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1967 June Council Proceedings t II 267 the only remaining channel has now progressed to the point that bids can be let and actual con- struction begun. The rebuilding of the WGN Channel 5, microwave link is progressing. The Company has earnestly en- deavored to make available to the Council whatever financial data it feels necessary to a proper deci- sion upon rates. Under Sec. 23 of Ordinance 25-63, it has turned over all of its financial records for examination, so that this Council may discharge its duty under Sec 9 of that Ordinance which Pro vides: Mr. Robert L. Loos addressed the Council by stating the local TV system now has ten off-air chan- nels and a weather channel. Ser- vice complaints have been reduced and the whole system is now in a position to give the citizens the finest in television. Mr. Davis, the TV representative from California and Treasurer of the Company stated that the cost increase is "Rates charged by the Company for service hereunder shall be fair and reasonable and designed to meet all necessary costs of service, including a fair rate of return on net valuation of its properties de- voted thereto under efficient and economic management." Because the existing rates do not meet that schedule, on the basis of the increased capital investment of the Company, together with the increased costs it has incurred by improvements and expansion of its service to its customers, appli- cation is hereby made for a rate increase of fifty cents (5~) per month over the rates now in effect to all subscribers, such increase to be effective March 1, 1967. Respectfully submitted, DUBUQUE TV-FM CABLE COMPANY, By Robert L. Loos Its General Manager Councilman Pregler moved sus- pension of the rules to allow any- one present to address the Coun- cil if they so desire. Seconded by Mayor Ludwig. Carried by the fol- lowing vote: Yeas - Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler. Nays--None. Absent-Councilman Schultz. Regular Session, June 5, 1967 CITY COUNCIL Regular Council (D.S.T.) Present Councilmen Pregler. City Manager enelle. Absent - Councilman Schultz. Mayor Ludwig read the call and stated that service thereof had been duly made and this meeting is the regular monthly meeting of the City Council called for the pur- pose of acting upon such business as may properly come before the meeting. To the Honorable Mayor and City Council of the City of Dubuque, Iowa Since the hearing last month upon the then pending application of Dubuque TV-FM Cable Compa- ny for rate increase and the de- nial thereof at that time, certain developments have occurred which compel the Company to file this application for such increase. At the time of hearing upon the for- mer application, Council members indicate that further financial in- formation was desired as to the Company's rate of return on its investment, and further time to consider such information which was then before the Council. It was further indicated that final consideration of rates should be deferred until such time as the service furnished by the Company was expanded by the actual addi- tion of channels involved in FCC litigation. Those channels were: WHBF, Rock Island, on Chan- nel4; WQAD, Moline, on Channel 8; WREX, Rockford, on Channel 13; and WHA, Madison, on Channel 12. The FCC has now approved the additional channels for Dubuque cable service, and they will com- mence operation Sunday, January 22, 1967. Eleven of twelve avail- able channels will then be in use. The Company's project to create a local public service facility on Ludwig, Pfohl, 1967. P.M. Chav- Session, June 5, met at 7:30 D. Mayor McCauley, Gilbert OFFICIAL Ito. 269 ager be approved. Councilman Pregler. following vote: Yeas-Mayor Ludwig, Council- men McCauley, Pfohl, Pregler. Nays--None. Absent - Councilman June 5, Mayor by the To the Honorable and City Council Gentlemen: I am returning to you the peti- tion for street lights on Brueck Road. The area has been investigated and it is recommended that a 175 watt mercury vapor light be in- stalled at the intersection of BIas- en and Brueck and a second light at 2829 Brueck. Respectfully requested, Gilbert D. Chavenelle City Manager Mayor Ludwig moved that the recommendation of the City Man- ager be approved. Seconded by Councilman Pregler. Carried by the follOwing vote: Yeas - Mayor Ludwig, Council men McCauley, Pfohl, Pregler. Nays-None. Absent-Councilman Schultz. 1967 Schultz. 1967 Seconded Carried by June 2, Mayor Regular Session, June 5, 1967 Saunders-Route to schoo St. Anne's Dr. - To complete sidewalks along street Theisen - Requested to complete sidewalks along street Tressa - Requested to complete sidewalks along street Viola-Route to school I respectfully request that your honorable body approves this list so that notices can be sent to these property owners requesting that they have sidewalks construct- ed along their property by April 30, 1968. Sincerely, John L. White City Engineer Councilman Pregler moved ap- proval of the Engineer's recom- mendation and request. Seconded by Councilman McCauley. Carried by the following vote: Yeas - Mayor Ludwig, Council men McCauley, Pfohl, Pregler. Nays-None. Absent-Councilman Schultz. To the Honorable and City Council, Gentlemen: This is to advise that I have ap- proved the following policy and bonds and desire to have your ap- proval on same. James pany Hillcrest Builders, Inc., Hawkeye- Security Insurance Company David Schreiber, Merchants Mutual Bonding Company Respectfully, Gilbert D. Chavenelle, City Manager Councilman Pfohl moved approv- al for filing subject to approval of the City Attorney. Seconded by Councilman McCauley. Carried by the following vote: Yeas - Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler. Nays--None. Absent-Councilman Schultz. COMPREHENSIVE LIABILITY Fondell & Sons, Inc., Bituminous Casualty Corporation SIDEWALK Hennessy, Iowa Surety Com- Gentlemen I submit to you the report of the Peoples Natural Gas Division. Respectfully, Gilbert D. Chavenelle, City Manager Councilman McCauley moved that the report be received and filed. Seconded by Councilman Pfohl. Carried by the following vote: Yeas - Mayor Ludwig, Council men McCauley, Pfohl, Pregler. Nays-None. Absent-Councilman To the Honorable and City Council Gentlemen: I am returning to you the peti tion of Mr. and Mrs. Karigan for a street light in the area of 1745 Loras. The area has been investigated and it is recommended that a 175 watt mercury vapor light be in- stalled on Loras between Atlantic and Auburn Streets. Respectfully requested, Gilbert D. Chavenelle, City Manager Mayor Ludwig moved that the recommendation of the City Man- 1967 June 2, Mayor To the Honorable and City Council Regular Session, June 5, 1967 be received and filed. Seconded by Councilman Pfohl. Carried by the following vote: Yeas - Mayor Ludwiig Coun- cilmen McCauley, Pfohl, Pregler. Nays-None. Absent-Councilman Schultz. Communication of Sam Pusateri of 2425 Green Street, objecting to the ineffectiveness of the dog or- dinance and the inefficiency of the dog warden to pick up a St. Ber- nard dog that has been roaming the neighborhood for some time, presented and read. Mr. Pusateri addressed the Council objecting to owners letting their dogs run at large. With the advent of school vacation roaming dogs will harass more and more children. Mr. Pusa- teri was assured that everything possible is being done to enforce the Ordinance. Mayor Ludwig moved that the communication be received and filed. Seconded by Councilman Mc- Cauley. Carried by the following vote: Yeas - Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler. Nays-None. Absent-Councilman Schultz. June 1967 Mayor Schultz. 1967 ~ 1 Schultz. Mayor Ludwig further moved that the effective date on TV in- crease be July 1, 1967. Seconded by Councilman Pregler. Carried by the following vote: Yeas--Mayor Ludwig, Council men McCauley, Pfohl, Pregler. Absent-Councilman Schultz. 268 like any other business and made quite a plea for an increase in rates. Presently the company real- izes 9.6% on property and 13.6% on sales. Mr. Eugene C. Lang, the utilities consultant hired by the City, stated that operating costs should include interest charges. At- torney Hal Reynolds asked what is the duty of the Council. The Coun- cil should follow the recommenda- tion of the consultant, who stated that a rate increase in monthly charges as requested be approved. The Council also has a duty both to the public and applicant. Coun- cilman Pregler moved that an increase in the subscription rate to TV Cable Company of 25\!! across the board to all subscribers be granted. Seconded by Councilman Pfohl. Carried by the following vote: Yeas - Mayor Ludwig, Council men McCauley, Pfohl, Pregler. Nays-None. Absent-Councilman June 2, Mayor Honorable Council Gentlemen The following is a list of streets which all or part of do not have sidewalks along them. For differ- ent reasons which are listed below, these streets have been put on this list and should have sidewalks con- structed along them. Street Reason why street is on program Apple-Requested because of route to school Auburn - Requested because of route to school Crissy Drive-To complete side- walk along street Eagle-Route to school Emerson-Requested Esther-Requested Hamilton-Requested Karen - To complete sidewalks along street Mullen Road-To complete side- walks along street Oakcrest Drive-To complete side- walks along street Primrose-To complete sidewalks along street To The and City Communication of Iowa State University advising of the avail- ability to secure advisory service to incorporate more tornado and radio active fallout shelter pro- tection in the contsruction of new buildings, presented and read. Ma- yor Ludwig moved that the com- munication be referred to the City Manager and Civil Defense Di- rector. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler. Nays-None. Absent-Councilman Schultz. Communication of Joe P. Miller .of 2196% Central Ave. objecting to the unsanitary conditions in the yard area to the rear of the tavern near the same address, presented and read. After assurance was giv- en that the owner of the premises has been notified and the com- plaint is being handled by the proper city department Mayor Lud- wig moved that the communication ~ 271 was observed in the subject build- ing's foundation. Inspection of the interior of the foundation showed little deteriora- tion inside the building at the basement level. Solid masonry and sound joists were generally observ- ed. There is an area near the southwest corner of the building which had eroded and it appears that some settlement could have occured there. It is possible that this is a significant cause of many of the cracks that have developed in the exterior of the building on the south and west elevations. The sidewalk in front of this building is made of stone slabs supported by structural steel. The structural steel is extremely deter- iorated. The safety of this sidewalk is questionable. The east face of this building has many windows and many criti- cal structural cracks. This wall ap- pears extremely fragile. A wall of this nature will probably stand as long as no external force is ap- plied against it. In summary there are five serious structural condi- tions which made this building un- safe at the present time. 1. The tendency of the west wall of the building to bulge outward at the second floor line. 2. The tendency of the south wall of the building to lean outward at its top. 3. The serious deterioration of the brick work at the base of the south wall. 4. The active cracks in the south wall of the building. 5. The static cracks in the three ex- posed walls of this building: It is my opinion that the first four of these structural conditions demand immediate attention. I be- lieve that the continued deteriora- tion of the brick work on the south wall of this building will eventual- ly cause a failure. It is impossible to predict whether or not this failure will occur before some ex- ternal force causes a sudden col- lapse. It can be said that any change in surrounding conditions would produce a very serious ef- fect on the stability of this build- ing. Sincerely, Donald P. McGinn & Associates, Architects and Engineers January 30, 1967 DPM:mjt Regular Session, June 5, 1967 ing and found it to be approxi- mately 20 feet. We found the north edge of the main floor to be approximately 5 inches higher than the south edge of the main floor. This slope is also noticeable in the ceiling and by measurement we determined that it is practically equal to the slope of the floor. Complete access to the upper floor was denied, but from our observa- tions this ou1(-oHevel condition exists throughout the building. From the exterior, using a trans- it, we determined that the south wall of the building leans south- ward at its top by at least 6 in- ches, and we determined that the west wall of the building is bUlging westward near the second floor level. On the west evelation, we also observed that the joint be- tween this building and the build- ing immediately north of it is no- ticeable more open toward the top of the building than it is near the sidewalk. It appears that the entire building has shifted to the south. We were not able to deter- mine the cause of this shift. It could be due to any number of factors, but generally I would at- tribute it to settlement of the south foundation. We observed cracks in the south wall of the building especially near the west face which indicated to us a long history of movement. Our observations also indicated that the movement is continuing today. Examination of the south wall of the building near the main floor line indicated serious deter- ioration of the brick work where it jOins the stone foundation. The effective bearing area of the main brick bearing wall has been re- duced substantially by the deter- ioration. This is a serious con- dition. The stone foundation is in rea- sonable condition, but it is being subjected to deteriorating frost action in its present condition. Water falls between the building's foundations and the foundation of a building which had been located to the south of it. This water freez- es and experts pressure against both foundation walls. The founda- tion wall to the south of the sub- ject building is being pushed far- ther south. No specific movement Regular Session, June 5, 1967 These cracks show new failures, the mortar is popping out, and the increased separation is clearly vis- ible. The front on the first floor is mostly glass. The front wall is sup- ported on an iron beam which rests on columns on the north and south corners of the building. This is the area that is in danger of letting go which would allow the whole front of this four story building to fall. The building on the alley side is five stories high. There is a base- ment and a sub-basement. The rear wall is very much in need of re- pair. Window glass is missing in the upper floors. We believe this building is dan- gerous to the occupants and the general public and I hereby notify you to engage the services of a competent engineer or architect and as soon as possible to correct this condition. Donald J. Bandy, Building Commissioner Mr. Ming questioned the report and said he had several contractors and engineers examine the build- ing, who said it was not dangerous. Mr. Ming would not identify these people. The Building Commissioner talk- ed to me about this building and requested permission to hire an engineer to inspect the building and present a written report. Mr. Donald P. McGinn did in- spect this building and on January 30, 1967 presented a written re- port which substantiated the report of the Building Commissioner. MR. DONALD J. BANDY, Dubuque Building Commissioner Dubuque City Hall 13th and Central Avenue Dubuque, Iowa 52001 RE: Onyx Restaurant Building 280 Main Street Dubuque, Iowa 52001 Dear Mr. Bandy: I have inspected the structure at 280 Main Street, as you requested, and I have made the fOllowing ob- servations. The structure is essentially as you have described it in your letter of January 7, 1967 to Mr. L. Ming and Marilyn Wong. The Building has a definite lean to the south. We measured the width of the interior of the build- This has caused the wall to fail again. There are about five or six vertical cracks in the first fifteen feet of this wall above the founda- tion and they extend to about twen- ty feet above the foundation. The south wall on the Main Street side appears to be in danger of collapse. The original failure began many years ago. At that time, channels were cut in the front fifteen foot of the south wall and wall ties inserted with stars on the front of the building. The channels were re-bricked and the brick section is very visible. Since that time, the bottom five or six courses of brick at the foun- dation line have deteriorated. An area about sixty foot in length is almost entirely unsupported on the rock foundation. Complete sections about six foot in length are miss- ing and you can see almost through the wall. 1967 On January 5, 1966, an inspec- tion was made of the exterior of your building located at 280 Main Street on South 22' of City Lot 8. The inspection was made be- cause of several contractors and citizens calling our attention to what they deemed a dangerous con- dition. During the past year several complaints have been received re- garding the condition of a building located at 280 Main Street owned by L. Ming and Marilyn Wong. I directed the Building Depart- ment to make an inspection of this building. On January 5, 1966 an inspec- tion was made of this building and on January 7, 1966 a letter was given to Mr. Ming stating the con- ditions that were present and giv- ing notice that steps should be ta- ken to correct the dangerous con- ditions. May 29, 1967 Mayor 7, January L. Ming Marilyn Wong Onxy Restaurant 280 Main Street Dubuque, Iowa Dear Madam and Sir 270 To the Honorable and City Council Dubuque, Iowa Gentlemen cr'"'~\litlii, *'''~, will submit their report to the State Fire Marshall and he will submit a report of the findings to the City. The violations found by the City staff were reported to the owners. These will be corrected. Any ord- ers issued by the State Fire Mar- shal's office will be carried out. Respectfully submitted, Gilbert D. Chavenelle, City Manager Councilman Pregler moved that the communication of the City Manager be received and filed. Sec- onded by Mayor Ludwig. Carried by the following vote: Yeas - Mayor Ludwig, Council men McCauley, Pfohl, Pregler. Nays-None. Absent-Councilman Schultz. 273 Regular Session, June 5, 1967 also that he now has an opportun- ity to seek advice prior to the hearing set for July 3, 1967. Mr. Dale BIy of 795 Montcrest objected to the unsightly condition of property located next to theirs and owned by a contractor. The property is a storage area for old lumber and broken down trucks. Communication of Martin West- erfield of 725 Kelly Lane reciting the duties of the City Manager un- der Section 363 C.7 of the Code of Iowa as to the enforcement of laws and Ordinances of the munici- pality, requesting dismissal of the present Manager, and seeking to replace him with a new City Man- ager under instructions to straight- en out City Hall, enforce our codes and ordinances, and restore badly needed economy to our localgov- ernment, presented and read. Councilman McCauley moved that the communication be received and filed. Seconded by Mayor Ludwig. Carried by the following vote: Yeas - Mayor Ludwig, Council- men McCauley, Pfohl. Nays - Councilman Pregler. Absent - Councilman Schultz. Mr. Martin Westerfield address- ed the Council by stating that the Planning & Zoning and the Board of Adjustment has no authority to adjust conditions contrary to State Law and requirement, more partic- ularly as to regulations of gasoline service stations and bulk plants. 