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1967 July Council Proceedings , I 325 Mayor Ludwig moved adoption of the resolution and directed that a copy of the resolution be sent to Mrs. Joseph Ragatz as leader of the girl scout troop. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Ludwig, men McCauley, Pfohl, Schultz. Nays-None. RESOLUTION NO. 197-67 WHEREAS, the City Council of City of Dubuque, Iowa, has invited contestants to design an official flag for the City of Dubuque, Iowa; and WHEREAS, the City Council has examined the various designs sub- mitted and has determined that the recommendation of the judges be approved and that the design of said flag submitted by Mrs. Alois Frommelt of Dubuque, Iowa be accepted as the design of the official flag of the City of Dubuque, Iowa. NOW THEREFORE Be It Re- solved by the City Council of the City of Dubuque, Iowa; Section 1. That the design of the flag for the City of Dubuque, Iowa, prepared by Mrs. Alois Frommelt of 1010 Dunn Court, Dubuque, Iowa, a facsimile design of which is hereto attached be and the same is hereby designated as the design for the official flag of the City of Dubuque, Iowa. Passed, adopted and approved this 3rd day of July, AD., 1967. Richard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A Pfohl Walter A Pregler Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Schultz. Carried by the following vote: Yeas - Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. Nays-None. John A. Jenkins of 590 Maple- wood Court, in the category of grades 0-8, was presented a $25.00 U.S. Savings Bond, as a winner for Council Pregler 1967 Session, July 3, Regular Session, July 3, 1967. Council met at 7:30 P.M. (D.S.T.) Present-Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. City Manager Gilbert D. Chav. enelle. Mayor Ludwig read the call and stated that service thereof had been duly made and this is the regular monthly meeting of the City Council called for the purpose of acting upon such business as may properly come before the meeting. CITY COUNCIL OFFICIAL RESOLUTION NO. 196-67 WHEREAS, Girl Scout Troop #54 has spent and devoted con- siderable time in the creation of interest for the design and adop- tion of an official flag for the City of Dubuque, Iowa; and WHEREAS, the members of Girl Scout Troop #54 and the lead- ers thereof should receive public recognition for their public spir- ited service in this connection. NOW THEREFORE Be It Re- solved by the City Council of the City of Dubuque, Iowa: Section 1. That the members of Girl Scout Troop #54 and the lead- ers thereof be and they are here- by publicly lauded and compli- mented for their untiring efforts in the creation of public interest of the design for adoption of such de- sign for and as the official flag of the City of Dubuque, Iowa. Section 2. That the citizens of this community by and through the City Council of City of Dubuque, Iowa, publicly acknowledge and ex- press to the girls and leaders of Girl Scout Troop #54 their deep- est gratitude for their untiring ef- forts in serving this community. Passed, adopted and approved this 3rd day of July, AD., 1967. Richard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler Councilmen Regular Attest: Leo F. Frommelt City Clerk 327 June 30, 1967 Mayor July 3, 1967 Regular Session, I am returning to you the peti- tion for street lights on Julien Dubuque Drive. The area has been investigated and it is recommended that one 175 watt mercury vapor light be installed on Julien Dubuque Drive, between Murphy Park and South Grandview Avenue, at approxi- mately 2 Julien Dubuque Drive. Respectfully requested, Gilbert D. Chavenelle, City Manager Councilman Schultz moved that the recommendation of the City Manager be approved. Seconded by Councilman McCauley. Carried by the following vote: Yeas - Mayor Ludwig, men McCauley, Pfohl, Schultz. Nays-None. To the Honorable and City Council Gentlemen: Council Pregler 1967 3, July Mayor I 442.00 22,976.49 6,844.63 To the Honorable and City Council Gentlemen: It is my understanding that the Disaster Aid Bill (Senate File 796 as amended) has been enacted into law or will be so enacted within the next few days. By this law the City will be per- mitted to borrow from the State an interest free loan, to be repaid by a one mill levy against the tax- able value of the City. Although no instructions or form of agreement have as yet been received from the State, I request that the Mayor be given authority to make application to the State for a non-interest disaster loan. I request that the application be ifor a luan in the amount of $387,000.00. To date the following commit- ments have been made covering the expenses of the 1967 flood: Warrants issued for Ma- terial, Equipment and Services ............................$345,979.86 Outsanding Invoices for Material, Equipment & Services ............................ Overtime Wages Paid City Employees .............. Straight Time Wages, Engineering June 26, To the Honorable Mayor and City Council Gentlemen: I submit to you the petition of Stanley Hahn for a permit without fee to sell potatoes within the cor- porate limits. In the past this permit has been granted and I recommend that it be renewed for the period ending December 31st, 1967. Respectfully submitted, Gilbert D. Chavenelle City Manager Councilman Pfohl moved approv- al of the recommendation. Second- ed by Mayor Ludwig. Carried by the following vote: Yeas - Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. Nays-None. June 29, To the Honorable Mayor and City Council Gentlemen: The Dubuque Industrial Bureau has located the Marill Chemical Company on property adjoining the St. Regis Company, Container Di- vision, on Kerper Boulevard in Du- buque, Iowa. In order to provide track service to the Marill Company and also to the Industrial Bureau's property adjoining the Marill Company property, it is necessary that the track cross the extreme northeast- erly corner of the St. Regis prop- erty as shown on the accompany- ing prints. A form of easement has been prepared describing the strip of land required for the track and is enclosed. The St. Regis Company has agreed to deed this easement to the City of Dubuque across their property. I, therefore, request your honor- able body to grant the Mayor and the City Clerk authority to sign said easement. Respectfully submitted, Gilbert D. Chavenelle, City Manager Councilman Pregler moved that the Manager's request be granted. Seconded by Councilman McCau- ley. Carried by the following vote: Yeas - Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays-None. 1967 1967 July 3, Session, Regular 326 Yeas - Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. Nays-None. June 27, 1967 Mayor des- Zane Laugesen of 535 Southern Ave., in the category of grades 9- 12, was presented a $25.00 U. S. Savings Bond, as a winner for his entry in the flag contest, desig- nated Award #2. contest, his entry in the flag ignated Award # 1. 1967 To the Honorable and City Council Gentlemen herewith submit the report of City Health Department for month of May 1967. Respectfully, Gilbert D. Chavenelle City Manager Councilman Pregler moved that the report be received and filed. Seconded by Councilman Schultz. Carried by the following vote: Yeas - Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. Nays-None. June 20, 1967 Mayor I the the To the Honorable and City Council Gentlemen: Mrs. Alois Frommelt of 1010 Dunn Court, in the category of out of school or other, was presented a $50.00 U. S. Savings Bond, as a winner for her entry in the flag contest, designated Award #3. The bonds were gifts of Radio Stations K.D.T.H., W.D.B.Q., and the Tele- graph-Herald Newspaper. Communication of Joseph Zillig et ux withdrawing their objection against the re-surfacing of the al. ley between Lowell Street and Na- pier Street, after being assured that crushed rock would be used and seal coated, presented and read. Councilman Pregler moved that the communication be received and filed. Seconded by Councilman Schultz. Carried by the following vote: I herewith submit the reports of the City Treasurer, City Water Department and City Auditor, as well as a list of claims and pay- rolls for which warrants were is- sued for the month of May 1967. is the April the Health De- Respectfully, Gilbert D. Chavenelle City Manager Mayor Ludwig moved that the reports be received and filed. Sec- onded by Councilman Pregler. Car- ried by the following vote: Yeas - Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. Nays-None. Proof of publication, certified to by the Publisher, of statement of receipts and a list of claims for which warrants were issued during the month of May 1967, presented and read. Councilman Pfohl moved that the proof of publication be received and filed. Seconded by Councilman Schultz. Carried by the following vote: Ludwig, Coun- Pfohl, Pregler, - Mayor McCauley, Also submitted monthly report of partment. Yeas cilmen Schultz. Nays-None Ludwig, Coun- Pfohl, Pregler, Communication of A. J. Rooney, as Secretary of the Brotherhood of Railroad Trainmen objecting to the growth of cottonwood trees on In- dustrial Park property, between Thermolyne and the Fengler Street overpass, causing a visibility prob- lem during switching operations presented and read. Councilman Pregler moved that the communi- cation be referred to the Manager for investigation and execution. Seconded by Councilman Pfohl. Carried by the following vote: _ Mayor Ludwig, Coun- McCauley, Pfohl, Pregler, Communication of N a t ion a I League of Cities extending an in- vitation to city officials to attend the 44th annual congress of cities to be held in Boston from July 29 to August 2, 1967, presented and read. Councilman Pfohl moved that the communication be re- ceived and filed. Seconded by Ma- yor Ludwig. Carried by the fol- lowing vote: Yeas - Mayor cilmen McCauley, Schultz. Nays-None. Yeas cilmen Schultz. Nays-None 329 t June 28, 1967 Honorable Mayor and Council Gentlemen; The City Planning and Zoning Commission has held a public hear- ing on a proposal to reclassify cer- tain properties lying on the west side of Kennedy Road between Pennsylvania Avenue and Asbury Road. A copy of the legal descrip- tion of the property and the zon- ing proposals as published in the Telegraph-Herald on June 6, 1967 is attached. It is the opinion of the Commis- sion that because of existing devel- opment in the area and because of the existing street pattern that the proposal as submitted is in the best interest of the community and the individual property owners that are effected. It is the recommendation of the Commission that the proposal as published in the Telegraph-Herald be approved. Respectfully submitted, Don Gilson Director of Planning Mayor Ludwig moved approval of the recommendation and same should be referred to the City So- licitor for proper proceedings. Sec- onded by Councilman Schultz. Car- ried by the following vote: Yeas - Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. Nays-None. Regular Session, July 3, 1967 receipt of a duly for delivery upon executed release. Original claim is returned here- with. June 28, 1967 Honorable Mayor and Council Gentlemen: The City Planning and Zoning Commission has reviewed a request for vacation of that portion, of Washington Street lying between 10th and 11th streets. The Commission has found that this portion of Washington Street serves very little purpose as a vehicular right of way and that future plans for this area indicate that there will be no increased use of this portion of Washington Street. The Commission has also found that there is an existing sanitary sewer, storm sewer, water main, and a natural gas line located in the right of way. It is the recommendation of the City Planning and Zoning Commis- sion that the portion of Washington Street between 10th and 11th Streets be vacated provided that RespectfUlly submitted, R. N. Russo City Attorney Councilman Pfohl moved that the recommendation of the City Attorney be approved. Seconded by Councilman Schultz. Carried by the following vote: Yeas - Mayor cilmen McCauley, Schultz. Nays-None. Ludwig, Coun- Pfohl, Pregler, June 26, Hon. Mayor & City Council Gentlemen: This is to advise that the City of Dubuque and the Dubuque Boat Club have negotiated for the City to acquire an easement in and to the property of the Dubuque Boat Club for the purpose of erecting, installing and maintaining a flood wall levee and as part of the agreed consideration, it was agreed that the City give the Dubuque Boat Club a Letter of Intent to provide in effect that subject to the easement for the flood wall and road that upon construction of said flood wall the City of Dubuque would vacate Front Street and grant unto the Dubuque Boat Club the fee thereto as abutts the prop- erty of the Dubuque Boat Club subject however, that the use of the granted fee be such as to pro- vide for proper drainage and the use thereof be first approved by City of Dubuque, Iowa and the United States Army Corps of En- gineers. It is respectfully requested that the City Council approve this Let- ter of Intent and that at such time as is appropriate that the City of Dubuque will perform its part as hereinabove outlined. Respectfully submitted, Gilbert D. Chavenelle City Manager Councilman McCauley moved that the request of the City Man- ager be approved and made a mat- ter of record. Seconded by Coun- cilman Pfohl. Carried by the fol. lowing vote: Yeas - Mayor cilmen McCauley, Schultz. Nays-None. 1967 Ludwig, Coun- Pfohl, Pregler, June 23, Honorable Mayor and City Council Gentlemen: On April 22, 1966, Mrs. Grace Ryan, 2178lh Central Avenue, Du- buque, Iowa, filed claim against the City of Dubuque in an unspecified amount claiming damages as the result of a fall on 22nd Street be- tween Washington and Jackson, claiming a defective condition on the public walk causing a fall re- sulting in her fracturing her arm which resulted in her being off from work from March 29 to May 23, 1966, and incurring in addition thereto hospital and doctor bills. I have conferred with Mrs. Ryan who has made an offer of settle- ment in the amount of $400.00 and it is the recommendation of the City Attorney that said offer of settlement be accepted and the City Auditor be instructed to draw a warrant payable to Mrs. Grace Ryan and transit same to the City Attorney for delivery to claimant upon receipt of a duly executed release. Original claim and supplement is attached hereto. Respectfully submitted, R. N. Russo, City Attorney Councilman Schultz moved that the recommendation of the City Attorney be approved. Seconded by Councilman McCauley. Carried by the following vote: Yeas - Mayor Ludwig, men McCauley, Pfohl, Schultz. Nays-None. Hon. Mayor Gentlemen: On the 3rd day of September, 1965, Edward J. Stanley filed claim against the City of Dubuque, Iowa, claiming damages to his property as the result of backup of sewer in his basement, on August 27, 1965. I have made an investigation of this matter and have conferred with the claimant who has made an offer of settlement in the amount of $100.00 and it is the recommendation of the City Attor- ney that said offer of settlement be accepted and that the City Au- ditor be instructed to draw a war- rant payable to Edward J. Stanley in the amount of $100.00 and trans- mit the same to the City Attorney 1967 1967 Session, July 3, 7,265.10 2,728.07 Council Pregler 1967 Regular Estimate of Expense not yet Invoiced .................... Estimate of Bank Inter- est Charges June 30, & City Council ........... ............. .