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1967 May Council Proceedings 199 Communication of W. J. CWlton of 1180 W. 5th Street commenting on poor condition of recently paved Booth Street and W. 5th Street presented and read. Mayor Ludwig moved that the communi- cation be received and filed. Sec- onded by Councilman Pfohl. Car- ried by the following vote: Yeas - Mayor LUdwig, Council. men McCanley, Pfohl, Pregler, Schnltz. Nays-None. Councilman Pfohl entered the Council Chamber at 7:35 P.M. Councilman McCauley moved that the rules be suspended in Of- der to let anyone present address the Council if they so desire. Sec- onded by Conncilman Schultz. Car- ried by the following vote: Yeas - Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. Nays-None. Mr. W. J. CWlton of 1180 W. 5th Street voiced Ws objection to the condition of W. 5th and Booth Streets, and also other streets in the City. He was of the opinion that the City should hold the con- tractors responsible for replace- ment of streets that show cracks within the maintenance bonding period. Mr. Chilton was advised that the Council will review the streets proposed for construction in 1967 and that they also will check on the streets that he men- tioned. Mr. Chilton was invited to be present. May 1, 1967 To the Honorable Mayor and Members of the City Council Gentlemen In accordance with the provi- sions of Cbapter 365 of the 1966 Code of Iowa, the Civil Service Commission conducted entrance examinations on Tuesday evening, April 11, 1967, for persons seeking appointments to the POllCE DE. PARTMENT. Four written examinations were given, two of which failed in the written examination, and the other two failed the physical. We are therefore unable to cer. tify anyone from the examination 1, 1967 May Regular Session, CITY COUNCIL OFFICIAL Mayor Ludwig read the call and stated that service thereof had been duly made and this meeting is the regular monthly meeting called for the purpose of acting upon such business as may prop- erly come before the meeting. Regular Session, May 1, 1967. Council met at 7:30 P.M. (D. S.T.). Present - Mayo'r LUdwig, Councilmen McCauley, Pregler, Schultz. City Manager Gilbert O. Chavenelle. Absent at man Pfohl. Mayor LUdwig introduced the following foreign exchange stu~ dents: Girma Wolde Mariam from Ethiopia, Rita Gnpka from India, Hans Verich Krieger from Ger- many. call-Council_ Communication of the Western Casualty and Surety Company sub- mitting "Power of Attorney" of H. J. Pohlman granting him authority to issue bonds not to exceed $300,000, presented and read. Councilman Pregler moved that the Power of Attorney be received and filed. Seconded by Council- man McCauley. Carried by the fol- lowing vote: Communication of John Virgil Case, a public Utility Consultant, submitting copy of a letter which was sent to Polk County author- ities relative to the high utility rates being paid by the consum~ ers in the midwest, presented and read. Mayor LUdwig moved that the communication be received and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Ludwig, Council men McCauley, Pregler, Schultz. Nays--None. Absent-Councilman Pfohl Yeas - Mayor LUdwig, Council- men McCauley, Pregler, Schnltz. Nays--None. Absent-Councilman Pfohl. rol jih,).-P- 201 In accordance with the provi- sions of Chapter 365 of the Code of Iowa 1966, the Civil Service Commission conducted PROMO- TIONAL EXAMINATIONS on Ap- ril 27, 1967, for members of the Fire Department interested in pro- motion to CAPTAIN, LIEUTEN- ANT, and EQUIPMENT OPERA- TOR. CAPTAINS Remington, Maurice W. ......88.67% Cherrier, William E. ............85.33% Link, Lyle R. ..........................83.33% Pregler, John P. ....................83.33% Andresen, James P. ..............80.67% Deckert, John J. ....................80.0% Simon, Thomas A. ................79.33% Weber, Edward J. ................77.33% Kaiser, Frank R. ..................71.33% LIEUTENANTS Miller, James C. ....................88.33% Neuses, Irvin M. ....................87.50% Jochnm, Wayne F. ................84.17% Ruden, Richard W. ..............82.50% Melssen, Joseph L. ..............81.67% Schuster, Paul N. ..................80.83% Boland, Robert C. ................77.50% McCoy, John B. ....................77.50% Kann, Ronald T. ....................76.67% UdeIhofen, Gerald L. ..........73.33% EQUIPMENT OPERATORS Huseman, William ................84.55% Miller, William ......................84.55% Steinberg, Edward W. ........83.64% Neuhaus, Gerald W. ............74.55% Roepsch, Richard F. ............72.73% Respectfully submitted, Gerard B. Noonan Chairman Louis F. Fautsch Civil Service Commission F. Frommelt Clerk Subscribed and sworn to before me this 28th day of April, 1967. Eugene J. Berens Notary Public Councilman Pregler moved that the communication be received and made a matter of record. Second- ed by Councilman Schultz. Car- ried by the fOllowing vote: LUdwig, Coun- Pfohl, Pregler, - Mayor McCauley, Yeas cilmen Schnltz. Nays-None. Attest: Leo Session, May 1, 1967 Yeas - Mayor LUdwig, Council men McCauley, Pfohl Pregler Schultz. Nays None. April 28, 1967 To the Honorable Mayor and Members of the City Council Gentlemen: In accordance with the provi. sions of Chapter 365 of tbe Code of Iowa 1966, the Civil Service Commission conducted PROMO- TlONAL EXAMINATIONS on April 13, 1967, for members of the POLICE Department interested in promotions to CAPTAINS and SERGEANT-DETECTIVE. The following is a list of persons who passed the exams with an av- erage of seventy per cent or bet- ter. All promotions on the Police Department should be made from this list. CAPTAINS Fangman, John L. ................76.22% VonAh, William J. ................72.97% Sutton, Paul R. ......................70.81% Purcell, James T. ..................70.0% SERGEANT.DETECTIVE Egan, Patrick J. ....................76.50% Rettenmeier, Thomas R. ......74.50% Paar, Frederick R. ................73.50% Horch, Navall T. ..................71.0% Lehman, Eugene J. ..............70.50% Hynes, James C. ....................70.0% Kneper, Leo W. ....................70.0% Respectfully snbmitted, Gerard B. Noonan Chairman LeRoy H. Giles Louis F. Fautsch Civil Service Commission April 28, 1967 To the Honorable Mayor and Members of the City Council Gentlemen: Regular Attest: Leo F. Frommelt Clerk Subscribed and sworn to before me this 28th day of April 1967. Eugene J. Berens Notary Pnblic Councilman Schultz moved that the communication be received and made a matter of record. Sec- onded by Mayor Ludwig. Carried by the following vote: Yeas - Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. Nays-None. Carried by the Ludwig, Council- Pfohl. Pregler, 1967 cilman Pregler. following vote: Yeas - Mayor men McCauley, Schultz. Nays-None. April 27, 1967 To the Honorable Mayor and Members of the City Cound Gentlemen: Attest: Leo F. Frommelt, Clerk Subscribed and sworn to before me this 28th day of April 1967. Eugene J. Berens, Notary Public Councilman Pregler moved that the communication be received and made a matter of record. Second. ed by Councilman Schultz. Carried by the following vote: In accordance with the provi. SIOns of Chapter 365 of the Code of Iowa 1966, the Civil Service Commission conducted promotion- al examinations on April 13, 1967, for the newly created position on the FIRE DEPARTMENT, said position to be known as "ASSIST- ANT CillEF, TRAINING AND PERSONNEL OFFICER." The eligibility rule covering this examination was established by the Commission on April 11, 1967 in special session which reads as fol- lows: No member of the Fire De. partment shall be eligible to an examination for the position of "Assistant Chief Training and Per- sonnel officer" and shall not be Gentlemen: submitted to an examination to In accordance with the provi- the position excepting assistant sions of Chapter 365 of the 1966 chiefs, Captains, Captain Fire Mar- Code of Iowa, the Civil Service shall and Lieutenants who have Commission conducted entrance served a minimum of one full year examinations on Tuesday evening, in the department. April 11, 1967, for persons seek~ The following list passed the ing appointments to the FIRE written examination with an aver- DEPARTMENT. age of seventy per-cent or better. The following named persons These men were also given an oral have passed both the written and examination by the Commission on physical examinations and are April 25, 1967, with satisfactory re- hereby certified for appointment. sults. Mohr, John E. ................92.5% Mehrl, Robert A. ..................87.64% Heitz, Bruce J. ................79.2% Remington, Maurice W. ....80.59% Rubel, James L. ............78.3% Simon, Thomas A. ................74.12% Ruden. Ronald J. ............75.8% Pregler, John P. ................70.58% Waddick, Robert ............75.0% RespectIully submitted, Respectfully submitted, Gerard B. Noonan Gerard B. Noonan Chairman Chairman Louis F. Fautsch Louis F. Fautsch Civil Service LeRoy H. Giles Commission Civil Service Commission Attest: Leo F. Frommelt, Clerk Subscribed and sworn to before me this 1st day of May 1967. Eugene J. Berens, Notary Public Mayor Ludwig moved that the list be received and made a mat- ter of record. Seconded by Coun- 1 May Session Regular Police Department 1967. Respectfully submitted, Gerard B. Noonan Chairman Louis F. Fautsch LcRoy H. Giles Civil Service Commission Attest: Leo F. Frommelt, Clerk Subscribed and sworn to before me this 28th day of April 1967. Eugene J. Berens Notary Public Councilman Pfohl moved that the communicatiton be received and made a matter of record. Sec- onded by Councilman Schultz. Car- ried by the following vote: Yeas - Mayor Ludwig, Council- McCanley. Pfohl, Pregler, May 1, To the Honorable Mayor and Members of the City Council given 1967 men Schultz. Nays--None. 200 for the April 11, -, ~ Regular Session, May 1, 1967 203 I. STREET WIDTH Rhomberg from Chicago Great Western Railroad tracks to Marshall Street is 10 blocks long and is 34 feet wide. To allow 8 foot parking lanes on both sides permits only 9 foot passing lanes. This 9 foot width is too narrow for passing. If parking is prohibited on the east side two 13 foot passing lanes are possible. 11. TRAFFIC VOLUME Traffic volume on Rhomberg is heavy and in increasing. From 1958 to 1965 the volume in- creased 23.3%. The State ffigh- way Study shows that the aver- age fall week day traffic on Rhomberg Avenne is 9,770 ve- hicles. For comparison, this ex- ceeds traffic on 9th Street, 12th Street, 14th Street, and Univer. sity Avenue. It exceeds traffic volume on Central north of 20th Street. Proof of Publication, certified to by the Publisher, of Statement of Receipts and a list of claims for which warrants were issued dUring the month of March 1967, pre- sented and read. Councilman Pfohl moved that the proof of publication be re- ceived and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Ludwig, Coun- cilmen McCanley, Pfohl, Pregler, Schultz. Nays-None. April 27, 1967 Mayor I. ACCIDENT RECORD In 1966 there were 24 accidents in the 10 block area of Rhom- berg, which resulted in 5 per. sons being injured. Eight of the 24 accidents were vehicles strik~ ing parked cars. During the first three months of 1967, 18 accidents have been recorded in the 10 block area. One person has been injured. Nine of the 18 accidents involved parked veWcles being struck. IV. ALTERNATE ROUTES Consideration was given to the idea of changing Rhomberg into a one-way street with Lincoln or Garfield Avenue as the alternate one-way street. Lincoln is a local street. Its width varies from 'l:1 feet to 40 feet. If Lincoln is made one way, traffic signals should be installed at four locations. If Lincoln or East 21st Street were made one- way to Central then it would be necessary to signalize two addi- tional intersections. The width of Garfield varies in width from 29 feet 6 inches to 38 feet. It has a narrow and dif- ficult passage way between Elm and Kniest. It is blocked at the northerly end. It is estimated that three intersections WQuld have to be signalized. Ludwig, Coun. Pfohl, Pregler, Gentlemen You will find attached a copy of a fire protection contract be- tween the City of Dubuque and Saul Greenstein, President of In- land Molasses Company. The request for protection came up on an urgent basis and has been signed by both parties. I wanted to bring this contract to your attention for approval be- fore it is finalized. The area concerned is located contiguous to the City and it is expected that in the near future the Council will receive a petition of annexation from them. Respectfully, Gilbert D. Chavenelle City Manager Councilman Schultz moved tbat the City Manager be authorized to sign the contract. Seconded by Councilman McCauley. Carried by the following vote: Yeas - Mayor cilmen McCauley, Schultz. Nays-None. Gentlemen: I am returning to you the peti. tion requesting that 15 minute parking be restored on the east side of Rhomberg Avenue. I recommend that the petition be denied. The Traffic Division and Traf. fie Committee investigated and dis. cussed the situation. The fOllowing information was presented and considered. To the Honorable and City Conncil Ludwig, Coun- Pfohl, Pregler, 1967 Session, May 1, 1967 Councilman Pregler moved that the bonds and policies be filed sub- ject to approval of the City Attor- ney. Seconded by Councilman Mc- Cauley. Carried by the following vote: Yeas - Mayor cilmen McCauley, Schultz. Nays-None. To the Honorable and City Conncil Gentlemen: I am returning tion of Mr. and others for street Dubuque Drive. The area has been investigated by the Electrical Inspector and it is recommended that three 4000 Lumen Incandescent Street Lights be located at: between street numbers 159 and 165 between street numbers 205 and 225 between street numbers 370 and 390 Respectfully requested, Gilbert D. Chavenelle City Manager Councilman Schultz moved that the recommendation of the City Manager be approved. Seconded by Mayor Lndwig. Carried by the fol- lowing vote: Yeas - Mayor cilmen McCauley, Schultz. Nays-None. to yon the peti- Mrs. Ehlers and lights on Julien Respectfully reqnested, Gilbert D. Chavenelle City Manager Councilman Pregler moved that the recommendation of the City Manager be approved. Seconded by Councilman Schultz. Carried by the following vote: Yeas - Mayor cilmen McCauley, Schnltz. Nays-None. Ludwig, Coun. Pfohl, Pregler, 1967 1, May Mayor To the Honorable and City Council Ludwig, Coun- Pfohl, Pregler, Gentlemen: 1 herewith submit the monthly reports of the Water Department and City Auditor's office, as well as a list of claims and payrollS for which warrants were issued for the month of March 1967. Respectfully, Gilbert D. Chavenelle City Manager Councilman Pfohl moved that the reports be received and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schnltz. Nays-None. 19, April Mayor 1967 24, April Mayor To the Honorable and City Conncil 1967 Gentlemen: This is to advise that I have ap- proved the following bonds and de. sire to have your approval on same. COMPREHENSIVE LIABILITY Clemens-Smith Construction, Inc., Bituminous Casualty Corpora- tion Merlin Goerdt DBA M. F. Goerdt Construction Co., Hartford Acci- dent and Indemnity Co. SIDEWALK Richard Huseman & Louis Huse. man, Merchants Mutual Bonding Company John Byrne, Merchants Mutual Bonding Company Clarence (Barney) Grutz, United Fire & Casualty Company William O'Neill, Merchants Mutual Bonding Company Cletus Palm, Merchants Mutual Bonding Company Ken Palm Construction, Merchants Mntual Bonding Company WendeJin Rettenberger DBA, Ret- tenberger Tree & Landscape, Merchants Mutual Bonding Com- pany 1, 1967 I have authorized overtime pay for all employees who worked ov' ertime doing emergency flood work with the exception of four department heads. I request your permission to pay for the overtime accumulated dur- ing the flood period by these em- ployees. 1, Respectfully, Gilbert D. Chavenelle, City Manager Regular May Mayor May Mayor To the Honorable and City Council 202 To the Honorable and City Council Gentlemen: 205 impractical proposals such as the use of windshield sticker permits. The conclusion is that the alleys must be cleared. It is recommended that the Council abandon the station wagon policy and that Section 16.30 of the Traffic Code be enforced accord- ingly. It is also suggested, that if this recommendation be adopted the enforcement of the policy will go into effect on Tuesday, May 23rd, 1967 so that we can inform the owners of station wagons by press and radio of the policy change. I enclose for YOur information a letter from Chief Lucas, dated March 6, 1967, which sets out in further detail the alley parking problem. RespectfUlly submitted, Gilbert D. Chavenelle, City Manager Councilman Pregler moved ap- proval of the recommendation. Seconded by Councilman McCau- ley. Motion and second was not subjected to roll call. Mr. Robert Zehentner made quite a plea for the small business man in the downtown area. He sug- gested that the businesses should be allowed to sign for delivery ve- hicles. In his business he is sub- jected to a considerable amount of small and quick deliveries and it is quite necessary that a station wagon be available at all times. Mr. R. F. Sefzik also stated that it would be well to identify ve- hicles. Councilman Pregler then moved that the original motion of approval lie on the table until a meeting could be held by the Council and the Traffic Committee. Seconded by Councilman Pfohl. Carried by the following vote: Yeas - Mayor Ludwig, Council- men Pfohl, Pregler, Schultz. Nays--Councilman McCauley. May 1967 Mayor 1, 1, 1967 May Regular Session, be driven through the alley-ways. It is also increasingly difficult to deliver or pick up commercial mer- chandise. Some of this difficulty and dan- ger can be eliminated by not per- mitting station wagons to park in the alleys for two hours. Section 16.30 of the City Code reads Traffic )1'i'J';"'Y To the Honorable and City Council Gentlemen: I am returning to you the peti- tion regarding the improvement of Dexter Street. 1 would like to advise the Coun- cil that there is a considerable water problem which must be ta- ken care of before the street is HUnless actually engaged in tak- ing on or discharging persons, goods or merchandise, no per- son shall stop or park a vehicle in the alleys or portions of alleys enumerated in Schedule VII hereof, except that a commer- cial vehicle may park in any of said alleys for one period of not longer than two (2) hours ..........." The ordinance refers only to commercial vehicles which are ac- tually trucks, allowing them one two hour parking period. Schednle VlI is a list of the alleys in the downtown section. Some years ago, when station wagons were few the Council es- tablished the policy that station wagons were considered commer- cial vehicles and allowed the two hour parking privilege. This policy is being followed although condi- tions have greatly changed. There are now a great number of sta- tion wagons used as passenger ve- hicles. Some business places own as many as three station wagons; other businesses, without a deliv- ery service connection, own station wagons and park them in the al- leys. Downtown employees and managers and shoppers park their station wagons in the alleys. On Friday, February 17th, 16 sum- mons were issued to station wag- ons parked over the two hour limit. At 10;00 A.M., Saturday, February 18th, there were 9 sta- tion wagons parked in the alley east of Main and 18 parked in the alley west of Main between 5th and lOth Streets. In 1965, 1,672 alley parking tickets were issued to all types of vehicles and paid by the violators. In 1966, 2,331 snch tickets were issued and paid. In a single year this is a 39% increase in the alley parking problem. For SOme weeks the Traffic Division and the Traffic Committee have considered this problem. We have discussed and eliminated as Ludwig, Coun- Pfohl, Pregler, 1967 Either Lincoln or Rhomberg are The Traffic Division has investi- not good as one-way streets. gated the area and the Traffic In summary, the recommenda- COf!1mittee has considered the sit- tion to deny the petition is made uatIon.. .. . because the street is narrow, the In diSCUSSIOn, It was pomted out: volume of traffic is heavy, parked 1. that ~he highway is sufficient- cars have been hit when parking ly W.Ide ~or the passage of was permitted on both sides, and traffiC usmg 30th Street; the alternate one-way system ap- 2. that a no parking restriction pears to be ineffective. may increase the danger to I am attaching a letter from students givin~ ~em a false Chief Lucas and Captain Jenaman, ~ense of securIty If they play dated April 27th, which sets ont m the street; . . . the details of the investigation. 3. that a no parkmg restn~on Respectfully submitted could not be enforced durmg Gilbert D. Chavenelle ' the time students w~re being City Manager bronght to and picked up . from school, which times are Mayor LUd.wIg moved ~hat the the most dangerous for the recommendatIon of the CIty Man- students' ager ~e approved. Seconded by 4. that the' school has an avail- Councilman McCauley. Up~n roll able parking lot where pri- call the vote was as follo:"s. vate vehicles and buses can . Yeas - Mayor LudWIg, Coun- load and unload students in cUmen McCaul~Y. an off-street location. Nays-Councllmen Pfohl, Preg- I recommend that the petition ler, Schultz. be denied. MOTION FAILED TO CARRY. Respeclfnlly snbmitted, Mr. Ralph Cremer, a merchant Gilbert D. Chavenelle on Rhomberg Avenue, addressed City Manager the Council by questioning the Councilman Pfohl moved that number and kind of accidents as the recommendation of the City submitted in the City Manager's Manager be approved. Seconded by recommendation. Mr. Al Mescher Councilman McCauley. Carried by also a merchant on Rhomberg Ave- the following vote: nue stated that in his opinion the Yeas - Mayor Ludwig, Coun- buses are the greatest traffic haz- cilmen McCanley, Pfohl, Pregler, ard on Rhomberg Avenue. Mr. Schultz. Robert Rusch of Ruegnitz Drug Nays-None. Store stated that their place of Councilman Pfohl stated that he business is already considerably has received several complaints menaced by the great amount of from the residents on Lemon yellow painting, indicating no park~ Street due to parking of cars in ing. front of their properties all day Councilman Pfohl moved that long, by people who work at vari- proper Ordinance be prepared for ous businesses in the area, and this Council as the result of the moved that the various business vote on the Manager's recommen- places be contacted. Seconded by dation. Seconded by Councilman Councilman Pregler. Carried by the Pregler. Carried by the following following vote: vote: Yeas - Mayor Yeas _ Mayor cHmen McCauley, cHmen McCauley, Schultz. Schnltz. Nays-None. Nays-None. 1967 Gentlemen: The alleys in the downtown sec- tion of the City are blocked with parked vehicles. It is increasingly impossible to protect the area be- cause emergency vehicles cannot Regular Session, May 1 Ludwig, Coun- Pfohl, Pregler, 1, May Mayor 204 To the Honorable and City Council 1967 I am returning to you the peti- tion concerned with the traffic condition on 30th Street between Central Avenue and Lemon Street. 1, May Mayor To the Honorable and City Conncil Gentlemen -,~~-~---_. ..... ---- - . -- Regular Session, May 1, 1967 207 LUdwig, Coun- Pfohl, Pregler, Yeas - Mayor cHmen McCauley, Scbnltz. Nays-None. Councilman Schultz moved that the rule requiring an Ordinance to be read on three separate days be waived. Seconded by Mayor Lud- wig. Carried by the following vote: Yeas - Mayor Ludwig, Coun- cilmen McCauley. Pfohl, Pregler, Schultz. Nays-None. Conncilman Schultz moved that a pnblic bearing be held on the Ordinance on May 22, 1967 at 7 :30 o'clock P.M. (D.S.T.) in the Coun- cil Chamber at the City Hall and that the City Clerk be instructed to publish notice of the hearing in the manner required .by law. Seconded by Mayor Ludwig. Car- ried by the following vote: Yeas - Mayor Ludwig, Coun- cilmen McCauley, pfohl, Pregler J Schultz. Nays-None. ORDINANCE NO. 22-67 An Ordinance Amending Ordin.- ance No. 3349, known as the "Traffic Code of Dubuque, lowa" by enacting a new section 25 to provide that the provisions of Section 9.1 referring to reck- less driving and the provisions of 7.1, 7.2, 7.3, 7Aand 7.5 wh ich relate to the duty of a driver in the event of an acci- dent with an attended or un- attended vehicle, involving per- sonal injuries or involving dam- age thereto and relating to the duty to report accident to the police shall apply to the streets, highways a.nd elsewhere within the City of Dubuque, Iowa, presented and read. Councilman Pfohl moved that the reading just had be consider- ed the first reading of the Ordin- ance. Seconded by Councilman Schultz. Carried by the following vote: Yeas-Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays-None. Councilman Pfohl moved that the rule requiring an Ordinance to be read on three separate days be waived. Seconded by Council- man Schultz. Carried by the fol- lowing vote: Section 4. That the permission herein granted Is expressly conditioned upon permittees further agreement that should the right and priVilege herein granted be rescinded or revoked by the City Council, permittees, or their successors In interest, as owners of the abutting properlY, shall within thir!y (JO) days after receipt of written notice from the City Manager, so to do, at their own expense, remove said Rock wall and in the event of their failure so to do, the City of Dubuque shall be authorized to remove said Rock wall at permittees ex- pense and diSpOse of the same, and the permittees shall have no claim against the CilY or its agents for damages re- sulting from the removal of said Rock wall. Section 5. This Ordinance shall be- come effective and the rights here- under accure to Richard E. & Yvonne J. Walton when this Ordinance has been adopted by the City Council and the terms and conditions thereof ac- cepted by permittees by acceptance en. dorsed on this Ordinance. 1 5-4 Councilman Pregler moved final adoption of the Ordinance. Second- ed by Councilman McCauley. Car- ried by the following vote: Nays-None. this Yeas - Mayor Ludwig, Council men McCauley, Pfohl, Pregler. Schultz. F. Frommelt CilY Clerk ORDINANCE NO. 21-67 An Ordinance amending and changing Ordinance No. 3-34 known as the Zoning Map and Zoning Ordinance of the City of Dubuque so .s to change certain property hereinafter described from "Single Family Residence District" Classification to "Mul. tiple Residence District" Classi- fication, (Lot 5 of Lange's Sub- diVision) presented and read. Councilman Schultz moved that the reading just had be consid- ered the first reading of the Or- dinance. Seconded by Mayor Lud- wig. Carried by the following vote: Mavol M. SYLVESTER McCAULEY MERLIN F. SCHULTZ ELDON A. PFOHL WALTER A. PREGLER Councilmen ACCEPTANCE OF ORDINANCE NO. 2lJ..67 The undersigned having read and be- ing familiar with the terms and con- ditions of Ordinance No. 2lJ..67 hereby, for themselves, their successors or as- signs, as owners of the abuttIng prop. erty, accept the same and agree to be bound by the conditions and agreements therein contained to be performed by permittees. Dated .4-25-67. Yvonne J. Walton Richard E. Walton 2758 UnlversllY Ave. Dubuque, Iowa Property owners Published officiallY in The Telegraph_ Herald Newspaper this 4th day of May, 1967. Leo Passed, adopted and approved 1st daYR?~H~~b AL'((b~r~r ATTEST: Leo F. Fromme! City Clerk May 1, 1967 as the result of a backed-up sani- tary sewer at 1408 Dodge Street on April 22, 1967, presented and read. Councilman pfohl moved that the notice of claim be referred to the City Solicitor for investigation and report. Seconded by Council- man Pregler. Carried by the fol- lowing vole: Yeas - Mayor cHmen McCauley, Schultz. Nays-None. ORDINANCE NO. 20-67 An Ordinance authorizing Rich- ard E. & Yvonne J. Walton to construct a rock wall, presented and read, Councilman Pregler moved that the reading just had be considered the first reading of the Ordinance. Seconded by Councilman McCau- ley. Carried by the following vote: Yeas - Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays-None. Councilman Pregler moved that the rule be suspended requiring an Ordinance to be read on three separate days. Seconded by Coun- cilman McCauley. carried by the following vote: Yeas - Mayor men McCauley, Schultz. Nays-None. ORDINANCE NO. 20-67 AN ORDINANCE AUTHORIZING RICH. ARD E. & YVONNE J. WALTON TO CONSTRUCT ROCK WAll BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE. IOWA: Section 1. That Richard E. & Yvonne 1no:,:I~r' Lgr 1~~~'l. &fru~illr.