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1969 May Council Proceedings 174 Special Session, April 18, 1969 adjourn. Seconded by Mayor Preg- ler. Carried by the following vote: Yeas-Mayor Pregler, Council- men Couchman, Meyers, Schultz. Nays-None. Absent-Councilman McCauley. Leo F. Frommelt City Clerk Approved ....................................1969. Adopted ......................................1969. ...-..........-....-..........-............................................- .............................................--........... ...-........--..-............-..-....-.........................-.......... """-"-"'--"""""""""""""coWïëï¡;;;ëñ"""'".. Attest: """""""""""""ë¡ïÿ"'ëï~;k"" Regular $esSIDn, May 5, 1969 175 CITY COUNCIL OFFICIAL Regøtar Session, May 5, 1~9. Council met at 7'30 P.M. (D.S.T.) Present_ayor Pregler, Coon- cHmen Couchman, Meyers, Schultz. City Man_r Gifbert D. Chave- ne1fe. Absent-Councifman McCauley. Mayor Pregler read the call and sUIted that servJce thereof had been duly made and this is the r"luJar monthly meeting of the City Council calle" for tne purpose of acthlg upon such business as may properly come before the meeting. PROCJ..AMATION of Walter A. Pregler Mayor of the City of Dubuque,lowa WHEREAS, effective the 18th .day of April 1969, at 6:00 P.M., Woller A. Pregler, li4ayor of the City of Dubuque, Iowa, issued a P.ROCLAMATION proclaiming that the City of Dubuque shall he gov- uned by "PROCLAMATION" of the li4ayor during the state of pub- lic danger or emergency resulting from flood waters of the Missis- sippi River threatening tbe healtb, safety and welfare of the inbabi- tants of the City of Dubuque, Iowa, and further proclaiming such gov- eoment by PROCLAMATION of the Mayor continue until such time :~c~n P~bli~u~~:e~t ~: ~r':~~; I no longer exists; and WHEREAS, in my judgment as Mayor of the City 01 Dubuque, Iowa, a state of public danger or emergency no longer exists. NOW THEREFORE BY VIRTUE OF THE POWERS VESTED IN TIŒ MAYOR BY THE LAWS OF THE STATE OF IOWA, 1, WAL- TEa A. PREGLER, MAYOR OF 'ŒIE CITY OF DUBU(ìUE, IOWA, DO HEREBY DECLARE AND PRO- CLJUM .AS FOLLOWS: SocNaa I. That in my judgment there II. longer exists a public ~:':r:u:Ue~:~r:s~of ~~ I f1œdwateDI of the Mississippi Kiver threatening the health, safety Jmd welfare of the inhabitants of 1I1e CiI!y fill Du!ow¡ue, Iowa. Section 2. That effective at 7:30 P.M. on the 5th day of May, 1969, Central Daylight Saving Time, that the¡¡ovemmenl of the City of Du- buqlœ, Iowa, by PROCLAMATION of the Mayor be and the same is hereby terminated. IN WITNESS WHEREOF I have herermto affixed my signature and "a""ed the seal of the City of Du- buque to be affixed thereto on this 5th day of May, 1969. Walter A. Pregler Mayor, City of Dubuque, Iowa Attest: Leo F. Frommelt, City Clerk Councilman Schultz moved that the Proclamation be made a matter of record. Seconded by Conncilman Meyers. Carried 'hy the following vote: Yeas-Mayor Pregler, Council- men Couchman, Meyers, Schultz. Nays-None. Absent-Councilman McCauley. IOWA STATE DEPARTMENT OF HEALTII Environmental Engineering Service P. J. Houser, M.S, P.E., Chief 28 April 1969 Leo F. Frommelt CiJty Clerk Attention: Honorable Mayor and Council N1>tioe "iIi9-21-W Test Wells, Piezometer Holes, OII1d ¡'"stWell.. I.Pump ImtaJIation Ðubuque, Iowa Gentlemen: We are hereby approving the Banltary and functional featores for the above noted project. We are retaining one copy of the approved specifications for the files of this Department and for- warding one to our Regional Office for their information. The pJans and specifications were submitted to Us by the Henningson, Durham & Richardson, Inc., of Omaha, Ne- braska in conjunction with Cullen- Schiltz & Associates of Dubuque for Our review and approval. Very truly yours, P. 1. HouSOJ:, Chief cc: Henningson, Durham '" Richardson, Inc., Omaha, Nebraska Regional Office No.1, ISDH Councilman Meyers moved that the communication be receive. ..d 176 Regular Session, May 5, 1969 made a matter of record. Seconded I hy Councilman Couchman. Carried by the following vote: Yeas-Mayor Pregler, Council- men Couchman, Meyers, Schultz! Nays-None. Absent-Councilman McCauley. Communication of Alfred E. Hughes, Attorney, addressed to Gent Wittenberg, Department of Urban B.enewal, advising that his client that showed interest in the purchase of urban renewal land has made other arrangements to seek land outside the Urban reo newal area due to the fact that no response had been forthcoming as of April 23, 1969, correspondence presented and read. Mayor Pregler moved that the communication be received and filed. Seconded by Councilman Schultz. Carried by the following vote: Yeas-Mayor Pregler, Council- men Couchman, Meyers, Schultz. Nays-None. Absent-Councilman McCauley. April 16, 1969 To the Honorable Mayor and Members of the City Council Gentlemen: Please be informed that the Commission has complied with the City Manager's request under date of March 11, 1969, to arrange for a Civil Service Examination for the position of Electrical Inspector 1. The examination was set for April 16, 1969. The usual newspa. per publication and advertisement on radio and various other contacts were made in the hope of finding someone who would take the ex- amination and be able to qualify for the position. We are sorry to report that no applicants were available at the time set for the examination of April 16, 1969. Respectfully submitted, Lanis F. Fautsch Chairman Gerard B. Noonan LeRoy H. Giles Civil Service Commission Attest: Leo F. Frommelt Clerk Councilman Meyers moved that the communication be received and made a matter of record. Second- ed by Councilman Schultz. carried by the following vote: Yeas-Mayor Pregler, Council- men Couchman, Meyers, Schultz. Nays-None. Absent-Councilman McCauley. April 15, 1969 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 9, 1966 for memhers of the Police Department for Captain and Sergeant-Detective. The following is a list of police- men who passed the written exami. nations with an average of Seventy per-cent or hetter. CAPTAINS Rettenmeier, Thos. R. 73.5% Sutton, Paul R 71.2% SERGEANT-DETECTIVE Horch, Navall T. Sr. 78.0% Hynes, James C. 76.5% Lambert, Terrance F. 75.0% Lindauer, Edwin L. 74.5% Golinvaux, Cletus J. 74.0% Koerperick, Ronald L. 74.0% Lehman, Eugene J. 71.5% Link, Kenneth J. 70.5% All Promotions on the Police De- partment should he made from this list. Respectfully suhmitted. Louis F. Fautsch Chairman Gerard B. Noonan Civil Service Commission Attest: Leo F. Frommelt Clerk Subscribed and sworn to before me this 15th day of April 1969. Eugene J. Berens Notary Public Mayor Pregler moved that the communication be received and made a matter of record. Seconded by Councilman Schultz. Carried by the following vote: Yeas-Mayor Pregler, Council- men Couchman, Meyers, Schultz. Nays-None. Absent-Councilman McCauley. May 2, 1969 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- Regular Session, May 5, 1969 aminations on April 2, 1969, for those seeking positions on the Police Department. The following named persons have passed both the written and physical examinations and are hereby certified for appointment to the Police Deparlment. Feltes, John J. 81 % Winter, Rohert H. 81% LaPrell, Melvin J. 72% B.espectfUlly suhmitted, Louis F. Fautsch Chairman Gerard B. Noonan Civil Service Commission I Attest: Leo F. Frommelt Clerk Subscribed and SWorn to before me this 2 day of li4ay 1969. Harry M. Funk Notary Public Mayor Pregler moved that the communication be received and made a matter of record. Seconded by Councilman Schultz. Carried by the following vote: Yeas-Mayor Pregler, Council- men Couchman, Meyers, Schultz. Nays-None. Absent-Councilman McCauley. May 2,1969 r;.~b.~O~~~I~i:at~~~~~ i 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 April 2, 1969, for those seeking positions on the Fire Deparlment. The following named person has passed both the written and physi- cal examination and is hereby cer- tified for appointment to the Fire Deparlment. Peter, Gerald A. 87.5% B.espectfully submitted, Louis F. Fautsch Chairman Gerard B. Noonan Civil Service Commission Attest: Leo F. Frommelt Clerk Subscrihed and sworn to before me this 2 day of May 1969. Harry M. Funk Notary Public Mayor Pregler moved that the communication be received and made a matter of record. Seconded 177 by Councilman Schultz. Carried by the following vote: Yeas-Mayor Pregler, Council- men Couchman, Meyers, Schultz. Nays-None. Absent-Councilman McCauley. May 5,1969 To the Honorable Mayor and Memhers 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 16, 1969 for members of the FffiE De- partment and submit the following list of those who have passed the examinations with an average of 70% or better. CAPTAINS NONE LIEUTENANTS NONE EQUIPMENT OPERATORS Steil, Gerald J. 82.7 % Steinberg, Edward 80.9 % Lampers, John 79.09% Coleman, Edward A. 76.3 % Maroney, Daryl L. 71.8 % Roepsch, Richard 70.0 % FIRE MARSHAL NONE All promotions on the FIRE Department should be made from this list. Respectfully submitted, Louis F. Fautsch Chairman Gerard B. Noonan LeRoy H. Giles Civil Service Commission Attest: Leo F- Frommelt Clerk Subscribed and sworn to before me this 5th day of May 1969. Violet Savary Notary Public Mayor Pregler moved that the communication be received and made a matter of record. Seconded by Councilman Schultz. Carried by the following vote: Yeas-Mayor Pregler, Council- men Couchman, Meyers, Schultz. Nays-None. Absent-Councilman McCauley. April 23, 1969 Honorable Mayor and Members of the Dubuque City Council Gentlemen: On behalf of the citizens of Du- buque, the Citizens Advisory Com. 178 Regular Session, May 5, 1969 """siD.. wishes to extend eongratu- (6) TtIen: lations and sincere thanks to the $11,1M.84; -7- 2500.9 L. F. l\ú;¡ror, City Council, City Manager, = $4.44 which wonId he. the Engineuing Department. all other per Iront foot hook-up charge departments and city employees, Richard H. LeMay for the outstanding job they have Bartels, _hall & Jí,eKa¡I _e in controlling the present Engineering Co. flood. Phillip A. Powors The excellent planning and em- State of Iowa 1 cient preparations make it easy to i IS: forget that we are experieneing County of Dubuque J' - of the worst floods ìn our city's On 1IIIis 16th day of April, A. D., -01')1. Only when we recall the. 1969 before me a Notary Pablc in dewstating results of lesser floo~s and for Dubuque Coomty, Iowa, in the early 1950's. can we begIn personally appeared Richard H. to app"eciate the tremendous hard. I LeMay .... PhiIlip A. Powers to me ships averted by their countless known to be the identical persons bolUS of hare! work and their named in and ",110 executed the dedi<:alti<m. foregoing instrument, and: ad:uowl- You can certainly he proud of edget\ that they exeeuted the same a most difficult job well done. as their wluntary act and deed. Respectfully yours, Robert M. Haas DUBUQUE CITIZENS ADVISORY Notary PubHcìn and for COMMISSION said CQllnty Douald L. Klauer My commission ex:pkes Puhlic Relations Chairmatt Jub 4 1.969 CouBCilma.n ~chultz mo~ed that Mayor pre¡¡Ìer m<>veð u.at the the c_mumcabon be received and certificate be received and made made a matter of record. Seconded a mattu of record. Seconded by 1:>jI Mayor Pregler. Carried by the C<>wcilman Scl>ulu. Carried by fÐlluwing vote: . the following vote: Yeas-Mayor Pregler, C....nell- Yeas-Mayor Proger, Council- men Couchman, Meyers, Schultz. men Couchman, Meyers, Schultz. ~s-None. . Nays-None. Absont-Councllman McCauley. Absent~Councilman MCCauley. Mr. John White Apri116,H1II9 May 1, 1969 City Engineer Honorable Mayor Dear John: and CoomciI Memhers The following is a fist ?f costs ~eD: and compulati?n concernmg th~ The City Pta-g and Zoning PhIl Powers-HIllcrest Road sam- cOm' 'on Ita« heM a public tar¡< sewer recently completed: hea.:"u~on the foIlowiftg proposal: (1) For 2002 L. F. of sewer $11,- . . 175.08 or $5,58185 per foot To !eClaSSlf~ from Multiple contract cost. FamIly t<> Smg!e Family, I~s (2') F.". City Inspeetion Cost on 1 of 3, 2 of 3, and :J of :J In Phil Powers 1667 feet of sewer Block" ami lots 1 - 2 lD = $481.39 or $0.288'1'76 per foot ~ock 5 and ~ 2 tlwoøgh 11 contract cost lD Bl.o~k. 6, all lD Westeftester P} For Engineering Cost on 2002 SubdiVIsIon. L. F. of sewer $1,58:1.27 or ~o iIldude ill Article- IV, Se~- $0 791)844 per foot engineering tion 2(h) of the Multiple ReS!. co~ dence District ~Iati""s, lots Total $6 66157 per foot cost 3, 4, 5, of BIoet: 5 in Westches- both sid~s of street ter Suhdivisimr (tbis wøuld in- (4) powers sewer is 1667' long, elude. professional offices as a therefore 1667 x $6.88157 - pernutted use 00 tiles" lots). $11,104.84 overall cost This property is located on the (5} Assessable Frontage: west side of KelRlCdy Road and On Hillcrest in ahuts Foothill Road. TIte area con-- Powers Property 1727 L. F. sists of 18 lots. Of th...., seven Lot a, Block 22, are occupied by smgle family resi. "K e y K noli s dences, three are ea:upied by four Sub." 773.9 L.F. ani! ~t hollIeS and eight Total 25110.9 L. F. am _l Regular Session, May 5, 1969 The Commission has studied sev- e",,! proposals. for zoning of this llI'ea. The Commission reviewed a request to have lots 3, 4, 5 in -Block 5 included in the profession- al office provisions of the Zoning Ordinance. Residents of the area appeared before the Commission and stated strong objections to this request. On January 9th the Commission sent a recommenda- tion to the Council that it not be approveci This recommendation was concurred in by the Council. The Commission then considered a request from the residents to have all the property in this area reclassified from Multiple Resi- dence to Single Family Residence. The Commission had a hearing on ~:~r~~~oS~~t~~d :~e a ~:~:~~ I recommended the request 00 ap- proved. Following this the residents of the area changed their request after learning that building per- mits for four-unit apartments had been taken out for all of the vacant lots and that the permits would he valid even if the zoning was changed. They then submitted a new request which was a ne- gotiated agreement between them- selves and the owners of the vacant lots and holder of the build- ing permits. In this request they asked that the original request for professional office classification of the three lots at the comer of Kennedy Road and Foothill be reconsidered and approved. They also ask that the other lots be classified Single Family. They stated that the holder of the build- ing permits had agreed to give up some of the multiple residence permits if his original request to have the three lots at the corner of Kennedy Road and Foothill in-- cluded in the professional office provision, was approved. The Commission then held a hearing on this proposal. In giv- ing consideration to it the primary concern of the Commission was whether or not an appropriate use of the three lots at the corner of Foothill and Kennedy Road would include professional offices. It was the opinion of the Com- mission that the situation at this corner was no different than the situation at many similar corners along KeDDi!Ùy Road and that it 179 would not he appropriate to per- mit professional office buildings 011 each of the corners. For this reason it was the opinion of the Commission that it was not ap- propriate to permit an office build. ing on this particular corner. It is the recommendation of the Planning and Zoning Commission that this proposal not be approved and that the recommendation that was submitted to the Council by letter, dated February 14th, be reconsidered by the Council. Respectfully submitted, PLANNING AND ZONING COMMISSION Don Gilson City Planner Councilman Schultz moved that the recommendation of the Plan- ning & Zoning Commission be overruled. Seconded by Council- man Meyers. Carried by the fol- lowing vote: Yeas - Councilman Couchman, Meyers, Schultz. Nays-Mayor Pregler. Absent-Councilman McCauley. Mayor Pregler moved that the rules be suspended in order to let anyone present address the Council if they so desire. Seconded by Councilman Schultz. Carried by the following vote: Yeas-Mayor Pregler, Council- men Couchman, Meyers, Schultz. Nays-None. Absent-Councilman McCauley. Attorney Robert Bertsch ad- dressed the Council as a repre- sentative of five residential own- ers in the area objecting to the recommendation of the Planning & Zoning Commission. The area was rezoned to Multiple while five locations were under single fam- ily construction. All property own- ers seemed to have agreed that hecause of the traffic that has been generated in the area, they would prefer to have three lots remaining rezoned for professional use, Mr. Parker, Hein, Kitchen, Weber, Kincannon stated that they would much prefer an office build. ing at Keunedy and Foothill Road and not have it returned to a single family district. Attorney Hal Reynolds addressed the Council as a representative of Westchester Inc. requesting that Lots 3, 4, and 5 be rezoned to office use or alternate except en- tire area as single family. Both jJ that it would permit a logical ex- tension of commercial develop- ment in the downtown area at the present time. It is the recommendation of the Planning and Zoning Commission that this proposal be approved. Respectfully submitted, PLANNING AND ZONING COMMISSION Don Gilson City Planner Mayor Pregler moved that action on the recommendation be de- ferred until the first meeting in July. Seconded hy Councilman Schultz. Carried by the following vote: Yeas-Mayor Pregler, Council- men Couchman, Meyers, Schultz. Nays-None. Absent-Councilman McCauley. Mayor Pregler moved that the rules be suspended in order to let anyone present address tbe Coun- cil if they so desire. Seconded by Councilman Schultz. Carried by the following vote: Yeas-Mayor Pregler, Council- men Couchman. Meyers, Schultz. Nays-None. Absent-Councilman McCauley. Mr. Paul Rossiter, architect now at 455 Main St., presently in the Urban Renewal area being readied for demolition wants a place to move to, outside the Urban re- newal area, along with a res- taurant and a cocktail lounge. The property un d e r consid- eration for rezoning is owned hy Mr. Anthony Rhomberg and is between 4th and 6th, Locust and Bluff. However in the spirit of not disrupting too many people and causing undue hardship on the city summer program in the area he would be agreeable to postponement of action at tbis time. Mrs. Caroline Wolf and a group of Do-It-Yourselfers stated that the rezoning would result in the eviction of her own family and five other families. It would destroy the Do It Yourself pro- gram which leases an apartment in the building to house volunteer college students who work with children for their room and board ouly, during the summer months. She pleaded for more time for hoth the summer program and the low income families, especially the Paul Perry family with tlQrteen Regular Session, May 5, 1969 181 children, who presently occupy Yeas - Mayor Pregler, Council- the premises. men Couchman, Meyers. Rev. Ede of Loras College re- Nays - Councilman Schultz. quested a delay of action by the Asent - Councilman McCauley. Council because over two hundred Communication of Gregory S. students are working in this pro- Francois requesting to be heard at gram. the meeting of May 5th on the May 1, 1969 subject of rezoning Woods and Honorable Mayor and McGrath Subdivisions. Councilman Council Members Meyers moved that the communica- Gentlemen: tion be received and filed. Second- The City Planning and Zoning ed by Councilman Couchman. Car- Commission has held a public hear- ried by the following vote: ing on a pr~posal to .reclassify Yeas - Mayor Pregler, Council- from Two FamIly to MultIple r:am- men Couchman, Meyers, Schultz. ily ResIdence, property descnbed Nays - None. as: Absent - Councilman McCauley. Lots 34, 35, 36, 83, 84 and lots Mr. Francois yielded to Attor- 90 through 98 all in A. P. ney Van Etten. Woods Subdivision, lot 1, and Petition of Harold Conzett et al lot 2 .of lot 2 in McGrath's (39 signatures) objecting to the pro- SUbdIvIsIon and the westerly posed rezoning of lots in A. P. 76 feet of Lot 1, and lot 2 Woods Addn., McGrath Subdivision of Kirkwood Place. and Kirkwood Place, presented and This property consists of 16 va- read. Councilman Meyers moved cant lots and 3 residential struc- that the petition be received and tures. Several of the vacant lots filed. Seconded by Councilman are a part of an inactive stone Coucbman. Carried by the follow- quarry. ing vote: Access to the presently undevel- Yeas - Mayor Pregler, Council- oped area is from Blake Street- men Couchman, Meyers, Schultz. "':' unimproved street intersecting Nays - None. WIth Kirkwood Street. Absent - Councilman McCauley. In viewing the area the Com- mission found that because of the May 2 1969 steep topography and soil condi- To the Mayor ' tion that development for single and City Council family or two family structures Gentlemen: would he difficult. Portions of the I, Dale Wernecke, the OWner of streets that are .platted .but Impr~v. Lots 34 through 36, 83, 84 and 90 ed would be Impractical to Im- through 98 of Woods Addition near prove because of the steep grades. Kirkwood and Blake Streets here- It was the opinio.n of the. Com- by propose, if this area is r~zoned mission that MultIple ResIdence to a multiple family district to development of this area would furnish all improvements in Blake permit a proper and efficient use Street required by the City Engi- of the land. neer, including grading, water, It is the recommendation of the sewer, sidewalks, curb and gutter Planning and Zoning Commission and paving. I wili assume all the that the area described above be costs of these improvements so reclassified from Two Family Resi- that other property owners in the dence to Multiple Family Resi- area will be freed from paying any dence on the Zoning Map. part of the improvements neces- Respectfully submitted, sary for the proposed 40 apartment PLANNING AND ZONING project, I will, also, furnish a bond COMISSION covering the completion of these Don Gilson, improvements. City Planner Respectfully submitted, Mayor Pregler moved that the Dale Wernecke communication be referred to next Councilman Meyers moved that week's meeting, scheduled for May the communication be received and 12th. Seconded hy Councilman filed. Seconded by Councilman Meyers. Carried by the foliowing Couchman. Carried by the follow- vote: ing vote: 180 Regular Session, May 5, 1969 have been deuied by the Planning & Zouing Commission. It dates back to March 17, 1967 as Single family classification and now it is all Multiple Family, and he re- quested a rectification of the mis- take. From now on no more Mul- tiple residence classification in the area. Mayor Pregler moved that the rules he re-imposed. Seconded by Councilman Schultz. Carried by the following vote: Yeas-Mayor Pregler, Council- men Couchman, Meyers, Schultz. Nays-None. Absent-Councilman McCauley. Councilman Schultz moved that the communication