a con- nection charge of $5.73 per front foot of land to be served by said connection. However, nothing in this resolution shall be construed to exact any charge for any ex- tension of said sewer by the City of Dubuque or it's permittees. Section 2. That the City Clerk be and he is hereby authorized and directed to record a certified copy of this resolution in the cS- fice of the County Recorder of Dubuque County, Iowa. Passed, adopted and approved this 20th days of March, 1967. Richard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz Walter A. Pregler Cour,cilmen Attest: Leo F. Frommelt City Clerk Mayor Ludwig moved adaption of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas—Mayor Ludwig, Council- men McCauley, Pregler, Schultz. Nays—None. Absent—Councilman Pfohl. RESOLUTION NO. 63.67 BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the following having complied with the provisions of law relating to the sale of Cigar- ettes within the City of Dubuque, Iowa, be granted a permit to sell Cigarettes and Cigarette Papers within said City. D. B. Q., Inc. d/b/a Shakey'., Pizza Parlor, 4th and Locust Street (Effective April 1, 1967.) BE IT FURTHER RESOLVEL that the bonds filed with the ap plication be approved. Passed, adopted and approvec this 20th day of March, 1967. Richard Ludwig Mayor M. Sylvester McCaule, Merlin F. Schultz Walter A. Pregler Councilmen Attest: Leo F. Frommelt City Clerk Mayor Ludwig moved adoption if the resolution. Seconded by ,ouncilman Pregler. Carried by he following vote: Yeas—Mayor Ludwig, Council- men McCauley, Pregler, Schultz. Nays—None. Absent --Councilman Pfohl. RESOLUTION NO. 6467 WHEREAS, applications for Beer Permits have been submitted to this Council for approval and the same have been examined: Now therefore, BE IT RESOLVED by the City Council of the City of Dubuque. Iowa, that the following applica- tions be granted and licenses be issued upon the compliance with the terms of the ordinances of the city. Class "B" Beer Permit lone Irene Miller, 1322 Central Avenue. D.B.Q. Inc. d/b/a Shakey's Piz- za Parlor, 4th and Locust Street. Mrs. Alice Erschen, 2617 Uni- versity Avenue. Passed, adopted and approved this 20th day of March, 1967. Richard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz Walter A. Pregler 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 Ludwig, Council- men McCauley, Pregler, Schultz. Nays—None. Absent --Councilman Pfohl. RESOLUTION NO. 65-67 WHEREAS, applications for Beer Permits were filed by the within named applicants and they have received the approval of this Coun- cil, and WHEREAS, the premises to be occupied by such applicants were inspected and found to comply with the ordinances of this City and they have filed proper bonds: NOW THEREFORE, be it re- solved by the City Council of the City of Dubuque, Iowa, that the Manager be and he is hereby di- rected to issue to the following named applicants a Beer Permit. AW Special Session. March 20, 1967 111 Class "B" Beer Permit lone Irene Miller. 1322 Central Avenue. D. B. Q Inc. d/b/a Shakey's Piz- za Parlor. 4th and Locust Street. Mrs. Alice Erschen, 2617 Uni- versity Avenue. BE IT FURTHER RESOLVED that the bonds filed by such ap- plicants be and the same are here- by approved. Passed, adopted and approved this 20th day of March, 1967. Richard Ludwig Mayor M. Sylvester McCauley' Merlin F. Schultz Walter A. Pregler Councilmen Attest: Leo F. Frommelt City Clerk Councilman Schultz moved adop- tion of the resolution. Seconded by Mayor Ludwig. Carried by the following vote. Yeas—Mayor Ludwig, Council- men McCauley, Pregler, Schultz._ Nays—None. Absent—Councilman Pfohl. There being no further business, Councilman McCauley moved to ad- journ. Seconded by Councilman Pregler. Carried by the following vote: Yeas --Mayor Ludwig, Council- men McCauley, Pregler, Schultz. Nays—None. Absent—Councilman Pfohl. Leo F. Frommelt City Clerk Approved ..........AugU9t....71967 Au uSt Adopted...................�............... 71967 .. . ....... Attest: ...... ..... :.............................. City Clerk. 1.40 Special Session, March 20, lid nect with said sewer shall first apply to the City Manager for per- mission to do so and such permis- sion shall be granted upon condi- tion that the applicant shall pay to the City Treasurer for the ac- count of Westchester, Inc., a con- nection charge of $5.73 per front foot of land to be served by said connection. However, nothing in this resolution shall be construed to exact any charge for any ex- tension of said sewer by the City of Dubuque or it's permittees. Section 2. That. the City Clerk be and he is hereby authorized and directed to record a certified copy of this resolution in the of- fice of the County Recorder of Dubuque County, lowa. Passed, adopted and approved this 20th days of March, 1967. Richard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz Walter A. Pregler Councilmen Attest: Leo F. Frommelt City Clerk Mayor Ludwig moved adaption of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas—Mayor Ludwig, Council. men McCauley, Pregler, Schultz. Nays—None. Absent—Councilman Pfohl. RESOLUTION NO. 6367 BE IT RESOLVED by the City Council of the City of. Dubuque, Iowa, that the following having complied with the provisions of law relating to the sale of Cigar- ettes within the City of Dubuque, Iowa, be granted a permit to sell Cigarettes and Cigarette Papers within said City. D. B. Q., Inc. d/b/a Shakey's Pizza Parlor, 4th and Locust Street. (Effective April 1, 1967.) BE IT FURTHER RESOLVED that the bonds filed with the ap- plication be approved. Passed, adopted and approved this 20th day of March, 1967. Richard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz Walter A. Pregler Councilmen Attest: Leu F. Frommelt City Clerk Mayor Ludwig moved adoption of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas—Mayor Ludwig, Council- men McCauley, Pregler, Schultz. Nays—None. Absent—Councilman Pfohl. RESOLUTION NO. 64.67 WHEREAS, applications for Beer Permits have been submitted to this Council for approval and the same have been examined: Now therefore, BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the following applica- tions be granted and licenses be issued upon the compliance with the terms of the ordinances of the city. Class "B" Beer Permit lone Irene Miller, 1322 Central Avenue. D.B.Q. Inc. d/b/a Shakey's Piz- za Parlor, 4th and Locust Street. Mrs. Alice Erschen, 2617 Uni- versity Avenue. Passed, adopted and approved this 20th day of Murch, 1967. Richard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz Walter A. Pregler 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 Ludwig, Council- men McCauley, Pregler, Schultz. Nays—None. Absent—Councilman Pfohl. RESOLUTION NO. 65.67 WHEREAS, applications for Beer Permits were filed by the within named applicants and they have received the approval of this Coun- cil, and WHEREAS, the premises to be occupied by such applicants were inspected and found to comply with the ordinances of this City and they have filed proper bonds: NOW THEREFORE, be it re- solved by the City Council of the City of Dubuque, Iowa, that the Manager be and he is hereby di- rected to issue to the following named applicants a Beer Permit. A. Special Session. March 20, 1967 141 Class "B" Beer Permit Ione Irene Miller, 1322 Central Avenue. D. B. Q Inc. d/b/a Shakey's Piz- za Parlor, 4th and Locust Street. Mrs. Alice Erschen, 2617 Uni- versity Avenue. BE IT FURTHER RESOLVED that the bonds filed by such ap- plicants be and the same are here- by approved. Passed, adopted and approved this 20th day of March, 1967. Richard Ludwig Mayor Al. Sylvester McCauley` Merlin F. Schultz Walter A. Pregler Councilmen Attest: Leo F. Frommelt City Clerk Councilman Schultz moved adop- tion of the resolution. Seconded by Mayor Ludwig. Carried by the following vote. Yeas—Mayor Ludwig, Council- men McCauley, Pregler, Schultz.— `r Absent—Councilman Pfohl. There being no further business, Councilman McCauley moved to ad- journ. Seconded by Councilman Pregler. Carried by the following vote: Yeas—Mayor Ludwig, Council. men McCauley, Pregler, Schultz. Nays—None. Absent—Councilman Pfohl. Leo F. Frommelt City Clerk Approved ..........Au9Us t....71967 uSt 71887 Adopted ............ Au .......�......... :'.......................... ........ . rn ,-A. V-J,4,� Councilme Attest: :................................ City Clerk. 1.1 Special Session, 'March 22, 1967 CITY COUNCIL OFFICIAL Special Session, March 22, 1967. Council met at 12:00 o'clock noon. (C.S.T.) Present—Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz, City Manager Gilbert D. Chavenelle. Mayor Ludwig read the call and stated that service thereof had been duly made and this meeting is called for the purpose of adopt- ing a RESOLUTION PROVIDING FOR THE SALE AND AWARD OF $1,000,000 FLOOD PROTECTION BONDS AND APPROVING AND AUTHORIZING THE AGREE- MENT OF SUCH SALE AND AWARD, and acting upon such other business as may properly come before a regular meeting of the City Council. Proof of publication, of notice of public hearing and notice of sale of bonds City of Dubuque, Iowa, $1,000,000 Flood Protection bonds, presented and read. No written objections were filed and no oral objectors were present in the Council Chamber at the time set for the public hearing. Mayor Ludwig moved that the proof of publication be received and filed. Seconded by Councilman Pregler. Carried by the follow. ing vote: Yeas—Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None. Councilman Pregler moved that the time for receipt of sealed bids be closed. Seconded by Mayor Ludwig. Carried by the follow- ing vote: Yea.s—Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None. Mayor Ludwig moved for re- ceipt of oral bids. Seconded by Councilman Pfohl. Carried by the following vote: Yeas—Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None. After the non -receipt of oral bids Rfayor Ludwig moved that oral bidding be closed. Seconded by Councilman Pregler. Carried by the following vote: Yeas—Mayor Ludwig, Council- men McCauley, Pfohl, Prefer, Schultz. Nays—None. The following sealed bids were opened and read. Investment Ratings: Date of Sale: March 22, 1967 Standard & Poor's Corporation—AAA Moody's Investors Service, Inc.—Aaa $1,000,000 CITY OF DUBUQUE, IOWA General Obligation Flood Protection Bonds Not Interest Bidders Price Coupon Rates Rata First Wisconsin National Bank of Milwaukee 100.0010 1970.71 4.10^, 3.20255"; J. Barth & Co.—San Francisco Awarded 1972.77 3.10',, Barr Brothers & Co.—New York 1978.82 3.201; Morgan Guaranty Trust Co. of New York 100.0000 1970.75 3.251.4, 3.213761:,;, 1976 3.10'; 1977-80 3.201;, 1981.82 3.25^,b Merrill Lynch, Pierce, Fenner & Smith, Incorporated—New York—Manager First of Michigan Corporation—Detroit Rodman & Henshaw --Chicago Halsey. Stuart & Co. Inc.—Chicago—Mgr. Bacon, Whipple & Co. --Chicago Allan Blair & Company --Chicago Weeden & Cu.—San Francisco and W. H. Murton Co., Inc.—N. Y., Jointly 100.0225 197o-72 3.901;; 3.213919 1973.77 3.10';, 1978-82 3.20',; 100.0285 1970.71 4.251,;, 3.21576",9, 1972.76 3.10':,, 1977-82 3.20';;. 100.3325 1970.82 3.25':, 3.21897%, at Special Session, March 22, 1987 143 Harris Trust & Savings Bank—Chgo.—Mgr. The White -Phillips Company, Inc.—Dvnpt. John Nuveen & Co., Inca --Chicago Continental Illinois National Bank and Trust Company of Chicago First National Bank of Chicago—Manager William Blair & Company—Chicago The Milwaukee Company—Milwaukee The Northern Trust Company--Chgo.—Mgr Clark, Dodge & Co., Inc.—New York Quail & Co.—Davenport Smith, Barney & Co., Inc.—New York—Mgr Goldman, Sachs & Co.—New York The Illinois Company—Chicago Mercantile Trust Company—St. Louis and Carleton D. Beh Co.—Des Moines, jointly 100.0180 1970 03% 3.23929% 3.30 197180 3.20% 3.20% 1981.2 3.25010 100.0000 1670 4.75% 3.2407 3.90% 197160 3.20% 3.2536 1961412 3.25:,. 100.0350 1970671 4 00'; 3.24199';, 3.2516 1972-00 3.20') 3.30% 196182 3.25'', 1110.0152 1970-82 3.25% 3.248577% 100.0101 1970 3.20% 3.26826"� 1971-77 3.30 1978.79 3.20% 1980 3.25% 1981-82 3.300,/0 100.00(10 1970-71 3.90% 3.289424% 1972-80 3.2536 1981-82 3.30% 100.076 1970.71 4.25% 3.2957% 1972-80 3.2516 1981-82 3.30% First National Bank In St. Louts—Manager 100.0020 1970.73 3.50% 3,3267% First National Bank of Memphis—Memphis 1974-75 3.40% Relnholdt & Gardner—St. Louis 1976-62 3.30% American Fletcher Sational Bank & Trust Company—Indianapolis Van Horne Investments, Inc.—Omaha LaSalle National Bank—Chicago—Manager Blunt Ellis & Simmons—Chicago Loewl & Co., Inc.—Milwaukee Piper, Jaffray & Hopwood—Minneapolls Dubuque Bank & Trust Co.—Dubuque RESOLUTION NO. 66.67 A resolution providing for the sale and award of $1,000,000 Flood Protection Bonds and ap- proving and authorizing the agreement of such sale and award. WHEREAS notice of sale of $1,000,000 Flood Protection Bonds of the City of Dubuque, in Du- buque County, Iowa, has hereto- fore been given in strict compli- ance with the provisions of Chap- ter 75 of the Code of Iowa by publication of notice for two or more successive weeks in a news- paper published and of general circulation in Dubuque County; and WHEREAS all sealed bids have been received and placed on file, after which open bids were called for and received, the highest of which open bids was as follows. the bid submitted by none, con- sisting of par and accrued inter- est plus a premium of $ None, with the bonds maturing in the years -0- to -0-, inclusive, bearing in- terest at the rate of None per cent (0%) per annum, the bonds 100.0000 1970 3.401"n 3.33% 1971-80 3.30% 1981.82 3.40% maturing in the year -0- to 4, in. elusive, bearing interest at the rate of none per cent (0%) per annum, and the bonds maturing in the years -0- to -0-, inclusive, bearing interest at the rate of none per cent (0%) per annum; and thereafter such sealed bids were opened, the substance of the best sealed bid being as follows: the bid submitted by First Wiscon- sin National Bank of Milwaukee, consisting of par and accrued in- terest plus a premium of $10.00, with the bonds maturing in the years 1970 to 1971, inclusive, bear, ing interest at the rate of four and one-tenth per cent (4.1096) per annum, the bonds maturing in the years 1972 to 1977, inclusive, bear- ing interest at the rate of three and one-tenth per cent (3.10%) per annum, and the bonds matur- ing in the years 1978 to 1982, inclusive, bearing interest at the rate of three and two-tenths per cent (3.20%) per annum; NOW, THEREFORE, be it re- solved by the City Council of the City of Dubuque, Iowa, as follows: Section 1. That upon being ad. vised in the premises it is hereby 144 Special Session, March 22. 1967 determined that the bid of First Wisconsin National Bank of Mil- waukee for the purchase of $1,000,000 Flood Protection Bonds, as advertised, bearing interest at the rates specified in the pre- amble hereof, is the highest and best bid received and that said bonds be and the same are here- by awarded to said First Wiscon- sin National Bank of Milwaukee. Section 2. That the form of agree ment of sale of said bonds to First Wisconsin National Bank of Mil- waukee be and the same is here- by approved, and the Mayor, City Clerk and City Treasurer are here by authorized to execute said agreement for and on behalf of the City of Dubuque, Iowa, and to affix the corporate seal of said City thereto. Section 3. That all resolutions or parts of resolutions in conflict herewith be and the same are hereby repealed. Passed and approved March 22, 1967. Richard Ludwig Mayor Attest: Leo F. Frommelt City Clerk Recorded March 22, 1967. Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Pfohl. Carried by the following vote: Yeas—Mayor Ludwig, Council- men McCauley, Pfohl, Pregler` Schultz. Nays—None. After it was ascertained that the First Wisconsin National Bank of Milwaukee. was the successful bidder Mayor Ludwig moved that. the deposit checks of the unsuc- cessful bidders be returned. Sec- onded by Councilman Pregler. Car- ried by the following vote: Yeas—Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None. Mayor Ludwig moved that this meeting be adjourned to March 29, 1967, at 7:30 o'clock P.M. in the Council Chamber at the City Hall. Seconded by Councilman Pfohl. Carried by the following vote: Yeas—Mayor Ludwig, Council men McCauley, Pfohl, Pregler, Schultz. Nays—None. Leo F. Frommelt City Clerk Approved .... Au U S t , ..1967 ............... ....... 7... Adopted......Au u s.. ... t 7.'....1967 .................... �..Q ..t...... .. COIN men Attest: ..............:. City Clerk Adjourned SpTial Session, March 29, 1967 145 CITY COUNCIL OFFICIAL Adjourned Special Session, March 29, 1967. Council met at 7:30 P.M. (C.S.T.). Present—Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Preg. ler, Schultz. City Manager Gil. bert D. Chavenelle. Mayor Ludwig read the call and stated that service thereof had been duly made and this meet- ing is an ADJOURNED MEE'T'ING OF MARCH 22, 1967, CALLED FOR THE PURPOSE OF ADOPT- ING A RESOLUTION PROVIDING FOR THE ISSUANCE OF $1,000,- 000 FLOOD PROTECTION BONDS OF THE CITY OF DUBUQUE, IOWA, and acting upon such other business as may properly come be- fore a regular meeting of the City Council. Notice of claim of Art Tuegel, Sr., in the amount of $135.50, for car damage incurred as the re- sult of a falling rock from the bluff at the Eagie Point Park on March 26, 1967, presented and read. Mayor Ludwig moved that the notice of claim be referred to the City Solicitor for investigation and report. Seconded by Councilman Pfohl. Carried by the following vote: Yeas—Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None. Notice of claim of Albert G. Henneger, in an undetermined amount, for personal injuries re- ceived in a fall in the street along the gutter line at 881 McCormick Street on March 7, 1967, presented and read. Mayor Ludwig moved that the notice of claim be referred to the City Solicitor for investigation and report. Seconded by Counel man Pfohl. Carried by the follow ing vote: Yeas—Mayor Ludwig, Council men McCauley, Pfohl, Pregler Schultz. Nays—None. Petition of Ralph Cromer et al (88 signatures) requesting restora- tion of the 15 minute parking along Rhomberg Avenue on the east side from the railroad tracks to Marshall Street, presented and read. Councilman Pregler moved that the rules be suspended in order to let anyone present address the Council if they so desire. Sec. onded by Councilman Schultz. Car- ried by the following vote: Yeas—Mayor Ludwig, Council. men McCauley, Pfohl, Pregler, Schultz. Nays—None. Ralph Cremer, Vince Mescher, Barry Gantert, Ilarold Welter, all businessmen along Rhomberg Ave- nue in the area in question, ad- dressed the Council requesting amendment of the Ordinance which took away the 15 minute limit on parking along the east side of Rhomberg Avenue. Mayor Ludwig moved that the petition requesting restoration of parking on the east side of Rhom- berg 'from the R. R. tracks to Marshall Street be referred to the Manager and Traffic Department, in the hope that a recommenda- tion could be presented at the Council meeting of April 17th. Seconded by Councilman Schultz. Carried by the following vote: Yeas—Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None. Petition of Thea Lagen et al requesting the installation of a street light on Kirkwood Street half way up the hill from W. Lo- cust Street, presented and read. Councilman Pfohl moved that the petition be referred to the Manager and Electrical Inspector for investigation and report. Sec- onded by Councilman Pregler. Car- ried by the following vote: Yeas—Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None. Petition of Robert A. Beam re- questing permission to construct a retaining wall along the side. walk on city property at 1801 Lin- coln Avenue, presented and read. 146 Adjourned Special Session, lurch 29. 1967 Councilman Schultz moved ap- proval subject to approval of the Engineering Department. Second. ed by Councilman Pregler. Car- ried by the following vote: Council- yeas—Mayor Ludwig, men McCauley, Pfohl. Pregler, Schultz. Nays—None. Petition of Daniel F. Leibfried et al requesting the installation of two street lights in the 30 block on Eagle Street, presented and read. Councilman Pfohl moved that the petition be referred to the Manager and Electrical Inspector for investigation and report. Sec- onded by Councilman Schultz. Car- ried by the following vote: Yeas—Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None. Petition of C. D. Volkert et al requesting elimination of the water and mud condition of Cerro Drive, presented and read. Mr. Lawrence Safe, Joe Hein, Clifford Volkert, all residents on Cerro Drive, addressed the Coun- cil relative to the water and mud coming up through the street and undermining sidewalks and drive- ways. They realized the City did do some repair work on the street but evidently did not get at the cause of the trouble. Councilman Pregler moved that the petition be referred to the Manager for investigation and re- port. Seconded by Mayor Ludwig. Carried by the following vote; Yeas—Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None. Petition of Robert Roussel ob- jecting to the parking restrictions placed on Pennsylvania Avenue, presented and read. Councilman Pregler moved that the petition be referred to the Manager and Traffic Department for investigation and report. Sec- onded by Councilman Schultz. Car- ried by the following vote,. Yeas—Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None. Petition of Jefferson Jr. High P. T. A. requesting permission to conduct an auction sale at Jeffer- son high School and further re- questing that the auctioneer and clerk fees be waived, presented and read. Councilman Pfohl moved that the petition be granted. Second- ed by Mayor Ludwig. Carried by the following vote: Yeas—Mayor Ludwig, Council- men :&Cauley, Pfohl, Pregler, Schultz. Nays—None. Petition of Louis E. Willcox re- questing a refund of $150 on the unexpired portion of Class B Beer license No. 34, as he has discon- tinued business on March 25, 1967, presented and read. Councilman Pregler moved that the refund be granted and the auditor instructed to issue proper warrant. Seconded by Councilman Schultz. Carried by the following vote: Yeas—Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None. RESOLUTION NO. 67-67 RESOLUTION providing for the issuance of $1,000,000 Flood Protection Bonds of the City of Dubuque, Iowa. 4 M 4 WHEREAS it is conducive to the public convenience and welfare and necessary and for the best interests of the City of Dubuque, Iowa, and its inhabitants that flood protection works be constructed consisting generally of construct- ing levees, embankments and struc- tures and otherwise improving the water course of the Mississippi River in said City; and WHEREAS the United States Government, acting by and through the Secretary of the Army and the Chief of Engineers pro- poses to construct such improve- ments to said Mississippi River within the corporate limits of the City of Dubuque, as more fully described in a report of the Chief of Engineers transmitted to Con- gress by the Secretary of the Army by letter dated June 19, 1962, }louse Document No. 450, 87th Congress, 2nd Session; and WHEREAS pursuant to notice and a hearing a resolution has heretofore been adopted by this Adjourned Special Session, March 29, 1967 147 Council finding said Mississippi River Improvement Project to be necessary and advisable and con- ducive to the public convenience and welfare of said City and its in- habitants and ordering that said improvements to the Mississippi River be constructed; and Whereas for the purpose of pay- ing the cost of acquiring property and rights of way required to car- ry out said Mississippi River Im- provement Project it is necessary that provisions be made at this time for the issuance of bonds of said City in the principal amount of $1,000,000 payable from taxes levied upon all the taxable proper- ty in said City as authorized and permitted by Section 395.25 of the Code of Iowa, 1966; and WHEREAS notice of a meeting for the initiation of proceedings for the issuance of said bonds has heretofore been given in the man- ner and form required by Chapters 23 and 408A of the Code of Iowa and no petition or protest against the issuance of said bonds has been filed responsive to Section 23-13 of the Code of Iowa 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 by the City Council of the City of Dubuque, Iowa, as follows: Section 1. That pursuant to and as authorized by Section 395.25 of the Code of Iowa, 1966, and for the purpose of acquiring the property and rights of way necessary to carry out the Mississippi River Improvement Project, as referred to in the preamble hereof, there shall be and there is hereby ord- ered issued the negotiable Flood Protection Bonds of said City of Dubuque in the principal amount of $1,000,000, said bonds to be two hundred in number, numbered con- secutively from 1 to 200, both num- bers included, of the denomination of $5000 each, to be dated April 1, 1967, and to mature in numeri- cal order $50,000 on December 1 of each of the years 1970 to 1975, inclusive, and $100,000 on Decem- ber 1 of each of the years 1976 to 1982, inclusive. Bonds of said issue numbered 1 to 20, inclusive, shall bear inter- est at the rate of Four and ten - hundredths per cent (4.10%) per annum, bonds numbered 21 to 100, inclusive, shall bear interest at the rate of Three and ten -hundredths per cent (3.10%) per annum, and bonds numbered 101 to 200, in- clusive, shall bear interest at the rate of Three and twenty -hundred- ths per cent (3.20%) per annum, all of such interest being payable December 1, 1967, and semiannual- ly thereafter on the first days of Tune and December of each year. Said bonds shall be signed by the Mayor and attested by the City Clerk, and the seal of said City affixed, and be registered as to is- suance by the City Treasurer and a certificate of such registration endorsed thereon. Interest on said bonds shall be evidenced by cou- pons thereto attached and matur- ing on the several days when such interest matures, which coupons shall be executed with the facsim- ile signatures of said Mayor and City Clerk, and said officials, by the execution of said bonds, shall adopt as and for their proper sig- natures their respective facsimile signatures appearing on said cou- pons. Both principal and interest of said bonds shall be payable in lawful money of the United States of America, at the office of the City Treasurer in and of the City of Dubuque, Iowa. Section 2. That each of said bonds be subject to registration as to principal only in the name of the holder on the books of the City Treasurer, such registration being noted upon each bond so registered, and after such registra- tion payment of the principal thereof shall be made only to the registered holder. Any bonds so registered, upon the request in writing of such holder, person- ally or by attorney-in-fact, may be transferred either to a designated transferee or to bearer, and the principal of any bonds so trans- ferred and registered to bearer shall thereupon be and become payable to bearer in like manner as if such bond had never been registered. Registration of any bonds as to principal shall not re- strain the negotiability of the cou- pons thereto attached by delivery merely. Section 3. That said bonds, cou- pons and provisions for registra- I:i,S Adiounied Spcchd Session, March 29, 1967 tion be in substantially the fol- lowing form: (Form of Bond) UNITED STATES OF AMERICA STATE OF IOWA COUNTY OF DUBUQUE CITY OF DUBUQUE FLOOD PROTECTION BOND No . .................... $5000 KNOW ALL MEN BY THESE PRESENTS: That the City of Du- buque, in the County of Dubuque and State of Iowa, for value re- ceived, promises to pay to bearer, or if this bond be registered as to principal, to the registered hold- er hereof, the sum of Five Thou- sand Dollars ($5000) on the first day of December, 19 ... ., with in- terest on said sum from the date hereof until paid at the rate of per cent (......%) per annum, payable December 1, 1967, and semiannually thereafter on the first days of June and De- cember in each year, interest to maturity being payable on pre- sentation and surrender of the in- terest coupons hereto attached as they severally mature. Both prin- cipal and interest of this bond are payable in lawful money of the United States of America at the office of the City Treasurer in and of the City of Dubuque, Iowa. This bond is one of an author- ized series of bonds issued by the City of Dubuque pursuant to and in strict compliance with the pro- visions of Section 395.25 and Chap- ter 76 of the Code of Iowa, 1966, and all laws amendatory thereof and supplementary thereto, and in conformity with a resolution of the City Council of said City duly passed, approved and recorded for the purpose of improving the water course of the Mississippi River in said City. And it is hereby certified and recited that all acts, conditions and things required by the laws and Constitution of the State of Iowa to exist, to be had, to be done, or to be performed prece. dent to and in the issue of this bond, were and have been proper- ly existent, had, done and per- formed in regular and due form and time.; that provision has been made for the levy of a sufficient continuing annual tax on all the taxable property within said City for the payment of the principal and interest of this bond as the same will respectively become due; that the faith, credit, revenues and resources and all the real and personal property of said City are irrevocably p l e d g e d for the prompt payment hereof, both prin- cipal and interest; and that the total indebtedness of said City, in- cluding this bond, does not exceed any constitutional or statutory limitations. This bond is subject to regis- tration as to principal in the name of the holder on the books of the City Treasurer of said City, such registration to be evidenced by notation of said Treasurer on the back hereof, and after such registration no transfer hereof, ex- cept upon such books and similarly noted hereon, shall be valid un- less the last registration shall have been to bearer. Registration here- of shall not affect the negotiabil- ity of the coupons hereto attached, which shall continue negotiable by delivery merely. IN TESTIMONY WHEREOF, said City, by its City Council, has caused this bond to be signed by its Mayor and attested by its City Clerk, with the seal of said City affixed, and the coupons hereto attached to be executed with the facsimile signatures of said Mayor and City Clerk, which officials by the execution of this bond do adopt as and for their proper signatures their respective facsimile signa- tures appearing on said coupons, all the first day of April, 1967. ... ...............I................ Mayor of the City of Dubuque, Iowa Attest: City Clerk of the City of Dubuque, Iowa (Form of Coupon) No. .................... $ .................... On ..................... 19......, the Treas- urer of the City of Dubuque, in Du- buque County, Iowa, will pay to bearer .................................... Dollars ($....................) at the office of the City Treasurer, Dubuque, Iowa, for interest due that date on its Flood Protection Bond, dated Ap"il 1, 1967, No . ..................... .......................................................... Mayor Attest: .............................................. City Clerk Adjourned Special Session, March 29, 1967 149 (Form for Registration of Owner- ship) Date of Name of Registration Registered Owner ................................ ............................... _ ................................ Signature of City Treasurer .................................................... .................................................... .................................................... On the back of each bond there shall be endorsed a certificate of the City Treasurer in the following form: City Treasurer's Certificate The issue of this bond has been duly and properly regis- tered in my office as of the first day of April, 1967. .......................................................... Treasurer of the City of Dubuque, Iowa. Section 4. That said bonds be executed as herein provided as soon after the adoption of this resolution as may be and there- upon they shall be delivered to the Treasurer of said City, who shall register the fact of the issuance of same in a book provided for that purpose and shall deliver said bonds to the purchasers as deter- mined by this Council, upon re- ceipt of the purchase price, the same to be not less than the par value of said bonds with accrued interest thereon. All action hereto- fore taken in connection with the sale and award of said bonds is hereby ratified and confirmed in all respects. Section S. That, as required by Chapter 76 of the Code of Iowa and for the purpose of providing for the levy and collection of a direct annual tax sufficient to pay the interest on said bonds as it falls due, and also to pay and dis- charge the principal thereof at maturity, there be and there is hereby ordered levied upon all the taxable property in said City a di- rect annual tax for each of the years while said bonds or any of them are outstanding in amounts sufficient for that purpose, and that there be and there is hereby levied on all the taxable property in said City the following direct annual tax, to -wit: In the year 1967 a tax suffic- ient uffixient to produce the sum of $54,168 for interest; In the year 1968 a tax sufficient to produce the sum of $32,500 for interest; In the year 1969 a tax sufficient to produce the sum of $82,500 for principal and interest; In the year 1970 a tax sufficient to produce the sum of $80,450 for principal and interest; In the year 1971 a tax sufficient to produce the sum of $78,400 for principal and interest; In the year 1972 a tax sufficient to produce the sum of $76,850 for principal and interest; In the year 1973 a tax sufficient to produce the sum of $75,300 for principal and interest; In the year 1974 a tax sufficient to produce the sum of $73,750 for principal and interest; In the year 1975 a tax sufficient to produce the sum of $122,200 for principal and interest; In the year 1976 a tax sufficient to produce the sum of $119,100 for principal and interest; In the year 1977 a tax sufficient to produce the sum of $116,000 for principal and interest; In the year 1978 a tax sufficient to produce the sum of $112,000 for principal and interest; In the year 1979 a tax sufficient to produce the sum of $109,600 for principal and interest; In the year 1980 a tax sufficient to produce the sum of $106,400 for principal and interest; In the year 1981 a tax sufficient to produce the sum of $106,400 for principal and interest: That the principal or interest coming due at any time when there are insufficient funds on hand to pay the same be prompt- ly paid when due from current funds on hand, and reimbursement be made to such current funds in the sums thus advanced when the taxes herein provided shall have been collected. section 6. That a certified copy of this resolution be filed with the County Auditor of Dubuque County and that said Auditor be and he is hereby instructed in and for each of the years 1967 to 1981, inclusive, to enter for col- lection and assess the tax hereby authorized. When annually enter. 150 Adjourned Special Session. March 29, 1967 ing said taxes for collection, the County Auditor shall include the same as a part of the tax levy for debt service fund purposes of said City, and when collected, the pro- ceeds of said taxes shall be con. verted into the debt service fund of said City and set aside therein as a special account to be used solely and only for the payment of the principal of and interest on the bonds hereby authorized and for no other purpose whatsoever. Section 7. That all resolutions or parts thereof in conflict herewith be and the same are hereby re- pealed, and that this resolution be- come effective immediately upon its passage and approval. Passed and approved March 29, 1967. Richard Ludwig Mayor Attest: Leo F. Frommelt City Clerk Recorded March 29th, 1967. Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman McCauley. Carried by the following vote: Yeas—Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None. Dedication and Grant of Ease- ment, submitted by David L. Ham. mer, attorney, executed by Wil- liam and Ethel Jenni, Bird Chev. rolet Co., Chrysler Motors Corpor- ation covering a sanitary sewer across Lot 1 of Correction Plat of M. L. 248 across Bird Chevrolet Center Grove Place and Lot 1 of 1 of 1 of the Correction Plat of Lot 1 of M. L. 246, presented and read. Councilman Pfohl moved that the dedication and grant of ease. ment be received and approved. Seconded by Councilman Schultz. Carried by the following vote: Yeas—Mayor Ludwig, Council. men McCauley, Pfohl, Pregler, Schultz. Nays—None. RESOLUTION NO. 68-67 Resolution accepting the eight (8) inch sanitary sewer constructed from Lot 1 of the Correction Plat of Mineral Lot 248 across 'Bird Chverolet Center Grove Place" and Lot 1 of Lot 1 of Lot 1 of the Cor. rection Plat of Lot 1 of Mineral Lot 246, all in the City of Du. buque, Iowa. WHEREAS, Bird Chevrolet Com- pany and Chrysler Motors Corpor- ation have constructed a sanitary sewer which meets the require. ments of the City of Dubuque pub- lic sanitary sewers, the location of said sanitary sewer appearing on a plat filed in Book of Plats #F31, page 182, Records of Dubuque Dubuque County, Iowa; and WHEREAS, William Jenni and his wife, Ethel Jenni, Bird Chev- rolet Company and Chrysler Motors Corporation, the owners of the real estate through which said sanitary sewer passes, have dedi- cated said sanitary sewer to the public; and WHEREAS, the City Engineer has inspected said sanitary sewer and the City Manager has recom- mended the acceptance of said sewer as a public sanitary sewer; and WHEREAS, the permittees un- der said ordinance have filed with the City Council a certified state- ment showing all the amounts paid in connection with the construc- tion of said sanitary sewer, in- cluding land acquisition, construc- tion costs, engineering and inspec- tion fees, amounting in total to $7,243.46; NOW, THEREFORE be it re- solved by the City Council of the City of Dubuque, Iowa; Section 1. That said sanitary sewer is hereby accepted by the City of Dubuque and that the same be hereafter a public sewer un- der the exclusive charge and con- trol of the City of Dubuque. Section 2. That hereafter any person or persons desiring to con- nect with said sewer, shall first apply to the City Manager for permission to do so and such per- mission shall be granted upon con- dition that the applicant shall pay to the City Treasurer for the ac- count of Bird Chevrolet Company, Chrysler Motors Corporation, and William and Ethel Jenni, a con- nection charge of $8.78 per front foot of land to be served by said connection, and said connection Adjourned Special Session, March 29, 1967 151 charge shall be apportioned and disbursed as follows: To William and Ethel Jenni 20%. To Bird Chevrolet Company 40%. To Chrysler Motors Corporation 40%. However, nothing in this Reso- lution shall be construed to exact any charge for any extension of said sewer by the City of Dubuque or its permittees; and furthermore, no connection charge will be made to Sieg -Dubuque Co. for making a connection to said sewer. 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 bf, the County Recorder of Dubuque - County, Iowa. Passed, adopted and approved this 29th day of March, 1967. Richard Ludwig M. Sylvester McCauley Merlin F. Schultz. Eldon A. Pfohl. Walter A. Pregler Councilmen - Attest: Leo F. Frommelt City Clerk Mayor Ludwig moved adoption of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas—Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None. There being no further business Councilman McCauley moved to ad. journ. Seconded by Councilman Schultz. Carried by the following vote: Yeas ---Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None. Approved .,1iKU.S t...7.0......1967 Adopted ... Augus t....L,.....1967 ...../ .......�.r.................... v ..:..... i. ..c ... ....r ............................... Co n men Attest: ............................................... City erk. Regular Session, April 3, 1967, 153 Board of Health OFFICIAL Regular Session, April 3, 1967. Board met at 7:15 P.M. (C.S.T.). Present—Chairman Richard Lud. wig, Messrs. M. Sylvester McCau- ley, Eldon A. Pfohl, Walter A. Pregler, Merlin F. Schultz, Dr. Kenneth K. Hazlet, Communication of State Depart- ment of Health approving applica- tion of Donald & Lois Knapp, and issuing license for operation of a mobile home park for 1967 at 50 E. 32nd Street, presented and read. Mr. Eldon A. Pfohl moved that the communication be received and filed. Seconded by Mr. Waller A. Pregler. Carried by the following vote: Yeas—Chairman Richard Lud- wig, Messrs. M. Sylvester McCau- ley, Eldon A. Pfohl, Walter A. Pregler, Merlin F. Schultz. Nays—None. Communication of State Depart- ment of Health approving applica- tion of Raymond Papin and issuing license for operation of a mobile home park for 1967 at 2641 Uni- versity Ave., presented and read. Chairman Richard Ludwig moved that the communication be receiv. ed and filed. Seconded by Mr. Walter A. Pregler. Carried by the following vote: Yeas --Chairman .Richard Lud. wig, Messrs. M. Sylvester McCau- ley, Eldon A. Pfohl, Walter A. Pregler, Merlin F. Schultz. Nays—None. March 27, 1961 To the. Honorable Mayor and City Council Gentlemen: I am enclosing a letter receivef. from Dr. Reeve, Chief of I'reven tive Medical Service, Iowa Stat( Department of Health, commend ing the City Health Departmen' for their work during the recon' immunization program agains measles. Indeed I do believe commenda tions are in order for both thi 9 J01 ity Staff. the Dubuque County dedical Society and citizens of )ur community whose work pro- duced the highly successful and )eneficial program. Respectfully, Gilbert D. Chavenelle City Manager Air. Walter A. Pregler moved that the communication be receiv- ed and filed and that a letter of thanks be sent to the Dubuque County Medical Society. Seconded by Mr. Eldon A. Pfohl. Carried by the following vote: Yeas—Chairman Richard Lud- wig, Messrs. M. Sylvester McCau- ley, Eldon A. Pfohl, Walter A. Pregler, Merlin F. Schultz. Nays—None. March 20, 1967 Mr. Gilbert Chavenelle City Manager Dubuque, Iowa 52001 Dear Mr. Chavenelle: On March 18, 1967, in Dubuque more than six thousand children were immunized against measles. This represents? very high per- centage of the suseeptibles to the disease. As a result of this immuni- zation program, measles should be virtually eliminated from your city. The highest praise must be given to the Dubuque City Health De- partment for the part they played in making this program a tremen- dous success. Personnel of the City Health Department, under the able leadership of Doctor Kenneth Hazlet, played a very significant role in the planning and execu- tion of the clinic. I want to thank the City of Du- buque for its help in cooperating with the Dubuque County Medical Society in making this program possible. Sincerely, Arnold M. Reeve, M.D., M.P.H. Chief Dr. Kenneth K. Hazlet stated that only those persons working for the City that are involved in actual flood work would be im- munized against typhoid. There being no further busi- ness Mr. M. Sylvester McCauley moved that the meeting adjourn. 154 Regular Session, April 3, 1%7 Seconded by Mr. Eldon A. Pfohl. Carried by the following vote: Yeas—Chairman Richard Lud. wig, Messrs. M. Sylvester McCau- ley, Eldon A. Pfohl, Walter A. Pregler, Merlin F. Schultz. Nays—None. Leo F. Frommeit, Clerk Board of Health Approved ..... ... 1967 Adopted ....... August .... 7..P ... 1967 ...... .. ..... .. I.. ..................... ............ .. . .... . ... . ... . ..... d I...... .. . . ........ .. Members Bo embers Boar of ealth. Attest.... ......... r.11A ................................. :'tler Board of Health. Regular Session, April 3, 1967 155 CITY COUNCIL OFFICIAL Regular Session, April 3, 1967. Council met at 7:30 P.M. (C.S.T.) Present — Mayor Ludwig, Councilmen McCauley, Pfohl, Pregler, Schultz. City Manager Gilbert D. Chavenelle. Mayor Ludwig read the call and stated that service had been duly made and this meeting is the REG- ULAR MONTHLY MEETING of the City Council called for the pur- pose of acting upon such business as may properly come before the meeting. April 3, 1967 To the Honorable Mayor and City Council, Gentlemen: This is to advise that I have ap- proved the following bonds and de- sire to have your approval on same. SIDEWALK Joseph A. Becker d/b/a, Albert Becker & Sons, General Insur- ance Company of America Merlin P. Kluck d/b/a, M. P. Kluck and Son, United States Fidelity and Guaranty Co. Donald Walser and John T. Link d/b/a, Walser and Link, United States Fidelity and Guaranty Co. John P. Welter Sons, Western Surety Company. Respectfully, Gilbert D. Chavenelle, City Manager Councilman Pfohl moved that filing of the bonds be approved subject to approval of the City At- torney. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None. March 30, 1967 To the Honorable Mayor and City Council Gentlemen: I herewith submit the monthly report of the City Auditor's office, as well as a list of claims and pay- rolls for which warrants were is - sued for the month of February 1967. Respectfully, Gilbert D. Chavenelle City Manager Councilman Pregler moved that the report be received and filed. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None. October 4, 1966 To the Honorable Mayor and City Council Gentlemen: The petition of Finley Hospital, submitted to the City Council, and referred to the Plumbing Board September 20, 1966, requesting re- instatement of Earl Hoffman as a restricted licensed plumber, was taken into consideration by the Plumbing Board at their regular meeting September 30, 1966. It is the recommendation of the Plumbing Board that Mr. Hoffman submit to a written examination on the basic fundamentals of the; State and City Plumbing Require- ments. Respectfully submitted, Richard J. Feyen, Clerk Plumbing Board Councilman Pregler moved that the communication be referred back to the Plumbing Board and requested a joint meeting with the City Council. Seconded by Coun- cilman Schultz. Carried by the fol- lowing vote: Yeas — Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. Nays—None. Communication of Plumbing Board recommending that Archie Kuehn be subject to a written ex- amination on basic plumbing, which exam has been set for March 6, 1967, to comply with Dubuque Packing Co. request for a restrict- ed plumber's license, presented and read. Councilman Pfohl moved that the communication be re- ferred back to the Plumbing Board and request a joint meeting with the City Council. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Ludwig, Coun- 156 Regular Session. April 3. 1967 cilmen McCauley, Pfohl, Pregler, Schultz. Nays—None. March 30, 1967 Hon. Mayor and City Council Gentlemen: On August 29, 1966, Mr. and Mrs. Charles Reisen filed claim against the City of Dubuque, Iowa, as the result of their minor daugh- ter, Janet Marie Reisen allegedly suffering injuries from a cut on her foot at Flora Park on a square box with loose tin on it. This matter was referred to the appropriate City Agency and the City Attorney was advised on March 28, 1967, that said claim was disposed of to the satisfaction of the claimants. In view of the foregoing I recom- mend that the claim filed against the City of Dubuque be denied. Original claim is returned here- with. Respectfully submitted, R. N. Russo, City Attorney Councilman Pregler moved that the recommendation of the City Attorney be approved. Seconded by Councilman Pfohl. Carried by the following vote: Yeas—Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None. April 3, 1967 Honorable Mayor and City Council Gentlemen: On March 27, 1967, Arthur Tuegel, Sr. of 2460 Central Avenue, Dubuque, Iowa, filed claim against the City of Dubuque, claiming damages to his vehicle as the re- sult of a loose rock coming off the hillside and landing on his car trunk on March 26, 1967 at the Eagle Point Bridge Toll House. I have made an investigation of this matter and have examined the claim and find therefrom no ac. tionable negligence on the part of the City of Dubuque, and therefore recommend denial of the claim of Arthur Tuegel, Sr. Copy of original claim is attach. ed hereto. Very truly yours, R. N. Russo, City Attorney Councilman Pfohl moved the recommendation of the City At- torney be approved. Seconded by Councilman Schultz. Carried by the following vote: Yeas—Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None. April 3, 1967 Honorable Mayor and City Council Gentlemen: On February 11, 1967, Kenneth G. Cullen of 2120 Foye Street, Du- buque, Iowa, filed notice of claim against the City of Dubuque in the amount of $800.00 claiming injur- ies as the result of a fall on Janu- ary 9, 1967, at the intersection of 10th & Jackson Streets while walk- ing in a public crosswalk, claim- ing an accumulation of ice and snow thereat resulting in his fall and allegedly suffering fractured ribs. I have made an investigation of this claim, which was referred to me, and I have conferred with the claimant and reviewed his medical expenses and loss of wages and Mr. Cullen has made an offer of settlement in the amount of $300.00 and I herewith recommend acceptance of said offer and recom- mend that the City Auditor be in- structed to issue a warrant pay- able to Mr. Kenneth G. Cullen and Joyce Cullen in the amount of $300.00 and transmit same to City Attorney for delivery upon receipt of duly executed releases. Original claim is attached here- to. Respectfully submitted, R. N. Russo, City Attorney Councilman Pregler moved that the recommendation of the City Attorney be approved. Seconded by Councilman Schultz. Carried by the following vote: Yeas—Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None. Notice of claim of Mrs. Margaret McClain of 2770 Jackson St., in the amount of $1500 for personal injury received as the result of a fall on an ice covered walk on Farley Street on February 9, 1967, presented and read. Councilman Pfohl moved that the claim be re- .. Regular Session, April 3, 1967 157 ferred to the City Solicitor for in. vestigation and report. Seconded by Mayor Ludwig. Carried by the following vote: Yeas — Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. Nays—None. Petition of Dubuque Packing Co. requesting that Maple Street from 16th to 18th Street and E. 17th Street from Maple Street to the Railroad tracks be included in the concrete paving project for the year 1967, presented and read. Councilman Schultz moved that the petition be referred to the Manager and Engineering Depart- ment. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. Nays—None. Petition of Thomas E. Fleming et al requesting the installation of a storm sewer to the rear of their properties to carry off the excess water and drainage from their properties on Altura Drive, pre- sented and read. Councilman Pfohl moved that the petition be re- ferred to the Manager and Engi- neering Department for investiga- tion and report. Seconded by Coun- cilman Schultz. Carried by the fol- lowing vote: Yeas — Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. Nays—None. Councilman Pregler moved that the rules be suspended in order to let anyone present address the Council if they so desire. Sec- onded by Councilman Schultz. Car- ried by the following vote: Yeas — Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. Nays—None. Mr. Herman Krakow of 1265 Al- tura Drive addressed the Council by stating that the condition of the area is almost deplorable. It has been going on for sometime. The mud -jacking that the City did last year failed to produce the proper results. Petition of Conrad Plumbing & Heating Co. requesting a refund of $9.00 due to duplication of pay- ment of a plumbing permit, No. AW 32399, for the same job, said re- fund request having been approved by the Plumbing Department pre• sented and read. Councilman Pfohl moved that the petition be granted and the Auditor instructed to is- sue proper warrant. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. Nays—None. Petition of Northwestern Bell Telephone Co. requesting permis- sion to construct underground con- duit from the existing manhole ap- proximately 475' south of Dodge Street on S. Locust Street to South- ern Avenue, presented and read. Councilman Pfohl moved approval of the petition after assurance was given of approval by the Engineer- ing Department. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Ludwig, Coun- cilmen McCauley, Pfobl, Pregler, Schultz. Nays—None. Petition of Susan A. Campbell making inquiry as to her petition filed last year requesting rezoning of Lot 2 of 1 of 1 of 4; Lot 2 of 4; Lot 3 of 4; Lot 4 of 4; Lot 5 of 4; all in L. H. Langworthy Sub. of M. L. 73, presented and read. Councilman Pfohl moved that the petition be referred to the Plan- ning & Zoning Commission with instructions that the petitioner be sent a reply. Seconded by Council. man Schultz. Carried by the fol. lowing vote: Yeas — Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. Nays—None. Petition of Charles Ehlers et al requesting additional lighting on Julien Dubuque Drive especially between 121 and 196, presented and read. Councilman Pregler moved that the petition be re- ferred to the Manager and Elec- trical Inspector for investigation and report. Seconded by Mayor Ludwig. Carried by the following vote: yeas — Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. Nays—None. 158 Regular Session, April 3, 1967 Petition of Kennedy Heating & Cooling requesting permission to install a gas fired air conditioner on the south side of the Travel. er's Cafe at 504 Central Avenue, presented and read. Councilman Pregler moved that the petition be referred to the City Manager and City Solicitor for further proceed- ings. Seconded by Mayor Ludwig Carried by the following vote: Yeas — Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. Nays—None. Petition of Clem Wagner, re- questing a refund of $25 on the unexpired portion of cigarette li- cense No. 147, as he has discon- tinued business on March 1, 1967, presented and read. Councilman Schultz moved that the refund be granted and the Auditor instructed to issue proper warrant. Seconded by Councilman Pfohl. Carried by the following vote: Yeas — Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. Nays—None. Petition of Valetta Shannon, re- questing a refund of $25 on the unexpired portion of cigarette li- cense No. 110, as she has discon- tinued business on March 31, 1967, presented and read. Councilman Schultz moved that the refund be granted and the Auditor instructed to issue proper warrant. Seconded by Councilman Pfohl. Carried by the following vote: Yeas — Mayor Ludwig, Coun. cilmen McCauley, Pfohl, Pregler, Schultz. Nays—None. RESOLUTION NO. 69.67 Resolution Authorizing and Ap. proving Assurances in Connec- tion with the Mississippi River at Dubuque, Iowa, Local Flood Project. WHEREAS, the City of Dubuque, Iowa, by letter dated March 17, 1967, has been advised by the Rock Island District Corps of Engineers that the General Design Memor- andum covering the Dubuque, Iowa local flood protection project has been approved and that in order for this project to continue in its development that certain assur- ances must be given by the City of Dubuque, Iowa, to the United States of America pledging that it will furnish the required condi. tions of local cooperation with re- spect to the subject project; and WHEREAS, the City Council has examined the Assurances required of the City; and WHEREAS, the City Council of the City of Dubuque, Iowa, deems it in the best public interest that said Assurances, which are con- tained in Exhibit "A" attached hereto and by reference made a part hereof as though fully set out herein be executed 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 Assurances whereby the City of Dubuque agrees and pledges that it will furnish the required conditions of local cooperation with respect to the Dubuque, Iowa Local Flood Projection Project, set out in Ex- hibit "A", hereto attached be and the same are hereby approved. Section 2 That the Mayor and City Clerk be and they are hereby authorized and directed to execute said Assurances, a copy of which marked Exhibit "A" is hereto at- tached, for and on behalf of the City of Dubuque, Iowa. Section 3. That the City Clerk be and he is hereby authorized and directed to forward a certified copy of this Resolution to the City Manager for transmittal to- gether with the original executed copy of Assurances to the office of the District Engineer, U.S. Army Corps of Engineers, Rock Is- land, Illinois. Passed, adopted and approved this 3rd day of April, 1967. Richard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler Attest: Leo F. Frommelt, City Clerk Regular Session, April 3, 1967 159 EXHIBIT "A" ASSURANCES MISSISSIPPI RIVER AT DUBU- QUE, IOWA LOCAL FLOOD PRO- TECTION PROJECT In consideration of the authoriza- tion contained in the Flood Control Act of 1962, Public Law 87-874, approved 23 October 1962, and in accordance with the plans and recommendations of the Chief of Engineers in House Document No. 450, 87th Congress, the City of Dubuque, County of Dubuque, State of Iowa, by and through its duly elected and qualified Mayor and in accordance with a Resolu- tion passed by the City Council of said City of Dubuque, Iowa, does hereby agree and pledge that it will truly and faithfully: a. Provide without cost to the United States all lands, easements, and rights-of-way necessary for the construction of the project; b. Hold and save the United States free from damages due to the construction works; c. Maintain and operate all the works after completion in accord- ance with regulations prescribed by the Secretary of the Army; d. Modify or relocate buildings, utilities, sewers, and other facil- ities where necessary in the con- struction of the project, including necessary widening of levees to provide for roadways; and e. Obtain legal control over pondage areas and prevent en- croachment until substitute pond - age or increased pumping capacity has been provided at local expense. It is hereby certified that the undersigned official has the legal authority to execute this agree- ment. IN WITNESS WHEREOF, the City of Dubuque, County of Du- buque, State of Iowa, has caused its corporate name to be hereunto signed by its Mayor, attested to by the City Clerk, and the corpor- ate seal of said City to be affixed hereto this 3rd day of April, A.D., 1967. (SEAL) CITY OF DUBUQUE, IOWA By Richard Ludwig, Its Mayor ATTEST: Leo F. Frommelt, City Clerk Councilman Pfohl moved adop- tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Ludwig, Council. men McCauley, Pfohl, Pregler, Schultz. Nays—None. Proof of Publication, certified to by the Publisher, of notice of levy Of special assessment and intention of the Council to issue bonds to Pay for construction of an eight inch sanitary sewer from the southern most existing sanitary manhole between Kaufmann Ave- nue and Asbury Road southerly along the west side of J. F. Ken. nedy Road and westerly through Lot 1, 2, 1 of 3 of Henry Zieglers Subdivision and Lot 2 of 4 of J. P. Mettels Subdivision No. 2 to the E.P.L. of Lot 1 of 4 of J. P. Mettels Sub. No. 2, presented and read. Mayor Ludwig moved that the proof of publication be re- ceived and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Ludwig, Coun. cilmen McCauley, Pfohl, Pregler, Schultz. Nays—None. Statement of City Clerk certi- fying that notices of levy were mailed to property owners of rec- ord on March 3, 1967, subject to assessment for cost of construct- ing the 8" sanitary sewer north and west of Asbury Road and J. F. Kennedy Road, presented and read. Councilman Pregler moved that the Statement be received and filed. Seconded by Councilman Schultz. Carried by the following vote: Years — Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. Nays—None. RESOLUTION No. 7067 Schedule of Assessments RESOLVED by the City Council of the City of Dubuque, Iowa: That to pay for construction of an eight -inch (8") sanitary sewer from the southern most existing sanitary manhole between Kauf- mann Avenue and Asbury road southerly along the west side of im Regular Session. April 3, 1967 J. F. Kennedy Road and westerly through Lot 1, 2, 1 of 3 of Henry Ziegler's Subdivision and Lot 2 of 4 of J. P. Mettels Subdivision No. 2 to the E.P.L. of Lot 1 of 4 of J. P. Mettel's Subdivision No. 2, by Thos. Flynn Coal Co. contractor in front of and adjoining the same, a special tax be and is hereby levied on the several lots, and parts of lots, and parcels of real estate all as named, situated and owned, and for the several amounts set opposite each lot or parcel of real estate, as set forth in the following schedule: Eight Inch Sanitary Sewer North and West of Asbury Road and J. F. Kennedy Road, 1966 Thomas J. Mulgrew Co., Lot 1-3, Henry Ziegler's Subdivision ........ $ 629.79 Dubuque County Farm Bureau, Lot 4, Henry Ziegler's Subdivision 658.91 Dubuque County Farm Bureau, Lot 5, Henry Ziegler's Subdivison 658.91 Dubuque County Farm Bureau, Lot 6, Henry Ziegler's Subdivision 658.91 Merrill M. Vanderloo, Lot 2-4. J. P. Mettel Sub. No. 2 ................ 869.76 Norbert G. & Maurean Pape, Lot 1.4, J. P. Mettel Sub., No. 2 .... 698.44 $4,174.72 8" V.T.P., 862.15 Lin. Ft. (4 3.25 ........................................$2.801.99 Y Branches, 6" x 8", 7 No, of @ 15.00 ............................ 105.00 Concrete M. H. Height in ft. of Sidewall, 42.75 Lin. Ft. Cy, 18.00 ............................................................................ 769.50 Concrete M. H. Base, 5 No. of @ 50.00 .......................... 250.00 Concrete M. H., Ring & Cover, 5 No. of Ck 50.00 ............ 250.00 Crushed Rock, 30 Tons c« 2.00 ............................................ 60.00 Sod in Place. 400 Sq. Yds. a) .60 ........................................ 240.00 $4,476.48 Engineering Costs ........................................................ 689.31 5% Interest -52 Days ................................................... 30.16 Total Project Cost........................................................$5,196.96 CityShare........................................................................ 1,022.24 Assessable Share............................................................$4,174.72 All of which is assessed in proportion to the Special Benefits Conferred. Passed, adopted and approved this 3rd day of April 1967. Richard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pfohl moved adop- tion of the resolution. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Mayor Ludwig, Coun. cilmen McCauley, Pfohl, Pregler, Schultz. Nays—None. Proofs of Publication, certified to by the Publishers, of notice of public hearing to authorize the is- suance of sewer bonds in the amount of $4,174.72 to pay for con- struction cost of an 8" sanitary sewer north and west of Asbury Road and J. F. Kennedy Road, pre- sented and read. Councilman Pfohl moved that the proofs of publica- tion be received and filed. Second- ed by Mayor Ludwig. Carried by the following vote: Yeas — Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. Nays—None. RESOLUTION NO. 71-67 Resolution providing for the is- suance of Sewer bonds for the purpose of providing for the payment of the assessed cost of an eight -inch Sanitary Sewer North and West of Asbury Road and J. F. Kennedy Road, 1966. Whereas the contract heretofore entered into by the City of Du- buque, Iowa, for the Sewer herein- after described has been completed W Regular Session, April 3, 1967 161 and the City Manager has certified the completion thereof to the City Council and the City Council has ascertained the cost thereof and has determined that $4,174.72 Dol- lars of the cost thereof shall be assessed against the property sub- ject to assessment therefor; and Whereas public notice, as pro- vided by law, has been published by the City Clerk stating the in- tention of the City Council to issue bonds for the purpose of provid- ing for the payment of the as- sessed cost of said improvement and a public hearing has been held, pursuant to such notice and all objections made thereto have been considered and determined; NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque: 1. That to provide for the pay- ment of the assessed cost of con. structing an eight inch (8") sani- tary sewer from the southern most existing sanitary manhole between Kaufmann Avenue and Asbury Road southerly along the west side of J. F. Kennedy Road and wester- ly through Lot 1. 2, 1 of 3 of Henry Zieglers Subdivision and Lot 2 of 4 of J. P. Mettels Subdivision No. 2 to the E.P.L. of Lot 1 of 4 of J. P. Mettels Subdivision No. 2 there shall be issued Sewer bonds in the amount of $4,174.72 Dol- lars in anticipation of the deferred payment of assessments levied for such improvement. 2. Such bonds shall be called Sewer bonds; and shall bear the date of May 3, 1967; and shall be numbered consecutively; and they shall be numbered, divided into series, and be in such denomina. tions and for such maturity dates as are shown in the following table: 1. 800 and 801. $200.00, April 1, 1968. 2. 802 and 803, $200.00, April 1, 1969. 3. 804 and 805, $200.00, April 1, 1970. 4. 806 and 807, $200.00, April 1, 1971. 5. 808 and 809, $200.00, April 1, 1972. 6. 810 and 811, $200.00, April 1, 1973. 7. 812 and 813, $200.00, April 1, 1974. 8. 814 and 815, $200.00, April 1, 1975. 9. 816 and 817, $200.00, April 1, 1976. 10. 818 and 819. $200.00, April 1, 1977. 10. 820, $174.72, April 1, 1977. 3. Said bonds shall bear interest at the rate of 5 per cent per an- num, payable semi-annually in ac- cordance with coupons thereto at- tached: 4. Said bonds shall not make the City of Dubuque liable in any way, except for the application of said special assessment funds. 5. Said bonds shall provide that they may be payable at any time prior to the maturity date stated therein at the option of the City of Dubuque and shall be in sub- stantially the following form: No. ........................................................ Series No ........................ CITY OF DUBUQUE Sewer Bond The City of Dubuque in the State of Iowa promises to pay as herein- after mentioned to the bearer here. of, on the first day of April 1968, or at any time before that date, at the option of the City of Du- buque, the sum of Two Hundred dollars with interest thereon at the rate of 5 per cent per annum, pay- able semi-annually, on the presen- tatior and surrender of the inter. est coupons hereto attached. Both principal and interest of this bond are payable at the office of the City Treasurer in the City of Du- buque, in the State of Iowa. This bonds is issued by the City of Du- buque under and by virtue of Chapter 396 of the 1954 Code of Iowa, as amended, and the Resolu- tion of said City duly passed the 3rd day of April, 1967, being Resolution No. 7187. This Bond is one of a series of 21 bonds, 20 for $200.00 numbered from 800 through 819, and one for $174.72 numbered 820, all of like tenor and date, and issued for the purpose of constructingan North eight - inch (8,,) Sanitary and West of Asbury Road and J. F. Kennedy Road as described in 160 Regular Session. April 3, 1967 J. F. Kennedy Road and westerly through Lot 1, 2, 1 of 3 of Henry Ziegler's Subdivision and Lot 2 of 4 of J. P. Mettels Subdivision No. 2 to the E.P.L. of Lot 1 of 4 of J. P. Mettel's Subdivision No. 2, by Thos. Flynn Coal Co. contractor in front of and adjoining the same, a special tax be and is hereby levied on the several lots, and parts of lots, and parcels of real estate all as named, situated and owned, and for the several amounts set opposite each lot or parcel of real estate, as set forth in the following schedule: Eight Inch Sanitary Sewer North and West of Asbury Road and J. F. Kennedy Road, 1966 Thomas J. Mulgrew Co., Lot 1-3, Henry Ziegler's Subdivision ........ $ 629.79 Dubuque County Farm Bureau, Lot 4, Henry Ziegler's Subdivision 658.91 Dubuque County Farm Bureau, Lot 5, Henry Ziegler's Subdivison 658.91 Dubuque County Farm Bureau, Lot 6. Henry Ziegler's Subdivision 658.91 Merrill M. Vanderloo, Lot 2-4, J. P. Mettel Sub, No. 2 ................ 869.76 Norbert G. & Maurean Pape, Lot 1-4, J. P. Mettel Sub., No. 2 .... 698.44 $4,174.72 8" V.T.P., 862.15 Lin. Ft.((T 3.25 ........................................$2,801.99 Y Branches, 6" x 8", 7 No. of C 15.00 ............................ 105.00 Concrete M. H. Height in ft. of Sidewall, 42.75 Lin. Ft. 769.50 18.00 ........... ............... ................................................. . Concrete M. H. Base, 5 No. of @ 50.00 .......................... 250.00 Concrete M. H., Ring & Cover, 5 No. of CA: 50.00 ............ 250.00 Crushed Rock, 30 Tons C 2.00 ............................................ 60.00 Sod in Place, 400 Sq. Yds. Ci' .60 ........................................ 240.00 $4,476.49 Engineering Costs ........................................................ 689.31 5% Interest -52 Days .................................................... 30.16 TotalProject Cost........................................................$5,196.96 CityShare........................................................................ 1,022.24 Assessable Share............................................................$4,174.72 All of which is assessed in proportion to the Special Benefits Conferred. Passed, adopted and approved this 3rd day of April 1967. Richard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pfohl moved adop- tion of the resolution. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. Nays—None. Proofs of Publication, certified to by the Publishers, of notice of public hearing to authorize the is- suance of sewer bonds in the amount of $4,174.72 to pay for con- struction cost of an 8" sanitary sewer north and west of Asbury Road and J. F. Kennedy Road, pre- sented and read. Councilman Pfohl moved that the proofs of publica- tion be received and filed. Second- ed by Mayor Ludwig. Carried by the following vote: Yeas — Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. Nays—None. RESOLUTION NO. 71-67 Resolution providing for the is- suance of Sewer bonds for the purpose of providing for the payment of the assessed cost of an eight -inch Sanitary Sewer North and West of Asbury Road and J. F. Kennedy Road, 1966. Whereas the contract heretofore entered into by the City of Du- buque, Iowa, for the Sewer herein- after described has been completed w- . -Aft- Regular Session, April 3, 1967 161 and the City Manager has certified the completion thereof to the City Council and the City Council has ascertained the cost thereof and has determined that $4,174.72 Dol- lars of the cost thereof shall be assessed against the property sub- ject to assessment therefor; and Whereas public notice, as pro- vided by law, has been published by the City Clerk stating the in- tention of the City Council to issue bonds for the purpose of provid- ing for the payment of the as- sessed cost of said improvement and a public hearing has been held, pursuant to such notice and all objections made thereto have been considered and determined; NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque: 1. That to provide for the pay- ment of the assessed cost of con- structing an eight inch (8") sani- tary sewer from the southern most existing sanitary manhole between Kaufmann Avenue and Asbury Road southerly along the west side of J. F. Kennedy Road and wester- ly through Lot 1, 2, 1 of 3 of Henry Zieglers Subdivision and Lot 2 of 4 of J. P. Mettels Subdivision No. 2 to the E.P.L. of Lot 1 of 4 of J. P. Mettels Subdivision No. 2 there shall be issued Sewer bonds in the amount of $4,174.72 Dol- lars in anticipation of the deferred payment of assessments levied for such improvement. 2. Such bonds shall be called Sewer bonds; and shall bear the date of May 3, 1967; and shall be numbered consecutively; and they shall be numbered, divided into series, and be in such denomina- tions and for such maturity dates as are shown in the following table: 1. 800 and 801, $200.00, April 1, 1968. 2. 802 and 803, $200.00, April 1, 1969. 3. 804 and 805, $200.00, April 1, 1970. 4. 806 and 807, $200.00, April 1, 1971. 5. 808 and 809, $200.00, April 1, 1972. 6. 810 and 811, $200.00, April 1, 1973. 7. 812 and 813, $200.00, April 1, 1974. 8. 814 and 815, $200,00, April 1, 1975. 9. 816 and 817, $200.00, April 1, 1976. 10. 818 and 819, $200.00, April 1, 1977. 10. 820, $174.72, April 1, 1977. 3. Said bonds shall bear interest at the rate of 5 per cent per an- num, payable semi-annually in ac- cordance with coupons thereto at- tached: 4. Said bonds shall not make the City of Dubuque liable in any way, except for the application of said special assessment funds. 5. Said bonds shall provide that they may be payable at any time prior to the maturity date stated therein at the option of the City of Dubuque and shall be in sub- stantially the following form: No. ........................................................ Series No ............................................. CITY OF DUBUQUE Serer Bond The City of Dubuque in the State of Iowa promises to pay as herein- after mentioned to the bearer here- of, on the first day of April 1968, or at any time before that date, at the option of the City of Du- buque, the sum of Two Hundred dollars with interest thereon at the rate of 5 per cent per annum, pay- able semi-annually, on the presen- tation and surrender of the inter- est coupons hereto attached. Both principal and interest of this bond are payable at the office of the City Treasurer in the City of Du- buque, in the State of Iowa. This bonds is issued by the City of Du- buque under and by virtue of Chapter 396 of the 1954 Code of Iowa, as amended, and the Resolu- tion of said City duly passed on the 3rd day of April, 1967, being Resolution No. 71-67. This Bond is one of a series of 21 bonds, 20 for $200.00 numbered from 800 through 819, and one for $174.72 numbered 820, all of like tenor and date, and issued for the purpose of constructing an eight* inch (8") Sanitary Sewer, North and West of Asbury Road and J. F. Kennedy Road as described in 162 Regular Session, April 3, 1967 said Resolution, in said City, which cost is payable by the abutting and adjacent property along said im- provements and is made by law a lien on all of said property. It is payable only out of the Special Assessment Fund No. 1263 created by the collection of said special tax, and said fund can be used for no other purpose. It is hereby certified and recited that all the acts, conditions and things required to be done, prece- dent to and in issuing this series of bonds, have been done, hap. pened, and performed, in regular and due form, as required by law and said Resolution, and for the as- sessment, collection and payment hereon of said special tax, the full faith and diligence of said City of Dubuque are hereby irrevocably pledged. IN TESTIMONY WHEREOF the City of Dubuque by its Council has caused this bond to be signed by its Mayor and countersigned by its City Clerk and the Seal of said City to be thereto affixed, this 3rd day of May, 1967. (SEAL) .......................................................... Mayor ....................................................... City Clerk (Form of Coupon) On the .......... day of ..................... the City of Dubuque, Iowa, prom- ises to pay to the bearer, as pro- vided in said bond, the sum of Dollars, in the office of the City Treasurer in the City of Du- buque, being ........ months' interest due that date on its .............. Bond No........... dated ......................... ......................................................... Mayor .......................................................... City Clerk 6. That the Mayor and City Clerk be and they are hereby instructed to cause said bonds to be prepared and when so prepared to execute said bonds and that the City Clerk be and he is hereby instructed to register said bonds in a book kept for that purpose and to then de- liver them to the City Treasurer. 7. That the City Treasurer is hereby instructed to sell said bonds in the manner provided by law, the proceeds of said sale to be placed in a special fund to be known as Special Assessment Fund No. 1263 and paid out by him to pay the cost of said contract. 8. That the interest coupons at- tached to the bonds be signed with the facsimile signature of the Ma. yor and countersigned with the facsimile signature of the City Clerk. 9. That as fast as funds allow, beginning with the second year af. ter the payment of interest due, the City Treasurer is directed to call these bonds in the same order as numbered. 10. Notice of election to call these bonds shall be given by reg- ular United States Mail, and ad. dressed to the last known address of the Purchaser. Passed, adopted and approved this 3rd day of April 1967. Richard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pfohl moved adop- tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. Nays—None. Proof of Publication, certified to by the Publisher, of notice of pub- lic hearing to consider proposal to authorize the issuance of water main extension bonds to pay for cost of constructing City of Du- buque 1966 Kelly Lane Water Main Project No. 1, presented and read. No written objections were filed and no oral objectors were present in the Council Chamber at the time set for the public hearing. Councilman Pfuhl moved that the proof of publication be received and filed. Seconded by Councilman Pregler. Carried vote: Yeas - Mayor men McCauley, Schultz. Nays -None. Regular Session, April 3, 1967 163 by the following Ludwig, Council- Pfohl. Pregler, RESOLUTION NO. 59.67 Resolution providing for the is- suance of Water Main Extension Bonds for the purpose of provid- ing for the payment of the as- sessed cost of City of Dubuque, 1966, Kelly Lane Water Main, Project No. 1, consisting of a cast iron water main in Kelly Lane from the East property Line of Fremont Avenue to the Northwest Property line of Lot t of Lot 1 of Mineral Lot 511. Whereas the contract heretofore entered into by the City of Dubu- que, Iowa, for the Improvement hereinafter described has been completed and the City Manager has certified the completion there- of to the City Council and the City Council has ascertained the cost thereof and has determined that $20,481.59 Dollars of the cost thereof shall be assessed against the property subject to assessment therefor; and Whereas public notice, as pro- vided by law, has been published by the City Clerk stating the in- tention of the City Council to issue bonds for the purpose of providing for the payment of the assessed cost of said improvement and a public hearing has been held, pur- suant to such notice and all objec- tions made thereto have been con- sidered and determined; NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque: 1. That to provide for the pay- ment of the assessed cost of City of Dubuque 1966, Kelly Lane Wa- ter Main Project No. 1, consisting Of a cast iron water main in Kelly Lane from the east property line Of Fremont Avenue to the north- west property line of Lot 1 of Lot Of Lot 1 of Mineral Lot 511 there shall be issued Water Main Exten- sion bonds in the amount of $13,- 481.59 Dollars in anticipation of the deferred payment of assess- ments levied for such improve- ment. 2. Such bonds shall be called Water Main Extension bonds; and w. shall bear the date of February 8, 1967; and shall be numbered con- secutively; and they shall be num. bered, divided into series, and be in such denominations and for such maturity dates as are shown in the following table: Series No. 1, 759 thru 762, $500.00, June 1, 1967. Series No. 2, 763 thru 788, $500.00, June 1, 1968. Series No. 3, 767 thru 770, $500.00, June 1, 1969. Series No. 4, 771 thru 774, $500.00, June 1, 1970. Series No. 5, 775 thru 778, $500.00, June 1, 1971. Series No. 6, 779 thru 782, $500.00, June 1, 1972. Series No. 7, 783 thru 786, $500.00, June 1, 1973. Series No. 8, 787 thru 790, $500.00, June 1, 1974. Series No. 9, 791 thru 794, $500.00, June 1, 1975. Series No. 10, 795 thru 798, $500.00, June 1, 1976. Series No. 10, 7999 $481.59, June 1, 1976. 3. Said bonds shall bear interest at the rate of 5 per cent per an- num, payable semi-annually in ac- cordance with coupons thereto at- tached: 4. Said bonds shall not make the City of Dubuque liable in any way, except for the application of said special assessment funds. 5. Said bonds shall provide that they may be payable on June 1st of any year at the option of the City of Dubuque and shall be in substantially the following form: No. ........................................ SeriesNo ............................. CITY OF DUBUQUE Water Main Extension Bond The City of Dubuque in the State of Iowa promises to pay as hereinafter mentioned to the bear- er hereof, on the first day of June or on June 1st of any year prior hereto, or at any time be- fore that date, at the option of the City of Dubuque, the sum of Five - Hundred dollars with interest thereon at the rate of 5 per cent per annum, payable semi annually, on the presentation and surrender 1.6A Regular Session, April 3, 1967 of the interest coupons hereto at- tached. Both principal and inter- est of this bond are payable at the office of the City Treasurer in the City of Dubuque, in the State of Iowa. This bond is issued by the City of Dubuque tinder and by virtue of Chapter 396 of the 1966 Code of Iowa, as amended, and the Resolution of said City duly passed on the 3rd day of April 1966, being Resolution No. 59-67. This Bond is one of a series of 41 bonds, 40 for $500.00 numbered from 759 thru 798, and one for $481.59 numbered 799, all of like tenor and date, and issued for the purpose of CITY OF DUBUQUE, 1966, KELLY LANE WATER MAIN PROJECT NO. 1 consisting of a cast Iron Water Main in Kelly Lane from the East property line of Fremont Avenue to the North- west property line of Lot 1 of Lot 1 of Lot 1 of Mineral Lot 511 as described in said Resolution, in said City, which cost is payable by the abutting and adjacent prop- erty along said improvements and is made by law a lien on all of said property. It is payable only out of the Special Assessment Fund No. 1262 created by the collection of said special tax, and said fund can be used for no other purpose. It is hereby certified and recited that all the acts, conditions and things required to be done, prece- dent to and in issuing this series of bonds, have been done, happen- ed, and performed, in regular and due form, as required by law and said Resolution, and for the as. sessment, collection and payment hereon of said special tax, the full faith and diligence of said City of Dubuque are hereby irrevocably pledged. IN TESTIMONY WHEREOF the City of Dubuque by its Council has caused this bond to be signed by its Mayor and countersigned by its City Clerk and the Seal of said City to be thereto affixed, this 8th day of February, 1967. (SEAL) ........................................... I ............. Mayor .......................................................... City Clerk (Form of Coupon) On the ........ day of ..................... the City of Dubuque, Iowa, prom- ises to pay to the bearer, as pro- vided in said bond, the sum of ....................Dollars, in the office of the City Treasurer in the City of Dubuque, being ............ months' in- terest due that date on its ................ Bond No ................. dated ................ ........................................................ Mayor .......................................................... City Clerk 6. That the Mayor and City Clerk be and they are hereby instructed to cause said bonds to be prepared and when so prepared to execute said bonds and that the City Clerk be and he is hereby instructed to register said bonds in a book kept for that purpose and to then de- liver them to the City Treasurer. 7. That the City Treasurer is hereby instructed to sell said bonds in the manner provided by law, the proceeds of said sale to be placed in a special fund to be known as Special Assessment Fund No. 1262 and paid out by him to pay the cost of said contract. 8. That the interest coupons at- tached to the bonds be signed with the facsimile signature of the May- or and countersigned with the fac- simile signature of the City Clerk. 9. That as fast as funds allow, beginning with the second year after the payment of interest due June 1, 1967 these bonds shall be called and retired in the same order as numbered. 10. Notice of election to call these bonds shall be given by regu- lar United States Mail, addressed to the last known address of the Purchaser. Introduced this 20th day of March 1967. Passed, adopted and approved this 3rd day of April 1967. Richard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Walter A, Pregler Councilmen Attest: Leo F. Frommelt, City Clerk Aa- Regular Session, April 3, 1967 165 Mayor Ludwig moved final adop- tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Ludwig, Council- men McCauley. Pfohl, Pregler, Schultz. Nays—None. April 3, 1967 The Honorable Mayor and City Council Gentlemen: Today Colonel Coffman and his staff came to Dubuque and con- ferred with the City Staff about the current emergency flood situa- tion. The best information we now have is that the Mississippi River will reach the 17 foot stage by April 6th and crest at 22.5 feet about April 11th. It seems certain that the City will have to be protected from flood. I have initiated emergency flood measures as of 2:32 P.M. this day. Our activity is and will be ac. cording to the attached plan. I request that you approve my expenditure for the emergency flood operations with the under- standing that later in the year I will request an appropriation to the current budget. Respectfully requested, Gilbert D. Chavenelle City Manager Councilman McCauley moved that the recommendation of the City Manager be approved. Sec- onded by Councilman Pfohl. Car- ried by the following vote: Yeas — Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. Nays—None. RESOLUTION NO. 72.67 WHEREAS, it is anticipated that the Mississippi River will inundate certain areas of the City of Du- buque by reason of flood waters of said River; thereby threatening the health, safety and welfare of the inhabitants of the City of Du- buque, Iowa NOW THEREFORE Be It Re- solved by the City Council of the City of Dubuque, Iowa: Section 1. That the Mayor of the City of Dubuque, Iowa be and he is hereby authorized and empow- ered to declare a state of public J+- danger or emergency at such time as in his judgment the flood wa- ters of the Mississippi River war. rant such a declaration. Section 2. That the Mayor of the City of Dubuque, Iowa be and he is hereby authorized and empow. ered to govern the City of Dubuque by Proclamation during such state of public danger or emergency un- til such time as in the Mayor's judgment such public danger or emergency no longer exists. Passed, adopted and approved this 3rd day of April, 1967. Richard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler 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 Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. Nays --None. RESOLUTION NO. 73.67 Resolution Accepting Delivery of Conveyance. NOW THEREFORE Be It Re- solved by the City Council of City of Dubuque, Iowa: Section 1. That delivery of con- veyance by Andrew J. Richard and Marie E. Richard of the following described real estate: Lot 1 in Glenwood Subdivision in the City of Dubuque, Iowa, according to the recorded plat thereof, subject to easements of record. to City of Dubuque, Iowa, be and the same is hereby approved and delivery of conveyance thereof is herewith accepted. Section 2. That the City Clerk be and he is hereby authorized and directed to record said War. ranty Deed dated March 7, 1967, executed by Andrew J. Richard and Marie E. Richard, husband and wife conveying the above de. scribed property to City of Du- buque, Iowa, in the office of the Dubuque County Recorder. 166 Regular Session, April 3, 1W7 Passed, adopted and approved this 3rd day of April, 1967. Richard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler Councilmen Attest: Leo F. Frommelt City Clerk Mayor Ludwig moved adoption of the resolution. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. Nays—None. RESOLUTION NO. 7467 BE IT RESOLVED by the City Council of the City of Dubuque. Iowa, that the following having complied with the provisions of law relating to the sale of Ciga- rettes within the City of Dubuque, Iowa, be granted a permit to sell Cigarettes and Cigarette Papers within said City. Helen Dougherty, 1643 Central Avenue Donald E. Cue, 119 West 6th Street BE IT FURTHER RESOLVED that the bonds filed with the ap- plication be approved. Passed, adopted and approved this 3rd day of April, 1967. Richard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler Councilmen Attest: Leo F. Frommelt, City Clerk Councilman Schultz moved adop- tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas -- Mayor Ludwig, Council. men McCauley, Pfohl, Pregler, Schultz. Nays—None. RESOLUTION NO. 75-67 WHEREAS, applications for Beer Permits have been submitted to this Council for approval and the same have been examined: NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the following applica- tions be granted and licenses be issued upon the compliance with the terms of the ordinances of the City. CLASS "B" BEER PERMIT Donald ht. Love, 250 West 6th Street E t h e l Madeline Schwartz, 500 Rhomberg Avenue Mrs. Josephine Burke. 531 Main Street Dubuque Baseball, Inc., East 4th Street Ext. Richard Alderson, 2401 Windsor Avenue (Effective May 1, 1967) Donald E. Cue, 119 West 6th Street Helen Dougherty, 1643 Central Av- enue CLASS "C" BEER PERMIT Donald D. Schroeder, 2840 Central Avenue William J. B. White, 1993 Asbury Street Earl E. Schumacher, 2204 Central Avenue Mrs. Catherine E. McEvoy, 775 East 16th Street Earl J. McNamara, 1046.1050 Uni- versity Avenue Passed, adopted and approved this 3rd day of April, 1967, Richard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler Councilmen Attest: Leo F. Frommelt, City Clerk Mayor Ludwig moved adoption of the resolution. Seconded by Councilman Pfohl. Carried by the following vote: Yeas — Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None. RESOLUTION NO. 76-67 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: a. Regular Session, April 3, 1967 167 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 Donald M. Love, 250 West 6th Street Ethel Madeline Schwartz, 500 Rhomberg Avenue Mrs. Josephine Burke, 531 Main Street Dubuque Baseball, Inc., East 4th Street Ext. Richard Alderson, 2401 Windsor Avenue (Effective May 1, 1967) Donald E. Cue, 119 West 6th Street Helen Dougherty, 1643 Central Av- enue CLASS "C" BEER PERMIT Donald D. Schroeder, 2890 Central Avenue William J. B. White, 1993 Asbury Street Earl E. Schumacher, 2204 Central Avenue Mrs. Catherine E. McEvoy, 775 East 16th Street Earl J. McNamara, 1046-1050 Uni- versity Avenue BE IT FURTHER RESOLVED that the bonds filed by such appli- cants be and the same are hereby approved. Passed, adopted and approved this 3rd day of April, 1967. Richard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler Councilmen Attest: Leo F. Frommelt, City Clerk Councilman Schultz moved adop- tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None. RESOLUTION NO. 77.67 WHEREAS, applications for Liquor Permits have been submit- ted to this Council for approval and the same have been examined, AN* NOW THEREFORE BE IT RE- SOLVED, by the City Council of the City of Dubuque, Iowa, that the following applications be grant- ed and licenses issued upon the compliance with the terms of the IOWA LIQUOR CONTROL ACT— CHAPTER 123—as amended by the 60th General Assembly, 1963. CLASS "C" COMMERCIAL ESTABLISHMENT Fraternal Order of Eagles Aerie 568, 6th & Locust Street Richard Alderson, 2401 Windsor Avenue (Effective May 1, 1967) Helen Dougherty, 1643 Central Av- enue Passed, adopted and approved this 3rd day of April, 1967. Richard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler Councilmen Attest: Leo F. Frommelt, City Clerk Councilman Pfohl moved adop- tion of the resolution. Seconded by Mayor Ludwig. Carried by the following vote: Yeas — Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None. RESOLUTION NO. 71147 WHEREAS, applications for Liquor Permits were filed by the within named applicants and they have received the approval of this Council, and WHEREAS, the premises to be occupied by such applicants were inspected and found to comply with the State Law and all City ordinances relevant thereto and they have filed proper bonds; NOW THEREFORE BE IT RE- SOLVED by the City Council of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named applicants a Liquor Permit. CLASS "C" COMMERCIAL ESTABLISHMENT Fraternal Order of Eagles Aerie 568, 6th & Locust Street Richard Alderson, 2401 Windsor Avenue (Effective May 1, 1967) 168 Regular Session, April 3, 19fii Helen Dougherty, 1643 Central Av- enue Passed, adopted and approved this 3rd day of April, 1967. Richard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler 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 Ludwie. Council- men McCauley, Pfohl, Pregler. Schultz, Nays—None. AGREEMENT THIS AGREEMENT entered in- to between City of Dubuque, Iowa, a municipal corporation, hereinaf- ter referred to as "City," and DU- BUQUE HUMANE SOCIETY, a charitable corporation, with its principle place of business in the City of Dubuque, hereinafter re- ferred to as the "Society," WIT- NESSETH: WHEREAS, City has no suitable pound for dogs or other animals which may be taken up or re- ceived pursuant to law or ordi. nance and desires to enter into a contract with the Society for the taking up and protection of dogs; for the maintenance of a shelter or pound for unlicensed and un. tagged dogs, and for lost, strayed, or homeless dogs, and for the de. struction or other dispcsition of diseased dogs not redeemed as provided by law, or the ordinance of the City of Dubuque; and WHEREAS, the Society is an in- corporated society for the preven- tion of cruelty to animals and is willing to accept the duties herein before outlined in return for the consideration hereinafter set forth; NOW THEREFORE, IT IS AGREED between the parties here. to as follows: 1. The Society agrees to main- tain a shelter or pound for unli. censed or untagged dogs, and for lost, strayed, or homeless dogs; to dispose of any licensed or unli. censed dog in accordance with Sec- tions 4d and 4e of Section 4, Or- dinance No. 7.65 of the City of Dubuque; to take up and impound any licensed or unlicensed dog in accordance with the provisions of Section 2 or Ordinance No. 7-65 of the City of Dubuque. 2. AND PROVIDED FURTHER: That the Society shall have the right to dispose of animals in its custody and care in one of three ways, to -wit: by return to a right- ful owner, by placement in a suit- able home, or by humane eutha- nasia, and further that the Society shall not dispose of animals by any other means than the three methods described. 3. The Shelter shall be available for dog or animal calls daily and shall have their dog warden pick up dogs or aniamis from 8:00 A.M. to 5:00 P.M. daily. The dog warden shall answer any emergency calls up to 8:00 P.M. A dog shall be licensed and vac- cinated for rabies before the dog is released to owner from the Hu- mane Shelter. 4. In consideration of the per- formance of the foregoing services by Society the City agrees to pay Society the sum of Seven Hundred Dollars ($700) per month, on the 1st day of each month, commenc- ing with March 1, 1967. 5. This Agreement shall become effective on the 1st day of March, 1967, and shall continue thereafter until terminated by notice in writ- ing, by either of the parties, except that Society shall not have the right to terminate this Agreement prior to December 31, 1968. DUBUQUE HUMANE SOCIETY By Bess G. Bissell Executive Director Mrs. Frank L. Wagner Vice President CITY OF DUBUQUE, IOWA By Gilbert D. Chavenelle Its City Manager Councilman Pfohl moved that the terms of the agreement be rati- fied and approved and the City Manager be authorized to sign on behalf of the City. Seconded by Councilman Schultz. Carried by the following vote: Yeas -- Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. Nays—None. Regular Session, April 3, 1967 166 R. F. Sefzik stated that due to the conversation earlier in the meeting relative to proper notice upon expiration of a plumbing li- cense, the intent being that a no- tice of thirty days be given prior to expiration of a restricted plumb- er's license, that the same idea be inaugurated as to 30 days notice prior to expiration of a given li- cense, by the Heating, Ventilating & Refrigeration Board. There being no further business Councilman McCauley moved to adjourn. Seconded by Councilman Pr:gler. Carried by the following vote: Yeas — Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. Nays—None. Leo F. Frommelt City Clerk Approved .. Au.s.t... 7.a.....1967. Au us t Adopted ...... x......1967. .........�..........7 _-A"Aa.A.. .................... ouncilmen Attes................................................ itv Clerk 170 Special Session, April 17, 1967 CITY COUNCIL OFFICIAL Special Session, April 17, 1967. Council met at 7:30 P.M. (C.S.T.) Present—Mayor Ludwig, Coun- cilmen Pfohl, Pregler, Schultz. City Manager Gilbert D. Chaven- elle. Absent—Councilman McCauley. Mayor Ludwig read the call and stated that service thereof had been duly made and this meeting is called to conduct a public hear- ing on the sale of city -owned prop- erties located in Sears -Roebuck & Co. Subdivision and Riverfront Subdivision No. 3 to Frommelt Building Corporation and acting upon such other business as may properly come before a regular meeting of the City Council. PROCLAMATION Of Richard Ludwig Mayor of the City of Dubuque, Iowa WHEREAS, effective the 7th day of April 1967, at 6:00 o'clock P.M., Richard Ludwig, Mayor of the City of Dubuque, Iowa, issued a PROCLAMATION proclaiming that the City of Dubuque shall be gov- erned by "PROCLAMATION" of the Mayor during the state of pub- lic danger or emergency resulting from flood waters of the Missis. sippi River threatening the health, safety and welfare of the inhabit. ants of the City of Dubuque, Iowa, and further proclaiming such gov- ernment by PROCLAMATION of the Mayor continue until such time as in the judgment of the Mayor such public danger or emergency no longer exists; and WHEREAS, in my judgment as Mayor of the City of Dubuque, Iowa, a state of public danger or emergency no longer exists. NOW THEREFORE BY VIRTUE OF THE POWERS VESTED IN THE MAYOR BY THE LAWS OF THE STATE: OF IOWA, 1, RICH. ARD LUDWIG, MAYOR OF THE CITY OF DUBUQUE, IOWA DO HEREBY DECLARE AND PRO. CLAIM AS FOLLOWS: Section 1. That in my judgment there no longer exists a public danger or emergency in the City of Dubuque. Iowa by reason of the flood waters of the Mississippi River threatening the health, safe- ty and welfare of the inhabitants of the City of Dubuque, Iowa. Section 2. That effective at 7:30 o'clock P.M. on the 17th day of April 1967, Central Standard Time, that the government of the City of Dubuque, Iowa, by PROCLAMA- TION of the Mayor be and the same is hereby terminated. IN WITNESS WHEREOF I have hereunto affixed by signature and caused the seal of the City of Du- buque to be affixed thereto on this 17th day of April, 1967. Richard Ludwig, Mayor of City of Dubuque, Iowa Attest: Leo F. Frommelt, City Clerk Councilman Pregler moved that the proclamation be made a matter of record. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Mayor Ludwig, Council- men Pfohl, Pregler, Schultz. Nays—None. Absent—Councilman McCauley. Communication of Merchants Mutual Bonding Company submit- ting their Certificate of Authority issued by the Insurance Depart- ment of Iowa authorizing the Bonding Company to transact bus- iness in the State of Iowa during 1967, presented and read. Council- man Pfohl moved that the certifi- cate be received and filed. Sec- onded by Councilman Schultz. Carried by the following vote: Yeas — Mayor Ludwig, Coun- cilmen Pfohl, Pregler, Schultz. Nays—None. Absent—Councilman McCauley. April 12, 1967 To the Honorable Mayor and City Council Gentlemen: I herewith submit the monthly report of the City Treasure's office for the month of March 1967. Respectfully, Gilbert D. Chavenelle, City Manager Councilman Pregler moved that the report be received and filed. Seconded by Councilman Schultz. Carried by the following vote: S1xvial Session. April 17, 1967 175 Avenue, on May 22, 1965, present- ed and read. Councilman Pfolil moved that the notice of suit be referred to the City Solicitor for investigation and report. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Mayor Ludwig, Council- men Pfohl, Pregler, Schultz. Nays—Pone. Absent—Councilman McCauley. Notice of claim of Howard J. Kenneally of 135 State Street, in the amount of $12.00 for labor in- volved in the cleaning up of gravel that washed or bladed on to his lawn from York Street during January 1967, pm,;unted and read. Councilman Pfuhl moved that the notice of claim be referred to the City Solicitor for investigation and report. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Mayor Ludwig, Council- men Pfohl, Pregler, Schultz. Nays—None. Absent—Councilman McCauley. Notice of claim of Michael J. McGovern of 158 Bluff Street, in an unspecified amount, for per- sonal injuries received in a fall due to accumulation of ice and snow on the south side of 13th Street between Main and the alley west of Main, on March 22, 1967, presented and read. Councilman Pfohl moved that the notice of claim be referred to the City Solicitor for investigation and re- port. Seconded by Councilman Schultz. Carried by the following vote: Yeas—Mayor Ludwig, Council- men Pfohl, Pregler, Schultz. Nays—None. Absent—Councilman McCauley. Notice of claim of Elroy L. Bender of 685 Jefferson St., in the amount of $15.25, for car damage received as the result of a tree limb striking his car during a high wind, at 1211 University Ave., on April 14, 1967, presented and read. Councilman Pfohl moved that the notice of claim be referred to the City Solicitor for investiga- tion and report. Seconded by Coun- cilman Schultz. Carried by the following vote: Yeas—Mayor Ludwig, Council- men Pfohl, Pregler, Schultz. Nays—None. A. Absent—Councilman McCauley. Notice of claim of Caroline T. Menke, of 1375 Iowa Street, in an unspecified amount. for personal injuries received in a fall due to accumulation of ice and snow, at 14th & Main Street, on February 18, 1967, presented and read. Coun. cilman Pfohl moved that the no- tice of claim be referred to the City Solicitor for investigation and report. Seconded by Councilman Schultz. Carried by the following Vote: Yeas—Mayor Ludwig, Council- men Pfohl, Pregler, Schultz. Nays—None. Absent—Councilman McCauley. April 17, 1967 Honorable Mayor and Council Members Gentlemen: The City Planning and Zoning Commission has been advised by the City Solicitor that a question has been raised regarding a tech- nicality in the adoption of the ordinance placing zoning classifica- tion on the land annexed by ref- erendum on December 15, 1964. The City Solicitor further advised that to eliminate this question and ordinance reestablishing zoning of the property in question should be adopted. Originally all of the land within the annexed area was classified Single Family Residence however, since that time various properties have been reclassified to Local Business "A", Local Business "B" and Light Industrial. At its meet- ing on April 13, the City Planning and Zoning Commission held a public hearing on a proposal to classify as Single Family Residence that portion of the annexed area that has not been rezoned since the annexation and to classify that land which has been rezoned ac•• cording to the classification which it was intended to be rezoned to. At the public hearing agents for the owner of property located on the west side of John F. Kennedy Road and north of the Montgomery Ward Garden Center registered an objection to the ordinance because it reestablished the Single Family Residence classification on that property. It is the opinion of the Commis- sion that the proposal as published 176 Special Session, April 17, 1967 is appropriate at this time. It is the recommendation of the Com- mission that the area annexed by referendum on December 15. 1964 be classified as indicated on the attached sheet. Respectfully submitted, Don Gilson Director of Planning Councilman Pregler moved that the communciation be received and filed. Seconded by Councilman Schultz. Carried by the following vote: Yeas—Mayor Ludwig, Council- men Pfohl, Pregler, Schultz. Nays—None. Absent—Councilman McCauley. ORDINANCE NO. 18-67 An ordinance amending a n d changing the zoning map of the City of Dubuque, Iowa, as pro- vided by Ordinance No. 3.34, designated 'Zoning Ordinance of the City of Dubuque", so as to Provide zoning classification for the area annexed to the city, (By referendum on December 15, 1964), presented and read. Councilman Pfohl moved that the reading just had be considered the first reading of the Ordinance. Seconded by Councilman Pregler. Carried by the following vote: Yeas—Mayor Ludwig, Council- men Pfohl, Pregler, Schultz. Nays—None. Absent—Councilman McCauley. Councilman Pfohl Absent—Councilman McCauley. Mayor Ludwig moved that the rules be suspended in order to let anyone present address the Council if they so desire. Second- ed by Councilman Schultz. Carried by the following vote: Yeas—Mayor Ludwig, Council. men Pfohl, Pregler, Schultz. Nays—None. Absent—Councilman McCauley. Dr. John Link of 2439 Wilbricht Lane addressed the Council by stating that if the proposed zon- ing ordinance on the newly an. nexed arca is passed as proposed in his opinion it would be uncon. stitutional. April 17, 1967 Honorable Mayor and Council Members Gentlemen: At their meeting on April 6 the City Planning and Zoning Com- mission held a public hearing on the rezoning of Lot 5 of Lange's Subdivision from Single Family Residence to Multiple Residence. At the public hearing there was no-one present to speak against the rezoning and no written ob- jections were on file. The area in question abuts an existing multiple residence district and is an extension of that district. It is the recommendation of the Commission that Lot 5, Lange's Subdivision be rezoned from Single Family Residence to Multiple Resi- dence. moved that the rule requiring an Ordinance Respectfully submitted, to be read on three separate days Don Gilson be waived. Seconded by Council- Director of Planning man Pregler. Carried by the fol- Mayor Ludwig moved that the lowing vote: recommendation be approved and Yeas—Mayor Ludwi ouncil- "eferred to the City Solicitor for men Pfohl, Pregler, Schultz proper proceedings. Seconded by Nays—None. Councilman Schultz. Carried by Absent—Councilman McCauley, the following vote: Councilman Pfohl moved that Ludwig, Council - aYeas—Mayor hearing be held on the Ordinance men Pfohl, Pregler, Schultz. on May `l2, 1967, at 7:30 o'clock Nays --None. P.M. in the Council Chamber at Absent—Councilman McCauley. the City hall and that the Cit y Clerk be instructed April 17, 1967 To the Honorable Mayor to notice of the hearing publish b in the man- and City Council ner required by law. Seconded by Gentlemen: Councilman Pregler. Carried b the following vote: y I am enclosing a petition for theconstruction of a retaining Yeas—Mayor Ludwig,wall Council at St. Joseph's Church which men Pfohl, Pregler, Schultz. will extend on to Cit property. Nays—None, The City Engineer hrreviewed the proposal and on the basis of A. Special Session, April 17, 1967 171 Yeas — Mayor Ludwig, Council- men Pfohl, Pregler, Schultz. Nays—None. Absent --Councilman McCauley. April 12, 1967 To the Honorable Mayor and City Council Gentlemen: I herewith submit the monthly report of the City Health Depart- ment for the month of February 1967. Respectfully, Gilbert D. Chavenelle, City Manager Mayor Ludwig moved that the report be received and filed. Sec- onded by Councilman Pregler. Car- ried by the following vote: Yeas — Mayor Ludwig, Council- men Pfohl, Pregler, Schultz. Nays — None. Absent—Councilman McCauley. April 7, 1967 To the Honorable Mayor and City Council Gentlemen: I am returning the attached peti- tion for a street light on Kelly Lane. The area has been investigated and it is recommended that a 4000 lumen incandescent light be in- stalled on a pole at 1350 Kelly Lane. Respectfully, Gilbert D. Chavenelle, City Manager Councilman Pfohl moved that the recommendation be approved. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Mayor Ludwig, Council- men Pfohl, Pregler, Schultz. Nays—None. Absent—Councilman McCauley. April 6, 1967 To the Honorable Mayor and City Council Gentlemen: I am enclosing a letter of un- derstanding between Operating Engineers Local 758, the Water Department and the City Manag- er's Office. The provisions of the under- standing are retroactive to January 1, 1967. Respectfully submitted, Gilbert D. Chavenelle, City Manager w Mayor Ludwig moved that the understanding as submitted by the Manager be approved. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Ludwig, Council- men Pfohl, Pregler, Schultz. Nays—None. Absent—Councilman McCauley. April 17, 1987 To the Honorable Mayor and City Council Gentlemen: I am returning to you a petition for a street light on Kirkwood Street. The area has been inspected by the Electrical Inspector. It is recommended that two 4000 lumen incandescent lights be in- stalled. One light will be located west of number 998 and the other, between numbers 750 and 760 Kirkwood Street. Respectfully submitted, Gilbert D. Chavenelle, City Manager Councilman Schultz moved that the recommendation of the Manag- er be approved. Seconded by May or Ludwig. Carried by the follow- ing vote: Yeas — Mayor Ludwig, Council- men Pfohl, Pregler, Schultz. Nays—None. Absent Councilman McCauley. April 17, 1967 To the Honorable Mayor and City Council Gentlemen: I am returning to you a petition for street lights on the 2300 block of Eagle Street. The Electrical Inspector has re- viewed the location. It is recommended that two 4000 lumen incandescent lights be installed between 2300 and 2310, and between 2332 and 2352 Eagle � Street. Respectfully submitted, Gilbert D. Chavenelle, City Manager Councilman Schultz moved that the recommendation of the Manag- er be approved. Seconded by May- or ayor Ludwig. Carried by the follow- ing vote: Council Yeas — Mayor Ludwig, men Pfohl, Pregler, Schultz. Nays—None. Absent—Councilman McCauley. 172 Special Session, April 17, 1967 April 11, 1967 To the Honorable Mayor and City Council Gentlemen: I am returning to you the peti- tion concerning the request of Mr. Al Kremenak to vacate the alley between O'Neill and Edith Streets, north for one block from Bruns- wick Street. I have attached the report from the Planning and Zoning Commis- sion on this request recommend- ing a denial. I have investigated this petition and join with the Planning Com- mission in recommending denial of the petition. Respectfully, Gilbert D. Chavenelle, City Manager Councilman Pregler moved that the recommendation of the Plan- ning & Zoning Commission and of the City Manager be approved. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Mayor Ludwig, Council- men Pfohl, Pregler, Schultz. Nays—None. Absent—Councilman McCauley, April 17, 1967 To the Honorable Mayor and City Council Gentlemen: You have referred to the City Manager the petition of Ralph Cro- mer Jr., and others, regarding parking along Rhomberg Avenue. The petition was received at your meeting of March 29th. At that meeting I said that a report would be ready for your consideration at the next Council meeting. I regret that I am not prepared to report, but I will do so just as soon as possible. I request this Postponement because all of our work during the past two weeks has been taken up with emergency flood protection. I telephoned Mr. Cremer and advised him that a delay was being requested. Respectf ully, Gilbert D. Chavenelle, City Manager Mayor Ludwig moved that the communication be received and filed. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Mayor Ludwig, Council- men Pfohl, Pregler, Schultz. Nays—None. Absent — Councilman McCauley. April 17, 1967 To the Honorable Mayor and City Council Gentlemen: I am returning to you the peti. tion of the Dubuque Packing Com- pany requesting that. Maple and 17th Streets be included in the 1967 paving program. At the time the petition was re- ceived the 1967 program had been formulated and is being presented to you this evening. The program represents construction which will use all of our available funds for 1967. I, therefore, recommend that the request of the petitioner be considered for the 1968 program. Respectfully, Gilbert D. Chavenelle, City Manager Mayor Ludwig moved that the recommendation of the Manager be approved. Seconded by Council. man Schultz. Carried by the follow. ing vote: Yeas — Mayor Ludwig, Council. men Pfohl, Pregler, Schultz. Nays—None. Absent—Councilman McCauley. Apri To the Honorable Mayorl 17, 1967 and City Council Gentlemen: I am returning to you the peti- tion of Charles Davis and Don La- tham requesting the vacation of a portion of the street at 490 Valeria Street. The City Engineering Depart- ment has surveyed the location and find that the house is on the street for an area bounded by a rectangular 2'6" by 13'8'/4" x The City Engineer suggests that when Valeria Street is constructed the travel way could be shifted so as to avoid the projecting building. I, therefore, recommend that the rectangle described above be va- cated and that the petitioners have the area surveyed and submit a plat to the City Solicitor, and that the City Solicitor prepare the prop. ,r proceeding for the vacation and the sale of the plot to the petition- er. Respectfully, Gilbert D. Chavenelle City Manager 7 Special Session, April 17, 1967 173 Councilman Pregler moved that the recommendation of the Man- ager be approved. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Mayor Ludwig, Council- men Pfohl, Pregler, Schultz. Nays—None. Absent—Councilman McCauley. April 5, 1967 Honorable Mayor and City Council Gentlemen: On February 27, 1967, Mrs. Lu- ella Sear of 502 Wilson Avenue, Dubuque, Iowa, filed claim against the City of Dubuque, Iowa, for damages allegedly suffered on January 9, 1967, as the result of a back up sewer. This matter was referred to the appropriate City Agency who made an investigation thereof and re- ported by letter to this office of no liability and in view of the foregoing it is the recommendation of the City Attorney that the claim of Mrs. Luella Sear be denied. Original claim is attached here- to. Yours very truly, R. N. Russo, City Attorney Mayor Ludwig moved that the recommendation of the City Attor- ney be approved. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Mayor Ludwig, Council- men Pfohl, Pregler, Schultz. Nays—None. Absent—Councilman McCauley. April 5, 1967 Honorable Mayor and City Council Gentlemen: On March 3, 1967, Mrs. Vernon Blaser of 1203 Lincoln Avenue, Dubuque, Iowa, filed claim against the City of Dubuque, Iowa, for damages allegedly suffered on or about three weeks prior to March 3, 1967, as the result of a back up of sewer. This matter was referred to the appropriate City Agency who made an investigation thereof and re - Ported by letter to this office of no liability and in view of the foregoing it is the recommendation of the City Attorney that the claim of Mrs. Vernon Blaser be denied. 1 Original claim is attached here- to. Yours very truly, R. N. Russo, City Attorney Mayor Ludwig moved that the recommendation of the City Attor- ney be approved. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Mayor Ludwig, Council- men Pfohl, Pregler, Schuitt. NayQ—None. Absent— Coundiman McCauley. April 6, 1967 Honorable Mayor and City Council Gentlemen: On February 27, 1967, Mrs. Cath- erine Davis of 2854 White Street, Dubuque, Iowa, filed claim against the City of Dubuque, Iowa, for damages allegedly suffered on February 22, 1967, as the result of a back up of sewer. This matter was referred to the appropriate City Agency who made an investigation thereof and re- ported by letter to this office of no liability and in view of the fore- going it is the recommendation of the City Attorney that the claim of Mrs. Catherine Davis be denied. Original claim is attached here. to. Yours very truly, R. N. Russo, City Attorney Mayor Ludwig moved that the recommendation of the City Attor- ney be approved. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Mayor Ludwig, Council- men Pfohl, Pregler, Schultz. Nays—None. Absent—Councilman McCauley. April 7, 1967 Honorable Mayor and City Council Gentlemen: On October 12, 1966, Helen M. Scherrer of 1185 South Grandview Avenue, Dubuque, Iowa, filed claim against the City of Dubuque for injuries allegedly suffered on September 24, 1966, as the result of falling on the driveway adjacent and north of Trenkles in the public parking lot claiming a defective condition thereat. 1 have made an investigation of this matter and have reviewed the medical expenses of the claimant 174 Special Session, April 17, 1%7 and the claimant has made an offer of settlement in the amount of $331.43. It is the recommendation of the City Attorney that the offer of settlement by the claimant in the amount of $331.43 be accepted and the City Auditor be instructed to draw a warrant payable to Helen M. Scherrer and to transit the same to the City Attorney for delivery to claimant upon receipt of a duly executed release. Original claim is attached here- to. Respectfully submitted, R. N. Russo, City Attorney Councilman Pregler moved that the recommendation of the City Attorney be approved. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Mayor Ludwig, Council- men Pfohl, Pregler, Schultz. Nays—None. Absent—Councilman McCauley. April 14, 1967 Honorable Mayor and City Council Gentlemen: On February 14, 1966, original notice with petition attached was served on the City of Dubuque giving notice of an action filed in the District Court of Dubuque County, Iowa, by Raymond Gross and Virginia Gross against the City of Dubuque, Iowa, claiming dam- ages in the amount of $5,000.00 as the result of damages allegedly suffered by the plaintiffs caused by the backup of sewer allegedly occurring on or about August 26, 1965, and thereafter, and that I have made an investigation of this matter and entered the appropri- ate pleadings for and on behalf of the City of Dubuque, Iowa, and have asserted cross claim against other parties in connection with this matter. This case was noted for trial to commence on April 17, 1967, be- fore a jury and in the course of negotiations, plaintiffs made an of- fer of settlement in the amount of $600.00 as contribution toward the settlement of said cause by all the parties in interest. It is the recommendation of the City Attorney that said offer of settlement in the amount of $600.. 00 be accepted and the City Aud. itor be instructed to draw a war- rant payable to Raymond J. Gross and Virginia Gross and their at- torney in the amount of $600.00 and transit same to the City Attor- ney for delivery upon receipt of duly executed release and dismis- sal of the above entitled cause with prejudice at no cost assessed to the City. Original notice with petition at- tached and respective claims of the said Raymond Gross are herewith returned. Respectfully submitted, R. N. Russo, City Attorney Councilman Pfohl moved that the recommendation of the City Attorney be approved. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Ludwig, Council- men Pfohl, Pregler, Schultz. Nays—None. Absent—Councilman McCauley. Notice of claim of Mrs. Cather- ine M. Poire, in the amount of $45,000 for personal injuries re- ceived as the result of a fall, be- tween the sidewalk and curb at 483-485 Locust Street, on March 7, 1967, presented and read. Council- man Pfohl moved that the notice of claim be referred to the City Solicitor for investigation and re- port. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Mayor Ludwig, Council- men Pfohl, Pregler, Schultz. Nays—None. Absent—Councilman McCauley. Notice of Suit of Harriet M. Kortmeyer, in the amount of $7,000. for personal injuries re- ceived in a fall due to accumula- tion of ice and snow at 691 W. 3rd Street on January 14, 1967, pre- sented and read. Councilman Pfohl moved that the notice of suit be re- ferred to the City Solicitor for in- vestigation and report. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Mayor Ludwig, Council- men Pfohl, Pregler, Schultz. Nays—None. Absent—Councilman McCauley. Notice of Suit of Margaret Rooney, in the amount of $2500. for personal injuries received in a fall due to a defective sidewalk at Karigan's Restaurant on Central Special Session, April 17, t % 177 his favorable recommendation, I am enclosing for your considera- tion an ordinance authorizing the construction of the wall. Respectfully submitted. Gilbert D. Chavenelle City Manager Councilman Pregler moved that the communication be received and filed. Seconded by Councilman Schultz. Carried by the following vote: Yeas --Mayor Ludwig, Council men Pfohl, Pregler, Schultz. Nays—None. .Absent --Councilman McCauley. ORDINANCE NO. 19.67 An ordinance authorizing St. Joseph's Church to construct a retaining wall on Stetmore and St. Joseph Street, presented and read. Councilman Pregler moved that the reading just had be considered the first reading of the Ordinance. Seconded by Mayor Ludwig. Car- ried by the following vote: Yeas—Mayor Ludwig, Council- men Pfohl, Pregler, Schultz. Nays—None. Absent—Councilman McCauley. Councilman Pregler moved that the rule requiring an Ordinance to be read on three separate days be waived. Seconded by Mayor Ludwig. Carried by the following vote: Peas—Mayor Ludwig, Council- men Pfohl, Pregler, Schultz. Nays,—None. Absent—Councilman McCauley. ORDINANCE NO. 19-67 AN ORDINANCE AUTHORIZING ST. JOSEPH'S CHURCH TO CONSTRUCT RETAINING WALL ON STETMORE AND ST JOSEPH STREETS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DU- BUIUE, IOWA: Sect on 1. That St. Joseph's Church as owners of the Premises known as 90 South Algona—Lot 23 Sisters Addn. In the City of Dubuque be. and they are hereby granted the revocable license and authority to construct and maintain a retaining wall on Stetmore and St. Jo- seph streets, under the term, and con. dltir—, or forte In this Ordlnrnee Section t That such construction shall be clone in accordance with plans here- to -fore submitted by permittees and BPI Proved by City Manager, under the su- Pervislon and direction of the City Manager,and In accordance with all applicable state and fed(•ral laws and regulations, and the ordinances of the City of Dubuque Section 3. That the permission herrin granted is expressly conditioned on permittees agreement 1o' (a) Assume any and all liability for damages to persons or property which may result from the ex- Istence, construction or mainten- ance of Bald retaining wall. (b) To pay on behalf of the City of Dubuque all sums which the City of Dubuque shall become obligated to pay by reason of the liability for damapPs ofh any kind rresulting from the existence, construction or maintenance of said retaining wall, sustained by any person or Per- sons, caused by accident or other- wise to defend at its Own expense and on behalf of said City any claim against the City of Dubuque arising out of the existence, con- struction or maintenance of re- taining wall. Section 4. That the Permission herein granted is expressly conditioned upon permittees furtheragreement that should the right and girl vilege herein granted berescinded or revoked by the City Council, Permittees, or their successors ininterest, as owners of the abutting Property, shall within thirty (30) days after receipt of written notice from the City Manager, so to do ,at their own expense, remove said retaining wall, and in the event of their failure so to do, the City of Dubuque shall be authorized to remove said retaining wall at per. mittees expense and dispose of the same, and the permittees shall have no claim against the City or its agents for dam- ages resulting from the removal of said retalning wall. Section S. This Ordinance shall become effective and the rights hereunder ac- crue to St. Joseph's Church when this Ordinance has been adopted by the City Council and the terms and conditions lherecf accepted by Permittees by ac- ceptance endorsed on this Ordinance. Passed, adopted and approved this 17th day of April, A D. 1967, . Walter A. Pregler Merlin F. Schultz Eldon A. Pfohl Councilmen Attest: Lea F. Frommelt City Clerk ACCEPTANCE OF ORDINANCE N0. 19-67 The undersigned having read and being familiarwith the terms and conditions of Ordinance No. 19.67 hereby, for them- selves, their successors or assigns, as owners of the abutting property, accept the same and agree to be bound by the conditions and agreements therein con- tained to beperformed by permittees. Dated April 2.5, 1967. . _. Vice -President Published 0" clally in The Telegraph - Herald New. this 28th day of April 1967. Leo F. Frommelt City Clerk. It 4.28 Councilman Pregler moved adop- tion of the Ordinance. Seconded by Mayor Ludwig. Carried by the following vote: Yeas—Mayor Ludwig, Council- men Pfohl, Pregler, Schultz. Nays --None. Absent—Councilman McCauley. Petition of Knights of Columbus Council No. 510, requesting per- mission to hold a parade on May 1, 1967, in conjunction with fes• tivities for the State convention, presented and read. Councilman 11fohl moved that the petition be granted subject to approval of the Mayor and City Manager. Second- ed by Mayor Ludwig. Carried by the following vote: Council - Yeas --Mayor Ludwig, Council- men Pfohl, Pregler, Schultz. Nays --None. Absent --Councilman McCauley. 178 Special Session, April 17, 1967 Petition of Pearl Musselman et al (12 signers) requesting comple- tion of surfacing of Dexter Street, presented and read. Mayor Ludwig moved that the petition be re- ferred to the City Manager and Engineering Department for inves- tigation and report. Seconded by Councilman Schultz. Carried by the following vote: Yeas—Mayor Ludwig, Council- men Pfohl, Pregler, Schultz. Nays—None. Absent—Councilman McCauley. Petition of Peoples Natural Gas requesting permission to excavate on University Ave. near Wilson Avenue, presented and read. Councilman Pfohl moved that the petition be granted subject to ap- proval of the City Engineer. Sec- onded by Councilman Pregler. Car- ried by the following vote: Yeas—Mayor Ludwig, Council- men Pfohl, Pregler, Schultz. Nays—None. Absent—Councilman McCauley. Petition of E. J. Voggenthaler Co., & Leona L. Voggenthaler Es- tate requesting adoption of a res- olution and authorize conveyance of south half of portion of alley abutting their property at East 7th Street, presented and read. Councilman Pregler moved that the petition be referred to the City Solicitor for proper proceed- ings. Seconded by Councilman Pfohl. Carried by the following vote: Yeas—Mayor Ludwig, Council- men Pfohl, Pregler, Schultz. Nays—None. Absent—Councilman McCauley. Petiton of Peoples Natural Gas requesting permission to excavate on Green Street, presented and read. Councilman Schultz moved that the petition be granted sub- ject to approval of the City En- gineer. Seconded by Councilman Pfohl. Carried by the following vote: Yeas—Mayor Ludwig, Council. men Pfohl, Pregler, Schultz. Nays—None. Absent—Councilman McCauley. Petition of Elizabeth Stotlar re- questing a refund of $50. on the unexpired portion of Class B beer leense No. 97, as she has discon. tinued business on November 1, 1966, presented and read. Coun- cilman Pregler moved that the petition be granted and the Audi- tor instructed to issue proper warrant. Seconded by Councilman Pfohl. Carried by the following vote: Yeas—Mayor Ludwig, Council- men Pfohl, Pregler, Schultz. Nays—None. Absent—Councilman McCauley. Petition of Valetta Shannon re- questing a refund of $150. on the unexpired portion of Class B Beer license No. 10, as she had discon- tinued business on April 3, 1967, presented and read. Councilman Pregler moved that the refund be granted and the Auditor instruct- ed to issue proper warrant. Sec- onded by Councilman Pfohl. Car- ried by the following vote: Yeas—Mayor Ludwig, Council- men Pfohl, Pregler, Schultz. Nays—None. Absent—Councilman McCauley. April 6, 1967 To the Honorable Mayor and Members of the City Council Gentlemen: Attached is a lease agreement with the Illinois Central Railroad Company covering the rental of space in the I.C. freight house, on the second floor consisting of 3100 square feet to be used as a control center during the flood emergency. The lease is for a Period of one month from April 1, 1967 to April 30, 1967, for the sum of $25.00. I recommend that the Mayor and City Clerk be authorized to execute the lease on behalf of the City. Respectfully submitted, Gilbert D. Chavenelle City Manager Councilman Schultz moved that the recommendation of the City Manager be approved. Seconded by Councilman Pfohl. Carried by the following vote: Yeas—Mayor Ludwig, Council- men Pfohl, Pregler, Schultz. Nays—None. Absent—Councilman McCauley. RESOLUTION NO. 79-67 BE IT RESOLVED BY THE CITY OF DUBUQUE, IOWA, that the Mayor and City Clerk are here- by authorized to execute a LEASE AGREEMENT dated April 3, 1967, Sywvial Session. April 17, 1967 179 with the Illinois Central Railroad Company, a copy of which is here- by attached, for rental of space in the Illinois Central Freight House. second floor consisting of an area 3100 sq. ft. more or less including entrance and stairway. lxssee agrees to furnish his own light. heat, water and telephone at its own expense Without cost to Lessor. BE IT FL'RnTER RESOLVED that a certified copy of this reser lution be submitted to the Illinois Central Railroad Company. Richard Ludwig Mayor Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler Councilmen Attest: Leo F. Frommelt. City Clerk 11, Leo F. Frommelt. City Clerk of City of Dubuque, Iowa, do here- by certify the foregoing to be a true and correct copy of a resolu- tion adopted by said City of Du- buque, Iowa, at a special meeting on April 17. 1967: that said resolu- tion is still in effect; that the LEASE referred to therein, at- tached thereto, is in the form presented to said meeting and in the form executed. Witness the sea] of said City of Dubuque, Iowa, and my signa- ture this 17th day of April 1967. Leo F. Frommelt City Clerk Mayor Ludwig moved adoption of the resolution. Seconded by Councilman Schultz. Carried by the following vote: Yeas—Mayor Ludwig, Council- men Pfohl, Pregler, Schultz. Naps—gone. Absent --Councilman McCauley. RESOLUTION NO. 80-67 Resolution ratifying and con- firming the private "Becker Sub- division" in the City of Du- buque Dubuque County, Iowa. WHEREAS, on the 7th day of November, 1966, the City Council passed, adopted and approved Resolution No 313G6 being a resp. lution approving the plat of "Becker Subdivision" in the City of Dubuque, Iowa; and WHEREAS, the discrepancy in the description of the real estate appears in the preamble and in the body of said resolution: and WHEREAS, said discrepancy should be resolved. NOW THEREFORE Be It Re. solved by the City Council of City of Dubuque, Iowa; Section 1. That the plat of the Subdivision of Lot 1 of Lot 1 of Lot 1 of Lot I of Lot 1 of Lot 2 of Lot 1 of Mineral Lot 370 in the City of Dubuque, Iowa. known as "Becker Subdivision" as set out in Section 2 of Resolution No. 313-66 of the City of Dubuque, Iowa, is hereby ratified and confirmed to be the correct description of said real estate and said Resolution No. 313-66 in all other respects be and the same is hereby ratified and confirmed. Passed, adopted and approved this 17th day of April, 1967. Richard Ludwig Mayor Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler 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 Ludwig, Council- men Pfohl, Pregler, Schultz. Nays—None. Absent—Councilman McCauley. RESOLUTION NO. 81.67 Resolution Approving Plat of Sears -Roebuck & Co. Subdivision No. 2. WHEREAS there has been filed with the City Clerk a plat in which Sears -Roebuck & Co. Subdivision No. 2, in the City of Dubuque, Iowa, is platted as Lot 1 and Lot 2 of Subdivision of Sears -Roebuck & Co. Subdivision No. 2, in the City of Dubuque, Iowa, and WHEREAS said plat has been examined by the City Council and they find the same conforms to the Statutes and Ordinances relat- ing thereto; NOW, THEREFORE, Be It Re- solved by the City Council of the (,ity of Dubuque, Iowa: Section 1. That the above de. is scribed pla hereby all roveda andththcsaMayor 180 Special Session, April 17. 1967 and Clerk be and they are here- by authorized and directed to en- dorse the approval of the City up- on said plat. Passed, adopted and approved this 17th day of April A.D., 1967. Richard Ludwig Mayor Merlin F Schultz Eldon A. Pfohl Walter A. Pregler Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pfohl moved adop- tion of the resolution. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Mayor Ludwig, Council- men Pfohl, Pregler, Schultz. Nays—None. Absent—Councilman McCauley. Proof of Publication, certified to by the Publisher, of notice of public hearing to consider pro- posal to dispose of Lot 2 of the Subdivision of Sear's Roebuck & Co. Sub. No. 2 also Lot 2 of Block 15 and Lot 4 of Block 14, all in Riverfront Sub. No. 3, to Frommelt Building Corporation, presented and read. No written objections were filed and no oral objectors were pres- ent in the Council Chamber at the time of the public hearing. Councilman Pfohl moved that the proof of publication be re- ceived and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Ludwig, Council. men Pfohl, Pregler, Schultz. Nays—None. Absent—Councilman McCauley. RESOLUTION NO. 8267 WHEREAS, pursuant to resolu- tion and published notice of time and place of hearing, published in the Telegraph-Herald,a newspaper, of general circulation published in the City of Dubuque, Iowa, on March 23, 1967 and on March 30, 1967, City Council of Dubuque, Iowa, met on the 17th day of April, 1967 at 7:30 o'clock P.M. in the City Council Chamber in the City Hall, Dubuque, Iowa, to con- sider the proposal to dispose of certain real estate at which hear. ing all interested persons were af- forded an opportunity to be heard for or against such proposal and which real estate is described as follows, to wit: Lot 2 of the Subdivision of Sear's Roebuck & Co. Subdi- vision No. 2 in the City of Du- buque, Iowa, containing ap- proximately .35 acres in the City of Dubuque, Iowa; and WHEREAS, City Council of Du- buque, Iowa, overruled any and all objections, oral or written, to the proposal to dispose of the in- terest of the City of Dubuque, Iowa, in the above described real estate to FROMMELT BUILDING CORPORATION for the sum of Thirty -Five Hundred ($3,500.00) Dollars per acre plus costs of pub- lication. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF CITY OF DUBUQUE, IOWA: Section 1. That the disposal of the interest of City of Dubuque, Iowa in and to the following de- scribed real estate: Lot 2 of the Subdivision of Sear's Roebuck & Co. Subdi- vision No. 2 in the City of Du- buque, Iowa, containing ap- proximately .35 acres in the City of Dubuque, Iowa, to FROMMELT BUILDING CORP- ORATION for the sum of $3,500.00 per acre plus costs of publication, be and the same is hereby approv- ed. Section 2. That the Mayor and City Clerk are hereby authorized and directed to execute Quit Claim Deed of City of Dubuque, Iowa, conveying to FROMMELT BUILD- ING CORPORATION, all of its rights, title and Interest in and to the real estate hereinabove de- scribed, subject however, to the following terms and conditions: a) Frommelt Building Corporation shall erect and construct a build- ing not less than 12,600 square feel within twelve months of date of delivery of deed convey- ing the property hereinabove de- scribed by City of Dubuque, Iowa, to Frommelt Building Corporation; b) That the construction of the building and use of said premis- es by Frommelt Building Corp- oration shall be in accordance with the City of Dubuque Ordin- i i Special Session, April 17, 1967 181 ance No. 3-34 known as the Zon- ing Ordinance and Zoning Map of the City of Dubuque, Iowa, as amended by Ordinance No. 33- 59, establishing and defining "re- stricted industrial district"; c) That in the event Frommelt Building Corporation fails to commence construction of a manufacturing facility within one year of the date of delivery of deed, then in such event title to said real estate shall revert to City of Dubuque, Iowa, and the purchase price less damages accruing to the City of Dubu- que, Iowa, shall be refunded to the Frommelt Building Corpora- tion; d) That the City of Dubuque, Iowa, reserves and retains and accepts unto itself perpetual easements in and to said real estate cover- ing any utility presently install- ed or located in said real estate hereinabove described and with the right of ingress and egress therefrom for the purposes of maintenance, repair and inspec- tion of same; e) That the conveyance herein pro- posed to be made in expressly conditioned upon Frommelt Building Corporation continuing to lease that portion of Sear's Roebuck & Co. Subdivision No. 2 in the City of Dubuque, Iowa, un- der and by virtue of one certain written lease dated August 2, 1965, subject however to the rental being reduced proportion- ately for that portion of said leased premises proposed to be conveyed to Frommelt Building Corporation; f) Frommelt Building Corporation materially represents that it un- derstands, acknowledges and agrees that if a portion or all of the premises proposed to be con- veyed shall be required for the erection and construction and maintenance of a highway or piers or columns supporting the same, that upon written notice from City of Dubuque, Iowa, notifying Frommelt Building Corporation of the location of said proposed highway or piers or columns supporting the same that the said Frommelt Building Corporation shall remove any or all improvements made on the property proposed to be convey- ed at no cost to the City, that the said Frommelt Building Corporation shall not be entitled to nor shall it claim damages for such removal as a public taking but that same is a specific condi- tion of grant presently contem- plated and agreed upon by the City of Dubuque, Iowa, and Frommelt Building Corporation, and that such portion or all of the premises herein proposed to be conveyed to Frommelt Build- ing Corporation shall be recon- veyed to the City of Dubuque, Iowa, upon written notice and demand therefor for such stated purpose and that the City of Du- buque, Iowa, shall reimburse Frommelt Building Corporation at the same price Frommelt Building Corporation shall pay for said real estate or any pro rata portion thereof. Frommelt Building Corporation materially represents, acknowledges and agrees that in the event of the location of said highway or the piers or columns supporting the same in any way interfere or ad- versely affect the right of ac- cess or the easement right to light, air and view as pertain to the property herein proposed to be sold, that Frommelt Build- ing Corporation agrees to waive any and all claims for damages or injuries to property therefor. Frommelt Building Corporation further materially represents and agrees that the proposal to convey to Frommelt Building Corporation under the foregoing terms and conditions is at the instance and request of said Frommelt Building Corporation. This provision shall be construed as a covenant running with the land and shall be binding upon the successors and assigns of Frommelt Building Corporation, and to deliver said Deed upon receipt of the purchase price of $3500.00 per acre and receipt of payment of costs of publication. Section 3. That the City Clerk be and he is hereby authorized and directed to record a certified copy of this Resolution in the office of the Dubuque County Recorder in and for Dubuque County, Iowa, im- mediately after delivery of Deed to purchaser. 182 Special Session, April 17, 1967 Passed, adopted and approved this 17th day of April, 1967. Richard Ludwig Mayor Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler Councilmen Attest: Leo F. Frommelt, City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Mayor Ludwig. Carried by the fol - :owing vote: Yeas—Mayor Ludwig, Council- men Pfohl, Pregler, Schultz. Nays—None. Absent—Councilman McCauley. RESOLUTION NO. 83.67 WHEREAS, pursuant to resolu- tion and published notice of time and place of hearing, published in the Telegraph-Herald,a newspaper of general circulation published in the City of Dubuque, Iowa, on March 23, 1967 and on March 30. 1967, City Council of Dubuque. Iowa, met on the 17th day of April 1967, at 7:30 o'clock P.M. in the City Council Chamber in the City Hall, Dubuque, Iowa, to consider the proposal to dispose of certain real estate at which hearing all in- terested persons were afforded an opportunity to be heard for or against such proposal and which real estate is described as follows, to wit: Lot 2 of Block 15 and Lot 4 of Block 14, all in Riverfront Subdivision No. 3 in the City of Dubuque, Iowa, containing approximately 2.78 acres; and WHEREAS, City Council of Du- buque, Iowa, overruled any and all objections, oral or written, to the proposal to dispose of the in- terest of the City of Dubuque, Iowa, in the above described real estate to FROMMELT BUILDING CORP. ORATION for the sum of Thirty - Five Hundred ($3,500.00) Dollars Per acre plus costs of publication. NOW THEREFORE BE IT RE. SOLVED BY THE CITY COUNCIL OF CITY OF DUBUQUE, IOWA: Section I. That the disposal of the interest of City of Dubuque, Iowa in and to the following de• scribed real estate: Lot 2 of Block 15 and Lot 4 of Block 14, all in Riverfront Subdivision No. 3 in the City of Dubuque, Iowa, containing approximately 2.78 acres, to FROMMELT BUILDING CORP- ORATION for the sum of $3,500.00 per acre plus costs of publication, be and the same is hereby approv- ed. Section 2. That the Mayor and City Clerk are hereby authorized and directed to execute Quit Claim Deed of City of Dubuque, Iowa, conveying to FROMMELT BUILD- ING CORPORATION, all of its rights, title and interest in and to the real estate hereinabove de- scribed, subject however, to the following terms and conditions: a) Frommelt Building Corporation shall erect and construct a build- ing not less than 10,560 square feet within twelve months from date of deed conveying the prop- erty hereinabove described by City of Dubuque, Iowa, to From - melt Building Corporation; b) That the construction of the building and use of said prem- ises by Frommelt Building Corp- oration shall be in accordance with City of Dubuque Ordinance No. 3-34 known as the Zoning Ordinance and Zoning Map of the City of Dubuque, as amend- ed, by Ordinance No. 33-59, es- tablishing and defining "restrict- ed industrial district"; O That. in the event Frommelt Building Corporation Tails to commence construction of a manufacturing facility within one year of the date of delivery of deed, then in such event title to said real estate shall revert to City of Dubuque, Iowa, and the purchase price less damages accruing to the City of Dubuque, Iowa, shall be refunded to the Frommelt Building Corporation; d) That the City of Dubuque, Iowa, reserves and retains and excepts unto itself a perpetual easement in and to the 20 feet at the north- westerly end of said Lot 2 of Block 15 for the location, instal- lation, maintenance and repair of a storm sewer together with the right of ingress thereto and egress therefrom for the pur- pose of repair, maintenance and inspection of same and that the premises conveyed shall be sub- ject to a perpetual easement for i i Special Session, April 17, 1967 183 the 48 -inch storm sewer present- ly located 32 feet southwesterly from and parallel to the north- east property line of said Lot 2 of Block 15 together with the right of ingress and egress there- from for the purpose of construc- tion, repair, and maintenance of said storm sewer. and to deliver said Deed upon re- ceipt of the purchase price of $3500.00 per acre and receipt of payment of costs of publication. Section 3. That the City Clerk be and he is hereby authorized and directed to record a certified copy of this Resolution in the office of the Dubuque County Recorder in and for Dubuque County, Iowa, immediately after delivery of Deed to purchaser. Passed, adopted and approved this 17th day of April, 1967. Richard Ludwig Mayor Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler Councilmen Attest: Leo F. Frommelt, City Clerk Mayor Ludwig moved adoption of the resolution. Seconded by Councilman Pfohl. Carried by the following vote: Yeas — Mayor Ludwig, Council- men Pfohl, Pregler, Schultz. Nays — None. Absent — Councilman McCauley. April 17, 1967 Honorable Mayor and Council Members Gentlemen: The City Planning and Zoning Commission has reviewed the final plat of Marycrest Subdivision num- ber 2. The Commission has found that the plat meets the minimum requirements of the subdivision regulations, that it is an appropri- ate desgn for the area and that it does not adversely affect abut- ting properties. It 9s the recommendation of the Commission that the plat be approved. Respectfully submitted, Don Gilson, Director of Planning Mayor Ludwig moved that the recommendation of the Planning & Zoning Commission be approved. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Mayor Ludwig, Council- men Pfohl, Pregler, Schultz. Nays — None. Absent — Councilman McCauley. RESOLUTION NO. 84-67 Resolution approving the plat of Lots 10-18 Block 5 and lots 2.14 Block b Marycrest Subdivision No. 2 in the City of Dubuque, Iowa Whereas, there has been filed with the City Clerk a plat in which; Lot 1-1 of "A" Marycrest Sub- division No. 2 in the City of Dubuque, Iowa, is platted as Lots 10.18 Block 5 and Lots 2- 14 Block 6 of Marycrest Sub- division No. 2 in the City of Dubuque, Iowa, by George A. Saffran, as Owner thereof, and Whereas said plat has been ex- amined by the City Planning and Zoning Commission and approved by said body, and Whereas upon said plat appears street known as Balboa Drive and also public utility easements which the Owner upon said plat has dedi- cated to the public forever, and Whereas, said plat has been found by the City Council to con- form to the Statutes and Ordinan. ces relating thereto except that the street has 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 Balboa Drive, together with easements for public utilities, all the same as appears upon said plat, be and the same are hereby accept- ed and that said street is hereby established as a public street in the City of Dubuque; Section 2. That the plat of the Subdivision of Lot 1-1 of "A" Mary. crest Subdivision No. 2 in the City of Dubuque, Iowa, to be hereafter known as Lots 10.18 Block 5 and Lots 2.14 Block 6 of Marycrest Sub- division No. 2 in the City of Du- buque, Iowa, is hereby approved and the Mayor and Clerk are here. by authorized and directed to en- 184 Special Session, April 17, 1967 dorse the approval of the City of Dubuque upon said plat, providing the owner of said property herein- before named, executes written ac. ceptance hereto attached, agree- ing: a. To reduce Balboa Drive to grade as shown on the profiles submitted with this plat; b. To surface Balboa Drive for a width of 31 feet with Bituminous Concrete Paving and concrete curb and gutter. All of the foregoing shall be constructed according to the latest City of Dubuque specifi- cations. c. To install sidewalks on both sides of Balboa Drive in accord- ance with the City of Dubuque Standard Specifications for Perm- anent Sidewalks. d. To install water mains in ac- cordance with plans submitted with this plat. e. To install storm and sanitary sewers in accordance with plans as submitted with this plat. f. To install sanitary sewer and water house laterals for each lot to the property line. g. To construct the foregoing improvement in accordance with plans and specifications approved by the City Manager and under the inspection of the City Engi. neer. h. To maintain the Street im- provements for a period of four (4) years from date of acceptance and to maintain the water mains and sanitary sewers for a period of four (4) years from the date of its acceptance. 1. To provide the foregoing con- struction and maintenance at the expense of the Owner. j. To construct said improve- ments except sidewalks prior to November 30, 1968. k. To construct sidewalks prior to November 30, 1969. and further provided that George A. Saffran as Owner thereof, of said subdivision secure the per- formance of the foregoing condi. tions by providing security in such sums and with such sureties as may be acceptable to the City Manager; Section 3. That in the event that said George A. Saffran, shall fail to execute the acceptance and pro. vide security provided 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 be effective. Passed, adopted and approved by recorded roll call vote this 17th day of April, A.D., 1967. Richard Ludwig Mayor Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler Councilmen Attest: Leo F. Frommelt, City Clerk To Leo F. Frommelt, City Clerk This is to certify that the secur- ity required by the foregoing Reso- lution 84-67 has been provided by the Owner. Dubuque, Iowa May 2, 1967. Gilbert D. Chavenelle, City Manager ACCEPTANCE OF RESOLUTION NO. 84-67 George A. Saffran, having read the terms and conditions of the foregoing Resolution 84-67 and be- ing familiar with the contents thereof hereby accept the same and agree to perform the condi- tions therein required. George A. Saffran Dated: April 18, 1967 Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Mayor Ludwig, Council- men Pfohl, Pregler, Schultz. Nays—None. Absent — Councilman McCauley. April 17, 1967 To the Honorable Mayor and City Council Gentlemen: I am enclosing for your consid- eration an amendment to Resolu- tion 92-66. Resolution 92-66 stipulated con- crete paving for Cortez Drive and Balboa Drive. The resolution should have read "Concrete Curb and Gutter and 8 -inch Rolled Stone Base with a 2% -inch Hot Mix -Hot Laid Bituminous Surfac- ing." I recommend the amendment. Respectfully submitted, Gilbert D. Chavenelle City Manager i i Special Session, April 17, 1967 185 Mayor Ludwig moved that the recommendation of the City Man- ager be approved. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Ludwig, Coun- cilmen Pfohl, Pregler, Schultz. Nays—None. Absent—Councilman McCauley. RESOLUTION NO. 85-67 Resolution amending Resolution No. 92-66. A Resolution approv- ing Lots S through 9, Block 1. Lots 30 through 43, Block 2, Lots 1 through 9 Block 5, Lot 1 Block 6, of Marycrest Subdivision No. 2 in the City of Dubuque, Iowa. Whereas, on April 4, 1988 the City Council, City of Dubuque adopted Resolution No. 92-88 ap- proving: Lot 5 through 9 Block 1, Lots 30 through 43 Block 2, Lots 1 through 9 Block 5, Lot 1 of Block 6, of Marycrest Subdivi- sion No. 2 in the City of Du- buque, Iowa, and: Whereas, through error, Section 2 Part B read—to surface Cortez Drive and Balboa Drive for width of 31 feet with Portland Cement Concrete Pavement and Integral Curb. All of the foregoing shall be constructed according to the latest City of Dubuque specifications, and: Whereas, Section 2 Part B should read as follows—to surface Cortez Drive and Balboa Drive for a width of 31 feet from back to back of curb with Concrete Curb and Gut- ter and 8 inch Rolled Stone Base with a 2% inch Hot Mix -Hot Laid Bituminous surfacing. All of the foregoing shall be constructed ac- cording to the latest City of Du- buque specifications, and: Whereas, the City Council deems it to be the best interest of the City of Dubuque to amend said Resolution No. 92-88 to correct the reading of Section 2 Part B. Now Therefore Be It Resolved by the City Council of the City of Dubuque, Iowa that Resolution No. 92.88 of the City Council of the City of Dubuque be amended to read as follows: RESOLUTION NO. 92.66 Whereas, Section 2 Part B to sur- face Cortez Drive and Balboa Drive for a width of 31 feet from back to back of curb with Concrete Curb and Gutter and 8 -inch Rolled Stone Base with a 2% -inch Hot Mix -Hot Laid Bituminous Surfac- ing. urfaceing. All of the foregoing shall be constructed according to the latest City of Dubuque specifications. That the City Clerk being he is hereby authorized and directed to make and certify a transcript of this Resolution and file the same for record in the office of the Re- corder of Dubuque, Iowa. Passed, adopted and approved this 17th day of April, 1967. Richard Ludwig Mayor Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler 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 Ludwig, Council- men Pfohl, Pregler, Schultz. Nays—None. Absent—Councilman McCauley. March 30, 1967 To The Honorable Mayor and City Council Gentlemen: The Helly Lane Sanitary Sewer has been completed by Saffran Construction Co. of Dubuque, Iowa, in accordance with plane and speel, fications. I, therefore, recommend the ac- ceptance of the improvement. bt. Respectfully Gilbert D. Chavenelle City Manager Councilman pfohl moved that the recommendation of the City Manager be approved. Seconded by Mayor Ludwig. Carried by the fol- lowing vote: Coun Yeas — Mayor Ludwig, cilmen Pfohl, Pregler, Schultz. Nays—None. Absent—Councilman McCauley. FINAL ESTIMATE RESOLUTION NO. a6,67 WHEREAS, the contract for the Construction of an eight inch (8") sanitary sewer from the Catfish Creek Sanitary Sewer southerly to Kelly Lane then east and west in Kelly Lane with the westerly end at the E.P.L. Fremont Avenue and 1$6 Special Session. April 17, 1967 the easterly end at Lot 1-10, Block 1 of Henschel's Highlands Sub- division has been completed and the City Engineer has submitted his final estimate showing the cost thereof including the cost of esti- mates, notices, inspection, and pre- paring the assessment and plat, now therefore, BE IT RESOLVED, by the City Council of the City of Dubuque, That the cost of said improve- ment is hereby determined to be $33,684.61. That $31,947.61 of the cost there- of shall be assessable upon private property and $1,737.00 shall be paid from the 16211 Fund of the City of Dubuque. Passed, adopted and approved this 17th day of April, 1967. Richard Ludwig Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler Councilmen Attest: Leo F. Frommelt, City Clerk Mayor Ludwig moved adoption of the resolution. Seconded by Councilman Schultz. Carried by the following vote: Yeas—Mayor Ludwig, Council. men Pfohl, Pregler, Schultz. Nays—None. Absent — Councilman McCauley. (A Resolution Accepting Improve. ment and Directing the Clerk to PubiM Notice.) RESOLUTION NO. 8767 WHEREAS, the contract for the Construction of an eight inch (8") sanitary sewer from the Catfish Creek Sanitary Sewer southerly to Kelly Lane then east and west in Kelly Lane with the westerly end at the E.P.L. Fremont Avenue and the easterly end at Lot 1.10, Block 1 of Henschels Highlands Subdivision has been completed and the City Manager has examin. ed the work and filed his certifi. cate stating that the same has been completed according to the terms of the contract, plans and specifica- tions and recommends its accept. ance, now therefore, BE IT RESOLVED, by the City Council of the City of Dubuque, that the recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted and the City Engineer be and is hereby directed to prepare a plat and schedule showing the lots or parcels of real estate subject to assessment for said improvement and file the same in the office of the City Clerk subject to public inspec- tion and said Clerk shall upon re- ceipt of such plat and schedule publish the notice of the Council's intention to levy special assess. ments therefor, as required by law. BE IT FURTHER RESOLVED, that the City Treasurer be and he is hereby directed to pay to the contractor from the funds to be realized from the sale of Sewer bonds issued upon the above de. scribed improvement in amount equal to the amount of his con. tract, less any retained percentage provided for therein, Passed, adopted and approved this 17th day of April, 1967. Richard Ludwig Mayor Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler Councilmen Attest: Leo F. Frommelt, City Clerk Mayor Ludwig moved adoption of the resolution. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Mayor Ludwig, Council. men Pfohl, Pregler, Schultz. Nays—None. Absent --Councilman McCauley. March 23, 1967 To the Honorable Mayor and City Council Gentlemen: I hereby submit the attached Sheets No. 1 to 6 inclusive showing a schedule of the proposed valua- tions and assessments for the City of Dubuque 1967 Concrete Curb & Gutter Project No. 1. Submitted April 17, 1967. Respectfully submitted, John L. White City Engineer Mayor Ludwig moved that the communication be received and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Ludwig, Council- men Pfohl, Pregler, Schultz. Nays—None. Absent—Councilman McCauley. Special Session, April 17, 1%7 187 RESOLUTION NO. 88-67 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE, IOWA: Section 1. That the attached Sheets No. 1 to 6 inclusive are hereby determined to be the schedule of proposed assessments for the City of Dubuque 1967 Curb and Gutter Project No. 1 and the valuations set out therein are here- by approved. Richard Ludwig Mayor Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler Councilmen Attest: Leo F. Frommelt, City Clerk Mayor Ludwig moved adoption of the resolution. Seconded by Councilman Pregler. Carried by the following vote. Yeas — Mayor Ludwig, Council- men Pfohl, Pregler, Schultz. Nays — None. Absent ---- Councilman McCauley. RESOLUTION NO. 89.67 Approval of Preliminary Esti- mate, specifications, forms of contract, plat and all other docu- ments for City of Dubuque 1967 Concrete Curb and Gutter Proj- ect No. 1, on the following named streets: 1. Farragut Street, from the W.P. L. of Kerper Boulevard to the W.P.L. of the alley between Kerper Boulevard and Garfield Avenue. 2. Perry Street, from the alley west of Grandview Avenue to the E.P.L. of Rider Street. 3. Rockdale Road from the S.P.L. of Grandview Avenue to the southerly City Corporation Lim- its. 4. Flora Park from the N.P.L. of Pennsylvania north 200' along the W.P.L. of Flora Park, in an estimated amount of $34,. 231.15, presented and read. Coun- cilman Pregler moved adoption of the resolution. Seconded by Coun- cilman Schultz. Carried by the fol- lowing vote: Yeas — Mayor Ludwig, Council- men Pfohl, Pregler, Schultz. Nays—None. Absent --Councilman McCauley. (Necessity for Improvement) RESOLUTION NO. 90.67 WHEREAS, proposed plans, spec- ifications, form of contract, plat and schedule have been duly pre- pared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk showing among other things the following: 1. The streets to be improved. 2. The width of such improve- ment. 3. Each lot proposed to be as- sessed together with a valuation fixed by the council. 4. 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. 5. In each case the amount there- of which is estimated to be as- sessed against each lot, for the City of Dubuque, 1967, Con- crete Curb and Gutter Project No. 1 on the following streets: 1. Farragut Street from the W.P. L. of Kerper Boulevard to the W.P.L. of the alley between Kerper Boulevard and Garfield Avenue. 2. Perry Street from the alley west of Grandview Avenue to the E.P.L. of Rider Street. 