$386,236.15 Respectfully requested, Gilbert D. Chavenelle, City Manager Council- Pregler, I request authority to proceed with design and specifications for the sewer plant and sewer trunk lines proposed in the Preliminary Design and Study Report submitted by Henningson, Durham and Rich- ardson and Cullen-Schiltz and As- sociates. If you grant this request I will make arrangements for the work to be done by the consultants ac- cording to Part n and Part III of the agreement between the City and Henningson, Durham and Rich- ardson dated April 11, 1966. Respectfully requested, Gilbert D. Chavenelle, City Manager Councilman McCauley moved that the City Manager be given authority to proceed. Seconded by Councilman Pfohl. Carried by the following vote: Yeas - Mayor men McCauley, Schultz. Nays-None. 328 1967 Councilman Pregler moved that the recommendation of the Manag- er be approved. Seconded by Coun- cilman Schultz. Carried by the fol- lowing vote: Yeas - Mayor men McCauley, Schultz. Nays-None. Council- Pregler, Councilman Pregler moved that a resolution of appreciation be sent to Park Rinard as Executive Direct- or of the League of Iowa Munici- palities for the effort expended in promoting the State non-interest disaster loan legislation. Seconded by Mayor Ludwig. Carried by the following vote: Yeas - Mayor Ludwig, men McCauley, Pfohl Schultz. Nays-None. Council Pregler July 3, Mayor Ludwig, Pfohl, Ludwig, Pfohl, To the Honorable and City Council Gentlemen: Total 331 file a certified copy of this Reso- lution in the office of the Dubuque County Recorder and in the office of the City Assessor. Passed, adopted and approved this 3rd day of JUly, A.D., 1967. Richard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler Councilmen Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman McCauley. Carried by the following vote: Yeas - Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. Nays-None. Notice of claim of Sharon M. Hit- tenmiller of 590 Angella Street, in the amount of $30.79 for personal injuries received in a fall in the crosswalk at 8th & Main Street on May 26, 1967, presented and read. Councilman Pregler moved that the notice of claim be referred to the City Solicitor for investigation and report. Seconded by Councilman Pfohl. Carried by the fOllowing vote: Yeas - Mayor cilmen McCauley, Schultz. Nays-None. Notice of Suit of D. B. & Ruth Cassat, in the amount of $756.95 for car repairs and $7,531.90. for personal injUries received as the result of striking a median strip at or near 1600 Locust Street, pre- sented and read. Councilman Preg- ler moved that the notice of suit be referred to the City Solicitor for investgiation and report. Sec- onded by Councilman Pfohl. Car- ried by the following vote: Yeas - Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. Nays-None. Petition of CountY-City of Du- buque Authority requesting reser- vation of one city block in the re- cently approved urban renewal plan, presented and read. Council- man Pfohl moved that the petition be received and filed. Seconded by Regular Session, July 3, 1967 Attest: Leo F. Frommelt City Clerk Ludwig, Coun- Pfohl, Pregler, RESOLUTION NO. 198.67 Resolution Annexing Certain Territory to the City of Dubuque, Iowa WHEREAS, lllinois Central Rail- road Company is the owner of the following described territory ad- joining the City of Dubuque, Iowa, which real estate is described as follows: Beginning at the North West Cor. ner of Section 6, Township 88 North, Range 3 East of the 5th Principal Meridian, thence East 934.8 feet; thence South 1087.95 feet; thence South 84025' West, 937.2 feet; thence North 1103.9 feet to the point of beginning and containing 17.432 acres; and WHEREAS, said owner of the hereinabove described territory has made written application to the City Council of Dubuque, Iowa, to annex the hereinabove described territory; and WHEREAS, said territory is be- ing built up and the inhabitants thereof will be enabled to secure the benefits of City Government by way of police and fire protection, and in addition to other benefits. if said territory is incorporated within the City Limits of the City of Dubuque, Iowa; and WHEREAS, Section 362.30 of the 1966 Code of Iowa, authorizes the extension of City Limits in situa- tions of this character by the adop- tion of Resolution therefor. NOW THEREFORE Be It Re- solved by the City Council of the City of Dubuque, Iowa: Section 1. That the territorial limits of the City of Dubuque, Iowa, be and they are hereby ex- tended by annexing to the City of Dubuque, Iowa, the following de- scribed territory: Beginning at the North West Corner of Section 6, Township 88 North, Range 3 East of the 5th PrinCipal Meridian, thence East 934.8 feet; thence South 1087.95 feet; thence South 84025' West, 937.2 feet; thence North 1103.9 feet to the point of begin- ning and containing 17.432 acres. Section 2. That the City Clerk be and he is hereby directed to Yeas - Mayor cilmen, McCauley, Schultz. Nays-None. 1967 veloped for the uses permitted in the Local Business "A" District. It is the recommendation of the Commission that the property de- scribed above be reclassified from Multiple Residence to Local Busi- ness "A." Respectfully submitted, Don Gilson, Director of Planning Councilman Pfohl moved that the recommendation of the Com- mission be approved and referred to the City Solicitor for proper proceedings. Seconded by Council- man McCauley. Carried by the fol- lowing vote: Yeas - Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. Nays-None. I Ludwig, Coun- Pfohl, Pregler, June 30, 1967 Honorable Mayor and Council Gentlemen: The City Planning and Zoning Commission has reviewed a request made by the illinois Central Rail- road Company to voluntarily annex property adjoining the city of Du- buque on the south and lying on both the north and south sides of Julien DUbuque Road. The prop- erty is described as: Beginning at the North West Corner of Section 6, Township 88 North, Range 3 East of the 5th Principal Meridian, thence East 934.8 feet; thence South 1087.95 feet; thence South 84025' West, 937.2 feet; thence North 1103.9 feet to the point of be- ginning and containing 17.432 acres. The Commission has found that city sanitary sewer and water fa- cilities have been extended to this property, and that fire and police protection can be provided upon annexation. It is the recommenda- tion of the Commission that this petition for annexation be ap- proved. The Commission has scheduled a public hearing on the zoning of this property for July 27, 1967. Respectfully submitted, Don Gilson, Director of Planning Councilman Pfohl moved that the communication be received and filed. Seconded by Councilman Pregler. Carried by the following vote: 1967 Honorable Gentlemen: The City Planning and Zoning Commission has held a public hear- ing on a proposal to reclassify property lying on the south side of University Avenue between Del- hi Street and Booth Street from Multiple Residence to Local Busi- ness "A" The property is de- scribed as Lots 1 through 6, Block 5 of Summit Addition, Lots 1 of 2 and 2 of 2 of Cleminson's Subdi- vision, and Lot 57 through 61, Block 7 of S. M. Langworthy's Addition. A petition in favor of the pro- posal was on file bearing eight sig- natures of persons owning prop- erty in and adjoining the area pro- posed to be reclassified. Noone appeared at the public hearing to speak either in favor of or in op- position to the proposal. Two applications for rezoning of property located in this area were on file. One asked that the prop- erty at 1306 Delhi Street be re- classified from Multiple Residence to Local Business "A". The second request asked that property located at 1158, 1160, 1174, 1176, and 1190 University Avenue be reclassified from Multiple Residence to Local Business "B." It was the opinion of the Commission that the in- creased traffic that might be creat- ed by certain uses permitted in the Local Business "B" would not be desirable for this area. It was fur- ther the opinion of the Commission that the property described in the proposal could be appropriately de- Regular Session, July 3, Planning Councilman McCauley moved that the recommendation of the Planning & Zoning Commission be approved and referred to the City Attorney for proper proceedings. Seconded by Councilman Schultz. Carried by the following vote: Yeas - Mayor Ludwig, Council men McCauley, Pfohl, Pregler Schultz. Nays-None. utility easements satisfactory to the City Engineering Department, City Water Department, and the Natural Gas Company are obtained. Respectfully submitted, Don Gilson, Director of 330 June 28, Mayor and Council I I':: 1 1.1'1 IIJ 1 I~ ,I!~I I~ ,I.j I{ Ii II' I~j :111 ~~ i" ill 333 That the structure known as 280 Main Street and located on the South 22' of City Lot 8 in the City of Dubuque, Dubuque County, Iowa, be and the same are hereby found and declared to be danger- ous to life, health and property and same is deemed to be a nuis- ance; Section 2. That the City Manager be and he is hereby authorized and directed to cause the structure known as 280 Main Street and lo- cated on the South 22' of City Lot 8 in the City of Dubuque, Dubuque County, Iowa, to be dismantled and removed. Section 3. That upon completion of said work the City Manager shall certify the cost thereof to the City Clerk. Section 4. That upon receipt of said certificate of cost from the City Manager, the City Clerk shall thereupon certify said cost to the County Auditor of Dubuque Coun- ty, Iowa and it shall be collected with and in the same manner as general property taxes. Section 5. That the City Clerk be and he is hereby directed to record a certified copy of this Resolution in the office of the County Recorder of Dubuque County, Iowa. Passed, adopted and approved this 3rd day of July, 1967. Richard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler Councilmen Attest: Leo F. Frommelt, City Clerk Councilman McCauley moved ad- option . subject to delay of thirty days to give Mr. Wong a chance to come into compliance. Seconded by Mayor Ludwig. Carried by the following vote: Yeas - Mayor Ludwig,Council- men McCauley, Pfohl, Pregler, Schultz. Nays-None. Proof of Publication, certified to by the Publisher, of notice of Pendency of resolution of necessity for public improvements and hear- ing upon proposed plans and spec- ifications, form of contract and cost of improvements for construc- tion of a twelve inch (12") sanitary RESOLUTION NO. 199.67 Whereas the City Manager has reported to the City Council that the building and premises located on the South 22' of City Lot 8 owned by L. Ming Wong and Mari- lyn Wong and known as 280 Main Street in the City of Dubuque, Dubuque County, Iowa is danger- ous to life and health because of its condition and that demand has been made by him upon L. Ming Wong and Marilyn Wong, as own- ers of said property, that the con- ditions complained of, be corrected and that said owner has failed to correct the conditions within the time provided by the notice: And, Whereas on June 5, 1967, the City Council set the report down for hearing at 7:30 o'clock p.m. Central Daylight Time July 3, 1967, in the City Council Chamber, in the City Hall, in the City of Du- buque, Dubuque County, Iowa, and directed the City Clerk to give notice of said hearing; And, Whereas it appears by return of service now on file in the records of the City Council that notice of said hearing was given by serving by registered mail L. Ming Wong and Marilyn Wong personally on June 8, 1967, and by publication in the Telegraph Herald Newspa- per on June 9, 1967; And, Whereas pursuant to said notice on order of the City Council pub- lic hearing was held at 7:30 o'clock p.m. Central Daylight Time on July 3, 1967, in the City Council Chamb- ers, in the City Hall, in the City of Dubuque, Iowa, at which time the owners of the above described real estate, was afforded an oppor- tunity to be heard and witnesses concerning the condition of the property and the hazard were heard; And, Whereas the Council has duly considered the testimony of Wit- nesses and viewed the premises and has reached its determination; Now, therefore, be it resolved by the City Council of the City of Dubuque: Session, July 3, 1967 the hope from Mr. Regular ted to Mr. Wong all in of receiving cooperation Wong, but to no avail. Yeas - Mayor cilmen McCauley, Schultz. Nays-None. Proof of Publication, certified to by the Publisher of notice of pub- lic hearing to consider City Man- ager's report on the condition of the buildings owned by L. Ming and Marilyn Wong, located at 280 Main Street, presented and read. Mayor Ludwig moved that the proof of publication be received and filed. Seconded by Councilman Pregler. Carried by the fOllowing vote: Yeas - Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. Nays-None. Statement of City Clerk, certify- ing that official notice of public hearing was mailed by certified mail to L. Ming Wong and Mari- lyn Wong at 280 Main Street on Thursday June 8, 1967, presented and read. Councilman Pregler moved that the statement be re- ceived and filed. Seconded by Councilman Pfohl. Carried by the following vote: Yeas - Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. Nays-None. Mayor Ludwig moved that the rules be suspended to allow any- one present address the Council if they so desire. Seconded by Coun- cilman Pfohl. Carried by the fol- lowing vote: Yeas - Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. Nays-None. Mr. Wong addressed the Coun- cil, rather timidly, by stating that he owned the building since 1959. After some questioning he admit- ted that he had an opportunity to sell the property to the Julien Ho- tel in 1963. Building Commission- er Bandy stated that his depart- ment has been trying to get Mr. Wong to cooperate since 1959. The City went through the expense and effort to hire Mr. McGinn, an archi- tect, to make a complete inspection of the Wong building. Bandy's rec- ords further reveal that a copy of McGinn's report was submitted to Mr. Wong, on March 2, 1967 and on March 6, 1967 a copy of the City Manager's report was submit- Ludwig, Coun- Pfohl, Pregler, Session, July 3, 1967 Petition of Dubuque Community School District requesting permis- sion to use aerial fireworks pieces during the course of five home football games during the 1967 season, presented and read. Mayor Ludwig moved approval of the pe- tition subject to approval of the Fire Chief. Seconded by Council- man Pregler. Carried by the fol- lowing vote: Yeas - Mayor cilmen McCauley, Schultz. Nays-None. Petition of United Fund of Du- buque Inc. requesting participation by the City in the amount of $5000 as their share of the Community Service Planning activities for Health, Welfare, Group Work and