of Planning & Zoning Commission be referred to the City Attorney for proper pro- ceedings to rezone the area pur- suant to stipulation of petitioners. Seconded by Councilman Meyers. Carried by the following vote: Yeas-Mayor Pregler, Council- man Couchman, Meyers, Schultz. Nays-None, Absent-Councilman McCauley. May 1, 1969 Honorable Mayor and Council Members Gentlemen: The City Planning and Zoning Commission has held a public hearing on a proposal to reclassify I from Multiple Residence to Bus- iness District, property described as: City lots 101 through 108 and all of City lots 137 through 140. This includes property in the Block bounded by Fifth Street on the south, Bluff Street on the west, Sixth Street on the north and Locust Street on the east, and is referred to as Tract "A", and the half block bounded by Locust Street on the east, Fourth Street on the south, the alley between Bluff and Locust on the west and Fifth Street on the north, and is referred to as Tract "B". Tract "A" is occupied by a fill- ing station, the Federal Building and a rooming house. Tract "B" is occupied by a fill- ing station and repair garage and six residential structures. It was the opinion of the Com- mission that this was in accord with the General Development Plan for the City of Dubuque and --~~ .J ""'" 182 Yeas - Mayor Pregler, Cøuncil- men Coucbman, Meyers, Schultz. Nays-None. Absent-Councilman McCauley. Attorney Arnold VanEtten, rep- resenting the objecting property owners, to the proposed rezoning of property off Blake Street in A. P. Woods Sub., McGraths Sub., and Kirkwood Place, stated that his clients would suffer a lessen- ing in value of their properties despite Mr. Wernecke's offer to pay for the improving of Blake Street, and requested a denial of the Planning & Zoning Recom- mendation. Mr. Greg Francois stated that according to the pro- posal it shows that his property is being rezoned without proper notice. Attorney Wm. Fuerste, repre- senting Mr. Wernecke, stated that his client proposes to spend $400,000 in the area plus paying for the installation of the sewer, paving etc. of Blake street. The present plan calls for the construc- tio~/fH~~::;~ ~':,'~iet~n~~s'895 Kirk- I wood objected to the rezoning and was under the impression that the property was bought real cheap. Mr. Van Etten in rebuttal to Mr. Fuerste stated that this probably would only he the beginning and the area would keep on growing by lending itself to the construc- tion of more units. Mr. Paul Rossiter architect stated however that the proposed complex only covers eighty-two thousand square feet and at two thousand square feet per apart- ment, which is a code require- ment, you could only build forty one units. The area proposed for construction is the only level prop- erty and therefore is restricting itself to the construction of only forty-one units. Mayor Pregler moved that the rules be re-imposed. Seconded by Councilman Meyers. Carried hy the following vote: Yeas - Mayor Pregler, Council- men Couchman, Meyers, Schultz. Nays-None. Absent-Councilman McCauley. Communication of Mayor's In- dustrial Commission of the Du- buque Industrial Bureau, recom- mending sale of Lot 2 of Lot 1 Block 6, River Front Sub. #3 to Regular Session, May 5, 1969 W. S. Sheppley & Co., presented and read. Councilman Schultz moved that the communication be referred to the City Solicitor for proper proceedings. Seconded hy Councilman Meyers. Carried by the following vote: Yeas - Mayor Pregler, Council- men Couchman, Meyers, Schultz. Nays-None. Absent-Councilman McCauley. April 22, 1969 To the Honorable Mayor and City Council Gentlemen: We have received a request from Mrs. Billington, 492 Hayden Lane, for an additional street light on Hayden Lane. The electrical illspector reports that Hayden Lane is approximately 250 feet long with a 4000 incandes- cent light located about half way which is shielded by interfering tree branches. The electrical inspector has re- quested the Park Department to trim back the interfering tree limbs and recommends that a 250 watt mercury vapor light be sub- stituted for the present incandes- cent light. It is expected that the new light fixture will give a much hetter light spread. Respectfully, Gilbert D. Chavenelle City Manager Councilman Couchman moved that the recommendation of the City Manager he approved. Sec- onded by Mayor Pregler. Carried by the following vote: Yeas-Mayor Pregler, Council- men Cøuchman, Meyers, Schultz. Nays-None. Absent-Councilman McCauley. April 25, 1969 To the Honorable li4ayor and City Council Gentlemen: I herewith submit the reports of the City Treasurer, Water Depart- ment ,and City Auditor, as well as a list of claims for which warrants were drawn, for the month of March, 1969. Respectfully, Gilehrt D. Chavenelle City Manager Mayor Pregler moved that the reports be received and filed. Sec- onded byCo\tDcilman Couchman. Carried by the following vote: Regular Session, May 5, 1969 183 Yeas - Mayor Pregler, Council- men Couchman, Meyers, Schultz. Nays-None. Absent-Councilman Couchman, Proof of Publication, certified to by the Publisher, of Statement of Receipts and a list of claims for which warrants were issued dur- ing March 1969, presented and read. Councilman Meyers moved that the proof of publication be re- ceived and filed. Seconded by Ma- yor Pregler. Carried by the fol- lowing vote: Yeas - Mayor Pregler, Council- men Couchman, Meyers, Schultz. Nays-None. Absent-councilmanM~;c£u~"9ii9 I The Honorable Mayor and City Council Gentlemen: This is to advise that I have ap- proved the following bonds and policies, and desire to have your approval on same. COMPREHENSIVE LIABILITY Dubuque Tot Lot Association Inc., U. S. Fidelity & Guaranty Co. Gemini, Inc., Great American In- surance Company John C. Jones, American States Insurance Company F. N. Smith Construction, Inc., Bi- tuminous Casualty Corporation Tschiggfrie Excavating, Bitumi- I nous Casualty Corporation SIDEWALK Alfred BaW, United Fire & Cas- ualty Company R Concrete Construction Co., Mer- chants Mutual Bonding Co. Dick Loetscher, Inc., Continental Casualty Company Wendelin Rettenherger, d/b/a, Rettenberger Tree & Landscape, Merchants Mutual Bonding Com- pany Schwers Construction Company, Merchants Mutual Bonding Com- pany April 28, 1969 Ron. Mayor & City Council reo Faber Music Co. Gentlemen: On February 3, 1969, Faber Mu- sic Co., 1157 Central Avenue, Du- buque, Iowa filed claim against the City of Dubuque, Iowa for damages in the amount of $1,272.94 allegedly suffered on January 30, 1969 as the result of a sewer back up. This matter was referred to the appropriate City Agency who made an investigation of said matter, and reported by letter to this of- fice on April 23, 1969 that the main sewer was clogged between 10th and 11th with grease and sticks of wood, and which were not sewer roots from the trees, and that there was no liability of the City of Dubuque. In vIew of the foregoing, it is the recommenda- tion of the City Attorney that the claim of the Faber Music Co. be denied. Original claim is attached here- to. Respectfully, Gilbert D. Chavenelle City Manager Mayor Pregler moved that filing of the policies and bonds be ap- proved subject to approval of the City Attorney. Seconded by Coun- cilman Schultz- Carried by the fol- lowing vote: Yeas-Ma~or Pregler, Council- men Couchman, Meyers, Schultz. Nays-None- Absent-Councilman McCauley. Respectfully submitted, R. N. Russo City Attorney Mayor Pregler moved that the recommendation of the City At- torney be approved. Seconded by Councilman Couchman. Carried by the following vote: Yeas-Mayor Pregler, Council- men Couchman, Meyers, Schultz. Nays-None. Absent-Councilman McCauley. April 28, 1969 Ron. Mayor & City Council re: Jay Emerson Davis Gentlemen: On January 24, 1969, Jay Emer- son Davis of 897 W. Locust St., Dubuque, Iowa filed claim against the City of Dubuque, Iowa for damages allegedly suffered on January 23, 1969 as the result of the back up of a sanitary sewer on said date. This matter was referred to the appropriate City Agency who made an investigation thereof and re- ported by letter to this office on April 23, 1969 of no liability and in view of the foregoing, it is the recommendation of the City At- torney that the claim of Jay Em- erson Davis he denied. Regular Session, May 5, 1969 Original claim is attached here- an investigation thereof and re- to. ported by letter to this office of Respectfully submitted, no liability and in view of the R. N. Russo foregoing, it is the recommenda- City Attorney tion of the City Attorney that the Mayor Pregler moved that the claim of Gary Stuart be denied. recommendation of the City At- Respectfully submitted, torney be approved. Seconded by R. N. Russo, Councilman Couchman. Carried by City Attorney the following vote: Mayor Pregler moved that the Yeas - Mayor Pregler, Council- recommendation of the City At- men Couchman, Meyers, Schultz. torney be approved. Seconded by Nays-None. Councilman Couchman. Carried by Absent-Councilman McCauley. the following vote: April 26 1969 Yeas-Mayor Pregler, Council- Honorable Mayor and' men Couchman, Meyers, Schultz. City Council Nays-None. re: Leo A. Schmitt Ahsent-Councilman McCauley. Gentlemen: May 1, 1969 On January 29, 1969, Leo A. Honorable Mayor and Schmitt of 3277 Jackson St., Du-' City Council buque, Iowa filed claim against re: Gerald Schuller tbe City of Duhuque, Iowa for dam- Gentlemen: ages soffered on January 23, 1969 On February 3, 1969, Gerald as the result of a sewer back up Schueller of 35 East 32nd Street, and claiming damages in the Dubuque, Iowa, filed claim against amount of $125.00. the City of Dubuque, Iowa for dam- This matter was referred to the ages in the amount of $559.07 appropriate City Agency who made allegedly suffered on January 23, an investigation thereof and re- 1969 as the result of a sewer back ported by letter to this office on up. April 23, 1969, of no liability and This matter was referred to the in view of th.e foregoing,. it is the appropriate City Agency who made recommendatIOn of the CIty Attor- an investigation and reported by ney ~hat the. cla¡m of Leo A. letter to this office on April 23, Sch~It~ be de!l'e~. 1969 of no liability and in view Ongmal claUD 15 attached here- of the foregoing it is the recom- to. . mendation of the City Attorney Respectfully sublDltted, that the claim of Gerald Schueller R: N. Russo, he denied. Mayor pre~:~~ ~~~r.::¡"Ythat the Original claim is attached hereto. recommendation of the City Attor- Yours very truly, ney be approved. Seconded by R: N. Russo, Councilman Couchman. Carried by CIty Attorney the following vote: MaYOre Pre!1ler moved that the Yeas-Mayor Pregler, Council- recomm ndabon of CIty Attorn~y men Couchman Meyers Schultz he approved. Seconded by Council- Nays-None. ' , . man Couchman. Carried by the fol- Absent-Councilman McCauley. lowmg vote: . . Yeas - Mayor Pregler, Councll- Aprll 28, 1969 men Couchman Meyers Schultz Honorable .Mayor and Nays - Non~. ' . CIty Councll re: Gary Stuart Absent - Councilman McCauley. May 1, 1969 Honorable Mayor and City Council re: Walter B. Wiedemann Gentlemen: On February 6, 1969, Walter B. Wiedemann of 2609 Windsor Ave., Dubuque, Iowa filed claim against the City of Dubuque, Iowa for damages in the amount of $75.00 allegedly suffered on February 1, 184 Gentlemen: On October 28, 1968, Gary Stuart, of 1565 Fairfax, Dubuque, Iowa filed claim against the City of Dubuque, Iowa, claiming damages for personal property allegedly picked up in error hy the city rubbish crew and claiming damag- es in the total sum of $70.07. This matter was referred to the appropriate City Agency who made Regular Session, May 5, 1969 185 1969 as the result of a sewer back up. This matter was referred to the appropriate City Agency who made an investigation thereof and re- ported by letter to this office on April 23, 1969 of no liability and in view of the foregoing it is the recommendation of the City Attor- ney that the claim of Walter B. Wiedemann be denied. Original claim is attached here- to. Yours very truly, R. N- Russo, City Attorney Mayor Pregler moved that the recommendation of the City Attor- ney be approved. Seconded by Councilman Couchman. Carried hy the following vote: Yeas - Mayor Pregler, Council- men Couchman, Meyers, Schultz. Nays-None. Absent - Councilman McCauley. May 1, 1969 Hon. Mayor & City Council Re: Ray Gross Gentlemen: On February 6, 1969, Ray Gross of 995 W. Locust, Dubuque, Iowa filed claim against the City of Du- buque, Iowa for damages in the amount of $450.00 allegedly sof- fered on June 18, 1968 as the re- sult of a sewer back up. This matter was referred to the appropriate City Agency who made I an investigation thereof and re- ported by letter to this office on April 23, 1969 of no liability and in view of the foregoing it is the recommendation of the City At- torney that the claim of Ray Gross be denied. Original claim is attached here- to. Yours very truly, R. N. Russo City Attorney Mayor Pregler moved that the recommendation of the City At- torney he approved. Seconded by Councilman Couchman. Carried by the following vote: Yeas-Mayor Pregler, Council- men Couchman, Meyers, Schultz. Nays-None. Absent-Councilman McCauley. May 1, 1969 Hon. Mayor and City Council Re: Vincent C. Hansen Gentlemen: On February 7, 1969, Vincent C. Hansen of 26 Milwaukee St., Du- buque, Iowa filed claim against the City of Dubuque, Iowa for damages in the amount of $350.00 allegedly suffered on January 15 and January 23, 1969 as the result of a sewer back up. This matter was referred to the appropriate City Agency who made an investigation thereof and reported by letter to this office on April 23, 1969 of no liability and in view of the foregoing it is the recommendation of the City Attorney that the claim of Vin- cent C. Hansen be denied. Original claim is hereto at- tached. Yours very truly, R. N. Russo City Attorney Mayor Pregler moved that the recommendation of the City Attor- ney he approved. Seconded by Councilman Couchman. Carried by the following vote: Yeas-Mayor Pregler, Council- men Couchman, Meyers, Schultz. Nays-None. Absent-Councilman McCauley. April 24, 1969 Hon. Mayor & City Council City Hall Gentlemen: On January 14, 1969, Laura Pendley suffered injuries as the result of a fall at the intersection of 24th and Central Avenue in the City of Duhuque, Iowa and the City Attorney's office was alerted to said claim through the Trans- america Insurance Group and in view in the nature of the injuries and the circumstances the City Attorney agreed with the insur- ance company and its attorneys that settlement should be made with the claimant and that the City of Dubuque would contribute towards settlement amount in the amount of $71.00, the sum of $23.67. While these circumstances ap- pear somewhat unusual, it should be borne in mind that the circum- stances were such that it was in- dicated to the City Attorney that it would serve the best interests of the City of Dubuque, that said agreement be reached. It is therefore, the recommenda- tion of the City Attorney that the City Auditor be instructed to draw warrant payable to the Transamer- ica Insurance Group in the amount 186 Regular Session, May 5, 1969 of $23.67 and transmit same to the City Attorney for delivery to said insurance company. Attached hereto is evidence of payment of the claim of Laura Pendley together with a release which includes the City of Du- buque and for which tbe settle- ment was agreed upon. Respectfully submitted, R. N. Russo City Attorney Councilman Meyers moved that the recommendation of the City Attorney be approved. Seconded by Councilman Couchman. Carried bY the following vote: Yeas - Mayor Pregler, Council- men Couchman, Meyers, Schultz. Nays-None. Absent-Councilman McCauley. April 28, 1969 Hon. Mayor and City Council Re: Richard J. Williams Gentlemen: On January 10, 1969, Richard J. Williams, of RR #1, Dubuque, Iowa filed claim against the City of Du- buque for damages to his motor I vehicle in the amount of $8.24 as the result of striking a hole in the street on Central Avenue near 8th and Central Avenue on January 4, 1969. This matter was referred to the appropriate City Agency who made an investigation thereof and the City Attorney has conferred with the claimant and it is the recom- mendation of the City Attorney that his claim of $8.24 be paid and the City Auditor be directed to draw a warrant payable to Rich- ard J. Williams in the amount of $8.24 and transmit same to the City Attorney for delivery upon receipt of duly executed release. Original claim is returned here- with. Respectfully submitted, R. N. Russo City Attorney Councilman Meyers moved that the recommendation of the City Attorney he approved. Seconded by Councilman Couchman. Carried by the following vote: Yeas - Mayor Pregler, Council- men Couchman, Meyers, Schultz. Nays-None. Absent-Councilman McCauley. May 1, 1969 Honorable Mayor and City Council re: Walsh Stores, Inc. Gentlemen: On January 23, 1969, the Walsh Stores, Inc. of 905 Central, Du- buque, Iowa (known as The Bar. gain Den at the Fuhrman Build- ing), filed claim against the City of Dubuque, Iowa for damages in the amount of $549.05 allegedly suffered on January 16, 1969, as the result of a sewer back up. This matter was referred to the appropriate City Agency who made an investigation thereof and re- ported by letter to this office on April 23, 1969 of no liability and in view of the foregoing it is the recommendation of the City Attor- ney that the claim of the Walsh Stores, Inc. (The Bargain Den) he denied. Original claim is attached here- to. Yours very truly, R. N. Russo, City Attorney Councilman Meyers moved that the recommendation of the City Attorney be approved. Seconded by Councilman Couchman. Carried by the following vote: Yeas - Mayor Pregler, Coun- cilmen Couchman, Meyers, Schultz. Nays - None. Ahsent - Councilman McCauley. May 2, 1969 Honorable Mayor and City Council Gentlemen: On February 3, 1969, the pur- ported claim of Albert Kenkel of 2609 Van Buren, Dubuque, Iowa for damages allegedly suffered to his vehicle approximately at the intersection of Chaney Road and Kaufman Avenue in the City of Dubuque, Iowa on January 24, 1969 wherein he claims damages to his vehicle in the amount of $60.72. I have made an investigation of this matter and have couferred with the Street Department and Water Department personnel re- garding the claim of Mr. Kenkel who alleges that the water main or hydrant broke or leaked caus- ing large ruts of ice to form in the street with no harricade or warning. 10 the further pursuit of this investigation, the City Attorney Regular Session, May 5, 1969 187 discussed this matter with Mr. Kenkel who advised the City At- torney that he traverses this area in the mornings and in the eve- nings in going to and from his place of employment and that on the morning in question the street was free and clear of ice as com- plained of. However, upon return- ing from work that evening, he encountered this condition which allegedly caused his damage. It is my opinion that the report of the street commissioner which indicates that due to the heavy rainfall and fast freeze at that time there was a large buildup of ice at the intersection for at least fifty feet east of Kaufman Avenue and that this street was plowed twice as soon as the street depart- ment was notified of such con- dition. As soon as the street de- partment was notified of this con- dition, they dispatched two graders with scarifiers to remove the ice, From the foregoing it would ap- pear that under the law of this State as relates to municipal lia- bility that the municipality must have actual or constructive notice ~f r:a~~=~¡~v~i~~nr~t~~ic'::'~o h::r~ I rect or remove the defective condi- tion and that based upon the in- vestigation of your City Attorney it is my opinion that the condition complained of, if it existed as con- tended by Mr. Kenkel, that it did not exist for such a period of time where a court of law would hold that the City of Duhuque had con- structive notice of its condition. That is to say, that it had existed for an unreasonable length of time and therefore, they should have had notice of its existence in the exercise of reasonable care. Further, it would appear that the condition complained of was observable by Mr. Kenkel and in my opinion, if this matter were to be litigated it would appear that a claim of contributory negligence could very reasonably be sustained. In view of the foregoing, it is the recommendation of the City Attorney that the claim of Mr. Kenkel be denied. Original claim is returned here- with. Respectfully submitted, R. N. Russo, City Attorney Councilman Meyers moved that the recommendation of the City Attorney be approved. Seconded by Councilman Couchman. Carried by the folIowing vote: Yeas - Mayor Pregler, Council- men Couchman, Meyers, Schultz. Nays - None. Absent - Councilman McCauley. Notice of Claim of A. Y. McDon- ald Mfg. Co. in the amount of $48,36, for material furnished to Smitty's Excavating in the con- struction of Mt. Carmel Feeder Main Project, presented and read. Councilman Meyers moved that the notice of claim be referred to the City Solicitor for investigation and report. Seconded by Mayor Preg- ler. Carried by the following vote: Yeas - Mayor Pregler, Council. men Couchman, Meyers, Schultz. Nays - None. Absent - Councilman McCauley. Notice of Suit of A. Y. McDon- ald Mfg. Co. vs. Smittys Excavat- ing, ' Merchants Mutual Bonding Co., Dubuque Sand & Gravel, Grif- fin Pipe Products Co., and City of Dubuque in the amount of $6,833.93 for materials furnished to con- struct the Mt. Carmel Feeder Main Project presented and read. Coun- cilman Meyers moved that the Notice of Suit he referred to the City Solicitor. Seconded by Mayor Pregler. Carried by the following vote: Yeas - Mayor Pregler, Council- men Couchman, Meyers, Schultz. Nays - None. Absent - Councilman McCauley. Notice of Claim of Raymond J. Moriarty, in behalf of Greg Mor- iarty, in the amount of $3000. for personal injuries received by said minor, while riding a bicycle and striking a hole in Boyer Street on March 28, 1969, presented and read. Councilman Meyers moved that the notice of claim be referred to the City Solicitor for investiga- tion and report. Seconded by May- or Pregler. Carried by the follow- ing vote: Yeas - Mayor Pregler, Coun- cilmen Couchman, Meyers, Schultz. Nays-None. Absent - Councilman McCauley. Notice of claim of Phil M, Pet- rick of 3095 Kaufman Ave., in the amount of $107.70 for car damage received as the result of striking a hole in Avoca Street on April Regular Session, May 5, 1969 Councilman Meyers moved that the communication be received and filed. Seconded by Mayor Pregler. Carried hy the following vote: Yeas - Mayor Pregler, Council. men Couchman, Meyers, Schultz. Nays-None. Absent-Councilman McCauley. ORDINANCE NO. 21-69 An Ordinance Authorizing the B. P. O. Elk's Lodge No. 297 Inc. to Construct A Canopy over the Public Sidewalk, presented and read. Councilman Couchman moved that the reading just had be con- sidered the first reading of the Ordinance. Seconded by Mayor Pregler. Carried by the following vote: Yeas - Mayor Pregler, Council- men Couchman, Meyers, Schultz. Nays-None. Absent-Councilman McCauley. Councilman Coucbman moved that the rule requiring an Ordi- nance to be read on three separate days be waived. Seconded by Ma. yor Pregler. Carried by the follow- ing vote: Yeas - Mayor Pregler, Council- men Couchman, Meyers, Schultz. Nays-None. Absent-Councilman McCauley. 