3. Rockdale Road from the S.P.L. of Grandview Avenue to the southerly City Corporation Lim- its. 4. Flora Park from the N.P.L. of Pennsylvania Avenue north 200' along the W.P.L. of Flora Park. BE IT THEREFORE RESOLVED that the City Council on its own motion or upon petition of prop. erty owners, deems it advisable and necessary for the public wel- fare to make the herein mentioned improvement, and unless property owners at the time of the final consideration of this proposed res- olution have on file with the City Clerk objections to the amount Of the proposed assessments, they shall be deemed to have waived all objections thereto. Said improvements shall be con- structed and done in accordance with the plans and specifications which have been prepared ewhich fore by the City Eng' 188 Special Session, April 17, 1967 have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said improve- ment will be assessed upon and against all privately owned prop- erty lying within assessable dis- tance provided by law and in an amount not to exceed the amount provided by law, property will be assessed whether the same abuts thereon or is adjacent thereto ac- cording to area and in proportion to the special benefits conferred thereby, and any deficiency shall be paid out of the 135 J Road Use Tax Fund Bonds shall be issued and sold in anticipation of de- ferred payments of assessments when a contract has been per- formed and accepted and the pro- ceeds thereof used to pay the con- tractor. The railway portion of any street or assessment district shall be assessed to and paid by the rail- way company. The above resolution was intro. duced, approved and ordered placed on file with the City Clerk this 17th day of April, 1967. Approved and placed on file for final action. Richard Ludwig Mayor Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pregler moved ap- proval of the resolution. Seconded by Mayor Ludwig. Carried by the following vote: Yeas — Mayor Ludwig, Council. men Pfohl, Pregler, Schultz. Nays—None. Absent—Councilman McCauley. (Fixing date of hearing) RESOLUTION NO. 91-67 WHEREAS, the City Council of the City of Dubuque, Iowa, has by Resolution No. 89-67 given its pre- liminary 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 1967 CONCRETE CURB & GUTTER PROJECT NO. 1 and, WHEREAS, the proposed Resolu- tion of Necessity for said improve- ment has been introduced and is now on file in the City Clerk's of. fice for public inspection, BE IT THEREFORE RESOLVED that on the 22nd day of May, 1967, a public hearing will be held at 7:30 o'clock P.M. D.S.T. in the Council Chamber in the City of Dubuque at which time the owners of property subject to assessment for the proposed improvement may appear and make objection to the proposed plans and specifications and proposed form of contract and at the same time to the boundaries of the proposed district, to the cost of the improvement, to the amount proposed to be assessed against any lot and to the passage of the proposed Resolution of Necessity and the City Clerk be and he is hereby directed to cause a notice of the time and place of such hear- ing to be published in some news- paper published in the city of Du- buque, 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 un- less property owners at the time of final consideration of said reso- lution have on file with the Clerk objections to the amount of the proposed assessment, they shall have 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 17th day of April, 1967. Richard Ludwig Mayor Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler Councilmen Attest: Leo F. Frommelt, City Clerk Councilman Schultz moved adop- tion of the resolution. Seconded by Mayor Ludwig. Carried by the fol- lowing vote: Yeas — Mayor Ludwig, Council- men Pfohl, Pregler, Schultz. Nays — None. Absent—Councilman McCauley. Special Session, April 17, 1967 189 March 23, 1967 To the Honorable Mayor and City Council Gentlemen: I hereby submit the attached Sheets No. 1 to 22 inclusive show- ing a schedule of the proposed valuations and assessments for the City of Dubuque 1987 Hot Mix -Hot Laid Asphaltic Concrete Paving Project No. I. Submitted April 17, 1987. Respectfully submitted, John L. White City Engineer Mayor Ludwig moved that the communication be received and filed. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Mayor Ludwig, Council- men Pfohl, Pregler, Schultz. Nays --None. Absent—Councilman McCauley. RESOLUTION NO. 92.67 BE IT RESOLN ED by the City Council of the City of Dubuque, Iowa: Section 1. That the attached Sheets No. 1 to 22 inclusive are hereby determined to be the sched- ule of proposed assessments for the City of Dubuque 1967 Hot Mix - Hot Laid Asphaltic Concrete Pav- ing Project No. 1 and the valua- tions set out therein are hereby approved. Adopted this 17th day of April, 1987. Richard Ludwig Mayor Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Mayor Ludwig. Carried by the fol- lowing vote: Yeas — Mayor Ludwig, Council- men Pfohl, Pregler, Schultz. Nays—None. Absent—Councilman McCauley. RESOLUTION NO. 93.67 PRELIMINARY APPROVAL of proposed plans, specifications, form of contract, plat, and all other documents for construction of CITY OF DUBUQUE 1967 HOT -,a,— MIX -HOT LAID ASPHALTIC CON- CRETE PAVING PROJECT NO. 1, 3n the following named streets: 1. Bryant Street from the N.P.L. A Grandview Avenue to the S.P.L. A Dodge Street. 2. Grandview Avenue from the E.P.L. of Southern Avenue to the W.P.L. of Kerrigan Road. 3. Madison Street from the N.P. L. of 17th Street to the S.P.L. of Clarke Drive. 4. Main Street from the N.P.L. of Railroad Avenue to the S.P.L. of Jones Street. 5. Rockdale Road from the S.P. L. of Grandview Avenue to the Southerly City Corporation Limits. 6. White Street from the N.P.L. of 10th Street to the S.P.L. of 22nd Street at an estimated cost of $174,372.17, presented and read. Councilman Pregler moved adop- tion of he resolution. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Mayor Ludwig, Council- men Pfohl, Pregler, Schultz. Nays — None. Absent — Councilman McCauley. (Necessity for Improvement) RESOLUTION NO. 94-67 WHEREAS, proposed plans, specifications, form of contract, plat and schedule have been duly prepared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk showing among other things the following: 1. The streets to be improved. 2. The width of such improve- ment. 3. Each lot proposed to be asses- sed together with a valuation fixed by the council. 4. 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. 5. In each case the amount there- of which is estimated to be asses. sed against each lot, for the City of Dubuque, 1967, Hot Mix -Hot Laid Asphaltic Concrete Paving Project No. 1 on the following named streets: 1. Bryant Street from the N.P.L. of Grandview Avenue to the S.P.L. of Dodge Street. 2. Grandview Avenue from the 190 Special Session, April 17, 1967 E.P.L. of Southern Avenue to the W.P.L. of Kerrigan Road. 3. Madison Street from the N.P. L. of 17th Street to the S.P.L. of Clarke Drive. 4. Main Street from the N.P.L. of Railroad Avenue to the S.P.L. of Jones Street. 5. Rockdale Road from the S.P.L. of Grandview Avenue to the South- erly City Corporation Limits. 6. White Street from the N.P.L. of 10th Street to the S.P.L. of 22nd Street. BE IT THEREFORE RESOLVED that the City Council on its own motion or upon petition of proper- ty owners, deems it advisable and necessary for the public welfare to make the herein mentioned im- provement, and unless property owners at the time of the final consideration of this proposed resolution have on file with the City Clerk objections to the amount of the proposed assess- ments, they shall be deemed to have waived all objections thereto. Said improvements shall be con- structed and done in accordance with the plans and specifications which have been prepared there- fore by the City Engineer which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said improve. ment will be assessed upon and against all privately owned prop- erty lying within assessable dis. tance provided by law and in an amount not to exceel the amount provided by law, property will be thereon or is adjacent thereto ac. cording to area and in proportion to the special benefits conferred thereby, and any deficiency shall be paid out of the 135J road use tax fund. Bonds shall be issued and sold in anticipation of deferred payments of assessments when a contract has been performed and accepted and the proceeds thereof used to pay the contractor. The railway portion of any street or assessment district shall be asses. sed to and paid by the railway company. The above resolution was intro- duced, approved and ordered plac- ed on file with the City Clerk this 17th day of April, 1967. Approved and placed on file for final action. Richard Ludwig Mayor Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler Councilmen Attest: Leo F. Frommelt, City Clerk Councilman Pfohl moved approv- al of the resolution. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Mayor Ludwig, Council- men Pfohl, Pregler, Schultz. Nays — None. Absent—Councilman McCauley. (Fixing date of hearing) RESOLUTION NO. 95-67 WHEREAS, the City Council of the City of Dubuque, Iowa, has by Resolution No. 93-67 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 1967 HOT MIX -HOT LAID ASPHALTIC CONCRETE PAVING PROJECT NO. 1 and, WHEREAS, the proposed Resolu- tion of Necessity for said improve- ment has been introduced and is now on file in the City Clerk's office for public inspection, BE IT THEREFORE RESOLVED that on the 22nd day of May, 1967, a public hearing will be held at 7:30 o'clock P.M. D.S.T, in the Council Chamber in the City of Dubuque at which time the own- ers of property subject to assess- ment for the proposed improve- ment may appear and make objec- tion to the proposed plans and specifications and proposed form of contract and at the same time to the boundaries of the proposed district, to the cost of the improve- ment, to the amount proposed to be assessed against any lot and to the passage of the proposed Resolution of Necessity and the City Clerk be and he is hereby di- rected to cause a notice of the time and place of such hearing to be Published in some newspaper pub- lished in the city of Dubuque, the Special Session, April 17, 1967 191 last of which shall be not less than two (2) nor more than (4) weeks prior to the day fixed for its con- sideration and unless property own- ers at the time of final considera- tion of said resolution have on file with the Clerk objections to the amount of the proposed assessment, they shall have been deemed to have waived all objections thereto, at which hearing the Council will hear such objections and enter on record its final decision thereon. Passed, adopted and approved this 17th day of April, 1967. Richard Ludwig Mayor Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler Councilmen Attest: Leo F. Frommelt, City Clerk Mayor Ludwig moved adoption of the resolution. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Mayor Ludwig, Council- men Pfohl, Pregler, Schultz. Nays — None. Absent — Councilman McCauley. March 23, 1967 To the Honorable Mayor and City Council Gentlemen: I hereby submit the attached Sheets No. 1 to 16 inclusive show- ing a schedule of the proposed valuations and assessments for the City of Dubuque 1967 Bituminous Concrete Paving Project No. I. Submitted April 17th, 1967. Respectfully submitted, John L. White City Engineer Councilman Pregler moved that the communication be received and filed. Seconded by Councilman Pfohl. Carried by the following vote: Yeas — Mayor Ludwig, Council- men Pfohl, Pregler, Schultz. Nays — None. Absent — Councilman McCauley. RESOLUTION NO. 9667 BE IT RESOLVED by the City Council of the City of Dubuque, Iowa: Section 1. That the attached Sheets No. 1 to 16 inclusive are hereby determined to be the schedule of proposed assessments for the City of Dubuque 1967 Bi- tuminous Concrete Surfacing Proj- ect No. 1 and the valuations set out therein are hereby approved. Adopted this 17th day of April, 1967. Richard Ludwig Mayor Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler Councilmen Attest: Leo F. Frommelt City Clerk Mayor Ludwig moved adoption of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Ludwig, Council- men Pfohl, Pregler, Schultz. Nays—None. Absent—Councilman McCauley. RESOLUTION NO. 9767 PRELIMINARY ESTIMATE AND APPROVAL OF proposed plans, specifications, form of contract, plat, and all other documents for the construction of the CITY OF DUBUQUE 1967 BITUMINOUS CONCRETE PAVING PROJECT NO. 1 on the following named streets: Airport — Parking Lot and TL Hangar Apron. North Algona—from the N.P.L. of University Avenue to the S.P.L. of Loras Boulevard. Bennett Street—from the W.P.L. of Grandview Avenue to the E.P.L. of McCormick Street. Eagle Point Park — Roadway. Flora Park — Parking lot at Green Street and Bunkerhill Road. Farragut Street—from the W.P. L. of Kerper Boulevard to the W.P.L. of the alley between Kerp- er Boulevard and Garfield Avenue. Grace Street—from the E.P.L. of McCormick Street to the W.P.L. of Grandview Avenue. Merz Street—from the E.P.L. of Windsor Avenue to the W.P.L. of Althauser Street. Perry Street—from the W.P.L. of Grandview Avenue to the E.P.L. of Rider Street. at an estimated cost of $90,467.41, presented and read. Councilman Pregler moved adop- tion of the resolution. Seconded by 192 Special Session, April 17, 1%7 Councilman Pfohl. Carried by the following vote: Yeas — Mayor Ludwig, Council- men Pfohl, Pregler, Schultz. Nays—None. Absent — Councilman McCauley. (Necessity for Improvement) RESOLUTION NO. 98.67 WHEREAS, proposed plans, spec- ifications, form of contract, plat and schedule have been duly pre- pared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk showing among other things the following: 1. The streets to be improved. 2. The width of such improve- ment. 3. Each lot proposed to be as- sessed together with a valuation fixed by the council. 4. 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. 5. In each case the amount there- of which is estimated to be as- sessed against each lot, for the City of Dubuque, 1967, Bituminous Concrete Paving Project No. 1 on the following named streets: Airport — Parking Lot and T - Hangar Apron. North Algona — from the N.P.L. of University Avenue to the S.P.L. of Loras Boulevard. Bennett Street — from the W. P -L, of Grandview Avenue to the E,P.L. of McCormick Street. Eagle Point Park — Roadway. Flora Park — Parking lot at Green Street and Bunkerhill Road. Farragut Street — from the W. P.L. of Kerper Boulevard to the W.P.L. of the alley between Ker - per Boulevard and Garfield Ave. nue. Grace Street — from the E.P.L. of McCormick Street to the W.P.L. of Grandview Avenue. Merz Street — from the E.P.L. of Windsor Avenue to the W.P.L. of Althauser Street, Perry Street — from the W.P.L. of Grandview Avenue to the E.P.L. of Rider Street. BE IT THEREFORE. RESOLVED that the City Council on its own motion or upon petition of prop- erty owners, deems it advisable and necessary for the public wel- fare to make the herein mentioned improvement, and unless property owners at the time of the final consideration of this proposed res- olution have on file with the City Clerk objections to the amount of the proposed assessments, they shall be deemed to have waived all objections thereto. Said improvements shall be con- structed and done in accordance with the plans and specifications which have been prepared there- fore by the City Engineer which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said improve- ment will be assessed upon and against all privately owned prop- erty lying within assessable dis- tance provided by law and in an amount not to exceed the amount provided by law, property will be assessed whether the same abuts thereon or is adjacent thereto ac- cording to area and in proportion to the special benefits conferred thereby, and any deficiency shall be paid out of the 135 ,J Road Use Tax Fund. Bonds shall be issued and sold in anticipation of de- ferred payments of assessments when a contract has been per- formed and accepted and the pro- ceeds thereof used to pay the con- tractor. 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 17th day of April, 1967. Approved: Richard Ludwig Mayor Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pregler moved ap- proval of the resolution. Seconded Special Session, April 17, 1967 193 by Councilman Schultz. Carried by the following vote: Yeas — Mayor Ludwig, Council- men Pfohl, Pregler, Schultz. Nays—None. Absent—Councilman McCauley. (Fixing date of hearing) RESOLUTION NO. 99.67 WHEREAS, the City Council of the City of Dubuque, Iowa, has by Resolution No. 97-67 given its pre- liminary approval on the proposed plans, specifications and form of contract and placed same on file in the office of the City Clerk for public inspection, for the CITY OF DUBUQUE 1967 BITUMINOUS CONCRETE PAV- ING PROJECT NO. 1 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 inspection, BE IT THEREFORE RESOLVED that on the 22nd day of May, 1967, a public hearing will be held at 7:30 o'clock P.M. D.S.T. in the Council Chamber in the City of Du- buque at which time the owners of property subject to assessment for the proposed improvement may appear and make objection to the proposed plans and specifications and proposed form of contract and at the same time to the boundar- ies of the proposed district, to the cost of the improvement, to the amount proposed to be assessed against any lot and to the passage of the proposed Resolution of Necessity and the City Clerk be and he is hereby directed to cause a notice of the time and place of such hearing to be published in some newspaper published in the city of Dubuque, the last of which shall be not less than two (2) not more than (4) weeks prior to the day fixed for its consideration and unless property owners at the time of final consideration of said reso lution have on file with the Clerli objections to the amount of thf proposed assessment, they shal have been deemed to have waivec all objections thereto, at whiel :_ hearing the Council will hear such objections and enter on record its final decision thereon. Passed, adopted and approved this 17th day of April, 1967. Richard Ludwig Mayor Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler Councilmen Attest: Leo F. Frommelt, City Clerk Councilman Pfohl moved adop- tion of the resolution. Seconded by Mayor Ludwig. Carried by the following vote: Yeas — Mayor Ludwig, Council- men Pfohl, Pregler, Schultz. Nays—None. Absent — Councilman McCauley. March 15, 1967 To the Honorable Mayor and City Council Gentlemen: I hereby submit the attached sheets No. 1 to 17 inclusive show- ing a schedule of the proposed valuations and assessments for the City of Dubuque 1967 Concrete Paving with Integral Curb Project No. 1. Submitted April 17, 1967. John L. White City Engineer Mayor Ludwig moved that the communication be received and filed. Seconded by Councilman Pfohl. Carried by the following vote: Yeas — Mayor Ludwig, Council- men Pfohl, Pregler, Schultz. Nays—None. Absent — Councilman McCauley. RESOLUTION NO. 101147 BE IT RESOLVED BY THE CITY COUNCIL OF THE Crff OF DUBUQUE, IOWA: Section 1. That the attached sheets No. 1 to 17 inclusive are hereby determined to be the schedule or proposed assessments for the City of Dubuque 1967 Con- crete Paving with Integral Curb Project No. 1 and the valuations set out therein are hereby ap- proved. 194 Special Session, April 17, 1967 Adopted this 17th day of April, 1967. Richard Ludwig Mayor Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler 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 Ludwig, Council- men Pfohl, Pregler, Schultz. Nays — None. Absent — Councilman McCauley. RESOLUTION NO. 101.67 PRELIMINARY ESTIMATE AND APPROVAL of plans, specifica- tions, form of contract, plat, and all other documents for construc- tion of CITY OF DUBUQUE 1967 CONCRETE PAVING WITH INTE- GRAL CURB PROJECT NO. 1 on the following named street: Grandview Avenue from the W.P.L. of Southern Avenue to the S.P.L. of Delhi Street, at an estimated cost of $399,753.- 78, presented and read. Mayor Ludwig moved approval of the resolution. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Mayor Ludwig, Council- men Pfohl, Pregler, Schultz. Nays — None. Absent — Councilman McCauley. (Necessity for Improvement) RESOLUTION N0, 102-67 WHEREAS, proposed p 1 a n s, specifications, form of contract, plat and schedule have been duly prepared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk showing among oth- er things the following: I. The streets to be improved. 2. The width of such improve- ment. 3. Each lot proposed to be as- sessed together with a valuation fixed by the council. 4. An estimate of the cost of the proposed improvement, stating the same for each different type of construction and kind of mater- ial to be used. 5. In each case the amount thereof which is estimated to be assessed against each lot, for the City of Dubuque, 1967, Concrete Paving With Integral Curb Project No. 1 on the following named street: Grandview Avenue from the W.P.L. of Southern Avenue to the S.P.L. of Delhi Street. BE IT THEREFORE RESOLVED that the City Council on its own motion or upon petition of proper- ty owners, deems it advisable and necessary for the public welfare to make the herein mentioned im. provement, and unless property owners at the time of the final consideration of this proposed resolution have on file with the City Clerk objections to the amount of the proposed assess- ments, they shall be deemed to have waived all objections thereto. Said improvements shall be con- structed and done in accordance with the plans and specifications which have been prepared there. fore by the City Engineer which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said improve- ment will be assessed upon and against all privately owned prop. erty lying within assessable dis- tance provided by law and in an amount not to exceed the amount provided by law, property will be assessed whether the same abuts thereon or is adjacent thereto ac- cording to area and in proportion to the special benefits conferred thereby, and any deficiency shall be paid out of the 135J Road Use Tax Fund. Bonds shall be issued and sold in anticipation of deferred contract has been performed and Payments of assessments when a contract has been performed and accepted and the proceeds thereof used to pay the contractor. The railway portion of any street or assessment district shall be assess- ed to and paid by the railway com- pany. The above resolution was intro. duced, approved and ordered plac- ed on file with the City Clerk this 17th day of April, 1967. Special Session, April 17, 1967 195 Approved and placed on file for final action. Richard Ludwig Mayor Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler Councilmen Attest: Leo F. Frommelt, City Clerk Councilman Pregler moved ap- proval of the resolution. Seconded by Mayor Ludwig. Carried by the following vote: Yeas — Mayor Ludwig, Council, men Pfohl, Pregler, Schultz. Nays—None. Absent — Councilman McCauley, (Fixing date of hearing) RESOLUTION NO. 103-67 WHEREAS, the City Council of the City of Dubuque, Iowa, has by Resolution No. 101.67 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 1967 CONCRETE PAVING WITH INTE- GRAL CURB PROJECT NO. 1 and, WHEREAS, the proposed Resolu- tion of Necessity for said improve. ment has been introduced and is now on file in the City Clerk's of- fice for public inspection, BE IT THEREFORE RESOLVED that on the 22nd day of May, 1967, a public hearing will be held at 7:30 o'clock P.M. D.S.T. in the Council Chamber in the City of Dubuque at which time the own- ers of property subject to assess- ment for the proposed improve- ment may appear and make objec- tion to the proposed plans and specifications and proposed form of contract and at the same time to the boundaries of the proposed district, to the cost of the improve. ment, to the amount proposed to be assessed against any lot and to the passage of the proposed Reso- lution of Necessity and the City Clerk be and he is hereby directed to cause a notice of the time and place of such hearing to be pub- lished in some newspaper pub- lished in the City of Dubuque, the last of which shall not be less than two (2) nor more than (4) weeks prior to the day fixed for its consideration and unless prop- erty owners at the time of final consideration of said resolution have on file with the Clerk objec- tions to the amount of the pro- posed assessment, they shall have been deemed to have waived all ob- jections thereto, at which hearing the Council will hear such objec- tions and enter on record its final decision thereon. Passed, adopted and approved this 17th day of April, 1967. Richard Ludwig Mayor Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler Councilmen Attest: Leo F. Frommelt, City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Pfohl. Carried by the following vote: Yeas — Mayor Ludwig, Council- men Pfohl, Pregler, Schultz. Nays—None. Absent — Councilman McCauley. RESOLUTION NO. 10467 BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the following having complied with the provisions of law relating to the sale of Cigar- ettes within the City of Dubuque, Iowa, be granted a permit to sell Cigarettes and Cigarette Papers within said City. pddrass Name Betty Reisdorf, 201 East 22nd Street Richard Alderson, 2401 Windsor Avenue (Effective May 1, 1967) BE IT FURTHER RESOLVED that the bonds filed with the appli- cation be approved. Passed, adopted andapproved 987 ved this 17th day , Richard Ludwig Mayor Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler Councilmen Attest: Leo F. Frommelt, City Clerk Councilman Pfohl moved adop- tion of the resolution. Seconded 196 Special Session, April 17, 1967 by Councilman Pregler. Carried by the following vote: Yeas — Mayor Ludwig, Council- men Pfohl, Pregler, Schultz. Nays—None. Absent—Councilman McCauley. RESOLUTION NO. 103.67 WHEREAS, applications for Beer Permits have been submitted to this Council for approval and the same have been examined: NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the following applica- tions be granted and licenses be issued upon the compliance with the terms of the ordinances of the City. CLASS "B" BEER PERMIT Elizabeth A. Reisdorf, 201 Fast 22nd Street Passed, adopted and approved this 17th day of April, 1967. Richard Ludwig Mayor Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler 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 Ludwig, Council- men Pfohl, Pregler, Schultz. Nays—None. Absent—Councilman McCaulcti RESOLUTION NO. 106.67 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 Elizabeth A. Reisdorf, 201 East 22nd 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 17th day of April, 1967. Richard Ludwig Mayor Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler Councilmen Attest: Leo F. Frommelt, City Clerk Councilman Schultz moved adop- tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Ludwig, Council- men Pfohl, Pregler, Schultz, Nays—None. Absent — Councilman McCauley. RESOLUTION NO. 107-67 WHEREAS, applications for Liq- uor Permits have been submitted to this Council for approval and the same have been examined, NOW THEREFORE BE IT RE- SOLVED, by the City Council of the City of Dubuque, Iowa, that the following applications be grant- ed and licenses issued upon the compliance with the terms of the IOWA LIQUOR CONTROL ACT— CHAPTER 123—as amended by the 60th General Assembly, 1963. CLASS "C" COMMERCIAL ESTABLISHMENT Elizabeth A. Reisdorf, 201 East 22nd Street Knights of Columbus, Dubuque Council No. 510, 781 Locust Street Passed, adopted and approved this 17th day of April, 1967. Richard Ludwig Mayor Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler Councilmen Attest: Leo F. Frommelt, City Clerk Mayor Ludwig moved adoption of the resolution. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Mayor Ludwig, Council- men Pfohl, Pregler, Schultz. Nays—None. Absent—Councilman McCauley. Slxcial Session. April 17, 1%7 197 RESOLUTION NO. 108.67 WHEREAS, applications for Liq- uor Licenses were filed by the within named applicants and they have received the approval of this Council, and WHEREAS, the premises to be occupied by such applicants were inspected and found to comply with the State Law and all City ordinances relevant thereto and they have filed proper bonds; NOW THEREFORE BE IT RE- SOLVED by the City Council of Dubuque, Iowa, that the Manager be authorized to cause to be is- sued to the following named appli- cans a Liquor Permit. CLASS "C" COMMERCIAL ESTABLISHMENT Elizabeth A. Reisdorf, 201 East 22nd Street Knights of Columbus, Dubuque Council No. 510, 781 Locust Street Passed, adopted and approved' this 17th day of April, 1967. Richard Ludwig Mayor Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler Councilmen Attest: Leo F. Frommelt, City Clerk Councilman Pfohl moved adop- tion of the resolution. Seconded by Councilman Schultz. Carried by the following vote: I Ah.- Yeas — Mayor Ludwig, Council- men Pfohl, Pregler, Schultz. Nays—None. Absent — Councilman McCauley. There being no further business Councilman Pregler moved to ad- journ. Seconded by Councilman Pfohl. Carried by the following vote: Yeas — Mayor Ludwig, Council- men Pfohl, Pregler, Schultz. Nays—None. Absent --Councilman McCauley, Leo F. Frommelt, City Clerk. Approved ..... ugust 7 s ..1967 Adopted E 4946 t 7,.t,,,1967 "� ..... .............................. ...... �. .nn................ ... l"......�....... ........... Co nc' en Atte..................................... City Clerk Regular Session, May 1, 1967 199 (ITY COUNCIL OFFICIAL Regular Session, May 1, 1967. Council met at 7:30 P.M. (D. S.T.). Present — Mayor Ludwig, Councilmen McCauley, Pregler, Schultz. City Manager Gilbert D. Chavenelle. Absent at roll call—Council- man Pfohl. Mayor Ludwig 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 business as may prop- erly come before the meeting. Mayor Ludwig introduced the following foreign exchange stu- dents: Girma Wolde Mariam from Ethiopia, Rita Gupka from India, Hans Verich Krieger from Ger- many. Communication of the Western Casualty and Surety Company sub- mitting "Power of Attorney" of H. J. Pohlman granting him authority to issue bonds not to exceed $300,000, presented and read. Councilman Pregler moved that the Power of Attorney be received and filed. Seconded by Council- man McCauley. Carried by the fol- lowing vote: Yeas — Mayor Ludwig, Council- men McCauley, Pregler, Schultz. Nays—None. Absent --Councilman Pfohl. Communication of John Virgil Case, a public Utility Consultant, submitting copy of a letter which was sent to Polk County author- ities relative to the high utility rates being paid by the consum- ers in the midwest, presented and read. Mayor Ludwig moved that the communication be received and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Ludwig, Council men McCauley, Pregler, Schultz. Nays—None. Absent—Councilman Pfohl. b. Councilman Pfohl entered the Council Chamber at 7:35 P.M. Communication of W. J. Chilton )f 1180 W. 5th Street commenting m poor condition of recently laved Booth Street and W. 5th street presented and read. Mayor Ludwig moved that the communi- zation be received and filed. Sec- 3nded by Councilman Pfohl. Car- ried by the following vote: Yeas — Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None. Councilman McCauley moved that the rules be suspended in or- der to let anyone present address the Council if they so desire. Sec- onded by Councilman Schultz. Car- ried by the following vote: Yeas — Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. Nays—None. Mr. W. J. Chilton of 1180 W. 5th Street voiced his objection to the condition of W. 5th and Booth Streets, and also other streets in the City. He was of the opinion that the City should hold the con- tractors responsible for replace- ment of streets that show cracks within the maintenance bonding period. Mr. Chilton was advised that the Council will review the streets proposed for construction in 1967 and that they also will check on the streets that he men- tioned. Mr. Chilton was invited to be present. May 1, 1967 To the Honorable Mayor and Members of the City Council Gentlemen: In accordance with the provi- sions of Chapter 385 of the 1966 Code of Iowa, the Civil Service Commission conducted entrance examinations on Tuesday evening, ns seeking April 11, 1967, for persons appointments to the POLICE DE- PARTMENT. Four written examinations were given, two of which failed in the written examination, and the other two failed the physical. We are therefore unable to cer- tify anyone from the examination 200 Regular Session, May 1, 1967 for the Police Department given April 11, 1967. Respectfully submitted, Gerard B. Noonan Chairman Louis F. Fautsch LeRoy H. Giles Civil Service Commission Attest: Leo F. Frommelt, Clerk Subscribed and sworn to before me this 28th day of April 1967. Eugene J. Berens Notary Public Councilman Pfohl moved that the communicatiton be received and made a matter of record. Sec- onded by Councilman Schultz. Car- ried by the following vote: Yeas — Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None. May 1, 1967 To the Honorable Mayor and Members of the City Council Gentlemen: In accordance with the provi- sions of Chapter 365 of the 1966 Code of Iowa, the Civil Service Commission conducted entrance examinations on Tuesday evening, April 11, 1967, for persons seek- ing appointments to the FIRE DEPARTMENT. The following named persons have passed both the written and physical examinations and are hereby certified for appointment. Mohr, John E .................92.5% Heitz, Bruce J .................79.2% Rubel, James L . ............78.3% Ruden, Ronald J............75.8% Waddick, Robert ............75.0% Respectfully submitted, Gerard B. Noonan Chairman Louis F. Fautsch LeRoy H. Giles Civil Service Commission Attest: Leo F. Frommelt, Clerk Subscribed and sworn to before me this 1st day of May 1967. Eugene J. Berens, Notary Public Mayor Ludwig moved that the list be received and made a mat. ter of record. Seconded by Coun• cilman Pregler. following vote: Yeas — Mayor men McCauley, Schultz. Nays—None. Carried by the Ludwig, Council- Pfohl, Pregler, April 27, 1967 To the Honorable Mayor and Members of the City Council Gentlemen: In accordance with the provi- sions of Chapter 365 of the Code of Iowa 1966, the Civil Service Commission conducted promotion- al examinations on April 13, 1967, for the newly created position on the FIRE DEPARTMENT, said position to be known as "ASSIST- ANT CHIEF, TRAINING AND PERSONNEL OFFICER." The eligibility rule covering this examination was established by the Commission on April 11, 1967 in special session which reads as fol- lows: No member of the Fire De- partment shall be eligible to an examination for the position of "Assistant Chief Training and Per- sonnel officer" and shall not be submitted to an examination to the position excepting assistant chiefs, Captains, Captain Fire Mar- shall and Lieutenants who have served a minimum of one full year in the department. The following list passed the written examination with an aver- age of seventy per -cent or better. These men were also given an oral examination by the Commission on April 25, 1967, with satisfactory re- sults. Mehrl, Robert A ...................87.64% Remington, Maurice W. ....80.59% Simon, Thomas A .................74.12% Pregler, John P . ................70.58%a Respectfully submitted, Gerard B. Noonan Chairman Louis F. Fautsch Civil Service Commission Attest: Leo F. Frommelt, Clerk Subscribed and sworn to before me this 28th day of April 1967. Eugene J. Berens, Notary Public Councilman Pregler moved that the communication be received and made a matter of record. Second- ed by Councilman Schultz. Carried by the following vote: Regular Session, May 1, 1967 201 rYeas — Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays — None. April 28, 1987 To the Honorable Mayor and Members of the City Council Gentlemen: In accordance with the provi- sions of Chapter 365 of the Code of Iowa 1966, the Civil Service Commission conducted PROMO- TIONAL EXAMINATIONS on April 13, 1967, for members of the POLICE Department interested in promotions to CAPTAINS and SERGEANT -DETECTIVE. The following is a list of persons who passed the exams with an av- erage of seventy per cent or bet- ter. All promotions on the Police Department should be made from this list. CAPTAINS Fangman, John L .................76.22 7v vonAh, William J .................72.97% Sutton, Paul 8 .......................70.81% Purcell, James T ...................70.0% SERGEANT -DETECTIVE Egan, Patrick J .....................76.50% Rettenmeier, Thomas R.......74.50% Paar, Frederick R .................73.50% Horch, Navall T ...................71.0% Lehman, Eugene J ...............70.50% Hynes, James C .....................70.0% Kueper, Leo W .....................70.0% Respectfully submitted, Gerard B. Noonan Chairman LeRoy H. Giles Louis F. Fautsch Civil Service Commission Attest: Leo F. Frommelt Clerk Subscribed and sworn to before me this 28th day of April 1967. Eugene J. Berens Notary Public Councilman Schultz moved that the communication be received and made a matter of record. Sec- onded by Mayor Ludwig. Carried by the following vote: Yeas — Mayor Ludwig, Coun, cilmen McCauley, Pfohl, Pregler Schultz. Nays—None. April 28, 1965 To the Honorable Mayor and Members of the City Council Gentlemen: a.. In accordance with the provi- sions of Chapter 365 of the Code if Iowa 1966, the Civil Service ;ommission conducted PROMO. CIONAL EXAMINATIONS on Ap- •il 27, 1967, for members of the Fire Department interested in pro - notion to CAPTAIN, LIEUTEN. kNT, and EQUIPMENT OPERA. COR. CAPTAINS Remington, Maurice W.......88.67% Cherrier, William F ..............85.33% Link, Lyle R ...........................83.33% Neuses, Irvin M .....................87.50% Pregler, John P.....................83.33%a Jochum, Wayne F .................84.17% Andresen, James P ...............80.67% Ruden, Richard W ...............82.50% Deckert, John J .....................80.0% Melssen, Joseph L ...............81.67% Simon. Thomas A .................79.33% Schuster, Paul N ...................80.83% Weber, Edward J .................77.33% Boland, Robert C .................77.50% Kaiser, Frank R ...................71.33% McCoy. ,lohn B . ....................77.50% LIEUTENANTS Miller, .lames C .....................88.33% Neuses, Irvin M .....................87.50% Jochum, Wayne F .................84.17% Ruden, Richard W ...............82.50% Melssen, Joseph L ...............81.67% Schuster, Paul N ...................80.83% Boland, Robert C .................77.50% McCoy. ,lohn B . ....................77.50% Kann, Ronald T .....................76.67% Udelhofen. Gerald L...........73.33% EQUIPMENT OPERATORS Huseman, William ................84.55(/,, Miller, William ......................84.55% Steinberg, Edward W.........83.64%0 Neuhaus, Gerald W .............74.55% Roepsch, Richard F .............72.73% Respectfully submitted, Gerard B. Noonan Chairman Louis F. Fautsch Civil Service Commission Attest: Leo F. Frommelt Clerk Subscribed and sworn to before me this 28th day of April, 1967. Eugene J. Berens Notary Public Councilman Pregler moved that the communication be received and made a matter of record. Second. ed by Councilman Schultz. Car- ried by the following vote: Yeas — Mayor Ludwig, Coun- cilmen McCauley, Schultz. Nays—None. 202 Regular Session, May 1. 1967 May 1, 1967 To the honorable Mayor and City Council Gentlemen: I have authorized overtime pay for all employees who worked ov- ertime doing emergency flood work with the exception of four department heads. I request your permission to pay for the overtime accumulated dur- ing the flood period by these em- ployees. Respectfully requested, Gilbert D. Chavenel)e City Manager Councilman Pregler moved that the recommendation of the City Manager be approved. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. Nays—None. May 1, 1967 To the Honorable Mayor and City Council Gentlemen: This is to advise that I have ap- proved the following bonds and de- sire to have your approval on same. COMPREHENSIVE LIABILITY Clemens -Smith Construction, Inc., Bituminous Casualty Corpora- tion Merlin Goerdt DBA M. F. Goerdt Construction Co., Hartford Acci- dent and Indemnity Co. SIDEWALK Richard Huseman & Louis Huse - man, Merchants Mutual Bonding Company John Byrne, Merchants Mutual Bonding Company Clarence (Barney) Grutz, United Fire & Casualty Company William O'Neill, Merchants Mutual Bonding Company Cletus Palm, Merchants Mutual Bonding Company Ken Palm Construction, Merchants Mutual Bonding Company Wendelin Rettenberger DBA, Ret- tenberger Tree & Landscape, Merchants Mutual Bonding Com- pany Itespectfully, Gilbert, D. Chavenelle, City Manager Councilman Pregler moved that the bonds and policies be filed sub- iect to approval of the City Attor- ney. Seconded by Councilman Mc- Cauley. Carried by the following vote: Yeas — Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. Nays—None. April 19, 1967 To the Honorable Mayor and City Council Gentlemen: I am returning to you the peti- tion of Mr. and Mrs. Ehlers and others for street lights on Julien Dubuque Drive. The area has been investigated by the Electrical Inspector and it is recommended that three 4000 Lumen Incandescent Street Lights be located at: between street numbers 159 and 165 between street numbers 205 and 225 between street numbers 370 and 390 Respectfully requested, Gilbert D. Chavenelle City Manager Councilman Schultz moved that the recommendation of the City Manager be approved. Seconded by Mayor Ludwig. Carried by the fol- lowing vote: Yeas — Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. Nays—None. April 24, 1967 To the Honorable Mayor and City Council Gentlemen: I herewith submit the monthly reports of the Water Department and City Auditor's office, as well as a list of claims and payrolls for which warrants were issued for the month of March 1967. Respectfully, Gilbert D. Chavenelle City Manager Councilman Pfohl moved that the reports be received and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. Nays—None. Regular Session, May 1, 1967 203 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 March 1967, pre- sented and read. Councilman Pfohl moved that the proof of publication be re- ceived and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. Nays—None. April 27. 1967 To the Honorable Mayor and City Council Gentlemen: You will find attached a copy of a fire protection contract be- tween the City of Dubuque and Saul Greenstein, President of In- land Molasses Company. The request for protection came up on an urgent basis and has been signed by both parties. I wanted to bring this contract to your attention for approval be- fore it is finalized. The area concerned is located contiguous to the City and it is expected that in the near future the Council will receive a petition of annexation from them. Respectfully, Gilbert D. Chavenelle City Manager Councilman Schultz moved that the City Manager be authorized to sign the contract. Seconded by Councilman McCauley. Carried by the following vote: Yeas — Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. Nays—None. May 1, 1967 To the Honorable Mayor and City Council Gentlemen: I am returning to you the peti- tion requesting that Jr) minute Larking be restored on the east side of Rhomberg Avenue. I recommend that the petition be denied. The Traffic Division and Traf fie Committee investigated and dis- cussed the situation. The following information was presented and considered. STREET WIDTH Rhomberg from Chicago Great, Western Railroad tracks to Marshall Street is 10 blocks long and is 34 feet wide. To allow 8 foot parking lanes on both sides permits only 9 foot passing lanes. This 9 foot width is too narrow for passing. If parking is prohibited on the east side two 13 foot passing lanes are possible. I1. TRAFFIC VOLUME Traffic volume on Rhomberg is heavy and in increasing. From 1958 to 1965 the volume in. creased 23.3%. The State High- way Study shows that the aver- age fall week day traffic on Rhomberg Avenue is 9,770 ve. hicles. For comparison, this ex- ceeds traffic on 9th Street, 12th Street, 14th Street, and Univer- sity Avenue. It exceeds traffic volume on Central north of 20th Street. 111. ACCIDENT RECORD In 1966 there were 24 accidents in the 10 block area of Rhom- berg, which resulted in 5 per- sons being injured. Eight of the 24 accidents were vehicles strik- ing parked cars. During the first three months of 1967, 18 accidents have been recorded in the 10 block area. One person has been injured. Nine of the 18 accidents involved parked vehicles being struck. IV. ALTERNATE ROUTES Consideration was given to the idea of changing Rhomberg into a one-way street with Lincoln or Garfield Avenue as the alternate one-way street. Lincoln is a local street. Its width varies from 27 feet to 40 feet. If Lincoln is made one way, traffic signals should be installed at four locations. If Lincoln or East 21st Stieet were made one. way to Central then it would be necessary to signalize two addi- tional intersections. The width of Garfield varies in width from 29 feet 6 inches to 38 feet. It has a narrow and dif- ficult passage way between Elm and Kniest. It is blocked at the northerly end. It is estimated that three intersections would have to be signalized. 204 Regular Session, May 1, 1967 Either Lincoln or Rhomberg are not good as one-way streets. In summary, the recommenda- tion to deny the petition is made because the street is narrow, the volume of traffic is heavy, parked cars have been hit when parking was permitted on both sides, and the alternate one-way system ap- pears to be ineffective. I am attaching a letter from Chief Lucas and Captain Jenaman, dated April 27th, which sets out the detaiis of the investigation. Respectfully submitted, Gilbert D. Chavenelle City Manager Mayor Ludwig moved that the recommendation of the City Man- ager be approved. Seconded by Councilman McCauley. Upon roll call the vote was as follows: Yeas — Mayor Ludwig, Coun- cilmen McCauley. Nays—Councilmen Pfohl, Preg- ler, Schultz. MOTION FAILED TO CARRY. Mr. Ralph Cremer, a merchant on Rhomberg Avenue, addressed the Council by questioning the number and kind of accidents as submitted in the City Manager's recommendation. Mr. Al Mescher also a merchant on Rhomberg Ave- nue stated that in his opinion the buses are the greatest traffic haz- ard on Rhomberg Avenue. Mr. Robert Rusch of Ruegnitz Drug Store stated that their place of business is already considerably menaced by the great amount of yellow painting, indicating no park- ing. Councilman Pfohl moved that proper Ordinance be prepared for this Council as the result of the vote on the Manager's recommen- dation. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. Nays—None. May 1, 1967 To the Honorable Mayor and City Council Gentlemen: I am returning to you the peti- tion concerned with the traffic condition on 30th Street between Central Avenue and Lemon Street. The Traffic Division has investi- gated the area and the Traffic Committee has considered the sit- uation. In discussion, it was pointed out: 1. that the highway is sufficient- ly wide for the passage of traffic using 30th Street; 2, that a no parking restriction may increase the danger to students giving them a false sense of security if they play in the street; 3. that a no parking restriction could not be enforced during the time students were being brought to and picked up from school, which times are the most dangerous for the students; 4. that the school has an avail- able parking lot where pri- vate vehicles and buses can load and unload students in an off-street location. I recommend that the petition be denied. Respectfully submitted, Gilbert D. Chavenelle City Manager Councilman Pfohl moved that the recommendation of the City Manager be approved. Seconded by Councilman McCauley. Carried by the following vote: Yeas — Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. Nays—None. Councilman Pfohl stated that he has received several complaints from the residents on Lemon Street due to parking of cars in front of their properties all day long, by people who work at vari- ous businesses in the area, and moved that the various business places be contacted. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. Nays—None. May 1, 1967 To the Honorable Mayor and City Council Gentlemen: The alleys in the downtown sec- tion of the City are blocked with Parked vehicles. It is increasingly impossible to protect the area be- cause emergency vehicles cannot k --d Regular Session, May 1, 1967 205 be driven through the alley -ways. It is also increasingly difficult to deliver or pick up commercial mer- chandise. Some of this difficulty and dan- ger can be eliminated by not per- mitting station wagons to park in the alleys for two hours. Section 16.30 of the City Traffic Code reads: "Unless actually engaged in tak- ing on or discharging persons, goods or merchandise, no per- son shall stop or park a vehicle in the alleys or portions of alleys enumerated in Schedule VII hereof, except that a commer- cial vehicle may park in any of said alleys for one period of not longer than two (2) hours ..........." The ordinance refers only to commercial vehicles which are ac- tually trucks, allowing them one two hour parking period. Schedule VII is a list of the alleys in the downtown section. Some years ago, when station wagons were few the Council es- tablished the policy that station wagons were considered commer- cial vehicles and allowed the two hour parking privilege. This policy is being followed although condi- tions have greatly changed. There are now a great number of sta- tion wagons used as passenger ve- hicles. Some business places own as many as three station wagons; other businesses, without a deliv- ery service connection, own station wagons and park them in the al- leys. Downtown employees and managers and shoppers park their station wagons in the alleys. On Friday, February 17th, 16 sum- mons were issued to station wag- ons parked over the two hour limit. At 10:00 A.M., Saturday, February 18th, there were 9 sta- tion wagons parked in the alley east of Main and 18 parked in the alley west of Main between 5th and 10th Streets. In 1965, 1,672 alley parking tickets were issued to all types of vehicles and paid by the violators. In 1966, 2,331 such tickets were issued and paid. In a single year this is a 39% increase in the alley parking problem. For some weeks the Traffic Division and the Traffic Committee have considered this problem. We have discussed and eliminated as impractical proposals such as the use of windshield sticker permits. The conclusion is that the alleys must be cleared. It is recommended that the Council abandon the station wagon policy and that Section 16.30 of the Traffic Code be enforced accord- ingly. It is also suggested, that if this recommendation be adopted the enforcement of the policy will go into effect on Tuesday, May 23rd, 1967 so that we can inform the owners of station wagons by press and radio of the policy change. I enclose for your information a letter from Chief Lucas, dated March 6, 1967, which sets out in further detail the alley parking problem. Respectfully submitted, Gilbert D. Chavenelle, City Manager Councilman Pregler moved ap- proval of the recommendation. Seconded by Councilman McCau- ley. Motion and second was not subjected to roll call. Mr. Robert Zehentner made quite a plea for the small business man in the downtown area. He sug- gested that the businesses should be allowed to sign for delivery ve- hicles. In his business he is sub- jected to a considerable amount of small and quick deliveries and it is quite necessary that a station wagon be available at all times. Mr. R. F. Sefzik also stated that it would be well to identify ve- hicles. Councilman Pregler then moved that the original motion of approval lie on the table until a meeting could be held by the Council and the Traffic Committee. Seconded by Councilman Pfohl. Carried by the following vote: Yeas — Mayor Ludwig, Council- men Pfohl, Pregler, Schultz. Nays—Councilman McCauley. May 1, 1967 To the Honorable Mayor and City Council Gentlemen: I am returning to you the peti- tion regarding the improvement of Dexter Street. I would like to advise the Coun- cil that there is a considerable water problem which must be ta- ken care of before the street is 206 Regular Session, May 1, 1967 improved. We will seek a solu- tion to the water problem and it may be that the water situation can be remedied this summer. The best that can presently be done is to include Dexter Street in the 1968 program. I am enclosing a letter from the City Engineer, dated April 26th, which indicates that he will so inform Mrs. Musselman, one of the petitioners. Respectfully submitted, Gilbert D. Chavenelle City Manager Mayor Ludwig moved that the recommendation of the City Man- ager be approved. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. Nays—None. Notice of claim of Emil F. Alt. haus, on behalf of Stephen Alt - haus, a minor, of 2020 Green Street, in an unspecified amount, for personal injuries received by said minor while working during the flood period on April 11, 1967, presented and read. Councilman Pfohl moved that the notice of claim be referred to the City So- licitor for investigation and re- port. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. Nays—None. Notice of claim of William R. Olseen of Stromsburg, Nebraska, in an estimated amount of $38.85, for car damage received as the result of being struck by a city garbage truck on April 28, 1967 while parked on Angella Street, present- ed and read. Councilman Pfohl moved that the notice of claim be referred to the City Solicitor for investigation and report. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. Nays—None. Notice of Claim of Mrs. Heinz Failmezger, in the amount of $300 for damage and expense incurred as the result of a backed -up sani- tary sewer at 1408 Dodge Street on April 22, 1967, presented and read. Councilman Pfohl moved that the notice of claim be referred to the City Solicitor for investigation and report. Seconded by Council- man Pregler. Carried by the fol- lowing vote: Yeas — Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. Nays—None. ORDINANCE NO. 20.67 An Ordinance authorizing Rich- ard E. & Yvonne J. Walton to construct a rock wall, presented and read, Councilman Pregler moved that the reading just had be considered the first reading of the Ordinance. Seconded by Councilman McCau- ley. Carried by the following vote: Yeas — Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None. Councilman Pregler moved that the rule be suspended requiring an Ordinance to be read on three separate days. Seconded by Coun- cilman McCauley. Carried by the following vote: Yeas — Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None. ORDINANCE NO. 20-117 AN ORDINANCE AUTHORIZING RICH- ARD E. & YVONNE J. WALTON TO CONSTRUCT ROCK WALL BE ITORDAINED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE, IOWA: Sechon 1. That Richard E. & Yvonne J. Walton, as owners ofthe ppremises known as Lot 11-J. S. Brunskill's Add , In the City ofDubuque be, and they are hereby granted the revocable li- cense andauthority to construct and maintain a Rock Wall under the terms and conditions set forth In this Ordi- nance: Section 2. That such construction shall be done In accordance with plans here- tofore submitted by permittees and ap- proved by City Manager, under the supervision and direction of the City Manager, and In accordance with all applicable state and federal laws and regulations, and the ordinances of the City of Dubuque. Section 3. That the permission herein granted is expressly conditioned on per- mlitees agreement to: (a) Assume any and all liability for damages to persons or property which may result from the exis- tence, construction or maintenance of said Rock wall. (b) To pay on behalf of the City of Dubuque all sums which the City of Dubuque shall become obligated to pay by reason of the liability Im- posed upon the City of Dubuque for damag s of any kind resulting from the existence, construction or main- tenance of said Rock wall sus- tained by anyperson or persons, caused by accident or otherwise, to defend at Its own expense and on behalf of said City any claims against the City of Dubuque arising out of the existence, construction or main- tenance of Rock wall. Regular Session, May 1, 1967 20 4. That the permission herein Is expressly condlti ned upon s further a9rer"t that should and priviegherein granted tded or revoked by the City permittees, or their_ successors after receipt of written notice from the City Manager, so to do, at their own expense, remove said Rock wall and in the event of their }allure so to do, the City of Dubuque shell be authorized to remove Bald Rock wall at permittee6 ex- pense and dispose of the same, and the permittees shall have no cl Im against the City or Its agents for �amapes re- sulting from the removal of sal d Rock wall. Section S. This Ordinance shall be- come effective and the rights here- under acture to Richard E. 6 Yvonne J. Walton when this Ordinance h a s been adopted by the City Council and the terms and conditions thereof ac- cepted by permittees by acceptance en- dorsed on this Ordinance. Passed, adopted and approved this Ist day of May A.D. 1967. RICHARD LubwIG Mayor M. SYLVESTER MCCA�JLEY MERLIN F. SCHULTZ ELID A. PFOHL WALTER A. PREGLER ATTEST: Councilmen Leo F. Frommelt City Clerk ACCEPTANCE OF ORDINANCE No. 20.67 e undersigned having read and be - familiar with the terms and con. ns of Ordinance No. 20-67 hereby, themselves, their successors or as- s, as owners of the abutting prop - accept the same and agree to be ,d by the conditions and agreements ein contained to be Performed by n The Telegraph - On day of May, Leo F. Frommelt it, SJ City Clerk Councilman Pregler moved final adoption of the Ordinance. Second- ed by Councilman McCauley. Car- ried by the following vote: Yeas — Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None. ORDINANCE NO. 21.67 An Ordinance amending and changing Ordinance No. 3-34 known as the Zoning Map and Zoning Ordinance of the City of Dubuque so as to change certain property hereinafter described from "Single Family Residence District" Classification to "Mul- tiple Residence District" Classi- fication, (Lot 5 of Lange's Sub- division) Presented and read. Councilman Schultz moved that the reading just had be consid- ered the first reading of the Or- dinance. Seconded by Mayor Lud- wig. Carried by the following vote: Yeas — Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. Nays—None. Councilman Schultz moved that the rule requiring an Ordinance to be read on three separate days be waived. Seconded by Mayor Lud- wig. Carried by the following vote: Yeas — Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. Nays—None. Councilman Schultz moved that a public hearing be held on the Ordinance on May 22, 1967 at 7:30 o'clock P.M. (D.S.T.) in the Coun- cil Chamber at the City Hall and that the City Clerk be instructed to publish notice of the hearing in the manner required by law. Seconded by Mayor Ludwig. Car- ried by the following vote: Yeas — Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. Nays—None. ORDINANCE NO. 22-67 An Ordinance Amending Ordin- ance No. 33.49, known as the "Traffic Code of Dubuque, Iowa" by enacting a new section 25 to provide that the provisions of Section 9.1 referring to reck- less driving and the provisions of 7.1, 7.2, 7.3, 7.4 and 7.5 which relate to the duty of a driver in the event of an acci- dent with an attended or un- attended vehicle, involving per- sonal injuries or involving dam. age thereto and relating to the duty to report accident to the police shall apply to the streets, highways and elsewhere within the City of Dubuque, Iowa, presented and read. Councilman Pfohl moved that the reading just had be consider- ed the first reading of the Ordin- ance. Seconded by Councilman Schultz. Carried by the following vote: Yeas—Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None. Councilman Pfohl moved that the rule requiring an Ordinance to be read on three separate days be waived. Seconded by Council- man Schultz. Carried by the fol- lowing vote: _'10 Regular Session, May 1, 1987 Yeas — Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None, ORDINANCE NO. 22.67 AN ORDINANCE AMENDING ORDI. NANCE TRAFFICO CODE QKOFW DUBUJUAS THE IOWA" BY ENACTING A NEW EC - TION 25 TO PROVIDE THAT THE PROVISIONS OF SECTION 9.1 RE- ANDRTHE PROVISIONSSOFD 1, 7.2 7.3, 7.4 AND 7.5 N.'HICH RELA`rE TO EVENTT PF DUTY AN ACCIDFSNTRWITH ATTFNn THE n p itNAT ENDED VEE N(5W_TH(=RE b'kE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Ordinance No. 33-49, known as the "Traffic Code of Dubuque, Iowa" be and the same is hereby amended by enacting a new Section 25 thereto as follows: 25. The provisions of this Traffic Code relating to the operation of vehicles refers exclusively to the operation of vehicles upon streets and highways ex- ceppt: 1) Where a different place is spe- cifically referred to in a given sec- tion. 2) The provisions of Section 9.1 and the provisions of 7.1, 7.2, 7.3, 7.4 and 7.5 Inclusive of Ordinance No. 33-49 shall apply upon the streets and highways and elsewhere throughout the City of Dubuque." Passed, adopted and approved this 1 5 1 day of May 1967. RICHARb LUDWIG Mayor M. SYLVESTER McCAULEY MERLIN F. SCHULTZ ELDON A. PFOHL WALTER A. PREGLER ATTEST: Councilmen Leo F. Frommelt City Clerk Published officially in The Telegraph - Herald Newspaper this 4th day of May, 1967. Leo F. Frommelt It. 5.4 City Clerk Councilman Pfohl moved final adoption of the Ordinance. Second- ed by Councilman Schultz. Car- ried by the following vote: Yeas — Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None. ORDINANCE NO. 23.67 An Ordinance regulating the sale to minors of model glues containing solvents having the property of releasing toxic vapors: prohibiting the illegal use (commonly known as "Glue - Sniffing") of said glues by min. ors and others: defining model glue and providing penalties for violations of the provisions here- of, Presented and read. Councilman Pregler moved that the reading just had be considered the first reading of the Ordinance. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays — None. Councilman Pregler moved that the rule requiring an Ordinance to be read on three separate days be waived. Seconded by Council- man Schultz. Carried by the fol- lowing vote: Yeas — Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None. ORDINANCE NO. 23.67 AN ORDINANCE REGULATING T H E SALE TO MINORS OF MODEL ING Y 1 EAS, In the recent Past the of glue b9 minors In the City ?ue has become a serious prob- WHEntAS, it has affected minors peWHEREAS, and has been reported by competent medical authorities that the sniffing of glue can have a permanent deleterious effect upon ones health. NOW THEREFORE BE IT OR- DAINED LY THE CITY COU14CIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Definition of Model Glue -- As used in this Ordinance the term "model glue" shall mean any glue or cement of the type commonly used in the building of model airplanes, boats, and automobiles, containing toluene, ace- tone, or other solvent or chemical hav- ing the property of releasing toxic va- pors. Section 2. Inhalation of Fumes Pro- hibited—No person shall, for the Pur- pose of causing a condition of Intoxica- tion, euphoria, excitement, exhilaration, stupefaction, or dulling of the senses or nervous system, intentionally smell or inhale the fumes from any model glue; Provided, however, that this section shall not apply to the Inhalation of any anesthesia for medical or dental Pur - Poses. Section 3. Possession or Transfer for Unlawful Purpose Prohibited—No Per, shall intentionally possess, buy, sell Sun possession, or receive possession of any model glue, for the purpose of transmitting or furnishing same to a Person under 18 Years of age, except as provided in this Ordinance. Section 4. Use by Minors Regulated. (a) I=xcept as provided in subsectlon (c) hereof, no person under 18 years of a?e shall Possess or buy any mode glue. W Except as provided in subsection (c) hereof, no Person shall sell or transfer possession of any model glue to another person under 18 Years of age. (c) Provided, however, a person may sell or transfer Possession of model glue to a person under 18 years of age for model building or other law. ful use where said minor Is ac- companied by a person over 18 years of age. Section 5. There Is hereby excepted from the provisions hereof the sale of oils, for making models, which contain model, only enough glue to construct such 4 of any not theoprovisionso ofothisol4rldl nonce, a person shall be punished by a fine of not more than $100.00 or by Im. prisonment of not more than thirty days. Regular Session, May 1, 1967 209 Passed, adopted and approved this 1st dayRICHA&D 1L6UbwIG Mayor M. SYLVESTER M�AULY MERLIN F. CCLZ EIA. PFOL WALTER A. PREGLER Councilmen ATTEST: Leo F. Frommelt Cl Clerk Published officially In The Telegraph - Herald Newspaper this 4th day of May, Lao F. Frommelt 1f 54 City Clerk Councilman Pregler moved final adoption of the Ordinance. Second- ed by Councilman Pfohl. Carried by the following vote: Yeas — Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None. ORDINANCE NO. 24-67 An Ordinance authorizing Rob= ert A. Beam to construct a stone retaining wall 412 feet on city property in front of 1801 Lin- coln Avenue, presented and read. Councilman Pregler moved that the reading just had be considered the first reading of the Ordinance. Seconded by Councilman McCau- ley. Carried by the following vote: Yeas—Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None. Councilman Pregler moved that the rule requiring an Ordinance to be read on three separate days be waived. Seconded by Council- mna McCauley. Carried by the fol- lowing vote: Yeas—Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None. ORDINANCE NO. 74.67 AN ORDINANCE AUTHORIZINGRo- bert A. Beam to construct a Stone Re. Mining Wall 41,7 feet on City Property In front of 1801 Lincoln Avenue. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1 That Robert A. Beam, as owner of the premises known as Lot 553 Ham's Addition, In the City of Du. buque be, and he Is hereby granted the revocable license and authority to con. •truct and maintain Stone Retaining Wall, under the term, and conditions cat forth In this Ordinance: Section 7. That such construction shall be done In accordance with plans here- tofore submitted by permittee and ap- provedby City Managger, under the $$u pervislon and direction of the Cltr Manager, and In accordance with all applicable state and federal laws and regulations. and the ordinances of the City of Dubuque. Section 7. That the permission herein granted I, oxpr",.Iv conditioned on per- mittee agreement to: (a) Assume any and all liability for damages to persons or proPe V which may result from the ex sF Price, construction or maintenance of said Stone Retaining Wall. (b) TO Pay on behalf of the City of JILuque Ali sums which the City of ubucl1ue shall become obligated LPay by reason of the liability posed upon the City of Dubuque r damages of any kind resulting in" the existence. construction or maintenance of said Stone Retaln- Ing Wall, sustained by any person or persons, caused by accident or otherwise, to defend at its own ex- pense and on behalf of said City any claim against the City of Du- buque arising out ofthe existence construction or maintenance of said Stone Retaining Wall. Section 4. That the Permission herein anted is expressly conditioned upon ermittee further agreement that should e right and privilege herein granted P rescinded or revoked by the City ouncil, permittee, or his successors In iterest, as owners.. of the abuting Prop - receipt Ct Wrhllen nonce from the city Manager, so to do, at his own expense, remove said Stone Retaining Wall, and In the event of his failure so to do, the City of DUbudue shall be. authorized to remove said Stone Retaining Wall, at per- mlttees expense and dispose of the same, and the permittee shall have no claim against the City or Its agents for dam- npes resulting from the removal of said St2ne Retaining Wall. section S. This Ordinance shall br- come effective and the rights hereunder accrue to Robert A. Beam when this Or- dinance has been adopted by the City Council and the terms and conditions thereof accepted by Permittee by ac- ceptance ceptance endorsed on this Ordinance. assed, adopted end approved this 1st day of May, A.D. 1967. Rico ard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler Councilmen Attest: Leo F, Frommelt City Clerk ACCEPTANCE OF ORDINANCE No. 24-67 The undersigned having read and be - Ing familiar with the terms and condl- tions of Ordinance No. 24-67 hereby, for himself, his successors or assigns, as owner of the abutting property, accept the same and agree to be bound by the condtions and agreements therein con- tained to be performed by permittee. Dated May 1, 19Robert A. Beam Propert Owner Herralld Newsplaperlythis 41hh flay Telegraph - Herald 1967. Leo F. Frommelt City Clerk. Councilman Pregler moved final adoption of the Ordinance. Sec- onded by Councilman McCauley. Carried by the following vote: Yeas—Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None. Petition of Dale L. Reuter for vacation and possible purchase of an alley, or portion thereof, be- tween Ashton and Avoca streets, abutting the W% of lots 304 and 305 Woodlawn Park Addn., pre- sented and read. Councilman Pregler moved that the petition be referred to the Planning and Zoning Commission. Seconded by Councilman Pfohl. Carried by the following vote: Yeas—Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None. 210 Regular Session, May 1, 1967 Petition of A-1 Plumbing Cool- ing & Heating Co., requesting per- mission to excavate at 465 Bluff Street, presented and read. Coun- cilman Pregler moved that the petition be granted subject to ap- proval of the City Engineer. Sec- onded by Councilman Schultz. Car- ried by the following vote: Yeas — Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays — None. Petition of V.F.W. requesting permission to hold a parade on Memorial Day, presented and read. Councilman Pfohl moved that the petition be referred to the Mayor and City Manager. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None. Petition of Thomas E. Hoffmann of 2915 VanBuren, requesting per- mission to connect to city water to property outside the city limits, presented and read. Councilman McCauley moved that the petition be referred to the City Manager and Water Department. Seconded by Councilman Pfohl. Carried by the following vote: Yeas — Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. Nays—None. Petition of Conrad Plumbing & Heating Co. requesting permission to excavate in the 800 block on Dodge Street, presented and read. Mayor Ludwig moved that the peti- tion be approved. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays — None. Petition of V.F.W. requesting permission to hold a poppy day sale on May 19th and 20th 1967, presented and read. Councilman Pfohl moved that the petition be referred to the Mayor and City Manager. Seconded by Council. man Pregler. Carried by the fol- lowing vote: Yeas -- Mayor Ludwig, Council. men McCauley, I'fohi, Pregler, Schultz. Nays — None. Petition of Dubuque Downtown Merchants Assn. requesting per- mission to close 700, 800 and 900 blocks of Main Street from 8:00 A.M. Friday, May 26th, to 5:30 P.M. Saturday, May 27, 1967, for promotion of "Summer in the City" days, presented and read. Council- man Pregler moved approval of the petition subject to approval of the City Manager. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays — None. Petition of Peoples Natural Gas requesting permission to excavate at Crestwood Drive and J. F. K. Road, presented and read. Council- man Pfohl moved approval of the petition subject to approval of City Engineer. Seconded by Coun- cilman Schultz. Carried by the following vote: Yeas — Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None. Petition of St. Paul's Evangelical Lutheran Church at 2025 Jackson St. requesting blacktop paving of the alley from 20th to 21st street, presented and read. Councilman Pfohl moved that the petition be referred to the Manager, Street Commissioner and Engineer for in- vestigation and report. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays — None. April 25, 1967 To the Honorable Mayor and City Council Gentlemen: In the first four months of 1967, fourteen accidents have occurred on the Iowa end of the Julien Du- buque Bridge. Two people have been badly injured. In seven of the fourteen accidents, motorists have been charged with speeding. In the same time period last Year, thirteen accidents occurred and ten people were injured. In nine of the thirteen accidents mot- orists were charged with speeding. At the present time the speed limit for the bulk of the bridge is Regular Session, May 1, 1967 211 45 miles per hour. The Traffic Committee strongly feels that the speed limit for the entire bridge should be 35 miles per hour. It is hoped that the lower speed limit will reduce the probability and frequency of accidents without increasing congestion. I recommend that the Council Xalvorably consider a resolution recommending the 35 mile per hour speed limit to the Iowa State Highway Commission. Respectfully, Gilbert D. Chavenelle, City Manager Councilman Pregler moved that the communication be received and filed. Seconded by Councilman Pfohl. Carried by the following vote: Yeas — Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays — None. RESOLUTION NO. 109-67 WHEREAS, by reason of the heavy traffic congestion and high number of vehicle accident on the Julien Dubuque Bridge; and WHEREAS, The Traffic Committee has in- vestigated the congestion and ac- cident rate and recommended that the maximum speed limit be 35 miles per hour; NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA THAT: The City Council recommend to the Iowa State Highway Com- mission that the speed limit on the Julien Dubuque Bridge be set at 35 miles per hour, and that passing on the bridge be prohibited. Passed, adopted, and approved this 1st day of May, 1967. Richard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler Councilmen Attest: Leo F. Frommelt, City Clerk Councilman Schultz moved adop- tion of the resolution. Seconded by Councilman Pfohl. Carried by the following vote: Yeas — Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays — None. RESOLUTION NO. 110.67 Resolution and Application for Approval of the Permanent Transfer of Funds. WHEREAS, there is now in the hands of the treasurer the sum of $138,420.66, credited to the Gen- eral (Land Sales Account) fund, and WHEREAS, it is desired to trans- fer $62,756.82 from the General (Land Sales Account) Fund to the 1966 Emergency Flood Control Fund, for the following reasons: In 1966 a flood such as was ex- perienced in 1965 was very pos- sible and preparations to meet this threat were dealt with as an emer- gency, causing this referred to ex- pense. This cost, as referred to, is now an overdraft that will be taken care of by this transfer as requested. and WHEREAS, said transfer is to be permanent in accordance with Sec- tion 24.22, Code of Iowa, and WHEREAS, there is sufficient money in the General (Land Sales Account) fund to meet all demands thereon, and WHEREAS, all laws relating to municipalities have been complied with, NOW THEREFORE, be it re- solved by the City Council of Du- buque, Iowa of Dubuque County, Iowa, subject to the approval of the State Comptroller, that said sum of $62,756.82 be, and the same is hereby transferred from the General Fund (Land Sales Ac- count) funds to the 1966 Emergen- cy Flood Control fund, and the City Auditor (Secretarial officer) is directed to correct his books ac. cordingly and to notify the treas- urer of this transfer, accompany- ing the notification with a copy of this resolution and the record of its adoption. The vote thereon was as follows: Yeas — Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. Nays—None. Richard Ludwig (Presiding officer) Leo F. Frommelt (Secretarial officer) 212 Regular Session, May 1, 1967 I hereby certify the above to be a true and correct copy of resolu- tion passed by the City Council on the 1st day of May, A.D. 1967. Leo F. Frommelt (Secretarial officer) APPROVAL The above application and reso- lution having been filed with the State Comptroller, the transfer re- quested is approved this 3rd day of May, 1967. Marvin R. Seldon, Jr. State Comptroller Councilman Pfohl moved adop- tion of the resolution. Seconded by Mayor Ludwig. Carried by the fol- lowing vote: Yeas — Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. Nays—None. RESOLUTION NO. 111.67 WHEREAS, on August 2, 1965, City of Dubuque, Iowa, as Lessor and Frommelt Building Corpora- tion as Lessee entered into a writ- ten lease covering the following described real estate: Sears Roebuck and Company Subdivision No. 2 in the City of Dubuque, Iowa; and WHEREAS, City of Dubuque, Iowa, has sold a portion of the above described real estate to Frommelt Building Corporation. NOW THEREFORE Be It Re- solved by the City Council of the City of Dubuque, Iowa: Section 1. That the lease dated August 2, 1965, by and between City of Dubuque, Iowa, as Lessor and Frommelt Building Corpora- tion as Lessee should be amended in the following respects: 1. The description of the leased property is amended to cover the following described prop- erty only: Lot 1 of the Subdi- vision of Sears, Roebuck and Company Subdivision No. 2 in the City of Dubuque, Iowa; 2. The annual rental for such property, commencing Au- gust 2, 1967, shall be the sum of Two Hundred Thirty -Five ($235.00) Dollars, payable an- nually in advance. Section 2. That the Mayor and City Clerk be and they are hereby authorized, empowered and direct. ed to execute the amendment to said lease for and on behalf of City of Dubuque, Iowa. Passed, adopted and approved this 1st day of May, 1967. Richard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler 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 Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. Nays—None. AMENDMENT TO LEASE The Lease Agreement entered into August 2, 1965, between the City of Dubuque, Iowa, a Municipal Corporation, Lessor and Frommelt Building Corporation, an Iowa corporation, Lessee, is hereby amended as follows: (1) The description of the leased property is amended to cover the following described property only: Lot One (1) of the Subdivision of Sears Roebuck and Com- pany Subdivision Number Two (2) in the City of Dubuque, Iowa. (2) The annual rental for such property, commencing August 2, 1967, shall be the sum of Two Hundred Thirty-five Dollars ($235.- 00), payable annually in advance. Executed in duplicate at Du- buque, Iowa, this 1st day of May, 1967. CITY OF DUBUQUE, IOWA, a Municipal Corporation, Lessor; BY Richard Ludwig Mayor and Leo F. Frommelt, City Clerk FROMMELT BUILDING CORPORATION, an Iowa Corporation, Lessee; By C. P. Frommelt, Its Sec. & Treas., 5.3-67 May 1, 1967 Honorable Mayor and Council Members Gentlemen: The City Planning and Zoning Commission has reviewed the final 0 Rcgular Session, May 1, 1987 213 plat of Mark heights Subdivision and have found that it meets the requirements of the subdivision regulations. Attached is a letter from the City Engineer stating ap- proval of the plat. It is the recom- mendation of the Commission that the plat be approved. Respectfully submitted, Don Gilson, Director of Planning Councilman Pregler moved that the communication be received and filed. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays — None. RESOLUTION NO. 112-67 Resolution Approving Plat of Subdivision of "Mark Heights." WHEREAS there has been filed with the City Clerk a plat in which Subdivision of Mark Heights is platted as Lot 1, Lot 2 and Lot 3 of the Sub. of Mark Heights, in the City of Dubuque, Dubuque County, Iowa and, WHEREAS said plat has been examined by the City Plan Com- mission and had its approval en- dorsed thereon; and, WHEREAS said plat has been examined by the City Council and they find the same conforms to the Statutes and Ordinances relat- ing thereto; NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the above de- scribed plat be and the same is hereby approved and the Mayor and Clerk be and they are hereby authorized and directed to endorse the approval of the City upon said plat. Passed, adopted and approved this 1st day of May A.D., 1967. Richard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler 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 Ludwig, Council. men McCauley, Pfohl, Pregler, Schultz. Nays — None. Communication of Dubuque Dock Commission submitting a resolution passed by them on April 27, 1967 renaming the Seventh Street Harbor to Charles E. Dove Harbor, presented and read. Mayor Ludwig moved that the communi. cation be received and filed. Sec- onded by Councilman Schultz. Car. ried by the following vote: Yeas — Mayor Ludwig, Council. men McCauley, Pfohl, Pregler, Schultz. Nays — None. DOCK RESOLUTION NO. 427 WHEREAS, the City of Dubuque Board of Dock Commissioners, af- ter hearing a petition of the Cham- ber of Commerce and the Julien Dubuque Summer Carnival Group, has taken into consideration the long and faithful service of Charles E. Dove to the City of Dubuque and its people, and; WHEREAS, the City of Dubuque Board of Dock Commissioners wishes to give public recognition to this man who long has worked for his City and who has shown special interest in the Mississippi River, its problems and conditions, and; WHEREAS, the City of Dubuque Board of Dock Commissioners deems it to be in the best interests of the City of Dubuque to desig- nate and name the Seventh Street Harbor in the City of Dubuque Harbor the "Charles E. Dove Har- bor"; NOW THEREFORE Be It Re• solved by the City of Dubuque Board of Dock Commissioners: Section 1. That the City of Du- buque Board of Dock Commission. ers forward to the City Council their recommendation that the Seventh Street Harbor be renamed the Charles E. Dove Harbor. Section 2. That the City of Du- buque Board of Dock Commission- er's Manager be in and she is hereby directed to transmit a cer- 214 Regular Session, May 1, 1967 tified copy of this resolution to Charles E. Dove. Passed, Adopted, and Approved this 27th day of April, 1967. City of Dubuque Board of Dock Commissioners Signed, Don Mueller Chairman Joe R. Voelker Secretary Vincent J. Kaiser Commissioner Mayor Ludwig moved that the resolution be made a matter of rec- ord. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. Nays—None. RESOLUTION NO. 113-67 Resolution Designating and Nam- ing the Seventh Street Harbor as "Charles E. Dove" Harbor. WHEREAS, for many years Charles E. Dove has given unselfishly and un- stintingly of his time and energy in the public service, and WHEREAS, he has held many responsible offices in the City Government, private industry and in the Mis- sissippi Valley Association, and has conducted himself in such a manner as to reflect only cred- it upon himself and this City, and WHEREAS, it is only fitting and proper that Charles E. Dove be given public recognition of his service to this City, NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF DUBUQUE, IOWA: Section I. That in public recog- nition of the long and outstanding public service of Charles E. Dove, that the Seventh Street Harbor in the City of Dubuque, Iowa, be and the same is hereby designated and named as Charles E. Dove Harbor; Section 2. That the City Clerk be and he is hereby directed to trans- mit a certified copy of this resolu- tion to Charles E. Dove. Passed, adopted, and approved, this 1st day of May, 1967. DUBUQUE CITY COUNCIL Richard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler Councilmen Attest: Leo F. Frommelt, City Clerk Mayor Ludwig moved adoption of the resolution. Seconded by Councilman Pfohl. Carried by the following vote: Yeas — Mayor Ludwig, Council- men A1cCauley, Pfohl, Pregler, Schultz. Nays — None. RESOLUTION NO. 114-67 WHEREAS, Eldon T. Herrig peti- tioned the City Council to vacate Steven Court in St. George Sub- division and also requesting the vacation of that part of the St. George Subdivision known as Lots 1, 2, 3 and 4 of Block 4 and Lots 5, 6, 7, 8, 9 a n d Lot 2 o f 4 of Block 3, in St. George Subdivision; and WHEREAS, the Planning and Zoning Commission of the City of Dubuque, Iowa, has consented to such vacation and has approved the same. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the vacation of Steven Court and the vacation of that part of St. George Subdivision known as Lots 1, 2, 3 and 4 of Block 4 and Lots 5, 6, 7, 8, 9, and Lot 2 of 4 of Block 3 of St. George Subdivision be and the same is hereby approved. 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 lst day of May, 1967. Richard Ludwig Mayor M. Sylvester McCauley Eldon A. Pfohl Walter A. Pregler Merlin F. Schultz Councilmen Attest: Leo F. Frommelt, City Clerk T 0 Regular Session, May 1, 1967 215 Councilman Pregler moved adop- tion of the resolution and that a public hearing be held on June 5, 1967, at 7:30 P.M. in the Council Chamber at the City Hall and the City Clerk be instructed to publish notice of same as required by law. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays — None. RESOLUTION NO. 115.67 WHEREAS, applications for Beer Permits have been submitted to this Council for approval and the same have been examined: NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the following applica- tions be granted and licenses be is- sued upon the compliance with the terms of the ordinances of the City. CLASS "B" BEER PERMIT PRIVATE CLUB Dubuque Golf & Country Club, 1800 Randall Place Dubuque Metal Trades Council Club, 111 West 6th Street CLASS "B" BEER PERMIT Carl N. Brant, 2600 Central Ave- nue Richard N. Stecklein, 450 West Lo- cust Street Kathleen L. Wedig, 1399 Jackson Street Herbert F. Bisping, 1401 Elm Street Karl Henry Oleson, 1701 Asbury Road Raymond Ney, 2186 Central Ave- nue Harriet Bush, 700 East 16th Street Merlyn L. Weber, 1904 Central Avenue Charles R. Cushing, 1091 Main Street Donald C. Sharpe, K.D., Dubuque Yacht Basin, Inc. Harry N. Gantert, 1301 Rhomberg Avenue Fred Ansel, 1100 Lincoln Avenue Marco Giunta, 2022 Central Ave- nue Denise O'Neill, 55 Locust Street Pete S. Sfikas—Gust Karigan, 401- 405 Central Avenue Dubuque Sports Bowl, Inc., East 16th Street Ext. CLASS "C" BEER PERMIT Carl Chalder, 101 West 5th Street Carl Van Duelman, 590 Clarke Drive Passed, adopted and approved this 1st day of May, 1967. Richard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pfohl moved adop- tion of the resolution. Seconded by Councilman Schulte. Carried by the following vote: Yeas — Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. Nays—None. RESOLUTION NO. 11667 WHEREAS, applications for Beer Permits were filed by the within named applicants and they have received the approval of this Council; and WHEREAS, the premises to be occupied by such applicants were inspected and found to comply with the ordinances of this City and they have filed proper bonds: NOW THEREFORE, Be It Re- solved by the City Council of the City of Dubuque, Iowa, that the Manager be and he is hereby di- rected to issue to the following named applicants a Beer Permit. Class "B" Bear Permit Private Club Dubuque Golf and Country Club - 1800 Randall Place. Dubuque Metal Trades Council Club -111 West 6th Street. Class "B" Baer Permit Carl N. Brant -2600 Central Ave- nue. Richard N. Stecklein-450 West Locust Street. Kathleen L. Wedig-1399 Jackson Street. Karl Henry Oleson-1701 Asbury Street. Raymond Ney-2186 Central Ave- nue. Harriet Bush -700 East 16th Street. Merlyn L. Weber -1904 Central Avenue. 216 Regular Session, May 1, 1967 Charles R. Cushing -1091 Main Street. Donald C. Sharpe, M.D.—Dubuque Yacht Basin, Inc. Harry N. Gantert-1301 Rhomberg Avenue. Fred Ansel -1100 Lincoln Avenue. Marco Giunta -2022 Central Ave- nue. Denise O'Neill -55 Locust Street. Pete S. Sfikas and Gust Karigan- 401-405 Central Avenue. Dubuque Sports Bowl, Inc.—East 16th Street Ext. Herbert F. Bisping-1401 Elm Street. Class "C" Beer Permit Carl Chalder-101 West 5th Street. Carl Van Duelman-590 Clarke Drive. BE IT FURTHER RESOLVED that the bonds filed by such appli- cants be and the same are hereby approved. Passed, adopted and approved this 1st day of May, 1967. Richard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pfohl moved adop- tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas—Mayor Ludwig, Council. men McCauley, Pfohl, Pregler, Schultz. Nays—None. RESOLUTION NO. 117.67 WHEREAS, applications for Li- quor Permits have been submitted to this Council for approval and the same have been examined. NOW THEREFORE BE 1T RE- SOLVED, by the City Council of the City of Dubuque, Iowa, that the following applications be granted and licenses issued upon the compliance with the terms of the IOWA LIQUOR CONTROL ACT—CHAPTER 123—as amended by the 60th General Assembly, 1963. Class "C" Commercial Establishment Raymond Ney--2186 Central Ave. nue. Charles R. Cushing -1091 Main Street. Passed, adopted and approved this 1st day of May, 1967. Richard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler Councilmen Attest: Leo F. Frommelt City Clerk Councilman Schultz moved adop- tion of the resolution. Seconded by Councilman McCauley. Carried by the following vote: Yeas—Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None. RESOLUTION NO. 118-67 WHEREAS, applications for Li- quor Permits were filed by the within named applicants and they have received the approval of this Council, and WHEREAS, the premises to be occupied by such applicants were inspected and found to comply with the State Law and all City ordinances relevant thereto and they have filed proper bonds; NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the follow- ing named applicants a Liquor Permit. Class "C" Commercial Establishment Raymond Ney— 2186 Central Ave- nue. Charles R. Cushing -1091 Main Street. Passed, adopted and approved this 1st day of May, 1967. Richard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pfohl moved adop- tion of the resolution. Seconded by Mayor Ludwig. Carried by the following vote: Yeas—Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None. I� Regular Session, May 1, 1967 217 Mayor Ludwig moved that Allan I Klein be appointed to the un- expired term to March 5, 1971 of Bert Graham deceased on the Board of Zoning Adjustment. Sec- onded by Councilman Pfohl. Car- ried by the following vote: Yeas—Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None. There being no further business Councilman Schultz moved to ad- journ. Seconded by Councilman McCauley. Carried by the follow- ing vote: Yeas—Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None. Approved ... 4>94At.... L ..... 1967 Adopted .... Au�118 t ....1967 ..............��.. ............................. :............. City Clerk 218 Special Session, May 5, 1961 CITY COUNCIL OFFICIAL Special Session May 5, 1967. Council Met at 7:30 P.M. (D.S.T.) Present—Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. City Manager Gilbert D. Chavenelle. Mayor Ludwig read the call and stated that service thereof had been duly made and this meeting is called for the purpose of adopt- ing a resolution fixing the date of public hearing for the Downtown Urban Renewal Project Iowa R-15, and acting upon such other busi- ness as may properly come before a regular meeting of the City Council. Notice of Suit by Life of Mid- America Insurance Company vs. Merlin L. and Janet M. Reittinger, City of Dubuque, State Tax Com- mission and Beneficial Finance Co. of Iowa in the total amount of $14,858.42 (city has an interest in the amount of assessment for street constructed in 1966 namely W. 5th Street) presented and read. Mayor Ludwig moved that the notice of Suit be referred to the City Solicitor for investigation and report. Seconded by Councilman McCauley. Carried by the follow- ing vote: Yeas—Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None. Petition of Dubuque Jaycees re- questing permission to hold an orderly protest march in down- town Dubuque on Saturday, May 13, from 1:00 to 4:00 P.M. against careless and reckless driving, pre- sented and read. Councilman Pregler moved that the petition be referred to the Mayor, Manager and Traffic De. partment for approval. Seconded by Councilman Pfohl. Carried by the following vote: Yeas—Mayor Ludwig, Council• men McCauley, Pfohl, Pregler, Schultz. Nays --None. RESOLUTION NO. 119.67 Fixing the Date for the Pub- lic Hearing for the Downtown Urban Renewal Project Iowa R-15. WHEREAS. Section 403.5 of the 1966 Code of Iowa provides that the Local Governing Body shall hold a public hearing on an urban renewal project after public notice thereof by a newspaper having a general circulation in the area of operation of the municipality, and WHEREAS, the Part I Applica- tion of the Final Project Report for the Downtown Urban Renewal Project, Iowa, has been submitted to the Department of Housing and Urban Development, United States of America, and WHEREAS, a public hearing on the urban renewal project is re- quired in the preparation and sub- mission of the Part H Application of the Final Project Report in order to obtain federal financial assistance. BE IT THEREFORE RESOLVED by the City Council of the City of Dubuque, Iowa: Section 1. That a public hearing on the Downtown Urban Renewal Project, Iowa R-15, will be held at 7:00 P.M. on May 18, 1967, in Alumnae Lecture Hall, New Sci- ence Classroom Building, Clarke College, 1550 Clarke Drive, Du- buque, Iowa. Section 2. That the City Clerk is hereby directed to cause a notice of the time and place of such hearing be published in some newspaper published in the City of Dubuque and which shall not be less than ten (10) days prior to the day fixed for such hearing from the day of the first publication. Section 3. That the form of notice to be published shall be in the form and style as attached hereto and made a part hereof. Passed, adopted, and approved this 5th day of May, 1967. Richard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz Walter A. Pregler Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman McCauley. Carried by the following vote: Yeas—Mayor Ludwig, Council- men McCauley, Pregler, Schultz. Nays—Councilman Pfohl. d T Special Session, May 5, 1987 219 LEGAL NOTICE OF HEARING PROPOSED DOWNTOWN URBAN RENEWAL PROJECT IN THE CITY OF DUBUQUE, IOWA Notice is hereby given in accord- ance with Section 403.5 of the Code of Iowa that a public hear. ing will be conducted by the City of Dubuque on the proposed Down- town Urban Renewal Project. Said hearing will be held in Alumnae Lecture Hall, New Sci. ence Classroom Building, Clarke College, 1550 Clarke Drive, Du- buque, Iowa at 7:00 P.M. on the 18th day of May, 1967. All property owners shall take notice that said project known as the Downtown Urban Renewal Project, Iowa R-15 shall include the area bounded as follows: 4th Street on the south, Cen- tral Avenue on the east, 9th Street on the north, and Locust Street on the west. The purpose of this hearing is to consider a proposal for the undertaking by the City of Du- buque, Iowa of a project under Chapter 403 of the Code of Iowa with federal financial assistance under Title I of the Housing Act of 1949, as amended to date; to acquire land in the project area; to demolish or remove build. ings and improvements; to install, construct or reconstruct streets, utilities and other poject improve- ments; to make land available for development or redevelopment by private enterprise or public agencies as authorized by law; and to carry out plans for a program of repair and rehabilitation of build- ings. The proposals with respect to relocation policies and the program of the City of Dubuque with re- spect to such policies will also be discussed at the hearing. Any person or oganization desir- ing to be heard will be given an opportunity to be heard at such meeting. Maps and materials are available for inspection at the office of the City Clerk, City Hall, Dubuque, Iowa between 8:00 A.M. and 5:00 P.M. except Saturdays, Sundays, and holidays. Telephone inquiries may be made to the office of the Director of the Department of Urban Renewal—,RaW17. Leo F. Frommelt, 2 t. 5-8-15 City Clerk RESOLUTION NO. 120.67 WHEREAS, the City Council deems it advis. able to have a group of citizens who would serve as a committee in an advisory capacity to the City Council; and WHEREAS, such group of interested citizens should be formally appointed as a Citizens Advisory Commission; NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA THAT: There is hereby established a DUBUQUE ADVISORY COMMIS- SION whose purpose it shall be to: A. Consider the needs of the community. B. Establish priorities of said needs. C. Report to the City Council on needs and priorities. D. Cooperate with the City Coun- cil in seeking solutions to these needs. E. Report to the citizens at large the needs and solutions. F. Encourage maximum support toward solving the establish- ed needs. Passed, adopted and approved this 5th day of May, 1967. Richard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz Walter A. Pregler Councilmen Attest: Leo F. Frommelt, City Clerk Councilman Pregler moved adop. tion of the resolution. Seconded by Councilman McCauley. Carried by the following vote: Yeas — Mayor Ludwig, Council- men McCauley, Pregler, Schultz. Nays — Councilman Pfohl. The following citizens were nam. ed to the Citizens Advisory Com- mission. One Year Terra expiring May 5, 1968 Keith Sheehy, 1955 Jeffrey Drive Roger Rhomberg, 245 Fremont Ave. Sam T. Pusateri, 2425 Green St. 220 Special Session, May 5. 1961 Joseph Mueller, 2132 Avalon Road Rev. Allen Maruyama, 2405 Crissy Drive Donald Klauer, 3570 Keymont, Two Year Term expiring May 5, 9 Mrs. Dorothea Green, 1855 Atlantic Eldon Di,Qman, 3080 Barony Drive Dr. Paul Laube, 1720 overview Ct. James C. Schiltz, 2700 Brunswick Lawrence Wolff, 742 Clarke Drive Saul Greenstein, 2345 Simpson Three Year Term expiring May 5, 1970 Donald R. Meyers, 2314 Washing- ton St. Joseph Ragatz, 3344 Tibey Court Mrs. Doyle Smith, 601 Angella St. Robert. Lungwitz, 2327 Roosevelt St. Joseph A. Paradiso, 2140 Bunker Hill Councilman Pregler moved that Dr. Paul Laube be named Chair- man of the Citizens Advisory Com- mission. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Mayor Ludwig, Council- men McCauley, Pregler, Schultz. < Nays — Councilman Pfohl. Councilman McCauley move that Joseph Ragatz be named Vice - Chairman of the Citizens Advisory Commission. Seconded by Council- man Pfohl. Carried by the follow- ing vote: Yeas — Mayor Ludwig, Council. men McCauley, Pfohl, Pregler, Schultz. Nays—None. Mayor Ludwig moved adoption of the Commission as a whole. Sec- onded by Councilman Pregler. Car- ied by the following vote: Yeas — Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None. The Council went into an Execu- tive Session at 8:50 P.M. to con- sider appointments to various Boards and Commissions and re- turned to the Council Chamber at 9:10 P.M. without arriving at any publicized results. There being no further business Councilman McCauley moved to adjourn. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays --None. Leo F. Frommelt, City Clerk Approved Ain't 7 ,t 1967 Adopted ....... AUuS t ,,,7,x•,1967 .in n i, Attest: ..............'................................. City Clerk !z Special Session, May 9, 1987 221 CITY COUNCIL OFFICIAL Special Session, May 9, 1967. Council met at 7:30 P.M. (D.S.T.) Present—Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler. City Manager Gilbert D. Chav- enelle. Absent at roll cell—Councilman Schultz. Mayor Ludwig read the call and stated that service thereof had been duly made and this meeting is called for the purpose of adopt- ing a RESOLUTION AUTHORIZ- ING AND APPROVING THE SUB- MISSION TO THE DEPARTMENT OF HOUSING AND URBAN DE• VELOPMENT OF A WORKABLE PROGRAM FOR THE CITY OF DUBUQUE, IOWA, and acing upon such other business as may proper- ly come before a Regular meeting of the City Council. Petition of the Playground and Recreation Commission requesting permission to use a mobile P. A. system to travel into the neighbor- hoods advertising their programs providing leisure time activity, pre- sented and read. Councilman Preg- ler moved that the communication be received and filed. Seconded by Mayor Ludwig. Carried by the fol- lowing vote: Yeas — Mayor Ludwig, Council- men McCauley, Pfohl, Pregler. Nays—None. Absent --Councilman Schultz. Councilman Pfohl moved that the rules be suspended in order to let anyone present address the Council if they so desire. Seconded by Councilman Pregler. Carried by the following vote: Yeas—Mayor Ludwig, Council- men McCauley, Pfohl, Pregler. Nays—None. Absent—Councilman Schultz. Recreation Director Richard J. Slattery explained to the Council as to what the Playground Com- mission is trying to accomplish by embarking upon a public relations publicity campaign. The first step in the program was to purchase identification badges and uniform blouses and skirts for the program people. The Second step was the printing of a brochure outlining the summer program and also list- ing other organizations in the city that provide some type of leisure time activity. The third phase of the program would entail the use of a mobile p.a. system to go out into the neighborhoods advertising the progam and stopping at spec- ific areas to allow the neighbors to ask questions and present ideas or suggestions. Councilman Pregler moved ap- proval of the program. Seconded by Councilman McCauley. Carried by the following vote: Yeas — Mayor Ludwig, Council- men McCauley, Pfohl, Pregler. Nays—None. Absent --Councilman Schultz. Petition of S. Frank Murray re- questing extension of the storm sewer behind 1170 Victoria Place, due to continued washout, present- ed and read. Councilman McCauley moved that the petition be referred to the Manager and Engineering Department. Seconded by Mayor Ludwig. Carried by the following vote: Yeas—Mayor Ludwig, Council- men McCauley, Pfohl, Pregler. Nays—None. Absent—Councilman Schultz. Petition of Mrs. Donald Wagner et al requesting the installation of a street light at Alpine & Car- lotta streets, presented and read. Councilman Pregler moved that the petition be referred to the Manager and Electrical Inspector for investigation and report. Sec- onded by Councilman Pfohl. Car- ried by the following vote: Yeas — Mayor Ludwig, Council- men McCauley, Pfohl, Pregler. Nays—None. Absent—Councilman Schultz. Councilman Schultz entered the Council Chamber at 7:55 P.M. Petition of A. Y. McDonald re- questing an easement on the road- way leading into the area of Maus Conservation Park from the north end of the property to the south end along the westerly side, pre- sented and read. Councilman Pfohl moved that the petition be refer - ed to the staff for proper proced- ure. Seconded by Councilman Pregler. Carried by the following vote: 2.22 Special Session, May 9, 196' Yeas — Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None. Petition of William B. Miska et al requesting the installation of street lights on Brueck Road, pre- sented and read. Councilman Preg- ler moved that the petition be referred to the Manager and Elec- trical Inspector for investigation and report. Seconded by Council- man Pfohl. Carried by the follow- ing vote: Yeas—Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None. Petition of Robert Schute et al requesting the installation of street lights in Orchard Hills Subdivision, presented and read. Councilman Pregler stated that possibly the area could be encouraged to install boulevard lighting, said cost to be borne by the Subdivider, after which remark he moved that the petition be referred to the Man- ager and Electrical Inspector for investigation and report. Second- ed by Mayor Ludwig. Carried by the following vote: Yeas—Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None. RESOLUTION NO. 121-67 Authorizing and Approving the Submission to the Department of Housing and Urban Develop- ment of a Workable Program for the City of Dubuque, Iowa. Whereas, the City of Dubuque is convinced of the need of a Work- able Program for Community Im- provement as an essential tool for the orderly growth and redevelop- ment of the entire City through: L An improved administration of codes and ordinances which sets the minimum conditions under which dwellings may be lawfully occupied; 2. The official recognition of a cur- rent comprehensive g e n e r a l plan; 3. A program for seeing that each neighborhood is made up of de- cent homes in a suitable living environment; 4. The administrative responsibility and capacity for carrying out an overall Workable Progam for Community Improvement activ- ities; 5. The recognition of need by the community and the development of the means for meeting the costs of carrying out an effective program for the elimination and prevention of slums and blight; 6.A community to relocate famil- ies and individuals displaced by governmental action in decent, safe, and sanitary housing with- in their means; and 7. Community -wide participation on the part of responsible individ- uals and repesentative citizens organizations which will help to provide, both in the community generally and in selected areas, the understanding and support necessary to accomplish com- munity goals. Be it therefore resolved by the City Council of the City of Du- buque, Iowa: Section 1. That the Mayor is hereby authorized to sign and to file with the Department of Hous- ing and Urban Development, Unit- ed States of America, a Workable Progam for Community Improve- ment for the City of Dubuque. Passed, adopted, and approved this 9th day of May, 1967. Richard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz Walter A. Pregler Councilmen Attest: Leo F. Frommelt, City Clerk Councilman McCauley moved adoption of the resolution. Second- ed by Councilman Pregler. Carried by the following vote: Yeas—Mayor Ludwig, Council- men McCauley, Pregler, Schultz. Nays—Councilman Pfohl. RESOLUTION NO. 122-67 WHEREAS, Arnold Utzig has represented Du- buque in the General Assembly of the State of Iowa for many years; and WHEREAS, he perfomed most diligent and considerate service on the Parole Board of the State of Iowa; and WHEREAS, throughout his life he has con- tinuously served the citizens of Dubuque and has worked for the betterment of the community. T 1 i Special Session, May 9, 1967 2a") NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: THAT THE CITY COUNCIL OF DUBUQUE., IOWA HONORS ARN- OLD UTZIG AND PAYS TRIBUTE TO HIS MEMORY AND EXPRESS THEIR DEEP SYMPATHY TO HIS WIFE AND FAMILY. BE IT FURTHER RESOLVED THAT THIS COUNCIL DIRECTS THE FLAGS ON ALL CITY BUILDINGS TO BE FLOWN AT HALF MAST DURING THE PER- IOD OF MOURNING AND THAT A CERTIFIED COPY OF THIS RESO- LUTION BE FORWARDED TO HIS WIFE AND FAMILY. Passed, adopted and approved, May 9, 1967. Richard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler Councilmen Attest: Leo F. Frommelt, City Clerk Mayor Ludwig moved adoption of the resolution. Seconded bye Councilman Schultz. Carried by the following vote: Yeas — Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None. Councilman Pfohl suggested that it would probably be in the better interest of the public if Senior High Auditorium be considered as the place to hold the public hear- ing on the proposed downtown urb- an renewal project, scheduled for May 18, 1967, rather than Clarke College, due to mainly better park- ing facilities and accommodations. After some discussion amongst the members of the Council Coun. cilman McCauley moved that the meeting be held at Clarke College as planned and according to the notice as already published. Sec- onded by Councilman Ludwig. Car- ried by the following vote: Yeas — Mayor Ludwig, Council. men McCauley, Pregler, Schultz. Nays—Councilman Pfohl. There being no further business Councilman Pregler moved to ad- journ. Seconded by Councilw= McCauley. Carried by the follow- ing vote: Yeas—Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None. Leo F. Frommelt, City Clerk Approved ..AU9L13 t....To.... 1967 �2.j Special Session, M,►y 18, 1967 CITY COUNCIL OFFICIAL Special Session, May 18, 1967. Council met at 7:00 P.M. (D.S.T.) at Clarke College in Alumnae Lec- ture Hall, 1550 Clarke Drive. Present—Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz, City Manager Gilbert D. Chaven- elle. Mayor Ludwig read the call and stated that service thereof had been duly made and this meeting is called to conduct a public hear- ing on the proposed downtown urb- an renewal project Iowa R-15 and acting upon such other business as may properly come before a regular meeting of the City Coun- cil. Proof of Publication, certified to by the Publisher, of Legal Not- ice of Hearing on Proposed Down- town Urban Renewal Project in the City of Dubuque, Iowa, presented and read. Councilman Pfohl moved that the proof of publication be received and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas—Mayor Ludwig, Council- men McCauley, Pfohl, Pregler. Schultz. Nays—None. Printed Legal Notice of Hearing, Proposed Downtown Urban Renew- al Project in the City of Dubuque, Iowa, as mailed from the office of the Urban Renewal Director, pre- sented and read. Councilman Preg- ler moved that the printed notice be received and filed. Seconded by Councilman McCauley. Carried by the following vote: Yeas—Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None. May 18, 1967 DOWNTOWN URBAN RENEWAL PROJECT PROJECT NO. IOWA R-15 Dubuque, Iowa PUBLIC HEARING STATEMENT This public hearing is being held as a requirement of state and federal law. Subsection 3 of Sec- tion 403.5 of the 1966 Code of Iowa provides: "The local governing body shall hold a public hearing on an urban renewal project after public notice thereof by publi- cation in a news2aper having a general circulation in the area of operation of the municipality. The notice shall describe the time, date, place and purpose of the hearing, shall generally identify the urban renewal area covered by the plan, and shall outline the general scope of the urban renewal project under consideration." Section 4-3 of the Urban Re- newal Manual provides: "The notice shall be published at least once a week, for not less than 2 successive weeks im- mediately prior to the date of the hearing, in at least one newspaper of general circulation in the locality. The first publi- cation shall not be less than 10 days prior to the date of the hearing, inclusive of the date of publication but exclusive of the date of hearing." In conformance with the above provisions, notice was published on May 8, 1967 and May 15, 1967, in the Telegraph -Herald, a news- paper of general circulation in the Dubuque area. Certified copies of the notice of public hearing are herewith submitted as evidence of publication. In addition notice was also sent by regular mail to pro- perty owners, if their address was known, and to all occupants within the urban renewal area on May 9, 1967. A copy of this notice is also submitted. Subsection 4 of Section of 403.5 of the 1966 Code of Iowa provides: "Following such hearing, the local governing body may ap- prove an urban renewal project if it finds that: a. A feasible method exists for the location of families who will be displaced fro►n the urban renewal area into de- cent, safe and sanitary dwell- ing accommodations within their means and without un- due hardship to such fami- lies; b. The urban renewal plan con- forms to the general plan of the municipality as a whole; 1 i Special Session, May 18, 1967 225 In the late spring and early summer of 1966, a 100% survey of all families and individuals was conducted by Barton-Aschman As- sociates on behalf of the City of Dubuque. The results of the sur- vey indicated that there were 36 families and 48 individuals living in the Downtown Urban Renewal Project area. The survey also showed that all of the families and individuals will relocate into private housing. It is anticipated that during the relocation period 566 standard rental units and 441 standard pri- vate sales units will be available within the income limits and loca- tion requirements for 27 of the 36 families and 44 of the 49 individu- als. It is estimated that the re- maining 9 families and 5 individu- als will require rent supplementa- tion as standard housing is not ex- pected to become available within their ability -to -pay. Subsection 14 of Section 403.6 of the 1966 Code of Iowa provides every municipality shall have all the powers necessary: • • • "To supplement the rent re- quired,to be paid by any family residing in the municipality forced to relocate by reason of any governmental activity, pro- vided it is necessary to do so in order to house such family in decent, safe and sanitary housing and provided further that such family does not have sufficient means, as determined by the municipality, to pay the required rent for such housing. Any such rent supplement for any such family shall not con- tinue for more than five years." In conformance with the above provision, the City of Dubuque will establish and carry out a local rent supplementation program for those families and individuals de- termined to be eligible for such assistance. Also in conformance with Sub- section 4 of Section 403.5 of the 1966 Code of Iowa, the Dubuque Planning and Zoning Commission adopted on February 16, 1967, Resolution No. 2 which stated: "That based on an analysis of the Urban Renewal Plan for the Downtown Urban Renewal Proj- ect, Iowa R-15, it is hereby 1 found and determined that the said Plan conforms to the gen- eral plan for the development of the City of Dubuque, Iowa, as a whole." Subsection 1 of Section 403.5 of the 1966 Code of Iowa provides: "A municipality shall not ap- prove an urban renewal project for an urban renewal area un- less the governing body has, by resolution, determined such area to be a slum area or blighted area or a combination thereof, and designated such area as ap- propriate for an urban renewal project." In conformance with this pro- vision the Council of the City of Dubuque adopted Resolutions Numbered 122-62 and 59.65 desig- nating the area known as the Downtown Urban Renewal Project Area, Iowa R-15 as a slum, blight- ed, deteriorated, or deteriorating area appropriate for an urban re- newal project. A slum area is defined in Sec- tion 403.17 of the 1966 Code of Iowa as follows: "Slum area" shall mean an area in which there is a pre- dominance of buildings or im- provements, whether residential or non-residential, which; by reason of dilapidation, deteriora- tion, age or obsolescence; by reason of inadequate provision for light, air, sanitation, or open spaces; by reason of high den- sity of population and over- crowding; by reason of the ex- istence of conditions which en- danger life or property by fire and other causes; or which by any combination of such factors, is conducive to ill health, trans- mission of disease, infant mor- tality, juvenile delinquency or crime, and which is detrimental to the public health, safety, mor- als or welfare." Section 403.17 of the 1966 Code of Iowa also defines a blighted area as follows: "Blighted area" shall mean an area which by reason of the presence of a substantial num- ber of slum, deteriorated or de- teriorating structures, predomi- nance of defective or inadequate street layout, faulty lot layout in relation to size, adequacy, ac - 29R Special Session, May 18, 1967 cessibility or usefulness, insani- tary or unsafe conditions, deteri- oration of site or other improve- ments, diversity of ownership, tax or special assessment delin- quency exceeding the fair value of the land, defective or unusual conditions of title, or the exist- ence of conditions which en. danger life or property by fire and other causes, or any com- bination of such factors, sub- stantially impairs or arrests the sound growth of a municipality, retards the provision of housing accommodations or constitutes an economic or social liability and is a menace to the public health, safety, morals or welfare in its present conditions and use. • • •" To substantiate the findings of the City Council and to meet the requirements of Section 403 of the 1966 Code of Iowa, Barton -Asch - man Associates, Urban Renewal Consultants, conducted on behalf of the City of Dubuque a land use and buildings conditions sur- vey during 1966. The surveys con- ducted included a 100% exterior inspection and 98% interior in- spection of the structures in the Project area. The significant re- sults of the survey were as fol. lows: 93.3% of the total of 150 struc- tures in the area were found to contain building deficien- cies. 52.9% of the total of 122 struc- tures to acquire were rated structurally substandard to a degree warranting clearance. 23.8% of the total of 122 struc- tures to acquire were rated in need of major repair. In addition to the above facts 18 structures of the 122 structures to acquire were rated as warrant- ing clearance, in order to remove blighting influences caused by in- compatible uses or land use rela. tionships and obsolete building types not suitable for improve. ment or conversion. As has been demonstrated, the requirements of Section 403 of the 1966 Code of Iowa have been met. The Downtown Urban Re- newal Project in accordance with applicable definitions is a "Slum Area" and is a 'Blighted Area." Substantial elements of blight have been found to exist in the project area which cannot be remedied by the ordinary efforts or operations of private enterprise but does require public participa- tion to assure the successful re- turn of the area to a long-term sound condition. Councilman McCauley moved that the public hearing statement be received and made a matter of record. Seconded by Councilman Pregler. Carried by the following vote: Yeas—Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None. 558 Locust Street Dubuque, Iowa May 18, 1967 Honorable Mayor and Members of City Council Gentlemen: This is to advise that my wife, Iona R. Bandy, and myself own property at 558 Locust Street which is located in the downtown urban renewal project. We occupy this property as our home. This matter has been discussed several times in the past with the Director of Urban Renewal, and he has identified the property as one of the properties to be pur- chased by the City and cleared for redevelopment. I also understand that this has been made a matter of public rec- ord in the Final Project Report. Yours truly, Donald J. Bandy Councilman McCauley moved that the communication be re- ceived and made a matter of rec- ord. Seconded by Councilman Pfohl. Carried by the following vote: Yeas — Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. Nays—None. Communication of Almagamated Meat Cutters and Butcher Work- men of North America Local Un- ion No. 150 endorsing a petition for an election on the matter of Urban Renewal by backing the County Organization for Stabiliza- tion of taxes, presented and read. Councilman Pfohi moved that the communication be received and i i Special Session, May 18, 1967 227 filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Ludwig, Coun. cilmen McCauley, Pfohl, Pregler, Schultz. Nays—None. Communication of Al Mescher of 2160 Avalon Road requesting that an opportunity be given the voter to decide on the current Urban Renewal issue via the ballot box and abide by that opinion, present- ed and read. Councilman Pfohl moved that the communication be received and filed. Seconded by Mayor Ludwig. Carried by the fol. lowing vote: Yeas — Mayor Ludwig, Coun. cilmen McCauley, Pfohl, Pregler, Schultz. Nays—None. Communication of Mrs. Ray Krieg of 1433 Montrose Terrace re- questing that the question of Ur- ban Renewal be brought to a ref- erendum, presented and read. Councilman Pregler moved that the communication be received and filed. Seconded by Council- man Pfohl. Carried by the follow- ing vote: Yeas — Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. Nays—None. Communication of Attorney Dor- othy C. Sauer, Chairman of C.O. S.T. submitting a petition contain- ing 4774 names requesting that the voters be allowed to determine whether or not Dubuque should have Federal Urban Renewal, pre- sented and read. Mayor Ludwig moved that the petition be re- ceived and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. Nays—None. The following referendum re- quests on whether or not Dubuque should have Federal Urban Re- newal, were received by mail in the office of the City Clerk and were presented and read; Jessie Hoerner Dishong, Homer Dishong, Dick Pettengell of 331 Bluff St., Elmer W. Leslein, Ann Leslein, 1877 Garfield Ave., Rose Marie Alba, 1301 Lincoln Ave., Frank Schnee, 20441,z White Street, Aug- ust Lubs and Clara Lubs, 1205 Pamela Court, Mrs. Agnes Schmit, 2195 Avalon Road, Donald Zelle & Mrs. Don Zelle, 3170 Asbury Road, J. E. Travis and Mrs. J. E. Travis, 200 Devon, Raymond P. Klaas, Genevieve M. Klass, 1805 Lincoln Ave., Mrs. Ray Kluck and Ray Kluck, 1576 Glen Oak. Marion J. Ryder, 433 Bluff St., Elizabeth M. Kamps, 428% W. 5th St., Mrs. J. C. Collins, 425 Bluff St., Esther Fritschel, 2146 Broadlawn. Councilman Pfohl moved that the petitions be received and filed. Seconded by Mayor Ludwig. Car- ried by the following vote: Yeas—Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None. Communication of Sam Pusateri of 2425 Green St. requesting per- mission to address the Council at the Urban Renewal hearing on May 18, 1967 at Clarke College, presented and read. Councilman McCauley moved that the com- munication be received and filed. Seconded by Mayor Ludwig. Car- ried by the following vote: Yeas—Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None. Communication of A. L. Weitz of 2999 Burden Ave. requesting permission to speak at the pub- lic hearing scheduled for May 18, 1967, presented and read. Mayor Ludwig moved that the communi- cation be received and filed. Sec- onded by Councilman Pregler. Car- ried by the following vote: Yeas—Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None. Petition of Raymond Taylor re- questing permission to be heard at the public hearing on Federal Urban Renewal to be held on May 18, 1967 at Clarke College, presented and read. Mayor Lud- wig moved that the petition be received and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas—Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None. 228 Specie] Session, May 18, 1967 petition of Berwanger Boiler Co. Gene Niday, requesting permission to be heard at the public hearing on Federal Urban Renewal to be held on May 18, 1967 at Clarke College, presented and read. Mayor Ludwig moved that the petition be received and filed. Seconded by Councilman McCauley. Carried by the following vote: Yeas—Mayor Ludwig, Council. men McCauley, Pfohl, Pregler, Schultz. Nays— one. CXKXX AAK %EGLER MOVED THAT THE RULES BE SUSPEND- ED IN ORDER TO LET ANYONE PRESENT ADDRESS THE COUN- CIL, IF THEY SO DESIRE. Sec- onded by Councilman McCauley. Carried by the following vote: Yeas—Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None. The following citizens address- ed the Council as being in favor of having a referendum on Federal Urban Renewal for the City of Du- buque, Iowa. R. F. Sefzik, 403 Clark St., Frank Saunders, 2373 Martin Drive, Dorothy Sauer Chair- man of C.O.S.T. Fischer Bldg., Roland V. Weber, 141 Princeton Place, Merlin Schultz, 1898 Adair St., Esther Westerfield, 725 Kelly Lane, W. J. Seippel, 2611 Sunset Park Circle, Herbert H. Kiefer, 535 Chestnut St., Andrew Hauswirth, 911% High Bluff Street, JoAnn Smith, 601 Angella St., Ben Bell. ings, 1375 University Ave„ Richard Kausal, 2550 Waller Street, Lois Pusateri, 2425 Green Street, Ray- mond Taylor, R. R. #1. Dorothy Sauer Chairman of C. O.S.T. offered to underwrite the cost of an election on Urban Re- newal. Dr. Paul Laube of 1742 Over- view Court stated that the Council- men were elected by the people to make decisions. The members of the D.C.D.A.C., the Chamber of Commerce and the City Council studied the Issue for more than a year before recommending the acceptance of Urban Renewal. Don- ald Meyers of 2314 Washington St, stated that it should be the decision of the City Council rath. er than submitting same to a referendum, and concluded by saving if you can't stand the heat get out of the kitchen. Attorney Don Breitbach of 990 Tressa street wondered how many people are misled by the argument that it is democratic to have all the is- sues placed before the people. He further stated that the elected representatives of the City do the job they are supposed to do. Mr. Richard Upton, Secretary of the Chamber of Commerce, stated that the Council should proceed on Urban Renewal under the Iowa law. Mr. Frank Bertsch of 700 Sunset Ridge, stated that an elec- tion would delay urban renewal %until after the city's June 17 deadline for credit to be allowed for the Municipal Parking ramp. Mr. Joseph Graham of 135 S. Hill St. and attorney Dan Ernst of 889 Mt. Carmel Road both indicated as being in favor of urban renewal and that no further time be wasted in going forward with the program. Mr. John Duffey of 2195 Simpson St. raised the question whether or not other cities are voting on Urb- an Renewal. Mr. Douglas C. Pearce of 1560 Douglas Street and Frank McCauley of 649 S. Grandview both stated that the issue should be decided by the City Council. City Solicitor Russo stated that a special election can be held for any purpose authorized by law, but the law does not require an elec- tion for the urban renewal project. Council Recessed at 8:25 P.M. Reconvened at 8:38 P.M. Mrs. C. Maerschalk of 2156 Broadlawn, Thomas Melloy of 2285 Bennett Street, Thomas O'Rourke of 536 Fenelon Place, Pete Sfikas of 222 Devon Drive, Thomas Reilly Of 943 W. 5th Street, John Graham Loras College Student, all ad. dressed the Council by stating that the decision for Urban Renew. al rests with the City Council Mr. Martin Westerfield of 725 Kelly Lane stated that a referendum should be held and it should be binding upon the Council. Mr. Gus Fuhrman of 530 Wilbur Lane, a realtor, compared the proposed cost of Urban Renewal as being very small when compared to the Proposed new building of Mercy Hospital. Thos. M. Butler of 2422 University, a local student, Al. Weitz of 2999 Burden Ave., and Hal Judge of 495 English Lane all Special Session, May 18, 1987 229 seemed to express themselves as being in favor of submitting the Urban Renewal proposition to a vote. Councilman Pregler moved that discussion to the council be clos- ed. Seconded by Councilman Pfohl. Carried by the following vote: Yeas—Alayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None. Councilman Pfohl moved to respect the wishes of the peti- tioners and all citizens of Du- buque that they be entitled to vote on Urban Renewal for the City of Dubuque in an Advisory Referendum. Seconded by Coun- cilman Schultz. Seconded by Councilman Schultz. Upon roll call the following voted: Yeas — Councilmen Pfohl, Schultz. Nays—Mayor Ludwig, Coun- cilmen McCauley, Pregler. Mo- tion lost for lack of a majority. Council Recessed 9:15 P.M. Reconvened 9:27 P.M. Urban Renewal Director Gent Wittenberg presented the Urban Renewal Project in detail to the assembly. The presentation was complete with slides and full ex- planation and was well received. Council Recessed at 10:38 P.M. Reconvened at 10:48 P.M. Mr. Russ Walker of 1084 W. 3rd Street, as a representative of the Chamber of Commerce gave assur- ance of full support of the Cham- ber. Mrs. Edward Cawley of 898 Needham Place, as a representa- tive of the League of Voters voiced support of the Urban Renewal Pro- ject. Dr. Paul Laube of Overview Court mentioned other projects that he was associated with, that have received Federal help, and not in one instance did the Fed- eral Government wish to exercise undue control. Mr. Paul Rossiter of 802 Goethe St., a member of the Board of Review, agreed that Urban Renewal is vital to stop the cancerous growth of devaluation of buildings. Mr. Joseph Graham of S. Hill St. explained his situation as a merchant in the Urban Re- newal area stated that it would be impossible for the four merchants in his immediate area to rebuild without urban renewal. Mr. Cliff Walsh of 1728 Diane Court, a Cen- tral Avenue merchant at 13th street, supported the plan and stated that he would like to nee the plan extended to his area. Mr. L. J. Schiltz of 316 York Street, a member of the Iowa National Investment Co., stated that his company has already started plans for the motel complex contemplat- ed for the urban renewal area. Mr. John Duffey, realtor, voiced his full support of the Downtown Urban Renewal project. Mr. Har- vey Zuckerman of Bradley St. and owner of downtown real estate urged immediate adoption of the Urban Renewal plan and that his firm has plans for a new store to be built on the present loca- tion, which would be an arcade type building. Seven possible ten- ants have indicated an interest in the proposed structure. Mr. David Hartig of 830 South- ern Ave., urged immediate adop- tion of the Urban Renewal plan and related an incident of some two years ago, when some outsid- ers looked at our downtown area that were considering Dubuque as a possible location site for their business. The prospect was vitally interested in Dubuque, but were totally discouraged when they looked at Downtown Dubuque. Mr. Ross McGlassom manager of the Northwestern Bell Telephone Co. stated that the Telephone Company has started a three million dollar expansion just outside of the urb- an renewal area. Mr. Cy Lampe, manager for the Fischer invest- ment Co. stated that they would remodel the building at Ninth and Locust to house an arcade if urban renewal becomes a reality. Mr. Lampe also stated that the Julien Hotel is being remodeled and without urban renewal few people would be attracted to it. Mr. Eldon Herrig of 506 St. George George St., a citizen interested in real estate and insurance, voiced endorsement of the urbanrenewal project. Mr. John Appel of Kane Street, voiced his opinion in favor the urban renewal project, even though a portion of his pres- ent dry cleaning establishment would have to move. The Council promised Mr. Appel consideration if relocation becomes necessary. Mr. R. F. Sefzik of 430 Clark 230 Special Session, May 18, 1967 Street, cited various items of fail- ure of the present administration, and was not in favor of the urban renewal project. Mr. Chas. C. Scherrer, operator of the Can- field Hotel, expressed concern as to future parking area for the continued operation of his busi- ness. He was given assurance that every consideration would be given to him to provide a parking area near the hotel. Mrs. Sam Pusateri of 2425 Green Street appealed for building code enforcements. Mr. Sam Pusateri of 2425 Green Street stated that we can have Urban Renewal without pain, but we must remember who the Fed- eral Government is, and that the taxpayers pay for Federal pro- jects also. Mr. R. J. Taylor of R. R. #1, expressed concern of the addition- al work load on to the City Council and stated that only the foolish and dead never change their minds. RESOLUTION NO. 123.67 Approving the Urban Renewal Plan and the Feasibility of Relo- cation for the Downtown Urban Renewal Project, Iowa R-15. WHERAS, under the provisions of Title I of the Housing Act of 1949, as amended, the Department of Housing and Urban Develop- ment is authorized to provide fi- nancial assistance to Local Public Agencies for undertaking and car. rying out urban renewal projects; and WHEREAS, it is provided in such Act that contracts for finan- cial aid thereunder shall require that the Urban Renewal Plan for the respective project area be ap- proved by the governing body of the Iocality in wbich the project is situated and that such approval include findings by the governing body that: I. The financial aid to be pro- vided in the contract is nec. essary to enable the project to be undertaken in accord- ance with the Urban Renew. al Plan. 2. The Urban Renewal Plan will afford maximum opportunity, consistent with the sound needs of the locality as a whole, for the rehabilitation or redevelopment of the ur. ban renewal area by private enterprise. 3. The Urban Renewal Plan conforms to a general plan for the development of the locality as a whole. 4. The Urban Renewal Plan gives due consideration to the provision of adequate park and recreational areas and facilities, as may be de- sirable for neighborhood im- provement, with special con- sideration for the health, safety, and welfare of chil- dren residing in the general vicinity of the site covered by the Plan; and WHEREAS, it is provided in Sec- tion 403.5 of the 1966 Code of Iowa that the governing body may approve an urban renewal project if it finds that: a. A feasible method exists for the location of families who will be displaced from the urban renewal area into de- cent, safe and sanitary dwell- ing accommodations within their means and without un- due hardship to such fam- ilies; b. The urban renewal plan con- forms to the general plan of the municipality as a whole; WHEREAS, the City of Du- buque, Iowa (herein called the "Lo- cal Public Agency") entered into a planning contract for financial as- sistance under such Act with the United States of America, acting by and through the Housing and Home Finance Administrator, pur- suant to which Federal funds were provided for the urban renewal project (herein called the "Proj- ect") identified as "Downtown Ur- ban Renewal Project, Iowa R-15' and encompassing the area bound- ed and described as follows: Beginning at the intersection of the north right-of-way line of Ninth Street with the east right- of-way line of Central Avenue; thence south along the east right-of-way line of Central Ave- nue to its intersection with the south right-of-way line of Fourth Street; thence west along the south right-of-way line of Fourth Street to its intersection with the west right-of-way line of Lo- cust Street; thence north along the west right-of-way line of Lo- cust Street to its intersection with the north right-of-way line Special Session, May 18, 1987 231 of Ninth Street; thence east along the north right-of-way line of Ninth Street to its intersec- tion with the east right-of-way line of Central Avenue which is the point of beginning. All in the City of Dubuque, State of Iowa, (herein called the "Locality"); and WHEREAS, the Local Public Agency has applied for additional financial assistance under such Act and proposes to enter into an additional contract or contracts with the Department of Housing and Urban Development for the undertaking of, and for making available additional financial as- sistance for the Project; and WHEREAS, the Local Public Agency has made detailed studies of the location, physical condition of structures, land use, environ- mental influences, and the social, cultural and economic conditions of the Project area and has deter- mined that the area is a slum and blighted area and that it is detri- mental and a menace to the safe- ty, health, and welfare of the in- habitants and users thereof and of the Locality at large, inasmuch as said studies reveal that 93.3% of the structures were found to contain deficiencies, that 52.9% of the structures to acquire are struc- turally substandard to a degree warranting clearance, and that 23.8% of the structures to acquire are in need of major repair, that 9.4% of the structures to acquire warrant clearance to remove blighting influences caused by in- compatible uses or land use rela- tionships and obsolete building types not suitable for improvement or conversion, and that 28.7% of all structures must be removed to permit development of the project in accordance with the urban re- newal plan objectives, and the members of this Governing Body have been fully apprised by the Local Public Agency and are aware of these facts and conditions; and WHEREAS, there has been pre- pared and referred to the City Council of the Locality (herein called the "Governing Body") for review and approval, an Urban Re- newal Plan for the Project area, dated May, 1967 and consisting of 18 pages, and 2 exhibits, supported by the following supplementary material, data, and recommenda- tions, which material, data and rec- ommendations are not a part of said Urban Renewal Plan; and Land Utilization and Marketabil- ity Study including Transient Housing Study Project Area Report Report on Planning Proposals Rehabilitation and Conservation Data Relocation Report Project Improvements Report WHEREAS, the Project area, which is predominately nonresi- dential in character, is to be re- developed for predominately non- residential uses under the Urban Renewal Plan; and WHEREAS, the members of the Governing Body have been fully apprised by the Local Public Agen- cy and are aware that there is not an area or areas of open land in the proposed Project area; and WHEREAS, a general plan has been prepared and is recognized and used as a guide for the gen- eral development of the Locality as a whole; and WHEREAS, the Dubuque Plan- ning and Zoning Commission, which is the duly designated and acting official planning body for the Locality has by resolution cer- tified that the Urban Renewal Plan conforms to the general plan for the development of the Local- ity as a whole and the Governing Body has duly considered the reso- lution of the planning body; and WHEREAS, the Urban Renewal Plan for the Project area prescrib- es certain land uses for the Pro- ject area and will require, among other things, changes in zoning, the vacating and removal of streets, alleys and other public ways, the location and relocation of sewer and water mains and oth- er public facilities, and other pub- lic action; and WHEREAS, the Local Public Agency has caused to be made a competent independent analysis and 'the local supply ofhotel other transient housing, and WHEREAS, the local Public Ag- ency has prepared and submitted a program for the relocation of indi- viduals and families that may be displaced as a result of carrying out the Project in accordance with the Urban Renewal Plan; and 232 Special Session, May 18, 1967 WHEREAS, there have also been presented to the Governing Body information and data respecting the relocation program which has been prepared by the Local Public Agency as a result of studies, sur- veys, and inspections in the Pro- ject area and the assembling and analysis of the data and informa- tion obtained from such studies, surveys, and inspections; and WHEREAS, the members of the Governing Body have general knowledge of the conditions pre- vailing in the Project area and of the availability of proper housing in the Locality for the relocation of individuals and families that may be displaced from the Project area, and in the light of such knowledge of local housing condi- tions, have carefully considered and reviewed such proposals for relocation; and WHEREAS, it is necessary that the Governing Body take appropri- ate official action respecting the relocation program and said Urban Renewal Plan for the Project, in conformity with the contract for financial assistance between the Local Public Agency and the Unit. ed States of America acting by and through the Department of Hous. ing and Urban Development; and WHEREAS, the Governing Body is cognizant of the conditions that are imposed in the undertaking and carrying out of urban renewal projects with Federal financial as- sistance under Title I, including those prohibiting discrimination because of race, color, creed, or national origin; and WHEREAS, Title VI of the Civil Rights Act of 1964, and the regu- lation of the Department of Hous. ing and Urban Development effect. uating that Title, provide that no person shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be sub. jected to discrimination in the un- dertaking and carrying out of urb- an renewal projects assisted under Title I of the Housing Act of 1949, as amended; now therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DU- BUQUE, IOWA: Section I. That, based upon de- tailed studies of the location, physi- cal condition of structures, land use, environmental influences and the social and economic conditions in the Downtown Urban Renewal Project area, it is hereby found and determined that the Project area is a slum and blighted area or a combination thereof and qual- ifies as an eligible Project area un- der Chapter 403 of the 1966 Code of Iowa and the Project area sub. stantially impairs or arrests the sound growth of the Locality by reason of deteriorated or deteror. ating structures, faulty lot layout, diversity of ownership and other causes or any combination of such factors. Section 2. That said Urban Re- newal Plan, together with the sup- plementary material, data and recommendations which are not a part of said Urban Renewal Plan for the Project aforementioned, having been duly reviewed and considered, said Urban Renewal Plan is hereby approved, and the City Clerk be and he is hereby directed to file said copy of said Urban Renewal Plan with the min- utes of this meeting. Section 3. That it is hereby found and determined that the objectives of the Urban Renewal Plan can. not be achieved through more ex. tensive rehabilitation of the Pro- ject area. Section 4. That it is hereby found and determined that the Urban Renewal Plan for the Pro. ject area conforms to the general plan for the development of the Locality, as a whole. Section S. That it is hereby found and determined that the financial aid to be provided pur- suant to the contract for Federal financial assistance pertaining to the Project is necessary to en- able the Project to be undertaken in accordance with the Urban Re. newal Plan for the Project area. Section 6. That the development Of the Urban Renewal Area for predominately nonresidential uses is necessary for the proper devel- opment of the community. Section 7. That it is hereby found and determined that the above mentioned Urban Renewal Plan for the Urban Renewal Area will afford maximum opportunity, consistent with the sound needs of Special Session, May 18, 1967 233 the Locality as a whole, for the urban renewal of the Area by pri- vate enterprise. Section 8. That it is hereby found and determined that the Urban Renewal Plan for the Urban Renewal Area gives due considera- tion to the provision of adequate park and recreational areas and facilities, as may be desirable for neighborhood improvement, with special consideration for the health, safety, and welfare of chil- dren residing in the general vicin- ity of the site covered by the Plan. Section 9. That it is hereby found and determined, as a result of a competent independent analy- sis of the local supply of transient housing, that there exists in the area a need for additional units of such housing. Section 10. That it is hereby found and determined that the pro- gram for the proper relocation of individuals and families displaced in carrying out the Project in de- cent, safe, and sanitary dwellings in conformity with acceptable standards is feasible and can be reasonably and timely effected to permit the proper prosecution and completion of the Project; and that such dwellings or dwelling units available or to be made available to such displaced individuals and families are at least equal in num- ber to the number of displaced in- dividuals and families, are not gen- erally less desirable in regard to public utilities and public and com- mercial facilities than the dwell- ings of the displaced individuals and families in the Project area, are available at rents or prices within the financial means of the displaced individuals and families, and are reasonably accessible to their places of employment. Section 11. That in order to im- plement and facilitate the effectua- tion of the Urban Renewal Plan hereby approved it is found and determined that certain official ac- tion must be taken by this Body with reference, among other things, changes in zoning, the va- cating and removal of streets, al• leys and other public ways, the location and relocation of sewer and water mains, and other public facilities, and other public action, and, accordingly, this Body hereby: (a) pledges its cooperation in help- ing to carry out such Urban Re. newal Plan; (b) requests the var. ious officials, departments, boards, and agencies of the Locality having administrative responsibilities in the premises likewise to cooperate to such end and to exercise their respective functions and powers in a manner consistent with said Urb. an Renewal Plan; and (c) stands ready to consider and take appro. priate action upon proposals and measures designed to effecuate said Urban Renewal Plan. Section 12. That additional finan- cial assistance under the provisions of Title I of the Housing Act of 1949, as amended, is necessary to enable the land in the Project area to be renewed in accordance with the Urban Renewal Plan for the Project area and, accordingly, the filing by the Local Public Agency of an application or applications for such financial assistance under said Title I is hereby approved. Section 13. That the United States of America and the Depart- ment of Housing and Urban De- velopment be, and they hereby are, assured of full compliance by the City of Dubuque with regula- tions of the Department of Hous. ing and Urban Development effec- tuating Title VI of the Civil Rights Act of 1964. Passed, adopted, and approved this 18th day of May, 1967. Richard Ludwig Mayor M. Sylvester McCauley Walter A. Pregler Councilmen Attest: Leo F. Frommelt, City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman McCauley. Carried by the following vote: Yeas — Mayor Ludwig, Council- men McCauley, Pregler. Nays — Councilmen P f o hl , Schultz. RESOLUTION NO. 124.67 Approving the conditions under which relocation payments will be made for the Downtown Ur- ban Renewal Project, Iowa R-15. WHEREAS, in connection with an application of the City of Du- buque to the Department of Hous- 134 Special Session, May 18, 1967 ing and Urban Development for financial assistance under Title I of the Housing Act of 1949, as amended, the City Council of the City of Dubuque, Iowa, approved an Urban Renewal Plan for the Project area identified as "Down- town Urban Renewal Project, Iowa R-15" involved in such application; and WHEREAS, the rules and regu- lations prescribed by the Federal Government pursuant to Title I re- quire that the conditions under which the City of Dubuque will make Relocation Payments, the Schedule of Average Annual Gross Rentals for Standard Housing in Locality to be used for determin- ing the amounts of Relocation Ad- justment Payments, and the fixed Relocation Payments Schedule all in connection with the Urban Re- newal Project contemplated by the application be officially approved by the City Council of the City of Dubuque, Iowa; and WHEREAS, there was presented to this meeting of the City Coun- cil of Dubuque a set of conditions under which the City of Dubuque, Iowa, will make Relocation Pay- ments, which set of conditions is set forth in the Relocation Pro- gram, a Schedule of Average An- nual Gross Rentals for Standard Housing in Locality dated Febru- ary 27, 1967, and a Fixed Reloca- tion Payments Schedule dated Feb. ruary 27, 1967, attached hereto and marked for the Urban Renewal Project contemplated by the appli- cation; and WHEREAS, the conditions under which the City of Dubuque, Iowa, will make Relocation Payments, the Schedule of Average Annual Gross Rentals for Standard Hous- ing in Locality, and the Fixed Re. location Payments Schedule were reviewed and considered at the meeting; and WHEREAS, the City Council of the City of Dubuque, Iowa, is cog- nizant of the conditions that are imposed in the undertaking and carrying out of urban renewal proj- ects with Federal financial assist- ance under Title I, including those prohibiting discrimination because of race, color, creed or national origin; and WHEREAS, Title VI of the Civil Rights Act of 1964, and the regu- lations of the Department of Hous- ing and Urban Development effec- tuating that Title, provide that no person shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be sub- jected to discrimination in the un- dertaking and carrying out of ur- ban renewal projects assisted un- der Title I of the Housing Act of 1949, as amended; now therefore; BE IT ORDAINED BY THE COUNCIL OF THE CITY OF DU- BUQUE: Section I. That the conditions under which the City of Dubuque, Iowa, will make Relocation Pay- ments are hereby in all respects approved. Section 2. That the Schedule of Average Annual Gross Rentals for Standard Housing in Locality is hereby in all respects approved. Section 3. That the Fixed Relo- cation Payments Schedule is here- by in all respects approved. Section 4. That the Director of the Urban Renewal or his desig- nated representative is hereby au- thorized and directed to approve all claims for Relocation Payments. Section S. That the United States of America and the Department of Housing and Urban Development be, and they hereby are, assured of full compliance by the City of Dubuque with regulations of the Department of Housing and Urban Development effectuating Title VI of the Civil Rights Act of 1964. Passed, adopted, and approved this 18th day of May, 1967. Richard Ludwig Mayor Sylvester M. McCauley Walter A. Pregler Councilmen Attest: Leo F. Frommelt City Clerk Councilman McCauley moved adoption of the resolution. Second. ed by Councilman Pregler. Carried by the following vote: Yeas — Mayor Ludwig, Coun- cilmen McCauley, Pregler. Nays — Councilmen Pfohl, Schultz. i i Special Session, May 18, 1967 235 DOWNTOWN URBAN RENEWAL PROJECT IOWA R-15 February 27, 1967 Fixed Relocation Payments Schedue 1. Eligible individuals and fami- lies displaced by the Downtown Urban Renewal Project, Iowa R-15, will be given the option to claim the applicable ap- proved fixed amounts as set forth below in Section 2 or re- imbursed for actual moving ex. pense and any direct loss of property up to the amount as permitted by law. 2. Fixed Relocation Payment Schedule A. For Individuals and Fami. lies With Furniture No. of Fixed Rooms Payment 1 $33.75 2 $47.25 3 $60.75 4 $74.25 5 $87.75 B. Individuals Without Furni. to r"5.00 C. Families Without Furniture —$10.00 3. The Schedule of Fixed Reloca- tion Payments Schedule was de- termined and computed as fol- lows after consultation with local moving and hauling firms. Travel Time —Company Office to Residence ................% hour Time Per Room—(Loading and Unloading) ....................1 hour Travel Time—To New Resi- dence............................1/2 hour Travel Time — Residence to Company Office ........% hour Total .... ................2% hours Rate Per Hour—Two Men and Van ..................................$13.50 Fixed Payment For One Room —2% hours ....................$33.75 Add $13.50 For Each Additional Room RESOLUTION NO. 125.67 Amending Resolution No. 52.67 which approved and established a Rent Supplementation Program for the Downtown Urban Rewen. al Project, Iowa R-15. WHEREAS, on the 27th day of February, 1967, the Council of the City of Dubuque adopted Resolu- tion No. 52.67 approving and es - tablishing a rent supplementation program providing assistance to eligible families to be relocated from the Downtown Urban Renew. al Project, Iowa R-15; and WHEREAS, it is in the best in. terests of the Relocation Program for this project to revise certain portions of the rent supplementa. tion program; now therefore BE IT RESOLVED By the Coun. cil of the City of Dubuque, Iowa: Section 1. That so much of Para- graph 1. C. of Section 2 of Resolu. tion No. 52.87 which presently reads: "The ability to pay shall ordi- narily be defined as 30% of the gross monthly income of an in- dividual, 25% for a 2-4 person family, and 20% for a 5 or more person family." is hereby amended to read: "The ability to pay shall ordi- narily be defined as 25% of the gross monthly income of an in- dividual and a 2.4 person family and 20% for a 5 or more person family." Section 2. That Paragraph 3. C. of Section 2 of Resolution No. 52-67 which presently reads: "The amount of $3,600 which is estimated to be the first an- nual funding requirement shall be deposited initially and addi- tional deposits shall be made as needed until all eligible families and individuals have been assist- ed to the extent to which they are entitled." is hereby amended to read: "The amount of $3,600 which is estimated to be the first an. nual funding requirement shall be deposited initially and addi- tional deposits shall be made at such times the the balance in the escrow account is reduced to 10% of the original deposit until all eligible families and individ- uals have been assisted to the extent to which they are en- titled." Passed, adopted and approved this 18th day of May, 1967. Richard Ludwig Mayor M. Sylvester McCauley Walter A. Pregler Councilmen Attest: Leo F. Frommelt City Clerk 236 Special Session, May 18, 1987 Councilman McCauley m o v e d adoption of the resolution. Sec- onded by Councilman Pregler. Car- ried by the following vote: Yeas—Mayor Ludwig, Council- men McCauley, Pregler. Nays—Councilmen Pfohl, Schultz. There being no further business Councilman McCauley moved to ad- journ. Seconded by Councilman Pregler. Carried by the following vote: Yeas—Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None. Leo F. Frommelt City Clerk Approved ......4491 .al...7.,..19..6' Adopted ........ ....7,.19.-6' .......... . .......!.. .. ... ..... ..... ...L/• \/.....4 ... ............ .......... C i men Attest: . ............ .............................. ity Clerk Special Session, May 22, 1967 2337 CITY (OUNCIL OFFICIAL Special Session, May 22, 1967. Council met at 7:30 P.M. (D.S.T.) Present—Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler' Schultz. City Manager Gilbert D. Chavenelle. Mayor Ludwig read the call and stated that service thereof had been duly made and this meeting is called for the purpose of con- ducting public hearings on the Resolutions of necessity for "City of Dubuque 1967 Concrete Curb & Gutter Project No. 1"—City of Du- buque 1967 Hot Mix -Hot Laid As- phaltic Concrete Paving Project No. 1"—"City of Dubuque 1967 Bituminous Concrete Paving Pro- ject No. 1" — City of Dubuque 1967 Concrete Paving with Integral Curb Project No. 1 and acting up- on such other business as may properly come before a regular meeting of the City Council. Proof of Publication, certified to by the Publisher, of notice of pendency of resolution of neces- sity for public improvements and hearing upon proposed plans and specifications, form of contract and cost of improvements of City of Dubuque 1967 Concrete Paving with Integral curb Project No. 1, presented and read. Councilman Pregler moved that the proof of publication be received and filed. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None. Statement of City Clerk certify- ing that notices of public hearing on the resolution of necessity were mailed by certified mail on May 3, 1967, to property owners of record subject to assessment for construc- tion of City of Dubuque 1967 Con- crete Paving with Integral Curb project No. 1, presented and read. Councilman Pregler moved that the statement be received and fil- ed. Seconded by Councilman Pfohl. Carried by the following vote: Yeas—Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None. Petition of attorney Alfred E. Hughes, representing 265 property owners on Grandview Avenue, and being subject to 85% of the asses- sable cost of the project, objecting to the proposed paving of Grand. view from W.P.L. of Southern Avenue to S.P.L. of Delhi Street, presented and read. Councilman Pfohl moved that the petition be received and filed. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Mayor Ludwig, Council- men McCauley. Pfohl, Pregler, Schultz. Nays—None. Petition of Joseph Lytle et al (43 signatures) objecting to the proposed paving of Grandview Av. enue, presented and read. Council. man Pfohl moved that the petition be received and filed. Seconded by Mayor Ludwig. Carried by the fol- lowing vote: Yeas — Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None. Councilman Pfohl moved that the rules be suspended in order to allow anyone present address the Council if they so desire. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Preg- ler, Schultz. Nays—None. City Engineer White addressed the Council by stating that Grand- view avenue was last paved in 1920. The automobile count is up to 9200 cars per day. The sub - grade has deteriorated and the street should be replaced. Attorney Alfred E. Hughes, rep- resenting the objectors to paving of Grandview Avenue with con- crete mentioned the positive and negative aspects of the Avenue as mentioned in the Gruen report. The paving program would elimin- ate, at least partially, the positive and accentuate the negative aspect which would be heavy traffic. The cost of construction is excessive and the idea of reducing the size of the median strip is not toler- able. Mr. Jack Juergens of 835 S. Grandview, R. Wertzberger 186 N. Grandview and Eugene Digman of 864 S. Grandview all objected to the proposed surfacing of Grand- 238 Special Session, May 22, 1967 view mostly expressing the fear that it would be used for a truck route. Mr. William Arndt of 1120 S. Grandview expressed concern as to the sewer lines as to what. would happen if they were disturb- ed during construction of the pro- posed street. RESOLUTION NO. 126-67 RESOLUTION AMENDING RESO- LUTION NO. 102-67 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Resolution No. 102-67. being the Resolution of Necessity for the CITY OF DU- BUQUE 1967 CONCRETE PAVING WITH INTEGRAL CURB PROJ- ECT NO. 1, be and the same is hereby amended by deleting the following portions of the following named streets therefrom: Grandview Avenue from the W.P.L. of Southern Avenue to the S.P.L. of Delhi Street. Passed, adopted and approved this 22nd day of May 1967. Richard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler Councilmen Attest: Leo F. Frommelt, City Clerk Councilman McCauley moved adoption of the resolution. Second. ed by Councilman Schultz. Car. ried by the following vote: Yeas — Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None. (Necessity for Improvement) RESOLUTION NO. 102.67 WHEREAS, proposed plans, specifications, form of contract, plat and schedule have been duly prepared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk showng among other things the following: 1. The streets to be improved. 2. The width of such improve- ment. 3. Each lot proposed to be as. sessed together with a valuation fixed by the council. 4. 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. 