recreation, presented and read. Councilman McCauley moved that the petition be referred to the Council and Manager for budget review. Seconded by Mayor Lud- wig. Carried by the following vote: Yeas - Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. Nays-None. Petition of William H. Olsen re- questing a refund of $100 on the unexpired portion of Class B beer permit No.7, as he has discon- tinued business on June 30, 1967, presented and read. Councilman Pregler moved that the refund be granted and the Auditor instructed to issue proper warrant. Seconded by Councilman Schultz. Carried by the following vote: Yeas - Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. Nays-None. Petition of John L. Sullivan re- questing a refund of $100 on the unexpired portion of Class B beer permit No. 19, as he has discon- tinued business on June 30, 1967, presented and read. Councilman Pregler moved that the refund be granted and the Auditor instructed to issue proper warrant. Seconded by Councilman Schultz. Carried by the following vote: Councilman McCauley. Carried by the fOllowing vote: Yeas - Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. Nays-None. Ludwig, Coun- Pfohl, Pregler, Regular 332 I ragut Street from the W.P.L. of Kerper Boulevard to the inter- section of Farragut Street and the alley between Garfield Avenue and Kerper Boulevard, then an eight inch (8") Sanitary Sewer in the alley between Garfield Avenue and Kerper Boulevard from the intersection with Farragut Street 386.68 feet northerly. Also an eight inch (8") sanitary sewer from the sewer in the alley between Garfield Avenue and Kerper Boulevard westerly through Lot 180 of Ham's Addition to Garfield Avenue and northerly in Garfield Avenue a distance of 258.16 feet, be and the same are hereby or- dered and constructed by this Council upon its own motion and with or without the petition of property owners. All the work shall be constructed in accord- ance with the plans and specifi- Itations hejretofure adopted and now on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the cost and expense of the said improvement be paid for by levying special assessments against the privately owned property ly- ing within the assessable distance from the improvements, whether such property abut upon the same or are adjacent thereto, according to the area thereof and in propor- tion to the special benefits con- ferred, and any deficiency will be paid out of the sewer funds of the city. Payment will be made to the contractor out of funds realized from the sale of bonds to be is- sued in anticipation of deferred payments of assessments as pro- vided by law after the work has beeen completed and accepted by the City Council. BE IT FURTHER RESOLVED that the City Clerk be and he is hereby ordered and directed to advertise for proposals for the con- struction of the various improve- ments herein provided for in the manner provided by law, the said improvements shall be completed on or before 60 days after notice to proceed is issued. BE IT FURTHER RESOLVED that this resolution being deemed urgent and of immediate neces- sity shall be in force and effect from and after its passage and adoption by the City Council. 335 1967 Regular Session, July 3, exceed the amount provided by law, property will be assessed whether the same abuts thereon or is adjacent thereto according to area and in proportion to the special benefits confered thereby, and any deficiency shall be paid out of sewer funds. Bonds shall be issued and sold in anticipation of deferred payments of assessments when a contract has been perform- ed and accepted and the proceeds thereof used to pay the contractor. The railway portion of any street or assessment district shall be assessed to and paid by the rail- way company. The above resolution was intro- duced, approved and ordered plac- ed on file with the City Clerk this 5th day of June, 1967. RECORD OF FINAL ADOPTION The foregoing resolution was finally passed and adopted, as proposed, by the City Council on the 3rd day of July, 1967. Richard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler Councilmen Attest: Leo F. Frommelt, City Clerk Councilman Pfohl moved final adoption of the resolution. Second- ed by Mayor Ludwig. Carried by the following vote: Yeas - Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays-None. Mr. Ray Kress of 2310 Garfield Ave., along with a group of his neighbors, were present to find out just exactly what route the sewer was going to take. All seemed to be in favor of the in- stallation but were curious as to how properties would be serviced. City Engineer White explained the layout in detail. (Ordering Construction) RESOLUTION NO. 200-67 BE IT RESOLVED by the City Council of the City of Dubuque that pursuant to a resolution of necessity No. 147-67 which was duly passed by this Council, for the construction of a twelve inch (12") sanitary sewer in Far- and schedule have been duly pre- pared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk showing among other things the following: 1. The size and kind of sewers. 2. Each lot proposed to be as- sessed together with a valuation fixed by the council. 3. An estimate of the cost of the proposed improvement, stating the same for each different type of construction and kind of material to be used. 4. In each case the amount there- of which is estimated to be assess- ed against each lot, for the Construction of a twelve inch (12") Sanitary Sewer in Farragut Street from the W.P.L. of Ker- per Boulevard to the intersection of Fa.rragut Street and the alley between Garfield Avenue and Kerper Boulevard, then an eight inch (8") Sanitary Sewer in the alley between Garfield Avenue and Kerper Boulevard from the intersection with Farragut Street 386.68 feet northerly. Also, an eight inch (8") Sanitary Sewer from the sewer in the alley be- tween Garfield Avenue and Ker. per Boulevard westerly through Lot 180 of Ham's Addition to Garfield Avenue and northerly in Garfield Avenue, a distance of 258.16 feet. BE IT THEREFORE RESOLVED that the City Council on its own motion or upon petition of proper- ty owners, deems it advisable and necessary for the public welfare to make the herein mentioned im- provement, and unless property owners at the time of the final consideration of this proposed reso- lution have on file with the City Clerk objections to the amount of the proposed assessments, they shall be edeemed to have waived all objections thereto. Said improvements shall be con- structed and done in accordance with plans and specifications which have been prepared therefore by the City Engineer which have been approved by the City Coun- cil are now on file with the City Clerk. That the cost and expense of making said improvement will be assessed upon and against all privately owned property lying within assessable distance provid- ed by law and in an amount not to 1967 Session, July 3, sewer in Farragut street from the W.P.L. of Kerper Blvd. to the inter- sewer in Farragut street from the alley between Garfield Avenue and Kerper Blvd.; then an eight inch (8") sanitary sewer in the alley be- tween Garfield Avenue and Kerper Blvd. from the intersection with Farragut street 386.68' northerly, also an eight inch (8") sanitary sew- er from the sewer in the alley be- tween Garfield Avenue and Kerper Blvd. westerly through Lot 180 of Ham's Addn. to Garfield Avenue and northerly in Garfield Avenue a distance of 258.16 feet, presented and read. Mayor Ludwig moved that the proof of publication be received and filed. Seconded by Councilman Schultz. Carried by the following vote: Yeas - Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays-None. Statement of City Clerk certify- ing that notices of hearing were mailed by certified mail on June 12, 1967, to property owners of record obligated to pay for cost of constructing the Farragut street and adjacent alleys sanitary sew- er, presented and read. Council- man Pregler moved that the state- ment be received and filed. Second- ed by Councilman Schultz. Carried by the following vote: Yeas - Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays-None. Communication of Thermolyne Corporation stating their position as to the proposed installation of the Farragut street sanitary sewer that they have a sewer for their purposes and that the proposed assessment is actually against prop- erty that is part of the Industrial Island, however not objecting to the proposed construction of the sewer, presented and read. Council- man Pfohl moved that the com- munication be received and filed. Seconded by Councilman McCau- ley. Carried by the following vote: Yeas - Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays-None. (Necessity for Improvement) RESOLUTION NO. 147-67 WHEREAS, proposed plans, spec- ifications, form of contract, plat Regular 334 11 I !I I I' .1 t I 337 RESOLUTION NO. 204-67 WHEREAS, Mayor of City of Dubuque, Iowa, has executed Grant Agreement with the Federal A via. tion Agency pertaining to Project 9-13-020-C710 and Contract No. FA- 67-CE-4508 in connection with cer- tain improvements to be made to Dubuque Municipal Airport. NOW THEREFORE Be It Re- solved By the City Council of the City of Dubuque, Iowa: Section 1. That the execution of the Grant Agreement Part 1- Offer in connection with Project WHEREAS, during the planning stage of the Downtown Urban Re- newal Project, Iowa R-15 the first acquisition appraisals of the real estate to be acquired were com- pleted, and WHEREAS, under date of June 28, 1967, the Department of Hous- ing and Urban Development has authorized the City of Dubuque to incur costs for the undertak- ing of the Urban Renewal Project, and WHEREAS, to facilitate the execution phase of the project it is necessary to obtain second real estate acquisition appraisals by ex- perienced, professional real estate appraisers, now therefore BE IT RESOLVED by the Coun- cil of the City of Dubuque: Section 1. That the City Man- ager be and he is hereby author- ized and directed to enter into contracts with S. DeWayne Guern- sey and J. T. Willits for the pur- pose of making second real estate appraisals of the fair market value of various parcels of real estate to be acquired by the City of Dubuque in the Downtown Urban Renewal Project, Iowa R-15, at a cost not to exceed $25,600.00. Passed, adopted and approved this 3rd day of July, 1967. Richard Ludwig Mayor M. Sylvester McCauley Walter A. Pregler Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman McCauley. Carried by the following vote: Yeas-Mayor Ludwig, Council- men McCauley, Pregler. Nays-Councilmen Pfohl, Schultz. Session, July 3, 1967 Beginning at the Southeast cor- ner of Lot 343 at a point common to the intersection of Front Street and Garfield Avenue, said point being 32 feet West of the center- line of Front Street for the true point of beginning; thence West a distance of 120 feet; thence Northwesterly a distance of 55.8 feet to the Southeast corner of Lot 333; thence Northwesterly a distance of 67.55 feet; thence North a distance of 52.1 feet; thence Northeasterly a distance of 98.17 feet; thence East a distance of 120 feet to a point; thence South parallel to the West line of Front Street, a distance of 231.3 feet to the point of be- ginning, all in Ham's Addition, City of Dubuque, containing ap- proximately 0.83 acres,. as shown on drawing attached hereto and made a part hereof as Exhibit "A" be and the same is hereby approved. Section 2. That the Mayor and City Clerk be and they are here- by authorized and directed to exe- cute for and on behalf of the City of Dubuque, Iowa, Amendatory Agreement No. 3 To Lease NOy (R)-40838. Passed, adopted and approved this 3rd day of July, 1967. Richard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler Councilmen Attest: Leo F. Frommelt City Clerk Mayor Ludwig moved adoption of the resolution. Seconded by Councilman McCauley. Carried by the following vote: Yeas: Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays-None. real estate in said original lease be delected in its entirety and the following description inserted in lieu and in substitution thereof, to wit: RESOLUTION NO. 203-67 Authorizing the Execution of Contracts for the Second Acqui- sition Appraisals for the Down- town Urban Renewal Project, Iowa R-15. Regular Council- Pregler, RESOLUTION NO. 202-67 WHEREAS, City of Dubuque, Iowa, as Lessor, and the United States, as Lessee, entered into a certain written lease dated Janu- ary 1, 1947, designated as NOy(R)- 40838, as amended, covering the exclusive use by the United States of America of a parcel of land in the City of Dubuque, Iowa, con- taining approximately 0.85 acres at an annual rental of One ($1.00 Dol- lar and other valuable considera- tion, with renewal privileges in the Govrnment until June 30, 1977; and WHEREAS, the City of Du- buque, Iowa and the United States of America deem it to their mutual interest and benefit that the lease- hold premises be changed by de- leting therefrom a small area of land required by the City of Du- buque, Iowa, for the construction and maintenance of a roadway; and WHEREAS, the City of Du- buque, Iowa and the United States of America have entered into a written agreement designated as "Amendatory Agreement NO.3 To Lease NOy(R)-40838." NOW THEREFORE Be It Re- solved by the City Council of the City of Dubuque, Iowa: Section 1. That "Amendatory Agreement No.3 To Lease NOy (R)-40838" to Lease NOy(R)-40838 amending lease entered into by and between the City of Dubuque, Iowa and the United States of America on January 1, 1947, wherein the description of the 3, 1967 and for Dubuque County, Iowa, together with this Resolution. Passed, adopted and approved this 3rd day of July, 1967. Richard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler Councilmen Attest: 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, men McCauley, Pfohl, Schultz. Nays-None. Session, July RESOLUTION NO. 201-67 Resolution Accepting Delivery of Grant of Easement for Flood Protection Works. WHEREAS, Dubuque Oil Termi- nal Company has executed and de- livered to City of Dubuque, Iowa, a grant of perpetual easement in, on, over, and across the following described real estate, to wit: The easterly and southerly por- tions of that tract of land now under lease to party of the first part, pursuant to that certain lease dated March 24, 1964, filed for record in Dubuque County, Iowa on April 11, 1964, as Document No. 40092 and received in Book 296, page 552 et seq., which is con- tained within the hatched area pic- torially represented on Exhibit "A" hereto attached and denomi- nated thereon as Plat of Dubuque Oil Terminal Co. Lease Showing Easement for Flood Control Dike, in connection with City of Du- buque Flood Control Plan. NOW THEREFORE Be It Re- solved by the City Council of the City of Dubuque, Iowa: Section 1. Delivery of grant of perpetual easement to City of Du- buque, Iowa by Dubuque Oil Ter- minal Company dated the 7th day of June, 1967, be and the same is hereby accepted by the City of Dubuque, Iowa. Section 2. That the City Clerk be and he is hereby ordered to execute the certificate of Clerk affixed to such granting instru- ment and cause