188 7, 1969, presented and read. Coun- cilman Meyers moved that the not- ice of claim be referred to the City Solicitor for investigation and report. Seconded by Mayor Pregler. Carried by the following vote: Yeas - Mayor Pregler, Council- men Couchman, Meyers, Scbultz. Nays-None. Absent - Councilman McCauley. Notice of Claim of Charles T. & Kristin H. Fischer of 975 Mayfair Court in the amount of $117.16 for damage to the contents in the hase- ment of his home as the result of a sewer back-up on April 4, 1969, presented and read. Councilman Meyers moved that the notice of claim be referred to the City Solic- itor for investigation and report. Seconded by Mayor Pregler. Car- ried by the following vote: Yeas - Mayor Pregler, Council- men Couchman, Meyers, Schultz- Nays-None. Absent - Councilman McCauley. Notice of Claim of Wilfred J. Driscoll of Epworth, Iowa, in the amount of $9.78 for car damage received as the result of striking a chuck-hole in the street off Loras near Allison Henderson Play- ground on April 27, 1969, present- ed and read. Councilman Meyers moved that the notice of claim be referred to the City Solicitor for investigation and report. Seconded by Mayor Pregler. Carried by the following vote: Yeas - Mayor Pregler, Council- men Couchman, Meyers, Schultz, Nays-None. Ahsent - Councilman McCauley. April 22, 1969 To the Honorahle Mayor and City Council Gentlemen: Herewith suhmitted for your consideration is a proposed Ordi- nance granting permission to con- struct a canopy over sidewalk on Locust Street entrance door, at Elk's Club, 701 Locust Street. The canopy edge will be one foot behind the face of the curb. Also included in the Ordinance is a thirty day notice clause re- quiring removal if same interferes with any street improvement pro- gram. Respectfully submitted, Gilbert D. Chavenelle City Manager Regular Session, May 5, 1969 189 '~a""'. àdopl'" a, day 01 Mav. '96'. Wall" A. P"s'" MAYOR M"H' F. Sd>u'" D"ald R, Move" Gavl"d M, Co"hm" COUNCilMEN F"mmell ered the first reading of the Or- dinance. Seconded by Councilman Couchman. Carried by the follow- ing vote: Yeas - Mayor Pregler, Council- men' Couchman, Meyers, Schultz. Nays-None. Absent-Councilman McCauley. Councilman Meyers 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 Pregler, Council- men Couchman, Meyers, Schultz. Nays-None. Absent-Councilman McCauley. Councilman Meyers moved that a public hearing be held on the Ordinance on June 2, 1969 at 7:30 P.M. Daylight Saving Time in the Council Chamber at the City Hall and that the City Clerk be in- structed to publish notice of the hearing in the manner required by law. Seconded by Councilman Schultz. Carried by the following vote: Yeas - Mayor Pregler, Council- men Couchman, Meyers, Schultz. Nays-None. Absent-Councilman McCauley. ATTEST, F. CITY ACCEPT OF ORDINANCE NO. ,,-<, B.P., ',lodse No, '97 ,""Ihe OW", of "mlm, hav"g '"" know""ge "d ""dmle,d'," nf Ihe No. ORINANCE NO. 23-69 An Ordinance Amending and Changing Ordinance No. 3-34 known as the Zoning Map and Zoning Ordinance of the City of Dubuque, Iowa so as to change Certain Property Hereinafter De. scribed from "Light Industrial District" Classification to "Mul. tiple Residence District Classifi. cation" 1t.S-13 Councilman Couchman moved fi- nal adoption of the Ordinance. Seconded by Mayor Pregler. Car- ried by the following vote: Yeas - Mayor Pregler, Council- man, Meyers, Schultz. Nays-None. Absent-Councilman McCauley. (Washington street neighborhood area-from 14th to half way be- tween 19th & 20th) presented and read. Councilman Meyers moved that the reading just had be considered the first reading of the Ordinance. Seconded by Councilman Couch- man. Carried by the following vote: Yeas-Mayor Pregler, Council- men Couchman, Meyers, Schultz. Nays - None. Absent - Councilman McCauley. Councilman Meyers 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: ORDINANCE NO. 22-69 An Ordinance Amending and Changing Ordinance No. 3-34 known as the Zoning Map and Zoning Ordinance of the City of Dubuque, Iowa, so as to change certain property heroin. after describad from "Business District" Classification to "Mul. tiple Residence District" Cia... sification, (Washington neighborhood area- from 14th to half way between 19th & 20th) presented and read. Councilman Meyers moved that the reading just had be consid. - - 190 Regular Session, May 5, 1969 Yeas-Mayor Pregler, Council- men Couchman, Meyers, Schultz. Absent - Councilman McCauley. Councilman Meyers moved that a public hearing be held on the Ordinance on June 2, 1969, at 7:30 P.M. Daylight Saving Time in tbe Council Chamber at the City Hall and that the City Clerk be instruct- ed to publish notice of the hearing in the manner required by law. Seconded by Councilman Schultz. Carried by the following vote: Yeas - Mayor Pregler, Coun- cilmen Coucbman, Meyers, Schultz. Nays-None. Absent-Councilman McCauley. ORDINANCE NO, 24-69 An Ordinance Regulating Can. duct in Public Parks of the City of Dubuqua, Iowa: Providing for enforcement thereof: and pre- scribing penalties for the viola- tion of the provisions hereof, presented and read. Mayor Pregler moved that the reading just had he considered the first reading of tbe Ordinance. Seconded by Councilman Schultz. Carried by the following vote: Yeas - Mayor Pregler, Council- men Conchman, Meyers, Schultz, Nays - None. Absent - Councilman McCauley. Mayor Pregler moved that the rnle requiring an Ordinance to be read on three separate days he waived. Seconded by Councilman Schultz, Carried by the following vote: Yeas - Mayor Pregler, Council- men Couchman, Meyers, Schultz. Nays - None. Absent - Councilman McCauley. p"mi,,",", m,"n" by eny per"n i, hmby p"hibiled. No boo' in conlein", comm,nly refemd to " KEG BEER ,"" be b""" Into eny pe,. oe pec.- W~~CI?Ón ':~Y""";~"~iewn vehic'", ,iding ho"" or '"y olh" dome>tic"..d, enim" findenl. Section 19. No ,."on ,he" loaf in eny pec. woe',hoP oe int,,!ere with oe keep eny peck empiovee fcom p"fo,ming hi, dvli". Solicltelion of eny pec. emp:oyee d"ing woe'ing h""" by any ..",men. Regular Session, May 5, 1969 be imp'i"ned in Ihe Dobo"" C""nty Jalt foe e p"iod not exceeding thirty (30) day" p"..d. a, end eooprea Ihl, Sth dey of Me Pregl" Me" n F. Scholtz Don"d R. Mm" Gayloed M, Co",hm," C""ncllmen ATTEST, Loo F, Fcommelt Cily C",. Pobli'hed oflicia"y in The Tefe""ph- """d New,pep" thi, 9th aey 01 Mey "69, Leo F. F"mmelt Cily C'e"'. 11.5/9 Mayor Pregler moved final ad- option of the Ordinance. Seconded by Councilman Schultz. Carried by the following vote: Yeas - Mayor Pregler, Council- men Couchman, Meyers, Schultz. Nays - None. Absent - Councilman McCauley. Petition of City Auditor Heitz- man requesting permission to de- stroy various records in his de- partment prior to 1959, presented and read. Mayor Pregler moved that the petition be granted if it is done in accordance to the law. Seconded by Councilman Meyers. Carried by the following vote: Yeas - Mayor Pregler, Council- men Couchman, Meyers, Schultz. Nays-None. Absent-Councilman McCauley. Petition of Dubuque Lions Club requesting permission to use a portion of the Iodustrial Island to sponsor a Clyde Beatty-Cole Bros. Circus on September 11, 1969, pre- sented and read. Mayor Pregler moved that the petition be granted. Seconded by Councilman Couch- man. Carried by the following vote: Yeas - Mayor Preglêr, Council- men Couchman, Meyers, Schultz. Nays-None. Absent-Councilman McCauley. Petition of Mark W. Moes, Stu- dent Body President of Wahlert High School requesting represen- tation on the Human Rights Com- mission, presented and read. Coun- cilman Meyers moved that the pe- tition be referred to the Council. Seconded by Mayor Pregler. Car- ried by the following vote: Yeas-Mayor Pregler, Council- men Couchman, Meyers, Schultz. Nays-None. Absent-Councilman McCauley. Petition of Dubuque County His- torical Society requesting permis- sion to place a commemorative 191 192 Regular Session, May 5, 1969 plaque on the structure of the Old City Bell, presented and read. Councilman Couchman moved that the petition be approved. Second- ed by Councilman Meyers. Carried by the following vote: Yeas - Mayor Pregler, Council- men Couchman, Meyers, Schultz. Nays-None. Absent-Councilman McCauley. Petition of Building Department requesting permission to issue a building permit to Art Wilming to erect a concrete garage at 1715 Washington Street, presented and read. Councilman Schultz moved that the petition he approved. Sec- onded by Councilman Meyers. Car- ried by the following vote: Yeas - Mayor Pregler, Council- men Couchman, Meyers, Schultz. Nays-None. Ahsent-Councilman McCauley. Petition of Montgomery Ward requesting permission to make an additional curb-cut from their ser- vice center to Wacker Drive at their new retail outlet in Kennedy Mall, presented and read. City En- gineer White stated his position of the petition and as a result Councilman Meyers moved that the petition be denied. Seconded by Mayor Pregler. Carried by the following vote: Yeas - Mayor Pregler, Council- men Couchman, Meyers, Schultz. Nays-None. Absent-Councilman McCauley. Proof of publication, certified to by the Puhlisher, of Notice of puhlic hearing on proposed plans, specifications, form of contract, for the construction of a Fire Headquarters Building at Ninth & Iowa Street, presented and read. No written objections were filed and no oral objectors were present in the Council Chamber at the time set for the hearing. Councilman Meyers moved that the proof of publication be re- ceived and filed. Seconded by Councilman Schultz. Carried by the following vote: Yeas - Mayor Pregler, Coun- cilmen Couchman, Meyers, Schultz. Nays-None. Absent-Councilman McCauley. RESOLUTION NO. 107-69 WHEREAS, after a public hear- ing held and conducted pursuant to the laws of the State of Iowa, the City Council has heretofore found and determined that the public safety and welfare would be served by the erection and con- struction of a Fire Department Headquarters Building at Ninth Street and Central Avenue in the City of Dubuque, Iowa for the City of Dubuque, Iowa after the voters of the City of Dubuque by affirma- tive vote had approved the erection and construction of said fire sta- tion; and WHEREAS, proposed plans and specifications and form of contract for said Fire Department Head- quarters Building at Ninth Street and Central Avenue, in the City of Duhuque, Iowa for the City of Du- buque, Iowa have been prepared by Durrant - Deininger - Dommer - Kramer - Gordon, architects - engi- neers, and filed with the City Clerk on the 14th day of April, 1969, and notice of public hearing on said proposed plans, specifica- tions and form of contract has been duly published in the manner and form required by law and no petitions or ohjections of any kind have been filed or made by any interested parties to said plans, specifications and form of contract or to the cost of said project. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the plans, spec- ifications and form of contract re- ferred to in the preamble hereof be and the same are hereby ap- proved. Section 2. That all resolutions or orders or parts thereof in con- flict herewith are hereby repealed. Passed, approved and adopted this 5th day of May, 1969. Walter A. Pregler Mayor Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt, City Clerk Councilman Schultz moved adop- tion of the resolution. Seconded by Councilman Meyers. Carried by the following vote: Yeas - Mayor Pregler, Council- men Couchman, Meyers, Schultz. Nays - None. Absent - Councilman McCauley. Regular Session, May 5, 1969 193 April 28,1969 BE IT FURTHER RESOLVED To The Honorable Mayor that this resolution being deemed and City Council urgent and of IMMEDIATE NE- Gentlemen: CESSITY shall be in force and ef- Pursuant to your instructions, fect from and after its passage sealed bids were received until and adoption by the City Council. 10:00 A.M., Thursday, April 4, Passed, adopted and approved 1969, for the improvement of Traf- this 5th day of May, 1969. fic Signals and Street Lights on Walter A. Pregler Iowa Street from the south prop- Mayor erty line of Fourth Street to the Merlin F. Schultz north property line of Tenth Donald R. Meyers Street. Gaylord M. Couchman The one bid entered was sub- Councilmen mitted by Moldt Electric Service Attest: of Dubuque, Iowa. Their hid was Leo F. Frommelt 7.60% over the Engineer's esti- City Clerk mate. Mayor Pregler moved adoption I recommend that the contract of the resolution. Secon~ed by for the improvement be awarded Councllma!' Schultz. Carned by to Moldt Electric Service. the folloWIng vote: . Respectfully suhmitted, Yeas - Mayor Pregler, Councll- Gilbert D. Chavenelle men Couchman, Meyers, Schultz. City Manager Nays-None. Councilman Couchman moved Absent-Councilman McCauley. t~at the recommendation of the (Awarding Contract) CIty Manager be approved. S.ec- RESOLUTION NO 109-69 onded by Mayor Pregler. CarrIed . by the following vote: WHEREAS, sealed proposals Yeas - Mayor Pregler, Council- have been submitted by contrac- men Couchman, Meyers, Schultz. ~~c~~d~~v~~tS~ET Nays-None. LIGHTS ON IOWA STREET Absent-Councilman McCauley. from the south property line of 4th Street to the north property line of 10th Street pursuant to Resolution No. 46-69 and notice to bidders published in a newspa- per published in said City on March 7, 1969 and March 14, 1969; and WHEREAS, said sealed propos- als were opened and read on April 3, 1969, and it has heen deter- mined that the bid of Moldt Elec- tric Service of Dubuque, Iowa in the amount of $73,424.25 was the lowest bid for the furnishing of all labor and materials and per- forming the work as provided for in the plans and specifications; now therefore, BE IT RESOLVED by the City Council of the City of Dubuque that the contract for the above mentioned improvement be award- ed to Moldt Electric Service 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- (Ordering Construction) RESOLUTION NO. 108-69 BE IT RESOLVED by the City Council of the City of Dubuque, Iowa that pursuant to a Resolu- tion of Necessity No. 46-69 which was duly passed by this Council for the improvement of Traffic Signals and Street Lights on Iowa Street from the south property line of Fourth Street to the north property line of Tenth Street. Be and same is hereby ordered constructed by this Council upon its own motion and with or with- out the petition of property own- ers. All work shall be constructed in accordance with the plans and specification heretofore adopted and now on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the cost and expense of said k'::~~o~s~e;:, ';..n~a~l'~~ U~~ I ities-Lighting Fund. 194 Regular Session, May 5, 1969 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 5th day of May, 1969. Walter A. Pregler Mayor Merlin F. Schultz Donald R Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Mayor Pregler moved adoption of the resolution. Seconded by Councilman Schultz. Carried by the following vote: Yeas - Mayor Pregler, Council- men Couchman, Meyers, Schultz. Nays-None. Absent-Councilman McCauley. May 1, 1969 To the Honorable Mayor and City Council Gentlemen: This is to advise you that in our agreement to obtain a floodwall easement from Sinclair Oil Cor- poration, the City of Dubuque was to construct a docking facility for Sinclair Oil Company. Sealed bids were received from Ashbach Construction Company, Huxtable Hammond Company, Inc. and J. F. Brennan Company, Inc. The lowest bid received was from the J. F. Brennan Company, Inc. in the amount of $159,805.00. The Engineer's estimate on this project was $153,770.50. 1, therefore, recommend that the contract be awarded to the J. F. Brennan Company, Inc. Respectfully submitted, Gilbert D. Chavenelle City Manager Mayor Pregler moved that the recommendation of the City Man- ager be approved. Seconded by Councilman Schultz. carried by the following vote: Yeas-Mayor Pregler, Council- men Couchman, Meyers, Schultz. Nays-None. Ahsent-Councilman McCauley. RESOLUTION NO. 11()'69 WHEREAS, on the 26th day of February, 1968, City of Dubuque, Iowa and Sinclair Refining Com- pany entered into a written agree- ment concerning the docking fa- cilities of Sinclair Refining Com- pany as relates to the Dubuque Flood Control Project; and WHEREAS, subsequent to Feb- ruary 26, 1968 Atlantic Richfield Company and Sinclair Refining Company were merged and which merged companies are now known as and operating as Atlantic Rich- field Company and which company succeeded to all the rights and ob- ligations under said contract here- inabove referred to; and WHEREAS, said agreement con- templated at that time that Sinclair Refining Company (Atlantic Rich- field Company) would secure bids for the construction and installa- tion of the facilities of Sinclair Refining Company (Atlantic Rich- field Company); and WHEREAS, it has been de- termined that it would serve the best interests of the City of Du- buque, Iowa in that it could effect a suhstantial saving to the City of Dubuque, Iowa if it were to enter into the contract with the contrac- tor for the erection and installation of such facilities; and WHEREAS, Sinclair Refining Company (Atlantic Richfield Com- pany) has received competitive bids for the installation and erection of such facilities and the bid of J. F. Brennan Company Inc., contractor, be and the same is hereby de- termined to be the best and lowest bid. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section L That the contract by and between the City of Dubuque, Iowa and J. F. Brennan Company Inc. contractor, for the erection and construction of the Sinclair Refining Company (Atlantic Rich- field Company) facilities in con- nection with the Dubuque Flood Control Project be and the same is hereby approved. Section 2- That the City Man- ager be and he is hereby author- ized and directed to execute said contract for and on behalf of the City of Dubuque, Iowa. Section 3. Tbat the City Clerk be and he is hereby directed to for- ward a certified copy of this Reso- lution together with COpy of the improvement contract, together with exhibits attached thereto, to Regular Session, May 5, 1969 Sinclair Refining Company (At- Attest: lantic Richfield Company). Leo F. Frommelt Passed, approved and adopted City Clerk this 5th day of May, 1969. Councilman Couchman moved Walter A. Pregler adoption of the resolution. Second- Mayor ed by Councilman Schultz. Carried Merlin F. Schultz by the following vote: Donald R. Meyers Yeas-Mayor Pregler, Council- Gaylord M. Couchman men Couchman, Meyers, Schultz. Councilmen Nays-None. Absent-Councilman McCauley. RESOLUTION NO. 112-69 Whereas, the Board of Su- pervisors of Dubuque County, Iowa have requested permission to in- stall radio antennas and equipment in a building on a parcel of real estate owned by the City of Du- buque, Iowa for the purpose of installing a county wide warning system; and Whereas, City Council of the City of Dubuque, Iowa, has ex- amined the grant of revocable li- cense and finds that same should be approved. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section L That the Mayor and the City Clerk be and they are hereby authorized and directed to execute the grant of revocable license to Dubuque County, Iowa. Section 2- That the City Clerk be and he is hereby authorized and directed to transmit said grant of easement for acceptance by the Board of Supervisors of Dubuque County, Iowa and which accept- ance shall be endorsed as provided for within the grant of revocable license. Passed, approved and adopted this 5th day of May, 1969. Walter A. Pregler Mayor Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Councilman Schultz m 0 v e d adoption of the resolution. Second- ed by Mayor Pregler. Carried by the following vote: Yeas-Mayor Pregler, Council- men Couchman, Meyers, Schultz. Nays-None. Absent-Councilman McCauley. RESOLUTION NO. 111-69 WHEREAS, City of Dubuque, Iowa and Retirement Investment Corporation have entered into a written Agreement for the exten- sion of city sanitary sewer service to Heritage Manor which sanitary sewer shall lie partly within the City of Dubuque, Iowa and partly outside the present limits of the City of Dubuque, Iowa; and WHEREAS, said agreement has been amended, a copy of which amendment is hereto attached; NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section I. That the amendment to the agreement by and between the City of Dubuque, Iowa and Re- tirement Investment Corporation, a copy of which amendment is hereto attached, marked Exhibit "A" and by reference made a part hereof, he and the same is hereby approved. Section 2. That the Mayor and the City Clerk be and they are hereby authorized and directed to execute said amendment to agree- ment for and on behalf of the City of Dubuque, Iowa. Passed, Approved and adopted this 5th day of May, 1969. Walter A. Pregler Mayor Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen 195 Attest: Leo F. Frommelt City Clerk Councilman Schultz m 0 v e d adoption of the resolution. Second- ed by Councilman Meyers. Carried by the following vote: Yeas-Mayor Pregler, Council- men Couchman, Meyers, Schultz. Nays-None. Absent-Councilman McCauley. Regular Session, May 5, 1969 May 5, 1969 iron water main in Ashury To the Honorable Mayor Road from the west property and City Council line of Lot 1 of Lot 1 of As- Gentlemen: bury Park in Section 21, Du- The City of Dubuque 1968 As- b u que Township, Dubuque bury Road Water Main Project No. Iowa to the westerly property 1 has heen completed in accord- line of Lot 2 of Lot 1 of Lot 1 ance with plans and specifications of S.W. Yo of S.W. Yo - See- by Merchants Mutual Bonding tion 16 T.89 N. R. 2 E. Company. That the same has been com- I recommend that the improve- pleted in accordance with the ment be accepted. terms of the contract with Merch- Respectfully submitted, ants Mutual Bonding Company. Gilbert D. Chavenelle That there is now due the con- councilmanCI~c:ru~~:g:oVed ap- tractor under his contract the proval of ¡he recommendation. Sec- amount of $17,229.25. . onded by Mayor Pregler. Carried That the total cost of the ltD- by the following vote: provement IS $17,~08.97 as shown Yeas-Mayor Pregler, Council- by the computatIOn hereto at- men Couchman Meyers Schultz tached. Nays-None. ' , . Respectfull~ submitted, Absent-Councilman McCauley. John L. WhIte May 5, 1969 City Engineer To the Honorahle Mayor Councilman Schultz moved ap- and City Council proval of the recommendation. See- Gentlemen: onded by Mayor Pregler. Carried 1 hereby certify that I have in- by the following vote: spected the following improvement: Yeas-Mayor Pregler, Council- City of Dubuque 1969 As. men Couchman, Meyers, Schultz. bury Road Water Main Proj- Nays-None. ect No.1 consisling of cast Absent-Councilman McCauley. 