5. In each case the amount thereof which is estimated to be assessed against each lot, for the City of Dubuque, 1967, Concrete Paving With Integral Curb Project No. 1 on the following named street: Grandview Avenue from the W.P.L. of Southern Avenue to the S.P.L. of Delhi Street. BE IT THEREFORE RESOLVED that the City Council on its own motion or upon petition of prop- erty owners, deems it advisable and necessary for the public wel. fare to make the herein mention. ed improvement, and unless prop- erty owners at the time of the final consideration of this pro. posed resolution have on file with the City Clerk objections to the amount of the proposed assess. ments, they shall be deemed to have waived all objections thereto. Said improvements shall be con- structed and done in accordance with the plans and specifications which have been prepared there- fore by the City Engineer which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said improve- ment will be assessed upon and against all privately owned proper- ty lying within assessable distance provided by law and in an amount not to exceed the amount provided by law, property will be assessed whether the same abuts thereon or is adjacent thereto according to area and in proportion to the spec- ial benefits conferred thereby, and any deficiency shall be paid out of the 135J Road Use Tax Fund Bonds shall be issued and sold in anticipation of deferred payments of assessments when a contract has been performed and accepted and the proceeds thereof used to pay the contractor. The railway portion of any street or assessment district shall be assessed to and paid by the railway company. The above resolution was intro- duced, approved and ordered plac- ed on file with the City Clerk this 17th day of April, 1967. i 1 Special Session, May 22, 1987 239 RECORD OF FINAL ADOPTION ne foregoing resolution was finally passed and adopted, AS AMENDED, by the City Council on this 22nd day of May 1967. Richard Ludwig M. Sylvester McCauley Walter A. Pregler Councilmen Attest: Leo F. Frommelt, City Clerk Mayor Ludwig moved adoption of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Ludwig, Council- men McCauley, Pregler. Nays — Councilmen P f o h 1, Schultz. NOTE: Entire program deleted due to remonstrance filed and signed by 87% of property own- ers subject to pay 8S% of the assessable cost of proposed im- provement and failure to receive 100% vote of the Council. Proof of Publication, certified to by the Publisher, of notice of Pendency of Resolution of neces- sity for public improvements and hearing upon proposed plans and specifications, form of contract and cost of improvements for the con- struction of CITY OF DUBUQUE 1967 CONCRETE CURB & GUT- TER PROJECT NO. 1, on the fol- lowing named streets: Farragut street from the alley west of Kerper Blvd. to the W.P.L. of the alley between Kerper Blvd. and Garfield Ave. Perry Street from the alley west of Grandview Avenue to the E.P.L. of Rider Street. Rockdale Road from the S.P.L. of Grandview Avenue to the south- erly corporation limits. Flora Park from the N.P.L. of Pennsylvania Avenue north 200' along the W.P.L. of Flora Park, Presented and read. Councilman Pregler moved that the proof of publication be receiv- ed and filed. Seconded by Council- man Schultz. Carried by the follow- ing vote: Yeas — Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None. Statement of City Clerk certify- ing that notices of public hearing were mailed by certified mail on May 3, 1967 to owners of record subject to assessment for construc. tion of City of Dubuque 1967 Concrete Curb & Gutter Project No. 1, presented and read. Councilman Pfohl moved that the statement be received and fil- ed. Seconded by Councilman Schultz. Carried by the following vote: Yeas—Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None. Petition of Cletus F. Kemp et al (56 signers) objecting to the pro- posed improvement of Perry Street both as to curb & gutter and pav- ing, presented and read. Council- man Pregler moved that the peti- tion bz! received and filed. Second- ed by Councilman Pfohl. Carried by the following vote: Yeas — Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None. Petition of John W. Duccini et al (4 signers) requesting deletion of curb & gutter and paving of Farra- gut Street, presented and read. Councilman Pregler moved that the petition be received and filed. Seconded by Councilman Pfohl. Carried by the following vote: Yeas — Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None. Petition of Richard 0. Blum et al (57 signers) objecting to the pro- posed paving of Rockdale Road, presented and read. Councilman Pregler moved that the petition be received and filed. Seconded by Councilman Pfohl. Carried by the following vote: Yeas — Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None. Councilman McCauley moved that Farragut street be deleted from the City of Dubuque 1967 curb & gutter project No. I. Sec- onded by Councilman Pfohl. Car- ried by the following vote: Yeas—Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None. 240 Special Session, May 22, 1967 Mr. Duane Mortensen of 692 Perry Street stated that he was for the improvement of Perry Street, also Frank Conlon of 695 Perry Street. Wm. R. Sonnenberg of 732 Perry St., Harry & June Pringnitz of 720 Perry requested that their names be withdrawn from the petition of objection to the improvement of Perry street with curb & gutter and paving. However this still did not bring the remonstrance less than 60% and 75% objection to the improve- ment. Cletus Kemp of 711 Perry street made comment as to the straightening of the storm sewer system on Perry Street. D. J. Meloy of 785 Grandview made inquiry as to what he would be paying for on Perry Street assessment. Councilman Pregler moved that Perry Street be retained in the 1967 curb & gutter program. Sec- onded by Mayor Ludwig. Carried by the following vote: Yeas—Mayor Ludwig, Council- men McCauley, Pregler, Schultz. Nays—Councilman Pfohl. Mr. Robert Molo of 1170 Rock- dale Road objected to the proposed improvement of Rockdale Road by stating that the proposed widening of the street to thirty six feet is excessive. Mr. Robert J. O'Meara of 1185 Rockdale Road spoke in favor of the proposed improvement of Rockdale Road because he has a water problem being a resident on the west side of the street. Mr. Walter Anglin requested that his name be withdrawn from the petition of objection. Mr. LeRoy Miller spoke in favor of the im- provement. Mr. R. G. Adams of 1160 Rockdale objected to the im- provement being concerned that it would turn out to be a highway. Mr. Chuck Callahan, C. C. Fay, Francis Diamond, D. J. Meloy, James H. Lee, John Henry and Richard Blum all raised objections to the proposed improving of Rock. dale Road. Mayor Ludwig moved that Rock- dale Road be retained in the 1967 concrete curb & gutter program. Seconded by Councilman McCau. ley. Carried by the following vote: Yeas—Mayor Ludwig, Council. men McCauley, Pregler. N a y s— Councilmen P f o h 1, Schultz. RESOLUTION NO. 127-67 RESOLUTION AMENDING RESO- TION NO. 90-67 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Resolution No. 190-67, being the Resolution of Necessity for the City of Dubuque 1967 Concrete Curb and Gutter Project No. 1, be and the same is hereby amended by deleting the following portions of the following named streets therefrom: Farragut Street from the W.P.L. of Kerper Boulevard to the W.P.L. of the alley between Kerper Blvd. and Garfield Ave. Perry Street from the alley west of Grandview Avenue to the E.P.L. of Rider Street. Rockdale Road from the S.P.L. of Grandview Avenue to the south- erly corporation limits. Passed, adopted and approved this 22nd day of May, 1967. Richard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler Councilmen Attest: Leo F. Frommelt, City Clerk Councilman Pfohl moved adop- tion of the resolution. Seconded by Councilman McCauley. Carried by the following vote: Yeas — Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None. Decision of Council upon objec- tions to plans, specifications, form of contract and cost of im- provements. RESOLUTION NO. 128-67 WHEREAS, proposed plans and specifications and form of contract for the CITY OF DUBUQUE 1967 CONCRETE CURB & GUTTER PROJECT NO. 1 on the following named area: Flora Park from the N.P.L. of Pennsylvania Avenue north 200' along the W.P.L. of Flora Park, have been approved by the City Council of the City of Du- buque and public notice given as provided by Chapter 23 of the Code of Iowa, 1966, pertaining to public contracts and bonds, and the T T Special Session, May 22, 1()67 241 time and place fixed for the hear- ing of all objections to said plans, specifications or contract for or cost of such improvements, said time being this 22nd day of May, 1967; and WHEREAS, the City Council met in special session this 22nd day of May, 1967, at 7:30 o'clock P.M. at the Council Chambers in the City Hall for the purpose of hearing all interested parties and considering any and all objections which have been filed to the pro. posed plans, specifications or con- tract for or cost of the improve- ment herein described and pro- posed to be made; and WHEREAS, all interested parties have been given an. opportunity to be heard and all objections which have been duly weighed and con- sidered; now, therefore BE IT RESOLVED by the City Council of the City of Dubuque, that all objections which have been made and filed to the plans, speci- fications, contract for or cost of said improvement herein described and proposed to be made, be and the same are hereby overruled and such plans, specifications and form of contract heretofore approved are hereby adopted. BE IT FURTHER RESOLVED that this resolution containing the decision of this Council upon all objections which have been filed to the plans, specifications and form of cost of said improvement be made a matter of permanent record in connection with said im- provement. Passed, adopted and approved this 22nd day of May, 1967. Richard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler Councilmen Attest: Leo F. Frommelt City Clerk Mayor Ludwig moved adoption of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. Nays—None. (Necessity for Improvement) RESOLUTION NO. 90.67 WHEREAS, proposed plans, spec- ifications, form of contract, plat and schedule have been duly pre- pared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk showing among other things the following: I. The streets to be improved. 2. The width of such improve- ment, and the size and kind of sewers. 3. Each lot proposed to be as- sessed together with a valuation fixed by the council. 4. An estimate of the cost of the proposed improvement, stating the same for each different type of construction and kind of mater- ial to be used. 5. In each case the amount there- of which is estimated to be as- sessed against each lot, for the City of Dubuque 1967 Concrete Curb and Gutter project No. 1 on the following named street: Flora Park from the N.P.L. of Pennsyl- vania Avenue north 200' along the W.P.L. of Flora Park. BE IT THEREFORE RESOLVED that the City Council on its own motion or upon petition of prop- erty owners, deems it advisable and necessary for the public wel- fare to make the herein mentioned improvement, and unless property owners at the time of the final consideration of this proposed resolution have on file with the City Clerk objections to the amount of the proposed assess- ments, they shall be deemed to have waived all objections thereto. Said improvements shall be con- structed and done in accordance with the plans and specifications which have been prepared there- fore by the City Engineer which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said improve ment will be assessed upon and against all privately owned prop. erty lying within assessable dis. tance provided by law and in an amount not to exceed the amount provided by law, property will be assessed whether the same abuts thereon or is adjacent thereto ae. cording to area and in proportion 242 Special Session, May 22, 1967 to the special benefits conferred thereby, and any deficiency shall be paid out of the 135 J. Road Use Tax Fund. Bonds shall be issued and sold in anticipation of de- ferred payments of assessments when a contract has been per- formed and accepted and the pro- ceeds thereof used to pay the con- tractor. The railway portion of any street or assessment district shall be assessed to and paid by the rail- way company. The above resolution was intro- duced, approved and ordered placed on file with the City Clerk this 17th day of April, 1967. RECORD OF FINAL ADOPTION The foregoing resolution was fi- nally passed and adopted, AS AMENDED, by the City Council this 22nd day of May, 1967. Richard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pfohl moved final adoption of the resolution. Second• ed by Councilman Pregler. Carried by the following vote: Yeas — Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. Nays—None. (Ordering Construction) RESOLUTION NO. 129-67 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE that pursuant to a reso- lution of necessity No. 90.67 which was duly passed by this Council, for the construction of CITY OF DUBUQUE 1967 CONCRETE CURB & GUTTER PROJECT N0. 1 on the following named area: Flora Park from the N.P.L. of Pennsylvania Avenue north 200' along the W.P.L. of Flora Park be and the same are hereby order- ed and constructed by this Council upon its own motion and with or without the petition of property owners. All the work shall be con- structed in accordance with the Plans and specifications heretofore adopted and now on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the cost and expense of the said improvements be paid for by levying special assessments against the privately owned property ly- ing within the assessable distance from the improvements, whether such property abut upon the same or are adjacent thereto, according to the area thereof and in propor- tion to the special benefits confer- red, and any deficiency will be paid out of the Road Use Tax Fund of the city. Payment will be made to the contractor out of funds realized from the sale of Street Improvement Bonds to be is- sued in anticipation of deferred payments of assessments as pro- vided by law after the work has been completed and accepted by the City Council. BE IT FURTHER RESOLVED that the City Clerk be and he is hereby ordered and directed to advertise for proposals for the con- struction of the various improve- ments herein provided for in the manner provided by law, the said improvements shall be completed on or before 90 days after notice to proceed has been issued. BE IT FURTHER RESOLVED that this resolution being deemed urgent and of immediate necessity shall be in force and effect from and after its passage and adop- tion by the City Council. Passed, adopted and approved this 22nd day of May, 1967. Richard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler Councilmen Attest: Leo F. Frommelt, City Clerk Mayor Ludwig moved adoption of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None. Proof of Publication, certified to by the Publisher, of notice of Pen- dency of Resolution of Necessity T Special Session, May 22, 1967 243 for public improvements and hear- ing upon proposed plans, specifi- cations, form of contract and cost of improvements for CITY OF DU- BUQUE 1967 HOT MIX -HOT LAID ASPHALTIC CONCRETE PAVING PROJECT NO. 1, on the following named streets: 1. Bryant Street from the N.P.L. of Grandview Avenue to the S.P.L. of Dodge Street. 2. Grandview Avenue from the E.P.L. of Southern Avenue to the W.P.L. of Kerrigan Road. S. Madison Street from the N.P.L. of 17th Street to the S.P.L. of Clarke Drive. 4. Main Street from the N.P.L. of Railroad Avenue to the S.P.L. of Jones Street. 5. Rockdale Road from the S.P.L. of Grandview Avenue to the southerly corporation limits. 6. White Street from the N.P.L. of loth Street to the S.P.L. of 22nd Street. presented and read. Councilman Pfohl moved that the proof of pub- lication be received and filed. Sec- onded by Mayor Ludwig. Carried by the following vote: Yeas — Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. Nays—None. Statement of City Clerk certify- ing that notices on hearing of reso- lution of necessity were mailed by certified mail on May 3, 1967 to property owners of record subject to assessment for construction of City of Dubuque 1967 Hot Mix -Hot Laid Asphaltic Concrete Paving Project No. 1, presented and read. Councilman Pfohl moved that the statement be received and filed. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. Nays—None. Petition of Mrs. Evelyn Kringle objecting to the proposed levy of assessment for the paving of Madi- son Street due to the poor market value of the property, and also due to the fact that the City will not Permit building on the property, Presented and read. Councilman Pregler moved that the petition be received and filed. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. Nays—None. Petition of Paul H. Hauber et al (48 signers) objecting to the proposed paving of White Street from loth Street to 22nd Street, presented and read. Councilman Pregler moved that the petition be received and filed. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Mayor Ludwig, Coun• cilmen McCauley, Pfohl, Pregler, Schultz. Nays—None. Petition of Iowa Engineering Co. et al (15 signers) objecting to the proposed surfacing of White Street from 21st to 22nd Street, presented and read. Councilman Pregler moved that the petition be re- ceived and filed. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. Nays—None. Mayor Ludwig moved that Rock- dale Road from the S.P.L. of Grandview Avenue to the souther- ly City Corporation limits be de- leted from the City of Dubuque 1967 Hot Mix -Hot Laid Asphaltic Concrete Paving Project No. 1. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. Nays—None. Councilman Pregler moved that Bryant Street from the N.P.L. of Grandview Avenue to the S.P.L. of Dodge Street be retained in the City of Dubuque 1967 Hot Mix -Hot Laid Asphaltic Concrete Paving Project No. 1. Seconded by Coun- cilman Schultz. Carried by the fol- lowing vote: Yeas — Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. Nays—None. Mayor Ludwig moved that Grandview Avenue from the E.P.L. of Southern Avenue to the W.P.L. of Kerrigan Road be retained in the City of Dubuque 1967 Hot Mix- 244 Hot laid Asphaltic ing Project No. 1 Councilman Pfohl. following vote: Yeas — Mayor cilmen McCauley, Schultz. Nays—None. Special Session, May 22, 19677 Concrete Pav- Seconded by Carried by the Ludwig, Coun- Pfohl, Pregler, Mr. Henry Herrmann of 1871 N. Main Street questioned the neces- sity of paving Madison Street due to the fact that it is in good con- dition. Mr. Lawrence Vize of 1857 N. Main Street objected to prop- erty owners paying for construc- tion of streets and suggested a wheel tax. Mayor Ludwig moved that Madi- son Street from N.P.L. of 17th Street to the S.P.L. of Clarke Drive be retained in the City of Dubuque 1967 Hot Mix -Hot Laid Asphaltic Concrete Paving Pro- gram. Seconded by Councilman Mc- Cauley. Carried by the following vote: Yeas — Mayor Ludwig, Coun- cilmen McCauley. Pfohl, Pregler, Schultz. Nays—None. Councilman Pregler moved that Main Street from the N.P.L. of Railroad Avenue to the S.P.L. of Jones Street be retained in the City of Dubuque 1967 Hot Mix -Hot Laid Asphaltic Concrete Paving program. Seconded by Councilman McCauley. Carried by the follow- ing vote: Yeas — Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. Nays—None. Mr. Gus Zuccaro, Chester Sta- heli, Ronald Nennig, Margaret Steichen, Don Treanor, Paul Hau- her, all objected to the proposed paving of White Street for vari. ous reasons such as to traffic in- crease and that it is not needed. Mayor Ludwig moved that White Street from the N.P.L. of 10th Street to the S.P.L. of 22nd Street be retained in the City of Dubuque 1967 Hot Mix Hot Laid Asphaltic Concrete Paving Program. Second- ed by Councilman McCauley. Car- ried by the following vote: Yeas — Mayor Ludwig, Coun. cilmen McCauley, Pfohl, Pregler, Schultz. Nays—None. RESOLUTION NO. 13067 P.ESOLUTION AMENDING RESO- LUTION NO. 94-67 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Resolution No. 94-67, being the Resolution of Necessity for the City of Dubuque 1967 Hot Mix -Hot Laid Asphaltic Concrete Paving Project No. 1, be and the same is hereby amended by deleting the following portions of the following named streets therefrom: Rockdale Road from S.P.L. of Grandview Avenue to the southerly City Corporation limits. Passed, adopted and approved this 22nd day of May, 1967. Richard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler Councilmen Attest: Leo F. Frommelt, City Clerk Mayor Ludwig moved adoption of the resolution. Seconded by ( ouncilman Pfohl. Carried by the following vote: Yeas — Mayor Ludwig, Council- inen McCauley, Pfohl, Pregler, Schultz. Nays—None. [Decision of Council upon objec- tions to plans, specifications, form of contract and cost of improve- ments. RESOLUTION NO. 131.67 WHEREAS, proposed plans and specifications and form of contract for the CITY OF DUBUQUE 1967 110T MIX -HOT LAID ASPHALTIC PAVING PROJECT No. 1 on the following named streets: Bryant Street—from the N.P.L. (f Grandview Avenue to the S.P.L. of Dodge Street. Grandview Avenue — from the E.P.L. of Southern Avenue to the W. P. L. of Kerrigan Road. Madison Street—from the N.P.L. (if 17th Street to the S.P.L. of ( larke Drive. Main Street—from the N.P.L. of Railroad Avenue to the S.P.L. of Jones Street. White Street—from the N.P.L. (if 10th Street to the S.P.L. of 22nd Street. 1 Special Session, May 22, 19 I 245 have been approved by the City Council of the City of Dubuque and public notice given as provided by Chapter 23 of the Code of Iowa, 1966 pertaining to public contracts and bonds, and the time and place fixed for the hearing of all objec- tions to said plans, specifications or contract for or cost of such im- provements, said time being this 22nd day of May, 1967; and WHEREAS, the City Council met in special session this 22nd day of May, 1967, at 7:30 o'clock P.M. at the Council Chambers in the City Hall for the purpose of hearing all interested parties and consider- ing any and all objections which have been filed to the proposed plans, specifications or contract for or cost of the improvement herein described and proposed to be made; and WHEREAS, all interested parties have been given an opportunity to be heard and all objections which have been duly weighed and considered; now, therefore BE IT RESOLVED by the City Council of the City of Dubuque, that all objections which have been made and filed to the plans, spec- ifications, contract for or cost of said improvement herein described and proposed to be made, be and the same are hereby overruled and such plans, specifications and form of contract heretofore approved are hereby adopted. BE IT FURTHER RESOLVED that this resolution containing the decision of this Council upon all objections which have been filed to the plans, specifications and form of cost of said improvement be made a matter of permanent record in connection with said im- provement. Passed, adopted and approved this 22nd day of May, 1967. Richard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler Councilmen Attest: Leo F. Frommelt, City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Pfohl. Carried by the following vote: Yeas — Mayor Ludwig, Council. men McCauley, Pfohl, Pregler, Schultz. Nays—None. (Necessity for Improvement) RESOLUTION NO. 9467 WHEREAS, proposed plans, spec- ifications, form of contract, plat and schedule have been duly pre- pared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk showing among other things the following: 1. The streets to be improved. 2. The width of such improve. ment. 3. Each lot to be assessed to. gether with a valuation fixed by the council. 4. 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. 5. In each case the amount thereof which is estimated to be assessed against each lot, for the City of Dubuque, 1967, Hot Mix. Hot Laid Asphaltic Paving Project No. 1 on the following named streets: Bryant Street—from the N.P.L. of Grandview Avenue to the S.P.L. of Dodge Street. Grandview Avenue — from the E.P.L. of Southern Avenue to the W.P.L. of Kerrigan Road. Madison Streetr–from the N.P.L. of 17th Street to the S.P.L. of Clarke Drive. Main Street—from the N.P.L. of Railroad Avenue to the S.P.L. of Jones Street. White Street—from the N.P.L. of 10th Street to the S.P.L. of 22nd Street. BE IT THEREFORE RESOLVED that the City Council on its own motion or upon petition of proper- ty owners, deems it advisable and necessary for the public welfare to make the herein mentioned im- provement, and unless property owners at the time of the final consideration of this proposed resolution have on file with the City Clerk objections to the amount of the proposed assess. ments, they shall be deemed to have waived all objections thereto. Said improvements shall be con- structed and done in accordance 296 Special Session, May 22, 1967 with the plans and specifications which have been prepared there- fore by the City Engineer which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said improve- ment will be assessed upon and against all privately owned prop- erty lying within assessable dis- tance provided by law and in an amount not to exceed the amount provided by law, property will be assessed whether the same abuts thereon or is adjacent thereto ac- cording to area and in proportion to the special benefits conferred thereby, and any deficiency shall be paid. Bonds shall be issued and sold in anticipation of deferred payments of assessments when a contract has been performed and accepted and the proceeds thereof used to pay the contractor. The railway portion of any street or assessment district shall be as- sessed to and paid by the railway company. The above resolution was intro- duced, approved and ordered plac- ed on file with the City Clerk this 17th day of April, 1967. RECORD OF FINAL ADOPTION The foregoing resoluton was fin- ally passed and adopted, AS AMENDED, by the City Council this 22nd day of May 1967. Richard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler Councilmen Attest: Leo F. Frommelt, City Clerk Councilman Pregler moved final adoption of the resolution. Second. ed by Councilman Pfohl. Carried by the following vote: Yeas — Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None. (Ordering Construction) RESOLUTION NO. 132.67 BE IT RESOLVED by the City Council of the City of Dubuque: that pursuant to a resolution of necessity No. 94.67 which was duly passed by this Council, for the construction of CITY OF DUBU. QUE 1967 HOT MIX -HOT LAID ASPHALTIC CONCRETE PAVING PROJECT NO. 1 on the following named streets; Bryant Street — from the N.P.L. of Grandview Avenue to the S.P.L. of Dodge Street. Grandview Avenue — from the E.P.L. of Southern Avenue to the W.P.L. of Kerrigan Road. Madison Street — from the N. F.L. of 17th Street to the S.P.L. of Clarke Drive. Main Street — from the N.P.L. of Railroad Avenue to the S.P.L. of Jones Street. White Street — from the N.P.L. of 10th Street to the S.P.L. of 22nd Street. be and the same are hereby order- ed and constructed by this Coun- cil upon its own motion and with or without the petition of property owners. All the work shall be con- structed in accordance with the plans and specifications heretofore adopted and now on file in the of- fice of the City Clerk. BE IT FURTHER RESOLVED that the cost and expense of the said improvements be paid for by levying special assessments against the privately owned property lying within the assessable distance from the improvements, whether such property abut upon the same or are adjacent thereto, according to the area thereof and in proportion to the special benefits conferred, and any deficiency will be paid out of the Road Use Tax Fund of the city. Payments will be made to the contractor out of funds realized from the sale of bonds. Street Im- provement Bonds to be issued in antiepation of deferred payments of assessments as provided by law after the work has been completed and accepted by the City Council. BE IT FURTHER RESOLVED that the City Clerk be and he is hereby ordered and directed to ad- vertise for proposals for the con- struction of the various improve- ments herein provided for in the manner provided by law, the said improvements shall be completed on or before 90 days after notice to proceed has been issued. BE IT FURTHER RESOLVED that this resolution being deemed urgent and of immediate necessity shall be in force and effect from I'l Special Session, May 22, 1967 247 and after its passage and adoption by the City Council. Passed, adopted and approved this 22nd day of May, 1967. Richard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler Councilmen Attest: Leo F. Frommelt, City Clerk Councilman Pfohl moved adop- tion of the resolution. Seconded by Mayor Ludwig. Carried by the following vote: Yeas — Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None. Proof of Publication, certified to by the Publisher, of Notice of Pendency of resolution of necessity for public hearing and improve- ments upon proposed plans, spec- ification, form of contract and cost of improvements for construction of CITY OF DUBUQUE 1967 BIT. UMINOUS CONCRETE PAVING PROJECT NO. 1, on the following named streets: Airport — Parking Lot and T - Hangar Apron. North Algona — from the N.P.L. of Universty Avenue to the S.P.L. of Loras Boulevard. Bennett Street — from the W.P. L. of Grandview Avenue to the E.P.L. of McCormick Street. Eagle Point Park — Roadway. Flora Park — Parking lot at Green Street and Bunkerhill Road. Farragut Street — from the W.P. L. of Kerper Boulevard to the W.P. L. of the alley between Kerper Boulevard and Garfield Avenue. Grace Street — from the E.P.L. Of McCormick Street to the W.P.L. of Grandview Avenue. Merz Street — from the E.P.L. of Windsor Avenue to the W.Y.L. of Althauser Street. Perry Street — from the W.P.L. Of Grandview Avenue to the E.P.L. Of Rider Street. presented and read. Councilman Pregler moved that the proof of publication be received and filed. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Mayor Ludwig, Council- 1 men McCauley, Pfohl, Pregler, Schultz. Nays—None. Statement of City Clerk certify- ing that notices of public hearing on the resolution of necessity were mailed by certified mail on May 3, 1967 to property owners of record subject to assessment for construc- tion of the City of Dubuque 1967 Bituminous Concrete Paving proj- ect No. 1, presented and read. Councilman Pregler moved that the proof of publication be receiv- ed and filed. Seconded by Mayor Ludwig. Carried by the following vote: Yeas — Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None. Petition of Joseph A. Collins of 2120 Grace Street objecting to proposed paving of Grace street from Algona to McCormick Street, presented and read. Councilman Pregler moved that the petition be received and filed. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None. Petition of Fred A. White et al (12 signers) objecting to the pro- posed paving of Bennett Street from Algona to McCormick Street, as same could be repaired to give many long years of service, pre- sented and read. Mayor Ludwig moved that the petition be receiv- ed and filed. Seconded by Council- man Schultz. Carried by the fol- lowing vote: Yeas — Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None. Petition of George W. Meyer et al (14 signers) objecting to the pav- ing of N. Algona from University Ave. to Loras Blvd., as the street does not warrant it, presented and read. Councilman Pregler mov- ed that the petition be received and filed. Seconded by Council- man McCauley. Carried by the following vote: Yeas — Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None. 248 Special Session, May 22, 1967 Petition of Richard J. Kelly et al (37 signers) objecting to the proposed resurfacing of Grace Street, presented and read. Mayor Ludwig moved that the petition be received and filed. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None. Councilman Pregler moved that Farragut Street from the W.P.L. of Kerper Blvd. to the W.P.L. of the alley between Kerper Blvd. & Garfield Ave. and Perry Street from the W.P.L. of Grandview Av- enue to the E.P.L. of Rider street be deleted from the City of Du- buque 1967 Bituminous Paving pro- ject No. 1. Seconded by Council- man Schultz. Carried by the fol- lowing vote: Yeas — Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None. Some discussion arose as to the proposed closing of a portion of N. Algona. Robert Justman of 1920 Loras Blvd. and Joe Meyer of 1882 Loras Blvd. thought it wise to hold off on the paving of Algona at this time and possibly close it off now. Mr. Harold Hoppmann of 2244 Grace Street objected to the closing of Algona Street. Councilman McCauley moved that North Algona from the N.P.L. of University Ave, to the S.P.L. of Loras Blvd, be retained in the City of Dubuque 1967 Bituminous Pay. ing Project No. 1. Seconded by Councilman Pregler, Carried by the following vote: Yeas — Mayor Ludwig, Council. men McCauley, Pregler, Schultz. Nays—Councilman Pfohl. Mr. Fred White of 2263 Bennett questioned the wisdom of the pro. posed paving of Bennett from Mc. Cormick to Algona on the premise that it is part of the University of Dubuque campus. It is possible that this part of Bennet street would be subject to vacation in the next Universiy building program. The University already owns eight houses in the area. Mr. Harry Hansen of 2837 Bennett raised some objections to the paving of Bennett Street, Councilman Schultz moved that Bennett street from W.P.L. of Grandview avenue to E.P.L. of McCormick Street be retained in the City of Dubuque 1967 Bitumin. ous Paving Project No. 1. Second. ed by Councilman Pregler. Carried by the following vote: Yeas — Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None. Mr. Richard Kelly of 1819 Grace Street objected to the proposed re- surfacing of Grace Street by stat- ing that the street is in good shape and the bad areas could be repair- ed. Robert Sullivan of 1790 Grace Street stated that Grace street was to be stubbed off in the Gruen plan. Mr. Fred Voels of 1875 Grace Street stated that the petition of objection speaks for itself. Councilman Pregler moved that Grace street from the E.P.L. of McCormick street to the W.P.L. of Grandview Ave. be retained in the City of Dubuque 1967 Bituminous Paving Project No. 1. Seconded by Councilman McCauley. Carried by the following vote: Yeas — Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None. Mr. Mel Digman of 922 Merz, Harry Welter of 920 Merz, John Fuerst, of 710 Merz, and John Rat- terman, 909 Merz, made inquiry into various proposed moves as to the paving of Merz street. The City was apprised as to curb conditions and drainage which should be cor. rected before paving. Councilman Pregler moved that Merz street from the E.P.L. of Windsor Avenue to W.P.L. of Alt- hauser Avenue be retained in the City of Dubuque 1967 Bituminous Paving Project No. 1. Seconded by Councilman McCauley. Carried by the following vote: Yeas — Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None. RESOLUTION NO. 133-67 RESOLUTION AMENDING RESOLUTION NO. 9847 BE 1'1' RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: 1 Special Session, May 22, 1967 249 Section 1. That Resolution No. W-67, being the Resolution of Necessity for the City of Dubuque 1967 Bituminous Concrete Surfac- ing Project No. 1, be and the same is hereby amended by deleting the following portions of the following named streets therefrom: Farragut street from the W.P.L. of Kerper Boulevard to the W.P.L. line of the alley between Kerper Boulevard and Garfield Avenue. Perry Street from the W.P.L. of Grandview Avenue to the E.P.L. of Rider Street. Passed, adopted and approved this 22nd day of May, 1967. Richard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler Councilmen Attest: Leo F. Frommelt, City Clerk Councilman Pfohl moved adop- tion of the resolution. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None. Decision of Council upon objec- tions to plans, specifications, form of contract and cost of im- provements. RESOLUTION NO. 13467 WHEREAS, proposed plans and specifications and form of contract for the CITY OF DUBUQUE 1967 BITUMINOUS CONCRETE PAV- ING PROJECT NO. 1 on the fol- lowing named streets: Airport—Parking Lot and T -Han- gar Apron. North Algona—from the N.P.L. of University Avenue to the S.P.L. of Loras Boulevard. Bennett Street—from the W.P.L. of Grandview Avenue to the E.P.L. of McCormick Street. Eagle Point Park—Roadway. Flora Park—Parking lot at Green Street and Bunkerhill Road. Greco Street—from the E.P.L. of McCormick Street to the W.P.L. of Grandview Avenue. Mer: Street—from the. E.P.L. of %Vindsor Avenue to the W.P.L. of Althauser Street. have been approved by the City Council of the City of Dubuque and public notice given as provid- ed by Chapter 23 of the Code of Iowa, 1966 pertaining to public con. tracts and bonds, and the time and place fixed for the hearing of all objections to said plans, specifica. tions or contract for or cost of such improvements, said time be. ing this 22nd day of May, 1967; and WHEREAS, the City Council met in special session this 22nd day Of May, 1967, at 7:30 o'clock P.M. at the Council Chambers in the City Hall for the purpose of hear- ing all interested parties and con- sidering any and all objections which have been filed to the pro- posed plans, specifications or con- tract for or cost of the improve- ment herein described and pro- posed to be made; and WHEREAS, all interested parties have been given an opportunity to be heard and all objections which have been duly weighed and con- sidered; now, therefore BE IT RESOLVED by the City Council of the City of Dubuque, that all objections which have been made and filed to the plans, speci- fications, contract for or cost of said improvement herein described and proposed to be made, be and the same are hereby overruled and such plans, specifications and form of contract heretofore approved are hereby adopted. BE IT FURTHER RESOLVED that this resolution containing the decision of this Council upon all objections which have been filed to the plans, specifications and form of cost of said improvement be haeo a matter of permanent rec- ord in connection with said im- provement. Passed, adopted and approved this 22nd day of May, 1967. Richard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. NOW Walter A. Pregler Councilman Attest: Leo F. Frommelt City Clerk Councilman Pfohl moved adop- tion of the resolution. Seconded by 250 Special Session, May 22, 1967 Mayor Ludwig. Carried by the fol- lowing vote: Yeas — Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. Nays—None. (Necessity for Improvement) RESOLUTION NO. 98-67 WHEREAS, proposed plans, specifications, form of contract, plat and schedule have been duly prepared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk showing among other things the following: 1. The streets to be improved. 2. The width of such improve. ment. 3. Each lot proposed to be as- sessed together with a valuation fixed by the council. 4. 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. 5. In each case the amount there- of which is estimated to be as. sessed against each lot, for the City of Dubuque, 1967, Bituminous Concrete Paving Project No. 1 on the following named streets: Airport—Parking Lot and T -Han. gar Apron. North Algona—from the N.P.L. of University Avenue to the S.P.L. of Loras Boulevard. Bennett Street—fl-om the W.P.I,. of Grandview Avenue to the E. P.L. of McCormick Street. Eagle Point Park—Roadway. Flora Park—Parking lot at Green Street and Bunkerhill Road. Grace Street—from the E.P.L. of McCormick Street to the W.P.L. of Grandview Avenue. Merz Street—from the E.P.L. of Windsor Avenue to the W.P.L. of Althauser Street. BE IT THEREFORE RESOLVED that the City Council on its own motion or upon petition of prop. erty owners, deems it advisable and necessary for the public wel. fare to make the herein mentioned improvement, and unless property owners at the time of the final consideration of this proposed reso. lution have on file with the City Clerk objections to the amount of the proposed assessments, they shall be deemed to have waived all objections thereto. Said improvements shall be con- structed and done in accordance with the plans and specifications which have been prepared there- fore by the City Engineer which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said improve- ment will be assessed upon and against all privately owned prrp- erty lying within assessable dis- tance provided by law and in an amount not to exceed the amount provided by law, property will be assessed whether the same abuts thereon or is adjacent thereto ac- cording to area and in proportion to the special benefits conferred thereby, and any deficiency shall be paid out of the 135J Road Use Tax Fund. Bonds shall be issued and sold in anticipation of deferred Payments of assessments when a contract has been performed and accepted and the proceeds thereof used to pay the contractor. The railway portion of any street or assessment district shall be as. sessed to and paid by the railway company. The above resolution was intro- duced, approved and ordered plac- ed on file with the City Clerk this 17th day of April, 1967. RECORD OF FINAL ADOPTION The foregoing resolution was finally passed and adopted, AS AMENDED, this 22nd day of May 1967. Richard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler Councilmen Attest: Leo F. Frommelt, City Clerk Councilman Pfohl moved final adoption of the resolution. Second- ed by Mayor Ludwig. Carried by the following vote: Yeas — Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None. Special Session, May 22, 1967 251 (Ordering Construction) RESOLUTION NO. 135-67 BE IT RESOLVED by the City Council of the City of Dubuque that pursuant to a resolution of necessity No. 98-67 which was duly passed by this Council, for the con. struction of CITY OF DUBUQUE BITUMINOUS CONCRETE PAV. ING PROJECT NO. 1 on the fol- lowing named streets: Airport—Parking Lot and T -Han. gar Apron. North Algona—from the N.P.L. of University Avenue to the S.P.L. of Loras Boulevard. Bennett Street—from the W.P.L. of Grandview Avenue to the E.P.L. of McCormick Street. Eagle Point Park—Roadway. Flora Park—Parking lot at Green Street and Bunkerhill Road. Grace Street—from the E.P.L. of McCormick Street to the W.P.L. of Grandview Avenue. Merz Street—from the E.P.L. of Windsor Avenue to the W.P.L. of Althauser Street. be and the same are hereby or- dered and constructed by this Council upon its own motion and with or without the petition of property owners. All the work shall be constructed in accordance with the plans and specifications heretofore adopted and now on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the cost and expense of the said improvements be paid for by levying special assessments against the privately owned property lying within the assessable distance from the improvements, whether such Property abut upon the same or are adjacent thereto, according to the area thereof and in proportion to the special benefits conferred, and any deficiency will be paid out of the Road Use Tax Funds of the city. Payment will be made to the contractor out of funds realized from the sale of Street Improve- ment Bonds to be issued in antici- pation of deferred payments of as- sessments as provided by law after the work has been completed and accepted by the City Council. BE IT FURTHER RESOLVED that the City Clerk be and he is hereby ordered and directed to ad- vertise for proposals for the con- struction of the various improve- ments herein provided for in the manner provided by law, the said improvements shall be completed on or before 90 days after notice to proceed is issued. BE IT FURTHER RESOLVED that this resolution being deemed urgent and of immediate necessity shall be in force and effect from and after its passage and adoption by the City Council. Passed, adopted and approved this 22nd day of May, 1967. Richard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler Councilmen Attest: Leo F. Frommelt City Clerk Mayor Ludwig moved adoption of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. Nays—None. Communication of Doug Herron of 2166 Broadlawn, voicing his op- position to the decision reached by the Council at the public hear- ing on Urban Renewal held on May 18, 1967, presented and read. Ma- yor Ludwig moved that the com- munication be received and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. Nays—None. Communication of A. L. Weitz of 2999 Burden Ave. requesting im- partial consideration be given Westview Shopping Center, pre- sented and read. Councilman Pfohl moved that the communication be received and filed. Seconded by Mayor Ludwig. Carried by the fol- lowing vote: Yeas — Mayor Ludwig, Coun- cilmen )McCauley, Pfohl, Pregler, Schultz. Nays—None. Communication of Municipal Judge Edward D. Failor, submit- ting his resignation as Judge of the Municipal Court effective at 12:01 A.M. June 5, 1967, presented and 252 Special Session, May 22, 1967 read. Councilman Pfohl moved that the Mayor communicate with the Governor and take steps for an ap- pointment. Seconded by Council- man Schultz. Carried by the fol- lowing vote: Yeas — Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. Nays—None. Councilman Pregler further moved that the resignation of Judge Failor be accepted with re- gret and the Mayor send a letter of appreciation. Seconded by Ma- yor Ludwig. Carried by the fol- lowing vote: Yeas — Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. Nays—None. Communication of Martin Wes- terfield of the Martin Oil Co, ob- jecting to various violations of the State Fire Code as they now exist in the City at various gasoline ser- vice pumps and bulk plants, pre- sented and read. Mayor Ludwig moved that the communication be received and filed after the City Manager explained that the so- called violations are under study. Seconded by Councilman 'Mccau- ley. Carried by the following vote: Yeas — Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. Nays—None. Communication of League of Municipalities "Legislative Round. Up" calling attention to the short. age of essential health services in the State of Iowa and immediate action should be inaugurated for accelerated program to meet the needs, presented and read. Coun- cilman Pregler moved that the communication be referred to the Mayor. Seconded by Councilman Pfohl. Carried by the following vote: Yeas _ Mayor Ludwig, Coun. cilmen McCauley, Pfohl, Preglcr, Schultz. Nays—None. May 8, 1967 To the Honorable Mayor and City Council Gentlemen: I am returning the petition of George Kennedy requesting per. mission to install an air condition- er which would extend on City property. The petition has been withdrawn as indicated in the attached letter of City Engineer White, dated May 2nd. Respectfully submitted, Gilbert D. Chavenelle City Manager Councilman Pregler moved that the communication be received and filed. Seconded by Councilman Pfohl. Carried by the following vote: Yeas — Mayor Ludwig, Coun. cilmen McCauley, Pfohl, Pregler, Schultz. Nays—None. May 17, 1967 To the Honorable Mayor and City Council Gentlemen: 1 herewith submit the report of the City Treasurer for the month of April 1967. Also enclosed is monthly report of the City Health Department for the month of March 1967. Respectfully, Gilbert D. Chavenelle City of Manager Councilman Pfohl moved that the reports be received and filed. Seconded by Councilman Pregler. Carried by the followed vote: Yeas — Mayor Ludwig, Coun. cilmen McCauley, Pfohl, Pregler, Schultz, Nays—None. Proof of Publication, certified to by the Publisher, of Statement of receipts and a list of claims for which warrants were issued during the month of April 1967, presented and read. Councilman Pfohl moved that the proof of publication be received and filed. Seconded by Mayor Ludwig. Carried by the fol- lowing vote: Yeas — Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. Nays—None. May 10, 1967 To the Honorable Mayor and City Council Gentlemen: This is to inform your honorable body that during the recent flood six of the City storm sewers were damaged. Sealed bids were received until 10:00 A.M., D.S.T., May 10, 1967 to repair these sewers. Special Session, May 22, 1967 253 The lowest bid entered was sub- mitted by M. F. Goerdt Construc- tion Company of Dubuque, Iowa for the amount of $11,731.00. The City's estimated cost was $11,510.00. I recommend that the contract for the repair be awarded to M. F. Goerdt Construction Company, Du- buque, Iowa. Respectfully submitted, Gilbert D. Chavenelle City Manager Councilman Pfohl moved that the recommendation of the City Manager be approved. Seconded by Councilman McCauley. Carried by the following vote: Yeas — Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. Nays—None. Printed Council proceedings for the month of January 1967 pre- sented for approval. Councilman Pfohl moved that the Council pro- ceedings for the month of January 1967 be approved as printed. Sec- onded by Councilman Pregler. Car- ried by the following vote: Yeas — Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. Nays—None. May 18, 1967 To the Honorable Mayor and City Council Gentlemen: I herewith submit the monthly report of the City Water Depart- ment for the month of April 1967. Respectfully, Gilbert D. Chavenelle City Manager Councilman Pregler moved that the report be received and filed. Seconded by Councilman Pfohl. Carried by the following vote: Yeas — Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. !gays—None. May 22, 1967 To the Honorable Mayor and City Council, Gentlemen: Thi; is to advise that I have ap proved the following policy and bonds and desire to have your ap- proval on same. COMPREHENSIVE LIABILITY Edward U T,chig.,frie, .Jr. and Joan T,ch►ggirie, The Western Casualty and Surety Co. y SIDEWALK Curtis Bauer, Merchants Mutual Bonding Co. Edwards Construction Co., Mer. chant; Mutual Bonding Co. Frank E. Miller, United Fire & Cas- ualty Co. Kenneth Schromen, The Ohio Cas. ualty Insurance Co. Timmerman Construction Co., The Travelers Indemnity Co. Gilbert D. Chavenelle, City Manager Councilman Pregler moved that the policy and bonds be filed sub- ject to approval of the City attor- ney. Seconded by Councilman Mc- Cauley. Carried by the following vote: Yeas — Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. Nays—None. May 19, 1967 To the Honorable Mayor and City Council Gentlemen: I am returning to you the peti- tion for a st►eet light at the inter- section of Alpine and Carlotta Streets. The area has been investigated, and it is recommended that a 4000 lumen incandescent light be in- stalled at the location. Respectfully requested, Gilbert D. Chavenelle City Manager Councilman Pregler moved ap- proval of the City Manager's rec- ommendation. Seconded by Coun- cilman McCauley. Carried by the following vote: Yeas — Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. Nays—None. May 22, 1967 To the Honorable Mayor and City Council Gentlemen: I herewith submit the report of the City Auditor, as well as a list of claims and payrolls for which warrants were issued for the month of April 1967. Respectfully, Gilbert D. Chavenelle City Manager Councilman Pregler moved that the report be received and filed. Seconded by Councilman Schultz. Carried by the following vote. 259 Special Session, May 22, 1967 Yeas — Mayor Ludwig, Coun• cilmen McCauley, Pfohl, Pregler, Schultz. Nays—None. Notice of claim of Violet M. Haas in the amount of $8.00 for person- al injuries received in a fall at the alley crosswalk on 13th Street between Central and White streets on May 13, 1967, presented and read. Councilman Pregler moved that the claim be referred to the City Solicitor for investigation and report. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. Nays—None. Notice of claim of Jeanette Mur- phy of 1828 Norland St. in the amount of $20 for personal inju. ries received in a fall in the street near her home on May 9, 1967, pre- sented and read. Councilman Preg- ler moved that the claim be re- ferred to the City Solicitor for in. vestigation and report. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. Nays—None. Petition for a Declaratory Judg- ment by Adam Casutt Plaintiff vs. City of Dubuque that Section 368.47 of the Iowa Code is bind. ing and applicable to the contro. versy on Urban Renewal and whether said program should have approval of a majority of the vot- ers, presented and read. Council- man Pregler moved that the peti. tion be referred to the City Solici- tor for investigation and report. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. Nays—None. Proof of Publication, certified to by the Publisher, of notice of pub. lic hearing on Ordinance No. 18-67 which is an ordinance amending and changing the 'Luning Map and Zoning Ordinance of the City of Dubuque known as Ordinance No. 3-34 so as to provide zoning clas. sification for the area annexed to the City, presented and read. Coun. cilman Pfohl moved that the proof of publication be received and filed. Seconded by Mayor Ludwig, Carried by the following vote: Yeas — Mayor Ludwig, Coun- cilmen McCauley, Pfohl. Pregler, Schultz. Nays—None. COUNCIL RECESSED AT 11:45 P.M. RECONVENED AT 11:50 P.M. Attorney Dan Ernst objected to the adoption of Ordinance No. 18- 67 by stating that it is invalid, un- constitutional and void. It does not allow for the pre-existing non con. forming use of the Link property. Dr. Link, owner of the property at J. F. K. Road and Pennsylvania Ave., stated that this area was known as the Westview Shopping Center since 1959. Grading and sewer installation at a cost of from $17,000 to $18,000 was com- pleted mostly prior to annexation. One building was built in 1962, a second one in 1964 and the oil sta- tion in 1966. The total amount ex- pended is between $75,000 and $80,000. Mr. Thos. Voelker of 2305 Simpson, a local realtor and ap- praiser, stated that the area is not suited for single family dwellings, and would be best served if it were used for commercial pur- pose. Mr. Bob Lundin of 49 N. Grand- view, also a real estate appraiser, stated that the Link property is not suitable for single family dwell- ings. It fits into the shopping center realm due to the heavy arterial traffic. Mr. Jack Thompson of 3165 As- bury, now one of the tenants in the Link shopping area stated that Dr. Link talked to him as far back as 1962 and then again in April Of 1965. He thought it would be best served under Business "A" classification for the Oky-Doky food market. ORDINANCE NO. 18-67 An Ordinance Amending and changing the Zoning Map of the City of Dubuque, Iowa as provided by Ordinance No. 3- 34, designated "Zoning Ordin- ance of the City of Dubuque" so as to provide Zoning Class- ification for the area annexed to the City, presented for Final Adoption. A— Special Session, May 22, 1967 255 ORDINANCE NO. 18-67 An Ordinance amending and changing the toning map Of the City Of Du- buque, Iowa AS provided by Ordinance No. 3-34 designated "Zoning Ordinance of the Pity of Dubuque" so as to pro. vide zoning classification for the area annexed to the City. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE: Section 1. That the zoning map and zoning ordinance of the CitT of Du- buaue be, and the same is hereby amended and changed so as to include the area annexed to the City of Du. buque, the Perimeter of which Is de- scribed as follows, to wit: Commencing at the Existing City Limits on the northwest corner of Lot 1 of Mineral Lot 388 in Section 15, T. 89 N., R. 2E, of 5 P.M. thence west along the northsection line of Section 15 a distance of 39SB.3S feet to the northwest corner of Section 15 T. 89 N., R. 2E. of 5 P.M., thence west a dis- tance of 1320 feet along the north sec- tion line of Section 16, thence south along the east property of Helen E. and Mary H. Stewart Subdfvlsion for a dis- tance of 1162 feet 10 the south Property line of Old Timers Road, (now known as John F. Kennedy Road) thence north- westerly alone the south property line of the Old Timers Road, (now known as John F. Kennedy Road) a distance of 1133.22 feet to the est Property line of Lot 2 of Mineral Lot 460, thence 1326.60 feet southwesterly along 1 h e east property line of Lot 2 of Mineral Lot 460, thence a distance of 663.30 feet northwesterly along the south property line of Lot 2 of Mineral Lot 460 to the Southeasterly line of Lot 2 of Mineral Lot 459, thence 1510.74 feel southwest- erly to the south property line of Lot 2 of Mineral Lot 459 thence 955.68 feet along the south property line of Lot 2 of Mineral Lot 459 to the west section line of Section 16, T. 89 N., R. 2E, of 5 P.M. thence south along the west section line of Section 16, a distance of 2640 feet to the southwest Corner of Sec- tion 16, T. 89 N., R. 2E, of 5 P.M. thence south a distance of 5,280 feet along the west section line of Section 21 to the R U12F athence e2640 teethe astl along the south section line of Section 21 to the northwest corner of the northeast 1:. of Section 28 thence 1320 feet south along the east Property line of the northeast 1: of The northwest 1., of Section 28 to the southeast corner of the northeast 1a of the northwest 1:: of Section 28, thence east 711.46 feet along the south line of Lot 1 of Lot 1 of the northwest 1;4 of the northeast t:of Section 28, to the west property line of C. J. Bies Subdi- vision in Section 28, T. 89 N., R. 2E, of 5 P.M., thence south 129.56 feet to the southwest corner of C. J. Bies Subdivis. ion, thence east 608.54 feet to the east line of the southwest 1. of the north. east 1.; of Section 28, thence south along the west Property line of Lot 1 of Lot 1 of Lot 1 of Hawkeve Stock Farm 1695.44 feet to a point 60 feet north of the center line of the north lane of High- way 20, thence easterly 60 feet north of, and parallel to the center line of the thewestsect on line 2of lSection 1 27 thence north 324.84 feet to the south PProPertY line of Lof 1 of Lot 2 of Lot thenceLot 596.06 ofeeit easterlywkeye Stock longF t h e south Property line of Lot 1 of Lot 2 of thence ofLt 4 1.3 1 feet fl easterly Stalong t Farm, south Property line of Lot 2 of Lot 2 of Of 1 01 Lot 1 of Hawkeve Stock Farm to its intersection with the extension of the westproperty line of Lot 1 of LOf I of Lot 1 of Lot 1 of Lot 1, Lot 2 of at 1 of Mineral Lot 241 In Section 27 T. 89R. 2E, of 5 P.M. thence southerly aloN., ng the west Property line Of Of 1 of at 1 of Lot 1 of Lot 1 of lot 1, Lot 2of Lot 1 of Mineral Lot 214 In Section 21 T 89 N., R. 2E, of a distance of 324.84 feet to a Of ithe feet tlanorth HighwayC201ethelncr 2972.3 feet easterly along a line 60 feet north of and Parallel to the center lino Of the north lane of HiV�thway 20 to ex- Isting westerly city Iimfts of Dubuque, Iowa, all the above describedterritory adlolning the corporate limits of the City of Dubuque, Dubuque County, Iowa, and to be included with the above area are Lot 2 of Mineral Lot 368 in Section 25 of Lot N.,oR.L2ot tofuI tots landf Lot 4 of Miner I Lot 312 In Section 6 T. 89 N., R. 3. of 5 P.M. Section 2. That 811 Of the said area he described, except the Por- tions described In Sections 3 and 4 here- of is hereby classified and designated ',ingie Family Residence District.^ areas ar. That eherebYthcla Classified rndsdesep rated Local Business Districts A' a. Lot 1 of the Subdivision of Lot 2 of Rudolph's Farm in Section 27; Township 89 N., R. 2E of 5th P.M.; and Lot I of Subdivision of Lot 2 of HawkeveLot 2 Stock t Farm in of Lot I tions 27 and 28, Dubuque Township, bll in Lot 2 oftheSubDubuque, visioneoft Lot' 1 M Lot 1 of Rudolph', Farm in Sec. tion Lot ;1 of Lott 2 of Lot 2uof iLotoI Of Lot 1 of Hawkeve Stock Farm in Sections 27 and 28 In the City of Du- buque, Iowa. C. Lot 1 of Subdivision of East 291.8 feet of Lot 2 of Lot 2 of Southeast 21, T. 189N.R. Southeast , 5th f1o1PMcoon in the City of Dubuque, Iowa d. The North 137 feet of the East 300 feet of thf, West 430 feet of Lot 2 of Lot 2 of the SOUTHEAST 114 Of the SOUTHEAST 1:: of Section 21, T. 89N., R 2E., 5th P.M., in the City of Dubuque, Iowa. Section 4. That the following described areas are hereby Classified and desig- nated "Local Business Districts 'B"': a. "Bird Chevrolet Center Grove Place" in Section 27, Dubuque Town- ship, Dubuque County, Iowa. b. Lot 1 of Mineral Lot 246 in the City of Dubuque, Iowa except that whitchnshalrremaincasbSingle Family Residence District. Commencing at the southeast cor- ner of Lot 1 of Mineral Lot 246 In Section 27, Dubuque Township, Du. buque County, Iowa, now in the City of Dubuque, Iowa, also being the southwest corner of "Bird Chevrolet Center Grove Place', In Section 27, Dubuque Township, Dubuque County, Iowa, now in the City of Dubuque, Iowa, thence North 73:56' West, 77.18' along Uni- way, thence - South 301 36' East, 169.63 feet to southerly right-of-wav line of John F. Kennedy Road and the Point of beginnlnq, thence continuing South 3p° 36' East, 71.90 feet, thence South 771 55' East, 67.75 feet to said John F. Kennedy Road right-of-way, thence North 53" 31' West, 127.77 feet along said John F. Kennedv Road right- of-way to point of beginning, contain- ing 0.041 acres. e. Beginning at a Point 257.15 feet south of the East one -Quarter corner of said Section 20 and on the east line of said Section 28, being9 the intersection of the said cast Iine of the said Section 28 and the northerly right o1 -way line of U.S. Highway No. 20, thence North 257.15 feet on the Section line to said East One -Quarter corner of ;aid Section 28, thence North 1,333.86 North 87° 47' West, 302.43 feet, thence North 88° 41' West, 317.25 feet, thence North 89° 471,'2' West, 408.71 feet to the Northwest Corder of Southeast One -(quarter of Northeast One-quar- ter, Section 28, Township 89, North RanSSlIe 2 East of the 5th Principai Meridlan, thence South, 478.57 feet, thence South Or, 21' West, 650,117 feet, thence South 0' 29' East, 473. DO feet to the northerly right-of-way line of U.S. Highway No. 20, thence along the northerly rlppht-of-wav line of said U.S. Highway No. 20, marked 256 Special Session, May 22. 1967 by rallro, d re1�tia. _es follows: North s6° OB�h' lesot 112.x8 feet, thence North 76° 40' East, 223.28 feet, thence North 781 17%1 East, 387.78 feet, thence North 89° 361h' East, 255.23 feet, thence South 881 47112' East, 389.24 feet to Point of beginning: excepting that area In Lot 2 of Lot 1 of Lot 1 of Hawkeye Stock Farm In Sections 27 and 28, Dubuque Township, Du- buque County Iowa, lying west of the section line between Sections 27 and 28, and being In the northeast corner of the aforesaid tract com- be- In the John F. Ken - hence along a 6° 00' southeasterly a dis- t feet more or less to beginning: of Dubuque, Dubuque s Lot 1 of Lot 1 of vkeye Stock Farm In Id 28, Dubuque Town. County, _Iowa, now In City o{ Dubuque, Iowa. e. in me e. Lots 1, 2 and 3 of "Sarah S. and Edward Bartels place at Cen. ter Grove" located on the north sides of andl Including theuVolkswagen Sectionnd S, Thlvicg. - ordlArwice shall be In II force and effect from and after i final passage, adoption and publl- 67troduced vont the Provided. Ru67. of April, le requiring reading on three sepa- te days suspended by unanimous vote e 17th day of April, 1967. Passed, A.,ssadopted M., and approved this M. SYLVESTER MCCAUL EY Mayor WALTER A. PREGLER ATTEST: Councilmen Leo F. Frommelt City Clerk HeraldlsnewspafperaIfhlsi 2611212day elegMay. 1967. LEO F. FROMMELT It. 5.26 City Clerk Councilman Pregler moved for final adoption of the Ordinance. Seconded by Mayor Ludwig. Councilman Pfohl moved to table the previous motion until recom• mendation of the Planning & Zon- ing Commission comes in. Second- ed by Councilman Schultz. Vote and roll call on the motion was Yeas—Councilman Pfohl, Schultz, Nays—Mayor Ludwig, Council. men McCauley, Pregler. Roll call on the final adoption was carried as follows: Yeas — Mayor Ludwig, Council- men McCauley, Pregler Pfohl, Schultz. Proof of Publication, certified to by the Publisher, of notice of s public hearing on Ordinance No. 21-67 being an Ordinance to con- sider amending the Zoning Map and Zoning Ordinance known as Ordinance No. 3-34 so as to change Lot 5 of Lange's Subdivision from Single Family to Multiple Resi- dence District Classification, pre. sented and read. No written objections were filed and no oral objectors were present in the Council Chamber at the time set for the public hearing. Councilman Pregler moved that the proof of publication be receiv. ed and filed. Seconded by Mayor Ludwig. Carried by the following vote: Yeas — Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays --None. ORDINANCE NO. 21-67 An Ordinance Amending and Changing Ordinance No. 3.34 known as the Zoning Map and Zoning Ordinance of the City of Dubuque so as to change certain property hereinafter described from "Single Family Residence District" classifica- tion to "Multiple Residence District" classification, presented for final adoption. ORDINANCE NO. 21.67 An ordinance amending and Chang- Ing Ordinance No. 3.34 known as the B D uDo ivislon in ine ,a. 1d approved this LUDWIG ITER MCCAULEY VVALitK A. PREGLER Attest;LEO F. FROMMELT Published officlially In the Telegraph. Herald Newspaper this 26th day of May, 1967. LL ChW Clerk rommelt 1 f. 5.26 Councilman Pregler moved final adoption of the Ordinance. Second- ed by Councilman Pfohl. Carried by the following vote: Yeas — Mayor Ludwig, Council- men McCauley, Pfohl, Schultz. Nays—None. Special Session, May 22, 1967 257 May 18, 1967 Honorable Mayor and Council Members Gentlemen: On May 11 the City Planning and Zoning Commission held a public hearing on a proposal to reclass. ify certain properties on the zon. ing map located along Kennedy Road from Highway #E20 to Penn. sylvania Avenue. A legal descrip. tion of the properties proposed to be reclassified and a map illus- trating these same areas are at- tached. A notice of the public hearing was published in the Telegraph Herald on April 26, 1967. No writ. ten objections were on file prior to the public hearing and no one appeared at the public hearing in opposition to the proposal. Mr. N. J. Yiannias appeared and spoke in favor of the proposal. It is the recommendation of the City Planning and Zoning Com- mission that the proposal, illustrat. ed and described on the attached sheets, be accepted. Respectfully submitted, Don Gilson Director of Planning Mayor Ludwig moved that the communication be received and filed. Seconded by Councilman Pfohl. Carried by the following vote: Yeas — Mayor Ludwig, Council. men McCauley, Pfohl, Pregler, Schultz. Nays—None. ORDINANCE NO. 25.67 An ordinance amending and changing Ordinance No. 3.34 known as the Zoning Map and Zoning Ordinance of the City of Dubuque so as to change certain property hereinafter described from "Single Fam- ily Residence District' class. ification to "Local Business "B" classification, Yiannias property) presented and read. Councilman Pregler moved that the reading just had be consid. ered the first reading of the Ordi- nance. Seconded by Councilman Pfohl. Carried by the following vote: Yeas—Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None. i Councilman Pregler moved that the rule be suspended requiring an Ordinance to be read on three separate days. Seconded by Coun. cilman McCauley. Carried by the following vote: Yeas—Mayor Ludwig, Council. men McCauley, Pfohl, Pregler, Schultz. Nays—None. Councilman Pregler moved that a public hearing be held on the Ordinance on June 19, 1967, at 7:30 o'clock P.M. in the Council Chambers at the City Hall and that the City Clerk be instructed to publish notice of the hearing in the manner required by law. Seconded by Councilman Pfohl. Carried by the following vote: Yeas—Mayor Ludwig, Council. men McCauley, Pfohl, Pregler, Schultz. Nays—None. ORDINANCE NO. 2667 An ordinance amending and changing Ordinance No. 3.34 known as the Zoning Map and Zoning Ordinance of the City of Dubuque so as to change certain property hereinafter described from "Local Bus- iness District "A" classifica- tion to "Local Business District "B" classification, (Yiannias property) presented and read. Councilman McCauley moved that the reading just had be con- sidered the first reading of the Ordinance. Seconded by Mayor Ludwig. Carried by the following vote: Yeas—Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None. Councilman McCauley moved that the rule requiring an Ordi. nance to be read on three sep- arate days be waived. Seconded by Mayor Ludwig. Carried by the following vote: Yeas—Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None. Councilman McCauley moved that a public hearing be held on the Ordinance on June 19, 1967, at 7:30 o'clock P.M. in the Coun- cil Chamber at the City Hall and that the City Clerk be instructed to publish notice of the hearing 258 Special Session, May Z2, 1987 in the manner required by law Seconded by Councilman Pfohl, Carried by the following vote: Yeas—Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None. Petition of Dubuque Community School District requesting exten- sion of sanitary sewer facilities to the Table Mound Elementary school at 2211 Rockdale Road, presented and read. Councilman Pregler moved that the petition he referred to the Council and staff. Seconded by Councilman Pfohl. Carried by the following vote: Yeas—Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None. Petition of Peoples Natural Gas requesting permission to excavate on Clarke Drive near Clarke Col- lege, presented and read. Council. man Pfohl moved that the petition be granted. Seconded by Council- man McCauley. Carried by the following vote: Yeas—Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None. Petition of Peoples Natural Gas requesting permission to excavate on University Ave. near N. Booth, presented and read. Councilman Pfohl moved that the petition be granted. Seconded by Councilman McCauley. Carried by the follow- ing vote: Yeas—Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None. Petition of Peoples Natural Gas requesting permission to excavate on Clarke Drive near Woodworth Street,presented and read. Coun- cilman Pfohl moved that the peti. tion be granted. Seconded by Councilman McCauley. Carried by the following vote: Yeas --Mayor Ludwig, Council Schultz. men McCauley, Pfohl, Pregler, Nays --None. Petition of Conrad Plumbing & Heating Co. requesting permission to excavate in alley behind Shak. eY's Pizza Parlor at 4th & Locust St., presented and read Council- man Pregler moved that the peti- tion be granted. Seconded by Councilman McCauley. Carried by the following vote: Yeas—Mayor Ludwig, Council. men McCauley, Pfohl, Pregler, Schultz. Nays—None. Petition of Andrew D. Karigan et al requesting street lights on Loras Blvd. between 1745 and 1795, presented and read. Coun. cilman Pfohl moved that the peti- tion be referred to the City Man. ager and Electrical Inspector for investigation and report. Second- ed by Mayor Ludwig. Carried by the following vote - Yeas --Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None. Petition of Clifton Maas of 2463 Mineral Street requesting permis. sion to excavate in Mineral Street to run a new sewer line into his home, presented and read. Mayor Ludwig moved that the petition be granted subject to approval of the City Engineer. Seconded by Councilman Pregler. Carried by the following vote: Yeas --Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None. Petition of Caradco Inc. request- ing vacation of one block of Wash- ington Street between 10th & 11th Streets to accomodate the grow - int; needs of truck traffic, pre- sented and read. Councilman Pfohl moved that the petition be re- ferred to the Planning & Zoning Commission for investigation and report. Seconded by Councilman Pregler. Carried by the following vote: Yeas—Mayor Ludwig, Council- mcn McCauley, Pfohl, Pregler, Schultz. Nays—None. Petition of Leo J. Kringle re- questing vacation and possible purchase of a dead end area on Grove Terrace, north of Arling- ton Street, and is presently not open to the public, presented and read. Councilman Pregler moved that the petition be referred to the Planning & Zoning Commis- sion. Seconded by Councilman Pfohl. Carried by the following vote: Special Session, May 22, 1967 251 Yeas—Mayor Ludwig, Council' men McCauley, Pfohl, Pregler, Schultz. Nays—None. Petition of Orchard Park Inc. requesting permission to excavate in Shiras Avenue for the connec- tion of sewer and water. Council. man Pfohl moved that the petition be granted. Seconded by Mayor Ludwig. Carried by the following vote: Yeas—Mayor Ludwig, Council. men McCauley, Pfohl, Pregler, Schultz. Nays—None. Petition of John B. Burgmaier requesting a refund of $125, on the unexpired portion of Liquor License #c-2694, as he has discon. tinued business on April 29, 1967, Presented and read. Mayor Ludwig moved that the refund be granted and the Auditor instructed to is. sue proper warrant. Seconded by Councilman Pregler. Carried by th following vote: Yeas—Mayor Ludwig, Council. men McCauley, Pfohl, Pregler, Schultz. Nays—None. Petition of James N. Clark et al requesting relief of a serious storm sewer and drainage problem to the rear of Lot 3 in Forest View off Victoria Place and Diane Court, presented and read. Mayor Ludwig moved that the petition be referred to the Manager and Engineering Department. Second- ed by Councilman Pregler. Carried by the following vote: Yeas—Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None. Petition of Dubuque Chapter of the National Multiple Sclerosis Society requesting that the Mayor declare "Conquer Multiple Scle- rosis Month" from May 14th to June 18th, 1967, presented and read. Councilman Pfohl moved that the petition be referred to the Mayor. Seconded by Council- man McCauley. Carried by the following vote: Yeas—Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nay.S—None. RESOLUTION NO. 13667 RESOLUTION Approving Plat Of Lot 1 of Power's Place A— WHEREAS there has been filed with the City Clerk a plat in which Subdivision of Lot 1 of Powers Place in the City of Dubuque, Iowa is platted as Lot 2 of 1 of Power's Place in the City of Dubuque, Dubuque County, Iowa. and, WHEREAS said plat has been examined by the City Council and they find the same conforms to the Statutes and Ordinances re- lating thereto; NOW, THEREFORE, BE IT RE. SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section I. That the above de• scribed plat be and the some is hereby approved and the Mayor and Clerk be and they are hereby authorized and directed to endorse the approval of the City upon said plat. Passed, adopted and approved this 22nd day of May A.D., 1967. Richard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adoption of the resolution. Second- ed by Councilman Pfohl. Carried by the following vote: Yeas—Mayor Ludwig, Council. men McCauley, Pfohl, Pregler, Schultz. Nays—None. Proofs of Publication, certified to by the Publishers, of Notice of levy of special assessments and intention of the City Council to issue bonds for construction of an eight Inch (811) sanitary sewer from the Catfish Creek Sewer southerly to Kelly Lane then east and west in Kelly Lane with the westerly end at the E.P.L. Fremont Avenue and the easterly end at Lot 1-10, Block 1 of Henschel's Highlands Subdivision, presented and read. Councilman Pfohl moved that the proofs of publication be re- ceived and filed. Seconded by 280 Special Session, May 22, 1961 Councilman Pregler. Carried by the following vote: Yeas—Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None. Statement of City Clerk certify- ing that notices of levy and as- sessment were mailed by certified mail on April 18, 1967, to prop- erty owners of record, who would be subject to pay for cost of constructing an 8" sanitary sewer in Kelly Lane, presented and read. Councilman Pregler moved that the statement be received and filed. Seconded by Councilman Pfohl. Carried by the following vote: Yeas—Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None. Statement of John Runde, a member of the Engineering De- partment, certifying that he posted notices of levy and assessment in the area where the Kelly Lane sewer was constructed on May 9, 1967, presented and read. Mayor Ludwig moved that the statement be received and filed. Seconded by Councilman Pfohl. Carried by the following vote: Yeas—Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None. RESOLUTION NO. 137.67 SCHEDULE OF ASSESSMENT KELLY LANE SEWER RESOLVED by the City Council of the City of Dubuque, Iowa: That to pay for construction of an eight inch (8") sanitary sewer from the Catfish Creek southerly to Kelly Lane then east and west in Kelly Lane with the westerly end at the E.P.L. Fremont Avenue and the easterly end of Lot 1-10 Block 1 of Henschel's Highlands Sub- division, by George A. Saffran Con- tractor, in front of and adjoining the same, a special tax is hereby levied on the several lots and parts of lots, and parcels of real estate all as named, situated and owned, and for the several amounts set opposite each lot or parcel of real estate, as set forth in the following schedule: Construction Cost................................................................................$29,542.00 CityShare.............................................................................................. 1,737.00 27,805.00 Engineering Cost................................................................................ 3,941.80 5% Interest 52 Days............................................................................ 200.81 Total Assessable Cost........................................................................$31,947.61 FOR KELLY LANE SANITARY SEWER Virgil L. & Dorothy P. Phillips, Lot 2-1-1, McLean Heights ........$ 319.27 Virgil L. & Dorothy P. Phillips, Lot 2-2-2-2, McLean Heights ........ 475.31 Martin C. & Esther H. Westerfield, Lot 1-2-2.2, McLean Heights 475.31 James E. & Norma G. Jackson, Lot 1-2-2, McLean Heights ........ 475.31 Ralph B. & Virginia Kramer, Lot 2-24.2, McLean Heights ........ 475.31 Raymond C. & Dolores J. Ryan, Lot 1-2-1-2, McLean Heights ........ 475.31 William G. & Christine M. Fullmer, Lot 2-1-1-2, McLean Heights 475.31 Charles R. & Gloria M. Skemp, Lot 1, Skemp Subdivision ........ 522.85 Charles R. & Gloria M. Skemp, Lot 2, S;cemp Subdivision ............ 404.02 Helen F. & Mildred Loibl, Lot 3, Skemp Subdivision ................ 404.02 Richard J. & Fannie M. Miller, Lot 2, Parkland Ridge Sub. Blk. 1................................................................................................ 408.77 James C. Hynes, Lot 3, Parkland Ridg(! Sub. Blk. 1 .................... 408.77 Gerald H. & Mary B. Haugen, Lot 4, Parkland Ridge Sub. Blk. 1 408.77 John Duggan Trustee, Lot 1, Parkland Ridge Sub. Blk. 2 ............ 475.31 John Duggan Trustee, Lot 2, Parkland Ridge Sub. Blk. 2 ............ 430.59 John Duggan Trustee, Lot 3, Parkland Ridge Sub. Blk. 2 ............ 438.62 John Duggan Trustee, Lot 4, Parkland Ridge Sub. Blk. 2 ............ 432.58 John Duggan Trustee, Lot 5, Parkland Ridge Sub. Blk. 2 ............ 451.55 John E. & Susan L. Jackson, Lot 2-1.1-1, M. L. 116 & 117 ........ 831.80 William T. & Lorraine B. Oster, Lot 2-1, M. L. 116 & 117 ............ 831.80 Charles E. & Alice M. Reidi, Lot 1.2-1-1, M. L. llti & 117 ............ 688.07 Donald J. & Thelma Weldenbacher, Lot 2-2-1.1, M. L. 116 & 117 737.88 Henry C. Arnold, Lot 1, Henschel's Highlands, Subdivision Blk. 1 454.12 Special Session, May 22, 1967 261 Cyril L. & Carol L. Hanten, Lot 3, Henschel's Highlands Sub. divisionBlock 1............................................................................ 389.76 Cyril L. & Carol L. Hanten, Lot 3, Henschel's Highlands Sub. division Block 1................................ ..... 389.76 ....................................... Cyril L. & Richard O. Hanten, Lot 4, Henschel's Highlands, Sub. division Block 1....................................................... 389.76 ................. . Arthur B. & Virginia R. Alspach, Lot 5, Henschel's Highlands, SubdivisionBlock 1.................................................................... 389.76 Arthur B. & Virginia R. Alspach, Lot 6, Henschel's Highlands, Subdivision Block 1.................................................................... 388.90 Richard C. Henschel, Lot 7, Henschel's Highlands, Subdivision Block1............................................................................................ 989.78 Gilbert D. & Marjorie T. Chavenelle, Lot 1-8, Henschel's High- lands, Subdivision Block 1 ........................................................ 389.76 Gilbert D. & Marjorie T. Chavenelle, Lot 2.8, Henschel's High. lands, Subdivision Block 1............................................................ 54,28 Gilbert D. & Marjorie T. Chavenelle, Lot 9, Henschel's High- lands, Subdivision Block 1........................................................ 522.85 Donald & Theresa Roepsch, Lot 2-1, Mineral Lot 118 ...................... 950.63 Gerald P. & Ruth Ann E. Burger, Lot 1, Peterson Place ................ 1,130.54 James B. & Romelda Westmark, Lot 2-1-1-1-2, Mineral Lot 118 .... 380.25 James B. & Romelda Westmark, Lot 2-2.1-1.2, Peterson Place .... 511.44 Henry & Mary Weber, Lot 2-1-2-1-1-2, Peterson Place .................... 511.44 Frederick & Beverly A. Tippe, Lot 1.1-2-1-1.2, Peterson Place .... 475.31 Donald J. & June M. Wagner, Lot 2-1-2, Peterson Place ................ 475.31 John P. & Goldena R. Pregler, Lot 1-1.1-2.2, Peterson Place ........ 475.31 Donald G. Schuster, Lot 2-1-1-2.2, Peterson Place ........................ 475.31 Robert R. Schuster, Lot 2-1-2-2, Peterson Place ............................ 475.31 Arnold A. & Elsie K. Beresford, Lot 1-2-2-2, Peterson Place ........ 475.31 Carl J. & Lois Mary Feyen, Lot 2-2-2-2, Peterson Place ................ 475.31 John Duggan Trustee, Lot 1.1-2-1, Duggan Farm ............................ 3,247.74 Margaret Birch, Lot 1-1.1-1, M. L. 116 & 117................................ 2,603.31 Margaret Birch, Lot 1, Mineral Lot 122............................................ 3,624.28 Leo A. & Alice E. Booth, Lot 2.1-2-1, Duggan Farm .................... 855.57 $31,947.61 All of which is assessed in proportion to the special benefits con- ferred. Passed, adopted and approved pose of paying the cost of an 8" this 22nd day of May 1967. sanitary sewer in Kelly Lane, pre- Richard Ludwig sented and read. Councilman Pfohl Mayor moved that the proofs of publica- M. Sylvester McCauley tion be received and filed. Second- Merlin F. Schultz ed by Councilman Pregler. Carried Eldon A. Pfohl by the following vote: Walter A. Pregler Yeas — Mayor Ludwig, Council- Councilmen men McCauley, Pfohl, Pregler, Attest: Schultz. Leo F. Frommelt, Nays — None. City Clerk RESOLUTION NO. 13667 Councilman Pregler moved adop- Resolution providing for the is- tion of the resolution. Seconded suance of Sewer bonds for the pur- by Mayor Ludwig. Carried by the pose of providing for the pay- following vote: ment of the assessed cost of con- Yeas — Mayor Ludwig, Council- strutting an eight inch (8") San- men McCauley, Pfohl, Pregler, itary Sewer from the Catfish Creek Schultz. Sanitary Sewer southerly to Kelly Nays — None. Lane then east and west in Kelly Proofs of Publication, certified Lane with the westerly end of the to by the Publishers, of notice of E.P.L. Fremont Avenue and the Public hearing to authorize the is- easterly end at Lot 1-10, Block 1 suance of sewer bonds in the of Henschel's Highland Subdivi- amount of $31,947.61 for the pur• sion. 262 Special Session, May 22, 1967 Whereas the contract heretofore entered into by the City of Du. buque, Iowa, for the Sewer here- inafter described has been com- pleted and the City Manager has certified the completion thereof to the City Council and the City Council has ascertained the cost thereof and has determined that $31,947.61 Dollars of the cost there- of shall be assessed against the property subject to assessment therefor; and Whereas public notice, as pro- vided by law, has been published by the City Clerk stating the inten- tion of the City Council to issue bonds for the purpose of provid- ing for the payment of the assessed cost of said improvement and a public hearing has been held, pur- suant to such notice and all objec- tions made thereto have been con. sidered and determined; NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque: 1. That to provide for the pay- ment of the assessed cost of con- structing an eight inch (8") San- itary Sewer from the Catfish Creek Sanitary Sewer southerly to Kel- ly Lane then east and west in Kelly Lane with the westerly end at the E.P.L. Fremont Avenue and the easterly end at Lot 1-10, Block 1 of Henschel's Highland Subdivi- sion, there shall be issued Sewer bonds in the amount of $31,947.61 Dollars in anticipation of the defer- red payment of assessments levied for such improvement. 2. Such bonds shall be called Sewer bonds; and shall bear the date of June 22, 1967; and shall be numbered consecutively; and they shall be numbered, divided into series, and be in such denom- inations and for such maturity dates as are shown in the fol- lowing table: Series No. 1, 821 $500.00, April 1, 1968 Series No. 2, 828 $500.00, April 1, 1969 Series No. 3, 835 $500.00, April 1, 1970 Series No. 4, 842 $500.00, April 1, 1971 Series No. 5, 848 $500.00, April 1, 1972 Series No. 6, 854 $500.00, April 1, 1973 thru 827, thru 834, thru 841, thru 847, thru 853, thru 859, Series No. 7, 860 thru 865, 5500.00, April 1, 1974 Series No. 8, 866 thru 871, $500.00, April 1, 1975 Series No. 9, 872 thru 877, $500.00, April 1, 1976 Series No. 10, 878 thru 883, $500.00, April 1, 1977 Series No. 10, 884, $447.61, April 1, 1977. 3. Said bonds shall bear interest at the rate of 5 per cent per an- num, payable semi-annually in ac- cordance with coupons thereto at- tached: 4. Said bonds shall not make the City of Dubuque liable in any way, except for the application of said special assessment funds. 5. Said bonds shall provide that they may be payable at any time prior to the maturity date stated therein at the option of the City of Dubuque and shall be in substan- tially the following form: No................................. Series No . ................................ CITY OF DUBUQUE Sewer Bond The City of Dubuque in the State of Iowa promises to pay as hereinafter mentioned to the bearer hereof on the first day of April 1968 or any time before that date at the option of the City of Dubuque the sum of Five Hundred dollars with interest thereon at the rate of 5 per cent per annum, payable semi-annually, on the pre- sentation and surrender of the interest coupons hereto attached. Both principal and interest of this bond are payable at the office of the City Treasurer in the City of Dubuque, in the State of Iowa. This bond is issued by the City of Dubuque under and by virtue of Chapter 396 of the 1962 Code of Iowa, as amended, and the Reso- lution of said City duly passed on the 22nd day of May, 1967, being Resolution No. 138-67. This Bond is one of a series of 64 bonds, 63 for $500.00 numbered from 821 thru 883, and one for $447.61 numbered 884, all of like tenor and date, and issued for the purpose of constructing an eight inch (8") Sanitary Sewer from the Catfish Creek Sanitary Sewer southerly to Kelly Lane then east and west in Kelly Lane with the westerly end at the E.P.L. Fremont Special Session, May 22, 1W, 263 Avenue and the easterly end at. Lot 1-10, Block 1 of Henschel's Highland Subdivision as described in said Resolution, in said City, which cost is payable by the abut- ting and adjacent property along said improvements and is made by law a lien on all of said property. It is payable only out of the Spec- ial Assessment Fund Number 1264 created by the collection of said special tax, and said fund can be used for no other purpose. It is hereby certified and re- cited that all the acts, conditions and things required to be done, precedent to and in issuing this series of bonds, have been done, happened, and performed, in regu. lar and due form, as required by law and said Resolution, and for the assessment, collection and pay- ment hereon of said special tax, the full faith and diligence of said City of Dubuque are hereby ir- revocably pledged. IN TESTIMONY WHEREOF the City of Dubuque by its Council has caused this bond to be signed by its Mayor and countersigned by its City Clerk and the Seal of said City to be thereto affixed, this 22nd day of June, 1967. (SEAL) ........................................... Mayor ........................................................ City Clerk (Form of Coupon) On the ............ day of .................... the City of Dubuque, Iowa, prom- ises to pay to the bearer, as pro- vided in said bond, the sum of Dollars, in the of- fice of the City Treasurer in the City of Dubuque, being ................ months' interest due that date on its................................Bond No. ........ dated............................................. ....................................................... Mayor ........................................ I............... City Clerk 6. That the Mayor and City Clerk be and they are hereby instructed to cause said bonds to be prepared and when so prepared to execute said bonds and that the City Clerk be and he is hereby instructed to register said bonds in a book kept for that purpose and to then de- liver them to the City Treasurer. 7. That the City Treasurer is hereby instructed to sell said bonds in the manner provided by law, the proceeds of said sale to be placed in a special fund to be known as Special Assessment Fund Number 1264 and paid out by him to pay the cost of said contract. 8. That the interest coupons at- tached to the bonds be signed with the facsimile signature of the May or and countersigned with the fac• simile signature of the City Clerk. 9. That as fast as funds allow, beginning with the second year after the payment of interest due, the City Treasurer is directed to call these bonds in the same order as numbered. 10. Notice of election to call these bonds shall be given by regular United States Mail; and addressed to the last known ad- dress of the purchaser. Passed, adopted and approved this 22nd day of May, 1967. Richard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler Councilmen Attest: Leo F. Frommelt, City Clerk Mayor Ludwig moved adoption of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None. RESOLUTION NO. 13967 WHEREAS, For years it has been apparent that Iowa's towns and cities of all sizes have been fighting a losing battle to main- tain their street programs despite the fact that the average city tax- payer has paid the equivalent of more than 19 mills for street pur- poses; and WHEREAS, It has been recog- nized by all professional and legis- lative road studies since 1961 that the urban share of the state road use tax should be at least 15 per cent, instead of the 13 per cent the towns and cities are current- ly receiving, and WHEREAS, A bill, Senate File 696, has been introduced to give the cities this modest increase to "The Fair Fifteen" percent, and 264 Special Session, May a 1967 WHEREAS, Figuring a 4% per cent growth factor in the road use tax fund, every single county in the state will show a dollar and cent increase in 1968 over the cur- rent allotment, despite the change in formula; and WHEREAS, The average town taxpayer who pays in the over- whelming bulk of the road user taxes, receives a refund of $9.21 per capita from the road use tax fund while the rural resident re- ceives $62.91; and WHEREAS, This ratio of distri- bution of the road use tax funds is grossly inequitable and pre- judicial to the progress and eco- nomic growth of Iowa; NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA That the 62nd General Assembly be urged to enact Senate File 696. providing for a "Fair Fifteen" per cent share of the state road money for cities and towns. BE IT FURTHER RESOLVED that the (secretary, clerk) be and he is hereby directed to forward a copy of this Resolution to State Senator(s) Andrew Frommelt, John Walsh and Representative(s) John Duffy and Alfred Breitbach with the request that their full support be given to Senate File 696. Richard Ludwig, Mayor Adopted May 22, 1967 Approved May 22, 1967 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 Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays — None. RESOLUTION NO. 14067 BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the following having complied with the provisions of law relating to the sale of Cigar- ettes within the City of Dubuque, Iowa, be granted a permit to sell Cigarettes and Cigarette Papers within said City. Frank & Darlene Kelly, Loras & Central Avenue BE IT FURTHER RESOLVED that the bonds filed with the appli- cation be approved. Passed, adopted and approved this 22nd day of May, 1967. Richard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler Councilmen Attest: Leo F. Frommelt, City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman McCauley. Carried by the following vote: Yeas — Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None. RESOLUTION NO. 141-67 WHEREAS, applications for Beer Permits have been submitted to this Council for approval and the same have been examined: NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the following applica- tions be granted and licenses be issued upon the compliance with the terms of the ordinances of the City. CLASS "B" BEER PERMIT PRIVATE CLUB Knights of Columbus, 781 Locust Street CLASS "B" BEER PERMIT John J. Glynn, 655 Central Avenue Paul W. Schollmeyer, 176 Locust Street Passed, adopted and approved this 22nd day of May, 1967. Richard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler 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 Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays — None. Special Session, May 22, 1967 265 RESOLUTION NO. 14267 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 applications were inspected and found to comply with the ordinances of this City and they have filed proper bonds: NOW THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the Manager be and he is hereby di- rected to issue to the following named applicants a Beer Permit. CLASS "B" BEER PERMIT PRIVATE CLUB Knights of Columbus, 781 Locust Street CLASS "B" BEER PERMIT John J. Glynn, 655 Central Avenue Paul W. Schollmeyer, 176 Locust 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 22nd day of May, 1967. Richard Ludwig Mayor C M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler Councilmen Attest: Leo F. Frommelt, City Clerk Mayor Ludwig moved adoption of the resolution. Seconded by Councilman Pfohl. Carried by the following vote: Yeas — Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays — None. Mayor Ludwig moved that the City employ extra legal advice as the result of the declaratory judg. ment on Urban Renewal. Seconded by Councilman McCauley. Carried by the following vote: Yeas — Mayor Ludwig, Council. men McCauley, Pregler. Nays — Councilmen P f o h 1, Schultz. There being no further business Councilman Pregler moved to ad. journ. Seconded by Councilman Pfohl. Carried by the following vote: Yeas — Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays — None. Leo F. Frommelt, City Clerk ApprovedAugust .............. .................1967. Adopted .......... ues t....7...1987. i � � � . � � ► ate, Attes . '.......................... City Clerk Regular Session, June 5, 1967 267 CITY COUNCIL OFFICIAL Regular Session, June S, 1967. Council met at 7:30 P.M. (D.S.T.) Present — Mayor Ludwig, Councilmen McCauley, Pfohl, Pregler. City Manager Gilbert D. Chav- enelle. Absent — Councilman Schultz Mayor Ludwig read the call and stated that service thereof had been duly made and this meeting is the regular monthly meeting of the City Council called for the pur- pose of acting upon such business as may properly come before the meeting. To the Honorable Mayor and City Council of the City of Dubuque, Iowa: Since the hearing last month upon the then pending application of Dubuque TV -FM Cable Compa- ny for rate increase and the de- nial thereof at that time, certain developments have occurred which compel the Company to file this application for such increase. At the time of hearing upon the for- mer application, Council members indicate that further financial in- formation was desired as to the Company's rate of return on its investment, and further time to consider such information which was then before the Council. It was further indicated that final consideration of rates should be deferred until such time as the service furnished by the Company was expanded by the actual addi- tion of channels involved in FCC litigation. Those channels were: WHBF, Rock Island, on Chan- nel 4; WQAD, Moline, on Channel 8; WREX, Rockford, on Channel 13; and WHA, Madison, on Channel 12. The FCC has now approved the additional channels for Dubuque cable service, and they will com- mence operation Sunday, January 22, 1967. Eleven of twelve avail- able channels will then be in use. The Company's project to create a local public service facility on 1 the only remaining channel has now progressed to the point that bids can be let and actual con. struction begun. The rebuilding of the WGN Channel 5, microwave link is progressing. The Company has earnestly en. deavored to make available to the Council whatever financial data it feels necessary to a proper deci- sion upon rates. Under Sec. 23 of Ordinance 25.63, it has turned over all of its financial records for examination, so that this Council may discharge its duty under Sec. 9 of that Ordinance which Pro- vides: "Rates charged by the Company for service hereunder shall be fair and reasonable and designed to meet all necessary costs of service, including a fair rate of return on net valuation of its properties de- voted thereto under efficient and economic management." Because the existing rates do not meet that schedule, on the basis of the increased capital investment of the Company, together with the increased costs it has incurred by improvements and expansion of its service to its customers, appli- cation is hereby made for a rate increase of fifty cents (50f) per month over the rates now in effect to all subscribers, such increase to be effective March 1, 1967. Respectfully submitted, DUBUQUE TV -FM CABLE COMPANY, By Robert L. Loos Its General Manager Councilman Pregler moved sus- pension of the rules to allow any- one present to address the Coun- cil if they so desire. Seconded by Mayor Ludwig. Carried by the fol- lowing vote: Yeas — Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler. Nays—None. Absent—Councilman Schultz. Mr. Robert L. Loos addressed the Council by stating the local TV system now has ten off -air chan. nels and a weather channel. Ser- vice complaints have been reduced and the whole system is now in a position to give the citizens the finest in television. Mr. Davis, the TV representative from California and Treasurer of the Company stated that the cost increase is .SSS Reglihir Session, June 5. 1967 like any other business and made quite a plea for an increase in rates. Presently the company real- izes 9.6% on property and 13.6% on sales. Mr. Eugene C. Lang, the utilities consultant hired by the City, stated that operating costs should include interest charges. At- torney Hal Reynolds asked what is the duty of the Council. The Coun- cil should follow the recommenda- tion of the consultant, who stated that a rate increase in monthly charges as requested be approved. The Council also has a duty both to the public and applicant. Coun- cilman Pregler moved that an increase in the subscription rate to TV Cable Company of 259 across the board to all subscribers be granted. Seconded by Councilman Pfohl. Carried by the following vote: Yeas — Mayor Ludwig, Council- men McCauley, Pfuhl, Pregler. Nays—None. Absent—Councilman Schultz. Mayor Ludwig further moved that the effective date on TV in- crease be July 1, 1967. Seconded by Councilman Pregler. Carried by the following vote: Yeas—Mayor Ludwig, Council- men McCauley, Pfohl, Pregler. Absent --Councilman Schultz. Communication of Iowa State University advising of the avail- ability to secure advisory service to incorporate more tornado and radio active fallout shelter pro- tection in the contsruction of new buildings, presented and read. Ma- yor Ludwig moved that the com- munication be referred to the City Manager and Civil Defense Di- rector. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Ludwig, Coun. cilmen McCauley, Pfohl, Pregler Nays—None. Absent—Councilman Schultz. Communication of Joe P. Miller of 219"z Central Ave. objecting to the unsanitary conditions in the yard area to the rear of the tavern near the same address, presented and read. After assurance was giv- en that the owner of the premises has been notified and the com- plaint is being handled by the proper city department Mayor Lud- wig moved that the communication )e received and filed. Seconded by 'ouncilman Pfohl. Carried by the following vote: Yeas — Mayor Ludwiig Coun- ,ilmen McCauley. Pfohl, Pregler. Nays—None. Absent --.Councilman Schultz. Communication of Sam Pusateri A 2425 Green Street, objecting to the ineffectiveness of the dog or. dinance and the inefficiency of the dog warden to pick up a St. Ber- nard dog that has been roaming the neighborhood for some time, presented and read. Mr. Pusateri addressed the Council objecting to owners letting their dogs run at large. With the advent of school vacation roaming dogs will harass more and more children. Mr. Pusa- teri was assured that everything possible is being done to enforce the Ordinance. Mayor Ludwig moved that the communication be received and filed. Seconded by Councilman Mc- Cauley. Carried by the following vote: Yeas — Mayor Ludwig. Coun- cilmen McCauley, Pfohl, Pregler. Nays—None. Absent—Councilman Schultz. June 1, 1967 To The Honorable Mayor and City Council Gentlemen: The following is a list of streets which all or part of do not have sidewalks along them. For differ- ent reasons which are listed below, these streets have been put on this list and should have sidewalks con- structed along them. Street Reason why street is on program Apple—Requested because of route to school Auburn — Requested because of route to school Crissy Drive—To complete side- walk along street Eagle—Route to school Emerson—Requested Esther—Requested Hamilton—Requested Karen — To complete sidewalks along street Mullen Road—To complete side- walks along street Oakerest Drive—To complete side- walks along street Primrose—To complete sidewalks along street Regular Session, June 5, 1987 269 Saunders—Route to school St. Anne's Dr. — To complete sidewalks along street Theisen — Requested to complete sidewalks along street Tressa — Requested to complete sidewalks along street Viola—Route to school I respectfully request that your honorable body approves this list so that notices can be sent to these property owners requesting that they have sidewalks construct- ed along their property by April 30, 1968. Sincerely, John L. White City Engineer Councilman Pregler moved ap- proval of the Engineer's recom- mendation and request. Seconded by Councilman McCauley. Carried by the following vote: Yeas — Mayor Ludwig, Council. men McCauley, Pfohl, Pregler. Nays—None. Absent—Councilman Schultz. June 2, 1967 To the Honorable Mayor and City Council Gentlemen: I submit to you the report of the Peoples Natural Gas Division. Respectfully, Gilbert D. Chavenelle, City Manager Councilman McCauley moved that the report be received and filed. Seconded by Councilman Pfohl. Carried by the following vote: Yeas — Mayor Ludwig, Council- men McCauley, Pfohl, Pregler. Nays—None. Absent—Councilman Schultz. June 2, 1967 To the Honorable Mayor and City Council Gentlemen: I am returning to you the peti- tion of Mr. and Mrs. Karigan for a street light in the area of 1745 Loras. The area has been investigated and it is recommended that a 175 watt mercury vapor light be In- stalled on Loras between Atlantic and Auburn Streets. Respectfully requested, Gilbert D. Chavenelle, City Manager Mayor Ludwig moved that the recommendation of the City Man- ager be approved. Seconded by Councilman Pregler. Carried by the following vote: Yeas—Mayor Ludwig, Council. men McCauley, Pfohl, Pregler. Nays—None. Absent — Councilman Schultz. June 2, 1967 To the Honorable Mayor and City Council Gentlemen: I am returning to you the peti- tion for street lights on Brueek Road. The area has been investigated and it is recommended that a 175 watt mercury vapor light be in- stalled at the intersection of Blas - en and Brueck and a second light at 2829 Brueek. Respectfully requested, Gilbert D. Chavenelle City Manager Mayor Ludwig moved that the recommendation of the City Man- ager be approved. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Ludwig, Council- men McCauley, Kohl, Pregler. Nays—None. Absent—Councilman Schultz. June 5, 1967 To the Honorable Mayor and City Council, Gentlemen: This is to advise that I have ap- proved the following policy and bonds and desire to have your ap- proval on same. COMPREHENSIVE LIABILITY Fondell & Sons, Inc., Bituminous Casualty Corporation SIDEWALK James Hennessy, Iowa Surety Com- pany Hillcrest Builders, Inc., Hawkeye- Security Insurance Company David Schreiber, Merchants Mutual Bonding Company Respectfully, Gilbert D. Chavenelle, City Manager Councilman Pfohl movedof al for filing subject to approval the City Attorney. Seconded by Councilman McCauley. Carried by the following vote: Yeas — Mayor Ludwig, Coun cilmen McCauley, Pfohl, Pregler. Nays—None. Absent ---Councilman Schultz. 270 llegular Session, June 5, 1967 May 29, 1967 To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen: During the past year several complaints have been received re- garding the condition of a building located at 280 Main Street owned by L. Ming and Marilyn Wong. I directed the Building Depart- ment to make an inspection of this building. On January 5, 1966 an inspec- tion was made of this building and on January 7, 1966 a letter was given to Mr. Ming stating the con- ditions that were present and giv- ing notice that steps should be ta- ken to correct the dangerous con- ditions. January 7, 1967 L. Ming Marilyn Wong Onxy Restaurant 280 Main Street Dubuque, Iowa Dear Madam and Sir: On January 5, 1966, an inspec- tion was made of the exterior of your building located at 280 Main Street on South 22' of City Lot 8. The inspection was made be- cause of several contractors and citizens calling our attention to what they deemed a dangerous con- dition. The south wall on the Main Street side appears to be in danger of collapse. The original failure began many years ago. At that time, channels were cut in the front fifteen foot of the south wall and wall ties inserted with stars on the front of the building. The channels were re -bricked and the brick section is very visible. Since that time, the bottom five or six courses of brick at the foun- dation line have deteriorated. An area about sixty foot in length is almost entirely unsupported on the rock foundation. Complete sections about six foot in length are miss. ing and you can see almost through the wall. This has caused the wall to fail again. 'There are about five or six vertical cracks in the first fifteen feet of this wall above the founda- tion and they extend to about twen- ty feet above the foundation. These cracks show new failures, the mortar is popping out, and the increased separation is clearly vis- ible. The front on the first floor is mostly glass. The front wall is sup- ported on an iron beam which rests on columns on the north and south corners of the building. This is the area that is in danger of letting go which would allow the whole front of this four story building tt, fall. The building on the alley side is five stories high. There is a base- ment and a sub -basement. The rear wall is very much in need of re- pair. Window glass is missing in the upper floors. We believe this building is dan- gerous to the occupants and the general public and I hereby notify you to engage the services of a competent engineer or architect and as soon as possible to correct this condition. Donald J. Bandy, Building Commissioner Mr. Ming questioned the report and said he had several contractors and engineers examine the build. ing, who said it was not dangerous. Mr. Ming would not identify these people. The Building Commissioner talk. ed to me about this building and requested permission to hire an engineer to inspect the building and present a written report. Mr. Donald P. McGinn did in. spect this building and on January 30, 1967 presented a written re- port which substantiated the report of the Building Commissioner. MR. DONALD J. BANDY, Dubuque Building Commissioner Dubuque City Hall 13th and Central Avenue Dubuque, Iowa 52001 RE: Onyx Restaurant Building 280 Main Street Dubuque, Iowa 52001 Dear Mr. Bandy: I have inspected the structure at 280 Main Street, as you requested, and I have made the following ob- servations. The structure is essentially as You have described it in your letter of January 7, 1967 to Mr. L. Ming and Marilyn Wong. The Building has a definite lean to the south. We measured the width of the interior of the build - 1 i i RMilar Session, June 5, 1987 271 Ing and found it to be approxi. mately 20 feet. We found the north edge of the main floor to be approximately 5 inches higher than the south edge of the main floor. This slope is also noticeable in the ceiling and by measurement we determined that it is practically equal to the slope of the floor. Complete access to the upper floor was denied, but from our observa- tions this out�of level condition exists throughout the building. From the exterior, using a trans- it, we determined that the south wall of the building leans south- ward at its top by at least 6 in- ches, and we determined that the west wall of the building is bulging westward near the second floor level. On the west evelation, we also observed that the joint be- tween this building and the build- ing immediately north of it is no- ticeable more open toward the top of the building than it is near the sidewalk. It appears that the entire building has shifted to the south. We were not able to deter- mine the cause of this shift. It could be due to any number of factors, but generally I would at- tribute it to settlement of the south foundation. We observed cracks in the south wall of the building especially near the west face which indicated to us a long history of movement. Our observations also indicated that the movement is continuing today. Examination of the south wall of the building near the main floor line indicated serious deter- ioration of the brick work where it joins the stone foundation. The effective bearing area of the main brick bearing wall has been re- duced substantially by the deter- ioration. This is a serious con- dition. The stone foundation is in rea- sonable condition, but it is being subjected to deteriorating frost action in its present condition. Water falls between the building's foundations and the foundation of a building which had been located to the south of it. This water freez- es and experts pressure against both foundation walls. The founds. tion wall to the south of the sub. ject building is being pushed far- ther south. No specific movement was observed in the subject build- ing's foundation. Inspection of the interior of the foundation showed little deteriora. tion inside the building at the basement level. Solid masonry and sound joists were generally observ- ed. There is an area near the southwest corner of the building which had eroded and it appears that some settlement could have occured there. It is possible that this is a significant cause of many of the cracks that have developed in the exterior of the building on the south and west elevations. The sidewalk in front of this building is made of stone slabs supported by structural steel. The structural steel is extremely deter- iorated. The safety of this sidewalk is questionable. The east face of this building has many windows and many criti- cal structural cracks. This wall ap- pears extremely fragile. A wall of this nature will probably stand as long as no external force is ap- plied against it. In summary there are five serious structural condi- tions which made this building un- safe at the present time. 1. The tendency of the west wall of the building to bulge outward at the second floor line. 2. The tendency of the south wall of the building to lean outward at its top. 3. The serious deterioration of the brick work at the base of the south wall. 4. The active cracks in the south wall of the building. 5. The static cracks in the three ex- posed walls of this building. It is my opinion that the first four of these structural conditions demand immediate attention. I be- lieve that the continued deteriora- tion of the brick work on the south wall of this building will eventual- ly cause a failure. It is impossible to predict whether or not this failure will occur before some ex- ternal force causes a sudden col- lapse. It. can be said that any change in surrounding conditions would produce a very serious ef- fect on the stability of this build- ing, Sincerely, Donald P. McGinn & Associates, Architects and Engineers January 30, 1967 DPM:mjt 272 Regular Session, June 5, 1967 On March 2, 1967 Mr. Ming was given a copy of McGinns report. Mr. Ming stated he would not do anything to the building. On March 6, 1967 a notice was given to Mr. Ming giving him thir- ty (30) days to correct these con- ditions. March 6, 1967 L. Ming Marilyn Wong Onyx Restaurant 280 Main Street Dubuque, Iowa Dear Madam and Sir: On March 2, 1967 a report on the condition of your building at 280 Main Street was given to you. The examination and report was made by Donald P. McGinn, architect and engineer. The report confirms the previ- ous inspections and report given to you in writing January 7, 1966. Said inspection and report made by the Building Department. The report of McGinns lists among other defects, five serious conditions that should be correct- ed immediately. 1. The tendency of the west wall of the building to bulge out- ward at the second floor line. 2. The tendency of the south wall of the building to lean out- ward at its top. 3. The serious deterioration of the brick work at the base of the south wall. 4. The active cracks in the south wall of the building. 5. The static cracks in the three exposed walls of this building. Therefore the Building Depart• ment hereby directs you to cause immediate action to correct the conditions present and if definite action is not taken within thirty days of the date of this communi cation further legal action will bE commenced. Respectfully, Donald J. Bandy Building Commissioner City of Dubuque, Iowa DJB:lh On April 27, 1967 I received report from the Building Commis sioner advising me of the lack o progress being made on these tic tices. After receiving this report personally inspected the exterio if this building and the premises. As a result of this inspection I wepared the following notice: NOTICE April 28, 1967 . Ming Wong darilyn Wong 1.80 Main Street Dubuque, Iowa Dear Madam and Sir: I have inspected the exterior of the building known as 280 Main Streetand located on the South 22' of City Lot 8 and find the conditions as they have been re- ported to me by the Building Com- missioner and Donald P. McGinn, architect and engineer, substan. tially correct. A copy of those reports are hereto attached and by references made a part hereof. According to City Ordinance No. 35.52, you are hereby given ten (10) days notice to correct the dangerous conditions as described in the attached reports or disman- tle the building. Yours very truly, Gilbert D. Chavenelle City Manager City of Dubuque, Iowa I hereby certify that I served the above notice on L. Ming Wong 2:35 P.M., April 28, 1967. Rudolph Vera This notice has not been com- plied with and I recommend to the City Council that the provi- sions of Ordinance No. 35.52 be enforced and that the owners of said building located at 280 Main Street situated on the South 22' of City Lot 8 be required to dis- mantle said building and clean up the premises. Respectfully submitted, Gilbert D. Chavenelle City Manager Mayor Ludwig moved that the recommendation of the City Man- ager be approved and a public hearing be held on July 3, 1967. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Ludwig,. Coun- cilmen McCauley, Pfohl, Pregler. Nays—None. Absent—Councilman Schultz. Mr. L. Ming Wong was present in the Council Chamber and City attorney R. N. Russo explained to him just what the recommendation of the City Manager meant, and Regular Session, June 5, 1967 273 also that he now has an opportun- ity to seek advice prior to the hearing set for July 3, 196',. Mr. Dale Bly of 795 Monterest objected to the unsightly condition of property located next to theirs and owned by a contractor. The property is a storage area for old lumber and broken down trucks. Mr. Robert Reiter of 580 Alta Vista objected to the unsightly con- dition of the property to the rear of their home. Mrs. Johnson ob- jected to the condition of the prop- erty occupied by Wilhelm Exca- vating Co. on the corner of Prissy and New Haven streets. Mr. Jerry Kramer of 860 Pleasant street ob- jected to the unsightly condition of the property and storage lumber yard on Columbia street. Mr. Rich- ard Upton, secrctuy for the Cham- ber of Commerce, that the code en- forcement be left up to the City staff and volunteered help from the Chamber. The Council agreed to view the properties aforemen- tioned. June 5, 1967 To the Honorable Mayor and City Council Gentlemen: At the Council meeting of May 22nd you instructed me to report on the enforcement of regulations covering the handling and storage of flammable liquids which was brought to the attention of the Council by Mr. Westerfield's let- ters of May 1st and May 22nd. I am enclosing a letter from Mr. Dunphy and Mr. Bandy, dated May 26th. This letter constitutes the report to Council. During May, the City staff in- vestigated the situation described in Mr. Westerfield's letter. On May 25th I met with the staff to review their preliminary report. On May 31st representatives of the State Fire Marshal's Office came to Du- buque for the investigation. On June 1st I met with our staff and the state representatives for a gen- eral review of the enforcement situation. On June 2nd I met with the staff, state representatives and Mr. Westerfield to discuss the at- tached letter -report. 1 have been informed by the state officers that they have in- spected all Bulk Plants handling flammable liquids in the City. They _46. will submit their report to the State Fire Marshall and he will submit a report of the findings to the City. The violations found by the City staff were reported to the owners. These will be corrected. Any ord. ers issued by the State Fire Mar- shal's office will be carried out. Respectfully submitted, Gilbert D. Chavenelle, City Manager Councilman Pregler moved that the communication of the City Manager be received and filed. Sec- onded by Mayor Ludwig. Carried by the following vote - Yeas — Mayor Ludwig, Council- men McCauley, Pfohl, Pregler. Nays—None. Absent—Councilman Schultz. Communication of Martin West- erfield of 725 Kelly Lane reciting the duties of the City Manager un- der Section 363 C.7 of the Code of Iowa as to the enforcement of laws and Ordinances of the munici- pality, requesting dismissal of the present Manager, and seeking to replace him with a new City Man- ager under instructions to straight- en out City Hall, enforce our codes and ordinances, and restore badly needed economy to our local gov- ernment, presented and read. Councilman McCauley moved that the communication be received and filed. Seconded by Mayor Ludwig. Carried by the following vote: Yeas — Mayor Ludwig, Council- men McCauley, Pfohl. Nays — Councilman Pregler. Absent — Councilman Schultz. Mr. Martin Westerfield address. ed the Council by stating that the Planning & Zoning and the Board of Adjustment has no authority to adjust conditions contrary to State Law and requirement, more partic- ularly as to regulations of gasoline service stations and bulk plants. June 5, 1967 To the Honorable Mayor and City Council Gentlemen: We have received a petition for street lights in Sunset Park Sub- division No. 2, Section 3. The area has been investigated and it is recommended that ped. estal type, 175 watt mercury vapor lights be installed at the follow• ing locations: 274 Regular Session, June 5, 1987 1. Between Lots 5 and 6, Block 6 on Graham Circle 2. St. Celia north turn around be- tween Lots 11 and 12, Block 6 3. Graham Circle, and St. Celia between Lots 14 and 15, Block 6 4. Southeast corner of intersection of St. Celia and Lisa Court 5. Lisa Court turn around between Lots 40 and 41 6. St. Celia between Lots 26 and 25, Block 6 7. St. Celia between Lots 28 and 29, Block 5 8.Intersection of St. Celia and West Way, northwest corner 9. St. Celia between Lots 29 and 30, Block 4 10. Intersection of Graham Circle and St. Celia, between Lots 8 and 9, Block 8 11.Intersection of St. Celia and Hillcrest, northwest corner. Respectfully requested, Gilbert D. Chavenelle, City Manager Councilman Pregler moved that the recommendation be approved. Seconded by Councilman Pfohl. Carried by the following vote: Yeas — Mayor Ludwig, Council- men McCauley, Pfohl, Pregler. Nays — None. Absent — Councilman Schultz. COUNCIL RECESSED AT 10:40 P.M. RECONVENED AT 10:48 P.M. Notice of claim of Mrs. Ed. Kriebs of 650 English Lane, sub- mitting a plumber's invoice in the amount of $14.00, covering ex- pense incurred as the result of a backed -up sewer on May 16, 1967, presented and read. Councilman Pregler moved that the notice of claim be referred to the City Solicitor for investigation and report. Seconded by Council- man Pfohl. Carried by the follow- ing vote: Yeas — Mayor Ludwig, Council- men McCauley, Pfohl, Pregler. Nays—None. Absent — Councilman Schultz. June 5, 1967 Honorable Mayor and City Council Gentlemen: On Feptember 15, 1964, original notice of suit by Mark David Mihm, a minor by Bernard W. Mihm, as his next friend and Bernard W. Mihm, father of said Mark David Mihm, a minor, plaintiffs vs. City of Dubuque, Iowa, defendant, to- gether with petition attached was served on the City of Dubuque, Iowa, and thereafter said original notice and petition was referred to the City Attorney. Said petition made claim for the sum of $2,500.00 representing $2,000.00 claimed damaged injur- ies to said minor child and $500.00 for damages suffered by the father. 1 have made an investigation of this matter and have resisted said action on behalf of the City and plaintiff's petition alleges that the said minor child on the 16th day of June 1964 suffered personal in- juries as a result of falling on an allegedly defective sidewalk at or near 1972 Ellis Street in the City of Dubuque, Iowa, and I have made an investigation of this mat- ter and have conferred with plain- tiffs' attorney who has made an offer of settlement in the amount of $211.00. It is the recommenda- tion of the City Attorney that said offer of settlement be accepted and the City Auditor be instructed to draw a warrant payable to Bern- ard W. Mihm and Florence J. Mihm individually and as natural parents of Mark David Mihm, a minor child, and to transmit said war- rant to the City Attorney for deliv- ery upon receipt of a duly execut- ed release and filing of dismissal of said cause with prejudice. Original claim is hereto attach- ed. Respectfully submitted, R. N. Russo, City Attorney Councilman Pregler moved ap- proval of the recommendation. Sec- onded by Councilman Pfohl. Car- ried by the following vote: Yeas — Mayor Ludwig, Council- men McCauley, Pfohl, Pregler. Nays—None. Absent — Councilman Schultz. Petition of Dubuque Theatre Corporation requesting permission to conduct a fireworks display on July 4, 1967 on the J. F. Kennedy Road, presented and read. Mayor Ludwig moved that the petition be granted subject to approval of the Fire Chief. Seconded by Coun- cilman Pregler. Carried by the fol- lowing vote: Yeas — Mayor Ludwig, Council- men McCauley, Pfohl, Pregler. Nays—None. Absent — Councilman Schultz. Regular Session, June 5, 1961 275 Petition of American Legion re- questing permission to hold a par- ade on Saturday July 1, 1967 dur. ing the Summer Festival, present- ed and read. Mayor Ludwig moved that the petition be granted sub- ject to approval of the City Man- ager and Traffic Department. Sec- onded by Councilman McCauley. Carried by the following vote: Yeas — Mayor Ludwig, Council- men McCauley, Pfohl, Pregler. Nays—None. Absent — Councilman Schultz. Petition of Mary Helbing et al (83 signers) praying for relief of hazardous traffic conditions, en- dangering the safety of pedestrians as to the crossing of Dodge street on foot and also as to vehicles trying to enter Dodge from the parking lots of the various business establishments located along the street, presented and read. Coun- cilman Pfohl moved that the peti- tion be referred to the City Man- ager and staff for investigation and report. Seconded by Mayor Ludwig. Carried by the following vote: Yeas — Mayor Ludwig, Council- men McCauley, Pfohl, Pregler. Nays—None. Absent—Councilman Schultz. Petition of Mike Mellon et al (46 signers) requesting removal of the asphalt curb on the east side of Elm Street from 24th to 26th Street to provide a wider area for traffic, especially in the case of fire, presented and read. Council- man Pregler moved that the peti- tion be referred to the City Engi- neer with intent to procure per- mission from the Chicago Great Western Railroad. Seconded by Mayor Ludwig. Carried by the fol- lowing vote: Yeas — Mayor Ludwig, Council- men McCauley, Pfohl, Pregler. Nays—None. Absent—Councilman Schultz. Petition of Mr. & Mrs. Joseph Zillig of 2279 Foye Street, object- ing to the opening of the alley be- tween Lowell Street and Napier street particularly if loose crushed stone is used to resurface, present- ed and read. Councilman Pregler moved that the petition be refer- red to the Engineering Depart- ment. Seconded by Mayor Ludwig. Carried by the following vote: Yeas — Mayor Ludwig, council. men McCauley, Pfohl, Pregler. Nays—None. Absent — Councilman Schultz. Petition of Dubuque Area Eco- nomic Opportunity Agency Inc. re- questing permission to conduct a parade on Saturday June 10, 1967, presented and read. Mayor Ludwig moved that the petition be grant- ed subject to approval of the City Manager and Traffic Department. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Ludwig, Council- men McCauley, Pfohl, Pregler. Nays—None. Absent — Councilman Schultz. Petition of Peoples Natural Gas requesting permission to excavate on Lindale Street near Evergreen, presented and read. Councilman Pfohl moved that the petition be granted. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Ludwig, Council. men McCauley, Pfohl, Pregler. Nays—None. Absent—Councilman Schultz. Petition of Peoples Natural Gas requesting permission to excavate on Adair Street near Delaware, presented and read. Councilman Pfohl moved that the petition be granted. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Ludwig, Council- men McCauley, Pfohl, Pregler. Nays—None. Absent — Councilman Schultz. Petition of Ione Miller by Wil- liam Campbell Admr. requesting a refund of $150. on the unexpired portion of Class B Beer license No. 36, as she has discontinued business on May 20, 1967, present- ed and read. Mayor Ludwig moved that the refund be granted and the Auditor instructed to issue proper warrants. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Ludwig, Council- men McCauley, Pfohl, Pregler. Nays—None. Absent—.Councilman Schultz. CITY OF DUBUQUE, IOWA RESOLUTION NO. 11367 WHEREAS, Many hardships are imposed on business firms when the Mississippi is unnavigable such 076 licgular Session, June 5, 1967 as a loss in revenue, the laying off of many employees and the idling of millions of dollars of floating equipment, docks, and terminal facilties; and WHEREAS, Many economic ad. vantages could be realized by year around navigation in a twelve foot channel of the Mississippi River such as a lowering of tonnage rates by barge, railroad, and truck lines; and WHEREAS, The economic and social well-being of the community would be enhanced by the expan- sion of many firms and a greater degree of employment during the winter months from year around operations. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That full support of twelve month navigation on the Mississip- pi is desirable and that the United States Army Corps of Engineers be encouraged to complete its study and take such steps as neces- sary to put the plan into effect; and BE IT FURTHER RESOLVED That additional feasibility studies are hereby encouraged on a twelve foot channel in the Mississippi Riv- er. PASSED, ADOPTED and AP- PROVED This 5th day of June, 1967. Richard Ludwig Mayor M. Sylvester McCauley Eldon A. Pfohl Walter A. Pregler Councilmen (SEAL) Attest: Leo F. Frommelt, City Clerk Mayor Ludwig moved adoption of the resolution. Seconded by Councilman McCauley. Carried by the following vote: Yeas — Mayor Ludwig, Council- men McCauley, Pfohl, Pregler. Nays—None, Absent—Councilman Schultz. Proof of Publication, certified to by the Publisher, of notice of pub. lic hearing of time and place to consent to vacation of Steven Court and that part of St, George Sub- division known as Lots 1, 2, 3, and 4 of Block 4 and Lots 5, 6, 7, 8, 9 and Lot 2 of 4 of Block 3 of St. George Subdivision and utility easements therein, presented and read. No written objections were filed and no oral objectors were present in the Council Chamber at the time set for the public hearing. Councilman Pregler moved that the proof of publication be receiv- ed and filed. Seconded by Council- man McCauley. Carried by the fol- lowing vote: Yeas — Mayor Ludwig, Council- men McCauley, Pfohl, Pregler. Nays—None. Absent—Councilman Schultz. RESOLUTION NO. 14467 WHEREAS, pursuant to resolu- tion and published notice of time and place of hearing, published in the Telegraph -Herald, a newspaper of general circulation published in the City of Dubuque, Iowa, on May 8, 1967 and May 15, 1967, City Council of Dubuque, Iowa, met on the 5th day of June, 1967 at 7:30 o'clock P.M. in the City Council Chamber in the City Hall, Du- buque, Iowa, to consider the pro- posal to vacate plat of certain real estate at which hearing all inter- ested persons were afforded an op- portunity to be heard for or against such proposal and which real estate is described as follows, to wit: That part of St. George Sub- divison known as Lots 1, 2, 3, and 4 of Block 4 and Lots 5, 6, 7, 8, 9, and Lot 2 of 4 of Block 3 of St. George Sub- division; and WHEREAS, City Council of Du- buque, Iowa, overruled any and all objections, oral or written, to the proposal to vacation of the inter- est of the City of Dubuque, Iowa, in the above described real estate to ELDON T. HERRIG. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF CITY OF DUBUQUE, IOWA: Section 1. That the disposal of the interest of City of Dubuque, Iowa in and to the following de- scribed real estate: That part of St. George Sub- division known as Lots 1, 2, 3, and 4 of Block 4 and Lots 5, 6, 7, 8, 9, and Lot 2 of 4 of Block 3 of St. George Sub- division Regular Session, June 5, 1967 277 be and the same is hereby approv- ed, and the said Eldon T. Herrig shall pay costs of publication. Section 2. That the Mayor and City Clerk are hereby authorized and directed to execute Quit Claim Deed of City of Dubuque, Iowa, conveying to ELDON T. HERRIG all of its rights, title and interest In and to the above described real estate, Section 3. That the City Clerk be and he is hereby authorized and directed to record a certified copy of this Resolution in the office of the Dubuque County Recorder in and for Dubuque County, Iowa. Passed, adopted and approved this 5th day of June, 1967. Richard Ludwig Mayor M. Sylvester McCauley Eldon A. Pfohl Walter A. Pregler Councilmen Attest: Leo F. Frommelt, City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Pfohl. Carried by the following vote: Yeas — Mayor Ludwig, Council- men McCauley, Pfohl, Pregler. Nays — None. Absent — Councilman Schultz. June 5, 1967 To The Honorable Mayor and Members of the City Council Gentlemen: I herewith submit the attached schedule of proposed valuations and assessments for the construc- tion of the Little Chicago Sanitary Sewer. Submitted June 5, 1967. John L. White City Engineer Councilman Pfohl moved that the communication be received and filed. Seconded by Councilman Mc- Cauley. Carried by the following vote: Yeas — Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler. Nays—None. Absent—Councilman Schultz. RESOLUTION NO. 14S.67 Be it resolved by the City Coun- cil of the City of Dubuque, Iowa: Section 1. That the attached schedule of proposed assessments for the construction of the Little Chicago Sanitary Sewer and the valuations set out therein are here. by approved. Passed, adopted and approved this 5th day of June, 1967. Richard Ludwig Mayor M. Sylvester McCauley Eldon A. Pfohl Walter A. Pregler Councilmen Attest: Leo F. Frommelt City Clerk Mayor Ludwig moved adoption of the resolution. Seconded by Councilman McCauley. Carried by the following vote: Yeas — Mayor Ludwig, Council- men McCauley, Pfohl, Pregler. Nays—None. Absent—Councilman Sebultz. RESOLUTION NO. 14667 Preliminary Estimate and ap- proval of plans, specifications, form of contract, preliminary es- timates and all other documents for construction of a twelve inch (1211) sanitary sewer in Farragut Street from the W.P.L. of Kerper Boulevard to the intersection of Farragut street and the alley be- tween Garfield Avenue and Kerper Boulevard; then an eight inch (8") sanitary sewer in the alley between Garfield Avenue and Kerper Boule- vard from the intersection with Farragut Street 386.68 feet north- erly; also an eight inch (8") san- itary sewer from the sewer in the alley between Garfield Avenue and Kerper Boulevard westerly through Lot 180 of Ham's Addition to Gar- field Avenue and northerly in Gar- field Avenue a distance of 258.18 feet, at an estimated cost of $6,803.57, presented and read. Councilman Pfohl moved adop- tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Ludwig, Council- men McCauley, Mill, Pregler. Nays—None. Absent --Councilman Schultz. (Neces>sitY for Improvement) RESOLUTION NO. 14767 WHEREAS, proposed plans, spec- ifications, form of contract, plat and schedule have been duly pre- pared and approved by the City s Regular Session, June 5, 1967 Council of the City of Dubuque and are now on file in the office of the City Clerk showing among Other things the following: 1. The size and kind of sewers. 2. Each lot proposed to be as. sessed together with a valuation fixed by the council. 3. An estimate of the cost of the proposed improvement, stating the same for each different type of construction and kind of material to be used. 4. In each case the amount there. of which is estimated to be as- sessed against each lot, for the construction of a twelve inch (12") Sanitary Sewer in Farragut Street from the W.P.L. of Kerper Boule- vard to the intersection of Farra- gut Street and the alley between Garfield Avenue and Kerper Boul- evard, then an eight inch (8") San. itary Sewer in the alley between Garfield Avenue and Kerper Boul- evard from the intersection with Farragut Street 386.68 feet north- erly. Also, an eight inch (8") San- itary Sewer from the sewer in the alley between Garfield Avenue and Kerper Boulevard westerly through Lot 180 of Ham's Addition to Gar. field Avenue and northerly in Gar- field Avenue a distance of 258.16 feet. 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 objections to the amount of the proposed assessments, they shall be deemed to have waived all objec- tions thereto. Said improvements shall be con- structed and done in accordance with the plans and specifications which have been prepared there- fore by the City Engineer which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said improve- ment will be assessed upon and against all privately owned prop- erty lying within assessable dis- tance provided by law and in an amount not to exceed the amount provided by law, property will be assessed whether the same abuts thereon or is adjacent thereto ac. cording to area and in proportion to the special benefits conferred thereby, and any deficiency shall be paid out of sewer funds. Bonds shall be issued and sold in antici- pation of deferred payments of assessments when a contract has been performed and accepted and the proceeds thereof used to pay the contractor. The railway portion of any street or assessment district shall be assessed to and paid by the railway company. The above resolution was intro- duced, approved and ordered plac- ed on file with the City Clerk this 5th day of June, 1967. Approved and placed on file for final action. Richard Ludwig Mayor M. Sylvester McCauley Eldon A. Pfohl Walter A. Pregler Councilmen Attest: Leo F. Frommelt, City Clerk Councilman Pfohl moved ap- proval of the resolution. Seconded by Mayor Ludwig. Carried by the following vote: Yeas — Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Nays—None. Absent — Councilman Schultz (Fixing date of hearing) RESOLUTION NO. 148-67 WHEREAS, the City Council of the City of Dubuque, Iowa, has by Resolution No. 146-67 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 Construction of a twelve inch (12') Sanitary Sewer in Farragut Street from the W.P.L. of Kerper Boule- vard to the intersection of Farra- gut Street and the alley between Garfield Avenue and Kerper Boule- vard; then an eight inch (811) San- itary Sewer in the alley between Garfield Avenue and Kerper Boule- vard from the intersection with Farragut Street 386.68 feet north- erly. Also, an eight inch (6') San- itary Sewer from the sewer in the alley between Garfield Avenue Regular Session, June 5, 1967 279 and Kerper Boulevard westerly through Lot 180 of Ham's Addition to Garfield Avenue and northerly in Garfield Avenue a distance of 258.16 feet 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 inspection, BE IT THEREFORE RESOLVED that on the 3rd day of July 1967, a public hearing will be held at 7:30 o'clock P.M. D.S.T. in the Council Chamber in the City of Dubuque at which time the owners of property subject to assessment for the pro- posed improvement may appear and make objection to the pro- posed plans and specifications and proposed form of contract and at the same time to the boundaries of the proposed district, to the cost of the improvement, to the amount proposed to be assessed against any lot and to the passage of the proposed Resolution of Necessity and the City Clerk be and he is hereby directed to cause a notice of the time and place of such hear- ing to be published in some news- paper published in the city of Du- buque, 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 un- less property owners at the time of final consideration of said resolu- tion have on file with the Clerk ob- jections to the amount of the pro- posed assessment, they shall have been deemed to have waived all ob- jections 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 5th day of June, 1967. Richard Ludwig Mayor M. Sylvester McCauley Eldon A. Pfohl Walter A. Pregler Councilmen Attest: Leo F. Frommelt, City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded l)y Mayor Ludwig. Carried by the following vote: Yeas—Mayor Ludwig, Council. men McCauley, Pfohl, Pregler. Nays—None. Absent—Councilman Schultz. CITY OF DUBUQUE, IOWA RESOLUTION NO. 14947 WHEREAS, Edward D. Failor has served the community in the highest tradition as Dubuque Municipal Court Judge since Janu- ary 1, 1963; and WHEREAS, Edward D. Failor has served the community in civic affairs for many years; and WHEREAS, Edward D. Failor has served the community well by providing the finest in a judicial capacity. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: The resignation of Edward D. Failor from the Municipal Court be accepted with sincerest regrets and best wishes be extended to him in his future endeavors. BE IT FURTHER RESOLVED That a copy of this resolution be sent to Edward D. Failor. PASSED, ADOPTED and AP- PROVED June 5, 1967. Richard Ludwig Mayor M. Sylvester McCauley Eldon A. Pfohl Walter A. Pregler Councilmen Attest: Leo F. Frommelt, City Clerk Councilman McCauley moved adoption of the resolution. Second- ed by Councilman Pregler, Carried by the following vote: Yeas — Mayor Ludwig, Council- men McCauley, Pfohl, Pregler. Nays—None. Absent—Councilman Schultz. RESOLUTION NO. 15047 BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the following having Complied with the provisions of law relating to the sale of Cigar- ettes within the City of Dubuque, Iowa, be granted a permit to sell Cigarettes and Cigarette Papers within said City. Myril F. Healy, 205 Locust Street BE IT FURTHER RESOLVED that the bonds filed with the ap- plication be approved. 280 Regular Session, June 5, 1987 Passed, adopted and approved this 5th day of June, 1967. Richard Ludwig Mayor M. Sylvester McCauley Eldon A. Pfohl Walter A. Pregler Councilmen Attest: Leo F. Frommelt City Clerk Mayor Ludwig moved adoption of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Ludwig, Council- men McCauley, Pfohl, Pregler. Nays—None. Absent—Councilman Schultz. RESOLUTION NO. 151-67 WHEREAS, applications for Beer Permits have been submitted to this Council for approval and the same have been examined: NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the following applica- tions be granted and licenses be issued upon the compliance with the terms of the ordinances of the City. CLASS "B" BEER PERMIT PRIVATE CLUB Fraternal Order of Eagles Aerie No. 568, 6th & Locust Street Navy Club, Ship #67, 469 Main Street CLASS "B" BEER PERMIT Frank & Phyllis Licciardi, 869.871 Iowa Street Canfield Hotel, Inc., 36 West 4th Street Theodore G. Kanavas, 1689 Elm Street Melvin A. Spiegelhalter, 1029% Main Street William A. Rhomberg, 1298 Main Street Patricia A. Donath, 400 Iowa Street Mark R. Smith & Bernard F. Ska- hill, 400 Central Avenue Eileen Wunder, 1046 Central Av- enue CLASS "C" BEER PERMIT Eagle Food Centers, Inc. 4144) 3033 Asbury Street Eagle Food Centers, Inc, (#130), 1800 Elm Street Kenneth J. Waul, 2850 Burlington Street Robert L. Becker, 2418 Central Av. enue Harold A. Casey, 655 Clarke Drive Passed, adopted and approved this 5th day of June, 1967. Richard Ludwig Mayor M. Sylvester McCauley Eldon A. Pfohl Walter A. Pregler Councilmen Attest: Leo F. Frommelt City Clerk Mayor Ludwig moved adoption of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Ludwig, Council- men McCauley, Pfohl, Pregler. Nays—None. Absent --Councilman Schultz. RESOLUTION NO. 152.67 WHEREAS, applications for Beer Permits were filed by the within named applicants and they have received the approval of this Coun- cil; and WHEREAS, the premises to be occupied by such applicants were inspected and found to comply with the ordinances of this City and they have filed proper bonds: NOW THEREFORE, Be It Re- solved by the City Council of the City of Dubuque, Iowa, that the Manager be and he is hereby di- rected to issue to the following named applicants a Beer Permit. CLASS "B" BEER PERMIT PRIVATE CLUB Fraternal Order of Eagles, Aerie No. 568, 6th & Locust Street Navy Club, Ship #67, 469 Main Street CLASS "B" BEER PERMIT Frank & Phyllis Licciardi, 869-871 Iowa Street Canfield Hotel, Inc., 36 West 4th Street Theodore G. Kanavas, 1689 Elm Street Melvin A. Spiegelhalter, 102WAa Main Street ;lliam A. Rhomberg, 1298 Main Street Patricia A. Donath, 400 Iowa Street Mark R. Smith & Bernard F. Ska- hill, 400 Central Avenue Eileen Wunder, 1046 Central Ave- nue CLASS "C" BEER PERMIT Eagle Food Centers, Inc. (#144), 3033 Asbury Street Eagle Food Centers, Inc. (#130), 1800 Elm Street Regular Session, June 5, 1967 281 Kenneth J. Waul, 2850 Burlington Street Robert L. Becker, 2418 Central Avenue Harold A. Casey, 655 Clarke Drive Be It Further Resolved that the bonds filed by such applicants be and the same are hereby approved. Passed, adopted and approved this 5th day of June, 1967. Richard Ludwig Mayor M. Sylvester McCauley Eldon A. Pfohl Walter A. Pregler Councilmen Attest: Leo F. Frommelt City Clerk Mayor Ludwig moved adoption of the resolution. Seconded by uncilman Pregler. Carried by the following vote: Yeas — Mayor Ludwig, Council- men McCauley, Pfohl, Pregler. Nays—None. Absent—Councilman Schultz. RESOLUTION NO. 153.67 Whereas, applications for Liquor Permits have been submitted to this Council for approval and the same have been examined, Now Therefore Be It Resolved, by the City Council of the City of Dubuque, Iowa, that the following applications be granted and li- censes issued upon the compliance with the terms of the IOWA LIQ- UOR CONTROL ACT—CHAPTER 123—as amended by the 60th Gen- eral Assembly, 1963. CLASS "A" LIQUOR LICENSE Dubuque Golf and Country Club, 1800 Randall Place CLASS "C" COMMERCIAL ESTABLISHMENT Denise O'Neill, 55 Locust Street William A. Rhomberg, 1298 Main Street Carl N. Brant, 2600 Central Avenue Eileen Wunder, 1046 Central Ave- nue Passed, adopted and approved this 5th day of June, 1967. Richard Ludwig Mayor M. Sylvester McCauley Eldon A. Pfohl Walter A. Pregler Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Mayor Ludwig. Carried by the fol. lowing vote: Yeas — Mayor Ludwig, Council- men McCauley, Pfohl, Pregler. Nays—None. Absent—Councilman Schultz. RESOLUTION NO. 154.67 WHEREAS, applications for Liq- uor Permits were filed by the with- in named applicants and they have received the approval of this Council, and WHEREAS, the premises to be occupied by such applicants were inspected and found to comply with the State Law and all City ordinances relevant thereto and they have filed proper bonds; NOW THEREFORE BE IT RE- SOLVED by the City Council of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named applicants a Liquor Permit. CLASS "A" LIQUOR LICENSE Dubuque Golf and Country Club, 1800 Randall Place CLASS "C" COMMERCIAL ESTABLISHMENT Denise O'Neill, 55 Locust Street William A. Rhomberg, 1298 Main Street Carl N. Brant, 2600 Central Ave- nue Eileen Wunder, 1046 Central Ave- nue Passed, adopted and approved this 5th day of June, 1967. Richard Ludwig Mayor M. Sylvester McCauley Eldon A. Pfohl Walter A. Pregler Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop. tion of the resolution. Seconded by Councilman McCauley. Carried by the following vote: Yeas — Mayor Ludwig, Council- men McCauley, Pfohl, Pregler. Nays—None. Absent --Councilman Schultz. There being no further business Councilman Pregler moved to ad. journ. Seconded by Councilman McCauley. Carried by the following vote: 282 Regular Session, June 5, 196 Yeas — Mayor Ludwig, Council- men McCauley, Pfohl, Pregler. Nays—None. Absent—Councilman Schultz. Leo F. Frommelt City Clerk Approved qC Ro ! .T .... 16196i. Adopted Q.Q.toh r...J-6..1967. Attes.......................... City Clerk _A— Spacial Session, June 12, 1967 2$3 CITY COUNCIL (OFFICIAL) Special Session, June 12, 1967. Council met at 7:30 P.M. (D.S.T.) Present — Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. City Manager Gilbert D. Chavenelle. Mayor Ludwig read the call and stated that service thereof had been duly made and this meeting is called for the purpose of con- sidering the manager's request to proceed with the financing of the outstanding 1967 flood indebted- ness, and acting upon such other business as may properly come be- fore a regular meeting of the City Council. Communication of Iowa State Highway Commission submitting primary road maintenance contract in the amount of $3160 covering routine maintenance on city streets from July 1, 1967 to June 30, 1968, presented and read. Mayor Ludwig moved approval of the contract and instructed the City Manager to sign. Seconded by Councilman McCauley. Carried by the follow- ing vote. Yeas — Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. Nays—None. Communication of Iowa State Highway Commission submitting a resolution agreement covering ma- jor repair of the U. S. 20 Julien Dubuque Bridge floor, presented and read. Mayor Ludwig moved approval of agreement. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. Nays—None. Printed Council proceedings for the month of February 1967 pre- sented for approval. Councilman Pregler moved that the proceed- ings be approved as printed. Sec onded by Councilman Schultz. Car- ried by the following vote: Yeas — Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. Nays—None. Communication of W. S. Guest, rear Admiral U. S. Navy, express- ing appreciation for assistance pro- vided by the City in preparing the Training Center to withstand the recent spring flood, presented and read. Councilman Pfohl moved that the communication be re- ceived and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. Nays—None. June 12, 1967 To the Honorable Mayor and City Council, Gentlemen: This is to advise that I have ap- proved the following policy and bonds and desire to have your ap- proval on same. COMPREHENSIVE LIABILITY John C. Jones, American States In. surance Company SIDEWALK .Tames J. Scholl, Merchants Mu- tual Bonding Company Respectfully, Gilbert D. Chavenelle, City Manager Councilman Pregler moved ap- proval of filing subject to approv- al of City Solicitor. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. Nays—None. June 12, 1967 To the Honorable Mayor and City CounW Gentlemen: Sealed Bids were received until 10:00 A.M., D.S.T., June 5, 1967, in the office of the City Clerk for the repair of the Terminal Street Sanitary Sewer that was damaged during the 1967 Flood. The M. F. Goerdt Construction Company of Dubuque, Iowa sub. mitted the only bid in the amount of $6,920.00. The estimated cost was $5,135.00. I recommend that the contract for the repair be awarded to M. F. Goerdt Construction Company. Sincerely, Gilbert D. Chavenelle City Manager Councilman Schultz moved that the recocmmendation of the City Special Session, June 12, 19671 289 be approved. Seconded by the Company — an across -the - Manager by Councilman Pfohl. Carried by board increase of 50¢. the following vote: This recommendation of the Yeas -_ Mayor Ludwig, Coun- City's .rate expert was made in ac- cilmen McCauley, Pfohl, Pregler, cordance with the rate standards set out in Section 9 of Ordinance Schultz. Nays—None. No. 25-63• .June 12, 1967 Mr. Long's recommendation was To the Honorable Mayor and rejected and an increase of 250 to Members of the City Council all subscribers was approved, upon the announced premises the appli- Gentlemen: cation then before the Council did In accordance with the provi- of Chapter 365 of the 1966 not expressly state that the re - sions Code of Iowa, the Civil Service quested 500 increase was a mini - mum request. The limited increase Commission conducted entrance ex- of 25V is unacceptable to appli- aminations on May 23, 1967, for cant. those seeking positions on the PO- At this time, Dubuque TV -FM LICE DEPARTMENT. Cable Company formally and spe- The following named applicants cifically requests Council approval have passed both the written and a full minimum increase in physical examinations and are of to all its subscribers in the hereby certified for appointment rates amount of not less than 50c over to the POLICE department. the rates in effect on and prior John D. Stevens 901/_1 to June 5, 1967, such increase to Michael J. Donahue ..................71 be effective July 1, 1967. Larry M. Walters ......................71 Respectfully submitted, The report of Eugene C. Lang Gerard B. Noonan as heretofore received and filed is by this reference incorporated Chairman Louis F. Fautsch in and made part of this applica- Civil Service Commission tion. Respectfully submitted, Attest: Leo F. Fromuielt DUBUQUE TV -FM Clerk CABLE COMPANY Subscribed and sworn to before By Robert L. Loos me this 12th day of June, 1967. Its General Manager Eugene J. Berens Councilman Pregler moved that Notary Public the petition be received and filed. Councilman Pregler moved that Seconded by Councilman Schultz. the communication be received Carried by the following vote: and made a matter of record. Sec. Yeas — Mayor Ludwig, Coun- onded by Councilman Schultz. cilmen McCauley, Pfohl, Pregler, Carried by the following vote: Schultz. Yeas — Mayor Ludwig, Coun. Nays—None. cilmen McCauley, Pfohl, Pregler, Upon further motion Council - Schultz, man McCauley moved that the pe- Nays—None. tition be denied. Seconded by To the Honorable Mayor and Councilman Schultz. Carried by the City Council of the City of following vote: Dubuque, Iowa. Yeas — Mayor Ludwig, Coun- On June 5, 1967, the application cilmen McCauley, Pfohl, Pregler, Of Dubuque TV -FM Cable Company Schultz. for a rate increase, effective March Nays—None. 1, 1967, of 50¢ per month over the Petition of Coca Cola Bottling rates then in effect for all sub- Co. requesting consideration in the scribers, came before this Council. beautification of the entire median At that time, the Council had be- strip along Kerper Blvd. by the fore it the written report of its planting of some shrubbery or specially selected rate consultant, flowers, presented and read. Coun- Eugene C. Lang. Such report ana- cilman Pregler moved that the pe- lyzed the pertinent data in detail, tition be referred to the Council. and recommended that the in- Seconded by Councilman Schultz. crease be approved as requested Carried by the following vote: Special Session, June 12, 1967 285 Yeas — Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. Nays—None. Petition of Ecumenical Coffee llouse requesting information as to requirement of a permit to so- licit funds by means of collection cans to be placed in local business establishments for their non-profit organization, presented and read. Councilman Schultz moved that the petition be referred to the Mayor and City Manager. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. Nays—None. Petition of Dubuque Sports Bowl requesting permission to conduct a fireworks display on July 4th in conjunction with their stock car racing program, presented and read. Councilman Pregler moved approval of the petition subject to approval of the Fire Chief. Sec- onded by Councilman Schultz. Car- ried by the following vote: Yeas — Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. Nays—None. June 8, 1967 To the Honorable Mayor and City Council Gentlemen: As the Council is well aware, the City of Dubuque is without funds to meet its obligations of estimated expenses of approximately $360,- 000.00 for various services and ma- terials supplied to the City by nu- merous contractors and suppliers in connection with the emergency flood protection work of 1967. The methods of defraying the ex- pense and costs of such project have been examined and the only legal feasible manner in which the financing can be handled is to is- sue warrants in payment to the various creditors. It is proposed that the said warrants would then be presented for payment and be dishonored by the City Treasurer for lack of funds and thereupon a friendly suit would be instituted by a local bank against the City to enforce collection of the unpaid warrants. The bank having honored the warrants would be entitled to collect and earn interest at the rate of four (4%,) percent on the total amount of the warrants out- standing and unpaid. Upon the completion of the friendly suit, then the bank would have judgment against the City for the full amount of outstanding warrants, together with accrued in- terest to the date of the judgment and thereafter the judgment would earn interest at the rate of five (5%) percent until satisfied. It then would be proposed to issue bonds to satisfy and pay off said judgment. There is currently being consid- ered in the Iowa State Legislature Senate File 796. This is a bill for an Act relating to disaster aid for governmental subdivisions. It pro- vides for: interest free loans by the State to its subdivisions and a grant in aid up to fifty (50%) per- cent of the emergency costs. In the event that the bill is en- acted into law, it is proposed to use the proceeds of a State grant and/or loan to pay the local bank the amount of outstanding war- rants and accrued interest. I respectfully ask the City Coun- cil to concur and instruct the City Manager to proceed with the fi- nancing of said outstanding indebt- edness according to the tenour of this letter. Respectfully submitted, Gilbert D. Chavenelle City Manager Councilman Pregler moved that the communication be received and filed. Seconded by Mayor Ludwig. Carried by the following vote: Yeas — Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. Nays—None. Communication of R. F. Sefzik of 430 Clark Street, requesting per- mission to address the Council rela- tive to ways of making payment of the flood control indebtedness, presented and read. Councilman Pregler moved that the communi. cation be received and filed. Sec- onded by Councilman Pfohl. Car- ried by the following vote: Yeas — Mayor Ludwig, Coun cilmen McCauley, Pfohl, Pregler, Schultz. Nays—None. Councilman Pregler moved that the rules be suspended in order 286 Special Session, June 12, 1967 to let anyone address the Council if they so desire. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. Nays—None. Mr. R. F. Sefzik addressed the Council by stating that the City enjoys a very fine credit rating. In his opinion, under the proposed procedure, of paying the 1967 flood bills, the city's credit rating will be jeopardized, and we are heading for bankruptcy. RESOLUTION NO. 155.67 WHEREAS, the flood waters of the Mississippi River threatened to wreak irreparable damage upon persons and property in the City of Dubuque, Iowa, during the Spring of 1967; and WHEREAS, the City of Dubuque, Iowa, undertook to erect and con. struct an earthen levee in order to protect the inhabitants of the City of Dubuque, Iowa from dam- ages resuiting from the flooding waters of the Mississippi River and incurred indebtedness in connec- tion therewith. NOW THEREFORE Be It Re- solved by the City Council of the City of Dubuque, Iowa: Section 1. That the issuance of warrants of the City of Dubuque for the purpose of evidencing of indebtedness to the various credi- tors who furnished labor, materials and supplies to the City of Du- buque in connection with the work performed in the erection and con- struction of earthen levee to pro- tect against the flood waters of the Mississippi River in the Spring of 1967 be and the same are hereby approved. Section 2. That the City Manager of the City of Dubuque, Iowa, be, and he is ;iereby ordered and di- rected to take any action neces- sary and within the framework of the law to finance the payment of said indebtednesses. Passed, adopted and approved this 12th day of June, 1967. Richard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman McCauley. Carried by the following vote: Yeas — Mayor Ludwig, Council. men McCauley, Pfohl, Pregler, Schultz. Nays—None. June 6, 1967 Honorable Mayor and Council Members Gentlemen: The City Planning and Zoning Commission has reviewed the final plat of the subdivision of lot 1 of Mark Heights in the City of Du- buque and has found that the plat meets the minimum requirements of the subdivision regulations and is an appropriate design for this area. It is the recommendation of the Commission that the plat be approved. Respectfully submitted, Don Gilson Director of Planning Councilman Pregler moved that the communication be received and filed. Seconded by Mayor Ludwig. Carried by the following vote: Yeas — Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. Nays—None. RESOLUTION NO. 15667 Resolution Approving Plat of Lot 1 of "Mark Heights" in the City of Dubuque, Iowa. WHEREAS there has been filed with the City Clerk a plat in which Lot 1 of "Mark Heights" is platted as Lot 1, Lot 2, Lot 3, Lot 4, Lot 5 and Lot 6 of the Subdivision of "Mark Heights," in the City of Dubuque, Iowa. and, WHEREAS said plat has been examined by the City Plan Com- mission and had its approval en- dorsed thereon; and, WHEREAS said plat has been examined by the City Council and they find the same conforms to the Statutes and Ordinances relating thereto; NOW, THEREFORE, Be It Re- solved by the City Council of the City of Dubuque, Iowa: 0 T Special Session, June 12, 1967 987 Section 1. That the above de- scribed plat be and the same is hereby approved and the Mayor and Clerk be and they are hereby authorized and directed to endorse the approval of the City upon said plat. Passed, adopted and approved this 12th day of June A.D., 1967. Richard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler Councilmen Attest: Leo F. Frommelt City Clerk Mayor Ludwig moved adoption of the resolution. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Mayor Ludwig, Council- men McCauley, Pfohl, Pregler. Schultz. Nays—None. ORDINANCE NO. 27-67 An Ordinance authorizing Rob- ert G. Vernon to construct con- crete steps and metal railing at 543 W. 8th Street 9th Street en- trance, presented and read. Mayor Ludwig moved that the reading just had be considered the first reading of the Ordinance. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. Nays—None. Mayor Ludwig moved that the rule requiring the reading of an ordinance on three separate days be waived. Seconded by Council- man Pfohl. Carried by the follow- ing vote: Yeas — Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None. ORDINANCE NO. 1747 AN ORDINANCE AUTHORIZING Rob- ert G. Vernon TO CONSTRUCT concrete steps and metal railing at S43 W. 0th Straef (9th street entrance) COUNCIL OF TTHE CIITYBOF DUBUQUE IOWA: Section 1. That Robert G. Vernon, as owner of the premises known as Lot 1 of Wt/x of Lot 11 in St�l!bdivlslon of ut Lot 608 In Cl ty of Dulwque, Iowa prld he Is hereby ranted Me revocable Ikense and authority to construct and maintain concrete steps and metal rall- Ing under the terms and conditions set forth Talnech(SectionL htu:construction shall be done In accor6rier with Plans here- tofore submitted by permittee and ap- proved by City Manager, under the su. Prevision e9era�gn accordancet with aity Man. lll appll. cable state and federal laws and regu- lations, and the ordinances of the City of Dubuque. Section 3. That the permission herein granted is expressly conditioned on per. mittee agreement to: (a) Assume any and all liability for damages to Persons or Property rnceh co structionf r or om tmeainteo- ance of said concrete step!, and moat railing (b) To nay on behalf of the City of City ofubuque all Dubuque sums which the ob gated to pay by reason of the liability imposed upon the City of Dubuque for damages of any kind resulting from the existence, construction or maintenance of leid concrete steps and metal railing, sustained by any person rr Persons, caused by accident or otherwise, to defend at Its own expense and on behalf of said City any claim against the City of Dubuque arising out of the existence, construction or main- tenance of concrete steps and metal railing Section 4. That the permission herein granted is expressly conditioned upon Permittees further agreement that should the right and privilege herein granted berescinded er revoked by the City Council, Prrmiltee, or his successors In interest, as ownrrs of the abutting prop- erty, shall within thirty (30) days after receipt of written notice from the City Manager, so to do, at their own ex- pense, remove said steps and railing, and in the event of their failure so to do, the City of Dubuque shall be auth- orized to remove said steps and railing, at per nitlf es. expense and dispose of the same, and the permittees shall have no claim against the City or Its agents for damages resulting from the removal of said steps and railing. Section S. This Ordinance shall be- come rffecfive and the rights hereunder accrue to Rebert G. Vernon when this Ordinance has beenadopted by the City Council and the terms and conditions thereof accepted by permittee by ac- ceptance endorsed on this Ordinance. Passed, adopted and approved this 12th lay of RICHARD L UDWIG Mayor M. SYLVESTER MCCAULEY MERLIN F. SCHULTZ ELDON A. PFOHL WALTER A. PREGLER Councilmen Attest: Leo F. Frommelt City Clerk ACCEPTANCE OF ORDINANCE NO. 17-67 The undersigned having read and being familiar with the terms and conditions of Ordinance No. 27.67 hereby, for him- self, his successors or assigns, as owner of the abutting property, accepts the same and agrees to be bound by the condittalnedlons to bedperformedncon. by permittee. Dated 12 June, 1%7. By Roberton Property OO wner Published officially In the Telegraph. Herald newspaper ttiis 16th day of June 1967. Leo F. Frommelf it. 6/16 City Clerk. Mayor Ludwig moved adoption of the Ordinance. Seconded by Councilman McCauley. Carried by the following vote: Yeas — Mayor Ludwig, Council. men McCauley, Pfohl, Pregler, Schultz. Nays—None. 2,g Special Sc ssion. June 12, 1967 RESOLUTION NO. 157.67 WHEREAS, applications for Beer Permits have been submitted to this Council for approval and the same have been examined: NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the following applica- tions be granted and licenses be issued upon the compliance with the terms of the ordinances of the City. CLASS "B" BEER PERMIT Lucille McArdle, 2412 Central Ave. nue Passed, adopted and approved this 12th day of June, 1967. Richard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler 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 Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. Nays—None. RESOLUTION NO. 158.67 WHEREAS, applications for Beer Permits were filed by the within named applicants and they have received the approval of this Council; and WHEREAS, the premises to be occupied by such applicants were inspected and found to comply with the ordinances of this City and they have filed proper bonds: NO 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 Lucille McArdle, 2412 Central Ave- nue BE IT FURTHER RESOLVED that the bonds filed by such ap- plicants be and the same are here- by approved. Passed, adopted and approved this 12th day of June, 1967. Richard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler Councilmen Attest: Leo F. Frommelt City Clerk Councilman Schultz moved adop- tion of the resolution. Seconded by Mayor Ludwig. Carried by the fol- lowing vote: Yeas — Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None. RESOLUTION NO. 159.67 WHEREAS, applications for Liq- uor Permits have been submitted to this Council for approval and the same have been examined. NOW THEREFORE BE IT RE- SOLVED, by the City Council of the City of Dubuque, Iowa, that the following applications be grant- ed and licenses issued upon the compliance with the terms of the IOWA LIQUOR CONTROL ACT— CHAPTER 123 — as amended by the 60th General Assembly, 1963. CLASS "C" COMMERCIAL ESTABLISHMENT John J. Glynn, 655 Central Avenue Passed, adopted and approved this 12th day of June, 1967. Richard Ludwig, Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler Councilmen Attest: Leo F. Frommelt City Clerk Councilman Schultz moved adop- tion of the resolution. Seconded by Councilman McCauley. Carried by the following vote: Yeas — Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. Nays --None. RESOLUTION NO. 160.67 WHEREAS, applications for Liq- uor Permits have been filed by the within named applicants and they have received the approval of this Council, and WHEREAS, the premises to be occupied by such applicants were inspected and found to comply with the State Law and all City Special Session, June 12, 1961 289 ordinances relevant thereto and they have filed proper bonds; NOW THEREFORE BE IT RE- SOLVED by the City Council of Dubuque, Iowa, that the Manager be authorized to cause to be is- sued to the following named appli- cants a Liquor Permit. CLASS "C" COMMERCIAL ESTABLISHMENT John J. Glynn, 655 Central Avenue Passed, adopted and approved this 12th day of June, 1967. Richard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler City Clerk 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 Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None. Mr. Arlan F. Kubitz of 1110 Altura Drive addressed the Council as to surface water undermining his street and sidewalks. Mayor Ludwig moved that Owen Riley and Thomas M. Flynn be re- appointed to the Planning & Zon- ing Commission for a five year term from 5-2467 to 5.2472. Sec- onded by Councilman Schultz. Car- ried by the following vote: Yeas — Mayor Ludwig, Council- men McCauley, Pregler, Schultz. Nays—Councilman Pfohl. Mayor Ludwig moved that Owen Riley be re -appointed to the Board of Zoning Adjustment for a five year term from 3-5-67 to 3-5.72. Sec- onded by Councilman Schultz. Car- ried by the following vote: Yeas — Mayor Ludwig, Council, men McCauley, Pregler, Schultz. Nays—Councilman Pfohl. Mayor Ludwig moved that Rev. Karl Schroeder and Rev. Geo. Ehl- hardt be re -appointed to the Li- brary Board for a six year term from 7.1-67 to 7.1-73. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None. Mayor Ludwig moved that Clem Welsh and W. J. Daugherty be re- appointed to the Airport Zoning Commission for a six year term from 5.1467 to 5-1473. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None. Mayor Ludwig moved that Hom- er Addyman and Richard Beaves be reappointed to the Heating, Ven- tilating, Air Conditioning and Re- frigeration Board for a three year term from 3.16-67 to 3.16-70. Car- ried by the following vote: Yeas — Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. Nays—None. Councilman McCauley moved that the City Solicitor be instructed to explore the feasibility of stag- gering membership appointments on the Recreation Commission for 1967. Seconded by Mayor Ludwig. Carried by the following vote: Yeas — Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None. There being no further business Councilman McCauley moved to ad- journ. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None. Leo F. Frommelt, City Clerk Approved .o.o.t.o .er...16...1967 Adopted ..October 16 : 1967 .........................., .. �.�� .. ........... Cou ci en Attes•.... ...................................... ....... City Clerk c2)(1 Special Session, June 14, 1W CITY COUNCIL OFFICIAL Special Session, June 14, 1%7. Council met at 4:30 P.M. (D.S.T.) Present --Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. City Manager Gilbert D. Chavenelle. Mayor Ludwig read the call and stated that service thereof had been duly made and this meet- ing is called for the purpose of directing the issuance of Cigarette, Beer and Liquor Licenses and act. ing upon such other business as may properly come before a regu- lar meeting of the City Council. RESOLUTION NO. 161.67 BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the following having complied with the provisions of law relating to the sale of Cigarettes within the City of Dubuque, Iowa be granted a permit to sell Cigar- ettes and Cigarette Papers within said City. Phillip R. Love, 1701 Central Av- enue BE IT FURTHER RESOLVED that the bonds filed with the ap- plication be approved. Passed, adopted and approved this 14th day of June, 1967. Richard Ludwig Mayor M. Sylvester McCauley Eldon A. Pfohl Merlin F. Schultz Walter A. Pregler Councilmen Attest: Leo F. Frommelt, City Clerk Mayor Ludwig moved adoption of the resolution. Seconded by Coun- cilman Pregler. Carried by the fol- lowing vote: Yeas — Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None. RESOLUTION NO. 162.67 WHEREAS, applications for Beer Permits have been submitted to this Council for approval and the same have been examined: NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the following applica. tions be granted and licenses be is- sued upon the compliance with the terms of the ordinances of the City. CLASS "B" BEER PERMIT Phillip Robert Love, 1701 Central Avenue Virginia Hos, 241 Main Street Passed, adopted and approved this 14th day of June, 1967. Richard Ludwig Mayor M. Sylvester McCauley Eldon A. Pfohl Merlin F. Schultz Walter A. Pregler Councilmen Attest: Leo F. Frommelt, City Clerk Councilman McCauley moved adoption of the resolution. Sec- onded by Mayor Ludwig. Carried by the following vote: Yeas — Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None. RESOLUTION NO. 163.67 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 TIIEREFORE, Be It Re- solved by the City Council of the City of Dubuque, Iowa that the Manager be and he is hereby di- rected to issue to the following named applicants a Beer Permit. CLASS 'B" BEER PERMIT Phillip R. Love, 1701 Central Avenue. Virginia Ilos, 241 Main Street. BE IT FURTHER RESOLVED that the bonds filed by such ap- tplicants be and the same are hereby approved. Passed, adopted and approved this 14th day of June, 1967. Richard Ludwig Mayor M. Sylvester McCauley Eldon A. Pfohl Merlin F. Schultz Walter A. Pregler Councilmen Attest: Leo F. Frommelt City Clerk T Special Session, June 14, 1967 291 Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman McCauley. Carried by the following vote: Yeas—Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None. RESOLUTION NO. 16467 WHEREAS, applications for Liq- uor Permits have been submitted to this Council for approval and the same have been examined, NOW THEREFORE Be It Re- solved, by the City Council of the City of Dubuque, Iowa, that the following applications be granted and licenses issued upon the com- pliance with the terms of the Iowa Liquor Control Act—Chapter 123 ---as amended by the 60th Gen- eral Assembly, 1963. CLASS "C" COMMERCIAL ESTABLISHMENT Phillip Robert Love, 1701 Cen- tral Avenue. Virginia Hos, 241 Main Street. Passed, adopted and approved this 14th day of June, 1967. Richard Ludwig Mayor M. Sylvester McCauley Eldon A. Pfohl Merlin F. Schultz Walter A. Pregler Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pfohl moved adop- tion of the resolution. Seconded by Mayor Ludwig. Carried by the following vote: Yeas—Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None. RESOLUTION NO. 165-67 WHEREAS, applications for Liq- uor Permits were filed by the within named applicants and they have received the approval of this Council, and WHEREAS, the premises to be occupied by such applicants were inspected and found to comply with the State Law and all City ordinances relevant thereto an{L they have filed proper bonds; NOW THEREFORE Be It Re- solved by the City Council of Du buque, Iowa, that the Manager be authorized to cause to be issued to the following named applicants a Liquor Permit. CLASS "C" COMMERCIAL ESTABLISHMENT Phillip Robert Love, 1701 Cen- tral Avenue. Virginia Ilos, 241 Main Street. Passed, adopted and approved this 14th day of June, 1967. Richard Ludwig Mayor M. Sylvester McCauley Eldon A. Pfohl Merlin F. Schultz Walter A. Pregler Councilmen Attest: Leo F. Frommelt City Clerk Mayor Ludwig moved adoption of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas—Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None. There being no further business Councilman McCauley moved to adjourn. Seconded by Mayor Lud- wig. Carried by the following vote: Yeas—Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None. Leo F. Frommelt City Clerk Approved Q.G.t.flbV.r... 1.6.,...1.967 Adopted O.e.tober... l6�... 1967 4 Counten Anes, .......................... Pity t'lerk 2 Special Session, June 19. 1967 OTY (OUN(IL OFFICIAL Special Session, June 19, 1967. Council net at 7:30 P.M. (D.S.T.) Present—Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. City Manager Gilbert D. Chavanelle. Mayor Ludwig read the call and stated that service thereof had been duly made and this meeting is called for the purpose of con- sidering awarding of contracts for the construction of the 1967 con. crete curb and gutter and paving with Hot Mix -Hot Laid and bitum- inous asphalt, and acting upon such other business as may properly come before a regular meeting of the City Council. June 19, 1967 Mayor Ludwig, Gentlemen of the City Council, and Citizens of Dubuque: I am certain I speak for the five other members of the Jury when I tell you what a very re- warding experience it was for us to judge the entries for "Opera- tion Flag." We found ourselves with a very difficult task to per- forin, for the variety and number of entries were so well done, we actually reaped a harvest of knowledge about our proud and historical City. The ingenuity of thought, and the planning of de- sign and color, were very indica- tive of long hours of research. Only after much discussion, and the fact that the other members of the Jury were so well versed on most of our historical facts, as well as being knowledgeable as to the basic points of design and color, were we able to narrow the field down to three winning entries. These other Jury members are: Miss Catherine M. Seitz --County Librarian. Professor Joseph Flynn—Retired Superintendent of Schools. Mr. Arthur Furlong—Past Presi- dent of Dubuque Jaycees. Mr. Thomas Loosbrock—Archi• tett. Mr. Allen Stoltz—Designer. A project such as this must have a starting point. "Operation Flag' had its origin in the minds and hearts of a group of outstanding young women, who without a doubt, will be an asset as future citizens of our city. I would like to recognize Girl Scout Troop No. 54, and their leader, Mrs. Madeline Ragatz, and publicly commend them for their foresight and ini- tiative. A word of explanation as to our method of judging is in order be- fore the winners are announced. No one on the Jury was allowed to see any of the entries prior to the meeting, since they were in the possession of Mr. Gent Witten- berg, acting as Custodian of the Entries. The names of the entrants were covered to prevent us from knowing who submitted them. Each group was judged separately and we were not told which group we were judging, thereby enabling us to judge each entry on it's own merits. Each entry was close- ly scrutinized, and every accom- panying statement was fully read. After eliminating down to the three final selections in each age group, the statements were read again, this time aloud, and after lengthy discussion, we reached a final verdict. WHAT WERE WE LOOKING FOR IN A FLAG DESIGN? We realized that our selection must be of such, that it would endure through an ever changing future, and at the same time resound with the honor of a proud historical past. It must be of a design im- mediately recognizable as "The Flag" of the City of Dubuque, and of a color that would "fly tall" and significant in its pre- scribed place on the flag pole. It must be a flag that the citizens of Dubuque would be proud and happy to point out to all as "Our Flag." Dubuque is a proud city, and the image created, as our flag tlutters in the breeze for all to see, must be a proud image. AWARD #1 of a $25 U. S. Savings Bond—in the category of Grades 0-8, goes to John Jenkins, of 590 Maplewood Ct. for this en- try. John's accompanying state- ment reads as follows: "In my flag, I tried to symbolize Dubuque's past history. The blue on the bottom is a symbol of the Mississippi River, and the blue 7 T Special Session. June 19, 1967 293 on the top is a symbol of Du- buque's clear skies. On each side there are structures. To the right is the Shot Tower, and to the left is Julien Dubuque's Grave, each structure standing guard over Dubuque. On each side of the fleur-de-lis are (sic) symbols of the shot made by the Shot Tower. In the middle of the flag I put the Fleur-de-lis, as a symbol that the land around Du- buque once belonged to France." AWARD #2 of a $25 U.S. Savings Bond—in the category of Grades 9-12—goes to Zane Laugesen of 535 Southern Avenue for this entry. Zane's accompanying statement reads as follows: "This flag is to represent the fu• ture, present and past of Du- buque. The symbolizm of this flag pertains to the ever growing City of Dubuque. The yellow background is to represent the futuristic ideas and advance- ments. The Shot Tower is to re- present the 'boom' in economic and political reforms which our city has made from the past and will make in the future. Julien Dubuque's grave is to symbolize the past, and founder of our great city. For present day, I have what Dubuque is most not- ed for, and that is industry and education. First, industry has held a major role in our city, with John Deere, Dubuque Pack- ing Company and others, plus the utilities of our city. Industry brings our city good economic and moral standing which our Nation is now rapidly engaging in. Then, education with the col- legiate hat, or graduation hat. This is what every city needs to have. Advancement to prosper from the past to the future. The black arrow line is to symbolize the right road which Dubuque will follow in order to be the best city in which to live." It is my understanding that Zane's parents, Mr. and Mrs. Dale Laugesen, each submitted an en- try also. However, I feel certain they are proud that their son was a winner, but they should be com- mended for making this a family project. AWARD #3 of a $25 U.S. Sav- ings Bond—in the category of out of school, or other—goes to Mrs. Al Frommelt of 1010 Dunn Court for this entry. Mrs. Frommelt's ac- companying statement reads as fol- lows: "This flag represents the City of Dubuque in the past, present, and future. Our past was famous for not only it's founder, Julien Dubuque, but also it's position on the Father of Waters, the Mississippi River. In line with this thinking, the outer stripe of this flag is blue, One of the most significant features of our town today, as has always been, is its remarkable scenic beauty. I indi- cate this scenic beauty with the green stripe. The color green represents verdant bluffs, trees, and overall beauty of the city. I feel the future of the City of Dubuque is not only progressive, but extremely 'bright.' In keep- ing with the bright future that we have in store, I indicate this future with the yellow square— the center of the flag. In the cen- ter is the seal of Dubuque. The complete idea of this flag is sym- bolized by its layout. The pro- gression of thought exemplifying our significant past (blue), our beautiful present (green), and our bright future (yellow), leads up to and is unified by the offi- cial Seal of the City." On behalf of the Jury, I want to congratulate these winners, and all the entrants, on their excep. tional efforts and their willingness to take part in this project. Were it possible to have more than one final winner, our decision would not have been so difficult. The final winning entry, which according to the rules, was to be selected from one of these three group winners, and will become the property of the City of Du- buque, is, we feel, a design exem- plifying all the qualities previous- ly mentioned. Mr. Mayor and Gen- tlemen, this committee hopes that you, and the Citizens of Dubuque, will be in agreement with our choice, and that our local Business and Industrial Firms will repro- duce our flag on their literature and business stationery. And, after production is completed, they will display it along with our National and State Flags. The Jury's decision as to which Of }hese three designs will re- ceive the additional $25 U.S. Sav- 294 Special Session. June 19, 1967 ings Bond, and become the Offi- cial Flag of the City of Dubuque, goes to Mrs. Al Frommelt of 1010 Dunn Court, the winner of group #3. I know Mrs. Frommelt realizes what an honor it is to be a part of the recorded history of Du- buque. as designer of our City Flag. Her entry, alone, proves that she has a sense of Civic Responsi- bility and as Grand Prize Winner in this project she has proven her personal ability. Mr. Mayor, it is the recommen- dation of the Jury, that this entry be sent to a designer for final drafting and plans for production be. set in motion. I hereby submit a copy of this report to the City Clerk, to be in- cluded as part of the permanent records of the City of Dubuque. Respectfully submitted by: Mrs. Gene Mader, Chairman Councilman McCauley moved ap- proval of the recommendation and that same be received and made a matter of record. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Mayor Ludwig. Coun- cilmen McCauley, 111fohl, Pregler, Schultz. Nays—None. Councilman Pregler moved to prevail upon the City Solicitor to formalize a resolution adopting the entry of Mrs. Al Frommelt and that a copy of same be sent to Mrs. Frommelt. Seconded by Council- man Pfohl. Carried by the follow- ing vote: Yeas — Mayor Ludwig, Coun. cilmen McCauley, Pfohl, Pregler, Schultz. Nays—None. June 15, 1967 The Honorable Mayor and City Council Gentlemen: On May 24, 1967, I received a communication from Cliff Walsh of the Walsh Stores advising me that the building they are present- ly using as the Bargain Den at 12th and Iowa has been sold and will be torn down. Mr. Walsh stated he desired a new location preferably close to the present main operation at 13th and Central. The closest vacant building that would suit their pur pose is the Fuhrman Building. Mr. Walsh was contacted and in as much as the Fuhrman Building s eacant on the first floor and basement a tentative agreement has received mutual approval by myself and Mr. Walsh. The building would be rented at a monthly rental of $275.00. The rental would continue on a month to month basis with a sixty day notice to vacate period. The City would furnish the heat because of the central heating for the whole building. The second and third floors in part are rented. The Walsh Stores would assume and pay the difference in any in- surance rise that may occur be- cause of their type of occupancy. They would also be required to assume the Public Liability for their part. I do not wish to be in the build- ing rental business but we have the vacant space and the revenue will help to offset our maintenance costs. Would you please consider ap- proval of this agreement. Respectfully, Gilbert D. Chavenelle City Manager Councilman Schultz moved that the recommendation of the City Manager be approved. Seconded by Councilman Pfohl. Carried by the following vote: Yeas — Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. Nays—None. June 19, 1967 To the Honorable Mayor and City Council, Gentlemen: This is to advise that I have ap- proved the following policy and bonds and desire to have your ap- proval on same. COMPREHENSIVE LIABILITY Conrad Paint & Hardware, Inc. & Conrad Plumbing & Heating, Inc., American States Insurance Company SIDEWALK Mac Correll, Merchants Mutual Bonding Company Leo L. Furlong, DBA Overhead Door Company, United Pacific Insurance Company Respectfully, Gilbert D. Chavenelle City Manager T Special Session, June 19, 1967 295 Councilman Pregler moved that filing of the policy and bonds be approved subject to approval of the City Solicitor. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. Nays—None. June 16, 1967 Hon. Mayor & City Council Gentlemen: On March 20, 1967, Alvin H. Maus of 1075 Tressa, Dubuque, Iowa, filed claim against the City of Dubuque for damages in the amount of $112.50 as the result of back up of sewer, claiming an ac- cumulation of rocks and debris, which occurred on March 9, 1967. I referred the above claim to the appropriate agency and am advised that the City was not negligent and therefore it is the recommen- dation of the City Attorney that this claim be denied. Original claim is attached here- to. Respectfully submitted, R. N. Russo City Attorney Mayor Ludwig moved approval of the City Attorney's recommenda- tion. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. Nays—None. June 16, 1967 Hon. Mayor & City Council Re: Mrs. Richard A. Haupert Route 3—Box 258-A-2 Dubuque, Iowa Gentlemen: On January 30, 1967, Mrs. Rich- ard Haupert filed claim against the City of Dubuque as the result of injuries suffered on December 24, 1966, in a fall on an allegedly de- fective sidewalk at 1866 Washing- ton Street, Dubuque, Iowa, and suf. fered cut knee and scraped wrist. I have confered with claimant who has made an offer ofsettle- ment in the amount of $13.00 cov ering medical expenses. It is the recommendation of the City Attor- ney that said offer of settlement be made and the City Auditor be instructed to draw a warrant in the amount of $13.00 made payable to Frances Haupert and Richard Hau- pert, her husband, and transit same to the City Attorney for delivery upon receipt of a duly executed release. Original claim is attached hereto. Respectfully submitted, R. N. Russo City Attorney Councilman Pregler moved that the recommendation of the City Attorney be approved. Seconded by Councilman McCauley. Carried by the following vote: Yeas — Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays — None. June 16, 1967 Honorable Mayor and City Council Gentlemen: On April 17, 1967, Elroy L. Bend- er of 685 Jefferson St., Dubuque, Iowa, ,filed claim against the City of Dubuque in the amount of $15.25 claiming damages to his vehicle as the result of a dead limb falling on his car on April 14, 1967 at 1211 University Ave., Dubuque. I have made an investigation of this matter and have conferred with Mr. Elroy L. Bender who has made an offer of settlement in the amount of $15.25 and it is the recommendation of the City Attor- ney that said offer of settlement be accepted and the City Auditor be instructed to draw a warrant payable to Elroy L. Bender in the amount of $15.25 and transmit same to the City Attorney for de- livery upon receipt of duly exe- cuted release. Original claim is attached here- to. Respectfully submitted, R. N. Russo City Attorney Mayor Ludwig moved that the recommendation of the City At- torney be approved. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None. 96 Special Session, June 19, 1987 June 16, 1967 Honorable Mayor and City Council Gentlemen: The letter from St. Joseph Mercy Hospital dated Feb. 10, 1967, con- cerning the widening of Mazzuchcl- li Street and the agreement to dedicate to the public for street purposes certain parcels of real estate by Mercy Hospital was refer- red to the City Attorney. This is to advise that this mat- ter has been brought to a success- ful conclusion; the transfers to City of Dubuque have been re- ceived and filed and the convey- ance of real estate to Mercy Hos- pital by the City of Dubuque has been made and purchase price been received. Original letter of February 10. 1967, is returned herewith. Respectfully submitted, R. N. Russo, City Attorney Councilman McCauley moved that the communication be receiv- ed and filed. Seconded by Council- man Schultz. Carried by the fol- lowing vote: Yeas — Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None. June 19, 1967 Honorable Mayor and City Council Gentlemen: On March 16, 1967, Mrs. Jean A. Duncan of 515 Cooper Pl., Dubu- que, Iowa, filed claim for damages to her car allegedly occurring as a result of a defective condition in street at about 5th & Bluff Streets. This matter was referred to Peoples Natural Gas Company who advised this writer on June 15, 1967, that payment in the amount of $40.00 was made. In view of the foregoing, 1 recommend denial of the claim of Mrs. Jean A. Duncan and original claim is attached hereto. Respectfully submitted, R. N. Russo City Attorney Councilman McCauley moved that the recommendation of the City Attorney be approved. Second. ed by Mayor Ludwig. Carried by the following vote: Yeas — Mayor Ludwig, Council. men McCauley, Pfohl, Pregler, Schultz. Nays—None. Notice of claim of Robert J. Ca. hill of R.R. #3 in the amount of $150. for car damage incurred in making a delivery to the city dump on June 10, 1967, presented and read. Mayor Ludwig moved that the notice of claim be referred to the City Solicitor for investigation and report. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. Nays—None. June 19, 1967 Honorable Mayor and City Councilmen Gentlemen: The City Planning and zoning Commisesion has received an appli- cation for rezoning of property located on the north side of Valeria Street at the intersection of 23rd Street and described as Lots 13, 14, 15 and 16 of Schaffner's Subdivi- sion. The request is for the proper- ty to be reclassified from two fam- ily residence to multiple residence on the zoning map. The property is a portion of an abandoned stone quarry. After reviewing this re- quest it was the opinion of the Commission that any rezoning pro- posal for this area should include all of the undeveloped land in the quarry. A public hearing was held on June 15th on a proposal to reclass- ify Lots 13, 14, 15, 16 and 16A of Schaffner's Subdivision and Lot 2 of Lot 6 of Brewery's Addition and Lot 16A of Brewery's Addition from two family residence to mul- tiple residence. No one was present to speak on behalf of the proposal. A petition objecting to the pro- posal bearing 24 signatures was on file. The following persons were present and spoke in opposition to the proposal: Mr. Ed Westemeier, 338 Valeria Street Mr. Joseph }tuber, 360 Valeria Street Mr. Ray Batteram, 324 Valeria Street Mr. Wilhelm Scheele, 348 Valer- ia Street 7 Special Session, June 19, 1987 297 Mr. Joseph Digman, 380 Valeria Street It was the opinion of the Com- mission that the multiple residence provisions in the zoning ordinance would permit a higher density of dwelling units than would be desir- able for this area and that the increased traffic that would be created by a multiple family devel- opment would cause conjestion on the streets immediately adjacent to the site. It is the recommendation of the City Planning and Zoning Com- mission that the petition as sub- mitted be denied and that no change in zoning be made. Respectfully submitted, Don Gilson, Director of Planning Councilman Schultz moved that the recommendation of the Plan- ning & Zoning Commission be ap- proved. Seconded by Councilman McCauley. Carried by the follow- ing vote: Yeas — Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None. Proof of Publication, certified to by the Publisher, of notice of pub- lic hearing on Ordinance No. 25.67, which is an Ordinance to amend the Zoning Map and Zoning Ordin- ance known as Ordinance No. 3.34 so as to change the following de- scribed real estate from Single Family to Local Business District "B" classification; Lot 1 of 1 of 2 of 2 of 1 of 1 and Lot 1 of 2 of 1 of 1 and Lot 1 of 2 of 2 of 2 of 2 of 1 of 1 in Hawkeye Stock Farm Sec. 27 & 28; Lot 2 of 2 of 2 of Rudolph's Farm Sec. 27; Lot 2 of Correction Plat of Lot 1 of M. L. 246; Lot 1 of 1 of 2 of 2 of Rud. olph's Farm Sec. 27; Lot 2 of 2 of 2 of 2 of 2 of 2 of 1 of 1 of Hawk - eye Stock Farm Sections 27 & 28; Lot 2 of 1 of 2 of 2 of Rudolph's Farm Section 27; Lot 1 of 2 of 2 of 2 of 2 of 2 of 1 of 1 Hawkeye Stock Farm Sections 27 & 28; and that portion of Lot 1 of 1 of 1 of Rudolph's Farm in Section 27, TwP• 89 N. R. 2E. lying not farther than 633' from the center line of John F. Kennedy Road; and Lot 1 of 1 of I of 1 of I of 2 of I Of M. L. 244; Lot 15, Block 2 of West- side Manor Subdivision, (Yiannias property) presented and read. No written objections were filed and no oral objectors were present in the Council chamber at the time set for the public hearing. Mayor Ludwig moved that the proof of publication be received and filed. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None. ORDINANCE NO. 25-67 An Ordinance Amending and changing Ordinance No. 3.34 known as the Zoning Map and Zoning Ordinance of the City of Dubuque so as to change certain property hereinafter described from "Single Family Residence District" classification to "Local Business District "B" Classifica• tion, (Yiannias property), said Ordin- ance having been previously pre- sented and read at the Council meeting of May 22, 1967, presented for final adoption. AND IT ORDAINED OF THE CITY as the Zoning Map and Zoning ce of the City of Dubuque, Iowa, thn same Is hereby amended by ness District "b" uassuicanun, n, ra, lowing described real estate, to wit: Lot 1 of Lot 1 of Lot 2 of Lot 2 of Lot 1 of Lot 1 and Lot 1 of Lot 2 of Lot 12 of LLot 2aof Lot 2 of Lot 1 of Lot 1 all In Hawkeye Stock Farm in Sections 27 and 28, Du- buque Township, Dubuque County, Iowa, and Lot 2 of Lot 2 of Lot 2 of Ru- shiphNorth, Igli2nsoSt89 RaneEat ofh P.M., and Lot 2 of correction Plat of Lot I of Mineral Lot 246 In the City of Dubuque, Iowa; and Lot 1 of Lot I of Lot 2 of Lot 2 of Rudolph's Farm In pSection 27, town. P.M.,BandoLot 2Rof Lat22 ofsLotf25of Lot 2 of Lot 2 of Lot 2 of Lot 1 of Lot 1 Hawkeye Stock Farm In Sec- tions 27 and 28, Dubuque Township, Dubuque County, Iowa, and Lot 2 of Lot 1 of Lot 2 of Lot 2 of Rudolph's Farm in Section 27, Town- ship 89 North, Range 2 East of Sth P.M., nLot 2 of LLot 12 of Lot 2 of Lot 1 of Lot I of Hawkeye Stock Farm In Sections 27 and 28, Dubuoue Town, spphoo`tion of Lot I of iLotlI of Lot Ihat of ship �'NoFihmRanSec2ioEast' of 5th ship 99 P.M. IYing not fart er than 633 feel from the center line of John F. Kennedy Road, and of Lot I of Lot 2 off Lof I1 off LMinot eral Lot 244. r�yS Sh(.cial Session. ,lane 19, 1967 Lot 15SubdivisionoftheCity of nDubuqu, Iowa. Passed, adopted gqa66n77d approved this 191h da�IFHAI�D'LUDIIVIG Mayor MLVFTSCUTA ULEY ERINHL ELDON A. PFOHL WALTER A. PREER Councilmen Leo F. Frommelt City Clerk Published officially in The Telegraph - Herald Newspaper this 23rd day of June, 1967. Leo F. Frommelt City Clerk 11. 6-23 Councilman McCauley moved fin- al adoption of the Ordinance. Sec- onded by Councilman Schultz. Car- ried by the following vote: Yeas — Mayor Ludwig, Council- men McCauley, Pfohl, Pregler. Schultz. Nays—None. Proof of Publication, certified to by the Publisher, of notice of pub- lic hearing on Ordinance No. 26-67, a proposed Ordinance to amend the Zoning Ordinance No. 3.34, so as to change the following describ- ed real estate from Local Busi- ness District "A" Classification to Local Business District "B" Class- ification (Yiannias property) Lot 2 of 1 of 1 of Rudolph's Farm Sec- tion 27; Lot 2 of 1 of 2 of 2 of 1 of 1 of Hawkeye Stock Farm Sec- tions 27 and 28; Lot 1 of 2 of Rudolph's Farm Section 27 Twp 89 N. Range 2E; Lot 1 of 2 of 2 of 2 of 1 of 1 of Hawkeye Stock Farm Sections 27 and 28 in Dubuque Twp. presented and read. No written objections were filed and no oral objectors were present in the Council Chamber at the time set for the public hearing. Mayor Ludwig moved that the proof of publication be received and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Ludwig, Council. men McCauley, Pfohl, Pregler, Schultz. Nays—None. ORDINANCE NO. 26-67 An Ordinance Amending and changing Ordinance No. 3-34 known as the Zoning Map and Zoning Ordinance of the City of Dubuque so as to change certain property hereinafter described from "Local Business District "A" classification to "Local Busi- ness District "B" Classification (Yiannias property) said ordinance having been pre viously presented and read at the Council meeting of May 22, 1967, presented for final adoption. ORDINANCE NO. 2"? _ THEREFORE BE IT ORDAINED E CITY COUNCIL OF CITY OF UE, IOWA: n 1. That Ordinance No. 3.34 as the Zoning Map and Zoning ce of the City of Dubuque, Iowa, the same is hereby amended by F from "Local Business District lassification to "Local Business "B" Classification, the following Lot 2 of Lot 1 of Lot 1 of Rudolph's srm in Section 27, Township 89 Drth, Range 2 East of 5th P.M. id Lot 2 of Lot 1 of Lot 2 of Lot of Lot 1 of Lot 1 of Hawkeye Farm Sections 27 and 28, Dubuque Lot 1 of Lot 2 of Rudolph's Farm in Section 27, Township 89 North, Range 2 East of 5th P.M. and Lot 1 of Lot 2 of Lot 2 of Lot 2 of Lot 1 of Lot 1 of Hawkeye Stock Farm in Sections 27 and 28, Du- buque Township, Dubuque County, Iowa. Passedv, adopted and approved this 19th daRICHARD LUDWIG Mayor M. SYLVESTER McCAULEY MERLIN F. SCHULTZ ELDON A. PFOHL WALTER A. PREGLER Councilmen ATTEST: Leo F. Frommelt City Clerk Published officially in The Telegraph - Herald Newspaper this 23th day of June, 1967. Leo F. Frommelt City Clerk It. 6-23 Councilman Pregler moved final adoption of the Ordinance. Second- ed by Councilman Schultz. Carried by the following vote: Yeas — Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz, Nays—None. ORDINANCE NO. 28.67 An Ordinance Amending Ordin- ance No. 3349, known as the "Traffic Code of Dubuque, Iowa" as amended, by repealing Sub- section 1 of Section D of Sched- ule III thereof requiring north- bound vehicles to stop before entering the intersection of Sec- ond and Iowa Streets and by re- pealing Section "U" of Schedule II thereof and enacting a new section "U" of Schedule 11 thereof to provide that Iowa Street is a through street from East First Street to the South Property line of West Fourth Street and from the North Prop. erty line of West Fourth Street to the South Property Line of West Seventeenth Street, presented and read. Special Session, June 19, 1967 09, Councilman Schultz moved that the reading just had be considered the first reading of the Ordinance. Seconded by Councilman McCau- ley. Carried by the following vote: Yeas — Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None. Councilman Schultz moved that the rule requiring an ordinance to be read on three separate days be waived. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None. ORDINANCE No. 9&67 NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Ordinance No. 33-49 known as the "Traffic Code of Dubuqu Iowa"as amended, be and the same Is hereby amended by repealing Subsection 1 of Section O of Schedule 111 thereof and that the same is hereby repealed. Section 2. That Ordinance No. 33-49, known as the "Traffic Code of Dubuque, Iowa" as amended, be and the some Is hereby amended by repealing Section U of Schedule II thereof and enacting a new Section U in lieu thereof as follows: "SCHEDULE II. U. Iowa Street from East First Street to the south property line of West Fourth Street and from the north Property line of West Fourth Street to the south property llne of West Seventeenth Street." Passed, adopted and approved this 191h day of June, 1%7. RICHARD LUDWIG Mayor M. SYLVESTER MCCAULEY MERLIN F. SCHULTZ EL.DON A PFOHL WALTER A. PREGLER Attest: Councilmen Leo F. Frommell City Clerk PlwDlistted officall, In the Telegraph- Heralld Newspaper this 23rd day of June 1967. Leo F. Frommell 1 t 6-23 City Clerk Councilman Schultz moved final adoption of the Ordinance. Second- ed by Councilman Pfohl. Carried by the following vole: Yeas—Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None, ORDINANCE NO. 29.67 An Ordinance amending Ordi- nance No. 33.49, known as the "Trarfic Code of Dubuque, Iowa" Os emended by enacting a new subsection 6 to Section F of Schedule III thereof and by en- acting a new subsection 7 to Section F of Schedule III thereof to provide that sounth bound vehicles must stop before enter- ing the intersection of Gatfield Avenue and Johnson Street and the intersection of Garfield Av enue and Kniest Street, presented and read. Councilman Schultz moved that the reading just had be considered the first reading of the Ordinance, Seconded by Councilman McCau- ley. Carried by the following vote: Yeas—Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None. Councilman Schultz moved that the rule requiring an ordinance to be read on three separate days be waived. Seconded by Councilman Pregler. Carried by the follow- ing vote: Yeas—Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None. ORDINANCE No. 29-67 AN ORDINANCE AMENDING ORDI- NANCE No. 33-49 KNOWN AS THE "TRAFFIC CODE` OF DUBUQUE, IOWA" AS AMENDED BY ENACTING A NEW SUBSECTION 6 TO SECTION F OF SCHEDULE III THEREOF AND BY ENACTING A NEW SUBSECTION 7 TO SECTION F OF SCHEDULE III THEREOF TO PROVIDE THAT SOUTH FOUND VEHICLES MUST STOP BE- I ORE ENTERING THE INTERSECTION OF GARFIELD AVENUE AND JOHN- SON STREET AND THE INTERSEC. TION OF GARFIELD AVENUE AND KNIEST STREET. NOW THEREFORE BE IT ORDAINFD BY THE CITY COUNCIL OF THE CI'iY OF DUBUQUE, IOWA: Section 1. That Ordinance No. 33-49, known as the "Traffic Code of Dubuque, luwva" as amended, be and the same Is hereby amended by enacting a new Scbsectlon 6 of Section F thereof of Schedule III thereof and by enacting a new Subsection 7 of Section F of Sched- ule III thereof as follows to wit: -SCHEDULE III F. 6. Garfield Avenue and Johnson Street; seleladteUeapr1etPasd optedand approved 191h dayof June, 1967. RICHARD LUDWIG Mayor MERLIN F. SCCCHULTZAULEY ELDON A PFOHL WALTER A. PREGLR oE llmen Attest: Leo F. From kmelf Publl= officially in The Telegraph Herald Newspaper this 23rd dar of June 1 %7. Leo F City Clerk »elt 1 t, 6/23 3M Special Session, June 19, 1967 Councilman Schultz moved final adoption of the Ordinance. Sec- onded by Councilman Pfohl. Car- ried by the following vote: Yeas—Mayor Ludwig, Council- men McCauley, Pfohl, Pregler. Schultz. Nays—None. ORDINANCE NO. 30.67 An Ordinance am^nding Ordi- nance No. 33.49, known as the "Traffic Code of Dubuque, Iowa" as amended by enacting a new subsection 15 to Section A of Schedule III thereof and by en- acting a new subsection 17 to Section B of Schedule III thereof to provide that East and West bound vehicles must stop before entering the interestion of Syca- more and East Fifteenth Street and providing that north and south bound vehicles must stop before entering the interestion of Lincoln Avenue and Johnson Street, presented and read. Councilman Schultz moved that the reading just had be considered the first reading of the Ordinance. Seconded by Councilman McCauley. Carried by the following vote: Yeas—Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None. Councilman Schultz moved that the rule requiring an ordinance to be read on three separate days be waived. Seconded by Councilman Pregler. Carried by the following vote: Yeas—Mayor Ludwig, Council. men McCauley, Pfohl, Pregler Schultz. Nays—None. IT ORDAINED OF THE CITY becnon 1 That Ordinance No. 33-49, known as the "Traffic Code of Dubuque, I uwa" as amended, be and the same is hereby amended by enacting a new Sub- section 15 to Section A of Schedule III A. 15. Sycamore and E a s t 15th Street." Section 2 Th�t Ordleance No. 3349, known as the " r.9Ic ode of Dubuque, Iowa" as amend eead be and , the same Is bar v amended b enacting a new Su fheroenn 17 tfollSed on B of Schedule SCHEDULE III 117. Lincoln Avenue and Johnson Shf." Paseased,adoVVpted and approved this 19th daR1of We' 7. LUDWIG Mayor M SVLVEST R M AULEY ELDONNR A 'p C�H►UL Z WALTEA. PREGLECouncilmen ATCL}Fy�- �. FROMMELT Pgblished offlcia% In The Telegraph - Herald Newspaper MIs 23rd day of June, 1967' Leo F. Frommelt City Clerk 1t. 6 73 councilman Schultz moved final adoption of the Ordinance. Sec- onded by Councilman Pfohl. Car- ried by the following vote: Yeas—Mayor Ludwig, Council. men McCauley, Pfohl, Pregler, Schultz. Nays—None. ORDINANCE NO. 31.67 An Ordinance Amending Ordin- ance No. 33-49, known as the "Traffic Code of Dubuque, Iowa" as amended, by repealing Sub- section 27 of Schedule VI thereof which prohibited the parking of motor vehicles on the southeast- erly side of Rhomberg Avenue from Chicago and Great Western Railroad tracks to Marshall Street and by enacting a new Subsection 27 of Schedule VI to provide that parking of motor vehicles is prohibited on the southeasterly side of Rhomberg Avenue from Elm Street to Kniest Street and by enacting a new subsection 95 of Schedule VI to prohibit the parking of motor vehicles on the East side of Maple Street from Sixteenth Street to Seventeenth Street, presented and read. Councilman Schultz moved that the reading just had be considered the first reading of the Ordinance. Seconded by Councilman McCau- ley. Carried by the following vote: Yeas — Mayor Ludwig, Council. men McCauley, Pfohl, Pregler, Schultz. Nays — None. Councilman Schultz moved that the rule requiring an Ordinance to be read on three separate days be waived. Seconded by Councilman Pregler. Carried by the following vote: T ..L SPU631 Session. June 19, 1967 3fll Yeas — Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None. ORDINANCE No 31-67 Section 1 That Ordinance No. 33.49, known as the "Traffic Code of Dubuque. Iowa," as amended. be and the same Is hereby amended by repealing Subsec. tion 27 Of Schedule VI thereof and enact- ing a new Subsection 27 of Schedule VI thereof as follows: "SCHEDULE VI 27. On the southeasterly side of Rhom- berg Avenue from Elm Street to Kniest Street." Section 2 That Ordinance No. 33.49, known as the "Traffic Code of Dubuque, Iowa, as amended, be and the same Is hereby amended by enacting a new Sub,:ection 95 of Schedule VI thereof as follows: "SCHEDULE VI 95. On the East side of Maple Street from 16th Street to 17th Street." Passed, adopted and approved this 19th day of June, 1967. Richard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler Councilmen Attest Leo F. Frommelt City Clerk. Published officially In The Telegraph. Herald Newspaper this 23rd day of June 1967. Leo F. Frommelt City Clerk It. 6/23 Councilman Schultz moved final adoption of the Ordinance. Second- ed by Councilman Pfohl. Carried by the following vote: Yeas — Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None. ORDINANCE NO. 32-67 An Ordinance amending Ordi- nance No. 33.49, known as the "Traffic Code of Dubuque, Iowa" as amended, by enacting a new Section 16.23 thereof to provide that vehicles shall not be parked at any time for a longer period than fifteen minutes on the southeasterly side of Rhomberg Avenue from Kniest Street to Marshall Street, presented and read. Councilman Schultz moved that the reading just had be considered the first reading of the Ordinance. Seconded by Councilman McCau. ley. Carried by the following vote: Yeas—Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None. Councilman Schultz moved that the rule requiring an Ordinance to be read on three separate days be waived. Seconded by Council- man Pregler. Carried by the fol. lowing vote: Yeas—Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None. ORDINANCE No. 32-67 AN ORDINANCE AMENDING ORDI- NANCE No. 33-49 KNOWN AS THE TRAFFIC CODE OF DUBUQUE, IOWA" AS AMENDED, BY ENACTING A NEW SECTION 16.23 THEREOF TO PROVIDE THAT VEHICLES SHALL NOT BE PARKED AT ANY TIME FOR A LONGER PERIOD THAN FIFTEEN MINUTES ON THE SOUTHEASTERLY SIDE OF RHOMBERG AVENUE FROM KNIEST STREET TO MARSHALL BE IT ORDAINED UNCIL OF THE CITY Section 1. That Ordinance No. 33.49, known as the "Traffic Code of Dubuque. Iowa, as amended, be and the same is hereby amended by enacting a new Section 16.23 thereto as follows: "16.23 Vehicles shall not be parked at any time for a longer time than 15 minutes on the southeasterly side of Rhomberg Avenue from Kniest Street to Marsha) Street." Passed, adopted and approved this 19th day of June, 1967. Richard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler Councilmen Attest: Leo F. Frommelt City Clerk Published officially In The Telegraph - Herald Newspaper this 23rd day of June 1967. Leo F. Frommelt City Clerk. 1t. 6/23 Councilman Schultz moved final adoption of the Ordinance. Second- ed by Councilman Pfohl. Carried by the following vote: Yeas --Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None. Petition of Grandview Plaza Apartments requesting installation of a street light on Julien Dubuque Drive between Grandview Ave. and Louis Aturphy Park, presented and read. Councilman Pregler moved that the petition be referred to the Manager and Faectrical Inspector for investigation and report. Sec- onded by Councilman Pfohl. Car- ried by the following vote: gpg Special Session, June 19, 1967 Yeas—Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None. Petition of Peoples Natural Gas requesting permission to excavate on Windsor near Burden, present- ed and read. Councilman Pregler moved that the petition be granted. Seconded by Councilman Schultz. Carried by the following vote: Yeas—Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None. Petition of Peoples Natural Gas requesting permission to excavate in 12th street and 14th street, both off White Street, presented and read. Councilman Schultz moved that the petition be granted. Seconded by Councilman McCauley. Carried by the following vote: Yeas --Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None. Petition of Peoples Natural Gas requesting permission to excavate in Irving Street, Decorah Street, Green Street and Cherry Street, presented and read. Councilman Pregler moved that the petition be granted subject to approval of the City Engineer. Seconded by Councilman Schultz. Carried by the following vote: Yeas—Mayor Ludwig, Council- men McCauley, Pfohl, Pregler. Schultz, Nays—None. RESOLUTION NO. 166.67 Resolution accepting delivery of grant of easement for flood pro- tection works. WHEREAS, Flynn Ready -Mix Concrete, as Lessee of City of Du. buque has executed and delivered to City of Dubuque, Iowa, a grant of temporary easement in, on, over, and across the following described real estate, to wit: A tract of land in Lot 9 of the Subdivision of Block 4 in River Front Subdivision No. 2 in the City of Dubuque, Iowa, accord- ing to the recorded Plat there- of, as outlined in red and crosshatched on the attached Plat, marked Exhibit "A" and by this reference made a part hereof. The rights of Grantee under this temporary Flood Control Easement Deed shall terminate on December 31, 1971, in connection with City of Dubuque Flood Control Plan. NOW THEREFORE BE IT RF - SOLVED BY THE CITY COUNCII. OF THE CITY OF DUBUQUE, IOWA: Section 1. Delivery of grant of perpetual easement to City of Du- buque, Iowa by Flynn Ready -Mix Concrete, as Lessee of City of Du- buque dated this 12th day of May, 1967, be and the same is hereby accepted by the City of Dubuque, Iowa. Section 2. That the City Clerk be and he is hereby ordered to execute the certificate of Clerk af- fixed to such granting instrument and cause said grant of perpetual easement to be recorded in the office of the Recorder in and for Dubuque County, Iowa, together with this Resolution. Passed, adopted and approved this 19 day of June, 1967. Richard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler Councilmen Attest: Leo F. Frommelt, City Clerk Councilman Schultz moved adop- tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None. RESOLUTION NO. 167-67 Resolution Accepting Delivery of grant of easement for flood pro- tection works. WHEREAS, Flynn Ready -Mix Concrete, as Lessee of City of Du- buque has executed and delivered to City of Dubuque, Iowa, a grant of perpetual easement in, on, over, and across the following described real estate, to wit: Certain tracts of land in Lot 9 of the Subdivision of Block 4 in River Front Subdivision No. 2 in the City of Dubuque, Iowa, ac- cording to the recorded Plat thereof, as outlined in red and 1 Special Session, June 19, 1967 313 cross -hatched on the attached Plat, marked Exhibit "A" and by this reference made a part hereof, in connection with City of Du- buque Flood Control Plan. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Delivery of grant of perpetual easement to City of Du- buque, Iowa by Flynn Ready -Mix Concrete, as Lesee of City of Du- buque dated the 12th day of May, 1967, be and the same is hereby accepted by the City of Dubuque, Iowa. Section 2. That the City Clerk be and he is hereby ordered to exe- cute the certificate of Clerk af. fixed to such granting instrument and cause said grant of perpetual easement to be recorded in the office of the Recorder in and for Dubuque County, Iowa, together with this Resolution. Passed, adopted and approved this 19 day of June, 1967. Richard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler Councilmen Attest: Leo F. Frommelt, City Clerk Councilman Schultz moved adop- tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Ludwig, Council- men McCauley, Pfohl, Pregler. Schultz, Nays—None. RESOLUTION NO. 168-67 Resolution accepting delivery of Grant of Easement for flood pro- tection works. WHEREAS, Dubuque Stone Pro- ducts Co. has executed and deliv- ered to City of Dubuque, Iowa, a grant of temporary easement in, on, over, and across the following described real estate, to wit: A tract of land in Lot 1 of Lot 1 in Boat Yard Addition and a tract of land in Lot 2 in Boat Yard Addition in the City of Du- buque, Iowa, according to the recorded Plat thereof, which tracts are outlined in red and crosshatched on the Plat attach. ed hereto, marked Exhibit "A" and by this reference made a Part hereof, in connection with City of Du- buque Flood Control Plan. NOW THEREFORE, BE IT RE. SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section I. Delivery of grant of perpetual easement to City of Du- buque, Iowa by Dubuque Stone Products Co. dated the 22nd day of May, 1967, be and the same is hereby accepted by the City of Dubuque, Iowa. Section 2. That the City Clerk be and he is hereby ordered to exe- cute the certificate of Clerk af- fixed to such granting instrument and cause said grant of perpetual easement to be recorded in the office of the Recorder in and for Dubuque County, Iowa, together with this Resolution. Passed, adopted and approved this 19 day of June, 1967. Richard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler Councilmen Attest: Leo F. Frommelt, City Clerk Councilman Schultz moved adop- tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None. RESOLUTION NO. 169.67 Resolution accepting delivery of grant of easement for flood pro- tection works. WHEREAS, Dubuque Stone Pro- ducts Co. has executed and deliver- ed to City of Dubuque, Iowa, a grant of perpetual easement in, on, over, and across the following described real estate, to wit: A tract of land lying within the following: Lot 2 of Lot 1 of Lot 2 of Mineral Lot 305A, Ferry Landing and Vacated Main Street in the City of Dubuque, Iowa, according to the recorded Plat thereof, which tract is outlined in red and cross -hatched on the ;304 Special Session, June 19, 1967 Plat attached hereto, marked Ex- hibit "A" and by this reference made a part hereof, in connection with City of Dubuque Flood Control Plan. NOW THEREFORE BE IT RE- SOLVED B THE F COUNCIL OFTHE CITYODUBUQUE, IOWA: Section 1. Delivery of grant of perpetual easement to City of Du- buque, Iowa by Dubuque Stone Products Co. dated this 22nd day of May, 1967, be and the same is hereby accepted by the City of Dubuque, Iowa. Section 2. That the City Clerk be and he is hereby ordered to execute the certificate of Clerk affixed to such granting instru- ment and cause said grant of per. petual easement to be recorded in the office of the Recorder in and for Dubuque County, Iowa, togeth- er with this Resolution. Passed, adopted and approved this 19 day of June, 1967. Richard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler Councilmen Attest: Leo F. Frommelt, City Clerk Councilman Schultz moved adop- tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None. RESOLUTION NO, 170-67 Resolution Accepting Delivery of Grant of Easement for Flood Protection Works. WHEREAS, Dubuque Stone Pro- ducts Co. has executed and deliv- ered to City of Dubuque, Iowa, a grant of perpetual easement in, on, over, and across the following de- scribed real estate, to wit: A tract of land lying within the following: Lot 2 of Lot 1 of Got 2 of Mineral Lot 305A, Ferry Landing and Vacated Main Street in the City of Dubuque, Iowa, according to the recorded Plat thereof, which tract is out. lined in red and crosshatched on the Plat attached hereto, marked Exhibit "A" and by this reference made a part hereof, in connection with City of Du- buque Flood Control Plan. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Delivery of grant of perpetual easement to City of Du- buque, Iowa by Dubuque Stone Products Co. dated the 22nd day of May, 1967, be and the same is hereby accepted by the City of Dubuque, Iowa. Section 2. That the City Clerk be and he is hereby ordered to exe- cute the certificate of Clerk af- fixed to such granting instrument and cause said grant of perpetual easementt to be recorded in the of. fice of the Recorder in and for Du- buque County, Iowa, together with this Resolution. Passed, adopted and approved this 19th day of June, 1967. Richard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler Councilmen Attest: Leo F. Frommelt City Clerk Councilman Schultz moved adop- tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Ludwig Coun- cilmen McCauley, Pfohl, Pregler, Schultz. Nays—None. RESOLUTION NO. 171.67 Resolution Accepting Delivery of Grant of Easement for Flood Pro- tection Works. WHEREAS, Caradco, incorpo- rated has executed and delivered to City of Dubuque, Iowa, a grant of perpetual easement in, on, over, and across the following described real estate, to wit: A tract of land in Block 1 in River Front Subdivision No. 2, in the City of Dubuque, Iowa, ac- cording to the recorded Plat thereof, which tract is cross- hatched and outlined in red on the Plat attached hereto, marked Exhibit "A" and by this refer- ence made a part hereof, Special Session, June 19, 1967 305 in connection with City of Dubuque Flood Control Plan. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Delivery of grant of perpetual easement to City of Du- buque, Iowa by Caradco, Incorpo- rated dated the 12th day of May, 1967, be and the same is hereby accepted by the City of Dubuque, Iowa. Section 2. That the City Clerk be and he is hereby ordered to execute the certificate of Clerk af- fixed to such granting instrument and cause said grant of perpetual easement to be recorded in the office of the Recorder in and for Dubuque County, Iowa, together with this Resolution. Passed, adopted and approved this 19th day of June, 1967. Richard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler Councilmen Attest: Leo F. Frommelt City Clerk Councilman Schultz moved adop- tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. Nays—None. RESOLUTION NO. 172.67 Resolution Accepting Delivery of Grant of Easement for Flood Protection Works. WHEREAS, Caradco, Incorpo- rated has executed and delivered to City of Dubuque, Iowa, it grant of perpetual easement in, on, over, and across the following described real estate, to wit: Block 2 in River Front Subdivi- sion No. 2 in the City of Du- buque, Iowa, according to the re- corded Plat thereof, copy of which Plat is attached hereto, marked Exhibit "A" and by this reference made a part hereof, in connection with City of Du- buque Flood Control Plan. NOW TIIERF.FORE BE 1T RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Delivery of grant of perpetual easement to City of Du- buque, Iowa by Caradco, Incorpo- rated dated the 12th day of May, 1967, be and the same is hereby accepted by the City of Dubuque, Iowa. Section 2. That the City Clerk be and he is hereby ordered to execute the certificate of Clerk af- fixed to such granting instrument and cause said grant of perpetual easement to be recorded in the of- fice of the Recorder in and for Dubuque County, Iowa, together with this Resolution. Passed, adopted and approved this 19th day of June, 1967, Richard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler Councilmen Attest: Leo F. Frommelt City Clerk Councilman Schultz moved adop- tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. Nays—?None. RESOLUTION NO. 173.67 Resolution Accepting Delivery of Grant of Easement for Flood Protection Works. WHEREAS, T. Robert Ibinger and Janet M. Winger has executed and delivered to City of Dubuque, Iowa, a grant of perpetual ease- ment in, on, over, and across the following described real estate, to wit: A tract of land, being portions of Lot 1 of Lot 2 of Lot 1, Lot 1 of Lot 2 of Lot 2 and Lot 1 of Lot 2, of Block 8; and Lot 2 of Block 7, in River Front Subdivi- sion No. 3, in the City of Du- buque, Iowa, according to the recorded Plat thereof, which tract is outlined in red and cross. hatched on the Plat attached hereto, marked Exhibit "A" and by this reference made a part hereof, ,W) Special Session, June 19, 1967 in connection with City of Dubuque Flood Control Plan. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Delivery of grant of perpetual easement to City of Du- buque, Iowa by T. Robert Ibinger and Janet M. Ibinger dated the 11th day of May, 1967, be and the same is hereby accepted by the City of Dubuque, Iowa. Section 2. That the City Clerk be and he is hereby ordered to execute the certificate of Clerk af. fixed to such granting instrument and cause said grant of perpetual easement to be recorded in the of- fice of the Recorder in and for Dubuque County, Iowa, together with this Resolution. Passed, adopted and approved this 19th day of June, 1967. Richard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler Councilmen Attest: Leo F. Frommelt City Clerk Councilman Schultz moved adop- tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Ludwig, Coun. cilmen McCauley, Pfohl, Pregler, Schultz. Nays—None. RESOLUTION NO. 174.67 Resolution accepting delivery of grant of easement for flood pro- tection works. WHEREAS, Dubuque Boat Club, Inc, has executed and delivered to City of Dubuque, Iowa, a grant of perpetual easement in, on, over, and across the following described real estate, to wit: Two tracts of land included in the following: Lots 350, 351, 352, 353 and Part of Lot 354 in Ham's Addition, in the City of Dubu. que, Iowa, according to the re- corded Plat thereof, which tracts are outlined in red and in heavy broken lines on the Plat attached hereto, marked Exhibit "A" and by this reference made a part hereof, in connection with City of Dubu. que Flood Control Plan. NOW THEREFORE BE IT RE. SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Delivery of grant of perpetual easement to City of Du. buque, Iowa by Dubuque Boat Club, Inc. dated the 7tb day of June, 1967, be and the same is hereby accepted by the City of Du- buque, Iowa. Section 2. That the City Clerk be and he is hereby ordered to exe- cute the certificate of Clerk affixed to such granting instrument and cause said grant of perpetual ease- ment to be recorded in the office of the Recorder in and for Dubu- que County, Iowa, together with this Resolution. Passed, adopted and approved this 19th day of June, 1967, Richard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler Councilmen Attest: Leo F. Frommelt, City Clerk Councilman Schultz moved adop- tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None. RESOLUTION NO. 175-67 Resolution accepting delivery of grant of easement for flood pro- tection works. WHEREAS, Dubuque Lumber Co. has executed and delivered to City of Dubuque, Iowa, a grant of perpetual easement in, on, over, and across the following described real estate, to wit: Certain parcels of land in Me- Craney's Eagle Point Addition to the City of Dubuque, Iowa, as outlined in red and crosshatch- ed on the plat attached hereto, marked Exhibit "A" and by ref- erence made a part hereof. in connection with City of Dubu- que Flood Control Plan. NOW ThEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Special Session, June 19, 1%7 307 Section 1. Delivery of grant of perpetual easement to City of Du- buque, Iowa by Dubuque Lum- ber Co. dated the 12th day of May, 1967, be and the same is hereby accepted by the City of Dubuque, Iowa. Section 2. That the City Clerk be and he is hereby ordered to exe- cute the certificate of Clerk affixed to such granting instrument and cause said grant of perpetual ease- ment to be recorded in the office of the Recorder in and for Dubu- que County, Iowa, together with this Resolution. Passed, adopted and approved this 19th day of June, 1967. Richard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler Councilmen Attest: Leo F. Frommelt, City Clerk Councilman Schultz moved adop- tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Ludwig, Council. men McCauley, Pfohl, Pregler, Schultz. Nays—None. RESOLUTION NO. 176-67 Resolution Accepting Delivery of Grant of Easement for Flood Protection Works. WHEREAS, Dubuque Packing Company has executed and deliv- ered to City of Dubuque, Iowa, a grant of perpetual easement in, on, over, and across the following de- scribed real estate, to wit: Lot 1 of Lot 1 of Block 8, in River Front Subdivision No. 3 in the City of Dubuque, Iowa, ac- cording to the Plat thereof in Book of Plats #29. page 361, (and amended in Affidavit, Book of Affidavits X19, page 111) rec- ords of Dubuque County, Iowa. Subject to easements, rights, res- ervations and privileges of rec- ord, in connection with City of Dubuque Flood Control Plan. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Delivery of grant of Perpetual easement to City of Du. buque, Iowa by Dubuque Packing Company dated the 19th day of ,Tune, 1967, be and the same is hereby accepted by the City of Dubuque, Iowa. Section 2. That the City Clerk be and he is hereby ordered to exe- cute the certificate of Clerk af. fixed to such granting instrument and cause said grant of perpetual easement to be recorded in the office of the Recorder in and for Dubuque County, Iowa, together with this Resolution. Passed, adopted and approved this 19th day of June, 1967. Richard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Walter A Pregler Councilmen Attest: Leo F. Frommelt City Clerk Councilman Schultz moved adop- tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. Nays—None. RESOLUTION NO. 177-67 Resolution Accepting Delivery of Warranty Deed from Dubuque Packing Company. WHEREAS, a warranty deed con- veying the following described real estate, to wit: Block 1 in Dubuque Packing Company Addition, in the City of Dubuque, Iowa, according to the Plat thereof in Book of Plats No. 28, page 149, subject to ease- ments and reservations of rec. ord. To City of Dubuque, Iowa has been delivered. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That delivery of war- ranty deed to City of Dubuque, Iowa by Dubuque Packing Compa- ny, which deed is dated June 19, 1967, covering the above described real estate be and the Citis here- by - the same accepted by y buque, Iowa. ;305 Special Session, June 19, 1967 Section 2. That the City Clerk be and he is hereby ordered and directed to record said deed in the office of the recorder in and for Dubuque County, Iowa. Passed, adopted and approved this 19th day of .Tune, A.D., 1967. Richard Ludwig Mayor M. Syl-,?ester McCauley Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler Councilmen Attest: Leo F. Frommelt City Clerk Councilman Schultz moved adop- tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. Nays—None. Proof of Publication, certified to by the Publisher, of notice to contractors of the receipt of pro- posals for the construction of City of Dubuque 1967 Concrete Curb & Gutter Project No. 1 on: 1. Flora Park from N.P.L. of Penn- sylvania Avenue north 200' along W.P.L. of Flora Park. 2. Highway #20 — Devon Drive Stack -Up lane, presented and read. Councilman Pfohl moved that the proof of publication be re- ceived and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. Nays—None, June 19, 1967 To the Honorable Mayor and City Council Gentlemen: Pursuant to your instructions, sealed bids were received until 10:00 A.M., Monday, June 19, 1967 for the City of Dubuque 1967 Con. crete Curb and Gutter Project No. 1. The lowest bid received was en- tered by Tri-State Paving Compa- ny of Dubuque, Iowa. Their bid was 1.38% over the estimate. I recommend that the contract for the improvement be awarded to the Tri-State Paving Company of Dubuque, Iowa. Very truly yours, Gilbert D. Chavenelle City Manager Councilman Schultz moved that the recommendation of the City Manager be approved. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Ludwig, Coun. cilmen McCauley, Pfohl, Pregler, Schultz. Nays—None. (Awarding Contract) RESOLUTION NO. 178-67 WHEREAS, sealed proposals have been submitted by contrac- tors for the City of Dubuque -1967 Concrete Curb and Gutter Project No. 1 pursuant to Resolution No. 129-67 and notice to bidders pub- lished in a newspaper published in said City on May 26, 1967 and .June 2, 1967 and WHEREAS, said sealed propos- als were opened and read on June 19, 1967, and it has been deter- mined that the bid of Tri-State Paving Company of Dubuque, Iowa in the amount of $8,542.75 was the lowest bid for the furnishing of all labor and materials and perform- ing the work as provided for in the plans and specifications; now therefore, BE IT RESOLVED by the City Council of the City of Dubuque that the contract for the above mentioned improvement be award- ed to Tri-State Paving Company and the Manager be and he is here- by directed to execute a contract on behalf of the City of Dubuque for the complete performance of said work. BE IT FURTHER RESOLVED, that upon the signing of said con- tract and the approval of the con- tractors bond the City Treasurer is authorized and instructed to re- turn the bid deposits of the unsuc- cessful bidders. Passed and adopted this 19th day of .June, 1967. Richard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler Attest: Councilmen Leo F. Frommelt City Clerk Special Session, June 19, 1967 gpg Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. Nays—None. Proof of Publication, certified to by the Publisher, of notice to con- tractors of the receipt of proposals for the construction of City of Du- buque 1967 Hot Mix -Hot Laid As- phaltic Concrete Paving Project No. 1 on: 1. Bryant Street from N.P.L. of Grandview Ave. to the S.P.L. of Dodge Street. 2. Grandview Avenue from the E.P.L. of Southern Avenue to the W.P.L. of Kerrigan Road. 3. Madison Street from the N.P.L. of 17th Street to the S.P.L. of Clarke Drive. 4. Main Street from the N.P.L. of Railroad Avenue to the S.P.L. of Jones Street. 5. White Street from the N.P.L. of 10th Street to the S.P.L. of 22nd Street, presented and read. Mayor Ludwig moved that the proof of publication be received and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. Nays—None. June 19, 1967 To the Honorable Mayor and City Council Gentlemen: Pursuant to your instructions, sealed bids were received until 10.00 A.M., Monday, June 19, 1967 for the City of Dubuque 1967 Hot Mix -Hot Laid Asphaltic Concrete Paving Project No, 1. The lowest bid received was entered by Mul- grew Blacktop Inc. of Dubuque, Iowa. Their bid was 29.09% under the estimate. I recommend the contract for the improvement be awarded to the Mulgrew Blacktop, Inc. of Du- buque, Iowa. Very truly yours, Gilbert D. Chavenelle City Manager Councilman Schultz moved that the recommendation of the City Manager be approved. Seconded by Mayor Ludwig. Carried by the fol. lowing vote: Yeas — Mayor Ludwig, Coun. cilmen McCauley, Pfohl, Pregler, Schultz. Nays --None. (Awarding Contract) RESOLUTION N0, 179-67 WHEREAS, sealed proposals have been submitted by contract- ors for the City of Dubuque 1967 Hot Mix• Hof Laid Asphaltic Concrete Pay. ing Project No. 1 pursuant to Resolution No. 132-67 and notice to bidders published in a newspaper published in said City on May 26, 1967 and June 2, 1967; and WHEREAS, said sealed proposals were opened and read on June 19, 1967, and it has been determined that the bid of Mulgrew Blacktop, Inc, of Center Grove, Iowa in the amount of $95,207.44 was the low- est bid for the furnishing of all labor and materials and perform- ing the work as provided for in the plans and specifications; now therefore, BE IT RESOLVED by the City Council of the City of Dubuque that the contract for the above mentioned improvement be award- ed to Mulgrew Blacktop, Inc. and the Manager be and he is hereby directed to execute a contract on behalf of the City of Dubuque for the complete performance of said work. BE IT FURTHER RESOLVED, that upon the signing of said con- tract and the approval of the contractors bond the City Treasur- er is authorized and instructed to return the bid deposits of the un- successful bidders. Passed and adopted this 19th day of .lune, 1967. Richard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler Councilmen Attest: Leo F. Frommelt, City Clerk Mayor Ludwig moved adoption of the resolution. Seconded by Councilman Schultz. Carried by the following vote: 310 Special Session, June 19, 1967 Yeas — Mayor Ludwig, Council. men McCauley, Pfohl, Pregler, Schultz. Nays—None. Proof of Publication, certified to by the Publisher, of notice to con- tractors of receipts proposals for the construction of City of Du- buque 1967 Bituminous Concrete Paving Project No. 1 on 1. Airport, parking lot and T - Hanger. 2, North Algona from N.P.L. of University Avenue to the S.P.L. of Loras Boulevard. 3. Bennett Street from the W.P.L. of Grandview Avenue to the E.P.L. of McCormick Street. 4. Eagle Point Park Roadway. 5. Flora Park, Parking lot at Green Street and Bunkerhill Road. 6. Grace Street from E.P.L. of McCormick Street to the W.P.L. of Grandview Avenue. 7. Merz Street from the E.P.L. of Windsor Avenue to the W.P.L. of Althauser street, presented and read. Mayor Ludwig moved that the proof of publication be received and filed. Seconded by Council- man McCauley. Carried by the fol- lowing vote: Yeas — Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None. June 19, 1967 To the Honorable Mayor and City Council Gentlemen: Pursuant to your instructions. sealed bids were received until 10 A.M., Monday, June 19. 1967 for the City of Dubuque 1967 Bitumin. ous Concrete Paving Project No. 1. The lowest bid received was enter. ed by Tri-State Paving Company of Dubuque, Iowa, Their bid was 26.90% under the estimate, I recommend that the contract for the improvement be awarded to the Tri-State Paving Company of Dubuque, Iowa. Very truly yours, Gilbert D. Chavenelle City Manager Councilman Pregler moved that the recommendation of the City Manager be approved. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None. (Awarding Contract) RESOLUTION NO. 180.67 WHEREAS, sealed proposals have been submitted by contractors for the City of Dubuque — 1967 Bitum- inous Concrete Paving Project No. 1 pursuant to Resolution No. 135-67 and notice to bidders published in a newspaper published in said City on May 26, 1967 and June 2, 1967; and WHEREAS, said sealed proposals were opened and read on June 19, 1967. and it has been determined that the bid of Tri-State Paving Company of Dubuque, Iowa in the amount of $58,496.39 was the low- est bid for the furnishing of all labor and materials and perform- ing the work as provided for in the plans and specifications; now therefore, BE IT RESOLVED by the City Council of the City of Dubuque that the contract for the above mentioned improvement be award- ed to Tri-State Paving Company and the Manager be and he is here- by directed to execute a contract on behalf of the City of Dubuque for the complete performance of said work. BE IT FURTHER RESOLVED, that upon the signing of said con- tract and the approval of the con- tractors bond the City Treasurer is authorized and instructed to re- turn the bid deposits of the unsuc- cessful bidders. Passed and adopted this 19th <tay of June, 1967. Richard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler Councilmen Attest: Leo F. Frommelt, City Clerk Councilman McCauley moved ad- option of the resolution. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None. Special Session, June 19, 1967 311 RESOLUTION NO. 181.67 BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the following having complied with the provisions of law relating to the sale of Cigar. ettes within the City of Dubuque, Iowa, be granted a permit to sell Cigarettes and Cigarette Papers within said City. Name Address Merlin Apel, 1195 Dodge Street Carl N. Brant, 2600 Central Avenue Beecher Oil Company, 2399 White Street Beeecher Oil Company, 1691 As- bury Street Canfield Hotel, Inc., 36 West 4th Street Earl G. Corbett, 408 West Locust Street Patricia Donath, 400 Iowa Street Dubuque Golf & Country Club, 1800 Randall Place Eagle Food Center, Inc., No. 109, 200 South Locust Street Eagle Food Center, Inc., No. 144, 3033 Asbury Street Eagle Food Center, Inc., No. 130, 1800 Elm Street William G. Fenelon, 2528 Central Avenue LaVerne Felderman, 1889 Jackson Street A. L. Fecker, 2119 Rhomberg Avenue The Great Atlantic & Pacific Tea Co., 1101 Central Avenue The Great Atlantic & Pacific Tea Co., 2685 Dodge Street Gertrude A. Greenough, 2372 Cen. tral Avenue Carl Hirsch, 600 Central Avenue John J. Heiderscheit, 1278 Central Avenue Iowa Commission for the Blind, Post Office Building Darlene R. Kelly, 400 Rhomberg Avenue Frank and Darlene R. Kelly, Loras and Central Avenue Darlene R. Kelly, 605 Dodge Street Knights of Columbus, 781 Locust Streeet Theodore G. Kanavas, 1698 Elm Street Walter W. Knoll, 205 Kaufmann Avenue William J. Lynn, 424 West Locust Street Loras College, 1450 Alta Vista May's Drug Store, Judson and As- bury Streets Carl E. Miller, 1096 Central Ave. nue John E. Noel, 2600 Central Avenue Thomas Oeschger, 815 West 5th Street Otto L. and Minnie R. Radloff, 1395 Brown Avenue Robert E. Sullivan, 620 South Grandview Avenue John L. Savary, 827 Dodge Street Super 20 Drive In Theatre, J. F. Kennedy Road Paul W. Schollmeyer, 176 Locust Street Mrs. A. J. Marita Trapp, 1268 Cen- tral Avenue Fred Weiner, 1101 White Street Eileen Wunder, 1046 Central Ave. nue Kenneth Waul, 2850 Burlington Street Wareco System of Iowa, 700 Rhom- berg Avenue Robert L. Becker, 2418 Central Avenue John Cavanaugh, 698 Central Ave- nue Lorraine Gordon, 2327 Central Avenue George R. Hunt, 229 West 8th Street Lil' Giant Food Stores, 2100 Rhom- berg Avenue John J. Ludescher, 1897 Clarke Drive Mescher & Tench Grocery, 1233 Rhomberg Avenue Warehouse Market, J. F. Kennedy Road Ray Papin, 2635 University Ave- nue Joseph Poifer, 2672 Dodge Street Walsh Stores, 1301 Central Ave- nue George K. Arvanitis, 1958 Central Avenue Carl L. Chalder, 101 West 5th Street Ralph Cremer, 731 Rhomberg Ave- nue Dubuque Packing Co. (Retail Store), 16th and Sycamore Ramona Fettgather, 1108 Iowa Street John J. Glynn, 655 Central Ave- nue Joseph P. and Bernice M. Hillard, 431 Rhomberg Avenue Francis T. Kohl, 1700 Central Ave. nue Kermit Meyers, 555 Main Street Albert J. Ney, 1842 Central Ave. nue Raymond Ney, 2186 Central Ave. nue 312 Special Session, June 19, 1967 Eldon F. Remy, 2616 Windsor Avenue Roshek Bros. Co., 700-800 Locust Street Don Schroeder, 2890 Central Ave. nue Carl Van Duelman, 590 Clarke Drive Mrs. Helen Weiner, 709 Univer- sity Avenue Francis Barrett, 2600 Jackson Street Mary Bahl, 253 Main Street Al. Brayton, 3200 Central Avenue Ronald Brayton, Asbury and St. Ambrose Joseph Bell, 263 Main Street Wilson Conlon, 1005 Dodge Street D. A. V. Club, 2600 Dodge Street, Plaza 20 Fiorance Deutsch, 45 West 13th Street J. Russell Evans, 29 West 81h Street Leona Friedman, 620 East 16th Street Mrs. Adele Fens, 210 West 1st Street Richard Giacoletto, 1121 Univer- sity Avenue Leo Grass, 1105 University Avenue Ben Greenwood, 897 Central Ave- nue Harry Ganlert, 1301 Rhomberg Avenue Anthony Helling, 701 Dodge Street Holiday Inn Motel, 1111 Dodge St. LaVerne Hennen, Asbury and Ken- nedy Road Kenneth Hense, 960 Dodge Street Virginia Hos, 241 Main Street K Mart, 2600 Dodge Street, Plaza 20 Raymond Kratz, 2417 Rhomberg Avenue Fred Link, 1080 University Avenue Donald M. Love, 250 West 6th Street Frank and Phyllis Licciardi, 869 Iowa Street Thelma Mardauss, 1091 White Street Thelma Mardauss, 410 West 8th Street Nelson Norwood, Bunker Hill Goll Course Dorothy M. Olson, 1097 Jacksor Street Louis Ring, 115 West 11th Street Louis Ring, 1185 Dodge Street William A. Rhomberg, 1298 Mair Street Randall Foodarama, 2600 Dodgf Street, Plaza 20 Roger Rommel, 693 Dodge Street Thomas Remy, 3355 Pennsylvania Avenue Joseph E. Reisdorf. 601 Rhomberg Avenue Dr. D. C. Sharpe, 1630 East 16th Street L. G. Schaffert, 1900 Washington Street Frank Schwind, 2297 University Avenue Sears Roebuck Company, 300 S. Locust Street Jack Slefker, 1081 University Ave. nue Harold 0. Specht, 3003 Asbury Street University of Dubuque, 2050 Uni- versity Avenue LeRoy Utzig, 2600 Dodge Street George Weber, New City Harbor Jay E. Williams, 1027 Rhomberg Avenue W. J. White, 1993 Asbury Street Mrs. Josephine Burke, 531 Main Street Donald E. Cue, 119 West 6th Street Eugene C. Evarts, 2678 Central Avenue Edward Esser, 1205 Cleveland Ave- nue Francis George and Donald D. Wal- ler, 655 Dodge Street Theodore J. Ferring, 385 East 13th Street Sunshine Circle—Finley Hospital, 1480 Allison Elizabeth Krajnovich, 239 West 6th Street Harry Kopple, 1098 University Avenue Robert J. Kehl, 62 Locust Street Marcella McCarty, 2093 Washing- ton Street Earl J. McNamara, 1046 Univer- sity Avenue Paul Moes, 1097 University Ave- nue Myrtle Steffen, 951 Main Street Leo Sun, 206 West 3rd Street George Weis, 400 East 22nd Street Eva M. Zillig, 127 West 6th Street Linnie Dunbar, 504 Central Ave- nue Dorrance Hames, 1828 Central Ave- nue Northern Drug Company, 651 Main Street Michael F. Pusateri, 1292 Main Street BE IT FURTHER RESOLVED that the bonds filed with the appli- cation be approved. Special Session, June 19, 1967 313 Passed, adopted and approved this 19th day of June, 1967, Richard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler Councilmen Attest: Leo F. Frommelt City Clerk Councilman Schultz moved adop. tion of the resolution. Seconded by Mayor Ludwig. Carried by the following vote: Yeas—Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None. RESOLUTION NO. 182-67 WHEREAS, applications for Beer Permits have been submitted to this Council for approval and the same have been examined: NOW THEREFORE BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the following applica- tions be granted and licenses be issued upon the compliance with the terms of the ordinances of the City. CLASS "B" BEER PERMIT PRIVATE CLUB American Legion, Post No. 6, 880 Locust Street (Fourth Floor) CLASS "B" BEER PERMIT Mrs. Elizabeth Krajnovich, 239 West 6th Street Arthur W. Pins, 2699 J. F. Kennedy Road Dorothy M. Olsen, 1097 Jackson Street (Effective July 1, 1967) CLASS "C" BEER PERMIT Thompson's Food Markets, Inc., Oky Doky No. 7, 3301 Pennsyl- vania Avenue Eugene C. Evarts, 2678 Central Avenue Passed, adopted and approved this 19th day of June, 1967. Richard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman McCauley. Carried by the following vote: Yeas --Mayor Ludwig, Council. men McCauley, Pfohl, Pregler, Schultz. Nays—None. RESOLUTION NO. 183.67 WHEREAS, applications for Beer Permits are filed by the within named applicants and they have received the approval of this Council; and WHEREAS, the premises to be occupied by such applicants were inspected and found to comply with the ordinances of this City and they have filed proper bonds: NOW THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the Manager be and he is hereby directed to issue to the following named applicants a Beer Permit. Class "B" Beer Permit Private Club American Legion, Post No. 6, 880 Locust Street (Fourth Floor) Class "B" Baer Permit Mrs. Elizabeth Krajnovich, 239 West 6h Street Arthur W. Pins, 2699 J. F. Ken- nedy Road Dorothy M. Olsen, 1097 Jackson Street (Effective July 1, 1967) Class "C" Beer Permit Thompson's Food Markets, Inc., Oky Doky No. 7, 3301 Pennsyl- vania Avenue Eugene C. Evarts, 2678 Central Avenue BE IT FURTHER RESOLVED that the bonds filed by such ap- plicants be and the same are here- by approved. Passed, adopted and approved this 19th day of June, 1967. Richard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler 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 Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None. ;31.1 Special Session, June 19, 1967 RESOLUTION NO. 184.67 WHEREAS, applications for Liq- uor Permits have been submitted to this Council for approval and the same have been examined. NOW THEREFORE BE IT RE- SOLVED, by the City Council of the City of Dubuque, Iowa, that the following applications be grant- ed and licenses issued upon the compliance with the terms of the Iowa Liquor Control Act—Chapter 12.3 --as amended by the 60th Gen- eral Assembly, 1963. Class "C" Commercial Establishment Ramona M. Fettgather, 1103 Iowa Street Joseph Edward Reisdorf, 601 Rhom- berg Avenue John L. Savary, 827 Dodge Street Aristo Foods, of Iowa, Inc., 1111 Dodge Street Merlyn L. Weber, 1902 Central Avenue Mrs. Elizabeth Krajnovich, 239 West 6th Street Lorraine Gordon, 2327 Central Ave- nue Marcella McCarty, 2093 Washing- ton Street Dorothy M. Olsen, 1097 Jackson Street (Effective July 1, 1967) Passed, adopted and approved this 19th day of June, 1967. Richard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler Councilmen Attest: Leo F. Frommelt City Clerk Councilman Schultz moved adop- tion of the resolution. Seconded by Councilman McCauley. Carried by the following vote: Yeas—Mayor Ludwig, Council. men McCauley, Pfohl, Pregler, Schultz. Nays --None. RESOLUTION NO. 185.67 WHEREAS, applications for Liq- uor Permits were filed by the Within named applicants and they have received the approval of this Council, and WHEREAS, the premises to be occupied by such applicants were inspected and found to be comply with the State Law and all City ordinances relevant thereto and they have filed proper bonds; NOW THEREFORE BE IT RE- SOLVED by the City Council of Dubuque, Iowa, that the Manager be authorized to cause to be is- sued to the following named ap. plicants a Liquor Permit. Class "C" Commercial Establishment Ramona M. Fettgather, 1103 Iowa Street Joseph Edward Reisdorf, 601 Rhomberg Avenue John L. Savery, 827 Dodge Street Aristo Foods of Iowa, Inc., 1111 Dodge Street Merlyn L. Weber, 1902 Central Avenue Mrs. Elizabeth Krajnovich, 239 West 6th Street Lorraine Gordon, 2327 Central Avenue Marcella McCarty, 2093 Washing- ton Street Dorothy M. Olsen, 1097 Jackson Street (Effective July 1, 1967) Passed, adopted and approved this 19th day of June, 1967. Richard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Secondel by Councilman Schultz. Carried by the following vote: Yeas—Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None. Councilman Pfohl moved that the rules be suspended in order to let anyone present address the Council if they so desire. Second- ed by Councilman Pregler. Car- ried by the following vote: Yeas—Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—.None. Mr. Robert Justman of Algona Street raised objection to the pro- posed paving of Algona Street in this year's program. According to the Smith Gruen report Algona Street was to have been closed as it entered upon Loras Blvd., so Special Session, June 19, 1967 315 why pave it now. City Engineer White stated that Algona is the only access for bus traffic. Mayor Ludwig moved to uphold the City Engineer's recommenda. tion on the paving of N. Algona Street. Seconded by Councilman Pregler. Carried by the following vote: Yeas—Mayor Ludwig, Council- men McCauley, Pregler, Schultz. Nays—Councilman Pfohl. There being no further business Councilman McCauley moved to ad- journ. Seconded by Councilman Schultz. Carried by the following vote: Yeas—Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None. Leo F. Frommelt City Clerk. Approved O.QI.01? r....X4x...1967 Adopted Oe t ob ar 16 .1967 NO i f, Attest: City Clerk :116 Special Session, June 2-2, 1907 CITY COUNCIL OFFICIAL Special session, June 22, 1967. Council met at 7:15 P.M. (D. S. T.). Present—Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler. City Manager Gilbert D. Chave- nelle. Absent—Councilman Schultz. Mayor Ludwig read the call and stated that, service thereof had been duly made and this meeting is called for the purpose of adopt- ing resolutions requiring abutting property owners to make sewer and water and gas connections in the area of new street construction for 1967, and acting upon such other business as may properly come before a regular meeting of the City Council. RESOLUTION NO. 186.67 Resolution Requiring Abutting Property Owners to Make Sewer and Water and Gas Connections. WHEREAS, the City Council has heretofore adopted Resolution No. 98.67, being the Resolution of Ne- cessity for permanently improving City of Dubuque 1967 Bituminous Concrete Paving Project No. 1. Now, Therefore, Be It Resolved by the City Council of the City of Dubuque, Iowa: Section 1. That the owners of all property abutting on said im. provement are hereby required to make connections from the sewer, water and gas mains to the curb line of said property prior to July 20, 1967. Section 2. That the City Clerk is hereby authorized and directed to serve a written notice on such abutting property owners in ac. cordance with Ordinance No. 128, ordering compliance with this Reso- lution. Section 3. That in the event any property owner shall fail or refuse to make such connection within the time set out in this Resolu- tion, then the City Manager shall proceed to have said connection made upon a contract made and entered into for that purpose and upon completion, report said fact together with the cost thereof to the City Council, whereupon the cost of such connection shall be assessed against such abutting property. Adopted this 22nd day of June, 1967. Richard Ludwig Mayor M. Sylvester McCauley Eldon A. Pfohl Walter A. Pregler Councilmen Attest: Leo F. Frommelt City Clerk Mayor Ludwig moved adoption of the resolution. Seconded by Councilman McCauley. Carried by the following vote: Yeas --Mayor Ludwig, Council- men McCauley, Pfohl, Pregler. Nays—None. Absent—Councilman Schultz. RESOLUTION NO. 187.67 Resolution Requiring Abutting Property Owners to Make Sewer and Water and Gas Connections. WHE'REAS, the City Council has heretofore adopted Resolution No. 94-67, being the Resolution of Ne- cessity for permanently improving City of Dubuque 1967 Hot Mix - Hot Laid Asphaltic Concrete Pav- ing Project No. 1. Now, Therefore, Be It Resolved by the City Council of the City of Dubuque, Iowa: Section 1. That the owners of all property abutting on said im- provement are hereby required to make connections from the sewer, water and gas mains to the curb line of said property prior to July 20, 1967. Section 2. That the City Clerk is hereby authorized and directed to serve a written notice on such abutting property owners in ac- cordance with Ordinance No. 128, ordering compliance with this Resoution. Section 3. That in the event any such property owners shall fail or refuse to make such connection within the time set out in this Resolution, then the City Manager shall proceed to have said con- nection made upon a contract made and entered into for that purpose and upon completion, report said fact together with the most there- of to the City Council, where. upon the cost of suet► connection Special Session, June 22, 1967 317 shall be assessed against such abutting property. Adopted this 22nd day of June, 1967. Richard Ludwig, Mayor M. Sylvester McCauley Eldon A. Pfohl Walter A. Pregler Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pfohl moved adop- tion of the resolution. Seconded by Mayor Ludwig. Carried by the following vote: Yeas—Mayor Ludwig, Council- men McCauley, Pfohl, Pregler. Nays—None. Absent—Councilman Schultz. RESOLUTION NO. 188-67 WHEREAS, the following criti- cally important city and town bills have been passed by the State Sen- ate and are now before the Sift- ing Committee of the House: SF 696 (Road Use Tax); SF 710 (Tort Liability act for local govern- ments); SM 499 (Low Rent Hous- ing for the Elderly—agreed upon by the Realtors' Association!); SF 241 (Special assessment bonds for Dutch Elm disease control); SF 324 (Urban renewal agency law); and SF 796 (Disaster Aid to munici- palities); and WHEREAS, cities and towns can't take action in these areas of vital need without legislative sanction, and failure to act on these measures would impose se- vere hardship on Iowa's cities and towns; and WHEREAS, these measures have been thoroughly researched and carefully drafted and would not require undue time for House con- sideration; and WHEREAS, these bills vitally affect communities where three- fourths of Iowa's citizens now live; NOW THEREFORE, Be It Re- solved by the City Council of Du- buque, Iowa that the members of the House be strongly and respect- fully urged to insist that the Sift- ing Committee vote these Senate - passed measures to the floor of the house for fair consideration. Passed., adopted and approved this 22nd day of June, 1967. Richard Ludwig, Mayor M. Sylvester McCauley Eldon A. Pfohl Walter A. Pregler Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman McCauley. Carried by the following vote: Yeas—Mayor Ludwig, Council- men McCauley, Pfohl, Pregler. Nays—None. Absent—Councilman Schultz. RESOLUTION NO. 189.67 WHEREAS, applications for Beer Permits have been submitted to this Council for approval and the same have been examined: NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the following applica- tions be granted and licenses be issued upon the compliance with the terms of the ordinances of the City. CLASS "B" BEER PERMIT Donald Sand, 2364 Washington Street Elizabeth A. Reisdorf, 115 East 22nd Street, (Transfer from 201 East 22nd St. effective July 1, 1967.) Passed, adopted and approved this 22nd day of June 1967. Richard Ludwig Mayor M. Sylvester McCauley Eldon A. Pfohl Walter A. Pregler Councilmen Attest: Leo F. Frommelt, City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman McCauley. Carried by the following vote: Yeas — Mayor Ludwig, Council. men McCauley, Pfohl, Pregler. Nays—None. Absent—Councilman Schultz. RESOLUTION NO. 190.67 WHEREAS, applications for Beer Permits were dand they they have ithin named applicants received the approval of this Coun. cil; and 318 Special Session, June 22, 1967 WHEREAS, the premises to be occupied by such applicants were inspected and found to comply with the ordinances of this City and they have filed proper bonds: NOW THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the Manager be and he is hereby di- rected to issue to the following named applicants a Beer Permit. CLASS "B" BEER PERMIT Donald Sand, 2364 Washington Street Elizabeth A. Reisdorf, 115 East 22nd Street (Transfer from 201 East 22nd St, effective July 1, 1967) BE IT FURTHER RESOLVED that the bonds filed by such appli- cants be and the same are hereby approved. Passed, adopted and approved this 22nd day of June 1967, Richard Ludwig Mayor M. Sylvester McCauley Eldon A. Pfohl Walter A. Pregler Councilmen Attest: Leo F. Frommelt, City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Mayor Ludwig. Carried by the following vote: Yeas — Mayor Ludwig, Council- men McCauley, Pfohl, Pregler. Nays—None, Absent—Councilman Schultz. RESOLUTION NO. 191.67 WHEREAS, applications for Liq- uor Permits have been submitted to this Council for approval and the same have been examined, NOW THEREFORE BE IT RE. SOLVED by the City Council of the City of Dubuque, Iowa, that the following applications be granted and licenses issued upon the co►n- pliance with the terms of the IOWA LIQUOR CONTROL ACT— CHAPTER 123—as amended by the 60th General Assembly, 1963. CLASS "C" COMMERCIAL ESTABLISHMENT Elizabeth A. Reisdorf, 115 East 22nd Street (Transfer from 201 East 22nd St. effective July 1, 1967) Passed, adopted and approved this 22nd day of ,Tune, 1967. Richard Ludwig Mayor M. Sylvester McCauley Eldon A. Pfohl Walter A. Pregler Councilmen Attest: Leo F. Frommelt City Clerk Mayor Ludwig moved adoption of the resolution. Seconded by Councilman McCauley. Carried by the following vote: Yeas—Mayor Ludwig, Council- men McCauley, Pfohl, Pregler. Nays—None. Absent—Councilman Schultz. RESOLUTION NO. 19267 WHEREAS, applications for Liq- uor Permits were filed the within named applicants and they have re- ceived the approval of this Coun- cil, and WHEREAS, the premises to be occupied by such applicants were inspected and found to comply with the State Law and all City ordin- ances relevant thereto and they have filed proper bonds; NOW THEREFORE BE IT RE- SOLVED by the City Council of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named applicants a Liquor Permit. CLASS "C" COMMERCIAL ESTABLISHMENT Elizabeth A. Reisdorf, 115 East 22nd Street (Transfer from 201 East 22nd St. effective July 1, 1967.) Passed, adopted and approved this 22nd day of June, 1967. Richard Ludwig Mayor M. Sylvester McCauley Eldon A. Pfohl Walter A. Pregler Councilmen Attest: Leo F. Frommelt, City Clerk Mayor Ludwig moved adoption Of the resolution. Seconded by Councilman Pfohl. Carried by the following vote: Yeas — Mayor Ludwig, Council- men McCauley, Pfohl, Pregler. Absent — Councilman Schultz. RESOLUTION NO. 193.67 BE Pf RESOLVED by the City Council of the City of Dubuque, Special Session, June 22, 1.967 319 Iowa, that the following having complied with the provisions of law relating to the sale of Cigar• ettes and Cigarette Papers within the City of Dubuque, Iowa, be granted a permit to sell Cigarettes and Cigarette Papers within said City. Richard Alderson, 2401 Windsor Avenue Herbert E. Althaus, 1575 Central Avenue Robert Bowen, 5 -8th Avenue Harold A. Casey, 655 Clarke Drive Robert E. Cahill, 402 Locust Street Creslanes Bowling, Inc., 255 South Main Street Willard J. Driscoll, 509 Eighth Av- enue Helen Dougherty, 1643 Central Av- enue Delbert Daugherty, 720 Iowa Street Elks Club, 7th & Locust Street Milton Fink, 3165 Central Avenue Fischer Bowling Lanes Club, 880 Locust Street Alford Finch, 1347 Central Avenue Maxine Hoag, 103 East 22nd Street Donald Jungblut, 4th & Locust Street Hartig Drug Store, 736 Main Street Hartig Drug Store, 97 Locust Street Hartig Drug Store, 2225 Central Avenue Wayne Johnston, 255 Locust Street Jack M. Kritikos, 720 Main Street James Kachevas, 493 Main Street Richard Manternach, 380 East 20th Street Cyril Meitl, 1555 Central Avenue Martin Oil Company, 280 Locust Street Lucille McArdle, 2412 Central Av- enue Mrs. John McEvoy, 775 East 6th Street Howard McCauley, 22nd & Central Avenue National Tea Company, 2013 Cen- tral Avenue National Tea Company, 1313 Dodge Street Navy Club, 469 Main Street Helen O'Mara, 1397 Washington Street Karl H. Oleson, 1701 Asbury Street Page Hotel, Inc., 75 East 4th Street Donald Plumley, 5th & Locust Street R. S. Ruegnitz, 629 Rhomberg Av- enue Elizabeth A. Reisdorf, 115 East 22nd Street 1 Riverside Bowl, Inc., 1880 Haw- thorne Street Donald W. Schuster, 2404 Central Avenue Patricia Sarris, 760 East 16th Street John J. Steffen, 690 West Locust Street Donald Sand, 2364 Washington Street Judith A. Schiel, 2199 University Avenue Doris J. Tigges, 2776 Jackson Street Trausch Bakery Co., 25 Main Street Beatrice Winkler, 1400 Central Av- enue Merlyn L. Weber, 1904 Central Av- enue Louis J. Winkler, 625 Central Av. enue C. P. Welu, 20th & Jackson Street Kathleen Wedig, 1399 Washington Street Donald Arthofer, 532 East 22nd Street J. F. Stampfer Company, 8th & Main Street Gerald Clarence Kirchberg, 3165 Central Avenue John Neumeister, 729 Lincoln Av- enue Kenneth J. Osterhaus, 744 Main Street Thompson's Food Markets, Inc., 3301 Pennsylvania Avenue Thompson's Food Markets, Inc., 250 West 1st Street Thompson's Food Markets, Inc., 32nd & Jackson Street George T. Vrotsos, 605 Main Street BE IT FURTHER RESOLVED THAT THE BONDS filed with the application be approved. Passed, adopted and approved this 22nd day of June 1967. Richard Ludwig Mayor M. Sylvester McCauley Eldon A. Pfohl Walter A. Pregler Councilmen Attest: Leo F. Frommelt, City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Pfohl. Carried by the following vote: Yeas — Mayor Ludwig, Council- men McCauley, Pfohl, Pregler. Nays — None. Absent — Councilman Schultz. There being no further busi. ness Councilman Pregler moved to 320 Special Session, June 22, 1967 . . . adjourn. Seconded brCouncilman McCauley. Carried by the follow- ing vote: Yeas -- D8urnr Ludwig, Council- men McCauley, yfoh|. Pre#ler. Nays—None. Absent—Councilman Schultz. Leo F.Brvmmolt. City Clerk Attes��._� City Clerk Special Session, June 28, 1967 321 CITY COUNCIL OFFICIAL Special Session, June 28, 1967. Council met at 4:30 P.M. (D.S.T.) Present — Mayor Ludwig, Coun- cilmen McCauley, Pregler, Schultz. City Manager Gilbert D. Chave. nel le. ' Absent—Councilman Pfohl. Mayor Ludwig read the call and stated that service thereof had been duly made and this meeting is called for the adoption of a reso- lution approving the execution of an acceptance of a grant offer from the Kansas City area of the Federal Aviation Agency for the United States of America for the purpose of obtaining federal aid in the development of the Dubuque Municipal Airport, and acting up- on such other business as may properly come before a regular meeting of the City Council. Communication of Alfred E. Hughes at attorney for the Illinois Central Railroad Company submit- ting an appReation for annexation of real estate immediately adjacent and contiguous to the southerly City limits, owned by the Illinois Central Railroad Company, and un- der lease to the Inland Molasses Company, presented and read. Ma- yor Ludwig moved that the com- munication be referred to the City Solicitor. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Ludwig, Coun- cilmen McCauley, Pregler, Schultz. Nays—None. Absent --Councilman Pfohl. Application of Illinois Central Railroad Company requesting an- nexation of an area beginning at the northwest corner of Section 6, Twp. 88 N. R. 3 E. 5th P.M. thence east 934.8 feet; thence south 1087.95 feet; thence south 84.25' west, 937.2 feet; thence north 1103.9 feet to the point of begin- ning containing 17.432 acres, pre- sented and read. Councilman Schultz moved that the application be referred to the City Solicitor. Seconded by Councilman McCau- ley. Carried by the following vote: Yeas — Mayor Ludwig, Coun- cilmen McCauley, Pregler, Schultz. Nays—None. Absent—Councilman Pfohl. Petition of Peoples Natural Gas Company requesting permission to excavate at 910 Dodge Street, pre- sented and read. Councilman Schultz moved that the petition be granted. Seconded by Councilman McCauley. Carried by the follow- ing vote: Yeas — Mayor Ludwig, Council- men McCauley, Pregler, Schultz. Nays—None. Absent—Councilman Pfohl. Extract from the minutes of a special meeting of the City Coun- cil of the City of Dubuque, Iowa held on June 28, 1987. The following Resolution was in- troduced by Councilman M. Sylves. ter McCauley read in full and con- sidered; seconded by Councilman Merlin F. Schultz. On roll call the vote was: Yeas — Mayor Richard Ludwig, Councilmen M. Sylvester McCauley, Walter A. Pregler, Merlin F. Schultz. Nays—None. Absent — Councilman Pfohl. RESOLUTION NO. 194.67 Resolution adopting and approv- ing pproveing the execution of an accept- ance of a grant offer from the area manager, Kansas City area of the Federal Aviation Admin. istration for the United States of America to the City of Du- buque, Iowa, for the purpose of obtaining federal aid in the de- velopment of the Dubuque Mu. nicipal Airport, under Proiect No. 9-134)20-C710. BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, SECTION 1. That the City of Dubuque, Iowa, shall for the pur- pose of obtaining federal aid in the development of the Dubuque Municipal Airport, enter into a Grant Agreement with the United States of America by executing an acceptance of a Grant Offer from the Federal Aviation Administra- tion, acting for the United States of America, to the City of Du- buque, Iowa, and that such Grant Offer shall be set forth hereinbe. low under Section 4. 322 Special Session, June 28, 1067 J 1415 Ph .SECTION 2. That the City of Du Clarence ,1. Hagge, r., buque, Iowa, does hereby ratify berg Avenue and adopt all statements, represen- William F. Hancock, 2205 Carter tations, warranties, covenants, and Road Frances Jones, 238 West 6th agreements contained in the Proj ect Application and in the non-dis- Street crimination assurances incorpo- Kissel a Grocery, 611 University Ave - rated in the said Grant Offer. SECTION 3. That the Airport Mrs. Anna K. Laury, 498 North Commission Grandview Avenue the City of Du- Phillip R. Love, 1701 Central Ave- buque, Iowa acting through its of- nue ficer or officers designated by it na Mchoney, 678 Central Ave - to so act, is hereby authorized and No nue directed to execute the acceptance Mercy Medical Center Gift Shop, of said Grant Offer on behalf of James e Peabody Streets the City of Dubuque, Iowa. SECTION 4. That the Grant Of- Merchants Hotel, 304 Main Street Carl E. Nagelmaker, 3203 Jackson fer referred to hereinabove shall Street be as follows: Clarence Ney, 1703 Maple Street NOTE—Grant offer in the files Osco Drug, Inc., 703 Main Street of the Airport Commission. Denise O'Neill, 55 Locust Street Andrew Poulos, 926 Main Street Marcille A. Pauly, 1200 Iowa Street Ethel M. Schwartz, 500 Rhomberg Avenue Gerald Schmitt, 351 Dodge Street Earl Schumacher, 2201 Central Avenue Mathais A. Schneller, 132 Eighth Avenue Mark R. Smith & Bernard Skahill, 400 Central Avenue Mrs. Emma Scherer, 1187 Iowa Street Raymond Tschiggfrie, 1190 Dodge Street Harold B. Welter, 534 Rhomberg Avenue Chuck N. Wong, 378 Main Street Xavier Hospital Gift Shop, Davis & Windsor Avenues Irene Bogas, 500 Main Street Raphael W. Grant, 3050 Asbury Street Arthur W. Pins, 2699 J. F. Kennedy Road Eldon J. Konzen, 1281 Dodge Street BE IT FURTHER RESOLVED that the bonds filed with the ap. plication be approved. Passed, adopted and approved this 28th day of June, 1967. Richard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz Walter A. Pregler Councilmen RESOLUTION NO. 195.67 BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the following having complied with the provisions of law relating to the sale of Ciga- rettes within the City of Dubuque, Iowa, be granted a permit to sell Cigarettes and Cigarette Papers within said City. Amvets Club, 429 Main Street Robert Beidler, 1122 Dodge Street Marion Bridge, 2038 Central Ave- nue Harriet Bush, 700 East 16th Street Maryel M. Birkett, 1064 University Avenue Louis T. Bournias, 2600 Dodge St. Plaza 20 Charles Cushing, 1091 Main Street Lorraine Diener, 35 Locust Street Dubuque Metal Trades Council Club, 111 West 6th Street Wesley J. Davis, Jr., Dodge & Lo- cust Streets M. L. Donovan, 1876 Central Ave- nue Eagles Club, 6th & Locust Street Lester & Marie Eichhorn, 1725 Delhi Raymond Fleckenstein, 3275 Cen- tral Avenue Ken Fenelon, 3166 Jackson Street Robert A. Freund, 805 West 5th Street Fischer Office Grill, Fischer Build- ing John Glynn, 336 Main Street Marco Guinta, 2022 Central Avenue Robert Hantelmann, 902 Main Street Attest: Leo F. Frommelt City Clerk Special Session, June 28, 1967 323 Mayor Ludwig moved adoption of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Ludwig, Coun. cilmen McCeuley, Pregler, Schultz, Nays—None. Absent — Councilman Pfohl. There being no further business Councilman Pregler moved to ad- jorn. Seconded by Councilman Mc- Cauley. Carried by the following vote: Yeas — Mayor Ludwig, Council- men McCauley, Pregler, Schultz. Nays—None. Absent—Councilman Pfohl. Leo F. Frommelt City Clerk Approved O C t Ob .er......16 s 1967. ....... . . Adopted October 16, 1967. Attest: City Clerk — Regular Session, July 3, M7 325 CITY COUNCIL OFFICIAL Regular Session, July 3, 1967. Council met at 7:30 P.M. (D.S.T.) Present --Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz City Manager Gilbert D. Chay. enelle. Mayor Ludwig read the call and stated that service thereof had been duly made and this is the regular monthly meeting of the City Council called for the purpose of acting upon such business as may properly come before the meeting. RESOLUTION NO. 196-67 WHEREAS, Girl Scout Troop #54 has spent and devoted con- siderable time in the creation of interest for the design and adop- tion of an official flag for the City of Dubuque, Iowa; and WHEREAS, the members of Girl Scout Troop #54 and the lead- ers thereof should receive public recognition for their public spir- ited service in this connection. NOW THEREFORE Be It Re- solved by the City Council of the City of Dubuque, Iowa: Section 1. That the members of Girl Scout Troop #54 and the lead- ers thereof be and they are here- by publicly lauded and compli- mented for their untiring efforts in the creation of public interest of the design for adoption of such de- sign for and as the official flag of the City of Dubuque, Iowa. Section 2. That the citizens of this community by and through the City Council of City of Dubuque, Iowa, publicly acknowledge and ex- press to the girls and leaders of Girl Scout Troop #54 their deep- est gratitude for their untiring ef- forts in serving this community. Passed, adopted and approved this 3rd day of July, A.D., 1967. Richard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler Councilmen Attest: Leo F. Frommelt City Clerk Mayor Ludwig moved adoption of the resolution and directed that a copy of the resolution be sent to Mrs. Joseph Ragatz as leader of the girl scout troop. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Ludwig, Council. men McCauley, Pfohl, Pregler, Schultz. Nays—None. RESOLUTION NO. 19767 WHEREAS, the City Council of City of Dubuque, Iowa, has invited contestants to design an official flag for the City of Dubuque, Iowa; and WHEREAS, the City Council has examined the various designs sub- mitted and has determined that the recommendation of the judges be approved and that the design of said flag submitted by Mrs. Alois Frommelt of Dubuque, Iowa be accepted as the design of the official flag 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 design of the flag for the City of Dubuque, Iowa, prepared by Mrs. Alois Frommelt of 1010 Dunn Court, Dubuque, Iowa, a facsimile design of which is hereto attached be and the same is hereby designated as the design for the official flag of the City of Dubuque, Iowa. Passed, adopted and approved this 3rd day of July, AD., 1987. Richard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler 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 Ludwig, Coun. cilmen McCauley, Pfohl, Pregler, Schultz. Nays—None. John A. Jenkins of 590 Maple- wood Court, in the category of grades 0.8, was presented a 625.00 1J.S. Savings Bond, as a winner for 326 Regular Session, July 3, 1987 his entry in the flag contest, des- ignated Award #L Zane Laugesen of 535 Southern Ave., in the category of grades 9- 12, was presented a $25.00 U. S. Savings Bond, as a winner for his entry in the flag contest, desig nated Award #2. Mrs. Alois Frommelt of 1010 Dunn Court, in the category of out of school or other, was presented a $50.00 U. S. Savings Bond, as a winner for her entry in the flag contest, designated Award #3. The bonds were gifts of Radio Stations K.D.T.H., W.D.B.Q., and the Tele- graph -Herald Newspaper. Communication of Joseph Zillig ct ux withdrawing their objection against the re -surfacing of the al- ley between Lowell Street and Na- pier Street, after being assured that crushed rock would be used and seal coated, presented and read. Councilman Pregler moved that the communication be received and filed. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. Nays—None. Communication of A. J. Rooney, as Secretary of the Brotherhood of Railroad Trainmen objecting to the growth of cottonwood trees on In- dustrial Park property, between Thermolyne and the Fengler Street overpass, causing a visibility prob- lem during switching operations presented and read. Councilman Pregler moved that the communi- cation be referred to the Manager for investigation and execution. Seconded by Councilman Pfohl. Carried by the following vote: Yeas — Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. Nays—None. Communication of National League of Cities extending an in- vitation to city officials to attend the 44th annual congress of cities to be held in Boston from July 29 to August 2, 1967, presented and read. Councilman Pfohl moved that the communication be re- ceived and filed. Seconded by Ma- yor Ludwig. Carried by the fol- lowing vote: Yeas — Mayor Ludwig, Coun- -ilmen McCauley, Pfohl, Pregler, Schultz. Nays—None. June 27, 1967 ro the Honorable Mayor ind City Council 3entlemen: I herewith submit the report of Lhe City Health Department for the month of May 1967. Respectfully, Gilbert D. Chavenelle City Manager Councilman Pregler moved that the report be received and filed. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. Nays—None. June 20, 1967 To the Honorable Mayor and City Council Gentlemen: I herewith submit the reports of the City Treasurer, City Water Department and City Auditor, as well as a list of claims and pay- rolls for which warrants were is- sued for the month of May 1967. Also submitted is the April monthly report of the Health De- partment. Re spectf ully, Gilbert D. Chavenelle City Manager Mayor Ludwig moved that the reports be received and filed. Sec- onded by Councilman Pregler. Car- ried by the following vote: Yeas — Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. Nays—None. Proof of Publication, certified to by the Publisher, of statement of receipts and a list of claims for which warrants were issued during the month of May 1967, presented and read. Councilman Pfohl moved that the proof of publication be received and filed. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. Nays—None. Regular Session, July 3, 1967 327 ,Tune 26, 1967 To the Honorable Mayor and City Council Gentlemen: I submit to you the petition of Stanley Hahn for a permit without fee to sell potatoes within the cor- porate limits. in the past this permit has been granted and I recommend that it be renewed for the period ending December 31st, 1967. Respectfully submitted, Gilbert D. Chavenelle City Manager Councilman Pfohl moved approv- al of the recommendation. Second. ed by Mayor Ludwig. Carried by the following vote: Yeas — Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. Nays—None. June 29, 1967 To the Honorable Mayor and City Council Gentlemen: The Dubuque Industrial Bureau has located the Marill Chemical Company on property adjoining the St. Regis Company, Container Di- vision, on Kerper Boulevard in Du- buque, Iowa. In order to provide track service to the Marill Company and also to the Industrial Bureau's property adjoining the Marill Company property, it is necessary that the track cross the extreme northeast. erly corner of the St. Regis prop- erty as shown on the accompany- ing prints. A form of easement has been prepared describing the strip of land required for the track and is enclosed. The St. Regis Company has agreed to deed this easement to the City of Dubuque across their property. I, therefore, request your honor- able body to grant the Mayor and the City Clerk authority to sign said easement. Respectfully submitted, Gilbert D. Chavenelle, City Managei Councilman Pregler moved that the Manager's request be granted Seconded by Councilman McCau ley. Carried by the following vote Yeas — Mayor Ludwig, Council men McCauley, Pfohl, Pregler Schultz. Nays—None. June 30, 1967 Po the Honorable Mayor and City Council 3entlemen: I am returning to you the peti. :ion for street lights on Julien Dubuque Drive. The area has been investigated ind it is recommended that one 175 watt mercury vapor light be Installed on Julien Dubuque Drive, between Murphy Park and South Grandview Avenue, at approxi. mately 2 Julien Dubuque Drive. Respectfully requested, Gilbert D. Chavenelle, City Manager Councilman Schultz moved that the recommendation of the City Manager be approved. Seconded by Councilman McCauley. Carried by the following vote: Yeas — Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None. July 3, 1967 To the Honorable Mayor and City Council Gentlemen: It is my understanding that the Disaster Aid Bill (Senate File 796 as amended) has been enacted into law or will be so enacted within the next few days. By this law the City will be per- mitted to borrow from the State an interest free loan, to be repaid by a one mAl levy against the tax- able value of the City. Although no instructions or form of agreement bave as yet been received from the State, I request that the Mayor be given authority to make application to the State for a non-interest disaster loan. I request that the application be ,for a loan in the amount of $387,000.00. To date the following commit- ments have been made covering the expenses of the 1967 flood: Warrants issued for Ma- terial, Equipment and Services ...........................$345,979.86 Outsanding Invoices for Material, Equipment & 442.00 Services ............I ............... Overtime Wages Paid 22,976.49 City Employees ............•• Straight Time Wages, Engineering .................... 8,844.83 328 Regular Session, July 3, 1967 Estimate of Expense not yet Invoiced .................... 7,265.10 Estimate of Bank Inter- est Charges ...................... 2,728.07 Total ............................$386,236.15 Respectfully requested, Gilbert D. Chavenelle, City Manager Councilman Pregler moved that the recommendation of the Manag- er be approved. Seconded by Coun- cilman Schultz. Carried by the fol- lowing vote: Yeas — Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None. Councilman Pregler moved that a resolution of appreciation be sent to Park Rinard as Executive Direct- or of the League of Iowa Munici- palities for the effort expended in promoting the State non-interest disaster loan legislation. Seconded by Mayor Ludwig. Carried by the following vote: Yeas — Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None. July 3, 1967 To the Honorable Mayor and City Council Gentlemen: I request authority to proceed with design and specifications for the sewer plant and sewer trunk lines proposed in the Preliminary Design and Study Report submitted by Henningson, Durham and Rich. ardson and Cullen-Schiltz and As. sociates. If you grant this request I will make arrangements for the work to be done by the consultants ac- cording to Part II and Part III of the agreement between the City and Henningson, Durham and Rich- ardson dated April 11, 1966. Respectfully requested, Gilbert D. Chavenelle, City Manager Councilman McCauley moved that the City Manager be given authority to proceed. Seconded by Councilman Pfohl. Carried by the following vote: Yeas — Mayor Ludwig, Council- men McCauley, Pfuhl, Pregler, Schultz. Nays—None. June 23, 1967 Honorable Mayor and City Council Gentlemen: On April 22, 1966, Mrs, Grace Ryan, 21781/2 Central Avenue, Du. buque, Iowa, filed claim against the City of Dubuque in an unspecified amount claiming damages as the result of a fall on 22nd Street be- tween Washington and Jackson, claiming a defective condition on the public walk causing a fall re- sulting in her fracturing her arm which resulted in her being off from work from March 29 to May 23, 1966, and incurring in addition thereto hospital and doctor bills. I have conferred with Mrs. Ryan who has made an offer of settle- ment in the amount of $400.00 and it is the recommendation of the City Attorney that said offer of settlement be accepted and the City Auditor be instructed to draw a warrant payable to Mrs. Grace Ryan and transit same to the City Attorney for delivery to claimant upon receipt of a duly executed release, Original claim and supplement is attached hereto. Respectfully submitted, R. N. Russo, City Attorney Councilman Schultz moved that the recommendation of the City Attorney be approved. Seconded by Councilman McCauley. Carried by the following vote: Yeas — Mayor Ludwig, Council- men :McCauley, Pfohl, Pregler, Schultz. Nays --None. June 30, 1967 lion. Mayor & City Council Gentlemen: On the 3rd day of September, 1965, Edward J. Stanley filed claim against the City of Dubuque, Iowa, claiming damages to his property as the result of backup of sewer in his basement, on August 27, 1965. I have made an investigation of this matter and have conferred with the claimant who has made an offer of settlement in the amount of $100.00 and it is the recommendation of the City Attor- ney that said offer of settlement be accepted and that the City Au- ditor be instructed to draw a war- rant payable to Edward J. Stanley in the amount of $100.00 and trans- mit the same to the City Attorney Regular Session, July 3, 1967 329 for delivery upon receipt of a duly executed release. Original claim is returned here- with. Respectfully submitted, R. N. Russo City Attorney Councilman Pfohl moved that the recommendation of the City Attorney be approved. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. Nays—None. June 26, 1967 Hon. Mayor do City Council Gentlemen: This is to advise that the City of Dubuque and the Dubuque Boat Club have negotiated for the City to acquire an easement in and to the property of the Dubuque Boat Club for the purpose of erecting, installing and maintaining a flood wall levee and as part of the agreed consideration, it was agreed that the City give the Dubuque Boat Club a Letter of Intent to provide in effect that subject to the easement for the flood wall and road that upon construction of said flood wall the City of Dubuque would vacate Front Street and grant unto the Dubuque Boat Club the fee thereto as abutts the prop- erty of the Dubuque Boat Club subject however, that the use of the granted fee be such as to pro- vide for proper drainage and the use thereof be first approved by City of Dubuque, Iowa and the United States Army Corps of En- gineers. It is respectfully requested that the City Council approve this Ut- ter of Intent and that at such time as is appropriate that the City of Dubuque will perform its part as hereinabove outlined. Respectfully submitted, Gilbert D. Chavenelle City Manager Councilman McCauley moved that the request of the City Man- ager be approved and made a mat- ter of record. Seconded by Coun- cilman Pfohl. Carried by the fol- lowing vote: Yeas — Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. Nays—None. .lune 28, 1967 Honorable Mayor and Council Gentlemen: The City Planning and Zoning Commission has held a public hear- ing on a proposal to reclassify cer- tain properties lying on the west side of Kennedy Road between Pennsylvania Avenue and Asbury Road. A copy of the legal descrip- tion of the property and the zon- ing proposals as published in the Telegraph -He raid on June 6, 1967 is attached. It is the opinion of the Commis- sion that because of existing devel- opment in the area and because of the existing street pattern that the proposal as submitted is in the best interest of the community and the individual property owners that are effected. It is the recommendation of the Commission that the proposal as published in the Telegraph -Herald be approved. Respectfully submitted, Don Gilson Director of Planning Mayor Ludwig moved approval of the recommendation and same should be referred to the City So- licitor for proper proceedings. Sec- onded by Councilman Schultz. Car- ried by the following vote: Yeas — Mayor Ludwig, Coun- oilmen McCauley, Pfohl, Pregler, Schultz. Nays—None. ,lune 28, 1967 Honorable Mayor and Council Gentlemen: The City Planning and Zoning Commission has reviewed a request for vacation of that portion of Washington Street lying between 10th and 11th Streets. The Commission has found that this portion of Washington Street serves very little purposed as at vehicular right of way future plans for this area. indicate that there will be no ed use of this portion of Washington on has also found that tee is an existing sanitary sewer, storm sewer, water main, and a natural gas line located in the right of way. It is the recommendation of the City Planning and Zoning Commis- sion that the portion of Washington Street between 10th and 11th Streets be vacated provided that 330 Regular Session, July 3, 1967 utility easements satisfactory to the City Engineering Department, City Water Department, and the Natural Gas Company are obtained. Respectfully submitted, Don Gilson, Director of Planning Councilman McCauley moved that the recommendation of the Planning & Zoning Commission be approved and referred to the City Attorney for proper proceedings. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None. June 28, 1967 Honorable Mayor and Council Gentlemen: The City Planning and Zoning Commission has held a public hear- ing on a proposal to reclassify property lying on the south side of University Avenue between Del. hi Street and Booth Street from Multiple Residence to Local Busi. ness "A." The property is de- scribed as: Lots 1 through 6, Block 5 of Summit Addition, Lots 1 of 2 and 2 of 2 of Cleminson's Subdi- vision, and Lot 57 through 61, Block 7 of S. M. Langworthy's Addition. A petition in favor of the pro- posal was on file bearing eight sig. natures of persons owning prop- erty in and adjoining the area pro- posed to be reclassified. No one appeared at the public hearing to speak either in favor of or in op- position to the proposal. Two applications for rezoning of property located in this area were on file. One asked that the prop- erty at 1306 Delhi Street be re- classified from Multiple Residence to Local Business "A". The second request asked that property located at 1158, 1160, 1174, 1176, and 1190 University Avenue be reclassified from Multiple Residence to Local Business "B." It was the opinion of the Commission that the in- creased traffic that might be creat- ed by certain uses permitted in the I-ocal Business "B" would not be desirable for this area. It was fur- ther the opinion of the Commission that the property described in the proposal could be appropriately de. veloped for the uses permitted in the Local Business "A" District. It is the recommendation of the Commission that the property de. scribed above be reclassified from Multiple Residence to Local Busi- ness "A." Respectfully submitted, Don Gilson, Director of Planning Councilman Pfohl moved that the recommendation of the Com- mission be approved and referred to the City Solicitor for proper proceedings. Seconded by Council- man McCauley. Carried by the fol- lowing vote: Yeas — Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. Nays—None. June 30, 1967 Honorable Mayor and Council Gentlemen: The City Planning and Zoning Commission has reviewed a request made by the Illinois Central Rail- road Company to voluntarily annex property adjoining the city of Du- buque on the south and lying on both the north and south sides of Julien Dubuque Road. The prop- erty is described as: Beginning at the North West Corner of Section 6, Township 88 North, Range 3 Fast of the 5th Principal Meridian, thence East 934.8 feet; thence South 1087.95 feet; thence South 84025' West, 937.2 feet; thence North 1103.9 feet to the point of be- ginning and containing 17.432 acres. The Commission has found that city sanitary sewer and water fa- cilities have been extended to this property, and that fire and police protection can be provided upon annexation. It is the recommenda- tion of the Commission that this Petition for annexation be ap- proved. The Commission has scheduled a public hearing on the zoning of this property for July 27, 1967. Respectfully submitted, Don Gilson, Director of Planning Councilman Pfohl moved that the communication be received and filed. Seconded by Councilman Pregler. Carried by the following vote: Regular Session, July 3, 1967 331 Yeas — Mayor Ludwig, Coun- cilmen, McCauley, Pfohl, Pregler, Schultz. Nays—None. RESOLUTION NO. 198.67 Resolution Annexing Certain Territory to the City of Dubuque, Iowa WHEREAS, Illinois Central Rail- road Company is the owner of the following described territory ad- joining the City of Dubuque, Iowa, which real estate is described as follows: Beginning at the North West Cor- ner of Section 6, Township 88 North, Range 3 East of the 5th Principal Meridian, thence East 934.8 feet; thence South 1087.95 feet; thence South 84°25' West, 937.2 feet; thence North 1103.9 feet to the point of beginning and containing 17.432 acres; and WHEREAS, said owner of the hereinabove described territory has made written application to the City Council of Dubuque, Iowa, to annex the hereinabove described territory; and WHEREAS, said territory is be- ing built up and the inhabitants thereof will be enabled to secure the benefits of City Government by way of police and fire protection, and in addition to other benefits, if said territory is incorporated within the City Limits of the City of Dubuque, Iowa; and WHEREAS, Section 362.30 of the 1966 Code of Iowa, authorizes the extension of City Limits in situa tions of this character by the adop tion of Resolution therefor. NOW THEREFORE Be It Re solved by the City Council of thi City of Dubuque, Iowa: Section 1. That the territoria limits of the City of Dubuque Iowa, be and they are hereby ex tended by annexing to the City o Dubuque, Iowa, the following de scribed territory: Beginning at the North West Corner of Section 6, Township 88 North, Range 3 East of the 5th Principal Meridian, thenc East 934.8 feet; thence Soutl 1087.95 feet; thence South 84°2: West, 937.2 feet; thence Nord 1103.9 feet to the point of begir ning and containing 17.432 acres. Section 2. That the City Cler be and he is hereby directed t ile a certified copy of this Reso- ution in the office of the Dubuque ,ounty Recorder and in the office d the City Assessor. Passed, adopted and approved his 3rd day of July, A.D., 1967. Richard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler Councilmen kttest: Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by louncilman McCauley. Carried by the following vote: Yeas — Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. Nays—None. Notice of claim of Sharon M. Hit- tenmiller of 590 Angella Street, in the amount of $30.79 for personal injuries received in a fall in the crosswalk at 8th & Main Street on May 26, 1967, presented and read. Councilman Pregler moved that the notice of claim be referred to the City Solicitor for investigation and report. Seconded by Councilman Pfohl. Carried by the following vote: Yeas — Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. Nays—None. Notice of Suit of D. B. & Ruth Cassat, in the amount of $756.95 for car repairs and $7,531.90 for personal injuries received as the result of striking a median strip at or near 1600 Locust Street, pre- sented and read. Councilman Preg- ler moved that the notice of suit be referred to the City Solicitor for investgiation and report. Sec- onded by Councilman Pfohl. Car- ried by the following vote: Yeas — Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. Nays—None. Petition of County -City of Du- buque Authority requesting reser- vation of one city block in the re- cently approved urban renewal plan, presented and read. Council- man Pfohl moved that the petition be received and filed. Seconded by 332 Regular Session, July 3, 1967 Councilman McCauley. Carried by the following vote: Yeas — Mayor Ludwig, Coun- cilmen McCauley. Pfohl, Pregler, Schultz. Nays—None. Petition of Dubuque Community School District requesting permis- sion to use aerial fireworks pieces during the course of five home football games during the 1967 season, presented and read. Mayor Ludwig moved approval of the pe- tition subject to approval of the Fire Chief. Seconded by Council- man Pregler. Carried by the fol- lowing vote: Yeas — Mayor Ludwig. Coun- cilmen McCauley, Pfohl, Pregler, Schultz. Nays—None. Petition of United Fund of Du. buque Inc. requesting participation t.y the City in the amount of $5000 as their share of the Community Service Planning activities for Health, Welfare, Group Work and recreation, presented and read. Councilman McCauley moved that the petition be referred to the Council and Manager for budget review. Seconded by Mayor Lud- wig. Carried by the following vote: Yeas — Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. Nays—None. Petition of William 11. Olsen re- questing a refund of $1.00 on the unexpired portion of Class B beer permit No. 7, as he has discon- tinued business on June 30, 1967, presented and read. Councilman Pregler moved that the refund be granted and the Auditor instructed to issue proper warrant. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. Nays—None. Petition of John L. Sullivan re- questing a refund of $100 on the unexpired portion of Class B beer permit No. 19, as he has discon- tinued business on June 30, 1967, presented and read. Councilman Pregler moved that the refund be granted and the Auditor instructed to issue proper warrant. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Mayor Ludwig, Coun- !ilmen McCauley, Pfohl, Pregler, Schultz. Nays—None. Proof of Publication, certified to by the Publisher of notice of pub- lic hearing to consider City Man- ager's report on the condition of the buildings owned by L. Ming and Marilyn Wong, located at 280 Main Street, presented and read. Mayor Ludwig moved that the proof of publication be received and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. Nays—None. Statement of City Clerk, certify- ing that. official notice of public hearing was mailed by certified mail to L. Ming Wong and Mari- lyn Wong at 280 Main Street on Thursday June 8, 1967, presented and read. Councilman Pregler moved that the statement be re- ceived and filed. Seconded by Councilman Pfohl. Carried by the following vote: Yeas — Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. Nays—None. Mayor Ludwig moved that the rules be suspended to allow any- one present address the Council if they so desire. Seconded by Coun- cilman Pfohl. Carried by the fol- lowing vote: Yeas — Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. Nays—None. Mr. Wong addressed the Coun- cil, rather timidly, by stating that he owned the building since 1959. After some questioning he admit- ted that he had an opportunity to sell the property to the Julien Ho- tel in 1963. Building Commission- er Bandy stated that his depart- ment has been trying to get Mr. Wong to cooperate since 1959. The City went through the expense and effort to hire Mr. McGinn, an archi. tect, to make a complete inspection of the Wong building. Bandy's rec- ords further reveal that a copy of McGinn's report was submitted to Mr. Wong, on March 2, 1967 and on March 6, 1967 a copy of the City Manager's report was submit - u Regular Session, July 3, 1967 333 ted to Mr. Wong all in the hope of receiving cooperation from Mr. Wong, but to no avail. RESOLUTION NO. 19967 Whereas the City Manager has reported to the City Council that the building and premises located on the South 22' of City Lot 8 owned by L. Ming Wong and Mari- lyn Wong and known as 280 Main Street in the City of Dubuque, Dubuque County, Iowa is danger- ous to life and health because of its condition and that demand has been made by him upon L. Ming Wong and Marilyn Wong, as own- ers of said property, that the con- ditions complained of, be corrected and that said owner has failed to correct the conditions within the time provided by the notice: And, Whereas on June 5, 1967, the City Council set the report down for hearing at 7:30 o'clock p.m. Central Daylight Time July 3, 1967, in the City Council Chamber, in the City Hall, in the City of Du- buque, Dubuque County, Iowa, and directed the City Clerk to give notice of said hearing; And, Whereas it appears by return of service now on file in the records of the City Council that notice of said hearing was given by serving by registered mail L. Ming Wong and Marilyn Wong personally on June 8, 1967, and by publication in the Telegraph Herald Newspa• per on June 9, 1967; And, Whereas pursuant to said notice on order of the City Council pub lic hearing was held at 7:30 o'clock p.m. Central Daylight Time on Jul) 3, 1967, in the City Council Chamb ers, in the City Hall, in the Cit) of Dubuque, Iowa, at which time the owners of the above describes real estate, was afforded an oppor tunity to be heard and witnesses concerning the condition of the property and the hazard wer( heard; And, Whereas the Council has dull considered the testimony of Wit nesses and viewed the premise, and has reached its determination Now, therefore, be it resolve( by the City Council of the City o Dubuque: That the structure known as 280 Main Street and located on the south 22' of City Lot 8 in the City if Dubuque, Dubuque County, owa, be and the same are hereby ound and declared to be danger- ws to life, health and property ►nd same is deemed to be a nuis- ►nce; Section 2. That the City Manager )e and he is hereby authorized and 3irected to cause the structure known as 280 Main Street and lo- .ated on the South 22' of City Lot 1 in the City of Dubuque, Dubuque County, Iowa, to be dismantled and removed. Section 3. That upon completion Df said work the City Manager shall certify the cost thereof to the City Clerk. Section 4. That upon receipt of said certificate of cost from the City Manager, the City Clerk shall thereupon certify said cost to the County Auditor of Dubuque Coun- ty, Iowa and it shall be collected with and in the same manner as general property taxes. Section S. That the City Clerk be and he is hereby directed to record a certified copy of this Resolution in the office of the County Recorder of Dubuque County, Iowa. Passed, adopted and approved this 3rd day of July, 1967. Richard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfobl Walter A. Pregler Councilmen Attest: Leo F. Frommelt, City Clerk Councilman McCauley moved ad- option subject to delay of thirty days to give Mr. Wong a chance to come into compliance. Seconded by Mayor Ludwig. Carried by the following vote: Yeas — Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None. Proof of Publication, certified to by the Publisher, of notice of Pendency of resolution of necessity for public improvements and hear- ing upon proposed plans and spec- ifications, form of contract and cost of improvements for construc. tion of a twelve Inch (12") sanitary 33.1 Regular Session, July 3, 1967 sewer in Farragut street from the W.P.L. of Kerper Blvd, to the inter - sewer in Farragut street from the alley between Garfield Avenue and Kerper Blvd.; then an eight inch (8") sanitary sewer in the alley be- tween Garfield Avenue and Kerper Blvd. from the intersection with Farragut street 386.68' northerly. also an eight inch (81') sanitary sew- er from the sewer in the alley be- tween Garfield Avenue and Kerper Blvd. westerly through Lot. 180 of Ham's Addn. to Garfield Avenue and northerly in Garfield Avenue a distance of 258.16 feet, presented and read. Mayor I..udwig moved that the proof of publication be received and filed. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None. Statement of City Clerk certify- ing that notices of hearing were mailed by certified mail on June 12, 1967, to property owners of record obligated to pay for cost of constructing the Farragut street and adjacent alleys sanitary sew- er, presented and read. Council- man Pregler moved that the state. ment be received and filed. Second. ed by Councilman Schultz. Carried by the following vote: Yeas — Mayor Ludwig, Council. men McCauley, Pfohl, Pregler, Schultz. Nays—None. Communication of Thermolyne Corporation stating their position as to the proposed installation of the Farragut street sanitary sewer that they have a sewer for their purposes and that the proposed assessment is actually against prop. erty that is part of the Industrial Island, however not objecting to the proposed construction of the sewer, presented and read. Council• man Pfohl moved that the com- munication be received and filed. Seconded by Councilman McCau- ley. Carried by the following vote - Yeas — Mayor Ludwig, Council. men McCauley, Pfohl, Pregler. Schultz. Nays --None. (Necessity for Improvement) RESOLUTION NO. 147.67 WHEREAS, proposed plans, spec- ifications, form of contract, plat and schedule have been duly pre- pared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk showing among other things the following: 1. The size and kind of sewers. 2. Each lot proposed to be as- sessed together with a valuation fixed by the council. 3. An estimate of the cost of the proposed improvement, stating the same for each different type of construction and kind of material to be used. 4. In each case the amount there- of which is estimated to be assess- ed against each lot, for the Construction of a twelve inch (12") Sanitary Sewer in Farragut Street from the W.P.L. of Ker - per Boulevard to the intersection of Farragut Street and the alley between Garfield Avenue and Kerper Boulevard, then an eight inch (8") Sanitary Sewer in the alley between Garfield Avenue and Kerper Boulevard from the intersection with Farragut Street 386.68 feet northerly. Also, an eight inch (81 Sanitary Sewer from the sewer in the alley be- tween Garfield Avenue and Ker - per Boulevard westerly through Lot 180 of Ham's Addition to Garfield Avenue and northerly in Garfield Avenue, a distance of 258.16 feet. BE IT THEREFORE RESOLVED that the City Council on its own motion or upon petition of proper- ty owners, deems it advisable and necessary for the public welfare to make the herein mentioned im- provement, and unless property owners at the time of the final consideration of this proposed reso- lution have on file with the City Clerk objections to the amount of the proposed assessments, they shall be edeemed to have waived all objections thereto. Said improvements shall be con- structed and done in accordance with plans and specifications which have been prepared therefore by the City Engineer which have been approved by the City Coun- cil are now on file with the City Clerk. That the cost and expense of making said improvement will be assessed upon and against all privately owned property lying within assessable distance provid- ed by law and in an amount not to Regular Session, July 3, 1967 335 exceed the amount provided by law, property will be assessed whether the same abuts thereon or is adjacent thereto according to area and in proportion to the special benefits confered thereby, and any deficiency shall be paid out of sewer funds. Bonds shall be issued and sold in anticipation of deferred payments of assessments when a contract has been perform- ed and accepted and the proceeds thereof used to pay the contractor. The railway portion of any street or assessment district shall be assessed to and paid by the rail- way company. The above resolution was intro- duced, approved and ordered plac- ed on file with the City Clerk this 5th day of June, 1967. RECORD OF FINAL ADOPTION The foregoing resolution was finally passed and adopted, as proposed, by the City Council on the 3rd day of July, 1967. Richard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler Councilmen Attest: Leo F. Frommelt, City Clerk Councilman Pfohl moved final adoption of the resolution. Second- ed by Mayor Ludwig. Carried by the following vote: Yeas — Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None. Mr. Ray Kress of 2310 Garfield Ave., along with a group of his neighbors, were present to find out just exactly what route the sewer was going to take. All seemed to be in favor of the in. stallation but were curious as to how properties would be serviced. City Engineer White explained the layout in detail. (Ordering Construction) RESOLUTION NO. 200.67 BE IT RESOLVED by the Cit) Council of the City of Dubuque that pursuant to a resolution 01 necessity No. 147-67 which wa, duly passed by this Council, fol the construction of a twelve inch (12") sanitary sewer in Far ,agut Street from the W.P.L. of Kerper Boulevard to the inter- ;ection of Farragut Street and the alley between Garfield Avenue and Kerper Boulevard, then an eight inch (8") Sanitary Sewer in the alley between Garfield Avenue and Kerper Boulevard from the intersection with Farragut Street 386.68 feet northerly. Also an eight inch (8") sanitary sewer from the sewer in the alley between Garfield Avenue and Kerper Boulevard westerly through Lot 180 of Ham's Addition to Garfield Avenue and northerly in Garfield Avenue a distance of 258.16 feet, be and the same are hereby or- dered and constructed by this Council upon its own motion and with or without the petition of property owners. All the work shall be constructed in accord- ance with the plans and specifi- cations hgt'etofore adopted and now on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the cost and expense of the said improvement be paid for by levying special assessments against the privately owned property ly- ing within the assessable distance from the improvements, whether such property abut upon the same or are adjacent thereto, according to the area thereof and in propor- tion to the special benefits con- ferred, and any deficiency will be paid out of the sewer funds of the city. Payment will be made to the contractor out of funds realized from the sale of bonds to be is- sued in anticipation of deferred vpayments idedby law after thew k sessments as has beeen completed and accepted by the City Council. BE IT FURTHER RESOLVED that the City Clerk be and he is hereby ordered and directed to advertise for proposals for the con- struction of the various improve- ments herein provided for in the manner provided by law, the said improvements shall be completed on or before 60 days after notice to proceed is issued. BE IT FURTHER RESOLVED that this resolution being deemed urgent and of immediate neces- sity shall be in force and effect from and after its passage and adoption by the City Council. 336 Slx-cial Session, July 3, 1967 Passed, adopted and approved this 3rd day of July, 1967. Richard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman McCauley. Carried by the following vote: Yeas: Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None. RESOLUTION NO. 201.67 Resolution Accepting Delivery of Grant of Easement for Flood Protection Works. WHEREAS, Dubuque Oil Termi- nal Company has executed and de- livered to City of Dubuque, Iowa, a grant of perpetual easement in, on, over, and across the following described real estate, to wit: The easterly and southerly por- tions of that tract of land now under lease to party of the first part, pursuant to that certain lease dated March 24, 1964, filed for record in Dubuque County, Iowa on April 11, 1964, as Document No. 40092 and received in Book 296, page 552 et seq., which is con- tained within the hatched area pic- torially represented on Exhibit "A" hereto attached and denomi- nated thereon as Plat of Dubuque Oil Terminal Co. Lease Showing Easement for Flood Control Dike, in connection with City of Du buque Flood Control Plan. NOW THEREFORE Be It Re- solved by the City Council of the City of Dubuque, Iowa: Section 1. Delivery of grant of perpetual easement to City of Du- buque, Iowa by Dubuque Oil Ter- minal Company dated the 7th day of June, 1967, be and the same is hereby accepted by the City of Dubuque, Iowa. Section 2. That the City Clerk be and he is hereby ordered to execute the certificate of Clerk affixed to such granting instru- ment and cause said grant of per- petual easement to be recorded in the office of the Recorder in and for Dubuque County, Iowa, together with this Resolution. Passed, adopted and approved this 3rd day of July, 1967. Richard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler Councilmen Attest: I.eo F. Frommelt City Clerk Councilman Pfohl moved adop- tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas: Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None. RESOLUTION NO. 202-67 WHEREAS, City of Dubuque, Iowa, as Lessor, and the United States, as Lessee, entered into a certain written lease dated Janu- ary 1, 1947, designated as NOy(R)- 40838, as amended, covering the exclusive use by the United States of America of a parcel of land in the City of Dubuque, Iowa, con- taining approximately 0.85 acres at an annual rental of One ($1.00 Dol- lar and other valuable considera- tion, with renewal privileges in the Govrnment until June 30, 1977; and WHEREAS, the City of Du- buque, Iowa and the United States of America deem it to their mutual interest and benefit that the lease- hold premises be changed by de- leting therefrom a small area of land required by the City of Du- buque, Iowa, for the construction and maintenance of a roadway; and WHEREAS, the City of Du- buque, Iowa and the United States of America have entered into a written agreement designated as "Amendatory Agreement No. 3 To Lease NOy(R)-40838." NOW THEREFORE Be It Re- solved by the City Council of the City of Dubuque, Iowa: Section 1. That "Amendatory Agreement No. 3 To Lease NOy (R)-40838" to Lease NOy(R)-40838 amending lease entered into by and between the City of Dubuque, Iowa and the United States of America on January 1, 1947, wherein the description of the Regular Session, July 3, 1967 337 real estate in said original lease be delected in its entirety and the following description inserted in lieu and in substitution thereof, to wit: Beginning at the Southeast cor- ner of Lot 343 at a point common to the intersection of Front Street and Garfield Avenue, said point being 32 feet West of the center- line of Front Street for the true point of beginning; thence West a distance of 120 feet; thence Northwesterly a distance of 55.8 feet to the Southeast corner of Lot 333; thence Northwesterly a distance of 67.55 feet; thence North a distance of 52.1 feet; thence Northeasterly a distance of 98.17 feet; thence East a distance of 120 feet to a point; thence South parallel to the West line of Front Street, a distance of 231.3 feet to the point of be- ginning, all in Ham's Addition, City of Dubuque, containing ap- proximately 0.83 acres,. as shown on drawing attached hereto and made a part hereof as Exhibit "A" be and the same is hereby approved. Section 2. That the Mayor and City Clerk be and they are here- by authorized and directed to exe- cute for and on behalf of the City of Dubuque, Iowa, Amendatory Agreement No. 3 To Lease NOy (R)-40838. Passed, adopted and approved this 3rd day of July, 1967. Richard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler Councilmen Attest: Leo F. Frommelt City Clerk Mayor Ludwig moved adoption of the resolution. Seconded by Councilman McCauley. Carried by the following vote: Yeas: Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None. RESOLUTION NO. 203-67 Authorizing the Execution of Contracts for the Second Acqui- sition Appraisals for the Down- town Urban Renewal Proiect, Iowa R-15. WHEREAS, during the planning stage of the Downtown Urban Re- newal Project, Iowa R-15 the first acquisition appraisals of the real estate to be acquired were com- pleted, and WHEREAS, under date of June 28, 1967, the Department of Hous- ing and Urban Development has authorized the City of Dubuque to incur costs for the undertak- ing of the Urban Renewal Project, and WHEREAS, to facilitate the execution phase of the project it is necessary to obtain second real estate acquisition appraisals by ex- perienced, professional real estate appraisers, now therefore BE IT RESOLVED by the Coun- cil of the City of Dubuque: Section 1. That the City Man- ager be and he is hereby author- ized and directed to enter into contracts with S. DeWayne Guern- sey and J. T. Willits for the pur- pose of making second real estate appraisals of the fair market value of various parcels of real estate to be acquired by the City of Dubuque in the Downtown Urban Renewal Project, Iowa R-15, at a cost not to exceed $25,600.00. Passed, adopted and approved this 3rd day of July, 1967. Richard Ludwig Mayor M. Sylvester McCauley Walter A. Pregler Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop. tion of the resolution. Seconded by Councilman McCauley. Carried by the following vote: Yeas—Mayor Ludwig, Council- men McCauley, Pregler. Nays—Councilmen Pfohl, Schultz. RESOLUTION NO. 204.67 WI]EREAS, Mayor of City of Dubuque, Iowa, has executed Grant Agreement with the Fd o al to Avia- tion Agency pertaining 9-13-020-0710 and Contract No. FA - 67 -CE -4508 in connection with cer. tain improvements to be made to Dubuque Municipal Airport. NOW THEREFORE Be It Re- solved By the City Council of the City of Dubuque, Iowa: Section I. That the execution of the Grant Agreement Part 1— Offer in connection with Project ;338 Regular Session, July 3, 1967 9.13-020-C710 and Contract No. FA - 67 -CE -4508 of the Dubuque Mu- nicipal Airport by the Mayor of the City of Dubuque, Iowa, be and the same is hereby ratified and confirmed. Passed, adopted and approved this 3rd day of July, A.D. 1967. Richard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler Councilmen Attest: Leo F. Frommelt City Clerk Mayor Ludwig moved adoption of the resolution. Seconded by Councilman McCauley. Carried by the following vote: Yeas: Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None. RESOLUTION NO. 205-67 BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the following having complied with the provisions of law relating to the sale of Cigar- ettes within the City of Dubuque, Iowa, be granted a permit to sell Cigarettes and Cigarette Papers within said City. Cruso A. Alba, 2601 Jackson Street Herbert F. Bisping, 1401 Elm Street Shakey's Pizza Parlor, 4th & Locust Street William F. Dunne, 54 Locust Street Mrs. Alice Erschen, 2617 Univer- sity Avenue Victorina Ellis, 120 West 4th Street Louis H. Harle, 62 Locust Street Carl Herburger, 2987 Jackson Street Karigan Restaurant, 401 Central Avenue Kenneth J. Love, 802 Iowa Street Shirley Mihalakis, 574 East 16th Street Raymond McLaughlin, 2222 Central Avenue Russell E. Myers, 1618 Central Av- enue Palmer Drugs, 2600 Dodge St. Plaza 20 Doris Riekena, 301 Main Street Melvin A. Spiegelhalter, 10291/2 Main Street Raymond L. Schmitt, 2995 Central Avenue Richard N. Steeklein, 450 West Locust Street Donald E. Wertz, 1545 South Grandview Avenue Sy) A. Weiner, 201 East 22nd Street Richard Rahe & David Burds, 1564 Central Avenue Myril F. Healy, 205 Locust Street Max Rettenberger, 90 South Locust Street BE IT FURTHER RESOLVED that the bonds filed with the appli- cation be approved. Passed, adopted and approved this 3rd day of July, 1967. Richard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler Councilmen Attest: Leo F. Frommelt, City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Mayor Ludwig. Carried by the fol- lowing vote: Yeas — Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None. RESOLUTION NO. 206.67 WHEREAS, applications for Beer Permits have been submitted to this Council for approval and the same have been examined: NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the following applica- tions be granted and licenses be issued upon the compliance with the terms of the ordinances of the City. CLASS "B" BEER PERMIT Mrs. Helen Weiner, 709 University Avenue John L. Savary, 827 Dodge Street Mary G. Bahl, 253 Main Street Leo B. Grass, 1105 University Av- enue Nona G. Mahoney, 676 Central Av- enue Raymond L. Schmitt. 2995 Central Avenue Marcille A. Pauly, 1200 Iowa Street CLASS "C" BEER PERMITS Thompson's Food Markets, 250 West 1st Street Fred Weiner, 1101 White Street i 1 Regular Session, July 3, 1967 339 Passed, adopted and approved this 3rd day of July, 1967. Richard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler Councilmen Attest: Leo F. Frommelt, City Clerk Councilman Pfohl moved adop- tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None. RESOLUTION NO. 207.67 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 Mrs. Helen Weiner, 709 University Avenue John L. Savary, 827 Dodge Street Mary G. Bahl, 253 Main Street Leo B. Grass, 1105 University Av- enue Nona G. Mahoney, 678 Central Av- enue Raymond L. Schmitt, 2995 Central Avenue Marcille A. Pauly, 1200 Iowa Street CLASS "C" BEER PERMIT Thompson's Food Market, 250 West 1st Street Fred Weiner, 1101 White Street BE IT FURTHER RESOLVEI that the bonds filed by such apPli cants be and the same are hereby approved. Passed, adopted and approved his 3rd day of July, 1967. Richard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler Councilmen kttest: Leo F. Frommelt, City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman McCauley. Carried by the following vote: Yeas — Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None. RESOLUTION NO. 20847 WHEREAS, applications for Liq- uor Pemits have been submitted to this Council for approval and the same have been examined, NOW THEREFORE BE IT RE- SOLVED, by the City Council of the City of Dubuque, Iowa, that the following applications be grant- ed and licenses issued upon the compliance with the terms of the IOWA LIQUOR CONTROL ACT— CHAPTER 123—as amended by the 60th General Assembly, 1963. CLASS "A" CLUB LICENSE Benevolent & Protective Order of Elks #297, 7th & Locust Street Dubuque Metal Trades Council Club, 111 West 6th Street Amvets, Post No. 3, 429 Main Street CLASS "C" COMMERCIAL ESTABLISHMENT Arthur W. Pins, 2699 Kennedy Road Robert J. Bowen, 8th & Central Corner Harriett Bush, 700 East 16th Street Joseph P. & Bernice M. Hillard, 431 Rhomberg Avenue Donald M. Love, 250 West 6th Street June M. Noel, 2400 Central Avenue Marcille A. Pauly, 1200 Iowa Street Patricia Sarris, 760 East 16th Street Paul Schollmeyer, 176 Locust Street Albert J. Ney, 1842 Central Avenue Riverside Bowl, Inc., 1860 Haw- thorne Street Donald T. Sand, 2364 Washington Street Harry N. Gantert, 1301 Rhomberg Avenue 340 Regular Session, July 3. 1967 Mrs. Josephine Burke, 531 Main Street Russell Evans, 29 West 8th Street. Florence F. Herburger, 2987 Jack- son Street Alice Erschen, 2617 University Avenue Mark R. Smith and Bernard F. Skahill, 400 Central Avenue Richard N. Stecklein, 450 West Lo- cust Street Raymond McLaughlin. 2222 Cen- tral Avenue Helen Weiner, 709 University Ave- nue Cyril Meitl, 1555 Central Avenue Kenneth Jerome Love, 802 Iowa Street Creslanes Bowling, Inc., 255 South Main Street Russell E. Myers, 1618 Central Avenue Fischer Bowling Lanes Club, 880 Locust Street Raymond L. Schmitt, 2995 Central Avenue Passed, adopted and approved this 3rd day of July, 1967. Richard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz, Eldon A. Pfohl Waller A. Pregler Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Mayor Ludwig. Carried by the following vote: Yeas—Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None. RESOLUTION NO. 209.67 WHEREAS, applications for Liquor Permits were filed by the within named applicants and they have received the approval of thi. Council, and WHEREAS, the premises to bt occupied by such applicants wort inspected and found to comply with the State Law and all Citl ordinances relevant thereto ant they have filed proper bonds; NOW THEREFORE Be It Re solved by the City Council o: Dubuque, Iowa, that the Manage: be authorized to cause to be is sued to the following named appli cants a Liquor Permit. CLASS "A" CLUB LICENSE Benevolent & Protective Order of Elks #297, 7th and Locust Street Dubuque Metal Trades Council Club, 111 West 6th Street Amvets, Post #3. 429 Main Street CLASS "C" COMMERCIAL ESTABLISHMENT Arthur W. Pins, 2699 Kennedy Road Robert J. Bowen, 8th and Central Corner Harriett Bush, 700 East l6th Street Joseph P. and Bernice M. Hillard, 431 Rhomberg Avenue Donald M. Love, 250 West 6th Street June M. Noel, 2400 Central Ave- nue Marcille A. Pauly, 1200 Iowa Street Patricia Sarris, 760 Fast 16th Street Paul Schollmeyer, 176 Locust Street Albert J. Ney, 1842 Central Ave- nue Riverside Bowl, Inc., 1860 IIaw- thorne Street Donald T. Sand, 2364 Washing- ton Street Harry N. Gantert, 1301 Rhomberg Avenue Mrs. Josephine Burke, 531 Main Street Russell Evans, 20 West 8th Avenue Florence F. Herburger, 2987 Jack- son Street Alice Erschen, 2617 University Avenue Mark R. Smith and Bernard F. Skahill, 400 Central Avenue Richard N. Stecklein, 450 West Locust Street Raymond McLaughlin, 2222 Central Avenue Helen Weiner, 709 University Ave- nue Cyril Meitl, 1555 Central Avenue Kenneth Jerome Love, 802 Iowa Street Creslanes Bowling, Inc., 255 South Main Street Russell E. Myers, 1618 Central Avenue Fischer Bowling Lanes, 880 Locust Street Raymond L. Schmitt, 2995 Central Avenue i 1 Regular Session, July 3, 1967 341 Passed, adopted and approved this 3rd day of July, 1967. Richard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz, Eldon A. Pfohl Walter A. Pregler Councilmen Attest: Leo F. Frommelt City Clerk Mayor Ludwig moved adoption of the resolution. Seconded by Councilman McCauley. Carried b� the following vote: Yeas—Mayor Ludwig, Council- men McCauley, Pfohl, Preg er, Schultz. Nays—None. Mayor Ludwig moved that the Council encourage the practice of ringing bells at two o'clock P.M. on Independence Day. Seconded by Councilman Schultz. Carried by the following vote: < Yeas—Mayor Ludwig, Council. men McCauley, Pfohl, Pregler Schultz. Nays—None. There being no further business Councilman McCauley moved to adjourn. Seconded by Councilman Pregler. Carried by the follow- ing vote: 1 Yeas—Mayor Ludwig, Council men McCauley, Pfohl, Pregler, Schultz. Nays—None. Leo F. Frommelt City Clerk Approved October. 16,.,,1967 Adopted ..00 t ob er 16 .1967 3.12 Special Session, July 13, 1967 CITY COUNCIL OFFICIAL Special Session, July 13, 1967. Council met at 4:30 P.M. (D.S.T.). Present—Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. City Manager Gilbert D. Chavenelle. Mayor Ludwig read the call and stated that service thereof had been duly mace and this meeting is called to consider adoption of a resolution authorizing filing of application with the Public Health Service United States of America, for a grant under the Water Pollu- tion Control Act, (33 U.S.C. 446 et seq.), and acting upon such other business as may properly come before a regular meeting of the City Council. RESOLUTION NO. 2111.67 Resolution authorizing filing of application with the Public Health Service, United States of America, for a Grant under the Water Pol- lution Control Act, (33 U.S.C. 446 et seq). WHEREAS, under the terms of the Water Pollution Act, (33 U.S.C. 446 et seq.) the United States of America has authorizedthe mak- ing of Grants to authorized appli- cants to aid in the construction of specific public projects: NOW THEREFORE, BE IT RESOLVED By Mayor and City Council 1. That the City Manager be and he is hereby authorized to execute and file an application on behalf of City of Dubuque, Iowa with the Public Health Service United States Government, for a Grant to aid in the construction of Interceptor Sewers, Pumping Stations and Waste Water Treat- ment Facilities. 