said grant of per- petual easement to be recorded in the office of the Recorder in Passed, adopted and approved this 3rd day of July, 1967. Richard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman McCauley. Carried by the following vote: Yeas: Mayor Ludwig, men McCauley, Pfohl, Schultz. Nays-None. Council Pregler Special 336 339 Passed, adopted and approved this 3rd day of July, 1967. Richard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler Councilmen Attest Leo F. Frommelt, City Clerk Councilman 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. Session, July 3, 1967 Passed, adopted and approved this 3rd day of July, 1967. Richard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A Pfohl Walter A. Pregler Councilmen moved adop- Seconded by Carried by Council Pregler Regular Ludwig, Pfohl, Attest: Leo F. Frommelt, City Clerk Councilman Pfohl tion of the resolution. Councilman Pregler. the following vote: Yeas - Mayor men McCauley, Schultz. Nays-None. Session, July 3, 1967 Richard N. Stecklein, 450 Locust Street Donald E. Wertz, 1545 South Grandview Avenue Syl A. Weiner, 201 East 22nd Street Richard Rahe & David Burds, 1564 Central Avenue Myril F. Healy, 205 Locust Street Max Rettenberger, 90 South Locust Street BE IT FURTHER RESOLVED that the bonds filed with the appli- cation be approved. Passed, adopted and approved this 3rd day of July, 1967. Richard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler Councilmen RESOLUTION NO. 208.67 WHEREAS, applications for Liq- uor Pemits have been submitted to this Council for approval and the same have been examined, NOW THEREFORE BE IT RE- SOLVED, by the City Council of the City of Dubuque, Iowa, that the following applications be grant- ed and licenses issued upon the compliance with the terms of the IOWA LIQUOR CONTROL ACT- CHAPTER 123-as amended by the 60th General Assembly, 1963. RESOLUTION NO. 207-67 WHEREAS, applications for Beer Permits were filed by the within named applicants and they have received the approval of this Coun- cil; and WHEREAS, the premises to be occupied by such applicants were inspected and found to comply with the ordinances of this City and they have filed proper bonds: CLASS "A" CLUB LICENSE Benevolent & Protective Order of Elks #297, 7th & Locust Street Dubuque Metal Trades Council Club, 111 West 6th Street Amvets, Post No.3, 429 Main Street CLASS "c" COMMERCIAL ESTABLISHMENT . W. Pins, 2699 Kennedy & Central West Attest: Leo F. Frommelt, City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Mayor Ludwig. Carried by the fol- lowing vote: Yeas - Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays-None. I Rhomberg Arthur Road Robert J. Bowen, 8th Corner Harriett Bush, 700 East 16th Street Joseph P. & Bernice M. Hillard, 431 Rhomberg Avenue Donald M. Love, 250 West 6th Street June M. Noel, 2400 Central Avenue Marcille A. Pauly, 1200 Iowa Street Patricia Sarris, 760 East 16th Street Paul SchOllmeyer, 176 Locust Street Albert J. Ney, 1842 Central Avenue Riverside Bowl, Inc., 1860 Haw- thorne Street Donald T. Sand, 2364 Washington Street Harry N. Gantert, 1301 Avenue NOW THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the Manager be and he is hereby directed to issue to the following named applicants a Beer Permit. CLASS Mrs. Helen Avenue John L. Savary, 827 Dodge Street Mary G. Bahl, 253 Main Street Leo B. Grass, 1105 University Av- enue "B" BEER PERMIT Weiner, 709 University Av- 2995 Central 1200 Iowa Street BEER PERMIT 250 West Nona G. Mahoney, 678 Central enue CLASS "c" Thompson's Food Market, 1st Street Fred Weiner, Schmitt, A. Pauly, Raymond L. Avenue Marcille RESOLUTION NO. 206-67 WHEREAS, applications for Beer Permits have been submitted to this Council for approval and the same have been examined: NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the following applica- tions be granted and licenses be issued upon the compliance with the terms of the ordinances of the City. Central CLASS "B" BEER PERMIT Mrs. Helen Weiner, 709 University Avenue John L. Savary, 827 Dodge Street Mary G. Bahl, 253 Main Street Leo B. Grass, 1105 University Av- enue Nona G. Mahoney, 678 Central Av- enue Raymond L. Schmitt, 2995 Avenue Marcille A. Regular Passed, adopted and approved this 3rd day of July, A.D. 1967. Richard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler Councilmen Leo F. Frommelt City Clerk Mayor Ludwig moved adoption of the resolution. Seconded by Councilman McCauley. Carried by the fOllowing vote: Yeas: Mayor Ludwig, men McCauley, Pfohl, Schultz. Nays-None. RESOLUTION NO. 205-67 BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the following having complied with the provisions of law relating to the sale of Cigar- ettes within the City of Dubuque, Iowa, be granted a permit to sell Cigarettes and Cigarette Papers within said City. Cruso A. Alba, 2601 Jackson Street Herbert F. Bisping, 1401 Elm Street Shakey's Pizza Parlor, 4th & Locust Street William F. Dunne, 54 Locust street Mrs. Alice Erschen, 2617 Univer- sity Avenue Victorina Ellis, 120 West 4th Street Louis H. Harle, 62 Locust Street Carl Herburger, 2987 Jackson Street Karigan Restaurant, 401 Central Avenue Kenneth J. Love, 802 Iowa Street Shirley Mihalakis, 574 East 16th Street Raymond McLaughlin, 2222 Central Avenue Russell E. Myers, Av- enue Palmer Drugs, 2600 Dodge St. Plaza 20 Doris Riekena, 301 Main Street Melvin A. Spiegelhalter, 1029lh Main Street Raymond L. Schmitt, 2995 Central Avenue 9-13-020-C710 and Contract No. FA- 67-CE-4508 of the Dubuque Mu- nicipal Airport by the Mayor of the City of Dubuque, Iowa, be and the same is hereby ratified and confirmed. Attest: Council Pregler 1618 Central 338 1101 White Street BE IT FURTHER RESOLVED that the bonds filed by such appli- cants be and the same are hereby approved. Iowa Street Street Pauly, CLASS "c" BEER PERMITS Thompson's Food Markets, 250 West 1st Street Fred Weiner, 1101 1200 White 341 Counci],.. Pregler, Frommelt City Clerk ~ I Ludwig, Pfohl, F. Passed, adopted and approved this 3rd day of July, 1967. Richard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz, Eldon A. Pfohl Walter A. Pregler Councilmen Attest: Leo F. Frommelt City Clerk Mayor Ludwig moved adoption of the resolution. Seconded by Councilman McCauley. Carried by the following vote: Yeas-Mayor Ludwig, CounciL- men McCauley, Pfohl, Pregler, Schultz. Nays-None. Mayor Ludwig moved that the Council encourage the practice of ringing bells at two o'clock P.M. on Independence Day. Seconded by Councilman Schultz. Carried by the following vote: Yeas-Mayor Ludwig, Councilr men McCauley, Pfohl, Pregler, Schultz. Nays-None. There being no further business Councilman McCauley moved to adjourn. Seconded by Councilman Pregler. Carried by the follow- ing vote: i ! 1967 Yeas-Mayor men McCauley, Schultz. Nays-None. Leo Ave- 880 Locust Central Regular Session, July 3, Regular Session, July 3, 1967 CLASS "A" CLUB LICENSE Benevolent & Protective Order of Elks #297, 7th and Locust Street Dubuque Metal Trades Council Club, 111 West 6th Street Amvets, Post #3, 429 Main Street CLASS "c" COMMERCIAL ESTABLISHMENT W. Pins, 2699 Kennedy Bowen, 8th and Central 6th Ave- Marcille A. Pauly, 1200 Iowa Street Patricia Sarris, 760 East 16th Street Locust Ave- Haw- Rhomberg Mrs. Josephine Street Russell Evans, 20 West 8th Avenue Florence F. Herburger, 2987 Jack- son Street University Bernard Avenue 450 West 2222 Central Helen nue Cyril Meitl, 1555 Central Avenue Kenneth Jerome Love, 802 Iowa Street Creslanes Bowling, Inc., 255 South Main Street Russell E. Myers, 1618 Central Avenue Fischer Bowling Lanes, Street Raymond L. Avenue Arthur Road Robert J. Corner 340 Mrs. Josephine 531 Main Street Russell Evans, 29 West 8th Street Florence F. Herburger, 2987 Jack- son Street Alice Erschen, 2617 University Avenue Mark R. Smith and Bernard F. Skahill, 400 Central Avenue Richard N. Stecklein, 450 West Lo- cust Street Raymond McLaughlin, 2222 Cen- tral Avenue Helen Weiner, 709 University Ave- F. Main Washing- Harriett Bush, 700 East 16th Street Joseph P. and Bernice M. Hillard, 431 Rhomberg Avenue Donald M. Love, 250 West Street M. Noel, University Schmitt, Burke, Central Central 531 1860 2995 176 2364 Burke, 1301 Mark R. Skahill Richard N. Stecklein, Locust Street Raymond McLaughlin, Avenue Weiner, 709 Smith and 400 Central 2617 Inc. Paul Schollmeyer, Street Albert J. Ney, 1842 nue 2400 Riverside Bowl, thorne Street Donald T. Sand, ton Street Gantert, Alice Erschen, Avenue Harry N. Avenue June nue CounciL- Pregler, RESOLUTION NO. 209.67 W HER E A S, applications for Liquor Permits were filed by the within named applicants and they have received the approval of this Council, and WHEREAS, the premises to be occupied by such applicants were inspected and found to comply with the State Law and all City ordinances relevant thereto and they have filed proper bonds; NOW THEREFORE Be It Re- solved by the City Council of Dubuque, Iowa, that the Manager be authorized to cause to be is- sued to the following named appli- cants a Liquor Permit. nue Cyril Meitl, 1555 Central Avenue Kenneth Jerome Love, 802 Iowa Street Creslanes Bowling, Inc., 255 South Main Street Russell E. Myers, 1618 Central Avenue Fischer Bowling Lanes Club, 880 Locust Street Raymond L. Schmitt, 2995 Central Avenue Passed, adopted and approved this 3rd day of July, 1967. Richard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz, Eldon A. Pfohl 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, men McCauley, Pfohl, Schultz. Nays-None. MI I 343 1967 by Mayor Ludwig. Carried by the following vote: Yeas-Mayor Ludwig, Councilc men McCauley, Pfohl, Pregler, Schultz. Nays-None. There being no further business Councilman McCauley moved to adjourn. Seconded by Councilman Schultz. Carried by the following vote: Yeas-Mayor men McCauley, Schultz. Nays-None. Leo Attest 1967 .1967 ......................... ouncilmen Council Pregler Frommelt City Clerk City Clerk Ludwig, Pfohl, F. Approved Session, July 13, Adopted he is hereby publicly recognized by the City Council of the City of Dubuque, Iowa, for his services to said League and to the City of Dubuque in connection with proposed legislation submitted to the recent session of the Iowa Legislature as well as keeping the City of Dubuque informed as to the progress of said legislation, and that this City Council publicly go on record in expressing its grateful thanks to Mr. Park Rinard for his splendid services to the inhabitants of this community in connection with his duties as Ex- ecutive Director of the Iowa League of Municipalities, and that he be publicly thanked for his ef- forts on the behalf of the inhabi- tants of this City. Section 2. That the City Clerk be and he is hereby authorized and directed to forward a certi- fied copy of this resolution to Mr. Park Rinard, Executive Direc- tor of the Iowa League of Muni- cipalities. Dated at Dubuque, Iowa, this 13th day of July, 1967. Richard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz, Eldon A. Pfohl Walter A. Pregler Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pfohl moved adop- tion of the resolution. Seconded Special Session, July 13, 1967 Passed, adopted and approved this 13th day of July, 1967. Ricvhard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler Councilmen Attest: Leo F. Frommelt City Clerk Councilman McCauley moved adoption of the resolution. Sec- onded by Councilman Pregler. Car- ried by the following vote: Yeas: Mayor Ludwig, Council men McCauley, Pfohl, Pregler Schultz. Nays-None. Certificate of Recording Officer The undersigned duly qualified and acting City Clerk of the City of Dubuque, Iowa, does hereby certify: That the attached resolution is a true and correct copy of the reso- lution, authorizing the filing of application with the United States Public Health Service as regularly adopted at a legally convened meeting of the Mayor and City Council, duly held on the 13th day of July, 1967; and further that such resolution has been fully recorded in the journal of pro- ceedings and records in my office. In Witness Whereof, I have hereunto set my hand this 13th day of July, 1967. Leo F. Frommelt City Clerk (Seal) RESOLUTION NO. 211-67 WHEREAS, Park Rinard, Execu- tive Director of the Iowa League lof Municipalities, has rendel1ed very valuable service to the City of Dubuque, Iowa, and represent- ing the interests of the City of Dubuque, together with other cities, before the recent session of the Iowa Legislature both in pre- senting the proposed legislation and as well as keeping the City of Dubuque informed as to the progress of such legislation. NOW THEREFORE Be It Re- solved By the City Council of the City of Dubuque, Iowa: Section 1. That Park Rinard, Executive Director of the Iowa League of Municipalities, be and 342 CITY COUNCIL OFFICIAL Special Session, July 13, 1967. Council met at 4:30 P.M. (D.S.T.: Present-Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. City Manager Gilbert D. Chavenelle. Mayor Ludwig read the call and stated that service thereof had been duly made and this meeting is called to consider adoption of a resolution authorizing filing of application with the Public Health Service United States of America, for a grant under the Water Pollu- tion Control Act, (33 U.S.C. 446 et seq.), and acting upon such other business as may properly come before a regular meeting of the City Council. RESOLUTION NO. 210-67 Resolution authorizing filing of application with the Public Health Service, United States of America, for a Grant under the Water Pol- lution Control Act, (33 U.S.C. 446 et seq.). WHEREAS, under the terms of the Water Pollution Act, (33 U.S.C. 446 et seq.) the United States of America has authorized the mak- ing of Grants to authorized appli- cants to aid in the construction of specific public projects: NOW THEREFORE, BE IT RESOLVED By Mayor and City Council 1. That the City Manager be and he is hereby authorized to execute and file an application on behalf of City of Dubuque, Iowa with the Public Health Service United States Government, for a Grant to aid in the construction of Interceptor Sewers, Pumping Stations and Waste Water Treat- ment Facilities. 