196 CITY OF DUBUQUE 1968 ASBURY ROAD WATER MAIN PROJECT NO. I Computations of the total cost of the improvement: Total cost of construction ..................................................................$17,174.43 Engineering & Inspection cost ............................................................ 79.72 5% Interest on assessed share of $7,590.70 @ 5% interest/ 52 days ........................................................................................... 54.82 TOTAL COST OF PROJECT: ............................................................$17,308.97 FINAL ESTIMATE FOR WATER MAIN CONSTRUCTION STATEMENT of the various kinds of work done in the construction of Cast Iron Water Main CITY OF DUBUQUE 1968 ASBURY ROAD WATER MAIN PROJECT NO.1 Items of Work Total Unit and Materials Quantities Prices Totals 12 in. Cast Iron Water Pipe ......1693.83 Lin. Ft. $ 8.22 $13,923.29 6 in. Cast Iron Water Pipe ...... 6 Lin. Ft. 4.98 29.88 12 in. Valves .................................. 1 No. of 290.00 290.00 6 in. Valves ................................. 2 No. of 135.90 271.80 12" x 6" Anchor Tee .................... 2 No. of 125.00 250.00 Hydrants .......................................... 2 No. of 320.00 640.00 Regular Session, May 5, 1969 197 Sand fill in place .......................... 208 Tons Crushed Rock or Gravel, in place, 384.45 Tons $17,229.25 I, City Engineer of said City, hereby certify that the above statement and attached map show in detail the correct amounts of all work required to complete the improvement under the above numbered Resolution Approved Gilbert D. Chavenelle City Manager April 29, 1969 Mr. Gilbert D. Chavenelle, City Manager Dear Mr. Chavenelle: The 1966 Asbury Road Water Main Project No.1 which was re- cently completed, has been inspect- ed and tested by our department. It was found to have been con- structed according to A.W.W.A. Standards and is acceptable to be- come a part of the City of Dubuque water distribution system. The fOllowing bid items were used on this project: 1693'10" of 12" pipe 6'0" of 6" pipe 2 fire hydrants 1-12" valve and box 2-6" valve and box 2-12" x 6" anchor tee 208 tons of sand 384.45 tons of base stone The above acknowledgement is not to be construed to mean that' the Contractor is relieved from the four year Maintenance Bond on the improvement. Yours very truly, CITY WATER DEPARTMENT J. J. Hail, Superintendent RESOLUTION NO. 113-69 RESOLUTION accepting work, ascertaining cost, datermining proportion of cost to be assessed I against private property and ordering payment for: City of Dubuque 1968 Asbury Road Water Main Project No. 1 from the west property line of Lot 1 of Lot 1 of Asbury Park in Section 21, Dubuque Township, Dubuque Iowa, to the westerly property line of Lot 2 of Lot 1 of Lot I of 2.50 3.25 520.00 1,249.46 - $17,174.43 54.82 TOTAL 5% Interest/52 days John L. White City Engineer J. J. Hail City Water Supt. S.W. ¥I of S.W. ¥I - Section 16 T89N, R2E WHEREAS, the City Engineer has filed his certificate with the City Clerk, stating that he has in- spected the above improvement, that the same has been per- formed in compliance with the terms of the contract, and that the total cost of the work is $17,308.97. NOW, THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa: SECTION I. That the work of Merchants Mutual Bonding Com. pany in completing said improve- ment is hereby accepted and the City Auditor instructed to issue warrants payable to said contractor in the total sum $17,229.25 with interest thereon at the rate of 5% per aunum from date hereof and drawn upon the Water Works De- preciation Fund or any other fund available for such improvement. SECTION 2. That the total cost of said improvement is hereby de- termined to be $17,308.97 and it is further determined that $9,718.27 of such cost shall be paid from the Water Works Depreciation Fund and $7,590.70 of such cost shall be assessed against private prop- erty within the assessment district. Passed, adopted and approved this 5th day of May, 1969. Walter A. Pregler Mayor Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk 198 Regular Session, May 5, 1969 Councilman Couchman moved I adoption of resolution. Seconded by Councilman Schultz. Carried by the following vote: Yeas-Mayor Pregler, Council- men Couchman, Meyers, Schultz. Nays-None. Absent-Councilman McCauley. May 5, 1969 To the Honorable Mayor and City Council Gentlemen: I herewith submit the attached assessment schedule for the im- provement of the City of Dubuque 1968 Asbury Road Water Main Project No.1 showing description of each lot to be assessed, the names of the owners as shown by the County Auditor's roll, the valu- ation of each lot as set by the City Council and the amount proposed to be assessed against each lot. Submitted this 5 day of May, 1969. Respectfully submitted, Joho L. White City Engineer Mayor Pregler moved that the communication be received and filed. Seconded by Councilman Schultz. Carried by the following vote: Yeas-Mayor Pregler, Council- men Couchman, Meyers, Schultz[ Nays-None. Absent-Councilman McCauley. RESOLUTION NO. 114-69 SCHEDULE OF ASSESSMENTS CITY OF DUBUQUE 1968 AS- BUBY ROAD WATER MAIN PROJECT NO.1 RESOLVED by the City Council of the City of Du- buque, Iowa, That to pay for CITY OF DUBUQUE 1968 ASBURY ROAD WATER MAIN PROJECT NO.1, from the west property line of Lot 1 of Lot 1 of Asbury Park in Section 21, Dubuque Township Dubuque, Iowa, to the westerly property line of Lot 2 of Lot 1 of Lot 1 of SW¥4 of SW¥4 Section 16, T. 89 N. R, 2E, by Merchants Mu- tual Bonding Company, in front of and adjoining the same, a special tax he 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: Lester Hilby, Lot l-I-E.'h-S.W.'I4-Sec. 16-T.89N-R,2E. of 5th P.M. $2,896.52 Resurrection Church, Ioc., Lot 1-2-E.'h-S.W.'!4-Sec. 16-T.89N- R,2E. of 5th P.M. .......................................................................... Resurrection Church, Inc., Lot 2-1-1-E.'h-S.W.'I4-Sec. 16-T.89N- R,2E. of 5th P.M. .......................................................................... Anthony Pfohl & Louis Pfohl, Lot N.E.'I4-N.W.'/4-Sec. 21-T.89N- R,2E. of 5th P.M. .......................................................................... 2,970.00 Anthony Pfohl & Louis Pfohl, Lot E.370'-N.W.'I4-Sec. 21-T.89N- R.2E. of 5th P.M. 74.25 817.43 832.50 12 in. Cast Iron Water Pipe-1693.83 Lin. Ft. @ 8.22 ................... 6 in. Cast Iron Water Pipe--6 Lin. Ft. @ 4.98 12 in. Valves-l No. of @ 29.00 ........"............. 6 in. Valves-2 No. of @ 135.90 ........................................................ 12" x 6" Anchor Tee-2 No. of @ 125.00 ........................................ Hydrants-2 No. of @ 320.00 ............................................................ Sand fill in place-208 Tons @ 2.50 ................................................ Crushed Rock or Gravel, in place-384.45 Tons @ 3.25 .............. $7,590.70 .$13,923.29 29.88 290.00 271.80 250,00 640.00 520.00 1,249.46 $17,229.25 Construction Cost ................................................................................$17,174.43 Engineering Expense .........................................,................................ 79.72 5% Ioterest/52 days -...... 64.82 TOTAL .........-.........................................................................................$17,308.97 Assessable -.........."......... 7,50.70 City Share Assessable TOTAL ............................$17,174.43 5% Ioterest/52 days .... 64.82 9,718.27 7,590.70 Regular Session, May 5, 1969 Passed, adopted and approved this 5th day of May 1969. Walter A. Pregler Mayor Merlin F. Schultz Donald R, Meyers Gaylord M. Couchman Councilmen 199 SECTION 2. That each of said assessments in excess of $25.00 is hereby divided into ten equal annual installments, the first of which shall be due and payable on January 1, 1970 and the succeed- ing annual installments shall be- come respectively due and payable on the first day of January annual. ly thereafter. SECTION 3. That all unpaid in- stallments shall bear interest at the rate of 5% per annUm from May 5, 1969 and shall be due and payable in the manner provided by law; provided, however, any taxpayer may pay his total assess- ment in full without interest with- in 30 days from the date that the City Clerk cerlifies the schedule of assessments to the County Audi- RESOLUTION NO. 115-69 tor as hereinafter provided. RESOLUTION, adopting final as- SECTION 4. That the City Clerk sessment schedule, levymg assess- is hereby directed to certify the ment, prescnblDg terms. of pay- Engineer's Final Schedule of As- ment thereof, and directing CIty sessments to the County Auditor Clerk to certIfy fmal schedule and of Dubuque County. Iowa, and to publish nol1ce for the construcl1on publish notice thereof by two pub- of the: lications in the Telegraph-Herald City of Dubuque 1968 Asbury Newspaper once each week for Road Water Main Project No. two consecutive weeks the first 1 from the west property line publication of which shall not be of Lot 1 of Lot 1 of Asbury more than fifteen days of the fil- Park in Section 21, Dubuque ing of the final schedule with the Township, Dubuque, Iowa, to County Auditor. the westerly property line of Lot 2 of Lot 1 of Lot 1 of SECTION 5. The City Clerk is S.W. '14 of S.W. 'I4-Section hereby further directed to send by 16 T89N. R2E. certified mail to each property WHEREAS, the City Engineer ~:"::;;e;;~~S~t Pf~,!'":d iSm':~~~~~ has filed hIs Fmal Schedule. of ments as shown by the records in Assessments for. the abov~ Im- the office of the County Auditor, provement showmg a descnptlOn a copy of said notice, said mailing of each lot to be assessed, the to be made on or before the first valuation of each lot as heretofore publication of said notice. fixed by the council, and the Passed, adopted and approved amount proposed to be assessed this 5th day of May 1969. agamst each lot; and Walter A. Pregler WHEREAS, the City Council has Mayor met and considered said Final Merlin F. Schultz Schedule of Assessments; Donald R, Meyers NOW, THEREFORE, BE IT RE- Gaylord M. Co~chman SOLVED by the City Council of Counctlmen the City of Dubuque, Iowa: At~~:F. Frommelt SECTION 1. That the assessments City Clerk as set forth in said schedule are Councilman Schultz moved adop- hereby confirmed and adopted and tion of the resolution. Seconded that a special tax be and is hereby by Councilman Couchman. Carried levied on the several lots, and by the following vote: parts of lots, and parcels of real Yeas-Mayor Pregler, Council- estate for the amount set opposite men Couchman, Meyers, Schultz. each lot or parcel of real estate Nays-None. all as shown in said schedule. Absent--Councilman McCauley. Attest: Leo F. Frommelt City Clerk Mayor Pregler moved adoption of the resolution. Seconded by Coun- cilman Schultz. Carried by the fol- lowing vote: Yeas-Mayor Pregler, Council- men Couchman, Meyers, Schultz. Nays-None. Absent-Councilman McCauley. 200 Regular Session, May 5, 1969 May 5, 1969 I To the Honorable Mayor and City Council Gentlemen: I have investigated the balances of the several funds and accounts, calculated the salary and wage expense for 1969, made a table of wage rates, determined the cost of programs and materials budget- ed in 1968 which must be carried into 1969, and have costs several items which require additional fi- nancing such as the "dog pound account". I have requested that ordinances and resolutions be drawn covering all these transactions. In order that you may be aware of the financial details involved I submit the following: Wage and Salary Plan, 1969 Table I, Requested Supplemen- tal Appropriations to 1969 Budget for Salary and Wage Adjustments Table II, Requested Supple- mental Appropriations to 1969 Bud get Incomplete Commitments Budgeted in 1968 The tables indicate the intent I and purpose of the proposed ordi- nances and resolutions. On page 5 of each table 1 have indicated the fund transfers required to finance the requested supplemental appro- priations. Ordinances for increasing bud- get appropriations must be set down for public hearing. Resolu- tions requesting fund transfers may be passed at the Council meeting at which they are pre. sented. I recommend to you the pro- posed ordinances and resolutions. Respectfully, Gilhert D. Chavenelle City Manager Mayor Pregler moved that the communication be received and filed. Seconded by Councilman Schultz. Carried hy the following vote: Yeas-Mayor Pregler, Council- men Couchman, Meyers, Schultz. Nays-None. Absent-Councilman McCauley. RESOLUTION NO. 116-69 A Resolution for the transfer of $345.00 from the Municipal Golf Course Development Fund to the ,-~ ' Municipal Golf Course Fund, for the following reason: To provide for wage adjust- ment retroactive to January 1, 1969, from budgeted 4.2% to 6% increase. Now therefore be it resolved by the City Council of the City of Dubuque, Iowa, that $345.00 be transferred from the Municipal Golf Course Development Fund to the Municpal Golf Course Fund to co v e r additional appropriation amendments included in Ordi. nance No. 1-69. Passed, adopted and approved this 5th day of May, 1969. Walter A. Pregler Mayor Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Councilman Couchman moved adoption of the resolution. Second. ed by Mayor Pregler. Carried by the following vote: Yeas-Mayor Pregler, Council- men Couchman, Meyers, Schultz. Nays-None. Absent-Councilman McCauley. RESOLUTION NO. 117-69 A Resolution for the transfer of $32,575.00 from the Liquor Sales Profit Fund to the following funds and in the amounts as listed: $15,000.00 to the Public Safety Fund $ 1,850.00 to the Fire Retire- ment System Fund $ 4,500.00 to the Iowa Public Employees Retirement Fund $11,225.00 to the Social Secu- rity Fund, for the following reasons: To provide for salary and pen- sion payment adjustments, re- troactive to January 1, 1969. Now therefore, be it resolved by the City Council of the City of Dubuque, Iowa that $32,575.00 be transferred from the Liquor Sales Profit Fund to the following funds and in the amounts as listed: $15,000.00 to Public Safety Fund $ 1,850.00 to the Fire Retire- ment System Fund $ 4,500.00 to the Iowa Public Employees Retirement Fund Regular Session, May 5, 1969 $11,225.00 to the Social Secu- rity Fund to Cover additional appropriation amendments included in Ordinance No. 1-69. Passed, adopted and approved this 5th day of May, 1969. Walter A. Pregler Mayor Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen 201 the Urban ReneWal-Iowa R.15 fund, and the City Auditor 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: Ayes-Walter A. Pregler, Mayor, Gaylord M. Couchman, Donald R. Meyers, Merlin F. SchUltz, Council- men. Nays-None. Absent - Councilman Sylvester McCauley. Walter A. Pregler Mayor Leo F. Frommelt City Clerk I hereby certify the above to be a true and correct copy of resolution passed by the City Coun- cil on the 5th day of May, A.D. 1969. Leo F. Frommelt City Clerk APPROVAL The above application and reso- lution having been filed with the State Comptroller, the transfer re- quested is approved this 9 day of May, 1969. Not e: Comptroller approved transfer of $90.000 only from Gen- eral Fund to Urban Renewal Fund. Maurice E. Baringer State Comptroller Chairman State Appeal Board Mayor Pregler moved adoption of the resolution. Seconded by Councilman Schultz. Carried by the following vote: Yeas-Mayor Pregler, Council- men Couchman, Meyers, Schultz. Nays-None. Absent-Councilman McCauley. RESOLUTION NO. 119-69 RESOLUTION AND APPLICATION FOR APPROVAL OF THE PERMANENT TRANSFER OF FUNDS WHEREAS, there is now in the hands of the treasurer the sum of $17,463.00, credited to the Gen. eral fund, and WHEREAS, it is desired to trans- fer $17,463.00 from the General Fund. $15,590.00 to the Public Safety Fund and $1,873.00 to the Police Retirement System Fund for the following reasons: To pro. Attest: Leo F. Frommelt City Clerk Mayor Pregler moved adoption of the resolution. Seconded by Councilman Schultz. Carried by the following vote: Yeas-Mayor Pregler, Council- men Couchman, Meyers, Schultz. Nays-None. Absent-Councilman McCauley. RESOLUTION NO. 118-69 RESOLUTION AND APPLICATION FOR APPROVAL OF THE PERMANENT TRANSFER OF FUNDS WHEREAs, there is now in the hands of the treasurer the sum of $90,000.00, credited to the Gen- eral-Land Sales fund, and WHEREAS, there is now in the hands of the treasurer the SUm of $33,780.00, credited to the Liquor Sales Profit fund, and WHEREAS, it is desired to transfer $123,780.00 fro m the above Funds to the Urban Renew- al-Iowa R-15 Fund, for the follow- ing reasons: cash payment due project in 1969. and I WHEREAS, said transfer is to be pennanent in accordance with Section 24.22, Code of Iowa; and WHEREAS, there is sufficient money in the above funds 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 County, Iowa, subject to the approval of the State Comptroller, that said Sum of $123,780.00 be, and the same is hereby transferred $90,000.00 from the General Land Sales Fund and $33,780.00 from the Liquor Sales Profit funds to #'-- ORDINANCE NO. 25-69 An Ordinance amending the bud. get as approved by Ordinance No. 1-69, presented and read. Councilman Couchman moved that the reading just had be con- sidered the first reading of the Ordinance. Seconded by Council- man Meyers. Carried by the fol- lowing vote: Yeas-Mayor Pregler, Council- men Couchman, Meyers, Scbultz. Nays-None. Absent-Councilman McCauley. Councilman Couchman moved that the rule requiring an Ordi- nance to be read on three separate days be waived. Seconded by May- or Pregler. Carried by the follow- ing vote: Yeas-Mayor Pregler, Council- men Coucbman, Meyers, Schultz. Nays-None. Absent-Councilman McCauley. Councilman Couchman moved that a public hearing be held on the Ordinance on May 26, 1969, at 7:30 P.M. in the Council Cham- ber 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 hy Councilman Schultz. Carried by the following vote: Yeas-Mayor Pregler, Council- men Couchman, Meyers, Schultz. Nays-None. Absent-Councilman McCauley. COUNCILMAN COUCHMAN LEFT THE COUNCIL CHAMBER AT 11:00 P.M. Petition of A-I Plumbing, Cool- ing & Heating Co. requesting per- mission to excavate in the alley to the rear of 395 Main Street, presented and read. Mayor Pregler moved that the petition be ap- proved. Seconded by Councilman Meyers. Carried by the following vote: Yeas-Mayor Pregler, Council- men Meyers, Schultz. Nays-None. Absent-Councilmen Couchman, McCauley. Petition of Tri-State Convales- cent Center Inc. requesting per- mission to excavate at 923 W. 3rd Street to disconnect existing wa- ter Services, presented and read. Councilman Meyers moved that the petition be granted. Seconded by Councilman Schultz. Carried by the following vote: 202 Regular Session, May 5, 1969 vide for salary adjustments retro- active to January 1, 1969, from budgeted 4.2% to 6% increase. and WHEREAS, said transfer is to I he permanent in accordance with Section 24.22. Code of Iowa; and WHEREAS, there is sufficient money in the General fund to meet all demands thereon, and WHEREAS, all laws relating to municipalities have been complied with, NOW THEREFORE, be it re- solved by the City Council of Du- buque County, Iowa, subject to the approval of the State Comptroller, that said sum of $17,463.00 be, and the same is hereby transferred from the General fund $15,590.00 to the Public Safety Fund and $1,873.00 to the Pol. Retire. fund, and the City Auditor is directed to correct his hooks accordingly I and to notify the treasurer of this. transfer, accompanying the notifi- cation with a copy of this resolu- tion and the record of its adoption. The vote thereon was as follows: Ayes-Walter A. Pregler, Mayor, Gaylord M. Couchman, Donald R. Meyers, Merlin F. Schultz, Council- men. Nays-None. Absent - Councilman Sylvester McCauley. Walter A. Pregler Mayor Leo F. Frommelt City Clerk I hereby certify the above to be ~io~u~a~~~d c~,;e~t:otI;f ¿~~~~~i I on the 5th day of May, A.D. 1969. Leo F. Frommelt City Clerk APPROVAL The above application and res- olution having been filed with the State Comptroller, the transfer re- quested is approved this 9 day of May, 1969. Maurice E. Baringer State Comptroller Chairman State Appeal Board Councilman Meyers moved adop- tion of the Resolution. Seconded by Councilman Couchman. Carried by the following vote: Yeas-Mayor Pregler, Council- men Couchman, Meyers, Schultz. Nays-None. Absent-Councilman McCauley. RESOLUTION NO. 120-69 WHEREAS, applications for Beer Permits have been submitted to this Council for approval and the same have been examined: NOW THEREFORE, Regular Session, May 5, 1969 203 Yeas-Mayor Pregler, Council- Petition of Earl Rohr Jr. et al men Meyers, Schultz. (18 signers) requesting sewage Nays-None. service to 32nd Street and Brueck Absent-Councilmen Couchman, Road, presented and read. Mayor McCauley. Pregler moved that the petition Petition of Dubuque Summer be referred t? the City Engineer Festival Inc. requesting permission for mvestIgatlOn and report. Sec- to use the Dubuque Industrial Park onded by Councll".'an Meyers. Car- for a summer festival to be held TIed by the followmg vote: from July 16th to 20th, presented Yeas-Mayor Pregler, Council- and read. Mayor Pregler moved men Meyers, Schultz. that the petition be approved. Nays-None.. Seconded by Councilman Meyers. Absent-CouncIlmen Couchman, Carried by the following vote: McCauley. Yeas-Mayor Pregler, Council- Petition of Dubuque Memorial men Meyers, Schultz. Day Committee requesting permis- Nays-None. . sion to hold a Memorial Day Absent-CouncIlmen Couchman, Parade on Friday May 30, 1969, McCauley. presented and read. Councilman Petition of The Dubuque Jaycees Meyers moved approval of the requesting permission to use an petition. Seconded by Mayor Preg- outside loud speaker in conjunc- ler. Carried by the following vote: tion with the annual Jaycee Radio Yeas-Mayor Pregler, Council- Day event on May 8, 9, and 10th, men Meyers, Schultz. presented and read. Mayor Pregler Nays-None. moved approval of the petition Absent-Councilmen Couchman, subject to approval of the City McCauley. Manager and staff. Seconded by . . Councilman Schultz. Carried by PetItIon of Navy Club No. 67 the following vote: requestIng. a refund of $100. on Yeas-Mayor Pregler Council- the unexpired portIOn of Class B men Meyers, Schultz. ' Beer License (issued in 1968) No. Nays-None. 75, presented and read. Mayor Absent-Councilmen Couchman Pregler moved that the refund be McCauley. ' granted and the Auditor instructed . . to Issue proper warrant. Seconded PetItion of Dubuqueland Food by Councilman Schultz. Carried by 'N Fun Expo re~uesting p~rmis- the following vote: slOn to conduct a fIreworks display Yeas-Mayor Pregler, Council- at the IndustrIal Park on June 22, men Meyers, Schultz. 