2. That Gilbert D. Chavenelle, City Manager, be and he is hereby authorized and directed to furnish such information as the United States Public Health Service may reasonably request in connection with the application which is here• in authorized to be filed, and sign all necessary documents. Passed, adopted and approved This 13th day of July, 1967. Ricvhard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler Councilmen Attest: Leo F. Frommelt City Clerk Councilman McCauley moved adoption of the resolution. Sec- onded by Councilman Pregler. Car- ried by the following vote: Yeas: Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays ---None. Certificate of Recording Officer The undersigned duly qualified and acting City Clerk of the City of Dubuque, Iowa, does hereby certify: That the attached resolution is a true and correct copy of the reso- lution, authorizing the filing of application with the United States Public Health Service as regularly adopted at a legally convened meeting of the Mayor and City Council, duly held on the 13th day of July, 1967; and further that such resolution has been fully recorded in the journal of pro- ceedings and records in my office. In Witness Whereof, I have hereunto set my hand this 13th day of July, 1967. Leo F. Frommelt City Clerk (Seal) RESOLUTION NO. 211-67 WHEREAS, Park Hinard, Execu- tive Director of the Iowa League (of Municipalities, has rendetged very valuable service to the City of Dubuque, Iowa, and represent- ing the interests of the City of Dubuque, together with other cities, before the recent session of the Iowa Legislature both in pre- senting the proposed legislation and as well as keeping the City of Dubuque informed as to the progress of such legislation. NOW THEREFORE Be It Re- solved By the City Council of the City of Dubuque, Iowa: Section 1. That Park Rinard, Executive Director of the Iowa League of Municipalities, be and _.a Special Session, July 13, 1967 343 he is hereby publicly recognized by the City Council of the City of Dubuque, Iowa, for his services to said League and to the City of Dubuque in connection with proposed legislation submitted to the recent session of the Iowa Legislature as well as keeping the City of Dubuque informed as to the progress of said legislation, and that this City Council publicly go on record in expressing its grateful thanks to Mr. Park Rinard for his splendid services to the inhabitants of this community in connection with his duties as Ex- ecutive Director of the Iowa League of Municipalities, and that he be publicly thanked for his ef. forts on the behalf of the inhabi- tants of this City. Section 2. That the City Clark be and he is hereby authorized and directed to forward a cert fied copy of this resolution tt Mr. Park Rinard, Executive Direc. tor of the Iowa League of Mui{i= cipalities. Dated at Dubuque. Iowa, this 13th day of July, 1967. Richard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz, Eldon A. Pfohl < Walter A. Pregler `. Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pfohl moved adop. tion of the resolution. Seconded by Mayor Ludwig. Carried by the following vote: Yeas—Mayor Ludwig, council- men McCauley, Pfohl, Pregler, Schultz. Nays—None. There being no further business Councilman McCauley moved to adjourn. Seconded by Councilman Schultz. Carried by the following vote: Yeas—Mayor Ludwig, Council. men McCauley, Pfohl, Pregler, Schultz. Nays—None, Leo F. Frommelt City Clerk Approved Q.Qtcab.er...l6.,..1967 Adopted 16,x.1967 V Att;4/0:_4 ..... ........... i clerk 344 Special Session, July 17, 1967 CITY COUNCIL OFFICIAL Special Session, July 17, 1967. Council met at 7:30 P.M. (D.S.T.). Present—Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. City Manager Gilbert D. Chavenelle. Mayor Ludwig read the call and stated that service thereof had been duly made and this meeting is called for the purpose of acting upon a resolution approving and providing for the execution of a proposed Loan and Capital Grant Contract between the City and United States of America for the Downtown Urban Renewal Project Iowa, R-15, and acting upon such other business as may properly come before a regular meeting of the City Council. Communication of Allied Mutual Insurance C o m p a n y submitting Power of Attorney authorizing William 11. Sears, Paul H. Stray- er and 0. Knox Kling to execute any and all bonds on behalf of the Company, presented and read. Councilman Pregler moved that the Power of Attorney be received and filed. Seconded by Council- man Pfohl. Carried by the fol- lowing vote: Yeas—Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None. Communication of Iowa State Department of Health submitting operation record forms for the wastewater treatment Plant to gether with a set of rules and regulations of records of opera- tion of Waste Disposal Systems, presented and read. Mayor Ludwig moved that the communication be received and filled. Seconded by Councilman Schultz. Carried by the follow- ing vote: Yeas—Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None. Communication of D u b u q u e County Fair Ass'n advising date of Annual Fair Board dinner on August 3, 1967, presented and read. Councilman Schultz moved that the communication be received and filed. Seconded by Council- man Pfohl. Carried by the fol- lowing vote: Yeas—Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None. Communication of MG Junior F. Miller Headquarters Iowa Na- tional Guard acknowledging re- ceipt of Mayor Ludwig's communi- cation requesting assistance as provided in the new disaster aid bill, presented and read. Mayor Ludwig moved that the communication be received and filed. Seconded by Councilman Pregler. Carried by the follow- ing vote: Yeas—Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None. Communication of Hilda Utzig expressing appreciation for the resolution passed by the Council in behalf of her deceased hus. band, State Representative Arnold Utzig, presented and read. Councilman Pregler moved that the communication be received and filed. Seconded by Council- man Pfohl. Carried by the fol- lowing vote: Yeas—Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None. July 14, 1967 Honorable Mayor and City Council of the City of Dubuque Dubuque, Iowa Dear Sirs: On June 5, 1967, the City Coun- cil authorized a 25¢ per month increase in the rate charged by Dubuque TV -FM Cable Co. to its subscribers. As you know, the Company had applied for a 50¢ per month increase. In support of its application for a 50¢ per month increase, the Company made an extensive pre- sentation before the City Council and heard its position supported by the rate consultant employed by the City Council to review and make a recommendation concern- ing the Company's application. Nevertheless, the City Council re- fused to grant the entire rate in- i .♦ Special Session, July 17, 1967 345 crease requested by the Company. After considering the various alternatives available to the Com- pany as a result of the City Coun. cil's refusal to grant the entire rate increase requested by the Company, the Company's manage. ment has decided to accept the rate increase authorized by the City Council. This decision was made principally because of the Company's great respect for the excellent relationship which the Company has always had with the City Council and other City Offi- cials as well as with the residents of Dubuque. The Company wishes to advise you formally of its decision to accept the 25¢ increase approved by the City Council and of its in. tention to put that increase in effect as of August 1, 1967. Very truly yours, DUBUQUE TV -FM CABLE CO. Robert L. Loos Manager Councilman Pregler moved that the communication be referred to the City Solicitor for proper pro- ceeedings. Seconded by Council. man Pfohl. Carried by the fol. lowing vote: Yeas—Mayor Ludwig, Council. men McCauley, Pfohl, Pregler. Nays—Councilman Schultz. July 17, 1967 Honorable Mayor and Council Members Gentlemen: The City Planning and Zoning Commission has reviewed a re- quest to have the portion of Grove Terrace lying north of Arlington Street vacated. The Commission has found that the right-of-way is not used for vehicular traffic and that there is no proposed use of the right-of- way for vehicular traffic. There is an existing storm sewer, over- head electric power line, and over. head telephone line in the right. of -way. The fire department has indicated that vacation of the right-of-way would not interfere with their service to the abutting properties. Because of the topography of the area and the lack of any fore• seeable need for the street to be improved and used for vehicular traffic, it is the recommendation of the Commission that the street ., be vacated and that easements be obtained that are satisfactory to the City Engineering Department, Utility Companies, and the City Attorney. Respectfully submitted, Don Gilson, Commission Planning and Zoning Director of Planning Councilman Schultz moved that the recommendation be referred to the City Manager, City Solicitor, and City Engineer. Seconded by Mayor Ludwig. Carried by the fol- lowing vote: Yeas—Mayor Ludwig, Council. men McCauley, Pfohl, Pregler, Schultz. Nays—None. July 17, 1987 Honorable Mayor and Council Members Re: Regin Funk, Agent Sophia Broderick Estate, Petition Gentlemen: The Planning and Zoning Com- mission has reviewed a request to have the zoning classification of the property at 706 Rhomberg changed from Local Business "A" to Local Business "B." A public hearing was held on July 13, 1967. A petition bearing 36 signatures and a letter bearing one signa- ture were on file stating opposition to the proposal. A petition bear- ing 12 signatures was on file stat- ing favor for the proposal. At the hearing, representatives of the petitioner stated the reason for the request was to permit fu- ture expansion of the adjoining service station. Residents in the area stated that enlargement of the service station or related uses would substantially reduce the en- joyment of their homes. Because there was no substan. tial evidence offered in favor of the change and because of the strong objection of some of the residents, it is the recommenda- tion of the Commission that no change be made in the zoning classification of the property at 706 Rhomberg Avenue. Respectfully submitted, Planning and Zoning Commission Don Gilson, Director of Planning 346 Special Session, July 17, 1967 Councilman Pregler moved that the recommendation of the petition be approved. Seconded by Coun- cilman Schultz. Carried by the fol- lowing vote: Yeas—Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None. July 17, 1967 To the Honorable Mryor and City Council Gentlemen: Commander Perron phoned to- day and announced that Admiral Chester 1. Steele, District Com- mander, U. S. Coast Guard, died Monday, July 17th. Admiral Steele has rendered outstanding service to the City by giving his strong support to the flood activities of the Dubuque Coast Guard Unit. His death is, indeed, a loss to the City of Du- buque and should be observed by the City with proper honors. Respectfully, Gilbert D. Chavenelle City Manager Councilman Pfohl moved that the communication be referred to the Mayor and City Manager. Sec- onded by Councilman McCauley. Carried by the following vote: Yeas—Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None. July 10, 1967 To the Honorable Mayor and City Council Gentlemen: Attached are copies of letters sent by Mayor Ludwig to Governor Hughes and Major General Junior F. Miller requesting an interest- free loan in the amount of $3071- 000.00 to help pay for the costs incurred in the 1967 flood fight. The requested figure is $80,000.- 00 less than the amount originally requested authority to borrow from the State because of a 75% limita- tion in the bill passed and signed by the Governor. Respectfully, Gilbert D. Chavenelle, City Manager Councilman Pfohl moved that the communication be received and filed. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Mayor Ludwig, Council- men McCauley, Pfohl. Pregler Schultz. Nays—None. July 17. 1967 To the Honorable Mayor and City Council Gentlemen: This is to advise that I have approved the following bonds and desire to have your approval on same. SIDEWALK Carl Blosch, Merchants Mutual Bonding Company Fischer Investment Co., Hawkeye- Security Insurance Company George Frommelt, Merchants Mu- tual Bonding Company Norman R. Hubbard and D. L. De Heck, Western Surety Company Respectfully, Gilbert D. Chavenelle, City Manager Mayor Ludwig moved that filing of the bonds be approved subject to approval of the City Solicitor. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None. July 17, 1967 To the Honorable Mayor and City Council Gentlemen: I am returning to you the peti- tion of the Brotherhood of Rail- road Trainmen regarding trees along the railroad right of way. In answer to the petition I am enclosing a letter fom Mrs. Shirley Lang dated July 13th and a copy of a letter to Mr. A. J. Rooney. Respectfully submitted, Gilbert D. Chavenelle, City Manager Mayor Ludwig moved that the communication be received and fil- ed. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None. July 17, 1967 To the Honorable Mayor and City Council Gentlemen: I um returning to you the peti- tion of Thomas C. Hoffman for a water connection to a property off Kelly Lane which property lies i Special Session, July 17, 1967 347 partly within the Corporation lim. its. I am enclosing a letter from Mr. Hail which indicates that water can be supplied and in which he states conditions for supplying water service. As I understand it, the building has not yet been constructed and when it is it will be outside the Corporate limits. Under these circumstances I rec- ommend that the water connection be not permitted until the proper- ty is annexed upon which the house is to be constructed. Since Mr. Hoffman's property abuts the City Limits, annexation can be ac- complished on a petition from Mr. Hoffman requesting annexation. If this recommendation is ap- proved 1 further request that the Rater Department be instructed to so inform the petitioner. Respectfully submitted, Gilbert D. Chavenelle, City Manager Councilman Schultz moved that the recommendation of the City Manager be approved. Seconded by Councilman McCauley. Carried by the following vote: Yeas — Mayor Ludwig, Council- men McCauley. Pfohl. Pregler. Schultz. Nays—None. ORDINANCE NO. 33.67 An Ordinance Amending and Changing Ordinance No. 3.34 known as the Zoning Map and Zoning Ordinance of the City of Dubuque so as to change cer• tain property hereinafter de- scribed from "single family resi- dence district" classification to "local business district "B" clas- sification, presented and read. Councilman Pregler moved that the reading just had be considered the first reading of the Ordinance. Seconded by Councilman Schultz. Carried by the following vote: Yeas—Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. NeYs—None. Councilman Pregler moved that the rule requiring an Ordinance to be read on three separate days be waived. Seconded by Council. _. man Schultz. Carried by the fol. lowing vote: Yeas—Mayor Ludwig, council- men McCauley, Pfohl, Pregler, Schultz Nays—None, Councilman Pregler moved that a public hearing be held on the Ordinance on Augurt 7, 1967 at 7:30 P.M. in the Council Chamber at the CityHall and that the City Clerk be instructed to publish no- tice of the hearing in the manner required by law. Seconded by Councilman Schultz. Carried by the following vote: Yeas—Mayor Ludwig, Council. men McCauley, Pfohl, Pregler, Schultz. Nays—None, ORDINANCE NO, 34.67 An Ordinance Amending and Changing Ordinance No. 3-34 known as the Zoning Map and Zoning Ordinance of the City of Dubuque so as to change cer- tain property hereinafter de- scribed from "single family resi. dence district' classification to "two family residence district" classification, presented and read. Councilman Pregler moved that the reading just had be consid- ered the first reading of the Ordi- nance. Seconded by Councilman Schultz. Carried by the following vote: Yeas—Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—Nope. Councilman Pregler moved that the rule requiring an Ordinance to be read on three separate days be waived. Seconded by Councilman Schultz. Carried by the following vote: Yeas—Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz, Nays—None, Councilman Pregler moved that a hearing be held on the Ordi- nance on August 7, 1967 at 7:30 P.M. in the Council Chamber at the City Hall and that the City Clerk be instructed to publish no- tice of the hearing in the manner required by law. Seconded by Councilman Schultz. Carried by the following vote: 344 S1,,ial Session, July 17, 1987 Yeas—Mayor Ludwig, Council" l men McCauley, , Schultz. Nays—None. ORDINANCE NO. 3567 An Ordinance Amending and Changing Ordinance No. 3-34 known as the zoning map and zoning Ordinance of the City of Dubuque so as to change certain propety hereinafter de- scribed from "Single Family Residence District' classification to "Multiple Residence District' classification, presented and read. Councilman Pregler moved that the reading just had be considered the first reading of the Ordinance. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None. Councilman Pregler moved that the rule requiring an Ordinance to be read on three separate days be waived. Seconded by Council- man Schultz. Carried by the follow- ing vote: Yeas — Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None. Councilman Pregler moved that a hearing be held on the Ordinance on August 7, 1967 at 7:30 P.M. in the Council Chamber at the City Hall and that the City Clerk be instructed to publish notice of the hearing in the manner required by law. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None. ORDINANCE NO. 36.67 An Ordinance Amending and Changing Ordinance No. 3.34 known as the Zoning Map and Zoning Ordinance of the City of Dubuque so as to change certain property hereinafter described from "Local Business District "A" Classification to "Local Busi- ness District "B" Classification, presented and read. Councilman Pregler moved tha' the reading just had be considerec the first reading of the Ordinance Seconded by Councilman Schultz. Carried by the following vote: Yeas — Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None. Councilman Pregler moved that the rule requiring an Ordinance on three separate days be waived. Sec. onded by Councilman Schultz. Car- ried by the following vote: Yeas — Mayor Ludwig, Council. men McCauley, Pfohl, Pregler, Schultz. Nays—None. Councilman Pregler moved that a hearing be held on the Ordinance on August 7, 1967 at 7:30 P.M. in the Council Chamber at the City Hall and that the City Clerk be instructed to publish notice of the hearing in the manner required by law. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Mayor Ludwig, Council- men McCauley, Pfohl, Pregler. Schultz. Nays—None. ORDINANCE NO. 37-67 An Ordinance Amending and Changing Ordinance No. 3.34 known as the Zoning Map and Zoning Ordinance of the City of Dubuque so as to change cer- tain property hereinafter de- scribed from "multiple residence district' classification to "local business district B" classifica- tion, presented and read. Councilman Pregler moved that the reading just had be consid- ered the first reading of the Ordinance. Seconded by Council- man Schultz. Carried by the fol- lowing vote: Yeas—Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz, Nays --None. Councilman Pregler moved that the rule requiring an Ordinance to be read on three separate days be waived. Seconded by Council- man Schultz. Carried by the fol- lowing vote: Yeas—Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None. Councilman Pregler moved that a hearing be held on the Ordi- nance on August 7, 1967, at 7:30 i Special Session, July 17, 1%, i,, 349 o'clock P.M., in the Council Cham. ber at the City Hall and that the City Clerk be instructed to publish notice of the hearing in the man. ner required by law. Seconded by Councilman Schultz. Carried by the following vote: Yeas—Mayor Ludwig, Council. men McCauley, Pfohl, Pregler, Schultz. Nays—None. ORDINANCE NO. 38-67 An Ordinance Amending and Changing Ordinance No. 3-34 known as the Zoning Map and Zoning Ordinance of the City of Dubuque so as to change cer- tain property hereinafter de- scribed from "multiple residence district" classification to "local business district A" classification, presented and read. Councilman Pregler moved that the reading just had, be considered the first reading of the Ordinance. Seconded by Councilman Schultz. Carried by the following vote: Yeas—Mayor Ludwig, Council men McCauley, Pfohl, Pregler, Schultz. Nays—None. Councilman Pregler moved that the rule requiring an Ordinance to be read on three separate days be waived. Seconded by Council- man Schultz. Carried by the fol- lowing vote: Yeas—Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None. Councilman Pregler moved that a hearing be held on the Ordi. nance on August 7, 1967, at 7:30 P.M. in the Council Chamber at the City flail and that the City Clerk be instructed to publish no. tice of the hearing in the manner required by law. Seconded by Councilman Schultz. Carried by the following vote: Yeas—Mayor Ludwig, Council. men McCauley, Pfohl, Pregler, Schultz. Nays—None. ORDINANCE NO. 3967 An Ordinance designated re- cently annexed territory to the City of Dubuque, Iowa, as part of the first precinct of the City Of Dubuque, Iowa, Presented and read. Councilman McCauley moved that the reading just had be con. sidered the first reading of the Ordinance. Seconded by council- man Schultz. Carried by the fol. lowing vote: Yeas—Mayor Ludwig, Council. men McCauley, Pfohl, Pregler, Schultz. Nays—None. Councilman McCauley moved that the rule requiring an Ordi. nance to be read on three cepa. rate days be waived. Seconded by Councilman Pfohl. Carried by the following vote: Yeas—Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None. ORDINANCE No. 39-67 West One Qu1. erfeK ,(NNNW%) of Me the North Township Quarterne ., RX of the berth I Prin, cipalMeridan, which has been annexed to the tltr of Dubuque, Iowa, be and thespme Is hereby des�onated and ln• ciud. In the First Precinct of the C ty of Dubuque, Iowa, Passed, adopted and approved this 17th day of July, 1%7. Richard Ludwls MMSYI�tegrr��McCauley Marlin A. Pfohlm ter Attest: WClountiP reoler Leo F. Frommelt Publishede officially In The Telegraph. Herald Newspaper this 41st day of July 1167. Lep F. Frommetf It. 74» city Clerk. Councilman McCauley moved final adoption of the Ordinance. Seconded by Councilman Pregler. Carried by the following vote: Yeas—Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None. ORDINANCE NO. 40.67 An Ordinance Amending Ordi- nance No. 33-49, known as the "Traffic Code of Dubuque, Iowa" as amended, by amending Section A of Schedule III by adding a new subsection 16 thereto providing that east- bound and westbound motor vehicles must stop before en- tering the intersection of Oak Crest Drive and Maplewood Street, presented and read. 350 Special Session. Councilman McCauley moved that the reading just had he con. sidered the first reading of the Ordinance. Seconded by council- man Pregler. Carried by the fol- lowing vote: Yeas—Mayor Ludwig, Council- men McCauley. Pfohl, Pregler, Schultz. Nays—None. Councilman McCauley m o v e d that the rule requiring an Ordi- nance to be read on three sepa- rate days be waived. Seconded by Councilman Pfohl. Carried by the following vote: Yeas—Mayor Ludwig, Council- men McCauley, Pfohl, Pregler. Schultz. Nays—None. ORDINANCE NO. 40.67 AN ORDINANCE AMENDING ORDI- NANCE� NO.� 33-49,� KNOWN AS TME TERSECTION OF OAK CREST DRIVE AND MAPLEWOOD STREET. NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Ordinance No. 33.49, known as the "Traffic Code of Dubuque. Iowa" as amended, be and the same Is hereby amended by adding a new sub- section 16 to Section A of Schedule 111 thereof as follows: "SCHEDUI.E III. A. 16.Oak Crest Drive and Maple- wood Street." Passed, adopted and approved this 11th day of July, 1967. Richard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl WalterA. Pregler Councilmen Attest: Leo F. Frommelt City Clerk Published officially In The Telegraph - Herald Newspaper this 71st day of July 1967. Leo F. Frommelt 1t. 7.71 City Clerk. Councilman McCauley m o v e d final adoption of the Ordinance. Seconded by Councilman Pregler. Carried by the following vote: Yeas—Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None. ORDINANCE NO. 41-67 An Ordinance Amending Ordi- nance No. 33.49, known as the "Traffic Code of Dubuque, Iowa" as amended, by amend. ing Section A of Schedule X by adding a new subsection 7 there. to to provide that north bound motor vehicles must yield be- fore entering the intersection of Westway Drive and Graham Circle, presented and read. Councilman McCauley moved that the reading just had be con- sidered the first reading of the Ordinance. Seconded by Council- man Pregler. Carried by the fol- lowing vote: Yeas—Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None. Councilman McCauley moved that the rule requiring an Ordi- nance to be read on three sepa- rate days be waived. Seconded by Councilman Pfohl. Carried by the following vote: Yeas—Mayor Ludwig, Council- men McCauley, WON, Pregler, Schultz. Nays—None. ORDINANCE NO. 4147 ORDINANCE AMENDING CE NO. 33.49 KNOWN 4,FFIC CODE' OF Df IE IT ORDAINED IL OF THE CITY Section L That Ordinance No. 33.49, known as the "Traffic Code of Du- buque, Iowa" as amended, be and the same Is hereby amended by adding a new subsection 7 to Section A of Schedule X thereof as follows: "SCHEDULE X A. Northbound vehicles must yield before entering the Intersection of: 7. Westway Drive and Graham Circle." Passed, adopted and approved this 17th day of July, 1967. Richard Ludwig Mayor M,Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Walter A Pregler Councilmen Attest: Leo F. Frommelt City Clerk Published officially In The Telegraph - Herald Newspaper this 21st day of July 1967. Leo F. Frommelt City Clerk. 11. 7.21 Councilman McCauley moved final adoption of the Ordinance. Seconded by Councilman Pregler. Carried by the following vote: Yeas—Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None. ORDINANCE NO. 42-67 An Ordinance Amending Ordi- nance No. 33.49„ known as the "Traffic Code of Dubuque, Iowa" as amended, by amending Sec- Six-c•ixl Svssion, July 17, 1967 351 tion B of Schedule X by add- ing a new subsection 4 there- to to provide that southbound motor vehicles must yield be- fore entering the intersection of Westway Drive and Graham Circle, presented and read. Councilman McCauley moved that the reading just had he con- sidered the first reading of the Ordinance. Seconded by Council- man Pregler. Carried by the fol. lowing vote: Yeas—Mayor Ludwig, Council. men McCauley, Pfohl, Pregler, Schultz. Nays—None. Councilman McCauley m o v e d that the rule requiring an Ordi- nance to be read on three separate days be waived. Seconded by Coun- cilman Pfohl. Carried by the fol. lowing vote: Yeas—Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None. ORDINANCE NO. 42.47 DINANCE AMENDING ORD1. NO. 33-49, KNOWN AS THE: it rnnc c ue nn,v wtaf WAY DRIVE AND GRAHAM CIR. CLE. NOWTHEREFORE CITY ORDAINED COUNCIL OF THE BY CITY OF DUBUQUE, IOWA - Section 1. That Ordinance No 3149, known as the "Tralflc Code of Dubuque. Iowa" as amended, be and the same Is hereby amended by adding a new sub section 4 to Section a of Schedule X thereof as follows: "SCHEDULE X B Southbound vehicles must yield before entering the Intersection af: 4. Westway Drive and Graham Circ le. Passed, of 17th and approved this 17th day of July, 1967. Richard Ludwig Mayor M Sylvester McCaulev MerIln F. Schultz Eldon A. Plow WalterA. Pregler n Attesl: Coucilmen LK y . Frommelt le Published officially in The Trleuraph- Herald Newspaper this 21st day of July 1967. t..tro F. Frommelt I1 721 City Clerk. Councilman McCauley m o v e d final adoption of the Ordinance. Seconded by Councilman Pregler. Carried by the following vote: Yeas-- Mayw Ludwig, Council- nx'll Nlecauley. Pfohl, Pregler, Schultz. NaYs—None. snr Petition of John McLaughlin of 1601 Garfield Ave., requesting per. mission to erect a fence along De. catur Street to encompass addition. al back yard area, presented and read. Councilman Pregler moved that the petition be referred to the ,Manager and City Solicitor. Sec- onded by Councilman Schultz. Car- ried by the following vote: Yeas—Mayor Ludwig, Council. men McCauley, Pfohl, Pregler, Schultz. Nays—None. Petition of Voelker Realty Group requesting issuance of a (quit Claim deed to clear title on a vacated alley, which vacation was done by the City Council by Ordinance in 1918,.but never fully executed as to the issuance of a deed, presented and read. Mayor Ludwig moved that the petition be referred to the City Solicitor. Seconded by Councilman Schultz. Carried by the follow- ing vote: Yeas—Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays --None. Petition of John J. Roddy et a] (15 signers) requesting deletion of Apple Street from the side- walk project for 1968, presented and read. Councilman McCouley moved that the petition be received and filed. Seconded by Councilman Schultz. Carried by the following Vote Yeas—Mayor Ludwig, Council. men McCauley, Pfohl, Pregler, Schultz. Nays—None. Petition of Church of Resur- rection requesting permission to park a car, said car to be raffled off on September 3, on the cor- ner of 8th and Main Street from 6 to 9 Monday evening, July 24th, August 21st, for the purpose of selling chances, presented and read. Councilman Pfohl moved that the petition be denied and re- ferred to the City Solicitor for a reply by way of explanation. Seconded by Councilman Pregler. Parried by the following vote: Yeas-- Mayor Ludwig, Council- men Mccauley, Pfohl, Pregler, Schultz. Nays—None. 352 Special Session, Ju1y 17, 1987 Petition of George Saffran re- questing the erection of street lights in Marycrest Subdivision, north of Kaufmann Avenue, pre- sented and read. Councilman Pregler moved that the petition be referred to the City Manager and Electrical In- spector for investigation and re- port. Seconded by Councilman Schultz. Carried by the following vote: Yeas—Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None. RESOLUTION NO. 212-67 WHEREAS, the Mayor and City Clerk executed for and on behalf of the City of Dubuque an ease- ment granted by St. Regis Paper Company, a New York Corpora- tion, unto the City of Dubuque, Iowa an easement to place, con- struct, operate, repair and main- tain railroad track and appurten- ances, over, upon or along a cer- tain strip of land situated in Block 7 of Riverfront Subdivision #3 in the City of Dubuque and further described in said granting instru- ment; and WHEREAS, execution of said agreement by the Mayor and the City Clerk for and on behalf of the City of Dubuque, Iowa should be ratified and confirmed. NOW THEREFORE Be It Re- solved by the City Council of the City Council of the City of Du- buque, Iowa: Section 1. That the execution of the grant of easement agree- ment by and between St. Regis Paper Company, a New York Con *ration, and the City of Du. buque, a municipal corporation of Dubuque County, State of Iowa, by the Mayor and City Clerk for and on behalf of the City of Du. buque, Iowa, be and the same is hereby ratified and confirmed. Passed, adopted and approved this 17th day of July, 1967. Richard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz, Eldon A. Pfohl Walter A. Pregler Councilmen Attest: Leo F. Frommelt City Clerk Mayor Ludwig moved adoption of the resolution. Seconded by Councilman McCauley. Carried by the following vote: Yeas—Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None. NOTICE OF SPECIAL MEETING To the City Council of the City of Dubuque, Iowa Notice is hereby given that a special meeting of the City Coun- cil of the City of Dubuque, Iowa, will be held at Council Chambers in City Hall, Dubuque, Iowa, the regular meeting place thereof, at 7:30 o'clock, P.M., on Monday, July 17, 1967, for the purpose of acting upon a resolution approving and providing for the execution of a proposed Loan and Capital Grant Contract between the City of Du- buque and the United States of America for the Downtown Urban Renewal Project, Iowa R-15, and for transacting any other business which may properly come before such meeting. Dated this 14th day of July, 1967. Leo F. Frommelt City Clerk Certificate of Service I, Edwin Lindauer, of the Police Department, of the City of Du- buque, hereby certify that on the 14th day of July, 1967, I served a true copy of the foregoing No- tice of Special Meeting on the following Councilmen of the City of Dubuque in the manner indi- cated. Name of Manner of Councilmen Service Mayor Richard Ludwig, 461 8th Ave. Personal delivery by squad car. Witness my hand this 14th day of July, 1967. Edwin Lindauer Patrolman Leo F. Frommelt City Clerk A copy of the above notice was delivered to Councilman M. Syl- vester McCauley by Patrolman Eugene Digman, Councilman El- don A. 11fohl by Patrolman Paul Zimmerman, Councilman Walter A. Pregler by Patrolman Paul Zim- merman, Councilman Merlin F. Schultz by Patrolman Edwin find- auer. .w Special Session, July 17,_1967 353 Councilman Pfohl moved that the proofs of service be received and filed and made a matter of record. Seconded by Councilman McCauley. Carried by the follow- ing vote: Yeas—Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None. RESOLUTION NO. 213.67 Approving and providing for the execution of a proposed Loan and Grant Contract, numbered Contract No. Iowa R-15 (LG), between the City of Dubuque and the United States of Ameri. ca, pertaining to a certain proj- ect designated Project No. Iowa R15, and establishing a project expenditures account with re- spect to said project, and for other purposes. WHEREAS, under Title I of the Housing Act of 1949, as amended, the United States of America (herein called the "Government") has tendered to the City of Du- buque (herein called the "Local Public Agency") a proposed Loan and Capital Grant Contract under which the Government agrees to make a Project Temporary Loan, a Project Definitive Loan, and a Project Capital Grant to the Local Public Agency to aid in financing an urban renewal project, de- scribed therein; No. Iowa R-15, in the urban renewal area described therein; and WHEREAS the Local Public Agency has given due considera- tion to said proposed Contract; and WHEREAS the Local Public Agency is duly authorized, under and pursuant to the Constitution and laws of the State of Iowa to undertake and carry out said Proj- ect and to execute such proposed Contract; and WHEREAS under said proposed Contract it is required, among oth- er things, that, with respect to said Project, the local Public Agency shall promptly set up, and maintain in a bank or banks which are members of the Federal Deposit Insurance Corporation, a separate and special fund desig nated "Project Expenditures Ac- count; Project No. Iowa R-15," into which shall be deposited cer- tain funds described in said pro- posed Contract; now therefore BE IT RESOLVED by the Coun. cil of the City of Dubuque, Iowa: Section 1. The proposed Con. tract, designated "Loan and Capi- tal Grant Contract, Contract No. Iowa R-15 (LG)," consisting of Parts I and 11, under and subject to the provisions, terms, and con. ditions of which the Government will make a Project Temporary Loan, a Project Definitive Loan, and a Project Capital Grant un. der Title I of the Housing Act of 1949, as amended, to the Local Public Agency to aid in financing an urban renewal project, desig• nated Project No. Iowa R-15, situ- ated in the City of Dubuque, Iowa, is hereby in all respects approved. Section 2. The City Manager is hereby authorized and directed to execute said proposed Contract in two counterparts on behalf of the Local Public Agency, and the City Clerk is hereby authorized and di. rected to impress and attest the official seal of the Local Public Agency on each such counterpart and to forward such counterparts to the Department of Housing and Urban Development, together with such other documents relative to the approval and execution there- of as may be required by the Government. Section 3. The Local Public Agency agrees to abide by all of the provisions, terms, and condi- tions of said Contract. Section 4. With respect to this Project of the Local Public Agen- cy, designated Project No. Iowa R-15, there is hereby established a separate and special fund, desig- nated "Project Expenditures Ae count; Project No. Iowa R 15," which shall be maintained in a bank or banks which are members of the Federal Deposit Insurance Corporation. All funds which, by the terms of the Loan and Capital Grant Contract, are required to be deposited in said account shall be promptly deposited therein. Passed, adopted, and approved this 17th day of July, 1967. Richard Ludwig Mayor M. Sylvester McCauley Walter A. Pregler Councilmen Attest Leo F. Frommelt City Clerk 354 Special Session, July 17, 1967 Mayor Ludwig moved adoption of the resolution. Seconded by Councilman McCauley. Carried by the following vote: Yeas—Mayor Ludwig, Council- men McCauley, Pregler. Nays — Councilmen Pfohl, Schultz. RESOLUTION NO. 21467 Assuring that the land to be retained in the Downtown Ur- ban Renewal Proiect, Iowa R-15 will be developed in accordance with the Urban Renewal Plan. WHEREAS, in accordance with the authority contained in Chap- ter 403 of the 1966 Code of Iowa, the City of Dubuque (herein called the "Local Public Agency") is entering into a Loan and Capi- tal Grant Contract, Contract Num- bered Iowa R-15 (LG), with the Department of Housing and Urban Development, United States of America (herein called the "Gov. ernment"), for the undertaking of an Urban Renewal Project known as the Downtown Urban Renewal Project, Iowa R-15 (herein called the "Project") in an area (here- in called the "Project Area") lo- cated in the City of Dubuque; and WHEREAS, there has been pre- pared and approved by the Local Public Agency an Urban Renewal Plan dated May, 1967, for the Project; and WHEREAS, in order to achieve the objectives of the Project, the Urban Renewal Plan provides for the retention by the Local Public Agency of Redevelopment Areas four, five and seven (herein col. lectively called "Property") for use and redevelopment as public parking facilities; now therefore BE IT RESOLVED By the Coun. cil of the City of Dubuque, Iowa: Section 1. That the purchase Price which shall be determined to be the fair market value for the use contemplated in the Ur- ban Renewal Plan of the Property shall be based upon two independ. ent reuse appraisals concurred in by the Local Public Agency and the Government, and shall be paid by the Local Public Agency upon receipt of such concurred in price. Saciion 2. That the Local Pub. lie Agency will develop the Pro. perty by construction thereon of surfaced parking lots with trees, landscaping, hedges and parking meters (herein collectively called the "Improvements") and all plans and specifications and all work by the Local Public Agency with respect to such redevelopment of the Property and the construction or the making of other improve- ments thereon, if any, shall be in conformity with the Urban Re- newal Plan and all applicable state and local laws. Section 3. The Local Public Agen- cy agrees for itself, its successor and assigns, and every successor in interest to the Property, or any part thereof that the redevelop- ment of the Property will com- mence and diligently proceed to completion so as to meet the ob- jectives of the Urban Renewal Plan to provide and meet the demand for required offstreet parking dur- ing the execution stage of the Project, and in any event the Im- provements will be completed by the completion date of Project Execution. The Local Public Agen- cy further agrees and covenants that the Property herein will not be used until the purchase price has been deposited to the credit of the Project Temporary Loan Repayment Fund and that upon said acquisition the Local Public Agency shall provide by Resolu- tion for the times for commence- ment and completion of the im- provements herein. Section 4. The Local Public Agency agrees for itself, its suc- cessors and assigns, and every suc- cessor in interest to the Property, or any part thereof, that the Local Public Agency and such successors and assigns, shall (a) Devote the Property to and only to and in accordance with, the uses specified in the Urban Renewal Plan, as the same may be here- after amended from time to time; and (b) Not discriminate upon the basis of race, color, creed or national origin in the sale, lease or rental or in the use or occupancy Equal Employment Opportunity. During the perform- ance of this contract, the Contrac- tor agrees with the Public Body as follows: (a) The Contractor will not dis- criminate against any em- Slx•cia) Session, July 17, 1% 355 ployee or applicant for em- ployment, because of race, creed, color, or national ori- gin. The Contractor will take affirmative action to ensure that applicants are employed. and that em- ployees are treated during employment, without regard to race, creed, color, or na. tional origin. Such action shall include, but not he lim- ited to, the following: em- ployment, upgrading, demo- tion, or transfer; recruit- ment or recruitment adver- tising: layoff or termina. tion: rates of pay or other forms of compensation; and selection for training, in. cluding apprenticeship. The Contractor agrees to post in conspicuous places, avail. able to employees and ap. plicants for employment, notices to be provided by the Agency setting forth the provisions of this nondis- crimination clause. (b) The Contractor will, in all solicitation or advertise- ments for employees placed by or on behalf of the Con. tractor, state: that all quali- fied applicants will receive consideration for employ- ment without regard to race, creed, color, or national origin. (c) The Contractor will send to each labor union or repre. sentative of workers with which the Contractor has a collective bargaining agree. ment or other contract or understanding, a notice, to be provided; advising the labor union or worker's rep- resentative of the Contrac. tor's commitments under Section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in con- spicuous places available to employees and applicants for employment. (d) The Contractor will comply with all provisions of Ex. ecutive Order 11246 of Sep. tember 24, 1965 and of the rules, regulations and rele. vant orders of the Secretary Of Labor. (e) The Contractor will furnish all information and reports required by Executive Or- der 11246 of September 24, 1965, and by the rules, reg. ulations and orders of the Secretary of Labor or of the Secretary of Housing and Urban Development pursu- ant thereto, and will permit access to the Contractor's books, records, and accounts by the Agency, the Secretary Of Housing and Urban De. velopment, and the Secre- tary of Labor for purposes of investigation to ascertain compliance with such rules, regulations and orders. M In the event of the Con- tractor's noncompliance with the nondiscrimination clauses of this contract or with any of such rules, reg. ulations, or orders, this con. tract may be cancelled, ter- minated, or suspended in whole or in part and the Contractor may be declared ineligible for further gov. ernment contracts or feder. ally assisted construction contracts in accordance with Procedures authorized in Ex. ecutive Order 11246 of Sep- tember 24, 1965, and such other sanctions may be im. posed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regu- lation, or order of the Sec- retary of Labor, or as other- wise provided by law. (g) The contract will include the provisions of paragraphs (a) through (g) of this Sec- tion in every subcontract or purchase order unless ex- empted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965 so that such pro- visions will be binding upon each subcontractor or ven- dor. The Contractor will take such action with re- spect to any construction contract, subcontract, or purchase order as the Agen- cy or the Department of Housing and Urban Develop- ment may direct as a means 3,36 Special Session, July 17, 1967 of enforcing such provi- sions, including sanctions for noncompliance: Provid- ed however, that in the event the Contractor be- comes involved in, or is threatened with, of the Pro- perty or any Improvements erected or to be erected thereon, or any part there- of. Section S. It is intended and agreed that the agreements and covenants provided in Section 4 shall be covenants running with the land and that they shall, in any event, and without regard to technical classification or desig- nation, legal or otherwise, be, to the fullest possible extent per- mitted by law and equity, bind- ing for the benefit and in favor of, and enforceable by the Local Public Agency, its successors and assigns, and the United States (in the case of the covenant provided in subsection (b) of Section 4), against the Local Public Agency, its successors and assigns, and every successor in interest to the Property or any part thereof or any interest therein, and any party in possession or occupancy of the Property or any part thereof. It is further intended and agreed that the agreement and covenant provided (a) in subsection (a) of Section 4 shall remain in effect for twenty (20) years (at which time such agreement and covenant shall terminate), and (b) in sub- section (b) of Section 4 shall re- main in effect without limitation as to time. Section 6. In amplification, and not in restriction, of the provisions of the preceding Section, it is intended and agreed that the Local Public Agency and its successors and assigns shall be deemed ben- eficiaries of the agreements and covenants provided in Section 4, and the United States shall be deemed a beneficiary of the cove- nant in subsection (b) of Section 4, both for and in their or its own right and also for the purposes of protecting the interests of the com- munity and the other parties, pub. lie or private, in whose favor or for whose benefit such agreements and covenants have been provided. Such agreements and covenants shall run in favor of the Local Public Agency and the United States for the entire period dur- ing which such agreements and covenants shall be in force with- out regard to whether the Local Public Agency or the United States is or has been an owner of any land or interest therein to, or in favor of, which such agree- ments and covenants relate. The Local Public Agency shall have the right, in the event of any breach of any such agreement or covenant, and the United States shall have the right in the event of any breach of the covenant pro- vided in subsection (b) of Section 4 to exercise all the rights and remedies, and to maintain any ac- tions or suits at law or in equity or other proper proceedings to en- force the curing of such breach of agreement or covenant, to which it or any other beneficiaries of such agreement or covenant may be entitled. Section 7. That the Local Pub- lic Agency, nor any successor or assign shall be considered in breach of or in default under its obligations with respect to the preparation of Property for rede- velopment, or the beginning or completion of construction of the Improvements, or progress in re- spect thereto, in the event of en- forced delay in the perormance of such obligations due to unfor- seeable causes beyond its control and without its fault or negli- gence, including, but not restrict- ed to, acts of God, acts of the public enemy, acts of the Govern- ment, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusual- ly severe weather, or delays of contractors and subcontractors due to such causes; it being the pur- pose and intent of this provision that, in the event of the occur- rence of any such enforced de- lay, the time or times of perform- ance of the obligations of the Local Public Agency with respect to purchase of the Property or construction of the Improvements, as the case may be, shall be ex- tended for the period of the en- forced delay. Section 8. That the Local Pub- lic Agency, for itself, and its Slyvial Session. July 1i. pKr,3,57 successors and assigns, agrees that it will include the following pro. visions of this Section 8 in every contract or purchase order which may hereafter be entered into be- tween the Local Public Agency and any party (herein in this Sec- tion called "Contractor") for or in connection with the construc- tion of the Improvements, or any part thereof, unless such contract or purchase order is exempted by rules, regulations, or orders of the Secretary of Labor issued pursu. ant to Section 204 of Executive Order 11246 of September 24, 1965: litigation with a subcontractor or vendor as a result of such direction by the Agency or the Department of Housing and Ur- ban Development, the Contrac- tor may request the United States to enter into such liti- gation to protect the interests of the United Slates." For the purpose of including such provisions in any construc. tion contract or purchase order, as required by this Section, the term "Public Body" and the term "Contractor" may be changed to reflect appropriately the name of designation of the parties to such contract or purchase order, and the term "Agency" may likewise be changed to reflect appropriate- ly the name or designation of the Party referred to in the Agreement as "Agency." Section 9. This resolution is adopted for the purpose of in. ducing the Department of Hous- ing and Urban Development to issue its approval of the retention of the said Property for the pur. Pose intended against payment of the Purchase Price, and for the purpose of creating the covenants running with the land as set forth and listed in Section 5 and in order to accomplish same the City Clerk of the City of Dubuque is hereby authorized, empowered and directed to cause a certified copy Of this resolution to be recorded among the land records in the office of the Recorder of Dubuque County, State of Iowa, after the Local Public Agency has acquired title to the said Property. A Passed, adopted and approved this 17th day of July, 1967. Richard Ludwig Mayor M. Sylvester hlecaulcy Walter A. Pregler Attest: Leo F. Frommeltmen City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman McCauely. Carried by the following vote: Yeas—Mayor Ludwig, Council. men McCauley, Pregler. Nays—Councilmen Pfohl, Schultz. RESOLUTION NO. 215.67 Approving the transfer of cer. tain funds for the undertaking of the Downtown Urban Renew. al Project, Iowa R-15. WHEREAS, the City of Dubuque is entering into a Loan and Capi- tal Contract with the United States of America for the undertaking of the Downtown Urban Renewal Project, Iowa R-15, WHEREAS. pursuant to said con. tract and such undertaking, it is necessary that certain funds be transferred to facilitate the carry. ing out of project activities: NOW THEREFORE BE IT RESOLVED by the City Council of the City of Dubuque, Iowa: Section 1. That the transfer of funds now credited to the follow- ing accounts to the accounts in- dicated is hereby approved, and the City Auditor be and he is hereby authorized and directed to issue the necessary warrants to effectuate the necessary transfer. Accounts from Which Transfers to Be Made Liquor Sales Profit Account ..........................$17,121.00 General Fund Land Sales Account .............. 86,659.00 Total ....................$103,780.00 Accounts to Which Transfers Are to Be Made Rent Supplementation Account, Iowa R-15 .... $ 3,780.00 Project Expenditures Account, Project No. Iowa R-15 .................... 100,000.00 Total .................... $103,780.00 358 Special Session, Julv 1.7, 1987 Passed, adopted and approved this 17th day of July, 1967. Richard Ludwig Mayor M. Sylvester McCauley Walter A. Pregler Councilmen Attest: Leo F. Frommelt City Clerk Councilman McCauley m o v e d adoption of the resolution. Sec- onded by Mayor Ludwig. Carried by the following vote: Yeas— Mayor Ludwig, Council- men McCauley, Pregler. Nays—Councilmen Pfohl, Schultz. RESOLUTION NO. 216-67 Resolution approving Plat show - Easements for Railroad Right of Way over Lot 1 and Lot 2 of 2, both in Block 6 of Riverfront Sub. No. 3. WHEREAS there has been filed with the City Clerk a plat in which easements for railroad right of way over Lot 1 and Lot 2 of 2, both in Block 6 of Riverfront Sub. No. 3 is platted with easements over Lot 1 of Block 6 and Lot 2 of Lot 2 of Block 6 in Riverfront Subdivision No. 3 in the City of Dubuque, Iowa and. WHEREAS said plat has been examined by the City Council and they find the same conforms to the Statutes and Ordinances re- lating thereto; NOW, THEREFORE, Be It Re- solved by the City Council of the City of Dubuque, Iowa: Section 1. That the above de- scribed plat be and the same is hereby approved and the Mayor and Clerk be and they are hereby authorized and directed to en. dorse the approval of the City upon said plat. Passed, adopted and approved this 17th day of July, A.D., 1967. Richard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler Councilmen Attest: Leo F. Frommelt City Clerk Councilman Schultz moved adop• tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas—Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None. RESOLUTION NO. 21767 WHEREAS, the City Council of the City of Dubuque, Iowa, deems it necessary that an Assistant City Attorney be appointed to assist the present City Attorney; and WHEREAS, William A. Conzett, Attorney at Law, Dubuque, Iowa, should be appointed such Assistant City Attorney. NOW THEREFORE Be It Re- solved by the City Council of the City of Dubuque, Iowa: Section 1. That William A. Con- zett, Attorney at Law, Dubuque, Iowa, be and he is hereby appoint- ed Assistant City Solicitor of the City of Dubuque, Iowa, and that his annual salary be and the same is hereby fixed at $4500.00, and that he file the required bond in the amount of $1000. Passed, adopted and approved this 17th day of July, 1967. Richard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Mayor Ludwig. Carried by the following vote: Yeas—Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None. July 17, 1967 To the Honorable Mayor and City Council Gentlemen: In accordance with the Code of Iowa, 1962, Chapter 363 C. 7, para- graph 16, 1 submit to you the bud- get recommendation for the year 1968. The total expense requirement is $10,055,648.00. It can be fi- nanced with a tax rate of 38.2817 mills levied on an estimated $94,- 449,525.000 value of property sub- ject to the property tax. The total expense includes $2,- 577,665.00 2;577,665.00 Urban Renewal Project expense. The balance of $7,477,- Special Session, July 17, 1967 359 983.00 will be paid of out City funds. It includes $839,691.00 cost of improvements to be made in the Project Area by the City. Compared to 1967, the pertinent figures are: 1) The property tax rate increase is: 1.2777 mills. 2) The property tax levy increase is: $234,277.00. 3) The increased assessed valu- ation is: $3,069,819.00. Further, the increase in the tax rate is due to: 1) Increased City cost of em. employees retirement: 0.5403 mills. 2) Increased principal and Inter- est payments: 0.0920 mills. 3) All other expense: 0.6454 mills. Total: 1.2777 mills. This means that the owner of an average house, assessed at $4,000.00, will pay an increased tax over 1967 of $5.11. Namely: 1) increased retirement benefits for employees: $2.16. 2) Increased debt payment, name- ly, flood wall: $0.37. 3) All other services: $2.58. Total: $5.11. It should be pointed out that the retirement plans are enacted by the State Legislature and that the City of Dubuque has no sig- nificant control over their cost. Regardless of this situation, I am certain all agree that improved retirement benefits for Dubuque employees are long over -due. Similarly, I am certain all agree that the benefits of the flood wall are worth an increase of 37 cents to the average taxpayer, if for no other reason than to prevent a repetition of the $1,280,302.00 emergency flood cost which has been spent during the past three years. This budget recommendation provides for the improvements downtown and the services need. ed throughout the community. For example, tree disease control has been increased, the planning func- tion stepped up, and $192,000.00 has been car -marked for street construction in the outer areas. This hudget recommendation is a departure from previous bud- gets. For the first time, the refuse landfill has been set up as a sepa• rate operation. The sewage plant landfill, not previously included in the budget, has been included. Construction, such as the new water pumping station, not pre- viously budgeted, has been in- cluded. As a result, the budget recommendation is a more com- plete picture of the .,total,, City program. The recommendation includes a three percent pay increase for all City employees, an extra holiday to be taken on Veterans' Day, and three weeks vacation after ten years of service instead of the Previous requirement of twelve Years. The pay increase was ar- rived at by costing several plans and selecting that one which the City could afford within the statu- tory limit of 30 mills taxation on property. The budget recommend. ation is 0.0356 mills under the legal limit. The budget recommendation does not include the expenditures which have been made for past emergency flood protection. Sev- eral days ago I was informed by phone that the Federal Office of Emergency Planning had approved a final payment to the City in an amount which is sufficient to cover the deficit due to the 1965 flood. It is expected that the Fed- eral payment will be made soon. The $386,000.00 outstanding cost of the 1967 flood will be financed through borrowing. This budget recommendation is the work of the men and women of the Departments and Commissions. It was put into final form by the budget committee, Mr. Frommelt, Mr. Holscher, Mr. Slat- tery and the City Manager. It is presented to you as best repre- senting the needs of the City. Respectfully submitted, Gilbert D. Chavenelle City Manager Councilman Pregler moved that 'the communication be received and filed. Seconded by Council- man McCauley. Carried by the following vote: Yeas—Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None. RESOLUTION NO. 218.67 WHEREAS the City Manager has submitted a Budget. Estimate as provided in Chapter 24 of the 1966 Code of Iowa and the City 360 Special Session, July 17, 1967 Council has been duly considered and caused to be prepared the bud- get estimate of expenditures for the fiscal year beginning January 1, 1968 and ending December 31, 1968, as a basis for the tax levy for the year 1967, the same to be collected in the year 1968, and said budget having been duly ap- proved by it. NOW THEREFORE. BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: -That said Budget Estimate be and the same is hereby ordered filed in the office of the City Clerk of the City of Dubuque, Iowa and the date of public hearing thereon is hereby fixed as the 7th day of August 1967 at 7:30 o'clock P.M. Daylight Saving Time, in the Council Chamber at the City Hall. BE IT FURTHER RESOLVED that said Clerk be and he is hereby directed to cause said budget esti- mate of expenditures to be pub- lished in the official newspaper of the City of Dubuque and the offic- ial notice to be given of the time and place, when and where said Budget Estimate will be consider- ed by said Council for final adop- tion at which time and place tax- payers will be heard for or against said estimate, said publication to be not less than ten (10) days be- fore said date of hearing. Passed, adopted and approved this 17th day of July 1967. Richard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler Councilmen Attest: Leo F. Frommelt, City Clerk Councilman Pfohl moved adop- tion of the resolution. Seconded by Mayor Ludwig. Carried by the fol- lowing vote: Yeas — Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None. RESOLUTION NO. 21967 BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the following having complied with the provisions of law relating to the sale of Cigar- ettes within the City of Dubuque, Iowa, be granted a permit. to sell Cigarettes and Cigarette Papers within said City. Thompsons Food Market, Inc., 744 Main Street Fred Ansel, 1100 Lincoln Avenue Lloyd Collins, 30 Locust Street Clyde L. Bradley, 3198 Central Av- enue Phillip Langes, 1105 Loras Blvd. Max Rettenberger, 90 South Locust Street Catherine M. Meyer, 530 East 22nd Street BE IT FURTHER RESOLVED that the bonds filed with the ap- plication be approved. Passed, adopted and approved this 17th day of July, 1967. Richard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler Councilmen Attest: Leo F. Frommelt, City Clerk Councilman McCauley moved ad- option of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Ludwig, Council- men McCauley, Pfohl, Pregler. Schultz. Nays ---None. RESOLUTION NO. 220-67 WHEREAS, applications for Beer Permits have been submitted to this Council for approval and the same have been examined: NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the following applica- tions be granted and licenses be issued upon the compliance with the terms of the ordinances of the City. CLASS "B" BEER PERMIT Willard J. Driscoll, 509 8th Avenue Mrs. Catherine Lester, 1322 Central Avenue Catherine M. Meyer, 530 East 22nd Street CLASS "C" BEER PERMIT Thompson's Food Market, 744 Main Street _. SivOid Session, July 17, 1987 381 Passed, adopted and approved this 17th day of July, 1967. Richard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler Councilmen Attest: Leo F. Frommelt, City Clerk Mayor Ludwig moved adoption of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Ludwig, Council. men McCauley, Pfohl, Pregler, Schultz. Nays—None. RESOLUTION NO. 221.67 WHEREAS, applications for Beer Permits were filed by the within named applicants and they have re- ceived the approval of this Council; and WHEREAS, the premises to be occupied by such applicants we 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 he the Manager be and he is reby directed to issue to the following named applicants a Beer Permit. CLASS "B" BEER PERMIT Willard J. Driscoll, 509 Eighth Avenue Mrs. Catherine Lester, 1322 Central Avenue Catherine M. Meyer, 530 East 22nd Street CLASS "C" BEER PERMIT Thompsons Food Market, 744 Main Street BE IT FURTHER RESOLVED THAT THE BONDS FILED by such applicants be and the same are hereby approved. Passed, adopted and approved this 17th day of July, 1967. Richard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler Attest: Councilmenncilmen Leo F. Frommelt, City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Pfohl. Carried by the following vote: Yeas — Mayor Ludwig, Council. men McCauley, Pfohl, Pregler, Schultz. Nays—None. There being no further business Councilman McCauley moved to ad- Journ. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Mayor Ludwig, council- men McCauley, Pfohl, Pregler, Schultz. Nays—None. Leo F. Frommelt, City Clerk Approved October 16t..19s7 Adopted QQ.t.Al?O.F.. �7�1.... f.. ..... ...... .... Council Atte............................................. City Clerk Regular Session, August 7, 1967 363 (ITY COUNCIL OFFICIAL Regular Session, August 7, 1967. Council met at 7:30 P.M. (D.S.T.) Present — Mayor Ludwig, Councilmen McCauley, Pfohl, Pregler, Schultz. City Manager Gilbert D. Chavenelle. Mayor Ludwig read the call and stated that service thereof had been duly made and this is a regu- lar monthly meeting called for the purpose of acting upon such business as may properly come be- fore the meeting. Communication of Dubuque Jay- cees by Richard P. Friedman, Com- munity Development Director, re- questing to be heard at the meet- ing of August 7th, presented and read. Councilman Pregler moved that the communication be re- ceived and filed. Seconded by Ma- yor Ludwig. Carried by the follow- ing vote: Yeas — Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. Nays—None. Mayor Ludwig moved that the rules be suspended in order to let anyone present address the Coun- cil if they so desire. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. Nays—None. Mr. ,lames Reynolds, attorney from 222 Fischer Bldg., as a rep- resentative of the Jaycees, sub. nutted a petition to the Council containing 3500 signatures or more requesting that a special election be held wherein the following question be submitted. "Shall the City Council of the City of Dubuque be authorized to construct a Central Fire Sta. tion and contract indebtedness for such purpose?" Councilman NOW moved that the petition be received and filed. Seconded by Mayor Ludwig. Car- ried by the following vote: Yeas — Mayor Ludwig, Coun. cilmen McCauley, Pfohl, Pregler, Schultz. Nays—None. Mr. Ken Neuwoehner of 1491 Mt. Pleasant presented the Council with a check in the amount of $2000 from the Jaycees, to cover the cost of an election. Council. man McCauley moved that the check be placed on deposit with the City Treasurer until such time that all expenses and costs in. volved in holding the election be ascertained and accounted for. Sec. onded by Councilman Pfohl. Car. ried by the following vote: Yeas — Mayor Ludwig, Coun. cilmen McCauley, Pfohl, Pregler, Schultz. Nays—None. Mr. Dick Friedman of 1536 Park- way addressed the Council stating that the construction of a new cen- tral fire headquarters would help maintain the present Class 3 Fire rating for the City. If the Class were changed to a higher range it would materially effect the fire insurance rates for all citizens of the City. Mayor Ludwig moved that the matter of holding a special elec- tion for construction of a new fire headquarters be referred to the City Solicitor for proper proceed- ings. Seconded by Councilman Mc- Cauley. Carried by the following vote: Yeas — Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. Nays—None. Proof of Publication, certified to by the Publisher, of Budget Esti- mate and Record of Filing of Esti- mate of expenditures for the year 1968, presented and read. MA Regular Session. August 7. 1967 FILING 6000ETTOWN ANO CIITY ESTIMATEF a CouP.Mncilof Dubuqueat City f Dubuque County, ll Iowa, will meet August 7. lit Taxpayers will be heard for or against the following estimate of expenditures for the year beginning Januar% 1. 1968 A detailed statement of receipts and disbursements, both past and anticipated will be available at the hearinR. LEO F. FROMMELT City Clerk 1 2 3 4 __5— T cm* Expenditures d wc � d$' i° d L c ?� For Year d oM� FUNDS m m aw � — a��Q E v w" d AE�c c a1 °o �« a�E3 Ea 4u^ ., c For Year 6.41 H T ca °a, c Eur= .r ea zgF U 1965 I 1966 las``' w ] 3 `' G E. « ^ Enterprise I f 323,Mf 348 5951 307,6941 4,0001 98,Wl 204,894 Trust and Agency 1 70,556; 351,2021 316,6451 488,98,11 3,6501 54,3301 431,004 Street (Road Use Tax 1 105,562! 513.968 567,9521 955,8671 358,767 597,100 97 nsumateu Taxes per bl,uuu.uu of assesses Value w.za. 1 t. 7.21 Councilman Pregler moved that the proof of publication be re- ceived and filed. Seconded by Councilman Pfohl. Carried by the following vote: Yeas — Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. Nays—None. Communication of R. J. Taylor objecting to items of budget and printing done in East Dubuque by Tel -Graphics, being an out of state non-union firm presented and read. Councilman Pfohl moved that the communication be received and filed. Seconded by Mayor Ludwig. Carried by the following vote: Yeas — Mayor Ludwig, Coun. cilmen McCauley, Pfohl, Pregler, Schultz. Nays—None. Communication of Dubuque Po- licemen's Protective Assn request. ing consideration to be heard on the issue of wages and benefits for the coming year, presented and read. Councilman Pregler moved that the communication be re- ceived and filed. Seconded by Councilman McCauley. Yeas — Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. Nays—None. Communication of Dubuque Park Board requesting amendment to their budget in the amount of $3000 to cover Park Board member salaries as authorized by the 1987 Legislature, presented and read. Councilman Pfohl moved that the communication be received and filed. Seconded by Mayor Ludwig. Carried by the following vote: Yeas — Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. Nays—None. Mr. Thos. Rettenmeier addressed the Council relative to higher pay for the Police Department. Mr. Wm. Ohnesorge, business agent for the Operating Engineers, requested further consideration of the pay scale for Equipment Operators in the Water Department. Mr. R. F. Sefzik, 430 Clark Street, voiced objection to the overall large bud- get. Mr. Al Weitz of 2999 Burden Ave., R. J. Taylor R. R. #1, Herb. Kiefer of 535 Chestnut St., ob- Regular Session, August 7, ]987 365 jetted to urban renewal items in the budget. Councilman Schultz moved that the item of Second Administrative Assistant to the City Manager, at an annual proposed salary of $6516.00, be deleted from the 1968 budget. Seconded by Councilman Pfohl. The vote on the motion was as follows: Yeas — Councilmen Pfohl, Schultz. Nays — Mayor Ludwig, Council- men McCauley, Pregler. MOTION FAILED. Considerable time was spent in discussing Data processing for the coming year. City Treasurer Heitz - man explained to the Council what progress has been made as to the feasibility study inaugurated this year for Data Processing. Councilman Schultz moved that the item of $25,000 in the 1968 budget for proposed Data Process- ing expenditure, be deleted from the budget. Seconded by Council- man Pfohl. The vote on the motion was as follows: Yeas — Councilmen Pfohl, Schultz. Nays — Mayor Ludwig, Council- men McCauley, Pregler. MOTION FAILED. Councilman Schultz moved that the item of $10,000 proposed to be expended for Dubuque -City County Authority in the 1968 Budget be deleted. Seconded by Councilman Pfohl. Carried by the following vote: Yeas — Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. Nays—None. Councilman Schultz moved that the item of $10,000 proposed to be expended for an additional Plan- ner in the 1968 budget be deleted. Seconded by Councilman Pfohl. The vote on the motion was as follows: Yeas — Councilmen Pfohl, Schultz. Nays — Mayor Ludwig, Council- men McCauley, Pregler, Schultz. MOTION FAILED. COUNCIL RECESSED AT 10:20 P.M. RECONVENED AT 10:30 P.M. Councilman Schultz moved ap- proval of $3000 expenditure for Park Board member salaries, being an annual salary of $1000 for each of the three members on the Board. Seconded by Councilman McCauley. Carried by the follow. ing vote: Yeas — Mayor Ludwig, Coun. cilmen McCauley, Pfohl, Schultz. Nays—Councilman Pregler. Mayor Ludwig moved that the item of $25,000 proposed to be expended for Garage Improve. ment in the 1968 budget be de- leted. Seconded by Councilman Mc- Cauley. Carried by the following vote: Yeas — Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. Nays—None. Councilman Pfohl moved that the Urban Renewal monies pro- posed to be expended in the 1968 budget be deleted. Seconded by Councilman Schultz. The vote on the motion was as follows: Yeas — Councilmen Pfohl, Schultz. Nays — Mayor Ludwig, Council- men McCauley, Pregler. MOTION FAILED. Councilman Pfohl moved that the travel item in the City Council account be reduced by $1,000. Seconded by Councilman Schultz. The vote on the motion was as follows: Yeas—Councilman Plohl, Schultz. Nays—Mayor Ludwig, Council- men McCauley, Pregler. MOTION FAILED. Councilman McCauley moved that the Councilmen's salary be re- duced from $1200 per year to $900 per year. Seconded by Councilman Pfohl. The vote on the motion was as follows: Yeas — Councilmen McCauley, Pfohl. Nays — Mayor Ludwig, Council- men Pregler, Schultz. MOTION FAILED. Mayor Ludwig moved that the salaries for city employees be raised from three percent, as fig. ured in the present budget, to four percent. Seconded by Coun- cilman McCauley. Carried by the following vote: Yeas — Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. Nays --Nona. Councilman Pregler moved that the Health Director salary raise 368 Regular Session, August 7, 1 figured in the present budget in the amount of $2000 be reduced to a raise of $1000. Seconded by Councilman Pfohl. The vote on the motion was as follows: Yeas—Councilman Pregler. Nays — Mayor Ludwig, Council- men McCauley, Pfohl, Schultz. MO- TION FAILED. Communication of Dubuque Area Chamber of Commerce recom- mending adoption of the current buget and stating that budget is worthy of community support, pre- sented and read. Councilman Preg- ler moved that the communication be received and filed. Seconded by Mayor Ludwig. Carried by the fol- lowing vote: Yeas — Mayor Ldwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. Nays—None. August 1, 1967 To the Honorable Mayor and Members of the 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 eligible for taxation as agricultural land. Along with this list are the ap- plications for exemption 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 have filed their ap- plications in good faith and stated that the land is being used for ag- ricultural or horticultural purposes which would entitle them to ex- emption from Corporation taxes except 11/4 mills for street pur- poses. It is recommended that a copy of the attached list be filed with the County Auditor at the time of filing the budget and the City Clerk be instructed to do so, sub- ject to approval of your honorable body. Respectfully submitted, Gilbert D. Chavenelle City Manager Mayor Ludwig moved thatthe agricultural list be approved. Sec- onded by Councilman McCauley. Carried by the following vote: Yeas — Mayor Ludwig, Coun- cilmen McCauley. Plohl, Pregler, Schultz. Nays—None. RESOLUTION NO. 222-67 WHEREAS, the Council of the City of Dubuque, caused to be pre- pared and published as provided by law, the BUDGET ESTIMATE OF EXPENDITURES for the fiscal year beginning January 1, 1968 and ending December 31, 1968, and the hearing upon said Budget Es- timate was fixed for the 7th day of August 1967, at 7:30 o'clock P.M. (Daylight Saving Time) in the Council Chamber at the City Hall; and WHEREAS, this being the time and place for said hearing, said BUDGET ESTIMATE was taken up for final consideration by the Council and all parties in interest have been given an opportunity to be heard for or against said Bud- get Estimate. NOW THEREFORE BE IT RE- SOLVED by the City Council for the City of Dubuque, Iowa: That the BUDGET ESTIMATE OF EXPENDITURES for the fiscal year beginning January 1, 1968 and ending December 31. 1968 hereto- fore prepared and published be and the same is hereby finally ap- proved and adopted and the Mayor and Clerk are directed to certify the same to the County Auditor of Dubuque County, Iowa, together with a verified proof of publication and the notice of hearing upon said Budget Estimate. BE IT RESOLVED that the taxes required to be collected in the year be and the same are hereby levied in the amounts of said Bud- get Estimate. Passed, adopted and approved this 7th day of August 1967. Richard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz Walter A. Pregler Councilmen Attest: Leo F. Frommelt City Clerk Councilman McCauley moved adoption of the resolution. Second- ed by Councilman Schultz. Carried by the following vote: Yeas — Mayor Ludwig, Coun- cilmen McCauley, Pregler, Schultz. Nays—Councilman Pfohl. llcgular Session, August 7, WWW RESOLUTION NO. 223-67 A Resolution establishing the tax levies for the year 1967, the taxes to be collected in the year 1968, and used for municipal pur. pose of the City of Dubuque. BE IT RESOLVED by the City Council of the City of Dubuque, Iowa: That there be and there is here- by levied the taxes for the Munici- pal purposes for the ensuing year of 1968 the following number of mills on the dollar of all taxable property within the corporate lim- its of said City. 3.1580 mills for General Fund 1.0859 mills for Street Fund 13.0725 mills for Public Safety Fund 4.9064 mills for Sanitation Fund 2.1825 mills for Municipal Enter- prise Fund 3.4963 mills for Recreation Fund 1.9718 mills for Utilities Fund .6985 mills for Fire Pension Fund 1.2872 mills for Fire Retirement Fund .4936 mills for Police Pension Fund .9908 mills for Police Retire. ment Fund .6321 mills for Federal Social Security .4849 mills for Iowa Public Re- tirement 3.7540 mills for Debt Service Fund 38.2145 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 occupied 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 certify the sums of money that the said tax levies will produce as shown by the Budget Estimate of Expen- ditures as adopted by this Council on the 7th day of August 1967, to the Auditor of Dubuque County on or before August 15, 1967. Passed, adopted and approved this 7th day of August 1967. Richard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler Attest: Councilmen Leo F. Frommelt City Clerk Councilman Pregler moved adop. tion of the resolution. Seconded by Mayor Ludwig. Carried by the fol. lowing vote: Yeas — Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. Nays—None. Communication of A. J. Rooney, Brotherhood of Railroad Trainmen, expressing thanks for clearing cot- tonwood trees along Milwaukee right of way on Industrial Park Property, presented and read. Ma- yor Ludwig moved that the com- munication be received and filed. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. Nays—None. Communication of Thomas W. Loosbrock, submitting his resigna- tion as a member of the Planning & Zoning Commission, effective August 1, 1967, presented and read. Mayor Ludwig moved that the res- ignation be accepted with regret and that a letter of appreciation be sent to Mr. Loosbrock together with best wishes and good luck in his new field of endeavor. Second- ed by Councilman Schultz. Carried by the following vote: Yeas — Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. Nays—None. July 26, 1967 To the Honorable Mayor and City Council Gentlemen: I am returning to you the peti- tion of Mr. and Mrs. John Mc- Laughlin for the construction of a fence on City right-of-way on De- catur Street. The location was viewed by staff members and myself on July 20th 365 Regular Session, August 7. 1967 and 21st. I talked to Mr. McLaugh- lin on July 24th. I explained the difficulties of the situation and it was agreed that he would construct a fence along his present property line. I recommend that the petition be denied. Respectfully, Gilbert D. Chavenelle City Manager Councilman Pregler moved that the recommendation of the City Manager be approved. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. Nays—None. July 24, 1967 To the Honorable Mayor and City Council Gentlemen: I herewith submit the reports of the City Treasurer, City Water De- partment. and City Auditor, as well as a list of claims and payrolls for which warrants were issued for the month of June 1967. Respectfully, Gilbert D. Chavenelle City Manager Councilman McCauley moved that the reports be received and filed. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. Nays—None. Proof of Publication, certified to by the Publisher, of Statement of Receipts and a list of claims for which warrants were issued during the month of June, presented and read. Mayor Ludwig moved that the proof of publication be re- ceived and filed. Seconded by Councilman Pfohl. Carried by the following vote: Yeas — Mayor Ludwig, Coun. cilmen McCauley, Pfohl, Pregler, Schultz. Nays—None. July 28, 1967 To the Honorable Mayor and City Council Gentlemen: I am returning the petition for surfacing the alley between 20th and 21st Streets and White and Jackson. The City Engineer has conferred with the petitioners and it has been agreed to place the alley pav- ing on the 1968 Street Paving Pro. gram. Respectfully reported, Gilbert D. Chavenelle City Manager Councilman McCauley moved that the communication be re- ceived and filed. Seconded by Ma- yor Ludwig. Carried by the follow- ing vote: Yeas — Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. Nays—None. July 31, 1967 To the Honorable Mayor and City Council Gentlemen: I am returning to you the peti- tion of George Saffran for street lights in Marycrest Subdivision. The area has been inspected by the Electrical Inspector. It is recommended that 175 watt mercury vapor lights be installed at the following locations: 1. Northwest corner of the inter- section of Balboa Drive and Cortez Drive. 2. Cortez Drive between Lots 37 and 36, Block 2 of Maryerest Sub., on easement between 1280 and 1270. 3. Northwest corner of the inter. section of North Grandview and Cortez Drive. 4. On Balboa Drive on present pole located on the west side of the intersection of Balboa Drive and Madera Streets. Respectfully requested, Gilbert D. Chavenelle City Manager Councilman Schultz moved that the recommendation of the Manag- er be approved. Seconded by Coun- cilman Pfohl. Carried by the fol- lowing vote: Yeas — Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. Nays—None. July 31, 1967 To the Honorable Mayor and City Council Gentlemen: I request that the position, As- sistant Police Chief, be established in the Police Department. I am en- closing for your review a job clas- -00 Regular Session, August 7, 1987 389 sification and description of the position. This position will be under Civil Service and it will be filled by a series of Civil Service Examina- tions, which will be held as soon as practicable. Respectfully requested, Gilbert D. Chavennele City Manager Councilman Pfohl moved that the communication be referred to the Council for further considera- tion. Seconded by Councilman Schultz. Vote on the motion was as follows: Yeas — Councilmen Pfohl, Schultz. Nays — Mayor Ludwig, Council- men McCauley, Pregler. MOTION FAILED. Upon further motion Mayor Lud. wig moved approval of the com- munication. Seconded by Council- man Pregler. Carried by the fol- lowing vote: Yeas — Mayor Ludwig, Council- men McCauley, Pregler. Nays — Councilmen Pfohl, Schultz. Communication of Dubuque Po. licemen's Protective Assn. submit- ting two communications charging discrimination by detectives in the Police department by not being eligible to take the test for Assist- ant Chief of Police requesting that the matter be referred to the Civ. il Service Commission, presented and read. Councilman Pfohl moved that the petition be granted. Sec. onded by Councilman McCauley. Carried by the following vote: Yeas — Mayor Ludwig, Coun• cilmen McCauley, Pfohl, Pregler, Schultz. Nays—None. August 3, 1967 To the Honorable Mayor and City Council Gentlemen: Traffic signals planned for the intersection on Wacker Drive and Highway 20 will be located just outside the present City Limits. It is necessary for a public body to be responsible for the maintenance of these signals and the Iowa State Highway Commission has request- ed that the City assume this re- sponsibility. I request your author- ity to write the State Highway Commission indicating that the City of Dubuque will be responsi, ble for the maintenance of the signals. You will recall that the signals will be installed at the expense of Kennedy Mall, Inc. For our information I am en. closing ya copy of a letter from the Iowa State Highway Commission to Cullen, Schiltz & Associates, and a copy of City Engineer White's letter dated June 12, 1967. Respectfully requested, Gilbert D. Chavenelle City Manager Mayor Ludwig moved that the recommendation and request of the City Manager be approved. Sec- onded by Councilman Pregler. Car. ried by the following vote: Yeas — Mayor Ludwig, Coun. cilmen McCauley, Pfohl, Pregler, Schultz. Nays—None. August 3, 1967 To the Honorable Mayor and City Council Gentlemen: A request has been received for a street light in the area of 306 Angella. This location is the lower turn of a narrow street at steep grade. It is recommended that a 4000 lumen incandescent light be in- stalled. Respectfully, Gilbert D. Chavenelle City Manager Councilman Schultz moved that the recommendation of the Manag- er be approved. Seconded by Coun- cilman Pregler. Carried by the fol- lowing vote: Yeas — Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. Nays—None. August 3, 1987 To the Honorable Mayor and City Council Gentlemen: 1 submit to you the report of the audit of the accounts of the Park. ing facilities for 1966 by Account- ants, O'Connor, Brooks, Ahrendt, and Brooks. I note the general comments in the report. First, that a 'Surplus Fund" has not been established. This fund will be immediately es- tablished although it will serve no 370 liegular Session. August 7. 1967 practical purpose since the Parking Meter Fund is presently serving in this capacity. Second, that only $70,922.89 was transferred to the Sinking Fund rather than the prop- er $71.500.00. In December of 1965, an additional amount of $577.11 was incorrectly credited to the Sinking Fund. This additional amount plus the transfer of $70,- 922.89 in 1966 equals the required $71,500.00. Respectfully submitted, Gilbert D. Chavenelle City Manager Councilman Pregler moved that the communication be received and filed. Seconded by Councilman McCauley. Carried by the following vote: Yeas — Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. Nays—None. August 7, 1967 To the Honorable Mayor and City Council Gentlemen: This is to advise that I have ap- proved the following bonds and de- sire to have your approval on same. PUBLIC OFFICIAL BOND William A. Conzett, Western Sure- ty Company SIDEWALK Merlin Goerdt, DBA Goerdt Exca- vating, Merchants Mutual Bond- ing Company Respectfully, Gilbert D. Chavenelle City Manager Mayor Ludwig moved that the bonds be filed subject to approval of the City Solicitor. Seconded by Councilman McCauley. Carried by the following vote: Yeas — Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. Nays—None. Proof of Publication, certified to by the Publisher, of Notice of pub- lic hearing to consider rezoning that portion of Dana Drive abut- ting Lot 14, Block II and Block III; Lots 11, 12, 13, 14 Block I; Lots 11, 12, 14 of Block 11; Block III of Westchester Subdivision; the easterly 500 feet of Lot 1 of Lot 1 of SEN SE'/4 Section 21, T. 89 N. R. 2E, from Single Family residence District Classification to Local Business District "B" clas. sification, presented and read. No written objections were filed and no oral objectors were present at the time set for the public hear. ing. Mayor Ludwig moved that, the proof of publication be received and filed. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. Nays—None. ORDINANCE NO. 33-67 An Ordinance amending and changing Ordinance No. 3-34 known as the Zoning Map and Zoning Ordinance of the City of Dubuque so as to change cer- tain property hereinafter de- scribed from "Single Family Residence District' classification to "Local Business District "B" Classification, (Butt and Link property) said Ordinance having been previ- ously presented and read at the Council meeting of July 17, 1967, presented for final adoption. ORDINANCE NO. 33.67 AN ORDINANCE AMENDING AND CHANGING ORDINANCE NO 3-34 KNOWN AS THE ZONING MAP AND ZONING ORDINANCE OF THE ClrY OF DUBUQUE SO AS TO CHANGE WCERTAIN PROPERTY HEREINAF- DESCRIBED FROM "SINGLE FAMILY RESIDENCE DISTRICT" CLASSIFICATION TO "LOCAL BUSI- NESS DISTRICT "B" CLASSIFICA- TION. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF CITY OF DUBUQUE, IOWA: Section 1. That Ordinance No. 3.34 known as the Zoning Map and Zoning Ordinance of the City of Dubuque, Iowa, be and the same is hereby amended by changing from 'Single Family Residence Distrct" Classification to "Local Business Dsii rct "B" Classification, the following described real estate, to wit: That portion of Dana Drive abutting Lot 14, Block II and Block III, Westchester Subdivision. Lots 11, 12, 13 and 14, Block I, Westchester Subdivision; Lots 11, 12, 13 and 14 of Block 11, Westchester Subdivision; Block ill, Westchester WlotlvWon; the easlerW 500 fest of 1 of 1 of the SE"a of the SEI:, Section 21, T89N, R2E. Passed, adopted and approved this 7th day of August, 1967. RICHARD LUDWIG May1'�or M SYLVESTER MCCAULEY MERLIN F. SCHULTZ ELDON A. PFOHL WALTER A. PREGLER ATTEST: Councilmen Leo F. Frommelt City Clerk Published officially in The Telegraph - Herald Newspaper this 111h day of Au- gust, 1967. Lea F. Frommelt 11 8 11 City Clerk Councilman Pregler moved final adoption of the Ordinance. See- Regular Session, August 7, 1987 3/1 onded by Councilman Schultz. Car- ried by the following vote: Yeas — Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. Nays—None. Proof of Publication, certified to by the Publisher, of notice of public hearing to consider rezon- ing Lots 1 through 7 Block X and Lots 1, 28 and 29 Block XI; Lot 1 and Lots 26 through 35 Block XII; all in Westchester Subdivision from Single Family Residence Dis- trict Classification to "Two Family Residence District" Classification, presented and read. No written objections were filed and no oral objectors were present in the Council Chamber at the time set for the public hearing. Councilman Schultz moved that the proof of publication be received and filed. Seconded by Councilman Pfohl. Carried by the following vote: Yeas — Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. Nays—None. ORDINANCE NO. 34-67 An Ordinance amending and Changing Ordinance No. 3-34 known as the Zoning Map and Zoning Ordinance of the City of Dubuque so as to change certain property hereinafter described from "Single Family Residence District' Classification to "Two Family Residence District" Clas- sification, (Butt property) said Ordinance having been previ- ously presented and read at the Council meeting of July 17, 1967, Presented for final adoption. ORDINANCE NO. 74.47 AN ORDINANCE AMENDING AND NNIASHE PKOWTHE NO. AND ZONIpNG ORDINANCE OFTHE CITY E K AINLOPROPERTV THEE NAF- TER Iyy��ILDESCRRRI DESCRIBED R Mp"SINGLE CLA ASSIFICAT�SN N TO TWOTT FAM- ILY RESIDENCE DISTRICT" CLASSI- ppFICATION. EE EEpp NBY THE CITY COLINCILTOFF CITY OF DUE UQUE, IOWA: known!0111 a- 1theT1Zoning Mev and No. Zon ng Ordinance of the City of Dubuque, lowe, be and the same Is hereby amended by Chanppinv from "Slnpie Family Resldence Dlstrlct,, Classificehon to "Two Family Residence District" C.lasslflcallon, the followin? described real estele, to wit: Lots 1 through 7, Block X and l.of% 1, 28 and 29, Block X1, Weslctiester Subdivision; and Lot 1 and Lots 76 through 35, Block XII, Westchester Subdivision. _dA d✓riaOI sQp%land approved this 7th RICHARD LUDWIG �qr MI``ERRIp�Ij�Nv FST HHIMLTZAUIEY WAI TERA APRRGLEndtmen ATTEST: Cou Leo F. Frommelt City Clerk Published officlallyy In The Teleyraph- Herald Newspaper this 11th day o1 Au. gust, 1%7. Leo F. Fronlmlt 11. 5.11 City Clerk Councilman Schultz moved final adoption of the Ordinance. Second- ed by Mayor Ludwig. Carried by the following vote: Yeas — Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. Nays—None. Proof of Publication, certified to by the Publisher, of notice of pub- lic hearing to consider rezoning of Lot 1 thru 10 Block I; Lot 1 thru Lot 10 Block II; Block IV; Block V; Block VI; all in Westchester Subdivision and the west 130 feet of Lot 2 of Lot 2 SEha SEI/4 Sec. 21 T. 89 N. R 2E; Lot 1 of 1 of 1 of SE1/4 SE', Sec, 21, T. 89 N R. 2 E except the easterly 500 feet, from Single Family Residence Dis- trict Classification to Multiple Resi- dence District Classification, pre- sented and read. No written objections were filed and no oral objectors were present in the Council Chamber at the time set for the public hearing. Coun- cilman 11fohl moved that the proof of publication be received and filed. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. Nays—None. ORDINANCE NO. 35.67 An Ordinance amending and changing Ordinance No. 3.34 known as the Zoning Map and Zoning Ordinance of the City of Dubuque so as to change cer- tain property hereinafter de- scribed from "Single Family Residenct District' classification to "Multiple Residence District' classification, (Butt -Link proper- ty), said Ordinance !laving been previ- ously presented and read at the Council meeting of July 17, 1967, presented for final adoption. 372 Regular Session. Anaust 7, 1967 ORDINANCE NO. 3561 AN ORDINANCE AMENDING AND CHANGING ORDINANCE NO, 3.34 KNOWN AS THE ZONING MAP AND ZONING ORDINANCE OF THE CITY OF DUBUQUE SO AS TO CHANGE CERTAIN PROPERTY HEREINAF. TER DESCRIBED FROM "SINGLE FAMILYRESIDENCE DISTRICT" CLASSIFICATION TO "MULTIPLE RESIDENCE DISTRICT" CLASSIFI- CATION, NOW THEREFORE BE IT ORDAINED BY DUBUQTHE I jYOyCCOUNCIL OF CITY OF Section 1. That Ordinance No. 3-34 known as the Zoning Map and Zoning Ordinance of the City of Dubuque, Iowa, be and the same is hereby amended by changing f•om "Single Family Resi- gence District" Cla sififatlg4 t ' Mul- tipie Residence Dis rict , Class?flcallon, the following described real estate, to wit: Lot 1 through Lot 10, Block1, Westchester Subdivision; Lot I through Lot 10 of Block II, Westchester Sub- division; Block IV, Westchester Sub- division; Block ock VI, Westchester Sub. r Sub- division; and the west 130 feet of Lot 2 of Lot 2, SES+ of the SE's, Section 21, T89N, R2E. Lai 1 of Lot 1 of Lot 1 of the SE'/, of the SE19 of Section 21, T89N, R2E except the easterly 500 feet. Passed, adopted and approved this 7th day of August, 1967. RICHARD LUDWIG Mayor M. SYLVESTER MCCAULEY MERLIN F. SCHULTZ ELDON A. PFOHL WALTER A. PREGLER Councilmen ATTEST: Leo F. Frommelt City Clerk Published officially in The Teiegrapph- Herald Newspaper this 11th day of Au- gust. 1967. Leo F. Frommelt it. B 11 City Clerk Councilman Schultz moved final adoption of the Ordinance. Sec- onded by Councilman Pregler. Car- ried by the following vote: Yeas — Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. Nays—None. Proof of Publication, certified to by the Publisher, of notice of public hearing so as to rezone the north 137 feet of the east 300 feet of the west 430 feet of Lot 2 of Lot 2 of the SEI/4 SE'/4, Section 21, Twp 89 N R2E, 5th P.M., from Local Business District "A" clas- sification to Local Business Dis. trict "B" classification, presented and read. No written objections were filed and no oral objectors were present in the Council Chamber at the time set for the public hearing, Councilman Schultz moved that the proof of publication be re- ceived and filed. Seconded by Ma- yor Ludwig. Carried by the fol. lowing vote: Yeas — Mayor Ludwig, Coun. cilmen McCauley, Pfohl, Pregler, Schultz. Nays—None. ORDINANCE NO. 36-67 An Ordinance amending and changing Ordinance No. 3.34 known as the Zoning Map and Zoning Ordinance of the City of Dubuque so as to change certain property hereinafter described from Local Business District "A" Classification to "Local Business District "B" Classification, (Link property). said Ordinance having been previ- ously presented and read at the Council meeting of July 17, 1967. presented for final adoption. ORDINANCE NO. 36.67 AN ORDINANCE At1ENDING AND CHANGING ORDINANCE NO. 3.34 KNOWN AS THE ZONING MAP AND ZONING ORDINANCE OF THE CITY OOCF DUBUQUE SO AS TO CHANGE 7g ERS TAEDESCRIRBEDR FROMHER 'LOSCAL CATION SS DOISTRILOCAL BUSINESS BY THE CITY COUNCIL OF CITY OF DUBUQUE, IOWA: Section 1. That Ordinance No. 3-34 known as the Zoning Map and Zoning Ordinance of the City of Dubuque, Iowa, be and the same Is hereby amended by changing from "Local Business District "A" Classification to "Local Business District "B" Classification, the following described real estate, to wit: The north 137 feet of the east 300 feet of the west 430 feet of Lot 2 of Lot 2 of the SETA of the SES: of Section 21, T89N, R2E, Sth P.M. In the City of Dubuque, Iowa. Passed, adopted and approved this 7th day of August 1%7. RICHAi D LUDWIG Mayor M. SYLVESTER MCCAULEY MERLIN F. SCHULTZ ELDON A. PFOHL WALTER A. PREGL.ER ATTEST: Councilmen Leo F. Frommelt City Clerk. Published officially In The Telegraph - Herald Newspaper this 11th day of Au- gust, 1967. Leo F. Frommelt it. 8-11 City Clerk Councilman Schultz moved final adoption of the Ordinance. Second- ed by Councilman Pfohl. Carrie9 by the following vote: Yeas — Mayor Ludwig, Coutl- cilmen McCauley, Pfohl, Pregler, Schultz. Nays—None. Proof of Publication, certified to by the Publisher, of notice of pub- lic hearing so as to rezone that portion of Lot 1 of 1 of 1 of 1 of NEI/4 SEI/4 and Lot 2 of 2 of the NEN SEI/4 Section 21, T. 89N R 2E presently classified Multiple Resi- dence and lying within 500 feet of the west right-of-way of John F. Kennedy Road from Multiple Resi- dence District Classification to Lo- cal Business District "B" classifi. cation, presented and read. No written objections were filed and no oral objectors were present Regular Session, August 7, 1967 373 at the time set for the public hear. ing. Councilman Schultz moved that the proof of publication be re- ceived and filed. Seconded by Ma. yor Ludwig. Carried by the follow. ing vote: Yeas — Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Sch u I tz. Nays—None. ORDINANCE NO. 37-67 An Ordinance amending and changing Ordinance No. 3.34 known as the Zoning Map and Zoning Ordinance of the City of Dubuque so as to change certain property hereinafter described from "Multiple Residence Dis- trict" classification to "Local Business District "B" classifica- tion, (Hansel property). said Ordinance having been previ- ously presented and read at the Council meeting of July 17, 1967, presented for final adoption. AMENDING AND ANCE No. 3-34 DNING MAP AND E OF THE CITY AS TO CHANGE 'Y HEREINAFTER "MULTIPLE REST. CLASSIFICATION SS DISTRICT "B" NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF CITY OF DUBUQUE, IOWA: Section1. That Ordinance No. 3.34 known as the Zoning Map and Zoning Ordinance of the City o1 Dubuque. Iowa, be And the same Is hereby amend- ed by changing from "Multiple Resi- dence District" Classification to "Local Business Dlstrlcf "B" Classification, the following described real estate, to -wit: That portion of Lot 1 of Lot 1 of Lot 1 of Lot 1 of the NE1,i of the SE'. of Section 21, T89N, R2E and Lot 2 of Lot 2 of the NE-,, of the SE 1 i of Sec. tion 21, T89N, R2E presently classi- fied Multiple Residence and lying within 500 feet of the west right -of. way of John F. Kennedy Road. Passed, adapted and approved this 71h day of August, 1%7. Richard Ludwig Malo M SYlvrster McCauley Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler Attest. Councilmen Leo F. Frommelf Cliv Clerk 5 wspaed fperllfnrTelegraph- Herald hisllthday/A. gust, 1967. Leo F. Frommelf I1. 6-I1 City Clerk, Mayor Ludwig moved final adop. tion of the Ordinance. Seconded by Councilman Schultz. Carried by the following vote: Was — Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. Nays.—None. Proof of Publication, certified to by the Publisher, of notice of pub - _4M lie hearing so as to rezone Lots I through 6 Block 5 of Summit Add.; Lots 1 of 2 and 2 of 2 of Clemin- son's Subdivision; Lot 57 through 61 Block 7 of S. M. Langworthy's Add. from Multiple Residence Dis. trict Classification to Local Busi- ness District "A" classification, presented and read. No written objections were filed and no oral objectors were present at the time set for the public hearing. Councilman Schultz moved that the proof of publication be re- ceived and filed. Seconded by Councilman Pfohl. Carried by the following vote: Was — Mayor Ludwig, Coun. cilmen McCauley, Pfohl, Pregler, Schultz. Nays—?None. ORDINANCE NO. 38.67 An Ordinance amending and changing Ordinance No. 3.34 known as the Zoning Map and Zoning Ordinance of the City of Dubuque so as to change certain property hereinafter described from "Multiple Residence Dis• trict" classification to "Local Business District "A" classifica- tion, (Grammer property). said Ordinance having been previ- ously presented and read at the Council meeting of July 17, 1967, presented for final adoption. ORDINANCE No. 3847 AN ORDINANCE AMENDING AND CHANGING ORDINANCE No. 134 KNOWN AS THE ZONING MAP AN ZONING ORDINANCE OF THE CITY O DUBUQUE SO AS TO CHANGE CER- TAIN PROPERTY HEREINAFTER DE- SCRIBED FROM "MULTIPLE RESI- DENCE DISTRICT" CLASSIFICATION TO "LOCAL BUSINESS DISTRICT "A" CLASSIF ICATION. NOW THEREFORE BE IT ORDAIN- ED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Ordinance No. 3.34 known as the Ioning Map and Zoning Ordinance of the City of Dubuque, Iowa, be and the same is hereby amended by changingy from "Multiple Residence Dis- "Ict" Classificatlon to "Local Business District "A" Classification, the follow- mF descrlbed real estate, to -wit: Lots 1 through 6, block 5 of Summit Addition, Lots 1 of 2 and 2 of 2 qq1 Cleminson's Subdivision, and Lot 57 through 61, Block 7 of 5. M. Lang. worthy's Addition. Passed, adopted and approved this 7th day of August, 1967. Richard Ludwig Mayor M. Svlvester McCauley Merlin F. Schultz Eldon A Pfohl Walter A. Pregler Councilmen Attest: Leo F. Frommelf City Clerk Published off dally In The Telegraph. Herald Newspaper this 11th day of Au. gust, 1%7. Leo F. Frommelf City Clerk. 11. 6-11 374 Regular Session, August 7, 1967 Councilman Schultz moved final adoption of the Ordinance. Sec- onded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler. Schultz. Nays—None. Copy of a communication sent to TV -FM Cable Company by ,lean E. Peterson, being in agreement with TV rate increase and com- mending the company on their ef- fort to improve reception, plus ac- quiring the additional station cov- erage, presented and read. Mayor Ludwig moved that the communication be received and filed. Seconded by Councilman Pfohl. Carried by the following vote: Yeas — Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. !gays -1 one. ORDINANCE NO. 43-67 Ordinance repealing Section 9 of Ordinance 25-63 and enacting a new Section 9 in lieu thereof to provide that the rates to be charged by the TV -FM Cable Company, Division of H 8 B Communications Corporation, shall not exceed the rates charged by the company in the City of Dubuque as of August 1, 1967, presented and read. Councilman Pregler moved that the reading just had be considered the first reading of the Ordinance. Seconded by Councilman McCau- ley. Carried by the following vote: Yeas — Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. Nays—None. Councilman Pregler moved that the rule requiring an Ordinance to be read on three separate days be waived. Seconded by Council- man McCauley. Carried by the fol- lowing vote: Yeas — Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. Nays—None. ORDINANCE l REPEAL No. 4SEC71ON 9 OF ORDINANCE 25-63 AND ENACT. 1Nr: A NEW SECTION 9 IN LIEU THEREOF TO PROVIDE. THAT THE RATES TO BE CHARGED BY THE TV -FM CABLE COMPANY DIVISION OF H 6 B COMMUNICATIONS COR- PORATION, SHALL. NOT EXCEED THE RATES CHARGED BY THE COMPANY IN THE CITY OF DUBUQUE AS OF AUGUST 11 1967. WHEREAS, the Dubuque TV -FM Ca. ble Company, a dl vision of H 6 8 Com- munlcallons Corporation, has heretofore petitioned the CIty Council for a rate In. crease; and WHEREAS, on June 5, 1%7, the City Council authorized a 25 cent per month Increase in therate charged by Du- buque TV -FM Cable Company fo Its subscribers, and on July 14, 1967, the said Dubuque TV -FM Cable Company agreed to accept said 25 cent per month Increase In lieu of the amount of increase petitioned Por. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Ordinance No. 25-63 be and the same is hereby amended by re- vealing Section 9 thereof and enacting e new Section 9 In lieu thereof as follows: "9. Rates charged by the company for service hereunder shall be fair and rea- sonable and designed to meet all nec- essarycosts of services, Including a fair rete of return on net valuation of the Properlles devoted thereto under ef- ficient and economic management. The ccmpany agrees that it shall be sub. iect to all authority now or hereafter Possessed by the City Council or any other body having competent lurlsdlc. tion to fix reasonable and compensatory television signal distribution rates. The rate schedule shall not exceed the rates charged by the company In the City of Dubuque as of August 1, 1967, which rates shall not exceed 25 cents Increase to the pre-existing rates." Passed, adopted and approved this 7th day of August 1967, Richard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler Councilmen Attest: Leo F. Frommelf City Clerk Published officially In The Telegraph - Herald Newspaper this 11th day of Au- gust 1967. Leo F. Frommelt City Clerk. 1 1. 8-11 Councilman Pregler moved final adoption of the Ordinance. Second- ed by Councilman McCauley. Car- ried by the following vote: Yeas — Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. Nays—None. Notice of claim of Opal Morley, in an unspecified amount, for dam- age incurred as the result of a backed -up sewer on July 28, 1967 at 2804 Central Avenue, presented and read. Mayor Ludwig moved that the claim be referred to the City Solicitor for investigation and report. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None. Printed Council proceedings for the months of March, April and May of 1967, presented for ap- proval. Councilman Pregler moved that the proceedings be approved as printed. Seconded by Council- man Pfohl. Carried by the follow- ing vote: Repilar Session, August 7, 196; 375 Yeas — Mayor Ludwig, Council. men McCauley, Pfohl, Pregler, Schultz. Nays—None. Petition of Earl G. Weichel of 737 English Lane requesting pos. sible purchase of 640 to 700 square feet of city property abutting his property fronted on the southeast side of Southern Avenue, present. ed and read. Councilman Pregler moved that the petition be referred to the City Manager and staff for investigation. Seconded by Council. man Schultz. Carried by the fol- lowing vote: Yeas — Mayor Ludwig, Council. men McCauley, Pfohl, Pregler, Schultz. Nays—None. Petition of D.A.V. Fighting Back Chapter No. 6 requesting permis. sion to sell Forget -Me -Not flowers on August 25th and 26th, presented and read. Councilman Pregler mov. ed that the petition be referred to the Mayor and Manager. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None. Petition of Dubuque County Fair Assn. requesting that the Mayor proclaim the week of August 15th as "Dubuque County Fair Week" Presented and read. Mayor Ludwig moved for the proclamation. Sec. onded by Councilman Schultz. Car. ried by the following vote: Yeas — Mayor Ludwig, Council. men McCauley, Pfohl, Pregler, Schultz. Nays—None. Petition of Eugene A. Gartner of 2240 Graham Circle requesting information as to what could be done to correct improper concrete curb & gutter construction in front of his home, presented and read. Councilman Pregler moved that the petition be referred to the En. gineering Department. Seconded by Mayor Ludwig. Carried by the following vote: Yeas — Mayor Ludwig, Coun. cilmen McCauley, Pfohl, Pregler, Schultz. Nays—None. Petition of N. W. Bell Telephone Co. requesting permission to ex- tend its underground conduit sys. tem from Pennsylvania Avenue n south on McPoland & Brown Street to University Avenue, presented and read. Councilman Pregler moved that the petition be ap. proved. Seconded by Mayor Lud. wig. Carried by the following vote: Yeas — Mayor Ludwig, Coun. cilmen McCauley, Pfohl, Pregler, Schultz. Nays—None. Petition of Amvet Auxiliary re. questing permission to conduct White Clover Days on August 25th & 26th, presented and read. Coun. cilman Pregler moved that the pe. tition be referred to the Mayor and Manager. Seconded by Council. man Schultz. Carried by the fol. lowing vote: Yeas — Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. Nays—None. Petition of Veterans of Foreign Wars requesting permission to con- duct poppy sales on September 22nd and 23rd, presented and read. Councilman Pregler moved that the petition be referred to the Ma- yor and Manager. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. Nays—None. Petition of Dubuque Area Cham- ber of Commerce requesting the Mayor to proclaim the week of August 27th thru September 2, 1967 as Continuing Education Week, presented and read. Mayor Ludwig moved for the proclama- tion. Seconded by Councilman Mc- Cauley. Carried by the following vote: Yens — Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. Nays—None. Petition of Richard C. Henschel requesting permission to excavate in Valentine Drive to provide a sewer connection, presented and read. Councilman Schultz moved approval of the petition subject to approval of the Engineering Department. Seconded by Council- man Pregler. Carried by the fol- lowing vote: Yeas — Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. Nays—None. 376 Regidar Session, August 7, 1967 Petition of Dubuque Area Eco- nomic Opportunity Agency Inc. re- questing an additional amount of financial support for the on-going year 1967.68, in the amount of $1000, presented and read. Mayor Ludwig moved approval of the pe- tition. Seconded by Councilman McCauley. Carried by the follow- ing vote: Yeas — Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. Nays—None. Mr. James W. Platt, Director of the Dubuque Area Economic Op- portunity Agency stated that they will have $4000 left over at the end of the year and are therefore only requesting an additional amount of $1000 for the 1967-1968 operation in view of the City's tre- mendous cost demands for flood construction, urban renewal and other community needs. Petition of Conrad Plumbing & Heating Co. requesting permission to excavate at 900 Dodge Street, presented and read. Councilman Pregler moved that the petition be granted subject to approval of the Engineering Department. Second- ed by Councilman McCauley. Car- ried by the following vote: Yeas — Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None, July 20, 1967 To the Honorable Mayor and City Council Gentlemen: I am forwarding to you a Resolu- tion honoring the late Admiral Chester I. Steele. A resolution seems to be the most appropriate way to honor the Admiral. I recommend its passage. R.espectf ully, Gilbert D. Chavenelle City Manager Councilman Pregler moved that the communication be received and filed. Seconded by Councilman Pfohl. Carried by the following vote: Yeas — Mayor Ludwig, Coun. cilmen McCauley, Pfohl, Pregler, Schultz. Nay -s --None. CITY OF DUBUQUE, IOWA RESOLUTION NO. 224-67 WHEREAS, Admidal Chester I. Steele, District Commander, U. S. Coast Guard, passed away Monday, July 17, 1967 after thirty years in the nation's service; and WHEREAS, Admidal Chester I. Steele strongly supported Coast Guard activities in Dubuque, espe- cially during the recent flood peri- od; and WHEREAS, Admidal Chester I. Steele maintained a very warm friendship with Dubuque officials and citizens. NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa: That we do hereby express sorrow at the passing of Chester L Steele, and acknowledging the great con- tribution of his public service, ex- tend to his widow our most sin- cere condolences. BE IT FURTHER RESOLVED That a copy of this Resolution be forwarded to Commander Gerard Perron, Officer in Charge, Marine Inspection, Dubuque, Iowa, and that he be requested to forward it to Admiral Steele's widow with an expression of deep sympathy and highest respect which Du- buque was held for the Admiral. Passed, adopted and approved this 7th day of August, 1967. Richard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler Councilmen Attest: Leo F. Frommelt City Clerk Mayor Ludwig moved adoption of the resolution. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. Nays—None. RESOLUTION NO. 225.67 Ratifying the execution of a con- tract with S. M. Dix & Associ. ates, Inc. for services in the Downtown Urban Renewal Proj- ect, Iowa R-15. WHEREAS, under date of July 26, 1967, the City of Dubuque and the United States of America en- tered into a Loan and Capital Grant Contract for the undertak- ing of the Downtown Urban Re- newal Project, Iowa R-15; and .,a Regular Session, August 7, l9r, 377 WHEREAS, to facilitate the exe- cution phase of the project, it is necessary to obtain a classification of fixtures and equipment by an experienced and professional fix- ture and equipment consultant for each of the properties to be ac- quired by the City of Dubuque; and WHEREAS, on July 27, 1967 the Council of the City of Dubuque informally approved the execution by the City Manager of a Contract for such services with S. M. Dix do Associates, Inc. now therefore BE IT RESOLVED by the Coun- cil of the City of Dubuque: Section 1. That the informal ac- tion of the Council of the City of Dubuque on July 27, 1967 author- izing the City Manager to enter into a contract with S. M. Dix dr Associates, Inc. for the purpose of classifying fixtures and equipment in each of the properties to be ac- quired by the City of Dubuque in the Downtown Urban Renewal Project, Iowa R-15, at a cost not to exceed $2,900.00, is hereby in all respects approved and ratified. Passed, adopted and approved this 7th day of August, 1967. Richard Ludwig Mayor M. Sylvester McCauley Walter A. Pregler Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman McCauley. Carried by the following vote: Yeas — Mayor Ludwig, Coun- cilmen McCauley, Pregler. Nays — Councilmen Pfohl, Schultz. RESOLUTION NO. 226-67 Providing for the Issuance of Building Permits for the Down- town Urban Renewal Project Area. WHEREAS, under date of May 18, 1967 the Council of the City of Dubuque adopted Resolution No. 123-67 approving the Urban Renewal Plan for the Downtown Urban Renewal Project, Iowa R-15 and WHEREAS, under date of July 26, 1967 the City of Dubuque en- tered into a Loan and Capital Grant Contract with the United at States of America for the under. taking of the Downtown Urban Re. newal Project, Iowa R-15; and WHEREAS, it is necessary that all permits issued for the repair, alteration, improvement, enlarge- ment or removal of any existing structure or for the construction or reconstruction of any new struc. ture in this urban renewal project area are in conformance with the Urban Renewal Plan; and WHEREAS, Section 403.6 pro. vides that exceptions from building regulations may be made by mu. nicipalities to effectuate the under. taking of urban renewal projects; now therefore: BE IT RESOLVED by the Coun. cil of the City of Dubuque - Section L That no permit shall be issued for the repair, alteration, improvement, enlargement or re- moval of any existing structure or for the construction or the recon. struction of any new structure in the Downtown Urban Renewal Project. Iowa 11.15, without the ap- proval in writing of the Director of Urban Renewal, based upon a determination that the proposed work is not inconsistent with the Urban Renewal Plan, dated May 1967, or as such plan may from time to time be amended; provided however, that such a permit may be issued for the repair of an ex- isting structure when such repair is necessary for the immediate preservation of the public health and safety. Passed, adopted, and approved this 7th day of August, 1967. Richard Ludwig Mayor M. Sylvester McCauley Walter A. Pregler Councilmen Attest: Leo F. Frommelt City Clerk Mayor Ludwig moved adoption of the resolution. Seconded by Councilman McCauley. Carried by the following vote: Yeas — Mayor Ludwig, Coun- cilmen McCauley, Pregler. Nays — Councilmen Pfohl, Schultz. RESOLUTION N0. 227.67 Resolution Accepting Delivery of Grant of Eeasement for Flood Protection Works. 378 Regular Session, August 7, 1967 Whereas. Dubuque Tank Termi- nal has executed and delivered to City of Dubuque, Iowa, a grant of perpetual easement in, on, over, and across the following described real estate, to wit: Two tracts of land, being por- tions of the following: Lot 1 of Block 8, Lot 4 of Block 4 and Lot 8 of Block 4, all in River Front Subdivision No. 2 in the City of Dubuque, Iowa, according to the recorded Plat thereof, which tracts are outlined in red and fully cross -hatched on the Plat attached hereto, marked Exhibit "A" and by this reference made a part hereof. in connection with City of Dubuque Flood Control Plan. Now Therefore Be It Resolved by the City Council of the City of Dubuque, Iowa: Section 1. Delivery of grant of perpetual easement to City of Du- buque, Iowa by Dubuque Tank Ter- minal dated the 31st day of .July, 1967, be and the same is hereby accepted by the City of Dubuque, Iowa. Section 2. That the City Clerk be and he is hereby ordered to execute the certificate of Clerk af. fixed to such granting instrument and cause said grant of perpetual easement to be recorded in the of- fice of the Recorder in and for Dubuque County, Iowa, together with this Resolution. Passed, adopted and approved this 7th day of August, 1967. Richard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler 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 Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. Nays—None. RESOLUTION NO. 228.67 Resolution Accepting Delivery of Grant of Easement for Flood Pro- tection Works. WHEREAS, Dubuque Tank Term- inal has executed and delivered to City of Dubuque, Iowa, a grant of perpetual easement in, on, over, and across the following described real estate, to wit' A parcel of land included with- in the following area: A tract of land consisting of fifty five thou- sand one hundred fifteen and three hundred and twelve thousandths (55,115.312) square feet (1.265 acres) more or less encompassed within a line described as follows: Commencing with the Northwest corner of the Lessors Dock House which is the point of beginning thence along the North face of Lessors Dock House to the North- east corner thereof, a distance of 79.5 feet; thence along the East face of lessors Dock House a dis. tance of 77.5 feet; thence North 87°42.%' East a distance of 84 feet; thence North 1°49-%' East a dis- tance of 81.03 feet; thence North 33°26.16' West a distance of 142 feet: thence North 25'10-'6' West a distance of 88.2 feet; thence North 21'40-16' West 71.9 feet thence North 31"58' West 151 feet to the Northerly boundry of the Tract herein described; then South 72°56-V!' West a distance of 20.17 feet; thence South 2°12-%' East a distance of 400.1 feet thence North 87`27-16' East, more or less, a distance of 56.25 feet to the Northwest Corner of Lessors Dock House which is the place of beginning, subject to an easement of right-of-way reserv- ed to Lessor or its Permittees over Easement A all as the same ap- pears on the attached Plat marked Exhibit "A" and by this reference made a part hereof, which tract shall be hereinafter referred to as Tract 1, which parcel of land is outlined in red and fully cross- hatched on the Plat attached here. to, marked Exhibit "A" and by this reference made a part hereof in connection with City of Dubuque Flood Control Plan. NOW THEREFORE BE IT RE. SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Delivery of grant of perpetual easement to City of Du. buque, Iowa by Dubuque Tank Terminal dated the 31st day of July, 1967, be and the same is .t Regular Session, August 7, 1967 379 hereby accepted by the City of Dubuque, Iowa. Section 2. That the City Clerk be and he is hereby ordered to exe- cute the certificate of Clerk affixed to such granting instrument and cause said grant of perpetual ease- ment to be recorded in the office of the Recorder in and for Dubu. que County, Iowa, together with this Resolution. Passed, adopted and approved this 7th day of August, 1967. Richard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler 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 Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None. RESOLUTION NO. 229-67 Resolution Accepting Delivery of Grant of Irrevocable Permit for Flood Protection Works. WHEREAS, Dubuque Tank Term- inal has executed and delivered to City of Dubuque, Iowa, a grant Of irrecovable permit in, on, over. and across the following described real estate, to wit: A parcel of land lying in Lots, 4 and 8 in Block 4 in River Front Subdivision No. 2 in the City of Dubuque, Iowa according to the recorded Plat thereof, which parcel is outlined in blue and identified as "Railroad Closure Structure" on the Plat attached hereto, marked Exhibit "A" and by this reference made a part hereof in connection with City of Dubuque Flood Con- trol Plan. NOW THEREFORE BE IT RE. SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Delivery of grant of irrevocable permit to City of Du- buque, Iowa by Dubuque Tank Terminal dated the 31st day of July, 1967, be and the same is hereby accepted by the City of Dubuque, Iowa. 04 Section 2. That the City Clerk be and he is hereby ordered to execute the certificate of Clerk affixd to such granting instrument and cause said grant of irrevocable permit to be recorded in the office of the Recorder in and for Du- buque County, Iowa, together with this Resolution. Passed, adopted and approved this 7th day of August, 1967. Richard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler 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 Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None. RESOLUTION NO. 230,67 Resolution Accepting Delivery of Grant of Temporary Easement for Flood Protection Work. WHEREAS, Dubuque Tank Term- inal has executed and delivered to City of Dubuque, Iowa, a grant of temporary easement in, on, over, and across the following described real estate, to wit: A tract of land, being a portion of the following: Lot 1 of Block 8, Lot 4 of Block 4 and Lot 8 of Block 4, all in River Front Sub- division No. 2 in the City of Du- buque, Iowa, according to the re- corded Plat thereof, which tract is outlined in red and fully cross- hatched on the Plat attached here- to, marked Exhibit "A" and by this reference made a part hereof. The rights of Grantee under this temporary Flood Control Easement Deed shall terminate on December 31, 1971 in connection with City of Dubuque Flood Control Plan. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Delivery of grant of temporary easement to City of Du- buque, Iowa by Dubuque Tank Terminal dated the 31st day of July, 1967, be and the same is ".W) Regular Session. August 7, 1967 hereby accepted by the City of Dubuque, Iowa. Section 2. That the City Clerk be and he is hereby ordered to exe- cute the certificate of Clerk affixed to such granting instrument and cause said grant of temporary ease- ment to be recorded in the office of the Recorder in and for Du. buque County, Iowa, together with this Resolution. Passed, adopted and approved this 7th day of August, 1967. Richard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler 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 Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None. RESOLUTION NO. 231-67 Resolution Accepting Delivery of Grant of Temporary Easement for Flood Protection Works. WHEREAS, Dubuque Tank Term- inal has executed and delivered to Ciiy of Dubuque, Iowa, a grant of temporary easement in, on, over, and across the following described real estate, to wit: A parcel of land included within the following area: A tract of land consisting of fifty five thousand one hundred fifteen and three hun- dred and twelve thousandths (55,- 115.312) square feet (1.265 acres) more or less encompassed within a line described as follows: Com- mencing with the Northwest corn. er of the Lessors Dock House which is the point of beginning thence along the North face of Lessors Dock House to the Northeast cor. ner thereof a distance of 79.5 feet, thence along the East face of Less- ors Dock House a distance of 77.5 feet; thence North 87('42r%' East a distance of 84 feet; thence North 1"49-1h' East a distance of 81.03 feet; thence North 33"26-1/2' West a distance of 142 feet; thence North 25"1041!, West a distance of 88.2 feet; thence North 211,40-%, West 71.9 feet; thence North 31^58' West 151 feet to the Northerly boundary of the Tract herein described: then South 72^56-%' West a distance of 20.17 feet; thence South 2'12-%' East a distance of 400.1 feet; thence North 87 27-%' East, more or less, a distance of 56.25 feet to the Northwest Corner of Lessors Dock House which is the place of beginning, subject to an easement of right-of-way reserved to Lessor or its Permittees over Easement A all as the same appears on the at- tached Plat marked Exhibit "A" and by this reference made a part hereof, which tract shall be herein- after referred to as Tract I; which parcel of land is outlined in red and fully cross -hatched on the Plat attached hereto, marked Exhibit "A" and by this reference made a part hereof in connection with City of Dubuque Flood Control Plan, NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Delivery of grant of temporary easement to City of Du- buque, Iowa by Dubuque Tank Terminal dated the 31st day of July, 1967, be and the same is hereby accepted by the City of Dubuque, Iowa. Section 2. That the City Clerk be and he is hereby ordered to exe- cute the certificate of Clerk af- fixed to such granting instrument and cause said grant of temporary easement to be recorded in the of- fice of the Recorder in and for Dubuque County, Iowa, together with this Resolution. Passed, adopted and approved this 7th day of August, 1967. Richard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler 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 Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None. Regular Session, August 7, 1967 381 RESOLUTION NO. 232.67 Resolution Accepting Delivery of Grant of Irrevocable Permit for Flood Protection Works. WHEREAS, Dubuque Tank Term. inal has executed and delivered to City of Dubuque, Iowa, a grant of irrevocable permit in, on, over, and across the following described real estate, to wit: A parcel of land lying in Lot 1 of Block 8 in River Front Subdivi- sion No. 2 in the City of Dubuque, Iowa, according to the recorded Plat thereof, which parcel is shad- ed in green and identified as "Mod- ify Elevator" on the Plat attached hereto, marked Exhibit "A" and by this reference made a part here- of in connection with City of Du- buque Flood Control Plan. NOW THEREFORE. BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Delivery of grant of irrevocable permit to City of Du- buque, Iowa by Dubuque Tank Terminal dated the 31st day of July, 1967, be and the same is hereby accepted by the City of Dubuque, Iowa. Section 2. That the City Clerk be and he is hereby ordered to exe- cute the certificate of Clerk affix- ed to such granting instrument and cause said grant of irrevocable permit to be recorded in the of- fice of the Recorder in and for Dubuque County, Iowa, together with this Resolution. Passed, adopted and approved this 7th day of August, 1967. Richard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler 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 Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays --.None. RESOLUTION NO. 233.67 Resolution Accepting Delivery of Grant of Easement for Flood Protection Works. WHEREAS, Dubuque Lumber Co, has executed and delivered to City of Dubuque, Iowa, a grant of perpetual easement in, on, over, and across the following described real estate, to wit: Certain parcels of land in Me- Craney's Eagle Point Addition to the City of Dubuque, Iowa, as out- lined in red and cross -hatched on the Plat attached hereto, marked Exhibit "A" and by reference made a part hereof in connection with City of Dubuque Flood Control Plan. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Delivery of grant of perpetual easement to City of Du- buque, Iowa by Dubuque Lumber Co. dated the 14th day of July, 1967, be and the same is hereby accepted by the City of Dubuque, Iowa. Section 2. That the City Clerk be and he is hereby ordered to execute the certificate of Clerk affixed to such granting instrument and cause said grant of perpetual easement to be recorded in the office of the Recorder in and for Dubuque, County, Iowa, together with this Resolution. Passed, adopted and approved this 7th day of August, 1967. Richard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler 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 — Manor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None. RESOLUTION NO. 234.67 Resolution Accepting Delivery of Grant of Irrevocable Permit for Flood Protection Works, WHEREAS, Flynn Ready -Mix Concrete has executed and deliv- 382 Regular Session, August 7, 1967 ered to City of Dubuque, Iowa, a grant of irrevocable permit in, on, over, and across the following de- scribed real estate, to wit: A parcel of land lying in Lot 9 of Block 4 of River Front Subdi. vision No. 2 in the City of Dubuque, Iowa, according to the recorded Plat thereof, which parcel is out- lined in blue and identified as "It. R. Closure Structure" on the Plat attached hereto, marked Ex. hibit "A" and by this reference made a part hereof in connection with City of Dubuque Flood Con- trol Plan. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Delivery of grant of irrevocable permit to City of Du- buque, Iowa by Flynn Ready -Mix Concrete dated the 24th day of July, 1967, be and the same is hereby accepted by the City of Dubuque, Iowa. Section 2. That the City Clerk be and he is hereby ordered to exe- cute the certificate of Clerk af- fixed to such granting instrument and cause said grant of irrevocable permit to be recorded in the office of the Recorder in and for Dubu- que, County, Iowa, together with this Resolution. Passed, adopted and approved this 7th day of August, 1967. Richard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler 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 Ludwig, Council. men McCauley, Pfohl, Pregler, Schultz. Nays—None. RESOLUTION NO. 235.67 Resolution Accepting Delivery of Gant of Easement for Flood Protection Works. WHEREAS, Ralston Purina Com- pany has executed and delivered to City of Dubuque, Iowa, a grant of perpetual easement in, on, over, and across the following described real estate, to wit: A tract of land located in Lot. 11 of the Subdivision of Block 4, in River Front Subdivision No. 2, in the City of Dubuque, Iowa, ac- cording to the recorded Plat there- of, which tract is outlined in red and cross -hatched on the Plat at- tached hereto ma,rked Exhibit "A" and by this reference made a part hereof in connection with City of Dubuque Flood Control Plan. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Delivery of grant of perpetual easement to City of Du- buque, Iowa by Ralston Purina Company dated the 11th day of July, 1967, be and the same is here- by accepted by the City of Dubu- que, Iowa. Section 2. That the City Clerk be and he is hereby ordered to execute the certificate of Clerk affixed to such granting instru- ment and cause said grant of perpetual easement to be recorded in the office of the Recorder in and for Dubuque County, Iowa, to- gether with this Resolution. Passed, adopted and approved this 7th day of August, 1967. Richard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler 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 Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None, Proof of Publication, certified to by the Publisher, of notice to con- tractors of receipt of bids for con- struction of an 8" sanitary sewer in Farragut Street, Garfield Avenue and the alley between Kerper Bou- levard and Garfield Avenue, pre- sented and read. Councilman Preg- ler moved that the proof of publi- cation be received and filed. Sec. a Regular Session, August 7, 1967 383 onded by Councilman Pfohl. Car• ried by the following vote: Yeas — Mayor Ludwig, Coun. cilmen McCauley, Pfohl, Pregler, Schultz. Nays—None. August 7, 1967 To The Honorable Mayor and City Council Gentlemen: Pursuant to your instructions, sealed bids were received until 10:00 A.M., Monday, August 7, 1967 for the construction of the Little Chicago Sanitary Sewer 1967. The lowest bid entered was sub- mitted by Fondell & Sons, Inc. of Dubuque, Iowa. Their bid was 17.34`70 under the Engineer's Es- timate. I recommend that the con- tract for the improvement be awarded to Fondell & Sons, Inc. Respectfully submitted, Gilbert D. Chavenelle City Manager Mayor Ludwig moved that the recommendation be approved. Sec- onded by Councilman Schultz. Car- ried by the following vote: Yeas — Mayor Ludwig, Coun. cilmen McCauley, Pfohl, Pregler, Schultz. Nays—None. (Awarding Contract) RESOLUTION NO. 23687 WHEREAS, sealed proposals have been submitted by contractors for the Construction of a twelve inch (12") Sanitary Sewer in Far- ragut Street from the W.Y.L. of Kerper Boulevard to the intersec. tion of Farragut Street and the alley between Garfield Avenue and Kerper Boulevard; then an eight inch (8") Sanitary Sewer in the alley between Garfield Avenue and Kerper Boulevard from the inter. section with Farragut Street 386.68 feet northerly. Also, an eight inch (8") Sanitary Sewer from the sew• er in the alley between Garfield Avenue and Kerper Boulevard westerly through Lot 18o of ham's Addition to Garfield Avenue and northerly in Garfield Avenue a distance of 258.16 feet pursuant to Resolution No. 200-67 and notice to bidders published in a news. Paper published in said City on July 10, 1967 and July 17, 1967; and WHEREAS, said sealed proposals were opened and read on August 7, 1967, and it has been determined that the bid of Fondell & Sons Inc of Dubuque, low& in the amount of $5,851.88 was the lowest bid for the furnishing of all labor and materials and performing the work as provided for in the plans and specifications; now therefore, BE IT RESOLVED by the City Council of the City of Dubuque that the contract for the above mentioned improvement be award. ed to Fondell & Sons, Inc., and the Manager be and he is hereby directed to execute a contract on behalf of the City of Dubuque for the complete performance of said work. BE IT FURTHER RESOLVED, that upon the signing of said con- tract and the approval of the con- tractors bond the City treasurer is authorized and instructed to return the bid deposits of the un- successful bidders. Passed and adopted this 7th day Of August, 1967. Richard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler Attest: Councilmen Leo F. Frommelt, City Clerk Councilman Pfohl moved adop- tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Ludwig, Council. men McCauley, Pfohl, Pregler, Schultz. Nays—None, August 4, 1967 To The Honorable Mayor and City Council Gentlemen: The following is a list of prop- erties which were originally on the City of Dubuque 1966 Sidewalk Project No. 1. These properties should be removed from the as- sessment list of the City of Du- buque 1966 Sidewalk Project No. 1. These properties should be re- moved from the list because the contractor has given permission for these property owners to construct their own sidewalks or the City Las removed these properties from the list because of having to pay the assessment to acquire property for the sidewalks. 384 Regular Session, August 7, 1967 1-1-2.159, L. H. Langworthy's Add., Gerald Havens, Kane 2-165, L. H. Langworthy's Add., Donald R. Freeman, Kaufmann 307, Lenox Add., Albert V. & Irene Widmar, Van Buren 1-2-120, Finley's Add., Thomas J. & Janann Pauly, Bunker Hill Respectfully submitted, John L. White City Engineer Mayor Ludwig moved approval of the recommendation. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. Nays—None. August 2, 1967 To The Honorable Mayor and City Council Gentlemen: The City of Dubuque 1966 Side- walk Project No. 1 has been com- pleted in accordance with plans and specifications by the Tri-State Paving Company of Dubuque, Iowa. I recommend that the improve- ment be accepted. Respectfully, Gilbert D. Chavenelle City Manager Councilman Pregler moved that the recommendation of the City Manager be approved. Seconded by Mayor Ludwig. Carried by the following vote: Yeas — Mayor Ludwig, Coun. cilmen McCauley, Pfohl, Pregler, Schultz. Nays—None. FINAL ESTIMATE RESOLUTION NO. 237.67 WHEREAS, the contract for the CITY OF DUBUQUE 1966 SIDEWALK PROJECT NO. 1 has been completed and the City Engineer has submitted his final estimate showing the cost thereof including the cost of estimates, notices, inspection, and preparing the assessment and plat, now there. fore, BE IT RESOLVED, by the City Council of the City of Dubuque, That the cost of said improve- ment is hereby determined to be $11,710.69. That $10,532.19 of the cost there. of shall be assessable upon private property and $1,178.50 shall be paid from the #137 Sidewalk Fund of the City of Dubuque. passed, adopted and approved this 7th day of August 1967. Richard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler Councilmen Attest: Leo F. Frommelt, City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Mayor Ludwig. Carried by the fol- lowing vote: Yeas—Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None. (A Resolution Accepting Im- provement and Directing the Clerk to Publish Notice.) RESOLUTION NO. 238.67 WHEREAS, the contract for the City of Dubuque, 1966 Sidewalk Project No. 1 has been completed and the City Manager has exam- ined the work and filed his certifi- cate stating that the same has been completed according to the terms of the contract, plans and specifi- cations and recommends its accept- ance, now therefore, BE IT RESOLVED, by the City Council of the City of Dubuque, that the recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted and the City Engineer be and is hereby directed to prepare a plat and schedule showing the lots or parcels of real estate subject to assessment for said improvement and file the same in the office of the City Clerk subject to public inspection and said Clerk shall upon receipt of such plat and schedule publish the notice of the Council's intention to levy special assessments therefor, as required by law. BE It Further Resolved, that the City Treasurer be and he is hereby directed to pay to the contractor from the funds to be realized from the sale of sidewalk bonds issued upon the above described improve- ment in amount equal to the amount of his contract, less any re- tained percentage provided for therein. .06. Regular Session, August i, 196; 385 Passed, adopted and approved this 7th day of August, 1967. Richard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler Councilmen Attest: Leo F. Frommelt City Clerk Mayor Ludwig moved adoption of the resolution. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Mayor Ludwig, Coun cilmen McCauley, Pfohl, Pregler. Schultz. Nays—None. RESOLUTION NO. 239.67 BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the following having complied with the provisions of law relating to the sale of Cigar. ettes within the City of Dubuque, Iowa, be granted a permit to sell Cigarettes and Cigarette Papers within said City. Catherine Lester, 1322 Central Av. enue LeRoy Cain, 285 Locust Street BE IT FURTHER RESOLVED that the bonds filed with the appli- cation be approved. Passed, adopted and approved this 7th day of August, 1967, Richard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler 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 Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None. RESOLUTION NO. 24067 WHEREAS, applications for Beer Permits have been submitted to this Council for approval and the same have been examined: NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Dubuque, Iowa that the following applications be granted and licenses be issued upon the compliance with the terms of the ordinances of the City. CLASS "B" BEER PERMIT Ramona Fettgather, 1103 Iowa Street Creslanes Bowling, Inc., 255 Main Street Albert J. Ney, 1842 Central Avenue CLASS "C" BEER PERMIT Harold 0. Specht, 3003 Asbury Street Passed, adopted and approved this 7th day of August. 1967. Richard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler Councilmen Attest: Leo F. Frommelt, City Clerk Councilman Schultz moved adop- tion of the resolution. Seconded by Mayor Ludwig. Carried by the fol- lowing vote: Yeas — Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None. RESOLUTION NO. 241.67 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, l tui Iowa Street Creslanes Bowling, Inc., 255 Main Street Albert J. Ney, 1842 Central Ave- nue CLASS "C" BEER PERMIT Harold O. Specht, 3003 Asbury Street BE IT FURTHER RESOLVED that the bonds filed by such appli- cants be and the same are hereby approved. 3$6 Regular Session, August 7, 1967 Passed, adopted and approved this 7th day of August, 1967. Richard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler 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 Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None. RESOLUTION NO. 242.67 WHEREAS, applications for Liq- uor Permits have been submitted to this Council for approval and the same have been examined, NOW THEREFORE BE IT RE- SOLVED, by the City Council of the City of Dubuque, Iowa, that the following applications be grant- ed and licenses issued upon the compliance with the terms of the IOWA LIQUOR CONTROL ACT— CHAPTER 123—as amended by the 60th General Assembly, 1963. CLASS "C" COMMERCIAL ESTABLISHMENT Patricia A. Donath, 400 Iowa Street Marco Giunta, 2022 Central Avenue Melvin A. Spiegelhalter, 1029% Main Street Pete S. Sfikas & Gust Karigan, 401- 405 Central Avenue Gini Giacoletto, 1121 University Avenue Catherine M. Meyer, 530 East 22nd Street Passed, adopted and approved this 7th day of August, 1967. Richard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler Councilmen Attest: Leo F. Frommelt, City Clerk Councilman Schultz moved adop. tion of the resolution. Seconded by Councilman McCauley. Carried by the following vote: Yeas — Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None. RESOLUTION NO. 243-67 WHEREAS, applications for Liq- uor Permits were filed by the within named applicants and they have received the approval of this Council, and WHEREAS, the premises to be occupied by such applicants were inspected and found to comply with the State Law and all City ordin- ances relevant thereto and they have filed proper bonds; NOW THEREFORE BE IT RE- SOLVED by the City Council of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named applicants a Liquor Permit. CLASS "C" COMMERCIAL ESTABLISHMENT Patricia A. Donath, 400 Iowa Street Marco Giunta, 2022 Central Avenue Melvin A. Spiegelhalter, 1029�i Main Street Pete S. Sfikas & Gust Karigan, 401- 405 Central Avenue Gini Giacoletto, 1121 University Avenue Catherine M. Meyer, 530 East 22nd Street Passed, adopted and approved this 7th day of August, 1967. Richard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler Councilmen Attest: Leo F. Frommelt, City Clerk Mayor Ludwig moved adoption of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None. There being no further business Councilman McCauley moved to adjourn. Seconded by Councilman Pfohl. Carried by the following vote: Regular Session, August 7, 1967 387 Yeas — Mayor Ludwig, Council- men McCauley. 11[ohl, Yregler. Schultz. days—None. Leo F. Frommelt, City Clerk October 23 Approved ...................................1167 Adopted .QCtS?bQ ....3.....1967 ..',� C neilmen Atte............................... . City Clerk ",tiff Special Session, August 14, 1967 CITY CO for Ludwig. Carried by the fol- lowing vote: Yeas — Mayor Ludwig, Coun. cilmen McCauley, Pfohl, Pregler, OFFICIAL Schultz. Special Session, August 14, Nays—None. Recreational Director Slattery 1967. Council met at 7:30 P.M. explained the method used in al. lowing citizens the use of the fa. (D.S.T.) Present — Mayor Ludwig, cilities of the various recreation Councilmen McCauley, Pfohl, buildings. If and when the various Pregler, Schultz. City Manager clubs want the facilities they should call the Recreation office. Gilbert D. Chavenelle. Usually a facility is reserved and Mayor Ludwig read the call and held for a given date as requested. stated that service thereof had However if an event is to be can - been duly made and this meeting celled a call must be made to the is called for the purpose of acting Recreation Commission prior to upon a RESOLUTION AUTHORIZ- 4:30 P.M. of the same day. ING THE ISSUANCE OF CERTAIN August 14, 1967 PROJECT TEMPORARY LOAN To the Honorable Mayor and NOTES IN CONNECTION WITH Members of the City Council URBAN RENEWAL PROJECT Gentlemen: IOWA, R-15 AND PROVIDING FOR THE SECURITY FOR THE PAY- In accordance with the provisions MENT THEREOF, and acting upon of Chapter 365 of the 1966 Code of such other business as may prop- Iowa, the Civil Service Commission erly come before a regular meet- conducted entrance examinations ing of the City Council. on July 19, 1967, for persons seek - ing appointment to the Police De- Communication of Playground partment. and Recreation Commission extend- The following named persons ing on invitation to the Council passed both the written and physi- to attend the grand opening pro- cal examinations and are hereby gram of Veterans Memorial Park certified for appointment to the on August 26, 1967, presented and POLICE DEPARTMENT. read. Mayor Ludwig moved that Mark F. Meyer ............................78% the communication be received and Donald J. Feldman filed. Seconded by Councilman ....................70% Respectfully submitted, Pregler. Carried by the following Gerard B. Noonan vote: Chairman Yeas — Mayor Ludwig, Coun- Civil Service Commis- cilmen McCauley, Pfohl, Pregler, sion Schultz. Attest: Nays—None. Leo F. Frommelt f Communication of Mrs. Joe Ney- Clerk ens, as a member of the "Tops Subscribed and sworn to before Club" objecting to the method me this 14th day of August, 1967. used by Mr. Slattery, Recreation Eugene J. Berens Director, as to allowing their club Notary Public to use the Allison Henderson field- Councilman Pregler moved that house for their meetings presented the communication be received and read. Councilman Pfohl moved and made a matter of record. Sec - that the communication be re- ended by Councilman Schultz. Car- ferred to the Recreation Commis. ried by the following vote: sion. Seconded by Mayor Ludwig. Yeas — Mayor Ludwig, Coun- Carried by the following vote: cilmen McCauley, Pfohl, Pregler, Yeas — Mayor Ludwig, Coun. Schultz. cilmen McCauley, Pfohl, Pregler, Nays—None. Schultz. August 14, 1967 Nays—None. To the Honorable Mayor Councilman Pregler moved that and City Council the rules be suspended in order to Gentlemen: let anyone address the Council if This is to advise that I have they so desire. Seconded by Ma- approved the following policy and Special Session, August 14, 1987 .389 bond and desire to have your ap- proval on same. COMPREHENSIVE LIABILITY Walter Wilhelm, D; B/A Wilhelm Excavating Company, American States Insurance Company SIDEWALK William L. Phillips, Western Surety Company Respectf ully, Gilbert D. Chavenelle, City Manager Mayor Ludwig moved that the policy anal bond be filed subject to approval of the City Attorney. Sec• onded by Councilman Schultz. Car- ried by the following vote: Yeas — Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None. August 1, 1967 Honorable Mayor and Council Members Gentlemen: The City Planning and Zoning Commission has reviewed the mat- ter of placing a zoning classifica- tion on property annexed to the Cit} on July 3, 1967 upon request of the Illinois Central Railroad and by resolution of the City Council. The property is located on Julien Dubuque Drive, contains 17.432 acres and is occupied in part by a blood -drying plant which is under construction. It is the recommendation of the Planning and Zoning Commission that the property be classified Heavy Industrial. Respectfully submitted, City Planning anft Zoning Commission—Don Gilson. Director of Planning Councilman McCauley moved ap- proval of the recommendation and that same be referred for proper proceedings. Seconded by Council- man Schultz. Carried by the follow- ing vole: Yeas — Mayor Ludwig, Council- men McCauley, Pfohl, Pregler. Schultz. NaYs--None. August 11, 1967 Honorable Mayor and Council Members Gentlemen: The City Planning and Zoning Commission has reviewed a re- quest to have an alley vacated Which runs in a northerly direction r from Delaware Street and lies be. tween Avoca Street and Ashton Place. The alley is 20 feet in width and dead ends approximately 195 feet north of Delaware Street. The alley is unimproved and because of the grade it is not used for ve- hicular traffic. The Commission has found that the Fire Department, Police De. partment. Engineering Department, Water Department, and Street De. partment are making no use of the alley and anticipate no future use of the alley. The Telephone Company and Electric Company are using the alley for service lines to provide service to properties abutting the alley. Notices of the proposal to vacate the alley were sent to all owners of property abut- ting the alley. No objections were received. It is the recommendation of the Planning and Zoning Commission that casements be granted to the Utility Companies for their service lines and that the alley be vacated as a public right-of-way. Respectfully submitted, Planning and Zoning Commission Don Gilson, Director of Planning Councilman Pregler moved that the communication be referred to the City Manager and City Solici- tor. Seconded by Mayor Ludwig. Carried by the following vote: Yeas — Mayor Ludwig, Coun- cilmen McCauley, Pfuhl, Pregler, Schultz. Nays—None. Notice of Claim of Patricia Mul. len of 1697 Hickson Street, in an unnamed amount, for personal in- juries received in a fall as the result of a hole in the street at the corner of University & Alpine on .July 31, 1967, presented and read. Mayor Ludwig moved that the notice of claim be referred to the City Solicitor for investigation and report. Seconded by Council- man Pfohl, Carried by the follow- ing vote: Yeas — Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. Nays—None. Notice of claim of Ronald J. Da- vis of N,t. Wayne, Ind., in an un. specified amount, for personal in- juries received in a fall in the 361(1 Special Session, August 14, 1967 street at 1805 Madison Street on August 11, 1967, presented and read. Mayor Ludwig moved that the notice of claim be referred to the City Solicitor for investigation and report. Seconded by Council- man Pfohl. Carried by the follow- ing vote: Yeas — Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. Nays—None. Petition of Mrs. Jean M. Burgus of 1400 O'Hagen Street, requesting permission to construct a retaining wall at her residence prior to the installation of a sidewalk, pre- sented and read. Councilman Preg- ler moved that the petition be re- ceived and filed. Seconded by Ma- yor Ludwig. Carried by the fol- lowing vote: Yeas — Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. Nays—None. ORDINANCE NO. 4467 An Ordinance Authorizing Jean M. Burgus to Construct Stone Retaining Wall, presented and read. Councilman McCauley moved that the reading just had be con- sidered the first reading of the Ordinance. Seconded by Council- man Pregler. Carried by the fol- lowing vote: Yeas — Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. Nays—None. Councilman McCauley moved that the rule requiring the reading of an Ordinance on three separate days be waived. Seconded by Coun- cilman Pregler. Carried by the fol. lowing vote: Yeas — Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. Nays—None. ORDINANCE NO. 44.67 AN ORDINANCE AUTHORIZING Jean M. Burgus TO CONSTRUCT Stone Re. taining Wali BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DU. BUQUE, IOWA: Section 1. That Jean M. Burgus as owner of the premises known as 548'-396' Sub. -Lot 28 & 29 of Finley, Wavies IL andlshe is herebygralnteditDubevocabel maintain,nd a Stone rRetaining Wallto ctu der the terms and conditions set forth in this Ordinance: Section 2. Tht be doneIn accordance withrPlaln5 ere totore submitted by permittee and ap- proved by City Manager, under the su_ Manager, anddindaccoridance+witheallCap plcable state and federal laws and regu- lations, and the ordinances of the City of Dubuque. Section 7. That the permission herein granted is expressly conditioned On per- mittees agreement to: (a)Assume any and all liability for damages to Persons or property which may result from the existence, construction or maintenance of said Stone Retaining Wall (b) To Pay on behalf of to City of Dubuque all sums which the City of Dubuque shall become obligated to Pay by reason of the liability im- posed upon the City of Dubuque for damages of any kind resulting from the existence, construction or main- tenance of said Stone Retaining Wall sustained by any Person or persons, caused by accident or otherwise, to defend at its own expense and on behalf of said City anyclaim against the City of Dubuque arising out of the existence, construction or main- tenance of said Stone Retaining Wall. Section 4 That the permission herein granted is expressly conditioned upon Permitted further agreement that should the right and privilege herein granted be rescinded or revoked by the City Council, Permittee, or her successors In interest, as Owners of the abutting prop. erty, shall within thirty (30) days after receipt of written notice from the City Manager, so to do, at their own c-x- Pense, remove said Stone Retaining Wall, and in the event of their failure so to do, the City of Dubuque shall be au- Ihorized to remove said Stone Retaining Wall, at permittees expense and dispose of the same, and the Permittee shall have no claim against the City or Its agents for damages resulting from the removal of said Stone Retaining Wall. Section S. This Ordinance shall become effective and the rights hereunder accrue to Jean M. Burgus when this Ordinance has been adopted by the City Council and the terms and conditions thereof ac- cepted by permittee by acceptance en- dorsed on this Ordinance. Passed, adopted and approved this 14th day of August, A.D. 1967. Richard Ludwig MnyOr M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler Councilmen Attest: Leo F. Frommelt City Clerk ACCEPTANCE OF ORDINANCE NO. 44-67 The undersigned having read and be- ingfamiliar with the terms and condi- tions of Ordinance No, 44-67 hereby, for herself, her successors or assigns, as owner of the abutting property, accept the same and agree to be bound by the conditions and agreements therein con- tained to be performed by permit5ee. Dated August 15, 1967. By Jean M. Burgess Property Owner Published officially in The Telegraph Herald Newspaper this 18th day of Au- gust, 1967. Leo F. Frommelt It. B-18 City Clerk Councilman McCauley moved fin- al adoption of the Ordinance. Sec- onded by Councilman Pregler. Car- ried by the following vote: Yeas — Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. Nays --None. RESOLUTION NO, 244.67 WHEREAS, Caradco, Inc. has Petitioned the City Council of City of Dubuque, Iowa, to vacate Wash. ington Street from Tenth Street. to Eleventh Street in the City of Dubuque, Iowa; and WHEREAS, the Planning; and Zoning Commission of the City of Spacial Session, August 14, 1967 391 Dubuque, Iowa, has recommended the vacation of that portion of Washington Street lying between Tenth Street and Eleventh Street in the City of Dubuque, Iowa. and WHEREAS, the City Council of City of Dubuque, Iowa, deems that Washington Street from Tenth Street to Eleventh Street in the City of Dubuque. Iowa, is no longer needed for public purposes except for the public utilities located therein and that vacation thereof should be approved. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the vacation of Washington Street lying between Tenth Street and Eleventh Street in the City of Dubuque, Iowa be and the same is hereby approved subject to the conditions contained in Ordinance vacating said Wash- ington Street, being Ordinance No. 45.67. Section 2. That the City Clerk be and he is hereby ordered and di- rected to publish notice of intent to dispose of interest in real es- tate as is by law required. Section 3. That the City Clerk file a certified copy hereof in the office of the Dubuque County Re- corder and in the office of the Du- buque City Assessor. Passed, adopted and approved this 14th day of August, 1967. Richard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler Councilmen Attest: Leo F. Frommelt, City Clerk Councilman Pfohl moved adop- tion of the resolution. Seconded by Councilman McCauley. Carried by the following vote: Yeas — Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None. ORDINANCE NO. 45.67 An Ordinance Vacating that Por - ton of Washington Street lying between Tenth Street and Elev- enth Street in the City of Du- buque, Iowa, f 11"willy i :111d ri :ul Councilman Pfohl moved that the reading just had be considered the first reading of the Ordinance. Sec- onded by Councilman McCauley. Carried by the following vote: Yeas — Mayor Ludwig, Council. men McCauley, Pfohl, Pregler, Schultz. Nays—None, Councilman Pregler moved that the rule requiring an Ordinance to be read on three separate days be waived. Seconded by Council- man Pfohl. Carried by the follow- ing vote: Yeas — Mayor Ludwig, council- men McCauley, Pfohl, Pregler, Schultz. Nays—None. Councilman Pregler moved that a public hearing be held on the Ordinance on September 5, 1967, in the Council Chamber at the City Hall and that the City Clerk be instructed to publish notice of the hearing in the manner required by law. Seconded by Councilman McCauley. Carried by the following vote: Yeas — Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None. Petition of Jim Fransen et al re- questing rezoning of the vacant lots on the east side of the 1600 block on Garfield to Single Family Residence District Classification, presented and read. Councilman Pfohl moved that the petition be referred to the Planning & Zoning Commission. Seconded by Council- man McCauley. Carried by the fol- lowing vote: Yeas — Mayor Ludwig, Council- men McCauley. Pfohl, Pregler, Schultz. Nays—None. Petition of Dubuque Community School District requesting vacation of streets and abandonment of easements in Me ttel-Link Add. pre. sented and read. Councilman Me- Cauley moved that the petition be referred to the Planning & Zoning Commission. Seconded by Council- man I'fohl. Carried by the follow - int; vote: Yeas — Mayor Ludwig, Council- men McCauley, Pfohl, Pregler. Schultz. Nays --None. Notice of Special Meeting to the City Council of the City of Du- buque, Iowa 392 Special Session, August 14, 1967 Notice is hereby given that a special meeting of the City Council of the City of Dubuque, Iowa, will be held at Council Chambers in City Hall, Dubuque, Iowa, the regu- lar meeting place thereof, at 7:30 o'clock P.M., on Monday, August 14, 1967, for the purpose of acting upon a resolution authorizing the issuance of certain project temp- orary loan notes in connection with Urban Renewal Project, Iowa R-15 and providing for the security for the payment thereof, and for trans- acting any other business which may properly come before such meeting. Dated this 11th day of August, 1967. Leo F. Frommelt, City Clerk Certificate of Service 1, Paul Zimmerman, of the Police Department, of the City of Du- buque, hereby certify that on the 11th day of August, 1967. I serve a true copy of the foregoing Notice of Special Meeting on the follow- ing Councilmen of the City of Dubuque in the manner indicated. Name of Councilmen Manner of Service Mayor Richard Ludwig, 461 -8th Ave., Personal delivery M. Sylvester McCauley, Eldon A. Pfohl, Walter A. Pregler, lllerlin F. Schultz Witness my hand this 11th day of August, 1967. Witnessed by Leo F. Frommelt, Paul Zimmerman City Clerk Patrolman Councilman Pfohl moved that the proof of service be received and made a matter of record. Sec. onded by Mayor Ludwig. Carried by the following vote: Yeas —Mayor Ludwig, Council. men McCauley, Pfohl, Pregler, Schultz. Nays—None. RESOLUTION NO. 245.67 Authorizing the Issuance of Car - twin Project Temporary Loan Notes in Connection with Urban Renewal Project No. Iowa R-15 and Providing for the Security for the Payment Thereof, and for Other Purposes. WHEREAS the City of Dubuque, Iowa (herein sometimes called the "Local Public Agency") is duly authorized and proposes to under. take and carry out a certain urban renewal or redevelopment project of the character authorized by law with financial aid by the United States of America (herein some- times called the "Government") in the form of a Project Temporary Loan under Title I of the Housing Act of 1949, as amended (42 U.S.C. 1450 et seq.), which may be made by the Government to the Local Public Agency with respect to the Project in accordance with a Con. tract for a loan and grant by and between the Local Public Agency and the Government; and WHEREAS, in order to enable the Local Public Agency to obtain such financial aid, it is necessary for the Local Public Agency to au- thorize and, from time to time, is- sue certain obligations as herein. after provided; now therefore BE IT RESOLVED by the Coun- cil of the City of Dubuque: SECTION 1. That in order to provide funds to enable the Local Public Agency to defray expenses and costs in connection with the undertaking and carrying out of the Project, and to refund, renew, extend, or substitute for any Proj- ect Temporary Loan Notes by this Resolution authorized to be issued, there are hereby authorized to be issued, from time to time, Project Temporary Loan Notes of the Local Public Agency in an aggregate principal amount outstanding at any one time (whether authorized by this Resolution or any other resolution authorizing the issuance of Project Temporary Loan Notes in connection with the Project) of not to exceed eight million six hundred twenty-four t h o u s a n d three hundred thirteen Dollars ($8,624,313.00). SECTION 2. That each such note shall be designated "Project Tem- porary Loan Note"; shall be pay. able, as to the principal thereof together with the interest thereon, upon demand, but solely from the Project Temporary Loan Repay- ment Fund hereinafter mentioned and not otherwise; shall be payable at the principal office of the Local Public Agency in any coin or cur- rency of the United States of America which, on the date of the Payment of the principal thereof and the interest thereon, is legal tender for the payment of public and private debts; shall be payable to the United States of America SPecial Session. August 14, 1967 393 or order; shall be signed in the name of the Local Public Agency by the Mayor; shall have the of- ficial seal of the Local Public Agency impressed thereon and at- tested by the City Clerk; and shall bear interest at the rate or rates as follows: During the period from the date of the acceptance of delivery of and payment for each such Note through June 30, 1967 (herein called the "Initial Interest Period"), said Principal sum shall bear in- terest on the unrepaid amount thereof at the rate of five and one-quarter per centum (51,i%) per annum. From and after said date each such Note shall bear interest on the unrepaid principal amount thereof at a redetermined rate (to be duly noted on behalf of the United States of America on the reverse thereof), which shall be initially determined and become effective on the date immediately following the expiration of the ex- piration of the Initial Interest Peri- od and shall be successively rede- termined at 6 -month intervals thereafter on January 1 and July 1 of each year; and each such re- determined rate shall become ef- fective, with respect to payments unrepaid on the date immediately preceding the effective date of such redetermined rate, in accord- ance with the following formula: The redetermined rate shall not exceed six per centum (6%) per annum, but otherwise shall be the higher of: (a) The "going Federal rate" de- termined pursuant to the provi- sions of Title I of the Housing Act of 1949, as amended, and ef- fective on the effective date of such redetermined rate; or (b) A rate per annum equal to the average yield to maturity on all outstanding obligations of the United States having a maturity of approximately five years from the May 1 or November 1, as the case may be, next preceding the effective date of such rede- termined rate, as determined by the Secretary of Housing and Ur- ban Development upon the ad- vice of the Secretary of the Treasury, such average yield to be estimated on the basis of daily closing market bid quota- tions or prices for the month of May of November next preced. ing the effective date of such re- determined rate, and adjusted to the nearest % of 1 percent. SECTION 3. That each Project Temporary Loan Note issue, includ. ing a statement of the delivery thereof to the Government, shall be in substantially the following form: (a) When such Project Temporary Loan Note supports a requisition for a direct Federal loan to fi- nance the urban renewal or re- development project, such Note shall be in substantially the form of "Exhibit A" attached hereto and made a part hereof; Provid. ed that each such Project Tem. porary Loan Note bearing a date subsequent to the expiration of the "Initial Interest Period" shall state on its face the applicable interest rate and shall define therein the term "Initial Interest Period" by use of a date which shall be the end of the pertinent six-month period, both as author- ized and as required by this Res. olution; (b) When such Project Temporary Loan Note is to be held by the Government in escrow in con- nection with the issuance of ob- ligations of the Local Public Agency to aid in financing the aforementioned urban renewal or redevelopment project, such Note shall be in substantially the form of Exhibit 'B" attached hereto and made a part hereof. SECTION 4. That there is hereby established a separate and special account on the books of account of the Local Public Agency, which is hereby designated the "Project Temporary Loan Repayment Fund; Project No. Iowa R-15," said ac- count being elsewhere herein refer- red to as the "Project Temporary Loan Repayment Fund." The moneys of such account shall be maintained in a bank or banks which are members of the Federal Deposit Insurance Corporation, and may be deposted in a consolidated bank account or accounts limited to the moneys comprising the Pro- ject Temporary Loan Repayment Fund for this Project together with the moneys comprising the Project Temporary Loan Repay. ment Fund for any or all urban renewal projects carried out or to 391 Special Session, August 14, 1967 be carried out under Contracts for a Loan and Grant by and between the Local Public Agency and the Government. The following moneys shall be debited to said Project Temporary Loan Repayment Fund and deposited in the bank account or accounts authorized by this sec- tion as and when such moneys are received by the Local Public Ag- ency: (a) The proceeds of all sales of Project Land by the Local Public Agency, excluding such proceeds as may arise from the sale of Project Land after such Project Land has been leased; (b) All moneys constituting com- pensation by the Local Public Agency for Project Land which it retains instead of selling or leas- ing, excluding the moneys which may arise from the retention of Project Land after such Project Land has been leased; (c) All payments which are made by the Government to the Local Public Agency on account of the Project Capital Grant; (d) All moneys which may be pro- vided by the Local Public Agency from sources other than the Gov- ernment or from the proceeds of a Project Definitive Loan, if any, to compensate the Project Temporary L o a n Repayment Fund for the fair value imputed to Project Land which is leased by the Local Public Agency rath. er than sold by it for cash; (e) All such Grants -in -Aid in the form of deficiency cash grants as, after the Gross Project Cost and the Net Project Cost have been determined and the pay. ment of all costs comprising Item I of Gross Project Cost has been duly made or provided for and all other Local Grants -in -Aid ap. plicable to the Project which have been provided have been determined, are provided with respect to the Project to meet the deficiency, if any, in Local Grants -in -Aid in connection with the Project; (f) All accrued interest, if any, which is paid to the Local Public Agency on Project Temporary Loan Notes at the time when the Government takes up and pays for such Project Temporary Loan Notes; (g) All income derived from the investment of moneys deposited in the Project Temporary Loan Repayment Fund; and (h) The unexpended balance, if any, remaining or belonging in the Project Expenditures Ac- count after all costs constituting Item 1 of Gross Project Cost have been paid. SECTION 5. That Project Tem- porary Loan Notes issued pursuant to the provisions of this Resolution shall, as to bo!h the principal there- of and the interest thereon, con- stitute an exclusive first lien and charge upon the funds which, by the terms of this Resolution, com- prise the Project Temporary Loan Repayment Fund; which Fund is hereby irrevocably pledged to the payment of the principal of and interest on such Project Temporary Loan Notes. SECTION 6. That the City Man- ager is hereby authorized to file requisitions, together with neces- sary supporting documents, with the Government, from time to time as Project Temporary Loan or Pro- ject Capital Grant funds are re- quired, requesting payments to be made on account of the Project Temporary Loan or the Project Capital Grant provided for in the said Contract for loan and grant, and to do and perform all other things and acts required to be done or performed in order to obtain such payments. SECTION 7. That, when and as directed by further resolution or resolutions, the proper officers of the Local Public Agency shall pre- pare, execute, and deliver to the Government the Project Tempor- ary Loan Notes hereby authorized and shall accept payment therefor from the Government. SECTION 8. That the proceeds of the sale of all Project Tempor- ary Loan Notes issued pursuant to this Resolution shall be depos- ited and disbursed only in accord- ance with the provisions of the Contract for loan and grant, unless Otherwise approved in writing by the Government, SECTION 9. That the Project (which is designated Project No. Iowa R-15 and is herein called the "Project") includes and consists Of all undertakings and activities Of the Local Public Agency in the Urban Renewal Area, in accord. Special Session, August 14, 19f37, once with the Plan for the renewal or redevelopment of the Urban Re- newal Area, for the elimination and for the prevention of the develop. ment or spread of slums and blight, and, to the extent contem- plated by said Plan, involves slum clearance and redevelopment, and the carrying out of plans for a pro- gram of repair and rehabilitation of buildings or other improve- ments. SECTION 10. That the land area of the Project (herein called the "Urban Renewal Area") is situated within the City of Dubuque, State of Iowa and the boundaries of the Urban Renewal Area shall be de- scribed in the Contract for loan and grant. SECTION 11, That each of the following terms, when so used in this Resolution, shall, unless the context clearly indicates otherwise, have the meaning ascribed to it in this Section: (a) The term "Contract" means that certain document, a counterpart of which is now on file with the Local Public Agency, designated Contract No. Iowa 11-15 (LG), naming the Local Public Agency and the Government as the par- ties thereto, and providing for a Project Temporary Loan, a Pro- ject Definitive Loan, and a Pro- ject Capital Grant to the Local Public Agency with respect to the Project. (b) The term "Plan" means the urban renewal or redevelopment plan referred to in said Contract for loan and grant. (c) The terms "Local Grants -in -Aid" "Gross Project Cost," "Item I of Gross Project Cost," "Net Project Cost," "Project Land," "Project Temporary Loan," "Project Def initive Loan," "Project Capital Grant," "Project Expenditures Account," "fair value," "land," and "redevelopment," and deriv- atives thereof, have the same meanings, respectively, attribut- ed to said terms in the Con- tract for loan and grant. Passed, adopted, and approved this 14th day of August, 1987. Richard Ludwig, Mayor M Sylvester McCauley Walter A. Pregler Attest: Councilmen Leo F Frommelt, City ('Jerk .41 "EXHIBIT A" CITY OF DUBUQUE STATE OF IOWA PROJECT TEMPORARY LOAN NOTE Note No ............. $............ Project No. Iowa R-15 The City of Dubuque therein called the "Local Public Agency"). for value received, hereby promises to pay, but solely from the Project Temporary Loan Repayment Fund hereinafter mentioned and not otherwise, upon demand, to the United States of America or order, the sum of .......................DOLLARS (S ................), and at such time to pay, but solely from said Fund and not otherwise, interest on said sum, from the date of the acceptance of delivery of and the payment for this Note, at the rate or rates as follows: During the period from the date of the acceptance of delivery of and payment for this Note through June 3Q, 1967 (herein called the "Initial Interest Period"), said prin- cipal sum shall bear interest on the unrepaid amount thereof at the rate of five and one-quarter per centum (5'4' %) per annum. From and after said date said principal sum shall bear interest on the un - repaid principal amount thereof at a redetermined rate: (to be duly noted below on behalf of the Unit- ed States of America), which shall be initially determined and become: affective on the date immediately following the expiration of the In- itial Interest Period and shall be successively redetermined at 6 - month intervals thereafter on Janu. ary 1 and July 1 of each year; and each such redetermined rate shall become effective with respect to payments unrepaid on the date im- mediately preceding the effective date of such redetermined rate, in accordance with the following formula: The redetermined rate shall not exceed six per centum (6%) per annum, but otherwise shall be the higher of: (a) The "going Federal rate" deter- mined pursuant to the provisions of Title 1 of the liousing Act of 1949, as amended, and effective on the affective date of such re- determined rate; or (b) A rate per annum equal to the average yield to maturity on all outstanding obligations of the United States having a maturity 396 Special Session, August 14, 1967 of approximately five years from the May 1 or November 1, as the case may be, next preceding the effective date of such redeter- mined rate, as determined by the Secretary of Housing and Urban Development upon the advice of the Secretary- of the Treasury, such average yield to be esti- mated on the basis of daily clos- ing market bid quotations or prices for the month of May or November, as the case may be, next preceding the effective date of such redetermined rate, and adjusted to the nearest 3g of 1 percent. Both the principal of and inter- est on this Note are payable at the principal office of the Local Public Agency in the City of Dubuque, Iowa, in any coin or currency of the United States of America which, on the date of the payment of the principal of and interest on this Note, is legal tender for the payment of public and private debts. This Note is issued pursuant to the provisions of (a) the Constitu- tion and laws of the State of Iowa, including particularly Section 403.6 of the 1966 Code of Iowa; (b) a Resolution duly adopted by the Local Public Agency on the............ day of ................. 19......, providing for the issuance of Project Tem- porary Loan Notes (herein called the "basic Note Resolution"),- and (c) a resolution like wise adopted on the ................ day of ................. 19......, providing for the issuance of this particular Note; and the proceeds hereof are to be used to defray expenses and costs involved in the Local Public Agency's under- taking and carrying out of a cer. tain urban renewal or redevelop- ment Project of the character auth- orized by said laws and designated Project No. Iowa R-15, which is more fully identified in the basic Note Resolution. Said Project for which this Note is issued is being assisted by the United States of America pursuant to Title I of the Housing Act of 1949, as amend- ed (42 U.S.C. 1450 et seq.). Under the basic Note Resolution, there is established a separate and special fund therein referred to as the "Project Temporary Loan Repayment Fund" in which are re- quired to be deposited certain moneys, therein described, as and when the same are received by the Local Public Agency, and this Note, together with all other notes issued pursuant to basic Note Reso- lution, constitute, as to both the principal thereof and the interest thereon, an exclusive first lien and charge upon said Fund, which Fund is irrevocably pledged to the payment of the principal of and interest on this Note and all other notes which are issued as afore- said. This Note shall not constitute a debt or indebtedness of the State or of any town, city, county, municipality, or political entity or subdivision therein or thereof, within the meaning of any consti. tutional, statutory, local law, or charter provision. IT 1S HEREBY CERTIFIED, RE- CITED, AND DECLARED that all acts, conditions, and things re- quired to exist, happen, and be performed precedent to and in the issuance of this Note do exist, have happened, and have been perform- ed in due time, form, and manner as required by law. IN WITNESS WHEREOF, the Local Public Agency has caused this Note to be signed in its name and its seal to be impressed here- on and attested, by its proper of. ficers thereunto duly authorized, and this Note to be dated the ................day of ..................... 19....... (Seal) By.......................................................... City of Dubuque Mayor ATTEST: ............................................ City Clerk Delivery of this Note was accepted and payment therefor made on the ............ day of ................. 19....... UNITED STATES OF AMERICA Secretary of Housing and Urban Development By...................................................... .......................................................... INTEREST RATES Initially: ........ % through........, 19..... Thereafter:......? through......, 19.... Thereafter: ...... % through......, 19.... EXHIBIT "B" CITY OF DUBUQUE STATE OF IOWA PROJECT TEMPORARY LOAN NOTE (ESCROW) Note No....... Project No. Iowa R 15 -r Special Session, August 14, 19(i, 397 The City of Dubuque (herein called the "Local Public Agency"), for value received, hereby prom. ises to pay, but solely from the Project Temporary Loan Repay. ment Fund hereinafter mentioned and not otherwise, upon demand, to the United States of America or order, the sum of .......... Dollars ($ ..................), and at such time to pay, but solely from said Fund and not otherwise, interest on said sum, from the date of the accept- ance of delivery of and the pay- ment for this Note, at the rate or rates as follows: From and after the date of ac- ceptance of delivery of and pay- ment for this Note through the next immediately succeeding June 30 or December 31, as the case may be, the rate shall not exceed six percent (617,) per annum, but otherwise shall be the higher of: (a) The "going Federal rate" de- termined pursuant to the provi- sions of Title I of the Housing Act of 1949, as amended, which is in effect on the date delivery of this Note is accepted and pay- ment made therefor; or (b) A rate per annum equal to the average yield to maturity on all outstanding obligations of the United States having a maturity of approximately five years from the May 1 or November 1, as the case may be, next preceding the date delivery of this Note is accepted and payment made therefor, as determined by the Secretary of Housing and Urban Development upon the advice of the Secretary of the Treasury, such average yield to be esti- mated on the basis of daily clos- ing market bid quotations or prices for the month of May or November, as the case may be, next preceding the date delivery of this Note is accepted and pay- ment made therefor, and ad- justed to the nearest % of 1 per- cent. From and after the January 1 or July 1, as the case may be, next succeeding the date of acceptance of delivery of and payment for this Note, the principal sum shall bear interest on the unrepaid prin- cipal amount thereof at it redo. termined rate (to be duly noted below on behalf of the United States of America), which shall be initially determined and become ef- fective on said January 1 or July 1, as the case may be, and shall be successively redetermined at 6. month intervals thereafter on Jan. uary 1 and July 1 of each year; and each such redetermined rate shall become effective, with respect to payments unrepaid on the date immediately preceding the effec- tive date of such redetermined rate, in accordance with the fol- lowing formula: The redetermined rate shall not exceed six percent (6%) per annum, but otherwise shall be the higher of: (a) The "going Federal Rate" de. termined pursuant to the provi- sions of Title I of the Housing Act of 1949, as amended, and effective on the effective date of such redetermined rate; or (b) A rate per annum equal to the average yield to maturity on all outstanding obligations of the. United States having a maturity of approximately five years from the May 1 or November 1, as the case may be, next preceding the effective date of such redeter- mined rate, as determined by the Secretary of Housing and Urban Development upon the ad- vice of the Secretary of the Treasury, such average yield to be estimated on the basis of daily closing market bid quota- tions or prices for the month of May or November, as the case may be, next preceding the ef- fective date of such redeter- mined rate, and adjusted to the nearest % of I percent. Both the principal of and inter- est on this Note are payable at the principal office of the Local Pub- lic Agency in the City of Dubuque, Iowa, in any coin or currency of the United States of America which, on the date of the payment of the principal of and interest on this Note, is legal tender for the payment of public and private debts. This Note is issued pursuant to the provisions of (a) the Constitu- tion and laws of the State of Iowa, including particularly Section 403.6 of the 19ti6 Code of Iowa; (b) a Resolution duly adopted by the Local Public Agency on the .......... (lav of ......................... 19.........., pro- viding for the issuance of Project Temporary Loan Notes (herein called the "basic Note Resolution"); and (c) a Resolution likewise adopt- 398 Special Session, August 14, 1967 ed on the ........1. day of ................... 19.........., providing for the issuance of this particular Note; and the proceeds hereof are to be used to defray expenses and costs involved in the Local Public Agency's un- dertaking and carrying out of a certain urban renewal or redevel- opment Project of the character authorized by said laws and desig- nated Project No. Iowa R-15, which is more fully identified in the basic Note Resolution. Said Project for which this Note is issued is being assisted by the United States of America Pursuant to Title I of the Housing Act of 1949, as amended (42 U.S.C. 1450 et seq.). Under the basic Note Resolution, there is established a separate and special fund therein referred to as the "Project Temporary Loan Repayment Fund" in which are re- quired to be deposited certain mon- eys, therein described, as and when the same are received by the Local Public Agency, and this Note, to- gether with all other notes issued Pursuant to the basic Note Reso- lution, constitute, as to both the principal thereof and the interest thereon, an exclusive first lien and charge upon said Fund, which Fund is irrevocably pledged to the payment of the principal of and interest on this Note and all other notes which are issued as afore. said. This Note shall not constitute a debt or indebtedness of the State or of any town, city, county, munic. ipality, or political entity or sub. division therein or thereof, within the meaning of any constitutional, statutory, local law, or charter Provision. IT IS HEREBY CERTIFIED, RE- CITED, AND DECLARED that all acts, conditions, and things requir- ed to exist, happen, and be per- formed precedent to and in the is. suance of this Note do exist, have happened, and have been perform. ed in due time, form, and manner as required by law. IN WITNESS WHEREOF, the Local Public Agency has caused this Note to be signed in its name and its seal to be impressed hereon and attested, by its proper officers thereunto duly authorized, and this Note to be dated the day of ................. 19....... (Seal) By.......................................................... City of Dubuque Mayor ATTEST: .............................................. City Clerk Delivery of this Note was accepted and payment therefor made on the ................day of ................. 19....... UNITED STATES OF AMERICA Secretary of Housing and Urban Development By.......................................................... .......................................................... INTEREST RATES Initially: ...... % through........, 19....... Thereafter: ...... % through ....... 19..... Thereafter: ......% through ....... 19..... Mayor Ludwig moved adoption of the resolution. Seconded by Coun- cilman McCauley. Carried by the following vote: Yeas — Mayor Ludwig, Council. men McCauley, Pregler. Nays—Councilmen PION, Schultz. RESOLUTION NO. 246.67 Authorizing the Execution and Delivery of a Certain Project Temporary Loan Note in Con. nection with Project No. Iowa R -IS WHEREAS, the City of Dubuque (herein sometimes called the "Local Public Agency") has filed or is about to file a requisition, together with the necessary supporting doc- uments, with the United States of America (herein called the "Gov. ernment") requesting a payment on account of the Project Temporary Loan provided for in the Loan and Grant Contract and numbered Contract No. Iowa R-15 (LG), (which, together with all supple- ments, amendments, and waivers, is herein called the "Local and Grant Contract") by and between the Local Public Agency and the Government, said Loan and Grant Contract being in connection with a certain project of the Local Public Agency designated therein; and WHEREAS, the Local Public Ag- ency has determined to issue its Project Temporary Loan Note as security for such payment; now therefore, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DU. BUQUE: SECTION 1. That pursuant to the provisions of a Resolution en- titled - Q Special AuRtKt 14, h*7 ,l AUTHORIZING THE ISSU- ANCE OF CERTAIN' PRI'~ JECT TENPOR .RY LOAN NOTES IN CONNEk'TION R-ITH URBAN RENEWAL PROJECT NO IOWA R-15 AND PROVIDING FOR THE SECURITY FOR THE PAY- MENT THEREOF. AND FOR OTHER PURPOSES duly adopted by the Local Public Agency on the 14th day of August. lW.. the Mayor and the City Clerk of the Local Public Agency are herebv authorized and directed to prepare and execute a note, author- ized by the said Resolution, in the principal amount of One Million Dollars (51,000,0tx1), or, if the Gov- ernment shall only approve said requisition for a lesser amount, in the lesser amount so approved by the Government. Such note shall bear interest from the date of the: acceptance of the Local Public Agency's delivery thereof and the payment therefor by the Govern- ment; shall be dated the 16th day of August, 1967; shall be desig• noted Project Temporary Loan Note No. 1; shall bear a state- ment at the foot thereof in sub- stantially the following form: "Delivery of this Note was ac• cepted and payment therefor made on the ................day of ......... I....... 19......... UNITED STATES OF AMERICA Secretary of Housing & Urban Development By.......................................................... and shall note be valid until said statement is duly executed on be. half of the Government. The City Manager is hereby authorized and directed to deliver such note and to accept payment therefor from the Government, and the aforesaid officers are hereby authorized and directed to do all acts and things necessary for the execution, sale, and delivery of such note. SECTION 2. That the proceeds of such note shall be deposited and disbursed only in accordance with the provisions of the I..oan and Grant Contract, unless otherwise approved by the Government Passed, adopted and approved this 14t h da) at AuMt. 191Ci Richani Uttdwig Mayor M s-VIV"ter NUA'aule% Walter A JWQIer Coum,ihuen Attest: Leo F. F rommelt, City Clerk Councilman Pregler moved adolr tion of the resolution sewn+ted b� Councilman MC-C'auley. Carried by the following vote; Yeas ._ Mayor Ludwig, Coultril. men McCauley, Pregler, Nays — Councilman l'tohl. Schultz June lZ IW7 Honorable Ma}'or and Council Members Gentlemen. The City Planning and Zoning Commission has reviewed the final Plat of the subdivision of last 3, Block 4 in Westchester SuNbviston and have found that it meets the minimum requirements of the sub- division regulations and is an ap• propriate design for the site. It is the recommendation of the Commission that the plat be ap• proved as submitted. Respectfully submitted, Don Gilson, Director of Planning Councilman Pregler moved that the communicatiton be received and filed. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Mayor Ludwig, Council. men McCauley, Piohl, Progler, Schultz. Nays --None, RESOLUTION NO. 241.61 Resolution approving the plat of Lot 3 Block 4 in Westchester Subdivision, Section 21, Town- ship 89 North, Range 2 East of the 5th Principal Mwidlan In the city of Dubuque, Iowa. Whereas, there has been filed with the City Clerk a pint in which: Lot 3 Block 4 in WPxlcheatrr Subdivision, Section 21, 'Pawn ship So North, lta nge 2 bait of the 5th Princlpal Meridian In the City of Dubuque, Iowa is platted as Felt I of lot 3, Not 2 of IAN 3, Lot 3 of Tat 3, Lot 4 of Iod :i, and last 5 of I.ol 3, Block 4 In Westchester Subdivialan, Hae 400 Special Session, August 14, 1967 tion 21, Township 89 North, Range 2 East of the 5th Prin- cipal Meridian in the City of Dubuque, Iowa, by Westchester, Inc. as Owner thereof; and Whereas said plat has been ex- amined by the City Planning and Zoning Commission and approved by said body; and Whereas there appears thereon certain easements for public util- ities which the owners have upon said plat dedicated to the public forever; and Whereas said plat has been found by the City Council to con- form to the Statutes and Ordinan- ces relating thereto and that the necessary public improvements have been installed; NOW THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the dedication of Public utility easements as the same appear on the plat are here- by accepted. Sect!on 2. That the plat of Lot 3 Block 4 in Westchester Subdivision, Section 21, Township 89 North. Range 2 East of the 5th Principal Meridian in the City of Dubuque, Iowa, which will hereafter be known as Lot 1 of Lot 3, Lot 2 Of Lot 3, Lot 3 of Lot 3, Lot 4 of Lot 3, and Lot 5 of Lot 3 in Westchester Subdivision, Section 21, Township 89 North, Range 2 East of the 5th Principal Meridian in the City of Dubuque, Iowa, is hereby approved and the Mayor and City Clerk are hereby author. ized and directed to endorse the approval of the City of Dubuque upon said plat. Passed, adopted and approved by recorded roll call vote this 14th day of August, A.D., 1967, Richard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler Attest: Councilmen Leo F. Frommelt, City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Pfohl, Carried by the following vote: Yeas — Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None. RESOLUTION NO. 248-67 WHEREAS, applications for Beer Permits have been submitted to this Council for approval and the same have been examined, NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the following applica- tions be granted and licenses be issued upon the compliance with the terms of the ordinances of the City. CLASS "B" BEER PERMIT PRIVATE CLUB American Legion Post No. 6 (Trans- fer from 880 Locust Street 4th Floor, effective August 28, 1967), 75 East 4th Street Passed, adopted and approved this 14th clay of August, 1967, Richard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler Councilmen Attest: Leo F. Frommelt, City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Mayor Ludwig. Carried by the fol- lowing vole: Yeas — Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None. RESOLUTION NO. 249.67 WHEREAS, applications for Beer Permits were filed by the within named applicants and they have received the approval of this Coun. cil; and WHEREAS, the premises to be occupied by such applicants were inspected and found to comply with the ordinances of this City and they have filed proper bonds: NOW THEREFORE, BE IT RE. SOLVED by the City Council of the City of Dubuque, Iowa, that the Manager be and he is hereby di- rected to issue to the following named applicants a Beer Permit. Special Session, August 1.1, 1967 CLASS "B" BEER PERMIT PRIVATE CLUB American Legion Post No. 6 (Trans- fer from 880 Locust Street 4th floor, effective August 28, 1967) 75 East 4th 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 14th day of August. 1967. Richard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler Councilmen Attest: Leo F. Frommelt, City Clerk Mayor Ludwig moved adoption of the resolution. Seconded by Councilman Pfohl. Carried by the following vote: Yeas—Mayor Ludwig, Council- men McCauley. Pfohl, Pregler, Schultz. Nays—None. August ll, 196; Honorable Mayor and City Council Members Gentlemen: The City Planning and Zoning Commission has reviewed a final plat of Block 1, 2, 3, 4, and 5 of "Highland" in the city of Dubuque, Iowa. The Commission has found that the plat conforms to the proposed layout for the area which was approved by the Planning and Zon- ing Commission on June 15, 1967. that the easements as shown are satisfactory to the utility compan- ies, and that the plat meets the minimum requirements of the Sub- division Ordinance. It is the recom- mendation of the Planning and Zoning Commission that the plat be approved. Respectfully submitted, Planning and Zoning Commission Don Gilson, Director of Planning Councilman Pfohl moved that the communication be received and filed. Seconded by Mayor Ludwig. Carried by the following vote: Yeas — Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays ---None. ,W RESOLUTION NO. 250-67 Resolution Approving the plat of Blocks 1, 2, 3, 4 and 5 of "Highland" in the City of Du. buque, Iowa. WHEREAS, there has been filed with the City Clerk a plat of the Subdivision to be known as Blocks 1, 2, 3, 4 & 5 in "Highland" in the City of Dubuque, Iowa, by Leonard L. Timmerman and Ruth C. Timmerman; and WHEREAS, upon said plat ap. pear streets to be known as Spring Valley Road, Fox Hollow Road, Wilderness Road, Olde Country Lane and John F. Kennedy Road. together with certain public util. ity easements which the Owners by said plat have dedicated to the pub- lic forever; and WHEREAS, said plat has been examined by the City Planning and Zoning Commission and had its ap- proval endorsed thereon; and WHEREAS, said plat has been examined by the City Council and they find that the same conforms to statutes and ordinances relating thereto, except that street grades have not been established, the streets brought to grade, or paving, sewer or water installed; NOW THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa: Section 1. That the dedications of Spring Valley Road, Fox Hollow Road, Wilderness Road, Olde Coun- try Lane and John F. Kennedy Road, together with the easements for public utilities as the same ap- pear upon said plat, be and the same are hereby accepted; Suction 2. That the plat of Blocks 1, 2, 3, 4 and 5 in "Highland" in the City of Dubuque, Iowa, be and the same is hereby approved and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa, upon said plat, provided the owners of said prop- erty herein named, execute their written acceptance hereto attached agreeing: a. To reduce all streets to grade and to construct concrete curb and gutter and to hard surface Spring Valley Road, Fox Hol- low Road, Wilderness Road and Olde Country Lane with bitumi. nous concrete, or with concrete paving with integral curb, all 402 Special Session. August 14, 1 W i in accordance with City of Du- buque standard specifications; b. To install sanitary sewer mains and sewer service laterals in accordance with plans submit- ted with the plat: c. To install water mains and wa- ter service laterals in accord- ance with plans submitted with the plat; d. To install storm sewers and catchbasins in accordance with plans submitted with the plat; e. To install concrete sidewalks as required by Ordinances, and where directed by the City En- gineer and the City Manager; f. To construct the foregoing im- provements in accordance with plans and specifications ap- proved by the City Manager, under the inspection of the City Engineer, and in a man- ner approved by the City Man- ager; g. To maintain the foregoing im- provements for a period of four (4) years from the date of their acceptance by the City of Dubuque, Iowa; h. To provide the foregoing con- struction and maintenance at the sole expense of the Subdi- vider, Leonard L. Timmerman and Ruth C. Timmerman, as owner; i. To construct said improvements, except sidewalks, prior to Au- gust 15, 1969, and to construct the sidewalks prior to August 15, 1971; and further provided that said Leonard L. Timmerman and Ruth C. Timmerman, as owner of said Subdivision, secure the perform- ance of the foregoing conditions by providing security in such form and with such sureties as may be acceptable to the City Manager. Section 3. That in the event Leonard L. Timmerman and Ruth C. Timmerman, shall fail to exe- cute the acceptance 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. Passed, adopted and approved by unanimous recorded roll call this 14th day of August, A.D., 1967. Richard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler Councilmen Attest: Leo F. Frommell City Clerk To: Leo F. Frommelt City Clerk This is to certify that the secur- ity required for the foregoing Reso- lution No. 250.67 has been pro- vided by the Owner. Dubuque, Iowa . ........................ 1967. ..................................................... City Manager Acceptance of Resolution No. 250-67 We, Leonard L. Timmerman and Ruth C. Timmerman, being familiar with the terms and conditions of the foregoing RESOLUTION NO. 250-67 hereby accept the same and agree to perform the conditions re- quired of us therein. Leonard L. Timmerman Ruth C. Timmerman Mayor Ludwig moved adoption of the resolution. Seconded by Coun- cilman Pfohl. Carried by the fol- lowing vote: Yeas — Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None. There being no further business Councilman Pregler moved to ad. journ. Seconded by Councilman SPecial Session, August 14, 1987 403 Mc(-auley. Carried by the follow ing vote: Yeas Mayor Ludwig, Council men McCauley, Pfohl, Pregler. Schultz. Nays --None. Leo F. Frommelt, City Clerk. Approved OCt.Ob.9T....23.s 1967 10.1 Special Session. August 18, 1967 CITY COUNCIL OFFICIAL Special Session, August 18, 1967, Council met at 4:15 P.M. (D.S.T.) Present—Councilmen McCauley, Pfohl, Pregler, Schultz. City Man. ager Gilbert D. Chavenelle. Absent—Mayor Ludwig. Councilman Pfohl moved that Councilman Schultz be appointed to "Presiding Officer Pro Tem" of this meeting. Seconded by Coun- cilman McCauley. Carried by the following vote: Yeas — Councilman McCauley, Pfohl, Pregler, Schultz. Nays—None. Absent—Mayor Ludwig. Presiding Officer Pro Tem Schultz read the call and stated that service thereof had been duly made and this meeting is called for the purpose of acting upon a "RESOLUTION PROVIDING for a Notice of Hearing on Proposed Plans, Specifications and Form of Contract for Constructing Fire Station No. 2," and a "RESOLU- TION PROVIDING for Taking Bids for the Construction of Fire Sta- tion No. 2 on John F. Kennedy Road," and acting upon such other business as may properly come be- fore a regular meeting of the City Council, RESOLUTION NO. 251.67 Resolution Providing for a Not. ice of Hearing on Proposed Plans, Specifications and Form of Contract for Constructing Fire Station No. 2. WHEREAS, at a special election held in the City of Dubuque, Iowa, the voters affirmatively voted in favor of the construction of a Fire Station on John F. Kennedy Road in the City of Dubuque, which elec- tion was held on February 21, 1.967 and; WHEREAS, the City Council of City of Dubuque, Iowa deems it in the best interest of public safety to construct said Fire Station No. 2 and; WHEREAS, the cost of construct- ing said Fire Station No. 2 has been estimated to cost $190,000.00 and proposed plans, specifications and form of contract for said Fire Station No. 2 have been prepared by Durrant, Deininger, Dommer, Kramer, Gordon, Architects and Engineers, and are now on file with the City Clerk, and, WHEREAS, it is necessary to fix a time and place of hearing on said proposed plans, specifications and form of contract and to give notice thereof: NOW THEREFORE, BE IT RE- SOLVED BY THE CITY COUN- CIL OF THE CITY OF DUBU- QUE, IOWA, AS FOLLOWS: SECTION 1. That the plans, spec. ifications and form of contract re- ferred in the preamble be and the same are hereby approved and adopted, subject to the notice and hearing hereinafter provided, and the 5th day of September, 1967 at 7:30 o'clock p.m., central daylight saving time at the Council Cham. ber in the CIty Hall, in the City of Dubuque, Iowa is hereby fixed as the time and place of hearing on said proposed plans, specifica. tions and form of contract for constructing said Fire Station No. 2. SECTION 2. That the City Clerk is hereby authorized and directed to give notice of the hearing on said proposed plans, specifications and form of contract by publication of such notice at least once not less than ten (10) days prior to the date fixed for said hearing in the "Telegraph -Herald," a newspa- per published in the City of Du- buque, Iowa, and having a general circulation in said City. Said notice shall be in substantially the fol- lowing form: Notice of Public Hearing on Pro- posed Plans and Specifications and Proposed Form of Contract Covering Construction of Fire Station No. 2 on John F. Ken. nedy Road in and for the City of Dubuque, Iowa. PUBLIC NOTICE is hereby given that the City Council of the City of Dubuque, in Dubuque County, Iowa, will meet on the 5th day of Sep- tember, 1967, at the Council Cham- ber, in the City Hall, Dubuque, Iowa at 7:30 o'clock p.m., central daylight saving time, for the pur- Posc of conducting a public hear- ing on the proposed plans, specifi- cations and proposed form of con- tract for the construction of Fire Station No. 2 to be located on John Special Session, August 18, 1967 905 F. Kennedy Road, in the City of Dubuque. The proposed plans, spec- ifications and form of contract have been prepared by Durrant, Dein- inger, Dommer, Kramer, Gordon, Architect and Engineers, are now on file in the office of the City Clerk in the City Hall, Dubuque, Iowa. The project consists general- ly of the construction of a one story fire station facility of ap- proximately 6,300 square feet, to- gether with accessories and appur- tenances. At such hearing, any interested person may appear and file ob- jections to the proposed plans, spec- ifications or form of contract or to the cost of such improvement. By order of the City Council August 18, 1967. Leo F. Frommelt, City Clerk SECTION 3. That all resolutions on parts thereof in conflict here- with be and the sante are hereby repealed. and this resolution shall be effective forthwith upon its passage and approval. Passed and approved this 18th day of August, 1967. Merlin F. Schultz Presiding Officer Pro Tem M. Sylvester McCauley Eldon A. Pfohl Walter A. Pregler Councilmen Attest: Leo F. Frommelt, City Clerk Recorded August 18th, 1967 Leo F. Frommelt, City Clerk Councilman Pfohl moved adop- tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Presiding Officer Pro Tem Schultz, Councilmen McCau- ley, Pfohl, Pregler. Nays—None. Absent—Mayor Ludwig. RESOLUTION NO. 252-67 Resolution providing for taking bids for the construction of Fire Station No. 2 on John F. Kennedy Road. WHEREAS, it is necessary and advisable in the public interest that a fire station be constructed having a floor area of approximate ly 6,300 square feet on John F Kennedy Road in the City of Du buque, Iowa: and WHEREAS, proposed plans, spec. fications and form of contract for Laid Fire Station No. 2 have been )rep" by Durrant, Deininger, Dommer, Kramer, Gordon, Archi. sects and Engineers, and are now )n file in the office of the City Clerk, and it is necessary to fix a time and place for taking bids for the construction of said improve- ment. NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, as fol- lows: SECTION 1. That the 14th day of September. 1967 at 2:00 o'clock p.m., central daylight saving time. at the office of the City Clerk in the City Hall, in the City of Du- buque, Iowa, is hereby fixed as the time and place of taking bids for the construction of the Fire Station No. 2. SECTION 2. That the Mayor and City Clerk are hereby authorized and directed to give notice of the taking of said bids by publication of such notice once each week for at least two consecutive weeks in the "Telegraph -Herald," a newspa- per published in the City of Du- buque, Iowa, and having a general circulation in said City, the first of which publication shall be at least fifteen (15) days prior to the date fixed for receipt of bids. Said notice shall be in substantially the following form: Notice of Taking Bids for the Construction of Fire Station No. 2 located on John F. Kennedy Road in and for the City of Dubuque, Iowa. PUBLIC NOTICE is hereby given that sealed proposals endorsed FIRE STATION NO. 2 will be re- viewed by the City of Dubuque, Iowa, at the office of the City Clerk in the City Hall, Dubuque, Iowa, until 2:00 o'clock P.M. cen- tral daylight saving time on the 14th day of September, 1967, for furnishing all necessary equipment, superintendence and labor for the construction of Fire Station No. 2 to be located on John F. Kennedy Road, according to the plans and specifications there- fore prepared by Durrant, Deining- er, Dommer, Kramer, Gordon, Ar- chitects and Engineers, 1122 Rock- dale Road, Dubuque, Iowa, and now on file in the office of the 406 Special Session, August 18, 1967 City Clerk. The project consists generally of its complete construc- tion of a one story structure having a floor area of approximately 6,300 square feet, all as shown in the plans and specifications. Each proposal shall be made on a form furnished by the City as a part of the specifications, shall be addressed to the City of Dubuque, c/o Leo F. Frommelt, City Clerk, City Hall, Dubuque, Iowa and must be accompanied in a separate: en- velope by a certified check drawn on a solvent Iowa bank, payable to the order of the City Treasurer of the City of Dubuque, Iowa, or a deposit of money, in an amount equal to at least ten per cent (10%) of the amount of the proposal. If the successful bidder fails to en. ter into a contract with the City of Dubuque, Iowa, for said work or fails to furnish a satisfactory performance bond or fails to file the necessary insurance as re- quired by the specifications within fifteen (15) days after notification of the award, the check may be cashed or deposit money forfeited as liquidated damages. Payment to the contractor will be made from proceeds of the sale of general obligation bonds of said City. Monthly estimates will be paid to the contractor as the work progresses in amounts equal to ninety per cent (90%) of its con. tract value of the work completed during the preceding calendar month, including the value of ma- terial suitably stored on the prem. ises up to the first day of that month as estimated by the Engi. neer. Such monthly payments shall in no way be construed as an act of acceptance for any part of the work partially or totally completed. Final payment of the remaining ten per cent (10%) due the Con- tractor will be made not earlier than thirty-one (31) days from the final acceptance of the work by the City, subject to the conditions and in accordance with the provi- sions of chapter 573 of the Code of Iowa, 1966. The successful bidder will be re- quired to furnish a performance bond in an amount equal to one hundred per cent (100%) of the contract price, said bond to be is- sued by a responsible surety ap. provad by the City Council and shall guarantee the faithful per- formance of the contract and the terms and conditions therein con- tained, and shall also guarantee the work performed and materials furnished against defects in mater- ials or workmanship for a period of one (1) year from the date of final acceptance of the work by the City. The construction work shall be commenced within ten days (10) after the execution of the contract and shall be fully completed on or before .Tune 1, 1968, subject any extension of time which may be granted by the City Council. Separate bids will be received as follows: General Construction Work Plumbing Work Heating, Ventilating and Air Conditioning Work Combined Plumbing Work and Beating, Ventilating and Air Conditioning Work Electrical Work Copies of the plans and specifi- cations and proposal forms may be obtained at the office of the City Engineer in the City Hall, Du- buque, Iowa, or at the office of Durrant, Deininger, Dommer, Kra- mer, Gordon, 1122 Rockdale Road, Dubuque, Iowa, on deposit of the sum of Twenty-five dollars ($25.00) for each set of plans and specifi- cations. The full amount of the deposit will be refunded upon the return of the plans and specifica- tions, transportation prepaid, in good condition, within ten (10) days after opening of bids. Plans and specifications may be seen at the following locations: Iowa: Dubuque—Tri-State Builders Ex- change Des Moines --F. W. Dodge; Mas- ter Builders of Iowa Cedar Rapids —Allied Construe. tion Interests Waterloo—Waterloo Builders Ex- change Mason City --North Iowa Build- ers Exchange Illinois: Chicago—F. W. Dodge Rockford — Associated Building Contractors Rock Island—Quad City Builders Association .,0 Special Session. Augmst 18, 19fi; 407 Wisconsin: Madison --F. W. Dodge: Mechani. cal Exchange LaCrosse—Builders Exchange Missouri: St. Louis—Scan Photronix, Inc. By virtue of statutory authority, a preference will be given to prod- ucts and provisions grown, and coal produced, within the State of Iowa, and to Iowa domestic labor. No bid may be withdrawn within a period of forty-five (45) days from and after the date fixed for opening bids. The City reserves the right to re- ject any or all proposals and the contract will be awarded to the lowest responsible bidder. Published upon the order of the City Council of the City of Du- buque, Iowa. Merlin F. Schultz Presiding officer Pro Tem Attest Leo F. Frommelt City Clerk SECTION 3. That all provisions set out in said form of notice we hereby recognized and prescribed by this City Council and that all resolutions or orders or parts thereof to the extent same may be in conflict herewith are hereby re- pealed. Passed and approved August 18th, 1967, Merlin F. Schultz Presiding Officer Pro Tem M. Sylvester McCauley Eldon A. Pfohl Walter A. Pregler Councilmen Attest: Leo F. Frommelt City Clerk Recorded August l8th. 1967 Leo F. Frommelt City Clerk Councilman Pfohl moved adop tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas—Presiding officer Pro Tem Schultz, Councilmen McCauley, Pfohl, Pregler. Nays --None. Absent ---Mayor Ludwig There being no further business Counciltnan McCauley moved that the meeting adjourn. Seconded by .No Councilman Pfohl. Carried by the following vote: Yeas—Presiding Office Pro Tem Schultz, Councilmen McCauley, Pfohl, Pregler. Nays—None. Absent—Mavor Ludwig, Leo F. Frommelt City Clerk Approved October. 231-1967 Adopted ..October 23 f IW7 408 Special Session. August 23, 1967 CITY COUNCIL OFFICIAL Special Session, August 23, 1967. council met at 4:30 P.M. (D.S.T.) Present — Mayor Ludwig, Councilmen McCauley, Pfohl, Pregler, Schultz. City Manager Gilbert D. Chavenelle. Mayor Ludwig read the call and stated that service thereof had been duly made and this meeting is called for the purpose of adopt- ing a 'RESOLUTION CALLING AN ELECTION ON THE ISSU- ANCE OF $500,000 FIRE STATION BONDS AND ALSO ADOPTING A "RESOLUTION PROVIDING FOR THE ADVERTISEMENT OF $190- 000 FIRE STATION BONDS" and acting upon such other business as may properly come before a Regular meeting of the City Coun- cil. August 21, 1967 Honorable Mayor and Council Members Gentlemen: It has been found that Ordinance 33-67 which was adopted on Au- gust 7 and changed the zoning classification of certain properties on the west side of Kennedy Road did not describe all of the prop- erty that was intended to be clas. sified Local Business District "B." The legal description was taken from a plat which had been changed by a more recent plat. It was the original intention to place Local Business District "B" Classification on property along Kennedy Road to a depth of 500 feet; however, the Ordinance ac. tually placed this classification on property to a depth of 434 feet. That portion of Ordinance No. 33.67 which reads: The easterly 500 feet of Lot 1 of Lot 1 of the Southeast '/4 of the Southeast 1/4, Section 21, T. 89 N., R. 2 E. should be changed to read Lot 1 of Sub- division of Lot 1 of Lot 1 of the Southeast 1/4 of the Southeast 1/4 Section 21, T. 89 N., R. 2 F. ex- cept the Westerly 500 feet. This matter should be referred to the City Attorney for this review and proper action. If I can offer any further explanation of this matter, please let me know. Respectfully submitted, Don Gilson, Director of Planning Councilman McCauley moved that the communication be re- ferred to the City Attorney. Sec- onded by Councilman Pregler. Car- ried by the following vote: Yeas — Mayor Ludwig, Coun. cilmen McCauley, Pfohl, Pregler, Schultz. Nays—None. Petition of Peoples Natural Gas requesting permission to excavate on Rush Street between Plum and Apple streets, presented and read. Councilman Schultz moved that the petition be granted. Seconded by Councilman Pfohl. Carried by the following vote: Yeas — Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. Nays—None. Petition of Peoples Natural Gas requesting permission to excavate on Maryville Drive between Kauf- mann Avenue and Sarah Street, presented and read. Councilman Schultz moved that the petition be granted. Seconded by Council- man Pfohl, Carried by the follow- ing vote: Yeas — Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. Nays—None. RESOLUTION NO. 253-67 RESOLUTION calling an election on the Issuance of $500,000 Fire Station Bonds. WHEREAS it is deemed neces- sary and advisable that the City of Dubuque, Iowa, construct a new fire station at the corner of 9th Street and Central Avenue in said City and contract indebtedness and issue bonds for such purpose not exceeding $500,000 and levy a tax annually upon the taxable prop- erty in said City not exceeding one mill per annum for the payment of such bonds and the interest there. on, and WHEREAS before such bonds may be issued it is necessary that said proposition be submitted to and approved by the voters of said City, all as contemplated and pro- Special Session, August 23, 196', vided by Chapter 407 of the Code of Iowa, 1966, as amended; NOW, THEREFORE, Be It Re- solved by the City Council of the I City of Dubuque. Iowa as follows: ' Section 1. That a special munici. pal election is hereby called and ordered to be held in and for said City of Dubuque, Iowa on the 19th day of September, 1967, at which there shall be submitted to the voters of said City the proposition of constructing a new fire station at the corner of 9th Street and Central Avenue in said City and contracting indebtedness for such purpose not exceeding $500,000 and issuing bonds for such purpose not exceeding $500.11(N) and levying a tax annually upon the taxable prop. erty in said City not exceeding one mill per annum for the payment of such bonds and the interest thereon. Section 2. For said election the City shall he divided into sixteen election precincts, the boundaries of which shall be as delimited by Ordinances 'Numbered 7.52, 37.56. 67.60, 54.61. 20-62, 21.62, 22-62, 7-63, 33-64. 34-64. 35.64. 4-67, 5.67. W. and 7-67 and 39-67 of said City. The polls shall be kept open from seven o'clock in the morning until eight o'clock in the evening. and the polling places within the respective election precincts shall be as follows: Precincts Polling Places First --Bryant School, 1280 Rush Street Second—Washington .1r. I i g h School, 51 N. Grandview .Avenue Third --Franklin School, 39 Bluff Street Fourth --County Court House, 7th & Central Avenue Fifth—Lincoln School, 1101 W. 5th Street Sixth—No, 4 Fire Station, Univer- sity & Atlantic Streets Seventh—City Hall, 13th & Central Avenue Eighth --Public Library, 11th & Bluff Street Ninth—Fire Station, 18th & Central Avenue Tenth ---Board of Education Build- ing, 1500 Locust Street Eleventh -- Ragatz Drug Store Building, 20th & Central Avenue Twelfth Fulton School, 2540 Cen- tral Avenue .m 109 Thirteenth — Holy Ghost School. 2901 Central Avenue Fourteenth—Audubon School, 535 Lincoln Avenue Fifteenth -- Marshall School, 1450 Rhomberg Avenue Sixteenth — Irving School, 2520 Pennsylvania Avenue Section 3. That the Mayor is here. by authorized and directed to issue a proclamation and notice of said election on said proposition and of the time and places thereof, by Publication of such notice in the **Telegraph Herald," a newspaper published in said City of Dubuque, Iowa, and of general circulation therein. Such notice shall be pub- lished in said newspaper once each week for at least three consecutive weeks, and the last of such publica- tions shall be not less than five nor more than twenty days before the date fixed for said election. Such notice shall be in substantial- ly the following form: MAYOR'S PROCLAMATION NOTICE OF ELECTION ON FIRE STATION BONDS DUBUQUE, IOWA PUBLIC \uTICE is hereby giv- en that a special municipal elec- tion has been called and ordered to be held in the City of Dubuque, toHa, on the 19th day of Septem- ber, 1967, at which there will be submitted to the qualified voters of said City, to be: by them voted upon, the proposition of construct- ing a new fire station at the cor- ner of 9th Street and Central Av. enue in said City, the contracting of indebtedness for such purpose not exceeding $500,000, the issu- ing of bonds of said City for such purpose not exceeding $500,000. and the levying of a tax on all taxable property in said City at the rate of not exceeding one mill per annum for the payment of such bonds and the interest thereon. At said election the ballots to be used for the submission of the aforesaid proposition will be sub. stantially the following form: (Face of Ballot) (Notice to Voters: For an affirm- ative vote upon the question sub. mitted upon this ballot make a cross 2X1 mark or (, ) in the square after the word "Yes." For a nega. tive vote make a similar mark in the square following; the word "No.) 410 Special Session. August 13, 1967 SHALL THE FOLLOWING PUBLIC MEASURE BE ADOPTED? Shall the City of Dubu- que, Iowa, construct a new fire station at the corner of 9th Street and Central Avenue int 1 said City and contract) YES l indebtedness for such) 1 purpose not exceeding] I $500,000 and issue I I bonds for such purpose) 1 not exceeding $500,0001 NO I and levy a tax annually) upon the taxable prop -1 I erty in said City of Da- buque not exceeding one mill per annum for the payment of such bonds and the interest thereon? (Back of Ballot) Official Ballot for Fire Station Bond Proposition Special Municipal Election, Dubuque, Iowa ................................................. 1967. ............................................Precinct (Facsimile Signature) ............................................................ City Clerk For said election the City shall be divided into sixteen election Precincts, the boundaries of which shall be as delimited by Ordinances Numbered 7-52, 37-56, 67-60, 54-61, 20.62, 21-62, 22.62, 7.63, 33.64. 34.64, 35-64, 4-67, 5-67, 6-67, and 7.67 and 39-67 of said City. The polls shall be kept open from seven o'clock in the morning until eight o'clock in the evening, and the polling places within the respective election pre. cincts shall be as follows: Precincts Polling Places First—Bryant School, 1280 Rush Street Second — Washington Jr. High School, 51 N. Grandview Avenue Third—Franklin School, 39 Bluff Street Fourth—County Court House, 7th & Central Avenue Fifth—Lincoln School, 1101 W. 5th Street Sixth—No. 4 Fire Station, Univer- sity & Atlantic Streets Seventh --City Hall, 13th & Central Avenue Eighth—Public Library, 11th & Bluff Street Ninth—Fire Station, 18th & Cen. tral Avenue Tenth—Board of Education Build- ing 1500 Locust Street Eleventh — Ragatz Drug Store Building, 20th & Central Avenue Twelfth—Fulton School, 2540 Cen- tral Avenue Thirteenth — Holy Ghost School, 2901 Central Avenue Fourteenth --Audubon School, 535 Lincoln Avenue Fifteenth — Marshall School, 1450 Rhomberg Avenue Sixteenth — Irving School, 2520 Pennsylvania Avenue All qualified voters of said City are hereby notified to appear at said election, each to vote at the polling place for the election pre- cinct in which such voter resides. This notice is given by order of the City Council of the City of Dubuque pursuant to Section 407.8 of the Code of Iowa. DATED at Dubuque, Iowa, this 23rd day of August. 1967. Richard Ludwig. Mayor of the City of Dubuque, Iowa Attest: Leo F. Frommelt, City Clerk Section 4. That at said election separate ballots shall be used for the aforesaid proposition and same shall be prepared on yellow color- ed paper in substantially the follow- ing form, and with the facsimile signature of the City Clerk in the space provided therefor on the back of the ballots: (Face of Ballot) (Notice to Voters: For an affirma- tive vote upon the question sub- mitted upon this ballot make a cross (X) mark or check (10 in the square after the word "Yes." For a negative vote make a similar mark in the square following the word "No.") SHALL THE FOLLOWING PUBLIC MEASURE BE ADOPTED? Shall the City of Dubu- que, Iowa, construct a new fire station at the corner of 9th Street and Central Avenue int I said City and contract) YES I indebtedness for such) I purpose not exceeding) 1 $500,000 and issue I I bonds for such purposel I not exceeding $500,0001 NO I and levy a tax annual -I I ly upon the taxable I 1 property in said City of Dubuque not exceed. ing one mill per annum Special Session, August 23, 198; 411 for the payment of such bonds and the interest thereon" (Back of Ballot) official Ballot for Fire Station Sta- tion Bond Proposition. Special Municipal Election, Du- buque, Iowa 1967............................ ............... ....... Precinct (Facsimile Signature) City Clerk Section S. That for said election the Judges and Clerks of election in the respective election precincts shall be as follows: Election Precinct First Precinct: Judges — Vivian White, Grace Tigges, Veturia Ruden Clerks—Louise Rafoth, Ann Cody Second Precinct: Judges—Elsie L. Gill. Dorothy Kline, Helen Sisler Clerks—Elizabeth Welter, Betty Phillips Third Precinct: Judges — Viola Rettenmeier, Mary Greener, Eunice Kilby Clerks—Edna Wunderlich, Anna Kingsley Fourth Precinct: Judges --Laura Barry, Kay Me Evoy, Rose Beddow Clerks — Emma Osborn, Lurille Hantelmann Fifth Precinct: Judges—Nary Scholfield, Betty Vogel, Jane Siegert Clerks — Florence Willoughby, Mary J. Nebel Sixth Precinct: Judges—Mildred Cords, Frances Ragatz, Dorothy Blum. Clerks—Grace Stevens, Dorothea Green Seventh Precinct: Judges—Veronica Melssen, Hul- da Lucas, Joan Sheldon Clerks --- Clara Bollinger, Mary Clemens Eighth Precinct: Judges: Ann Gavin, Ann Hub- bard, LVOta Kuntz Clerk."ane Fuhrman, Julaine Sweeney Ninth Precinct: Judges—Emma Binz, Irene Kel- ly, Kathleen Kruse Clerks --- Helen Jestel, Carole Tracy Tenth Precinct: Judges Joanne Smith, Lydia Naught, Ann Haupert Clerks—Nary Behr, Lillian Fett- kether Eleventh Precinct: Judges—Alice Skinner, Eleanor Pfiffner, Veruna Huseman Clerks — Linda Grashorn, Mary Clark Twelfth Precinct: Judges—Villard Wimmer, Ther. est Hubert, Pearl Sartor Clerks --Viola Meyers, Ida Jones Thirteenth Precinct: .Judges—Veronica Schueller, Ma. rie Welu, Mabel Essman Clerks — John Sturman, Freda Foci] Fourteenth Precinct: Judges — Grace Sitterly, Gladys ,Jansen, Lucille Murphy Clerks -_ Loretta McAndrews, Amanda Milhus Fifteenth Precinct: Judges—Mary Burdt, Helen Pa. pa, Viola Sjobakken Clerks—Gertrude Ihreke, Leona Jochum Sixteenth Precinct: Judges — Cindy Connery, Ethel Hostetter, Helen Schetgen Clerks—Wilma Beckwith, Marge Kersch Seeion 6. That upon the closing of the polls for said election the judges and clerks therefor shall file reports of the results on said proposition with the City Clerk, in order that such results may be canvassed and officially declared by this Council. Section 7. That this City Council shall meet on the next (secular) day of said election at the Council Chambers in the City Hall within said City at 4:30 o'clock P.M., to canvass and declare the results of said election. Section 6. That this resolution be in force and effect immediately upon its passage and approval. Passed and approved August 23rd, 1967. Richard Ludwig Mayor Attest: Leo F. Frommelt City Clerk Recorded August 23rd, 1967. Leo F. Frommelt City Clerk Councilman Pregler moved adop tion of the resolution. Seconded by Councilman Pfohl. Carried by the following vote: 412 Special Session. Auptst 13, 1967 Yeas — Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. Nays—None. RESOLUTION NO, 25467 Resolution providing for the ad- vertisement of $190,000 Fire Sta- tion Bonds. WHEREAS at an election duly and legally called and held on the 21st day of February, 1967, over sixty per cent of the qualified elec- tors of the City of Dubuque, Iowa, voting thereon approved the pro- position of constructing a new fire station on John F. Kennedy Road in said City and the contracting of indebtedness and issuance of bonds for such purpose in the sum of $190,000, and authorizing the levy of an annual tax not exceed- ing one-half of one mill for the payment of the bonds and the inter- est thereon, and WHEREAS it is contemplated that said bonds be dated Septem- ber 1, 1967, with interest payable June 1, 1968, and semi-annually thereafter, and to mature in nu. merical order $15,000 on December 1 of each of the years 1970 and 1971, $25,000 on December 1 of each of the years 1972 to 1976, in- clusive and $35,000 on December 1. 1977, and it is necessary that said bonds be advertised and sold at this time; NOW, THEREFORE, Be It and It Is Hereby Resolved by the City Council of the City of Dubuque, Iowa, as follows: Section 1. That Fire Station Bonds of said City in the amount Of $190,000, to be dated Septem- ber 1, 1967, and maturing as set forth in the preamble hereof, be advertised for sale and bids be requested for action thereon by the City Council of said City at the Council Chambers in the City Hall in said City at 12:00 o'clock Noon, Central Daylight Saving Time, on the 18th day of September, 1967, and that the City Clerk be and he is hereby authorized and direct- ed to publish notice of such sale once each week for at least two consecutive weeks in the Tele- graph -Herald a newspaper publish- ed and having a general circula. tion in Dubuque County, Iowa, such advertisement to be in the form cutomarily employed for that pur- pose. S*ction 2. That all prior resolu. tions or orders in so far as same may be in conflict herewith be and the same are hereby repealed. Passed and approved August 23rd, 1967. Richard Ludwig, Mayor Attest: Leo F. Frommelt, City Clerk NOTICE OF SALE $190,000 FIRE STATION BONDS CITY OF DUBUQUE, IOWA Scaled bids will be received until 12:00 o'clock Noon, Central Day. light Saving Time, on the 18th day of September, 1967, at the office of the City Clerk in the City Hall, Dubuque, Iowa, for the purchase Of $190,000 Fire Station Bonds of the City of Dubuque, Iowa, at which time they will be referred to the City Council of said City at its meeting to be then held at the Council Chambers in the City Nall of said City. Open bidding will be concluded not later than 1:00 o'clock P.M.. after which the sealed bids will be publicly opened and the bonds will be sold to the high- est bidder for cash. Sealed bids will be fully protected. Said bonds will be dated Sep. tember 1, 1967, bear interest pay- able June 1, 1968, and semiannual. ly thereafter, and will mature in numerical order $15,000 on Decem- ber 1 of each of the years 1970 and 1971, $25,000 on December 1 of each of the years 1972 to 1976, in. clusive, and $35,000 on December 1, 1977. None of said bonds will be optional for redemption prior to maturity. Bonds will be coupon bonds in the denomination of $5.000 each, payable at the office of the City Treasurer, Dubuque, Iowa, and registrable as to princi. Pal only. Each bid must be sub- mitted on the official bid form for all of said bonds upon terms of not less than par and accrued interest and shall specify the interest rate or rates in a multiple of one-quart- er or one-tenth of one per cent, provided that only one rate shall be specified for a single maturity and not more than two rates may be named for the issue. Repeating a previously mentioned rate will not constitute an additional inter. est rate. Each installment of inter- est will be represented by a single Special Session, August 2.3, 1967 413 coupon on each bond. No coupon rate shall exceed five per cent (5%) per annum. The bonds will be awarded to the best bidder determined upon the basis of the lowest total interest cost at the rate or rates designated in his bid from September 1, 1967, to the respective final maturity dates, after deducting any premium. These bonds are being issued pursuant to the provisions of Chap- ter 407 of the Code of Iowa for the purpose of constructing a new fire station on John F. Kennedy Road in said City and are payable from the proceeds of the annual levy of a voted tax not exceeding one-half of one mill per annum upon all the taxable property in said City as approved by the voters at an elec- tion held in said City on February 21, 1967. Delivery is expected with- in thirty (30) days after the sale at any mutually agreeable bank or trust company in the City of Chi- cago, Illinois, Dubuque, Iowa, or Des Moines, Iowa, without expense to the purchaser. Should delivery be delayed beyond sixty days from the date of sale for any reason ex- cept failure of performance by the purchaser, the City may cancel the award or the purchaser may with- draw his check and thereafter his interest in and liability for the bonds will cease. The City will furnish the print- ed bonds and the approving opin- ion of Messrs. Chapman and Cutler, Lawyers, Chicago, Illinois together with the transcript and usual clos- ing papers, including customary non -litigation certificate, and all bids may be so conditioned. Said opinion will be printed on the bonds, if requested by the purch- aser, and will recite that, based on current rulings and official inter- pretations, the interest on the bonds is exempt from present fed- eral income taxes. Each bidder must furnish a certified or cash- ier's check drawn on a solvent state or national bank or trust company for $3800 payable to the order of the City Treasurer as a guarantee of good faith, this amount to be retained pending full performance by the successful bidder and to be forfeited to the City as agreed liquidated damages Upon failure to take up and pay for the bonds when ready. 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 State. ment, contai-ning pertinent infor. mation relative to the City. For copies of that Statement and the Official Bid Form, or for any ad- ditional information, prospective purchasers are referred to the un- dersigned at the City Hall, Du- buque, Iowa, or the Municipal Fi- nance Consultants of the City, Paul D. Speer & Associates, Inc., 20 North Wacker Drive, Chicago, Illinois 60606. Telephone Area 312, FInancial 6-0858. By order of the City Council, of the City of Dubuque, Iowa. Leo F. Frommelt, City Clerk Dated August 23rd, 1967. Councilman Pfohl moved adop- tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas —Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None. RESOLUTION NO. 255.67 WHEREAS, on the 14th day of July, 1967, Bartels, McMahan & LeMay Engineering Co. prepared a plat of the southerly one-half of the vacated alley abutting Lot 10, 11, 12, 13, 14, 15, 16, 17, and Lot 2 of Lot 18, Lot 2 of Lot 19 and Lot 2 of Lot 20, each in Block 19, Dubuque Harbor Improvement Co.'s Addition, Dubuque, Iowa, which shall hereafter known and described as "Lot B, Block 19, Du- buque Harbor Improvement Co. Addition to Dubuque, Iowa"; and WHEREAS, City Council exam- ined said plat and find the same conforms to the laws and regula- tions pertaining thereto and same should be approved. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the plat of Lot B, Block 19, Dubuque Harbor Im- provement Co.'s Addition, Dubu- que, Iowa, be and the same is here by approved and the Mayor and City Clerk be and they are hereby authorized and empowered to exe- cute the same for and on behalf of the City of Dubuque, lowa. 414 Special Session, August 23, 1967 Passed, adopted and approved this 23rd day of August, 1967. Richard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler Councilmen Attest: Leo F. Frommelt, City Clerk Mayor Ludwig moved adoption of the resolution. Seconded by Councilman Pfohl. Carried by the following vote: Yeas — Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None. RESOLUTION NO. 256.67 WHEREAS, the estate of Leona L. Voggenthaler has filed a writ- ten application to the City Council for conveyance to said estate of a portion of the alley abutting the property owned by the estate all located in Block 19, Dubuque Har- bor Improvement Co. Addition in the City of Dubuque, Iowa, which shall hereafter be known and de. scribed as Lot B, Block 19 in Du- buque Harbor Improvement Co. Ad. dition in the City of Dubuque, Iowa; and WHEREAS, said alley was vacat. ed by the City Council of the City of Dubuque, Iowa, in 1917 and the use thereof granted to the owners of property abutting thereon; and WHEREAS, the petitioner re- quests that the City of Dubuque, Iowa, execute and deliver a Quit Claim Deed to said real estate. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF CITY OF DUBUQUE, IOWA: Section 1. That the conveyance to the estate of Leona L. Voggen- thaler of the property owned by said estate located in Block 19, Dubuque Harbor Improvement Co. Addition in the City of Dubuque, Iowa, abutting a portion of an al. ley heretofore vacated by the City Of Dubuque, Iowa, and which has been platted and shall hereafter be known and described as I.ot B. Block 19, Dubuque Harbor Improve. ment Co. Addition in the City 01 - Dubuque, Iowa, be and the same is hereby approved. Section 2. That the Mayor and City Clerk be and they are hereby authorized and directed to execute a Quit Claim Deed conveying said real estate unto the estate of Leona L. Voggenthaler, deceased, and that any expense connected herewith such as recording fees be paid by said petitioner. Section 3. That the City Clerk be and he is hereby directed to file a certified copy of this Reso- lution in the office of the Dubuque County Recorder and in the office of the Dubuque City Assessor. Passed, adopted and approved this 23rd day of August, 1967, Richard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler 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 Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None, RESOLUTION NO. 25747 BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the following having complied with the provisions of law relating to the sale of Ciga. rettes within the City of Dubuque, Iowa, be granted a permit to sell Cigarettes and Cigarette Papers within said City. Ramona Rucker, 1828 Central Ave. nue BE IT FURTHER RESOLVED that the bonds filed with the ap- plication be approved. Passed, adopted and approved this 23rd day of August, 1967. Richard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler Attest: Councilmen Leo F. Frommelt City Clerk Councilman Pregler moved adop- ion of the resolution. Seconded by ;ouncilman Pfohl. Carried by the ollowing vote: Special Session, August 2.3, 1967 415 Yeas -- Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. Nays—None. RESOLUTION NO. 258-67 WHEREAS, applications for Beer Permits have been submitted to this Council for approval and the same have been examined: NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the following applica- tions be granted and licenses be issued upon the compliance with the terms of the ordinances of the City. CLASS "B" BEER PERMIT PRIVATE CLUB V. F. W. Gerald Winter Post 9663, 521 East 22nd Street (Effective Sept. 1, 1967.) CLASS "B" BEER PERMIT Ramona May Rucker, 1828 Central Avenue Riverside Bowl, Inc., 1860 Haw- thorne Street Passed, adopted and approved this 23rd day of August, 1967. Richard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler Councilmen Attest: I.eo F. Frommelt City Clerk Councilman Pfohl moved adop- tion of the resolution. Seconded by Councilman McCauley. Carried by the following vote: Yeas — Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. Nays—None. RESOLUTION NO. 259-67 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 PRIVATE CLUB V.F.W. Gerald Winter Post 9663, 521 East 22nd Street (Effective Sept. 1, 1967,) CLASS "B" BEER PERMIT Ramona May Rucker, 1828 Central Avenue Riverside Bowl, Inc., 1860 Haw. thorne 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 23rd day of August, 1967. Richard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler Councilmen Attest: Leo F. Frommelt City Clerk Mayor Ludwig moved adoption of the resolution. Seconded by Councilman McCauley. Carried by the following vote: Yeas — Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. Nays—None. RESOLUTION NO. 26067 WHEREAS, applications for Liq- uor Permits have been submitted to this Council for approval and the same have been examined, NOW THEREFORE BE IT RE- SOLVED, by the City Council of the City of Dubuque, Iowa, that the following applications be granted and licenses, issued upon the com- pliance with the terms of the IOWA LIQUOR CONTROL ACT— CHAPTER 123—as amended by the. 60th General Assembly, 1963. CLASS "C" COMMERCIAL ESTABLISHMENT V.F.W. Gerald Winter Post 9663 (Effective Sept. 1, 1967.), 521 East 22nd Street Passed, adopted and approved this 23rd day of August, 1967. Richard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler Councilmen Attest: Leo F. Frommelt, City Clerk 416 Special Session, August 23, 1967 Councilman Pregler moved adop- tion of the resolution. Seconded by Mayor Ludwig. Carried by the fol- lowing vote: Yeas — Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None. RESOLUTION NO. 261.67 `' " WHEREAS, applications for Liq- uor Permits were filed by the with, in named applicants and they have received the approval of this Coun- cil, and WHEREAS, the premises to be occupied by such applicants were inspected and found to comply with the Staie Law and all Cit} ordinances relevant thereto and they have filed proper bonds: NOW THEREFORE BE IT RE- SOLVED by the City Council of Dubuque. Iowa, that the Manager be authorized to cause ;o be is- sued to the following named appli- cants a Liquor Permit. CLASS "C" COMMERCIAL ESTABLISHMENT V.F.W. Gerald Winter Post 9663, (Effective Sept. 1, 1967.), 521 East 22nd Street Passed, this 23rd adopted and approved day of August, 1967. Richard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler Councilmen Attest: Leo F. Frommelt, City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Mayor Ludwig. Carried by the following vote: Yeas — Mayor Ludwig, Council. men McCauley, Schultz. pfohl, Pregler, Nays --None. There being no further business Councilmen McCauley moved to ad- journ. Seconded by Mayor Ludwig. Carried by the following vote: Yeas — Mayor Ludwig, Council- men McCauley, Pfohl, Schultz. Pregler, Nays.—None. Leo F. Frommelt, City Clerk. Approved QC.tOber 23.x..19.0 Adopted OCtObB7' 2,�, 1967 C un lmen Attest: .............................. City Clerk Lc ) -WOL Regular Session, September 4, - I887 417 (ITY COUNCIL OFFICIAL Regular Session, September 4, 1967. No members of the City Council being present upon roll call the m&*eting was postponed subject to call. Approved jj@x.%1A#r.Y .... 15 .... 19.. ......................................... I 418 Adjourned Regular Session, Septem1x-r 5, 1961; CITY COUNCIL OFFICIAL Adjourned regular session Sep. tember 5, 1967. Council met at 7:30 P.M. (D.S.T.) Present—Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. City Manager, Gilbert D. Chavenelle. Mayor Ludwig read the call and stated that service thereof had been duly made and this meeting is an adjourned meeting of the regular meeting of September 4, 1967, called for the purpose of acting upon such business as may properly come before the meeting. Communication of Iowa State Department of health submitting mineral reports of the City's water supply, presented and read. Councilman Pregler moved that the reports be submitted to the Water Department. Seconded by Councilman McCauley. Carried by the following vote: Yeas—Mayor Ludwig, Council. men McCauley, Pfohl, Pregler, Schultz. Nays—None. Communication of Iowa State Department of health advising re- ceipt of a complaint submitted by Victor Link of 2820 Burden Ave. relative to condition of premises adjacent to his. In view of the fact that the Housing h. spector is in touch with the of. fending situation Councilman Pfohl moved that the communi. cation be received and filed. Sec• onded by Councilman Pregler. Car. ried by the following vote: Yeas—Mayor Ludwig, Council. ►nen McCauley, Pfohl, Pregler, Schultz. Nays—None. To the honorable M yor22, 1967 and City Council Gentlemen: I am returning to you the peti. tion of Mr. E. G. Weichel request. ing information about the pur- chase of a portion of a City'-Ownedlot on Southern Avenge and abutting number 737 English Lane. 1 am enclosing a plat which shows the location and the ease_ menu across the City lots. Also, enclosed is a second plat which illustrates possible future devel. opment in the area. The location has been viewed by the Park. Recreation, Planning, and Engineering staff people. From their reports the following appears to be the situation: 1. The City must retain consid- erable easements across the lot in question. 2. If the lot is sold, it should be entirely disposed or rather than only the requested por. tion of a few hundred square feet. 3. The property does not have a present use as a park or rec- reation lot. 4. There is considerable unde. veloped area southwesterly of the City property which may develop as a residential or recreation location. 5. It is planned to extend the storm sewer southwesterly in the near future. Although the City does not have an immediate use of the City lot, except for casements, it is rec. ommended that it is not disposed of until the southwesterly area is developed and the storm sewer is constructed. It may be required as a future entryway to the south. west. I request that the petitioner be so informed. Respectfully, Gilbert D. Chavenelle City Manager Councilman Pregler moved that the communication be received and filed. Seconded by Council- man Schultz. Carried by the fol- lowing vote: Yeas—Mayor Ludwig, Council. men McCauley, Pfohl, Pregler, Schultz. Nays --None. Councilman Pregler f u r t h e r moved that the Manager inform the petitioner of the action tak. en. Seconded by Councilman Mc. Cauley. Carried by the following vote: Yeas --Mayor Ludwig, Council. men McCauley, Pfohl, Pregler, Schultz. Nays—.None. Adjotirned Regular Session, September 5, 1967 419 August 24, 1967 To the Honorable Mayor and City Council Gentlemen: I herewith submit the reports of the City Treasurer, City Water Department, and City Auditor, as well as a list of claims and pay- rolls for which warrants were is- sued for the month of July, 1967. Respectfully, Gilbert D. Chavenelle City Manager Councilman Pfohl moved that the reports be received and filed. Seconded by Councilman Schultz. Carried by the following vote: Yeas—Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None. Proof of Publication, certified to by the Publisher, of statement of receipts and a list of claims for which warrants were issued during the month of July, 1967, presented and read. Councilman. Pregler moved that the proof of publication be received and filed. Seconded by Council- man Schultz. Carried by the fol- lowing vote: Yeas—Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays ---None. August 16, 1967 To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen: During the past year many com- plaints have been received regard- inx the condition of a building and premises located at 1501 Elm Street. 1 directed the various City De- partments to make a complete in- bpection of the premises. This in- spection was made April 12, 1967, and following is the report: June 26, 1967 Dir. Delbert A. Bowden 410 North Harvard Villa Park, Illinois Mr. and Mrs. Charles Fenley 2767 Carlton Street Dubuque, Iowa Legally known as. Lot i of S S% of Lot 1147 Fast Dubuque Addition To whom it may concern: On April 12, 1967, an inspection WAS conducted at 1501 and 1501!^a Elm Street, Dubuque, Iowa. This inspection revealed the following deficiencies: I. Badly leaking, gas water heat- er with newspaper being used 10. to form a vent pipe. Gases were spilling into the house. 2. Improperly installed gas fur. nace. 3. Bathroom floor extremely 12. warped and sagged with sag. ging inoperable windows. 4. Sagging deteriorated dilapi- dated frames and sash. 5. Floor joists are sagged, and deteriorated with insects. 6. Roofing is cracked and bad. ly decomposed. Leaking gut- ters and missing downspouts. 7. Siding is loose, sagging and some missing. 8. Basement stair is deteriorated and has dangerous loose tread. 9. Exterior stairs in the rear has no hand rail and the second floor deck has rails which afford little protection. 10. Attic is littered with inflam- mable debris. 11. Bed rooms are small and do not conform with minimum space requirements. 12. Rear sidewalk is badly cracked and settled permit- ting drain water to run into the basement. 13. Partially filled and partially covered cistern in the rear card. The general condition is due to lack of maintenance, general re- pairs ocer the years has allowed this building to become a nuisance and a blight to the general neigh- borhood and a fire hazard to the adjoining properties. Because of the above listed con- ditions it is our responsibility to order the premises vacated in thirty (30) days and take steps necessary for the removal of the structure in the next sixty days upon receipt of this order. Sincerely, Arthur Nagel Housing Department City of Dubuque After receiving this report, 1 personally inspected the premis- es. As a result of this inspection 420 Adjourned Regular Session. September 5, 1%7 on August 1, 1967, I prepared the following notice: NOTICE Delbert A. Bowden 410 North Harvard Villa Park, Illinois Mr. and Mrs. Charles Fenley 2767 Carlton Street Dubuque, Iowa Dear Madam and Sirs: I have inspected the exterior of the building as 1501 and 15011,'z Elm Street and located on Lot 1 of S. '.i of Lot 147 East Dubuque Addition and find the conditions as they have been reported to me by the Housing Inspector and Fire Marshall substantially correct. A copy of whose report is here• by attached and by reference made a part hereof. According to City Ordinance No. 35.52, you are hereby given ten days notice to correct the danger- ous conditions as described in the attached report or dismantle the building. Yours very truly, Gilbert D. Chavenelle City Manager City of Dubuque This notice has not been com- plied with and I recommend to the City Council that the provisions of Ordinance No. 35-52 be enforced, and that the owner of said build• ing located at 1501 Elm Street, and being on Lot 1 of South V, Of Lot 147 East Dubuque Addi• tion in the City of Dubuque, Iowa, owned by Mr. Delbert A. Bowden, 410 North Harvard, Villa Park, Illinois be required to dismantle the building and clean up the. premises. Respectfully submitted, Gilbert D. Chavenelle City Manager City of Dubuque, Iowa Councilman Pregler moved ap- proval of the recommendation and that a public hearing be set for October 2, 1967, in the Council Chamber at the City Hall at 7:30 P.M. Seconded by Councilman Schultz. Carried by the following vote: Yeas—Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays --None. Mayor Ludwig moved that the rule be suspended in order to let anyone present address the Coun- cil if they so desire. Seconded by Councilman Schultz. Carried by the following vote: Yeas—Mayor Ludwig, Council. men McCauley. Pfohl, Pregler, Schultz. Nays—None. Attorney Leo McCarthy addressed the Council in behalf of Mr. Ming Wong of 230 Main Street, relative to dismantling of Mr. Wong's pro. perty. Mr McCarthy advised that the business of Mr. Wong has been closed since August 2, 1967 to eliminate any hazard as to enter- ing the building. It would cost approximately $20,000 to reduce the present structure to a one story building. Up to the present time they have been unable to reach agreement as to a comnnon wall, with the abutting property owner, and therefore would re- quest additional time for disposi- tion of the matter. Councilman Pfohl moved that Mr. Wong be granted an additional thirty days, up to October 5, 1967, to comply with the Ordinance of dismantling or cleaning up the premises. Seconded by Council- man Schultz. Carried by the fol- lowing vote: Yeas—Mayor Ludwig, Council men McCauley. Pfohl, Pregler, Schultz Nays—None. August 21, 1967 To the Honorable Mayor and City Council Gentlemen: I submit to you the audit re- port of the records of the City for the fiscal year, 1966, by Cer- tified Public Accountants O'Con• nor, Brooks. Ahrendt and Brooks. Respectfully, Gilbert D. Chavenelle City Manager Councilman Pregler moved that the report be received and filed. Seconded by Council Pfohl. Car- ried by the following vote: Yeas--Alayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz, Nays—None. September 1, 1967 Honorable Mayor and Members of the City Council Gentlemen: I hereby submit the Acturial Re- port. of the Police and Fire Re. tirement System for the City as -•w Adlournc•d Regular Session. September 5, 196, 421 of December 31, 1966, as compiled by Haight, Davis and Haight Inc., consulting actuaries. Respectfully submitted, Gilbert D. Chavenelle City Manager councilman Pregler moved that the report be received and filed. Seconded by Mayor Ludwig. Car- ried by the following vote: leas—Mayor Ludwig, Council- men McCauley, Pfohl, Pregler. Schultz. Nays—None. August 29, 1967 To the honorable Mayor and City Council Gentlemen: I am forwarding you a petition from the Thermolyne Corporation for the transfer of three pieces of City property. I am also enclos- ing a sketch plat prepared by the Engineering Department which il• lustrates the request. 1 have also sent copies of the petition and sketch to the City Engineer, the City Planning Com- mission and the Dock Commission requesting that they be prepared to advise on the matter. I recommend that the petition be referred to the Dock Commis- sion. Respectfully, Gilbert D. Chavenelle City Manager Mayor Ludwig moved approval of the recommendation. Seconded by Councilman Pregler. Carried by the following vote: Yeas --Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays --None. August 31, 1967 To the Honorable Mayor and City Council Gentlemen: I have received an application from Mr. Lyle Kopp for a dance hall license for the premises at 395 Main Street. 11 is intended to operate a "Teen -Age" Club. Dances will be held Friday and Saturday nights and other nights on special occasions. I will issue the license subject to inspection and recommendation Of the health, Building and Fire Departments, and in conjunction with a special agreement made with the licensee according to the attached list of general rules. .V�, I request that the Council af. firm the issuance of the license. Respectfully requested. Gilbert D. Chavenelle City Manager Councilman Pregler moved ap- proval of the Manager's action. Seconded by Councilman Schultz. Carried by the following vote: Yeas—Mayor Ludwig, Council. men McCauley, Pfohl, Pregler, Schultz. Nays—None. Mr. Lyle Kopp addressed the Council by assuring them that he will do all in his power to run an orderly establishment. September 5, 1967 To the Honorable Mayor and City Council, Gentlemen: This is to advise that I have approved the following bonds and desire to have your approval on same. SIDEWALK Elroy J. Hinz d/b/a, Elroy J. Hinz Construction Co.—Western Sure- ty Company. Richard Magnall—Insurance Com- pany of North America. Mph A. Reisen--American States Insurance Company. Stark Strub — Merchants Mutual Bonding Company. Respectfully, Gilbert D. Chavenelle City Manager Councilman Pregler moved that the bonds be filed subject to ap- proval of the City Solicitor. Sec- onded by Councilman Schultz. Car- ried by the following vote: fess ---Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None. September 5, 1967 To the Honorable Mayor and City Council Gentlemen: I request permission to attend the annual meeting of the Inter- national City Managers' Associa- tion to be held October 7-11 in New Orleans. Louisiana. Respectfully requested, Gilbert D. Chavenelle City Manager Councilman Schultz moved ap proval Manager's request. Setondedd byy Councilman Pregler— Carried by the following vote: 422 Adjourned Regular Session, September 5, 1%7 Yeas — Mayor Ludwig, Coun• cilmen McCauley, Pfohl. Pregler, Schultz. Nays—None. September 5, 1967 To the Honorable Mayor and City Council, Gentlemen: This is to advise that I have ap- proved the following bond and pol- icy and desire to have your ap- proval on same. PERFORMANCE BOND H & B American Corporation, H & B Communications Corporation, a Div'.sion of H & B American Corp., United States Fidelity and Guaranty Co. COMPREHENSIVE LIABILITY Adrian C. Swift, d/b/a Swift Plumbing and Heating Company and Swift Plumbing and Heat- ing Co. (A Corp.), The Aetna Cas. ualty and Surety Co. Respectfully, Gilbert D. Chavenelle, City Manager Councilman Pregler moved that the bond and policy be filed sub- ject to approval of the City Solici- tor. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz, Nays—None. September 5, 1967 To the Honorable Mayor and City Council Gentlemen: Chapter 160 of the Acts of the 62nd General Assembly requires a graduated fee for a Class ,C" mit. per - The law provides that the gradu- ation of the fee shall be based on the relative volume of beer sales to the permit holders. The fee cannot be less than $50.00 nor greater than the charge for a Class «B" permit. It is our intention that Ordi. nance No. 43.53 be amended to provide for Class "C" permits: 1. Those selling 3000 cases of beer or more .............. $200.00 2. Those selling more than 1000 and less than 3000 cases of beer .................. $125.00 3. Those selling 10(70 or less cases of beer .......... $ 50.00 4. That prior to the issu- ance of a Class "C" Beer Permit the applicant must certify the volume of business regarding the selling of beer for the preceding 12 months. It is our intention that the amendment be brought before the Council for consideration during the latter part of September so that the new regulation would be effective October 1st. It is requested that this matter be referred to the City Manager and City Solicitor so that proper proceedings can be drawn for Your consideration. Respectfully requested, Gilbert D. Chavenelle City Manager Councilman Pregler moved ap- proval of the City Manager's rec- ommendation. Seconded by Mayor Ludwig. Carried by the following vote: Yeas — Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. Nays—None. August 28, 1967 Honorable Mayor and Council Members Gentlemen: The City Planning and Zoning Commission has reviewed a request by the Dubuque Community School District to have certain streets and easements vacated in Mettel-Link Subdivision. At the time that the streets and easements were dedicated, it was anticipated that this area would be developed for single family resi. dences. Since that time the School District has purchased the area and proposed to develop it for a school site. Because of this new use, the streets and easements do not serve the use that was in- tended for them. The School District owns all property abutting the streets which are proposed to be vacated. It is the recommendation of the Commission that the streets be va. cated as requested. The easements in question were laid out for utilities designed to serve the residential properties. It is the recommendation of the Commission that the easements be abandoned provided that any new -w Adpurved liegidar St'%siOn, easements that might be needed ; September 5, ITT 423 time set for the public hearing. because of a change in use be Mayor Ludwig moved that the granted. proof of publication be received Respectfully submitted, and filed. Seconded by Councilman City Planning and Pregler. Carried by the following Zoning Commission vote: Don Gilson, Director Yeas — Mayor Ludwig, Coun. of Planning cilmen McCauley, Pfohl, Pregler, Councilman Pfohl moved that Schultz. the recommendation be referred to Nays—None. the City Solicitor for proper pro- ORDINANCE NO. 45.67 cedure according to reeommenda- An Ordinance vacatingthat r. tion of the Planning & Zoning tion of Washington Sreet lying Commission. Seconded by Mayor between Tenth Street and Elev. Ludwig. Carried by the following enth Street in the City of Du• vote: buque, Iowa, Yeas — Mayor Ludwig. Coun- presented for final adoption, said cilmen McCauley, Wahl, Pregler. (ordinance having been previously Schultz. read and passed at the Council Nays—None. meeting of August 14, 1967. Notice of claim of Donald ,1. Temperly of Galena. Ill., in th(' 47 NANCE NCE N0. 4ST AN OR INANCE VAS THAT POR- amount of $22.12 for car damage TION F WASHINGTON STREET LY- IN E D BEE TWEE TENTH STTT tl AND received while a patron at the 8th ELJVSNEH IOWA.ET 1N THE CITY OF E street parking ramp on August 25, WHEREAS Caradco, Inc. has pet- 1967, presented and read. Coun• i+ootid the as ngton to vacate that portion at Washington Stleet IyinQ be cilman Pregler moved that the no. lween Tenth Strset and Eleventh Street in to CifYY of Dubuoue. Iowa and tice of claim be referred to the WH REAS, the Plannlflg and Zoning Iowa, City Solicitor for investigation and Commission 01 the City of DuououG has recommended the vacation of said report. Seconded by Councilman ort to the conditions herein eller seett fort"; and after McCauley. Carried by the. following WHEREAS, the City Council of toe City Dubu ue. Iowa hes determined that Vote: of at Pohl on 01 yea hfngton Street lying Siree Eleventh Street Yeas — Mayor Ludwig. Coun- between entn and ,n the City of Oubuq e. Iowa, is no cilmen McCauley, Pfohl, Pregler, ^neer ^sped for ogmYc purposes, and that the C Iv of Public hes an ease- In SC11U1tZ. meril therein for public purposes and which street there are located various None. Nays— �Orle. Publl` y1 I T M: and WitENMI Caradco, Inc. proposes to Notice Of claim oflose h T. Fel• p erect cerialn improvements upon that portion of W In ton Sirpet vine be- �freet Eleventh Street ton, in the amount of $13.79, for tween Tenth and In the CIiv Of Dubuque, Iowa, the loca- shown car damage received as the result tion of Which improvements are the attached drawing prepared by of being struck by a fire truck on Holtzman Construction So.. and dated the 14th div of August, 1% . which drawing while parked at 179(1 Keyway Drive {s marked Exhibit 'A" and by reference hereof as though fUlly set aO on August 24, 1967, presented And Pregler moved mile �y0cgnon 01 Wleieng.t "E5; end to Eleventh read. Councilman that the notice of Claim be re Ion S�rR1EAs Ion S relit from !n treat reef n the City o1 Dubuque. Iowa. rlhoDe app oved bleat to the follow- to the City Solicitor for in .'dferred Inerms and ecu. Inc, 1. That Caradco. Inc. Brent unto City vestigation and report. Seconded of Dubuque lows, a perpefuel right and in and f that Port IOD f In by Councilman McCauley. Carried easement Washington Sbeet IV Yn between Te $�reet in airy b the following vote: y g $trret dna Elevemn oma of Dubhell or entteer- Yeas — Mayor Ludwig Coun cilmen McCauley. Pfohl, Pregler, be0for I e rooset ing thereon antl egress therefrom for the purypses OI mal ing rapdir�( Ins at or the uti ties l0catea Schultz. Nays—None, and ltnl^Hence Ih4rel"' T. The, Cared, Inc, undertak4 and agree co l0 P the cos s of ally additional to a City of Dubuque occasion. Proof of Publication, certified to expense ed by the enation, construction and to cellon of said ImprOyvements on va afed bettWeelt Deena by the Publisher, of notice of pub- was ri ingtora street lhi0 lie hearing to conbider Ordinance agreed between the City of Dubuque and Cared o. Inc. that access, to Portign 01 No. 45447 being an ordinance va- Washington the u,Stitles p ateeeqqd inppWgshlniton Sir 1 be o� n of thee pr l . eating that portion of 911Ilre the local Thereby axis nu ,Street lying between Tenth Street S � mprppyyanwnt thereon Me Cifr ul Dubuque to greeter expense It is necessary to reach the and Eleventh Street in the City of In the event same for purposees of inspection, main Dubuque, Iowa, presented and ienanG♦ arhd 7. That Caradco Inc. shall hold the read. City of Dubuque, lowqq, free and harm• resulting No written objections were filed less Ir m any claim wtiats0ever from the faaure of any utilities owned condition resulting and no oral objectors Were present by the Clty or any from fpe location end le cit Of 01 by ttIn city o Du- in the Council Chamber At the the unllfles owns buque, Iowa. rHulting In damages Io .w 424 ;\cljourned Regular Session. September 5, 1%7 the. improvements proposed to be erected, o>'n erS to ed Washington Street; nortlon 4. That any future constructlon other then as �proppoo ed and set out on the at- tachetl Exhihl' 'A" shall nC1 be per. mitred without first securing the consent of the City of Dubuque Iowa, for the Purpose of ensuring to. the City of Du- Iowa, to the utilities presenllynto- carev 5. That Caradco' Inc. shall grant e perpetual right end easement to the City of Dubuque, Iowa, to, the purpose of gaining ingress 1D and egress from any ppoortion of the Property of Caradco, Inc. for the ppurppoose of gaining access to the public utlifties located in that portion of vacated Washington Street for the, Pur• nose of inspection, repair and mainten. ante of, the same; 6. Failure or refusal to comply with the or in ing conditiopns shall work an auto Caradcov/ncigshall this i'sa�d. Curren ce herein which Is hereinafter set forth. NOW THCCEREFORE BE IT ORDAINED OF DUBUOIU IOWA IL OF THE CITY Section 1. hat the portion of gto� reet Wash- tnStI Ing between Tenth Street __ X...,.,, he and the same is he is hereby aumonzea an - record a certified copy hereof in the Office of the County Recorder in and for Dubuoue County Iowaed . ith day of Septtember 1%7, approved this M. SOvester McCauley Eldon A Schultz. Welter A. Pregler Councilmen Attest: Lea y F. Frommelt AGREEMtENT1eWITH CONDITIONS OF ORDINANCE Caradco, Inc. herewith agrees to be bound by the terms and conditions set agrees to in tperform galla conditions Ordinance Viol Secretary In the Telegraph- s 141h day of Sept - _U60 F. Frommelt City Clerk 11. 9.14 Councilman McCauley moved fi- nal adoption of the Ordinance. Seconded by Councilman Pfohl. Carried by the following vote: Yeas — Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. Nays—None. RESOLUTION NO. 262.67 WHEREAS, pursuant to resolu- tion and published notice of time and place of hearing, published in the Telegraph -Herald, a newspaper of general circulation published in the City of Dubuque, Iowa, on August 17, 1967 and on August 24, 1967, City Council of Dubuque, Iowa, met on the 5th day of Sep- tember, 1967, at 7:30 o'clock P.M. (Daylight Saving Time) in the City Council Chamber in the City Hall, Dubuque, Iowa, to consider the pro- posal to vacate certain real estate at which hearing all interested per. sons were afforded an opportunity to be. heard for or against such pro- posal and which real estate is de. scribed as follows, to wit: That portion of Washington Street lying between Tenth Street and Eleventh Street, in the City of Dubuque, Iowa; and WHEREAS, City Council of Du- buque, Iowa, overruled any and all objections, oral or written, to the proposal to vacation of the inter- est of the City of Dubuque, Iowa, in the above described real estate to CARADCO INCORPORATED. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF CITY OF DUBUQUE., IOWA: Section 1. That the disposal of the interest of City of Dubuque, Iowa in and to the following de- scribed real estate: That portion of Washington Street lying between Tenth Street and Eleventh Street, in the City of Dubuque, Iowa be and the same is hereby approv- ed, and the said CARADCO IN- CORPORATED shall pay costs of publication. Said disposal subject to Ordinance No. 45-67 of the City of Dubuque, Iowa. Section 2. That the Mayor and City Clerk are hereby authorized and directed to execute Quit Claim Deed of City of Dubuque, Iowa, conveying to Caradco Incorporated all of its rights, title and interest in and to the above described real estate. Section 3. That the City Clerk be and he is hereby authorized and directed to record a certified copy of this Resolution in the office of the Dubuque County Recorder and the Dubuque City Assessor in and for Dubuque County, Iowa. Section 4. That the ordinance vacating the real estate herein- above described refers to "Caradco, Inc." but that it is intended that the name of said corporation be "C A R A D C 0 INCORPORATED" which is the correct corporate name of said company, that is to say that reference to Caradco, Inc. is intended to mean "Caradco In- corporated." 'vl Adjourned lit-911hu' Session, September 5, N(i 425 Passed, adopted and approved this 5th day of September, 1967. Richard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler Councilmen Attest: Leo F. Frommelt, City Clerk Councilman Pregler moved adop tion of the resolution. Seconded by Mayor Ludwig. Carried by the fol- lowing vote: Yeas—Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None. ORDINANCE NO. 46-67 An Ordinance Authorizing St. Anthony's Church, 1870 St. Ambrose St. to Construct Re- taining Wall, presented and read. Councilman McCauley m o v e d that the reading just had be con- sidered the first reading of the Ordinance. Seconded by Council- man Pregler. Carried by the fol- lowing vote: Yeas—Mayor Ludwig, Council- men McCauley, Pfohl, Pregler. Schultz. Nays --None. Councilman McCauley moved that the rule requiring an Ordin- ance to be read on three separate days be waived. Seconded by Coun- cilman Pfohl. Carried by the fol- lowing vote: Yeas — Mayor Ludwig, Council- men McCauley, Pfohl. Pregler, Schultz. Nays ---None. ORDINANCE NO. 46.67 An ordinance authorizing St. Anthony's Church, 1870 St. Ambrose 51., to construct retaining well 3 toot to 1 foot, Lot 19 and 20, Finley Addition, In the City of Rgbme, Iowa, IT ORDAINED BY THE CITY COLIN. CIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Msppr. L. W. Klassen, pastor, as owners of the premises known as St. Anthony's Church, in the City of Dubuque be, and they are hereby granted the revocable license and authority to construct and maintain retaining wall, under the terms and conditions set forth in this Ordinance: Section 2. That such construction shall be done In Accordance with plans hereto- fore submitted bypermittees and a, proved by City Me never, under the su Pervision and direction of the City Man ager, and in accordance with all aP Pllcable state and federal laws and regu talions, end the ordinances of the City of Dubuque ,on S"hrein 010" is 2 expressly. That condiitioned e Perissionon ePer. mAtees agreement to. ta) Assume env and all liability for wh chgemay result nsfrom thePee x. Istence, construction or maintenance of said retaining well. (b) To nay on behalf of the City of Dubuque all sums which the City of Dubuque shall become obligated to pay by reason of the liability imposed upon the City of Dubuque for damages of any kind resulting from the existence, construction or maintenace of said retaining wall, sustained by any person or persons, caused by accident or otherwise, to defend at its own expense and on behalf of said City any claim ing against Out Of the City Dubuque, struc- tion or maintenance of retaining wall. Section 4. That the permission herein granted is expressly conditioned upon permittees further agreement that should the right and privilege herein granted be rescinded or revoked by the City Council, permittees, or their successors In interest, as owners of the abutting Property, shall within thirty (30) days after receipt of written notice from the City Manager, so to do, at their own expense, remove said retaining well, and in the event of their failure so to do. the City of Dubuque shall be authorized to remove said retaining wall, at Per- mittees expense and dispose of the same, and the Permlltees shall have no claim against the City or its agents for dam- ages resulting from the removal of said retaining wall. Section 5. This Ordinance shall become effective and the rights hereunder ac. crue to St. Anthony's Church when this Ordinance has been adopted by the City Council and the terms and conditions thereof accepted by permittees by ac- ceptance endorsed on this Ordinance. Passed. adopted and approved this 5th day of September, A. D. 1967. Richard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Walter A.Pregler Councilmen Attest Leo F. Frommelt City Clerk ACCEPTANCE OF ORDINANCE NO. 46-:7 The undersigned having read and being familiar with the terms and conditions of Ordinance No. 46-67 hereby, for them- selves, their successors or assigns, as owners Of the abutting property, accept the same and agree to be bound by the conditions and agreements therein con. tamed to be Performed by permittees. Dated Sept. 5, 1967. By Msgr, L. W. Klassen, Pastor Published officially in The Telegraph - Herald newspaper this lith day of SeP- ternber 1967. Leo F. Frommel) City Clerk It. 9.11 Councilman McCauley moved final adoption of the Ordinance. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None. Petition of Dorrance H. Hames requesting a refund of $75. on the unexpired portion of cigarette license No. 135, as he has discon- tinued business on August 28, 1967, presented and read. Council- man Pregler moved that the refund be granted and the Auditor in- structed to issue proper warrant. 426 Adjourned Regular Session, September 5, 1967, Seconded by Councilman Schultz. Carried by the following vote: Yeas—Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None. Petition of Dubuque Sports Bowl Inc, requesting a refund of $100. on the unexpired portion of Class "B" beer license No. 62, as they have discontinued business on Sep- tember 5, 1967, presented and read. Councilman Pregler moved that the refund be granted and the Auditor instructed to issue proper warrant. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None. Petition of Dubuque Baseball Inc. requesting a refund of $100. on the unexpired portion of Class "B" beer license No. 41, as they have discontinued business on Septem- ber 5, 1967, presented and read. Councilman Pregler moved that the refund be granted and the Auditor instructed to issue proper warrant. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None. Petition of Peoples Natural Gas requesting permission to excavate in Kane Street, presented and read. Councilman Schultz moved that the petition be granted. Seconded by Mayor Ludwig. Carried by the following vote: Yeas—Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None. Petition of Elroy J. Hinz et al objecting to construction of a steel three car garage, constructed by Walter Link at 1385 Asbury street, as not conforming to the building code, presented and read. Attorney Charles A. Kintzinger stated that Walter Link is a good reputable citizen and has been in good faith. Councilman Pregler moved that the petition lie on the table until the next meeting of the Council. Seconded by Councilman Pfohl. Carried by the following vote: Yeas — Mayor Ludwig, Council- men McCauley, Pfohl, Pregler. Nays—Councilman Schultz. Petition of Charles D. Spahn et al (containing 97 signers) as cus- tomers of Mid -Town Marina located at E. 6th Street requesting continu- ance of operations in or about Du- buque, as the result of possibly be- ing put out of business due to con- struction of the proposed flood wall, presented and read. Attorney Charles A. Kintzinger spoke in behalf of John McEvoy, the present owner of the Marina, by stating that the Marina was built on its own funds. Mr. McEvoy is at the point of panic and if he is to be put out of business he should be told. Both John and Charles McEvoy spoke of the hardship and work put into the Marina estab- lishment. The ground that the Marina is located on is not owned by the City but by Mr. Pfohl of the Fischer Industries, which forc- es the City to deal with Mr. Pfohl rather than Mr. McEvoy at this time as to acquiring the land for flood control purposes. Mr. John McEvoy stated that he has been put on notice by Mr. Pfohl that his lease will be terminated on Novem- ber 30th, and it would be impos- sible for him to operate at this location despite the fact that the engineers are trying to provide op- erational space for him in the con- struction of the flood wall. As presently planned, in his opinion, it would place his operation too far out in the channel. Mr. McEvoy requested consideration of a new location for his business. Councilman Pregler moved to prevail upon the Mayor to call a meeting of the Dock Commission, Industrial Bureau, City Council and Mr. John McEvoy. Seconded by Councilman Pfohl. Carried by the following vote: Yeas — Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None. Petition of C. H. Burkett et al (238 signers) requesting bus trans- portation for the west end of the City, presented and read. Due to the fact that bus transportation has been started in the area as of to- day Councilman Pregler moved that the petition be received and filed. Seconded by Councilman Me - Adjourned Regular Session, September 5, 1967 427 Cauley. Carried by the following vote: Yeas — Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz, Nays—None. Petition of Donald R. Block of 515 E. 22nd Street requesting the installation of a street light at the corner of Prince street and E. 22nd Street, presented and read. Mayor Ludwig moved that the peti. tion be referred to the City Man. ager and Electrical Inspector for investigation and report. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None. Petition of Joan W. Frank et al requesting the installation of street lights on Valentine Drive and Cody Drive, presented and read. Mayor Ludwig moved that the petition be referred to the City Manager and Electrical Inspector for investiga. tion and report. Seconded by Councilman Pfohl. Carried by the following vote: Yeas — Mayor Ludwig, Council- men McCauley, Pfohl, Pregler. Schultz. Nays—None. Petition of Dubuque Sertoma Club requesting permission to sell light bulbs, proceeds of which are to be donated to the Opportunity Center presented and read. Coun- cilman Pfohl moved that the peti- tion be granted. Seconded by Coun- cilman Pregler. Carried by the fol- lowing vote: Yeas — Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None. Petition of Mrs. Harvey Schmitt et al requesting consideration in the elimination of the traffic prob- lem and hazards at 12th & Jackson street, presented and read. Council- man Pfohl moved that the petition he referred to the City Manager and Traffic Department. Seconded by Councilman McCauley. Carried by the following vote: Yeas — Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None. Petition of Raymond T. Trumm et al requesting retuning of lots 359 and 3130 Lennox Addn , located C] on Alpha Street, from Single Fam. ily to :Multiple Family housing classification, presented and mad. Councilman Pfohl moved that the Petition be referred to the Plan. ning & Zoning Commission. Sec. onded by Councilman McCauley. Carried by the following vote: Yeas — Mayor Ludwig, Council- men McCauley. Pfohl, Pregler, Schultz. Nays—None. Petition of Peoples Natural Gas requesting permission to excavate at the intersection of W. 8th and :North Hill Street, presented and read. Councilman Pregler moved that the petition be approved. Sec- onded by Councilman Pfohl. Car. ried by the following vote: Yeas — Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None. RESOLUTION NO, 263.67 Resolution Accepting Delivery of Grant of Easement for Flood Protection Works. WIIEREAS, Trus -Joist Midwest Corporation has executed and de- livered to City of Dubuque, Iowa, a grant of perpetual easement in, on, over. and across the following described real estate, to wit: A tract of land being a portion of the following: Lot 1 of Block 17 in "RIVER FRONT SUBDI- VISION NO. 3" in the City of Dubuque, Iowa, according to the recorded Plat thereof. Subject to easements, rights and privileges of record, which tract is outlined in red on the Plat attached here- to, marked Exhibit "A" and by this reference made a part here- of. in connection with City of Dubuque Flood Control Plan. NOW THEREFORE BE 1T RE. SOLVED by the City Council of the City of Dubuque, Iowa: Section 1, Delivery of grant of perpetual easement to City of Du- buque, Iowa by Trus -Joist Midwest Corporation dated the 14th day of August, 1967, be and the same is hereby accepted by the City of Dubuque, Iowa. Section 2. That the City Clerk be and he is hereby ordered to ex- ecute the certifeate of Clerk af- fixed to such granting instrument and cause said grant of perpetual easement to be recorded in the of - 4LIg Adjourned Regular Session, September 5, 1967 fice of the Recorder in and for Dubuque County, Iowa, together with this Resolution. Passed, adopted and approved this 5th day of September, 1967. Richard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler Councilmen Attest: Leo F. Frommelt City Clerk Mayor Ludwig moved adoption of the resolution.Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. Nays—None. RESOLUTION NO. 26467 Resolution Accepting Delivery of Grant of Easement for Flood Protection Works. WHEREAS, Coca-Cola Bottling Company has executed and deliver- ed to City of Dubuque, Iowa, a grant of perpetual easeemnt in, on, over, and across the following de- scribed real estate, to wit: A tract of land being a portion of the following: Lot 1 of Block 15 in "RIVER FRONT SUBDIVISION NO. 3", in the City of Dubuque, Iowa, accord- ing to the Plat thereof in Book of Plats #30, page 269, records of Dubuque County, Iowa. Sub- ject to Easements, Rights and Privileges of record, which tract is outlined in red on the plat attached hereto, marked Exhibit "A" and by this refer- ence made a part hereof in connection with City of Dubu- que Flood Control Plan. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Delivery of grant of perpetual easement to City of Du- buque, Iowa by Coca-Cola Bottling Company dated the 21st day of August, 1967, be and the same is hereby accepted by the City of Du buque, Iowa. Section 2. That the City Clerk be and he is hereby ordered to exe- cute the certificate of Clerk affixed to such granting instrument and cause said grant of perpetual ease- ment to be recorded in the office of the Recorder in and for Dubu- que County. Iowa, together with this Resolution. Passed, adopted and approved this 5th day of September, 1967. Richard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler Councilmen Attest: Leo F. Frommelt, City Clerk Mayor Ludwig moved adoption of the resolution. Seconded by Councilman Pfohl. Carried by the following vote: Yeas — Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None. Proofs of Publication, certified to by the Publishers, of notice of public hearing for the levying of special assessments and intention of the Council to issue bonds to pay for improvement known as CITY OF DUBUQUE 1966 SIDE- WALK PROJECT NO. 1, presented and read. Mayor Ludwig moved that the proofs of publication be received and filed. Seconded by Councilman Pfohl. Carried by the following vote: Yeas — Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None. Statement of City Clerk certify- ing that notices of levy were mail- ed by certified mail, on August 9, 1967 to owners of record, subject to pay assessment to pay for cost of constructing City )f Dubuque 1966 Sidewalk Project No. 1, pre- sented and read. Councilman Preg. led moved that the statement be received and filed. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None, Statement of Bernard E. Necas, a member of the Engineering De. partment, certifying that notices of levy were posted in the assessable Adjourned Regular Session, September 5, 1967 429 area on August 23, 1967, of the City of Dubuque 1966 Sidewalk Project No. 1, presented and read. Councilman Pfohl moved that the statement be received and filed. Seconded by Mayor Ludwig. Car. ried by the following vote: Yeas—Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—'.None. Communication of Joseph Vogt objecting to the handling of the 1966 sidewalk program effecting him on Kane Street by objecting to sidewalk not meeting specifica- tions, discrimination toward cer. tain property owners, by not hav- ing adjoining property owners in- stall walks, on both sides of Kane Street, pressnted and read, Coun- cilman Pregler moved that the communication be received and filed. Seconded by Councilman Pfohl. Carried by the following vote: Yeas — Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None. RESOLUTION NO. 265.67 SCHEDULE OF ASSESSMENTS RESOLVED by the City Council of the City of Dubuque, Iowa: That to pay for CITY OF DUBUQUE 1966 SIDEWALK PROJECT NO. 1, for sidewalks constructed on As- bury Street, Carter Road, Kane Street, Kaufmann Ave., Martin Drive, Mineral Street, Pennsylvania Avenue, St. Joseph Street, Van Buren Street, by TRI-STATE PAV- ING CO., contractor in front of and adjoining the same, a special tax be and is hereby levied on the several lots, and parts of lots, and parcels of real estate all as named, situated and owned, and for the several amounts set opposite each lot or parcel of real estate, as set forth in the following schedule: CITY OF DUBUQUE 1964 SIDEWALK PROJECT NO. 1 Total Construction Cost...............................................................„...$10,521.99 CityShare.............................................................................................. 1,178.50 Assessable.............................................»......,.................................... 9,343.49 12% Engineering...................................................6.............................. 1,121.22 5% Interest — 52 days........................................................................ 67.48 TOTALASSESSABLE........................................................................$10,532.19 ASBURY STREET Nicholas J. Schrup, Lot 2, Neil Place ................................................$ 124.07 All of which is assessed in proportion to the special benefits conferred. CARTER ROAD Walter J. & Marie Lewis, Lot 2-1.1.2.1.1.2-1.2-1, Highland Farm 360.82 Walter J. & Marie Lewis, Lot 2-1-2.1.1.2-1-2.1, Highland Farm 382.65 James B. & Sarah H. Clewell, Lot 2, Hillcrest Heights, Block 3 170.32 $ 913.79 All of which is assessed in proportion to the special benefits conferred. KANE STREET Wm. T. & Lucina G. Connery, Lot 2.1-1-1-1-2, M. L. 345 ...........• 251.45 Ann J. Bolsinger, Lot 2.1, M. L. 345 ................................................ 511.56 Joseph D. Vogt, Jr., Lot 1-163, L. H. Langwortby's Add. _ ............. 1,001.88 Walter J. & Marie Lewis, Lot 1.1-1.2.1-1-2.1.2-1, Highland Farm.... 268.62 Walter J. & Marie Lewis, Lot 2.1-2.1-1.2.1.2-1, Highland Farm.... 231.08 $2,264.59 All of which is assessed in proportion to the special benefits conferred. KAUFMANN AVENUE Katherine W. Bradley, Lot 3, Burton's Addition ............................ 152.51 Katherine W. Bradley, Lot 4, Burton's Addition ......................•..... 152.51 369.51 George M. Johnson, Lot M. L. 342 ............................ John F. & Phyllis A. Schlitzer, Lot 2.1.2.1-1, M. L. 210 ...............• 127.59 Clarence F. & Catherine A. Ellerman, Lot 16, Clover Hills Sub., Block 10 154.19 ........................ ........................ ................................ 3.16 Roy & Catherine E. Ney, Lot 154A, L. H. Langworthy's Add..... 19 -.m 430 Adjourned Regular Session, September 5. 1%7 Roy & Catherine E. Ney, Lot 154, L. H. Langworthy's Add ......... 407.60 Roy & Catherine E. Ney, Lot MA, L. H. Langworthy's Add......... 362.06 Roy & Catherine E. Ney, Lot 158, L. If. Langworthv's Add• ........ 415.73 Roy &Catherine E. Ne -y, Lot 1.160A, L. H. Langworthy's Add..... 233.38 N Roy &Catherine E. ey, Lot 1, Roy Nev Sub., Block 1 .......... 154.95 Wilbur F. &Rosemary Haas, Lot 2, Roy Ney Sub., Block 1 .......... 240.84. Cletus Cox, Lot 2-1-1.1.1-1.1, M. L. 342 ......................... $3,312.02 All of which is assessed in proportion to the special benefits conferred. MARTIN DRIVE Clarence F. & Catherine Ellerman, Lot 16, Clover Hills Add., ................................... 208.76 Block 10 ........................................................ All of which is assessed in proportion to the special benefits conferred. MINERAL STREET Wolf & Jenny Berk, Lot 91, Finley, Waples & Burton's Addition 169.87 All of which is assessed in proportion to the special benefits conferred. PENNSYLVANIA AVENUE Lil' Giant Food Stores, Inc., Lot 529, Lenox Addition .................... 259.32 Donald R. & Carol L. Runger, Lot 1, Key Knolls Sub., Blk. 7 ........ 233.11 Archdiocese of Dubuque, Iot 1-1, NWI/4-NEY4 Sec. 28T 89N R2E, .................................................I.......... 1,798.37 $2,290.80 All of which is assessed in proportion to the special benefits conferred. ST. JOSEPH STREET Herman J. Jr. & Sandra J. Meyer, Lot 11, Babcock's Subdivision 198.39 All of which is assessed in proportion to the special benefits conferred. VAN BUREN STREET Anna Mae Conlon, Lot 91, Lenox Addition .................................... 122.76 Anna Mae Conlon, Lot 92, Lenox Addition .................................... 128.16 Dupaco Employees Credit Union, Lot 93, Lenox Addition ............ 112.83 Dupaco Employees Credit Union, Lot 95, Lenox Addition............ 112.83 Thomas C. & Marcella Flynn, Lot 432, Lenox Addition ............ 291.87 Thomas C. & Marcella Flynn, Lot 431, Lenox Addition ............ 106.16 Max & Louise Lynch, Lot 153, Lenox Addition ................................ 139.32 Myrtle E. Koenig, Lot 167, Lenox Addition ...................................... 35.97 $1,049.90 All of which is assessed in proportion to the special benefits conferred. Passed, adopted and approved this 5th day of September 1967. Richard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler Councilmen Attest: Leo F. Frommelt, City Clerk Mayor Ludwig moved adoption of the resolution. Seconded by Councilman McCauley. Carried by the following vote: Yeas — Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz, Nays—None. Proofs of Publication, certified to by the Publishers, of notice of public hearing to authorize the is- suance of Street Improvement -Side- walk bonds to pay for construction of CITY OF DUBUQUE 1966 SIDE- WALK PROJECT NO. 1, presented and read. Councilman Pfohl moved that the proofs of publication be receive] and filed. Seconded by Mayor Ludwig. Carried by the fol- lowing vote.: Yeas — Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None. RESOLUTION NO. 266.67 Resolution providing for the is- suance of Street Improvement (Sidewalk) bonds for the purpose Adjourned Regular Session, September 5, 1967 4331 of providing for the payment of the assessed cost of sidewalk con- struction on Asbury Street, Carter Road, Kane Street, Kaufmann Ave. nue, Martin Drive, Mineral Street, Pennsylvania Avenue, St. Joseph Street and Van Buren Street. Whereas the contract heretofore entered into by the City of Du- buque, Iowa, for the Sidewalk Con- struction hereinafter described has been completed and the City Man. ager has certified the completion thereof to the City Council and the City Council has ascertained the cost thereof and has determined that $10,532.19 Dollars of the cost thereof shall be assessed against the property subject to assessment therefor; and Whereas public notice, as pro- vided by law, has been published by the City Clerk stating the inten- tion of the City Council to issue bonds for the purpose of providing for the payment of the assessed cost of said improvement and a public hearing has been held, pur- suant to such notice and all objec- tions made thereto have been con- sidered and determined; NOW THEREFORE BE IT RE- SOLVED by the City Council of Dubuque: 1. That to provide for the pay- ment of the assessed cost of side- walk construction on Asbury Street, Carter Road, Kane Street, Kaufmann Avenue, Martin Drive, Mineral Street, Pennsylvania Av- enue, St. Joseph Street and Van Buren Street, there shall be issued Street Improvement - Sidewalk bonds in the amount of $10,532.19 Dollars in anticipation of the de- ferred payment of assessments lev- ied for such improvement. 2. Such bonds shall be called Street Improvement - Sidewalk bonds; and shall bear the date of October 5. 1967; and shall be num- bered consecutively; and they shall be numbered, divided into series, and be in such denominations and for such maturity dates as are shown in the following table: Series No. hen. Maturity 1, Bond No. 885 thru 887, $500.00, April 1, 1968 2, Bond No. B88 and 898, $500.00, April 1, 1969 3, Bond No. 890 and 891, $500.00, April 1, 1970 4, Bond No. 892 and 893, $500.00, ..m April 1, 1971 5. Bond No. 894 and 895, $500.00, April 1, 1972 6, Bond No. 896 and 897, $510.00, April 1, 1973 7, Bond No. 898 and 899, $500.00. April 1, 1974 8, Bond No. 900 and 901, $500.00, April 1, 1975 9, Bond No. 902 and 903, $500.00, April 1, 1976 10, Bond No. 904 and 905, $500.00, April 1, 1977 10, Bond No. 906, $32.19, April 1, 1977 3. Said bonds shall bear interest at the rate of 5 per cent per an- num, payable semi-annually in ac- cordance with coupons thereto at- tached: 4. Said bonds shall not make the City of Dubuque liable in any way, except for the application of said special assessment funds. 5. Said bonds shall provide that they may be payable at any time prior to the maturity date stated therein at the option of the City of Dubuque and shall be in sub- stantially the following form: No................. Series No ................. CITY OF DUBUQUE Street Improvement -Sidewalk Bond The City of Dubuque in the State of Iowa promises to pay as here- inafter mentioned to the bearer hereof, on the first day of April, 1968, or at any time before that date, at the option of the City of Dubuque, the sum of Five Hundred dollars with interest thereon at the rate of 5 per cent per annum, pay- able semi-annually, on the presen- tation and surrender of the interest coupons hereto attached. Both principal and interest of this bond are payable at the office of the City Treasurer in the City of Du- buque, in the State of Iowa. This bond is issued by the City of Du- buque under and by virtue of Chapter 396 of the 1954 Code of Iowa, as amended, and the Resolu- tion of said City duly passed on the 5th day of September, 1967 being Resolution No. 266.67. This Bond is one of a series of ........bonds . ................ for $............ numbered from ......................... and one for $................ numbered......... all of like tenor and date, and 432 Adjourned Regular Session, Septetnher 5, 1%"1 issued for the purpose of construe, ing sidewalks on Asbury Street, Carter Road. Kane Street, Kauf- mann Avenue, Martin Drive, Min- eral Street, Pennsylvania Avenue, St. Joseph Street and Van Buren Street as described in said Resolu- tion, in said City, which cost is payable by the abutting and adja- cent property along said improve- ments and is made by a law a lien on all of said property. It is pay- able only out of the Special As- sessment Fund Number 1265 creat- ed by the collection of said special tax, and said fund can be used for no other purpose. It is hereby certified and recited that all acts, conditions and things required to be done, precedent to and in issuing this series of bonds, have been done, happened, and performed, in regular and due form, as required by law and said Resolution, and for the assessment. collection and payment hereon of said special tax, the full faith and diligence of said City of Dubuque are hereby irrevocably pledged. IN TESTIMONY WHEREOF the City of Dubuque by its Council has caused this bond to be signed by its Mayor and countersigned by its City Clerk and the Seal of said City to be thereto affixed, this 5th day of October, 1967. (SEAL) .......................................................... Mayor .......................................................... City Clerk (Form of Coupon) On the ........ day of ..................... the City of Dubuque, Iowa, prom- ises to pay to the bearer, as pro- vided in said bond, the sum of ................Dollars, in the office of the City Treasurer in the City of Dubuque, being ................ months' interest due that date on its............ Bond No ............. dated .................... ......................................................... Mayor ....... I.......... City Clerk 6. That the Mayor and City Clerk be and they are hereby instructed to cause said bonds to be prepared and when so prepared to execute said bonds and that the City Clerk be and he is hereby instructed to register said bonds in a book kept for that purpose and to then deliver them to the City Treasurer. 7. That the City Ttreasurer is hereby instructed to sell said bonds in the manner provided by law, the proceeds of said sale to be placed in a special fund to be known as Special Assessment Fund Number 1265 and paid out by him to pay the cost of said contract. 8. That the interest coupons at- tached to the bonds be signed with the facsimile signature of the City Clerk. 9. That as fast as funds allow, beginning with the second year after the payment of interest due, The City Treasurer is directed to call these bonds in the same order as numbered. 10. Notice of election to call these bonds shall be given by regu- lar United States Mail, and ad. dress to the last known address of the purchaser. Passed, adopted and approved this 5th day of September 1967. Richard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler Councilmen Attest: Leo F. Frommelt, City Clerk Councilman Pfohl moved adop- tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None. Proof of Publication, certified to by the Publisher, of notice of pub- lic hearing on proposed plans and specifications, and proposed form of contract covering construction of Fire Station No. 2 on John F. Kennedy Road in and for the City of Dubuque, Iowa, presented and read. No written objections were filed and no objectors were present at the time set for the public hear- ing. Councilman Pfohl moved that the proof of publication be re- ceived and filed. Seconded by Ma - .'r Adjounied Reg" ar Session, (September 5, 14)(i, 43:3 Councilman Pregler moved adop. yor Ludwig. Carried by the follow- I ing vote: tion of the resolution. Seconded by Yeas — Mayor Ludwig, Coun- Councilman Schultz. Carried by the cilmen McCauley, Pfohl, Pregler, following vote: Schultz. Nays—None. Yeas — Mayor LudwigCoun. cilmen McCauley, Pfohl, Pregler, RESOLUTION NO. 267-67 Schultz. WHEREAS, after a public hear- Nays—None. ing held and conducted pursuant to the laws of the State of Iowa, Communication of Dubuque Ad - q Ad - the City Council has heretofore v�sory Commission strongly urging found and determined that the passage of the bond issue for the public safety and welfare will. be CENTRAL FIRE HEADQUAR. served by the erection and con- TERS, and showing comparative of Fire Station 2 figures of cost of construction of a or John F. Kennedy Road in and for JohnFn fire stations recently constructed, the City of Dubuque, Iowa, after presented and read. the voters of the City of Dubuque Mayor Ludwig moved that the by affirmative vote had approved communication be received and the erection and construction of filed. Seconded by Councilman Mc - such fire station; and Cauley. Carried by the following WHEREAS, proposed plans, Vote: specifications and form of contract Yeas — Mayor Ludwig, Coun- for said Fire Station No. 2 to be cilmen McCauley, Pfohl, Pregler, located on John F. Kennedy Road Schultz. have been prepared by Durant, Nays—None. Deininger, Dommer, Kramer, Gor- don Architects and Engineers and filed with the City Clerk on the. RESOLUTION NO. 268.67 18th day of August, 1967, and no- Authorizing the Execution of a tice of a public hearing on said Contract with the Law Firm of proposed plans and specifications Fuerste and Carew for Project and form of contract has been du- Legal Services in the Downtown ly published in the manner and Urban Renewal Project, Iowa form required by law and no peti- R-15 tions or objections of any kind have been filed or made by any WHEREAS, under date of July interested party to said plans, 26, 1867, the City of Dubuque and specifications and form of contract the United States of America en - or to the cost of said project. tered into a Loan and Capital NOW THEREFORE Be It Re- Grant Contract for the undertak- solved by the City Council of the ing of the Downtown Urban Re - City of Dubuque, Iowa: newal Project; and Section 1. That the plans, speci- WHEREAS, it is necessary to re- fications and form of contract re- tain Special Legal Counsel to as- ferred to in the preamble hereof silt the City Attorney and the ne- be and the same are hereby ap partment of Urban Renewal in the proved. acquisition of real estate for the Section 2. That all resolutions or Downtown Urban Renewal Project; orders or parts thereof in conflict now therefore herewith are hereby repealed. Passed, adopted and approved BE IT RESOLVED by the Coun. this 5th clay of September, 1967. cil of the City of Dubuque: Richard Ludwig Mayor Section 1. That the City Manager M. Sylvester McCauley be and he is hereby authorized and Merlin F. Schultz directed to enter into a contract. the law firm of Fuerste and Eldon A. 11fohl with for the purpose of provid- Walter A. Pregler Councilmen Carew ing legal services in the acquiring Attest: of real estate property for the Urban Renewal Project, Leo F. Fromnielt Downtown City Clerk Iowa R-15. 131 djourmod Regular Session, SeWemhe•r 5, 1(Xh Passed, adopted, and approved this 5th day of September, 1967. Richard Ludwig Mayor M. Sylvester McCauley Walter A. Pregler Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Mayor Ludwig. Carried by the fol- lowing vote: Yeas — Mayor Ludwig, Coun- cilmen McCauley, Pregler. Nays — Councilmen Pfohl, Schultz. RESOLUTION NO. 269.67 Authorizing the Execution of a Contract with Iowa Appraisal and Research Corporation for the Second Reuse Appraisal for the Downtown Urban Renewal Proj- ect, Iowa R-15. WHEREAS, under date of July 26, 1967, the City of Dubuque and the United States of America en- tered into a Loan and Capital Grant Contract for the undertak- ing of the Downtown Urban Renew- al Project; and WHEREAS, it is necessary to de- termine the value of the sites to be cleared and available for rede- velopment through a reuse apprais• al prepared by a qualified profes- sional and experienced appraiser; and WHEREAS, the Iowa Appraisal and Research Corporation by virtue of their experience in approximate- ly fifteen urban renewal projects is qualified to perform this assign- ment, now therefore BE IT RESOLVED by the Coun- cil of the City of Dubuque: Section 1. That the City Manager be and he is hereby authorized and directed to enter into a contract with the Iowa Appraisal and Re- search Corporation for the purpose of preparing the Second Reuse Ap- praisal for the Downtown Urban Renewal Project, Iowa R-15 at a cost not to exceed $7,000.00. Passed, adopted, and approved this 5th day of September, 1967. Richard Ludwig Mayor M. Sylvester McCauley Walter A. Pregler Councilmen Attest: Leo F. Frommelt City Clerk Mayor Ludwig moved adoption of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Ludwig, Coun- cilmen McCauley, Pregler. Nays — Councilmen Pfohl, Schultz. RESOLUTION NO. 270-67 Preliminary resolution for the construction of City of Dubuque 1967 Asbury Road Water Main Project No. 1. WHEREAS, the City Council deems it necessary to institute proceedings for the construction of mature of improvement with be- ginning and terminal points) City of Dubuque 1967 Asbury Road Wa- ter Main Project No. 1 from the west property line of John F. Ken- nedy Road to the west property line of Lot 1 of Lot 1 of Lot 1 of Asbury Park Subdivision in Sec. 21—Dubuque Township Dubuque, Iowa with the exception of a sec- tion from the west property line of Lot 1 of Block 10 of Westches- ter Subdivision to the west prop- erty line of St. John Drive. Now Therefore Be It Resolved by the City Council of the City of Dubuque, Iowa: I. That the City Engineer is here- by instructed to prepare prelimi- nary plans and specifications, an estimate of total cost, and a plat and schedule for said improvement and place same on file with the City Clerk. 2. That the property to be bene- fitted by said improvement is (gen- eral description of all property in district). All real estate abutting on the above described portion of the above named street. 3. The estimate of total cost of said improvement herein ordered shall include an estimate of the cost of engineering, preliminary re- ports, property valuations, esti- mates, plans, specifications, no- tices, legal services, acquisition of land, consequential damages or w Adjourned Regular Session, September 5, 1967 435 costs, easements, rights of way, construction, (repair) supervision, inspection, testing, notices of publi- cation, interest, and printing and sale of bonds. These proceedings are covered under Chapter 391-A of the Code of Iowa. 4. That said improvement is hereby designated City of Dubuque 1967 Asbury Road Water Main Project No. 1 and may be referred to by such title in all subsequent proceedings. Passed, adopted and approved this 5th day of September, 1967. Richard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler Councilmen Attest: Leo F. Frommelt, City Clerk Councilman Pfohl moved adop- tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas—Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays --None. RESOLUTION NO. 271-67 Resolution determining valua- tions of each lot within the pro- posed assessment district for City of Dubuque 1967 Asbury Road Water Main Project No. I. Be It Resolved by the City Coun- cil of the City of Dubuque: 1. That the valuations set out in the foregoing list are hereby determined to be the present fair market value, with the proposed improvement completed, of each lot wthin the proposed assessment district for City of Dubuque As- bury Road Water Main Project No. 1. And the City Clerk is hereby directed to report the same to the City Engineer who shall show such valuations on the schedule hereto- fore ordered for said improvement. ..A Passed, adopted and approved this 5th day of September, 1967. Richard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Attest: Walter A. Pregler Leo F. Frommelt, City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Pfohl. Carried by the following vote: Yeas — Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nayr,—None. RESOLUTION NO. 272-67 Approval of Preliminary Esti- mate and proposed plans, specifica- tions, form of contract, plat and all other documents, for construc- tion of a cast iron water main from the west property line of John F. Kennedy Road to the west property line of Lot 1 of Lot 1 of Lot I of Asbury Park Subdivision in Sec- tion 21, Dubuque Township, Du- buque, Iowa, (with the exception of a section from the west property line of Lot 1 of Block 10 of West- chester Subdivision to the west property line of St. John Drive) at an estimated cost of 517.108.13, presented and read. Mayor Ludwig moved adoption of the resolution. Seconded by Councilman McCauley. Carried by the following vote: Yeas — Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None. RESOLUTION NO. 273.67 Resolution of necessity for con- struction of City of Dubuque 1967 Asbury Road Water Main Project No. 1 also setting time and place of hearing and prescribing notice for City of Dubuque 1967 Asbury Road Water Main Project No. I. Whereas, proposed plans and specifications, plat and schedule have been duly prepared and ap- proved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk showing, among other, things the following: a. An estimated total cost of the work. 496 Adjourned Regular Session, SCPtemher 5, 1967 b. The amount proposed to be assessed against each lot for the improvement for the construction of (description of improvement) City of Dubuque 1987 Asbury Road Water Main Project No. 1 from the west property line of John F. Kennedy Road to the west property line of Lot 1 of Lot 1 of Lot 1 of Asbury Park Subdivision in Sec. 21—Dubuque Township Dubuque, Iowa with the exception of a sec- tion from the west property line of Lot 1 of Block 10 of Westchester Subdivision to the West property line of St, John Drive. Be It Therefore Resolved by the City Council of the City of Dubu- que, Iowa: 1. That the City Council deems it advisable and necessary for the public welfare to make said im- provement. 2. Said improvement shall be constructed and done in accord- ance with said plans and specifica- tions and a portion of the total coat of making said improvement shall be assessed against all pri- vately owned property lving with- in the assessment distric► shown on such plat in an amount not to ex- ceed the amount provided by law and in proportion to the special henefitc conferred thereby and the remainder of the total cost shall be paid out of the Water Works De- preciation fund. 3. Bonds shall be issued and sold in anticipation of deferred payments of assessments when a contract has been performed and accepted and the proceeds thereof used to pay the contractor. 4. On the end day of October, 1987 at 7:40 P.M., the City Council will meet in the City Council chambers in the City Hall, in the Cit'v of Dubuque. Iowa and bear property owners subject to the assessment and interested parties for and against the improvement. its cost, the assessment thereof, or the boundaries of the district. 5. The City Clerk is hereby auth. orized and directed to cause public notice of the date, time and place of hearing to he given by publica. Win oncr each ^,eek for two con. secutive w"ks the first of which Publications shall he not less than fifleen nor more than tuwrnty-five dayx Mor to said hearing and by mauling a copy of said notice by certified mail to the owners of said property to be assessed, as shown by the records in the office of the County Auditor on or before the first publication of the notice. Approved on first reading this 5th day of September 1987. Richard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler Attest: Leo F. Frommelt, City Clerk Mayor Ludwig moved approval of the resolution. Seconded by Councilman McCauley. Carried by the following vote, Yeas — Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None. RESOLUTION NO. 2747 WHEREAS, Mr. A. Y. McDonald has petitioned the City of Dubuque to grant an easement over certain portions of City owned property in order to serve the property owned by the said A. Y. McDonald for the purpose of gaining access thereto and egress therefrom; and WHEREAS, Mr. A. Y. McDonald in exchange for such easement from the City is willing and agree- able to grant unto the City an ease- ment in, and to, and over the prop- erty owned by the said A. Y. Mc- Donald for the purpose of using same as a public road. NOW THEREFORE Be It Re- solved by the City Council of the City of Dubuque, Iowa: Section 1. That the grant of ease- ment from A. Y. McDonald to the City of Dubuque, Iowa, in, over and across a portion of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 2 of Lot 1 of Lot 1 of Mineral Lot 38 and Lot 2 of Lot 1 of Lot l of Lot 1 of Lot 1 of Lot 2 of Lot 1 of Mineral Lot 38 be and the same is hereby ap- proved and delivery of grant of such easement is herewith accepted at the location of said easement as shoe n in red on the attached Plat marked FAhibit "A" and by refer ence made a part hereof. Srction 2. That the grant of ease- ment from the City of Dubuque unto A. Y. McDonald and F M McDonald, husband and wife as Joint tenants with right of surviv orahip and not as tenants in com- Adjourned Regular Session, September 5, 1%7 437 mon have a perpetual easement for road purposes in, over and across a portion of Lot l of Lot 1 of Lot 1 of Mineral Lot 38 as shown in green on the attached Plat marked Exhibit "A" and by ref. erence made a part hereof be and the same is hereby approved and the Mayor and the City Clerk be and they are hereby authorized and empowered to execute said grant of easement and that deliv- ery of said grant be made upon re- ceipt of delivery of grant of ease- ment from Mr. A. Y. McDonald. 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 County Recorder in and for Dubuque, Iowa, in the office of the City Assessor of the City of Dubuque. Iowa, and City Clerk publish notice of same as is by law required. Passed, adopted and approved this 5th day of September, 1967 Richard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pfohl moved adop- tion of the resolution. Seconded by Councilman McCauley. Carried by the following vote: Yeas — Mayor Ludwig. Coun- cilmen McCauley. Pfohl. Pregler, Schultz. Nays—None. RESOLUTION NO. 275.67 Resolution Accepting Delivery of Grant of Easement for Flood Protection Works. WHEREAS, St. Regis Paper Com- pany has executed and delivered to City of Dubuque, Iowa, a grant of perpetual easement in, on, over. and across the following described real estate, to wit: A tract of land in Lot 1, of Block 7 in River Front' Sub- division No. 3 in the City of Dubuque, Iowa, according to the: recorded plat thereof, which tract is outlined in red and cross -hatched on the plat attached hereto, marked Ex. hibit "A" and by this refer. ence made a part hereof. in connection with City of Du- buque Flood Control Plan and May- or and City Clerk should execute said easement instrument. NOW THEREFORE BE IT RE. SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Delivery of grant of perpetual easement to City of Du- buque, Iowa by St. Regis Paper Company dated the 24th day of August. 1967, be and the same is hereby accepted by the City of Dubuque, Iowa, Section 2. That the City Clerk be and he is hereby ordered to execute the certificate of Clerk affixed to such granting instru- ment and cause said grant of per- petual easement to be recorded in the office of the Recorder in and for Dubuque County, Iowa, to- gether with this Resolution. Passed, adopted and approved this 5th day of September, 1967. Richard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler Councilmen Attest: Leo F. Frommelt, City Clerk Councilman Pfohl moved adop- tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None. RESOLUTION NO. 276-67 Resolution Accepting Delivery of Grant of Easement for Flood Protection Works. WHEREAS, St. Regis Paper Com- pany has executed and delivered to City of Dubuque, Iowa, a grant of perpetual easement in, on, over, and across the following described real estate, to wit: A tract of land in Lot I. of Block 7 in River Front Subdi- vision No. 3 in said City of Dubuque. Iowa, according to whrecorded plat tractt is outlined linr whichred .tag Adjourned Regular Session, Septemlwr 5, 1467 and cross -hatched on the plat attached hereto, marked Ex- hibit "A" and by this refer. ence made a part hereof. in connection with City of Dubu- que Flood Control Plan and Mayor and City Clerk should execute said easement instrument. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Delivery of grant of perpetual easement to City of Du- buque, Iowa by St. Regis Paper Company dated the 24th day of August, 1967, be and the same is hereby accepted by the City of Du- buque, Iowa. Section 2. That the City Clerk be and he is hereby ordered to exe- cute the certificate of Clerk affixed to such granting instrument and cause said grant of perpetual case- ment to be recorded in the office of the Recorder in and for Dubu- que County, Iowa, together with this Resolution Passed, adopted and approved this 5th day of September, 1967. Richard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler Councilmen Attest: Leo F. Frommelt, City Clerk Councilman Pfohl moved adop- tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None. RESOLUTION NO. 27767 Resolution Accepting Delivery of Grant of Temporary Easement for Flood Protection Works. WHEREAS, St. Regis Paper Com- pany has executed and delivered to City of Dubuque, Iowa, a grant of temporary easement in, on, over, and across the following describ- ed real estate, to wit: A tract of land in Lot 1, of Block 7 in River Front Subdi. vision No. 3 in the City of Du- buque, Iowa, according to the recorded plat thereof, which tract is outlined in red and cross -hatched on the plat at- tached hereto. marked Exhibit "A" and by this reference made a part hereof, in connection with City of Dubu- que Flood Control Plan and Mayor and City Clerk should execute said easement instrument. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Delivery of grant of temporary easement to City of Du- buque. Iowa by St. Regis Paper Company dated tite 24th day of August, 1967, be and the same is hereby accepted by the City of Dubuque, Iowa. Section 2. That the City Clerk be and he is hereby ordered to execute the certificate of Clerk affixed to such granting instrument and cause said grant of perpetual easement to be recorded in the office of the Recorder in and for Dubuque County, Iowa, together with this Resolution. Passed, adopted and approved this 5th day of September, 1967. Richard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler Councilmen Attest: Leo F. Frommelt, City Clerk Councilman Pfohl moved adop- tion of the resolution. Seconded b- Councilman Pregler. Carried by the following vote: Yeas — Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None. September 5, 1967 To the Honorable Mayor and City Council Gentlemen: I am returning to you the peti- tion of the Dubuque Community School District dated May 10th re- garding the Table Mound Elemen- tary School. The staff met with school offi- cials and a general understanding was reached that the solution to the problem was through annexa- tion. I recommend that the City Coun- cil approve a resolution authoriz- Adjourned Regular Session, September 5, 1967 439 ing an election to vote on the an- nexation of the area described on the attached written description and also indicated on the attached map. This recommendation is based on: 1. The City will be able to serve the Table Mound School. 2. The area is suitable for de- velopment. 3. The rate at which the area is developing will increase due to the construction of impor- tant highways which traverse it. 4. The area is a direct connector in the direction of the Du- buque Municipal Airport. 5. The area can be served by the extension of City sanitary sewer and water. 8. The area, much of which is presently open and vacant land, should be annexed so that its future development will be orderly and to the best interest of the commun- ity. Respectfully submitted, Gilbert D. Chavenelle, City Manager Mayor Ludwig moved approval of the recommendation. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None. RESOLUTION NO. 278.67 A resolution directing the an- nexation of certain described ter- ritory to be annexed to and be- come a part of the City of Du- buque on the completion of pro- ceedings provided for in Section 362.66 of the 1966 Code of Iowa, as amended, said proposal must be submitted to the voters of the City of Dubuque before final adoption, presented and read. Mayor Ludwig moved that the resolution be placed on file in the office of the City Clerk for public inspection subject to public hear- ing. Seconded by Councilman Preg- ler. Carried by the following vote: Yeas — Mayor Ludwig, Coun- cilmen McCauley, Pfuhl, Pregler, Schultz. Nays—None. RESOLUTION NO. 279-67 WHEREAS, on the 5th day of September, 1965, Resolution No. 27W for the annexation to the City of Dubuque of certain unin- corporated territory described in said Resolution was introduced and proposed to the City Council of the City of Dubuque, Iowa: and WHEREAS, in accordance with the provisions of law, before any such Resolution for annexation of unincorporated territory to the City of Dubuque, may be adopted, a public hearing, pursuant to pub- lished notice, must be held there- on. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Council of City of Dubuque, Iowa, met on the 25th day of September, 1967, at 7:30 o'clock P.M., (Central Day- light Savings Time), in the City Council Chamber, in the City Hall, in the City of Dubuque, Dubuque County, State of Iowa, to consider said Resolution No. 278-67 and to hear all objectors and proponents for such annexation. Section 2. That the City Clerk be and he is hereby authorized and directed to publish notice of such meeting for two consecutive weeks in the Telegraph -Herald, a news- paper of general circulation pub- lished in the City of Dubuque, Iowa in the manner provided by Sec- tion 618.14 of the 1962 Code of Iowa, As Amended. Section 3. 'ri}at said Resolution No 278-67 be placed on file with the City Clerk for public inspec- tion until the time of such meet- ing. Passed, adopted and approved this 5th day of September, 1967. Richard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler Councilmen Attest: Leo F. Frommelt City Clerk Mayor Ludwig moved adoption of the resolution. Seconded by 440 %djourned Regular Session, SeptCHIN r 5, 196 Councilman Pregler. Carried by the following vote: Yeas — Mayor Ludwig, Coun- cilmen MCCauley, Pfohl, Pregler. Schultz. Nays—None. RESOLUTION NO. 280.67 BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the following having complied with the provisions of law relating to the sale of Ciga- rettes within the City of Dubuque, Iowa, be granted a permit to sell Cigarettes and Cigarette Papers within said City. Clyde Bradley, 3275 Central Ave- nue (Transfer from 3198 Central Avenue) BE IT FURTHER RESOLVED that the bonds filed with the ap- plication be approved. Passed, adopted and approved this 5th day of September, 1967. Richard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Pfohl. Carried by the following vote: Yeas — Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. Nays—None. RESOLUTION NO. 281.67 WHEREAS, applications for Beer Permits have been submitted to this Council for approval and the same have been examined: NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the following applica- tions be granted and licenses be issued upon the compliance with the terms of the ordinances of the City. CLASS "B" BEER PERMIT Emma M. Scherer, 1187 Iowa Street Thelma M. Mardauss, 1091 White Street Leona R. Friedman, 620 East 16th Street Michael F. Pusateri, 1292 Main Street Francis T. Kohl. 1700 Central Av- enue John Cavanaugh, 698 Central Av- enue Cyril Meitl, 1555 Central Avenue CLASS "C" BEER PERMIT Walter W. Knoll, 205 Kaufmann Avenue Raymond P. Papin, 2635 University Avenue Passed, adopted and approved this 5th day of September, 1967. Richard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler Councilmen Attest: Leo F. Frommelt, City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Mayor Ludwig. Carried by the fol- lowing vote: Yeas — Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None, RESOLUTION NO. 282.67 WHEREAS, applications for Beer Permits were filed by the within named applicants and they have received the approval of this Coun- cil, and WHEREAS, the premises to be occupied by such applicants were inspected and found to comply with the ordinances of this City and they have filed proper bonds: NOW THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the Manager be and he is hereby di- rected to issue to the following named applicants a Beer Permit. CLASS "B" BEER PERMIT Emma M. Scherer, 1187 Iowa Street Thelma F. Mardauss, 1091 White Street Leona R. Friedman, 620 East 16th Street Michael F. Pusateri, 1292 Main Street Francis T. Kohl, 1700 Central Av. enue John Cavanaugh, 698 Central Av. enue Adjourned Regular Session, September 5, Ni-. 