2. That Gilbert D. Chavenelle, City Manager, be and he is hereby authorized and directed to furnish such information as the United States Public Health Service may reasonably request in connection with the application which is here- in authorized to be filed, and sign all necessary documents. Special ~! I 345 be vacated and that easements be obtained that are satisfactory to the City Engineering Department, Utility Companies, and the City Attorney. Respectfully submitted, Don Gilson, Commission Planning and Zoning Director of Planning Councilman Schultz moved that the recommendation be referred to the City Manager, City Solicitor, and City Engineer. Seconded by Mayor Ludwig. Carried by the fol- lowing vote: Yeas-Mayor Ludwig, men McCauley, Pfohl, Schultz. Nays-None. Because there was no substan- tial evidence offered in favor of the change and because of the strong objection of some of the residents, it is the recommenda- tion of the Commission that no change be made in the zoning classification of the property at 706 Rhomberg Avenue. Respectfully submitted, Planning and Zoning Commission Don Gilson, Director of Planning Honorable Members Re: Regin Funk, Agent Sophia Broderick Estate, Petition Gentlemen: The Planning and Zoning Com- mission has reviewed a request to have the zoning classification of the property at 706 Rhomberg changed from Local Business "A" to Local Business "B." A public hearing was held on July 13, 1967. A petition bearing 36 signatures and a letter bearing one signa- ture were on file stating opposition to the proposal. A petition bear- ing 12 signatures was on file stat- ing favor for the proposal. At the hearing, representatives of the petitioner stated the reason for the request was to permit fu- ture expansion of the adjoining service station. Residents in the area stated that enlargement of the service station or related uses would substantially reduce the en. joyment of their homes. Council- Pregler, July 17, 1967 Mayor and Council 1967 Session, July 17, crease requested by the Company. After considering the various alternatives available to the Com- pany as a result of the City Coun- cil's refusal to grant the entire rate increase requested by the Company, the Company's manage- ment has decided to accept the rate increase authorized by the City Council. This decision was made principally because of the Company's great respect for the excellent relationship which the Company has always had with the City Council and other City Offi- cials as well as with the residents of Dubuque. The Company wishes to advise you formally of its decision to accept the 2~ increase approved by the City Council and of its in- tention to put that increase in effect as of August 1, 1967. Very truly yours, DUBUQUE TV-FM CABLE CO. Robert L. Loos Manager Councilman Pregler moved that the communication be referred to the City Solicitor for proper pro- ceeedings. Seconded by Council- man Pfohl. Carried by the fol- lowing vote: Yeas-Mayor Ludwig, Council men McCauley, Pfohl, Pregler. Nays-Councilman Schultz. July 17, 1967 Honorable Mayor and Council Members Gentlemen: The City Planning and Zoning Commission has reviewed a re- quest to have the portion of Grove Terrace lying north of Arlington Street vacated. The Commission has found that the right-of-way is not used for vehicular traffic and that there is no proposed use of the right-of- way for vehicular traffic. There is an existing storm sewer, over- head electric power line, and over- head telephone line in the right- of-way. The fire department has indicated that vacation of the right-of-way would not interfere with their service to the abutting properties. Because of the topography of the area and the lack of any fore- seeable need for the street to be improved and used for vehicular traffic, it is the recommendation of the Commission that the street Special 1967 Councilman Schultz moved that the communication be received and filed. Seconded by Council- man Pfohl. Carried by the fol- lowing vote: Yeas-Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays-None. Communication of MG Junior F. Miller Headquarters Iowa Na- tional Guard acknowledging re,- ceipt of Mayor Ludwig's communi- cation requesting assistance as provided in the new disaster aid bill, presented and read. Mayor Ludwig moved that the communication be received and filed. Seconded by Councilman Pregler. Carried by the follow- ing vote: Yeas-Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays-None. Communication of Hilda utzig expressing appreciation for the resolution passed by the Council in behalf of her deceased hus- band, State Representative Arnold Utzig, presented and read. Councilman Pregler moved that the communication be received and filed. Seconded by Council- man Pfohl. Carried by the fol- lowing vote: Yeas-Mayor men McCauley, Schultz. Nays-None. Honorable Mayor Council of the City of Dubuque Dubuque, Iowa Dear Sirs: On June 5, 1967, the City Coun- cil authorized a 2~ per month increase in the rate charged by Dubuque TV-FM Cable Co. to its subscribers. As you know, the Company had applied for a 5~ per month increase. In support of its application for a 5~ per month increase, the Company made an extensive pre- sentation before the City Council and heard its position supported by the rate consultant employed by the City Council to review and make a recommendation concern- ing the Company's application. Nevertheless, the City Council re- fused to grant the entire rate in- Council Pregler 1967 July 14, and City Ludwig, Pfohl, Session, July 17, Council Pregler Communication of Iowa State Department of Health submitting operation record forms for the wastewater treatment Plant to gether with a set of rules and regulations of records of opera- tion of Waste Disposal Systems, presented and read. Mayor Ludwig moved that the communication be received and fi~d. Seconded by Coun~lman Schultz. Carried by the follow- ing vote: Yeas-Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays-None. Communication of Dub u que County Fair Ass'n advising date of Annual Fair Board dinner on August 3, 1967, presented and read Communication of Allied Mutua Insurance Com pan y submitting Power of Attorney authorizing William H. Sears, Paul H. Stray- er and O. Knox Kling to execute any and all bonds on behalf of the Company, presented and read. Councilman Pregler moved that the Power of Attorney be received and filed. Seconded by Council- man Pfohl. Carried by the fol- lowing vote: Yeas-Mayor Ludwig, men McCauley, Pfohl, Schultz. Nays-None. Mayor Ludwig read the call and stated that service thereof had been duly made and this meeting is called for the purpose of acting upon a resolution approving and providing for the execution of a proposed Loan and Capital Grant Contract between the City and United States of America for the Downtown Urban Renewal Project Iowa, R-15, and acting upon such other business as may properly come before a regular meeting of the City Council. Special Session, July 17, 1967. Council met at 7:30 P.M. (D.S.T.) Present-Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. City Manager Gilbert D. Chavenelle. CITY COUNCIL OFFICIAL Special 344 347 Session, July 17, 1967 Special ~! I fol- Council- Pregler, man Schultz. lowing vote: Yeas-Mayor men McCauley, Schultz. Nays-None. Councilman Pregler moved that a public hearing be held on the Ordinance on August 7, 1967 at 7:30 P.M. in the Council Chamber at the CityHall and that the City Clerk be instructed to publish no- tice of the hearing in the manner required by law. Seconded by Councilman Schultz. Carried by the following vote: Yeas-Mayor Ludwig, men McCauley, Pfohl, Schultz. Nays-None. Council- Pregler, ORDINANCE NO. 34-67 An Ordinance Amending and Changing Ordinance No. 3-34 known as the Zoning Map and Zoning Ordinance of the City of Dubuque so as to change cer- tain property hereinafter de- scribed from "slnlle family resi. dence district" classification to "two family residence district" classification, presented and read. Councilman Pregler moved that the reading just had be consid- ered the first reading of the Ordi- nance. Seconded by Councilman Schultz. Carried by the fOllowing vote: Yeas-Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays-None. Councilman Pregler moved that the rule requiring an Ordinance to be read on three separate days be waived. Seconded by Councilman Schultz. Carried by the following vote: Yeas-Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays-None. Councilman Pregler moved that a hearing be held on the Ordi- nance on August 7, 1967 at 7:30 P.M. in the Council Chamber at the City Hall and that the City Clerk be instructed to publish no- tice of the hearing in the manner required by law. Seconded by Councilman Schultz. Carried by the following vote: the Carried by LUdwig, Pfohl, lim- I am enclosing a letter from Mr. Hail which indicates that water can be supplied and in which he states conditions for supplying water service. As I understand it, the building has not yet been constructed and when it is it will be outside the Corporate limits. Under these circumstances I rec- ommend that the water connection be not permitted until the proper- ty is annexed upon which the house is to be constructed. Since Mr. Hoffman's property abuts the City Limits, annexation can be ac- complished on a petition from Mr. Hoffman requesting annexation. If this recommendation is ap- proved I further request that the Water Department be instructed to so inform the petitioner. Respectfully submitted, Gilbert D. Chavenelle, City Manager Councilman Schultz moved that the recommendation of the City Manager be approved. Seconded by Councilman McCauley. Carried by the following vote: Yeas - Mayor Ludwig, Council men McCaUley, Pfohl, Pregler Schultz. NaYs-None. ORDINANCE NO. 33-67 An Ordinance Amending and Changing Ordinance No. 3-34 known as the Zoning Map and Zoning Ordinance of the City of Dubuque so as to change cer. tain property hereinafter de- scribed from "single family resi. dence district" classification to "Iocal business district "B" clas. sification, presented and read. Councilman Pregler moved that the reading just had be considered the first reading of the Ordinance. Seconded by Councilman Schultz. Carried by the following vote: Yeas-Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays-None. Councilman Pregler moved that the rule requiring an Ordinance to be read on three separate days be waived. Seconded by Council- the Corporation partly within its. Session, July 17, 1967 Special 346 Mutual 1967 Council- Pregler, 17, 1967 To the Honorable and City Council Gentlemen: I am returning to you the peti- tion of Thomas C. Hoffman for a water connection to a property off Kelly Lane which property lies To the Honorable and City Council Gentlemen: I am returning to you the peti- tion of the Brotherhood of Rail- road Trainmen regarding trees along the railroad right of way. In answer to the petition I am enclosing a letter fom Mrs. Shirley Lang dated July 13th and a copy of a letter to Mr. A. J. Rooney. Respectfully submitted, Gilbert D. Chavenelle, City Manager Mayor Ludwig moved that the communication be received and fil- ed. Seconded by Councilman Schultz. Carried by the following vote: Yeas - Mayor McCauley, Ludwig, Council- pfohl, Pregler, 1967 To the Honorable and City Council Gentlemen: This is to advise that I have approved the following bonds and desire to have your approval on same. SIDEWALK Carl Blosch, Merchants Bonding Company Fischer Investment Co., Hawkeye- Security Insurance Company George Frommelt, Merchants Mu- tual Bonding Company Norman R. Hubbard and D. L. De Heck, Western Surety Company Respectfully, Gilbert D. Chavenelle, City Manager Mayor Ludwig moved that filing of the bonds be approved subject to approval of the City Solicitor. Seconded by Councilman Schultz. Carried by the following vote: Yeas - Mayor Ludwig, Council- men McCauley, pfohl, Pregler, Schultz. Nays-None. men Schultz. Nays-None. July 17, Mayor July 17, Mayor Ludwig, Pfohl, July Mayor Yeas - Mayor men McCauley, Schultz. Nays-None. Council- Pregler, July 17, To the Honorable Mayor and City Council Gentlemen: Commander Perron phoned to- day and announced that Admiral Chester 1. Steele, District Com- mander, U. S. Coast Guard, died Monday, July 17th. Admiral Steele has rendered outstanding service to the City by giving his strong support to the flood activities of the Dubuque Coast Guard Unit. His death is, indeed, a loss to the City of Du- buque and should be observed by the City with proper honors. Respectfully, Gilbert D. Chavenelle City Manager Councilman Pfohl moved that the communication be referred to the Mayor and City Manager. Sec- onded by Councilman McCauley. Carried by the following vote: Yeas-Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays-None. 10, 1967 To the Honorable and City Council Gentlemen: Attached are copies of letters sent by Mayor Ludwig to Governor Hughes and Major General Junior F. Miller requesting an interest- free loan in the amount of $307,- 000.00 to help pay for the costs incurred in the 1967 flood fight. The requested figure is $80,000.- 00 less than the amount originally requested authority to borrow from the State because of a 75% limita- tion in the bill passed and signed by the Governor. Respectfully, Gilbert D. Chavenelle, City Manager Councilman Pfohl moved that the communication be received and filed. Seconded by Councilman Schultz. Carried by the following vote: Councilman Pregler moved that the recommendation of the petition be approved. Seconded by Coun- cilman Schultz. Carried by the fol- lowing vote: Yeas-Mayor Ludwig, men McCauley, Pfohl, Schultz. Nays-None. 1967 July Mayor 349 sidered the first reading of the Ordinance. Seconded by Council- man Schultz. Carried by the fol- lowing vote: Yeas-Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays-None. Councilman McCauley m 0 v e d that the rule requiring an Ordi- nance to be read on three sepa- rate days be waived. Seconded by Councilman Pfohl. Carried by the following vote: Yeas-Mayor Ludwig, men McCauley, Pfohl, Schultz. Nays-None. Council Pregler ORDINANCE No. 39-67 AN ORDINANCE DESIGNATED RE- CENTL Y ANNEXED TERRITORY TO THE CITY OF DUBUQUE, IOWA, AS PART OF THE FIRST PRECINCT OF THE CITY OF DUBUQUE, IOWA. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Lot 1 of the North West One Quarter (NW'I4) of the North West one Quarter (NW1,4) of Section 6, Township 88 N., R3E of the 5th Prin- cipal Meridan, which has been annexed to the Citv of Dubuque, Iowa, be and the same is herebv designated and in- cluded in the First Precinct of the Citv of Dubuque, Iowa. Passed, adopted and approved this 7th dav of Julv, 1967. Richard Ludwig Mavor M. Svlvester McCaulev Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler Councilmen Attest: Leo F. Frommelt Citv Clerk Published officiallv in The Telegraph- Herald Newspaper this 21st dav of Julv 1967. 