1969, presented and read. Mayor Nays-None. Pregler moved that the petition Absent-Councilmen Couchman be denied. Seconded by Council- McCauley. ' man Schultz. Carried by the fol- lowing vote: Petition of Charles 1.. Hamblin Yeas-Mayor Pregler, Council- requesting permission to excavate men Meyers, Schultz. in the 3400 block of Pennsylvania Nays-None. Avenue to connect water main, Absent-Councilmen Couchman presented and read. Councilman McCauley. ' Schultz moved that the petition Petition of American Legion re- be approved.. Seconded by Ma~or questing permission to conduct Pregler. CarrIed by the followmg their annual drum corps parade vote: to be held on July 5, 1969, pre- Yeas-Mayor Pregler, Council- sented and read. Mayor Pregler men Meyers, Schultz. moved that the petition be ap- Nays-None.. proved subject to review by the Absent-CouncIlmen Couchman, City Manager and staff. Seconded McCauley. by Councilman Meyers. Carried by the following vote: Yeas-Mayor Pregler, Council- men Meyers, Schultz. Nays-None. Absent-Councilmen Couchman McCauley. ' 204 Regular Session, May 5, 1969 BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the following applica- tions be granted and licenses he issued upon the compliance with the terms of the ordinances of the City. CLASS "B" BEER PERMIT Herbert F. Bisping, 1401 Elm Street Charles R. Cushing, 1091 Main Street Richard N. Stecklein, 450 West Locust Donald C. Sharpe, M.D., 16th Street Extension Jeanann Majerus, 253 Main Street (Effective date May 26, 1969) CLASS "C" BEER PERMIT Car I VanDuelman, 590 Clarke Drive Passed, adopted and approved this 5th day of May, 1969. Walter A. Pregler Mayor Merlin F. Schultz Donald R. Mevers Councilmen Attest: Leo F. Frommelt City Clerk Councilman Meyers moved adop- tion of the resolution. Seconded by Councilman Schultz. Carried by the following vote: Yeas-Mayor Pregler, Council- men Meyers, Schultz. Nays-None. Absent-Councilmen Couchman, McCauley. RESOLUTION NO. 121-69 WHEREAS, applications for Beer Permits were filed by the within named applicants and they have received the approval of this Council; and WHEREAS, the premises to he 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 Herbert F. Bisping, 1401 Elm Street Charles R. Cushing, 1091 Main Street Richard N. Stecklein, 450 West Locust Donald C. Sharpe, M.D., 16th Street Extension Jeanann Majerus, 253 Main Street (Effective date May 26, 1969) CLASS "C" BEER PERMIT Car I VanDuelman, 590 Clarke Drive 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 5th day of May, 1969. Watler A. Pregler Mayor Merlin F. Schultz Donald R. Meyers Councilmen Attest: Leo F. Frommelt City Clerk Councilman Meyers moved adop- tion of the resolution. Seconded by Mayor Pregler. Carried by the fol- lowing vote: Yeas-Mayor Pregler, Council- men Meyers, Schultz. Nays-None. Absent-Councilmen Couchman, McCauley. RESOLUTION NO. 122-69 WHEREAS, Applications forLiq- 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 Duhuque, 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 hy the 60th General Assembly, 1963. CLASS "C" LIQUOR LICENSE Charles R. Cushing, 1091 Main Street Navy Club Ship No. 67, 342 Main Street Jeanann M. Majerus, 253 Main Street (Effective date May 26, 1969) Passed, adopted and approved this 5th day of May, 1969. Walter A. Pregler Mayor Merlin F. Schultz Donald R. Meyers Councilmen Attest: Leo F. Frommelt City Clerk Mayor Pregler moved adoption of the resolution. Seconded hY Regular Session, May 5, 1969 Councilman Meyers. Carried by the following vote: Yeas-Mayor Pregler, Council- men Meyers, Schultz. Nays-None. Absent-Councilmen Couchman, McCauley. RESOLUTION NO. 123-69 WHEREAS, Applications for Liq- uor Permits were filed by the within named applicants and they have received the approval of this Council, and , WHEREAS, the premises to be occupied by such applicants were inspected and found to comply with the State Law and All City ordinances relevant thereto and they have filed proper bonds. NOW, THEREFORE BE IT RE- SOLVED by the City Council of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named applicants a Liquor Permit. 205 Mayor Pregler moved adoption of the resolution. Seconded by Councilman Meyers. Carried by the following vote: Yeas-Mayor Pregler, Council- men Meyers, Schultz. Nays-None. Absent-Councilmen Couchman, McCauley. There being no further business Mayor Pregler moved to adjourn. Seconded by Councilman Schultz. Carried by the following vote: Yeas-Mayor Pregler, Council- men Meyers, Schultz. Nays-None. Absent-Councilmen Couchman, McCauley. Leo F. Frommelt City Clerk Approved 1969 Adopted 1969 CLASS "C" LIQUOR LICENSE Charles R. Cushing, 1091 Main Street Navy Club Ship No. 67, 342 Main Street Jeanann M. Majerus, 253 Main Street (Effective date May 26, 1969) Passed, adopted and approved this 5th day of May, 1969. Walter A. Pregler Mayor Merlin F. Schultz Donald R. Meyers Councilmen ............................................................ Councilmen Attest: Leo F. Frommelt City Clerk Attest: .................................................. City Clerk. Special Session, May 12, 1969 Special Session, May 12, 1969 207 206 Communication of Harold A. Conzett et al objecting to the pro- posed rezoning of lots 34, 35, 36, 83, 84 and lots 90 through 98 in A. P. Woods Subdivision, and Lot 1 and 2 of 2 in McGraths Sub. and the Wly 7/J' of Lot 1 and Lot 2 of Kirkwood Place, presented and read. Councilman Meyers moved that the communication be re- ceived and filed. Seconded by May- or Pregler. Carried by the follow- ing vote: Yeas-Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays-None. Communication of L. Patrick Showalter et ux objecting to the I proposed apartment complex for Blake Street mainly because they will have apartments in their im- mediate back yard, presented and read. Councilman Meyers moved that the communication be re- ceived and filed. Seconded by May- or Pregler. Carried by the follow- ing vote: Yeas-Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays-None. ily Residence, property described as: Lots 34, 35, 36, 83, 84 and lots 90 through 98 all in A. P. Woods Subdivision, lot 1, and lot 2 of lot 2 in McGrath's Subdivision and the westerly 76 feet of lot 1, and lot 2 of Kirkwood Place. This property consists of 16 vacant lots and 3 residential struc- tures. Several of the vacant lots are a part of an inactive stone quarry. Access to the presently unde- veloped area is from Blake Street -an unimproved street intersect- ing with Kirkwood Street. In viewing the area the Com- mission found that because of the steep topography and soil condi- tion that development for single family or two family structures would be difficult. portions of the streets that are platted but im- proved would be impractical to improve because of the steep grades. It was the opinion of the Com- missiou that Multiple Residence . development of this area would permit a proper and efficient use of the land. It is the recommendation of the Planning and Zoning Commission that the area described above be reclassified from Two Family Res- idence to Multiple Family Res- idence on the Zoning Map. Respectfully submitted, PLANNING AND ZONING COMMISSION Don Gilson City Planner Councilman Meyers moved that the recommendation of the Com- mission be denied. Seconded by Councilman Schultz. Vote ou the motion was as follows: Yea s - Councilmen Meyers, Schultz. Nays-Mayor Pregler, Council- men Couchman, McCauley. MOTION LOST Mayor Pregler moved that the communication of tbe Planning & May 1, 1969 I Zoning Commission be referred to the City Solicitor for proper pro- ceedings. Seconded by Councilman McCauley. Carried by the follow- ing vote: Yeas-Mayor Pregler, Council- men Couchman, Meyers, McCauley. Nays-Councilman Schultz. Mayor Pregler moved that the recommendation of the City At- torney be approved. Seconded by Councilman Meyers. Carried by the following vote: Yeas-Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays-None. CITY COUNCIL OFFICIAL Special Session, May 12, 1969. Council met at 7:30 P.M. (D-S.T.) Present-Mayor Pregler, Coun. cilmen Couchman, Meyers, McCau- ley, Schultz. City Manager Gilbert D- Chavenelle. Mayor Pregler read the call and stated that service thereof had been duly made and this meeting is called for the purpose of author. izing the sale, issuance and deliv. ery of project note. in the aggre- gate principal amount of $4,975,00a and the execution of requisition agreement No.1 in connection with project No- Iowa R.15, Urban Re- newal, and acting upon such other business as may properly come before a regular meeting of the City Council. May 9, 1969 Hon. Mayor and City Council Re: Giese Sheet Metal Co., Inc. Gentlemen: On February 28, 1969, Giese Sheet Metal Co., Inc. of Dubuque, Iowa filed claim against the City of Dubuque, Iowa for damages in the amount of $42.45 allegedly suffered on December 23, 1968 as the result of a plugged floor drain cause by waste materials from Marill Chemical Co. This matter was referred to the appropriate City Agency who made an investigation thereof and re- ported by letter to the City At- torney of no actionable negligence on the part of the City of Du- buque, and in view of the fore- going it is the recommendation of the City Attorney that the claim of the Giese Sheet Metal Co., Inc. be denied. Original claim is attached here- to. Your very truly, R. N. Russo City Attorney Mayor Pregler moved that the recommendation of the City At- torney be approved. Seconded by Councilman Meyers. Carried by the following vote: Yeas-li4ayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays-None. May 7, 1969 To the Honorable Mayor and City Council Gentlemen: 1 am returning to you the letter of Martin Jacobs which proposed an implanted heat system in the pedestrianway to remove snow. I am also enclosing a letter re- ceived from Urban Renewal Direc- I tor, Gent Wittenberg, who inves- tigated the matter. It is apparent that the cost of installing a snow removal system would be considerable. The matter will be thoroughly reviewed again by your staff dur- ing the June budget time. Respectfully submitted, Gilbert D. Chavenelle City Manager Councilman Meyers moved tbat the communication be received and filed. Seconded by Councilman Schultz. Carried by the following vote: Yeas-Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays-None. May 9, 1969 Hon. Mayor and City Council Re: Aid Insurance Services subrogation claim re Patrick Graze Gentlemen: On January 31, 1969, AID Insur- ance Services filed its subrogation claim against the City of Dubuque, Iowa for recovery of damages paid to its insured, Patrick Graze, as the result of damages to a motor vehicle owned by said Patrick Graze on October 17, 1966 caused by a dead tree limb falling on said motor vehicle, claiming damages of $63.86. 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 I of AID Insurance Services he denied. Original claim is returned here- with. Yours very truly, R. N. Russo City Attorney May 9, 1969 Hon. Mayor and City Council Re: Tilferd and Mildred Haugen Gentlemen: On February 28, 1969, Tilferd and Mildred Haugen, of 1135 Kauf- man Avenue, Dubuque, Iowa filed claim against the City of Dubuque, Iowa for damages in the amount of $5,000.00 allegedly suffered on February 23, 1969 as the result of a sewer back up. This matter was referred to the appropriate City Agency who made an investi¡¡ation thereof and Honorable Mayor and Council Members Gentlemen: The City Planning and Zoning Commission has held a public hear- ing on a proposal to reclassify from Two Family to Multiple Fam- Special Session, May 12, 1969 208 Special Session, May 12, 1969 reported by letter to this office on ORDINANCE NO. 26-69 April 28, 1969 of no liability and An Ordinanca Amending tho in view of the foregoing it is the Budget as Approved by Ordi. recommendation of the City Attor- nonce No. 25-69, ney that the claim of Tilferd and presented and read. Mildred Haugen be denied. Councilman Meyers moved that Original claim is attached here- the reading just had be considered to. the first reading of the Ordinance. Yours very truly, Seconded by Mayor Pregler. Car- R. N. Russo ried by the following vote: City Attorney Yeas - Mayor Pregler, Council- Councilman Meyers moved that men Couchman, Meyers, McCauley, the recommendation of the City Schultz. Attorney be approved. Seconded Nays--;-None. by Councilman Couchman. Carried CouncIlman ~eyers move~ that by the following vote: the rule requmng an Ordinance Yeas - Mayor Pregler Council- to be ~ead on three separate days C ,be waIved. Seconded by Mayor men ouchman: Meyers, McCauley. Pregler. Carri d by th f II . Nays-Councilman Schultz. vote: e e 0 owmg Notice of Claim of Lyle Daughe- Yeas - Mayor Pregler, Council- tee Sr., in the amount of $165.73, men Couchman, Meyers, McCauley, for personal injuries received in Schultz. a fall on an ice covered sidewalk Nays-None. near 15th & Main Street on Feb- Councilman Meyers moved that ruary 17, 1969, prese~ted and a public hearing he held on the read. Councilman Meyers moved Ordinance on May 26, 1969, at 7:30 that the claim be referred to the P.M. in the Council Chamber at City Solicitor for investigation and tbe City Hall and that the City report. Seconded by Mayor Preg- Clerk be instructed to publish no- ler. Carried by the following vote: tice of the hearing in the manner Yeas - Mayor Pregler Council- required by law. Seconded by men Couchman, Meyers, McCauley, Councilma~ McCauley. Carried hy Schultz the followmg vote: . Yeas - Mayor Pregler, Council- Nays-None. men Couchman, Meyers, McCau- Notice of Appeal in the matter ley, Schultz. of condemnation of S '"' of Lot Nays-None. 63 in the Urban Renewal Area filed by Leonard Burke d/b/a ORDINANCE NO. 27-69 The Tropic Lounge, presented and An °.rdinence Amending and read. Councilman Meyers moved ChangIng Ordinance No. 3-34 that the notice be referred to the known es the Zoning Map and City Attorney. Seconded by Ma- Zoning Ordinanca of the City of yor Pregler. Carried by the fol- Dubuque, Iowa, so as to change lowing vote: certain property herainafter de- Yeas - Mayor Pregler Council- scribed from "Multiple Family men Couchman Meyers' McCau- Residence District" classifica- ley " tlon to "Single Family Residenca '. District" classification (Wast- Nays-CouncIlman Schultz. chester Subdivision), Notice of Appeal in the matter presented and read. of condemnation of S '"' of Lot Councilman Couchman moved 63 in the Urban Renewal Area that the reading just had be con- filed by James J. Renier et al, pre- sidered the first reading of the sented and read. Councilman Mey- Ordinance. Seconded by Council. ers moved that the notice he re- man Meyers. Carried by the follow- ferred to the City Attorney. Sec- ing vote: onded by Mayor Pregler. Carried Yeas - Mayor Pregler Council- by the following vote: . men Couchman, Meyers, McCauley, Yeas-Mayor Pregler, Councll- Schultz. men Couchman, Meyers, McCau- Nays-None. ley. Councilman Couchman moved Nays-Councilman Schultz. that the rule requiring an Ordi- 209 nance to be read on three separate days be waived. Seconded by Coun- cilman Meyers. Carried by the fol- lowing vote: Yeas - Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays-None. Councilman Couchman moved that a public hearing be held on the Ordinance on June 2, 1969, at 7:30 P.M. in the Council Chamber at the City Hall and that the City Clerk be instructed to publish no- time of the hearing in the man- ner required by law. Seconded by Councilman Meyers. Carried by the following vote: I Yeas - Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays-None. ORDINANCE NO. 28-69 An Ordinance Amending Ordi. nonce No. 3-34 known as the Zoning Map and Zoning Ordi. nance of the City of Dubuque, Iowa, by Amending Article IV, Section 2. (h) Thereof to include certain described real estate In which professional offic.. or studios of a physician, dentist, architect, engineer, lawyer, real. tor, insurance, musician or simi. lor professions may be per. mitted, (Westchester Subdivi. sion), presented and read. Councilman Couchman moved that the reading just had be con- sidered the first reading of the Ordinance. Seconded hy Council- man Meyers. Carried by the fol- lowing vote: Yeas - Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays-None. Councilman Couchman moved that the rule requiring an Ordi- nance to be read on three separate days be waived. Seconded by Coun- cilman Meyers. Carried by the fol- lowing vote: Yeas - Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays-None. Councilman Couchman moved that a public hearing he held on the Ordinance on June 2, 1969, 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 Meyers. Carried by the following vote: Yeas - Mayor Pregler, Council. men Couchman, Meyers, Pregler, Schultz. NaYS-None. Petition of James J. Renier re- view of action taken at the Coun- cil meeting of April 7, 1969, wherein condemnation of property located at 520 Main Street in the Urban Renewal Area was author- ized, presented and read. Mayor Pregler moved that the petition be referred to the Urban Renewal Director. Seconded by Councilman Couchman. Carried by the follow- ing vote: Yeas - Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays-None. Petition of lllinois Central Rail- road Co. requesting vacation of the part of Main Street lying souther- ly of Railroad Avenue-all that part of Railroad Avenue lying east- erly of Main Street-all of the al- ley which extends through Block 28 of Dubuque Harbor Company Addn., presented and read. Mayor Pregler moved that the petition be referred to the Planning & Zoning Commission. Seconded by Council- man Couchman. Carried by the fOllowing vote: Yeas - Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays-None. Petition of Edward J. Rolle and Collier F. Altman requesting re- zoning of Block "A" in Oak Brook to Multiple Family, presented and read. Councilman Couchman moved that the petition be re- ferred to the Planning & Zoning Commission. Seconded by Coun- cilman Schultz. Carried by the fol- lowing vote: Yeas - Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays-None. Petition of United Spanish War Vets, Gen. Fitzhugh Auxiliary re- questing permission to conduct a carnation day on May 17th, pre- sented and read. Councilman Couchman moved that the petition he approved. Seconded by Council. 210 Special Session, May 12, 1969 man Meyers. Carried hy the fol- lowing vote: Yeas - Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays-None. Petition of Dubuqueland Food N' Fun Expo requesting permis- sion to sell Expo buttons in the downtown area from May 12th to June 12th, 1969, presented and read. Councilman McCauley moved that the Council acquiesce in the action already taken and author- ity be given to tbe City Manager to coordinate this sale with sales already granted. Seconded by Ma- yor Pregler. Carried by the follow- ing vote: Yeas - Mayor Pregler, Council. men Couchman, Meyers, McCauley, Schultz- Nays-None. Proof of Publication, certified to hy the Publisher, of notice of Sale of Project Notes in the amount of $4,975,000 to aid in fi. nancing Urban Renewal Project Iowa R-15, presented and read. No written objections were filed and no oral objectors were pres- ent in the Council Chamber at the time set for the public hear- ing. Councilman Meyers moved that the proof of publication be received and filed. Seconded by Councilman Couchman. Carried by the following vote: Yeas - Mayor Pregler, Council- men Couchman, Meyers, McCauley. Nays-None. Not Voting-Councilman Schultz. RESOLUTION NO. 12449 Authorizing the Sale, Issuance and Delivery of Project Notes in the Aggregate Principal Amount of $4,975,000.00 and the Execu- tion of Requisition Agreement No.1 in Connection with Project No. Iowa R.15. WHEREAS, City of Dubuque, Iowa (herein called the "Local Is- suing Agency") has entered into one or more contracts (whicb, to- gether with any supplements there- to or amendments or waivers of any provisions thereof, are herein called the "Contract") with the United States of America (herein called the "Government") provid- ing for a loan by the Government to the Local Issuing Agency for financing the urban renewal, low- '4 ~ rent housing or redevelopment project(s) described in the Con- tract and herein called tbe "Pro. ject"; and WHEREAS, pursuant to adver- tisement for the receipt of propos- als for the purchase of the First Series 1969 of Project Notes (here- in sometimes called "New Project Notes") of tbe Local Issuing Agen- cy aggregating $4,975,000.00, which appeared in a Notice of Sale pub- lished on April 22 and 29, 1969, in the Telegraph-Herald in tbe City of Dubuque, Iowa and in The Daily Bond Buyer in the City of New York, New York, proposals for the purchase of the New Project Notes in the form approved by the Local Issuing Agency were received, opened, and canvassed at the time and place mentioned in said ad- vertisement, to wit: at Council Chambers, 13th and Iowa, City Hall in the City of Dubuque, Iowa 52001 at one o'clock P.M. E.D.S.T., on May 6th, 1969, which proposals are as follows. Name of Bidder: Continental Illinois National Bank and Trust Company of Chicago and First Boston Corporation; Interest Rate, 4.58%; Principal Amount, $4,975,- 000; Premium, $55.00. Name of Bidder: Morgan Guar- anty Trust Company of N.Y. and Salomon Brothers and Hutzler; In- terest Rate, 4.54%; Principal Amount, $4,975,000; Premium, $80.00. Name of Bidder: Mellon Nation. al Bank and Trust; Interest Rate, 4.41 %; Principal Amount, $4,975,- 000; Premium, $85.00. Name of Bidder: Bank of Amer- ica, N. T. & S. A. and First Nation- al City Bank; Interest Rate, 4.31%; Principal Amount, $4,975,000; Pre- mium, $105.00. NOW THEREFORE: BE IT RESOLVED by the City Council of the City of Dubuque, Iowa: Section 1. The aforesaid puhli- cation of the Notice of Sale and the form and contents thereof as so published are hereby, in all re- spects, approved, ratified and con- firmed. Section 2. In order to provide funds to pay expenses incurred or to be incurred in the development , of the Project, or to refund, renew Special Session, May 12, 1969 211 or extend its outstanding Notes is. sued in connection therewith, the Local Issuing Agency hereby de- termines to borrow the sum of Four Million Nine Hundred Sev- enty Five Thousand Dollars ($4,975,000.00 and issue its nego. tiable Project Notes therefor. Section 3. The Local Issuing Agency hereby ratifies and ap- proves the form of each proposal hereinafter in this Section 3 enu- merated for the purchase of the designated principal amount of Notes and determines that each such proposal offers to purchase such Notes at the lowest interest rate and is tberefore accepted, and said Notes are hereby awarded to the purchaser, as follows: Principal Amount, $4,975,000.00; Interest Rate, 4.31%; Purchaser, Bank of America, N. T. & S. A. and First National City Bank, 300 Montgomery, San Francisco, Cali- fornia 94120. Sec. 4. Each Note shall be dated June 3, 1969, shall be payable as to both principal and interest to bearer, on October 17, 1969, and, pursuant to each proposal for the purchase of said Notes herein- above accepted, sball bear the rate of interest per annum, pay- able at maturity; shall bear the numbers and be in the denomina- tions; and shall be payable as to both principal and interest at the incorporated bank having trust powers or incorporated trust com- pany, as follows: Purchaser: Bank of America, N. T. & S. A. and First National City Bank, 300 Montgomery, San Fran. cisco, Calif. 