~~r: in the CIIY of Dubuque be, and theY are hereby granted the revocable li- cense and authority to construd and maintain a Rock Wall under the terms and condlt1ons set forth In this Ordi- nance: Section 2. That such construdlon shall be done in accordance with plans here- tofore submitted by permittees and ap- proved by CIIY Manager, under the supervision and direction of the CIIY ~p~~~b'(e as~~te Inan~cCf::rna~ 1:'1h a~~ regulations, and the ordinances of the CIIY of Dubuque. Section 3. That the permission herein granted is expresslY conditioned on per- mittees agreement to: (a) Assume anY and all liability for damages to persons or properlY which may result from the exis- tence, construdion or maintenance of said Rock wall. (b) To pay on behalf of the City of Dubuque all sums which the City of Dubuque shall beCOme obligated to pay by reason of the lIabilllY Im- posed' upon the City of Dubuque for damages of anY kind resulting from the existence, construdlon or main- tenance of said Rock wall sus- tained by anY person or persons, ~~r:~3 ~r 1~~c1~:~t g~p~~~:~1~3' o~ behalf of said CIIY any claims against the City of DubUQue arising out of the existence, construction or main- tenance of Rock wall. Council Pregler Ludwig, Coun- Pfohl, Pregler, Ludwig, Pfohl Regular Session, Notice of claim of Emil F. Alt- haus, on behalf of Stephen Alt- haus, a minor, of 2020 Green Street, in an unspecified amount, for personal injuries received by said minor while working during the flood period on April 11, 1967, presented and read. Councilman Pfohl moved that the notice of claim be referred to the City So- licitor for investigation and re- port. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor cilmen McCauley, Schultz. Nays-None. Notice of claim of William R. Olseen of Stromsburg, Nebraska, in an estimated amount of $38.85, for car damage received as the result of being struck by a city garbage truck on April 28, 1967 while parked on Angella Street, present- ed and read. Conncilman Pfohl moved that the notice of claim be referred to the City Solicitor for investigation and report. Seconded by Councilman Pregler. Carried by tbe following vote: Yeas _ Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schnltz. Nays-None. Notice of Claim of Mrs. Heinz Failmezger, in the amonnt of $300 for damage and expense incurred improved. We will seek a soln. tion to the water problem and it maybe that the water situation can be remedied this summer. The best that can presently be done is to include Dexter Street in the 1968 program. I am enclosing a letter from the City Engineer, dated April 26th, which indicates that he will so inform Mrs. Musselman, one of the petitioners. Respectfully submitted, Gilbert D. Cbavenelle City Manager Mayor Lndwig moved tbat tbe recommendation of the City Man. ager be approved. Seconded by Councilman Schultz. Carried by the following vote: Yeas _ Mayor Ludwig, Coun- cilmen McCauley, pfohl, Pregler, Schultz. Nays-None. Ludwig, Coun- Pfohl, Pregler, 206 ~=~--"-,._---- Regular Session, May 1, 1967 .",> j~L.;I~c:J*:"'JIo>"" 209 (b) To pay on behalf of the City of DUbuque all sums which the City of Dubuque shall become obligateo to pay by reason of the liability imposed uPon the City of Dubuque for damages of any kind resultrng from the existence. construction or maintenance of saId Stone Retain_ ing Walt, sustained by any person or persons, caused by accident or of her wIse, to defend at' lis own ex- pense and on behalf of said City any claim against the Cify of Du- buque arising out of the existence, construction or maintenance of said Stone RetainIng Wall. Section 4. That the permission herein granted Is expressly conditIoned upOn rhe:mR~~1 f~~~he~ritll~e:"~n:reVriat g~~~~J3 be rescinded or revoked by the City Council, permittee, or his successors In Interest, as owners of the abuting prop- erty, shall within thIrty (30) days after receipt of written notice from the CIty Manager, so to do, at his own expense, remove said Stone Retaining Wall, and in the event of his failure so to do, the City of Dubuque shalf be authorized to remove said Stone Retaining Wall, at per- mittees expense and disPOse of the same, and the permlffee shall have no claim against the City or its agents for dam. ages resulting from the removal of said Stone Retainln9 Wall. Section 5. This Ordinance shall be- come effective and the rights hereunder accrue to Robert A. Beam when this Or. dinance has been adopted by fhe City Council and the terms and conditions ~~~~~e ai~ag~~ ~~ rhl~mm'i.lnablce.ac- Passed, adopted and approved this 1st day of May, A.D. ~~hard Ludwig Mavor M. SYlvester McCauley Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler Councilmen Leo F. Frommel City Clerk. Councilman Pregler moved final adoption of the Ordinance. Sec. onded by Councilman McCauley. Carried by the following vote: Yeas-Mayor Ludwig, Council. men M-cCauley, Pfohl, Pregler, Schnllz. Nays-None. Petition of Dale L. Reuter for vacation and possible purchase of an alley, or portion thereof, be- tween Ashton and Avoca streets. abutting the W'h of lots 304 and 305 Woodlawn Park Addn., pre- sented and read. Attest: Leo F. Frommelt City Clerk ACCEPTANCE OF ORDINANCE No. 2-4-67 The undersigned having read and be- Ing familiar with the terms and condi- tions of Ordinance No. 24-67 herebv, for himself, his successors or assigns, as r~n~~~: ~~a aa:r~i~ b:o~~trd ~icr~: condtions and agreements therein con- taIned to be performed by permittee. Dated May 1, 1967. Robert A. Beam Propertv Owner Published officially in The Telegraph_ Heraid Newspaper this 4th day of May, 1967. Councilman Pregler moved that the petition be referred to the Planning and Zoning Commission. Seconded by Councilman Pfohl. Carried by the following vote: Yeas-Mayor Ludwig, Council. men McCauley, Pfohl, Pregler, Schultz. NaYs-None. Passed, adopted ,"" approved this st dav of May, 1967. RICHARD LUDWIG Mayor M. SYLVESTER McCAULEY MERLIN F. SCHULTZ ElDON A. PFOHL WALTER A. PREGLER Councilmen ATTEST: Leo F. Frommelt City Clerk Published officially In The TelegrllPh Herald Newspaper this 4th day of Mav, 1967. Leo F. Frommelt City Clerk 1t 5-4 Councilman Pregler moved final adoption of the Ordinan-ce. Second- ed by Councilman Pfohl. Carried by the following vote: Yeas - Mayor Ludwig, Council men McCauley, Pfohl, Pregler. Scbultz. Nays-None. ORDINANCE NO. 2%7 An Ordinance authorizing Rob.' ert A. Beam to construct a stone retaining wall 4% feet on city property in front of 1801 Lin. coin Avenue, presented and read. Councilman Pregler moved that the reading just had be considered the first reading of the Ordinance. Seconded by Councilman McCau- ley. Carried by the fOllowing vote: Yeas-Mayor Ludwig, Council- men McCaUley, Pfohl, Pregler, Schultz. Nays-None. Councilman Pregler moved that the rule reqUiring an Ordinallce to be read on three separate days be waived. Seconded by Council- mna McCauley. Carried by the fol- lowing vote: Yeas-Mayor men McCauley, Schultz. Nays-None. Council- Pregler, ORDINANCE NO. 24-67 AN ORDINANCE AUTHORIZING Ro- bert A. Beam to construct a Stone Re- taining Wall 4V2 feet on CIty PrOPerty In front of 1801 Lincoln AVenue. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1 That Robert A. Beam, as owner of the premises known as Lot 553 Ham's Addltjon, in the City of Du- buque be, and he is hereby granted the revocable license and authority to con. struct and maIntain Stone RetainIng Wall, under the terms and conditions set forth in this Ordinance: Section 2. That such construction shall be done in accordance with plans here- tofore submItted bv permittee and ap.- proved by City Manager, under the suo pervlsion and direction of the City Mllnager, and in accordance with all applicable state and federal laws and rflgulatlons, and the ordinances of the City of Dubuque. Sec:tion 3. That the permission hereIn granted is expressly conditioned on per- mittee agreement to: (a) Assume any and all liability for damages to persons or propertv which may result from the exist. ence, construction or maintenance of said Stone Retaining Wall. Ludwig, Pfohl, Session, May 1, 1967 the first reading of the Ordinance. Seconded by Councilman Schultz. Carried by the following vote: Yeas - Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays - None. Councilman Pregler moved that the rule requiring an Ordinance to be read on three separate days be waived. Seconded by Council- man Schultz. Carried by the fol- lowing vote: Yeas - Mayor men McCauley, Schultz. Nays-None. ORDINANCE NO. 23-67 AN ORDINANCE REGULATING THE SALE TO MINORS OF MODEL GLUES CONTAINING SOLVENTS HAVING THE PROPERTY OF RE- ~T~WI~~ T~~XlltLE~~LOfi~~ (t~: MONL Y KNOWN AS "GLUE-SNIF- FING") OF SAID GLUES BY MI- NORS AND OTHERS; DEFINING MODEL GLUE AND PROVIDING PENALTIES FOR VIOLATIONS OF THE PROVISIONS HE,REOF. WHEREAS, In the recent past the sniffing of glue bv minors In the City of Dubuque has become II serious prob- lem; and WHEKt:;AS, It has affected minors particularly; and WHEREAS, If has been reported by competent medIcal authorities that the sniffing of glue can have a permanent deleterious effect upon ones health. NOW THEREFORE BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Definition of Model Glue- As used in this Ordinance the term "model glue" shall mean anv glue or cement of the type commonly used In the building of model airplanes, boats, and automobiles, containing toluene, ace- tone, or other solvent or chemical hav- ing the property of releaslnlil toxic va- ....,. Section 2. Inhalation of Fumes Pro- ~~~e~f~~US~~soa" c~~~I~oJo~ Tn~ox'r~: tion, euphoria, excitement, exhilaratIon, stupefaction, or dulling of the senses or nervous system, intentionally smell or Inhale the fumes from any model IilIU9; Provided, however, that this sectlon' shall not apply to the Inhalation of any anesthesia for medical or dental pur. poses. SectIon 3. Possession or Transfer for Unlawful Purpose Prohibited-No per- son shalf intentionallv possess, buy, sell transfer possession, or receive possession of anv model glue, for the purpose of transmitting or furnishing same to a person under 18 Veal'S of alile, except as provided in this Ordinance. {a1~t~~~Pt4. a~sepr~~id~nor~ ~~~l~lfodri (cl hereof, no person under 18 years of age' shall possess or buy arty model glue. (b) Except as provIded In subsection (c) hereof, no person shall sell or transfer possessIon of any lTlodel glue to another person under 18 years of age. (c) Provided, however, a person may sell or transfer possession of model glue to a person under 18 years of age for model building or other llilw- ful use where said minor Isac- companied bv a person over 18 veal's of age. Section 5. There is herebv excepted from the provisions hereof the sale of kits, for making models, ,which tontaln only enough glue to construct such model. Section 6. UpOn conviction for vIolation of MY of the provisions of this Ordl. Vi~~~f ~or:;::gPe slh~~ ~1oc.~lS:redbvb~m~ prlsonment of not more than thirtv d8YI. Council. Pregler Ludwig, Pfohl Mayor M. SYLVESTER McCAULEY MERLIN F. SCHULTZ ELDON A. PFOHL WALTER A. PREGLER Councilmen ATTEST: Leo F. Frommelt City Clerk Published officially In The Telegraph- Herald Newspaper this 4th day of MllY, 1967. Leo F. Frommelt City Clerk It.5-4 Councilman Pfohl moved fina adoption of the Ordinance. Second ed by Councilman Schultz. Car- ried by the following vote: Yeas - Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays-None. ORDINANCE NO. 23-67 An Ordinance regulating the sale to minors of model glues containing solvents having the property of releasing toxic vapors: prohibiting the illegal use {commonly known as "Glue. Sniffing"} of said glues by min- ors and others: defining model glue and providing penalties for violations of the provisions here- of, presented and read. Councilman Pregler moved that the reading just had be considered Yeas - Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Scbultz. Nays-None. ORDINANCE NO. 22-67 AN ORDINANCE AMENDING ORDi- NANCE NO. 33-49, KNOWN AS THE "TRAFFIC COD E OF DUBUQUE, IOWA" BY ENACTING A NEW SEC- TION 25 TO PROVIDE THAT THE PROVISIONS OF SECTION 9.1 RE- FERRING TO RECKLESS DRIVING AND THE PROVISIONS OF 7_1, 7.2, ~~i'iJ\N-p J~ ~H~~~v~~L~JET~~ f.rf~JD~b A~R Afi~~fTNETNWlbH :E~ HICLE, INVOLVING PERSONAL IN- JURIES OR INVOLVING DAMAGE TO PROPERTY LEGALLY UPON THE HIGHWAY OR ADJACENT THERETO AND RELATING TO THE DUTY -TO REPORT ACCIDENT TO THE POLICE SHALL APPLY TO THE STREETS, HIGHWAYS AND ELSE- WHERE WITHIN THE CITY OF DU- BUQUE, IOWA. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE ~~tTono~. D+'h~~Q6'r~rn~~~A~o. 33-49, known as the "Traffic Code of Dubuque, Iowa" be and the same Is hereby amended by enacting a new Section 25 thereto as follows: "25. The provisions of this Traffic Code relating to the operation of vehicies refers eXClusively to the operation of vehicles upon streets and highways ex- cept: 1) Where a different place is spe- cifically referred to in a given sec- tion. 2) The provisions of Section 9.1 end the provisions of 7.1, 7.2, 7.3, 7.4 and 7.5 inclusive of Ordinance No. 33-49 shall applV upon the streets and highways and elsewhere throughout the City of Dubuque." Passed, adopted and approved this 1st day R<r'CH'i'Jib l~JbWiG Regular 208 211 45 miles per hour. The Traffic Committee strongly feels that the speed limit for the entire bridge should be 35 miles per hour. It is hoped that the lower speed limit will reduce the probability RES.OLUTION NO. 110-67 and frequency of accidents without Resolution and Application for increasing congestion. Approval of the PennBnent I recommend that the Council T-ransfer of Funds. ~~vorably <consider a resolution WHEREAs, there is now in the recommending the 35 mile per hands of the treasurer the sum of honr speed limit to the Iowa State $138,420.66, credited to the Gen- Highway Commission. eral (Land Sales Acconnt) fund, Respectfully, and Gilbert D. Chavenelle, WHEREAs, it is desired to trans- City Manager fer $62,756.82 from the General Councilman Pregler moved that (Land Sales Account) Fund to the the communication be received and 1966 Emergency Flood Control filed. Seconded by Councilman Fund, for the following reasons: Pfohl. Carried by the following Ii.' 1966 a flood snob as was ex- vote: p.erlenced in 1965 was very pos-. Yeas sIble and preparations to meet this threat were dealt with as an emer- gency, causing this referred to ex- pense. This cost, as referred to, is now an overdraft that will be taken care of by tWs transfer as requested. and WHEREAS, said transfer is to be permanent in accordance with Sec- tion 24.22, Code of Iowa, and WHEREAS, there is sufficient money in the General (Land Sales Account) fund to meet all demands thereon, and WHEREAs, all laws relating to municipalities have been complied with, NOW THEREFORE, be it r~ solved by the City Council of Dn- buque, Iowa of Dubuqne County Iowa, subject to the approval of the State Comptroller, that said sum of $62,756.82 be, and the same is hereby transferred from the General Fund (Land Sales Ac- connt) fnnds to the 1966 Emergen- cy Flood Control fund, and the City Auditor (Secretarial officer) is directed to correct his books ac- cordingly and to notify the tre.... urer of this transfer, accompany_ ing the notification with a copy of this resolution and the record of its adoption. The vote thereon was as follows: Yeas - Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. Nays-None. Richard Lndwig (Presiding officer) Leo F. Frommelt (Secretarial officer) Council Pregler, Ludwig, Pfohl, May 1, 1967 Yeas - Mayor men McCauley, Schultz. Nays - None. Regular Session, Council- Pregler, RESOLUTION NO. WHEREAS, by reason of the heavy traffic congestion and high number of vehicle accident on the Julien Dubuque Bridge; and WHEREAS, The Traffic Committee has in- vestigated the congestion and ac- cident rate and recommended that the maximum speed limit be 35 miles per hour; NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA THAT: The City Council recommend to the Iowa State Highway Com. mission that the speed limit on the Julien Dubuque Bridge be set at 35 miles per hour, and that passing on the bridge be prohibited. Passed, adopted, and approved this 1st day of May, 1967. Richard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler Councilmen 109-67 Attest: Leo F. Frommelt, City Clerk Councilman Schultz moved adop- tion of the resolution. Seconded by Councilman Pfohl. Carried by the following vote: Ludwig, Pfobl, - Mayor McCauley, - None. men Schultz. Nays -~- -~- Regular Session, May 1, 1967 1 I t \ :t? ~' , ~. i t Hi J 1- men Schnltz. Nays-None. Petition of St. Paul's Evangelical Lutheran Church at 2025 Jackson St. requesting blacktop paving of the alley from 20tb to 21st street, presented and read. Councilman Pfohl moved that the petition be referred to the Manager, Street Commissioner and Engineer for in. vestigation and report. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Ludwig, men McCauley, Pfohl Schultz. Nays - None. Gentlemen: 10 the first four months of 1967, fourteen accidents have occurred on the Iowa end of the Julien Du- buque Bridge. Two people have been badly injured. In seven of the fourteen accidents, motorists have been charged with speeding. In the same time period last year, thirteen accidents occurred and ten people were injured. In nine of the thirteen accidents mot- orists were charged with speeding. At the present time the speed limit for the bulk of the bridge is )J~iJ,U.Jilli> Petition of Dubuque Downtown Merchants Assn. requesting per. mission to close 700, 800 and 900 blocks of Main Street from 8 :00 A.M. Friday, May 26th, to 5:30 P.M. Saturday, May 27, 1967, for promotion of "Summer in the City" days, presented and read. Council- man Pregler moved approval of the petition subject to approval of the City Manager. Seconded by Councilman Schultz. Carried by the following vote: Yeas - Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays - None. Petition of Peoples Natural Gas requesting permission to excavate at Crestwood Drive and J. F. K. Road, presented and read. Council- man Pfohl moved approval of the petition subject to approval of City Engineer. Seconded by Coun- cilman Schultz. Carried by the following vote: Yeas - Mayor McCauley, Council- Pregler, April 25, 1967 Mayor Council- Pregler, Ludwig, Pfohl, To the Honorable and City Council 210 Petition of A-I Plnmbing Cool- ing & Heating Co., requesting per- mission to excavate at 465 Bluff street, presented and read. Coun- cilman Pregler moved that the petition be granted subject to ap- proval of the City Engineer. Sec- onded by Councilman Schultz. Car- ried by the following vote: Yeas - Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays - None. Petition of V.F.W. requesting permission to hold a parade on Memorial Day, presented and read. Councilman Pfohl moved that the petition be referred to the Mayor and City Manager. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays-None. Petition of Thomas E. Hoffmann of 2915 VanBuren, requesting per- mission to connect to city water to property outside the city limits, presented and read. Councilman McCauley moved that the petition be referred to the City Manager and Water Department. Seconded by Councilman Pfohl. Carried by the following vote: Yeas - Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. Nays-None. Petition of Conrad Plumbing & Heating Co. requesting permission to excavate in the 800 block on Dodge Street, presented and read. Mayor LUdwig moved that the peti- tion be approved. Seconded by Councilman Schultz. Carried by the following vote: Yeas - Mayor Ludwig, Council- men McCauley, pfohl, Pregler, Schnltz. Nays - None. Petition of V.F.W. requesting permission to hold a poppy day sale on May 19th and 20th 1967, presented and read. Councilman Pfohl moved that the petition be referred to the Mayor and City Man.ager. Seconded by Council- man Pregler. Carried by the fol- lowing vote: Yeas - Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays - None. 213 Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Schultz. Carried by the following vote: Yeas - Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays - None. Communication of Dubuque Dock Commission submitting a resolution passed by them on April 27, 1967 renaming the Seventh Street Harbor to Charles E. Dove Harbor, presented and read. Mayor Ludwig moved that the communi- cation be received and filed. Sec- onded by Councilman Schultz. Car- ried by the following vote: Yeas - Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays - None. AMENDMENT TO LEASE The Lease Agreement entered RESOLUTION NO. 111-67 into August 2, 1965, between the WHEREAS, on August 2, 1965, City of Dubuque, Iowa, a Municipal City of Dubuque, Iowa, as Lessor Corporation, Lessor and Frommelt and Frommelt BUilding Corpora. Building Corporation, an Iowa tion as Lessee entered into a writ- corporation, Lessee, is hereby ten lease covering the following amended as follows: described real estate: (1) The description of the leased Sears Roebuck and Company property is amended to cover the Subdivision No.2 in the City of following described property only: Dubuque, Iowa; and Lot One (1) of the Subdivision WHEREAS, City of Dubuque, of Sears Roebuck and Com- Iowa, has sold a portion of the pany Subdivision Number Two above described real estate to (2) in the City of Dubuque, Frommelt Building Corporation. Iowa. NOW THEREFORE Be It Re- (2) The annual rental for such solved by the City Council of the property, commencing August 2, City of Dubuque, Iowa: 1967, shall be the sum of Two section I. That the lease dated Hundred Thirty-five Dollars ($235.- August 2, 1965, by and between 00), payable annually in advance. City of Dubuque, Iowa, as Lessor Executed in duplicate at Du- and Frommelt Building Corpora- buque, Iowa, this 1st day of May, tion as Lessee should be amended 1967. in the following respects: 1. The description of the leased property is amended to cover the following described prop. erty only: Lot 1 of the Subdi- vision of Sears, Roebuck and Company Subdivision No. 2 in the City of Dubuque, Iowa; 2. The annual rental for such property, commencing Au- gust 2, 1967, shall be the sum of Two Hundred TWrty-Five ($235.00) Dollars, payable an- nually in advance. Section 2. That the Mayor and City Clerk be and they are hereby authorized, empowered and direct- ed to execute the amendment to said lease for and on behalf of City of Dubuque, Iowa. May 1, 1967 Regular Session, plat of Mark Heights Subdivision and have found that it meets the requirements of the subdivision regulations. Attached is a letter from the City Engineer stating ap- proval of the plat. It is the recom- mendation of the Commission that the plat be approved. Respectfully submitted, Don Gilson, Director of Planning Councilman Pregler moved that the communication be received and filed. Seconded by Councilman Schultz. Carried by the following vote: Yeas - Mayor men McCauley, Schultz. Nays None. Council- Pregler, Ludwig, Pfohl, 1967 Passed, adopted and approved this 1st day of May, 1967. Richard Lndwig Mayor M. Sylvester McCauley Merlin F. Schnltz Eldon A. Pfohl Walter A. Pregler Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Schultz. Carried by the following vote: Yeas - Mayor cilmen McCauley, Schnltz. Nays-None. Ludwig, Coun- Pfohl, Pregler, 1 Regular Session, May 212 I hereby certify the above to a true and correct copy of reso tion passed by the City Council the 1st day of May, A.D. 1967. Leo F. Frommelt (Secretarial officer) APPROVAL The above application and reso- lution having been filed with the State Comptroller, the transfer re- quested is approved this 3rd day of May, 1967. Marvin R. Seldon, Jr. State Comptroller Councilman Pfohl moved adop- tion of the resolution. Seconded by Mayor Ludwig. Carried by the fol- lowing vote: Yeas - Mayor cHmen McCauley, Schultz. Nays-None. be In- on DOCK RESOLUTION NO. 4-27 WHEREAS, the City of DUbuque Board of Dock Commissioners, af- ter hearing a petition of the Cham- ber of Commerce and the Julien Dubuque Summer Carnival Group, has taken into consideration the long and faithful service of Charles E. Dove to the City of Dubuque and its people, and; WHEREAS, the City of DUbuque Board of Dock Commissioners wishes to give public recognition to this man who long has worked for his City and who has shown special interest in the Mississippi River, its problems and conditions, and; WHEREAS, the City of Dubuque Board of Dock Commissioners deems it to be in the best interests of the City of Dubuque to desig- nate and name the Seventh Street Harbor in the City of Dubuqne Harbor the "Charles E. Dove Har- bor"; NOW THEREFORE Be It Re. solved by the City of Dnbuqne Board of Dock Commissioners: Section I. That the City of Du- buque Board of Dock Commission- ers forward to the City Council their recommendation that the Seventh Street Harbor be renamed the Charles E. Dove Harbor. RESOLUTION NO. 112.67 Resolution Approving Plat of Subdivision of IIMark Heights/I WHEREAS there has been filed with the City Clerk a plat in which Subdivision of Mark Heights is platted as Lot 1, Lot 2 and Lot 3 of the Sub. of Mark Heights, in the City of Dubuque, Dubuque County, Iowa and, WHEREAS said plat has been examined by the City Plan Com- mission and had its approval en- dorsed thereon; and, WHEREAS said plat has been examined by the City Council and they find the same conforms to the Statutes and Ordinances relat- ing thereto; NOW, THEREFORE, BE IT RE- SOLVED BY TIIE CITY COUNCIL OF TIIE CITY OF DUBUQUE, IOWA: Section 1. That the above de. scribed plat be and the same is hereby approved and the Mayor and Clerk be and they are hereby authorized and directed to endorse the approval of the City upon said plat. Passed, adopted and approved this 1st day of May A.D., 1967. Richard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler Councilmen CITY OF DUBUQUE, IOWA, a Municipal Corporation, Lessor; BY Richard Ludwig Mayor and Leo F. Frommelt, City Clerk FROMMELT BUILDING CORPORATION, an Iowa Corporation, Lessee; By C. P. Frommelt, Its Sec. & Treas., 5-3-67 1, 1967 May and Ludwig, Coun- Pfohl, Pregler, Section 2. That the City of Du. buque Board of Dock Commission. er's Manager be in and she is hereby directed to transmit a cer- Attest: Leo F. Frommelt, City Clerk Honorable Mayor Council Members Gentlemen The City Planning and Zoning Commission has reviewed the final I' ''',.' ~....." 'jUu~i.J1lI""r---- 215 CLASS "C" BEER PERMIT Carl Chalder, 101 West 5th Street Carl Van Duelman, 590 Clarke Drive Passed, adopted and approved tbis 1st day of May, 1967. Richard Lndwig Mayor M. Sylvester McCauley Merlin F. Schnltz Eldon A. Pfohl Walter A. Pregler Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pfohl moved adop- tion of the resolution. Seconded by Councilman Schultz. Carried by the following vote: Yeas - Mayor LUdwig, Coun~ cHrnen McCauley, Pfohl, Pregler, Schnltz. Nays-None. Class l/811 Beer Permit Carl N. Brant-2600 Central DUe, Richard N. Stecklein-450 Locust Street. Kathleen L. Wedig-1399 Jackson Street. Karl Henry Oleson-1701 Asbnry Street. Raymond Ney-2186 Central DUe. Harriet Bush-700 East Street. Merlyn L. Avenue. 1, 1967 May Regular Session, Councilman Pregler moved adop- tion of the resolution and that a public hearing be held on June 5, 1967, at 7:30 P.M. in the Council Chamber at the City Hall and the City Clerk be instructed to publish notice of same as required by law. Seconded by Councilman Schultz. Carried by the fOllowing vote: Yeas - Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays - None. RESOLUTION NO. 115-67 WHEREAS, applications for Beer Permits have been submitted to this Council for approval and the same have been examined: NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the foIlowing applica- tions be granted and licenses be is- sued upon the compliance with the terms of the ordinances of the City. nne Denise O'Neill, 55 Locnst Street Pete S. Sfikas-Gust Karigan, 401. 405 Central A venne Dnbuqne Sports Bowl, 16th Street Ext. _JO RESOLUTION NO. 116-67 WHEREAS, applications for Beer Permits were filed by the within named applicants and they have received the approval of this Council; and WHEREAS, the premises to be occupied by'such applicants were inspected and found to comply with the ordinances of this City and they have filed proper bonds: NOW THEREFORE, Be It Re- solved by the City Council of the City of Dubuque, Iowa, that the Manager be and he is hereby di- rected to issue to the following named applicants a Beer Permit. Class IIBII Beer Permit Private Club Dubnque Golf and Country Club- 1800 RandaIl Place. Dubuque Metal Trades Council Clnb-l11 West 6th Street. Ave- West Ave- 16th Central Weber-1904 CLASS "B" BEER PERMIT PRIVATE CLUB DUhuque Golf & Country Club, 1800 Randall Place Dnbnque Metal Trades Council Club, 111 West 6th Street BE'ER PERMIT 2600 Central Ave- CLASS IIBII Carl N. Brant, nue Richard N. Stecklein, 450 West L0- cust Street Kathleen L. Wedig, 1399 Jackson Street Herbert F. Bisping, 1401 Elm Street Karl Henry Oleson, 1701 Asbury Road Raymond Ney, 2186 Central Ave- nue Harriet Bnsh, 700 East 16th Street Merlyn L. Weber, 1904 Central Avenue Charles R. Cnshing, 1091 Main Street Donald C. Sharpe, M.D., Dnhuqne Yacht Basin, Inc. Harry N. Gantert, 1301 Rhomberg Avenue Fred Ansel, 1100 Lincoln Avenue Marco Giunta, 2022 Central Ave- East Inc. 1967 DUBUQUE CITY COUNCIL Richard Ludwig Mayor M. sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler Councilme Attest: Leo F. Frommelt City Clerk Mayor Ludwig moved adoption of the resolution. Seconded by Councilman Pfohl. Carried by the following vote: Yeas - Mayor men McCauley, Schultz. Nays - None. RESOLUTION NO. 114-67 WHEREAS, Eldon T. Herrig peti- tioned the City Council to vacate Steven Court in St. George Sub- division and also requesting the vacation of that part of the St. George Subdivision known as Lots 1, 2, 3 and 4 of Block 4 and Lots 5, 6, 7, 8, 9 and Lot 2 of 4 of Block 3, in St. George Subdivision; and WHEREAS, the Planning and Zoning Commission of the City of Dubuque, Iowa, has consented to such vacation and has approved the same. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the vacation of Steven Court and the vacation of that part of St. George Subdivision known as Lots 1, 2, 3 and 4 of Block 4 and Lots 5, 6, 7, 8, 9, and Lot 2 of 4 of Block 3 of St. George Subdivision be and the same is hereby approved. Section 2. That the City Clerk be and he is hereby directed to publish notice of intent to dispose of interest in real estate as is by law required. Passed, adopted and approved this 1st day of May, 1967. Richard Ludwig Mayor M. Sylvester McCauley Eldon A. Pfohl Walter A. Pregler Merlin F. Schultz Councilmen Attest: Leo F. Frommelt, City Clerk tified copy of this Charles E. Dove. Passed, Adopted, and Approved tws 27th day of April, 1967. City of Dubuque Board of Dock Commissioners Signed, Don Mueller Chairman Joe R. Voelker Secretary Vincent J. Kaiser Commissioner Mayor Lndwig moved that the resolution be made a matter of rec- ord. Seconded hy Councilman Schnltz. Carried by the following vote: n Session, May 1, to resolution Council- Pregler, Ludwig, Pfohl, Ludwig, Coun- Pfohl, Pregler, RESOLUTION NO. 113.67 Resolution Designating and Nam- ing the Seventh Street Harbor as IICharles E. Dove" Harbor. WHEREAS, for many years Charles E. Dove has given unselfishly and un- stintingly of his time and energy in the public service, and WHEREAS, he has held many responsible offices in the City Government, private industry and in the Mis- sissippi Valley Association, and has conducted himself in such a manner as to reflect only cred. it upon himself and this City, and WHEREAS, it is only fitting and proper that Charles E. Dove be given public recognition of his service to this City, NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF DUBUQUE, IOWA: Section 1. That in public recog- nition of the long and outstanding public service of Charles E. Dove, that the Seventh Street Harbor in the City of Dnbnque, Iowa, be and the same is hereby designated and named as Charles E. Dove Harbor; Section 2. That the City Clerk be and he is hereby directed to trans- mit a certified copy of this resolu- tion to Charles E. Dove. Passed, adopted, and approved, this 1st day of May, 1967. Regular 214 Yeas - Mayor cilmen McCauley, Schultz. Nays-None. ''''to 217 May 1, 1967 Session, Mayor Ludwig moved that Allan J. Klein be appointed to the UD- expired term to March 5, 1971 of Bert Graham deceased on the Board of Zoning Adjustment. Sec- -onded by Councilman Pfohl. Car- ried by the following vote: Yeas-Mayor Ludwig, Council. men McCauley. Pfohl, Pregler, Schultz. Nays-None. There being no further business Councilman Schultz moved to ad- journ. Seconded by Councilman McCauley. Carried by the follow- ing vote: Yeas-Mayor Ludwig, men McCauley, Pfohl, Schultz. Nays-None. 967 Council Pregler, 967 .............................. Councilmen Regular Approved Adopted ii; 11:' ~ti 'i. l(' :if: 'I" I ll~P~~ City Clerk Attested: Session, May 1, 1967 Passed, adopted and approved this 1st day of May, 1967. Richard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler Councilmen Attest: Leo F. Frommelt City Clerk Councilman Schultz moved adop- tion of the resolution. Seconded by Councilman McCauley. Carried by the following vote: Yeas-Mayor Ludwig, men McCauley, Pfohl, Schultz. Nays-None. RESOLUTION NO. IIU7 WHEREAS, applications for Li- quor Permits were filed by the within named applicants and they have received the approval of this Council, and WHEREAS, the premises to be occupied by such applicants were inspected and found to comply with tbe State Law and all City ordinances relevant thereto and they have filed proper bonds; NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the follow- ing named applicants a Liquor Permit. Class HCII Commercial Establishment Raymond Ney-2186 Central nue. Charles R. Cushing-l091 Street. Passed, adopted and approved this 1st day of May, 1967. Richard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pfohl moved adop- tion of the resolution. Seconded by Mayor Ludwig. Carried by the following vote: Yeas-Mayor Ludwig, men McCauley, Pfohl, Schnltz. Nays-None. Council- Pregler, DUe. Denise O'Neill-55 Locust Street. Pete S. Sfikas and Gust Karigan- 401-405 Central Avenne. Dubuque Sports Bowl, InC.-East 16th Street Ext. Herbert F. Bisping-1401 Elm Street. Chtss IICU Beer PHmit Carl Chalder-l0l West 5th Street. Carl Van Duelman-590 Clarke Drive. BE IT FURTHER RESOLVED that the bonds filed by such appli- cants be and the same are hereby approved. Passed, adopted and approved this 1st day of May, 1967. Richard Lndwig Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pfohl moved adop- tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas-Mayor Ludwig, Council- men McCauley, Pfohl Pregler, Schultz. Nays-None. Ave- Main Council Pregler Main 216 Charles R. Street. Donald C. Sharpe, M.D.-Dubuque Yacht Basin, Inc. Harry N. Gantert-1301 Rhomberg Avenue. Fred Ansel-HOO Lincoln Avenue. Marco Giunta-2022 Central A ve- RESOLUTION NO. 117-67 WHEREAS, applications for Li- quor Permits have been submitted to this Council for approval and the same have been examined. NOW THEREFORE BE IT RE- SOLVED, by tbe City Council of the City of Dubnque, Iowa, that the following applications be granted and licenses issued upon the compliance with the terms of the lOW A LIQUOR CONTROL ACT-CHAPTER 123-as amended by tbe 60th General Assembly, 1963. Ave- Main Class lie' Commercial Establishment Raymond Ney-2186 Central nue. Charles R. Street. Cushing-I091 Regular Cushing-l091 219 of Director of the Department Urban Renewal-588-0017. Leo F. Frommelt, City Clerk 5-8-15 RESOLUTION NO. 120-67 WHEREAS, the City Council deems it advis- able to have a group of citizens who would serve as a committee in an advisory capacity to the City Council; and WHEREAS, such group of interested citizens should be formally appointed as a Citizens Advisory Commission; NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA THAT: There is hereby established a DUBUQUE ADVISORY COMMIS- SION whose pnrpose it shall be to: A. Consider the needs of the community. B. Establish priorities of said needs. C. Report to the City Council on needs and priorities. D. Cooperate with the City Coun- cil in seeking solutions to these needs. E. Report to the citizens at large the needs and solutions. F. Encourage maximum support toward SOlving the establish~ ed needs. Passed, adopted and approved this 5th day of May, 1967. Richard LUdwig Mayor M. Sylvester McCanley Merlin F. Schultz Walter A. Pregler Councilmen iring May 5, 1961 Session, LEGAL NOTICE OF HEARING PROPOSED DOWNTOWN URBAN RENEWAL PROJECT IN THE CITY OF DUBUQUE, IOWA Special Attest: Leo F. Frommelt, City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman McCauley. Carried by the following vote: Yeas - Mayor Ludwig, Council- men McCauley, Pregler, Schultz. Nays - Councilman pfohl. The fOllowing citizens were nam- ed to the Citizens Advisory Com- mission. One t. Year Term exp. May 5, 1968 Keith Sbeehy, 1955 Jeffrey Drive Roger Rhomberg, 245 Fremont Ave. Sam T. Pusateri, 2425 Green Sl. 2 Notice is hereby given in accord. ance with Section 403.5 of the Code of Iowa that a public hear- ing will be condncted by the City of Dubuque on the proposed Down- town Urban Renewal Project. Said hearing will be beld in Alumnae Lecture Hall, New Sci- ence Classroom Building, Clarke College, 1550 Clarke Drive, Du- buque, Iowa at 7:00 P.M. on the 18th day of May, 1967. All property owners shall take notice that said project known as the Downtown Urban Renewal Project, Iowa R.15 shall include the area bounded as follows: 4th Street on the sonth, Cen- tral Avenue on the east, 9th Street on the north, and Locust Street on the west. The purpose of this hearing is to consider- a proposal for the undertaking by the City of Du- buque, Iowa of a project under Chapter 403 of the Code of Iowa with federal financial assistance under Title I of the Housing Act of 1949, as amended to dale; to acquire land in the project area; to demolish or remove build- ings and improvements; to install, construct or reconstruct streets, utilities and other poject improve- ments; to make land available for development or redevelopment by private enterprise or public agencies as authorized by law; and to carry out plans for a program of repair and rehabilitation of build- ings. The proposals with respect to relocation policies and the program of the City of Dnbnque with re- spect to such policies will also be discussed at the hearing. Any person or oganization desir- ing to be heard will be given an opportunity to be heard at such meeting. Maps and materials are available for inspection at the office of the City Clerk, City Hall, Dubuque, Iowa between 8:00 A.M. and 5:00 P.M. except Saturdays, Sundays, and holidays. Telephone inquiries may be made to the office of the WHEREAS, Section 403.5 of the 1966 Code of Iowa provides that the Local Governing Body shall hold a public hearing on an urban renewal project after public notice thereof by a newspaper having a general circulation in the area of operation of the municipality, and WHEREAS, the Part I Applica- tion of the Final Project Report for the Downtown Urban Renewal Project, Iowa, has been submitted to the Department of Housing and Urban Development, United States of America, and WHEREAS, a pnblic hearing on the urban renewal project is re- quired in the preparation and sub- mission of the Part IT Application of the Final Project Report in order to obtain federal financial assistance. BE IT THEREFORE RESOLVED by the City Conncil of the City of Dubuque, Iowa: Section 1. That a public hearing on the Downtown Urban Renewal Project, Iowa R-15, will be held at 7:00 P.M. on May 18, 1967, in Alumnae Lecture Hall, New Sci- ence Classroom Building, Clarke College, 1550 Clarke Drive, Du- buque, Iowa. Section 2. That the City Clerk is hereby directed to cause a notice of the time and place of such hearing be published in some newspaper published in the City of Dubuque and which shall not be less than ten (10) days prior to the day fixed for such hearing from the day of the first publication. Section 3. That the form of notice to be published shall be in the form and style as attached hereto and made a part hereof. Passed, adopted, and approved this 5th day of May, 1967. Richard Lndwig Mayor M. Sylvester McCanley Merlin F. Schnltz Walter A. Pregler Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman McCauley. Carried by the following vote: Yeas-Mayor Ludwig, Council men McCauley, Pregler, Schultz. Nays-Councihnan Pfohl. 1961 May 5, Session, COUNCIL OFFICIAL Special Session May 5, 1967. Council Met at 7:30 P.M. (D.S.T.) Present-Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. City Manager Gilbert D. Chavenelle. Mayor LUdwig read the call and stated that service thereof had been duly made and this meeting is called for the purpose of adopt- ing a resolution fixing the date of public hearing for the Downtown Urban Renewal Project Iowa R-15, and acting upon such other busi- ness as may properly come before a regular meeting of the City Council. Council- Pregler, RESOLUTION NO. 119-67 Fixing the Date for the Pub- lic Hearing for the Downtown Urban Renewal Project Iowa R.1S. Special 218 CITY Notice of Suit by Life of Mid- America Insurance Company vs. Merlin L. and Janet M. Reittinger, City of Dnbnqne, State Tax Com- mission and Beneficial Finance Co. of Iowa in the total amount of $14,858.42 (city has an interest in the amount of assessment for street constructed in 1966 namely W. 5th Street) presented and read. Mayor Lndwig moved that the notice of Suit be referred to the City Solicitor for investigation and report. Seconded by Councilman McCanley. Carried by the follow- ing vote: Yeas-Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schnltz. Nays-None. Petition of Dubuque Jaycees re- questing permission to hold an orderly protest march in down- town Dubuque on Saturday, May 13, from 1:00 to 4:00 P.M. against careless and reckless driving, pre- sented and read. Councilman Pregler moved that the petition be referred to the Mayor, Manager and Traffic De- partment for approval. Seconded by Councilman Pfohl. Carried by the following vote: Yeas-Mayor Ludwig, men McCauley, Pfohl, Schnltz. Nays-None. 221 printing of a brochure outlining the summer program and also list- ing other organizations in the city that provide some type of leisure time activity. The third phase of the program would entail the use of a mobile p.a. system to go out into the neighborhoods advertising the progam and stopping at spec- ific areas to allow the neighbors to ask questions and present ideas or suggestions. Councilman Pregler moved ap- proval of the program. Seconded by Councilman McCauley. Carried by the following vote: Yeas - Mayor Ludwig, Council men McCauley, Pfohl, Pregler. Nays-None. Absent-Councilman Schultz. Petition of S. Frank Murray re- questing extension of the storm sewer behind 1170 Victoria Place, due to continued washout, present- ed and read. Councilman McCauley moved that the petition be referred to the Manager and Engineering Department. Seconded by Mayor Ludwig. Carried by the following vote: Yeas-Mayor Ludwig, Council- men McCauley, Pfohl, Pregler. Nays--None. Absent-Councilman Schultz. Petition of Mrs. Donald Wagner et al requesting the installation of a street light at Alpine & Car- lotta streets, presented and read. Councilman Pregler moved that the petition be referred to the Manager and Electrical Inspector for investigation and report. Sec- onded by Councilman Pfohl. Car- ried by the following vote: Yeas - Mayor Ludwig, Council men McCauley, Pfohl, Pregler. N ays--N one. Absent-Councilman Schultz. Councilman Schultz entered Council Chamber at 7:55 P.M. ..............................1967 .........................1967 the Petition of A. Y. McDonald re- questing an easement on the road- way leading into the area of Maus Conservation Park from the north end of the property to the south end along the westerly side, pre- sented and read. Councilman Pfohl moved that the petition be refer- ed to the staff for proper proced- ure. Seconded by Councilman Pregler. Carried by the following vote: May 9, 1967 Special Session OFFICIAL Special Session, May 9, 1967. Council met at 7:30 P.M. (D.S.T. Presenf-Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler. City Manager Gilbert D. Chav- enelle. Absent at roll call-Councilman Schultz. Mayor LUdwig read the call and stated that service thereof had been duly made and this meeting is called for the purpose of adopt- ing a RESOLUTION AUTHORIZ- ING AND APPROVING THE SUB- MISSION TO THE DEPARTMENT OF HOUSING AND URBAN DE- VELOPMENT OF A WORKABLE PROGRAM FOR THE CITY OF DUBUQUE, IOWA, and acing upon such other business as may proper- ly come before a Regular meeting of the City Conncil. Petition of the Playground and Recreation Commission requesting permission to use a mobile P. A. system to travel into the neighbor- hoods advertising their programs providing leisure time activity, pre- sented and read. Councilman Preg- ler moved that the communication be received and filed. Seconded by Mayor Lndwig. Carried by the fol- lowing vote: Yeas - Mayor Ludwig, Council- men McCauley, Pfohl, Pregler. Nays-None. Absent-Councilman Recreation Director Richard J. Slattery explained to the Council as to what the Playground Com- mission is trying to accomplish by embarking upon a public relations publicity campaign. The first step in the program was to purchase identification badges and uniform blouses and skirts for the program people. The Second step was the CITY COUNCIL Session, May 5, 1961 Yeas - Mayor Ludwig, men McCauley, Pfohl, Schultz. Nays--None. The Council went into an Execu~ tive Session at 8:50 P.M. to con- sider appointments to various Boards and Commissions and re- turned to the Council Chamber at 9:10 P.M. without arriving at any publicized results. There being no further business Councilman McCauley moved to adjourn. Seconded by Councilman Pregler. carried by the folIowing vote: Yeas - Mayor McCauley, F. Frommelt, City Clerk Approved Adopted Schnltz. Councilman Pfohl moved that the rules be suspended in order to let anyone present address the Council if they so desire. Seconded by Councilman Pregler. Carried by the following vote: Yeas-Mayor Ludwig, Council men McCauley, Pfohl, Pregler. Nays-None. Absent-Councilman Schultz. Council- Pregler, Council- Pregler, Bunker Councilman McCauley moved that Joseph Ragatz be named Vice- Chairman of the Citizens Advisory commission. Seconded by Council- man pfohl. Carried by the folIow- ing vote: . Yeas - Mayor men McCauley, Schultz. Nays-None. ..........................................cou~cl"imeii. ..............................................-- City Clerk Ludwig, pfohl, men Schultz. Nays-None. Leo Year Term expiring May 5, 1970 Donald R. Meyers, 2314 Washing- ton St. Joseph Ragatz, 3344 Tibey Court Mrs. Doyle Smith, 601 Angella St. Robert Lungwitz, 2327 Roosevelt St. Joseph A. Hill Special Joseph MuelIer, 2132 Avalon Road Rev. Allen Maruyama, 2405 Crissy Drive Donald Klauer, 3570 Keymont Two Year Term expiring May 5, 1969 Mrs. Dorothea Green, 1855 Atlantic Eldon Digman, 3080 Barony Drive Dr. Paul Laube, 1720 Overview Ct. James C. Schiltz, 2700 Brunswick Lawrence Wolff, 742 Clarke Drive Saul Greenstein, 2345 Simpson st. Three Councilman Pregler moved that Dr. Paul Laube be named Chair- man of the Citizens Advisory Com- mission. Seconded by Councilman Schultz. Carried by the folIowing vote: Yeas _ Mayor Ludwig, Council- men McCauley, Pregler, Schultz. Nays _ Councilman Pfohl. Council- Pregler, Attest: Mayor Ludwig moved adoption of the Commission as a whole. Sec- onded by Councilman Pregler. Car- ied by the folIowing vote: 220 2140 Lndwig, Pfohl Paradiso, JJJ';p ,. 223 Mter some discussion amongst the members of the Council Coun- cilman McCauley moved that the meeting be held at Clarke COllege as planned and according to the notice as already published. Sec- onded by Councilman Ludwig. Car- ried by the following vote: Yeas - Mayor Ludwig, Council- men McCauley, Pregler, Schultz. Nays-Councilman Pfohl. There being no further business Councilman Pregler moved to ad- journ. Seconded by Councilman McCauley. Carried by the follow- ing vote: Yeas--Mayor men McCaUley, Schultz. NaYS-None. Leo Council- Pregler, Frommelt, City Clerk LUdwig, Pfohl, F. May 9, 1967 Session, NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: THAT THE CITY COUNCIL OF DUBUQUE, IOWA HONORS ARN- OLD UTZIG AND PAYS TRIBUTE TO HIS MEMORY AND EXPRESS THEIB DEEP SYMPATHY TO HIS WIFE AND FAMILY. BE IT FURTHER RESOLVED THAT THIS COUNCIL DIRECTS THE FLAGS ON ALL CITY BUILDINGS TO BE FLOWN AT HALF MAST DURING THE PER- IOD OF MOURNING AND THAT A CERTIFIED COpy OF TIllS RESO. LUTION BE FORWARDED TO HIS WIFE AND FAMILY. Passed, adopted and approved, May 9, 1967. Richard Ludwig Mayor M. Sylvester McCauley Merlin F. Scbultz Eldon A. Pfobl Walter A. Pregler Councilmen Attest: Leo F. Frommelt City Clerk Mayor LUdwig moved adoption of the resolution. Seconded by Councilman Schultz. Carried by the following vote: Yeas - Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. NaYs-None. Conncilman Pfohl suggested that it would prObably be in tbe better interest of the public if Senior High Auditorium be considered as the place to hold the public hear- ing on the proposed downtown urb- an renewal project, scheduled for May 18, 1967, rather than Clarke College, due to mainly better park- ing facilities and accommodations. Special May 9, 1967 5. The recognition of need by the community and the development of the means for meeting the costs of carrying out an effective program for the elimination and prevention of slums and blight; 6. A community to relocate famil- ies and individuals displaced by governmental action in decent, safe, and sanitary housing with- in their means; and 7. Community-wide participation on the part of responsible individ- uals and repesentative citizens organizations which will help to provide, both in the community generally and in selected areas, the understanding and support necessary to accomplish com- munity goals. Be it therefore resolved by the City Conncil of tbe City of Du- buque, Iowa: Section 1. That the Mayor is hereby authorized to sign and to file with the Department of Hous- ing and Urban Development, Unit- ed States of America, a Workable progam for Community hnprove- ment for the City of Dubuque. Passed, adopted, and approved tbis 9th day of May, 1967. Richard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz Walter A. Pregler Councilmen Attest: Leo F. Frommelt, City Clerk Councilman McCauley moved adoption of the resolution. Second- ed by Councilman Pregler. Carried by the follOwing vote: Yeas-Mayor Ludwig, Council- men McCauley, Pregler, Schultz. Nays-Councilman Pfohl. RESOLUTION NO. 122-67 WHEREAS, Arnold Utzig has represented Du- buque in the General Assembly of the State of Iowa for many years; and WHEREAS, he perfomed most diligent and considerate service on the Parole Board of the State of Iowa; and WHEREAS, throughout his life he has con- tinuously served the citizens of Dubuque and has worked for the betterment of the community. Session, Special Ludwig, Pfohl, Yeas - Mayor men McCauley, Schultz. Nays-None. Petition of William B. Miska et al requesting the installation of street lights on Brueck Road, pre- sented and read. Councilman Preg- ler moved that the petition he referred to the Manager and Elec- trical Inspector for investigation and report. Seconded by Council- man Pfohl. Carried by the follow- ing vote: Yeas-Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays-None. Petition of Rohert Schnte et al requesting the installation of street lights in Orchard Hills Subdivision, presented and read. Councilman Pregler stated that possibly the area could be encouraged to install boulevard lighting, said cost to be borne by the Subdivider, after which remark he moved that the petition be referred to the Man- ager and Electrical Inspector for investigation and report. Second- ed by Mayor Lndwig. Carried by the following vote: Yeas-Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schnltz. Nays-None. RESOLUTION NO_ 121-67 Authorizing and Approving the Submission to the Department of Housing and Urban Develop- ment of a Workable Program for the City of Dubuque, Iowa. Whereas, the City of Dubuque is convinced of the need of a Work- able Program for Community 1m. provement as an essential tool for the orderly growth and redevelop- ment of the entire City through: 1. An improved administration of codes and ordinances which sets the minimum conditions under which dwellings may be lawfully occupied; 2. The official recognition of a cur- rent comprehensive g e n era 1 plan; 3. A program for seeing that each neigbl,orhood is made up of de- cent homes in a suitable living environment; 4. The administrative responsibility and capacity for carrying out an overall Workable progam for Community Improvement activ- ities; Council Pregler 222 ~, ",~._._...,~~~"",,,,,"~~ 225 found and determined that the said Plan conforms to the gen- eral plan for the development of the City of Dubuque, Iowa, as a whole." Subsection 1 of Section 403.5 of the 1966 Code of Iowa provides: "A municipality shall not ap- prove an urban renewal project for an urban renewal area un- less the governing body has, by resolution, determined such area to be a slum area or blighted area or a combination thereof, and designated such area as ap- propriate for an urban renewal project." In conformance with this pro- vision the Council of the City of Dubuque ado p t e d Resolutions Numbered 122-62 and 59.65 desig. nating the area known as the Downtown Urban Renewal Project Area, Iowa R-15 as a slum, blight- ed, deteriorated, or deteriorating area appropriate for an urban re- newal project. is defined in Sec- tbe 1966 Code of "Slum area" shall mean an area in which there is a pre- dominance of buildings or im- provements, whether residential or non-residential, which; by reason of dilapidation, deteriora- tion, age or obsolescence; by reason of inadequate provision for light, air, sanitation, or open spaces; by reason of high den. sity of population and over- crowding; by reason of the ex. istence of conditions which en~ danger life or property by fire and other causes; or which by any combination of such factors, is conducive to ill health, trans- mission of disease, infant mor- tality, juvenile delinquency or crime, and which is detrimental to the pnblic health, safety, mor- als or welfare." WJLi>'" Section 403.17 of the 1966 Code of Iowa also defines a blighted area as follows "Blighted area" shaH mean an area which by reason of the presence of a substantial num. ber of slum, deteriorated or de. teriorating structures, predomi- nance of defective or inadequate street layout, faulty lot layout in relation to size, adequacy, ac- A slum area tion 403-17 of Iowa as follows: Also in conformance with Sub. section 4 of Section 403.5 of the 1966 Code of Iowa, the Dubuque Planning and Zoning Commission adopted on February 16, 1967, Resolution No. 2 which stated: "That based on an analysis of the Urban Renewal Plan for the Downtown Urban Renewal Proj- ect, Iowa R-15, it is hereby 1967 May 18, Special Session, In the late spring and early summer of 1966, a 100% survey of all families and individuals was conducted by Barton-Aschman As- sociates on behalf of the City of Dubuque. The results of the sur- vey indicated that there were 36 families and 48 individuals living in the Downtown Urban Renewal Project area. The survey also showed that all of the families and individuals will relocate into private hOUSing. It is anticipated that during the relocation period 566 standard rental units and 441 standard pri- vate sales units will be available within the income limits and loca- tion requirements for 27 of the 36 families and 44 of the 49 individu- als. It is estimated that the re- maining 9 families and 5 individu- als will require rent supplementa- tion as standard hOUSing is not ex- pected to become available within their ability-to-pay. Subsection 14 of Section 403.6 of the 1966 Code of Iowa provides every municipality shall have all the powers necessary: * * * "To supplement the rent re- quired to be paid by any family residing in the municipality forced to relocate by reason of any governmental activity, pro. vided it is necessary to do so in order to house such family in decent, safe and sanitary housing and provided further that such family does not have sufficient means, as determined by the municipality, to pay the required rent for such housing. Any such rent supplement for any such family shall not con. tinue for more than five years." In conformance with the above provision, the City of Dubuque will establish and carry out a local rent supplementation program for those families and individuals de- termined to be eligible for such assistance. A feasible method exists for the location of families who will be displaced from the urban renewal area into de- cent, safe and sanitary dwell- ing accommodations within their means and without un- due hardship to such fami- lies; The urban renewal plan con. forms to the general plan of the municipality as a whole; * * *" b. May 18, 1967 DOWNTOWN URBAN RENEWAL PROJECT PROJECT NO. IOWA R.1S Dubuque, Iowa PUBLIC HEARING STATEMENT This public hearing is being held as a requirement of state and federal law. Subsection 3 of Sec- tion 403.5 of the 1966 Code of Iowa provides May 18, 1967 "The local governing body shall hold a public hearing on an urban renewal project after public notice thereof by publi- cation in a newspaper having a general circulation in the area of operation of the municipality. The notice shall describe the time, date, place and purpose of the hearing, shall generally identify the urban renewal area covered by the plan, and shall outline the general scope of the urban renewal project under consideration." Section 4-3 of the Urban newal Manual provides: "The notice shall be published at least once a week, for not less than 2 successive weeks im- mediately prior to the date of the hearing, in at least one newspaper of general circulation in the locality. The first publi- cation shall not be less than 10 days prior to the date of the hearing, inclusive of the date of publication but exclusive of the date of hearing." In conformance with the above provisions, notice was published on May 8, 1967 and May 15, 1967, in the Telegraph-Herald, a news- paper of general circulation in the Dubuque area. Certified