1967 Session, July 17, o'clock P.M., in the Council Cham- ber at the City Hall and that the City Clerk be instructed to publish notice of the hearing in the man- ner required by law. Seconded by Councilman Schultz. Carried by the following vote: Yeas-Mayor Ludwig, men McCauley, Pfohl, Schultz. Nays-None. ORDINANCE NO. 38-67 An Ordinance Amending and Changing Ordinance No. 3.34 known as the Zoning Map and Zoning Ordinance of the City of Dubuque so as to change cer- tain property hereinafter de- scribed from "multiple residence district" classification to "Iocal business district A" classification, presented and read. Councilman Pregler moved that the reading just had, be considered the first reading of the Ordinance. Seconded by Councilman Schultz. Carried by the following vote: Yeas-Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays-None. Councilman Pregler moved that the rule requiring an Ordinance to be read on three separate days be waived. Seconded by Council- man Schultz. Carried by the fol- lowing vote: YeaS-Mayor McCauley, men Schultz. Nays-None. Councilman Pregler moved that a hearing be held on the Ordi- nance on August 7, 1967, at 7:30 P.M. in the Council Chamber at the City Hall and that the City Clerk be instructed to publish no- tice of the hearing in the manner required by law. Seconded by Councilman Schultz. Carried by the following vote: Yeas-Mayor Ludwig, men McCauley, Pfohl, Schultz. Nays-None. ORDINANCE NO. 39.67 An Ordinance designated re- cently annexed territory to the City of Dubuque, Iowa, as part of the first precinct of the City of Dubuque, Iowa, presented and read. Councilman McCauley m 0 v e d that the reading just had be con- Council Pregler Special Council- Pregler, 1967 Seconded by Councilman Schultz. Carried by the following vote: Yeas - Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays-None. Councilman Pregler moved that the rule requiring an Ordinance on three separate days be waived. Sec- onded by Councilman Schultz. Car- ried by the following vote: Yeas - Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays-None. Councilman Pregler moved that a hearing be held on the Ordinance on August 7, 1967 at 7:30 P.M. in the Council Chamber at the City Hall and that the City Clerk be instructed to publish notice of the hearing in the manner required by law. Seconded by Councilman Schultz. Carried by the following vote: Yeas - Mayor men McCauley, Schultz. Nays-None. t. 7-21 Councilman McCauley m 0 ve d final adoption of the Ordinance. Seconded by Councilman Pregler. Carried by the following vote:. Yeas-Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays-None. Leo F. Frommelt Citv Clerk. Council- Pregler, Ludwig, Pfohl, . I ORDINANCE NO. 40-67 An Ordinance Amending Ordi. nance No. 33-49, known as the "Traffic Code of Dubuque, Iowa" as amended, by amending Section A of Schedule III by adding a new subsection 16 thereto providing that easfl. bound and westbound motor vehicles must stop before en- tering the intersection of Oak Crest Drive and Maplewood Street, presented and read. Council Pregler ORDINANCE NO. 36-67 An Ordinance Amending and Changing Ordinance No. 3-34 known as the Zoning Map and Zoning Ordinance of the City of Dubuque so as to cha,nge certain property hereinafter described from "Local Business District "A" Classification to "Local Busi. ness District "B" Classification, presented and read. Councilman Pregler moved that the reading just had be considered the first reading of the Ordinance. ORDINANCE NO. 37-67 An Ordinance Amending and Changing Ordinance No. 3-34 known as the Zoning Map and Zoning Ordinance of the City of Dubuque so as to change cer. tain property hereinafter de- scribed from "multiple residence district" classification to "Iocal business district B" classifica. tion, presented and read. Councilman Pregler moved that the reading just had be consid- ered the first reading of the Ordinance. Seconded by Council- man Schultz. Carried by the fol- lowing vote: Yeas-Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays-None. Councilman Pregler moved that the rule requiring an Ordinance to be read on three separate days be waived. Seconded by Council- man Schultz. Carried by the fol- lowing vote: Yeas-Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays-None. Councilman Pregler moved that a hearing be held on the Ordi- nance on August 7, 1967, at 7:30 Council Pregler Ludwig, Pfohl, ORDINANCE NO. 35-67 An Ordinance Amending and Changing Ordinance No. 3-34 known as the zoning map and zoning Ordin,ance of the City of Dubuque so as to change certa,in propety hereinafter de- scribed from "Single Fa,mUy Residence District" classification. to "Multiple Residence District" classification, presented and read. Councilman Pregler moved that the reading just had be considered the first reading of the Ordinance. Seconded by Councilman Schultz. Carried by the following vote: Yeas - Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays-None. Councilman Pregler moved that the rule requiring an Ordinance to be read on three separate days be waived. Seconded by Council- man Schultz. Carried by the follow- ing vote: Yeas - Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays-None. Councilman Pregler moved that a hearing be held on the Ordinance on August 7, 1967 at 7:30 P.M. in the Council Chamber at the City Hall and that the City Clerk be instructed to publish notice of the hearing in the manner required by law. Seconded by Councilman Schultz. Carried by the following vote: Yeas - Mayor men McCauley, Schultz. Nays-None. Ludwig, Pfohl, Session, July 17, Council Pregler Special Yeas-Mayor Ludwig, men McCauley, Pfohl, Schultz. Nays-None. 348 Petition of John McLaughlin of 1601 Garfield Ave., requesting per- mission to erect a fence along De- catur Street to encompass addition- al back yard area, presented and read. Councilman Pregler moved that the petition be referred to the Manager and City Solicitor. Sec- onded by Councilman Schultz. Car- ried by the following vote: Yeas-Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays-None. Petition of Voelker Realty Group requesting issuance of a Quit Claim deed to clear title on a vacated alley, which vacation was done by the City Council by Ordinance in 1918, but never fully executed as to the issuance of a deed, presented and read. Mayor Ludwig moved that the petition be referred to the City Solicitor. Seconded by Councilman Schultz. Carried by the follow- ing vote: Yeas-Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays-None. Petition of John J. Roddy et al (15 signers) requesting deletion of Apple Street from the side- walk project for 1968, presented and read. Councilman McCouley m 0 v e d that the petition be received and filed. Seconded by Councilman Schultz. Carried by the fOllowing vote: Yeas-Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays-None. Petition of Church of Resur- rection requesting permission to park a car, said car to be raffled off on September 3, on the cor- ner of 8th and Main Street from 6 to 9 Monday evening, July 24th, August 21st, for the purpose of selling chances, presented and read. Councilman Pfohl moved that the petition be denied and re- ferred to the City Solicitor for a reply by way of explanation. Seconded by Councilman Pregler. Carried by the fOllowing vote: Yeas-Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays-None. 351 1967 17, Session, July 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 Council- man Pregler. Carried by the fol- lowing vote: Yeas-Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays-None. Councilman McCauley m 0 v e d that the rule requiring an Ordi- nance to be read on three separate days be waived. Seconded by Coun- cilman Pfohl. Carried by the fol- lowing vote: Yeas-Mayor Ludwig, men McCauley, Pfohl, Schultz. Nays-None. tion B of Schedule X by add. ing a new subsection 4 there. to to provide that southbound motor vehicles must yield be. fore entering the intersection of Westway Drive and Graham Circle, Council Pregler ORDINANCE NO. 42-67 AN ORDINANCE AMENDING ORDI- NANCE NO. 33-49, KNOWN AS THE "TRAFFIC CODE OF DUBUQUE, IOWA" AS AMENDED, BY AMENDING SEC- TION B OF SCHEDULE X BY ADDING A NEW SUBSECTION 4 THERETO TO PROVIDE THAT SOUTHBOUND MOTOR VEHICLES MUST YIELD BEFORE EN- TERING THE INTERSECTION OF WESTWAY DRIVE AND GRAHAM CIR- CLE. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section I. That Ordinance No. 33-49, known as the "Traffic Code of Dubuque, Iowa" as amended, be and the same Is herebv amended bv adding a new sub- section 4 to Section B of Schedule X thereof as follows: "SCHEDULE X B. Southbound vehicles must yield before entering the Intersection of: 4. Westwav Drive and Graham Circle." 17ft,a~s:~, ofaJ~h!496~.nd approved this Richard Ludwig - Mavor M. Svlvester McCaulev Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler Councilmen Attest: Leo F. Frommelt Cltv Clerk Published offlclallv In The Telegraph- Herald Newspaper thIs 21st dav of Julv 1967. Special Session, July 17, 1967 fore entering the inter~,tion of Westway Drive and Graham Circle, 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 Council- man Pregler. Carried by the fol- lowing vote: Yeas-Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays-None. Councilman McCauley m 0 v e d that the rule requiring an Ordi- nance to be read on three sepa- rate days be waived. Seconded by Councilman Pfohl. Carried by the following vote: Yeas-Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays-None. ORDINANCE NO. 41-67 AN ORDINANCE AMENDING ORDI- ~~~frFI~O' drJ~ K~~WND6":UJ~~, IOWA" AS AMENDED, BY AMEND- ING SECTION A OF SCHEDULE X BY ADDING A NEW SUBSECTION 7 THERETO TO PROVIDE THAT NORTH BOUND MOTOR VEHICLES MUST YIELD BEFORE ENTERING THE IN- TERSECTION OF WESTWAY DRIVE AND GRAHAM CIRCLE. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE IOWA: Section 1. That Ordinance No. 33-49, known as the "Traffic Code of Du- buque, Iowa" as amended, be and the same Is herebv amended bv addillll a new subsection 7 to Section A of Schedule X thereof as follows: "SCHEDULE X A. Northbound vehicles must yield before entering the intersection of: 7. Westwav Drive and Graham Circle." Passed, adopted and approved this 17th dav of Julv, 1967. Richard Ludwig Mavor M. Svlvester McCaulev Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler Councilmen ~I I' Attest: Leo F. Frommelt City Clerk Published officiallv In The Telegraph- Herald Newspaper this 21st dav of Julv 1967. Leo F. Frommelt Citv Clerk. t. 7-2 Councilman McCauley m 0 v e d final adoption of the Ordinance. Seconded by Councilman Pregler. Carried by the following vote: Yeas-Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays-None. Leo F. Frommel City Clerk. Councilman McCauley m 0 v e d final adoption of the Ordinance. Seconded by Councilman Pregler. Carried by the following vote: Yeas-Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. NaYs-None. Councilman McCauley m 0 v e d that the reading just had be con- sidered the first reading of the Ordinance. Seconded by Council- man Pregler. Carried by the fol- lowing vote: Yeas-Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays-None. Councilman McCauley m 0 v e d that the rule requiring an Ordi- nance to be read on three sepa- rate days be waived. Seconded by Councilman Pfohl. Carried by the following vote: Yeas-Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays-None. ORDINANCE NO. 48-67 AN ORDINANCE AMENDING ORDI- NANCE NO. 33-49, KNOWN AS THE "TRAFFIC CODE OF DUBUQUE, IOWA" AS AMENDED, BY AMENDING SEC TlON A OF SCHEDULE III BY ADDING A NEW SUBSECTION 16 THERETO PROVIDING THAT EAST BOUND AND WESTBOUND MOTOR VEHICLES MUST STOP BEFORE ENTERING THE IN- TERSECTION OF OAK CREST DRIVE AND MAPLEWOOD STREET. NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Ordinance No. 33-49, known as the "Traffic Code of Dubuque, Iowa" as amended, be and the same Is herebv amended bv adding a new sub- section 16 to Section A of Schedule III thereof as follows: "SCHEDULE III. A. 16. Oak Crest Drive and Maple- wood Street." Passed, adopted and approved this 17th dav of Julv, 1967. Richard Ludwig Mavor M. Svlvester McCauley Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler Councilmen 7-21 Attest: Leo F. Frommelt Citv Clerk Published officiallv in The Telegraph- lierald Newspaper this 21st dav of Julv 1967. Leo F. Frommelt Citv Clerk. 11. 7-21 Councilman McCauley m 0 v e d final adoption of the Ordinance. Seconded by Councilman Pregler. Carried by the following vote: Yeas-Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays-None ORDINANCE NO. 42-'7 An Ordinance Amending Ordi. nance No. 33-49" known as the "TraHic Code of Dubuque, lowaf' as amended, by amending Sec. ORDINANCE NO. 41-'7 An Ordinance Amending Ordi. nance No. 33-49, known as the "Traffic Code of Dubuque, Iowa" as amended, by amend- ing Section A of Schedule X by adding a new subsection 7 there- to to provide that north bound motor vehicles must yield be- Special 350 ~I I 353 posed Contract; now therefore BE IT RESOLVED by the Coun- cil of the City of Dubuque, Iowa: Section 1. The proposed Con- tract, designated "Loan and Capi- tal Grant Contract, Contract No. Iowa R-15 (LG)," consisting of Parts I and II, under and subject to the provisions, terms, and con- ditions of which the Government will make a Project Temporary Loan, a Project Definitive Loan, and a Project Capital Grant un- der Title I of the Housing Act of 1949, as amended, to the Local Public Agency to aid in financing an urban renewal project, desig- nated Project No. Iowa R-15, situ- ated in the City of Dubuque, Iowa, is hereby in all respects approved. Section 2. The City Manager is hereby authorized and directed to execute said proposed Contract in two counterparts on behalf of the Local Public Agency, and the City Clerk is hereby authorized and di- rected to impress and attest the official seal of the Local Public Agency on each such counterpart and to forward such counterparts to the Department of Housing and Urban Development, together with such other documents relative to the approval and execution there- of as may be required by the Government. Section 3. The Local Public Agency agrees to abide by all of the provisions, terms, and condi- tions of said Contract. Section 4. With respect to this Project of the Local Public Agen- cy, designated Project No. Iowa R-15, there is hereby established a separate and special fund, desig- nated "Project Expenditures Ao count; Project No. Iowa R 15," which shall be maintained in a bank or banks which are members of the Federal Deposit Insurance Corporation. All funds which, by the terms of the Loan and Capital Grant Contract, are required to be deposited in said account shall be promptly deposited therein. Passed, adopted, and approved this 17th day of July, 1967. Richard Ludwig Mayor M. Sylvester McCauley Walter A. Pregler Councilmen Attest: F. Frommelt City Clerk Leo 17, 1967 Session, July WHEREAS, under Title I of the Housing Act of 1949, as amended, the United States of America (herein called the "Government") has tendered to the City of Du- buque (herein called the "Local Public Agency") a proposed Loan and Capital Grant Contract under which the Government agrees to make a Project Temporary Loan, a Project Definitive Loan, and a Project Capital Grant to the Local Public Agency to aid in financing an urban renewal project, de- scribed therein; No. Iowa R-15, in the urban renewal area described therein; and WHEREAS the Local Public Agency has given due considera- tion to said proposed Contract; and WHEREAS the Local Public Agency is duly authorized, under and pursuant to the Constitution and laws of the State of Iowa to undertake and carry out said Proj- ect and to execute such proposed Contract; and WHEREAS under said proposed Contract it is required, among oth- er things, that, with respect to said Project, the Local Public Agency shall promptly set up, and maintain in a bank or banks which are members of the Federal Deposit Insurance Corporation, a separate and special fund desig- nated "Project Expenditures Ac- count; Project No. Iowa R-15," into which shall be deposited cer- tain funds described in said pro- Councilman Pfohl moved that the proofs of service be received and filed and made a matter of record. Seconded by Councilman McCauley. Carried by the follow- ing vote: Yeas-Mayor men McCauley, Schultz. Nays-None. Council- Pregler, RESOLUTION NO. 213-67 Approving and providing for the execution of a proposed Loan and Grant Contract, numbered Contract No. Iowa R-15 (LG), between the City of Dubuque and the United States of Ameri- ca, pertaining to a certain proj. ect designated Project No. Iowa R15, and establishing a project expenditures account with re- spect to said project, and for other purposes. Special r Ludwig, Pfohl, Council- Pregler, July, Certificate of Service I, Edwin Lindauer, of the Police Department, of the City of Du- buque, hereby certify that on the 14th day of July, 1967, I served a true copy of the foregoing No- tice of Special Meeting on the following Councilmen of the City of Dubuque in the manner indi- cated. Name of Manner of Councilmen Service Mayor Richard Ludwig, 461 8th Ave. Personal delivery by squad car. Witness my this of July, 1967. Edwin Lindauer Patrolman Leo F. Frommelt City Clerk A copy of the above notice was delivered to Councilman M. Syl- vester McCauley by Patrolman Eugene Digman, Councilman El- don A. Pfohl by Patrolman Paul Zimmerman, Councilman Walter A. Pregler by Patrolman Paul Zim- merman, Councilman Merlin F. Schultz by Patrolman Edwin lind- auer. 14th day NOTICE OF SPECIAL MEETING To the City Council of the City of Dubuque, Iowa Notice is hereby given that a special meeting of the City Coun- cil of the City of Dubuque, Iowa, will be held at Council Chambers in City Hall, Dubuque, Iowa, the regular meeting place thereof, at 7:30 o'clock, P.M., on Monday, July 17, 1967, for the purpose of acting upon a resolution approving and providing for the execution of a proposed Loan and Capital Grant Contract between the City of Du- buque and the United States of America for the Downtown Urban Renewal Project, Iowa R-15, and for transacting any other business which may properly come before such meeting. Dated this 14th day of 1967. 