94120. Numbers Denominations 1-23 ............................$100,000 24-47 ............................ 50,000 48-89 ................".......... 25,000 90-114............................ 10,000 115-149............."............. 5,000 Interest Rate, 4.31%; Payable at First National City Bank, 111 Wall Street, New York, N.Y. 10015. None of such Notes shall be valid until after the bank or trust company at which it is payable shall have signed the agreement, appearing on each Note, to act as paying agent thereof. Each such Note shall be executed in the name of the Local Issuing Agency by the manual or facsimile signature of the Mayor & City Treasurer of the Local Issuing Agency and shall have the corporate seal of the Local Issuing Agency impressed, imprinted or reproduced thereon and attested hy the City Clerk, and said officers are hereby author- ized and directed to cause said Notes to be properly executed. Section 5. Each such Note shall be in substantially the form of HUD-90lO, which is incorporated herein by reference, and shall be secured by an agreement entitled "Requisition Agreement No.1" (berein called the "Requisition Agreement"), in substantially the form of HUD-9003, which is incorp- orated herein by reference, to be entered into hetween the Local Issuing Agency and the Govern- ment. Section 6. The Requisition Agree- ment shall be executed in the name of the Local Issuing Agency by the manual or facsimile signa. ture of the Mayor & City Treasurer of the Local Issuing Agency and shall bave the corporate seal of the Local Issuing Agency impressed, imprinted or reproduced thereon and attested by the City Clerk, and said officers are hereby authorized and directed to cause the Requisi- tion Agreement to be properly exe- cuted. Section 7. For the punctual pay- ment of the principal of and inter. est on the New Project Notes, the Local Issuing Agency hereby ex- pressly and irrevocably promises to pay any sums which may be re- ceived from the Government pur- suant to the Requisition Agree- ment relating to such series of Project Notes and said Agreement, when executed by the Government, is hereby declared to be and is hereby assigned by the Local Issu- ing Agency for the benefit of the holder or holders from time to time of the New Project Notes. All contributions, funds and amounts authorized or required by the Con- tract to be applied to the payment of Project Loan Notes (referred to in the Contract as "Project Tempor- ary Loan Obligations," "Advance Notes" or "Permanent Notes") as issued in connection with the Pro- ject are hereby irrevocably pledged to secure the payment of the prin- cipal of and interest to maturity on the New Project Notes. 212 Special Session, May 12, 1969 Such pledge and the lien created thereby sball cease and terminate when monies or investment se. curities convertible into cash not later than the maturity date of the New Project Notes, sufficient and for the purpose of paying the principal and interest to maturity on such Notes, are deposited with the paying agent or agents for such Notes. Section 8. The proceeds derived from the sale of the New Project Notes, together with such amount of other funds of the Local Issu- ing Agency as may be necessary, shall be applied, simultaneously with the receipt of said proceeds, in accordance with tbe provisions of the Requisition Agreement. Section 9. The City Treasurer is hereby authorized and directed to send promptly a letter to each pay- ing agent for the New Project Notes in substantially the form of HUD-9004, which is incorporated herein by reference, and to trans- mit therewith (a) the New Project Notes for which the addressee is the paying agent for delivery and payment and (b) a signature cer- tificate and receipt, in accordance with the terms of said letter, and to take such other actions as may be required to complete the deliv- ery transaction in accordance with the terms of the letter to the pay- ing agent. Passed, approved and adopted this 12th day of May, 1969. Walter A. Pregler Mayor Sylvester McCauley Donald R. Meyers Gaylord M. Couchman City Councilmen Attest: Leo F. Frommelt City Clerk Councilman McCauley moved adoption of the resolution. Sec- onded by Mayor Pregler. Carried by the following vote: Yeas - Mayor Pregler, Council- men Couchman, Meyers, McCauley. Nays-None. Not Voting-Councilman Schultz. RESOLUTION NO. 125-69 WHEREAS, Richard C. Henschel and Mildred L. Henschel, his wife, have conveyed the following de- scribed real estate: Lot 10 in "Peg-o Mesa" in the City of Dubuque, Iowa, accord- ing to the recorded plat thereof to the City of Dubuque, Iowa; NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section I. That the delivery of the Warranty Deed, dated May 5, 1969, executed by Richard C. Hen- schel and Mildred L. Henschel, his wife, conveying to the City of Du- buque, Iowa the above described real estate be and the same is hereby accepted. Section 2. That the City Clerk be and he is hereby authorized and directed to accept said War- ranty Deed to be recorded in the office of the Dubuque County Re- corder. Passed, approved and adopted this 12th day of May, 1969. Walter A. Pregler Mayor Sylvester McCauley Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Councilman Meyers moved adop- tion of the resolution. Seconded by Councilman Couchman. Carried hy the following vote: Yeas - Mayor Pregler, Council. men Couchman, Meyers, McCauley, Schultz. Nays-None. RESOLUTION NO. 126-69 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 Duhuque, Iowa, be granted a permit to sell Cigarettes and Cigarette Papers within said City. Montgomery Ward & Co., Kennedy Mall, 555 John F. Kennedy Road BE IT FURTHER RESOLVED that the bonds filed with the ap- plication he approved. Passed, adopted and approved this 12th day of May, 1969. Walter A. Pregler Mayor Sylvester McCauley Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen 213 Manager be and he is hereby di- rected to issue to the following named applicants a Beer Permit. CLASS "B" BEER PERMIT Denise O'Neill, 55 Locust Street Paul W. Schollmeyer, 176 Locust Street CLASS "C" BEER PERMIT Lil Giant Food Stores Inc., 2644 Pennsylvania 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 12th day of May, 1969. Walter A. Pregler Mayor Sylvester McCauley Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Attest: Councilmen Leo F. Frommelt, City Clerk Mayor Pregler moved adoption of the resolution. Seconded by Councilman Couchman. Carried by the following vote: Yeas - Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays-None. There being no further business Mayor Pregler moved to adjourn. Seconded by Councilman Couch- man. Carried by the following vote: Yeas - Mayor Pregler, Council. men Couchman, Meyers, McCauley, Schultz. Nays-None. Leo F. Frommelt, City Clerk Special Session, May 12, 1969 Attest: Leo F. Frommelt City Clerk Councilman Meyers moved adop- tion of the resolution. Seconded by Mayor Pregler. Carried by the fol- lowing vote: Yeas - Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays-None. RESOLUTION NO. 127-69 WHEREAS, applications for Beer Permits have been submitted to this Council for approval and the same have been examined, NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the following applica- tions be granted and licenses he issued upon the compliance with the terms of the ordinances of the City. CLASS "B" BEER PERMIT Denise O'Neill, 55 Locust Street Paul W. Schollmeyer, 176 Locust Street CLASS "C" BEER PERMIT Lil' Giant Food Store Inc., 2644 Pennsylvania Avenue Passed, adopted and approved this 12th day of May, 1969. Walter A. Pregler Mayor Sylvester McCauley Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt, City Clerk Councilman Meyers moved adop- tion of the resolution. Seconded by Mayor Pregler. Carried by the following vote: Yeas - Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays-None. RESOLUTION NO. 128-69 WIIEBEAS, 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 I. 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 Approved ..............................1969. Adopted ..................................1969. ............................................................ Councilmen Attest: .................................................. City Clerk. Special Session, May 20, 1969 relative to the Housing of City Government. You charged us with the follow- ing: 1. Investigate and evaluate those operations of City Government which are now outside the City Hall. Consider the amount of money paid for the rental of these facilities and the loss of efficiency due to their proxim- ity from other departments. 2. Examine the present City Hall for space implementation, func- tional efficiency and overall physical condition. 3. Request from tbe County-City Authority those statistics perti- nent to the requirements of accepted practice relative to the space the City should be us- ing to offer efficient and ex- peditious operating methods. Compare these figures with the area now being used in City Hall. 4. Compare the cost of property in the Urban Renewal area with the cost of land in other areas of the City which might seem suitable for housing a govern- ment building. The charges were presented to the Advisory Commission on March 25, 1969. A great many man hours have been expended in the two months since then in an ef- fort to compile a fair, factual and forthright report addressed to those charged. This committee ac- knowledges with appreciation the assistance and cooperation of City employees, members of the Coun- ty-City Authority and citizens who have been long concerned with the housing of their City Government. We hope the report, conclusions and recommendations will help the Council in its attempt to solve a problem that has defied resolution since before the turn of the cen- tury. On November 30, 1889, the Du- buque Daily Herald reported that the Dubuque City Council had rec- ommended that the Dubuque City Hall he condemned and torn down; that the building was considered a disgrace. Seventy-nine years and six months later we are still wres- tling with the problem. Special Session, May 20, 1969 214 215 We appreciate this opportunity to participate. Respectfully submitted, Roger J. Rhomberg Chairman Dubuque Advisory Commission Keith Sheehy Vice-Chairman Dubuque Advisory Commission DUBUQUE CITIZENS ADVISORY COMMISSION REPORT ON CITY GOVERNMENT FACILITIES Mathod of Procedure The Advisory Commission was I divided into four sub-committees. Each sub-committee was assigned one of the charges given to us by the Council. Each sub-committee submitted a written report. These reports in their entirety are on file in the minutes of the Advisory Commis- sion meetings. An Executive Committee then blended the sub-committee reports into a summary report to be sub- mitted to the City Council. The Advisory Committee again met on May 19th to consider the final draft of the summary report, adopting it unanimously. I. Invastigate and evaluate th- I operations of City Government which ora now outside tho City Hall. Consider the amount of mon- ey paid for the rental of these f.. cilities and the loss of efficiency due to their proximity from other departments. Rental Office Space: Dubuque Street and Sanitation Department 'The City Attorney is Part time. He receives an $80 a month office allowance in addition to salary. Departments such as Urban Re- newal and Planning and Zoning are particularly hampered in their physical separation from City Hall. Both Departments have almost constant need for access to infor- mation kept in the City Engineer's Office and the City Manager's Of- fice. Both have need of frequent conferences with other Depart. ment Heads. Not only is there a substantial loss of man hours, but efficiency is diminished as a result of less communications than are desirable. The efficiency of both the Po- lice Department and the Munici- pal Court would he improved by common housing. With an already understaffed Police Department, it is undesirable to spread the man- power thinner by having the Mu- nicipal Court housed in a separate location. The City of Dubuque is in a period of relatively rapid growth. This committee believes the effi- cient operation of municipal gov- ernment would be enhanced if the purely administrative functions of the following Departments could be housed in the same building as the City Administration: Recreation Department Street and Sanitation Department Parks Department Dock Commission Space for the administrator and secretarial help for these Depart- ments should he located in City Hall. This becomes even more de- sirable in the future as the City continues to grow. Office space for the City Attor- ney should also be provided in City Hall. Secretarial help should maintain the office during norma) husiness hours whether or not the City ever decides to make the posl. tion a full time job. 2. Examine the prasent City Hall for space implementation, func. tional efficianey end overall physl. cal condition. The City Hall is being used far beyond any capacity imagined CITY COUNCIL OFFICIAL Special Session, May 20, 1969. Council met at 7:30 P.M. (D.S.T.) Present - Mayor Pregler, Coun. cilmen Couchman, Meyers, McCau- ley, Schultz. City Manager Gilbart D. Chavenelle. Mayor Pregler read the call and stated that service thereof had been duly made and this meeting is called for the purpose of CON- SIDERING AWARD OF CON- TRACT FOR THE CONSTRUC- TION OF A FffiE DEPARTMENT HEADQUARTERS BUILDING AT NINTH STREET AND CENTRAL AVENUE, and acting upon such other business as may properly come before a regular meeting of the City Council. Printed Council proceedings for the month of February 1969, pre- I sented for approval. Mayor Preg- . ler moved that the Council pro- ceedings for the month of Feb- ruary 1969 be approved as print- ed. Seconded by Councilman Mey- ers. Carried by the following vote: Yeas -Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays-None. Communication of Dubuque Dock Commission submitting Re- newal of lease covering use of Naval Reserve area, in Hams Addn. from July 1, 1969 to June 30, 1970, recommending execution of same, presented and read. Councilman Meyers moved approv- al of renewal of the lease. Sec- onded by Mayor Pregler. Carried by the following vote: Yeas - Mayor Pregler, Coun- cilmen Couchman, Meyers, McCau- ley, Schultz. Nays-None. Sq.Ft. Rent Dubuque Planning and Zoning Dept. 1,200 $1,800 Dubuque Municipal Court 3,674 11,400 Dubuque Urban Renewal Dept. 750 2,080 Total Annual Rent: $15,280 These rented facilities are all in the Fischer Building, 909 Main Street. Other Departments housed outside City Hall: Dubuque Fire Department Dubuque Recreation Department Dubuque Parks Department Dubuque Airport 'Dubuque City Attorney Dubuque Dock Commission May 20, 1969 To the Honorable Mayor and Members of the City Council Gentlemen: We are pleased to submit here- with a report requested by you 216 when originally constructed in 1857. Obviously, any building 112 years old has significant deficien- cies. While the exterior appears to be structurally sound and well kept, the interior has both serious and hazardous structural defi- ciencies and a woefully inadequate amount of space. It should be noted that the City Hall was constructed to serve as a combination seat of government and public market place when the population of Dubuque was less than one-fifth its present size. Even a complete remodeling of the interior to correct structural deficiencies would fail to provide sufficient room to house munici- pal government today, much less in the years to come. While all Departroents are se- verely cramped for space, there are several situations which re- quire special notation. a) One small room of about 36 square feet, with barely enough room for a desk and chair is used to house six detectives. If more than one person is heing interro- gated, the corridors are often used. b) The Youth Bureau Officer has no office. He is located in a corner of the Records Room and must interview juveniles and their parents in semi-public situations. c) Police Department space is so limited that lockers line the corridors and walls. d) The City Clerk, City Treas- urer and City Auditor Offices are crowded together in space barely adequate for anyone office. As a result, many records that should be readily accessible are stored in other parts of the building. The lack of space also restricts the consideration of modern office ma- chines, thus diminishing the effec- tiveness of these Departments. e) Rest room facilities are very inadequate. There are no shower facilities for either Police or pris- oners. A small men's room on the first floor serves as the only facil- ity for male employees on both the first and second floor, the Police Department and the puhlic. There is a small women's rest room be- neath the stairs leading to the sec- ond floor and another on the sec- ond floor. Special Session, May 20, 1969 f) Conference space is at a pre- mium. The only room available is the Council Chambers. As a result few meetings are held at City Hall and time is lost with City em- ployees attending meetings else- where. g) Shelf and storage space is al- so inadequate, and many City Hall employees are forced to use win- dow sills, etc. as a place to store reference materials. h) The entire Building Depart- ment is housed in a space not much larger than a good sized liv- ing room. Privacy in consultation is a practical impossibility. The examples of inadequacy of space are nearly countless. City employees forced to work under these conditions are due a special measure of appreciation from the people they serve. Special mention should also be made of the fire hazard, particu- larly for Engineering Departroent employees at the west end of the third floor. 3- Request from the City.County authority those statistics pertinent to the requirements of accepted practice relative to the space the City should be using to offar efti. cient and expeditious operating methods. Compare these figures with tho area now being used in City Hall. Using criteria developed and generally accepted by architects we conclude that the present City Hall has only 43% of the desirable capacity for housing Dubuque City Government. This space limitation is not surprising. The building was constructed when the City's popu- lation was about 12,000. In general categories we present the following information: Present Pre.. Space ently Needed General Administra- tion, Council 1,826 4,867 Other Administrative Staff (Clerk, Treas- urer, Auditor, etc.) Police Department (Inc. Pistol range) Engineering Depart- ment-Building De- partment 2,550 4,207 1,150 2,338 6,348 10,348 Special Session, May 20, 1969 217 Water Department 1,080 1,747 Health Department 629 1,163 General Purpose (Com- puter room, storage, etc.) 2,525 6,900 .Departments house elsewhere Totals 16,108 37,782 .Includes: Municipal Court, Plan- ning and Zoning, Urban Renew- al, Recreation Director, Parks Superintendent, Dock Commis- sion Office, Street Commission- er and City Attorney. The space need is obvious. The cramped quarters cause congestion, inefficiency, lack of privacy for citizens dealing with City Officers, health and safety hazards. NOTE: The difference between the square foot needs cited in this report and in the sub-committee report reflects adjustments of presently used space by Depart- ments located in the City Hall to presently needed space for those Departments. 4. Compare the cost of property in the Urban Renewal Area with the cost of land In other are.. of the City which might _m suit. able for housing e government building. Keep In mind a/l the Improvements, costs, etc., which would be fulfilled by Urban Re- newal. The Commission agreed that a suitable site for housing City Gov- ernment should: a) be easily accessible by auto- mobile or bus, b) be near other Governmental facilities, Particularly those of County Government, and c) be in harmony with the gen- eral development plan for the City. Suitable sites for a facility to house City Government are con- fined to an area bounded by Sec- ond Street on the South, the bloffs on the West, Fourteenth Street on the North and Central Avenue on the East. The land costs in this area will vary substantially depending on location and the type of improve- ments that are on the site. The cost of sites within the Ur- ban Renewal project area can be purchased at a "fair market price" for cleared land. Costs outside the project area will include land, the value of any buildings on that land, demolition costs and all oth- er costs involved in preparing the site for construction. The site between Iowa and Main Street, Fourth and Fifth Streets is estimated at $2.75 a square foot. A site outside the project area, but within the area considered suitable, was recently leased on the basis of a real value of $6.00 per square foot. The cost of land will represent a small percentage of the total cost of a facility to house City Government and should BOt be a major factor in site selection. 