copies of the notice of public hearing are herewith submitted as evidence of publication. In addition notice was also sent by regular mail to pro- perty owners, if their address was known, and to all occupants within the urban renewal area on May 9, 1967. A copy of this notice is also submitted. Subsection 4 of Section of 403.5 of the 1966 Code of Iowa provides: "Following such hearing, the local governing body may ap- prove an urban renewal project if it finds that: a. Re- Session, Council- Pregler, Council~ Pregler, Printed Legal Notice of Hearing, Proposed Downtown Urban Renew- al Project in the City of Dubuque, Iowa, as mailed from the office of the Urban Renewal Director, pre- sented and read. Councilman Preg- ler moved that the printed notice be received and filed. Seconded by Councilman McCauley. Carried by the following vote: Yeas--Mayor Ludwig, men McCauley, Pfohl, Schultz. Nays-None. CITY COUNCIL OFFICIAL Special Session, May 18, 1967. Council met at 7:00 P.M. (D.S.T. at Clarke College in Alumnae Lec' ture Hall, 1550 Clarke Drive. Present-Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. City Manager Gilbert D. Chaven- elle. Mayor Ludwig read the call and stated that service thereof had been duly made and this meeting is called to conduct a public hear- ing on the proposed downtown urb- an renewal project Iowa R-15 and acting upon such other business as may properly come before a regular meeting of the City Coun- cil. Proof of Publication, certified to by the Publisher, of Legal Not- ice of Hearing on Proposed Down- town Urban Renewal Project in the City of Dubuque, Iowa, presented and read. Councilman Pfohl moved that the proof of publication be received and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas--Mayor Ludwig, men McCauley, Pfohl, Schultz. Nays-None. Special 224 227 Schnee, 2044'h White Street, Ang- ust Lubs and Clara Lubs, 1205 Pamela Court, Mrs. Agnes Schmit, 2195 Avalon Road, Donald Zelle & Mrs. Don Zelle, 3170 Asbury Road, J. E. Travis and Mrs. J. E. Travis, 200 Devon, Raymond P. Klaas, Genevieve M. Klass, 1805 Lincoln Ave., Mrs. Ray Kluck and Ray Kluck, 1576 Glen Oak, Marion J. Ryder, 433 Bluff St., Elizabeth M. Kamps, 428'h W. 5th St., Mrs. J. C. Collins, 425 Bluff St., Esther Fritschel, 2146 BroadlawD. Councilman Pfohl moved that the petitions be received and filed. Seconded by Mayor Ludwig. Car- ried by the fOllowing vote: Yeas-Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays-None. Communication of Sam Pusateri of 2425 Green St. requesting per. mission to address the Council at the Urban Renewal hearing on May 18, 1967 at Clarke College, presented and read. Councilman McCauley moved that the com. munication be received and filed. Seconded by Mayor Ludwig. Car- ried by the following vote: Yeas-Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schnltz. Nays-None. J~P')l<.";o; Communication of A. L. Weitz of 2999 Burden Ave. requesting permission to speak at the pub- lic hearing scheduled for May 18, 1967, presented and read. Mayor LUdwig moved that the communi. cation be received and filed. Sec- onded by Councilman Pregler. Car- ried by the following vote: Yeas-Mayor Ludwig, Council- men McCanley, Pfohl, Pregler. Schultz. N ays--N one. Petition of Raymond Taylor re- questing permission to be heard at the public hearing on Federal Urban Renewal to be held on May 18, 1967 at Clarke College, presented and read. Mayor Lud- wig moved that the petition be received and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas-Mayor Ludwig, men McCauley, Pfohl, Schnltz. Nays-None. Council. Pregler, May 18, 1967 Session, .by Councilman by the following Ludwig, Coun- Pfohl, Pregler, Communication of AI Mescher of 2160 Avalon Road requesting that an opportunity be given the voter to decide on the current Urban Renewal issue via the ballot box and abide by that opinion. present. ed and read. Councilman Pfohl moved that the communication be received and filed. Seconded by Mayor Ludwig. Carried by the fol- lOwing vote: Yeas - Mayor cHmen McCauley, Schultz. Nays-None. Ludwig, Coun- pfohl, Pregler, Communication of Mrs. Ray Krieg of 1433 Montrose Terrace re- questing that the qnestion of Ur- ban Renewal be brought to a ref- erendum, presented and read. Councilman Pregler moved that the communication be received and filed. Seconded by Council- man Pfohl. Carried by the follow- ing vote: Yeas - Mayor cUmen McCauley, Schultz. NaYS-None. Ludwig, Coun- Pfohl, Pregler, Communication of Attorney Dor- othy C. Saner, Chairman of C.O. S. T. submitting a petition contain- ing 4774 names requesting that the voters be allowed to determine whether or not Dubuqne should have Federal Urban Renewal, pre- sented and read. Mayor Ludwig moved that the petition be re- ceived and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Ludwig, Coun- cilmen McCauley. pfohl, Pregler, Schultz. Nays-None. The following referendum re- quests on whether or not Dubuque should have Federal Urban Re. newal, were received by mail in the office of the City Clerk and were presented and readj Jessie Hoerner Dishong, Homer Dishong, Dick Pettengell of 331 Bluff St., Elmer W. Leslein, Ann Leslein, 1877 Garfield Ave., Rose Marie Alba, 1301 Lincoln Ave., Frank Special filed. Seconded Pregler. Carried vote: Yeas - Mayor cilmen McCauley. Schultz. Nays-None. " 1967 Substantial elements of blight have been found to exist in the project area which cannot be remedied by the ordinary efforts or operations of private enterprise but does require public participa- tion to assure the successful re- turn of the area to a long-term sound condition. Councilman McCauley move d that the public hearing statement be received and made a matter of record. Seconded by Councilman Pregler. Carried by the fOllowing vote: Yeas-Mayor men McCauley, Schultz. Nays-None. 558 Locust Street Dubuque, Iowa May 18, 1967 Honorable Mayor and Members of City Conncil Gentlemen: This is to advise that my wife, lona R. Bandy, and myself own property at 558 Locnst Street which is located in the downtown urban renewal project. We occupy this property as our home. This matter has been discussed several times in the past with the Director of Urban Renewal, and he has identified the property as one of the properties to be pur- chased by the City and cleared for redevelopment. I also understand that tWs has been made a matter of public rec- ord in the Final Project Report. Yours truly, Donald J. Bandy Councilman McCauley moved that the communication be re- ceived and made a matter of rec- ord. Seconded by Councilman Pfohl. Carried by the following vote: Yeas - Mayor Ludwig, Coun. cHmen McCauley, Pfohl, Pregler, Schnltz. Nays-None. Communication of Almagamated Meat Cutters and Butcher Work- men of North America Local Un- ion No. 150 endorsing a petition for an election on the matter of Urban Renewal by backing the County Organization for Stabiliza- tion of taxes, presented and read. Councilman Pfohl moved that the communication be received and Council. Pregler, Ludwig, Pfobl, 18, Session, May cessibility or usefulness, insani- tary or unsafe conditions, deteri- oration of site or other improve- ments, diversity of ownership, tax or special assessment delin. quency exceeding the fair value of the land, defective or unusual conditions of title, or the exist- ence of conditions which en- danger life or property by fire and other causes, or any com- bination of such factors, sub- stantially impairs or arrests the sound growth of a municipality, retards the provision of housing accommodations or constitutes an economic or social liability and is a menace to the pUblic health, safety. morals or welfare in its present conditions and use. * * *" . To substantiate the findings of the City Council and to meet the requirements of Section 403 of the 1966 Code of Iowa, Barton-Ascb- man Associates, Urban Renewal Consultants, conducted on behalf of the City of Dubnque a land use and buildings conditions sur- vey during 1966. The surveys con- ducted included a 100% exterior inspection and 98 % interior in- spection of the structures in the project area. The significant re~ sults of the survey were as fol- lows: 93.3% of the total of 150 struc- tures in the area were found to contain building deficien- cies. 52.9% of the total of 122 struc- tures to acquire were rated structurally substandard to a degree warranting clearance. 23.8% of the total of 122 struc- tures to acquire were rated in need of major repair. In addition to the above facts 18 structures of the 122 structures to acquire were rated as warrant- ing clearance, in order to remove blighting influences caused by in- compatible uses or land use rela- tionships and obsolete building types not suitable for improve. ment or conversion. As has been demonstrated, the requirements of Section 403 of the 1966 Code of Iowa have been met. The Downtown Urban Re- newal Project in accordance with applicable definitions is a "Slum Area" and is a "Blighted Area." Special 226 ~ Walsh of 1728 Diane Court, a Cen- tral Avenue merchant at 13th street, supported the plan and stated that he would' like to see the plan extended to his area. Mr. L. J. Schiltz of 366 York Street, a member of the Iowa National Investment Co., stated that his company has already started plans for the motel complex contemplat- ed for the urban renewal area. Mr. John Duffey, realtor, voiced his full support of the Downtown Urban Renewal project. Mr. Har- vey Zuckerman of Bradley St. and Owner of downtown real estate urged immediate adoption of the Urban Renewal plan and that his firm has plans for a new stofe to be built on the present loca- tion, which would be an arcade type building. Seven possible ten- ants have indicated an interest in the proposed structure. seemed to express themselves as being in favor of submitting the Urban Renewal proposition to a vote. Councilman Pregler moved that discussion to the council be clos- ed. Seconded by Councilman Pfohl. Carried by the fOllowing vote: Yeas-Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Scbultz. Nays-None. Mr. David Hartig of 830 South- ern Ave., urged immediate adop- tion of the Urban Renewal plan and related an incident of some two years ago, when SOme outsid- ers looked at Our downtown area that were considering Dubuque as a possible location site for their business. The prospect was vitally interested in Dubuque, but were totally discouraged when they looked at Downtown Dubuque. Mr. Ross McGlassom manager of the Northwestern Bell Telephone Co. stated that the Telephone Company has started a three million dollar expansion just outside of the urb- an renewal area. Mr. Cy Lampe, manager for the Fischer Invest- ment Co. stated that they would remodel the building at Ninth and Locust to house an arcade if urban renewal becomes a reality. Mr. Lampe also stated that the Julien Hotel is being remodeled and without urban renewal few people would be attracted to it. Mr. Eldon Herrig of 506 St. George George S1., a citizen interested in real estate and insurance, voiced endorsement of the urban renewal project. Mr. John Appel of 1717 Kane Street, voiced his opinion in favor the urban renewal project, even though a portion of his pres- ent dry cleaning establishment would have to move. The Council promised Mr. Appel consideration if relocation becomes necessary. Mr. R. F. Sefzik of 430 Clark Councilman Pfohl moved to respect the wishes of the peti. tioners and all citizens of Du- buque that they be entitled to vote on Urban Renewal for the City of Dubuque in an Advisory Referendum. Seconded by Coun- cilman Schultz. Seconded by Councilman Schultz. Upon roll call the following voted: Yeas - Councilmen Pfohl, Schultz. Nays--Mayor LudWig, Coun- cilmen McCauley, Pregler. Mo- tion lost for lack of a ma;ority. P.M. Council Recessed 9:15 Reconvened 9:27 P.M. Urban Renewal Director Gent Wittenberg presented the Urban Renewal Project in detail to the assembly. The presentation was complete with slides and full ex- planation and was well received. Council Recessed at 10:38 P.M. Reconvened at 10:48 P.M. Mr. Russ Walker of 1084 W. 3rd Street, as a representative of the Chamber of Commerce gave assur- ance of full support of the Cham- ber. Mrs. Edward Cawley of 598 Needham Place, as a representa- tive of the League of Voters voiced support of the Urban Renewal Pro- ject. Dr. Paul Laube of Overview Court mentioned other projects that he was associated with, that have received Federal help, and not in one instance did the Fed- eral Government wish to exercise undue control. Mr. Paul Rossiter of 802 Goethe St., a member of the Board of Review, agreed that Urban Renewal is vital to stop the cancerous growth of devaluation of buildings. Mr. Joseph Graham of S. Hill St. explained his situation as a merchant in the Urban Re- newal area stated that it would be impOSSible for the four merchants in his immediate area to rebuild without urban renewal. Mr. Cliff Special Session, May 18, 1967 saying if you can't stand the heat get out of the kitchen. Attorney Don Breitbach of 990 Tressa street wondered how many people are misled by the argument that it is democratic to have all the is- sues placed before the people. He further stated that the elected representatives of the City do the job they are supposed to do. Mr. Richard Upton, Secretary of the Chamber of Commerce, stated that the Council should proceed on Urban Renewal under the Iowa law. Mr. Frank Bertsch of 700 Sunset Ridge, stated that an elec- tion would delay urban renewal l,until after the city's June 17 deadline for credit to be allowed for the Municipal Parking ramp. Mr. Joseph Graham of 135 S. Hill S1. and attorney Dan Ernst of 889 Mt. Carmel Road both indicated as being in favor of urban renewal and that no further time be wasted in going forward with the program. Mr. John Duffey of 2195 Simpson S1. raised the question whether or not other cities are voting on Urb. an Renewal. Mr. Douglas C. Pearce of 1560 Douglas Street and Frank McCaUley of 649 S. Grandview botb stated that the issne should be decided by the City Council. City Solicitor Russo stated that a special election can be held for any purpose authorized by law, but the law does not require an elec- tion for the urban renewal project. Council Recessed at 8:25 P.M. Reconvened at 8:38 P.M. Mrs. C. Maerschalk of 2156 Broadlawn, Thomas Melloy of 2285 Bennett Street, Thomas O'Rourke of 536 Fenelon Place, Pete Sfikas of 222 Devon Drive, Thomas Reilly of 943 W. 5th Street, John Graham Loras College Student, all ad- dressed the Council by stating that the decision for Urban Renew- al rests with the City Council Mr. Martin Westerfield of 725 Kelly Lane stated that a referendum should be held and it shonld be binding upon the Council. Mr. Gus Fuhrman of 530 Wilbur Lane, a realtor, compared the proposed cost of Urban Renewal as being very small when compared to the proposed new building of Mercy Hospital. Thos. M. Butler of 2422 University, a local student, AI. Weitz of 2999 Burden Ave., and Hal Judge of 495 English Lane all PetitiQn of Berwanger Boiler Co. Gene Niday, requesting permission to be heard at the public hearing on Federal Urban Renewal to be held on May 18, 1967 at Clarke College, presented and read. Mayor Ludwig moved that the petition be received and filed. Seconded by Councilman McCauley. Carried by the following vote: Yeas-Mayor Ludwig, men McCanley, Pfohl, Schnltz. Nays-None. Council- Pregler, MAY 0 R PREGLER MOVED THAT THE RULES BE SUSPEND- ED IN ORDER TO LET ANYONE PRESENT ADDRESS THE COUN- CIL IF THEY SO DESIRE. Sec- onded by Councilman McCauley. Carried by the following vote: Yeas-Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays-None. The following citizens address. ed the Council as being in favor of having a referendum on Federal Urban Renewal for the City of Du- buque, Iowa. R. F. Sefzik, 403 Clark St., Frank Saunders, 2373 Martin Drive, Dorothy Sauer Chair- man of C.o.s.T. Fischer Bldg., Roland V. Weber, 141 Princeton Place, Merlin Schultz, 1898 Adair St., Esther Westerfield, 725 Kelly Lane, W. J. Seippel, 2611 Sunset Park Circle, Herbert H. Kiefer, 535 Chestnut St., Andrew Hauswirth, 9Ulf., High Bluff Street, JoAnn Smith, 601 Angella St., Ben Bell- ings, 1375 University Ave., Richard Kausal, 2550 Waller Street, Lois Pusateri, 2425 Green Street, Ray- mond Taylor, R. R. #1. Dorothy Sauer Chairman of C. D.S.T. offered to underwrite the cost of an election on Urban Re- newal. Dr. Paul Lanbe of 1742 Over- view Court stated that the Council- men were elected by the people to make decisions. The members of the D.C.D.A.C., the Chamber of Commerce and the City Council studied the issue for more than a year before recommending the acceptance of Urban Renewal. Don- ald Meyers of 2314 WaShington St. stated that it should be the decision of the City Council rath- er than submitting same to a referendum, and concluded by 228 c~ material, data, and recommenda- tions, which material, data and rec- ommendations are DOt.3 part of said Urban Renewal Plan; and Land Utilization and Marketabil- ity Study including Transient Housing Stndy Project Area Report Report on Planning Proposals Rehabilitation and Conservation Data Relocation Report Project Improvements Report WHEREAS, the Project area, which is predominately nonresi- dential in character. is to be reo developed for predominately non- residential uses under the Urban Renewal Plan; and WHEREAS, the members of the Governing Body have been fully apprised by the Local PnbIic Agen- cy and are aware that there is not an area or areas of open land in the proposed Project area; and WHEREAS, a general plan has been prepared and is recognized and used as a guide for the gen- eral development of the Locality as a whole; and WHEREAS, the Dubuque Plan- ning and Zoning Commission, which is the duly designated and acting official planning body for the Locality has by resolution cer- tified that the Urban Renewal Plan conforms to the general plan for the development of the Local- ity as a whole and the Governing Body has duly considered the reso- lution of the planning body; and WHEREAS, the Urban Renewal Plan for the Project area prescrib- es certain land uses for the Pro- ject area and will require, among other things, changes in zoning, the vacating and removal of streets, alleys and other public ways, the location and relocation of sewer and water mains and oth- er public facilities, and other pub- lic action; and WHEREAS, the Local Public Agency has caused to be made a competent independent analysis of ~he local supply of hotel and other transient housing, and WHEREAS, the local Public Ag- ency has prepared and submitted a program for the relocation of indi- viduals and families that may be displaced as a result of carrying out the Project in accordance with the Urban Renewal Plan; and of Ninth Street; thence east along the north right-of-way line of Ninth Street to its intersec- tion with the east right-of-way line of Central Avenue which is the point of beginning. All in the City of Dubuque, State of Iowa, (herein called the "Locality"); and WHEREAS, the Local Public Agency has applied for additional financial assistance under such Act and proposes to enter into an additional contract or contracts with the Department of Housing and Urban Development for the undertaking of, and for making available additional financial as- sistance for the Project; and WHEREAS, the Local Public Agency has made detailed studies of the location, phYSical condition of structures, land use, environ- mental influences, and the social, cultural and economic conditions of the Project area and has deter. mined that the area is a slum and blighted area and that it is detri- mental and a menace to the safe- ty, health, and welfare of the in- habitants and users thereof and of the Locality at large, inasmuch as said studies reveal that 93.3% of the structures were found to contain deficiencies, that 52.9% of the structures to acquire are struc- turally substandard to a degree warranting clearance, and that 23.8% of the structures to acquire are in need of major repair, that 9.4% of the structures to acquire warrant clearance to remove blighting influences caused by in- compatible uses or land use rela- tionships and obsolete building types not suitable for improvement or conversion, and that 28.7% of all structures must be removed to permit development of the project in accordance with the urban re- newal plan objectives, and the members of this Governing Body have heen fnlly apprised by the Local Public Agency and are aware of these facts and conditions; and WHEREAS, there has been pre- pared and referred to the City Council of tbe Locality (herein called the "Governing Body") for review and approval, an Urban Re- newal Plan for the Project area, dated May, 1967 and consisting of 18 pages, and 2 exhibits, supported by the following supplementary Session, 3. The Urban Renewal Plan conforms to a general plan for the development of the locality as a whole. 4. The Urban Renewal Plan gives due consideration to the provision of adequate park and recreational areas and facilities, as may be de- sirable for neighborhood im- provement, with special con- sideration for the health, safety, and welfare of chil- dren residing in the general vicinity of the site covered by the Plan; and WHEREAS, it is provided in Sec- tion 403.5 of the 1966 Code of Iowa that the governing body may approve an urban renewal project if it finds that: a. A feasible method exists for the location of families who will be displaced from the urban renewal area into de. cent, safe and sanitary dwell- RESOLUTION NO. 123-67 ing accommodations within Approving the Urban Renewal their means and without un- Plan and the Feasibility of Rei.. due hardship to such fam- cation for the Downtown Urban ilies; Renewal Proiect, Iowa R-15. b. The urban renewal plan con~ WHERAS, under the provisions forms to. t~e ?eneral plan of of Title I of the Housing Act of the mnmc.pality as a whole; 1949, as amended, the Department WHEREAS, the City of Du- of Housing and Urban Develop- buque, Iowa (herein called the "Lo~ ment is authorized to provide fi- cal Public Agency") entered into a nancial assistance to Local Public planning contract for financial as- Agencies for undertaking and car- sistance under such Act with the rying out urban renewal projects; United States of America, acting and by and through the Honsing and WHEREAS, it is provided in Home Finance Administrator J pur- such Act that contracts for finan- suant to which Federal funds were cial aid thereunder shall require provided for the urban renewal that the Urban Renewal Plan for project (herein called the "Proj- the respective project area be ap- ect") identified as UDowntown Ur- proved by the governing body of ban Renewal Project, Iowa R-15" the locality in which the project and encompassing the area bound- is situated and that such approval ed and described as follows: include findings by the governing Beginning at the intersection of body that: the north right-of-way line of 1. The financial aid to he pro- Ninth Street with the east right- vided in the contract is nec- of-way line of Central Avenue; essary to enable the project thence south along the east to be undertaken in accord. right-of-way line of Central Ave- ance with the Urban Renew- nue to its intersection with the al Plan. sonth right-of-way line of Fourth 2. The Urban Renewal Plan will Street; thence west along the afford maximnm opportnnity, sonth right-of-way line of Fourth consistent with the sound Street to its intersection with needs of the locality as a the west right-of-way line of La- whole, for the rehabilitation eust Street; thence north along or redevelopment of the ur- the west right-of-way line of La- ban renewal area by private cust Street to its intersection enterprise. with the north right-of-way line Street, cited various items of fail- ure of the present administration, and was not in favor of the urban renewal project. Mr. Chas. C. Scherrer, operator of the Can- field Hotel, expressed concern as to future parking area for the continued operation of his busi- ness. He was given assurance that every consideration would be given to him to provide a parking area near the hotel. Mrs. Sam Pusateri of 2425 Green Street appealed for building code enforcements. Mr. Sam Pusateri of 2425 Green Street stated that we can have Urban Renewal without pain, but we must remember who the Fed- eral Government is, and that the taxpayers pay for Federal pro- jects also. Mr. R. J. Taylor of R. R. #1, expressed concern of the addition- al work load on to the City Council and stated that only the foolish and dead never change their minds. 18, 1967 May Special 230 '4'. 233 (a) pledges its cooperation in help- ing to carry out such Urban Re- newal Plan; (b) requests the var- ious officials, departments, boards, and agencies of the Locality having administrative responsibilities in the premises likewise to cooperate to such end and to exercise their respective functions and powers in a manner consistent with said Urb- an Renewal Plan; and (c) stands ready to consider and take appro- priate action upon proposals and measures designed to effecuate said Urban Renewal Plan. Section 12. That additional finan- cial assistance under the provisions of Title I of the Housing Act of 1949, as amended, is necessary to enable the land in the Project area to be renewed in accordance with the Urban Renewal Plan for the Project area and, accordingly, the filing by the Local Public Agency of an application or applications for such financial assistance under said Title I is hereby approved. Section 13. That the United States of America and the Depart- ment of Housing and Urban De- velopment be, and they hereby are, assured of full compliance by the City of Dubuque with regula- tions of the Department of Hous- ing and Urban Development effec- tuating Title VI of the Civil Rights Act of 1964. May 18, 1967 Special Session, Section 8. That it is hereby found and determined that the Urban Renewal Plan for the Urban Renewal Area gives due considera. tion to the provision of adequate park and recreational areas and facilities, as may be desirable for neighborhood improvement, with special consideration for the health, safety, and welfare of chil- dren residing in the general vicin- ity of the site covered by the Plan. the Locality as a whole, for the urban renewal of the Area by pri- vate enterprise. Section 9. That it is hereby found and determined, as a result of a competent independent analy- sis of the local supply of transient housing, that there exists in the area a need for additional units of such housing. Section 10. That it is hereby found and determined that the pro- gram for the proper relocation of individuals and families displaced in carrying out the Project in de- cent, safe, and sanitary dwellings in conformity with acceptable standards is feasible and can be reasonably and timely effected to permit the proper prosecution and completion of the Project; and that such dwellings or dwelling units available or to be made available to such displaced individuals and families are at least equal in num- ber to the number of displa-ced in- dividuals and families, are not gen- erally less desirable in regard to public utilities and public and com- mercial facilities than the dwell- ings of the displaced individuals and families in the Project area, are available at rents or prices within the financial means of the displaced individuals and families, and are reasonably accessible to their places of employment. Section 11. That in order to im- plement and facilitate the effectua- tion of the Urban Renewal Plan hereby approved it is found and determined that certain official ac- tion must be taken by this Body with reference, among 0 the r things, changes in zoning, the va- cating and removal of streets, al- leys and other public ways, the location and relocation of sewer and water mains, and other public facilities, and other public action and, accordingly, this Body hereby Session, May 18, 1967 cal condition of structures, land use, environmental influences and the social and economic conditions in the Downtown Urban Renewal Project area, it is hereby found and determined that the Project area is a slum and blighted area or a combination thereof and qual- ifies as an eligible Project area un- der Chapter 403 of the 1966 Code of Iowa and the Project area sub- stantially impairs or arrests the sound growth of the Locality by reason of deteriorated or deteror- ating structures, faulty lot layout, diversity of ownership and other causes or any combination of such factors. Section 2. That said Urban Re- newal Plan, together with the sup- plementary material, data and recommendations which are not a part of said Urban Renewal Plan for the Project aforementioned, having been duly reviewed and considered, said Urban Renewal Plan is hereby approved, and the City Clerk be and he is hereby directed to file said copy of said Urban Renewal Plan with the min- utes of this meeting. Section 3. That it is hereby found and determined that the objectives of the Urban Renewal Plan can- not be achieved through more ex- tensive rehabilitation of the Pro- ject area. t:. I' ';1 \"1 :;il !::,:I I!:,~ I i'II.:'1 ,..i.."