441 Cyril Meal, 1555 Central Avenue CLASS "C" BEER PERMIT Waller W. Knoll, 205 Kaufmann Avenue Raymond P. Papin, 2635 University Avenue 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 September, 1967. Richard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler Councilmen Attest: Leo F. Frommelt, Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Pfohl. Carried by the following vote: Yeas — Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None. RESOLUTION NO. 283-67 WHEREAS, applications for I.iq- uor Permits have been submitted to this Council for approval and the same have been examined, NOW THEREFORE Be It Re- solved, by the City Council of the City of Dubuque, Iowa, that the following applications be granted and licenses issued upon the com- pliance with the terms of the IOWA LIQUOR CONTROL ACT— CHAPTER 123—as amended by the 60th General Assembly, 1963. CLASS "C" COMMERCIAL ESTABLISHMENT John Cavanaugh, 698 Central Ave- nue: American Veterans of World War I1 and Korea Post #3, 429 Main Street Thelma F. Mardauss, 1091 White Street Passed, adopted and approved this 5th day of September, 1967. Richard Ludwig Mayor M. Sylvester !McCauley Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler Councilmen Attest: Leo F. Frommelt City Clerk •t►_ Councilman Pregler moved adop- tion of the resolution. Seconded by MevOr Ludwig Carried by the fol. lowing vote Yeas — Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. Nays—None. RESOLUTION NO. 28467 WHEREAS, applications for Liq- uor Permits were filed by the within named applicants and they have received the approval of this Council, and WHEREAS, the premises to be occupied by such applicants were inspected and found to comply with the State Law and all City ordinances relevant thereto and they have filed proper bonds; NOW THEREFORE Be It Re- solved by the City Council of Du- buque, Iowa, that the Manager be authorized to cause to he issued to the following named applicants a Liquor Permit. CLASS "C" COMMERCIAL ESTABLISHMENT John Cavanaugh, 698 Central Ave- nue American Veterans of World War 11 and Korea Post #3, 429 Main Street Thelma F. Mardauss, 1091 White Street Passed, adopted and approved this 5th day of September, 1967. Richard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler Councilmen Attest: Leo F. Frommelt City Clerk Mavor Ludwig moved adoption of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas —Mayor Ludwig, Coun cilmen McCauley, Pfohl, Pregler, Schultz. Nays—None. Councilman Pfohl moved that the City Solicitor issue or cause to be issued an opinion to the Du. buque City ch aP- po nted Boards, Commissions, ons, Au- areect thorities, Committees Senate bFile to anti -secrecy law, 536. Seconded by Councilman 442 Adjourned Regular Session, Septemlx•r 5, V)(il Schultz. Carried by the following vote: Yeas — Mayor Ludwig, Coun- cilmen McCauley, Pfohl. Pregler, Schultz. Nays—None. There being no further business Councilman McCauley moved to adjourn. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. Nays—None. Leo F. Frommelt City Clerk Approved .. janq>:lry....15--1 Adopted a1anuary ,1 ...... n. �.. r Councilmen Special Session, September 18, 1967 443 CITY COUNCIL OFFICIAL Continental Illinois Nat'l. Bank & Trust CO., 4.0%-3.70%, 32.50. 3.70825 LaSalle National Bank, 3.75%- 3.60%-3.75%, 57.00, 3.70911 Special Session, September 18, White Phillips Co., 3.50%-33'4%, 1967. 43.50, 3,72642 Council met at 12:00 o'clock Carleton D. Bch Co., 33'4%, 231.00. 3.73323 Noon (D.S.T.) First National Bank St. Louis, Present—Mayor Ludwig, Coun• 3,75';x, 16.00, 3.7365 cilmen McCauley, Pfohl, Pregler, Shearson Hammill & Co., 3.80.3.70. Schultz. 0, 3.74219 The Northern Trust Co., 33/4%, 20.00, 3.74854 VanKampen, Wauterlek & Co., 41/4- 3.70%, 76.00, 3.7485843 T. Nelson O'Rourke Inc., 4%-3.- 80%, 171.50, 3.844718 G. L. Reasor, 5%, 410.00, 4.97 City Manager Gilbert D. Chav- enelle. Mayor Ludwig read the call and states that service thereof had been duly made and this meeting is called for the purpose of adopting called for the purpose of adopting; a "Resolution Providing for the RESOLUTION NO. 285.67 Sale and Award of $190,000 RESOLUTION providing for the Fire Station Bonds and Ap- sale and award of $190,000 Fire proving and Authorizing the Station Bonds and approving and Agreement of such Sale and authorizing the agreement of Award" such sale and award. and acting upon such other business WHEREAS notice of sale of Fire as may properly come before a Station Bonds of the City of Du - regular meeting of the City Coun- huque, in Dubuque County, Iowa, cil• in the amount of $190,000, has Proof of Publication, certified to heretofore been given in strict by the Publisher, of notice of sale compliance with the provisions of of $190,000 Fire Station Bonds City Chapter 75 of the Code of Iowa by of Dubuque, Iowa, presented and publication of notice for two or read. Councilman Pregler moved more successive weeks in a news - that the proof of publication be paper published and of general received and filed. Seconded by circulation in Dubuque County; Councilman Schultz. Carried by the and following vote: WIJEREAS all scaled bids have Yeas — Mayor Ludwig, Council- been received and placed on file, men McCauley, Pfohl, Pregler. after which open bids were called Schultz. for and received, the highest of Nays—None. which open bids was as follows: Oral bids were called for on the bid submitted by none consist - three different calls and after no ing of par and accrued interest oral bids were made Mayor Ludwig plus a premium of $-0-, with the moved that oral bidding be closed bonds maturing in the years -0- to and the Clerk proceed to Opel, -0-, inclusive, bearing interest at sealed bids. Seconded by Council- the rate of -0- per cent (-0-%) per man Pfohl. Carried by the follow- annum, and the bonds maturing in ing vote: the years -0- to -0-, inclusive, bear - Yeas — Mayor Ludwig, Council- ing interest at the rate of -0- per cent (41%) per annum; and there - men McCauley, Pfohl, Pregler, after such sealed bids were opened, Schultz. Nays—None. the substance of the best reale The following sealed bids were bid being as follows: the bid sub - opened and readmitted by First National Bank, Du. Purchaser, Coupon Rates, Prem buque'Iowa consisting of par and ium, Effective Rate accrued interest plus a premium of First National Itank. Dubuque, $-0- with the bomaturing in nds Iowa, 3.80%, U, 3.6U% the years 1970 to 1977, inclusive, Other Bidders: hearing interest at the rate of Three and sixty hundredths per Commerce 'frust Company, 3.70%, cent (3605c) per annum, and the 9.00, 3.69934 -142 Adjourned He Alar Session, Septern1wr 5, 1%7 Schultz. Carried by the following vote: Yeas — Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler. Schultz. Nays—None. There being no further business Councilman McCauley moved to adjourn. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. Nays—None. Leo F. Frommelt City Clerk Approved ..Ja4.iu4>ry.... 1,5..1s Adopted Januar Y....lS......ls.�. r�m Councilmen Attest... " "`"" ................. Spacial Session, September 18, 1967 4433 (ITY (OUNCIL OFFICIAL Special Session, September 18, 1967. Council met at 12:00 o'clock Noon (D.S.T.) Present — Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. City Manager Gilbert D. Chav- enelle. Mayor Ludwig read the call and stated that service thereof had been duly made and this meeting is called for the purpose of adopting called for the purpose of adopting a Continental Illinois Nat'l. Bank & Trust Co., 4.0%-3.70%, 32.50, 3.70825 LaSalle National Bank, 3.75%. 3.60%-3.75%, 57.00, 3.70911 White Phillips Co., 3.50176-3314%, 43.50, 3,72642 Carleton D. Beh Co., 33/4%, 231.00, 3.73323 First National Bank St. Louis, 3.75%, 16.00, 3.7365 Shearson Hammill & Co., 3.80-3.70, 0, 3.74219 The Northern 7%ust Co., 33/4%, 20.00, 3.74854 VanKampen, Wauterlek do Co., 04- 3.70%, 76.00, 3.7485843 T. Nelson O'Rourke Inc., 4%-3.- 80%, %-3:80%, 171.50, 3.844718 G. L. Reasor, 5%. 410.00, 4.97 "Resolution Providing for the Sale and Award of $190,000 Fire Station Bonds and Ap- proving and Authorizing the Agreement of such Sale and Award" and acting upon such other business as may properly come before a regular meeting of the City Coun- cil. Proof of Publication, certified to by the Publisher, of notice of sale of $190,000 Fire Station Bonds City of Dubuque, Iowa, presented and read. Councilman Pregler moved that the proof of publication be received and filed. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None. Oral bids were called for on three different calls and after no oral bids were made Mayor Ludwig moved that oral bidding be closed and the Clerk proceed to open sealed bids. Seconded by Council- man Pfohl. Carried by the follow- ing vote: Yeas — Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None. The following sealed bids were opened and read. Purchaser, Coupon Rales, Prem ium, Effective Rate First National Bank, Dubuque. Iowa, 3.60%n, 0. 3.60`16 other Bidders: Commerce Trust Company, 3.70%, 9.00, 3.69934 RESOLUTION NO. 29567 RESOLUTION providing for the sale and award of $190,000 Fire Station Bonds and approving and authorizing the agreement of such "ie and award. WHEREAS notice of sale of Fire Station Bonds of the City of Du- buque, in Dubuque County, Iowa, in the amount of $190,000, has heretofore been given in strict compliance with the provisions of Chapter 75 of the Code of Iowa by publication of notice for two or more successive weeks in a news- paper published and of general circulation in Dubuque County; and WHEREAS all sealed bids have been received and placed on file, after which open bids were called for and received, the highest of which open bids was as follows: the bid submitted by none eonelet• ing of par and accrued Interest plus a premium of $4, with the bonds maturing in the years 4 to -0-, inclusive, bearing interest at the rate of -0- per cent (-0-%) per annum, and the bonds maturing in the years -0- to -0-, inclusive, bear. ing interest at the rate of -0- per cent (4%) per annum; and there- after such sealed bids were opened, the substance of the best sealed bid being as follows: the bid sub- mitted by First National Bank, Du- buque, Iowa consisting of par and accrued interest plus a premium of $-0- with the bonds maturing in the years 1970 to 1977, inclusive, hearing interest at the rate of Three and sixty annum dths the the (3.60%) per 444 Special Session, Scptcrnbe•r 18. 1967 bonds maturing in the years -0- to -0-, inclusive, bearing interest at. the rate of -0- per cent (-0•%) per annum: NOW, THEREFORE, Be It Re- solved by the City Council of the City of Dubuque, Iowa, as follows: Section 1. That upon being ad• vised in the premises it is hereby determined that the bid of First National Bank, Dubuque, Iowa for the purchase of said Fire Station Bonds, as advertised, is the highest and best bid received and that said bonds, bearing interest at the rate specified in the preamble here- of, be and the same are hereby awarded to said First National Bank, Dubuque, Iowa, Section 2. That the form of agreement of sale of said bonds to First National Bank, Dubuque, Iowa be and the same is hereby ap- proved, and the Mayor and City Clerk are hereby authorized to execute said agreement for and on behalf of the City of Dubuque, Iowa, and to affix the corporate seal of said City thereto. Section 3. That all resolutions or parts of resolutions in conflict herewith be and the same are hereby repealed. Passed and approved September 18, 1967. Richard Ludwig Mayor Attest: Leo F. Frommelt City Clerk Yeas — Mayor Ludwig, 000n- rilmen McCauley, Pfohl, Pregler, Schultz. Nays—None. Leo F. Frommelt City Clerk Approved .J8riAPTY.... 15 ... 1968 Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. Nays—None. Councilman Schultz moved that the bid checks be returned to the unsuccessful bidders. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. Nays—None. There being no further business Councilman McCauley moved to adjourn. Seconded by Councilman Schultz. Carried by the following; vote: Adopted ,j P4l T .....................................Clerk .. . VV. Special Session, September 20, 1%7 445 CITY COUNCIL (OFFICIAL) election returns of the SPECIAL MUNICIPAL. ELECTION FIRE STATION BOND PROPOSITION, held on September 19, 1967, and herewith submit the report of such canvass on the following pro - Special Session, September 20, position: 1968. Shall the following public meas - Council met at 4:30 P.M. (D.S.T.) ure be adopted? Present—Mayor Ludwig, Council- Shall the City of Dubuque, Iowa. men McCauley, Pfohl, Pregler, construct a new fire station at City Manager Gilbert D. Chaves• the corner of 9th Street and elle. Central Avenue in said City and Absent --Councilman Schultz, contract indebtedness for such Mayor Ludwig read the call and purpose not exceeding $50,000 stated that service thereof had and issue bonds for such pur- been duly made and this meeting pose not exceeding $500,000 and is called for the purpose of adopt- levy a tax annually upon the tax- ing a Resolution canvassing and de- able property in said City of claring the results of the Fire Sta- Dubuque not exceeding one mill tion Bond Election and acting upon per annum for the payment of such other business as may proper- such bonds and the interest ly come before a regular meeting thereon? of the City Council. VOTES RECEIVED Proof of Publication, certified Yes 3625; No 2686; Defective 25 to by the Publisher, of Mayor's Total 6336-57.44`7, Proclamation and Notice of Elec. Respectfully submitted, tion Fire Station Bonds (9th & Cen. Richard Ludwig tral), presented and read. Council. Mayor man Pregler moved that the proof Leo F. It of publication be received and City Clerk Councilman Pregler moved that filed. Seconded by Councilman Me Cauley. Carried by the following the canvass be received and made vote: a matter of record. Seconded by Councilman McCauley. Carried by Yeas — Mayor Ludwig, Coun the following vote: cilmen McCauley, Pfohl, Pregler. Nays—None. Yeas —Mayor Ludwig, Coun• cilmen McCauley, Pfohl, Pregler. Absent—Councilman Schultz. Nays—None. Proof of Publication, certified to Absent --Councilman Schultz. by the Publisher, of OFFICIAL. BALLOT, CITY OF DUBUQUE RESOLUTION NO. 286.67 SPECIAL ELECTION, September RESOLUTION canvassing and 19, 1967. presented and read. Ma- declaring the results of a Fire yor Ludwig moved that the proof Station Bond Election. of publication be received and WHEREAS this City Council did filed. Seconded by Councilman Mc- heretofore, at a regular meeting Cauley. Carried by the following on August 23. 1967, order that at vote: a special municipal election to be Yeas — Mayor Ludwig, Coun• held in and for the City of Du- cilmen McCauley, Pfohl, Pregler. buque, Iowa, on September 19, Nays—None. 1967, there be submitted to the Absent—Councilman Schultz. qualified electors of said City the September 20, 1967 following proposition: To the Members of the Shall the City of Dubuque, Iowa, construct a new fire sta- City Council tion at the corner of 9th Street Gentlemen: In accordance with the provi- and Central d contract indebtedness sions of Section 50.21 of the 1966 City sc not exceeding Code of Iowa please be advised for such purpose issue bonds for that on September 20, 1967, we, $�' purpose nut exceeding Mayor and Leo F. such pure Richard Ludwig, and levy a tax annual- Frommelt, Clerk, of the City of Y opo the taxable property Dubuque, Iowa, du hereby certify y A the in said City of I)ubuque not ex - that we publicly canvass, 446 Special Session. Septc rnher 20, 1967 seeding one mill per annum for the payment of such bonds and the interest thereon? and WHEREAS the election on said proposition was duly and legally held and the returns thereof have been certified and filed with this City Council and duly canvassed; NOW, THEREFORE, Be It and It Is Hereby Resolved by the City Council of the City of Dubuque, Iowa, as follows: Section 1. That it is hereby found and declared that the elec- tion on the following proposition: Shall the City of Dubuque, Iowa, construct a new fire sta- tion at the corner of 9th Street and Central Avenue in said City and contract indebtedness for such purpose not exceeding $500,000 and issue bonds for such purpose not exceeding $500,000 and levy a lax annual- ly upon the taxable property in said City of Dubuque not exceeding one mill per annum for the payment of such bonds and the interest thereon? was unfavorable thereto, that the total number of affirmative votes on said proposition at said election was not equal to or more than sixty per cent (60%) of the total number of votes cast for and against said proposition at said election, that a record of the ag- gregate ballots cast on said proposi- tion is hereby made as follows: Blank or For Against Spoiled 3,625 2,686 25 and that a record of the votes cast by precincts on said proposition is hereby made as follows: Blank or Pre- Defec. cincts "Yes" "No" tive Total First 437 257 5 692 Second 344 197 1 542 Third 109 72 1 182 Fourth 114 69 0 183 Fifth 229 119 0 348 Sixth 409 297 2 708 Seventh 68 39 3 110 Eighth 119 69 1 189 Ninth 72 fit 0 133 Tenth 195 133 1 329 Eleventh 297 245 3 545 Twelfth 86 83 0 169 Thirteenth 150 205 0 355 Fourteenth241 201 4 446 Fifteenth 196 206 0 402 Sixteenth 566 433 4 1003 Section 2. That the total num- ber of persons voting at said elec- tion as shown by the registration lists was 6,336. Section 3. That all resolutions and orders or parts thereof inso- far as same may he in conflict herewith, are hereby repealed and this resolution shall become effec. tive immediately. Passed and approved September 20, 1967. Recorded September 20, 1967. Richard Ludwig, Mayor Attest: Leo F. Frommelt, City Clerk (SEAL) Councilman McCauley moved ad- option of the resolution. Seconded by Mayor Ludwig. Carried by the following vote: Yeas -- Mayor Ludwig, Council- men McCauley, Pfohl, Pregler. Nays—None. Absent—Councilman Schultz. Councilman Pregler moved that the judges and clerks that worked at the polls for the Fire Station Election be paid according to law. Seconded by Councilman Pfohl. Carried by the following vote: Yeas — Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler. Nays—None. Absent—Councilman Schultz. Proof of Publication, certified to by the Publisher, of Notice of tak- ing bids for the construction of fire station No. 2 located on John F. Kennedy road in the City of Dubuque, Iowa, presented and read. Councilman Pregler moved that the proof of publication be re- ceived and filed. Seconded by Councilman Pfohl. Carried by the following vote: Yeas -- Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler. Nays—None. Absent—Councilman Schultz. RESOLUTION NO. 287-67 Resolution providing for the Award of Contract for the con- struction of Fire Station No. 2 on John F. Kennedy Road in the City of Dubuque, Iowa. WHEREAS, pursuant to notice published in the manner and form required by law, bids and pro- PoSals were received by the City Council on September 14, 1967, for the construction of Fire Station Slx,cial Session, September 20. 1%7 447 No. 2 on John F. Kennedy Road in and for the City of Dubuque, Iowa, together with necessary accessories and appurtenances all in accord- ance with the plans and specifica- tions therefor prepared by Dur- rant, Deininger, Dommer, Kramer, Gordon Architects & Engineers, and filed with the City Clerk on the 18th day of August, 1967; and WHEREAS, all of said bids and proposals have been carefully con- sidered and it is necessary and ad- visable that provisions be made for the award of respective contracts for the construction of said Fire Station No. 2. NOW THEREFORE AND IT IS HEREBY RESOLVED by the City Council of the City of Dubuque, Iowa, as follows: Section 1. That the Fire Station No. 2 located on John F. Kennedy Road in the City of Dubuque, Du- buque County, Iowa, referred to in the preamble hereof be and the same is hereby ordered con structed. Section 2. That it is hereby found, determined and declared that the bid of C. J. Droessler of Kieler, Wisconsin, for the general contract in the amount of $119,- 696.00, and Alternate 1C in the amount of $350.00, that the Alter. nate 1D in the amount of $390.00, and Alternate 1E in the amount of $3,000.00; that the bid of Conrad Plumbing & Heating of Dubuque, Iowa, in the amount of $11,970.00 for the plumbing work; that the bid of Geisler Bros., Dubuque, Iowa, in the amount of $8,706.00 for the heating and ventilation work; and that the bid of Westphal & CO., Inc., Dubuque, Iowa, in the amount of $11,800.00 for the elec- trical work, all of which bids have been submitted in connection with the construction of Fire Station No. 2 located on John F. Kennedy Road in the City of Dubuque. Du. buque County, Iowa, as provided for in the plans and specifications referred to in the preamble hereof are the respective lowest, respon- sible bids received and that each of them is hereby accepted. ....Section 3. That it is hereby found, determined and declared that the respectivebids accepted in the preceding section Resolution are fully responsive tc the original plans and specifica- 1T- tions for said Fire Station No. 2 as prepared by Durrant, Deininger, Dommer. Kramer, Gordon Archi- tects & Engineers as referred to in the preamble hereof and as on file with the City Clerk on the 18th day of August, 1967. Section 4. That the City Manager and City Clerk are hereby author- ized and directed to execute the respective contracts for and on be- half of the City of Dubuque with the respective above named con- tractors for the construction of said Fire Station No. 2, in the amounts hereinabove stated and to affix the corporate seal of said City to each of said contracts and said respective contracts to be in the form provided in the plans and specifications referred to in the preamble hereof. Section S. That the certified checks of all unsuccessful bidders be and the same are hereby order- ed returned to such bidders. Section 6. That all Resolutions and orders or parts thereof in con- flict herewith be and the same are hereby repealed to the extent of such conflict. Passed and approved this 20th day of September, 1967. Richard Ludwig Mayor M. Sylvester McCauley Eldon A. Pfohl Walter A. Pregler Councilmen Attest: Leo F. Frommelt, City Clerk Mayor Ludwig moved adoption of the resolution. Seconded by councilman Pregler. Carried by the following vote: Yeas — Mayor Ludwig, Council- men McCauley, Pfohl, Pregler. Ways—None. Absent—Councilman Schultz. RESOLUTION N0. 288.67 WHEREAS, applications for Beer Permits have been submitted tte the this Council for app same have been examined: NOW THEREFORE, BE IT RESOLVED by theCit t Council of the City Dubuque, lic Iowa, that the a following PP tions be granted and licenses be issued upon the compliance with the terms of the ordinances of the City. 445 Special Session, September 20, 1967 CLASS "C" BEER PERMIT Thomas A. Oeschger, 815 West 5th Street. Passed, adopted and app roved this 20th day of September, 1967. Richard Ludwig Mayor M. Svlvester McCauley Eldon A. Pfohl Walter A. Pregler Councilmen Attest: Leo F. Frommelt, City Clerk Councilman Pfohl moved adop- tion of the resolution. Seconded by Mayor Ludwig. Carried by the fol- lowing vote: Yeas — Mayor Ludwig, Cound - men McCauley, Pfohl, Pregler. Nays—None. Absent—Councilman Schultz. Absent—Councilman Schultz. There being no further business councilman McCauley moved to ad- journ. Seconded by Councilman Pfohl. Carried by the following vote: Yeas — Mayor Ludwig, Council- men McCauley, Pfohl, Pregler. Nays — None. Absent — Councilman Schultz. Leo F. Frommelt, City Clerk Approved Janu&ry... 15....19.0 RESOLUTION NO. 289.67 WHEREAS, applications for Beer Permits were filed by the within named applicants and they have received the approval of this Coun. cil; and WHEREAS, the premises to be occupied by such applicants were inspected and found to comply with the ordinances of this City and they have filed proper bonds: NOW THEREFORE, BE IT RE. SOLVED by the City Council of the City of Dubuque, Iowa, that the Manager be and he is hereby di- rected to issue to the following named applicants a Beer Permit. CLASS "C" BEER PERMIT Thomas A. Oeschger, 815 West 5th Street BE IT FURTHER RESOLVED that the bonds filed by such ap- plicants be and the same are here- by approved. Passed, adopted and approved this 20th day of September, 1967. Richard Ludwig Mayor M. Sylvester McCauley Eldon A. Pfohl Walter A. Pregler Councilmen Attest: Leo F. Frommelt, City Clerk Cauncilman Pfohl moved adop- tion of the resolution. Seconded by Mayor Ludwig. Carried by the fol- lowing vote: Yeas — Mayor Ludwig, Council. men McCauley, Pfohl, Pregler. Nays --None. January. 15 19.68 Adopted % ............... ... C-X`.1llwL.t . ...... ...:.. ......... W ... ............ ................ ... ...Vic' .�........ Councilmen City Clerk Special Session, September 15, 1967, 449 CITY COUNCIL OFFICIAL Special Session, September 25, 1967. Council met at 7:30 P.M. (D.S.T.) Present -- Mayor Ludwig, Councilmen McCauley, Pfohl, Pregler, Schultz. City Manager Gilbert O. Chavenelle. Mayor Ludwig read the call and stated that service thereof had been duly made and this meeting is called for the purpose of con- ducting a public hearing on Reso- lution No. 278-67, proposing the annexation of certain unincorpo- rated territory to the City of Du- buque, and acting upon such other business as may properly come before a regular meeting of the City Council. Communication of University of Iowa, advising of the Urban Pol- icy Conference to be held on the Iowa Campus October 26th to 28th, presented and read. Councilman Pregler moved that the communi cation be referred to the City Man- ager. Seconded by Mayor Ludwig. Carried by the following vote: Yeas — Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler. Schultz. Nays—None. Communication of Postmaster Charles J. Murphy thanking Coum Gilman McCauley for being in at- tendance at the National Postal Forum as a representative of the Council, presented and read. Ma- yor Ludwig„ moved that the com- munication be received and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Ludwig, ('nun- cilmen McCauley, Pfohl, Pregler, Schultz. Cauley. Carried by the following vote: Yeas — Mayor Ludwig, Coun- cilmen McCauley. Pfohl, Pregler, Schultz. Nays --None. September 15, 1967 To the Honorable Mayor and City Council Gentlemen: I am returning to you the peti- tion for street lighting on Valen- tine Drive. The area has been investigated by the Electrical Inspector, It is recommended that 175 watt mercury vapor lights be installed at the following locations: 1. On the north side of the inter- section of Fremont and Valentine Drive. 2. On the north side of Fremont, mid way between Valentine and Kelly Lane. 3. On the easement between Lots 3 and 4, Block 3; Pioneer Hills Sub., or the west side of the inter- section of Valentine and Cody Drive. Respectfully requested, Gilbert D. Chavenelle, City Manager Nays—None. Communication of Vulcan Devel- opment Corporation requesting a new option on Lot 3. Bloc14, and iv erfront Sub. No. 3, presented read. Councilman Pregler moved that the request be referred to the City Sulicitor for proper proceed- ings. Seconded by Councilman Me- N-- - Councilman McCauley moved ap- proval of the recommendation. Sec- onded by Councilman Schultz. Car- ried by the following vote: Yeas — Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays — None. September 14, 1967 To the Honorable Mayor and City Council Gentlemen: you the peti- tionam returning to y tion for a street. light at Prince Street and Fast 22nd. The area has been investigated and it is recommended that one 4000 lumen incandescent street light be i Respech is location. tfullyrequested, Gilbert D. Chavenelle, City Manager Mayor Ludwig moved approval of the Manager's recommendation. Seconded by Councilman McCau- ley. Carried by the following vote; Yeas — Mayor Ludwig' � counciPregler, men McCauley, Schultz. Nays --None. 450 Special Session, September 25, 1S!67, September 25, 1967 To the Honorable Mayor and City Council Gentlemen: I submit to you a letter from Mr. Russo about the claim of Stephen Althaus who was injured in the 1967 flood operation. I recommend that the claim be settled according to Mr. Russo's recommendation and that the ex- pense be charged to the 1967 Emer. gency Flood Account. Respectfully, Gilbert D. Chavenelle City Manager Councilman Pfohl moved that the recommendation of the City Manager and City Solicitor be ap- proved and the Auditor instructed to issue a warrant payable to Emil F. Althaus, in the amount of $1500 and transmit same to the City At- torney for delivery. Seconded by Councilman McCauley. Carried by the following vote: Yeas — Mayor Ludwig, Coun- cilmen McCauley. Pfohl, Pregler, Schultz. Nays—None. September 21, 1967 Mr. Gilbert Chavenelle City Manager Re: Stephen Joseph Althaus 2020 Green Street. Dubuque, Iowa Dear Mr. Chavenelle: As you will recall, Stephen Jo- seph Althaus of 2020 Green St., Dubuque, Iowa, was engaged in flood protection work for the Cite on April 11, 1967, during which time he was the victim of an assault and battery by a third per- son, who was an interloper. Stephen at that time was a minor aged 17 years and residing with his father, Emil F. Althaus. That said minor suffered exten- sive injuries and this matter was referred to me. for the purpose of determining whether or not our insurance coverage would cover this lad as to this incident. You will recall that I orally advised you that the insurance company took the position that there was no cov erage of this type of event. You will also recall that I spoke to you concerning our approach- ing this claim from a Workmens Compensation standpoint and I in- vestigated that aspect of it and re. ported back to you that our com- pang felt it could only pay after this matter was submitted to the Industrial Commission. At about that time you directed me to negotiate with Mr. Althaus directly. I am enclosing herewith itemized statements for profession• al services rendered said minor which total $1358.75. Said itemiza. tion does not cover expense of travelling and lodging and nursing care. I have conferred with Mr. Alt - haus and he is willing to accept the sum of $1500.00 in full settle- ment of his son's claim. I repeat to you that in my view, there is no legal liability to pay this debt, however, I feel that there is a strong, compelling moral ob- ligation to pay this claim in view of the fact that this lad was render. ing voluntary services for the City of Dubuque at a critical time. Therefore, it is my recommenda- tion that Mr. Althaus' offer to settle the claim and on behalf of Stephen Joseph Althaus in the total amount of $1500.00 be ac- cepted. I would appreciate that the at- tached medical statements be re- turned to Mr. Emil F. Althaus of 2020 Green Street, Dubuque, Iowa, without delay after your office has made copies of same as he needs them for his records. Respectfully submitted, R. N. Russo, City Attorney September 18, 1967 Honorable Mayor and City Council Re: Irene B. Fransen Gentlemen: 1815 Garfield Avenue On August 12, 1966, Irene B. Fransen, filed an action in the District Court and served notice on the City of said suit claiming damages in the amount of $7,500.00 for injuries allegedly received and suffered on February 9, 1965, as the result of a fall on a public sidewalk at the southeast corner Of 12th & Central in the City of Dubuque, claiming and alleging a defective condition thereat. I have made an investigation of this matter and have entered the appropriate pleadings on behalf of the City and that the plaintiff has made an offer of settlement in the amount of $1,143.50. It is the recommendation of the City Attor- ney that said offer of settlement Special Session, September 25, 1967 451 IV accepted and that the City Aud- itor be directed to issue a warrant payable to Irene B. Fransen in the amount of $1,143.50 and transmit same to the City Attorney for de- livery to the plaintiff upon receipt of duly executed release and dis- missal of said cause with prejudice, and the City Auditor should issue a warrant payable to the Clerk of the District Court in the amount of $18.50 covering court costs of said action. Original petition with notice of suit is herewith attached. Respectfully submitted, R. N. Russo. City Attorney Councilman Pregler moved that the recommendation of the City At- torney be approved. Seconded by Councilman Pfohl. Carried by the following vote: Yeas — Mayor Ludwig, Council- men McCauley, Pfohl, Pregler. Schultz. Nays — None. September 18, 1967 Hon. Mayor & City Council Re: Joseph T. Felton 1790 Key Way Drive Gentlemen: On August 31, 1967, Joseph T. Felton, filed claim against the City of Dubuque in the amount of $13.79 claiming damages to his mo- tor vehicle as a result of being struck by a City owned vehicle. I have made an investigation of this matter and referred same to the appropriate City Agency who has advised me that payment of said claim has been made. In view of the foregoing it is the recommendation of the City Attorney that the foregoing claim be denied. Original claim is attached here. to. Respectfully submitted, R. N. Russo City Attorney as the result of a backed -up sewer at 1625 S. Grandview, on no spe- cific date mentioned, presented and read. Councilman Pregler moved that the notice of claim be referred to the City Solicitor for investigation and report. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Mayor Ludwig. Coun- cilmen McCauley, Pfohl, Pregler, Schultz. Nays—None. Mayor Ludwig moved that the recommendation of the City At- torney be approved. Seconded by Councilman McCauley. Carried by the following vote: Yeas — Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. Nays—None. Notice of claim of Dan Diamond, in the approximate amount of $13.00, to cover expense incurred ORDINANCE NO. 47.67 An Ordinance Amending and Changing Ordinance No. 3.34 known as the Zoning Map and Zoning Ordinance of the City of Dubuque so as to change certain property hereinafter described in (Westchester Sub.) from "Single Family Residence District" Class- ification to "Local Business 'B' District" Classification, and re- pealing Ordinance No. 33.67, presented and read. Councilman Pfohl moved that the reading just had be considered the first reading of the Ordinance. Seconded by Councilman McCau- ley. Carried by the following vote: Yeas — Mayor Ludwig, Council- men McCauley, Pfohl, Pregler. Schultz. Nays—None. Councilman Pfohl moved that the rule requiring an ordinance to be read on three separate days be waived. Seconded by Council. man McCauley. Carried by the fol- lowing vote: Yeas — Mayor Ludwig, Council- men McCauley. Pfohl, Pregler, Schultz. Nays — None. Councilman Pfohl moved that a public hearing be held on the Ord- inance on November 6, 1967 at 7:30 P.M. (C.S.T.) in the Council Chamber at the City Hall and that the City Clerk be instructed to pub. lish notice of the hearing in the manner required by law. Seconded by Councilman McCauley, Carried by the following vote: Yeas — Mayor Ludwig, hlg, Council - Yeas man McCauley, Schultz. lays -- None. ORDINANCE NO. 48-67 An Ordinance amending ing Ordi- .an,. No. 26.49 by Section 1 thereof and enacting 452 Special Session, September 25, JW7 a new Section 1 in lieu thereof to provide for staggered terms of the members of the play- ground and Recreation Commis- sion of the City of Dubuque, Iowa, presented and read. Councilman Pregler moved that the reading just had be considered the first reading of the Ordinance. Seconded by Councilman McCau- ley. Carried by the following vote: Yeas — Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. Nays—None. Councilman Pregler moved that the rule requiring an Ordinance to be read on three separate days be waived. Seconded by Mayor Ludwig. Carried by the following vote: Yeas — Mayor Ludwig, Coun cilmen McCauley, Pfohl, Pregler, Schultz. Nays—None. ORDINANCE No. 4647 AN ORDINANCE AMENDING ORDI• TIONE THEREOF ANDENACTINGSRI- TION SECTION 1 IN LIEU THEREOF TO PROVIDE FOR STAGGERED TERMS OF THE MEMBERS OF THE PLAY- GROUND AND RECREATION COM MISSION OF THE CITY OF DUBUQUE, IOWA. EDOBY THE THEREFORE COUNCIL IT OFDTHE CITY OF DUBUQUE, IOWA: Section 1. That Ordinance No. 26.49 be and the same is hereby amended by re - prating Section 1 and enacting a new Section 1 in lieu thereof as follows: "COMMISSION CREATED, blonttherosothtehereycreaed there ois be known as Playground and Recreation Commission of the City of Dubuque of entative members consisting Boardtiof Educationprof it)b que, apendent representative ative hool District ofParro- chief School System, the City Manager, as ex -officio members, together with four citizen members, at least two of whom shall be women, all of whom shall serve without compensation. The mem• bars he they Council shall be appointed by the City Council and for the term of one year for two members, for the term of two Years for two members and for the term of three years for two members. When avacancy occurs on 'Lich Commission It shall be filled by thus CAppointed clshity hall besuappo appointed to fill only the unexpired term of the member in whose place he has been ap• rointed. The City Manager shall be a of hiserofficeand such Che mhello exerby virtue se duties with reference fo playground and recreational facilities as are by law imposefilm Passedd Upon and approved this 25th day of September, 1967. Rlch6rd Ludwig Mayor M. SYlvester McCauley Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler Attest: Leo F. Fro Councilmen Publlshe I City cfI Clerk akly in The Telegraph - Herald Newspaper this 28th day of Sep- tember 1967. Leo F. Frommelt it. 9.28 City Clerk. 1 Councilman Pregler moved final adoption of the Ordinance. Second ed by Councilman Schultz. Carried by the following vote: Yeas — Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. Nays --None. ORDINANCE NO. 49.67 An Ordinance Vacating a Por- tion of Ridge Road described and known as Lot 5A, Block 4, Met- tel•Link addition in the City of Dubuque, Iowa, and vacating the easements for Public utilities, and vacating Regis Court, presented and read. Councilman Pregler moved that the reading just had be considered the first reading of the Ordinance. Seconded by Councilman McCau. lev. Carried by the following vote: Yeas -- Mayor Ludwig, Council. men McCauley, Pfohl, Pregler. Schultz. Nays — None. Councilman Pregler moved that the rule requiring an Ordinance to be read on three separate days be waived. Seconded by Councilman McCauley. Carried by the following vote: Was — Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays --None. Councilman Pregler moved that a public hearing be held on the Ordinance on November 6, 1967 at 7:30 P.M. (C.S.T.) in the Council Chamber at the City Hall and that the City Clerk be instructed to pub- lish notice of the hearing in the manner required by law. Seconded by Councilman Pfohl. Carried by The following vote: Yeas -- Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None. ORDINANCE NO. 50.67 An Ordinance providing for the issuance of $190,000 Fire Station Bonds of the City of Dubuque, Iowa, and providing for the pay• ment of the principal and in. terest of said bonds, presented and read. Councilman Pregler moved that the reading just had be considered the first reading of the Ordinance. Seconded by Mayor Ludwig. Car- rigid by the following vote: Was -- Mayor Ludwig, Coun. Special ties,,ion. September 25, 1%7 953 cilmen McCauley, Pfohl, Pregler, I Schultz. Nays --None. Councilman Pregler moved that the rule requiring an Ordinance to be read on three separate days be waived. Seconded by Mayor Lud- wig. Carried by the following vote: Yeas — Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. Nays—None. ORDINANCE NO. 5047 AN ORDINANCEProviding for the 'ssuance of S190,OW Fire Station Bonds of the City of Dubuque, Iowa, and Providing for the paymentof the Principal and Interest of said bonds. WHEREAS Pursuant to Chapter 407 of the Code of Iowa the City Council of the city of Dubuque, in Dubuque Coun- ty Iowa, did, by resolution duly adopt- ed on January 23, 1967, call and order n Special alo Cmunicipality ebr�ryon 71. 1967. be 7helld which there was submitted to the voters the proposition of constructing a new fire station on John F. Kennedy Road in said City, and contracting indebt- edness for such purposes not exceedmg S190,0()o and issuing bonds for such purpose not exceeding s190,u:n'1 and levying an annual tax upon the tax- ingkone-hall' of l finealmill Iper annum for the Payment of said bonds and the In- d NEREAS notice of said election and of the submission of said Proposition thereat was duly riven in manner and form required by law and said election on said bond proposition was legally held and conducted on February 21, 1961, and al said election 826a ballots were cast on said Proposition, of which 57% votes were cast "Yes" on said oropo sit {on and 2466 votes were cast No" c. said proposition and no ballots were cast blank or were defectively marked, and It has been and is hereby to antl declared that the vote cast in favor of sold PrOpgsition Was equal to al least sixty ver cent 16040 Of Me totalpro I. votes salt elecast tor ction aandnssa d idpropoS tion nha6 tor haaverbeen ulvnearrirtrAIs heend ad pled a WHEREAS none of said bonds auth- orijed as aforesaid has been Issued and rtee1pt tissuanceatthlts ppnrovldforheof said bond the amount of $190,000end to pro- vide for the Payment of the Principal thereof and Interest thereon as the same will become due; NOW, THER�FORE, Be It Ordained by the City Counc 1 of the City of Dubuque, Iowa, as follows Section 1. That an Indebtedness for and j on behalf of the City of Dubuque, Iowa, in the sum of 5190.000 for the Purpose of constructing a new fire station on John F. Kennedy Road In said City be contracted, and for that Pur se negoti- able couppon bonds of said ,pity In that amount be Issued. That said bonds be each designated as "Fire Station Bond." be from 1 10eight inin clusive number, of utheede' nomination o7788f $5000 each, bear date of September 1'1967, and become due and Pa able In numerical order as follows rear 1970 ande 1971, S25,OW on Decem� her 1 of each of the years 1972 1q 1976, inclusive, and 535,000 on December 1, 1977. Section 2. That all of the bonds of said veld ataltheernte tofrsThtre)e dale drSixty- hundredths ixty- such rr ntterest r brina (3.60"-1 7 �vablerrJuneur I, first day ssrof DecembellY refand r June t In each vent Section 3 That said Interest to the dale of maturity of the Principal shall be evidenced by Proper Interest cou- ppoons I attached to ouch bond and matur. ins1 on the dates hereln urovie ; both princlP.I of said bunds and the nterest thereon shall be payable In tawful money h1a.— %-RW— of the United StahS of America, at the office Of the City Treasurer In the City of Dubuque, Iowa; that said bonds have the seal of sold City affixed thereto and be signed by the Mayor end attested by the City Clerk of said City; and that the coupons attached to said bonds shall be signed and attested by said officials by their resoectivp facsimile signatures and said officials by the execution of paid bonds shall adopt as and for their own Proper signatures their respective facsimile signatures appearing on the said coupons. Section A. That said bonds hereby au- thorized shall be sublect to registration as to Principal In the name of the holder on the books of the City Treasurer, such registration to be evidenced by notation upon the back of such bonds so reg- istered. No bond so registered shall be subiect to transfer except upon such books and similarly noted on the back of the bond so registered, unless the last registration shall have been to bearer. Such registration of any of said bonds shall not, however, affect the ne9otiabil- itv of the coupons attached to said bonds. but such coupons shall continue Section 5. That said bonds and Interest coupons to be thereto attached, shall be in substantially the following form: (Form of Bond) UNITEDSTATE TATES OF A ERICA COUNTY OF DUBUQUE CITY OF DUBUQUE FIRE STATION BOND No. r Y THESE PRES- ENTS, S KNOW •' �s�,�' � d Dubuque, In the County of DUt111 rtd State of Iowa, hereby acknowledges Itself to owe and for value recNved hereby promises to Pay to bearer or If this bond be registered, then to the registered holder hereof, Me um of Five Thousand Dollars 1`55000) on the first day of December, 19 to- gether date With interest Paidatthe'ra e of Three and sixty -hundredths Per cent (360*A per annum, Payable June 1, 1968, and semiannually thereafter on the i first days of December and June n each year, all such Interest as may accrye on and prior to the maturity hereof to be payable only upon Presentation and sur- rendtr of the Interest coupons hereto ..� e,. .� 4— severally become due; money oto Me Unit at he theoffice fofcDubuo This bond Is oar issued by said Ci constructing a new said City in all r with Chanter 407 1966, and all of thereof and sUPP conformity with an approved, recorde pursuant to an noticed and held This bond is 1 as to Princippal holder upon the b urer of said Cit be noted hereon i er which no on such books and shall be valid uni shall have been tC this bond will not of the coupons shall . continy `_.; to 5 of bonds purpose of In and for CA .IPA Special Session, September 25. 1% __ signatures. their yrespective facsimile sig- ast of sthepf rst ndav of sSeptem�beerr. 1%i Mayor Attest: City Clerk (Form of Coupon) No. ' On the first day of ,19 the City of Dubuoue, Iowa, will pay to bear. er Dollars It ) at the office of the City Treasurer Dubuque, Iowa, for Interest due that 88Y on Its Fire Station Bond dated September 1, 1967. No. Mayor Attest: City Clerk On the back of each bond there shall also be endorsed a certificate by the City Treasurer evidencing the registration of the issuance of the bond in substantially the following form:STATE ) COUNTYOFY) 55 DUBUQUE ) The Issuance of this bond has been duty and properly registered in my of- fice. City Treasurer, Dubuque, Iowa On the back of each bond provision shall also be made for registration of ownership in the following form: Signature of Date of Name of City Registration Registered Owner Treasurer Section 6. That said bonds be executed as herein provided as soon after the adoption of this ordinance as may be, and thereupon shall be delivered to the Treasurer of sold City, who shall register the fact of the issuance of same In the book provided for that purpose and shall deliver said bonds to the purchasers thereof, upon receipt of the purchase price, same to be not less than the par value of said bonds, all action heretofore taken In connection with the sale of said bonds being hereby ratified and confirmed in all raspedis. Section 7. That as required by law, In- cluding Chapter 76 o1 the Code of Iowa, 1%6, and for the purpose of providing for the levy and collection of a direct annual tax sufficient to pay the interest on said bonds as It falls due, and also to pay and discharge the principal there- of at matyrity, there be and there is her levied upon all of the taxable property in s,1id C1tY In each of the Years while sad borxis or any of them are outstanding, a tax sufficient for that purpose and In furtherance of this Pro. vision, but not in limitation thereof, there be and there Is hereby levied on all the taxable property In said City the follow- ing direct annual tax- to -wit: For the Ye#.r 1967 a tax sufficient to produce me sum of $8550 for In- terest; J�r the Year 1968 a tax sufficient produce the sum of $6840 for in. tprest; For the Year 1969 a tax sufficient to produce the sum of 1121,840 for Principal and Interest; For the year 1970 a tax sufficient to produce the sum of {21,300 for principal and Interest; or the Year 1971 a tax sufficient to produce the sum of $30,760 for principal and Interest; For the Year 1972 a lax sufficient to produce the sum of 529,860 for Pand interest; For the Year 1973 a tax sufficient 10 produce the sum of $28,960 for principal and interest; For the Year 1971 a tax sufficient to produce the sum of S28.D60 for principal and interest; For the year 1975 a tax sufficient to produce the sum of $27,160 for principal and Interest; or the Year 1976 a tax sufficient 10 produce the sum of 536,260 for principal and Interest. At action heretofore taken for the levy of the taxes herelnbefore provided ecbe tion in 11966 its hereby ratified antl coo- firmed in all respects. Said taxes shall be levied and assessed In addition to all other taxes. and when collected, shall be converted Into a spa tial account for Me payment of grin. cipal and interest of the bonds hereby authorized and for no other purpose whatsoever. That the principal or interest coming due at any time when there are Insuf- ficient funds on hand to pay the same be promptly paid when due from cur rent funds on hand, and reimbursement be made to such current funds In the sums thus advenced when the taxes herein provided shall have been cat le4ted Section 8. That a certified copy of this ordinance be filed with the County Auditor of Dubuque County. and that said Auditor be and he is hereby instructed, in and for each of the Years 1967 to 1976, Inclusive, to enter for collection and assess the tax hereby authorized, all as required and provided by Chapter 76 of the Code of Iowa, 1966. When annually entering said taxes for collec- tion, the County Auditor shall include the same as a part of the tax levy for debt service fund purposes of said Cit Y, and when collected, the proceeds of said taxes shall be converted into the debt service fund of said City and set aside therein as a special account to be. used solely and only for the payment of the principal of and interest on the bonds hereby authorized and for no other Purpose whatsoever. Section 9. That all ordinances. reso. lutions and orders or parts thereof in conflict herewith be and the same are hereby repealed. Passed and approved September 25, 1%7. Richard Ludwig Mayor Attest. Leo F. Frommelt City Clerk Recorded September 25. 1967 Published September 26, 1967 Leo F. Frommelt City Clerk 11. 9;28 Councilman Pregler moved final adoption of the Ordinance. Second- ed by Mayor Ludwig. Carried by the following vote: Yeas -- Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. Nays—None. ORDINANCE NO. 51-67 An Ordinance amending Ordi- NANCE No. 9.35 by repealing Section 15 thereof and enacting a new Section 15 in lieu thereof to provide the annual permit fees to be exacted for beer per- mits, presented and read. Councilman McCauley moved that the reading just had be con- sidered the first reading of the Ordinance. Seconded by Council- man Pfuhl. Carried by the follow- ing vote: Slwcial Session, Scpt(•mbcr 25, 1967 455 yeas — Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. Nays ---None. Councilman McCauley moved that the rule requiring an Ordi. nance to be read on three veparate days be waived. Seconded by Coun- cilman Pregler. Carried by the fol- lowing vote: Yeas — Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. Nays --None. ORDINANCE No. SI -41 AN ORDINANCE AMENDING ORDI NANCE NO 9-3S BY REPEALING. SEC TION 15 THEREOF AND ENACTING A IEU THEREOF TO PROV DEEANNUAL N THE NT PERMIT FEES TO BE EXACTED FOR BEER PERMITS. NOW THEREFORE BE IT ORDAIN - CI VOFTDUBUIQUEC OWATY :(. OF THE Section 1. That ordinance No. 9.35 of the City of Dubuque, Iowa. be and the same section ls15 ethereofreby a add enamened ctingPa anew SeCtion 15 in lieu thereof as follows: "secilen 15. lA, cann; selling threeemith0usle"ad ppor more cases of beer per year. Two Hundred ($200.00) dollars. (B) For Class "C" Permit all aPPIl cants selling more than one thou ,and but less than three thousand cases Of beer per year. One hun- dred Twenty -Five (5125.001 Dollars (C) For Class "C" permit 611 aPPli- Ca� solfllnp one thousand or less r per veer, Fifty (%So 00) Dollars. (D) Prior to the issuance Of a Class ^C" Beer Permit the applicants must certify the volume of busi- ness regarding the selling Of beer for the precPd•ng Iwelve month period. (E) For Class ,B,- tavern permit, Two Hundred 11200.001 Dollars. (F) Hundrleds (53w 00)u Dolls sit Three (G) For Classcub perrmit, Two Hundred (120001" mit I' issued for six months Dollars where. the In r Which event H shell be One Hundred (S100 00) Dollars (HI For Class' B" Hotel permit when the hotel has two hundred fifty guest rooms or more, Two Hun- dred Fifty (1250.00) Dollar when (11 For Class "B" Hotel the hotel has more than one hun- dred andless than two hundred fifty Fiftyf11esI rooms, One Hundred F (J) For Cla•is `B,, Hotel permit when the hotel has One hundred Hundred 1guest rooms or less. One 00) Dollars SeglPn 2. This Ordinance shall be in full torte and etfect from and after Its final Passage, adooliOn and publication as provided by law Passed, adopted and approved this 2Sth day Of September, RichardLudwig Mayor Min) F. Schulte aulev Merlin E ldon A. PION Waller A. Pregler Councilmen Attest: Leo Clerk met) Published officially in Thi. TrlegrSep- Herald Newspaper this 281h day Of tember 1967. leo FF rommelt City Clerk Seconded by Councilman Pfohl. Carried by the following vote: Yeas — Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. Nays—None. Mr. Harold Luers of Morrison, Ill., representative of Eagle Food Chain, made inquiry as to the new permit fees for their outlets here in the City. He was of the opinion that the increase in fees was too great. ORDINANCE NO. 52.67 An Ordinance amending Ordin- ance No. 9-35 by repealing Sec- tion 19 thereof and enacting a new Section 19 in lieu thereof to prohibit the sale of beer to minors, to prohibit any minor from securing beer from any per- son, to prohibit misrepresenta- tion of age by minor in order to secure beer and reasonable in. quiry by permit holder to deter- mine whether or not prospective purchaser is a minor as a de- fense, presented and read. Councilman Schultz moved that the reading just had be considered the first reading of the Ordinance. Seconded by Councilman Pfohl. Carried by the following vote: Yeas — Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None. Councilman Schultz moved that the rule requiring an Ordinance to be read on three separate days be waived. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays — None. It 9 28 Councilman McCauley moved final adoption of the Ordinance. AN OR NANCE TION 19 IS A MINVrc NOW THEREFOR B I ORDAIN - NOW Ep BY THE CITY COUNCIL OF THE CITY OF DUBUOUE IOWA: Socflaa 1. That Ordlnenoe No. 9.35 b. and the same is hereby amended by re- pealingSection 19 thereof and enacting Inrew Section 1 : la) and (b) In lieu he •'Secilon 19. In) constollselllle (livelaorulIfmake evsllik to any minor or to permit any 456 Special Session, Septetnber 25, 196 minor to Purchase or consume any beer on the Premises of a Class "8" or Class "C" Permit Holder or for anv minor to buy or attempt to buy or to secure or attempt to secure beer from any person, end It shall further be unlawful for any Person to offer beer, with or without consideration to any minor, except within a private home and with the knowledge and consent of the Parent or guardian of said minor. (b) No minor shall misrepresent his or her age for the purpose of Pur- chasing, obtaining or attempting to Purchase or obtain any alcoholic beverage or beer. If any minor shall misrepresent his or her age. and if the permit holder shall es- tablish that he made reasonabie In- auiry to determine whether such Fropective Purchaser is a minor, hPermit holder Shell not be gui�"n Y secaoqf selling to a minor." n 2. This Ordinance shall be lull force and effect from and after ts final passage, adoption and publication as Provided by law. Passed, adopted and approved this 2Sth day of September, A.D., 1967. Richard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler Councilmen Attest: Leo F. Frommelt City Clerk Published officially in The Telegraph - Herald Newspaper this 28th day of Sep- tember 1967. Leo F. Frommelt It. 9-28 City Clerk. Councilman Schultz moved final adoption of the Ordinance. Second- ed by Councilman Pregler. Carried by the following vote: Yeas — Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None. Petition of Victor Helling et al requesting limitation of parking to two hours between 6 A.M. and 6 P.M. on North Grandview between Rosedale and Clarke Drive, pre- sented and read. Councilman Preg- ler moved that the petition be re- ferred to the City Manager and Traffic Department for investiga- tion and report. Seconded by Coun. cilman McCauley. Carried by the following vote: Yeas — Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz, Nays—None. Petition of the Dubuque Wiscon- sin Bridge Co. requesting enact- ment of an appropriate ordinance to make the north river crossing safer by possibly forbidding the Passage of large vehicles on Rhom- berg Avenue north of its junction with Lincoln Ave. and imposing realistic fines for violators, pre,. sented and read. Mayor Ludwig moved that the petition be referred to the City Manager and Traffic Department for investigation and report. Seconded by Councilman McCauley. Carried by the following vote: Yeas -- Mayor Ludwig, Coun. cilmen McCauley, Pfohl, Pregler, Schultz. Nays—None. Petition of Gregory S. Francois et al, residents of the 700, 800 and 900 blocks of W. Locust street, re- questing immediate action for con. struction of delinquent sidewalks in the area, to conform to the or. der issued to them for construction of walks, presented and read. Councilman Pregler moved that the petition be received and filed. Seconded by Councilman McCau. ley. Carried by the following vote: Yeas -- Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. Nays—None. Mr. Gregory Francois addressed the Council by charging discrimi- nation against property owners who were forced to put in side- walks and who conformed to the order issued by the Engineering Department. Petition of Peoples Natural Gas requesting permission to excavate on Southern Ave. near S. Grand- view, presented and read. Council. than Schultz moved that the re- quest be granted. Seconded by Ma- yor Ludwig. Carried by the follow- ing vote: Yeas — Mayor Ludwig, Coun. cilmen McCauley, Pfohl, Pregler, Schultz. Nays—None. Petition of Peoples Natural Gas requesting permission to excavate on University near Booth Street, presented and read. Councilman Pregler moved that the request be granted. Seconded by Councilman Pfohl. Carried by the following vote: Yeas — Mayor Ludwig, Coun. cilmen McCauley, Pfohl, Pregler, Schultz. Nays—None. Petition of Conrad Construction Co. requesting permission to exca- vate at 1200 Washington St., pre- sented and read. Councilman Preg- ler moved that the petition be granted subject to approval of the Engineering Department. Second- Special Session, Septeinber 25, 1967 457 ed by Councilman McCauley. Car- ried by the following vote: Yeas — Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. Nays—None. Petition of Elroy J. Hinz et al (action on which was deferred at the meeting of September 5, 1967) objecting to construction of a steel garage at 1385 Asbury Street, pre- sented and read. Councilman Pfohl moved for another weeks delay for action or, the petition, same to be resubmitted in approximately an- other week. Seconded by Council man Pregler. Carried by the fol- lowing vote: Yeas — Mayor Ludwig, Coun cilmen McCauley, Pfohl, Pregler. Schultz. Nays—None. Petition of R. C. Lehnhardt et al requesting stop signs at the cor- ner of Woodworth and Lowell Streets, presented and read. Coun- cilman Pregler moved that the petition be referred to the Man- ager and Traffic Committee for in- vestigation and report. Seconded by Councilman Pfohl. Carried by the following vote: Yeas — Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. Nays—None. Petition of Burton Fern et al (40 signers) requesting the erection of a slop sign at 15th & Maple streets, presented and read. Coun- cilman Pregler moved that the petition be referred to the Manager and Traffic Department for investi- gation and report. Seconded by Councilman Schultz. Carried by the following vote: Yeas -- Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays — None. Petition of Conrad Plumbing & Heating Co. requesting acknowl. edgement of the filing of their lia- bility policy with the City, present- ed and read. Mayor Ludwig moved that the request be granted. Sec- onded by Councilman Pregler, Car- ried by the following vote: Yeas — Mayor Ludwig, Council men McCauley, pfohl, Pregler, Schultz. Nays — None. Petition of Dubuque County His- torical Society requesting consid- eration as to the placing of the famous "City Hall Bell", now in storage, on the plaza area on the Central Avenue side of the City Hall, presented and read. Mayor Ludwig moved that the request of be approved subject to app the City Manager. Seconded by Councilman Pfohl. Carried by the following vote: council, Yeas — Mayor Ludwig, men Mc(,auley, Pfohl, Pregler Schultz. Nays — None. RESOLUTION NO. 290-67 Resolution Accepting Delivery of Grant of Temporary Easement for Flood Protection Works, WHEREAS, THRUPUT TERMIN- ALS has executed and delivered to City of Dubuque, Iowa, a grant of temporary easement in, on, over, and across the following described real estate, to wit: A parcel of land lying east of Seventh Street Harbor in the City of Dubuque, Iowa, being a part of the area known as Tract AA -1 of Thruput Term. inal Lease, which parcel is out- lined in red and cross -hatched on the Plat attached hereto, marked Exhibit "A" and by this reference made a part hereof. The rights of Grantee under this Temporary Flood Control Easement Deed shall termin- ate on December 31, 1971 in connection with City of Dubuque Flood Control Plan. NOW THEREFORE Be It Re- solved by the City Council of the City of Dubuque, Iowa: Section 1. Delivery of grant of temporary easement to City of Du. buque, Iowa by Thruput Terminals dated the 13th day of June, 1967, be and the same is hereby accepted by the City of Dubuque, Iowa. Section 2. That the oraClerk be and he is hereby e to execute the certificate of Clerk af. fixed to such granting nt and cause said grant of temporary easement to be recorded in the of- fice of the Recorder int d for Dubuque County, with this Resolution. 458 Special Session. September 25, 1%. Passed, adopted and approved this 25th day of September, 1967. Richard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pfohl moved adop- tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. Nays—None. RESOLUTION NO. 291-67 Resolution Accepting Delivery of Grant of Temporary Easement for Flood Protection Works. WHEREAS. Thruput Terminals has executed and delivered to City of Dubuque, Iowa, a grant of tem- porary easement in, on, over, and across the following described real estate, to wit: A parcel of land lying north and east of Seventh Street Harbor in the City of Dubuque, Iowa, being a part of the area known as Thruput Terminal Lease, which parcel is outlined in red and cross -hatched on the Plat at- tached hereto, marked Exhibit "A" and by this reference made a part hereof. The right of Grantee under this Temporary Flood Control Ease. ment Deed shall terminate on December 31, 1971. in connection with City of Du- buque Flood Control Plan. NOW THEREFORE Be It Re- solved by the City Council of the City of Dubuque., Iowa: Section I. Delivery of grant of temporary easement to City of Du- buque, Iowa by Thruput Terminals dated the 13th day of June, 1967, be and the same is hereby accepted by the City of Dubuque, Iowa. Section 2. That the City Clerk be and he is hereby ordered to execute the certificate of Clerk af. fixed to such granting Instrument and cause said grant of temporary easement to be recorded in the of. fice of the Recorder in and for Dubuque County, Iowa, together with this Resolution. Passed, adopted and approved this 25th day of September, 1967. Richard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pfohl moved adop- tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. Nays—None. RESOLUTION NO. 292.67 Resolution Accepting Delivery of Easement for Flood Protection Works. WHEREAS, Thruput Terminals has executed and delivered to City of Dubuque, Iowa, a grant of per- petual easement in, on, over, and across the following described real estate, to wit: A parcel of land lying north of Seventh Street Ilarbor in the City of Dubuque, Iowa, being a part of the area known as Tract A -A of Thruput Term- inal Lease, which parcel is out- lined in red and cross -hatched on the Plat attached hereto, marked Exhibit "A" and by this reference made a part hereof in connection with City of Dubu- que Flood Control Plan. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section I. Delivery of grant of perpetual easement to City of Du- buque, Iowa by Thruput Terminals dated the 13th day of June, 1967, be and the same is hereby accepted by the City of Dubuque, Iowa. Section 2. That the City Clerk be and he is hereby ordered to execute the certificate of Clerk af- fixed to such granting instrument and cause said grant of perpetual easement to be recorded in the office of the Recorder in and for VV. - tipecial Session, September 25, 1967 459 Dubuque County, Iowa, together with this Resolution. Passed, adopted and approved this 25th day of September, 1967. Richard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler Councilmen Attest: Leo F. Frommelt, City Clerk Councilman Pfohl moved adop- tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: yeas — Mayor Ludwig, Council- men McCauley. Pfohl, Pregler, Schultz. Nays — None. RESOLUTION NO. 293-67 Resolution Accepting Delivery of Grant of Easement for Flood Protection Works. Passed, adopted and approved this 25th day of September, 1967. Richard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pfohl moved adop- tion of the resolution. Seconded by Councilman Pregler. Carried the following vote: yeas — Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. Nays—None. I.S.H.C. Agreement No. 67-A-144 County Dubuque Project No. FN 20-9-(2)-21.31 AGREEMENT Whereas, Thruput Terminals has executed and delivered to City of Dubuque, Iowa, a grant of per petual easement in, on, over, and across the following described real estate, to wit: A parcel of land lying north an7 east of Seventh Street harbor in the City of Dubuque, Iowa. being a part of the area known as Thruput Terminal Lease. which parcel is outlined in red and cross -hatched on the Plat at- tached hereto, marked Exhibit "A" and by this reference made a part hereof. in connection with City of Dubuque Flood Control Plan. NOW THEREFORE Be It Re- solved by the City Council of the City of Dubuque, Iowa: Section 1. Delivery of grant of perpetual easement to City of Du- w(lue, Iowa by Thruput Terminals dated the 13th day of June, 1967, be and the same is hereby accepted by the (,ity of Dubuque, Iowa. Section 2. That the City Clerk be and he is hereby ordered to execute the certificate of Clerk af- fixed to such granting instrument and cause said grant of perpetual easement to be recorded in the of- fice of the Recorder in and for Dubuque County, Iowa, together with this Resolution. RESOLUTION NO. 294-67 THIS AGREEMENT is entered into by and between the Iowa State Highway Commission, hereinafter called the Commission, and the City of Dubuque, Iowa, hereinafter called the City. WHEREAS the developers of the Kennedy Square Shopping Center propose to install traffic signals at the to of U.S. 20 and Wacker Drive, and WHEREAS the City agrees to be responsible for the maintenance and operation of the proposed traf- fic signals. NOW, THEREFORE, BE IT AGREED by and between the par• ties thereto: 1. The Commission agrees to the installation of approved traffic sig- nals by the develop o the Ken- nedy Square Shopping at the intersection of U.S. 20 and Wacker Drive. 2. The City agrees to be respon. ,e anoera sible for m ro to nanc tion of the pPs d traffic Signals. 3. The City, agrees that any fu- ture modifications of thetraffic signals will be by city cost tand such modifications will be in ac- ual on uni- form it traffic ccontrol deh the vices r ces for the State of Iowa. Passed and agreed this 25th day of September, i hard l,udwig, Mayor 460 Special Session, September 25, 1967 I, Leo F. Frommelt, Clerk of Cit! of Dubuque, Iowa, hereby certify that the above resolution was dull passed and adopted by the City of Dubuque, Iowa, on the 25th day of September. 1967, by the followmn call of yeas and nays recorder hereon. Absent or Yeas Nays Not Voting 0 0 M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler Members of the Council Leo F. Frommelt, City Clerk of Dubuque, Iowa (SEAL) Approved and agreed to this 13th day of October, 1967. IOWA STATE HIGHWAY COMMISSION 13y J. R. Coupal Jr. Title—Director of Highways Mayor Ludwig moved adoption of the resolution. Seconded by Coun- cilman Schultz. Carried by the fol. lowing vote: Yeas — Mayor Ludwig, Council. men McCauley, Pfohl, Pregler, Schultz. Nays—None. Proof of Publication, certified to by the Publisher, of notice of pub• lic hearing to consider Resolution No. 278-67 proposing to annex cer- tain territory to the City, presented and read. Mayor Ludwig moved that the proof of publication be received and filed. Seconded by Councilman Pfohl. Carried by the, following vote: Yeas — Mayor Ludwig, Coun. cilmen McCauley, Pfohl, Pregler, Schultz. Nays—None. Communication of Dubuque Com. munity School District endorsing the proposed annexation plans of the City for the Table Mound area together with an original petition to tie into the City sanitary sewer for various specific reasons, pre. sented and read. Councilman Preg- ler moved that the communication be received and filed. Seconded by Councilman Pfohl. Carried by the following vote: Yeas _-_ Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz, Nays—None. Petition of John R. Rubie et al objecting to the proposed annexa- tion of property as proposed in Resolution No. 278.67 for the fol. lowing reasons: property owners will receive no benefits,—Addition- al tax burden,—The City would be the only beneficiary;—Already have adequate fire protection;—not practical for water and sewer fa- cilities:—taking property without due process of law, presented and read. Councilman Pfohl moved that the petition be received and filed. Seconded by Mayor Ludwig. Carried by the following vote: Yeas — Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. Nays—None. Mr. Don Gilson, Director of Plan. ning, explained the area in detail to the assemblage and City Engi- neer White explained servicing the area with water, sewer and streets. Councilman Schultz moved that the rules be suspended in order to let anyone present address the Council if they so desire. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. Nays—None. Mr. Jim Remley, attorney from Anamosa, represented 437 objec- tors, this being approximately 90%� of the people residing in the area. He stated that there must be a legal basis for the proposal and the City cannot give the people in the proposed annexed area any- thing that they not already have. The proposed area would be ap- proximately 3840 acres of land. The following persons presented their objections to the Council Jim Wallace, R. F. Sefzik, Robert Strub, Tom Hauswirth, Clarence Lutgen, Vincent Hockman, Mrs. Darling, Florence Lange, Carl Heitz, Glen Welsh, covering all areas such as water and sewer service, excessive cost, tax rates, fire protection, be- ing placed on the present city tax rate etc. All seemed to express the opinion that the City could not give them other than what they now have. Councilman Pregler moved that discussion be closed to all others assembled except the Council. sec- onded by Mayor I.,udwig. Carried by the following vote: '010� Special Session, September 27), 1% 461 Yeas — Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. Nays—None. Councilman Schultz moved that proper steps be taken to furnish sewer to the Table Mound School. Seconded by Councilman Pfohl. vote on the motion was as follows: Yeas — Councilmen Pfohl. Schultz. Nays—Mayor Ludwig, Council- men McCauley, Pregler. MOTION FAILED. RESOLUTION NO. 278.67 WIIEREAS, the City Manager of the City of Dubuque has recom- mended to the City Council of the City of Dubuque that the herein- after described unincorporated ter- ritory adjoining the City of Du- buque be annexed thereto and be made a part of the City of Du- buque; and WHEREAS, on the 25th day of September, 1967, at a meeting held in the City Council Chamber in the City Hall in the City of Dubuque at 7:30 o'clock P.M. (Central Day- light Savings Time), pursuant to notice published in the Telegraph - Herald, a newspaper of general circulation published in the City of Dubuque, Iowa, on the 11th day of September, 1967, and on the 18th day of September, 1967, the within Resolution was considered by the City Council of City of Du- buque, at which time and place all objections thereto and all pro- ponents for such annexation were given an opportunity to be heard: and WHEREAS, after hearing all ob- jectors thereto and proponents for such annexation, the City Council is of the considered opinion that the territory hereinafter described should be annexed to and become a part of the City of Dubuque; and WHEREAS, under the provisions of Section 362.26 of the 1966 Code of Iowa, As Amended, said proPos- al must be submitted to the voters of the City of Dubuque before final adoption. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the territory de- scribed in Section 2 hereof, be an- nexed to and become a part of the City of Dubuque, Iowa, on the com- pletion of the proceedings provid- ed for in Section 362.26 of the 1966 Code of Iowa, As Amended. Section 2. That at the General Municipal Election held on the 7th day of November, 1967, there shall be submitted to the voters of the City of Dubuque, Dubuque County, Iowa, the following proposition, to wit: "Shall the proposition to annex the territory described as fol- lows: All of the territory lying within the following limits: Commenc- ing at the existing City Limits on the Northeast Corner of Sec- tion 1 of Township 88 North, Range 2 East, of the 5th Princi- pal Meridian; thence West along the north section line of Section 1 and Section 2 of Township 88 North, Range 2 East, of the 5th Principal Meridian to the north- west corner of Section 2; thence south along the west section line of Section 2 and Section 11 of Township 88 North, Range 2 East, of the 5th Principal Merid- ian to the southwest corner of Section ll; thence east along the south section line of Section 11 and Section 12 of Township 88 North, Range 2 East, of the 5th Principal Meridian and along the south section line of Section 7 of Township 88 North, Range 3 East, of the 5th Principal Merid- ian to the southeast corner of Section 7; thence north along the east section line of Section 7 and Section 6 of Township 88 North, Range 3 East, of the 5th Princi- pal Meridian to the point of in- tersection with northeasterly Right-of-way Line of the Chica- go, Milwaukee, St. Paul and Pa- cific Railroad which is the northeasterly property line Lot 4 of Fractional Government Lot 1, Section 6, Township 88 North, Range 3 East,of th Prin- north- westerly Meridian; westerly along said Right-of-way line and property line to the southwesterly property corner of Lot "A" of Government Lot 1 of Section 6, Township 88 North, Range 3 Fast, of the 5th Princi- pal Meridian, thence northeast- erly at Right angle to the North- easterly Right-of-way line of Chi- cago, Milwaukee, St. Paul and Pa- 462 Special Session, September 25, lytic cific Railroad being also the Northeasterly property line of Lot 4 of Fractional Government Lot 1 of Section 6, a distance of 117.85 feet to the shore line of the Mississippi River which is the southeasterly corner of Lot "A" of Government Lot 1 of Section 6; thence along the shore line of the Mississippi River which is the northeasterly prop- erty line of said Lot "A" of Gov- ernment Lot 1 to the north sec- tion line of Section 6, Township 88 North, Range 3 Fast, of the. 5th Principal Meridian; thence west along the north section line of said Section 6 to a point of intersection with the southwest- erly Right-of-way line of the Chi- cago, Milwaukee, St. Paul and Pacific Railroad being also the southwesterly property line of Lot 4 of Fractional Government Lot 1 of Section 6; thence south. easterly along said Right-of-way line and prooerty line to the Southeast corner of Lot 3 of Fractional Government Lot 1, Section 6; thence south 86`15' west along the existing City Lim- its a distance of 1.323.30 feet to the Southwest corner of Lot 3 of Fractional Government Lot 1 in Section 6, Township 88 North, Range 3 East of the 5th Prin- cipal Meridian; thence North to intersect the Illinois Central Railroad southeasterly Right-of- way line, being the southeaster- ly property line of Lot 2 of Frac- tional Government Lot 1. Sec- tion 6, Township 88 North, Range 3 East of the 5th Principal Meri- dian; thence northerly along said Right-of-way line and property line to the north Section line of Section 6. Township 88 North, Range 3 East of the 5th Princi- pal Meridian; thence west along the existing City Limits which is the north section line of Section 6, Township 88 North, Range 3 East of the 5th Principal Merid- ian a distance of 2,997.60 feet to the Northeast corner of Lot 1 of the Northwest ?/4 of the North- west V4 of Section 6, Township 88 North, Range 3 East of the 5th Principal Meridian; thence south a distance of 1,087.95 feet to the southeast corner of Lot 1 of the Northwest 14 of the Northwest 1'4 of Section 6, Town- ship 88 North, Range 3 East of the 5th Principal Meridian; thence South 84'25' West a dis. tance of 937.20 feet to the South. west corner of said lot; thence North along the West section line of Section 6, Township 88 North, Range 3 East of the 5th Principal Meridian a distance of 1.103.90 feet to the Northeast corner of Section 1 of Township 88 North. Range 2 East of the 5th Principal Meridian which is the point of beginning. in Resolution No. 27&87, passed, adopted and approved by the City Council of City of Dubuque, Iowa. on the 25th day of September. 1967, be approved." Section 3. That a plat of the ter. ritory proposed to be annexed is hereto attached, marked Exhibit "A" and by reference made a part hereof. Section 4. That the City Clerk be and he is hereby authorized and directed to publish notice of sub. mission of said proposition to the voters of the City of Dubuque, Iowa, by publication in the Tele- graph -Herald, a newspaper of gen- eral circulation published in the City of Dubuque, Iowa, once each week for three (3) consecutive weeks in the manner provided by Chapter 618 of the 1966 Code of Iowa. Passed, adopted and approved this 25th day of September, 1967. Richard Ludwig Mayor M. Sylvester McCauley Walter A. Pregler Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman McCauley. Carried by the following vote: Yeas — Mayor Ludwig, Coun. cilmen McCauley, Pregler. Nays — Councilmen Pfohl Schultz. RESOLUTION NO. 295-67 Resolution Approving Agree- ment Between City of Dubuque, Iowa, and the Aspermont Com- pany. WHEREAS, the City of Dubuque has undertaken negotiations with Aspermont Company in connection with the construction of the Du- buque Flood Control Project; and Si-weial Session, September 25, 1%7 9633 WHEREAS, the said City of Du. buque, Iowa, and The Aspermont Company are in agreement as to the rights and interests of the said City of Dubuque and The Asper- mont Company in connection with the real estate on which said flood project is to be situated; and WHEREAS, the said City of Du- buque, Iowa, and The Aspermont Company have reduced the agree- ment to writing and a copy of which is hereto attached and mark- ed Exhibit "A" and which should be approved. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Stetion 1. That the agreement be- tween the City of Dubuque, Iowa and The Aspermont Company, a copy of which is hereto attached, be and the same is hereby ap- proved and confirmed. Soetion 2. That the Mayor and the City Clerk be and they are hereby authorized and directed to execute said agreement for and on behalf of the City of Dubuque, Iowa, and that the City Clerk be and he is hereby authorized and directed to cause a copy of said agreement together with a certified copy of this Resolution to be filed in the office of the County Record- er in and for Dubuque County, Iowa, and the City Clerk is hereby ordered to publish notice of intent to dispose of interest in real es- tate as is by law required. Passed, adopted and approved this 25th day of September 1967. Richard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz FIdon A, Pfohl Walter A. Pregler Councilmen Attest: Leo F. Frommelt, City Clerk Councilman Pfohl moved adop. tion of the resolution. Seconded by Councilman Pregler. Carried by the: following vote: Yeas — Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None. EXHIBIT "A" SETTLEMENT AGREEMENT THIS A(AtEEMEVT made this 25th day of September, 1967, by and between the CITY OF DUBU. QUE, IOWA, a municipal corpora. tion, hereinafter referred to as CITY, and THE ASPERMONT COMPANY, an Iowa corporation, hereinafter referred to as COM- PANY. WITNESSETH: WHEREAS, the CITY has em- barked upon a flood control pro- gram of the Mississippi River lying within its corporate boundaries in conjunction with the United States, which program is generally known as THE DUBUQUE FLOOD CON- TROL PROJECT #450.87th, for the use and benefit of the said City, its residents, and property owners af- fected by the periodic flooding of the said river; and WHEREAS, it is necessary for the CITY to acquire easements and other necessary legal documents from the property owners and firms, persons and corporation abutting the said river for the pur- pose of location of the said flood wall and incident to the construc- tion and maintenance thereof; and WHEREAS, the COMPANY is such an abutting owner and holds title to part of Lot 3, part of Lot 4, Lots 5. 6, 7, 8, 9, and 10 in Block 3, and Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, and 10 in Block 4 in Dubuque Harbor Improvement Co,'s Addi- tion and vacated Pine Street situat- ed in the said City; and WHEREAS, a dispute has arisen between the CITY and the COM. PANY as to the ownership of a certain 150 foot wide levee im- mediately adjacent to and East of the premises of the COMPANY, which levee is so designated on the plat of Dubuque Harbor Im- provement Co.'s Addition, accepted by the CITY on May 4, 1857 and recorded on February 23, 1858, along with certain unplatted land lying to the East of the said levee and to the river, all of which lies between the southerly street line of East Fourth Street Extension and the northerly street line of Wall Street to the said river; and W If E R E A S, the conflicting claims of the CITY and of the COMPANY to the said area present many complex and intricate ques- tions of law and fact, which could be the subject of expensive and protracted litigation before a final determination would be made of 464 Special Session, September 25, 1% the interests of the respective par• ties therein; and WHEREAS, it is essential that the construction of the flood pro- tection proceed immediately and all questions pertaining to the ac. quisition of the necessary right of way be resolved prior to the start of such construction pursuant to directives of the Federal Govern- ment; and WHEREAS, both parties are of the opinion that litigation should be avoided in the public interest and the dispute between them as to the said area be resolved by tnu- tual agreement between them. NOW THEREFORE, in consid- eration of the mutual promises, covenants and conditions hereof, the parties hereto agree as follows: 1. The City hereby releases and forever relinquishes any and all claim of title in and to the follow- ing described premises: All of that unplatted area lying east of the easterly lot lines of part of Lot 3, part of Lot 4, Lots 5, 6, 7, 8, 9, and 10 in Block 3, and Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, and 10 in Block 4 of Dubuque Harbor Improvement Co.'s Addi- tion to the City of Dubuque, Iowa, according to the recorded Plat thereof including the con- tinuation of said easterly lot line between Lot 10 of Block 3 and Lot 1 of Block 4 traversing Pine Street (vacated), to the Missis- sippi River, which unplatted area extends from the southerly street line of East Fourth Street Extension projected to the said river and to the northerly street line of Wall Street projected to the said river, along with all ri- parian rights incident thereto and recognized under the law of the State of Iowa. 2. In accordance with the fore- going the CITY agrees: a) to convey to the COMPANY by Quit Claim Deed all of the said premises described above, including the riparian rights incident thereto and no ab- stract of title shall be fur- nished; b) to vacate the 150 foot wide strip, contained within the above description, designated a levee. 3. The COMPANY agrees to exe- cute and deliver simultaneously with the delivery of the said deed by the CITY the following: a) A necessary easement for the construction and maintenance of the flood protection dike on the standard easement form used by the City in pro- curing such right of way from other persons, firms, and cor- porations directly affected by said flood control project, and designated by the CITY as the Standard Yellow Ease. ment, said area being out- lined in yellow as shown on the plat attached marked Ex- hibit "A"; b) A necessary easement for the installation of a gatewell and extension of the existing sew- er owned by the COMPANY and located in the vicinity of Pine Street (vacated) at the South end of the building oc- cupied by the Dubuque Star Brewery, running southeast- erly to the said river, said grant to be on the standard form used by the CITY in procuring such easements from other persons, firms, and corporations directly af- fected by said flood control project, and designated by the CITY as Standard Green Easement, the location of the said sewer being outlined in green as shown on the at- tached plat marked Exhibit .,B.,, c) A necessary temporary ease- ment for the purpose of fill- ing a certain depression in the area to be conveyed by the CITY and for the storage Of materials, said grant to be on the standard form used by the CITY in procuring such easements from other per- sons, firms and corporations directly affected by said flood control project, and desig- nated by the CITY as the Standard Orange Easement, said area being outlined in orange on the attached plat marked Exhibit "C", it being understood and agreed that the said easement will be va- cated on or before December 31, 1971. 4. In connection with the ease- ments to be granted for the con- struction and maintenance of the Speeial Session. Septenibci 25, 1967 465 flood protection dike (referred to termination of whether such use in paragraph 3. a) hereof) it is un- would structurally weaken the em- (lerstood that the said easements bankment or prevent its proper ill he used. maintenance, all to be ascertained a) in part for the location of on the basis of the state of the the flood wall, and engineering art at the time such h) as to that portion of the use is proposed. easement lying to the West of the land toe of the em- 5. The COMPANY hereby ac - bankment, such will be used: cepts an earthen embankment as the t I) an eight or nine foot strip construction to be YPfront in fr erected ont of its premises. immediately adjacent and parallel to the said toe 6. It is understood that the CITY shall be of porous con- retains title to the bed of the said struction to accommodate river to the middle of the channel, drainage and seepage. but it is expressly understood and 2) the balance of the ease- agreed that in the future any pro- ment area lying westerly posed exercise of the riparian therefrom shall be used to rights to be granted, including the provide for access, main. construction of a wharf, piers, etc. tenance and repair of the will not be prevented, delayed or embankment. interfered with by virtue of such It is further understood that the ownership, and the sole tests to COMPANY or its successors in ti- determine whether such construc- tion or use can be made shall be tle will not be permitted to erect on the basis of whether such will any permanent buildings upon that interfere with the navigability of portion to be utilized for access, without the river, or will weaken the struc- maintenance and repair, authorization from the CITY, but tural soundness of the embank - is hereby accorded any other use, ment or prevent its proper main - Both the latter two including, but not limited to park- tenance. of factors shall be determined on the ing of vehicles, temporary storage trackage, and Basis of the engineering art pre- of materials, railroad vailing at the time of the proposed other like uses which not pro- use or construction. It is further the CITY in con access T understood that such questions, with the maintenance and nett t particularly that of hindering navi- repair of the embankment. And repair gation, are within the primary ju- it is further agreed that such area risdiction of the Federal Govern - will not be designated a public Unit - ment as administered by the Unit- ruad, nor will the public at large ed States Army Corps of Engineers be authorized to use such except and the United states Coast Guard, by license granted by the and this provision is made in order c intentMPA- it being the specific intent to define the rights as between the of the parties to provide solely for of t parties signatory hereto. access by the CITY in maintaining 7 Both parties hereby release and repairing the embankment. forever discharge each otherfrom It is further understood that the and all claims, damages, actions balance said easement area, in- or causes of action, whether legal eluding the embankment proper t or equitable, which they may now and the portion used for drainage have or could now assert involving and seepage and the easement area the area in dispute and to be con- to the East of the embankment, COM - by the CITY to the COM shall be for the exclusive use of veyed PANY. the COMPANY or its successors in THE CITY OF DUBUQUE, IOWA title at any future time for any By Richard Ludwig purpose providing that if permis- sion for such use is required, then Its Mayor Leo F Frommelt such requisite permission is to be Its Clerk first obtained from the U.S. Army THE ASPERMONT COMPANY, t Corps of Engineers and consento A CORPORATION such use is given by the CITY, it Anthony Rhomberg being specifically understood and By Its President agreed that any declination of a Mary L. Rhomberg proposed use by the CITY shall be Its Secretary made solely on the basis of a de- 4(*i Special Session, Se pternbcr 35. 161(i; STATE OF IOWA ) ) ss.. COUNTY OF DUBUQUE ) On this 25th day of September. A.D., 1967, before me, Eugene J, Berens a Notary Public in and for the County of Dubuque and State of Iowa, personally appeared RICHARD LUDWIG and LEO F. FROMMELT to me personally known, who being duly sworn did say that the said Richard Lud. wig is Mayor and the said Leo F. Frommelt is Clerk of the City of Dubuque, Iowa, and that the seal affixed to the above instrument is the corporate seal of the City of Dubuque, Iowa, and that said in- strument was signed and sealed on behalf of the said City of Dubuque, Iowa, oy authority of the City Council of said City and the said Richard Ludwig and Leo F. Frommelt, acknowledged the exe- cution of said instrument to he the voluntary act and deed of said City of Dubuque, Iowa, by it volun- tarily executed. WITNESS my hand and Notarial Seal on the date last above written. Eugene J. Berens, Notary Public in and for Dubuque County, Iowa. STATE OF IOWA ) COUNTY OF DUBUQUE ) ss . On this 14th day of September, A.D., 1967, before me, the under. signed, a Notary Public in and for said County, in said State, per. sonally appeared Anthony Rhom. berg and Mary L. Rhomberg to me personally known, who, being by me duly sworn, did say that they are the President and Secretary respectively, of said corporation executing the within and foregoing instrument to which this is attached; that the seal af. fixed thereto is the seal of said corporation; that said instrument was signed and sealed on behalf Of said corporation by authority of its Board of Directors; and that the said Anthony Rhomberg and Mary L. Rhomberg acknowledged the execution of said instrument to be their voluntary act and deed as such officers, of said corporation, by it and by them voluntarily exe- cuted. Mary T. Hendricks, Notary Public in and for Dubuque County, Iowa. 'ity Commission expires July 4, 1469. RESOLUTION NO. 296.67 WHEREAS, the Cities of Cedar Rapids, Davenport, Dubuque, and Waterloo pursuant and under the provisions of Chapter 28E of the 1966 Code of Iowa, have entered into a understanding and Agree. ment for Mutual Assistance; and WHEREAS, the respective Cities hereinabove mentioned have re- duced such agreement to writing, a copy of which, marked Exhibit "A" is hereto attached; and WHEREAS, The City Council of City of Dubuque, Iowa, has exam. ined such Agreement and finds that same should be approved as it would serve the best public in- terest. NOW THEREFORE Be It Re- solved by the City Council of the City of Dubuque, Iowa: Section 1. That the Agreement for Mutual Assistance to be en. tered into by and between the Cities of Cedar Rapids, Davenport, Dubuque, and Waterloo, a copy of which marked Exhibit "A" is here. to attached and by reference made a part hereof, be and the same is hereby approved as it serves the best public interest. Section 2. That the Mayor and City Clerk be and they are hereby authorized and directed to execute said agreement for and on behalf of the City of Dubuque, Iowa. Section 3. That on execution of said Agreement, Cletus Allen, Street Commissioner, take the nec. essary steps to obtain the execu. tion of said Exhibit "A" by the ap. propriate officials of the respec- tive Cities hereinabove mentioned. Passed, adopted and approved this 25th day of September, A.D., 1967, Richard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler Attest: Councilmen Leo F. Frommelt City Clerk Special Session, September 25, 1967 467 Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. Nays—None. AGREEMENT FOR MUTUAL ASSISTANCE THIS AGREEMENT is entered into by and between the cities of Cedar Rapds, Davenport, Dubuque, and Waterloo, being Municipal Corporations of the State of Iowa, under the provisions of Chapter 28E of the 1966 Code of Iowa. WHEREAS, the said Municipal- ities desire to make available Pub- lic Works equipment and personnel in the case of snow, flood, tornado, and hurricane emergencies, it is agreed as follows: 1. If one or more of the specific disasters occur; namely, snow, floods, tornado or hurricane, with- in the corporate limits of the Mu- nicipalities executing this Agree- ment and in the judgment of the City Manager. Mayor, or Commis- sioner of Public Improvements of the said Municipalities, it is deter- mined that the disaster is beyond the capabilities of the Municipality to control, an emergency shall ex- ist for the purposes of this Agree- ment. 2. Where a determination has been made that an emergency ex ists, the authorized Departmen Head shall request assistance o the other Municipalities executin this Agreement. Upon reined a t 0 such a request being herein provided, it shall be th duty of the requested party to r quire the authority or authonti having jurisdiction over its Pu lie Works equipment and perso nel to: a. Immediately determine if r sources are available and c be spared in order to assist t requesting party. b. Immediately designate equi ment and personnel that c• be, most effectively dispatch to meet the reported situati 3. Rendering assistance and the terms of this Agreement sh not be mandatory nor shall a party incur any liability for f arc to comply with the request part or in full of the other par It should be expressly understood that considerations which might preclude the rendering of assist- ance are properly the right of and for decision upon by the party from which assistance is requested and at all times such request shall be subservient. to the equipment and personnel needs of the party own- ing the equipment. However, the requested party shall, if assistance is to be denied in full or in part give prompt notice of denial to the agency making the request. 4. The requesting party shall as- sume the responsibility and liabil- ity for equipment and personnel and it shall be the duty of the re- questing party to supply and main- tain all equipment while in their jurisdiction for the duration of the emergency. However, the party furnishing equipment and person- nel shall not have a claim or cause of action against the requesting party for damage to equipment or injury to personnel as a result of the negligence or careless perform- ance of their own personnel includ- ing the operator of the equipment. Nothing herein contained shall be construed to deprive any party, its employees or agents of any of the benefits contained in or provided by any Federal, State or local statute, ordinance, rule or regula- tion. 5. Rental charges for equipment 5 loaned shall be the nominal fee relative to the type and size of the equipment. 6. The requesting party shall as - f surae responsibility for resupplying in kind, the assisting party, upon I its request, all materials in the furnishing of aid and further such e requesting party shall supply food e' and welfare items to personnel en es gaged in such operation. b- 7. In event of dispute relative to n quantities or replacemc nt cost, e type of commodities used, an Ar- an bitration Board shall make the fin he al determination. The henBoard shall The serve without comp p- Board shall consist ach of the partici- an artici an appointed by ed gating communities. on 8. It is also agreed that a list er of contractors and their equipment all and rental charges from bee'a h c sent t i» om- munity shall annually ail each of the participating commun- ities on or before se toistmer 30.tth tv. of each year. 468 Special Session, September 25, 1% 74 9767 elude contractors who are willing to send their equipment and per- sonnel to the participating com- munities. 9. This Agreement shall remain in full force until terminated as herein provided party hereto shall' na- tion by any ef- feet this Agreement as between the other parties hereto. Any party to this Agreement may terminate the same by serving notice of inten- tion to the Clerk of the governing body of each of the other parties hereto, which notice may be served by mail and this Agreement shall terminate as to the rights and lia- bilities of the party serving notice fifteen (15) days after the latest date of filing with said Clerk. 10. in Witness Whereof, the par- ties hereto have caused this Agree. ment to be executed and have agreed that the same shall be in effect from this date first herein- above written. CITY OF DAVENPORT By...................... ............ Its Mayor Attest: .................................................... City Clerk CITY OF DUBUQUE By Richard Ludwig Its Mayor Attest: Leo F. Frommelt City Clerk RESOLUTION NO. 2 WHEREAS, some 6,50() persons die in home fires each year, more than half of them children and old people, and WHF.RF.AS, many of these tragic victims could be saved by plan- ning and practicing proven pro- cedures for coping with home fire emergencies, and WHEREAS, Operation EDITH en- courages the planning and prac- tice of exit drills from the home, and WHEREAS, participation in Op- eration EDITH can result in a significant saving of lives, THEREFORE BE IT RESOLVED by THE CITY COUN- CIL OF THE CITY OF DU- BIJQCTE, IOWA, that all citizens of our community be urged to participate in Operation EDITH onOCT013ER 11th at 6:30 P.M., and BE IT FURTHER RESOLVED, that this is a particu- larly fitting way to recognize the seriousness of fire dangers as part of the observance of Na- tional Fire Prevention Week. Passed, adopted and approved this', 25th day of September, 1967. Richard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler Councilmen CITY OF CEDAR RAPIDS By.......................................... Its Mayor Attest: .......................................................... City Clerk CITY OF WATERLOO By.............................. ........ Its Mayor Attest: ........................................................... City Clerk Attest: Leo F. Fron►melt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. Nays—None. RESOLUTION TIO. 29667 WHEREAS, Charles Davis and Doris Davis are the owners of cer. tain parcels of real estate abutting Valeria Street in the City of Du- buque, Iowa, and on which real estate a dwelling is located and encroaches in part on Valeria Street; and WHEREAS, the said Charles Da- vis and Doris Davis desire to ac- quire such portion of Valeria Street upon which a portion of their dwelling is located. Special Session, September 2,5, 1967 469 NOW THEREFORE BE IT RE- I SOLVED by the City Council of the City of Dubuque, Iowa: Section 1. That the disposal of that portion of Valeria Street known and described as Lot 2 of Lot 2 of Lot 3 of Lot 145 in L. H. i,angworthy's Addition to Dubuque, and that portion of Valeria Street not used for street purposes which is a portion of Lot 2 of the Sub- division of Lot 1 of Lot 2 of Lot 1 of Lot 147. L. H. Langw•orthy's Ad- dition in the City of Dubuque, Iowa, to the said Charles Davis and Doris Davis be and the same is hereby approved. Section 2. That the respective plats prepared by Bartels, McMa- han & LeMay, registered civil engi- neers, be and the same are hereby approved and the Mayor and City Clerk be and they are hereby auth- orized and empowered to execute the same for and on behalf of the City of Dubuque, Iowa. Section 3. That the City Clerk be and he is hereby authorized and directed to publish notice of intent to dispose of interest in real es- tate as by law is required. Passed, adopted and approved this 25th day of September, 1967. Richard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler Councilmen Attest: Leo F. Frommelt, City Clerk 1, ther-2fore, recommend the ac- ceptance of the above-named proj- ect. Respectfully, Gilbert D. Chavenelle, City Manager Councilman Pregler moved that the recommendation of the City Manager be approved. Seconded by Mayor Ludwig. Carried by the fol- lowing vote: Yeas — Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None. Councilman Schultz moved adop- tion of the resolution. Seconded by Mayor Ludwig. Carried by the fol- lowing vote: Yeas — Mayor Ludwig, Council men McCauley, Pfohl, Pregler Schultz. Nays—None. FINAL ESTIMATE RESOLUTION NO. 299.67 WHEREAS, the contract for the City of Dubuque 1967 Concrete Curb & Gutter Project No. 1. 1. Flora Park, from the N.P.L. of Pennsylvania Avenue, north 200' along the W.P.L. of Flora Park. 2. Highway No. 20, Devon Drive Stack Lane. has been completed and the City Engineer has submitted his final estimate showing the cost thereof including the cost of estimates, no- tices, inspection, and preparing the assessment and plat, now there- fore, BE IT RESOLVED, by the City Council of the City of Dubuque, That the cost of said improve- ment is hereby determined to be $8,543.33. That none of the cost thereof shall be assessable upon private property and $8,543.33 shall be paid from the 135K Street Road Use Tax Fund of the City of Du- buque. roved Passed, adopted ept mb r, 1967. this 25th day Richard Ludwig Mayor M Sylvester McCauley Merlin F. Schultz Eldon A. Pf0h1 Walter A Pregler Councilmen September 25, 1967 To the Honorable Mayor and City Council Gentlemen: This is to advise you that the City of Dubuque 1967 Concrete Curb and Gutter Project No 1 has been completed in accordance with and the City of Dubuque Plans specifications. Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Schultz. Carried by the following vote: Coun- Yeas — Mayor LudwigPregler, oilmen McCauley, Pfohl, Schultz. Nays—None. 470 Special Session, September 25, 14167 (A Resolution Accepting Improve- ment) RESOLUTION NO. 300-67 WHEREAS, the contract for the City of Dubuque 1967 Concrete Curb and Gutter Project No. 1 has been completed and the City Man- ager has examined the work and filed his certificate stating that the same has been completed accord- ing to the terms of the contract, plans and specifications and rec- ommends its acceptance, now therefore, BE IT RESOLVED, by the City Council of the City of Dubuque, that the recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted and the City En. gineer be and is hereby directed to prepare a plat and schedule showing the lots or parcels of real estate subject to assessment for said improvement and file the same in the office of the City Clerk subject to public inspection and said Clerk shall upon receipt of such plat and schedule publish the notice of the Council's intention to levy special assessments therefor, as required by law. BE IT FURTHER RESOLVED, that the City Treasurer be and he is hereby directed to pay to the contractor from 135K Street Road Use Tax Fund. Passed, adopted and approved this 25th day of September, 1967. Richard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman McCauley. Carried by the following vote: Yeas — Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler. Schultz. Nays—None. September 25, 1967 To the Honorable Mayor and City Council Gentlemen: This is to advise you that the: City of Dubuque 1967 Bituminous Concrete Paving Project No. 1 has been completed in accordance with the City of Dubuque plans and specificaliow,. I, therefore, recommend the ac. ceptance of the above named proj- ect. Respectfully submitted, Gilbert D. Chavenelle, City Manager Mayor Ludwig moved that the recommendation of the City Man- ager be approved. Seconded by Councilman Schultz. Carried by the following vote: Yeas -- Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None. FINAL ESTIMATE RESOLUTION NO. 30167 WHEREAS, the contract for the City of Dubuque 1967 Bituminous Concrete Paving Project No. 1 Airport — Parking Lot and T - Hangar Apron. North Algona—from the N.P.L. of University Avenue to the S.P.L. of Loras Boulevard, Bennett Street—from the W.P.L. of Grandview Avenue to the E.P.L. of McCormick Street. Eagle Point Park—Roadway. Flora Park — Parking lot at Green Street and Bunkerhill Road. Grace Street—from the E.P.L. of McCormick Street to the W.P.L. of Grandview Avenue. Merz Street—from the E.P.L. of Windsor Avenue to the W.P.L. of Althauser Street. has been completed and the City Engineer has submitted his final estimate showing the cost thereof including the cost of estimates, notices, inspection, and preparing the assessment and plat, now there- fore, BE IT RESOLVED, by the City Council of the City of Dubuque, That the cost of said improve- ment is hereby determined to be $55,627.85. That $28,662.85 of the cost there- of shall be assessable upon private property and $26,965.(x) shall be paid from the 1440 Park Improve- rnent & 157J Airport Development Fund of the City of Dubuque. Special Session, September 25, 1961 471 Passed, adopted and approved this 25th day of September, 1967. Richard Ludwig, Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler Councilmen Attest: Leo F. Frommelt, City Clerk Councilman McCauley moved ad- option of the resolution. Seconded by Mayor Ludwig. Carried by the following vote: Yeas — Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None. (A Resolution Accepting Improve- ment and Directing the Clerk to Publish Notice.) RESOLUTION NO. 30247 WHEREAS, the contract for the City of Dubuque 1967 Bituminous Concrete Paving Project No. 1 has been completed and the City Man- ager has examined the work and filed his certificate stating that the same has been completed according to the terms of the contract, plans and specifications and recommends its acceptance, now therefore, BE IT RESOLVED, by the City Council of the City of Dubuque, that the recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted and the City Engineer be and is hereby directed to prepare a plat and schedule showing the lots or par- cels of real estate subject to as- sessment for said improvement and file the same in the office of the City (, Ierk subject to public in- spection and said Clerk shall upon receipt of such plat and schedule publish the notice of the Council's intention to levy special assess. ments therefor, as required by law. BE IT FURTHER RESOLVED, that the City Treasurer be and he is hereby directed to pay to the contractor from 1440 Park Improvement Fund and 157J Air. port Development Fund. Passed, adopted and approved this 25th day of September, 1967. Richard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler Councilmen Attest: Leo F. Frommelt, City Clerk Mayor Ludwig moved adoption of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None. September 21, 1967 To the Honorable Mayor and City Council Gentlemen: I hereby submit the attached Sheet No. 1 showing a schedule of the proposed valuations and assess- ments for the City of Dubuque 1967 Carter Road to John F. Kennedy Road Sanitary Sewer. Submitted September 25, 1967. Respectfully submitted, John L. White, City Engineer Councilman Pregler moved that the communication be received and filed. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays — None. RESOLUTION NO. 303.67 BE 1T RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Swtion 1. That the attached Sheet No. I is hereby determined to be the schedule of proposed as- sessments for the City of Dubuque 1967 Carter Road to John F. Ken- nedy Road Sanitary Sewer and the valuations set out therein are here- by approved. a Special Session, September 25. 1967 Adopted this 25th day of Sep- tember, 1967. Richard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler 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 Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None. RESOLUTION NO. 30467 Approval of Preliminary Esti- mate, plans, specifications, form of contract, plat and all other docu- ments for construction of an Eight- een inch (18") Sanitary sewer from the westerly property line of Block 3 of Nauman Addition westerly a distance of 166 feet thence a twelve inch (12") sanitary sewer westerly through Lot 1-1.2-2-1-1- and Lot 2.1.2-2-1-1 of Highland Farm to the westerly property of J. F. Kennedy Road, also a twelve inch (12") san- itary sewer from the westerly point of the eighteen inch (18") sanitary sewer southerly through Lot 2-2.2- 1-1-1.1-1 of Clarence Arlen Place to the existing Kaufmann Avenue Lift Station, at an estimated cost of $30,211.50. presented and read. Councilman Pfohl moved adop- tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Ludwig, Council- men McCauley, Pfohl, Pregler. Schultz. '.Nays—None. (Necessity for Improvement) RESOLUTION NO. 30547 WHEREAS, proposed plans, specifications, form of contract, plat and schedule have been duly prepared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk showing among other things the following: 1. The size and kind of sewers. 2. Each lot proposed to be assess- ed together with a valuation fixed by the council. 3. An estimate of the cost of the proposed improvement, stating the same for each different type of construction and kind of material to be used. 4, in each case the amount there- of which is estimated to be assess- ed against each lot, for the Con- struction of an eighteen inch (18") sanitary sewer from the westerly property line of Block 3 of Nau- man Addition westerly a distance of 166 feet thence a twelve inch (12") sanitary sewer westerly through Lot 1-1.2.2-1.1 and Lot 2- 1-2.2-1.1 of Highland Farm to the westerly property of J. F. Kennedy Road, also a twelve inch (12") san- itary sewer from the westerly point of the eighteen inch (18") sanitary sewer southerly through Lot 2.2.2- 1.1.1.1-1 of Clarence Arlen Place to the existing Kaufman Avenue Lift Station. BE IT THEREFORE RESOLVED that the City Council on its own motion or upon petition of proper- ty owners, deems it advisable and necessary for the public welfare to make the herein mentioned im- provement, and unless property owners at the time of the final consideration of this proposed reso- lution have on file with the City Clerk objections to the amount of the proposed assessments. they shall be deemed to have waived all objections thereto. Said improvements shall he con- structed and done in accordance with the plans and specifications which have been prepared there- fore by the City Engineer which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said improve- ment will be assessed upon and against all privately owned prop- erty lying within assessable dis- tance provided by law and in an amount not to exceed the amount provided by law, property will be assessed whether the same abuts thereon or is adjacent thereto according to area and in propor- tion to the special benefits confer- red thereby, and any deficiency shall be paid out of the sewer funds. Bonds shall be issued and sold in anticipation of deferred pay- ments of assessments when a con- tract has been performed and ac- cepted and the proceeds thereof used to pay the contractor. The Special Session, September 25, 1967 473 railway portion of any street or 1 assessment district shall be assess- r ed to and paid by the railway 1 company. ; The above resolution was intro- duced, approved and ordered plac- ed on file with the City Clerk this 25th day of September, 1967. Richard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler Councilmen Attest: Leo F. Frommelt, City Clerk Councilman Pregler moved ap- proval of the resolution. Seconded by Mayor Ludwig. Carried by the following vote: Yeas — Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays — None. (Fixing date of hearing) RESOLUTION NO. 306.67 WHEREAS, the City Council of the City of Dubuque, Iowa, has by Resolution No. 304-67 given its pre- liminary approval on the proposed plans, specifications and form of contract and placed same on file in the office of the City Clerk for public inspection, for the Construction of an eighteen inch (18") Sanitary Sewer from the westerly property line of Block 3 of Nauman Addition westerly a distance of 166 feet thence a twelve inch (12") Sani- tary Sewer westerly through Lot 1-1.2.2-1.1 and Lot 2.1.2-2-1-1 of Highland Faun to the westerly property of J. F. Kennedy Road also a twelve inch (12") Sanitary Sewer from the westerly point of the eighteen inch (18") Sanitary Sewer southerly through Lot 2- 2.2.1.1.1.1.1 of Clarence Arlen Place to the existing Kaufmann Avenue Lift Station 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 inspection, BE IT THEREFORE RESOLVED that on the 6th day of November, 1967, a public hearing will be held at 7:30 o'clock P.M., C.S.T., in the Council Chamber in the City Of "Oft'. )ubuque at which time the owners ,f property subject to assessment 'or the proposed improvement may ippear and make objection to the iroposed plans and specifications and proposed form of contract and it the same time to the boundaries A the proposed district, to the cost If the improvement, to the amount - proposed to be assessed against any lot 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 hera- ing to be published in some news- paper published in the city of Du- buque, 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 prop- erty owners at the time of final consideration of said resolution have on file with the Clerk objec- tions to the amount of the proposed assessment, they shall have been deemed to have waived all objec- tions thereto, at which hearing the Council will hear such objections and enter on record its final deci- sion thereon. Passed, adopted and approved this 25th day of September, 1967. Richard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pfohl moved adop- tion of the resolution. Seconded by Councilman McCauley. Carried by the following vote: Yeas — Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. Nays—None. RESOLUTION NO. 307-67 Resolution Accepting Delivery of Grant of Temporary Easement For Flood Protection Works. WHEREAS, The Aspermont Com- pany has executed and Wad arrant red to City of Dubuque, of temporary easement in, on, over, and across the following described real estate, to wit: A portion of that unplatted area lying east of the easterly lot lines of part of Lot 3, part of 474 Special Session, Septembt,r _25. Mil Lot 4, Lots 5, 6. 7, 8. 9, and 10 in Block 3 and Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, and 10 in Block 4 of Dubuque Harbor Improvement Co.'s Addition to the City of Du- buque, Iowa, according to the recorded plat thereof, including the continuation of said easterly lot line between Lot 10 of Block 3 and Lot 1 of Block 4 traversing Pine Street (vacated), to the Mis- sissippi River, all of which un - platted area extends from the southerly street line of Fourth Street Extension projected to the said river and to the north. erly street line of Wall Street projected to the said river, along with all riparian rights incident thereto and recognized under the law of the State of Iowa, which portion is outlined in red on the plat attached hereto, marked Ex- hibit "A" and by this reference made a part hereof. The rights of Grantee under this temporary Flood Control Easement Deed shall terminate on December 31, 1971. in connection with City of Dubuque Flood Control Plan. NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa: Section 1. Delivery of grant of temporary easement to City of Du- buque, Iowa by The Aspermont Company dated the 15th day of September, 1967, be and the same is hereby accepted by the City of Dubuque, Iowa. Section 2. That the City Clerk be and he is hereby ordered to exe- cute the certificate of Clerk af- fixed to such granting instrument and cause said grant of temporary easement to be recorded in the office of the Recorder in and for Dubuque County, Iowa, together with this Resolution. Passed, adopted and approved this 25th day of September, 1967. Richard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Pfohl. Carried by the following vote: Yeas - Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. Nays -None. RESOLUTION NO. 308.67 RESOLUTION ACCEPTING DE- LIVERY OF GRANT OF EASE- MENT FOR FLOOD PROTEC- TION WORKS. WHEREAS, The Aspermont Com- pany has executed and delivered to City of Dubuque, Iowa, a grant of perpetual easement in, on, over, and across the following described real estate, to wit: A portion of that unplatted area lying east of the easterly lot lines of part of Lot 3, part of Lot 4, Lots 5, 6, 7, 8, 9, and 10 in Block 3 and Lots 1, 2, 3, 4. 5, 6, 7, 8, 9, and 10 in Block 4 of Du- buque Harbor Improvement Co.'s Addition to the City of Dubuque, Iowa, according to the recorded plat thereof, including the con- tinuation of said easterly lot line between Lot 10 of Block 3 and Lot 1 of Block 4 traversing Pine Street (vacated), to the Missis- sippi River, all of which un - platted area extends from the southerly street line of Fourth Street Extension projected to the said river and to the northerly street line of Wall Street pro- jected to the said river, along with all riparian rights incident thereto and recognized under the law of the State of Iowa, which portion is outlined in red on the plat attached hereto, marked Ex- hibit "A' and by this reference made a part hereof in connection with City of Du- buque Flood Control Plan. NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa: Section 1. Delivery of grant of perpetual easement to City of Du- buque, Iowa by The Aspermont Company dated the 15th day of September, 1967, be and the same is hereby accepted by the City of Dubuque, Iowa. Section 2. That the City Clerk be and he is hereby ordered to execute the certificate of Clerk af- Special Session, September 25, 1967 475 fixed to such granting instrument and cause said grant of perpetual casement to be recorded in the of- fice of the Recorder in and for Dubuque County, Iowa, together with this Resolution. Passed, adopted and approved this 25th day of September, 1967. Richard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Pfohl. Carried by the following vote: Yeas — Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. Nays—None. RESOLUTION NO. 309-67 Resolution Accepting Delivery of Grant of Easement for Flood Protection Works. WHEREAS, The Aspermont Company has executed and deliv- ered to City of Dubuque, Iowa, a grant of perpetual easement in, on, over, and across the following described real estate, to wit: A portion of that unplatted area lying east of the easterly lot lines of part of Lot 3, part of Lot 4, Lots 5, 6, 7, 8, 9, and 10 in Block 3, and Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, and 10 in Block 4 of Dubuque Harbor Improvement Co.'s. Addition to the City of Dubuque, Iowa, according to the recorded plat thereof, including the continuation of said easterly lot line between Lot 10 of Block 3 and Lot 1 of Block 4 travers. ing Pine Street (vacated), to the Mississippi River, all of which unplatted area extends from the southerly street line of Fourth Street Extension projected to the said river and to the northerly street line of Wall Street pro- jected to the said river, along with all riparian rights incident thereto and recognized under the law of the State of Iowa. which portion is delineated by broken lines and colored green on the Plat attached hereto, marked Ex. hibit "A" and by this reference made a part hereof. in connection with City of Dubuque Flood Control Plan. NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa: Section 1. Delivery of grant of perpetual easement to City of Du- buque. Iowa by The Aspermont Company dated the 15th day of September. 1967, be and the same is hereby accepted by the City of Dubuque, Iowa. Section 2. That the City Clerk be and he is hereby ordered to execute the certificate of Clerk af- fixed to such granting instrument and cause said grant of perpetual easement to be recorded in the of- fice of the Recorder in and for Du. buque County, Iowa, together with this Resolution. Passed, adopted and approved this 25th day of September, 1967. Richard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Pfohl. Carried by the following vote: Yeas — Mayor Ludwig, Coun• oilmen McCauley, Pfohl, Pregler, Schultz. Nays—None. RESOLUTION NO. 310.67 BE IT RESOLVED by the City Council of the City of Dubuque, lowa, that the following having complied with the provisions of law relating to the sale of Cig- arettes within the City of Dubuque, ll Iowa, be granted a pe o Cigarettes and Cigarette Papers within said City. Mount Saint Bernard Seminary, 2360 Carter Road (Effective Oct. 1, 1967) BE IT FURTHER RESOLVED that the bonds filed with the app li- cation be approved. 476 Spacial Session, September 25, 1%7 Passed, adopted and approved this 25th day of September, 1956. Richard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Pfohl. Carried by the following vote: Yeas — Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. Nays—None. RESOLUTION No. 311-67 WHEREAS, applications for Beer Permits have been submitted to this Council for approval and the same have been examined: NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the following applica- tions be granted and licenses be issued upon the compliance with the terms of the ordinances of the City. CLASS "B" BEER PERMIT Arsenius A. Hanson, 107 Locust Street Theodore J. Ferring, 385 East 13th Street CLASS "C" BEER PERMIT Randalls Foodarama, 2600 Dodge Street Plaza 20 Passed, adopted and approved this 25th day of September, 1967. Richard Ludv.,ig Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler Councilmen Attest: I.eo F. Frommelt City Clerk Mayor Ludwig moved adoption of the resolution. Seconded by Councilman Pfohl. Carried by the following vote: Yeas — Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. Nays—None. RESOLUTION NO. 31247 WHEREAS, applications for Beer Permits were filed by the within named applicants and they have re- ceived 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 Arsenius A. Hanson, 107 Locust Street Theodore J. Ferring, 385 East 13th Street CLASS "C" BEER PERMIT Randalls Foodarama. 2600 Dodge Street Plaza 20 BE IT FURTHER RESOLVED that the bonds filed by such appli- cants be and the same are hereby approved. Passed, adopted and approved this 25th day of September, 1967. Richard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Mayor Ludwig. Carried by the fol- lowing vote: Yeas -- Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. Nays—None. There being no further business Councilman McCauley moved to ad- journ. Seconded by Councilman -"K.. Special Session, September 25, 1%7 477 Pregler. Carried by the following vote: Yeas — Mayor Ludwig. Coun- cilmen McCauley, Pfohl, Pregler, Schultz. Nays—None. Leo F. Frommelt City Clerk Approved . January... Adopted �:. ...... �.. ad. ...> Jaz . .. .... . ....... .. /.... . ............ ...... . Councilmen 4... .......... City Clerk Regular Session, Octoixr 2, 198, 479 CIT' COUNCIL COMPREHENSIVE LIABILITY Curtis Straub Co., Phoenix Assur- ance Company (OFFICIAL) Donald L. Ohmert, American State Insurance Company Regular Session, October 2, 1967. Council met at 7:30 P.M. (D.S.T.) Present—Mayor Ludwig, Council- men Pfohl, Prgeler, Schultz. City Manager Gilbert D. Chavenelle. Absent—Councilman McCauley. Mayor Ludwig read the call and stated that service thereof had been duly made and this is the REGULAR MONTHLY MEETING of the City Council called for the purpose of acting upon such busi- ness as may properly come before the meeting. September 27, 1967 To the Honorable Mayor and City Council Gentlemen: I herewith submit the reports of the City Treasurer, City Water De- partment and City Auditor, as well as a list of claims and payrolls for which warrants were issued for the month of August, 1967. Respectfully Gilbert D. Chavenelle City Manager Councilman Pregler moved that the reports be received and filed. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Mayor Ludwig, Coun- cilmen Pfohl, Pregler, Schultz. Nays ---None,. Absent—Councilman McCauley. Proof of Publication, certified to by the Publisher, of Statement o Receipts and a list of claims fo which warrants were issued during August 1967, presented and read Councilman Pfohl moved that the proof of publication be receive and filed. Seconded by Council man Schultz. Carried by the fo lowing vote: Yeas — Mayor Ludwig, <'ou cilmen Pfohl, Pregler, Schultz, Nays—None. Absent—Councilman McCauley. October 2. 1`• SIDEWALK John R. Altman, Western Surety Company Michael J. Bock, United States Fi- delity and Guaranty Co. Vincent Conrad, Merchants Mutual Bonding Company Roy Fredrick, Western Surety Com- pany Bud Galton, Merchants Mutual Bonding Company Dick Loetscher, Inc., Continental Casualty Company Richard J. Schiltz, Merchants Mu- tual Bonding Company Respectfully, Gilbert D. Chavenelle, City Manager Councilman Pregler moved that the policies and bonds be filed sub- ject to approval of the City Solic- itor. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Mayor Ludwig, Council- men Pfohl, Pregler, Schultz. Nays — None. Absent — Councilman McCauley. October 2, 1967 To the Honorable Mayor and City Council Gentlemen: I request that City Clerk Leo F. Frommelt be authorized to sign city papers for the city manager while I am away October 5th through October 12th. These papers f will largely consist of requisitions, purchase orders and warrants. r Respectfully requested, Gilbert D. Chavenelle City Manager roval Mayor Ludwig moved app I of the request. Seconded by Coun- cilman Schultz. Carried by the fol I lowing vote: Yeas — Mayor Ludwig, Council- men Pfohl, Pregler, Schultz. Nays—None. Absent—Councilman McCauley. Petition of Mrs. Joseph being critical Nil of 3358 Tilley Court, To the Honorable mayor of the distance from her home to the polling place in the eleven and City Council precinct and requesting a Polling Gentlemen: lace closer to her residence, pre - This is to advise that llic eseand rented and read. proved the followin6 t The City Clerk presented ennote e - bonds and desire to have your aP' I to the Council by proval on same .1S0 11(,giil:+1. Session, October 2, 199 questing withdrawal of the peti- tion. Mayor Ludwig then moved that the petition be received and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Ludwig, Council. men Pfohl, Pregler, Schultz. Nays—None. Absent—Councilman McCauley. Petition of Elroy J. Hinz et al, said petition being previously pre- sented without action, objecting to construction of steel garage at 1385 Asbury Street, presented and read. Councilman Pregler moved that the petition be referred to the Manager and Building Commissioner to re- solve the problem. Seconded by Councilman Pfohl. Carried by the following vote: Yeas — Mayor Ludwig, Council- men Pfohl, Pregler, Schultz. Nays—None. Absent—Councilman McCauley. Petition of Peoples Natural Gas requesting permission to excavate on Pennsylvania Ave. near Drexel, presented and read. Councilman Pfohl moved approval of the peti- tion subject to approval of the En- gineering Department. Seconded by Mayor Ludwig. Carried by the fol- lowing vote: Yeas — Mayor Ludwig, Council men Pfohl, Pregler, Schultz. Nays—None. Absent—Councilman McCauley. Petition of Rev. John Wilkinson et al requesting change of address from 825 and 855 Rockdale Road to 825 and 855 S. Grandview Heights, presented and read. Coun- cilman Pfohl moved that the peti- tion be referred to the Building Department. Seconded by Council- man Schultz. Carried by the fol- lowing vote: Yeas — Mayor Ludwig, Council- men Pfohl, Pregler, Schultz. Nays—None. Absent—Councilman McCauley. Petition of Tina Schiltz request- ing that Halloween be held on Oc- tober 27, 1967, presented and read. Councilman Schultz moved that the petition be received and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Ludwig, Council- men Pfohl, Pregler, Schultz. Nays—None. Absent—Councilman McCauley. Petition of Muscular Dystrophy Associations requesting permission to conduct a house to house appeal in the middle of October, presented and read. Councilman Pregler moved that the petition be referred to the Mayor and City Manager. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Mayor Ludwig, Council- men Pfohl, Pregler, Schultz. Nays --None. Absent—Councilman McCauley. Petition of Glen C. Bartmann re- questing erection of a street light at the intersection of two alleys located north of Edison Street, pre. sented and read. Councilman Schultz moved that the petition be referred to the Manager and Electrical Inspector for investiga- tion and report. Seconded by Coun- cilman Pfohl. Carried by the fol- lowing vote: Yeas — Mayor Ludwig, Council- men Pfohl, Pregler, Schultz. Nays—None. Absent—Councilman McCauley. Petition of Everett Hauber re- questing annexation of Lot 1 of 2 of Haubers U. S. Highway No. 20 Place Sec. 27, Dubuque Twp. and Lot 2 of 2 of Haubers U. S. High- way No. 20 Place Sec. 27, Dubuque Twp. presented and read. Council- man Pfohl moved that the petition be approved and referred to the City Solicitor for proper proceed- ings. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Mayor Ludwig, Council- men Pfohl, Pregler, Schultz. Nays—None. Absent—Councilman McCauley. Petition of Y.M.C.A. requesting permission to hold a Halloween parade either on October 30th or 31st, presented and read. Council- man Schultz moved that the peti- tion be referred to the Mayor and City Manager. Seconded by Coun- cilman Pregler. Carried by the fol- lowing vote: Yeas — Mayor Ludwig, Council- men Pfohl, Pregler, Schultz. Nays—None. Absent—Councilman McCauley. Petition of Raymond Flecken- stein requesting a refund of $75 on the unexpired portion of cig- arette license No. 200, as he has discontinued business on Septem- ber 1, 1967, presented and read. Mayor Ludwig moved that the pe- tition be approved and the Auditor instructed to issue proper warrant. Regular Session, Octoher 2, 19677 481 Seconded by Councilman Schultz. Carried by the following vote: Yeas — Mayor Ludwig, Council- men Pfohl, Pregler, Schultz. Nays—None. Absent—Councilman McCauley. Petition of Richard Alderson re- questing a refund of $75 on the un- expired portion of cigarette license No. 138, as he has discontinued business on September 29, 1967, presented and read. Mayor Ludwig moved that the refund be granted and the Auditor instructed to is- sue proper warrant. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Mayor Ludwig, Council- men Pfohl, Pregler, Schultz. Nays—None. Absent—Councilman McCauley. Statement of City Clerk certify- ing that notices of public hearing were mailed to property owners of record by certified mail on Sep- tember 6, 1967, who would be sub- ject to assessment for the proposed construction of City of Dubuque 1967 Asbury Road Water Main Project No. 1, presented and read. Councilman Pfohl moved that the statement be received and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Ludwig, Council- men Pfohl, Pregler, Schultz. Nays—None. Absent—Councilman McCauley. Petition of Richard Alderson re- questing a refund of $100 on the unexpired portion of Class B beer license No. 42, as he has discon- tinued business on September 29. 1967, presented and read. Mayor Ludwig moved that the refund be granted and the Auditor instructed to issue proper warrant. Seconded by Councilman Schultz. Carried by the following vote: Yeas—Mayor Ludwig, Council- men Pfohl, Pregler, Schultz, Nays—None. Absent—Councilman McCauley. Proof of Publication, certified to by the Publisher, of notice to prop- erty owners of date of public hear- ing to consider proposal to con- struct City of Dubuque 1967 As- bury Road Water Main Project No. 1 from the W.P.L. of John F. Kennedy Road to the W.P.L. of Lot 1 of i of 1 of Asbury Park Sub. in Section 21, Dubuque Twp., Du- buque, Iowa with the exception of a section from the W.A.L. of Lot 1 of Block 10 of Westchester Sub. to the W.P.L. of St. John Drive, presented and read. No written objections were filed and no oral objectors were present in the Council Chamber at the time set for the public hearing. Ma- yor Ludwig moved that the proof of publication be received and filed. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Mayor Ludwig, Council men Pfohl, Pregler, Schultz. Nays—None. Absent—Councilman McCauley. RESOLUTION NO. 273-67 Resolution of necessity for con- struction of City of Dubuque 1967 Asbury Road Water Main Proiect No. 1, also setting time and place of hearing and pre• scribing notice for City of Du- buque 1967 Asbury Road Water Main Proiect No. I. WHEREAS, proposed plans and specifications, plat and schedule have been duly prepared and ap- proved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk showing, among others things, the following: a. An estimated total cost of the work. b. The amount proposed to be assessed against each lot for the improvement for the construction of (description of improvement) City of Dubuque 1967 Asbury Road Water Main Project from the west property line of John F. Kennedy Road to the west property line of Lot 1 of Lot 1 of Lot 1 of Asbury Park Subdi- vision in Sec. 21—Dubuque Town- ship, Dubuque, Iowa with the ex- ception of a section from the west property line of Lot 1 of Block 10 of Westchester Subdivision of to the John West property Drive. Be It Therefore Resolved b` City Council of the City ` Du- buque, ION'a: 1. That the City Council deems it advisable and necessary for the 482 Regular Session, October ?, 1967 public welfare to make said im provement. 2. Said improvement shall be constructed and done in accord- ance with said plans and specifi- cations and a portion of the total cost of making said improvement shall be assessed against all pri- vately owned property lying within the assessment district shown on such plat in an amount not to ex- ceed the amount provided by law and in proportion to the special benefits conferred thereby and the remainder of the total cost shall be paid out of the Water Works Depreciation fund. 3. Bonds shall be issued and sold in anticipation of deferred pay- ments of assessments when a con- tract has been performed and ac- cepted and the proceeds thereof used to pay the contractor. 4. On the 2nd day of October. 1967 at 7:30 P.M., the City Council will meet in the City Council chambers in the City Hall, in the City of Dubuque, Iowa and hear property owners subject to the as- sessment and interested parties for and against the improvement, its cost, the assessment thereof, or the boundaries of the district. 5. The City Clerk is hereby au- thorized and directed to cause pub- lic notice of the date, time and place of hearing to be given by publication once each week for two consecutive weeks the first of which publications shall be not less than fifteen nor more than twenty- five days prior to said hearing and by mailing a copy of said notice by certified mail to the owners of said property to be assessed, as shown by the records in the of- fice of the County Auditor not less than fifteen days prior to said hear- ing on or before the first publica- tion of the notice. Approved on first reading this 5th day of September, 1967. Richard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler Councilmen Attest: Leo F. Frommelt City Clerk Passed, adopted and approved as proposed, this 2nd day of October, 1967. Richard Ludwig Mayor Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pfohl moved adop- tion of the resolution. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Mayor Ludwig, Council- men Pfohl, Pregler, Schultz. Nays—None. Absent—Councilman McCauley. RESOLUTION NO. 313-67 Resolution Approving Detailed Plans, Specifications, Form of Contract and Notice to Bid- ders, and Directing Advertise- ment to Bidders. WHEREAS the City Council of the City of Dubuque, Iowa has heretofore adopted Resolution No. 273-67 being a Resolution of Neces- sity for the construction of City of Dubuque 1967 Asbury Road Water Main Project No. 1 from the west property line of John F. Ken- nedy Road to the west property line of Lot I of Lot 1 of Lot 1 of Asbury Park Subdivision in Sec. 21 — Dubuque Township Dubuque, Iowa with the exception of a sec- tion from the west property line of Lot 1 of Block 10 of Westchester Subdivision to the west property line of St. John Drive and, WHEREAS the City Engineer has submitted and filed with the City Clerk detailed plans and spec- ifications, form of contract and notice to bidders for said improve- ment, NOW THEREFORE, BE IT RE- SOLVED that said plans, specifica- tions, form of contract, and notice to bidders are hereby approved, and that the City Clerk is hereby authorized and directed to publish said notice to bidders, in the man- ner provided by law, once each week for two consecutive weeks, the first of which publications shall not be less than twelve (1 2) days before the date set in said notice for receiving bids. Regular Session, October 2, 196; 4&3 Passed, adopted and approved this 2nd day of October 1967. Richard Ludwig Mayor Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler Councilmen Attest: Leo F. Frommelt, City Clerk Councilman Pfohl moved adop- tion of the resolution. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Mayor Ludwig, Council- men Pfohl, Pregler, Schultz. Nays —None, Absent—Councilman McCauley. Proof of Publication, certified to by the Publisher, of notice of pub- lic hearing to consider a report by the Manager relative to the delapi- dated condition of the property lo- cated at 1501 Elm Street, presented and read. Councilman Pfohl moved that the proof of publication be received and filed. Seconded by Councilman Schultz. Carried by the following vote: Yeas --- Mayor Ludwig, Council- men Pfohl, Pregler, Schultz. Nays—None. Absent—Councilman McCauley. Proofs of service and notices sent by certified mail to Mr. and Mrs. Charles Fenley of 2767 Carl- ton St. and also Mr. Delbert A. Bowden of 410 North Harvard, Villa Park, 111. of public hearing relative to the building at 1501 Elm Street, presented and read. Coun- cilmen Pfohl moved that the proofs of notices and service be received and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Ludwig, Council- men Pfohl, Pregler, Schultz. Nays—None. Absent—Councilman McCauley. Mayor Ludwig moved that the rules be suspended in order to let anyone address the Council if they so desire. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Mayor Ludwig, Council- men Pfohl, Pregler, Schultz. Nays—None. Absent—Councilman McCauley. Mrs. Charles Fenley, owner of the property at 1,501 Elm street, addressed the Council by stating that she has a contractor under contract to reconstruct the prop- erty and make it a habitable place to live. The Council agreed to view the premises on the following day at 4:30 P.M. before making a final decision on the matter. Proof of Publication, certified to by the Publisher, of notice of pub- lic hearing to dispose of interest in a portion of Lot 1 of 1 of 1 of M. L. 38 in exchange for an ease- ment over M. L. 38 from A. Y. and F. M. McDonald, presented and read. No written objections were filed and no oral objectors were present in the Council Chamber at the time of the public hearing. Mayor Lud- wig moved that the proof of pub- lication be received and filed. Sec- onded by Councilman Pregler. Car- ried by the following vote: Yeas — Mayor Ludwig, Council- men Pfohl, Pregler, Schultz. Nays—None. Absent—Councilman McCauley. RESOLUTION N0, 314.67 WHEREAS, pursuant to resolu- tion and published notice of time and place of hearing, published in the Telegraph•Herald, a newspaper of general circulation published in the City of Dubuque, Iowa, on Sep- tember 11, 1967 and September 18, 1967, City Council of Dubuque, Iowa, met on the 2nd day of Octo- ber, 1967, at 7:30 o'clock P.M. (Cen- tral Day Light Saving Time) in the City Council Chamber in the City Hall, Dubuque, Iowa, to consider a grant of easement from the City of Dubuque to A. Y. McDonald and F. M. McDonald, husband and wife as joint tenants with right of sur- vivorship and not as tenants in common. to have a perpetual ease- ment for road purposes in, over and across a portion of Lot 1 of Lot 1 of Lot 1 of Mineral Lot 38 in the City of Dubuque, Iowa, ac- cording to Plat filed in the office of the City Clerk. WHEREAS, City Council of Du- buque, Iowa, overruled any and all objections, oral or written, to the proposal to grant easement in and to the above described real es- tate. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF CITY OF DUBUQUE, IOWA: Section 1. That the grant of ease- ment by the City of Dubuque, Iowa, 184 liegular Session, October J, 1961 in and to the following described real estate: Lot 1 of Lot 1 of Lot 1 of Mineral Lot 38 in the City of Dubuque, Iowa, according to Plat filed in the office of the City Clerk, be and the same is hereby approv- ed. Section 2. That the Mayor and City Clerk are hereby authorized and empowered to execute said Grant of Easement for and on be. half of City of Dubuque, Iowa. Section 3. That the City Clerk be and he is hereby authorized and directed to record a certified copy of this Resolution in the of- fice of the Dubuque County Rec- order in and for Dubuque County, Iowa. Passed, adopted and approved this 2nd day of October, A.D., 1967. Richard Ludwig Mayor Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler Councilmen Attest: Leo F. Frommelt, City Clerk Councilman Pregler moved aodp- tion of the resolution. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Mayor Ludwig, Pfohl, Pregler, Schultz. Nays—None. Absent—Councilman McCauley. RESOLUTION NO. 31567 WHEREAS, on the 25th day of September, 1967, the City Council of City of Dubuque, Iowa, passed and approved Resolution No. 278- 67, approving annexation of cer- tain territory to the City of Du- buque, Iowa, and ordering the said proposition to be submitted to the voters of City of Dubuque, Iowa, at the election to be held on the 7th day of November, 1967; and WHEREAS, the said Resolution No. 278-67, should be rescinded. IT IS THEREFORE RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Resolution No. 278-67, passed, adopted and ap- proved on the 25th day of Septem- her, 1967, he and the same is here. by rescinded and of no further force or effect. Passed, adopted and approved the 2nd day of October, 1967. Richard Ludwig Mayor Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler Councilmen Attest: Leo F. Frommelt, City Clerk Mayor Ludwig moved adoption of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Ludwig, Council- men Pfohl, Pregler, Schultz. Nays—None. Absent—Councilman McCauley. Mayor Ludwig moved that the proposition to annex to the south be referred to the Planning & Zon- ing Commission. Seconded by Coun- cilman Pregler. Carried by the following vote: Yeas — Mayor Ludwig, Council- men Pfohl, Pregler, Schultz. Nays—None. Absent—Councilman McCauley. Councilman Pfohl moved to refer to the City Manager, and report to this Council, on legal and physical aspects on Table Mound School sewer problem. Seconded by Mayor Ludwig. Carried by the following vote: Yeas — Mayor Ludwig, Council- men Pfohl, Schultz. Nays—None. Absent—Councilman McCauley. Mr. George Paisley of Asbury Road, reminded the Council that there are schools already in town without sewers. RESOLUTION NO. 316-67 Resolution Accepting Delivery of Corrected Grant of Easement for Flood Protection Works. WHEREAS, Dubuque Tank Ter- minal Company has executed and delivered to City of Dubuque, Iowa, a corrected grant of temporary easement in, on, over and across the following described real estate, to wit: A parcel of land in Section 30, Township 89 North, Range 3 East of 5th P.M., in the City of Dubuque, Iowa, embraced within the following imundaries, to wit: Commencing at the Southeast Corner of Block 6, in Dubuque Harbor Co.'s Addition, thence 14%V. - Regular Session, October ?, 1967 485 South 82' East 154.05 feet, thence South 3'38' East 226.0 feet, to the Northwest Corner of the Lessor's Dock House, which is the point. of beginning: thence along the North Face of Lessor's Dock house to the Northeast cor• ner thereof, a distance of 79.5 feet; thence along the Fast Face of Lessor's Dock House, a dis- tance of 77.5 feet; thence North 87"421,12' Fast 84 feet; thence North 1'40%' East 81.03 feet; thence North 33`2654' West 142 feet: thence North 25 1054' West 88.2 feet: thence North 21'40'50" West 71.9 feet; thence North 31" 581/2' West 151 feet; to the North- erly Boundary of the Tract here- in described: thence South 72` 5617' West 20.17 feet; thence South 2`12%' Fast 400.1 feet; thence North 87`27112' East, more or less, a distance of 56.25 feet, to the Nortbwest Corner of Les- son's lock }louse, which is the place of beginning, which parcel it outlined in red on the plat attached hereto, marked Exhibit "A" and by this reference made a part hereof in connection with City of Du- buque Flood Control Plan. NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa: Section 1. Delivery of corrected grant of temporary easement to City of Dubuque, Iowa by Dubuque Tank Terminal Company dated the 26th day of September, 1967, be and the same is hereby accepted by the City of Dubuque, Iowa. Section 2. That the City Clerk be and he is hereby ordered to execute the certificate of Clerk af. fixed to such granting instrument and cause said corrected grant of Winpurary easement to be recorded in the office of the Recorder in and for Dubuque County, Iowa, to- geLher with this Resolution. Passed, adopted and approved this 2nd day of October, 1967. Richard Ludwig Mayor Merlin F. Schultz Eldon A Pfohl Walter A. Pregler Counciltnen Attest: Leo F. F rommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Pfohl. Carried by the following vote: Yeas -- Mayor Ludwig, Council- men Pfohl, Pregler, Schultz, Nays—None. Absent—Councilman McCauley. RESOLUTION NO. 317.67 Resolution Accepting Delivery of Corrected Grant of Ease. ment for Flood Protection Works, WHEREAS, Dubuque Tank Ter. minal Company has executed and delivered to City of Dubuque, Iowa, a corrected grant of perpetual easement in, on, over and across the following described real estate, to wit: A parcel of land in Section 30, Township 89 North, Range 3 Fast of 5th P.M., in the City of Dubuque, Iowa, embraced within the following boundaries, to wit: Commencing at the Southeast Corner of Block 6, in Dubuque Harbor Co.'s Addition, thence South 82 , East 154.05 feet, thence South 3`38' East 226.0 feet, to the Northwest Corner of the Lessor's Dock House, which is the point of beginning; thence along the North Face of Lessor's Dock House to the Northeast corner thereof, a distance of 79.5 feet; thence along the East Face of Lessor's Dock House, a dis- tance of T7.5 feet; thence North 871'42X2' East 84 feet; thence North 11,49%' East 81.03 feet; thence North 33'26/2' West 142 feet; thence North 251 10V West 88.2 feet; thence North 21"40'50" West 71.9 feet, thence North 31`58%,' West 151 feet; to the Northerly Boundary of the Tract herein described; thence South 72156',-e' West 20.17 feet; thence South 2'12'/2' East 400.1 feet; thence North 87027'/2' East, more or less, a distance of 56.25 feet, to the Northwest Corner of Lessor's Dock House, which is the place of beginning, which parcel is outlined in red on the plat attached hereto, marked Exhibit "A" and by this reference wade a part hereof. in connection with ('ity of Dubuque Flood ('ontrol Plan. a86 Regular Session, October 2, 11I NOW THEREFORE BE IT TRE- CITY COUNCIL OF E E HECITYOF DUBUQUE, IOWA: Section 1. Delivery of corrected grant of perpetual easement to City of Dubuque. Iowa by Dubuque Tank Terminal Company dated the 26th day of September, 19671 be and the same is hereby accepted by the City of Dubuque, Iowa. Section 2. That the City Clerk be and he is hereby ordered to exe- cute the certificate of Clerk affixed to such granting instrument and cause said corrected grant of per- petual easement to be recorded in the office of the Recorder in and for Dubuque County, Iowa, togeth- er with this Resolution. Passed, adopted and approved this 2nd day of October, 1967. Richard Ludwig Mayor Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler Councilmen Attest: Leo F. Frommelt, City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Pfohl. Carried by the following vote: Yeas — Mayor Ludwig, Council- men Pfohl, Pregler, Schultz. Nays — None. Absent — Councilman McCauley. RESOLUTION NO. 318.67 Preliminary approval of plans, specifications, form of contract, and all other documents for the construction of the STAFFORD STPEET WATER PUMPING STA- TION, at an estimated cost of $13,000. presented and read. Coun- cilman Pfohl moved adoption of the resolution. Seconded by Coun- cilman Pregler. Carried by the fol- lowing vote: Yeas — Mayor Ludwig, Council- men Pfohl, Pregler, Schultz. Nays — None. Absent — Councilman McCauley. on file in the office of the City Clerk showing among other things the following: (1) The plan of such improve- ment. (2) An estimate of the cost of the improvement. for the construction of the Stafford Street Water Pumping Station. BE IT THEREFORE RESOLVED that the City Council on its own motion, deems it advisable and necessary for the public welfare to make the herein mentioned im- provement, and unless property owners at the time of the final consideration of this proposed res- olution have on file with the City Clerk, objections to the amount of the cost of the improvement, they shall be deemed to have waived all objections thereto. Said improvement shall be con- structed and done in accordance with the plans and specifications wihch have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said im- provement will be paid from the Water Works Depreciation Fund. The above resolution was intro- duced, approved and ordered placed on file with the City Clerk this 2nd day of October, 1967. Approved and placed on file for final action. Approved: Richard Ludwig Mayor Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler Councilmen Attest: Leo F. Frommelt City Clerk Mayor Ludwig moved approval of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Ludwig, Council- men Pfohl, Pregler, Schultz. Nays—None. Absent—Councilman McCauley. (Necessity for Improvement) RESOLUTION NO. 319.67 WHEREAS, proposed plans, specifications, and form of contract have been duly prepared and ap- proved by the City Council of the City of Dubuque, Iowa and are now (Ordering Construction) RESOLUTION NO. 32467 BE IT RESOLVED by the City Council of the City of Dubuque, Iowa that pursuant to a Resolution of Necessity No. 319-67 which was duly passed by this Council for the liegidar Session, October 2, 19Ri TS construction of the Stafford Street Water Pumping Station. Be and the same is hereby or- dered constructed by this Council upon its own motion and with or without the petition of property owners. 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 Wa- ter Works Depreciation 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 by the City Council. Passed, adopted and approved this 2nd day of October, 1967. Richard Ludwig Mayor Merlin F. Schultz Eldon A. Pfohl Walter A. Pregier 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 Ludwig, Council. men Pfohl, Pregler, Schultz. Nays—None. Absent ----councilman McCauley. FIXING DATE OF HEARING RESOLUTION NO. 321.67 WHEREAS, the City Council of the City of Dubuque, Iowa alhas giv- en its preliminary app the proposed plans, specifications, and form of contract and placed same on file in the office of the City Clerk for public inspection for the construction of the Stafford Street Water Pumping Station. SOLVED BE IT TIIEREFORE R[ October, that on the 23rd day 1967, a public hearing will be at 7:30 P.M. in the Council Chamber of the City of Dubuque at whit time the objectors for the propose improvement may appear an make objection to the propose plans and specifications. form o contract and cost of said improve meat, and the City Clerk be an e is hereby directed to cause a otice of the time and place of uch hearing to be published in ome newspaper published in the ,,Fly of Dubuque, Iowa which shall not less than ten (10) days prior o the day fixed for its considera. ion, and the City Clerk be and he s hereby directed to have pub- ished the notice of pendency for ;aid improvement, and the City Aerk is hereby directed to adver- tise for proposals to the contract- 3rs for the construction of the Above-mentioned improvement. Passed, adopted and approved this 2nd day of October, 1967. Richard Ludwig Mayor Merlin F. Schultz Eldon A. Pfohl \Valter A. Pregler 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 Ludwig, Council- men Pfohl, Pregler. Schultz. Nays — None. Absent — Councilman McCauley. October 2, 1967 To the Honorable Mayor dnd City Council Gentlemen: This is to advise you that the City of Dubuque 1967 Hot Mix Hot Laid Asphaltic Concrete Paving Project No. 1 has been completed in accordance. with the City of Dubuque plans and specifications. 1, therefore. recommend the ac- ceptance of the above-named pro. ject. Respectfully submitted. Gilbert D. Chavenelle, City Manager Councilman Pfohl moved ap- proval of the Manager's recoCouncil- mendation. Seconded by man Pregler. Carried by the follow- ing vote: Council - Yeas — Mayor Ludwig, men Pfohl, Pregler, Schultz. Nays — None. h Absent -- Councilman McCauley - FINAL d FINAL ESTIMATE d RESOLUTION NO. 322.67 f the contract for the N'HoE Dubuque 1967 Hot Mix- d ,City 488 lielnilxr Session, October '?. 111(ii Hot Laid Asphaltic Concrete Pav- I ing Project No. 1: Bryant Street—from the N.P.L. of Grandview Avenue to the S.P.L. of Dodge Street. Grandview Avenue—from the E. P.L. of Southern Avenue to the W.P.L. of Kerrigan Road, Madison Street—from the N.P.L. of 17th Street to the S.P.L. of Clarke Drive. Main Street—from the N.P.L. of Railroad Avenue to the S.P.L. of Jones Street. White Street—from the N.P.L. of loth Street to the S.P.L. of 22nd Street. has been completed and the City Engineer has submitted his final estimate showing the cost thereof including the cost of estimates, no- tices, inspection, and preparing the assessment and plat, now therefore, BE IT RESOLVED, by the City Council of the City of Dubuque, That the cost of said improve- ment is hereby determined to be $102,162.88. That $62,673.74 of the cost there- of shall be assessable upon private property and $39,489.14 shall be paid from the 135K Street Road Use Tax Fund of the City of Du- buque. Passed, adopted and approved this 2nd day of October, 1967. Richard Ludwig Mayor Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler 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 Ludwig, Council- men Pfohl, Pregler, Schultz. Nays—None. Absent—Councilman McCauley, cate stating that the same has been completed according to the terms of the contract, plans and specifi- cations and recommends its accept- ance, now therefore, BE IT RESOLVED, by the City Council of the City of Dubuque, that the recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted and the City En- gineer be and is hereby directed to prepare a plat and schedule show- ing the lots or parcels of real es- tate subject to assessment for said improvement and File the same in the office of the City Clerk subject to public inspection and said Clerk shall upon receipt of such plat and schedule publish the notice of the Council's intention to levy special assessments therefor, as required by law. BE IT FURTHER RESOLVED, that the City Treasurer be and he is hereby directed to pay to the contractor from the funds to be realized from the sale of Street Improvement bonds issued upon the above described improvement in amount equal to the amount of his contract, less any retained per- centage provided for therein. Passed, adopted and approved this 2nd day of October, 1967. Richard Ludwig Mayor Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler Councilmen (A Resolution Accepting Improv*- ment and Directing the Clerk to Publish Notice.) RESOLUTION NO. 323.67 WHEREAS, the contract for the City of Dubuque 1967 Hot Mix -Hot Laid Asphaltic Concrete Paving Project No. 1 has been completed and the City Manager has exam- ined the work and filed his certifi- Attest: Leo F. Frommelt City Clerk Councilman Pfohl moved adop- tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Ludwig, Council- men Pfohl, Pregler, Schultz. Nays—None. Absent—Councilman McCauley. Communication of Dubuque Ad- visory Commission -Committee on Comprehensive Planning and Cap- ital Improvements Programming, recommending that the Council up• on receipt of the resolution begin immediately to prepare a 5 year Capital Improvement Program for the City, to be reviewed and up- dated annually as needed, present- ed and read. Councilman Pregler moved that the communication be Regular SEssion, October 2, 19i .189 received and filed. Seconded by Councilman Pfohl. Carried by the following vote: Yeas -- Mayor Ludwig, Council- men Pfohl, Pregler, Schultz. Nays — None. Absent — Councilman McCauley. Communication of Dubuque Ad- visory Commission submitting a resolution adopted by their body at a meeting of August 28, 1967, urging the Council to unanimously develop a priority scheduling of needed capital improvements with the City; Establish a feasible Cap- ital Improvement Program as far into the future as 25.30 years; Think more in terms of compre- hensive long-range planning where- by the citizens of Dubuque can better understand the needs and objectives of their City and begin working together now toward those purposes, presented and read. Councilman 11fohl moved that the resolution he referred to the Council. Seconded by Councilman Pregler. Carried by the following vote; Yeas — Mayor Ludwig, Council- men Pfohl, Pregler, Schultz. Nays—None. Absent—Councilman McCauley. RESOLUTION NO. 324-67 BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the following having complied with the provisions of law relating to the sale of Cigar- ettes within the My of Dubuque, Iowa, be granted a permit to sell Cigarettes and Cigarette Papers within said City. V.F.W. Post No. 9663, 521 East 22nd Street Joseph W. Satter, 3195 ,Jackson Street Donald Cain, 1481 Dodge Street BE IT FURTHER RESOLVED that the bonds filed with the ap- plication be approved. Passed, adopted and approved this 2nd day of October, 1967. Richard Ludwig Mayor Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler Councilmen Attest: Leo F. k rommelt, City (:tech ('ouncihnan Pregler moved adop• tion of the resolution. Seconded by Councilman Pfoh). Carried by the following vote: Yeas --. Mayor Ludwig, Council- men Pfohl, Pregler, Schultz. Nays — None, Absent — Councilman McCauley. RESOLUTION NO. 325.67 WHEREAS, applications for Beer Permits have been submitted to this Council for approval and the same have been examined: NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the following appiica- tions be granted and licenses be is- sued upon the compliance with the terms of the ordinances of the City. CLASS "B" BEER PERMIT Robert J. Bowen, 8th & Central Avenue Joseph E. Reisdorf, 601 Rhomberg Avenue Doris J. Tigges, 2776 Jackson Street Russell Evans, 29 8th Avenue Anthony & Bette Iielling, 701 Dodge Street CLASS "B" BEER PERMIT PRIVATE CLUB Disabled American Veterans Club, Inc., 2600 Dodge Street Plaza 20 CLASS "C" BEER PERMIT Harry Kopple, 1098 University Avenue Merlin Apel, 1195 Dodge Street Passed, adopted and approved this 2nd day of October, 1967. Richard Ludwig Mayor Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pfohl moved adop- tion of the resolution. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Mayor Ludwig, Council men Pfohl, Pregler, Schultz. Nays --None. Absent—Councilman McCauley. RESOLUTION NO. 326.67 IN,N1.ItEAS, Applications for Beer 1)ermitn were filed by the within named applicants and they have lyp Regular Session, October 2, 1967 received the approval of. this Coun- cil; and WHEREAS, the premises to be occupied by such applicants were inspected and found to comply with the ordinances of this City and they have filed proper bonds: NOW THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the Manager be and he is hereby di. rected to issue to the following named applicants a Beer Permit. CLASS "B" BEER PERMIT Robert J. Bowen, 8th & Central Avenue Joseph E. Reisdorf, 601 Rhomberg Avenue Doris J. Tigges, 2776 Jackson Street Russell Evans, 29 8th Avenue Anthony & Bette Helling, 701 Dodge Street CLASS "B" BEER PERMIT PRIVATE CLUB Disabled American Veterans Club, Inc., 2600 Dodge Street Plaza 20 CLASS "C" BEER PERMIT Harry Kopple, 1098 University Av- enue Merlin Apel, 1195 Dodge Street BE IT FURTHER RESOLVED that the bonds filed by such ap- plicants be and the same are here- by approved. Passed, adopted and approved this 2nd day of October, 1967. Richard Ludwig Mayor Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler Councilmen Attest: Leo F. Frommelt, City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Mayor Ludwig. Carried by the fol- lowing vote: Yeas — Mayor Ludwig, Council- men Pfohl, Pregler, Schultz. Nays — None. Absent — Councilman McCauley. RESOLUTION NO. 327.67 WHEREAS, applications for Liq- uor Permits have been submitted to this Council for approval and the same have been examined, NOW THEREFORE BE IT RE- SOLVED, by the City Council of the City of Dubuque, Iowa that the following applications be granted and licenses issued upon the compliance with the terms of the IOWA LIQUOR CONTROL ACT—CHAPTER 123—as amended by the 60th General Assembly. 1963. CLASS "C" COMMERCIAL ESTABLISHMENT Francis T. Kohl, 1700 Central Av. enue Leo B. Grass, 1105 University Av- enue CLASS "B" MOTEL Anthony & Bette Helling, 701 Dodge Street Passed, adopted and approved this 2nd day of October, 1967. Richard Ludwig Mayor Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler Councilmen Attest: Leo F. Frommelt, City Clerk Mayor Ludwig moved adoption of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Ludwig, Council- men Pfohl, Pregler, Schultz. Nays—None. Absent — Councilman McCauley. RESOLUTION NO. 328-67 WHEREAS, applications for Liq- uor Permits were filed by the within named applicants and they have received the approval of this Council, and WHEREAS, the premises to be occupied by such applicants were inspected and found to comply with the State Law and all City ordinances relevant thereto and they have filed proper bonds; NOW THEREFORE BE 1T Rb, SOLVED by the City Council of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named applicants a Liquor Permit. CLASS "C" COMMERCIAL ESTABLISHMENT Francis T. Kohl, 1700 Central Ave- nue Leo B. Grass, 1105 University Ave- nue CLASS "B" MOTEL Anthony & Bette Helling, 701 Dodge Street Regular Scssion, October 2, 1967 491 Passed, adopted and approved j Yeas — Mayor Ludwig, Council - this 2nd day of October, 1967. i men Pfohl, Pregler, Schultz. Richard Ludwig Nays—None. Mayor , Absent—Councilman McCauley. Merlin F. Schultz There being no further business Eldon A. Pfohl I Councilman Pfohl moved to ad - Walter A. Pregler journ. Seconded by Councilman Councilmen Pregler. Carried by the following vote: Yeas — Mayor Ludwig, Council- men Pfohl, Pregler, Schultz. Nays—None. Absent --Councilman McCauley. Leo F. Frommelt City Clerk Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Pfohl. Carried by the following vote: Yeas — Mayor Ludwig, Council- men Pfohl, Pregler, Schultz. Nays—None. Absent --Councilman McCauley. Mayor Ludwig moved that Victor Grice be re -appointed to the Air- port Commission for a six-year term to 9-14-73. Seconded by Coun- cilman Pfohl. Carried by the fol- lowing vote: Yeas — Mayor Ludwig, Council- men Pfohl, Pregler, Schultz. Nays—None. Absent --Councilman McCauley. Mayor Ludwig moved that Tom Breitbach and Rev. L. Ge re- appointed to the Playground Recreation Commission for a one year term to July 5, 1968; Mrs. James O'Brien and Gerald Me- Aleece for a two-year term to July 5, 1989; Mr. Harold Sweet and Mrs. Kay Wright for a three-year term to July 5, 1970. Seconded by Coun- cilman Pfohl. Carried by the fol- lowing vote: -wA+f, - Approved JanUary... 1,rj, .....1968. Adopted Januar ...1 „ .,�................. Councilmen City Clerk. 492 Special Session, October 16, 146; CITY COUNCIL OFFICIAL Special Session, October 16, 1967. Council met at 7:30 P.M. (D.S.T.) Present --Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. City Manager Gilbert D. Chavenelle. Mayor Ludwig read the call and stated that service thereof had been duly made and this meeting is called for the purpose of ADOPTING A RESOLUTION PRO- VIDING FOR A MUNICIPAL ELECTION AND DIRECTING PUB- LICATION OF NOTICE THERE- OF, and acting upon such other business as may properly come be- fore a regular meeting of the City Council. Communication of the Dubuque Symphony Orchestra expressing ap- preciation of the Mayor's proclama- tion and support of the Council, presented and read. Councilman Pfohl moved that the communica- tion be received and filed. Second. ed by Councilman McCauley. Car- ried by the following vote: Yeas — Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None. Communication of G. J. Perron, Commander of U. S. Coast Guard, extending thanks by request of the widow of Rear Admiral Chester I. Steele, for resolution recently passed in memory of the Admiral, presented and read. Councilman Pregler moved that the communi- cation be received and filed. Sec. onded by Mayor Ludwig. Carried by the following vote: Yeas — Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. Nays—None. Communication of League of Iowa Municipalities advising of a meeting to be held on November 15, 1967 for the purpose of submit. ting legislative ideas for the next legislative session, presented and read. Councilman Pregler moved that the communication be re- ceived and filed and that copies of same to Trades & Labor, Chamber of Commerce, and leaders of both Political parties. Seconded by Ma- yor Ludwig, Carried by the follow- ing vote: Yeas — Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. Nays—None. Printed Council proceedings pre- sented for the months of .Tune and July 1967. Councilman Pfohl moved that the proceedings be approved as printed. Seconded by Council- man McCauley. Carried by the fol- lowing rote: Yeas — Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. Nays—None. October 13, 1967 To the Honorable Mayor and City Council Gentlemen: I herewith submit the monthly reports of the City Treasurer, City Water Department, City Auditor, as well as a list of claims and pay - roils for the month of September, 1967. Respectfully, Gilbert D. Chavenelle City Manager Councilman Pfohl moved that the reports be received and filed. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Mayor Ludwig, Coun- cilmen McCauley. Pfohl, Pregler, Schultz. Nays—None. Communication of Dubuque In- dustrial Bureau submitting an ap- plication for land purchase in Du- buque Industrial Park by Lease Builders, Inc. in Block 19, River - front Sub. along the Milwaukee Railroad, presented and read. Coun. cilman Pregler moved approval of the application and referred to the City Manager and staff for proper proceedings. Seconded by Council- man Pfohl. Carried by the follow- ing vote: Yeas — Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz, Nays—None. October 12, 1967 To the Honorable Mayor and Members of the City Council Gentlemen: In accordance with the provi- sions of Chapter 365 of the 1966 Code of Iowa, the Civil Service Commission conducted written ex- aminations on October 5, 1967, for persons seeking appointment as HOUSING INSPECTOR. Sprcial Session. Octolwr 16, I(W, 493 Two gentlemen took the exami- nation but either one failed to get a passing grade. We are therefore unable to cer- tify anyone for the position of Housing Inspector from the exami- nations given on October 5, 1967. Respectfully submitted, Gerard B. Noonan Chairman LeRoy H. Giles Louis F. Fautsch Civil Service Commission Attest: Leo F. Frommelt Clerk Subscribed and sworn to before me this 12th day of October, 1967 Eugene J'Berens Notary Public Councilman Pfohl moved that the communication be received and made a matter of record. Seconded by Mayor Ludwig. Carried by the following vote: Yeas — Mayor Ludwig, Coun- cilmen McCauley, Pfohl. Pregler. Schultz. Nays—None. October 12, 1967 To the Honorable Mayor and Members of the City Council Gentlemen: In accordance with the provi- sions of Chapter 365 of the 1966 Code of Iowa. the Civil Service Commission conducted written ex- aminations for persons seeking the position of WATER PLANT OP. ERATOR, on October 5, 1967. The following named persons passed the written examinations and their names are hereby certi• fled. John E. Deutsch ........................90% Glenn T. Ries..............................73% William J. Healy ........................72% Respectfully submitted, Gerard B. Noonan Chairman LeRoy Ii. Giles Louis F. Fautsch Civil Service Commission Attest: Leo F. Frommelt Clerk Subscrib,ed and sworn to before me this 12th day of October 1967. Eugene J. Berens Notary Public Councilman Pregler moved that the communication be received and made a matter of record. Seconded by Councilman Pfohl. Carried by the following vote: Yeas — Mayor Ludwig, Coun. cilmen McCauley, Pfohl, Pregler, Schultz. Nays—None. October 12, 1967 To the Honorable Mayor and Members of the City Council Gentlemen: In accordance with the provi- sions of Chapter 365 of the 1966 Code of Iowa, the Civil Service Commission conducted written ex. aminations on October 5, 1967, for the newly created promotional po- sition of ASSISTANT CHIEF OF POLICE. The following named persons were subjected to both written and oral examinations with the follow- ing results: Written Oral Name Score Score Basten, William L.....71.66% 66.6% llaferbecker, Earl...... 71.66% 80.6% Koch, Merle ..............71.66% 57.3° O'Brien, Robert .......... 78.33%a 90.6% VonAh, William J.....76.66% 66.3% Respectfully submitted, Gerard B. Noonan Chairman LeRoy H. Giles Louis F. Fautsch Civil Service Commission Attest: Leo F. Frommelt Clerk Subscribed and sworn to before me this 12th day of October, 1967. Eugene J. Berens Notary Public Councilman Pfohl moved that the communication be received and made a matter of record. Second- ed by Councilman Pregler. Carried by the following vote: Yeas -- Mayor Ludwig, Coun- cilman Pregler. Carried by the fol- lowing vote: Yeas — Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. '.Nays- -None. ORDINANCE NO. 53.67 An Ordinance Authorizing Rus- sell L. & Sandra Blaser to con- 494 Special Session. October 16, 1967 struct a retaining wall at #2859 Muscatine Street, presented and read. Councilman Pregler moved that the reading just had be considered the first reading of the Ordinance. Seconded by Councilman McCauley. Carried by the following vote: Yeas — Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None. Councilman Pregler moved that the rule requiring an Ordinance to be read on three separate days be waived. Seconded by Councilman McCauley. Carried by the follow- ing vote: Yeas — Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None. ORDINANCE NO. 5247 ? Sand Sandra CONSTRUCT ;Ing wall at No. 2659 Muscatine BY THE CITY CITY OF DU - Section Y. That Russell L. & Sandra Blaser as owners of the premises known p Lot S1 of McDanlels Parkhill Addition In the City of Dubuque, be, and they are hereby granted the revocable license and authority to construct and maintain said Retaining wall under the terms and con- dition set forth In this Ordinance. Section 2. That such construction shall be done in accordance with plans hereto- fore submitted by Permittees and ap- proved by City Manager, under the su- pervision and direction of he City Man- ager, and in accordance with all applic- able state and federal laws and requ- latlons, and the ordinances of the City of Dubuque. Section 3. That the Permission herein granted Is expressly conditioned on Per- mittees agreement to: (a) Assume any and all liability for damages to Persons or property which may result from the existence con- structlon or maintenance of $ aid Re- taining well. (b) To pay on behalf of the City of Dubuque all sums which the City of Dubuque shall become obligated to pay by reason of the liability Im- posed upon the City of Dubuque for damages of any kind resulting from famed by any Person or persons, caused by accident or otherwise, to defend at Its own expense and on be- half of said City any claim against the City of Dubuque arising rut of the existence, construction or maln- tenance of said Retaining wall. Section 1. That the permission here. in granted Is expressly conditioned upon ppeermittees further agreement that should the right and Privilege herein granted be rescinded or revoked by the City Council, Permittees, or their successors In Interest, as owners of the abutting Property, shall within thirty (30) days after receipt of written notice from the City Manager, so to do at their own expense, remove said hetainlnj wall, and In the event of their faiure so to do, the City of Dubuque shall be authorized to remove said Retaining wall, at Permittees expense and dispose of the same, and the Permittees shall have no claim against the City or its agents for damagesresulting from the removal of said Retaining wall. Section 5. This Ordinance shall be. come effective and the rightss hereun der accrue to Russell L. & Sandra Blaser when this Ordinance has been adauted by the City Council and the terms and conditions thereof accepted by permittees by acceptance endorsed on this Ordinance. 16hasday of adopted Oct Octoberand A D. 1967 this RICHARD LUDWIG Mayor M. SYLVESTER McCAULEY MERLIN F. SCHULTZ EL 1k, A. PFOHL WAL ER A PRE GoLERllmen ATTEST: Leo F. Frommelt City Clerk ACCEPTANCE OF ORDINANCE NO. 53.67 The undersigned having read and be- ing familiar with the terms and Con. ditions of Ordinance No. 53-6 hereby, for themselves, thelr successors or as- signs, as owners of he abutting Prop. erty, accept the same and agree to be bound by the conditions and agreements therein contained to be performed by Permittees. Dated October Sandi raBlaser Russell L. Blaser Property Owners Published officially In The Telegraph Herald Newspaper this 20th day of L)cc tober. 1%1. Leo F. Frommelt City Clerk it. 10-20 Councilman Pregler moved final fdoption of the Ordinance. Second- �d by Councilman McCauley. Car- ried by the following vote: Yeas — Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None. Petition of David A. Cox re- questing permission to excavate in 365 Saunders Street, presented and read. Councilman Pregler moved approval of the petition subject to approval of the City Engineer. Sec- onded by Councilman McCauley. Carried by the following vote: Yeas — Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. Nays—None. Petition of Leonard Leib et at requesting the erection of a street light at the foot of O'Neill street (dead end) in the 300 block, pre- sented and read. Mayor Ludwig moved that the petition be re- ferred to the City Manager and Electrical Inspector for investiga- tion and report. Seconded by Coun- cilman McCauley. Carried by the following vote: Yeas -- Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. Nays—None. Petition of Wahlert High School reqeusting permission to hold a Cayfest parade on October 25th, Presented and read. Councilman Pfohl moved that the petition be referred to the Mayor and City Manager. Seconded by Mayor Lud- wig. Carried by the following vote: Special Session, October 16, 1%7 .195 Yeas — Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. Nays—None. Petition of UNICEF requesting approval and cooperation for the program of "Trick or Treat" to be held on October 30, 1967, present- ed and read. Councilman Schultz moved that the petition be re- ferred to the Mayor and City Man- ager. Seconded by Councilman Mc- Cauley, Carried by the following vote: Yeas — Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. Nays—None. Petition of Senior High School requesting permission to hold a Homecoming parade on Friday, Oc- tober 27, 1967, presented and read. councilman Pfohl moved that the petition be referred to the Mayor and City Manager. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. Nays—None. Petition of Peoples Natural Gas requesting permission to excavate at Jones & Shields Street, pre. sented and read. Councilman Preg. ler moved approval of the petition. Seconded by Councilman Schultz. Carried by the following vote: Yeas -- Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. Nays—None. Petition of Peoples Natural Gas requesting permission to excavate on Devon Drive near Mineral Street, presented and read. Coun. cilman Pregler moved approval of the petition. Seconded by Council- man Schultz. Carried by the fol- lowing vote: Yeas — Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler. Schultz. Nays—None. Petition of The Wallis Company requesting rezoning of the prop- erty at 201-45 W. 17th Street to be included in Multiple Residence District Classification, presented and read. Councilman Pregler moved that the petition be re- ferred to the Planning & Zoning Commission. Seconded by Council. man Pfohl. Carried by the follow- ing vote: Yeas -- Mayor Ludwig, Coun. cilmen McCauley, Pfohl, Pregler, Schultz. Nays—None. Petition of John J. & Ruth C. Ludescher requesting rezoning of Lot l of l of 1 of I Of 1 Of l of Smyths Sub. of M. L. 181 from single family to Local Business Dis- trict "A" classification, presented and read. Councilman Schultz moved that the petition be referred to the Planning & Zoning Commis- sion. Seconded by Councilman Mc- Cauley. Carried by the following vote: Yeas — Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. Nays—None. Petition of Thomas C. Hoffmann requesting annexation of Lot 2 of the Sub. of Lot 1 of 1 of 1 of 1 of M. L. 511 (off Kelly Lane), pre- sented and read. Councilman Preg- ler moved that the petition be re- ferred to the Planning & Zoning Commission and the City Solicitor. Seconded by Mayor Ludwig. Car- ried by the following vote: Yeas — Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. Nays—None. Petition of N. W. Bell Telephone Co. requesting permission to cut the pavement on Orchard Drive and Shiras Ave. to provide facil- ities for Orchard Hills Sub., pre- sented and read. Mayor Ludwig moved approval of the petition sub- ject to approval of the Engineering Department. Seconded by Council- man McCauley. Carried by the fol- lowing vote: Yeas — Mayor Ludwig, Coun- cilmen McCauley, Pfohl. Pregler. Schultz, Nays—None. RESOLUTION NO. 329-67 Resolution Accepting Delivery of Grant of Temporary Easement for Flood Protection Works WHEREAS, Mobil Oil Corpora- tion, successor to Virginia -Carolina ('heroical Corporation has executed and delivered to City of Dubuque, Iowa, a grant of temporary ease- ment in, on, over and across the following described real estate. to wit: A tract of land outlined in red and cross -hatched on the plat at- tacked hereto, marked Exhibit >yf; til,, , i.jl se.."km, October 16. 1967 "A", entitled "Plat of River. front, Subdivision Number l." which is incorporated herein by reference and is a portion of the property leased to Mobil by that certain lease dated February 9, 1946, recorded in Book of Rec- ords 167, page 83, Dubuque Coun- ty, Iowa in connection with City of Du- buque Flood Control Plan. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Delivery of grant of temporary easement to City of Du- buque, Iowa by Mobil Oil Corpora- tion, successor to Virginia -Carolina Chemical Corporation dated the 8th day of September, 1967, be and the same is hereby accepted by the City of Dubuque, Iowa. Section 2. That the City Clerk be and he is hereby ordered to exe- cute the certificate of Clerk af- fixed to such granting instrument and cause said grant of temporary easement to be recorded in the office of the Recorder in and for Dubuque County. Iowa, together with this Resolution. Passed, adopted and approved this 16th day of October, 1967, Richard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler 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 Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays — None. RESOLUTION NO. 33x-67 Resolution Accepting Delivery of Grant of Easement for Flood Protection Works WHEREAS, Mobil Oil Corpora- tion, successor to Virginia -Carolina Chemical Corporation has executed and delivered to City of Dubuque, Iowa, a grant of perpetual ease ment in, on, over and across the following described real estate, to wit: A tract of land outlined in red and erose hatched on the plat attached hereto, marked Exhibit "A", entitled "Plat of Riverfroni, Subdivision Number 1 which is incorporated herein by reference and is a portion of the property leased to Mobil by that certain lease dated February 9, 1946, re. corded in Book of Records 167. page 83, Dubuque County, Iowa in connection with City of Dubuque Flood Control Plan. NOW THEREFORE BE IT RE. SOLVED BY THE CITY COUNCIL. OF THE CITY OF DUBUQUE, IOWA: Section 1. Delivery of grant of perpetual casement to City of Du- buque, Iowa by Mobil Oil Corpora. tion, successor to Virginia -Carolina Chemical Corporation dated the 8th day of September, 1967, be and the same is hereby accepted by the City of Dubuque, Iowa, Section 2. That the City Clerk be and he is hereby ordered to execute the certificate of Clerk af- fixed to such granting instrument and cause said grant of perpetual easement to be recorded in the office of the recorder in and for Dubuque County, Iowa, together with this Resolution. Passed, adopted and approved this 16th day of October, 1967. Richard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler Councilmen Attest: Leo F. Frommelt, City Clerk Councilman McCauley moved ad- option of the resolution. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Mayor Ludwig, Council. men McCauley, Pfohl, Pregler, Schultz. Nays -- None. RESOLUTION NO. 331-67 Resolution Accepting Delivery of Grant of Easement for Flood Protection Works. WHF,REAS, Mobil Oil Corpora- tion, successor to Virginia -Carolina Chemical Corporation has executed and delivered to City of Dubuque, Iowa, a grant of perpetual ease. ment in, on, over and across the Special Session, October 16, 1967 497 following described real estate, to wit. A tract of land delineated by broken lines and colored green on the plat attached hereto, marked Exhibit "A", entitled "Plat of Riverfront, Subdivision Number 1," which is incorpo- rated herein by reference and is a portion of the property leased to Mobil by that certain lease dated February 9, 1946, recorded in Book of Records 167, page 83, Dubuque County, Iowa, in connection with City of Du- buque Flood Control Plan. NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa: Section 1. Delivery of grant of perpetual easement to City of Du- buque, Iowa by Mobil Oil Corpora- tion, successor to Virginia -Carolina Chemical Corporation dated the 8th day of September, 1967. be and the same is hereby accepted by the City of Dubuque, Iowa. Section 2. That the City Clerk be and he is hereby ordered to exe- cute the certificate of Clerk af- fixed to such granting instrument and cause said grant of perpetual easement to be recorded in the of- fice of the Recorder in and for Dubuque County, Iowa, together with this Resolution. Passed, adopted and approved this 16th day of October, 1967. Richard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pfohl moved adop- tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas -- Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. Nays—None. RESOLUTION NO. 332.67 WHEREAS, by virtue of M -1,0111 - lion No. 274-67, City of Dubuque. Iowa, accepted delivery of Grant of Easement from A. Y. McDonald and F. M. McDonald, husband and wife, covering the following de. scribed real estate: Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 2 of Lot I of Lot 1 and Lot 2 of Lot 1 of Lot 1 of Lot 1 Of Lot 1 of Lot 2 of Lot I of Mineral Lot 38 in the City of Dubuque, Iowa; and WHEREAS, a portion of said de. scribed real estate in said Grant was erroneously described and should be corrected. NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa: Section 1, That the corrected and substituted Grant of Easement from A. Y. McDonald and F. M. McDonald, husband and wife, be and the same is hereby approved and delivery of same is herewith accepted in lieu of Grant of Ease- ment described in the preamble hereof, which corrected and substi- tuted Grant of Easement covers the following described real estate: I.ot 1 of I.,ot 1 of Lot 1 of I.ot 1 of Lot 2 of Lot 1 of Lot i and Lot 2 of Lot 1 of Lot 1 of Lot 1 of Lot 2 of Lot 1 of Lot i of Mineral Lot 38 in the City of Dubuque, Iowa. Section 2. That the release and (quit Claim Deed by City of Du- buque unto A. Y. McDonald and I'. M. McDonald of any or all of its interest in and to the follow- ing described real estate: Lot 2 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 2 of Lot 1 of Mineral I.ot 38, be and the same is hereby ap- proved and the Mayor and City Clerk be and they are hereby au- thorized and directed to execute the (quit Claim Deed attached here- to. Passed, adopted and approved this 16th day of October, 1967. Richard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler Councilmen Attest: Leo F. Frommelt City Clark 19$ Special Session, October 16, 1967 Mayor Ludwig moved adoption of the resolution. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. Nays—None. CORRECTED AND SUBSTITUTED GRANT OF EASEMENT KNOW ALL MEN BY THESE PRESENTS, that A. Y. McDONALD and F. M. McDONALD, husband and wife of Scottsdale, Arizona, in consideration of the sum of One ($1.00) Dollar and other good and valuable consideration in hand paid by the City of Dubuque, Iowa, do hereby grant, bargain, sell and convey unto the City of Dubuque, Iowa, a perpetual easement and right-of-way in, on, over and across the real estate hereinafter de- scribed for the purpose of locating a public roadway therein and which easement is located and part of the following described real estate, to 'Nit: Lot 1 of Lot I of Lot 1 of Lot 1 of Lot 2 of Lot 1 of Lot 1 and Lot 2 of Lot 1 of Lot 1 of Lot 1 of Lot 2 of Lot 1 of Lot 1 of Min- eral Lot 38 in the City of Du- buque, Iowa, which easement area and right-of- way area is shown on the attached Plat, marked Exhibit "A" shaded in red and by reference made a part hereof. Grantee acknowledges and un- derstands that the grant of ease- ment herein made is for purpose of locating a public roadway thereon. Grantors and grantee acknowl. edge and agree that the City of Dubuque shall adequately surface and maintain the easement area herein granted as a public roadway and that the area of the easement shall be exempt from taxes and that any future special assessments for the improvement of said road- way shall be paid by the City of Dubuque, Iowa. Grantors and grantee acknowl- edges and agree that access from Huff Street to the area of the grant is shown upon the attached Plat as a proposed location, the boun. daries of which are shaded in green, that is to say that the boun- daries of which are marked by par- allel green lines, and the grantors and the grantee herein acknowl- edge and agree that the location of said access may be changed to fit the future needs and development in the area. However, any change in access to the property herein described from Huff Street may be changed so long and on condition that it does not materially impede acress by A. Y. McDonald and F. M. McDonald to their property and such change in access from Buff Street to the property hereinabove described shall only be made with the prior consent of A. Y. McDon- ald and F. M. McDonald, which con- sent shall not unreasonably be withheld. This Grant of Easement is a cor- rection grant and in substitution of Grant of Easement dated Septem- ber 2, 1967, filed on October 3, 1967 in Book 193, Page 333 of Du- buque County Records. Dated at Dubuque, Iowa, this 12th day of October, 1967, A. Y. McDonald F. M. McDonald RESOLUTION NO. 333-67 Resolution Approving Plat of Lot 1 of Block 6 of Riverfront Sub. No. 3. WHEREAS there has been filed with the City Clerk a plat in which Lot 1 of Block 6 of Riverfront Sub. No. 3 is platted as Lot I of Lot 1 of Block 6 and Lot 2 of Lot 1 of Block 6 of Riv- erfront Subdivision No. 3 and, WHEREAS said plat has been ex- amined by the City Council and they find the same conforms to the Statutes and Ordinances relating thereto; NOW, THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa. Section I. That the above de- scribed plat be and the same is hereby approved and the Mayor and Clerk be and they are hereby authorized and directed to endorse the approval of the City upon said plat. Spacial Session, October 16, 1967 4g9 Passed, adopted and approved this ]lith day of October A.D., 1967. Richard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl i Walter A. Pregler Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pfohl moved adop- tion of the resolution. Seconded by Councilman McCauley. Carried by the following vote: Yeas — Mayor Ludwig, Coun- cilmen M^Cauley, Pfohl, Pregler, Schultz. Nays—None. Some discussion arose as to the construction of a spur track in the Industrial Park. Councilman Pfohl moved that the City Manager pro- vide approximately $15,000 within twenty-four hours, to construct this spur, for the Dock Commission. Seconded by Councilman Schultz. Vote on the motion was as follows: Yeas — Councilmen Pfohl, Schultz, Nays _ Mayor Ludwig, Council- men McCauley, Pregler. MOTION FAILED. Mayor Ludwig moved that the Manager try to secure approxi- mately $15,000 as soon as possible, and that a letter be written to the Dock Commission to try to nego- tiate with the Railroad Company to get an approximate amount of cost to construct spur, and that both parties report back to the Council as soon as possible. Sec- onded by Councilman McCauley. Carried by the following vote: Yeas — Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. Nays—None. October 11, 1967 To the Members of the City Council Dubuque, Iowa Gentlemen: We have this date canvassed the petitions for Municipal offices to be voted on at the Regular Munici- pal Election to be held on Novem- ber 7, 1967, on file in the office of the City Clerk at the close of the business day on October 10, 1967, and find said canvass as fol' lows: OFFICE FOR WHICH A PRIMARY ELECTION IS REQUIRED: Councilman: Nominees: Gaylord M. Couchman, Richard V. Kausal, Donald R. Meyers, Thomas J. Moreland, Eldon A. Pfohl, Aloy- sius L. Weitz. OFFICES FOR WHICH A PRI- MARY ELECTION IS NOT RE- QUIRED: Judge of Municipal Court: Frank D. Gilloon Jr., Karl Kenline, nominated by petition. Clerk of Municipal Court: George Schlegel, Joseph A. Stieber, nom- inated by petition. Bailiff of Municipal Court: Elmer D. Johanningmeier, nominated by petition. Park Commissioner: Frederick R. Appel, Russell J. Fuhrman, nom- inated by petition. Respectfully submitted this 11th day of October, 1967. Richard Ludwig Mayor Leo F. Frommelt City Clerk Mayor Ludwig moved that the communication be received and made a matter of record. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. Nays—None. RESOLUTION NO. 33467 Resolution providing for a Muni- cipal Primary Election in the City of Dubuque, Iowa on Octo- ber 24, 1967, and directing pub- lication of Notice thereof. Whereas the Mayor and City Clerk have made their report of the results of their canvass of the petitions for nomination of persons desiring to become candidates at the Municipal Election to be held November 7, 1967; and Whereas it appears from said re. port that more than twice the num- ber of candidates have qualified as such for the office of City Coun- cilman and that a Municipal Pri- mary Election is required to be held to determine the nominees for said office in accordance with the laws of Iowa; Now Therefore Be It Resolved By The City Council Of The City of Dubuque, Iowa: 195 Special Session, October 16. 1967 Mayor Ludwig moved adoption of the resolution. Seconded by Councilman Schultz. Carried by the following vote: Yeas -- Mayor LudwigPrCoun- cilmen McCauley, Schultz. Nays—None- CORRECTED AND SUBSTITUTED GRANT OF EASEMENT KNOW ALL MEN BY THESE PRESENTS, that A. Y. McDONALD and F. M. McDONALD, husband and wife of Scottsdale, Arizona, in consideration of the sum of One ($1.00) Dollar and other good and valuable consideration in hand paid by the City of Dubuque, Iowa, do hereby grant, bargain, sell and convey unto the City of Dubuque, Iowa, a perpetual easement and right-of-way in, on, over and across the real estate hereinafter de. scribed for the purpose of locating a public roadway therein and which easement is located and part of the following described real estate, to `Nit: Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 2 of Lot 1 of Lot 1 and Lot 2 of Lot 1 of Lot 1 of I.ot 1 of Lot 2 of Lot 1 of Lot 1 of Min- eral Lot 38 in the City of Du- buque, Iowa, which easement area and right-of- way area is shown on the attached Plat, marked Exhibit "A" shaded in red and by reference made a part hereof. Grantee acknowledges and un- derstands that the grant of ease- ment herein made is for purpose of locating a public roadway thereon. Grantors and grantee acknowl- edge and agree that the City of Dubuque shall adequately surface and maintain the easement area herein granted as a public roadway and that the area of the easement shall be exempt from taxes and that any future special assessments for the improvement of said road- way shall be paid by the City of Dubuque, Iowa. Grantors and grantee acknowl- edges and agree that access from Huff Street to the area of the grant is shown upon the attached Plat. as a proposed location, the boun- daries of which are shaded in green, that is to say that the boun• daries of which are marked by par- allel green lines, and the grantors and the grantee herein acknowl- edge and agree that the location of said access may be changed to fit the future needs and development in the area. However, any change in access to the property herein described from Huff Street may be changed so long and on condition that it does not materially impede access by A. Y. McDonald and F. M. McDonald to their property and such change in access from Huff Street to the property hereinabove described shall only be made with the prior consent of A. Y. McDon- ald and F. M. McDonald, which con- sent shall not unreasonably be withheld. This Grant of Easement is a cor- rection grant and in substitution of Grant of Easement dated Septem- ber 2. 1967, filed on October 3, 1967 in Book 193, Page 333 of Du- buque County Records. Dated at Dubuque, Iowa, this 12th day of October, 1967. A. Y. McDonald F. M. McDonald RESOLUTION NO. 333.67 Resolution Approving Plat of Lot 1 of Block 6 of Riverfront Sub. No. 3. WHEREAS there has been filed with the City Clerk a plat in which Lot 1 of Block 6 of Riverfront Sub. No. 3 is platted as Lot 1 of Lot 1 of Block 6 and Lot 2 of Lot 1 of Block 6 of Riv- erfront Subdivision No. 3 and, WHEREAS said plat has been ex- amined by the City Council and they find the same conforms to the Statutes and Ordinances relating thereto; NOW, THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa. Section 1. That the above de. scribed plat be and the same is hereby approved and the Mayor and Clerk be and they are hereby authorized and directed to endorse the approval of the City upon said plat. Special Session, October 16, 1967 4% Passed, adopted and approved this 16th day of October A.U., 1967. Richard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pfohl moved adop- tion of the resolution. Seconded by Councilman McCauley. Carried by the following vote: Yeas — Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. Nays—None. Some discussion arose as to the construction of a spur track in the Industrial Park. Councilman Pfohl moved that the City Manager pro- ,•ide approximately $15,000 within t%venty-four hours, to construct this spur, for the Dock Commission. Seconded by Councilman Schultz. Vote on the motion was as follows: Yeas — Councilmen Pfohl, Schultz, Nays -- Mayor Ludwig, Council- men McCauley, Pregler. MOTION FAILED. Mayor Ludwig moved that the Manager try to secure approxi- mately $15,000 as soon as possible, and that a letter be written to the Dock Commission to try to nego- tiate with the Railroad amountany of to get an approximate cost to construct spur, and that both parties report soon as back a s to the Sec - Council y Councilman McCauley. Sec- onded by Carried by the following vote: Yeas — Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. Nays—None. 196 i October 11, To the Members of the City Council Dubuque, Iowa Gentlemen: We have this date canvassed the petitions for Municipal offices to be voted on at the Regular Munici- pal Election to be, held on Novem- ber 7 1967, on file in the office of the Citv Clerk un the cloy lo, of the business day 1967, and find said canvass as fol lows: FICE FOR WHICH A PRIMARY ELECTION IS REQUIRED: wricilman: Nominees: Gaylord M. Couchman, Richard V. Kausal, Donald R. Meyers, Thomas J. Moreland, Eldon A. Pfohl, Aloy- sius L. Weitz. FFICES FOR WHICH A PRI- MARY ELECTION IS NOT RE- QUIRED: udge of Municipal Court- Frank D. Gilloon Jr., Karl Kenline, nominated by petition. Clerk of Municipal Court: George Schlegel, Joseph A. Stieber, nom- inated by petition. bailiff of Municipal Court: Elmer D. Jonanningmeier, nominated by petition. Park Commissioner: Frederick R. Appel, Russell J. Fuhrman, nom. inated by petition. Respectfully submitted this 11th day of October, 1967. Richard Ludwig Mayor Leo F. Frommelt City Clerk Mayor Ludwig moved that the communication be received and made a matter of record. Seconded by Councilman Schultz. Carried by the following vote: Peas — Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. Nays—None. RESOLUTION NO. 334.67 Resolution providing for a Muni- cipal Primary Election In the City of Dubuque, Iowa on Octo- ber 24, 1967, and directing Pub- lication of Notice thereof. Whereas the Mayor and City Clerk have made their report of the results of their canvass of the petitions for nomination of persons desiring to become candidates at the Municipal Election to be held November 7, 1967: and Whereas it appears from said re- port that more than twice the num- ber of candidates have qualified as such for the office of City Coun Gilman and that a Municipal Pri- madet helry Election is required to be sad off cee n a cordance rmine the nofnees or the laws of Iowa: lved Now Therefore Be It TheResoC City By The City t>f Dubuque, Iowa: 5AX) Speci it Session, October 16, M7 Section 1. That a Municipal Pri- mary Election be held in the City of Dubuque, Iowa on October 24, 1967, between the hours of 7:00 o'clock A. M. and 8:00 o'clock P. M. (C. D. S. T.) to elect four nominees for the office of Councilman to suc- ceed the two Councilmen whose terms expire on December 31, 1967. Section 2. That said Election be held in the several voting precincts of said City as heretofore deter- mined by Ordinances of said City. The polling places within the re- spective election precincts shall be as follows: First Precinct: Bryant School, 1280 Rush Street Second Precinct: Washington Jr. High School, 51 N. Grandview Third Precinct: Franklin School, 39 Bluff Street Fourth Precinct: Court House, 7th and Central Fifth Precinct: Lincoln School, 1101 West Fifth Street Sixth Precinct: No. 4 Engine House, 1697 University Avenue Seventh Precinct: City Hall, 13th and Central Eighth Precinct: Carnegie Stout Li- brary Bldg., 11th & Bluff Ninth Precinct: 18th Street Engine House Tenth Precinct: Central School, 1500 Locust Street Eleventh Precinct: Ragatz Drug Store Bldg., 1996 Central Ave. Twelfth Precinct: Fulton School, 2540 Central Avenue Thirteenth Precinct: Holy Ghost School, 2901 Central Avenue Fourteenth Precinct: Audubon School, 535 Lincoln Avenue Fifteenth Precinct: Marshall School, 1490 Rhomberg Avenue Sixteenth Precinct: Irving School, 2520 Pennsylvania Avenue Section 4. That the City Clerk shall have the ballots for absent voters prepared in accordance with the laws of Iowa applicable there. to. Section 5. That the City Clerk is hereby directed to forthwith cause to be published in the Telegraph - Herald, a newspaper published within the City of Dubuque, in Proper form, the names of the can- didates as they are to appear upon the Municipal Primary Ballot. No ballot shall have a party designa- tion thereof. passed, adopted and approved this 16th day of October. 1967. Richard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler Councilmen Attest: Leo F. Frommelt City Clerk Mayor Ludwig moved adoption of the resolution. Seconded by Coun- cilman Pregler. Carried by the fol- lowing vote: Yeas — Mayor Ludwig, Coun- cilmen McCauley. Pfohl, Pregler, Schultz. Nays—None. October 12. 1967 To the Honorable Mayor and Members of the City Council Gentlemen: Attached hereto is a list of the Judges and Clerks selected to serve at the Municipal Primary Election to be held on October 24, 1967 and also at the General Election to be held on November 7, 1967. We hereby request approval of this list. Respectfully submitted, Leo F. Frommelt City Clerk Councilman Pregler moved ap- proval of the list. Seconded by Councilman McCauley. Carried by the following vote: Yeas — Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. Nays—None. FIRST PRECINCT: C. Mary Lou Brannon, 1395 South Grandview C. Louise Rafoth, 964 Mt. Loretta Avenue J. Lester Rafoth, 964 Mt. Loretta Avenue J. Vivian White, 263 Valley Street J. Grace Tigges, 425 English Lane SECOND PRECINCT: C. Elizabeth Welter, 63 Nevada Street C. Betty Phillips, 1120 Langwor- thy J. Elsie Leigh Gill, 40 Fremont Ave. J. Helen Sisler, 2220 Marion J. Donna Klinker, 91 North Al gena Special Session, October 16, 1967 501 THIRD PRECINCT: C. Anna Kingsley, 786 Cleveland Ave. C. Edna Wunderlich, 608 Fenelon Pl. J. Eunice Kilby, 521 West Third St. J. Grace E. Browne, 604 Fenelon Pl. J. Viola Rettenmeier, 175 Cardiff St. FOURTH PRECINCT: C. Lucille Hantelmann, 556 West 7th. C. Emma Osborn, 495 West 5th. J. Kay McEvoy, 7841�i Wilson Avenue .1. Laura Barry, 674 West 7th St. .1. Judy Ifantelmann, 586% West 7th St. FIFTH PRECINCT: C. Mary J. Nebel, 715% Alta Vista C. Florence Willoughby, 365 Hill Street J. Betty Vogel, 1185 Center Place J. Mary Scholfield, 666 Alta Vista J. Grace Chambers, 1255 Univer- sity Ave. SIXTH PRECINCT: C. Dorothy Blum, 1456 O'Hagen Street C. Grace Stevens, 1445 Auburn St. J. Evelyn Zwack, 1330 Nowata St. J. Janet Jones, 1951 Alta Vista J. Mildred Cords, 1655 Auburn Street SEVENTH PRECINCT: C. Mary Clemens, 1110% Iowa Street C. Mae Justmann, 1135 Iowa Street J. Clara Bollinger, 1199 Central Ave. ,1. Joan Sheldon, 1258 Main Street J. Veronica Meissen, 1389 Elm Street EIGHTH PRECINCT: C. Julaine Sweeney, 1298 Belmont C. Jane Fuhrman, 530 Wilbur Lane J. Ann llubbard, 970 Grove Ter. race J. Frances Heles, 560 Loras Blvd J. Ann Gavin, 1341 Cummins NINTH PRECINCT: C. Helen Jestel, 1466 ,Jackson Street C. Carole Tracy, 1576 Maple Street J. Emma Iiinz, 1402 Maple Street T. Geneva B. Knapp, 1613 Wash. ington Street J. Irene Kelly, 1646', Central Avenue TENTH PRECINCT: C. Ochry Behr, 1491 Main Street C. Lillian Fettkether, 326 West Locust J. Joanne Smith, 601 Angella Street J. Ann Haupert, 809 Clarke Drive J. Sylvia Schweikert, 240 West l5th Street ELEVENTH PRECINCT: C. Rita Welsh, 380 Lowell C. Linda Grashorn, 120 Kaufmann Avenue J. Verona Huseman, 533 Kauf- mann Ave. .1. Hilda Kempler, 2125 Kleine J. Alice Skinner, 330 Lowell TWELFTH PRECINCT: C. Viola Meyers, 2521 Jackson St. C. Ida Janes, 22311/2 Francis St. J. Alberta Knoernschild, 130 West 23rd. J. Irene Eigenberger, 2227 Wash- ington ,1. Pearl Sartor, 2227 White Street THIRTEENTH PRECINCT: C. Freda Foell, 2915 .Jackson Street C. Mabel Essman, 2930 Jackson Street ,1. John Sturman, 2265 Carroll ,1. Viola M. Campbell, 2820 North. ridge J. Veronica Schueller, 2886 Wash- ington FOURTEENTH PRECINCT: C. Loretta McAndrews, 704 Lin- coln Avenue C. Amanda Millius, 2020 Kniest Street J. Grace Sitterly, 555 Clinton J. Lucille Murphy, 3116 Bruns- wick J. Bessie Bowen, 2975 Windsor Avenue nFTEENTH PRECINCT: C. Leona Jochum, 1010 Garfield Avenue C. Gertrude lhreke, 3521 Roose- velt 1. Helen Pape, 917 Rbomberg Avenue ,I Dorothy Mcissner, 2130 Un- coln Avenue ,I. Mary Burdt, 1308 Rhomberg Avenue 502 Special Session, October 16, 1967 - SIXTEENTH PRECINCT: C. Cindy Connery, 2012 Broad - lawn C. Wilma Beckwith, 2163 Broad - lawn C. Ethel Hostetter, 1783 Avalon Road J. Helen Schetgen, 3448 Crest- wood Drive J. Melitta Buenker, 2868 Illinois J. Marge Kersch, 3030 Pennsyl- vania Avenue RESOLUTION NO. 335.67 Whereas the City Manager has reported to the City Council that the building and premises located on Lot 1 of South 1/2 of Lot 147 East Dubuque Addition owned by Delbert A. Bowden and known as 1501 Elm Street in the City of Du- buque, Dubuque County. Iowa is dangerous to life and health be- cause of its condition and that de- mand has been made by him upon Delbert A. Bowden, owner of said property, that the conditions com- plained of, be corrected and that said owner has failed to correct the conditions within the time pro- vided by the notice; And, Whereas on September 5, 1967, the City Council set the report down for hearing at 7:30 o'clock p.m. Central Daylight Time, Octo- ber 2, 1967 in the City Council Chambers, in the City Hall, in the City of Dubuque, Dubuque County. Iowa, and directed the City Clerk to give notice of said hearing; And, Whereas it appears by return of service now on file in the records of the City Council, that notice of said hearing was given by serving by registered mail, Delbert A. Bow- den personally on September 7, 1967, and by publication in the Telegraph Herald Newspaper on September 11, 1967; And, Whereas pursuant to said notice on order of the City Council a pub- lic hearing was held at 7:30 o'clock p.m. Central Daylight Time, on 2nd October, 1967 in the City Council Chambers in the City Hall, in the City of Dubuque, Iowa, at which time the owner of the above de- scribed real estate, was afforded an opportunity to be heard and wit- nesses concerning the condition of :he property and the hazards were heard; And, Whereas, the Council has duly considered the testimony of wit- nesses and viewed the premises and has reached its determination: Now, therefor, be it resolved by the City Council of the City of Du- buque: Section I. That the structure known as 1501 Elm Street and located on Lot 1 of South % of Lot 147 East Dubuque Addition in the City of Dubuque, Dubuque County, Iowa, be and the same is hereby found and declared to be dangerous to life, health and property and same is deemed to be a nuisance. Section 2. That the City Manager be and he is hereby authorized and directed to cause the struc- ture known as 1501 Elm Street and located on Lot 1 of South % of Lot 147 East Dubuque Addi- tion in the City of Dubuque, Du- buque County, Iowa, to be dis- mantled and removed. Section 3. That upon completion of said work the City Manager shall certify the cost thereof to the City Clerk. Section 4. That upon receipt of said certificate of cost from the City Manager, the City Clerk shall thereupon certify said cost to the County Auditor of Du- buque County, Iowa and it shall be collected with and in the same manner as General Property Taxes. Section 5. That the City Clerk be and is hereby directed to record a certified copy of this Resolu- tion in the Office of the County Recorder of Dubuque County, Iowa. Passed, adopted and approved this 16th day of October, 1967. Richard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler Councilmen Attest: Leo F. Frommelt City Clerk Councilman McCauley moved adoption of the resolution. Second - 'mss. - Special Session, October 16, 1967 _ 503 following vote. ed by Councilman Pregler. Carried by the following vote: Yeas — Mayor Ludwig, Coun. Yeas — Mayor Ludwig. Coun- cilmen McCauley, Pfohl, Pregler, cilmen McCauley, Pfohl, Pregler, Schultz. Schultz. Nays--None. Nays—None. October 13, 1967 RESOLUTION NO. 336-67 Honorable Mayor and City Council RESOLUTION Approving Plat of Gentlemen: Block 3 of "parkland Ridge Sub. The City Planning and Zoning division" in the City of Dubuque, Commission has reviewed a plat of Iowa, Parkland Ridge Subdivision. The WHEREAS, there has been filed Commission has found that the sub- with the City Clerk a plat in which division meets the minimum re- Lot I of Lot 1 of Lot 2 of Lot I cluirements of the subdivision regu- of "Duggan Farm" in the City of lations and that it is an appropriate Dubuque, Iowa, design for this area. is platted as: Two parcels of land included in Lot 1, Lot 2, Lot 3, Lot 4, Lot 5, the plat are proposed to be public and Lot A. each in Block 3 in streets in the future; however, be- said "Parkland Ridge Subdivi- cause the sewers cannot be put in Sion"; these areas at this time, it is not and, desireable to have the streets im- WHEREAS, said plat has been proved and dedicated. Accompany- examined by the City Plan Com- ing the plat is a planning agree- mission and had its approval en- ment signed by the owner stating dorsed thereon; and, that the areas shown as proposed WHEREAS, said plat has been streets will he put to no other use examined by the City Council and and that when it is possible to fix they find the same conforms to the the grade on the two streets in Statutes and Ordinances relating question, that he will make the re- thereto; quired improvements and provide WHEREAS, the City of Dubuque the security guaranteeing the in- and the owner of the above de- stallation of said improvements scribed real estate, John Duggan, within a time and in the manner Trustee, a/k/a John J. Duggan, fixed by the Dubuque City Coun- Trustee under the "Regina Dug- cil. gan Trust" have entered into a It is the recommendation of the flatting Agreement, a copy of City Planning and 'Zoning Commis- which is attached hereto and by sion that the plat along; with the this reference is made a part of accompanying planning agreement, this Resolution, whereby the said he approved as submitted. owner has agreed that in the fu- Respectfully submitted, tare it will, upon being instructed City Planning and by the City of Dubuque to do so, Zoning Commission improve and dedicate for street Don Gilson purposes two portions of Lot A of Director of Planning Block 3 of "Parkland Ridge Subdi- Councilman Pregler moved that vision" in the City of Dubuque, the communication be received and Iowa, as shown as "Reserved for filed. Seconded by Councilman Me- street purposes" on the proposed Cauley. Carried by the following plat of said Block 3 of "Parkland vote: Ridge Subdivision" in the City of Yeas — Mayor Ludwig, Coun- Dubuque, low&. cilmen McCauley, Pfohl, Pregler, NOW THEREFORE, Be It Ile- Schultz. solved by the City Council of the Nays—None. City of Dubuque, Iowa: Communication of John I>uggan, , Soetion 1. That the above de- Trustee, submitting plat of Park- land Ridge Subdivision along with scribed plat be and the same is Mayor a Platting Agreement, presented hereby approved and the be and they are hereby and read Mayor Ludwig moved and Clerk and directed to i ndoa that the communication be re authorized cel of the City p eeived and filed. Seconded by the 3ppr0\;jl Councilman Pregler. Carried by the plat. 5W Sp(,c.i,11 Session. October 16, 1967 passed, adopted and approved tbia lfth daY 1967. Richard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler Councilmen Attest: Leo F. Frommelt City Clerk Mayor Ludwig moved adoption of the resolution. Seconded by Councilman McCauley. Carried by the following vote: Yeas — Mayor Ludwig, Coun- cUmen McCauley, Pfohl, Pregler, Schultz. Nays—None. PLATTING AGREEMENT WHEREAS, John Duggan, Trus- tee, a/k/a John J. Duggan, Trustee under the "Regina Duggan Trust" is the owner of a parcel of real es. tate described as: Lot 1 of Lot 1 of Lot 2 of Lot 1 of "Duggan Farm" in the City of Dubuque, Iowa; and, WHEREAS, the owner of said real estate is presently desirous of subdividing said real estate and developing a portion thereof all in accordance with the subdivision ordinance of the City of Dubuque, Iowa, being Ordinance No. 65-57 of the Ordinance of said City; and, WHEREAS, there is shown on the proposed preliminary plat of said parcel of real estate two areas which will be platted and dedicated as streets; and, WHEREAS, a large portion of the real estate contained in said land proposed to be subdivided is not yet ready for development; and, WHEREAS, the utilities are not yet installed in a portion of this real estate; and, WHEREAS, the profile showing the grade for said proposed streets cannot presently be prepared for the reason that there has not been any determination of the exact permanent grade of Kelly Lane which must be accomplished prior to any determination of the grade of lateral streets as shown as pro• posed in the said plat of Block 3 of "Parkland Ridge Subdivision' in the City of Dubuque; and, WHEREAS, the subdivision ord- inances of the City of Dubuque, Iowa, require that as a condition Lo the approval of the final plat of property within the City Limits, the City Council may require the sub- divider to bring any streets, alleys. etc. to a grade as shown by profiles which are to be attached to the final plat, and to install improve- ments shown on the plat and sup- porting documents, and to make any other improvements as the City Council determines necessary and authorized by law; and, WHEREAS, the City of Dubuque through its designated agencies, is not presently prepared to formu- late and issue the exact specifica- tions for the permanent improve- ment of the streets, road, alleys, etc. in the area both shown in the plat and adjacent area, and, WHEREAS, a portion of the real estate shown in the above describ- ed plat as fronting on Kelly Lane is presently ready for development and may be developed without the determinations being made as de- scribed above; N O W, THEREFORE, IT IS AGREED by and between John Duggan, Trustee, a/k/a John J. Duggan, Trustee under the "Regina Duggan Trust," the owner of said real estate and the City of Dubu- que, Iowa, that the owner of said real estate will reserve for street purposes a tract of land which is a portion of Lot A, Block 3 of "Park- land Ridge Subdivision" in the City of Dubuque, Iowa, which tract of land has a frontage on Kelly Lane of 50 feet and a depth of 177 feet on the northwesterly side thereof and a depth of 188 feet on the southeasterly side thereof, which tract of land is located immediate- ly southeasterly of and adjacent to Lot 5 of Block 3 of "Parkland Ridge Subdivision," all as is shown on the proposed plat of Block 3 of "Parkland Ridge Subdivision" in the City of Dubuque, Iowa; and, IT IS FURTHER AGREED by and between John Duggan, Trustee, a/k/a John J. Duggan, Trustee un- der the "Regina Duggan Trust," the owner of said real estate, and the City of Dubuque, Iowa, that the owner of said real estate will re- serve for street purposes a tract of land which is a portion of Lot A. Block 3 of "Parkland Ridge Sub - Special Session, October 16, M-4 .505 division" in the City of Dubuque which has a frontage on Kelly Lane of 25 feet and a depth of 148.56 feet, which tract of land lies ad- jacent to the most southeasterly part of Lot A of Block 3, all as is shown on the proposed plat of Block 3 of "Parkland Ridge Sub- division" in the City of Dubuque, Iowa. NO W, THEREFORE, IT IS AGREED that the owner of said real estate, John Duggan, Trustee, a/kia John J. Duggan, does hereby reserve both of the above described parcels of real estate for the use of street purposes only and further agrees that no other use of said real estate shall be made; and, IT IS FURTHER AGREED that the owner, John Duggan, Trustee, a/k/a John .1. Duggan. Trustee un- der the "Regina Duggan Trust," upon his being advised by the City Council of the City of Dubuque, Iowa, that the property thus re- served for street purposes can be reduced to grade and the grade thereon fixed, will then make the required improvements and pro- vide the security guarantying the installation of said improvements within a time and in the manner fixed by the Dubuque City Council, and it is further agreed by the City of Dubuque, that in considera- tion of the said owner's above de- scribed agreements, that the City of Dubuque will not require as a prior condition to the City's ap- proval of the plat of Block 3 of "Parkland Ridge Subdivision" in the City of Dubuque, Iowa, that the owner improve the two areas re - for street purposes, but rather said plat may be approved by the City of Dubuque without such improvements, if all other legal requirements of platting are met by the owner. Dated this 18th day of Septem. her, 1967. OWNER: John Duggan, Trustee, a/k/a John J. Duggan, Trustee un der the "Regina Duggan Trust" Dated this 16th day of October 1967. Richard Ludwig, Mayor of the City of Dubuque Iowa ATTISTED BY: I,eo F, Frommelt, Clerk of City of Dubuque, low ;TATE OF IOWA ) )UBUQUE COUNTY SS: On this 18th day of September, L967, before me, the undersigned, t Notary Public, in and for said county, in Said State, personally Appeared John Duggan, Trustec, k/k/a John J. Duggan. Trustee un- der the "Regina Duggan Trust," to me known to he the identical per- son named in and who executed the foregoing instrum-nt, and acknowl- edged that he executed the same as his voluntary act and deed. (Motorial Sea]) David W, Leifker, Notary Public, Dubuque County, Iowa RESOLUTION NO. 337-67 Resolution Accepting Delivery of Grant of Temporary Easement for Flood Protection Works WHEREAS, Dubuque Stone Prod. tuts Company has executed and de- livered to City of Dubuque, Iowa, a grant of perpetual easement in, on, over and across the following described real estate, to wit: A portion of Lot 2 of I.ot 1 of Lot 2 of Mineral Lot 305A, Ferry Landing and vacated Main Street in the City of Du- buque. Iowa, according to the recorded plat thereof, which portion is outlined in red on IN, plat attached hereto, mark- ed Exhibit "A" and by this reference made a part hereof, in connection with City of Dubuque Flood Control Plan. Now therefore be it resolved by the City Council of the City of Du- buque, Iowa: Section 1. Delivery of grant of temporary easement to City of Du- buque, Iowa by Dubuque Stone Products Company dated the 2nd day of October. 1967, be and the same is hereby accepted by the City of Dubuque, Iowa. Section 2. That the City Clerk be and lie is hereby ordered to exe- cute the certificate of Clerk affixed to such granting instrument and eaust• Said grant of temporary case- ment to be recorded in the office of the Recorder in and for Du- buque County, Iowa, together with this Resolution. Special Session, October 16, 1967 .506 Passed, adopted and approved this 16th day of October, 1967. Richard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler Councilmen Attest: Leo F. Frommelt, City Clerk Councilman Schultz moved adop. tion of the resolution. Seconded by Councilman Pfohl. Carried by the following vote: Yeas — Mayor Ludwig. Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None. RESOLUTION NO. 33867 Resolution Accepting Delivery of Corrected Grant of Easement for Flood Protection Works WHEREAS, Dubuque Stone Prod- ucts Company has executed and de- livered to City of Dubuque, Iowa, a corrected grant of perpetual ease- ment in, on, over and across the following described real estate, to wit: A tract of land in Lot 1 of Lot 1 in Boat Yard Addition and a tract of land in Lot 2 in Boat Yard Addition in the City of Dubuque, Iowa, according to the recorded plat thereof, which tracts are outlined in red and cross -hatched on the plat attached hereto, marked Exhibit "A" and by this refer- ence made a part hereof, in connection with City of Dubuque Flood Control Plan. Now Therefore be it Resolved by the City Council of the City of Du- buque, Iowa: Section 1. Delivery of grant of perpetual easement to City of Du- buque, Iowa by Dubuque Stone Products Company dated the 2nd day of October. 1967, be and the same is hereby accepted by the City of Dubuque, Iowa. Section 2. That the City Clerk be and he is hereby ordered to exe- cute the certificate of Clerk affixed to such granting instrument and cause said corrected grant of per- petual easement to be recorded in the office of the Recorder in and for Dubuque County, Iowa, to. gether with this Resolution. Passed, adopted and approved this 161h day of October, 1967. Richard Ludwig Mayor M. Sylvester 'McCauley Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler Councilmen Attest: Leo F. Frommelt, City Clerk Councilman Schultz moved adop- tion of the resolution. Seconded by Councilman Pfohl. Carried by the following vote: Yeas — Mayor Ludwig, Council- men McCauley. Pfohl, Pregler, Schultz. Nays—None. RESOLUTION NO. 339-67 WHEREAS, on the 14th day of August 1967, the City Council of Dubuque. Iowa, passed, adopted and approved Resolution No. 250- 67, approving the plat of BLOCKS 1, 2, 3, 4 do 5 in "HIGHLAND" subject to certain conditions set forth in said Resolution; and WHEREAS Section 3 of said Resolution provided that Leonard L. Timmerman and Ruth C. Tim- merman provide security as requir- ed in Section 2 of said Resolution within 45 days from the date of said Resolution; and WHEREAS the said Leonard L. Timmerman and Ruth C. Timmer man, has posted the required secur- ity, but due to conditions beyond the control of the City, said secur- ity was not posted within the re- quired 45 days from date of Reso- lution No. 250-67. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF DUBUQUE, IOWA: Section 1. That the security post- ed by Leonard L. Timmerman and Ruth C. Timmerman to secure per- formance of provisions of Section 2 of Resolution No. 250.67 be and the same is hereby approved, and the failure of Leonard L. Timmer- man and Ruth C. Timmerman to post the required security within 45 days of August 14, 1967, be and the same is hereby waived. Section 2. That the terms and conditions set forth in Resolution No 250.67 be and the same remain in force and effect as though the required security had been posted Special Sessiou, October 16, 1967 507 within the 45 day period as set out in said resolution. Section 3. That the said Leonard 1.. Timmerman and Ruth C. Tim- merman execute the acceptance hereto attached accepting the terms and provisions of Resolution No 250.67 and the terms and pro- visions of Resolution No. 339-67. Passed, adopted and approved this 16th clay of October 1967. Richard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler Councilmen .Attest: Leo F. Frommelt, City Clerk wall proposed to be erected in the City of Dubuque, Iowa; and WHEREAS, A Y. McDonald Mfg. Co. has agreed to sell said real estate to the City of Dubuque, Iowa, for the sum of Thirty -One Thousand Eight Hundred Sixty Dollars all in accordance with the terms and provisions of written agreement, a copy of which is here- to attached, marked Exhibit "A" and by reference made a part here- of: and WHEREAS, the terms and pro- visions of said agreement are ap- proved by the City Council of the City of Dubuque, Iowa, and said instrument should be executed by the City of Dubuque, Iowa. NOW THEREFORE Be It Re- solved by the City Council of the ACCEPTANCE OF RESOLUTION I City of Dubuque, Iowa: NO. 250-67 Section 1. That the agreement by AND and between City of Dubuque, RESOLUTION NO. 33967 lova, and A. Y. McDonald Mfg. Co. We, the undersigned, Leonard L. covering the terms and conditions Timmerman and Ruth C. Timmerof sale of real estate described in man, having read the terms and the preamble hereof to the City of conditions of RESOLUTION NO. Dubuque, Iowa, for the sum of 250-67 and RESOLUTION NO. 339- Thirty -One Thousand Eight Hun - 67 and being familiar with the con- dred Sixtv ($31,860.00) Dollars, tents thereof hereby accept the which real estate is acquired in same and agree to perform the con- connection with the flood wall pro- ditions required therein. posed to be constructed in the City i.eonard L. Timmerman of Dubuque, Iowa, be and the same Ruth C. Timmerman is hereby approved. Dated October 17. 1967. Section 2. That the Mayor and Councilman McCauley moved ad- City Clerk be and they are hereby option of the resolution. Seconded authorized and directed to execute by Councilman Schultz. Carried by said agreement for and on behalf the following vote: of City of Dubuque, Iowa, and the Yeas -- Mayor Ludwig, Council- City Clerk be and he is hereby men McCauley, Pfohl, Pregler, directed to file a certified copy of Schultz. this Resolution together with Nays None. agreement attached inthe office er of the Dubuquee inrthe and file a copy of the same office of the City Assessor in the City of Dubuque. Iowa. roved Passed, adopted and app this if, day of October, A.D., 1987. Richard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Walter A Cregler ouncilmen RESOLUTION NO. 340-67 WHEREAS, City of Dubuque, Iowa, has been negotiating with A. Y. McDonald Mfg. Co. to acquire the following described real es- tate: I..ot 2 of A. Y. McDonald Mfg. Co. Place, City of Dubuque, Iowa. according to the recorded plat thereof; IA)ts 610, 611, 612, 614, 627, 628, 629, 630, and 631 in Fast Dubuque Addition No. 2 to the City of Dubuque, Iowa, ar Attest: cording to the recorded plat Leo F. Frommelt thereof, City Clerk for the use of said real estate a pounding area for storage wa- . Seconded by Councilman Pfoh1 moved adop- e otion of the resolution ter in connection with the flood 508 Special Session, October 16, 1967 Councilman Schultz. Carried by the following vote: Yeas -- Mayor Ludwig, Coun• cilmen McCauley, Pfohl, Pregler, Schuft Nays—None. AGREEMENT THIS AGREEMENT made and entered into this 13 day of October, 1967, by and between A. Y. Me - DONALD MFG. CO., an Iowa corp- oration, hereinafter referred to as 'SELLER', and CITY OF DU- BUQUE, IOWA, a municipal cor- poration, "Buyer." WITNESSETH: For good and valuable considera- tion, receipt and sufficiency of which are acknowledged, Seller hereby sells and agrees to convey to the Buyer and the Buyer hereby purchases the following described real estate, to -wit; 1. Lot 2 of A. Y. McDonald Mfg. Co. Place, City of Dubuque, Iow4, according to the record- ed plat thereof; 2. Lots 610, 611, 612, 614, 627, 628, 629, 630 and 631 in East Dubuque Addition No. 2 in the City of Dubuque, Iowa, accord- ing to the recorded plat there- of; upon the following terms and con- ditions: 1. Purchase Price. The purchase price to be paid by Buyer to Seller is in the sum of Thirty-one Thousand Eight Hun. dred Sixty Dollars ($31,860.00) pay- able as follows: One Thousand Dollars ($1,000.- 00) upon execution of this Agreement; Thirty Thousand Eight Hun. dred Sixty Dollars ($30,860.00) upon delivery of Warranty Deed and Abstract of Title to the Buyer as hereinafter pro- vided. 2. Abstract of Title. Seller shall promptly cause an Abstract of Title to be prepared by a competent abstractor covering the above described premises and deliver same to Buyer for examina• tion by its attorney. Said Abstract of Title shall show merchantable title vested in the Seller suhjecl only to easement, flowage ane drainage agreements, and restric tions of record, The Abstract of ritle shall become the property of the Buyer upon payment in full of the purchase price. 3. Deed. Upon payment of the full pur- chase price, Seller will convey title to said property to the Buyer by Corporate Warranty Deed sub- ject to casements, flowage and drainage agreements and restric- tions of record. 4. Closing. This contract shall be consum- mated by delivery of deed and pay- ment of the balance of the pur- chase price not later than the 10 day of November, 1967. 5. Taxes. Seller shall pay the 1966 real estate taxes payable in 1967 and all unpaid taxes for prior years. Taxes for the year 1967 payable in 1968 shall be paid by the Buyer. Any unpaid personal property tax- es owing by Seller for the year 1966 due in 1967, need not be paid by Seller prior to October 1, 1967, and title will be accepted subject to such unpaid taxes. Seller coven- ants and agrees to pay such per- sonal property taxes on or before October 1, 1967. 6. Special Assessments. Seller shall pay all special as- sessments which are a lien on the premises as of the execution of this Agreement. All other special assessments shall be paid by the Buyer. 7. Possession. Possession of the premises shall be given by the Seller to the Buyer as of the closing and delivery of deed to the Buyer. 8. Status Quo Maintained. Buyer accepts said premises in their present "as is" condition which will be preserved and deliv- ered intact at the time possession is given. 9. Remedies. a. If Buyer fails to fulfill this Agreement, the Seller may forfeit the same as provided in the Code of Iowa and all payments made herewith shall be forfeited. h. If Seller fails to fulfill this Agreement. Buyer may cancel this Agreement and Buyer shall have Sl)(Thil Session, October 16, 198; Q) the right to have all its payments made hereunder returned to it. c. In addition to the foregoing remedies, Buyer and Seller each shall he entitled to any and all Ober remedies or actions at law or in equity, including foreclosure and specific performance and the party at fault shall pay costs and attor- neys, fees, and a receiver may be appointed. 10. Restrictive Covenant. Buyer covenants and agrees that the sanitary sewage system in the City of Dubuque will not be planned or engineered so as to empty or discharge into any part of the above described premises and that no pari of said premises will be knowingly used by the City to store or accumulate sanitary sewage at any time. This covenant shall run with the land and be binding upon all successors in in- terest. 11. Brokerage. Seller and Buyer represent and warrant to each other that all ne- gotiations relative to this Agree- metn have been carried on by prin- cipals of the respective parties and each party hereto covenants that there is no commission or broker- age payable to any one for repre- senting it in such negotiations. 12. Threat of Condemnation. This Agreement has been nego tiated and agreed upon between the parties after the Buyer served notice upon the Seller that Buyer was required to obtain title to the aforesaid described property for use as a detention basin incident to the constxuetion and operation of the proposed flood wall along the shore of the Mississippi River anti that if the parties could not agree upon the terms and condi- tions of sale, that the City of Du- buque would take title by condem- nation under eminent domain pro- ceedings 13. Special Covenants. A. The premises herein Pur- chased are being acquired by the City for use as a ponding area or detention basin for storage of wa- ters incident to the construction and operation of the proposed flood wall along the westerly shore of the Mississippi River in Du- buque. low,,. if the ('ity does no tea. require the premises for such use or desires to sell or lease all or a Portion of said premises the City covenants and agrees: (1) If the City elects to sell all or a portion of said prem. ises, the Seller shall have the first right and option to repurchase said premises or Portion thereof at the rate or unit price of $10,000 per acre. i2i If the City elects to lease all or a portion of said prem - the Seller shall have the first right and option to lease the premises from the City on terms not less favorable than are made available to any other per- son. The options above referred to shall be exercised by the Seller within 90 days after receipt of no- tice from the Buyer of its election to sell or lease said property. If the option to purchase or lease is not exercised by Seller within said 90 day period, the City shall be free to sell or lease the premises on not less favorable terms (from the standpoint of the City) to third persons. II. The Buyer is the present own- er of the following described lots: Lots 281, 345, 388 and 407 (also known as Northerly 517' of Lot 2 of the subdivision of part of Min- eral Lots 96, 97 and 98), 449, 468, 509. 528. All in East Dubuque No. 2, City of rtubuque, Iowa, which lots have been replatted and are now part Of Loras Blvd. (14th Street). In consideration of the Seller selling to the Buyer the property describ- ed in this Agreement. the Buyer hereby covenants and agrees, in I he event Buyer shall at any time elect to sell, exchange or otherwise dispose of the lots listed in this Section 13 B (together with Lots 262 and 326, East Dubuque No. 2, if owned by the Buyer), that Seller shall have the first right and op- tion to purchase said lots at the rate or unit price of $10,000 per acre. or fraction luthereof foif less each than one acre, p completed year between date here- of and date of exercise of such option by Seller. Such option shall I)(. exercised withi bvnthctySell�ir t days after receipt 510 Spvciul Session. October 16, 1967 of the notice from Buyer of its election to sell said lots. If the option to purchase is not exercis• ed by Seller within said 90 day period, the City shall be free to sell said lots to third persons at the same price, or more, as said lots were available to the Seller. In the event the Seller exercises said option and purchases any or all of the lots referred to in this Section 13 B. Seller covenants and agrees, subject to the excep- tion hereinafter stated, it will not thereafter sell, exchange or other- wise dispose of the lots so pur- chased from the Buyer unless and until it has first given the Buyer the right and option to repurchase said lot or lots at the same price per lot Seller paid therefor to the Buyer. Such option shall be exer• cised within ninety (90) days after receipt by the Buyer of notice from the Seller of its election to sell said lot or lots. If the option to repurchase is not exercised by the Buyer within said ninety (90) day period the Seller (McDonald) shall be free to sell said lot or lots to third persons at the same price, or more, as said lot or lots were available to the Buyer. Exception: The first right and option to repurchase said lot or lots by the Buyer shall not be applic- able in the event Seller elects to sell or otherwise dispose of all or substantially all of its assets or is a party to any merger, consolida. tion, corporate reorganization or recapitalization. The provisions of this subpara. graph B of Section 13 shall be ap- plicable to any successor in inter. est to A. Y. McDonald Mfg. Co. C. In the event the flood protec- tion levee proposed for the City of Dubuque is not completed prior to January 1, 1978, A. Y. McDon- ald Mfg. Co. shall have the option for a period of six months there- after of repurchasing the property herein sold to the City of Dubuque, Iowa, and described on page 1 hereof. The price to be paid for such repurchase shall be $31,860 and upon tender thereof within said six (6) month period the City of Dubuque shall execute; and de. liver warranty deed conveying said premises to A. Y. McDonald Mfg. Co, together with abstract of title showing good and merchantable title vested in the City. The date of January 1, 1978 above referred to shall be extended for any interrup- tion in construction of said flood protection levee because of tempor- ary delays in appropriation of funds by the Congress of the Unit. ed States or wartime restrictions on construction of the levee im- posed by the Congress of the Unit. ed States. 14. This Agreement shall be binding upon and inure to the benefit of the successors and as. signs of the respective parties. Executed in duplicate the day and year first above written. A. Y. McDONALD MFG. CO. J. Bruce McDonald Corporate Sectretary, Seller CITY OF DUBUQUE, IOWA By Richard Ludwig, Mayor Attest: Buyer Leo F. Frommelt, City Clerk State of Iowa County of Dubuque as: On this 13 day of October, 1967, before me, the undersigned, a No. tary Public in and for said County, in said State. personally appeared ,i. Bruce McDonald, to me person- ally known, who, being by me duly sworn, did say that he is Secretary. of said corporation executing the within and foregoing instrument, that the seal affixed thereto is the seal of said corporation; that said instrument was signed and sealed on behalf of said corporation by authority of its Board of Directors; and that the said J. Bruce McDon. ald as such officer acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by him voluntarily executed. (Corporate Seal) F. J. O'Connor Notary Public In and for Dubuque County, State of Iowa State of Iowa Dubuque County ( SS: On this 16th day of October, 1967, before me, a Notary Public in and for the County of Dubuque and State of Iowa, personally ap. geared Richard Ludwig and Leo F. SPVCial SCssi011, October 16, 196, 511 Frommelt to me personally know, who, being duly sworn did say that the said Richard Ludwig is Mayor and the said Leo F. Frommelt is Clerk of the City of Dubuque, Iowa, and that the seal affixed to the above instrument is the corporate seal of the City of Dubuque, Iowa, that said instrument was signed and sealed on behalf of said City of Dubuque. Iowa, by authority of the City Council of said City, and the said Richard Ludwig and Leo F. Frommelt acknowledged the execution of said instrument to be the voluntary act and deed of said City of Dubuque, Iowa, voluntarily done and executed. (Notarial Seal) Eugene J. Berens, Notary Public In and for Dubuque County State of Iowa Mayor Ludwig moved that Don' aid Mueller be reappointed to the Dock Commission for a three year— term ending 11.28.70. Seconded by Councilman Pfohl. Carried by the following vote: Yeas — Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays -.—None. Mayor Ludwig moved that Rich- ard Friedman be appointed to the Planning & Zoning Commission to fill the unexpired term of Thomas W. Loosbrock to 5-24-1971. Second. ed by Councilman McCauley. Car- ried by the following vote: 1.. Yeas — Mayor Ludwig, Council. men McCauley, Pregler. Nays --Councilmen Pfohl, Schultz. There being no further business Councilman Schultz moved to ad- journ. Seconded by Councilman Pregler. Carried by the following vote: yeas -- Mayor Ludwig, Council- men McCaully, Pfohl, Pregler, Schultz. Nays—None, Leo F. Frommelt, City Clerk Approved .... J�u�y 151988. Adopted ..!T. uar.y...1.1..... 1968. ti Councilmen City Clerk 11 ,. Slx cial Session, October. 13, 1967 CITY COUNCIL OFFICIAL Special Session, October 23, 1967. Council met at 7:30 P.M. ( D.S.T. ) Present — Mayor Ludwig, Councilmen McCauley, Pfohl, Pregler, Schultz. City Manager Gilbert D. Chavenelle. Mayor Ludwig read the call and stated that service thereof bad been duly made and this meeting is called for the purpose of CON- SIDERING THE AWARD OF CON- TRACTS FOR THE CONSTRUC- TION OF THE STAFFORD STREET PUMPING STATION AND CITY OF DUBUQUE 1967 AS - BURY ROAD WATER MAIN PRO,1- ECT NO. 1, and acting upon such other business as may properly come before a regular meeting of the City Council. Communication of Iowa Gover- nor Harold E. Hughes, appointing Councilman Sylvester McCauley to membership on the Iowa Intergov- ernmental Commission, being a statewide group dedicated to ex- amining major problems of our so- ciety, presented and read. Council. man Pregler moved endorsement of the appointment. Seconded by Mayor Ludwig. Carried by the fol. lowing vote: Yeas — Mayor Ludwig, Coun. cilmen Pfohl, Pregler, Schultz. Nays—None. Councilman McCauley not vot- ing. Communication of Mrs. Willman of 347 W. 17th St. registering con- cern about the payment of her taxes, her inability to pay bills, and the inability of her husband to find work, presented and read. Councilman Schultz moved that the communication be referred to the Manager. Seconded by Council. man McCauley. Carried by the fol- lowing vote: Yeas — Mayor Ludwig, Coun. cilmen McCauley, Pfohl, Pregler, Schultz. Nays—None. Printed Council proceedings pre. sented for the month of August 1967. Councilman Pfohl moved that Lhe council proceedings for the month of August 1967 be approved as printed. Seconded by Council- man Schultz. Carried by the fol- lowing vote: Yeas — Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. Nays --None. Proof of Publication, certified to by the Publther, of statement of receipts and a list of claims for which warrants were issued during September 1967, presented and read. Councilman Pregler moved that the proof of publication be received and filed. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. Nays—None. October 20, 1967 To the Honorable Mayor and City Council Gentlemen: As directed by the Council dur- ing the month of June, I have secured a 3' x 5' City of Dubuque Flag (cotton) from the Marten Flag Company of Fort Dodge, Iowa. In the near future we hope to obtain several more cotton flags to fly above several city properties. In addition, we will soon order an indoor flag for the Council Cham- bers. My office is currently approach- ing several organizations in the city to see if anyone of them would be interested in purchasing a large quantity of flags for resale to inter- ested Dubuque citizens. This will lower the cost of the individual flags. Some of the prices submitted by the company for the 3 x 5 flags are as follows (exclusive of deliv- ery costs): cotton nylon I dozen $12.10 ea. $23.60 ea. 4 dozen $10.10 ea. $18.50 ea. 9 dozen $ 9.10 ea. $15.30 ea. 500 $ 7.80 ea. The delivery time on a subse- quent order will be much less than on our previous order now that they have their color screens con- structed. Respectf ully, Gilbert D. Chavenelle, City Manager --'V Slv.eial Session, October, 23, 1967 513 Councilman Pregler moved that the communication be received and filed. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Mayor Ludwig, Council- men McCauley, Pfohl. Pregler, Schultz. Nays—None. October 28, 1967 To the Honorable N-iyor and City Council Gentlemen: This is to advise that I have approved the following bonds and policies, and desire to have your approval on same. PUBLIC OFFICIAL BOND Victor J. Grice, tTnited States Fidel- ity & Guaranty Co. BOND CONTINUATION CERTIFICATE 11 & B Communications. United States Fidelity & Guaranty Co., #26870.11-2845-64 COMPREHENSIVE LIABILITY William Becker & Sons Stone Co., Iowa National Mutual Insurance Co. Louis Buechel, United States Fedel- ity & Guaranty Co. Edgar A. Schmitz d/b/a Smitty's Excavating Service, Providence Washington Insurance Co. SIDEWALK Carl Hirsch and Sons, Allied Mu- tual Insurance Co. Respectfully, Gilbert D. Chavenelle, City Manager (louncilman Pregler moved that the bonds and policies be filed sub- ject to approval of the City Solic- itor. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Mayor Ludwig. Coun. cilmen McCauley, Pfohl, Pregler, Schultz. Nays --None. October 23, 1967 To the honorable Mayor and City Council Gentlemen: Enclosed is a copv of a letter from the Iowa State Highway Com- mission in regard to the signing Of the speed regulation on Julie Dubuque Bridge. The speed regulation on th hrI+1p {s now 35 miles per hour. Respectfully, Gilbert D. Chavenelle City Manager Councilman McCauley moved that the communication be re- ceived and filed. Seconded by Councilman Pfohl. Carried by the following vote: Yeas — Mayor Ludwig, Council- men McCauley. Pfohl, Pregler, Schultz. Nays—None. October 20, 1967 Hon. Mayor & City Council Gentlemen: On August 21, 1965. Donovan L. Kelleher and Mary Ann Kelleher filed notice of suit together with petition attached, against Lyle Link and City of Dubuque, defendants, which action was filed in the Dis- trict Court of Iowa in and for Du- buque County, wherein the plain- tiffs in two counts, claim the amount of $10,000.00 and $7500.00 respectively, and that said matter was referred to the City Attorney who referred the suit to the prop- er agency of the City of Dubuque, and that the City Attorney has been advised that said matter has been disposed of amicably and therefore this matter should be closed. The notice of suit with petition attached is returned herewith. A copy of the Dismissal with Prejudice is enclosed. Respectfully submitted, R. N. Russo City Attorney Mayor Ludwig moved that the communication be received and filed. Seconded by Councilman Mc- Cauley. Carried by the following vote: Yeas — Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. Nays—None. Notice of claim of Mrs. Ann Du- scher, in an approximate amount of $58.00, for injuries sustained in a fall on a defective sidewalk at 2014 Rhomberg Ave. on February 7, 1967, presented and read. Coun- cilman Pfohl moved that the notice of claim be referred to the City Solicitor for investigation and re- n port. Seconded by Councilman Mc- Cauley. Carried by the following e vote: Yeas — Mayor Ludwig, COun- cilmen McCauley, Pfohl, Pregler, Schultz. Nays—None. i l I Special Session, October, 2.3, 11167 ORDINANCE NO. 5467 An Ordinance establishing a grade on Marsh Street from East Fifteenth Street to East Six- teenth Street, Profile No. 1548, presented and read. Councilman Pregler moved that the reading just had be considered the first reading of the Ordinance. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Mayor Ludwig, ('oun- cilmen McCauley, Pfohl, Pregler, Schultz. Nays—None. Councilman Pregler moved that the rule requiring an ordinance to be read on three separate days be waived. Seconded by Councilman Schultz. Carried by the following vote: Yeas -- Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. Nays—None. ORDINANCE No. 54-17 BE IT ORDAINED BY THE CITY COON. CIL OF THE CITY OF DUBUQUE, IOWA: SECTION I. That an ordinance estab fishing a grade on Marsh Street from East Fifteenth Street to East Sixteenth Street, be and the same Is hereby adopted as shown on the profile of said Street as Prepared by the City Engineer, same be• InQ Profile No. 1348. Said grade begins at Station 0.32 which Is CenterIlne of East Fifteenth Street, and Is P.V.I. with east and west curb grade of 602.01; thence to Station 0+18, which Is P.V.T. with east and west curb e'evation of 602.84; thence to Station 2-1,00, which is P. V. C. with east and west curb elevation of 607.39; thence to Station 2+25 which Is P.V.I. with east curb elevation of 607.75 and west curb elevation of 607.83; thence to Station 2+50 which Is P.V.T. with east curb elevation of 607.72 and west curb eleva- tion of 607.89; thence to Station 2+55.5 which is end of existing curb returns at East Sixteenth Street with east curb elevation of 607.64 and west curb eleva• tion of 607,81, fullEforce end effect term (10) days after Its final passage and adoption and Pub- lication in the official newspaper of this City, as provided by taw. Passed upon first and second reading October 23, 1967 Passed, adopted and approved October 23, 1%7. Richard Ludwig cYor M.MSylvester McCauley Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler ATTEST: Councilmen Leo F. Frommelt Publlsshedlerk officially In The Telegraph. Herald Newspaper this 271h day of Octo• bar 1%7. Leo F. Frornmell 11. 1047 City Clerk. Councilman Pregler moved adop- tion of the Ordinance. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Mayor Ludwig, Coun• cilmen McCauley, Pfohl, Pregler, Schultz. Nays—None. 1 ORDINANCE NO. 55.67 An Ordinance establishing top of curb grades on East Fifteenth Street from a point 462.8' East of the East Property Line of Sycamore Street to Marsh Street, Profile No. 1597, presented and read. Councilman Pregler moved that the reading just had be consider• ed the first reading of the Ordin- ance. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Mayor Ludwig, Council. men McCauley, Pfohl, Pregler, Schultz. Nays—None. Councilman Pregler moved that the rule requiring an Ordinance to be read on three separate days be waived. Seconded by Councilman Schultz carried by the following vote: Yeas -- Mayor Ludwig, Council. men McCauley. F'fohl, Pregler. Schultz, Nays—None. ORDIANC55.47 BE IT O DAINED BE THE CITY COUN CIL OF THE CITY OF DUBUQUE, IOWA: SECTION lTfcnesIlhinoto , of curb gordinance EstFifteenth treet from a point x62.8, east of the east property line of Sycamore Street hetbM�ptedta lshowbe nnbytthe pro- file of sold street, prepared by the City Enrineer, same being Profile No. 1597. which Is hereby adopted. at Sold Beast begins lineohof Sycamore Street, south curbselevation aof 66o5.14; thon 0400, with nOencr to Station 3+07.2 which Is P.V.C., with thencenorth to South curb 3+57 2 which is P?V I. with north and south curb elevation of 602.01, and Is center line of Marsh Street. ful force end of ect ordinance (10) devis alter Its final passage and doptlon and publl- cation in the official newspapers of this City, nssedpupon efirst ad by a nd second readingOctober 23, 1967 Passed, edopled and approved October 23, 1 %7. Richard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl WelterA. Pregler ATTEST: Councllmen Leo F. Frommelt City Clerk Published Officially In The Telegraph. Herald Newspaper this 27th day of Octo. bar 1967. Leo F. Frommen It 1427 City Clerk, Councilman Pregler moved adop- tion of the Ordinance. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays — None. Special Session, October, 23, 1967 515 Petition of Raymond L. & Donna M. Foote requesting permission to purchase Lot 33 in Bellevue Addn. (Queen Street) presently owned by the City of Dubuque, presented and read. Councilman McCauley moved that the petition be referr- ed to the Planning & Zoning Com- mission and the city Manager. Seconded by Councilman Pfohl. Carried by the following vote: Yeas — Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None. Petition of Eldon T. & Janet M. liefel requesting vacation and quit -claim deed to that portion of Lot l of 2 of 2 of Trenk's Sub. which lies within the confines of North Booth Street, as was pre- viously considered in Ordinance No. 6-47, presented and read. Councilman Schultz moved that the petition be referred to the City Solicitor for proper proceed- ings. Seconded by Councilman Pregler. Carried by the following vote: Yeas --- Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None. Petition of Robert Steichen et al (29 signers) requesting construc- tion of underground boulevard lights in Orchard Hills Sub., pre- sented and read. Councilman Mc. Cauley moved that the petition be referred to the City Manager and Electrical Inspector. Seconded by Councilman Pfohl. Carried by the following vote: Yeas—Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None. Petition of LeRoy Price et a] (60 signers) objecting to re -zoning of property on Alpha Street from Single Family to Multiple Family District Classification, presented and read. Councilman Pfohl moved that the petition be referred to the Planning & Zoning Commission. Seconded by Councilman McCauley. Carried by the following vote: Yeas — Mayor Ludwig, Council- men McCauley. Pfohl, Pregler, Schultz. Nays—None. Petition of Ivyl M. Adams, Cath. arine R. Adams, Olive Adams, re questing annexation of Lot I of 1 of 1 of 1; Lot 2 of 1 of 1 of 1; I.ot 2 of 1 of 1 all of the Re -Subdi- vision of part of Shipton Addn. Du- buque County Iowa, presented and read. Councilman McCauley moved that the petition be referred to the Planning & Zoning Commission and staff. Seconded by Councilman Schultz.. Carried by the following vote: Yeas—Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None. Petition of Richard Alderson re- questing a refund of $250. on the unexpired portion of Liquor Lic- ense No. C-4868, as he has discon- tinued business on September 30, 1967, presented and read. Mayor Ludwig moved that the refund be granted and the Auditor instructed to issue proper warrant. Seconded by Councilman Pfohl. Carried by the following vote: Yeas—Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None. Proof of Publication, certified to by the Publisher, of notice of pendency of resolution of necessity for public improvements and hear- ing upon proposed plans and specifications for construction of the Stafford Street Water Pumping Station. No written objections were filed and no oral objectors were present in the Council Cham- ber at the time set for the public hearing. Councilman Pfohl moved that the proof of publication be received and filed. Seconded by Councilman Pregler. Carried by the following vote: yeas—Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None. (Necessity for Improvement) RESOLUTION NO. 319-67 WIIEREAS, proposed plans, specifications, and form ced and con- tract have been duly prepared approved by the City Council of the City of Dubuque, Iowa and are now on file in the office of the City Clerk showing among other things the following: (1) The plan of such improve- ment. 516 Special Session, October, 23, 1967 (2) An estimate of the cost of the improvement. for the construction of the Stafford Street Water Pumping Station. 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 resolution have on file with the City Clerk, objections to the amount of the cost of 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 approved by the CkY Council and are now on file witfi the City Clerk. That the cost and expense of making said im- provement will be paid from the Water Works Depreciation Fund. The above resolution was intro- duced, approved and ordered placed on file with the City Clerk this 2nd day of October, 1967. Approved and placed on file for final action. APPROVED: Richard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler Attest: Councilmen Leo F. Frommelt City Clerk RECORD OF FINAL ADOPTION The foregoing resolution was finally passed and adopted, as pro- posed, by the City Council this 23rd day of October, 1967. Richard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler Attest: Councilmen Leo F. Frommelt City Clerk Councilman Pregler moved final adoption of the resolution. Second- ed by Councilman Schultz. Carried by the following vote: Yeas — Mayor Ludwig, Council- men McCauley, Pfohl. Pregler, Schultz. Nays—None. Proof of Publication, certified to by the Publisher, of notice to contractors of receipt of proposals for construction of the Stafford Street Water Pumping Station, pre- sented and read. Councilman Preg. ler moved that the proof of publi• cation be received and filed. Seconded by Councilman Pfohl. Carried by the following vote: Yeas — Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None. October 23, 1967 To The Honorable Mayor and City Council Gentlemen: Pursuant to your instructions, sealed bids were received until 10:00 A.M.. Monday, October 23, 1967 for the construction of the Stafford Avenue Pumping Station. The lowest bid was submitted by M. F. Goerdt Construction Com- pany of Dubuque, Iowa. Their bid was 49.3% over the Engineer's Estimate. I recommend that all bids be rejected at this time. Respectfully submitted, Gilbert D. Chavenelle City Manager Councilman Pfohl moved that the recommendation of the City Manager be approved. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Mayor Ludwig, Council. men McCauley, Pfohl, Pregler, Schultz. Nays—None. Proof of Publication, certified to by the Publisher, of notice to contractors of receipt of proposals for construction of City of Du- buque 1967 Asbury Road Water Main Project No. 1, presented and read. Councilman Pregler moved :hat the proof of publication be -eceived and filed. Seconded by councilman Pfohl. Carried by the 'ollowing vote: Yeas -- Mayor Ludwig, Council - nen McCauley, Pfohl, Pregler, tchultz. Nays—None. ''olift. - I" Special Session, October, 23, 19677 517 October 23, 1967 To The honorable Mayor and City Council Gentlemen: Pursuant to your instructions, sealed bids were received until lo.o0 A.M., Monday, October 23, 1967 for the construction of the City of Dubuque 1967 Asbury Road Water Main Project No. 1. The lowest bid entered was sub- mitted by Fondell & Sons, Inc., of Dubuque, Iowa. Their bid was 5.2%r under the Engineer's Estimate. I recommend that the contract for the improvement be awarded to Fondell & Sons, Inc. Respectfully submitted. Gilbert D. Chavenelle City Manager Councilman Pfohl moved that the recommendation of the City Manager be approved. Seconded by Councilman Pregler. Carried by the following vote: yeas—Mayor Ludwig, Council- men McCauley. Pfohl, Pregler. Schultz. Nays—None. (Awarding Contract) RESOLUTION NO. 34167 WHEREAS, sealed proposals have been submitted by contractors for the City of Dubuque 1967 As- bury Road Water Main Project No. I from the west property line of John F. Kennedy Road to the west property line of Lot 1 of Lot 1 of Lot 1 of Asbury Park Subdivision in Sec. 21 — Dubuque Township, Dubuque, Iowa with the exception of a section from the west property line of Lot 1 of Block 10 of West- chester Subdivision to the west property line of St. John Drive pur- suant to Resolution No. 313.67 and notice to bidders published in a newspaper published in said City on October 5, 1967 and October 12, 1967; and WHEREAS, said sealed proposals were opened and read on October 23, 1967, and it has been deter- mined that the bid of Fondell & Sons, Inc, of Dubuque, Iowa in the amount of $14,692.60 was the low- est bid for the furnishing ll labor and materials and perform ink the work as provided for in the plans and specifications; now there- fore, BE IT RESOLVED by the City Council of the City of Dubuque that the contract for thr above mentioned improvement be award- ed to Fondell & Sons, Inc. and the Manager be and he is hereby direct- ed to execute a contract on behalf of the City of Dubuque for the com. plete performance of said work. BE IT FURTHER RESOLVED, that upon the signing of said con- tract and the approval of the con- traclors bond the City Treasurer is authorized and instructed to re- turn the bid deposits of the un. successful bidders. Passed and adopted this 23rd clay of October, 1967. Richard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler Councilmen Attest: Leo F. Frommelt City Clerk Mayor Ludwig moved adoption of the resolution. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. Nays --None. October 11, 1967 To The Honorable Mayor and City Council Gentlemen: The Little Chicago Sanitary Sew- er Project 1967 has been com- pleted in accordance with plans and specifications by Fondell & Sons, Inc. of Dubuque, Iowa. I recommend that the improve- ment be accepted. Respectfully, Gilbert D. Chavenelle City Manager Councilman Pfohl moved that the recommendation of the City Manager be approved. Seconded by Councilman Schultz. Carried by the: following vote: Yeas — Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. Nays—None. FINAL ESTIMATE RESOLUTION NO. 342-67 WHEREAS, the contract for the construction of a twelve -inch (12") Sanitary Sewer in Farragut Street from the W.P.L. of Kerper Boule- vard to the intersection of Farra- 518 Special Session, October, 23, 1967 gut Street and the alley between Garfield Avenue and Kerper Boule- vard; then an eight -inch (8") Sani- tary Sewer in the alley between Garfield Avenue and Kerper Boule- vard from the intersection with Farragut Street 386.68 feet north- erly. Also, an eight -inch (8") Sani- tary Sewer from the sewer in the alley between Garfield Avenue and Kerper Boulevard westerly through Lot 180 of Ham's Addition to Gar- field Avenue and northerly in Gar. field Avenue a distance of 258.16 feet has been completed and the City Engineer has submitted his final estimate showing the cost thereof including the cost of esti- mates, notices, inspection, and pre- paring the assessment and plat, now therefore, BE IT RESOLVED, by the City Council of Dubuque, That the cost of said improve- ment is hereby determined to be $6,604.49. That $6,293.11 of the cost there- of shall be assessable upon private property and $311.38 shall be paid from the #162J1 Fund of the City of Dubuque. Passed, adopted and approved this 23rd day of October 1967, Richard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pfohl moved adop- tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Ludwig, Coun. cilmen McCauley, Pfohl, Pregler, Schultz. Nays—None. (A Resolution Accepting Im- provement and Directing the Clerk to Publish Notice.) RESOLUTION NO. 343.67 WHEREAS, the contract for the Construction of a twelve inch (12") Sanitary Sewer in Farragut Street from the W.P.L. of Kerper Boule- vard to the intersection of Farra. gut Street and the alley between Garfield Avenue and Kerper Boule. vard; then an eight inch (811) San- itary Sewer in the alley between Garfield Avenue and Kerper Boule- vard from the intersection with Farragut Street 386.68 feet north- erly. Also, an eight inch (8") San- itary Sewer from the sewer in the alley between Gp.rfield Avenue and Kerper Boulevard westerly through Lot 180 of Ham's Addition to Gar- field Avenue and northerly in Gar- field Avenue a distance of 258.16 feet has been completed and the City Manager has examined the work and filed his certificate stat- ing that the same has been com- pleted according to the terms of the contract, plans and specifica- tions and recommends its accept- ance, now therefore, BE IT RESOLVED, by the City Council of the City of Dubuque, that the recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted and the City Engineer be and is hereby directed to prepare a plat and schedule showing the lots or parcels of real estate subject to assessment for said improvement and file the same in the office of the City Clerk subject to public inspection and said Clerk shall upon receipt of such plat and schedule publish the notice of the Council's inten. tion to levy special assessments therefor, as required by law. BE IT FURTHER RESOLVED, that the City Treasurer be and he is hereby directed to pay to the con. tractor from the funds to be real- ized from the sale of sewer bonds issued upon the above described improvement in amount equal to the amount of his contract, less any retained percentage provided for therein. Passed, this 23rd adopted and approved day of October, 1967. Richard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler Councilmen Attest: Leo F. Frommelt, City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Schultz. Carried by the following vote: V%f.. Ivan Special Session, october, 23, 1967 519 Yeas — Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nay s ---None. October 19, 1967 To the Honorable Mayor and City Council Gentlemen: I herewith submit the attached sheets No. 1 to 21, inclusive show- ing a schedule of the proposed valuations and assessments for the City of Dubuque 1967 Sidewalk Project No, 1. Submitted October 23, 1967. John L. White. City Engineer Councilman McCauley moved that the communication be received and filed. Seconded by Councilman Pregler. Carried by the following vote: Ycas—Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None. RESOLUTION NO. 344.67 Be it resolved by the City Coun- cil of the City of Dubuque. Iowa: Section 1. That the attached sheets No, one to twenty-one in- clusive, are hereby determined to be the schedule of proposed assess- ments for the City of Dubuque 1967 Sidewalk Project No. 1, and the valuations set out therein are hereby approved. Adopted this 23rd day of Octo- ber, 1967. Richard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler Councilmen Attest: I.eo F. Frommelt, City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Pfohl. Carried by the following vote: Yeas — Mayor Ludwig. Council- men McCauley, Pfohl, Pregler. Schultz. Nays—None. RESOLUTION NO. 34567 Approval of preliminary Esti- mate, proposed plans, specifica- tions, form of contract, plat, and all other documents for construc- tion of City of Dubuque 1967 Side- walk Project No, 1 on the follow- ing named streets: Adair, Andrew Court, Broadway, Coates, Daven. port, Davis, Finley, Garfield, Gil- liam, Glen Oak, North Grandview, Jeffrey Drive, Kaufmann, Lincoln, Lombard, Lorimer, Morningview Road. Pearl, Rosedale, Scenic View Drive, Stetmore, West Locust, in the proposed amount of $18,792.32, Presented and read. Councilman McCauley moved adoption of the resolution. Seconded by Council- man Schultz. Carried by the follow- ing rote: Yeas — Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. 'Ways—None. (Necessity for Improvement) RESOLUTION NO. 346.67 WHEREAS, proposed plans, spec- ifications, form of contract, plat and schedule have been duly pre- pared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk showing among other things the following: 1. The streets to be improved. 2. Each lot proposed to be assess- ed together with a valuation fixed by the council. 3. An estimate of the cost of the proposed improvement, stating the same for each different type of construction and kind of material to be used. 4. In each case the amount there- of which is estimated to be assess- ed against each lot, for the City of Dubuque 1967 Sidewalk Project No. 1 on the following named streets: Adair, Andrew Court, Broadway, Coates, Davenport, Davis, Finley, Garfield, Gilliam, Glen Oak, North Grandview, Jeffrey Drive, Kauf- mann, I incoln, Lombard, Lorimer, Morningview Rood, Pearl, Rosedale, Scenic View Drive, Stetmore, West Locust. BE IT THEREFORE RESOLVED that the City Council on its own motion or upon petition of proper- ty owners, deems it advisable and necessary for the public welfare to make the herein mentioned im- provement, and unless property owners at the time ro the final consideration of this proposed reso- lution have on file with the City Clerk objectiopropo10 the sed assessments, they the proro pdda 530 Slx•c•ial Session, October, 23, 1967 shall be deemed to have waived al objections thereto. Said improvements shall be con structed and done in accordance with the plans and specification: which have been prepared there fore by the City Engineer which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said improve ment will be assessed upon and against all privately owned proper• ty lying within assessable distance provided by law and in an amount not to exceed the amount provided by law, property will be assessed whether the same abuts thereon or is adjacent thereto according to area and in proportion to the spec- ial benefits conferred thereby, and any deficiency shall be paid out of the general fund. Bonds shall be issued and sold in anticipation of deferred payments of assessments when a contract has been perform- ed and accepted and the proceeds thereof used to pay the contractor. The railway portion of any street or assessment district shall be as- sessed to and paid by the railway company. The above resolution was intro- duced, approved and ordered plac- ed on file with the City Clerk this 23rd day of October. 1967. Approved and placed on file for final action. Richard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler Attest: Councilmen Leo F. Frommelt, City Clerk Councilman Pregler moved ap- proval of the resolution. Seconded by Councilman McCauley. Carried by the following vote: Yeas — Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None. (Fixing date of hearing) RESOLUTION NO. 347.67 WHEREAS, the City Council of the City of Dubuque, Iowa, has by Resolution No. 345-67 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 1967 Sidewalk Project No. 1 and, WHEREAS, the proposed Resolu- tion of Necessity for said improve- ment has been introduced and is now on file in the City Clerk's office for public inspection. BE IT THEREFORE RESOLVED that on the 4th day of December. 1967, a public hearing will be held at 7:30 o'clock P.M. C.S.T. in the Council Chamber in the City of Du- buque at which time the owners of property subject to assessment for the proposed improvement may ap- pear and make objection to the pro- posed plans and specifications and Proposed form of contract and at the same time to the boundaries of the proposed district, to the cost of the improvement, to the amount proposed to be assessed against any lot and to the passage of the pro- posed Resolution of Necessity and the City Clerk be. and he is hereby directed to cause a notice of the time and place of such hearing to be published in some newspaper published in the city of Dubuque, the last of which shall be not less than two (2) nor more than (4) weeks prior to the day fixed for its consideration and unless property owners at the time of final con. sideration of said resolution have nn file with the Clerk objections to the amount of the proposed assess. ment, they shall have been deemed to have waived all objections there. to, at which hearing the Council will hear such objections and enter on record its final decision there- on. Passed, adopted and approved this 23rd day of October, 1967. Richard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler Attest: Councilmen Leo F. Frommelt City Clerk Mayor Ludwig moved adoption ,If the resolution. Seconded by .'ouncilman Pregler. Carried by the following vote: Yeas — Mayor Ludwig. Coun. ,ilmen McCauley, Pfohl, Pregler, Schultz. Nays --'gone. Special Session, October, 23, 1967 521 RESOLUTION NO. 3S247 Granting Vulcan Development corporation the exclusive right and option to purchase Lot 3 of Block 14 of Riverfront Subdivision No. 3, in the City of Dubuque, pre- sented and read. Some discussion arose as to granting the option on the pur. chase price of $3500 per acre or on the newly established proposed price of 20W per square foot. City Solicitor Russo advised the Coun- cil that the option request by Vul- can Development was on the basis of $3500 per acre, and the con- tinuation of the option is no doubt expected on the same basis. Councilman Pfohl moved that the resolution lie on the table for further discussion. Seconded by Councilman McCauley. Carried by the following vote: Yeas — Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. Nays—None RESOLUTION NO. 34&67 WHEREAS, the MAYOR'S IN- DUSTRIAL COMMITTEE, com- posed of Richard Ludwig, Mayor, Donald Mueller, Chairman of Dock Board and Robert E. Dorothy. Man- ager of Dubuque Industrial Bureau has recommended to the City Coun- cil of Dubuque, Iowa, that the ap- plication to purchase certain real estate by Lease Builders, Inc. of Dubuque, Iowa, for the purpose to erect and construct thereon a trans- it warehouse; and WHEREAS, the City Council of Dubuque, Iowa, has examined said application and said recommenda- tion by the Mayor's Industrial Com- mittee and find that the sale of said real estate should be ap- proved; and WHEREAS, said real estate sought to be purchased by Lease Builders, Inc. shall hereafter be described and known as follows: Lot 2 of I.ot 2 of Block 19 of Riverfront Subdivision No. 3 in 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 application of IA -ase Builders, Inc. to purchase a parcel of real estate in the In- dustrial Park of Dubuque, Iowa, which real estate shall hereafter be described and known as follows: Lot 2 of Lot 2 of Block 19 of Riverfront Subdivision No. 3 in the City of Dubuque, Iowa, be and the same is hereby ap- proved upon the following terms and conditions: A. That said parcel of real es. tate be sold to Lease Build. ers, Inc. for the construction of a transit warehouse; B. That said parcel of real es. tate be classified and zoned "Heavy Industrial District Classification" instead of the present restricted Industrial District Classification; C. That the sale of said real estate shall be for twenty cents (20¢) per square foot or a total purchase price of $8,712.00, and receipt of down payment thereon in the amount of $500.00 is herewith acknowledged; D. That construction of said transit warehouse 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 Dubuque, Iowa, and purchase price less damages shall be refunded to the said Lease Builders, Inc. E. That the construction of all building, buildings, yards, parking lots, fences shall be constructed in conformance with existing City codes; F. That the Planning & Zoning Commission of the City of Dubuque, Iowa, shall approve the re -zoning classification of said real estate to "Heavy Industrial District" Classifi- cation. 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 and such publication shall be instituted upon receipt of approval to the zoning re-classifi- cation from the Planning & Zoning Commission of the City of Du- buque, Iowa. 522 Special Session, October, 23, 196T Passed, adopted and apprcved this 23rd day of October, A.D., 1967. Richard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pfohl moved adop- tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. Nays—None. RESOLUTION NO. 349-67 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, be granted a permit to sell Cigarettes and Cigarette Papers within said City. NAME ADDRESS Donald C. Brimeyer, 1100 Lincoln Avenue BE IT FURTHER RESOLVED that the bonds filed with the ap- plication be approved. Passed, adopted and approved this 23rd day of October, 1967, Richard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler Councilmen Attest: Leo F. Frommelt, City Clerk Councilman Pfohl moved adop- tion of the resolution. Seconded by Councilman McCauley. Carried by the following vote: Yeas — Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays --None. RESOLUTION NO. 350.67 WHEREAS, applications for Beer Permits have been submitted to this Council for approval and the same have been examined: NOW THEREFORE. BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the following applica- tions be granted and licenses be issued upon the compliance with the terms of the ordinances of the City. CLASS "B" BEER PERMIT Donald C. Brimeyer (Effective Oct. 26, 1967), 1100 Lincoln Avenue CLASS "C" BEER PERMIT National Tea Company, 2013 Cen• tral Avenue Passed, adopted and approved this 23rd day of October, 1967, Richard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfoh) Walter A. Pregler Councilmen Attest: I- o F. Frommelt, City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Pfohl. Carried by the following vote: Yeas — Mayor Ludwig, Council. men McCauley, Pfohl, Pregler, Schultz. Nays—None. RESOLUTION NO. 351.67 WHEREAS, applications for Beer Permits were filed by the within named applicants and they have received the approval of this Coun- cil; and WHEREAS, the premises to be occupied by such applicants were inspected and found to comply with the ordinances of this City and they have filed proper bonds: NOW THEREFORE, BE IT RE. SOLVED by the City Council of the City of Dubuque, Iowa, that the Manager be and he is hereby di- rected to issue to the following named applicants U Beer Permit. CLASS "B" BEER PERMIT Donald C. Brimeyer (Effective Ocl. 26, 1967), 1100 Lincoln Avenue. CLASS "C" BEER PERMIT National Tea Company, 2013 Cen- tral Avenue BE IT FURTHER RESOLVED that the bonds filed by such appli- ter.. - 'N Special Session. October, 23, 1%, 7 523 cants be and the same are hereby approved. Passed, adopted and approved this 23rd day of October, 1967. Richard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler Councilmen Leo F. Frommelt, City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Pfohl. Cabled by the following vote: Yeas — Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays — None. There being no further business Councilman McCauley moved to ad- journ. Seconded by Councilman Pfohl. Carried by the following vote: Yeas — Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Leo F. Frommell, City Clerk Approved January 15 1968 Adopted ,Januar is ..,1968. n / .................................... . j .. ..... ............... i 524 Special Session, Oeol—wr 25, 1967 CITY COUNCIL OFFICIAL Special Session, October 25, 1967. Council met a" 4:30 P.M.(D.S.T.) Present --Mayor Ludwig, Council- men Pregler, Schultz. City Manager Gilbert D. Chavenelle. Absent —Councilmen McCauley, Pfohl. Mayor Ludwig react the call and stated that service thereof had been duly made and this meeting is called for the purpose of CON- SIDERING THE REPORT OF THE CITY CLERK SHOWING THE CANVASS OF THE MUNICIPAL PRIMARY ELECTION HELD ON OCTOBER 24, 1967, and acting up- on such other business as may properly come before a regular meeting of the City Council. Proof of Publication, certified to by the Publisher, of the Municipal Primary Election Ballot as pub. lished on October 20, 1967, present. ed and read. Mayor Ludwig moved that the proof of publication be re- ceived and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Ludwig, Council. men Pregler, Schultz. Nays—None. Absent — Councilmen McCauley, Pfohl. October 25, 1961, To The Honorable Mayor and Members of the City Council Gentlemen: In accordance with the provi- sions of Chapter 363.24 of the 1966 Code of Iowa, on October 25, 1967, I made a public canvass of the elec. tion returns of the MUNICIPAI. PRIMARY ELECTION held on Oc- tober 24, 1967, and heretofore sub. mit the report of the results of said canvass. In accordance with the provi- sions of said Chapter the following; is a list of nominees for all offices to be filled at the forthcoming Mu. nicipal General Election to be held on November 7, 1967: FOR COUNCILMEN FOR THE TERM COMMENCING THE SECOND SECULAR DAY IN JANUARY 19% Gaylord M. Couchman—Nominated by Primary Election. Donald R. Meyers—Nominated by Primary Election. Eldon A. Pfohl—Nominated by Pri- mary Election. Richard V. Kausal—Nominated by Primary Flection, FOR PARK COMMISSIONER— REGULAR TERM Frederick R. Appel — Nominated by Petition. Russell J. Fuhrman — Nominated by Petition. FOR MUNICIPAL. COURT JUDGES Frank D. Gilloon Jr.—Nominated by Petition. Karl Kenline—Nominated by Peti. tion. FOR MUNICIPAL COURT CLERK George Schlegel — Nominated by Petition. Joseph A. Stieber — Nominated by Petition. FOR MUNICIPAL COURT BAILIFF Elmer D. Johanningmeier—Nomi- nated by Petition. I, Leo F. Frommelt, City Clerk of the City of Dubuque, Iowa, do here- by certify that on October 25, 1967, I publicly canvassed the returns of the MUNICIPAI. PRIMARY ELEC. TION, held on October 24, 1967 and find the following results: NOMINATED BY PRIMARY ELEC. TION FOR COUNCILMEN Gaylord M. Counchman.... 8123 votes Donald R. Meyers ............ 7525 votes Eldon A. Pfohl..................5454 votes Richard V. Kausal............ 4992 votes Total number votes cast 12162 votes Respectfully submitted, Leo F. Frommelt City Clerk Mayor Ludwig moved that the canvass be approved and received and made a matter of record. Sec. onded by Councilman Schultz. Car- ried by the following vote: Was — Mayor Ludwig, Coun cilmen Pregler, Schultz. Nays—None. PfAbsent — Councilmen McCauley, q4bqe.. • Ivan SPecial Session, October 25. 1967 525 VOTE OF MUNICIPAL PRIMARY ELECTION, OCTOBER 24, 1967, FOR COUNCILMEN Precincts Gaylord M. Richard V. Donald R. Thomas J. Eldon A. A103,slus L. Total COUCNMAN KAUSAL MEYERS MORF.LAND PFOHL WF.ITZ Votes Cast FIRST 1002 455 911 367 493 251 1361 SECOND 818 305 758 299 340 203 1064 THIRD 260 151 244 134 160 97 396 FOURTH 224 124 197 111 154 72 336 FIFTH 459 245 418 230 264 151 648 SIXTH 885 455 819 407 470 283 1233 SEVENTH 109 87 101 66 97 60 179 EIGHTH 290 154 222 141 150 102 353 NINTH 140 127 133 101 146 91 255 TENTH 405 2.17 392 223 2.59 278 612 ELEVENTH 686 526 619 511 597 349 1103 TWELFTH 205 199 197 171 221 143 382 THIRTEENTH 413 425 430 329 471 253 787 FOURTEENTH 568 424 538 348 443 280 905 FIFTEENTH 439 378 376 314 438 242 754 SIXTEENTH 1280 700 1170 676 751 436 1794 TOTAL 8123 4992 7525 4430 5454 3291 12162 There being no further business Mayor Ludwig moved to adjourn. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Mayor Ludwig, Council- men Pregler, Schultz. Nays—None. Absent — Councilmen McCauley, Pfohl. Leo F. Frommelt City Clerk Approved .1aY1 ary i5 1988. Adopted ... •TaII118r�. 15...1968. "OVI. . T.� t Regular Session, November 6, 1967 527 Board of Health OFFICIAL Regular Session, November 6, 1967. Board met at 7:15 P.M. (C.S.T.) Present—Chairman Richard Lud- wig, Messrs. McCauley, Pfohl, Preg- ler, Schultz Dr. Kenneth K. Hazlet. There being no transaction of business necessary Mr. Merlin F. Schultz moved to adjourn. Second- ed by Mr. Eldon A. Pfohl. Carried by the following vote: Yeas — Chairman Richard Lud- wig, Messrs. M. Sylvester McCau- ley, Eldon A. Pfohl, Walter A. Pregler, Merlin F. Schultz. Leo F. Frommelt, Clerk, Board of Health. ApprovedFebruary.7,968. Adopted F 9bruQr.'!...7.z.im. �c ......... A ai- Me yrs oard of Health. Atte. o ................... .............. Cler 13oard of Health. 212 Regular Session, November 8, 1987 CITY COUNCIL OFFICIAL Regular Session, November 6, 1967. Council met at 7:30 P.M. (C.S.T.) Present --Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. City Manager Gilbert D. Chav- enelle. Mayor Ludwig read the call and stated that service thereof had been duly made and this is the regular monthly meeting called for the purpose of acting upon such business as may properly come be. fore the meeting. Communication of Cooperative Extension Service, Iowa State Uni- versity, advising of a meeting to be held at Maquoketa, Iowa on Novem. ber 8, 1967, to discuss major local governmental problems, presented and read. Mayor Ludwig moved that the communication be received and filed. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Mayor Ludwig, Council. men McCauley, Pfohl, Pregler, Schultz. Nays—None. Communication of Dubuque In. dustrial Bureau submitting an ap. plication of land purchase by the Union Printing Company, for the purchase of Lot 1 of 2 of Block 19, Riverfront Sub. No. 3, Indus. trial Park being approximately 30,000 square feet at 20¢ per square foot, presented and read. Councilman Pfohl moved that the application be approved and refer. red to the City Manager and City Solicitor for proper proceedings. Seconded by Councilman McCauley. Carried by the following vote: Yeas — Mayor Ludwig, Council. men McCauley, Pfohl, Pregler, Schultz. Nays—None. October 31, 1967 To the Honorable Mayor and City Council Gentlemen: I herewith submit the monthly reports of the Health Department for the months of June, July, Aug, ust, and September, 1967. Respectfully, Gilbert D. Chavenelle, City Manager Councilman Pfohl moved that the reports be received and filed. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None. November 6, 1967 To the Honorable Mayor and City Council Gentlemen: This is to advise that 1 have ap- proved the following certificate of insurance, and desire to have your approval on same. COMPREHENSIVE LIABILITY Ed. Turnquist Company, Inc,, The Fidelity and Casualty Company of New York Respectfully, Gilbert D. Chavenelle, City Manager Mayor Ludwig moved that filing of certificate be approved subject to approval of the City Solicitor. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz, Nays—None. November 3, 1987 Honorable Mayor and City Council Members Gentlemen: On October 28th, the City Plan- ning and Zoning Commission held a Public Hearing on a proposal to reclassify from Single Family Resi- dence to Multiple Residence, prop- erty described as Lots 359 and 360, Lennox Addition. At the Public Hearing a petition opposing the re- zoning and bearing 80 signatures was received. Mr. Frank Thumser, 1720 Avalon Rd. and Mr. Robert Goeggi, 2855 Pennsylvania Ave., spoke in opposition to the proposal. Sixteen persons were present and indicated that they all opposed the rezoning. No one was present to speak in favor of the proposal. A map is attached which shows the location of the property in question and also shows the loca- tion of those persons living in close proximity to the site which object- ed to the change and also shows Regular Session, November 6, 1967 529 the location of undeveloped prop• erty inclose proximity. It was point- ed out at. the Public Hearing that: 1. If this area was changed from Single Family to Multi- ple Residence, it would be. es- tablishing a new district rath- er than extending an existing district. 2. That the property being con- sidered for rezoning is a part of Lennox Subdivision which was designed for Single Fam- ily Residences. 3. Each of the two lots in ques- tion, have a 50 ft. frontage and a depth of 110 ft. The com- bined area of the two lots would be 11.000 sq, ft. 4. The street right-of-way is 50 ft. which is normally consid- ered adequate only for a low density residential area. 5. The development plan for Du- buque, shows this area as a low density residential devel- opment. 6. There have been no signifi- cant changes in this area since the development plan was adopted and there is no appar- ent reason for the change in zoning classification. It is the recommendation of the Planning and Zoning Commission that Lots 359 and 360 of Lennox Addition remain in the Single Fam- ily classification. Respectfully submitted, City Planning and Zoning Commission Don Gilson Director of Planning Councilman Pregler moved that the recommendation of the Com- mission be approved. Seconded by Councilman Pfohl. Carried by the following vote: Yeas — Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. Nays—None. November 3, 1967 Honorable Mayor and City Council Members Gentlemen: The City Planning and Zoning Commission has reviewed a Peti- tion to have an alley vacated lying between St. Joseph and Marion Streets and running in a westerly direction from Meadow Lane. The petitions which were submitted )ear the signatures of all adjoining 3roperty owners. The Commission has found that :he alley is unimproved and is not being used as a public right-of-way and that there is no proposed use for the alley as a public right-of- way in the future. It is the recommendation of the Planning and Zoning Commission that the alley be vacated. Respectfully submitted, City Planning and Zoning Commission Don Gilson Director of Planning Councilman McCauley moved that the recommendation be ap- proved and referred to the Manag- er and City Solicitor for proper proceedings. Seconded by Coun- cilman Pfohl. Carried by the fol- lowing vote: Yeas — Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. Nays—None. November 3, 1987 Honorable Mayor and Council Members Gentlemen: The City Planning and Zoning Commission has reviewed a re- quest to have an alley vacated which lies west of Queen Street and runs in a southerly direction from Clinton Street. The alley in question is unim- proved and is not being used as a public right-of-way at this time. The Commission has found that there is no proposed use for this alley and have been informed the adjoining property owners that they do not object to the vacation of the alley. It is the recommendation of the Planning and Zoning Commission that this ad. lley pectfullytesubmitted, City Planning and Zoning Commission Don Gilson Director of Planning Councilman Pfohl moved that the recommendation be referred to the City Manager and City So- licitor for proper proceedings. Sec- onded by Councilman McCauley. Carried by the following vote: Yeas — Mayor Ludwig, Coun- cilmen McCauley, 111ohl, Pregler, Schultz. Nays—None. 5136 Regular Session, November 6, 1967 To The Honorable Mayor and Members of the City Council Gentlemen: In accordance with the provi- sions of Chapter 365 of the 1966 Code of Iowa, the Civil Service Commission conducted entrance ex. aminations on October 5, 1967, for persons seeking appointment to the Police Department. Six persons took the written ex- amination. Four of the six failed to pass the written test. Two passed the written test but failed to pass the physical examinations. We are therefore unable to cer- tify anyone for appointment to the Police Department of the group that took examinations on October 5, 1967. Respectfully submitted. Gerard B. Noonan Chairman LeRoy H. Giles Louis F. Fautsch Civil Service Commission Attest: Leo F. Frommelt Clerk Subscribed and sworn to before me this 31 day of October, 1967. Eugene J. Berens Notary Public Councilman Pregler moved that the communication be received and made a matter of record. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Preglcr, Schultz. Nays—None. November 1, 1967 Hon. Mayor & City Council Gentlemen: On May 26, 1967, Sharon Marie Hittenmiller filed claim against the City of Dubuque claiming dam- ages as a result of a fall at the northeast corner of the crosswalk at Eighth and Main Streets, alleg- ing a defect thereat. I have made an investigation of this claim and it is the recommen- dation of the City Attorney that said offer of settlement in the amount of $30.79 be accepted and that the City Auditor be instructed to draw a warrant payable to Carl Hittenmiller and Gertrude Hitten miller, natural parents of said minor and to deliver the same to the City Attorney's office for de- livery upon receipt of a signed Re- ceipt and Release. original claim is attached here- to. Respectfully submitted, R. N. Russo City Attorney Mayor Ludwig moved that the recommendation of the City Attor- ney be approved. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schuitz. Nays—None. Notice of Claim of Mrs. Agnes Baumhover, in an unspecified amount, for personal injuries re- ceived in a fall in the alley way on 15th Street between Washing- ton and Jackson Streets on Septem- ber 14, 1967, presented and read. Councilman Pfohl moved that the notice of claim be referred to the City Solicitor for investigation and report. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays — None. Notice of claim of Rosemary Beau, serviced thru the Sheriff's office, in an unnamed amount, for personal injuries received in a fall on Madison Street on September 16, 1967, presented and read. Coun- cilman Pfohl moved that the notice be referred to the City Solicitor for investigation and report. Sec- onded by Councilman Pregler. Car- ried by the following vote: Yeas — Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None. Notice of claim of Fred J. Sievers of 828 Althauser Ave., in the amount of $186.09, for expense in- curred as the result of a sewer back-up on 9-28, 10-9, 10-10, 1967, presented and read. Councilman Pfohl moved that the notice be referred to the City Solicitor for investigation and report. Seconded by Councilman Pregler. Carried by the following vote: Yeas -- Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None. w VOW...M Regular Session, November 6, 1967 531 Proof of Publication, certified to by the Publisher of notice of public hearing on Ordinance No. 47.67 so as to change certain real estate in Westchester Sub. from Single Family Residence to Local Business District "B" classifi- cation, presented and read. No written objections were filed and no oral objectors were present in the Council Chamber at the time set for the public hearing. Mayor Ludwig moved that the proof of Publication be received and filed. Seconded by Councilman Pfohl. Carried by the following vote: Yeas — Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays ---None. ORDINANCE NO. 47-67 An Ordinance amending and changing O>dinance No. 3.34 known as the Zoning Map and Zoning Ordinance of the City of Dubuque so as to change certain prooerty hereinafter described (Westchester Sub) from single family residence district classifi- cation to "Local Business "B" District classification, and repeal- ing Ordinance No. 33-67, said ordinance having been pre- viously presented and read at the Council meeting of September 25, 1967, presented for Final Adoption. ORDINANCE NO. 47.67 CFIANG N('INAOC�ED INANECNE01 NO. AND 3 4 ZQQKNOWN AS THE ZONING MA p AND IN CF.R7AINOpR�DJIN NCE OF THEHACNICEVE p�E UBEppRDPERTY SHEREINAFTE R RES D INCE DISLTRIUCS" C ASSIFIICA5 TR ICT O CLASSIf14ATIOSINN SS AND RIE - PEALING ORDINANCE NO. 3367. NO THEEEREFORE BE IT ORDAIN- CID7Y�OFTDUBUOTUECOLI N;IL OF THE Section I. That Ordinnnce No. 3-34 known as the Zoning Map.and Zoning duslness "B" District' Lint sinca non, IOliowing described real estate, to wit: That portion of Dana Drive abutting Lot 11, DIV. II, and Block Ill. West- chester Subdivision• lots 11, 12, 13,, and 1 BIOck I, Westchester Sub vlslonl, it 11, 11, Subdivision: oB13c`kck111' Westchester ddSVVbbbddd vision, art Lot 1 of the Sub- Soufheasf f 'v Lot Of 1 the lSoutheast the Section 21 Townshl0 It North, Range westerly o500h feet h thereof, except the be and IhOlserneals �erdrbvnrePeal@'d.33d) davaot November, 6197 approved this 6th RichardMayLudw/v9 Me Sylvester hgaltx auley Eldon A. Plot' W ConclA�(menrgler AlIC51: t 00 rOmmelt City Clerk HeraldltsheNdwsPpaperlvthls M10threa yaoof November 1967 Leo 0. Frommelt City Clerk. Councilman Pfohl moved final adoption of the Ordinance. Second- ed by Councilman Pregler. Car- ried by the following vote: Yeas — Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None. Proof of Publication, certified to by the Publisher, of notice of pub- lic hearing to consider proposal to dispose of interest in a portion of Ridge Road and all of Regis Court in Met1el-Link Addn. presented and read. No written objections were filed and no oral objectors were present in the Council Chamber at the time set for the public hearing. Councilman Pfohl moved that the proof of publication be received and filed. Seconded by Council- man McCauley. Carried by the following rote: Yeas — Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. Nays—None. ORDINANCE NO. 49-67 An Ordinance vacating a portion of Ridge Road described and known as Lot SA, Block 4, Met- tle -Link Addition in the City of Dubuque, Iowa, and vacating the Easements for public utilities, and vacating Regis Court, said ordinance having been pre- viously presented and read at the Council meeting of September 25, 1967, presented for final adoption. ORDINANCE NO. 49.67 AN ORDINANCE VACATING A POR. TION OF RIDGE ROAD DESCRIBED AND K OWN AS LOT 5A, BLOCK 4 CVT OFL DEUBUOUDE,I IOWA, ANDpVA AC I7 LITIES, AND VACATINGRREG 5 COURT. WHEREAS, Dubuque Community School District heretofore caused to be flied a Plat of the following described real estate, to wit: Lot 5, Block 4: Lots 1, 1, 3 4, 5, 6, nk Ad- dit on I In tthe City in Dubuai e, Iowa approved which Plat wps by the City Council of Dubuque, Iowa, and filed of record in the -office �vf OuubugPintsse3lColunty as s v, live shown bl In said Plat and w rsen� res veca�iontlofusaiitdleeasemenis; and to the 532 Bepilar Session, November 6, 1967 WHEREAS. the Plannlnppp and Zoning has approved the vacation of usaid Nre- spective streets and the vacation of the resp�tive easements as shown on plat here napove referred to; and WHEREAS, City Council of City of Dub quF Iowa, deems It In the best publYc Interest that the said respective streets be vacated and the easements set out in said plat be vacated as same n of Ridge known as Addition in be and the Court des - Lot 2A of lan be and to the city 01 wupuouc, ,u — r �uttilities as shown in lat. filed in look be andsthe3samegare2h rebyMvaacatedlFind the Mayor and CIt Clerk be and they to 'executeytheuQu t�ZCdlaim and awered coPy of which Is hereto attached, releasing Community School District, and the Clerk t. wnrnhv nrdprpd to publish notice as Attest: approved this 6th 1%7. In the Telegraph - this 10th day of Councilman Pregler moved final adoption of the Ordinance. Second- ed by Councilman Schultz. Carried by the following vote: Yeas — Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None. RESOLUTION NO. 35367 WHEREAS, pursuant to resolu- tion and published notice of time and place of hearing, published in the Telegraph -Herald, a newspaper of general circulation published in the City of Dubuque, Iowa, on Sep- tember 29, 1967, and October 6, 1967, City Council of Dubuque, Iowa, met on the 6th day of No- vember, 1967, at 7:30 o'clock P.M. (Central Standard Time) in the City Council Chamber in the City Hall, Dubuque, Iowa, to consider the proposal to vacate certain real estate at which hearing all inter- ested persons were afforded an opportunity to be heard for or against such proposal and which real estate is described as follows, to -wit: That portion of Ridge Road de- scribed and hereafter known as Lot 8A, Block 4, Mettel-Link Ad- dition, and all of Regis Court described and designated as Lot 2A of Block 8 in Mettel-Link Ad. dition, in the City of Dubuque, Iowa; and Whereas, City Council of Du- buque, Iowa, overruled any and all objections, oral or written, to the proposal to vacation of the inter- est of the City of Dubuque, Iowa, in the above described real estate to DUBUQUE COMMUNITY SCHOOL DISTRICT. NOW THEREFORE Be It Re- solved by the City Council of the City of Dubuque, Iowa: Section 1. That the disposal of the interest of City of Dubuque. Iowa in and to the following de- scribed real estate: That portion of Ridge Road de- scribed and hereafter known as Lot SA, Block 4, Mettel-Link Ad- diton, and all of Regis Court de- scribed and designated as Lot 2A of Block 8 in Mettel-Link Addition, in the City of Dubuque, Iowa, be and the same is hereby ap- proved and the said Dubuque Com- munity School District shall pay costs of publication. Section 2. That the Mayor and City Clerk are hereby authorized and directed to execute Quit Claim Deed of City of Dubuque, Iowa, conveying to Dubuque Community School District all of its rights, ti- tle and interest in and to the above described real estate. Section 3. That the City Clerk be and he is hereby authorized and directed to record a certified copy of this Resolution in the of- fice of the Dubuque County Re- corder and the Dubuque City As- sessor in and for Dubuque Coun- ty, Iowa. Passed, adopted and approved this 6th day of November, A.D., 1967. Richard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Schultz. Carried by the following vote: ah" Regular Session, November 6,196-1 533 Yeas — Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. Nays—None. October 30, 1967 Honorable Mayor and Members of the City Council Gentlemen: I recommend the change in the name of Rockdale Road from the north property line of Grandview Avenue northerly to a point 50 feet north of the north property line of Lot 2 of Lot 1 of Lot 1 of Mineral Lot 35 to South Grandview Heights. Respectfully, Gilbert D. Chavenelle City Manager Councilman Pregler moved that the communication be received and filed. Seconded by Mayor Ludwig. Carried by the following vote: Yeas — Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. Nays—None. ORDINANCE NO. 56-67 An Ordinance changing the name of a street within the City of Dubuque, Iowa, presented and read. Councilman Pfohl moved that the reading just had be considered the first reading of the Ordinance. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None. Councilman Pfohl moved that the rule requiring an Ordinance to be read on three separate days be waived. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Ludwig, Council- men McCauley, Pfohl, Pregler. Schultz. Nays—None. ordinance Ng. e y An ordinance changinflfl the n44eme of a streetwithinordained blyythe City ouncil of theCity pf DubUOUe lows. SECTION 1. That the following change In the name of a street within the City of Pubuoue be changed to become ef- fppect ve iQQro�m and after thePassageand bvblaw. hefnahme ofdlthenstreet shellrbe changed to read as follows, Rockdale Road frCom the north oro - erty line of Glantivlew Avenue North to a point So feet northerly of the LofthI of LoPellvofllnMineral oLot ]5 sg Ipllhtsbe called south Grandview SECTION Z. That uponssage a copy therecIf shaii be cerllfipaand flied with the County Recorder and Count bA�udlenlered of brecordClnntthe lrrecorderrs office in accordance with the law. Inandand sftect from sand alter Its final passage by the City Council and puPasssed n as Provided by apparoved this 6th day of November 1967. Richard Ludwig Mayor M. Sylvester McCauley erlln F. Schultz Idon A. Pfohl Walter A. Pregler ATTEST: Leo FmFrommelt ruoushVI officially in the Telegraph - Herald Newspaper this 6th day of November 1%7, �. Frommelt City Clerk. Councilman Pfohl moved final adoption of the Ordinance. Second- ed by Councilman Pregler. Carried by the following vote: Yeas — Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None. Petition of American Legion re- questing permission to hold a :Memorial Day service and parade on November 11, 1967, presented and read. Councilman Pfohl moved that the petition be referred to the Mayor and City Manager. Sec- onded by Councilman Pregler. Car- ried by the following vote: Yeas — Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None. Petition of Richard Construction Co. requesting permission to install boulevard type street lights in Glenwood Subdivision, presented and read. Councilman Pregler mov- ed that the petition be approved subject to approval of the City Manager and Electrical Inspector. Seconded by Councilman Pfohl. Carried by the following vote: Yeas — Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None. Petition of March of Dimes Com- mittee requesting permission to conduct the "Mothers March" dur- ing the week of January 22nd to 28th. 1967, presented and read. Councilman Pregler moved that the petition be referred to the Mayor and City Manager. Seconded by Councilman Pfohl. Carried by the following vote: Yeas — Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None. Petition of Ralph Berendes of 3055 Shiras requesting advice as to the restoration of the sod on his property which has been ruined by 534 Regular Session, November 6, 1WI placing heavy equipment on same by a construction company doing work for the telephone company, presented and read. Councilman Pfohl moved that the petition be referred to the City Manager. Sec- onded by Councilman McCauley. Carried by the following vote: Yeas — Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None. Petition of N.W. Bell Telephone Co. requesting permission to exca- vate at the main entrance to Eagle Point Park on Shiras Avenue, pre- sented and read. Councilman Pfohl moved that the petition be grant. ed. Seconded by Mayor Ludwig. Carried by the following vote: Yeas — Mayor Ludwig, council- men McCauley, Pfohl, Pregler, Schultz. Nays—None. Petition of St. Anthony Messeng- er requesting permission to have lay representatives call on Catho- lic homes in the area in search of subscriptions to their magazine, presented and read. Councilman Pfolil moved approval of the peti- tion subject: to approval of the Manager and City Solicitor. Second- ed by Councilman Schultz. Carried by the following vote: Yeas — Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None. Petition of Peoples Natural Gas requesting permission to excavate on Windsor street near Henry to replace service, presented and read. Councilman Pfohl moved that the petition be granted. Sec- onded by Mayor Ludwig. Carried by the following vote: Yeas — Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None. Petition of Peoples Natural Gas requesting permission to excavate in West Third Street to replace a leaking main, presented and read. Councilman Schultz moved that the petition be granted. Seconded by Councilman Pfohl. Carried by the following vote: Yeas — Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None, Petition of Fred Ansel request- ing a refund of $50. on the unex. pired portion of cigarette license No. 265, as he has discontinued business on October 26, 1967, pre. sented and read. Councilman Preg- ler moved that the refund be granted and the Auditor instructed to issue proper warrant. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays—None. Petition of Fred Ansel request- ing a refund of $100 on the un- expired portion of Class B Beer Permit No. 58, as he has discon- itnued business on October 26, 1967, presented and read. Coun- cilman Pregler moved that the re- fund be granted and the Auditor instructed to issue proper warrant. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. Nays—None. Petition of Dubuque Metal Trades Council requesting a re- fund of $50 on the unexpired por- tion of cigarette license No. 257, as they have discontinued business on November 1, 1967, presented and read. Councilman Pregler moved that the refund be granted and the Auditor instructed to is- sue proper warrant. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. Nays—None. Petition of Dubuque Metal Trades Council requesting a re- fund of $150 on the unexpired portion of Class B Beer permit No. 63, as they have discontinued business on November 1, 1967, pre- sented and read. Councilman Preg- ler moved that the refund be granted and the Auditor instruct- ed to issue proper warrant. Second- ed by Councilman Schultz. Carried by the following vote: Yeas — Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. Nays—None. Petition of Nelson Norwood re- questing a refund of $50 on the Regular Session, November 6, 1967 535 unexpired portion of cigarette li- cense No. 97, as he has discon- tinued business on November 3, 1967, presented and read. Council- man Pregler moved that the re- fund be granted and the Auditor instructed to issue proper warrant. Seconded by Councilman Schultz. Carried by the following vote: Yeas -- Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. Nays—None. Petition of Frances Gatton re- questing a refund of $50 on the unexpired portion of cigarette li- cense No. 263, as she has discon- tinued business on October 5, 1967, presented and read. Councilman Pregler moved that the refund be granted and the Auditor instructed to issue proper warrant. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. Nays—None. Petition of Gertrude A. Green. ough requesting a refund of $50 on the unexpired portion of cigarette license No. 15, as she has discon. tinued business on November 3, 1967, presented and read. Council- man Pregler moved that the refund be granted and the Auditor in- structed to issue proper warrant. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. Nays—None. Petition of Donald W. Schuster requesting a refund of $50 on the unexpired portion of cigarette li- cense No. 173, as he has discon- tinued business on October 31, 1967, presented and read. Council. man Pregler moved that the re- fund be granted and the Auditor instructed to issue proper warrant. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. Nays—None. Petition of Frincis A. Barrett requesting a refund of $50 on the unexpired portion of Class B beer permit No. 24, as he has discon• tinued business on November 4, 1967, presented and read. Council. man Pregler moved that the re- rund be granted and the Auditor instructed to issue proper warrant. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. Nays—None. Proofs of Publication, certified to by the Publishers, of notice of levy of special assessment and in- tention of the City Council to is- sue bonds to pay for construction of City of Dubuque 1967 Bitumi- nous Concrete Paving Project No. I on the following named streets: 1. Airport—Parking Lot and T - Hangar Apron. 2. North Algona—from the N.P. L. of University Avenue to the S.P.L. of Loras Boulevard. 3. Bennett Street—from the W. P.L. of Grandview Avenue to the E.P.L. of McCormick Street. 4. Eagle Point Park—Roadway. 5. Flora Park—Parking lot at Green Street and Bunkerhill Road. 6. Grace Street—from the E.P.L. of McCormick Street to the W.P. L. of Grandview Avenue. 7. Merz Street—from the E.P.L. of Windsor Avenue to the W.P.L. of Althauser Street. presented and read. Councilman Pfohl moved that the proof of pub- lication be received and filed. Sec- onded by Mayor Ludwig. Carried by the following vote: Yeas — Mayor Ludwig, Coun cilmen McCauley, Pfohl, Pregler, Schultz. Nays—None. Statement of City Clerk certify- ing that notices of levy were mailed by certified mail on Septem- ber 29, 1967, to property owners of record obligated to pay for cost of constructing City of Dubuque 1967 Bituminous Concrete Paving Project No. 1, presented and read. Councilman Pfohl moved that the statement be received and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. Nays—None. Statement of John R. Runde, a member of the Engineering De- partment, certifying that notices of levy were posted on October 11, 156 Regular Sessirnl, Novem1wr 6, lim—, 1967 in the assessable area of the City of Dubuque 1967 Bituminous Concrete Paving Project No. 1, presented and read. Councilman Pfohl moved that the statement be received and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas — Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. Nays—None. RESOLUTION NO. 354-67 Schedule of Assessments RESOLVED by the City Council of the City of Dubuque, Iowa: That to pay for the construction of CITY OF DUBUQUE 1967 BITUMINOUS CONCRETE PAVING PROJECT NO. 1 by TRI-STATE PAVING CO. contractor in front of and adjoin- ing the same, a special tax be and is hereby levied on the several lots, and parts of lots, and parcels of real estate all as named, situated and owned, and for the several amounts set opposite each lot or parcel of real estate, as set forth in the following schedule: CITY OF DUBUQUE 1967 BITUMINOUS CONCRETE PAVING PROJECT NO. 1 Assessable Amount City Share Total Cost Construction Cost ......................5`L5,887.17 524,513.64 550.400.81 10% Engineering Expense .... 2,588.72 2,451.36 5,040.08 5% Int./52 days 186.96 -0- 186.96 TOTAL........................................ $28,662.85 $26,965.00 $55.627.85 NORTH ALGONA—from N.P.L. of University Avenue to the S.P.L. of Loras Boulevard Elsie Marie Bradley, Lot 6-13, M.L. 172 ..............................................$117.01 University of Dubuque, Lot 2-2.1-1-2, M.L. 172 .................................. 6.80 Francis J. & Bernice M. Furlong, Lot N. 101-1-2-1.1-2, M.L. 172 ...... 9.45 Dorothy Arthofer, Lot S901-1-2-1-1-2, M.L. 172 .................................. 73.09 Francis J. & Bernice M. Furlong, Lot 2.2-1.2, M.L. 172 .................... 25.43 University of Dubuque, Lot 1-2-1-2, M.L. 172 .................................... 228.86 Francis J. & Bernice M. Furlong, Lot S40'-1.1-1-2, M.L. 172 .......... 137.45 Ruth M. Weker, Lot N40'-1-1-1-2, M.L, 172 ............................ 137.45 Charles R. & Pearl J. Justmann, Lot 1-2.2, M.L. 172 & 337 of WoodlawnPark.................................................................................. 236.89 Philip A. & Edna Ryan, Lot 2-2.2, M.L. 172 & 337 of Woodlawn Park...................................................................................................... 142.75 University of Dubuque, Lot 2-1, Sub. of Lots 30 & 31, Morheiser's Add.................................................................................................... 64.40 University of Dubuque, Lot W30'-2, Sub. of Lots 30 & 31, Mor- heiser's Add....................................................................................... 80.75 Evelyn & Mildred Donatsch, Lot E20'-2, Sub. of Lot 30 & 31, Mor- heiser's Add....................................................................................... 38.55 Evelyn & Mildred Donatsch, Lot W20'-3, Sub. of Lots 30 & 31, Mor- ................. .................................. ................... heiser's Add.... ...... .. 34.33 Pauline Kartman, Lot E40'43, Sub. of Lots 30 & 31, Morheiser's Add....................................................................................................... 53.71 University of Dubuque, Lot lh, Sub. of Lots 30 & 31, Morheiser's Add....................................................................................................... 20.79 University of Dubuque, Lot 1-15, Tschirgi & Schwinds Sub ............. 3.75 Edward M. & Marjorie Stumm, Lot S.W.%-17, Tshirgi & Schwinds Sub....................................................................................................... 124.57 George F. & Judith F. Meyer, Lot N.E.'-17, Tshirgi & Schwinds Sub....................................................................................................... 124.57 Edward M. & Marjorie Stumm, Lot 1-S.W.16.18, Tshirgi & SchwindsSub..................................................................................... 34.43 Edward M. & Marjorie Stumm, Lot 2-S.W.%-18, Tshirgi & SchwindsSub..................................................................................... 12.83 George F. & Judith F. Meyer, Lot N.E.1/e-18, Tshirgi & Schwinds Sub....................................................................................................... 47.25 Alvin R. Sawyer & Tiena M. Weber Sawyer, Lot 19, Tshirgi & SchwindsSub..................................................................................... 51.55 William H. & Suzanne M. Thul, Lot 24, Tshirgi & Schwinds Sub. 3.85 4111100•.. 11 Regular Session, November 6, 19fri 5.37 George W. & Mary Meyer, Lot 20, Tshirgi & Schwinds Sub........... 2%.82 Mary Meyer Imhoff, Lot 21, Tshirgi & Schwinds Sub ..................... 94.50 George W. Meyer, Lot 1-1.25 & 26, Tshirgi & Schwinds Sub........... 71.24 Arthur J. & Annabelle Meyer, Lot 2-1-25 & 26, Tshirgi & Schwinds 3.08 Sub................................................................ ....................................... 8.56 Arthur J. & Annabelle Meyer, Lot 2.25 & 26, Tshirgi & Schwinds 134.22 Sub....................................................................................................... 57.66 University of Dubuque, Lot 2-2.16, Tshirgi & Schwinds Sub........... 77.87 Edward & Marjorie Stumm, Lot 1-2-16, Tshirgi & Schwind's Sub..... 11.96 Edward & Marjorie Stumm, Lot 1.16, Tshirgi & Schwind's Sub....... 4.23 Edward & Marjorie Stumm, Vac. alley, Tshirgi & Schwind's Sub..... 61.20 $2,494.55 10 cu. yds. Excavation (Unclassified) ( $0.75 ................................$ 7.50 129.35 tons Bituminous Concrete -Binder Course 0i 7.45 .............. 963.66 83.60 tons Bituminous Concrete -Surface Cf 7.45 .............................. 622.82 60 gals. Tack Coat RC -70 0 0.20 ........................................................ 12.00 8 ton %" Stabilized Rolled Stone Base @ 2.25 .............................. 18.00 14 sq. yds. Concrete Removal @ 1.00 ................................................ 14.00 41 sq. yds. Concrete -Remove & Replace w/8" Concrete @ 15.00.... 615.00 TOTALCOST: ........................................................................$2,252.98 10% Engineering Expense .................................................... 225.30 5% Int./52 days...................................................................... 16.27 TOTAL ASSESSABLE COST: ..............................................$2,494.55 All of which is being assessed in proportion to the special benefits conferred. BENNETT STREET -from the W.P.L. of Grandview Avenue to the E.P.L. of McCormick Street Harry W. & Ima May Hansen, Lot 1-2.2-S'ri-10, Ann O'Hare's Sub. 1.33 Walter P. & Eliz. Schildman, Lot 2-2.2-S%-10, Ann O'Hare's Sub..... 10.21 Stephen Bennett, Lot 1.1.1-S%-10, Ann O'Hare's Sub ....................... 131.92 Stephen Bennett. Lot 2.2-1-S%-10, Ann O'Hvre's Sub ....................... 8.22 University of Dubuque, Lot 1-2-1-S%-10, Ann O'Hare's Sub ............. 21.78 University of Dubuque, Lot 2-1-1-Sl/s-10. Ann O'Hare's Sub........... 106.37 Alvin P. & Dorothy A. Haas, Lot S% -E57.82'-11, Ann O'Hare's Sub. 158.76 Lot SI/s E50' -W80 12'-11 Ann O'Hare's Sub. 137.29 University of Dubuque, I Thomas 11. & Mary J. Bell, Lot S100' -W30.12' -W.80.12'-11, Ann O'Hare's Sub....................................................................................... Thomas H. & Mary J. Bell, Lot S34' -N168' -W30.12' -W80.12'-11, 74.13 AnnO'Hare's Sub........................................................................... 8.56 University of Dubuque, Lot N9'-E50'-Safe-E56'-Wll8.06'-12, Ann 3.08 O'Hare's Sub. .................................... Lillian W. Ostrander, Lot S125'-E50'-S%.E56'.Wll8.06'-12, Ann .................................................................. . O'Hare's Sub . ................... University of Dubuque, Lot W6'-S%-E56'-W118.06'•l2, Ann 134.22 ................................................................................ O'Hare's Sub. ..... UniversityDubuque., Lot .,, 2. Ann 16.47 137.29 Mary J. Bell, rf S346N1681E19.88'•Iota12s Ann 5.66 ...... ............... O'Hare's Sub. ........................................... ...................... Thomas H. & Mary J. Bell, Jr, Lot S1o0'-E19.88'-12, Ann O'Hare s . 48.93 Sub................................................................................................... University of Dubuque, Lot N1409 -W12.069.12. Ann O'Hare's Sub..... O'liare's .49 Harry F. & Marloe E. Radloff, Lot S128%W12.06'•12, Ann . 34.09 Sub. ............................................. ..................................................... . Arnold E. Loetscher, Private Drive between Lot 2-2-1-29 & 1-2-1 19.69 29", Ann O'Hare's Sub ........................ ............................................. Harry F. & Marloe E. Radloff, Lot S1281 -E37.94'•13, Ann O'Hare's 102.66 Sub. .............. . . .. ............................................................................ N140' -E37.94'-13, Ann O'Hare's Sub..... 1.50 University of Dubuque, Lot Lot S% -E50' -W100.13, Ann O'Hare's Sub, 137.29 University of Dubuque, n O'iiare's Traut, Lot S'& -W50' -W100'-13, An Frank J. & Ethel L. ........ 137.29 Sub...............................................................,.............................. %bo... 538 Regular Session, November 6, 1967 Frederick A. & Edith A. White, Lot S%-1-14, Ann O'Hare's Sub..... 137.29 Wm. J. & Florence P. Melloy, Lot 2-1-2.14, Ann O'Hare's Sub......... 182.52 Westminister Pres. Church, Lot 1.1-2.14, Ann O'Hare's Sub........... 162.72 University of Dubuque, Lot 2.15, Ann O'Hare's Sub ......................... 139.07 University of Dubuque, Lot 1.2.1.15, Ann O'Hare's Sub ................... 89.17 University of Dubuque, Lot 2-2-1.15, Ann O'Hare's Sub ................... 20.85 University of Dubuque, Lot 1-1-1-15, Ann O'Hare's Sub ................... 355.35 University of Dubuque, Lot 2-1-1.15, Ann O'Hare's Sub ................... 32.59 University of Dubuque, Lot 1-1-16, Ann O'Hare's Sub ..................... 24.24 University of Dubuque, Lot 2-1-16, Ann O'Hare's Sub ..................... 40.86 University of Dubuque, Lot 1-2-16, Ann O'Hare's Sub ..................... 16.00 University of Dubuque, Lot 2.2-16, Ann O'Hare's Sub ..................... .32 University of Dubuque, Lot 1-1-17, Ann O'Hare's Sub ..................... 387.70 University of Dubuque, Lot 2-1-17, Ann O'Hare's Sub ..................... 2.49 University of Dubuque, Lot 1-2-17, Ann O'Hare's Sub ..................... 46.66 University of Dubuque, Lot 2.2.17, Ann O'Hare's Sub ..................... 1.65 University of Dubuque, Lot i-1-1 1 18, Ann O'Hare's Sub ............... 378.94 Robert P. & Marguerite C. Ohnesorge, Lot 1-7, Ann O'Hare's Sub. 126.28 Robert P. & Marguerite C. Ohnesorge, Lot 2-7, Ann O'Hare's Sub. 126.28 Stephen Bennett, Lot 3-7, Ann O'Hare's Sub ....................................... 126.28 Leone E. & Marie B. Mebl, Lot 2-1-1-24, Ann O'Hare's Sub ............. 143.86 Donald J. & Leta M. Feipel, Lot 2.1-24, Ann O'Hare's Sub 118.31 ............... Gilbert A. & Helen Bahl, Lot 2.24, Ann O'Hare's Sub ....................... 118.31 Gilbert A. & Helen Bahl, Lot W30' -N135'-25, Ann O'Hare's Sub....... 82.55 Arthur A. & Mildred WItherall, Lot 1 -E107.94' -N135'-25, Ann O'Hare's Sub....................................................................................... 148.41 Arthur C. & Isla Cochrane, Lot 2 -E107.94 -N135'-25, Ann O'Hare's Sub....................................................................................................... Dubuque County, Lot N9'-5201.5'-25, Ann O'Hare's Sub ................... 148.58 9.72 Albert & Juanita Witherall, Lot N201 -N167.5' -S192.51-5201.5'-25, AnnO'Hare's Sub............................................................................... 4.55 Emmett J. & Cleo E. Astgen, Lot E45' -E97111" -S%-4, Ann O'Hare's Sub.......................................................................... ..... ........................ Raymond C. & Ursula Jecklin, Lot W52'l1"-E97'11"-S% 4, Ann 123.55 O'Hare's Sub . ...................................................... ... Larry............................. & Flora C. Miller, Lot W40'.S%-4, Ann O'Hare's Sub........... 145.28 109.82 Ray Faust, Lot 2-29, Ann O'Hare's Sub ............................. 143.12 .............. Harlan F. Loibl, Lot 2-2.1-29, Ann O'Hare's Sub ............................... 123.06 Arnold E. Loetscher, Lot 1.2.1.29, Ann O'Hare's Sub ......................... 246.12 Franklin A. & Cora B. Ames, Lot 1-1.29, Ann O'Hare's Sub........... 64.02 Cletus T. & Dorothy Cox, Lot W53'-1, Bennett St. Sub ..................... 145.83 Robert P. & Sandra J. Buechele, Lot 2, Bennett St. Sub ................... Ralph H. & Irene Stoeckel, Lot 3, Bennett St. Sub ............................. 156.85 139.87 James R. & Rita M. Schlegel, Lot 4, Bennett St. Sub ......................... 137.58 Milton H. Ellwanger, Lot 5, Bennett St. Sub ....................................... Patrick J. & Gloriann Egan, Lot N%.I, Davis Sub 137.58 ............................ Alfred G. & Loretta S. Masers, Lot S%-1, Davis Sub ......................... Patrick J. & Gloriann Egan, Lot N%-2, 89.44 29.44 Davis Sub ............................. Alfred G. & Loretta S. Maiers, Lot S%-2, Davis Sub 89.44 ......................... James H. & Dorothy Lammers, Lot 3, Davis Sub 29,44 ............................... Kenneth J. & Viola Johnson, Lot 4, Davis Sub 118.88 ............... Ursula P. Kaune Davis Sub 118.88 ............•.....•• ......................................................... John A. & Helen M. Brune, Lot 6, Davis Sub 118.88 ....................................... R. C. Briggs, Lot 7, Davis Sub 118.88 ................... . Charles & Alice Locher, Lot 8, Davis Sub ........................................... Frank W. & Delia E. Jaeggi, Lot 9, Davis Sub 118.88 ..................................... Harry W. &Ina May Hansen, Lot 1-1-6, Hantlemans Sub 118.88 ................. Walter F. & Eliz. Schildman, Lot 1.2-1-6, Hantlemans Sub 103.81 ............... University of Dubuque, Lot 2.2.1-6, Hantlemans Sub 31.82 ......................... Harry W. &Ina May Hansen, Lot i -W45'-7, 37 Hantlemans Sub........... Walter F. & Eliz. Schildman, Lot 1-2-W45'-7, Hantlemans Sub....... 97.22 David T. & Connie L. Close, l.ot 2-2-W45'-7, Hantlemans Sub....... 26.04 Stephen & Minnie Bennett, Lot E10'-7, Hantlemans Sub .30 . .............. Stephen & Minnie Bennett, Lot W45'.8, Hantlemans Sub. 27.47 ............. 123.55