5. The leHer from the City Council conveying the charge to the Advisory Commission also suggested we should feel free to contact the County Advisory Com. mission should we daem It neee.. sary to correlate our racommend.. tions with theirs. However, because we were spe- cifically charged with examining and evaluating facilities for hous- ing City Government and because we desire to keep this report as objective as possible and as free of obfuscating arguments as possi- ble, we chose not to discuss the issue with the County Advisory group at this time. We concluded tbat initial discussion of combined facilities, if any, should be broached on the policy making level first. We are residents and taxpayers of the County of Dubuque; and, as such, we are not unaware of recommendations made by the County Advisory Commission two months ago. To that extent we make the fOllowing observations: a) The County report clearly states that present facilities hous- ing County Government are obso- lete, inadequate, inefficient and hazardous. Our report just as clearly makes the same comment on City facilities. b) The County report says re- modeling and enlargement of the County Court House is not feas- ible. We say the same about the City Hall. c) The County report says a new Court House should be constructed in the downtown area. Our report 5,940 218 Special Session, May 20, 1969 says a new City Hall should he constructed in the downtown area. d) The County report says a ref- erendum for a new Court House should be held as soon as possible. We recommend that a referendum on a new City Hall should be scheduled as soon as possible. eJ The County report says con- tact should be made with the City to discuss the sharing of land. We recommend the City make con- tact with the County to discuss not only the sharing of land, but the sharing of facilities as well. In this time of high construction costs, high interest rates, increas- ing inter-governmental coopera- tion, and the need to seek ways to make maximum use of our tax dollars, common sense dictates a single facility to house both units of government, for the conserva- tion of both capital construction costs and future operating costs and efficiency. Since the need of botb facilities ia obvious and immediate, we strongly recommend that the City Council confer as soon as possible with the Board of Supervisors to discuss the benefits of a joint fa- cility. If, for any reason, separate fa- cilities are indicated, this commis- sion, made up entirely of county residents and taxpayers, would have to recommend that City facil- Ities take priority. The City Hall problem, in our judgment, is more critical (by 30 years) than the County Court House problem. It is also our sincere belief that the cost of these facilities should be spread over as long a period of time as possible. The construction of a joint facility permits the cost to he spread over two generations by virtue of legislation permitting a bond issue up to 50 years. Legis- lation governing separate facilities requires bond repayment within 20 years loading the entire cost of the facilities on a single genera- tion. Since the initial discussion of a joint facility began several years ago, construction costs and inter- est rates have continued on an up- ward spiral. We fully appreciate that there will be a desire to mini- mize the size of any bond issue. We respectfully caution against a "penny wise, pound foolish" ap- proach which might lead us to construction of facilities inade- quate to meet the demands of the immediate future. We believe it of importance to the future of Du- buque that any facility, joint or separate, be sufficient to meet the foreseeable needs for the housing of government in Dubuque. We wish to avoid the situation present- ly faced by Waterloo and Black Hawk County, in which relatively new facilities are already inade- quate and Departments are using space outside the new buildings. In conclusion, we quote from the Dubuque Herald, January, 1895, "The City has a new and modern engine house, a new court house and other fine looking puhlic buildings, but the City Hall is an eyesore to the residents of the City and to the visitors." The City is about to have a new, modern engine house. Let us not wait for the cycle to repeat itself. Councilman Schultz moved that the report be received and filed. Seconded by Mayor Pregler. Car- ried hy the following vote: Yeas - Mayor Pregler, Coun- cilmen Couchman, Meyers, McCau- ley, Schultz. Nays-None. Mayor Pregler moved that the report be made a matter of record in the interest of posterity. Sec- onded hy Councilman Couchman. Carried hy the following vote: Yeas - Mayor Pregler, Coun- cilmen Couchman, Meyers, Mc- Cauley, Schultz. Nays-None. Councilman Couchman moved that the Mayor contact the Board of Supervisors to arrange for a meeting to discuss housing facili- ties for the governmental bodies. Seconded by Councilman Meyers. Carried by the following vote: Yeas - Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays-None. May 19, 1969 To the Honorable Mayor and City Council Gentlemen: I am enclosing a letter which 1 received from Jerry R. Kramer requesting the installation of a street light at the foot of Pleas- ant Street and Stafford. -~'C--~""" Special Session, May 20, 1969 219 The city electrical inspector has I am also enclosing a letter re- viewed the location and it is rec- ceived from City Planner Gilson ommended that a 4000 lumen in- dated May 9th and a plat of the candescent light be installed as two lots concerned. requested. Respectfully submitted, Respectfully submitted, Gilbert D. Chavenelle Gilbert D. Chavenelle City Manager City Manager Councilman McCauley moved Mayor Pregler moved that the that the recommendation of the recommendatiou of the City Man- City Manager be approved. Sec- ager be approved. Seconded by onded by Councilman Couchman. Councilman Meyers. Carried by Carried by the following vote: the following vote: Yeas - Mayor Pregler Council- Yeas - Mayor Pregler, Council- men Cuochman, Meyers: McCau- men Couchman, Meyers, McCauley, ley, Schultz. Schultz. Nays-None. Nays-None. May 12 1969 May 19, 1969 To the Honorable Mayor' To th~ Honorable Mayor and City Council and City Councll Gentlemen: Gentlemen: I am returning to yoU a petition. On March 18, 1968 YOU author- for street lights on Bies and Keb- lz~d and accepted an agreement hie Drives. ~"th . the .League of. Iowa. Mumc- It is recommended that four 175 IpahtJes, 10 cooperation WIth the watt mercury vapor lights be in- approPrJate state and feder~1 agen- stalled at the following locations: f~:cin~o ~Fd:r~~a~~i~l d":~~~d:~~ 1. O!, pole at rear of church on system covering all aspects of the Bles Dr. fiscal process at the local level 2. On pole at start of bend near and integrating this with other 1640 Bies Dr. local and state reporting systems. 3. On southeast corner of the in- From the time of the agreement tersection of Bies Dr. and Dan- to the present, the project plan iels Street has been developed and approved 4. On pole located on the inter- by the federal and state agencies. section of Daniels and Kebbie, Also, a speclal consultant, Baxter southwest corner and McDonald and Company, has Respectfully been selected and the services Gilbert D. èhavenelle which the consultant will perform City Manager has been Worked out 10 detaIl. C '1 M mo ed that I submit for your consideration ounCl man eyers v . a proposed new contract with the the recommendatIOn of the CIty League of Iowa Municipalities a Manager. be approved. Se~onded part of which is the "Scope of by CounCll.man Schultz. CarrIed by Services" which outlines the work the folloWlOg vote: . to be performed by the special Yeas - Mayor Pregler, CouncIl- consultant. This should be made men Couchman, Meyers, McCau- a part of Our agreement with the ley, Schultz. League. Nays-None- I have reviewed the outline of May 12, 1969 the work to be done and find that To the Honora~le Mayor it meets the objectives which Were and Clty Councll planned for the study of the city'S Gentlemen: . . financial reporting system. . I am returwng to you the p~tJ- I recommend and request that tion of James J. Gruber requestmg the Mayor be authorized to sign that. the city sell. ~ts 314 and the new agreement. 315 m Lennox AdditIOn. I am also attaching a summary It is necessary for the city to of the Scope of Services, and retain a 30 foot storm sewer ease- Copies of a letter of Mr. Hays and ment across this property and, contract with State of Iowa. consequently, it is recommended Respectfully, that the city retain ownerShip of Gilbert D. Chavenelle the lots rather than sell them. City Manager 220 Special Session, May 20, 1969 Councilman McCauley moved ap- proval of the recommendation and the Mayor be authorized to sign. Seconded by Councilman Couch- man. Carried by the following vote: Yeas-Mayor Pregler, Council- men Couchman, Meyers, McCauley. Nays-None. Not Voting-Councilman Schultz. May 16, 1969 To the Honorable Mayor and Members of the City Council Gentlemen: 10 accordance with the provi- sions of Chapter 365 of the 1965 Code of Iowa, the Civil Service Commission conducted written ex- aminations for the position of WATER PLANT OPERATOR, on Wednesday evening May 14, 1969. The following have passed the written examination with an aver- age of 70% or better and are here- by certified. None Respectfully submitted, Louis F. Fautsch Chairman Gerard B. Noonan LeRoy H. Giles Civil Service Commission Attest: Leo F. Frommelt Clerk Subscribed and sworn to before me this 16 day of May 1969. Violet Savary Notary Public Councilman Meyers moved that the communication be received and made a matter of record. Seconded by Councilman Schultz. Carried hy the following vote: Yeas-Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays-None. May 16, 1969 To the Honorable Mayor and Members of the City Council Gentlemen: 10 accordance with the provi- sions of Chapter 365 of the 1966 Code of Iowa, the Civil Service Commission conducted written ex- aminatiom for the position of ELECTRICAL INSPECTOR 1, on Wednesday evening, May 14, 1969. The following have passed the written examination with an aver- age of 70% or better and are hereby certified. Alber, Edward O. 87.5% Willging, Arthur J. 83.1 % Respectfully submitted Louis F. Fautsch ' Chairman Gerard B. Noonan LeRoy H. Giles Civil Service Commission Attest: Leo F. Frommelt Clerk Suhscribed and sworn to before me this 16 day of May 1969. Violet Savary Notary Public Mayor Pregler moved that the communication he received and made a matter of record. Seconded by Councilman Meyers. Carried by the following vote: Yeas-Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays-None. May 12, 1969 Hon. Mayor & City Council Re: Kendrick G. Williams Waterloo, Iowa Gentlemen: On March 20, 1969, Kendrick G. Williams of 1116 Bourland, Water- loo, Iowa, filed claim against the City of Dubuaue, Iowa for damages allegedly suffered on March 5, 1969 as the result of driving over or striking a steel pipe hroken off about four inches a h 0 v e the ground and located at or near a point where the sidewalk and drive meet at the driveway into the drive next to the Gallery, lo- cated in Dubuque, Iowa causing damages to his tire in the amount of $15.00. This matter was referred to the City Attorney who has made an investigation thereof and finds nO actionable negligence on the part of the City of Dubuque and it is therefore the recommendation of the City Attorney that the claim of Kendrick G. Williams be denied. Original claim is returned here- with. Yours very truly, R. N. Russo City Attorney Councilman McCauley moved that the recomemndation of the City Attorney be approved. Sec. Special Session, May 20, 1969 221 onded by Mayor Pregler. Carried by the following vote: Yeas-Mayor Pregler, Council- men Couchmoo, Meyers, McCauley, Schultz. Nays-None. Petition of Hillcrest Investment loc. requesting rezoning of Block 19 Key Knolls Subdivision to pro- fessional use classification, pre- sented and read. Mayor Pregler moved that the petition be re- ferred to the Planning & Zoning Commission. Seconded by Council- man Meyers. Carried by the fol- I lowing vote: Yeas-Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays-None. Petition of Delos A. Dorweiler requesting that the lot located at 2105 Kennedy Road be rezoned to include the professional use classification, presented and read. Councilman McCauley moved that the petition be referred to the Planning & Zoning Commission. Seconded by Mayor Pregler. Car- ried by the following vote: Yeas-Mayor Pregler, Council- :;:,~':,¡~~uchman, Meyers, McCauley, I Nays-None. Petition of Groodview Park-Pla- za Corporation et al requesting purchase of an area of Rowan Street, lying east of the improved portion, abutting lots I and 2 of Conners Grandview Place at a suggested price of $100. presented and read. Mayor Pregler moved that the petition be referred to the City Manager for investigation and report. Seconded by Council- moo Couchman. Carried by the following vote: Yeas-Mayor Pregler, Council- men Couchman, Meyers, McCauley, sc~~;~None. I Petition of Richard A. Foecking requesting a refund of $150. on the unexpired portion of Class B Beer license No. 25, as he has discontinued business on May 15, 1969, presented and read. Mayor Pregler moved that the refund be granted and the Auditor instruct- ed to issue proper warrant. Sec- onded by Councilman Meyers. Car- ried by the following vote: Yeas-Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays-None. Petition of Recreation Commis- sion requesting permIssion to use the mobile sound system on 8th & Main on May 26th from six to nine P.M. and also in the neigh- borhoods from three to six P.M. on June 9th, 10th and 11th, to advertise their SUmmer programs, presented and read. Mayor Pregler moved that the petition be grant- ed. Seconded by Councilman Couchman. Carried by the follow- ing vote: Yeas-Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays-None. Mayor Pregler moved that the rules be suspended in order to let anyone address the Council if they so desire. Seconded by Coun- cilman McCauley. Carried by the following vote: Yeas-Mayor Prgeler, Council- men Couchman, Meyers, ,McCauley! Schultz. Nays-None. Mr. Ward Horton, assistant direc- tor of recreation, presented the Council with a printed brochure describing the various summer ac- tivities of the Recreation Com- mission. RESOLUTION NO. 129-69 WHEREAS, there has been pre- sented a plat of Lot 2 of Lot 10 of Block 4 in Riverfront Subdivi- sion No.2 in the City of Dubuque, Iowa, dated March 10, 1969, pre- pared by A. A. Rhomberg, profes- sional engineer and surveyor, and WHEREAS, said plat conforms to the ordinances of the City of Dubuque, Iowa ud the statutes of Iowa regulating the platting of property, NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section I. That the plat of the Subdivision of Lot 10 of Block 4 in Riverfront Subdivision No.2 in the City of Dubuque, Iowa pre- pared by A. A. Rhomberg, profes- sional civil engineer and surveyor, dated March 10, 1969 be and the same is hereby approved. Section 2. That the Mayor and the City Clerk be and they are 222 Special Session, May 20, 1969 hereby authorized and directed to execute said plat for and on be- half of the City of Dubuque, Iowa. Passed, approved and adopted this 20th day of May, 1969. Walter A. Pregler Mayor Sylvester McCauley Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt Ctiy Clerk Councilman Meyers moved adop- tion of the resolution. Seconded by Mayor Pregler. Carried by the following vote: Yeas-Mayor Pregler, Council- men Couchman, Meyers, McCauley- Schultz. Nays-None. RESOLUTION NO. 130-69 WHEREAS, the Board of Dock Commissioners has entered into a written lease with Hodge Transit Warehouse Co. and Thruput Ter- minals, Inc., and WHEREAS, it is necessary that said Lessees acquire an easement for industrial spur track in, over and across Lot I of Lot 10 of Block 4 of Riverfront Subdivision No.2 in the City of Dubuque, Iowa and t hat said easement should be granted. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Saction 1. That grant of ease- ment to Hodge Transit Warehouse Co. and Thruput Terminal loc., for industrial spur track in, over and across Lot I of Lot 10 of Block 4 of Riverfront Subdivision No.2 designated easement "A" on plat dated March 10, 1969 pre- pared by A. A. Rhomberg, profes- sional civil engineer and land sur- veyor be and the same is hereby approved. Section 2. That the City Clerk be and he is hereby authorized and directed to publish notice of intent to dispose of interest in real estate as is by law required. passed, approved and adopted this 20th day of May, 1969. Walter A. Pregler Mayor Sylvester McCauley Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Councilman Meyers moved adop- tion of the resolution. Seconded by Mayor Pregler. Carried by the following vote: Yeas-Mayor Pregler, Council- men.Couchman, Meyers, McCauley, Schultz. Nays-None. Proof of Publication, certified to by the publisher, of notice of tak- ing bids for the construction and erection of the Fire Department Headquarters building to be lo- cated at Ninth Street and Central Avenue in the City of Dubuque, Iowa, presented and read. Mayor Pregler moved that the proof of publication be received and filed. Seconded by Councilman Schultz. Carried by the following vote: Yeas-Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays-None. Some discussion arose as to pos- sible Federal assistance if award of contract for the construction of the Fire Headquarters be de- layed until after July 1. Applica- tion has been made in the amount of $60,000 as a contributing factor to include an emergency center in the construction of the new fire headquarters. Due to the cut- back of Federal assistance avail- able in other fields such as flood control etc. chances of receiving Federal aid are some what slim. City Manager Chavenelle and Fire Chief Dunphy both recommended that construction of the new Fire Headquarters proceed on schedule because of the small chance of receiving Federal aid and that the contract be awarded now. The City is still eligible for the grant even if construction hegins now, but Federal government prefers that Special Session, May 20, 1969 projects not be started until after July I, which is the beginning of their fiscal year. It seems that only so much is alloted to the State for this kind of work but Dubuque has been advised that the City of Clinton will be con- sidered first in the line of re- ceiving aid. May 19, 1969 To the Honorable Mayor and City Council Gentlemen: Bids were received on May 15th for the construction of the Fire Department Headquarters. I The following bids were re- ceived: 223 97-69 and notice to bidders pub- lished in a newspaper puhlished in said City on April 17, 1969 and April 24, 1969; and WHEREAS, said sealed propos- als were opened and read on May 15th, 1969, and it has been deter- mined that the bid of Conlon Con- struction Company of Dubuque, Iowa in the amount of $478,740 was the lowest bid for the fur- nishing of all labor and materials and performing the work as pro- vided for in the plans and specifi- cations; now therefore, BE IT RESOLVED by the City Council of the City of Dubuque Conlon Construction Co. Earl Droessler Heitzman Construction Co. V & E Construction Co. Willy Construction Co. Anton Zwack, Inc. I am enclosing a letter dated May 15th from architect George E. Deininger recommending the award of the contract. The city can finance the pro- posed wnstruction. - I recommend that a contract he awarded to the Conlon Construc- tion Company for construction in the amount of $478,740. It is requested that the City Manager be authorized to execute the contract documents on behalf of the city. Respectfully, Gilhert D. Chavenelle City Manager Councilman McCauley m 0 v e d that the recommendation of the City Manager be approved. Sec- onded by Mayor Pregler. Carried by the following vote: Yeas-Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays-None. (Awarding Contract) RESOLUTION NO. 13N59 WHEREAS, sea led proposals have been submitted by contrac- tors for the Construction of Fire Department Headquarters Build- ing at 9th and Central, Dubuque, Iowa pursuant to Resolution No. Base Bid 472,409 481,000 475,970 530,630 481,239 477,884 Alternate 6,331 5,860 6,692 6,631 6,572 6,520 Tota' Bid 478,740 486,860 482,662 537,261 487,8II 484,404 that the contract for the above mentioned improvement be award- ed to Conlon Construction Com- pany and the Manager be and he is hereby directed to execute a contract on behalf of the City of Dubuque for the complete per- formance of said work. BE IT FURTHER RESOLVED, that upon the signing of said con- tract and the approval of the con- tractors bond the City Treasurer is authorized and instructed to re- turn the bid deposits of the un- successful bidders. Passed and adopted this 20th day of May, 1969. Walter A. Pregler Mayor Sylvester McCauley Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Councilman McCauley moved adoption of the resolution. Second-- ed by Councilman Couchman. Car- ried by the following vote: Yeas - Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. NaYs--None. 224 Special Session, May 20, 1969 RESOLUTION NO. 132-69 WHEREAS, applications for Beer Permits have heen suhmitted to this Council for approval and the same have heen examined, NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Duhuque, 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 Harry N. Gantert, 1301 Rhomberg Avenue Marco Giunta, 2022 Central Ave- nue Passed, adopted and approved this 20th day of May 1969. Walter A. Pregler Mayor Sylvester McCauley Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Councilman Meyers moved adop- tion of the resolution. Seconded hy Councilman Schultz. Carried by the following vote: Yeas - Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays-None. RESOLUTION NO. 133-69 WHEREAS, applications for Beer Permits were filed hy 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 Harry N. Ganter!, 1301 Rhomberg Avenue Marco Giunta, 2022 Central Avenue BE IT FURTHER RESOLVED that the bonds filed by such appli- cants be and the same are hereby approved. Walter A. Pregler Mayor Sylvester McCauley Merlin F. Scbultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Councilman Meyers moved adop- tion of the resolution. Seconded by Councilman Schultz. Carried by the following vote: Yeas - Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays-None. RESOLUTION NO. 134-69 WHEREAS, applications for Liq. uor Permits have been submitted to this Council for approval and the same have been examined, NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the following application be granted and license 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" LIQUOR LICENSE D.B.Q. Inc. D/B/A Shot Tower Inn, 290 West 4tb Street. Passed, adopted and approved this 20th day of May, 1969. Walter A. Pregler Mayor Sylvester McCauley Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Councilman Meyers moved adop- tion of the resolution. Seconded by Councilman Schultz. Carried by tbe following vote: Yeas - Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays-None. RESOLUTION NO. 135-69 WHEREAS, applications for Liq- uor Permits were filed by the with- In named applicants and they have Special Session, May 20, 1969 225 r~ceived the approval of this Coun- to discuss a real estate problem cll, and encountered with the Renier Realty WHEREAS, the premises to be Co. in the Urban Renewal Area occupied by such applicants were as the result of condemnation inspected and found to comply notice. Seconded by Councilman with the State Law and all City Meyers. Carried by the following ordinances relevant thereto and vote: they have filed proper bonds. Yeas - Mayor Pregler, Council- NOW, THEREFORE BE IT RE- men Couchman, Meyers, McCauley, SOLVED by the City Council of Sehultz. Dubuque, Iowa, that the Manager NaY~None. . be authorized to cause to be issued At 9.48 P.M. ~e Council rc- to the following named applicants turned to the CouncIl Chamber and a Liquor Permit. CouncIlman McCauley moved to reconvene the regular meeting. Seconded by Mayor Pregler. Car- ried by the folowing vote: Yeas - Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. NaYS-None. There being no further business Mayor Pregler moved to adjourn. Seconded by Councilman Meyers Carried by the fOllowing vote: . Yeas - Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays-None. Leo F. Frommelt, City Clerk Attest: Leo F. Frommelt, City Clerk Councilman Meyers moved adop- tion of the resolution. Seconded by I Approved Councilman Schultz. Carried by the following vote: Yeas-Mayor Pregler, Council- I Adopted men Couchman, Meyers, McCauley, Schultz. Nays-None. ...........................