....." ili,: !II III 'ii iii Passed, adopted, and approved this 18th day of May, 1967. Richard Ludwig Mayor M. Sylvester McCanley Walter A. Pregler Councilmen Attest: Leo F. Frommelt, City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman McCauley. Carried by the following vote: Yeas - Mayor Ludwig, men McCauley, Pregler. Nays - Councilmen Schultz. Council RESOLUTION NO. 124-67 Approving the conditions under which relocation payments will be made for the Downtown Ur- ban Renewal Proiect, Iowa R-15. WHEREAS, in connection with an application of the City of Du- buque to the Department of HOllS- Pfohl Section 4. That it is hereby found and determined that the Urban Renewal Plan for the Pro- ject area conforms to the general plan for the development of the Locality, as a whole. Section 5. That it is hereby found and determined that the financial aid to be provided pur- suant to the contract for Federal financial assistance pertaining to the Project is necessary to en- able the Project to be undertaken in accordance with the Urban Re- newal Plan for the Project area. Section 6. That the development of the Urban Renewal Area for predominately nonresidential uses is necessary for the proper devel- opment of the community. Section 7. That it is hereby found and determined that the above mentioned Urban Renewal Plan for the Urban Renewal Area will afford maximum opportunity, consistent with the sound needs of Special WHEREAS, there have also been presented to the Governing Body information and data respecting the relocation program which has been prepared by the Local Public Agency as a result of studies, sur- veys, and inspections in the Pro- ject area and the assembling and analysis of the data and informa- tion obtained from such studies, surveys, and inspections: and WHEREAS, the members of the Governing Body have general knowledge of the conditions pre- vailing in the Project area and of the availability of proper housing in the Locality for the relocation of individuals and families that may be displaced from the Project area, and in the light of such knowledge of local housing condi- tions, have carefully considered and reviewed such proposals for relocation; and WHEREAS, it is necessary that the Governing Body take appropri- ate official action respecting the relocation program and said Urban Renewal Plan for the Project, in conformity with the contract for financial assistance between the Local Public Agency and the Unit- ed States of America acting by and through the Department of Hous- ing and Urban Development: and WHEREAS, the Governing Body is cognizant of the conditions that are imposed in the undertaking and carrying out of urban renewal projects with Federal financial as- sistance under Title I, including ~those pifohibiting discrimiI$tion because of race, color, creed, or national origin: and WHEREAS, Title VI of the Civil Rights Act of 1964, and the regu- lation of the Department of Hous- ing and Urban Development effect- uating that Title, provide that no person shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be sub- jected to discrimination in the un- dertaking and carrying out of urb- an renewal projects assisted under Title I of the Housing Act of 1949, as amended; now therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DU- BUQUE, IOWA: Section 1. That, based upon de. tailed studies of the location, physi. 232 235 tablishing a rent supplementation program providing assistance to eligible families to be relocated from the Downtown Urban Renew- al Project, Iowa R-I5; and WHEREAS, it is in the best in- terests of the Relocation Program for this project to revise certain portions of the rent supplementa_ tion program; now therefore BE IT RESOLVED By the Coun- cil of the City of Dubuque. Iowa Section 1. That so much of Para. graph 1. C. of Section 2 of Resolu- tion No. 52.67 which presently reads: <lThe ability to pay shall ordi- narily be defined as 30% of the gross monthly income of an in- dividual, 25% for a 2-4 person family. and 20% for a 5 or more person family." hereby amended to read: "The ability to pay shall ordi- narily be defined as 25% of the gross monthly income of an in. dividual and a 2.4 person family and 20 % for a 5 or more person family." Section 2. That Paragraph 3. C. of Section 2 of Resolution No. 52-67 which presently reads: "The amonnt of $3,600 wWch is estimated to be the first an- nual funding requirement shall be deposited initially and addi~ tional deposits shall be made as neaded until all eligible families and individuals have been assist- ed to the extent to wWch they are entitled." is hereby amended to read: "The amount of $3,600 wWch is estimated to be the first an- nual funding requirement shall be deposited initially and addi- tional deposits shall be made at such times the the balance in the escrow aCCOUnt is reduced to 10% of the original deposit until all eligible families and individ. uals have been assisted to the extent to which they are en- titled." Session, May 18, 1967 is DOWNTOWN URBAN RENEWAL PROJECT IOWA R.IS February 27, 1967 Fixed Relocation Payments Schedue 1. Eligible individuals and fami~ lies displaced by the Downtown Urban Renewal Project, Iowa R-15, will be given the option to claim the applicable ap-' proved fixed amounts as set forth below in Section 2 or re~ imbursed for actual moving ex- pense and any direct loss of property up to the amount as permitted by law. 2. Fixed Relocation Payment Schedule For Individuals and lies With Furniture No. of Fixed Rooms Payment I $33.75 2 $47.25 3 $60.75 4 $74.25 5 $87.75 Without Furni_ Fami, Furniture 3. The Schedule of Fixed Reloca. tion Payments Schedule was de~ termined and computed as fol- lows after consultation with local moving and hauling firms. Travel Time - Company Office to Residence ................ % hour Time Per Room-(Loading and Unloading) ....................1 hour Travel Time-To New Resi. dence ............................% hour Travel Time - Residence to Company Office ........% hour Total ....,................2% hours Rate Per Hour-Two Men and Van ..................................$13.50 Fixed Payment For One Room -2% hours ....................$33.75 Add $13.50 For Each Additional Room Special Individuals ture-$5.00 Families Without ---$10.00 A. B. C. J,P' 0 adopted and approved day of May, 1967. Richard Ludwig Mayor M. Sylvester McCaUley Walter A. Pregler Councilmen Leo F. Frommelt City Clerk Passed, this 18th Attest: RESOLUTION NO. 125-67 Amending Resolution No. 52-67 which approved and established a Rent Supplementation Program for the Downtown Urban Rewen_ al Pro;ecf, Iowa R-1S. WHEREAS, on the 27th day of February, 1967, the Council of the City of Dubuque adopted Resolu- tion No. 52-67 apprOving and es- WHEREAS, Title VI of the Civil Rights Act of 1964, and the regu- lations of the Department of Hous- ing and Urban Development effec- tuating that Title, provide that no person shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be sub- jected to discrimination in the un- dertaking and carrying out of ur- ban renewal projects assisted un- der Title I of the Housing Act of 1949, as amended; now therefore; BE IT ORDAINED BY THE COUNCIL OF THE CITY OF DU- BUQUE: Section 1. That the conditions under which the City of Dubuque, Iowa, will make Relocation Pay- ments are hereby in all respects approved. Section 2. That the Schedule of Average Annual Gross Rentals for Standard Housing in Locality is hereby in all respects approved. Section 3. That the Fixed Relo- cation Payments Schedule is here- by in all respects approved. Section 4. That the Director of the Urban Renewal or his desig- nated representative is hereby au- thorized and directed to approve all claims for Relocation Payments. Section S. That the United States of America and the Department of Housing and Urban Development be, and they hereby are, assured of fnll compliance by the City of Dubuque with regulations of the Department of Housing and Urban Development effectnating Title VI of the Civil Rights Act of 1964. Passed, adopted, and approved ills 18th day of May, 1967. Richard LUdwig Mayor Sylvester M. McCauley WaIter A. Pregler Councilmen Attest: Leo F. Frommelt City Clerk Councilman McCauley moved adoption of the resolution. Second- ed by Councilman Pregler. Carried by the following vote: Yeas - Mayor Ludwig, Coun- cilmen McCauley, Pregler. Nays - Councilmen Pfohl Schultz. Session, May 18, 1967 WHEREAS, the rules and regu- lations preSCribed by the Federal Government pursuant to Title I re- quire that the conditions under which the City of Dubnqne will make Relocation Payments, the Schedule of Average Annual Gross Rentals for Standard Housing in Locality to be used for determin- ing the amounts of Relocation Ad~ justment Payments, and the fixed Relocation Payments Schedule all in connection with the Urban Re- newal Project contemplated by the application be officially approved by the City Council of the City of Dubuque, Iowa; and WHEREAS, there was presented to tWs meeting of the City Conn- cil of Dubuque a set of conditions under which the City of Dubuque, Iowa, will make Relocation Pay- ments, which set of conditions is set forth in the Relocation Pro- gram, a Schedule of Average An- nual Gross Rentals for Standard Housing in Locality dated Febru- ary 27, 1967, and a Fixed Reloca- tion Payments Schedule dated Feb- ruary 27, 1967, attached hereto and marked for the Urban Renewal Project contemplated by the appli- cation; and ing and Urban Development for financial assistance under Title I of the Housing Act of 1949, as amended, the City Council of the City of DUbuque, Iowa, approved an Urban Renewal Plan for the Project area identified as "Down- town Urban Renewal Project, Iowa R-15" involved in such application; and WHEREAS, the conditions under which the City of Dubuque, Iowa, will make Relocation Payments, the Schednle of Average Annual Gross Rentals for Standard Hons- ing in Locality, and the Fixed Re~ location Payments Schedule were reviewed and considered at the meeting; and WHEREAS, the City Conncil of the City of Dubuque, Iowa, is cog~ nizant of the conditions that are imposed in the undertaking and carrying out of urban renewal proj- ects with Federal financial assist~ ance under Title I, including those prohibiting discrimination because of race, color, creed or national origin; and "'F-._ Special 234 237 Petition of attorney Alfred E. Hughes, representing 265 property owners on Grandview Avenue, and being subject to 85% of the asses~ sable cost of the project, objecting to the proposed paving of Grand- !view from W.P.L. of Southern Avenue to S.P.L. of Delhi Street, presented and read. Councilman Pfohl moved that the petition be received and filed. Seconded by Councilman Schultz. Carried by the fOllowing vote: Yeas - Mayor LUdwig, Council- men McCauley. Pfohl, Pregler, Schnltz. Nays-None. Petition of Joseph Lytle et al (43 signatures) objecting to the proposed paving of Grandview Av- enue, presented and read. Council- man Pfohl moved that the petition be received and filed. Seconded by Mayor Ludwig. Carried by the fol- lowing vote: Yeas - Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays-None. Councilman Pfohl moved that the rules be suspended in order to allow anyone present address the Council if they so desire. Seconded by Councilman Pregler. Carried by the fOllowing vote: Yeas - Mayor Ludwig, cilmen McCauley, Pfohl, ler, Schultz. Nays-None. Coun- Preg- City Engineer White addressed the Council by stating that Grand- view avenue was last paved in 1920. The automobile count is up to 9200 cars per day. The sub- grade has deteriorated and the street should be replaced. Attorney Alfred E. Hughes, rep.- resenting the objectors to paving of Grandview A venue with con- crete mentioned the positive and negative aspects of the Avenue as mentioned in the Gruen report. The paving program would elimin- ate, at least partially, the positive and accentuate the negative aspect which would be heavy traffic. The cost of construction is excessive and the idea of reducing the size of the median strip is not toler- able. Mr. Jack Juergens of 835 S. Grandview, R. Wertzberger 186 N. Grandview and Eugene Digman of 864 S. Grandview all objected to the proposed surfacing of Grand- 1967 May 22, Session, CITY COUNCIL Special Session, May 22, 1967. Council met at 7:30 P.M. (D.S.T.) Presenf-Mayor LUdwig, Coun. cilmen McCauley, Pfohl, Pregler, Schultz. City Manager Gilbert D. Chsvenelle. Mayor Ludwig read the call and stated that service thereof had been duly made and this meeting is called for the purpose of con- ducting public hearings on the Resolutions of necessity for "City of Dubuque 1967 Concrete Curb & Gutter Project No. 1"-City of Du- buque 1967 Hot Mix-Hot Laid As- phaltic Concrete Paving Project No. l"-"City of Dubuque 1967 Bituminous Concrete Paving Pro- ject No. I" - City of DUbuque 1967 Concrete Paving with Integral Curb Project No.1 and acting up- on such other business as may properly COme before a regular meeting of the City Council. Proof of Publication, certified to by the Publisher, of notice of pendency of resolution of neces- sity for public improvements and hearing upon proposed plans and specifications, form of contract and cost of improvements of City of Dubuque 1967 Concrete Paving with Integral curb Project No.1, presented and read. Councilman Pregler moved that the proof of publication be received and filed. Seconded by Councilman Schultz. Carried by the following vote: Yeas - Mayor Ludwig, Council- men McCaUley, Pfohl, Pregler, Schultz. Nays-None. Statement of City Clerk certify- ing that notices of public hearing on the resolution of necessity were mailed by certified mail on May 3, 1967, to property owners of record subject to assessment for construc- tion of City of Dubuque 1967 Con- crete Paving with Integral Curb project No.1, presented and read. Councilman Pregler moved that the statement be received and fil- ed. Seconded by Councilman Pfohl. Carried by the fOllowing vote: Yeas-Mayor LUdwig, Council- men McCaUley, Pfohl, Pregler, Schultz. Nays-None. Special OFFICIAL 1967 Special Session, May 18 Council Pregler, Councilman McCauley m 0 v e d adoption of the resolution. Sec- onded by Councilman Pregler. Car. ried by the following vote: Yeas-Mayor Ludwig, Council- men McCauley, Pregler. Nays-Councilmen Pfohl, Schultz. There being no further business Councilman McCauley moved to ad- journ. Seconded by Councilman Pregler. Carried by the following vote: Yeas-Mayor men McCauley, Schultz. Nays-None. Leo ..Counci~~n 9. ...........19. F. Frommelt City Clerk .......................-..-............. City Clerk Ludwig, Pfohl, Approved Adopted Attest: 236 239 were mailed by certified mail on May 3, 1967 to owners of record subject to assessment for construc- tion of City of DUbuque 1967 Concrete Curb & Gutter Project No.1, presented and read. Councilman Pfohl moved that the statement be received and fil~ ed. Seconded by Councilman Schultz. Carried by the following vote: Yeas-Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays-None. Petition of CIetus F. Kemp et al (56 signers) objecting to the pro- posed improvement of Perry Street both as to curb & gutter and pav- ing, presented and read. Council- man Pregler moved that the peti- tion be received and filed. Second- ed by Councilman pfohl. Carried by the following vote: Yeas - Mayor LUdwig, Council- men McCauley, Pfohl Pregler, Schnltz. Nays-None. Petition of John W. Duccini et al (4 signers) requesting deletion of curb & gutter and paving of Farra- gut Street, presented and read. Councilman Pregler moved that the petition be received and filed. Seconded by Councilman Pfohl. Carried by the following vote: Yeas - Mayor Ludwig, Council. men McCauley, Pfohl, Pregler, Schultz. NaYs-None. Petition of Richard O. Blum et al (57 signers) objecting to the pro- posed paving of Rockdale Road, presented and read. Councilman Pregler moved that the petition be received and filed. Seconded by Councilman Pfohl. Carried by the following vote: Yeas - Mayor Ludwig, men McCauley, Pfohl. Schultz. NaYs-None. Councilman McCauley moved that Farragut street be deleted from the City of DUbuque 1967 curb & gutter project No. 1. Sec- onded by Councilman Pfohl. Car. ried by the fallowing vote: Yeas-Mayor Ludwig, Council men McCauley, Pfohl, Pregler. Schnltz. Nays-None. Council Pregler May 22, 1967 Session, RECORD OF FINAL ADOPTION The foregoing resolution was finally passed and adopted, AS AMENDED, by the City Council on this 22nd day of May 1967. Richard Ludwig M. Sylvester McCauley Walter A. Pregler Councilmen Attest: Leo F. Frommelt, City Clerk Mayor LUdwig moved adoption of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor LUdwig, Council men McCauley, Pregler. Nays - Councilmen P f 0 h I. Scbultz. NOTE: Entire program deleted due to remonstrance filed and signed by 87% of property own- ers subject to pay 85% of the assessable cost of proposed im- provement and failure to receive 100% vote of the Council. Proof of Publication, certified to by the Publisher, of notice of Pendency of Resolution of neces- sity for public improvements and hearing upon proposed plans and specifications, form of contract and cost of improvements for the con. strnction of CITY OF DUBUQUE 1007 CONCRETE CURB & GU~ TER PROJECT NO.1, on the fol- lowing named streets: Farragut street from the alley west of Kerper Blvd. to the W.P.L. of the alley between Kerper Blvd. and Garfield Ave. Perry street from the alley west of Grandview Avenue to the E.P.L. of Rider Street. Rockdale Road from the S.P.L. of Grandview Avenue to the south. erly corporation limits. Flora Park from the N.P.L. of Pennsylvania Avenue north 200' along the W.P.L. of Flora Park, presented and read. Councilman Pregler moved that the proof of publication be receiv. ed and filed. Seconded by Council- man Schultz. Carried by the follow- ing vote: Yeas - Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Scbultz. Nays-None. Statement of City Clerk certify. ing that notices of public hearing Special 1967 4. An estimate of the cost of the proposed improvement, stating the same for each different type of construction and kind of material to be used. 5. In each case the amount thereof which is estimated to be assessed against each lot, for the City of Dubuque, 1967, Concrete Paving With Integral Curb Project No. 1 on the following named street: Grandview Avenue from the W.P.L. of Southern Avenue to the S.P .L. of Delhi Street. BE IT THEREFORE RESOLVED that the City Council on its own motion or upon petition of pro~ erty owners, deems it advisable and necessary for the public wel- fare to make the herein mention- ed improvement, and unless prop. erty owners at the time of the final consideration of this pro- posed resolution have on file with the City Clerk objections to the amount of the proposed assess- ments, they shall be deemed to have waived all objections thereto. Said improvements shall be con- structed and done in accordance with the plans and specifications which have been prepared there- fore by the City Engineer which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said improve- ment will be assessed upon and against all privately owned proper- ty lying within assessable distance provided by law and in an amount not to exceed the amount provided by law, property will be assessed whether the same abuts thereon or is adjacent thereto according to area and in proportion to the spec- ial benefits conferred thereby, and any deficiency shall be paid out of the 135J Road Use Tax Fund Bonds shall be issued and sold in anticipation of deferred payments of assessments when a contract has been performed and accepted and the proceeds thereof used to pay the contractor. The railway portion of any street or assessment district shall be assessed to and paid by the railway company. The above resolution was intro- duced, approved and ordered plac- ed on file with the City Clerk this 17th day of April, 1967. 22, Session, May improved. such improve- 3. Each lot proposed to be as- sessed together with a valuation fixed by the council. (Necessity for Improvement) RESOLUTION NO. 102-67 WHEREAS, proposed plans, specifications, form of contract, plat and schedule have been duly prepared and approved by the City Conncil of the City of Dubnque and are now on file in the office of the City Clerk showng among other things tbe following: 1. The streets to be width of Attest: Leo F. Frommelt, City Clerk Councilman McCauley moved adoption of the resolution. Second. ed by Councilman Schultz. Car. ried by the following vote: Yeas - Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays-None. the the Passed, adopted and approved tbis 22nd day of May 1967. Richard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler Councilmen RESOLUTION NO. 126-67 RESOLUTION AMENDING RESO- LUTION NO. 102-67 BE IT RESOLVED BY TIlE CITY COUNCIL OF TIlE CITY OF DUBUQUE, IOWA: Section 1. That Resolution No. 102-67, being the Resolution of Necessity for the CITY OF DU- BUQUE 1967 CONCRETE PAVING WITII INTEGRAL CURB PROJ. ECT NO.1, be and the same is hereby amended by deleting the following portions of the following named streets therefrom: view mostly expressing the fear that it would be used for a truck route. Mr. William Arndt of 1120 S. Grandview expressed concern as to the sewer lines as to what would happen if they were disturb. ed during construction of the pro- posed street. Grandview Avenue from W.P.L. of Southern Avenue to S.P.L. of Delhi Street. Special 2. Tbe ment. 238 WHEREAS, all interested parties have been given an opportumty to be heard and all objections which have been dUly weighed and con~ sidered; now, therefore 5. In each case the amount there- BE IT RESOLVED by the City of which is estimated to be as- Council of the City of Dubuque, sessed against each lot, for the that all objections which have bee!1 City of Dubuque 1967 Concretf' made and filed to the plans, speCi- Curb and Gutter project No. 1 on fications, contract for or cost of the following named street: Flora said improvement herein described Park from the N.P.L. of Pennsyl. and proposed to be made, be and vania Avenue north 200' along the the same are hereby overruled and W.P.L. of Flora Park. such plans, specifications and form BE IT THEREFORE RESOLVED of contract heretofore approved that the City Council on its own are hereby adopted. motion or upon petition of prop- BE IT FURTHER RESOLVED erty owners, deems it advisable that this resolution containing the and necessary for the public wel- decision of this Council upon all fare to make the herein mentioned objections which ha.v~ b~en filed improvement, and unless property to the plans, specIfIcatIons and owners at the time of the final form of cost of said improvement consideration of this proposed be made a matter of permanent resolution have on file with the record in connection with said im- City Clerk objections to the provement. amount of the proposed assess- ments, they shall be deemed to have waived all objections thereto. . Said improvements shall be con- structed and done in accordance with the plans and specifications which have been prepared there- fore by the City Engineer which have been approved by the City Council and are now on file with the City Clerk. Tbat the cost and expense of making said improve- ment will be assessed. upon and against all privately owned prop- erty lying within assessable dis- tance provided by law and in an amount not to exceed the amount provided by law, property will be assessed whether the same abuts thereon or is adjacent thereto ac- cording to area and in proportion 241 (Necessity for Improvement: RESOLUTION <NO'. 90-67 WHEREAS, proposed plans, spec- ifications, form of contract, plat and schedule have been dUly pre- pared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk ShOwing among other things the following: 1. The streets to be improved. of such improve_ size and kind of to be as- valuation 3. Each lot proposed sessed together with a fixed by the council. 4. An estimate of the cost of the proposed improvement, stating the same for each different type of construction and kind of mater- ial to be used. 1967 2. The width ment, and the sewers. 22, Special Session, May time and place fixed for the hear- ing of aU objections to said plans, specifications or contract for or cost of such improvements, said time being this 22nd day of May, 1967; and WHEREAS, the City Council met in special session this 22nd day of May, 1967, at 7:30 o'clock P.M. at the Council Chambers in the City Hall for the purpose of hearing all interested parties and conSidering any and all objections which have been filed to the pro- posed plans, specifications or con- tract for or cost of the improve- ment herein described and pro- posed to be made; and Passed, adopted and approved this 22nd day of May, 1967. Richard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler Councilmen Attest: Leo F. City Mayor LUdwig moved adoption of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Ludwig, Coun- cilmen McCauley, pfohl, Pregler. Schultz. Nays-None. Frommelt Clerk 1967 RESOLUTION NO. 127-67 RESOLUTION AMENDING RESO. TlON NO. 90-67 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Resolution No. ~90-67, being the Resolution of Necessity for the City of Dubuque 1967 Concrete Curb and Gutter Project No.1, be and the same is hereby amended by deleting the following portions of the following named streets therefrom: Perry Street from the alley west of Grandview Avenue to the E.P.L. of Rider Street. RockdaJe Road from tbe S.P .L. of Grandview Avenue to the south- erly corporation limits. Passed, adopted and approved this 22nd day of May, 1967. Richard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Waiter A. Pregler Councilmen Attest: Leo F. Frommelt, City Clerk Councilman Pfohl moved adop- tion of the resolution. Seconded by Councilman McCauley. Carried by the following vote: Yeas - Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays-None. Decision of Council upon objec- tions to plans, specifications, form of contract and cost of im- provements. RESOLUTION NO. 128-67 WHEREAS, proposed plans and specifications and form of contract for the CITY OF DUBUQUE 1967 CONCRETE CURB & GUTTER PROJECT NO. I on the following named area: Flora Park from the N.P.L. of Pennsylvania Avenue north 200' along the W.P.L. of Flora Park, have been approved by the City Council of the City of Du. buque and publiC notice given as provided by Chapter 23 of the Code of Iowa, 1966, pertaining to public contracts and bonds, and the Mayor Ludwig moved that Rock- dale Road be retained in the 1967 concrete curb & gutter program. Seconded by Councilman McCau- ley. Carried by the following vote: Yeas-Mayor Ludwig, Council- men McCauley, Pregler. Nays - Councilmen Pfohl Schultz. 22, Farragut Street from the W.P.L. of Kerper Boulevard to the W.P.L. of the alley between Kerper Blvd. and Garfield Ave. Special Session, May Mr. Duane Mortensen of 692 Perry Street stated that he was ~or the improvement of Perry Street, also Frank Conlon of 695 Perry Street. Wm. R. Sonnenberg of 732 Perry st., Harry & Jnne Pringnitz of 720 Perry requested that their names be withdrawn from the petition of objection to the improvement of Perry street with curb & gutter and paving. However this still did not bring the remonstrance less than 60% and 75% objection to the improve- ment. Cletus Kemp of 711 Perry street made comment as to the straightening of the storm sewer system on Perry Street. D. J. Meloy of 785 Grandview made inquiry as to what he would be paying for on Perry Street assessment. Councilman Pregler moved that Perry Street be retained in the 1967 curb & gutter program. Sec- onded by Mayor Ludwig. Carried by the following vote: Yeas-Mayor Ludwig, Council- men McCauley, Pregler, Schultz. Nays-Councilman Pfohl Mr. Robert Mojo of I170 Rock- dale Road objected to the proposed improvement of Rockdale Road by stating that the proposed widening of the street to thirty six feet is excessive. Mr. Robert J. O'Meara of I185 Rockdale Road spoke in favor of the proposed improvement of Rockdale Road because he has a water problem being a resident on the west side of the street. Mr. Walter Anglin requested that his name be withdrawn from the petition of objection. Mr. LeRoy Miller spoke in favor of the im- provement. Mr. R. G. Adams of I160 Rockdale objected to the im- provement being concerned that it would turn out to be a highway. Mr. Chuck Callahan, C. C. Fay, Francis Diamond, D. J. Meloy, James H. Lee, John Henry and Richard Blum all raised objections to the proposed improving of Rock- dale Road. 240 243 by Ludwig, Coun- Pfohl, Pregler, Petition of Paul H. Hauber et al (48 signers) objecting to the proposed paving of White Street from 10th Street to 22nd Street, presented and read. Councilman Pregler moved that the petition be received and filed. Seconded by Councilman Schultz. Carried by the following vote: Yeas - Mayor Ludwig. Coun~ cHmen McCauley, Plohl, Pregler, Schultz. Nays-None. Petition of Iowa Engineering Co. et al (15 signers) objecting to the proposed sUrfacing of White Street from 21st to 22nd Street, presented and read. Councilman Pregler moved that the petition be re- ceived and filed. Seconded by Councilman Schultz. Carried by the following vote: Yeas - Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schnltz. Nays-None. Mayor Ludwig moved that Rock- dale Road from the S.P.L. of Grandview Avenue to the souther- ly City Corporation limits be de- leted from the City of Dnbuque 1967 Hot Mix.Hot Laid Asphaltic Concrete Paving Project No.1. Seconded by Councilman Pregler. Carried by the following vole: Yeas - Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. Nays-None. Councilman Pregler moved that Bryant Street from the N.P.L. of Grandview Avenue to the S.P.L. of Dodge Street be retained in the City of DUbuque 1967 Hot Mix-Hot Laid Asphaltic Concrete Paving Project No.1. Seconded by Coun- cilman Schnltz. Carried by the fol- lowing vote: Yeas - Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. Nays-None. Mayor Ludwig moved that Grandview Avenue from the E.P.L. of Southern Avenue to the W.P.L. of Kerrigan Road be retained in the City of DUbuqne 1967 Hot Mix. Carried Special Session, May 22, 1967 Councilman Schultz. the following vote: Yeas - Mayor cilmen McCauley, Schultz. Nays-None. for public improvements and hear- ing upon proposed plans, specifi- cations, form of contract and cost of improvements for CITY OF DU- BUQUE 1967 HOT MIX.HOT LAID ASPHALTIC CONCRETE PAVlNG PROJECT NO.1, on the following named streets: 1. Bryant Street from the N.P.L. of Grandview Avenue to the S.P.L. of Dodge Street. Grandview Avenue from the E.P .L. of Southern Avenue to the W.P.L. of Kerrigan Road. Madison Street from the N.P.L. of 17th Street to the S.P.L. of Clarke Drive. Main Street from the N.P.L. of Railroad Avenue to the S.P.L. of Jones Street. 