5, 1967 Gentlemen We have received a petition for street lights in Sunset Park Sub- division No.2, Section 3. The area has been investigated and it is recommended that ped- estal type, 175 watt mercury vapor lights be installed at the follow- ing locations: June Mayor To the Honorable and City Council Mr. Robert Reiter of 580 Alta Vista objected to the unsightly con- dition of the property to the rear of their home. Mrs. Johnson ob- jected to the condition of the prop- erty occupied by Wilhelm Exca- vating Co. on the corner of Prissy and New Haven streets. Mr. Jerry Kramer of 860 Pleasant street ob- jected to the unsightly condition of the property and storage lumber yard on Columbia street. Mr. Rich- ard Upton, secretary for the Cham- ber of Commerce, that the code en- forcement be left up to the City staff and volunteered help from the Chamber. The Council agreed to view the properties aforemen- tioned. June 5, 1967 Mayor Gentlemen At the Council meeting of May 22nd you instructed me to report on the enforcement of regulations covering the handling and storage of flammable liquids which was brought to the attention of the Council by Mr. Westerfield's let- ters of May 1st and May 22nd. I am enclosing a letter from Mr. Dunphy and Mr. Bandy, dated May 26th. This letter constitutes the report to Council. During May, the City staff in- vestigated the situation described in Mr. Westerfield's letter. On May 25th I met with the staff to review their preliminary report. On May 31st representatives of the State Fire Marshal's Office came to Du- buque for the investigation. On June 1st I met with our staff and the state representatives for a gen- eral review of the enforcement situation. On June 2nd I met with the staff, state representatives and Mr. Westerfield to discuss the at- tached letter-report. I have been informed by the state officers that they have in- spected all Bulk Plants handling flammable liquids in the City. They To the Honorable and City Council Regular Session, June 5, 1967 of this building and the premises. As a result of this inspection I prepared the following notice L. Ming Wong Marilyn Wong 280 Main Street Dubuque, Iowa Dear Madam and Sir: I have inspected the exterior of the building known as 280 Main Street and located on the South 22' of City Lot 8 and find the conditions as they have been re- ported to me by the Building Com- missioner and Donald P. McGinn, architect and engineer, substan- tially correct. A copy of those reports are hereto attached and by references made a part hereof. According to City Ordinance No. 35-52, you are hereby given ten (10) days notice to correct the dangerous conditions as described in the attaehed reports or disman- tle the building. Yours very truly, Gilbert D. Chavenelle City Manager City of Dubuque, Iowa I hereby certify that I served the above notice on L. Ming Wong 2:35 P.M., April 28, 1967. Rudolph Vera This notice has not been com- plied with and I recommend to the City Council that the provi- sions of Ordinance No. 35-52 be enforced and that the owners of said building located at 280 Main Street situated on the South 22' of City Lot 8 be required to dis- mal'ltle said building and clean up the premises. Respectfully submitted, Gilbert D. Chavenelle City Manager Mayor Ludwig moved that the recommendation of the City Man- ager be approved and a public hearing be held on July 3, 1967. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Ludwig,. Coun- cilmen McCauley, Pfohl, Pregler. Nays-None. Absent-Councilman Schultz. Mr. L. Ming Wong was present in the Council Chamber and City attorney R. N. Russo explained to him just what the recommendation of the City Manager meant, and 28, 1967 NOTICE April 272 On March 2, 1967 Mr. Ming was given a copy of McGinns report. Mr. Ming stated he would not do anything to the building. On March 6, 1967 a notice was given to Mr. Ming giving him thir- ty (30) days to correct these con- ditions. March 6, 1967 Dear Madam and Sir On March 2, 1967 a report on the condition of your building at 280 Main Street was given to you. The examination and report was made by Donald P. McGinn, architect and engineer. The report confirms the previ- ous inspections and report given to you in writing January 7, 1966. Said inspection and report made by the Building Department. The report of McGinns lists among other defects, five serious conditions that should be correct- ed immediately. 1. The tendency of the west wall of the building to bulge out- ward at the second floor line. 2. The tendency of the south wall of the building to lean out- ward at its top. 3. The serious deterioration of the brick work at the base of the south wall. 4. The active cracks in the south wall of the building. 5. The static cracks in the three exposed walls of this building. Therefore the Building Depart- ment hereby directs you to cause immediate action to correct the conditions present and if definite action is not taken within thirty days of the date of this communi- cation further legal action will be commenced. Respectfully, Donald J. Bandy Building Commissioner City of Dubuque, Iowa DJB:lh On April 27, 1967 I received a report from the Building Commis- sioner advising me of the lack of progress being made on these no- tices. After receiving this report I personally inspected the exterior ....i~.,iW:.'1*..''i'P L. Ming Marilyn Wong Onyx Restaurant 280 Main Street Dubuque, Iowa ~ 275 Petition of Dubuque Area Eco- nomic Opportunity Agency Inc. re- questing permission to conduct a parade on Saturday June 10, 1967, presented and read. Mayor Ludwig moved that the petition be grant- ed subject to approval of the City Manager and Traffic Department. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Ludwig, Council- men McCauley, Pfohl, Pregler. Nays--None. Absent - Councilman Schultz. Petition of Peoples Natural Gas requesting permission to excavate on Lindale Street near Evergreen, presented and read. Councilman Pfohl moved that the petition be granted. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Ludwig, Council- men McCauley, Pfohl, Pregler. Nays-None. Absent-Councilman Schultz. Petition of Peoples Natural Gas requesting permission to excavate on Adair Street near Delaware, presented and read. Councilman Pfohl moved that the petition be granted. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Ludwig, Council- men McCauley, Pfohl, Pregler. Nays--None. Absent - Councilman Schultz. Petition of lone Miller by Wil- liam Campbell Admr. requesting 'a refund of $150. on the unexpired portion of Class B Beer license No. 36, as she has discontinued business on May 20, 1967, present- ed and read. Mayor Ludwig moved that the refund be granted and the Auditor instructed to issue proper warrants. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Ludwig, Council men McCauley, Pfohl, Pregler. NaYs-None. Absent-Councilman Schultz. Yeas - Mayor Ludwig, Council men McCauley, Pfohl, Pregler. Nays--None. Absent - Councilman Schultz. CITY OF DUBUQUE, IOWA RESOLUTION NO. 143-67 WHEREAS, Many hardShips are imposed on business firms when the Mississippi is unnavigable such Regular Session, June 5, 1967 Petition of American Legion re- questing permission to hold a par- ade on Saturday July 1, 1967 dur- ing the Summer Festival, present- ed and read. Mayor Ludwig moved that the petition be granted sub- ject to approval of the City Man- ager and Traffic Department. Sec- onded by Councilman McCauley. Carried by the following vote: Yeas - Mayor Ludwig, Council- men McCauley, Pfohl, Pregler. Nays--None. Absent - Councilman Schultz. Petition of Mary Helbing et al (83 signers) praying for relief of hazardous traffic conditions, en- dangering the safety of pedestrians as to the crossing of Dodge street on foot and also as to vehicles trying to enter Dodge from the parking lots of the various business establishments located along the street, presented and read. Coun- cilman Pfohl moved that the peti- tion be referred to the City Man- ager and staff for investigation and report. Seconded by Mayor Ludwig. Carried by the following vote: Yeas - Mayor Ludwig, Council men McCauley, Pfohl, Pregler. Nays--None. Absent-Councilman Schultz. Petition of Mike Mellon et al (46 signers) requesting removal of the asphalt curb on the east side of Elm Street from 24th to 26th Street to provide a wider area for traffic, especially in the case of fire, presented and read. Council- man Pregler moved that the peti- tion be referred to the City Engi- neer with intent to procure per- mission from the Chicago Great Western Railroad. Seconded by Mayor Ludwig. Carried by the fol- lowing vote: Yeas - Mayor Ludwig, Council men McCauley, Pfohl, Pregler. Nays--None. Absent-Councilman Schultz. Petition of Mr. & Mrs. Joseph Zillig of 2279 Foye Street, object- ing to the opening of the alley be- tween Lowell Street and Napier street particularly if loose crushed stone is used to resurface, present- ed and read. Councilman Pregler moved that the petition be refer- red to the Engineering Depart- ment. Seconded by Mayor Ludwig. Carried by the following vote: Regular Session, June 5, 1967 gether with petition attached was served on the City of Dubuque, Iowa, and thereafter said original notice and petition was referred to the City Attorney. Said petition made claim for the sum of $2,500.00 representing $2,000.00 claimed damaged injur- ies to said minor child and $500.00 for damages suffered by the father. I have made an investigation of this matter and have resisted said action on behalf of the City and plaintiff's petition alleges that the said minor child on the 16th day of June 1964 suffered personal in- juries as a result of falling on an allegedly defective sidewalk at or near 1972 Ellis Street in the City of Dubuque, Iowa, and I have made an investigation of this mat- ter and have conferred with plain- tiffs' attorney who has made an offer of settlement in the amount of $211.00. It is the recommenda- tion of the City Attorney that said offer of settlement be accepted and the City Auditor be instructed to draw a warrant payable to Bern- ard W. Mihm and Florence J. Mihm individually and as natural parents of Mark David Mihm, a minor child, and to transmit said war- rant to the City Attorney for deliv- ery upon receipt of a duly execut- ed release and filing of dismissal of said cause with prejudice. Original claim is hereto attach- ed. Respectfully submitted R. N. Russo, City Attorney Councilman Pregler moved ap- proval of the recommendation. Sec- onded by Councilman Pfohl. Car- ried by the following vote: Yeas - Mayor Ludwig, Council- men McCauley, Pfohl, Pregler. Nays-None. Absent - Councilman Schultz. Petition of Dubuque Theatre Corporation requesting permission to conduct a fireworks display on July 4, 1967 on the J. F. Kennedy Road, presented and read. Mayor Ludwig moved that the petition be granted subject to approval of the Fire Chief. Seconded by Coun- cilman Pregler. Carried by the fol- lowing vote: Yeas - Mayor Ludwig, Council men McCauley, Pfohl, Pregler. Nays-None. Absent - Councilman Schultz. 