-......-....................-....................... Mayor Pregler moved that the Manager be authorized to Use what- ever steps are necessary, includ- ......-................................-.....................................-.. ing court action, to clean up the Blum property at E. 16th Street and the Fondell property on Shir- ......-................-...............................................-....... as Avenue. Seconded by Council- man McCauley. Carried by the fol- ....--..-....-....-.-.......-....................................-....... lowing vote: Yeas - Mayor Pregler, Council- men Couchman, Meyers, McCauley, ---............--..............-....-...-.....--......;.......-....... Schultz. CounCIlmen Nays - None. Councilman Meyers moved that I the City Manager and City Solicitor draw up regulations as to the use of bow and arrow. Seconded by Councilman Couchman. Carried by the following vote: Yeas-Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays-None. At. 8:40 P.M. Mayor Pregler moved that the I Council go into executive session CLASS "C" LIQUOR LICENSE D.B.Q. Inc. D/B/ Shot Tower Inn. 290 West 4th Street Passed, adopted and approved this 20th day of May, 1969. Walter A. Pregler Mayor Sylvester McCauley Merlin F. Schultz Donald R. Meyers Gaylord Mc~:~~::~ I 1969. 1969 Attest: ................................................ City Clerk. 226 Special Session, May 26, 1969 CITY COUNCIL OFFICIAL Special Session, May 26, 1969. Coomcil met at 7:30 P.M. (D.5.T.) presetñ-Mayor Pregler, Coun. cilmen Couchman, Meyars, McC-- ley, Schultz. City Manager Gilbert D. Chovan. elle. Mayor Pregler read the call and stated that service thereof had heen duly made and this meeting is ca1l.ed for the purpose of CON. DUCTiNG A PUBLIC HEARING ON THE AMENDMENT OF THE CURRENT BUDGET and acting up- 0D such other business as may properly come hefore a regular meeting of the City council. Communication of Sr. Mary An- g<>lica of St. Fraocis Home, ex- pressing hope that the Human Rights Commission will be appoint- ed soon, presented and read. Coun- cilman Meyers moved that the communication be received and fil- ed. Seconded by Councilman Couchman. Carried by the follow- ing vote: Yeas - Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays - None. May 20, 1969 To the Honorable Mayor and City Council Gentlemen: I am enclosing a petition for additional street lights in the area of 2005 Kaufmann Avenue. The street lighting situation on Kaufmano between Carter Road and North Grandview has been sur- veyed by Mr. Norton. It is recommended that 9 exist- ing incandescent lights be removed and 17, 175 watt mercury vapor lights be installed. Respectfully, Gilbert D. Cbavenelle, City Manager Mayor Pregler moved tbat the recommendation of the City Man- ager be approved. Seconded by Councilman McCauley. Carried by the following vote: Yeas - Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays-None. May 21, 1969 To the Honorable Mayor aDd City Council Gentlemen: I herewitb submit the reports of the City Auditor, City Treasurer, and Water Department, as well as a list of claims for which warrants were drawn, for tbe month of April 1969. Respectfully, Gilbert D. Chavenelle, City Manager Councilman Meyers moved that the reports be received and fil- ed. Secouded by Councilman Couch. man. Carried by the following vote: Yeas - Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays - None. Proof of Publication, certified to by the Publisher, of Notice of con. firmation, adoption and levying assessments as set forth in the Final Scbedule of Assessments for the construction of City of Dubu- que 1968 Asbury Road Water Main Project No.1, presented and read. No written objections were filed and no objectors were present in the Council Chamber at the time set for the public hearing. Council- man Meyers moved that the proof of publication be received and fil- ed. Seconded by Mayor Pregler, Carried by the following vote: Yeas - Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays-None. Statement of City Clerk certify- ing that notices of levy were mail- ed to property owners of record on the County Auditor's roll, by cer- tified mail on May 9, 1969, sub- ject to payment for construction of City of Dubuque 1968 Asbury Road Water Main Project No.1. presented and read. Mayor Pregler moved that the statement he re- ceived and filed. Seconded by Councilman Meyers. Carried by the following vote: Yeas - Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays-None. Notice of claim of Mrs. Ron May- heTTy, in behalf of Karen M. May- berry, a minor, in the amount .of $93.00, for personal injuries re- ceived in a fall by said minor over a protrnding pipe in the sidewalk at 1BO5 N. Grandview Ave. on Octo- Special Session, May 26, 1969 2'ZT her 20, 1968, presented and read. Councilman Couchman moved that the notice of claim be referred to the City Solicitor for investigation and report. Seconded by Mayor Pregler. Carried by the following vote: Yeas - Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays-None. Notice of claim of Mrs. Rita M. Rang of 24656 Cherry Street, in I the amount of $2000. for personal injuries received in a fall in the alley crosswalk between Asbury and Finley streets at the inter- section of said alley and Cherry Street on May 14, 1969, presented and read. Councilman Couchman moved that the notice of claim be referred to the City Solicitor for investigation and report. Seconded by Mayor Pregler. Carried by the following vote: Yeas - Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays - None. Proof of Publication, certified to by the Publisher, of Notice and record of hearing and certificate to amend the CUrrent budget, adopted August 12, 1968, by in- creasing expenditures in various accounts, 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 Pregler moved that the proof of publication be received and filed. Seconded by Councilman Meyers. Carried by the following vote: Yeas - Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays - None. ORDINANCE NO. 25-69 AN ORDINANCE AMENDING THE BUDGET AS APPROVED BY ORDINANCE NO. 1-69, said Ordi- nance having been previously pre- sented and read at the Council meeting of May 5, 1969, presented for final adoption. ORDINANCE INCREASED APPROPRIATIONS m", FUND AMOUNT F"'"" G""'I Fund S 8.776,00 """ Fund 2.1".00 EXPENDITURES Sub Tol,,- City Manag" City CI". Clly C,",. A"I,'anl CIty cr". LI"n" CI"" Sub Tol" - City Clock City Audlto, City Audllo, Ac<ounl CI,"" I Sub Tolal-Clty Audllo, City T"",u,,. City T"o,u". Accounl cr"" I Sub Tolal- CIty T"",u,,, u.... R.new.. - City EX..n" DI,_, Fund Roc"a 1o. - Pa'" Fund R'""allon - G'n"" Fund R""'allon - Go" Cou,", Fund U""",, - Wal" Wo,., G'n- ',581.00 33,137.00 10,734.00 1.253.00 ',284.00 1,189.00 1,427,00 1,338.00 1,133.00 10.919.00 3,706.00 count, 1.118.00 3,057.DO 2,195,00 '.860,00 11,723.00 ~ In",.". A...... Fund T"" S 786.00 120.00 9'.00 48,00 71.00 46,00 84.00 L249:õõ 180,00 120,00 84.00 ~ 120.00 133.00 -.š3:õõ 186,00 48.00 ----¡¡¡:¡;¡¡ ..... 228 Special Session, May 26, 1969 Rel"aU" A.ent Cle,k Steno. Sob Total - BoHdln. PIOmbln. In..""" In"eeto, " "", In...cto' I Sob Total - Plumbing In.pecto, EI.."leal Inspecto, Ins..cto, " ' In"ecto, I ' Sub Total - Eloch-l<al Inspecto, A" Pollotl- Co"'" L, Sub Total - Planning & Zonln. Total Ge..,al Fund STREET FUNO 5""" Admlo",ral.... Su",'ntendent Ass"tant Su"",lnte.dent Sub Total - "'eet Admlnlsl,,"... S..... '0.01".. .nd G...dlng P. W. Wa... ," CItY Go....' - Noo-Bod'" . C....- Ie Uslo. Oaats. Sob Total - City Go".. nee T,'mmlo. Fo,eman Equi.ment 0""'0' I 0","" La"",s Overtime Sub Total - T,ee T'immin. T...Hic SI... and Ma""n.. Paint., Hel.., P. W. La'" Sub Total- T...Hie SiOns & Ma""n.. Total St....t Fond OAD USE TAX FUND On and G"d'" Snow 'Reñiõ;;õi P. W. La", Total S"eel Ro" Use Tax Fund PUBLIC SAFETY FUNO Monlei... Caort Deputy Cle"'s I ' ime B Sob Total-M"'eipal Coort Po.!!e.'oOe.artmon' CbI.. Ma"ons " Cle'" Steno. tie'" Tvplst Mete, Ma'ds Holld" Pav T"nove, Overtime Sob Total - Police D.partment 6.00 2.00 --.;:;¡¡ 360.00 666.00 '.38<.00 2"".00 228.00 71.00 5.263.00 297.12 17.88 -----.;s:oo '«.00 108.00 -732.00 38.00 -«2.00 "'.00 216.00 ----...:00 lBO.OO '08.00 ----.äã:õõ 225.00 260.00 300.00 30.00 ----.ro:õõ 8,776.00 1".00 132.00 --m:õõ 7".00 lBO.OO 1.322.60 270.60 208.00 21.00 2:õõiõõ Non Add »8.00 "".'6 581.36 529.02 -1.2"." 517.00 208.00 "'.60 63.60 521.00 2.116.00 MM.OO 675.00 150.00 "581.00 353.00 68.00 62.00 86.00 -632.00 'S.OO ,",'-00 183.00 -216.00 1.872.00 1:1".0:88 632.00 86.00 ".50 181.50 '.0".00 -200.00 3,500.00 ~ Special Session, May 26, 1969 229 ï¡¡SJ:õõ "'.60 66.60 3õ6:õõ 326.00 87.00 '11.00 Sob Tot.,- F'", D..artme., FI'" ... Po"" ."'m Svstam Elect'ie'a.. Overtime " Sub Total - FI'. & Police AI"m SVetem Ambolan.. D'ive" , Holldav Pav SUb Toto' - Amb"anee Total Poblie Satety Fond SANITATION FUND L.vee Me,otena.ee Wa..s HHIt. I No"e Poblle FOOd Ge.e" CI"k Sob Tofai - Heal.. eepa'tme., C_t..toos Dleea.. Co....., Poblie H..lth N"se Sewe, Mai"en.... Fo,eman D,ive" , La","" , P, W, La.., Ov"Ume ".00 86.00 288.00 108.00 86.00 183.00 7ï7:öõ 86.00 208.00 "'.20 1""'.60 381.20 65.00 i<2iõõ 72.00 120.00 I92:õõ 208.00 1...,... 3.0".32 699.06 60.00 5;3õ9:õõ 1.335.00 570.00 Sub Total - Sow., Mai.ten..ce Milk ,...actlo. Milk Sanit"ian , AssIstant Milk Sanll",.. -Milk In"""o. 'too 208.00 208.00 228.80 "'.60 269.60 109.00 Total ""- & -.. Dls...al Fond TAL FUND 206.00 1,968.60 192.00 228.80 91S.20 29.", 3;š35:õõ "'.60 "'.20 .20 m:;;¡; SUb Tota' - Sow... La...", Total Sowa.. Rental Fond MUNICIPAL ENTERPRISE - AIRPORT FUND , ",.p. T. Me. 110.00 <1.60 6.903.20 ".136.00 200.20 To'" AI'POrt Fond MUNICIPAL ENTERPRISE - LlaRARV PUND Ol,ecto, Llb""an '" Llb""an " Llb',,'a. I Llb',,'an. . CI"1ea1 " """'" Cle,'.., Aul.tants 206.00 '72.00 33,137.00 10.736.00 1,253.00 '.286.00 1.189.00 230 Special Session, May 26, 1969 Stodont Aul,'on" Co"cdlol Monlto, Tolol Llb,a", Fond R Intendonl Ext,a ".,,' Sob Tolol- P". Admlnl""tlon P",. Meos aad Bolldi... Eq"cmon' M"honic F",mon G"dena, P". pol,otmon ' Eqo'cmont Ocml" t Molnlononœ Men Lob"'" Lobo",,-P.T, Omtlmo Lobo' - Vo" Mam,,'ol P". Sob Tolo' - P". Me.. & Bolldlng, P",. Imc"vamon" Eog:o Poln,-Tonnl, Coo," Toto' R"",tlon P". Fond RECREATION - GENERAL FUNO R"",tloo Admln,,"a"oo Dim'" "" , Aui,tonl aim'" CI". Stono. CI". Wci,t Sob Toial - Ramotlon Admini",a"on Boltdin.. and A,eos F"aman Mainlonanœ Lobo"" OvoHlma SOb To'al - Bolldln.. and Meos p""am. 50""""" Swimming Psol Maintenanœ Man Lob"" Ov"tlma Sob To'al Swimming Pool Total Romotlon Gonml Fond RECREATION - GOLF COURSE FUND Ron." Lobo,a' ' G,oon,."'" Totai Golf Coo"a Fond ATER OEPT. GENERAL FUND -2A8." 499,00 26.00 \5.00 120.00 48.00 26.00 -moo 259.20 -1".26 249.60 792.tO 228.00 232.96 "°,32 1.972.00 479,08 " 109.20 ~ -3.274.00 129.00 84.00 "'.00 SO.OO 186.00 26.40 16.60 2.00 ---.s:õõ 93.20 '1'.80 "°.00 336,00 120.00 84.00 693.00 -.:m:oo 7,181.00 2,499,00 - - and Wa'" Total- Wo'a, Gonm' Food PARKING FACILITIES FUNO Pa,king Lot' Mo'a, ....Icemoo I P, W. Lobo, Sob Total- p".ing Lo', 5"'" Ma'a" "",iœman p"t Tima C",. P. W. Wag" Sob Totol- St"o' Met'" Co""" 5"'" .amc Mona." " Ca,h'" ' Co"odlan Malnlononco Mon P. W. Labo' Sob Total - Loc",1 St"ol .amc lawa 5"'" R.mc Ca'hia, P. W. Lab" Sob To'al - Iowa 5",,' Ramc Tolal- Pa,king Facliitl" Fond U. R. PROJECT NO. IOWA R-IS FUND Admln,,"at1.a aim'" P,,'oct Mana." ---,;m:oo 100.00 -200.00 SOII.OO 303.00 '92.00 .00 1,.421.00 1,338,00 1,133.00 to,'l'.OO 3,706.00 Special Session, May 26, 1969 231 ATTEST, Lao F. F"mmol' env Ci". Pobll,had offlClolly In Tha ToI""'ch-"m'd Now'ca... Ihl, 2nd day of Jono "69. Lao F. '"mmalt CIty Cia,. It. 612 Raa' E"ate Offic" Ro'oca"on Mool Commmia, Claim, Moo' Accoont C",. I C'a,. 5'000. " C'a" TYcl" , Totoi U. R. P"'oct No, Iowa R-15 Fond PENSION AOJUSTMENTS POLICE RETIREMENT SYSTEM FUND Pe..ion Co'" FIRE RETIREMENT SYSTEM FUND pa"'on C"" 3.057.00 2."5.00 IOWA PUBLIC EMPLOYEES RETIREMENT FUND R"I"ment Coo"~ SOCIAL SECUR'TY (F.I.CA.) FUND Ro""manl C"" Totai Po,,'on & Ra""mool 4.860,00 11.723.00 TOTAL ADJUSTED APPROPRIATIONS Pa"od, odocted Bod acc"ved Ihl, 26th day of MaY, "" Walt" A. P,a.", Ma.,. Syiv"t" McCooloy M"lIn F. Scholtz Donaid R. Mom' GaYI"d M. Coochmon Cooncllmon Councilman Meyers moved final adoption of the Ordinance. Sec- onded by Mayor Pregler. Carried by the foUowing vote: Yeas - Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays-None. 109.61 tO4.O5 118.82 88.36 25.40 116.16 1.118.00 21,8".00 $1".544.00 ORDINANCE NO. 26-49 AN ORDINANCE AMENDING THE BUDGET AS APPROVED BY ORDINANCE NO. 1-69 AND OR- DINANCE NO. 25-69, said Ordi- nance having been previously pre- sented and read at the Council meeting of May 5, 1969, presented for final adoption. OROINANCE NO. 26..9 An O,dlnonca omondln. Ihe bod.a' .. occ"vod by O,dinonca No. 1-69 ood O,dl- nonco No. ""9. INCOMPLETE COMMITMENTS BUOGETED IN 1968 FUNO UNT anm' Fond . 'Bat Fond 1.300.00 26.652.00 Gan...' 130,.428.00 Fond 61M1.00 <,000.00 end 6,SOO.00 ", 0653.528.00 ACCOUNT OETAILS In...- Acp"p. . 1.SOII.00 12,000.00 3.000.00 5.000.00 2,SO11.00 1õ;šõõ:õõ Sob Toto' Unclo"i'iod TOTAL - GENERAL a l3.SOII.00 600.00 1""'.00 ""'.00 F." TaIoI 30,000.00 ""70.00 232 Special Session, May 26, 1969 Sub Total - St,." Con",udlon snow Ramoval Mat,,'a' and su..n.. Equi.man' Ran'al SUb Total - Snow Ramoval ,,' TOTAL - STREET ROAD USE TAX FUND PUBLIC SAFETY FUND FI" o..artmant FI,.Pum... ,"" F"o a puna ...,m s...... U,ban Ronowal - Iowa R-IS Doll P.... Animal Cont,ol Wa,don overtlmo " , Maln"nanco .. Ra.aln-V""I"a Huma.. Soci"" Paymant Modlcal Costs """, 1966 Fo,d Ecooovan Sub Total - 0.. .ound """, , " TOTAL - PUBLIC SAFETY FUND SANITATION FUND H..Uh _rtmonl FCCA - MI«o Ra"'" Fna Ma. .. SUb Total - Municl.al Im.,ovamonts TOTAL - SANITATION FUND SANITATION SEWAGE RENTAL FUND _a.. Plont Pump ' S"tam, Analy," ' Iowa St,.at Sanlta... SOW" - 68 La'",1 Sowon-U. R.-68 TOTAL - SANITATION SEWAGE RENTAL FUND MUNICIPAL ENTERPRISE - AIRPORT FUN a OutsidaSmlcos """",'" TOTAL - AIRPORT FUND ' MUNICIPAL ENTERPRISE - OOCK FUND Rlvort..nt Im."v"""ts SOu, T"<k. M.,,;l1 Choml"" Co. Engl....,.. SwitCh C,osslng - Milwauk.. Co"",udlon Con"a" S....m .".artY I Iowa -Wa'.. Main Malo - Wat" MaIn .th Wa", Main Anoy - Iowa to COnt.., - WIM Anov-Maln to lowa-W/M Sub Total - Im.,ovamont, Cant..." Polnt-Ta" wan D,""no Mt. Ca,m" Station .. Main Sub Total-Con"a<l, , TOTAL WATER DEPT. FUND UTILITtES - STREET LIGHTING FUNO p..."m, DOdoa "'.., Signal' , UnlvonltY .. .ann. Ava. Stg.." Ca...al at 32nd Stgnal, U2:S39:õõ 8,000.00 1"".00 ---.;õõõ:õõ 26.000.00 388.00 S,112.35 287.65 728." ".666.00 12.50 1,175.00 ---¡;¡¡ö:õõ 250.00 185.00 , ".00 --¡¡:oo 1"".00 1 1 500.00 18.000.00 2.321.00 3"".00 7.3000.0 500.00 """.00 21.7".00 20,000.00 10,550.00 5,613.00 19.800.00 8.000.00 2,1100.00 3.787.00 , 80,000.00 12.578.00 87.300.00 SO"78.00 2,1100.00 2,200.00 8.705.00 271,539.00 ».028.00 80,039.00 23.821.00 7.300.00 26,652.00 130"".00 Oth" City SIgnal, Iowa SI...,t Stgnal, Iowa St,..t-LIghts Special Session, May 26, 1969 233 TOTAL - RECREATION - GENERAL FUND RECREATION - GOLF COURSE FUN a 'm...yomonts Eoul.mont Sh'" TOTAL APPROPRIATIONS 0.000.00 26."8.00 12.128.00 61,58'.00 1,000.00 2,000.00 2".00 7".00 ""'.00 6.500.00 6.500.00 $65i:m:õõ Pa,sed. _ptad and a.."v'" thl, 26'h day of May. "'0. Walt" A. P,.gl" Ma." ATTEST, Loo F. F""'m"t C;¡y CI..k Pubn..", offlciany in Tha T"..,a"'-H",'d Nows...., 'hi, 2nd day of Ju.. "'0. Loo F. F"mmalt CitY CJ"k sented and rea d. Councilman Couchman moved approval of the petition and that same be referred to the City Manager. Seconded by Mayor Pregler. Carried by the fol- lowing vote: Yeas-Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays-None. Petition of Robert Baumgartner requesting a refund of $25.00 on an unused building permit intend- ed for the construction of a home at 745 Lowell Street which failed to realize, presented and read. Councilman Schultz moved that the refund be granted and the Auditor instructed to issue proper warrant. Seconded by Councilman Meyers. Carried by the following vote: Yeas-Mayor Pregler, Council. men Couchman, Meyers, McCauley, Schultz. Nays-None. Petition of A. Y. McDonald Mfg. Co. requesting immediate cleaning up of 12th Street of debris from the flood dike erected in March and April, presented and read. Councilman Meyers moved that the petition be referred to the City Manager and Engineering Depart- ment. Seconded by Mayor Pregler. Carried by the following vote: Yeas - Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays-None. Petition of Josepb L. Diener, re- questing a refund of $50 on the unexpired portion of beer license Councilman Meyers moved final adoption of the Ordinance. Sec- onded hy Mayor Pregler. Carried by the following vote: Yeas - Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays-None. Petition of the Evening Optimist Club requesting permission for use of Flora Park on Sunday, July 20, from Noon to Seven P.M. for a family picnic for the purpose of raising money for remodeling the barn at the Park, presented and read. Mayor Pregler moved tbat the petition be approved. Second- ed by Councilman Schultz. Carried by the following vote: Yeas-Mayor Pregler, Council. men Couchman, Meyers, McCauley, Schultz. Nays-None. Petition of Cullen-Schiltz & As- sociates, in behalf of Anderson Weber, requesting permission to construct truck unloading facilities on the west side of Salina Street near Railroad Avenue, presented and read. Councilman McCauley moved approval of the petition I subject to approval of the City Manager. Seconded by Councilman Couchman. Carried by the follow- ing vote: Yeas-Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays-None. Petition of Colt 45 Drum & Bugle Corps requesting permission to conduct a parade on Saturday, August 20, 1969, at 1:30 P.M. pre- -- 234 Special Session, May 26, 1969 No. 62, issued on 6-15-68, as he has discontinued business on 3-13-69, presented and read. Mayor Pregler moved that the refund be granted and the Auditor instructed to is- sue proper warrant. Seconded by Councilman Couchman. Carried by the following vote: Yeas - Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays-None. RESOLUTION NO. 136-69 WHEREAS, applications for Beer Permits have been submitted to this Council for approval and the same have been examined, NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the following appli- cations be granted and licenses be issued upon the compliance with the terms of the Ordinances of the City. CLASS "B" BEER PERMIT Louis J. Winkler, 698 Central Ave- nue (Effective June 2, 1969) Frank & Phyllis Licciardi, 869-871 Iowa Street, D/BI A Licciardi Art Gallery Passed, adopted and approved this 26th day of May, 1969. Walter A. Pregler Mayor Sylvester McCauley Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Councilman Couchman moved adoption of the resolution. Second- ed by Mayor Pregler. Carried by the following vote: Yeas - Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays-None. RESOLUTION NO. 137-69 WHEREAS, applications for Beer Permits were filed hy 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 name applicants a Beer Permit. CLASS "B" BEER PERMIT Louis J. Winkler, 698 Central Ave- nue (Effective June 2, 1969). Frank & Phyllis Licciardi, 869-871 Iowa Street, D/BI A Licciardi Art Gallery BE IT FURTHER RESOLVED THAT THE BONDS filed by such applicants be and the same are hereby approved. Passed, adopted and approved this 26th day of May, 1969. Walter A. Pregler Mayor Sylvester McCauley Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Councilman Couchman moved adoption of the resolution. Second- ed by Mayor Pregler. Carried by the following vote: Yeas - Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays-None. RESOLUTION NO. 138-69 WHEREAS, applications for Liq- uor Permits have been submitted to this Council for approval and the same have been examined. NOW, THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the following application be granted and license issued upon the compliance with the terms of the IOWA LIQUOR CONTROL ACT-CHAPTEB 123 as amended by the 60th General Assembly, 1963. CLASS "C" LIQUOR LICENSE Louis J. Winkler, 698 Central Ave- nue (Effective June 2, 1969). Joseph L. Diener D/BI A The Lounge, 31-35 Locust Street Special Session, May 26, 1969 Passed, adopted and approved At 7:55 P.M. Mayor Pregler tbis 26th day of May, 1969. moved to go into an Executive Walter A. Pregler Session to consider sale of land on Mayor the Industrial Island. Seconded by Sylvester McCauley Councilman Couchman. Carried Merlin F. Schultz by the following vote: Donald R. Meyers Yeas - Mayor Pregler, Council- Gaylord M. Couchman men Couchman, Meyers, McCauley, Councilmen Schultz. Nays-None. The Council reconvened in reg. ular session at 8:30 P.M. Mayor Pregler announced that the Hu- man Rights Commission will be appointed at an informal session of the Council to be held on Fri- day, May 30, Memorial Day. Mayor Pregler moved that Mrs. Dorothea Green, 1885 Atlantic Street, Richard Ludwig, 1850 Glen. dale Court and Mrs. Ken Schmidt of 1930 St. Anne Court be reap- pointed to the Dubuque Advisory Commission for a three-year term. Seconded by Councilman Meyers. Carried by the following vote: Yeas - Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays-None. There being no further business Councilman McCauley moved to adjourn. Seconded by Councilman Couchman. Carried by the follow- ing vote: Yeas - Mayor Pregler, Council- men Couchman, Meyer, McCauley, Schultz. Nays-None. Leo F. Frommelt City Clerk Attest: Leo F. Frommelt City Clerk Councilman Couchman moved adoption of the resolution. Sec- onded by Mayor Pregler. Carried by the following vote: Yeas - Mayor Pregler, Council. men Couchman, Meyers, McCauley, Schultz. Nays-None. RESOLUTION NO. 139-69 WHEREAS, applications for Liq- uor Permits were filed by the within named applicants and they have received the approval of this Council, and WHEREAS, the premises to be occupied by such applicants were inspected and found to comply with the State Law and all City ordinances relevant thereto and they have filed proper bonds. NOW, THEREFORE BE IT RE- SOLVED by the City 'èouncil of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named applicants a Liquor Permit. CLASS "C" LIQUOR LICENSE Louis J. Winkler, 698 Central Ave- nue (Effective June 2, 1969). Joseph L. Diener D/BI A The Lounge, 31-85 Locust Street Passed, adopted and approved this 26th day of May, 1969. Walter A. Pregler Mayor Sylvester McCauley Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Councilman Couchman moved adoption of the resolution. Second- ed hy Mayor Pregler. Carried by the following vote: Yeas - Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays-None. 235 Approved ....................................1969 Adopted ......................................1969 """""""""""""""""""""""""""""" """""""""""""""""""""""""""""" ................,........................................... ............................................................ Councilmen Attest: """""""'-¡:iiiÿ'c¡;;;'i""""""'"