5. Rockda]e Road from the S.P.L. of Grandview Avenue to the southerly corporation limits. 6. White Street from the N.P.L. of 10th Street to tbe S.P.L. of 22nd Street. presented and read. Councilman PfoW moved that the proof of pub. lication be received and filed. Sec- onded by Mayor Ludwig. Carrit'!d by the following vote: Yeas - Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. Nays-None. Statement of City Clerk certify- ing that notices on hearing of reso- lution of necessity were mailed by certified mail on May 3, 1967 to property owners of record subject to assessment for construction of City of DUbuque 1967 Hot Mix-Hot Laid Asphaltic Concrete Paving Project No.1, presented and read. Councilman Pfohl moved that the statement be received and filed. Seconded by Councilman Schultz. Carried by the follOWing vote: Yeas - Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. Nays-None. Petition of Mrs. Evelyn Kringle objecting to the proposed levy of assessment for the paving of Madi- son Street due to the poor market value of the property, and also due to the fact that the City will not permit building on the property, presented and read. Councilman Pregler moved that the petition be received and filed. Seconded by 2. 3. 4. the BE IT FURTHER RESOLVED that the cost and expense of the said improvements be paid for by levying special assessments against the privately owned property ly- ing within the assessable distance from the improvements, whether such property abut upon the same or are adjacent thereto, according to the area thereof and in propor- tion to the special benefits confer- red, and any deficiency will be paid out of the Road Use Tax Fund of the city. Payment will be made to the contractor out of funds realized from the sale of Street Improvement Bonds to be is- sued in anticipation of deferred payments of assessments as pro- vided by law after the work has been completed and accepted by the City Council. BE IT FURTHER RESOLVED that the City Clerk be and he is here by ordered and directed to advertise for proposals for the con- struction of the various improve- ments herein provided for in the manner provided by law, the said improvements shall be completed on or before 90 days after notice to proceed has been issued. BE IT FURTHER RESOLVED that this resolution being deemed urgent and of immediate necessity shall be in force and effect from and after its passage and adop- tion by the City Council. Passed, adopted and approved this 22nd day of May, 1967. Richard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler Councilmen Attest: Leo F. Frommelt, City Clerk Mayor Ludwig moved adoption of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Ludwig, Council men McCauley, Pfohl, Pregler Schultz. Nays--None. Proof of Publication, certified to by the Publisher, of notice of Pen- dency of Resolution of Necessity in 1967 adopted and now on file office of the City Clerk. 22, Session, May to the special benefits conferred thereby, and any deficiency shall be paid ont of the 135 J. Road Use Tax Fund. Bonds shall be issued and sold in anticipation of de- ferred payments of assessments when a contract has been per- formed and accepted and the pro- ceeds thereof used to pay the con- tractor. The railway portion of any street or assessment district shall be assessed to and paid by the rail- way company. The above resolution was intro- duced, approved and ordered placed on file with tbe City Clerk this 17th day of April, 1967. RECORD OF FINAL ADOPTION The foregoing resolution was fi. nally passed and adopted, AS AMENDED, by tbe City Conncil this 22nd day of May, 1967. Richard Ludwig Mayor M. Sylvester McCauley Merlin F. Schnitz Eldon A. Pfohl Walter A. Pregler Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pfohl moved final adoption of the resolution. Second. ed by Councilman Pregler. Carried by the following vote: Yeas - Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. Nays-None. (Ordering Construction) RESOLUTION NO. 129-67 BE IT RESOLVED BY THE CITY COUNClL OF THE CITY OF DUBUQUE that pursnant to a reso- lution of necessity No. 90-67 which was duly passed by this Council, for the construction of CITY OF DUBUQUE 1967 CONCRETE CURB & GUTTER PROJECT NO. 1 on the following named area: Flora Park from the N.P.L. of Pennsylvania Avenue north 200' along tbe W.P .L. of Flora Park be and the same are hereby order- ed and constructed by this Council upon its own motion and with or without the petition of property owners. All the work shall be con- structed in accordance with the plans and specifications heretofore Special 242 'III' ',,,, ~ '!I Iii :11 !!I " 245 Ludwig, Pfohl, Improvement) RESOLUTION NO. 94-67 WHEREAS, proposed plans, spec- ifications, form of contract, plat and schedule have been duly pre- pared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk showing among other things the folIowing: 1. The streets to be improved. 2. The width of such improve- ment. to- by Council Pregler. have been approved by the City Council of the City of DUbuque and public notice given as provided by Chapter 23 of the Code of Iowa, 1966 pertaining to public contracts and bonds, and the time and place fixed for the hearing of all objec- tions to said plans, specifications or contract for or cost of such im- provements, said time being this 22nd day of May, 1967: and WHEREAs, tbe City Council met in special session this 22nd day of May, 1967, at 7:30 o'clock P.M. at the Council Chambers in the City Hall for the purpose of hearing all interested parties and consider- ing any and all Objections which have been filed to the proposed 3. Each lot to be assessed plans, specifications or contract gether wi~h a valuation fixed for or cost of the improvement the counCIl. herein described and proposed to 4. An estimate of the cost of the be made; and proposed improvement, stating the WHEREAS all interested parties same for each different type of have been ~ven an opportunity construction and kind of material to be heard and all objections to be used. which have been duly weighed and 5. In each case the amount considered; now, therefore thereof which is estimated to be BE IT RESOLVED by the City assessed against each lot, for the Council of the City of Dnbnque, City of Dubuque, 1967, Hot Mix. that all objections which have been Hot Laid Asphaltic Paving Project made and filed to the plans, spec- No. 1 on the following named ifications, contract for or cost of streets: said improvement herein described Bryant Street-from the N.P.L. and proposed to be made, be and of Grandview Avenue to the S.P.L. the same are hereby overruled and of DOdge Street. such plans, specifications and form Grandview Avenue _ from the of contract heretofore approved E.P.L. of Southern Avenue to the are hereby adopted. W.P.L. of Kerrigan Road. BE IT FURTHER RESOLVED Madison Street-from the N.P.L. that this resolution containing the of 17th Street to the S.P.L. of decision of this Council upon all Clarke Drive. objections which have been filed ~ain Street-from the N.P.L. of to the plans, specifications and RaIlroad Avenue to the S.P.L. of form of cost of said improvement Jones Street. be made a matter of permanent White Street-from the N.P.L. of record in connection with said im- 10th Street to the S.P.L. of 22nd provement. Street. Passed, adopted and approved BE IT THEREFORE RESOLVED this 22nd day of May, 1967. that the City Council on its own Richard Ludwig motion or upon petition of proper- Mayor ty owners, deems it advisable and M. Sylvester McCauley necessary for the public welfare Merlin F. Schultz to make the herein mentioned im- Eldon A. Pfohl provement, and unless property Walter A. Pregler Owners at the time of the final Councilmen consideration of this proposed Attest: resolution have on file with the Leo F. Frommelt, City Clerk objections to the City Clerk amount of the proposed assess- Councilman Pregler moved adop- ments, they shall be deemed to tion of the resolution. Seconded have waived all objections thereto. by Councilman Pfohl. Carried by Said improvements shall be con- the fallowing vote: structed and done in accordance 1967 Yeas - Mayor men McCauley, Schultz. Nays-None. (Necessity for May 22, Session, Special 196'1 RESOLUTION NO. 130.67 RESOLUTION AMENDING RESO- LUTION NO. 94-67 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, row A: Section 1. That Resolution No. 94-67, being the Resolntion of Necessity for the City of Dubuque 1967 Hot Mix-Hot Laid AsphaltiC Concrete Paving Project No.1, be and the same is hereby amended by deleting the following portions of the following named streets therefrom: Rockdale Road from S.P.L. of Grandview Avenue to the southerly City Corporation limits. Passed, adopted and approved this 22nd day of May, 1967. Richard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler Councilmen Attest: Leo F. Frommelt, City Clerk Mayor Ludwig moved adoption of the resolution. Seconded by Councilman Pfohl. Carried by the following vote: Yeas - Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays-None. Decision of Council upon obiec- tions to plans, specifications, form of contract and cost of improve- ments. RESOLUTION NO. 131-67 WHEREAS, proposed plans and specifications and form of contract for the CITY OF DUBUQUE 1967 HOT MIX-HOT LAID ASPHALTIC PAVING PROJECT NO.1 on the fJllowing named streets: Bryant Street-from the N.P.L. cf Grandview Avenue to the S.P.L. cf Dodge Street. Grandview Avenue - from the E.P.L. of Southern Avenue to the W. P. L. of Kerrigan Road. Madison Street-from the N.P.L. of 17th Street to the S.P.L. of Clarke Drive. Main Street-from the N.P .L. of Railroad Avenue to the S.P.L. of Jones Street. White Street-from the N.P.L. of 10th Street to the S.P.L. of 22nd Street. Session, May 22, Ludwig, Coun- Pfohl, Pregler, Councilman Pregler moved that Main Street from the N.P.L. of Railroad Avenue to the S.P.L. of Jones Street be retained in the City of Dubuque 1967 Hot Mix-Hot Laid Asphaltic Concrete Paving program. Seconded by Councilman McCanley. Carried by the follow- ing vote: Yeas _ Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schnltz. Nays-None. Mr. Gus Zuccaro, Chester 8ta- heli, Ronald Nennig, Margaret Steichen, Don Treanor, Paul Hau- ber, all objected to the proposed paving of White Street for vari- ous reasons such as to traffic in- crease and that it is not needed. Mayor Ludwig moved that White Street from the N.P.L. of 10th Street to tbe S.P.L. of 22nd Street be retained in the City of Dubuque 1967 Hot Mix Hot Laid Asphaltic Concrete Paving Program. Second- ed by Councilman McCauley. Car- ried by the following vote: Yeas _ Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schnltz. Nays-None. Ludwig, Coun- Pfohl, Pregler, Mr. Henry Herrmann of 1871 N. Main Street questioned the neces- sity of paving Madison Street due to the fact that it is in good con- dition. Mr. Lawrence Vize of 185'7 N. Main Street objected to prop- erty owners paying for construc- tion of streets and suggested a wheel tax. Mayor Ludwig moved that Madi- son Street from N.P.L. of 17th Street to the S.P.L. of Clarke Drive be retained in the City of Dnbuqne 1967 Hot Mix-Hot Laid Asphaltic Concrete Paving Pro- gram. Seconded by Councilman Mc- Cauley. Carried by the following vote: Yeas - Mayor cilmen McCauley, Schnltz. Nays-None. Hot Laid Asphaltic Concrete Pav- ing Project No.1. Seconded by Councilman Pfohl. Carried by the following vote: Yeas - Mayor cHmen McCauley, Schultz. Nays-None. Special 244 247 Pregler, Statement of City Clerk certify- ing that notices of public hearing on the resolution of necessity were mailed by certified mail on May 3, 1967 to property owners of record subject to assessment for construc- tion of the City of DUbuque 1967 Bituminous Concrete Paving proj- ect NO.1, presented and read. Councilman Pregler moved that the proof of publication be receiv- ed and filed. Seconded by Mayor Ludwig. Carried by the following vote: Yeas - Mayor men McCauley, Schultz. NaYs-None. Petition of Joseph A. Collins of 2120 Grace Street objecting to proposed paving of Grace street from Algona to McCormick street, presented and read. Councilman Pregler moved that the petition be received and filed. Seconded by Councilman Schultz. Carried by the following vote: Yeas - Mayor men McCauley, Schultz. NaYs-None. Council Pregler, Petition of Fred A. White et al (12 signers) objecting to the pro- posed paving of Bennett Street from Algona to McCormick Street, as same could be repaired to give many long years of service, pre- sented and read. Mayor Ludwig moved that the petition be receiv- ed and filed. Seconded by Council- man Schultz. Carried by the fol- lowing vote: Yeas - Mayor men McCauley, Schultz. Nays-None. Council Pregler Council- Pregler, Petition of George W. Meyer et al (14 signers) objecting to the pav- ing of N. Algona from University Ave. to Loras Blvd., as the street does not warrant it, presented and read. Councilman Pregler mov- ed that the petition be received and filed. Seconded by Council- man McCauley. Carried by the following vote: Yeas - Mayor Ludwig, men McCauley, Pfohl, Schultz. Nays-None. Council- Pregler, Pfohl Ludwig, Pfohl, Ludwig, Pfohl, Ludwig, Pfohl, 1967 men McCauley, Schultz. Nays-None. Special Session, May 22, and after its passage and adoption by the City Council. adopted and approved day of May, 1967. Richard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler Councilmen Councilman Pfohl moved adop- tion of the resolution. Seconded by Mayor Lndwig. Carried by the following vote: Yeas - Mayor men McCauley, Schultz. NaYs-None. Counci Pregler, Proof of Publication, certified to by the Publisher, of Notice of Pendency of resolution of necessity for public hearing and improve- ments upon proposed plans, spec- ification, form of contract and cost of improvements for construction of CITY OF DUBUQUE 1967 BIT- UMINOUS CONCRETE PAVING PROJECT NO.1, on the folIowing named streets: T- N.P.L. S.P.L. Ludwig, Pfohl, Airport - Parking Lot Hangar Apron. North Algona - from the of Universty Avenue to the of Loras Boulevard. Bennett Street - from the W.P. L. of Grandview Avenue to the E.P.L. of McCormick Street. Eagle Point Park - Roadway. Flora Park - Parking lot at Green Street and Bunkerhill Road. Farragut Street - from the W.P. L. of Kerper Boulevard to the W.P. L. of the alley between Kerper Boulevard and Garfield Avenue. Grace Street - from the E.P.L. of McCormick Street to the W.P.L. of Grandview Avenue. Merz Street - from the E.P.L. of Windsor Avenue to the W.P.L. of AIthauser Street. Perry Street - from the W.P.L. of Grandview Avenue to the E.P.L. of Rider Street. presented and read. Councilman Pregler moved that the proof of publication be received and filed. Seconded by Councilman Schultz. Carried by the following vote: Yeas - Mayor Ludwig, Council and Passed, this 22nd Attest: Leo F. Frommelt, City Clerk 1967 QUE 1967 HOT MIX-HOT LAID ASPHALTIC CONCRETE PAVING PROJECT NO. 1 on tbe folIowing named streets; Bryant Street - from the N.P.L. of Grandview Avenue to the S.P.L. of Dodge Street. Grandview Avenue - from the E.P.L. of Southern Avenne to the W.P.L. of Kerrigan Road. Madison Street - from the N. P.L. of 17th Street to the S.P.L. of Clarke Drive. Main street - from of Railroad A venue to of Jones street. White Street - from the N.P.L. of 10th Street to the S.P.L. of 22nd Street. be and the same are hereby order- ed and constructed by this Coun. cil upon its own motion and with or without the petition of property owners. All the work shall be con- structed in accordance with the plans and specifications heretofore adopted and now on file in the of. fice of the City Clerk. BE IT FURTHER RESOLVED that the cost and expense of the said improvements be paid for by levying special assessments against the privately owned property lying within the assessable distance from the improvements, whether such property abut upon the same or are adjacent thereto, according to the area thereof and in proportion to the special benefits conferred, and any deficiency will be paid out of the Road Use Tax Fund of the city. Payments will be made to the contractor out of funds realized from the sale of bonds. street Im- provement Bonds to be issued in anticpation of deferred payments of assessments as provided by law after the work has been completed and accepted by the City Council. BE IT FURTHER RESOLVED that the City Clerk be and he is hereby ordered and directed to ad- vertise for proposals for the con. struction of the various improve- ments herein provided for in the manner provided by law, the said improvements shall be completed on or before 90 days after notice to proceed has been issued. BE IT FURTHER RESOLVED that this resolution being deemed urgent and of immediate necessity shall be in force and effect from / N.P.L. S.P.L. the the Session, May 22, Construction) RESOLUTION NO. 132-67 BE IT RESOLVED hy the City Council of the City of Dubuqne that pursuant to a resolution of necessity No. 94-67 which was duly passed by this Council, for the construction of CITY OF DURU- Attest: Leo F. Frommelt, City Clerk Councilman Pregler moved final adoption of the resolution. Second- ed by Councilman Pfohl. Carried by the following vote: Yeas - Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays-None. RECORD OF FINAL ADOPTION The foregoing resoluton was fin- ally passed and adopted, AS AMENDED, by tbe City Conncil this 22nd day of May 1967. Richard Lndwig Mayor M. Sylvester McCanley Merlin F. Schnltz Eldon A. Pfohl Walter A. Pregler Councilmen with the plans and specifications which have been prepared there- fore by the City Engineer which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said improve. ment will be assessed upon and against all privately owned prop- erty lying within assessable dis- tance provided by law and in an amount not to exceed the amount provided by law, property will he assessed whether the same abuts thereon or is adjacent thereto ac- cording to area and in proportion to the special benefits conferred thereby, and any deficiency shall be paid. Bonds shall be issued and sold in anticipation of deferred payments of assessments when a contract has been performed and accepted and the proceeds thereof used to pay the contractor. The railway portion of any street or assessment district shall be as- sessed to and paid by the railway company. The above resolution was intro- duced, approved and ordered plac- ed on file with tbe City Clerk this 17th day of April, 1967. Special (Ordering 246 249 have been approved by the City Council of the City of DUbuque and public notice given as provid- ed by Chapter 23 of the Code of Iowa, 1966 pertaining to public con- tracts and bonds, and the time and place fixed for the hearing of all objections to said plans, specifica. tions or contract for or cost of such improvements. said time be- ing this 22nd day of May, 1967; and WHEREAS, the City Council met in special session this 22nd day of May, 1967, at 7:30 o'clock P.M. at the Council Chambers in the City Hall for the purpose of hear- ing all interested parties and con. sidering any and all objections which have been filed to the pro- posed plans, specifications or con- tract for or cost of the improve- ment herein described and pro- posed to be made; and Passed, adopted and approved this 22nd day of May, 1967. Richard LUdwig Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler Councilmen 1967 22, Session, May Section 1. That Resolution No. :98-67, being the Resolutiollj' of Necessity for the City of Dubuque 1967 Bituminous Concrete Surfac- ing Project No.1, be and the same is hereby amended by deleting the following portions of the following named streets therefrom: Farragut street from the W.P.L. of Kerper Boulevard to the W.P.L. line of the alley between Kerper Boulevard and Garfield A venue. Perry Street from the W.P.L. of Grandview Avenue to the E.P.L. of Rider Street. Mr. Richard Kelly of 1819 Grace Street objected to the proposed re~ surfacing of Grace Street by stat- ing that the street is in good shape and the bad areas could be repair- ed. Robert Sullivan of 1790 Grace Street stated that Grace street was to be stubbed off in the Gruen plan. Mr. Fred Voels of 1875 Grace Street stated that the petition of objection speaks for itself. II WHEREAS, all interested parties have been given an opportunity to be heard and all objections which have been duly weighed and con- sidered; now, therefore BE IT RESOLVED by the City Council of the City of Dubuque, that all objections which have been made and filed to the plans, speci- fications, contract for or cost of said improvement herein described and proposed to be made, be and the same are hereby overruled and such plans, specifications and form of contract heretofore approved are hereby adopted. BE IT FURTHER RESOLVED that this resolution containing the decision of this Council upon all objections which have been filed to the plans, specifications and form of cost of said improvement be haeo a matter of permanent rec~ ord in connection with said im- provement. Attest: Leo F. Frommelt, City Clerk Councilman Pfohl moved adop- tion of the resolution. Seconded by Councilman Schultz. Carried by the following vote: Yeas - Mayor LUdwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays-None. Decision of Council upon obiec~ tions to plans, specifications, form of contract and cost of im- provements. Passed, adopted and approved this 22nd day of May, 1967. Ricbard Lndwig Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler Councilmen Attest: Leo F. Frommelt City Clerk RESOLUTION NO. 134-67 WHEREAS, proposed plans and specifications and form of contract for the CITY OF DUBUQUE 1967 BITUMINOUS CONCRETE PAV- ING PROJECT NO. 1 on the fol- lowing named streets: Airport-Parking Lot and T-Han- gar Apron. North Algona-from the N.P.L. of University Avenue to the S.P.L. of Loras Boulevard. Bennett Street-from the W.P.L. of Grandview Avenue to the E.P .L. of McCormick Street. Eagle Point Park-Roadway. Flora Park-Parking lot at Green Street and Bunkerhill Road. Grace Street-from the E.P.L. of McCormick Street to the W.P.L. of Grandview Avenue. Men Street-from the E.P.L. of Windsor Avenue to the W.P .L. of Althauser Street. Councilman Pregler moved that Grace street from the E.P.L. of McCormick street to the W.P.L. of Grandview AVe. be retained in the City of Dubuque 1967 Bituminous Paving Project No. 1. Seconded by Councilman McCauley. Carried by the following vote: Yeas - Mayor Ludwig, Council men McCauley, Pfohl, Pregler, Schultz. Nays-None. Mr. Mel Digman of 922 Merz, Harry Welter of 920 Merz, John Fuerst, of 710 Merz, and John Rat- terman, 909 Merz, made inquiry into various proposed moves as to the paving of Merz street. The City was apprised as to curb conditions and drainage which should be cor- rected before paving. Councilman Pregler moved that Merz street from the E.P.L. of Windsor Avenue to W.P.L. of Alt- hauser Avenue be retained in the City of Dubuque 1967 Bituminous Paving Project No. L Seconded by Councilman McCauley. Carried by the following vote: Yeas - Mayor Ludwig, Council~ men McCauley, pfohl Pregler, Schultz. Nays-None. RESOLUTION NO. 133-67 RESOLUTION AMENDING RESOLUTION NO. 98-67 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Council- Pregler, Some discussion arose as to the proposed closing of a portion of N. A1gona. Robert Justman of 1920 Loras Blvd. and Joe Meyer of 1882 Loras Blvd. thought it wise to hold off on the paving of Algona at this time and possibly close it off now. Mr. Harold Hoppmann of 2244 Grace Street objected to the closing of Algona Street. Councilman McCauley moved that North A1gona from the N.P.L. of University Ave. to the S.P.L. of Loras Blvd. be retained in the City of Dubuque 1967 Bituminous Pav- ing Project No. 1. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Ludwig, Council men McCauley, Pregler, Schultz. Nays-Councilman Pfohl. Mr. Fred White of 2263 Bennett questioned the wisdom of the pro- posed paving of Bennett from Mc- Cormick to Algona on the premise that it is part of the University of Dubuque campus. It is possible that this part of Bennet street would be subject to vacation in the next Universiy building program. The University already owns eight houses in the area. Mr. Harry Hansen of 2837 Bennett raised some objections to the paving of Bennett Street. .i~' Councilman Pfohl moved adop- tion of the resolution. Seconded by ~. Special Council- Pregler, 1967 Councilman Schultz moved that Bennett street from W.P.L. of Grandview avenue to KP.L. of McCormick Street be retained in the City of Dubuque 1967 Bitumin- ous Paving Project No.1. Second- ed by Councilman Pregler. Carried by the following vote: Yeas - Mayor Ludwig, men McCauley, Pfohl, Schultz. Nays-None. Session, May 22, 248 Petition of Richard J. Kelly et al (37 signers) objecting to the proposed resurfacing of Grace Street, presented and read. Mayor Ludwig moved that the petition be received and filed. Seconded by Councilman Schultz. Carried by the following vote: Yeas - Mayor men McCauley, Schultz. Nays-None. Council Pregler Special Ludwig, Pfohl, Councilman Pregler moved that Farragut Street from the W.P .L. of Kerper Blvd. to the W.P.L. of the alley between Kerper Blvd. & Garfield Ave. and Perry Street from the W.P.L. of Grandview Av- enue to the E.P.L. of Rider street be deleted from the City of Du- buque 1967 Bituminous Paving pro- ject No. 1. Seconded by Council- man Schultz. Carried by the fol- lowing vote: Yeas - Mayor men McCauley, Schultz. Nays-None. Ludwig, Pfohl, o;-.,~ -=_":,~:-:C-',._'~. 