1. Between Lots 5 and 6, Block 6 on Graham Circle 2. St. Celia north turn around be- tween Lots 11 and 12, Block 6 3. Graham Circle, and St. Celia between Lots 14 and 15, Block 6 4. Southeast corner of intersection of St. Celia and Lisa Court 5. Lisa Court turn around between Lots 40 and 41 6. St. Celia between Lots 26 and 25, Block 6 7. St. Celia between Lots 28 and 29, Block 5 8. Intersection of St. Celia and West Way, northwest corner 9. St. Celia between Lots 29 and 30, Block 4 10. Intersection of Graham Circle and st. Celia, between Lots 8 and 9, Block 8 11. Intersection of St. Celia and Hillcrest, northwest corner. Respectfully requested, Gilbert D. Chavenelle, City Manager Councilman Pregler moved that the recommendation be approved. Seconded by Councilman Pfohl. Carried by the following vote: Yeas - Mayor Ludwig, Council men McCauley, Pfohl, Pregler. Nays - None. Absent - Councilman Schultz. COUNCIL RECESSED AT 10:40 P.M. RECONVENED AT 10:48 P.M. Notice of claim of Mrs. Ed. Kriebs of 650 English Lane, sub- mitting a plumber's invoice in the amount of $14.00, covering ex- pense incurred as the result of a backed-up sewer on May 16, 1967, presented and read. Councilman Pregler moved that the notice of claim be referred to the City Solicitor for investigation and report. Seconded by Council- man Pfohl. Carried by the follow- ing vote: Yeas - Mayor Ludwig, Council men McCauley, Pfohl, Pregler. Nays-None. Absent - Councilman Schultz. June 5, 1967 Honorable Mayor and City Council Gentlemen: On ~eptember 15, 1964, original notice of suit by Mark David Mihm, a minor by Bernard W. Mihm, as his next friend and Bernard W. Mihm, father of said Mark David Mihm, a minor, plaintiffs vs. City of Dubuque, Iowa, defendant, to- 274 ""'<""""""-""~""""""'''^".-_O' Iii' I \ 'I!! I'I rir! i!i .11 t:! I,: I' ,j 277 for the construction of the Little Chicago Sanitary Sewer and the valuations set out therein are here- by approved. Passed, adopted and approved this 5th day of June, 1967. Richard Ludwig Mayor M. Sylvester McCauley Eldon A. Pfohl Walter A. Pregler Councilmen Mayor Ludwig moved adoption of the resolution. Seconded by Councilman McCauley. Carried by the following vote: Yeas - Mayor Ludwig, Council men McCauley, Pfohl, Pregler. Nays-None. Absent-Councilman Schultz. Attest: Leo F. Frommelt City Clerk Regular Session, June 5, 1967 be and the same is hereby approv- ed, and the said Eldon T. Herrig shall pay costs of publication. Section 2. That the Mayor and City Clerk are hereby authorized and directed to execute Quit Claim Deed of City of Dubuque, Iowa, conveying to ELDON T. HERRIG all of its rights, title and interest in and to the above described real estate, Section 3. That the City Clerk be and he is hereby authorized and directed to record a certified copy of this Resolution in the office of the Dubuque County Recorder in and for Dubuque County, Iowa. Passed, adopted and approved this 5th day of June, 1967. Richard LUdwig Mayor M. Sylvester McCauley Eldon A. Pfohl Walter A. Pregler Councilmen Regular Session, June 5, 1967 4 of Block 4 and Lots 5, 6, 7, 8, 9 and Lot 2 of 4 of Block 3 of St. George Subdivision and utility easements therein, presented and read. No written objections were filed and no oral objectors were present in the Council Chamber at the time set for the public hearing. Councilman Pregler moved that the proof of publication be receiv- ed and filed. Seconded by Council- man McCauley. Carried by the fol- lowing vote: Yeas - Mayor Ludwig, Council men McCauley, Pfohl, Pregler. Nays-None. Absent-Councilman Schultz. RESOLUTION NO. 144-67 WHEREAS, pursuant to resolu- tion and published notice of time and place of hearing, published in the Telegraph-Herald, a newspaper of general circulation published in the City of Dubuque, Iowa, on May 8, 1967 and May 15, 1967, City Council of Dubuque, Iowa, met on the 5th day of June, 1967 at 7:30 o'clock P.M. in the City Council Chamber in the City Hall, Du- buque, Iowa, to consider the pro- posal to vacate plat of certain real estate at which hearing all inter- ested persons were afforded an op- portunity to be heard for or against such proposal and which real estate is described as follows, to wit: That part of St. George Sub- divison known as Lots 1, 2, 3, and 4 of Block 4 and Lots 5, 6, 7, 8, 9, and Lot 2 of 4 of Block 3 of St. George Sub- division; and WHEREAS, City Council of Du- buque, Iowa, overruled any and all objections, oral or written, to the proposal to vacation of the inter- est of the City of Dubuque, Iowa, in the above described real estate to ELDON T. HERRIG. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF CITY OF DUBUQUE, IOWA: Section 1. That the disposal of the interest of City of Dubuque, Iowa in and to the following de- scribed real estate: That part of St. George Sub- division known as Lots 1, 2, 3, and 4 of Block 4 and Lots 5, 6, 7, 8, 9, and Lot 2 of 4 of Block 3 of St. George Sub- division as a loss in revenue, the laying off of many employees and the idling of millions of dollars of floating equipment, docks, and terminal facilties; and WHEREAS, Many economic ad- vantages could be realized by year around navigation in a twelve foot channel of the Mississippi River such as a lowering of tonnage rates by barge, railroad, and truck lines; and WHEREAS, The economic and social well-being of the community would be enhanced by the expan- sion of many firms and a greater degree of employment during the winter months from year around operations. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: l' RESOLUTION NO. 146-67 Preliminary Estimate and ap- proval of plans, specifications, form of contract, preliminary es- timates and all other documents for construction of a twelve inch (12") sanitary sewer in Farragut Street from the W.P.L. of Kerper Boulevard to the intersection of Farragut street and the alley be- tween Garfield A venue and Kerper Boulevard; then an eight inch (8") sanitary sewer in the alley between Garfield Avenue and Kerper Boule- vard from the intersection with Farragut Street 386.68 feet north- erly; also an eight inch (8") san- itary sewer from the sewer in the alley between Garfield Avenue and Kerper Boulevard westerlythroug)} Lot 180 of Ham's Addition to Gar- field Avenue and northerly in Gar- field Avenue a distance of 258.16 feet, at an estimated cost of $6,803.57, presented and read. Councilman Pfohl moved adop- tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Ludwig, Council- men McCauley, Pfohl, Pregler. Nays-None. Absent-Councilman Schultz. Attest: Leo F. Frommelt, City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Pfohl. Carried by the following vote: Yeas - Mayor Ludwig, Council men McCauley, pfohl, Pregler. Nays - Nonie. Absent - Councilman Schultz. That full support of twelve month navigation on the Mississip- pi is desirable and that the United States Army Corps of Engineers be encouraged to complete its study and take such steps as neces- sary to put the plan into effect; and BE IT FURTHER RESOLVED That additional feasibility studies are hereby encouraged on a twelve foot channel in the Mississippi Riv- er. (Necessity for Improvement) RESOLUTION NO. 147-67 WHEREAS, proposed plans, spec- ifications, form of contract, plat and schedule have been duly pre- pared and approved by the City June 5, 1967 To The Honorable Mayor and Members of the City Council Gentlemen: I herewith submit the attached schedule of proposed valuations and assessments for the construc- tion of the Little Chicago Sanitary Sewer. Submitted June 5, 1967. John L. White City Engineer Councilman Pfohl moved that the communication be received and filed. Seconded by Councilman Mc- CaUley. Carried by the following vote: Yeas - Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler. Nays--None. Absent-Councilman Schultz. RESOLUTION NO. 145-67 Be it resolved by the City Coun- cil of the City of Dubuque, Iowa: Section 1. That the attached schedule of proposed assessments 276 PASSED, ADOPTED and AP- PROVED This 5th day of June, 1967. (SEAL) Attest: Leo F. Frommelt, City Clerk Mayor Ludwig moved adoption of the resolution. Seconded by Councilman McCauley. Carried by the following vote: Yeas - Mayor Ludwig, Council- men McCauley, Pfohl, Pregler. Nays--None. Absent-Councilman Schultz. Proof of Publication, certified to by the Publisher, of notice of pub- lic hearing of time and place to consent to vacation of Steven Court and that part of St. George Sub- division known as Lots 1, 2, 3, and Richard Ludwig Mayor M. Sylvester McCauley Eldon A. Pfohl Walter A. Pregler Councilmen 279 Yeas-Mayor Ludwig, Council men McCauley, Pfohl, Pregler. Nays.-None. Absent-Councilman CITY OF DUBUQUE, IOWA RESOLUTION NO. 149..(j7 WHEREAS, Edward D. Failor has served the community in the highest tradition as Dubuque Municipal Court Judge since Janu- ary 1, 1963; and WHEREAS, Edward D. Failor has served the community in civic affairs for many years; and ~EREAS, Edward D. Failor has served the community well by providing the finest in a judicial capacity. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: The resignation of Edward D. Failor from the Municipal Court be accepted with sincerest regrets and best wishes be extended to him in his future endeavors. BE IT FURTHER RESOLVED That a copy of this resolution be sent to Edward D. Failor. PASSED, ADOPTED and AP- PROVED June 5, 1967. Richard Ludwig Mayor M. Sylvester McCauley Eldon A. Pfohl Walter A. Pregler Councilmen Attest Leo F. Frommelt, City Clerk Councilman McCauley adoption of the resolution ed by Councilman Pregler by the following vote: Yeas - Mayor Ludwig, Council- men McCauley, Pfohl, Pregler. Nays-None. Absent---Councilman Schultz. Regular Session, June 5, 1967 and Kerper Boulevard westerly through Lot 180 of Ham's Addition to Garfield Avenue and northerly in Garfield Avenue a distance of 258.16 feet and, Schultz. WHEREAS, the proposed Reso- lution of Necessity for said im- provement has been introduced and is now on file in the City Clerk's office for public inspection, moved Second- Carried BE IT THEREFORE RESOLVED that on the 3rd day of July 1967, a public hearing will be held at 7:30 o'clock P.M. D.S.T. in the Council Chamber in the City of Dubuque at which time the owners of property subject to assessment for the pro- posed improvement may appear and make objection to the pro- posed plans and specifications and proposed form of contract and at the same time to the boundaries of the proposed district, to the cost of the improvement, to the amount proposed to be assessed against any lot and to the passage of the proposed Resolution of Necessity and the City Clerk be and he is hereby directed to cause a notice of the time and place of such hear- ing to be published in some news- paper published in the city of Du- buque, the last of which shall be not less than two (2) nor more than (4) weeks prior to the day fixed for its consideration and un- less property owners at the time of final consideration of said resolu- tion have on file with the Clerk ob- jections to the amount of the pro- posed assessment, they shall have been deemed to have waived all ob- jections thereto, at which hear- ing the Council will hear such ob- jections and enter on record its final decision thereon. provided by law, property will be assessed whether the same abuts thereon or is adjacent thereto ac- cording to area and in proportion to the special benefits conferred thereby, and any deficiency shall be paid out of sewer funds. Bonds shall be issued and sold in antici- pation of deferred payments of assessments when a contract has been performed and accepted and the proceeds thereof used to pay the contractor. The railway portion of any street or assessment district shall be assessed to and paid by the railway company. The above resolution was intro- duced, approved and ordered plac- ed on file with the City Clerk this 5th day of June, 1967. Approved and placed on file for final action. Richard Ludwig Mayor M. Sylvester McCauley Eldon A. Pfohl Walter A. Pregler Councilmen Regular Session, June 5, 1967 Council of the City of Dubuque and are now on file in the office of the City Clerk showing among other things the following: 1. The size and kind of sewers. ~ RESOLUTION NO. 15().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. Myril F. Healy, 205 Locust Street BE IT FURTHER RESOLVED that the bonds filed with the ap- plication be approved. Passed, adopted and approved this 5th day of June, 1967. Richard Ludwig Mayor M. Sylvester McCauley Eldon A. Pfohl Walter A. Pregler Councilmen Attest: Leo F. Frommelt, City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Mayor Ludwig. Carried by the following vote: Attest: Leo F. Frommelt, City Clerk Councilman Pfohl moved ap- proval of the resolution. Seconded by Mayor Ludwig. Carried by the following vote: Yeas - Mayor Ludwig, Council men McCauley, pfohl, Pregler. Nays-None. Absent - Councilman (Fixing of hearing> RESOLUTION NO. 148..(j7 WHEREAS, the City Council of the City of Dubuque, Iowa, has by Resolution No. 146-67 given its preliminary approval on the pro- posed plans, specifications and form of contract and placed same on file in the office of the City Clerk for public inspection, for the Construction of a twelve inch (12") Sanitary Sewer in Farragut Street from the W.P.L. of Kerper Boule- vard to the intersection of Farra- gut Street and the alley between Garfield Avenue and Kerper Boule- vard; then an eight inch (8") San- itary Sewer in the alley between Garfield Avenue and Kerper Boule- vard from the intersection with Farragut Street 386.68 feet north- erly. Also, an eight inch (8") San- itary Sewer from the sewer in the alley between Garfield Avenue 2. Each lot proposed to be as- sessed together with a valuation fixed by the council. 3. An estimate of the cost of the proposed improvement, stating the same for each different type of construction and kind of material to be used. 4. In each case the amount there- of which is estimated to be as- sessed against each lot, for the construction of a twelve inch (12") Sanitary Sewer in Farragut Street from the W.P.L. of Kerper Boule- vard to the intersection of Farra- gut Street and the alley between Garfield Avenue and Kerper Boul- evard, then an eight inch (8") San- itary Sewer in the alley between Garfield Avenue and Kerper Boul- evard from the intersection with Farragut Street 386.68 feet north- erly. Also, an eight inch (8") San- itary Sewer from the sewer in the alley between Garfield Avenue and Kerper Boulevard westerly through Lot 180 of Ham's Addition to Gar- field Avenue and northerly in Gar- field Avenue a distance of 258.16 feet. Said improvements shall be con- structed and done in accordance with the plans and specifications which have been prepared there- fore by the City Engineer which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said improve- ment will be assessed upon and against all privately owned prop- erty lying within assessable dis- tance provided by law and in an amount not to exceed the amount 278 Schultz. date Be It Therefore Resolved that the City Council on its own motion or upon petition of property own- ers, deems it advisable and neces- sary for the public welfare to make the herein mentioned improve- ment, and unless property owners at the time of the final considera- tion of this proposed resolution have on file with the City Clerk objections to the amount of the proposed assessments, they shall be deemed to have waived all objec- tions thereto. 281 Councilman Pregler moved adop- tion of the resolution. Seconded by Mayor Ludwig. Carried by the fol- lowing vote: Yeas - Mayor Ludwig, Council- men McCauley, Pfohl, Pregler. Nays-None. Absent-Councilman Schultz. RESOLUTION NO. 154-67 WHEREAS, applications for Liq- uor Permits were filed by the with- in named applicants and they have received the approval of this Council, and WHEREAS, the premises to be occupied by such applicants were inspected and found to comply with the State Law and all City ordinances relevant thereto and they have filed proper bonds; NOW THEREFORE BE IT RE- SOLVED by the City Council of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named applicants a Liquor Permit. Kenneth J. Waul, Street Robert L. Becker, 2418 Avenue Harold A. Casey, 655 Clarke Drive Be It Further Resolved that the bonds filed by such applicants be and the same are hereby approved. Passed, adopted and approved this 5th day of June, 1967. Richard Ludwig Mayor M. Sylvester McCauley Eldon A. Pfohl Walter A. Pregler Councilmen CLASS "A" LIQUOR LICENSE Dubuque Golf and Country Club, 1800 Randall Place CLASS "c" COMMERCIAL ESTABLISHMENT Denise O'Neill, 55 Locust Street William A. Rhomberg, 1298 Main Street Carl N. Brant, nue Passed, adopted and approved this 5th day of June, 1967. Richard Ludwig Mayor M. Sylvester McCauley Eldon A. Pfohl Walter A. Pregler Councilmen Ave- Ave- I: Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman McCauley. Carried by the following vote: Yeas - Mayor Ludwig, Council- men McCauley, Pfohl, Pregler. Nays-None. Absent-Councilman Schultz. There being no further business Councilman Pregler moved to ad- journ. Seconded by Councilman McCauley. Carried by the following vote: CLASS "c" COMMERCIAL ESTABLISHMENT Denise O'Neill, 55 Locust Street William A. Rhomberg, 1298 Main Street Carl N. Brant, 2600 Central Avenue Eileen Wunder, 1046 Central Ave- nue Passed, adopted and approved this 5th day of June, 1967. Richard Ludwig Mayor M. Sylvester McCauley Eldon A. Pfohl Walter A. Pregler Councilmen Attest: Leo F. Frommelt City Clerk Mayor Ludwig moved adoption of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Ludwig, Council men McCauley, Pfohl, Pregler. Nays--None. Absent-Councilman Schultz. RESOLUTION NO. 152-67 WHEREAS, applications for Beer Permits were filed by the within named applicants and they have received the approval of this Coun- cil; and WHEREAS, the premises to be occupied by such applicants were inspected and found to comply with the ordinances of this City and they have filed proper bonds: NOW THEREFORE, Be It Re- solved by the City Council of the City of Dubuque, Iowa, that the Manager be and he is hereby di- rected to issue to the following named applicants a Beer Permit. CLASS "B" BEER PERMIT PRIVATE CLUB Fraternal Order of Eagles, Aerie No. 568, 6th & Locust Street Navy Club, Ship #67, 469 Main Street CLASS "B" BE'ER PERMIT Frank & Phyllis Licciardi, 869-871 Iowa Street Canfield Hotel, Inc., 36 West 4th Street Theodore G. Kanavas, 1689 Elm Street Melvin A. Spiegelhalter, 1029% Main Street 'illiam A. Rbomberg, 1298 Main Street Patricia A. Donath, 400 Iowa Street Mark R. Smith & Bernard F. Ska- hill, 400 Central Avenue Eileen Wunder, 1046 Central Ave- Attest: Leo F. Frommelt City Clerk (#130) Regular Session, June 5, 1967 Burlington Central Attest: Leo F. Frommelt City Clerk Mayor Ludwig moved adoption of the resolution. Seconded by uncilman Pregler. Carried by the following vote: Yeas - Mayor Ludwig, Council men McCauley, Pfohl, Pregler. Nays-None. Absent-Councilman Schultz. 