1967 Mayor Ludwig moved adoption of the resolution. Seconded by Councilman McCauley. Carried by the following vote: Yeas-Mayor Ludwig men McCauley, Pfohl Schultz. Nays-None. F. Frommelt City Clerk hand Leo July 17, Session, RESOLUTION NO. 212-67 WHEREAS, the Mayor and City Clerk executed for and on behalf of the City of Dubuque an ease- ment granted by St. Regis Paper Company, a New York Corpora- tion, unto the City of Dubuque, Iowa an easement to place, con- struct, operate, repair and main- tain railroad track and appurten- ances, over, upon or along a cer- tain strip of land situated in Block 7 of Riverfront Subdivision #3 in the City of Dubuque and further described in said granting instru- ment; and WHEREAS, execution of said agreement by the Mayor and the City Clerk for and on behalf of the City of Dubuque, Iowa should be ratified and confirmed. NOW THEREFORE Be It Re- solved by the City Council of the City Council of the City of Du- buque, Iowa: Section 1. That the execution of the grant of easement agree- ment by and between St. Regis Paper Company, a New York Cor- p,oration, and the City of Du- buque, a municipal corporation of Dubuque County, State of Iowa, by the Mayor and City Clerk for and on behalf of the City of Du- buque, Iowa, be and the same is hereby ratified and confirmed. Passed, adopted and approved this 17th day of July, 1967. Richard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz, Eldon A. Pfohl Walter A. Pregler Councilmen Leo F. Frommelt City Clerk Council- Pregler, Councilman Pregler moved that the petition be referred to the City Manager and Electrical In- spector for investigation and re- port. Seconded by Councilman Schultz. Carried by the following vote Petition of George Saffran re- questing the erection of street lights in Marycrest Subdivision, north of Kaufmann Avenue, pre- sented and read. Special Yeas-Mayor Ludwig, men McCauley, Pfohl, Schultz. Nays-None. Attest 352 ~I I ill 1,1 1,1' ,II: ill I"II,'!', II'! Iii!' ii '1111' 1M ilil I1III irill !' :Ii:! 1'111 IIII Ililll I,,! ili!'! 'i'11: !w 355 1967 The Contractor will furnish all information and reports required by Executive Or- der 11246 of September 24, 1965, and by the rules, reg- ulations and orders of the Secretary of Labor or of the Secretary of Housing and Urban Development pursu- ant thereto, and will permit access to the Contractor's books, records, and accounts by the Agency, the Secretary of Housing and Urban De- velopment, and the Secre- tary of Labor for purposes of investigation to ascertain compliance with such rules, regulations and orders. In the event of the Con- tractor's noncompliance with the nondiscrimination clauses of this contract or with any of such rules, reg- ulations, or orders, this con- tract may be cancelled, ter- minated, or suspended in whole or in part and the Contractor may be declared ineligible for further gov- ernment contracts or feder- ally assisted construction contracts in accordance with procedures authorized in Ex- ecutive Order 11246 of Sep- tember 24, 1965, and such other sanctions may be im- posed and remedies invoked as provided in EKecutive Order 11246 of September 24, 1965, or by rule, regu- lation, or order of the Sec- retary of Labor, or as other- wise provided by law. The contract will include the provisions of paragraphs (a) through (g) of this Sec- tion in every subcontract or purchase order unless ex- empted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965 so that such pro- visions will be binding upon each subcontractor or ven- dor. The Contractor will take such action with re- spect to any construction contract, subcontract, or purchase order as the Agen- cy or the Department of Housing and Urban Develop- ment may direct as a means 17, Session, July (e) (g) (f) ployee or applicant for em- ployment, because of race, creed, color, or national ori- gin. The Contractor will take affirmative action to ensure that applicants are employed, and that em- ployees are treated during employment, without regard to race, creed, color, or na- tional origin. Such action shall include, but not be lim- ited to, the following: em- ployment, upgrading, demo- tion, or transfer; recruit- ment or recruitment adver- 'tising; layoff or termina- tion; rates of payor other forms of compensation; and selection for training, in- clUding apprenticeship. The Contractor agrees to post in conspicuous places, avail- able to employees and ap- plicants for employment, notices to be provided by the Agency setting forth the provisions of this nondis- crimination clause. The Contractor will, in all solicitation or advertise- ments for employees placed by or on behalf of the Con- tractor, state that all quali- fied applicants will receive consideration for employ- ment without regard to race, creed, color, or national origin. The Contractor will send to each labor union or repre- sentative of workers with which the Contractor has a collective bargaining agree- ment or other contract or understanding, a notice, to be provided; advising the labor union or worker's rep- resentative of the Contrac- tor's commitments under Section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in con- spicuous places available to employees and applicants for employment. The Contractor will comply with all provisions of Ex- ecutive Order 11246 of Sep- tember 24, 1965 and of the rules, regulations and rele- vant orders of the Secretary of Labor. Special (b) (c) (d) I ~I. 'l 17, 1967 RESOLUTION NO. 214-67 Assuring that the land to be retained in the Downtown Ur- ban Renewal Project, Iowa R.15 Section 3. The. Local !'ublic Agen- will be developed in accordance cy agre~s for Itself, ItS successor with the Urban Renewal Plan. and aSSIgns, and every successor WHEREAS, in accordance with in interest to the Property, or any the authority contained in Chap- part thereof that the redevelop- ter 403 of the 1966 Code of Iowa ment of the Property will com- the City of Dubuque (herei~ mence ~nd diligently proceed to called the "Local Public Agency") ?ompletlon so as to meet the ob- is entering into a Loan and Capi- ]ecbves of the Urban Renewal Plan tal Grant Contract Contract Num- to provide and meet the demand bered Iowa R-15 ' (LG), with the for required offstreet parking dur- Department of Housing and Urban ing the execution stage of the Development, United States of Project, and i~ any event the 1m- America (herein called the "Gov- provements wIll be completed by ernment"), for the undertaking of the c~mpletion date of. Project an Urban Renewal Project known ExecutIOn. The Local pubhc Agen- as the Downtown Urban Renewal cy further agrees and covenants Project Iowa R-15 (herein called that the Property herein will not the "p~oject") in an area (here- be used until the purchase price in called the "Project Area") 10- has been deposited to the credit cated in the City of Dubuque; and of the Project Temporary Loan WHEREAS there has been pre- Repayment Fund and that upon pared and approved by the Local said acquisition t~e Local Public Public Agency an Urban Renewal Agency shall prOVIde by Resolu- Plan dated May, 1967, for the tion for the times. for comme~ce- Project; and ment and compl~tIOn of the Im- WHEREAS, in order to achieve provements herem. the objectives of the Project, the Section 4. The Local Public Urban Renewal Plan provides for Agency agrees for itself, its suc- the retention by the Local Public cessors and assigns, and every suc- Agency of Redevelopment Areas cessor in interest to the Property, four, five and seven (herein col- or any part thereof, that the Local lectively called "Property") for Public Agency and such successors use and redevelopment as public and assigns, shall parking facilities; now therefore (a) Devote the Property to and B.E IT RES<?LVED By the Coun- only to and in accordance cIl of the CIty of Dubuque, Iowa: with, the uses specified Section 1. That the purchase in the Urban Renewal Plan price which ~hall be determined as the same may be here: to be the faIr market value for after amended from time the use contemplated in the Ur- to time; and ban Renewal Plan of the Property (b) Not discriminate upon the shall be based upon two independ- basis of race color creed ent reuse appraisal~ concurred in or national ~rigin 'in the by the Local pubhc Agency and sale lease or rental or in the Government, and shall be paid the ' use or occupancy by t~e Local Public Agen~y upon "..................... Equal Employment receIp~ of such concurred 10 price. Opportunity. During the perform- . Section 2. '!hat the Local Pub- ance of this contract, the Contrac- hc Agency wIll develop the Pro- tor agrees with the Public Body perty by construction thereon of as follows: surfaced. parking lots with trees, (a) The Contractor will not dis- landscapmg, hedges and parking criminate against any em- July meters (herein collectively called the "Improvements") and all plans and specifications and all work by the Local Public Agency with respect to such redevelopment of the Property and the construction or the making of other improve- ments thereon, if any, shall be in conformity with the Urban Re- newal Plan and all applicable state and local laws. Session, Pfohl, Mayor Ludwig moved adoption of the resolution. Seconded by Councilman McCauley. Carried by the following vote: Yeas-Mayor Ludwig, Council men McCauley, Pregler. Nays Councilmen Schultz. Special 354 357 Passed, adopted and approved this 17th day of July, 1967. Richard Ludwig Mayor M. Sylvester McCauley Walter A. Pregler Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman McCauely. Carried by the following vote: Yeas-Mayor Ludwig, Council- men McCauley, Pregler. Nays~Councilmen Pfohl, Schultz. WHEREAS, the City of Dubuque is entering into a Loan and Capi- tal Contract with the United States of America for the undertaking of the Downtown Urban Renewal Project, Iowa R-15, 1967 RESOLUTION NO. 215-67 Approving the transfer of cer- tain funds for the undertaking of the Downtown Urban Renew. al Project, Iowa R-15. 17, Session, July litigation a or vendor a direction by the Agency or Department of Housing and ban Development, the Contrac- tor may request the United States to enter into such liti- gation to protect the interests of the United States." subcontractor result of such the Ur- successors and assigns, agrees that it will include the following pro- visions of this Section 8 in every contract or purchase order which may hereafter be entered into be- tween the Local Public Agency and any party (herein in this Sec- tion called "Contractor") for or in connection with the construc- tion of the Improvements, or any part thereof, unless such contract or purchase order is exempted by rules, regulations, or orders of the Secretary of Labor issued pursu- ant to Section 204 of Executive Order 11246 of September 24, 1965: with as Special July 17, 1967 shall run in favor of the Local Public Agency and the United States for the entire period dur- ing which such agreements and covenants shall be in force with- out regard to whether the Local Public Agency or the United States is or has been an owner of any land or interest therein to, or in favor of, which such agree- ments and covenants relate. The Local Public Agency shall have the right, in the event of any breach of any such agreement or covenant, and the United States shall have the right in the event of any breach of the covenant pro- vided in subsection (b) of Section 4 to exercise all the rights and remedies, and to maintain any ac- tions or suits at law or in equity or other proper proceedings to en- force the curing of such breach of agreement or covenant, to which it or any other beneficiaries of such agreement or covenant may be entitled. ~I I I WHEREAS, pursuant to said con- tract and such undertaking, it is necessary that certain funds be transferred to facilitate the carry- ing out of project activities: NOW THEREFORE BE IT RESOLVED by the City Council of the City of Dubuque, Iowa: S,ection 1. That the transfer of funds now credited to the follow- ing accounts to the accounts in- dicated is hereby approved, and the City Auditor be and he is hereby authorized and directed to issue the necessary warrants to effectuate the necessary transfer. 86,659.00 3,780.00 100,000.00 .$103,780.00 Accounts from Which Transfers to Be Made Liquor Sales Profit Account ................... .$17,121.00 General Fund Land Sales Account Total ....................$103,780.00 Accounts to Which Transfers Are to Be Made Rent Supplementation Account, Iowa R-15....