251 ments herein provided for in the manner provided by law, the said improvements shall be completed on or before 90 days after notice to proceed is issued. BE IT FURTIIER RESOLVED that this resolution being deemed urgent and of immediate necessity shall be in force and effect from and after its passage and adoption by the City Conncil. Passed, adopted and approved this 22nd day of May, 1967. Richard Lndwig Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler Councilmen Mayor Ludwig moved adoption of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. NaYs-None. Communication of Doug Herron of 2166 Broadlawn, voiCing his op- position to the decision reached by the Council at the pnblic hear- ing on Urban Renewal held on May 18, 1967, presented and read. Ma- yor LUdwig moved that the com. munication be received and filed. Seconded by Conncilman Pregler. Carried by the follOwing vote: Yeas - Mayor LUdwig, Coun- cilm~n McCauley, Pfohl, Pregler, Schultz. NaYs-None. Communication of A. L. Weitz of 2999 Burden Ave. requesting im. partial consideration be given Westview Shopping Center, pre. sented and read. Councilman Pfohl moved that the communication be received and filed. Seconded by Mayor Ludwig. Carried hy the fol- lowing vote: Yeas - Mayor cilmen McCauley, Schultz. Nays-None. Communication of Municipal Judge Edward D. Failor, submit- ting his resignation as Judge of the Municipal Court effective at 12:01 A.M. June 5, 1967, presented and 1967 Attest: Leo F. Frommelt City Clerk May 22, Session, (Ordering Construction) RESOLUTION NO. 135-67 BE IT RESOLVED by the City Council of the City of Dubuque that pursuant to a resolution of necessity No. 98-67 which was dUly passed by this Council, for the con- struction of CITY OF DURUQUE BITUMINOUS CONCRETE PAV- ING PROJECT NO. 1 on the fol- lowing named streets: Airport-Parking Lot and T-Han- gar Apron. North Algona-from the N.P.L. of University Avenue to the S.P.L. of Loras Boulevard. Bennett Street-from the W.P.L. of Grandview Avenue to the E.P.L. of McCormick Street. Eagle Point Park-Roadway. Flora Park-Parking lot at Green Street and Bunkerhill Road. Grace Street-from the E.P.L. of McCormick Street to the W.P.L. of Grandview Avenue. Men Street-from the E.P.L. of Windsor Avenue to the W.P.L. of Althauser Street. be and the same are hereby or- dered and constructed by this Council upon its own motion and with or without the petition of property owners. All the work shall be 'constructed in accordance with the plans and specifications heretofore adopted and now on file in the office of the City Clerk. BE IT FURTIIER RESOLVED that the cost and expense of the said improvements be paid for by levying special assessments against the privately owned property lying within the assessable distance from the improvements, whether such property abut upon the same or are adjacent thereto, according to the area thereof and in proportion to the special benefits conferred, and any deficiency will be paid out of the Road Use Tax Funds of the city. Payment will be made to the contractor out of funds realized from the sale of Street Improve- ment Bonds to be issued in antici- pation of deferred payments of as~ sessments as provided by law after the work has been completed and accepted by the City Council. BE IT FURTHER RESOLVED that the City Clerk be and he is hereby ordered and directed to ad- vertise for proposals for the con- struction of the various improve- Special Session, May 22, 1967 Clerk objections to the amount of the proposed assessments, they shall be deemed to have waived all Objections thereto. RECORD OF FINAL ADOPTION The foregoing resolution was finally passed and adopted, AS AMENDED, this 22nd day of May 1967. Richard Ludwig Mayor M. Sylvester McCanley Merlin F. Schnltz Eldon A. Pfohl Walter A. Pregler Councilmen -jiy p~ Lndwig, Coun- Pfohl, Pregler, Attest: Leo F. Frommelt, City Clerk Councilman Pfohl moved final adoption of the resolution. Second- ed by Mayor Ludwig. Carried by the following vote: Yeas - Mayor Ludwig, men McCauley, Pfohl, Schultz. Nays-None. Said improvements shall be con- structed and done in accordance with the plans and specifications which have been prepared there- fore by the City Engineer which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said improve- ment will be assessed upon and against all privately owned prop- erty lying within assessable dis- tancp provided by law and in an amount not to exceed the amount provided by law, property will be assessed whether the same abuts thereon or is adjacent thereto ac. cording to area and in proportion to the special benefits conferred thereby, and any deficiency shall be paid out of the 135J Road Use Tax Fund. Bonds shall be issued and sold in anticipation of deferred payments of assessments when a contract has been performed and 5. In each case the amount there- accepted and the proceeds thereof of which is estimated to be as- used to pay the contractor. The sessed against each lot, for the railway portion of any street or City of Dubuque, 1967, Bituminous assessment district shall be as- Concrete Paving Project No. 1 on sessed to and paid by the railway the following named streets: company. Airport-Parking Lot and T-Han- The above resolution was intro- gar Apron. duced, approved and ordered plac- North Algona-from the N.P.L. of ed on file with the City Clerk this University Avenne to the S.P.L. 17th day of April, 1967. of Loras Boulevard. Bennett Street-from the W.P.L. of Grandview Avenue to the E. P.L. of McCormick Street. Eagle Point Park-Roadway. Flora Park-Parking lot at Green Street and Bunkerhill Road. Grace Street-from the E.P.L. of McCormick Street to the W.P .L. of Grandview Avenue. Men Street-from the Windsor Avenue to of Althauser Street. the fol Ludwig, Coun- Pfohl, Pregler, for Improvement: RESOLUTION NO. 98-67 WHEREAS, proposed plans, specifications, form of contract, plat and schedule have been duly prepared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk showing among other things the following: 1. The streets to be improved. 2. The width of such improve- ment. 3. Each lot proposed to be as. sessed together with a valuation fixed by the council. 4. An estimate of the cost of the proposed improvement, stating the same for each different type of construction and kind of material to be used. E.P.L. of the W.P.L. Council- Pregler, BE IT TIIEREFORE RESOLVED that the City Council on its own motion or upon petition of prop- erty owners, deems it advisable and necessary for the public wel- fare to make the herein mentioned improvement, and unless property owners at the time of the final consideration of this proposed reso- lution have on file with the City Special Carried by 250 Mayor Ludwig. lowing vote: Yeas - Mayor cHmen McCauley, Schultz. Nays-None. (Necessity ==~~::""'.~:cc-=-= ~ . -, _-~c=--~'< ~ 253 Mutual Mer- SIDEWALK Curtis Bauer, Merchants Bonding Co. Edwards Construction Co., chants Mutual Bonding Co. Frank E. Miller, United Fire & Cas- ualty Co. Kenneth Schromen, The Ohio Cas- ualty Insurance Co. Timmerman Construction Co., The Travelers Indemnity Co. Gilbert D. Chavenelle, City Manager Councilman Pregler moved that tbe policy and bonds be filed sub. ject to approval of the City attor- ney. Seconded by Councilman Mc- Cauley. Carried by the following vote: Yeas - Mayor cilmen McCauley, Schultz. Nays-None. Ludwig, Coun- Pfohl, Pregler, 1967 I am returning to you the peti- tion for a street light at the inter- section of Alpine and Carlotta Streets. The area has been investigated, and it is recommended that a 4000 lumen incandescent light be in- stalled at the location. Respectfully requested, Gilbert D. Chavenelle City Manager Councilman Pregler moved ap- proval of the City Manager's rec- ommendation. Seconded by Coun- cilman McCauley. Carried by the following vote: Yeas - Mayor cHmen McCauley, Schultz. Nays-None. Ludwig, Coun~ Pfohl, Pregler, May 22, 1967 19, May Mayor Mayor To the Honorable and City Council Gentlemen 1967 To the Honorable and City Council Gentlemen: 22, May Session, The lowest bid entered was sub- mitted by M. F. Goerdt Construc- tion Company of Dubuque, Iowa for the amount of $11,731.00. The City's estimated cost was $11,510.00. I recommend that the contract for the repair be awarded to M. F. Goerdt Construction Company, Du- buque, Iowa. Respectfully submitted, Gilbert D. Chavenelle City Manager Councilman Pfohl moved that the recommendation of the City Manager be approved. Seconded by Councilman McCauley. Carried by the following vote: Yeas - Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. Nays-None. Printed Council proceedings for the month of January 1967 pre- sented for approval. Councilman Pfohl moved that the Council pro- ceedings for the month of January 1967 be approved as printed. Sec- onded by Councilman Pregler. Car- ried by the following vote: Yeas - Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schnltz. Nays-None. 1967 To the Honorable and City Council Gentlemen: I herewith submit the monthly report of the City Water Depart- ment for the month of April 1967. Respectfnlly, Gilbert D. Chavenelle City Manager Councilman Pregler moved that the report be received and filed. Seconded by Councilman Pfohl. Carried by the fOllowing vote: Yeas - Mayor Ludwig, Coun- cilmen McCaUley, Pfohl, Pregler, Schultz. NaYs-None. Special 18, May Mayor 1967 The petition has been withdrawn as indicated in the attached letter of City Engineer White, dated May 2nd. Respectfully snbmitted, Gilbert D. Chavenelle City Manager Councilman Pregler moved that the communication be received and filed. Seconded by Councilman Pfohl. Carried by the following vote: Yeas - Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schnltz. Nays-None. 1967 Gentlemen: I herewith submit the report of the City Treasurer for the month of April 1967. Also enclosed is monthly report of the City Health Department for the month of March 1967. RespectfUlly, Gilbert D. Chavenelle City of Manager Councilman Pfohl moved that the reports be received and filed. Seconded by Councilman Pregler. Carried by the followed vote: Yeas - Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schnltz. Nay.s---None. Proof of Publication, certified to by the Publisher, of Statement of receipts and a list of claims for which warrants were issued during the month of April 1967, presented and read. Councilman Pfohl moved that the proof of publication be received and filed. Seconded by Mayor Ludwig. Carried by the fol- lowing vote: Yeas - Mayor cHmen McCauley, Schultz. Nays-None. I herewith submit the report of the City Auditor, as well as a list of claims and payrolls for which warrants were issued for the month of April 1967. RespectfUlly, Gilbert D. ChaveneUe City Manager Councilman Pregler moved that the report be received and filed. Seconded by Councilman Schultz. Carried by the following vote: 1967 To the Honorable and City Council, Gentlemen: This is to advise that I have ap- proved the follOWing policy and bonds and desire to have your ap- proval on same. COMPREHENSIVE LIABILITY Edward D. Tschiggfrie, Jr. and Joan Tschiggfrie, The Western Casualty and Surety Co. 17, Ludwig, Coun- Pfohl, Pregler, May 22, Mayor 1967 Gentlemen: This is to inform your honorable body that during the recent flood six of the City storm sewers were damaged. Sealed bids were received until 10:00 A.M., D.S.T., May 10, 1967 to repair these sewers. May Mayor 10, May Mayor To the Honorable and City Council 1967 Gentlemen I am returning the petition of George Kennedy requesting per- mission to install an air condition- er which would extend on City property. May 22, To the Honorable and City Council May 8, Mayor To the Honorable and City Council Session, read. Councilman Pfohl moved that the Mayor communicate with the Governor and take steps for an ap- pointment. Seconded by Council- man Schultz. Carried by the fol- lowing vote: Yeas - Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. Nays-None. Councilman Pregler further moved that the resignation of Judge Failor be accepted with re- gret and the Mayor send a letter of appreciation. Seconded by Ma- yor Lndwig. Carried by the fol- lowing vote: Yeas - Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. Nays-None. Communication of Martin Wes- terfield of the Martin Oil Co. ob. jecting to various violations of the State Fire Code as they now exist in the City at various gasoline ser- vice pumps and bulk plants, pre.- sented and read. Mayor Ludwig moved that the communication be received and filed after the City Manager explained that the so- called violations are under study. Seconded by Councilman McCau~ ley. Carried by the following vote: Yeas - Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. Nays-None. Communication of League of Municipalities "Legislative Round- Up" calling attention to the short- age of essential health services in the State of Iowa and immediate action should be inaugurated for accelerated program to meet the needs, presented and read. Coun- cilman Pregler moved that the communication be referred to the Mayor. Seconded by Councilman Pfohl. Carried by the following vote: Yeas - Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schnltz. Nays-None. Special 252 .... -. .. - --- --- "'''=.",~--~--=.-_-~=-,.. ~ Special Session, May 22, 1967 255 4 of Minerai Lot 312 in Section 6 T. 89 N., R. 3E' of 5 P.M. Section 2. That all of the said area hereinabove described, except the por- tions described in Sections 3 and 4 here- of, is hereby classified and designated "Single Family Residence District." Section 3. That the fOllowing described areas are hereby classified and desig- nated "Local Business Districts 'A'" a. Lot 1 of the Subdivision of lot 2 of Rudolph's Farm In Section 27; Township 89 N., R. 2E of 5th P.M.; and lot 1 of Subdivision of lot 2 of Lot 2 of lot 2 of Lot 1 of Lot 1 of Hawkeve Stock Farm in Sec- tions 27 and 28, DubuQue Township, all in the City of Dubuque, Iowa. b. Lot 2 of the Subdivision of lot 1 of Lot 1 of Rudolph's Farm in Sec- tion 27; and lot 2 of the Subdivision of lot 1 of Lot 2 of Lot 2 of Lot 1 of Lot 1 of HawkeYe Stock Farm in Sections 27 and 28 III the Cily of Du. bUQue, Iowa. c. Lot 1 of Subdivision of East 291.8 feet of Lot 2 of Lot 2 of Southeast 1,4 of the Southeast 1,4 of Section 21, T. 89N., R. 2E., 5th P.M., in ftJe Citv of Dubuque, Iowa. d. The North 137 feet of the East 300 feet of the West 430 feet of Lot 2 of Lot 2 of the SOUTHEAST 1,4 of the SOUTHEAST If.. of Section 21, T. 89N., R 2E., 5th P.M., in ftJe City of Dubuque, Iowa. Section 4. That the fOllowing described areas are hereby classified and desig- nated "Local Business Districts 'B' ": a. "Bird Chevrolet Center Grove Place" in Section 27, DubUQue Town- ship, Dubuque County, Iowa. b. lot 1 of Mineral lot 246 in ftJe City of Dubuque, Iowa, except that portion thereof described as follows which shall remain as Single Familv Residence District. Commencing at ftJe southeast cor- ner of Lot 1 of Mineral Lot 246 In Section 27, Dubuque TownShip, Du- buaue Countv, Iowa, now In the City of Dubuque, Iowa, also being the southwest corner of "Bird Chevrolet Center Grove Place" in Section 27, Dubuque Township, Dubuque Counly, Iowa, now in the City of Dubuque, Iowa, ftJence North 73056' West, 77.18' along Uni. versity Avenue right-of-wav, thence North 740 03' West, 117.45 feet along University Avenue right-of-way, thence North 530 31' West, 411.64 feet along John F. Kennedv Road rlght-of- way, thence South 300 36' East, 169.63 feet to southerly right-Of-way line of John F. Kennedy Road and the point of beginning, thence continuing SouftJ 300 36' East, 71.90 feet, thence South 770 55' East, 67.75 feet to said John F. Kennedv Road rlght-of-wav, thence North 530 31' West, 127.77 feet along said John F. Kennedy Road right. Of-way to point of beginning, contain. ing 0.041 acres. c. Beginning at a point 257.15 feet south of the East one-Quarter corner of said Section 28 and on the east line of said Section 28, being the intersection of the said east line of the said Section 28 and ftJe northerly right-of-way line of U.S. Hlghwav No. 20, thence North 257.15 feet on the Section line 10 said East Otle-Quarter corner of said Section 28, thence North 1.333.86 feet along said Section LIne and the East line of ftJe Southeast One-Quar- ter of Northeast One-Quarter of said Section 28 to the Northeast Corner of the Southeast One-Quarter of Northeast One-Quarter of Section 28, J?W5~~hirpri~ciP~yrt~er~r~~,e ~en~:st North 660 48V2' West, 306.28 feet thence North 870 47' West, 302.-43 feet, thence North 880 41' West, 317.25 feet, thence NorftJ 89" 471h' West, 408.71 feet to the Northwest Corner of Southeast One-Quarter of Northeast One-Quar- li~ng~eciioga~r' JO%~h~ftJ 89pri~gi~~i Meridian, thence South, 478.57 feet, thence South 00 21' West, 850.87 feet, thence South 00 29' East, 473.00 feet to the northerly right-of-way line of U.S. Highway No. 20, ftJence along the norftJerlv right-of-way line of said U.S. Highway No. 20, marked ORDINANCE NO. 18-67 An Ordinance amending and changing the zoning map of the City of Du- buque, Iowa as provided bv Ordinance :tth~~i~~n~~~~~~~,ni~g a~r~~napn~ vide zoning classification for the area annexed to the City. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE: Section 1. That the zoning map and zoning ordinance of the City of Du- bUQue be, and the same is hereby amended and changed so as to include the area annexed to the City of Du- buque, the perimeter of which is de- scribed as follows, to wit: Commencing at the Existing City Limits on the northwest corner of Lot 1 of Mineral Lot 388 in Section 15, T. 89 N., R. 2E, of 5 P.M. thence west along the north section line of Section 15 a distance of 3958.3!'i feet to the northwest corner of Section 15 T. 89 N., R. 2E. of 5 P.M., thence west a dis. tance of 1320 feet along the north sec- tion line of Section 16, thence south along the east properly of Helen E. and Marv H. Stewart Subdivision for a dis. tance of 1162 feet to the south property line of Old Timers Road, (now known as John F. Kennedv Road) thence north- westerlY along the south properly line of the Old Timers Road, (now known as John F. Kennedy Road) a distance of 1133.22 feet to the east properlY line of Lot 2 of Mineral Lot 460, thence 1326.60 feet southwesterly along the east property line of Lot 2 of Mineral Lot -460, thence a distance of 663.30 feet northwesterly along the south property line of Lot 2 of Mineral lot 460 to the Southeasterlv line of Lot 2 of Minerai Lot 459, thence 1510.74 feet southwest- erly to ftJe south property line of lot 2 of Mineral Lot -459 thence 955.68 feet along the south property Hne of Lot 2 of Mineral Lot 459 to the west section Hne of Section 16, T. 89 N., R. 2E, of 5 P.M. thence south along ftJe west section line of Section 16, a distance of 2640 feet to the southwest corner of Sec- tion 16, T. 89 N., R. 2E, of 5 P.M. thence south a distance of 5,280 feet along the west section line of Section 21 to the southwest corner of Section 2] T. 89 N., R. 2E thence 2640 feet east along the souftJ section line of Section 21 to ftJe northWest corner of the northeast 1,4 of Section 28 thence 1320 feet south along the east properly line of the northeast 1,4 of the northwest 1,4 of Section 28 to the southeast corner of ftJe norftJeast V4 of the northwest 1,4 of Section 28, thence east 711.46 feet along the south line of Lot 1 of Lot 1 of the northwest 1,4 of the northeast 1,4 of Section 28, to the west properly line of C. J. Bies Subdi- vision In Section 28, T. 89 N., R. 2E, of 5 P.M., thence south 129.56 feet to ftJe southwest corner of C. J. Bies Subdivis- ion, ftJence east 608.54 feet to the east line of the southwest 1,4 of the north- east 1/.. Of Section 28, ftJence south along ~?eL~rl Cro~~~r~~es~fCkLO~a~rri'f 1.r9~~J feet to a point 60 feet north of the center line of the norftJ lane of High- way 20, thence easterly 60 feet north of, and parallel to the center line of the lorth lane of Highway 20, 1330 feet to the west section line of Section 27, thence north 324.84 feet to the south properly line of Lot 1 of Lot 2 of Lot 1 of Lot 1 of Hawkeve Stock Farm, thence 596.06 feet easterlY along the [~~t~ ~~0~~"'l16~eH~vk~;e 1 S~6JO~a2r~~ thence 491.3 feet easterly along the south property line of Lot 2 of Lot 2 of Lot 1 of Lot 1 of Hawkeye Stock Farm to Its intersection with ftJe extension of ftJe west properly line of lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1, Lot 2 of Lot 1 of Mineral Lot 244 in Section 27 T. 89 N., R. 2E, of 5 P.M. ftJence souftJerlv along the west properly fine of lot 1 of lot 1 of Lot 1 of Lot 1 of Lot 1, lot 2 of Lot 1 of Mineral Lot 244 in Section 27 T 89 N., R. 2E, of 5 P.M. a distance of 324.84 feet to a point 60 feet north of the center line of the north lane of Highway 20, thence 2972.3 feet easterlY along a line 60 feet norftJ of and parallel to the center line of the north lane of Highway 20 to ex. isting westerly city limits of Dubuque, Iowa, all the above described territorv adjOining the corporate limits of the City of Dubuque, Dubuque County, Iowa, and to be included with the above area are lot 2 of Mineral Lot 388 in Section 15, T. 89 N., R. 2E, of 5 P.M. and Lot 2 of Lot 1 of Lot 1 of Lot 1 of lot 1967 cilman Pfohl moved that the proof of publication be received and filed. Seconded by Mayor Ludwig. Carried by the following vote: Yeas - Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. Nays-None. COUNCIL RECESSED AT 11:45 P.M. RECONVENED AT 11:50 P.M. Attorney Dan Ernst objected to the adoption of Ordinance No. 18- 67 by stating that it is invalid, un- constitutional and void. It does not allow for the pre-existing non con- forming use of the Link property. Dr. Link, owner of the property at J. F. K. Road and Pennsylvania Ave., stated that this area was known as the Westview Shopping Center since 1959. Grading and sewer installation at a cost of from $17,000 to $18,000 was com- pleted mostly prior to annexation. One building was built in 1962, a second one in 1964 and the oil sta- tion in 1966. The total amount ex- pended is between $75,000 and $80,000. Mr. Tbos. Voelker of 2305 Simpson, a local realtor and ap- praiser, stated that the area is not suited for single family dwellings, and would be best served if it were used for commercial pur- pose. Mr. Bob Lnndin of 49 N. Grand. view, also a real estate appraiser, stated that the Link properly is not suitable for single family dwell- ings. It fits into the shopping center realm due to the heavy arterial traffic. Mr. Jack Thompson of 3165 As. bury, now one of the tenants in the Link shopping area stated that Dr. Link talked to him as far back as 1962 and then again in April of 1965. He thought it would be best served under Business "A" classification for the Oky-Doky food market. Adoption. 22, ORDINANCE NO. 18-67 An Ordinance Amending and changing the Zoning Map of the City of Dubuque, Iowa as provided by Ordinance No. 3- 34, designated "Zoning Ordin- ance of fhe City of Dubuque" so as to provide Zoning Class- ification for the area annexed to the City, presented for Final Session, May Ludwig, Coun- Pfohl, Pregler, Notice of claim of Violet M. Haas in the amount of $8.00 for person- al injuries received in a fall at the alley crosswalk on 13th Street between Central and White streets on May 13, 1967, presented and read. Councilman Pregler moved tbat the claim be referred to the City Solicitor for investigation and report. Seconded by Councilman Schnltz. Carried by the following vote: Yeas _ Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. Nays-None. Notice of claim of Jeanette Mur- phy of 1828 Norland St. in tbe amount of $20 for personal inju. ries received in a fall in the street near her home on May 9, 1967, pre- sented and read. Councilman Preg- ler moved that the claim be re- ferred to the City Solicitor for in- vestigation and report. Seconded by Councilman Schultz. Carried by the following vote: Yeas _ Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schnltz. Nays-None. Petition for a Declaratory Judg- ment by Adam Casutt Plaintiff vs. City of Dubuque that Section 368.47 of the Iowa Code is bind- ing and applicable to the contro- versy on Urban Renewal and whether said program should have approval of a majority of the vot- ers, presented and read. Council- man Pregler moved that the peti- tion be referred to the City Solici- tor for investigation and report. Seconded by Councilman Schultz. Carried by the following vote: Yeas - Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. Nays-None. Proof of Publication, certified to by the publisher, of notice of pub- lic hearing on Ordinance No. 18-67 which is an ordinance amending and changing the Zoning Map and Zoning Ordinance of the City of Dubuque known as Ordinance No. 3-34 so as to provide zoning clas- sification for the area annexed to the City, presented and read. Coun- Special 254 Yeas - Mayor cilmen McCauley, Schultz. Nays-None. 257 Councilman Pregler moved that the rule be suspended requiring an Ordinance to be read on three separate days. Seconded by Coun- cilman McCauley. Carried by the following vote: Yeas-Mayor LUdwig, Council- men McCaUley, Pfohl, Pregler, Schultz. Nays-None. Councilman Pregler moved that a public hearing be held on the Ordinance on June 19, 1967, at 7:30 o'clock P.M. in the Council Chambers at tbe City Hall and tbat the City Clerk be instructed to publish notice of the hearing in the manner required by law. Seconded by Councilman Pfohl. Carried by the following vote: Yeas-Mayor LUdwig, Council- men McCauley, pfohl, Pregler, Schultz. Nays-None. ORDINANCE NO. 26-67 An ordinance amending and changing Ordina-nce No. 3-34 known as the Zoning Map and Zoning Ordina,nce of the City of Dubuque so as to eha,nge certain property hereinafter described from IILocal Bus- iness District IIAII classifica.- tion to IILocal Business District IIBII classification, (Yiannias property) presented and read. Councilman McCaUley m 0 v e d that the reading just had be con- sidered the first reading of the Ordinance. Seconded by Mayor Ludwig. Carried by the following vote: Yeas-Mayor Ludwig, Council- McCanley, Pfohl, Pregler, men Schultz. Nays-None. Councilman McCauley m 0 v e d that the rule reqUiring an Ordi- nance to be read on three sep- arate days be waived. Seconded by Mayor LUdwig. Carried by the fOllOWing vote: Yeas-Mayor Ludwig, men McCauley, Pfohl, Schultz. Nays-None. Councilman McCauley m 0 v e d that a public hearing be held on the Ordinance on June 19, 1967, at 7:30 o'clock P.M. in the Coun- cil Chamber at the City Hall and that the City Clerk be instructed to publish notice of the hearing Council Pregler 1967 Session, May 22, 1967 May Honorable Mayor and Council Members Gentlemen: On May 11 the City Planning and Zoning Commission held a public hearing on a proposal to reclass- ify certain properties on the zon. ing map located along Kennedy Road from Highway #20 to Penn. sylvania Avenue. A legal descrip- tion of the properties proposed to be reclassified and a map illus- trating these same areas are at- tached. A notice of the public hearing was published in the Telegraph Herald on April 26, 1967. No writ- ten objections were on file prior to the public hearing and no one appeared at the public hearing in opposition to the proposal. Mr. N. J. Yiannias appeared and spoke in favor of the proposal. It is the recommendation of the City Planning and Zoning Com- mission that the proposal, illustrat. ed and described on the attached sheets, be accepted. RespectfulIy submitted, Don Gilson Director of Planning Mayor Ludwig moved that the communication be received and filed. Seconded by Councilman Pfohl. Carried by the folIowing vote: Yeas - Mayor men McCauley, Schnltz. Nays-None. Council- Pregler, ORDINANCE NO. 25-67 An ordinance amending and changing Ordinance No. 3-34 known as the Zoning Map and Zoning Ordinance of the City of Dubuque so as to cha,nge certa.in property hereinafter described from IISingle Fam.. ily Residence Oistrictll class- ification to IILocal Business IIBII classification, Yiannias property) presented and read. Councilman Pregler moved that the reading just had be -consid- ered the first reading of the Ordi- nance. Seconded by Councilman Pfohl. Carried by the following vote: Yeas-Mayor men McCauley, Schultz. Nays-None. CounciI- Pregler, 15, Special Ludwig, Pfohl Ludwig, Pfohl, May 22, 1967 public hearing on Ordinance No. 21.67 being an Ordinance to con- sider amending the Zoning Map and Zoning Ordinance known as Ordinance No. 3-34 so as to change Lot 5 of Lange's Subdivision from Single Family to Multiple Resi- dence District Classification, pre- sented and read. No written objections were filed and no oral objectors were present in the Council Chamber at the time set for the public hearing. Councilman Pregler moved that the proof of publication be receiv- ed and filed. Seconded by Mayor Ludwig. Carried by the foIlowing vote: Yeas _ Mayor Ludwig, Council- men McCauley, pfohl, Pregler, Schultz. Nays-None. ORDINANCE NO. 21-,,67 An ordinance amending and chang- ing Ordinance No" 3-34 known as the ~~~in~ityM~f .5ngu~8~i~~ ~:dt~a3.~en~ certain property hereinafter described from "Single FamilY Residence District" classification to "Multiple Residence District" Classiflclltion. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF CITY OF DUBUQUE, IOWA: kn~~i~s 1fheT~~nin~rdJJ::~ceanJloionr~ Ordinance of the City of Dubuque, Iowa, be and the same is hereby amended by chanQlng from "Single Family Residence ~~S:I~~~~e <6rs1;i~~tl02Iasii~ica;i'~~lti~~ following described real estate, to wit: Lot 5 of Lange's Subdivision in the City of Dubuque, Iowa. Passed, adopted and approved this 22nd day of May, 1967. RICHARD LUDWIG M'!1Y.?