11 Attest: Leo F. Frommelt City Clerk Mayor Ludwig moved adoption of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Ludwig, Council men McCauley, Pfohl, Pregler. Nays-None. Absent-Councilman Schultz. Central Wunder, 1046 Central 2600 nue Eileen RESO'LUTION NO. 153-67 Whereas, applications for Liquor Permits have been submitted to this Council for approval and the same have been examined, Now Therefore Be It Resolved, by the City Council of the City of Dubuque, Iowa, that the following applications be granted and li- censes issued upon the compliance with the terms of the IOWA LIQ- UOR CONTROL ACT--CHAPTER 123-as amended by the 60th Gen- eral Assembly, 1963. RESOLUTION NO. 151-67 WHEREAS, applications for Beer Permits have been submitted to this Council for approval and the same have been examined: NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the following applica- tions be granted and licenses be issued upon the compliance with the terms of the ordinances of the City. CLASS "B" BEER PERMIT PRIVATE CLUB Fraternal Order of Eagles Aerie No. 568, 6th & Locust Street Navy Club, Ship #67, 469 Main Street CLASS "A" LIQUOR LICENSE Dubuque Golf and Country Club, 1800 Randall Place nue CLASS "c" BEER PERMIT Eagle Food Centers, Inc. (#144) 3033 Asbury Street Eagle Food Centers, Inc. 1800 Elm Street CLASS "B" BEER PERMIT Frank & Phyllis Licciardi, 869-871 Iowa Street Canfield Hotel, Inc., 36 West 4th Street Theodore G. Kanavas, 1689 Elm Street Melvin A. Spiegelhalter, 1029% Main Street William A. Rhomberg, 1298 Main Street Patricia A. Donath, 400 Iowa Street Mark R. Smith & Bernard F. Ska- hill, 400 Central Avenue Eileen Wunder, 1046 Central Av- enue CLASS "c" BEER Eagle Food Centers, 3033 Asbury Street Eagle Food Centers, Inc. 1800 Elm Street Kenneth J. Waul, 2850 Burlington Street Robert L. Becker, 2418 Central Av- enue PERMIT Inc. (#144) (#130) 2850 1967 Harold A. Casey, 655 Clarke Drive Passed, adopted and approved this 5th day of June, 1967. Richard Ludwig Mayor M. Sylvester McCauley Eldon A. Pfohl Walter A. Pregler Councilmen Regular Session, June 5, Passed, adopted and approved this 5th day of June, 1967. Richard Ludwig Mayor M. Sylvester McCauley Eldon A. Pfohl Walter A. Pregler Councilmen 280 1:1 II I I'i iil :1 II 1.1 Ii e!1 1'1 !j 283 Special Session, June 12, 1967 CITY COUNCIL I i I I ' I" Ludwig, Coun- Pfohl, Pregler, June 12, 1967 Mayor Gentlemen This is to advise that I have ap- proved the following policy and bonds and desire to have your ap- proval on same. COMPREHENSIVE LIABILITY John C. Jones, American States In- surance Company Special Session, June 12, 1967. Council met at 7:30 P.M. (D.S.T.) Present - Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. City Manager Gilbert D. Chavenelle. Mayor Ludwig read the call and stated that service thereof had been duly made and this meeting is called for the purpose of con- sidering the manager's request to proceed with the financing of the outstanding 1967 flood indebted- ness, and acting upon such other business as may properly come be- fore a regular meeting of the City Council. (OFFICIAL) To the Honorable and City Council, rear Admiral U. S. Navy, express- ing appreciation for assistance pro- vided by the City in preparing the Training Center to withstand the recent spring flood, presented and read. Councilman Pfohl moved that the communication be re- ceived and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor cilmen McCauley, Schultz. Nays-None. Regular Session, June 5, 1967 Mu- SIDEWALK James J. Scholl, Merchants tual Bonding Company Respectfully, Gilbert D. Chavenelle, City Manager Councilman Pregler moved ap- proval of filing subject to approv- al of City Solicitor. Seconded by Councilman Schultz. Carried by the following vote: Yeas - Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. Nays-None. Communication of Iowa State Highway Commission submitting primary road maintenance contract in the amount of $3160 covering routine maintenance on city streets from July 1, 1967 to June 30, 1968, presented and read. Mayor Ludwig moved approval of the contract and instructed the City Manager to sign. Seconded by Councilman McCauley. Carried by the follow- ing vote. Yeas - Mayor cilmen McCauley, Schultz. Nays--None. Ludwig, Coun- Pfohl, Pregler, 1967 12, June Mayor To the Honorable and City Council Gentlemen: Sealed Bids were received until 10:00 A.M., D.S.T., June 5, 1967, in the office of the City Clerk for the repair of the Terminal Street Sanitary Sewer that was damaged during the 1967 Flood. The M. F. Goerdt Construction Company of Dubuque, Iowa sub- mitted the only bid in the amount of $6,920.00. The estimated cost was $5,135.00. I recommend that the contract for the repair be awarded to M. F. Goerdt Construction Company. Sincerely, Gilbert D. Chavenelle City Manager Councilman Schultz moved that the recocmmendation of the City Communication of Iowa State Highway Commission submitting a resolution agreement covering ma- jor repair of the U. S. 20 Julien Dubuque Bridge floor, presented and read. Mayor Ludwig moved approval of agreement. Seconded by Councilman Schultz. Carried by the following vote: Yeas - Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. Nays--None. Printed Council proceedings for the month of February 1967 pre- sented for approval. Councilman Pregler moved that the proceed- ings be approved as printed. Sec- onded by Councilman Schultz. Car- ried by the following vote: Yeas - Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. Nays-None. Communication of W. S. Guest, Yeas - Mayor Ludwig, Council- men McCauley, Pfohl, Pregler. Nays-None. Absent-Councilman Schultz. Leo F. Frommelt City Clerk 1967. ...1967. Councilmen .................................... City Clerk 282 Approved Adopted Attest 285 collect and earn interest at the rate of four (4%) percent on the total amount of the warrants out- standing and unpaid. Upon the completion of the friendly suit, then the bank would have judgment against the City for the full amount of outstanding warrants, together with accrued in- terest to the date of the judgment and thereafter the judgment would earn interest at the rate of five (5%) percent until satisfied. It then would be proposed to issue bonds to satisfy and payoff said judgment. There is currently being consid- ered in the Iowa State Legislature Senate File 796. This is a bill for an Act relating to disaster aid for governmental subdivisions. It pro- vides for: interest free loans by the State to its subdivisions and a grant in aid up to fifty (50%) per- cent of the emergency costs. In the event that the bill is en- acted into law, it is proposed to use the proceeds of a State grant and/ or loan to pay the local bank the amount of outstanding war- rants and accrued interest. I respectfully ask the City Coun- cil to concur and instruct the City Manager to proceed with the fi- nancing of said outstanding indebt- edness according to the tenour of this letter. Respectfully submitted, Gilbert D. Chavenelle City Manager Councilman Pregler moved that the communication be received and filed. Seconded by Mayor Ludwig. Carried by the following vote: Yeas - Mayor Ludwig, coun- cilmen McCauley, Pfohl, Pregler, Schultz. Nays-None. Communication of R. F. Sefzik of 430 Clark Street, requesting per- mission to address the Council rela- tive to ways of making payment of the flood control indebtedness, presented and read. Councilman Pregler moved that the communi- cation be received and filed. Sec- onded by Councilman Pfohl. Car- ried by the following vote: Yeas - Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. Nays-None. Councilman Pregler moved that the rules be suspended in order June 12, 1967 Session, Yeas - Mayor cilmen McCauley, Schultz. Nays-None. Petition of Ecumenical Coffee House requesting information as to requirement of a permit to so- licit funds by means of collection cans to be placed in local business establishments for their non-profit organization, presented and read. Councilman Schultz moved that the petition be referred to the Mayor and City Manager. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. Nays-None. Petition of Dubuque Sports Bowl requesting permission to conduct a fireworks display on July 4th in conjunction with their stock car racing program, presented and read. Councilman Pregler moved approval of the petition subject to approval of the Fire Chief. Sec- onded by Councilman Schultz. Car- ried by the following vote: Yeas - Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. Nays-None. Ludwig, Coun- Pfohl, Pregler, Special Session, June 12, 1967 by the Company - an across-the- board increase of 5~. This recommendation of the City's rate expert was made in ac- cordance with the rate standards set out in Section 9 of Ordinance No. 25-63. At this time, Dubuque TV-FM Cable Company formally and spe- cifically requests Council approval of a full minimum increase in rates to all its subscribers in the amount of not less than 50c over the rates in effect on and prior to June 5, 1967, such increase to be effective July 1, 1967. The report of Eugene C. Lang as heretofore received and filed is by this reference incorporated in and made part of this applica- tion. 1967 Gentlemen As the Council is well aware, the City of Dubuque is without funds to meet its obligations of estimated expenses of approximately $360,- 000.00 for various services and ma- terials supplied to the City by nu- merous contractors and suppliers in connection with the emergency flood protection work of 1967. The methods of defraying the ex- pense and costs of such project have been examined and the only legal feasible manner in which the financing can be handled is to is- sue warrants in payment to the various creditors. It is proposed that the said warrants would then be presented for payment and be dishonored by the City Treasurer for lack of funds and thereupon a friendly suit would be instituted by a local bank against the City to enforce collection of the unpaid warrants. The bank having honored the warrants would be entitled to Mr. Lang's recommendation was rejected and an increase of 25\!! to all subscribers was approved, upon the announced premises the appli- cation then before the Council did not expressly state that the re- quested 50\!! increase was a mini- mum request. The limited increase of 25\!! is unacceptable to appli- cant. Manager be approved. Seconded by Councilman Pfohl. Carried by the following vote: Yeas - Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. Nays-None. Gentlemen In accordance with the provi- sions of Chapter 365 of the 1966 Code of Iowa, the Civil Service Commission conducted entrance ex- aminations on May 23, 1967, for those seeking positions on the PO- LICE DEPARTMENT. 