$ Project Expenditures Account; Project No. Iowa R-15 Total For the purpose of including such provisions in any construc- tion contract or purchase order, as required by this Section, the term "Public Body" and the term "Contractor" may be changed to reflect appropriately the name of designation of the parties to such contract or purchase order, and the term "Agency" may likewise be changed to reflect appropriate- ly the name or designation of the party referred to in the Agreement as "Agency." Section 9. This resolution is adopted for the purpose of in- ducing the Department of Hous- ing and Urban Development to issue its approval of the retention of the said Property for the pur- pose intended against payment of the Purchase Price, and for the purpose of creating the covenants running with the land as set forth and listed in Section 5 and in order to accomplish same the City Clerk of the City of Dubuque is hereby authorized, empowered and directed to cause a certified copy of this resolution to be recorded among the land records in the office of the Recorder of Dubuque County, State of Iowa, after the Local Public Agency has acquired title to the said Property. Section 7. That the Local Pub- lic Agency, nor any successor or assign shall be considered in breach of or in default under its obligations with respect to the preparation of Property for rede- velopment, or the beginning or completion of construction of the Improvements, or progress in re- spect thereto, in the event of en- forced delay in the performance of such obligations due to unfor- seeable causes beyond its control and without its fault or negli- gence, including, but not restrict- ed to, acts of God, acts of the public enemy, acts of the Govern- ment, fires, floods, epidemics, quarantine restrictions, str,i,kes, freight embargoes, and unusual- ly severe weather, or delays of contractors and subcontractors due to such causes; it being the pur- pose and intent of this provision that, in the event of the occur- rence of any such enforced de- lay, the time or times of perform- ance of the obligations of the Local Public Agency with respect to purchase of the Property or construction of the Improvements, as the case may be, shall be ex- tended for the period of the en- forced delay. Section 8. That the Local Pub- ~ic Agency, for itself, and its Section 5. It is intended and agreed that the agreements and covenants provided in Section 4 shall be covenants running with the land and that they shall, in any event, and without regard to technical classification or desig- nation, legal or otherwise, be, to the fullest possible extent per- mitted by law and equity, bind- ing for the benefit and in favor of, and enforceable by the Local Public Agency, its successors and assigns, and the United States (in the case of the covenant provided in subsection (b) of Section 4), against the Local Public Agency, its successors and assigns, and every successor in interest to the Property or any part thereof or any interest therein, and any party in possession or occupancy of the Property or any part thereof. It is further intended and agreed that the agreement and covenant provided (a) in subsection (a) of Section 4 shall remain in effect for twenty (20) years (at which time such agreement and covenant shall terminate), and (b) in sub- section (b) of Section 4 shall re- main in effect without limitation as to time. Section 6. In amplification, and not in restriction, of the provisions of the preceding Section, it is intended and agreed that the Local Public Agency and its successors and assigns shall be deemed ben- eficiaries of the agreements and covenants provided in Section 4, and the United States shall be deemed a beneficiary of the cove- nant in subsection (b) of Section 4, both for and in their or its own right and also for the purposes of protecting the interests of the com- munity and the other parties, pub- lic or private, in whose favor or for whose benefit such agreements and covenants have been provided. Such agreements and covenants Session, of enforcing such provi- sions, including sanctions for noncompliance: Provid- ed however, that in the event the Contractor be- comes involved in, or is threatened with, of the Pro- perty or any Improvements erected or to be erected thereon, or any part there- of. Special 356 I 359 in the budget, has been included. Construction, such as the new water pumping station, not pre- viously budgeted, has been in- cluded. As a result, the budget recommendation is a more com- plete picture of the "total" City program. The recommendation includes a three percent pay increase for all City employees, an extra holiday to be taken on Veterans' Day, and three weeks vacation after ten years of service instead of the previous requirement of twelve years. The pay increase was ar- rived at by costing several plans and selecting that one which the City could afford within the statu- tory limit of 30 mills taxation on property. The budget recommend- ation is 0.0356 mills under the legal limit. The budget recommendation does not include the expenditures which have been made for past emergency flood protection. Sev- eral days ago I was informed by phone that the Federal Office of Emergency Planning had approved a final payment to the City in an amount which is sufficient to cover the deficit due to the 1965 flood. It is expected that the Fed- eral payment will be made soon. The $386,000.00 outstanding cost of the 1967 flood will be financed through borrowing. This bud get recommendation is the work of the men and women of the Departments and Commissions. It was put into final form by the budget committee, Mr. Frommelt, Mr. Holscher, Mr. Slat- tery and the City Manager. It is presented to you as best repre- senting the needs of the City. Respectfully submitted, Gilbert D. Chavenelle City Manager Councilman Pregler moved that 'the communication be received and filed. Seconded by Council- man McCauley. Carried by the following vote: Yeas-Mayor Ludwig, men McCauley, Pfohl, Schultz. Nays-None. RESOLUTION NO. 218067 WHEREAS the City Manager has submitted a Budget Estimate as provided in Chapter 24 of the 1966 Code of Iowa and the City Council Pregler 1967 Session, July 17, 983.00 will be paid of out City funds. It includes $839,691.00 cost of improvements to be made in the Project Area by the City. to 1967, the pertinent Compared figures are: 1) The property tax rate increase is: 1.2777 mills. 2) The property tax levy increase is: $234,277.00. 3) The increased assessed valu- ation is: $3,069,819.00. Further, the increase in the tax rate is due to: 1) Increased City cost of em- employees retirement: 0.5403 mills. 2) Increased principal and inter- est payments: 0.0920 mills. 3) All other expense: 0.6454 mills. Total: 1.2777 mills. This means that the owner of an average house, assessed at $4,000.00, will pay an increased tax over 1967 of $5.11. Namely: 1) Increased retirement benefits for employees: $2.16. 2) Increased debt payment, name- ly, flood wall: $0.37. 3) All other services: $2.58. Total: $5.11. It should be pointed out that the retirement plans are enacted by the State Legislature and that the City of Dubuque has no sig- nificant control over their cost. Regardless of this situation, I am certain all agree that improved retirement benefits for Dubuque employees are long over-due. Similarly, I am certain all agree that the benefits of the flood wall are worth an increase of 37 cents to the average taxpayer, if for no other reason than to prevent a repetition of the $1,280,302.00 emergency flood cost which has been spent during the past three years. This budget recommendation provides for the improvements downtown and the services need- ed throughout the community. For example, tree disease control has been increased, the planning func- tion stepped up, and $192,000.00 has been ear-marked for street construction in the outer areas. This budget recommendation is a departure from previous bud- gets. For the first time, the refuse landfill has been set up as a sepa- rate operation. The sewage plant landfill, not previously included Special Council Pregler 1967 To the Honorable and City Council Gentlemen: In accordance with the Code of Iowa, 1962, Chapter 363 C. 7, para- graph 16, I submit to you the bud- get recommendation for the year 1968- The total expense requirement is $10,055,648.00. It can be fi- nanced with a tax rate of 38.2817 mills levied on an estimated $94,- 449,525.000 value of property sub- ject to the property tax. The total expense includes $2,- 577,665.00 Urban Renewal Project expense. The balance of $7,477,- Council- Pregler, RESOLUTION NO. 217.67 WHEREAS, the City Council of the City of Dubuque, Iowa, deems it necessary that an Assistant City Attorney be appointed to assist the present City Attorney; and WHEREAS, William A. Conzett, Attorney at Law, Dubuque, Iowa, should be appointed such Assistant City Attorney. NOW THEREFORE Be It Re- solved by the City Council of the City of Dubuque, Iowa: Section 1. That William A. Con. zett, Attorney at Law, Dubuque, Iowa, be and he is hereby appoint- ed Assistant City Solicitor of the City of Dubuque, Iowa, and that his annual salary be and the same is hereby fixed at $4500.00, and that he file the required bond in the amount of $1000. Passed, adopted and approved this 17th day of July, 1967. Richard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Walter A Pregler Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Mayor Ludwig. Carried by the following vote: Yeas-Mayor Ludwig, men McCauley, Pfohl, Schultz. N ays-N one. July 17, Mayor 1967 Yeas-Mayor Ludwig, men McCauley, Pfohl, Schultz. Nays-None. Session, July 17, RESOLUTION NO. 216-67 Resolution approving Plat show. Easementts for Railroad Right of Way over Lot 1 and Lot 2 of 2, both in Block 6 of Riverfront Sub. No.3. WHEREAS there has been filed with the City Clerk a plat in which easements for railroad right of way over Lot 1 and Lot 2 of 2, both in Block 6 of Riverfront Sub. No. 3 is platted with easements over Lot 1 of Block 6 and Lot 2 of Lot 2 of Block 6 in Riverfront Subdivision No. 3 in the City of Dubuque, Iowa and, WHEREAS said plat has been examined by the City Council and they find the same conforms to the Statutes and Ordinances reo lating thereto NOW, THEREFORE, Be It Re- solved by the City Council of the City of Dubuque, Iowa: Section 1. That the above de. scribed plat be and the same is hereby approved and the Mayor and Clerk be and they are hereby authorized and directed to en- dorse the approval of the City upon said plat. Passed, adopted and approved this 17th day of July, A.D., 1967. Richard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler Councilmen Attest: Leo F. Frommelt City Clerk Councilman Schultz moved adop- tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Passed, adopted and approved this 17th day of July, 1967. Richard Ludwig Mayor M. Sylvester McCauley Walter A. Pregler Councilmen Attest: Leo F. Frommelt City Clerk Councilman McCauley m 0 v e d adoption of the resolution. Sec- onded by Mayor Ludwig. Carried by the following vote: Yeas- Mayor Ludwig, Council- men McCauley, Pregler. Nays-Councilmen Pfohl, Schultz. Special 358 361 Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Pfohl. Carried by the following vote: Yeas - Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays-None. There being no further business Councilman McCauley moved to ad- journ. Seconded by Councilman Schultz. Carried by the fOllowing vote: Yeas - Mayor men McCauley, Schultz. Nays-None. Adopted Council- Pregler, Ludwig, Pfohl Leo F. Frommelt, City Clerk 1967 .......1967 1967 Session, July 17, Approved Passed, adopted and approved this 17th day of July, 1967. Richard LUdwig Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A Pfohl Walter A. Pregler Councilmen Attest: Leo F. Frommelt, City Clerk Mayor LUdwig moved adoption of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor men McCauley, Schultz. Nays-None. RESOLUTION NO. 221-67 WHEREAS, applications for Beer Permits were filed by the within named applicants and they have re- ceived the approval of this Council; and WHEREAS, the premises to be occupied by such applicants were inspected and found to comply with the ordinances of this City and they have filed proper bonds: NOW THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the Manager be and he is hereby directed to issue to the following named applicants a Beer Permit. Council Pregler Special Ludwig, Pfohl, Session, July 17, 1967 ettes within the City of Dubuque, Iowa, be granted a permit to sell Cigarettes and Cigarette Papers within said City. Thompsons Food Market, Inc., 744 Main Street Fred Ansel, 1100 Lincoln Avenue Lloyd Collins, 30 Locust Street Clyde L. Bradley, 3198 Central Av- enue BE IT FURTHER RESOLVED that the bonds filed with the ap- plication be approved. Passed, adopted and approved this 17th day of July, 1967. Richard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler Councilmen Council Pregler Attest Leo F. Frommelt, City Clerk Councilman McCauley moved ad- option of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Ludwig, men McCauley, Pfohl Schultz. Nays-None. Phillip Langes, 1105 Loras Blvd. Max Rettenberger, 90 South Locust Street 22nd Catherine M. Meyer, 530 East Street ...................... Councilmen Attest: CLASS "B" BEER PERMIT Willard J. Driscoll, 509 Eighth Avenue Mrs. Catherine Lester, 1322 Central Avenue Catherine M. Meyer, Street CLASS "c" BEER PERMIT Thompsons Food Market, 744 Main Street BE IT FURTHER RESOLVED THAT THE BONDS FILED by such applicants be and the same are hereby approved. Passed, adopted and approved this 17th day of July, 1967. Richard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler Councilmen ..................... City Clerk 22nd 530 East RESOLUTION NO. 220-67 WHEREAS, applications for Beer Permits have been submitted to this Council for approval and the same have been examined: NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the following applica- tions be granted and licenses be issued upon the compliance with the terms of the ordinances of the City. CLASS "B" BEER PERMIT Willard J. Driscoll, 509 8th Avenue Mrs. Catherine Lester, 1322 Central Avenue Catherine M. Meyer, 530 East 22nd Street Council has been duly considered and caused to be prepared the bud- get estimate of expenditures for the fiscal year beginning January 1, 1968 and ending December 31, 1968, as a basis for the tax levy for the year 1967, the same to be collected in the year 1968, and said budget having been duly ap- proved by it. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: '"That said Budget Estimate be and the same is hereby ordered filed in the office of the City Clerk of the City of Dubuque, Iowa and the date of public hearing thereon is hereby fixed as the 7th day of August 1967 at 7:30 o'clock P.M. Daylight Saving Time, in the Council Chamber at the City Hall. BE IT FURTHER RESOLVED that said Clerk be and he is hereby directed to cause said budget esti- mate of expenditures to be pub- lished in the official newspaper of the City of Dubuque and the offic- ial notice to be given of the time and place, when and where said Budget Estimate will be consider- ed by said Council for final adop- tion at which time and place tax- payers will be heard for or against said estimate, said publication to be not less than ten (10) days be- fore said date of hearing. Passed, adopted and approved this 17th day of July 1967. Richard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler Councilmen Special 360 Council- Pregler, Attest: Leo F. Frommelt, City Clerk Councilman Pfohl moved adop- tion of the resolution. Seconded by Mayor Ludwig. Carried by the fol- lowing vote: Yeas - Mayor Ludwig, men McCauley, Pfohl, Schultz. Nays-None. Attest: Leo F. Frommelt, City Clerk PERMIT 744 Main BEER Food Market, CLASS "c" Thompson's Street RESOLUTION NO. 219-67 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- . I