[VESTER McCAULEY MERLIN F. SCHULTZ ELDON A. PFOHL WALTER A" PREGLER Councilmen Attest: LEO F. FROMMELT City Clerk published officiallY in the Telegraph- Herald .Newspaper this 26th daY at May, 1967. Leo F. Frommelt City Clerk 1.5-26 Councilman Pregler moved final adoption of the Ordinance. Second- ed by Councilman Pfohl. Carried by the foIlowing vote: Yeas - Mayor Ludwig, Counci men McCauley, Pfohl, Schultz. Nays-None. ORDINANCE NO. 21-67 An Ordinance Amending and Changing Ordinance No. 3-34 known as the Zoning Map and Zoning Ordinance of the City of Dubuque so as to change certain property hereinafter described from "Single Familv Residence District'"' classifica- tion to "Multiple Residence District" classification, presented for final adoption. Session, 11.5-26 Councilman Pregler moved for final adoption of the Ordinance. Seconded by Mayor Ludwig. Councilman Pfohl moved to table the previous motion until recom- mendation of the Planning & Zon. ing Commission comes in. Second- ed by Councilman Schultz. Vote and roll call on the motion was Yeas-Councilman Pfohl, Schultz. Nays-Mayor Ludwig, Council- men McCauley, Pregler. Roll call on the final adoption was carried as follows: Yeas - Mayor Ludwig, Council- men McCauley, Pregler. Nays-CounciIman Pfohl, Schultz. Proof of publication, certified to by the publisher, of notice of 256 by railroad rails, as follows: North 560 08112' East, 112.48 feet, thence North 760 40' East, 223.28 feet, thence North 780 1]'12' East, 387.78 feet, thence North 8'JO 36V2' East, 255.23 feet, thence South 880 47'12' East, 389.24 feet to point of beginning: exceptIng that area in Lot 2 of Lot 1 of Lot 1 of Hawkeye Stock Farm in Sections 27 and 28, Dubuque Township, Du- rri'eau;ect~g~nWrle 1~:N~~ln~'1g~~ ~~ lInd 28, and beIng In the northeast corner of the aforesaid tract com- mencing at the East One-Quarter Corner of said Section 28, thence ~g~th(.i~eOS:~ J,e:t e:i~nr,n:a~ ~:fd section 28 to a point in the John F. KennedY Road lInd the point of be- ginning of the exception, thence North, 275.96 feet to the Northeast Corner of Southeast One-Quarter of Northeast One-Quarter, SectIon 28, Township 89 North, Range 2 East of the 5th Principal Meridian, thence North 880 48W West, 136.50 feet to another point in the John F. Ken- nedy Road, thence along a 60 00' curve concave southeasterlY a dis- tance of 308,,00 feet more or less to the point of begin..wng: in the City of Dubuque, Dubuque ~?~tt:no~~a ~s Lot 1 of Lot 1 of Lot 1 of Hawkeye Stock Farm in Sections 27 and 28, Dubuque Town- ship, Dubuque County, Iowa, now in the City of Dubuque, Iowa. d. The South 150 feet of the East 300 feet of the West 430 feet of Lot 2 of Lot 2 of the SOUTHEAST 'I.. of the SOUTHEAST 14 In Sec- ~y~ ~{ 6ub~~U~," Ig~a. P.M. in the e. Lots 1, 2 and 3 of "Sarah S" and Edward Bartels place at Cen- ter Grove" located on the north side of University Avenue on both sides of and Including the Volkswagen Sales and Service AgenCY. Section 5. This ordinance shall be in full force and effect from and after its final passage, adoption and publi- cation as by law provided. Introduced on the 17th daY of April, 1967" Rule reCluiring reading on three sepa- rate days suspended by unanimous vote the 17th day of April, 1967. Passed, adopted and approved this 22nd day of May, 1967. RICHARD LUDWIG ATTEST: Leo F. Frommel" City CJerk Published officially In The Telegraph Herald newspaper this 26th day of May, 1967. LEO F. FROMMELT City Clerk Special Mayol M. SYLV'=STER McCAULEY WALTER A. PREGLER Councilmen '-'''' .~'.~_.~~ '-~ 259 WHEREAS there has been filed with the City Clerk a plat in which Subdivision of Lot 1 of Powers Place in the City of Dubuque, Iowa is platted as Lot2of1 the City of County, Iowa. and, Place in Dubuque WHEREAS said plat has been examined by the City Council and they find the same conforms to the Statutes and Ordinances re- lating thereto; NOW, THEREFORE, BE IT RE. SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the above de- scribed plat be and the same is hereby approved and the Mayor and Clerk be and they are hereby authorized and directed to endorse the approval of the City upon said plat. Yeas-Mayor Ludwig, Council. men McCauley, Pfohl, Pregler, Schultz. Nays-None. Petition of Orchard Park Inc. requesting permission to excavate in Shiras Avenue for the connec- tion of sewer and water. Council- man Pfohl moved that the petition be granted. Seconded by Mayor Ludwig. Carried by the folIowing vote: Yeas-Mayor Ludwig, Council. men McCauley, Pfohl, Pregler, Schultz. Nays-None. Petition of John B. Burgmaier requesting a refund of $125. on the unexpired portion of Liquor License #c-2694, as he has discon- tinued business on April 29, 1967, presented and read. Mayor Ludwig moved that the refnnd be granted and the Auditor instructed to is- sue proper warrant. Seconded by Councilman Pregler. Carried by th fOllowing vote: Yeas-Mayor Ludwig Council. Passed, adopted and approved men McCauley Pfohl' Pregler this 22nd day of May A.D., 1967. Schultz. ' , , Richard Ludwig Nays-None. Mayor . . M. Sylvester McCauley PetItiOn. of Ja~es N. Clark et Merlin F. Schultz al requestmg relIef. of a senous Eldon A. Pfohl storm sewer and dramag~ problem Walter A. Pregler t~ the rea~ of. Lot 3 In Fo.rest Councilmen Vlew off Vlctona Place and Dlane Attest. Court; presented and read. M.a~nr Leo' F. Frommelt LudWIg moved that the petItiOn City Clerk be referred to the Manager and Engineering Department. Second. Councilman Pregler m 0 v e d ed by Councilman Pregler. Carried adoption of the resolution. Second- by the folIowing vote: ed by Councilman Pfohl. Carried Yeas-Mayor Ludwig, Council- by the follOwing vote: men McCanley, Pfohl, Pregler, Yeas-Mayor Lndwig, Council- Schultz. men McCauley, Pfohl. Pregler, Nays-None. Schultz. Petition of Dubuque Chapter of N ays-N one. the National MUltiple Sclerosis Proofs of Publication, certified Society requesting that the Mayor to by the Publishers, of Notice declare "Conquer Multiple Scle- of levy of special assessments and rosis Month" from May 14th to intention of the City Council to June 18th, 1967, presented and issue bonds for construction of an read. Councilman Pfohl moved eight Inch (8'1 sanitary sewer that the petition be referred to from the Catfish Creek Sewer the Mayor. Seconded hy Council- southerly to Kelly Lane then east man McCauley. Carried by the and west in Kelly Lane with the following vote: westerly end at the E.P.L. Fremont Yeas-Mayor Ludwig, Avenue and the easterly end at men McCanley, Pfohl, Lot 1-10, Block 1 of Henschel's Schultz. Highlands Subdivision, presented Nays-None. and read. RESOLUTION NO. 136-67 RESOLUTION Approving Plat of Lot 1 of Power's Place Councilman Pfohl moved that the proofs of publication be re- ceived and filed. Seconded by 1967 of Power's Dubuque, Special Session, May 22, CounciI- Pregler, 1967 tion be granted. Seconded by Councilman McCauley. Carried by the following vote: Yeas-Mayor Ludwig men McCauley, Pfohl Schultz. Nays-None. Petition of Andrew D. Karigan et al requesting street lights on Loras Blvd. between 1745 and 1795, presented and read. Coun- cilman Pfohl moved that the peti. tion be referred to the City Man- ager and Electrical Inspector for investigation and report. Second- ed by Mayor Lndwig. Carried by the following vote: Yeas-Mayor Ludwig, men McCauley, Pfohl, Schultz. Nays-None. Petition of Clifton Maas of 2463 Mineral Street requesting permis- sion to excavate in Mineral Street to run a new sewer line into his home, presented and read. Mayor Ludwig moved that the petition be granted subject to approval of the City Engineer. Seconded by Councilman Pregler. Carried by the following vote: Yeas-Mayor Ludwig, men McCauley, Pfohl Schultz. Nays-None. Council- Pregler, Petition of Leo J. Kringle reo questing vacation and possible purchase of a dead end area on Grove Terrace, north of ArIing~ ton Street, and is presently not open to the public, presented and read. Councilman Pregler moved that the petition be referred to the Planning & Zoning Commis. Seconded by Councilman Carried by the following Council. Pregler, Council Pregler Petition of Caradco Inc. request- ing vacation of one block of Wash- ington Street between 10th & 11th Streets to accomodate the grow- ing needs of truck traffic, pre- sented and read. Councilman pfohl moved that the petition be re- ferred to the Planning & Zoning Commission for investigation and report. Seconded by Councilman Pregler. Carried by the following vote: Yeas-Mayor Ludwig, men McCauley, Pfohl, Schultz. Nays-None. sion. Pfohl vote: CouncH Pregler 22, Session, May 258 in the manner required by law. Seconded by Councilman Pfohl Carried by the following vote: Yeas-Mayor Ludwig, Council. men McCauley, Pfohl, Pregler, Schultz. Nays-None. Petition of Dubuque Community School District requesting exten- sion of sanitary sewer facilities to the Table Mound Elementary school at 2211 Rockdale Road, presented and read. Councilman Pregler moved that the petition be referred to the Council and staff. Seconded by Councilman Pfohl. Carried by the folIowing vote: Yeas-Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schnltz. Nays-None. Petition of Peoples Natural Gas requesting permission to excavate on Clarke Drive near Clarke Col- lege, presented 'and read. Council- man Pfohl moved that the petition be granted. Seconded by Council. man McCauley. Carried by the following vote: Yeas-Mayor Ludwig, men McCauley, Pfohl, Schultz. Nays-None. Ludwig, Pfohl, Petition of Peoples Natural Gas requesting permission to excavate on Clarke Drive near Woodworth Street, presented and read. Coun- cilman Pfohl moved that the peti- tion be granted. Seconded by Councilman McCauley. Carried by the following vote: Yeas-Mayor Ludwig men McCauley, Pfohl Schultz. Nays-None. Petition of Conrad Plumbing & Heating Co. requesting permission to excavate in alley behind Shak- ey's Pizza Parlor at 4th & Locust St., presented and read. Council- man Pregler moved that the peti- Petition of Peoples Natural Gas requesting permission to excavate on University Ave. near N. Booth, presented and read. Councilman Pfohl moved that the petition be granted. Seconded by Councilman McCauley. Carried by the follow- ing vote: Yeas-Mayor men McCauley, Scbultz. Nays-None. Council- Pregler, Council. Pregler, Council Pregler Special 261 Cyril L. & Carol L. Hanten, Lot 3, Henschel's Highlands Sub- division Block 1 ............................................................................ 389.76 Cyril L. & Carol L. Hanten, Lot 3, Henschel's Highlands Sub- division Block 1 ............................................................................ 389.76 Cyril L. & Richard O. Hanten, Lot 4, Henschel's Highlands, Sub- division Block 1 ............................................................................ 389.76 Arthur B. & Virginia R. Alspach, Lot 5, Henschel's Highlands, Subdivision Block 1 .................................................................... 389.76 Arthur B. & Virginia R. Alspach, Lot 6, Henschel's Highlands, Subdivision Block 1 .................................................................... 388.90 Richard C. Henschel, Lot 7, Henschel's Highlands, Subdivision Block 1 ............................................................................................ 389.76 Gilbert D. & Marjorie T. ChaveneIle, Lot 1-8, Henschel's High- lands, Subdivision Block 1 ........................................................ 389.76 Gilbert D. & MarjOrie T. ChaveneIle, Lot 2-8, Henscbel's High- lands, Subdivision Block 1 ............................................................ 54.28 Gilbert D. & MarjOrie T. Chavenelle, Lot 9, Henschel's High. lands, Subdivision Block 1 ........................................................ 522.85 Donald & Theresa Roepsch, Lot 2-1, Mineral Lot 118 ...................... 950.63 Gerald P. & Ruth Aun E. Burger, Lot 1, Peterson Place ................ 1,130.54 James B. & Romelda Westmark, Lot 2-1.1-1-2, Mineral Lot 118.... 380.25 James B. & Romelda Westmark, Lot 2-2-1-1-2, Peterson Place.... 511.44 Henry & Mary Weber, Lot 2-1.2-1.1-2, Peterson Place .................... 511.44 Frederick & Beverly A. Tippe, Lot 1-1.2-1-1-2, Peterson Place.... 475.31 Donald J. & June M. Wagner, Lot 2-1.2, Peterson Place ........... 475.31 John P. & Goldena R. Pregler, Lot 1-1-1-2-2, Peterson Place.. 475.31 Donald G. Schuster, Lot 2-1-1.2-2, Peterson Place ................... 475.31 Robert R. Schuster, Lot 2-1-2.2, Peterson Place ........................ 475.31 Arnold A. & Elsie K. Beresford, Lot 1-2-2-2, Peterson Place .... 475.31 Carl J. & Lois Mary Feyen, Lot 2-2-2-2, Peterson Place ............ 475.31 John Duggan Trustee, Lot 1.1-2.1, Dnggan Farm ........................ 3,247.74 Margaret Birch, Lot 1-1-1-1, M. L. 116 & 117 ............................ 2,603.31 Margaret Birch, Lot 1, Mineral Lot 122 ..................."................... 3,624.28 Leo A. & Alice E. Booth, Lot 2.1-2-1, Duggan Farm ....... 855.57 May 22, 1967 Special Session, Council- Pregler, RESOLUTION NO. 137-67 SCHEDULE OF ASSESSMENT KELLY LANE SEWER RESOLVED by the City Council of the City of Dubuque, Iowa: That to pay for construction of an eight inch (8") sanitary sewer from the Catfish Creek southerly to Kelly Lane then east and west in Kelly Lane with the westerly end at the E.P.L. Fremont Avenue and the easterly end of Lot 1-10 Block 1 of Henschel's HighlandS Snb- division, by George A. Saffran Con- tractor, in front of and adjoining the same, a special tax is hereby levied on the several lots and parts of lots, and parcels of real estate all as named, situated and owned, and for the several amounts set opposite each lot or parcel of real estate, as set forth in the following schedule: ..$29,542.00 1,737.00 1967 be received and filed. Seconded by Councilman Pfohl. Carried by the following vote: Yeas-Mayor Ludwig, men McCauley, Pfohl, Schnltz. Nays-None. 22, Special Session, May Councilman Pregler. the following vote: Yeas-Mayor Ludwig, men McCauley, pfohl, Schultz. Nays-None. Statement of City Clerk certify- ing that notices of levy and as- sessment were mailed by certified mail on April 18, 1967, to prop- erty owners of record, who would be subject to pay for cost of constructing an 8" sanitary sewer in Kelly Lane, presented and read. Councilman Pregler moved that the statement be received and filed. Seconded by Councilman Pfohl. Carried by the following vote: Yeas-Mayor Ludwig, Council- men McCauley, PIohl, Pregler, Schultz. Nays-None. Statement of John Runde, a member of the Engineering De- partment, certifying that he posted notices of levy and assessment in the area where the Kelly Lane sewer was constructed on May 9, 1967, presented and read. Mayor Ludwig moved that the statement by Council- Pregler, Carried Construction Cost City Share 260 $31,947.61 to the special benefits con- 27,805.00 3,941.80 200.81 Engineering Cost 5% Interest 52 Days .jV assessed in proportion pose of paying the cost of an 8" sanitary sewer in Kelly Lane, pre. sented and read. CounCilman Pfohl moved that the proofs of publica- tion be received and filed. Second- ed by Councilman Pregler. Carried by the fOllowing vote: Yeas - Mayor Ludwig, men McCauley, Pfohl, Schultz. Nays - None. RESOLUTION NO. 138-67 Resolution providing for the is- suance of Sewer bonds for the pur- pOse of providing for the pay- ment of the assessed cost of con- structing an eight inch (8") San- itary Sewer from the Catfish Creek Sanitary Sewer southerly to Kelly Lane then east and west in Kelly Lane with the westerly end of the E.P.L. Fremont Avenue and the easterly end at Lot 1-10, Block 1 of Henschel's Highland Subdivi- sion. Council Pregler. adopted and approved day of May 1967. Ricbard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler Councilmen Attest: Leo F. Frommelt, City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Mayor LUdwig. Carried by the following vote: Yeas - Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays - None. Proofs of Publication, certified to by the Publishers, of notice of public hearing to authorize the is- suance of sewer bonds in the amount of $31,947.61 for the pur- is which of Passed, this 22nd AU ferred. ., J ...$31,947.61 319.27 475.31 475.31 475.31 475.31 475.31 475.31 522.85 404.02 404.02 408.77 408.77 408.77 475.31 430.59 438.62 432.58 451.55 831.80 831.80 688.07 737.88 454.12 Assessable Cost FOR KELLY LANE SANITARY SEWER Virgil L. & Dorotby P. Phillips, Lot 2-1-1, McLean Heights .....$ Virgil L. & Dorothy P. Phillips, Lot 2-2-2-2, McLean Heigbts ........ Martin C. & Esther H. Westerfield, Lot 1-2-2-2, McLean Heights James E. & Norma G. Jackson, Lot 1-2-2, McLean Heights ........ Ralph B. & Virginia Kramer, Lot 2.2.1-2, McLean Heights ........ Raymond C. & Dolores J. Ryan, Lot 1-2-1-2, McLean Heights ........ William G. & Christine M. Fullmer, Lot 2.1-1-2, McLean Heights Charles R. & Gloria M. Skemp, Lot 1, Skemp Subdivision ........ Charles R. & Gloria M. Skemp, Lot 2, Skemp Subdivision ............ Helen F. & Mildred Loibl, Lot 3, Skemp Snbdivision ................ Richard J. & Fannie M. Miller, Lot 2, Parkland Ridge Sub. Blk. 1 ................................................................................................ James C. Hynes, Lot 3, Parkland Ridge Sub. Blk. 1 .................... Gerald H. & Mary B. Haugen, Lot 4, Parkland Ridge Sub. Blk. 1 John Duggan Trustee, Lot 1, Parkland Ridge Sub. Blk. 2 ............ John Duggan Trustee, Lot 2, Parkland Ridge Sub. Blk. 2 ............ John Dnggan Trustee, Lot 3, Parkland Ridge Snh. Blk. 2 ............ Jobn Duggan Trustee, Lot 4, Parkland Ridge Snb. Blk. 2 ............ John Duggan Trustee, Lot 5, Parkland Ridge Sub. Blk. 2 ............ John E. & Susan L. Jackson, Lot 2.1-1-1, M. L. 116 & 117 ........ William T. & Lorraine B. Oster, Lot 2-1, M. L. 116 & 117 ............ Charles E. & Alice M. Reidi, Lot 1-2-1-1, M. L. 116 & 117 ............ Donald J. & Tbelma Weidenbacher, Lot 2-2-1-1, M. L. 116 & 117 Henry C. Arnold, Lot 1, Henschel's Highlands, Subdivision Blk. 1 Total 263 in the manner provided by law, the proceeds of said sale to be placed in a special fund to be known as Special Assessment Fund Number 1264 and paid out by him to pay the cost of said contract. 8. That the interest coupons at- tached to the bonds be signed with the facsimile signature of the May- Or and countersigned with the fac- simile signature of the City Clerk. 9. That as fast as funds allow, beginning with the second year after the payment of interest due, the City Treasurer is directed to call these bonds in the same order as numbered. 10. Notice of election to call these bonds shall be given by regular United States Mail; and addressed to the last known ad- dress of the purchaser. Passed, adopted and approved this 22nd day of May, 1967. Richard Lndwig Mayor M. Sylvester McCanley Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler Councilmen Attest: Leo F. Frommelt, City Clerk Mayor Ludwig moved adoption of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Ludwig, men McCauley, Pfohl, Schultz. Nays-None. Council Pregler Special Session, May 22, 1967 Avenue and the easterly end at Lot 1-10, Block 1 of Henschel's Highland Subdivision as described in said Resolution, in said City, which cost is payable by the abut- ting and adjacent property along said improvements and is made by law a lien on all of said property. It is payable only out of the Spec- ial Assessment Fund Number 1264 created by the collection of said special tax, and said fund can be used for no other purpose. It is hereby certified and re- cited that all the acts, conditions and things required to be done, precedent to and in issuing this series of bonds, have been done, happened, and performed, in regu- lar and due form, as required by law and said Resolution, and for the assessment, collection and pay- ment hereon of said special tax, the full faith and diligence of said City of DUbuque are hereby ir- revocably pledged. IN TESTIMONY WHEREOF the City of Dubuque by its Council has caused this bond to be signed by its Mayor and countersigned by its City Clerk and the Seal of said City to be tbereto affixed, this 22nd day of June, 1967. (SEAL) ayor ................ ty Clerk RESOLUTION NO. 139-67 WHEREAS, For years it has been apparent that Iowa's towns and cities of all sizes have been fighting a losing battle to main- tain their street programs despite the fact that the average city tax- payer has paid the equivalent of more than 19 mills for street pur- poses; and WHEREAS, It has been recog- nized by all professional and legis- lative road studies since 1961 that the urban share of the state road use tax should be at least 15 per cent, instead of the 13 per cent the towns and cities are current- ly receiving, and WHEREAS, A bill, Senate File 696, has been introduced to give the cities this modest increase to "The Fair Fifteen" percent, and (Form of Coupon) On the ............ day of ...... the City of Dubuque, Iowa, prom- ises to pay to the bearer, as pro- vided in said bond, the sum of ............................Dollars, in the of- fice of the City Treasurer in the City of DUbuque, being ................ months' interest due that date on its. .......... ............ .........Bond No. dated ........................................................ City Clerk 6. That the Mayor and City Clerk be and they are hereby instructed to cause said bonds to be prepared and when so prepared to execute said bonds and that the City Clerk be and he is hereby instructed to register said bonds in a book kept for that purpose and to then de- liver them to the City Treasurer. 7. That the City Treasurer is hereby instructed to sell said bonds ....... ayor Special Session, May 22, 1967 Series No.7, 860 $500.00, April 1, 1974 Series No.8, 866 $500.00, April 1, 1975 Series No.9, 872 $500.00, April 1, 1976 Series No. 10, 878 $500.00, April 1, 1977 Series No. 10, 884, April 1, 1977. 3. Said bonds shall bear interest at the rate of 5 per cent per an- num, payable semi-annually in ac. cordance with coupons thereto at tached: 4. Said bonds shall not make the City of Dubuque liable in any way, except for the application of said special assessment funds. 5. Said bonds shall provide that they may be payable at any time prior to the maturity date stated therein at the option of the City of Dubuque and shall be in substan- tially the fallowing form: No. Series No. CITY OF DUBUQUE Sewer Bond The City of Dubuque in the State of Iowa promises to pay as hereinafter mentioned to the bearer hereof on the first day of April 1968 or any time before that date at the option of the City of Dubuque the sum of Five Hundred dollars with interest thereon at the rate of 5 per cent per annum, payable semi-annually, on the pre- sentation and surrender of the interest coupons hereto attached. Both principal and interest of this bond are payable at the office of the City Treasurer in the City of Dubuque, in the State of Iowa. This bond is issued by the City of Dubuque under and by virtue of Chapter 396 of the 1962 Code of Iowa, as amended, and the Reso- lution of said City duly passed on the 22nd day of May, 1967, being Resolntion No. 138-67. This Bond is one of a series of 64 bonds, 63 for $500.00 numbered from 821 thrn 883, and one for $447.61 nnmbered 884, all of like tenor and date, and issued for the purpose of constructing an eight inch (8") Sanitary Sewer from the Catfish Creek Sanitary Sewer southerly to Kelly Lane then east and west in Kelly Lane with the westerly end at the E.P.L. Fremont 865, 877, $447.61, 2. Snch bonds shall be called Sewer bonds; and shall bear the date of June 22, 1967; and shall be numbered consecutively; and they shall be numbered, divided into series, and be in such denom- inations and for such maturity dates as are shown in the fol- lowing table: 847, 853, 859, -- /.i<-"'- 871, 883, tbrn thrn thru thrn VVhereas the contract heretofore entered into by the City of DU- buque, Iowa, for the Sewer here- inafter described has been com- pleted and the City Manager has certified the completion thereof to the City Council and the City Council has ascertained the cost thereof and has determined that $31,947.61 Dollars of the cost there- of shall be assessed against the property subject to assessment therefor; and Whereas public notice, as pro~ vided by law, has been pnblished by the City Clerk stating the inten- tion of the City Council to issue bonds for the purpose of provid- ing for the payment of the assessed cost of said improvement and a public hearing has been held, pur- suant to such notice and all objec- tions made thereto have been con- sidered and determined; NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dnbuque: 1. That to provide for the pay- ment of the assessed cost of con- strncting an eight inch (8") San- itary Sewer from the Catfish Creek Sanitary Sewer southerly to Kel- ly Lane then east and west in Kelly Lane with the westerly end at the E.P.L. Fremont Avenue and the easterly end at Lot 1-10, Block 1 of Henschel's Highland Subdivi- sion, there shall be issued Sewer bonds in the amount of $31,947.61 Dollars in anticipation of the defer- red payment of assessments levied for such improvement. 262 827, 834, 841, thrn thru thru thrn thru thrn Series No.1, 821 $500.00, April 1, 1968 Series No.2, 828 $500.00, April 1, 1969 Series No.3, 835 $500.00, April 1, 1970 Series No.4, 842 $500.00, April 1, 1971 Series No.5, 848 $500.00, April 1, 1972 Series No.6, 854 $500.00, April 1, 1973 y" 265 Mayor LUdwig moved that the City employ extra legal advice as the result of the declaratory judg- ment on Urban Renewal. Seconded by Councilman McCauley. Carried by the fOllowing vote: Yeas - Mayor LUdwig, Council- men McCauley, Pregler. Nays - Councilmen Pfohl, Schultz. There being no further business Councilman Pregler moved to ad. journ. Seconded by Councilman Pfohl. Carried by the following vote: Yeas - Mayor men McCauley, Schultz. Nays - None. Leo Council. Pregler, 967. ...........................1967. 1967 ......................................... Councilmen City Clerk F. Frommelt, City Clerk Ludwig, Pfobl, 22, Approved Adopted Session, May Attest: RESOLUTION NO. 142-67 WHEREAS, applications for Beer Permits were filed by the within named applicants and they have received the approval of this Coun- cil; and WHEREAS, the premises to be occupied by such applications were inspected and found to comply with the ordinances of this City and they have filed proper bonds: NOW THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dnbuque, Iowa, that the Manager be and he is hereby di- rected to issue to the following named applicants a Beer Permit. CLASS "B" BEER PERMIT PRIVATE CLUB Knights of Columbus, 781 Street Locust CLASS "B" BEER PERMIT John J. Glynn, 655 Central Avenue Paul W. Schollmeyer, 176 Locust Street BE IT FURTHER RESOLVED that tbe bonds filed by such appli- cants be and the same are hereby approved. Passed, adopted and approved this 22nd day of May, 1967. Richard Ludwig Mayor M. Sylvester McCaUley Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler Councilmen Attest: Leo F. Frommelt, City Clerk Mayor Ludwig moved adoption of the resolution. Seconded by Councilman Pfohl. Carried by the following vote: Yeas - Mayor men McCauley, Schnltz. Nays - None. Council Pregler Special Ludwig, Pfohl, 1967 BE IT FURTHER RESOLVED that the bonds filed with the appli- cation be approved. Passed, adopted and approved this 22nd day of May, 1967. Richard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler Councilmen Attest: Leo F. Frommelt, City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman McCauley. Carried by the following vote: Yeas - Mayor Ludwig, Council~ men McCauley, Pfohl, Pregler, Schultz. Nays-None. RESOLUTION NO. 141-67 WHEREAS, applications for Beer Permits have been submitted to this Council for approval and the same have been examined: NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the following applica- tions be granted and licenses be issued upon the compliance with the terms of the ordinances of the City. CLASS "B" BEER PERMIT PRIVATE CLUB Knights of Columbus, 781 Locust Street CLASS "B" BEER PERMIT John J. Glynn, 655 Central Avenue Paul W. Schollmeyer, 176 Locust Street Passed, adopted and approved this 22nd day of May, 1967. Richard Ludwig Mayor M. Sylvester McCauley Merlin F. Schnltz Eldon A. Pfohl Walter A. Pregler Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Schultz. Carried by the following vote: Yeas - Mayor Ludwig, Council- men McCauley, Pfohl Pregler, Schultz. Nays - None. Session, May 22, RESOLUTION NO. 140-67 BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the following having complied with the provisions of law relating to the sale of Cigar- ettes within the City of Dubuque, Iowa, be granted a permit to sell Cigarettes and Cigarette Papers within said City. Frank & Darlene Central Avenue & Council- Pregler, 264 WHEREAS, Figuring a 4102 per cent growth factor in the road use tax fund, every single county in the state will show a dollar and cent increase in 1968 over the cur- rent allotment, despite the change in formula; and WHEREAS, The average town taxpayer who pays in the over- whelming bulk of the road user taxes, receives a refund of $9.21 per capita from the road use tax fund while the rural resident re- ceives $62.91; and WHEREAS, This ratio of distri- bution of the road use tax funds is grossly inequitable and pre- judicial to the progress and eco~ nomic growth of Iowa; NOW, THEREFORE, BE IT RE. SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA That the 62nd General Assembly be urged to enact Senate File 696, providing for a "Fair Fifteen" per cent share of the state road money for cities and towns. BE IT FURTHER RESOLVED that the (secretary, clerk) be and he is. hereby directed to forward a copy of this Resolution to State Senator(s) Andrew Frommelt, John Walsh and Representative(s) John Dnffy and Alfred Breitbach with the request that their full support be given to Senate File 696. Richard Ludwig, Mayor Adopted May 22, 1967 Approved May 22, 1967 Attest: Leo F. Frommelt, City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Schultz. Carried by the following vote: Yeas - Mayor men McCauley, Schultz. Nays - None. Kelly, Loras Special Ludwig, Pfohl