1967 The following named applicants have passed both the written and physical examinations and are hereby certified for appointment to the POLICE department. John D. Stevens .90% Michael J. Donahue .71 % Larry M. Walters ......................71% Respectfully submitted, Gerard B. Noonan Chairman Louis F. Fautsch Civil Service Commission June 8, Mayor To the Honorable and City Council June 12, To the Honorable Mayor and Members of the City Council RespectfUlly submitted, DUBUQUE TV-FM CABLE COMPANY By Robert L. Loos Its General Manager Councilman Pregler moved that the petition be received and filed. Seconded by Councilman Schultz. Carried by the following vote: Yeas - Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. Nays-None. Upon further motion Council- man McCauley moved that the pe- tition be denied. Seconded by Councilman Schultz. Carried by the following vote: Yeas - Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. Nays-None. Petition of Coca Cola Bottling Co. requesting consideration in the beautification of the entire median strip along Kerper Blvd. by the planting of some shrubbery or flowers, presented and read. Coun- cilman Pregler moved that the pe- tition be referred to the Council. Seconded by Councilman Schultz. Carried by the following vote: nr'iwif;it t1r Special 284 Attest Leo F. Frommelt Clerk Subscribed and sworn to before me this 12th day of June, 1967. Eugene J. Berens Notary Public Councilman Pregler moved that the communication be received and made a matter of record. Sec- onded by Councilman Schultz. Carried by the following vote: Yeas - Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. Nays-None. To the Honorable Mayor and City Council of the City of Dubuque, Iowa. On June 5, 1967, the application of Dubuque TV-FM Cable Company for a rate increase, effective March 1, 1967, of ~ per month over the rates then in effect for all sub- scribers, came before this Council. At that time, the Council had be- fore it the written report of its specially selected rate consultant, Eugene C. Lang. Such report ana- lyzed the pertinent data in detail, and recommended that the in- crease be approved as requested 287 ing, under the terms and conditions set forth in this Ordinance: Section 2. That such construction shall be done in accordance with plans here- tofore submitted bv permittee and ap- proved bv Citv Manager, under the su- pervision and direction of the Citv Man- ager, and in accordance with all appli- cable state and federal laws and regu- lations, and the ordinances of the Citv of DUbuque. Section 3. That the permission herein granted is expresslv conditioned on per- mittee agreement to: (a) Assume anv and all Iiabilitv for damages to persons or propertv which mav result from the exist- ence, construction or mainten- ance of said concrete steps and metal railing (b) To pavon behalf of the City of Dubuque all sums which the City of Dubuque shall become obli- gated to pav bv reason of the Iiabilitv Imposed upon the Citv of Dubuque for damages of anv kind resulting from the existence, construction or maintenance of said concrete steps and metal railing, sustained bV anv person or persons, caused bv accident or otherwise, to defend at Its own expense and on behalf of said Citv anv claim against the Citv of Dubuque arising out of the existence, construction or main. tenance of concrete steps and metal railing Section 4. That the permission herein granted is expresslv conditioned upon permittees further agreement that should the right and privilege herein granted be rescinded or revoked bv the City Council, permittee, or his successors in interest, as owners of the abutting prop- ertv, shall within thirtv (30) davs after receipt of written notice from the Citv Manager, so to do, at their own ex- pense, remove said steps and railing, and in the event of their failure so to do, the City of Dubuque shall be auth- orized to remove said steps and railing, at permittees expense and dispose of the same, and the permittees shall have no llaim against the Citv or its agents for damages resulting from the removal of said steps and railing. Section 5. This Ordinance shall be- come effective and the rights hereunder accrue to Robert G. Vernon when this Ordinance has been adopted bv the City Council and the terms and conditions thereof accepted bv permittee bv ac- ceptance endorsed on this Ordinance. Passed, adopted and approved this 12th dav of drC'A'A~b DLU1r~iG Mavor M. SYLVESTER McCAULEY MERLIN F. SCHULTZ ELDON A. PFOHL WALTER A. PREGLER Councilmen 1967 Special Session, June 12, Section 1. That the above de- scribed plat be and the same is hereby approved and the Mayor and Clerk be and they are hereby authorized and directed to endorse the approval of the City upon said plat. Passed, adopted and approved this 12th day of June AD., 1967. Richard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Walter A Pregler Councilmen Special Session, June 12, 1967 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. Honorable Mayor and Council Members ACCEPTANCE OF ORDINANCE NO. 27-67 The undersigned having read and being familiar with the terms and conditions of Ordinance No. 27-67 herebv, for him- self, his successors or assigns, as owner of the abutting propertv, accepts the same and agrees to be bound bv the conditions and agreements therein con- tained to be performed bv permittee. Dated 12 June, 1967. Bv Robert G. Vernon Propertv Owner Published officlallv In the Telegraph- Herald newspaper this 16th dav of June 1967. Leo F. Frommelt t. 6/16 Cltv Clerk. Mayor Ludwig moved adoption of the Ordinance. Seconded by Councilman McCauley. Carried by the following vote: Yeas - Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays-None. F. Frommelt Citv Clerk Attest: Leo Attest: Leo F. Frommelt City Clerk Mayor Ludwig moved adoption of the resolution. Seconded by Councilman Schultz. Carried by the following vote: Yeas - Mayor Ludwig, men McCauley, Pfohl Schultz. Nays-None. Council Pregler Mayor Ludwig moved that the reading just had be considered the first reading of the Ordinance. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. Nays-None. Mayor Ludwig moved that the rule requiring the reading of an ordinance on three separate days be waived. Seconded by Council- man Pfohl. Carried by the follow- ing vote: Yeas - Mayor Ludwig, Council men McCauley, Pfohl, Pregler Schultz. Nays-None. ORDINANCE NO. 27.67 An Ordinance authorizing Rob. ert G. Vernon to construct con. crete steps and metal railing at 543 W. 8th Street 9th Street en. trance, presented and read. ORDINANCE NO. 27-67 AN ORDINANCE AUTHORIZING Rob- ert G. Vernon TO CONSTRUCT concrete steps and metal railing at 543 W. 8th Street (9th street entrance) BE IT ORDAINED BY THE CiTY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Robert G. Vernon, as owner of the premises known as Lot I of W1f2 of Lot II in Subdivision of Out Lot 688 in Citv of Dubuque, Iowa be, and he is herebv granted the revocable license and authoritv to construct and maintain concrete steps and metal rail- 1967 June 6, 286 to let anyone address the Council if they so desire. Seconded by Councilman Schultz. Carried by the following vote: Yeas - Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. N ays--N one. Mr. R. F. Sefzik addressed the Council by stating that the City enjoys a very fine credit rating. In his opinion, under the proposed procedure, of paying the 1967 flood bills, the city's credit rating will be jeopardized, and we are heading for bankruptcy. I 1 j I II If Gentlemen The City Planning and Zoning Commission has reviewed the final plat of the subdivision of lot 1 of Mark Heights in the City of Du- buque and has found that the plat meets the minimum requirements of the subdivision regulations and is an appropriate design for this area. It is the recommendation of the Commission that the plat be approved. Respectfully Don Gilson Director of submitted, Planning Councilman Pregler moved that the communication be received and filed. Seconded by Mayor Ludwig. Carried by the following vote: Yeas - Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. Nays-None. Re- the RESOLUTION NO. 156-67 Resolution Approving Plat of Lot 1 of "Mark Heights" in the City of Dubuque, Iowa. WHEREAS there has been filed with the City Clerk a plat in which Lot 1 of "Mark Heights" is platted as Lot 1, Lot 2, Lot 3, Lot 4, Lot 5 and Lot 6 of the Subdivision of "Mark Heights," in the City of Dubuque, Iowa. and, WHEREAS said plat has been examined by the City Plan Com- mission and had its approval en- dorsed thereon; and, WHEREAS said plat has been examined by the City Council and they find the same conforms to the Statutes and Ordinances relating thereto; NOW, THEREFORE, Be It solved by the City Council of City of Dubuque, Iowa: RESOLUTION NO. 155-67 WHEREAS, the flood waters of the Mississippi River threatened to wreak irreparable damage upon persons and property in the City of Dubuque, Iowa, during the Spring of 1967; and WHEREAS, the City of Dubuque, Iowa, undertook to erect and con- struct an earthen levee in order to protect the inhabitants of the City of Dubuque, Iowa from dam- ages resulting from the flooding waters of the Mississippi River and incurred indebtedness in connec- tion therewith. NOW THEREFORE Be It Re- solved by the City Council of the City of Dubuque, Iowa: Section 1. That the issuance of warrants of the City of Dubuque for the purpose of eVidencing of indebtedness to the various credi- tors who furnished labor, materials and supplies to the City of Du- buque in connection with the work performed in the erection and con- struction of earthen levee to pro- tect against the flood waters of the Mississippi River in the Spring of 1967 be and the same are hereby approved. Section 2. That the City Manager of the City of Dubuque, Iowa, be and he is hereby ordered and di- rected to take any action neces- sary and within the framework of the law to finance the payment of said indebtednesses. Passed, adopted and approved this 12th day of June, 1967. Richard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Walter A Pregler Councilmen 289 Mayor Ludwig moved that Clem Welsh and W. J. Daugherty be re- appointed to the Airport Zoning Commission for a six year term from 5-14-67 to 5-14-73. Seconded by Councilman Schultz. Carried by the fOllowing vote: Yeas - Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays-None. Mayor Ludwig moved that Hom- er Addyman and Richard Beaves be reappointed to the Heating, Ven- tilating, Air Conditioning and Re- frigeration Board for a three year term from 3-16-67 to 3-16-70. Car- ried by the following vote: Yeas - Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. Nays-None. Councilman McCauley moved that the City Solicitor be instructed to explore the feasibility of stag- gering membership appointments on the Recreation Commission for 1967. Seconded by Mayor Ludwig. Carried by the following vote: Yeas - Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays--None. There being no further business Councilman McCauley moved to ad- journ. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays-None. Leo F. Frommelt, City Clerk 1967 .....1967 Councilmen Special Session, June 12, 1967 Approved Adopted ordinances relevant thereto and they have filed proper bonds; NOW THEREFORE BE IT RE- SOLVED by the City Council of Dubuque, Iowa, that the Manager be authorized to cause to be is- sued to the following named appli- cants a Liquor Permit. CLASS "c" COMMERCIAL ESTABLISHMENT John J. Glynn, 655 Central Avenue Passed, adopted and approved this 12th day of June, 1967. Richard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler City Clerk Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Schultz. Carried by the following vote: Yeas - Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays-None. Mr. Arlan F. Kubitz of 1110 Altura Drive addressed the Council as to surface water undermining his street and sidewalks. Mayor Ludwig moved that Owen Riley and Thomas M. Flynn be re- appointed to the Planning & Zon- ing Commission for a five year term from 5-24-67 to 5-24-72. Sec- onded by Councilman Schultz. Car- ried by the following vote: Yeas - Mayor Ludwig, Council- men McCauley, Pregler, Schultz. Nays-Councilman Pfohl. Mayor Ludwig moved that Owen Riley be re-appointed to the Board of Zoning Adjustment for a five year term from 3-5-67 to 3-5-72. Sec- onded by Councilman Schultz. Car- ried by the following vote: Yeas - Mayor Ludwig, Council- men McCauley, Pregler, Schultz. Nays-Councilman Pfohl. Mayor Ludwig moved that Rev. Karl Schroeder and Rev. Geo. Ehl- hardt be re-appointed to the li- brary Board for a six year term from 7-1-67 to 7-1-73. Seconded by Councilman Schultz. Carried by the following vote: Yeas - Mayor Ludwig, men McCauley, Pfohl, Schultz. Nays-None. Council- Pregler, 1967 M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler Councilmen Attest Leo F. Frommelt City Clerk Councilman Schultz moved adop- tion of the resolution. Seconded by Mayor Ludwig. Carried by the fol- lowing vote: Yeas - Mayor men McCauley, Schultz. Nays-None. RESOLUTION NO. 159-67 WHEREAS, applications for liq- uor Permits have been submitted to this Council for approval and the same have been examined. NOW THEREFORE BE IT RE- SOLVED, by the City Council of the City of Dubuque, Iowa, that the following applications be grant- ed and licenses issued upon the compliance with the terms of the IOWA LIQUOR CONTROL ACT- CHAPTER 123 - as amended by the 60th General Assembly, 1963. CLASS "c" COMMERCIAL ESTABLISHMENT John J. Glynn, 655 Central Avenue Passed, adopted and approved this 12th day of June, 1967. Richard Ludwig, Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler Councilmen Attest: Leo F. Frommelt City Clerk Councilman Schultz moved adop- tion of the resolution. Seconded by Councilman McCauley. Carried by the following vote: Yeas - Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. Nays-None. RESOLUTION NO. 160-67 WHEREAS, applications for Liq- uor Permits have been filed by the within named applicants and they have received the approval of this Council, and WHEREAS, the premises to be occupied by such applicants were inspected and found to comply with the State Law and all City Council Pregler Ludwig, Pfohl, Special Session, June 12, Ludwig, Coun- Pfohl, Pregler, 'RESOLUTION 'NO. 158-67 WHEREAS, applications for Beer Permits were filed by the within named applicants and they have received the approval of this Council; and WHEREAS, the premises to be occupied by such applicants were inspected and found to comply with the ordinances of this City and they have filed proper bonds: NO THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the Manager be and he is hereby directed to issue to the following named applicants a Beer Permit. CLASS "B" BEER PERMIT Lucille McArdle, 2412 Central Ave- nue BE IT FURTHER RESOLVED that the bonds filed by such ap- plicants be and the same are here- by approved. Passed, adopted and approved this 12th day of June, 1967. Richard Ludwig Mayor RESOLUTION NO. 157-67 WHEREAS, applications for Beer Permits have been submitted to this Council for approval and the same have been examined: NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the following applica- tions be granted and licenses be issued upon the compliance with the terms of the ordinances of the City. CLASS "B" BEER PERMIT Lucille McArdle, 2412 Central Ave- nue Passed, adopted and approved this 12th day of June, 1967. Richard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Schultz. Carried by the following vote: Yeas - Mayor cilmen McCauley, Schultz. Nays-None. 288 ~ Clerk City Attest ;iQl"~'_~~:;\$' 291 to the following named applicants a Liquor Permit. CLASS "c" COMMERCIAL ESTABLISHMENT Phillip Robert Love, 1701 Cen- tral Avenue. Virginia Hos, 241 Main Street. Passed, adopted and approved this 14th day of June, 1967. Richard Ludwig Mayor M. Sylvester McCauley Eldon A. Pfohl Merlin F. Schultz Walter A. Pregler Councilmen Attest: Leo F. Frommelt City Clerk Mayor Ludwig moved adoption of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas-Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays-None. There being no further business Councilman McCauley moved to adjourn. Seconded by Mayor Lud- wig. Carried by the fOllOwing vote: Yeas-Mayor men McCauley, Schultz. Nays-None. Leo .....1967 1967 Council Pregler F. Frommelt City Clerk City Clerk Special Session, June 14, 1967 Councilmen Ludwig, Pfohl, Approved Adopted Attest: 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 RESOLUTION NO. 164-67 WHEREAS, applications for Liq- uor Permits have been submitted to this Council for approval and the same have been examined, Attest NOW THEREFORE Be It Re- solved, by the City Council of the City of Dubuque, Iowa, that the following applications be granted and licenses issued upon the com- pliance with the terms of the Iowa Liquor Control Act-Chapter 123-as amended by the 60th Gen- eral Assembly, 1963. CLASS "c" COMMERCIAL ESTABLISHMENT Phillip Robert Love, 1701 Cen- tral Avenue. Virginia Hos, 241 Main Street. Passed, adopted and approved this 14th day of June, 1967. Richard Ludwig Mayor M. Sylvester McCauley Eldon A. Pfohl Merlin F. Schultz Walter A. Pregler Councilmen Leo F. Frommelt City Clerk Councilman Pfohl moved adop- tion of the resolution. Seconded by Mayor Ludwig. Carried by the following vote: Yeas-Mayor Ludwig, men McCauley, Pfohl, Schultz. Nays-None. RESOLUTION NO. 165-67 WHEREAS, applications for Liq- uor Permits were filed by the within named applicants and they have received the approval of this Council, and WHEREAS, the premises to be occupied by such applicants were inspected and found to comply with the State Law and all City ordinances relevant thereto and they have filed proper bonds; NOW THEREFORE Be It Re- solved by the City Council of Du- buque, Iowa, that the Manager be authorized to cause to be issued Council Pregler Special Session, June 14, 1967 tions be granted and licenses be is- sued upon the compliance with the terms of the ordinances of the City. CLASS "B" BEER PERMIT Phillip Robert Love, 1701 Central Avenue Virginia Hos, 241 Main Street Passed, adopted and approved this 14th day of June, 1967. Richard Ludwig Mayor M. Sylvester McCauley Eldon A. Pfohl Merlin F. Schultz Walter A. Pregler Councilmen 290 CITY COUNCIL Attest: Leo F. Frommelt, City Clerk Councilman McCauley moved adoption of the resolution. Sec- onded by Mayor Ludwig. Carried by the following vote: Yeas - Mayor Ludwig, men McCauley, Pfohl, Schultz. Nays--None. Council Pregler RESOLUTION NO. 163-67 WHEREAS, applications for Beer Permits were filed by the within named applicants and they have received the approval of this Coun- cil, and WHEREAS, the premises to be occupied by such applicants were inspected and found to comply with the ordinances of this City and they have filed proper bonds: NOW THEREFORE, Be It Re- solved by the City Council of the City of Dubuque, Iowa that the Manager be and he is hereby di- rected to issue to the following named applicants a Beer Permit. CLASS "B" BEER PERMIT Phillip R. Love, 1701 Central Avenue. Virginia Hos, 241 Main Street. BE IT FURTHER RESOLVED that the bonds filed by such ap- lplicants be and the same are hereby approved. Passed, adopted and approved this 14th day of June, 1967. Richard Ludwig Mayor M. Sylvester McCauley Eldon A. Pfohl Merlin F. Schultz Walter A. Pregler Councilmen F. Frommelt City Clerk Leo Attest: OFFICIAL Special Session, June 14, 1967. Council met at 4:30 P.M. (D.S.T. Present-Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schulh:. City Manager Gilbert D. Chavenelle. Mayor Ludwig read the call and stated that service thereof had been duly made and this meet- ing is called for the purpose of directing the issuance of Cigarette, Beer and Liquor Licenses and act- ing upon such other business as may properly come before a regu- lar meeting of the City Council. Ludwig, Pfohl RESOLUTION NO. 161-67 BE IT RESOLVED by the City Council of the City .of Dubuque, Iowa, that the following having complied with the provisions of law relating to the sale of Cigarettes within the City of Dubuque, Iowa be granted a permit to sell Cigar- ettes and Cigarette Papers within said City. Phillip R. Love, 1701 Central Av- enue BE IT FURTHER RESOLVED that the bonds filed with the ap- plication be approved. Passed, adopted and approved this 14th day of June, 1967. Richard Ludwig Mayor M. Sylvester McCauley Eldon A. Pfohl Merlin F. Schultz Walter A. Pregler Councilmen Attest: Leo F. Frommelt, City Clerk Mayor Ludwig moved adoption of the resolution. Seconded by Coun- cilman Pregler. Carried by the fol- lowing vote: Yeas - Mayor men McCauley, Schultz. Nays-None. RESOLUTION NO. 162-67 WHEREAS, applications for Beer Permits have been submitted to this Council for approval and the same have been examined: NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the following applica- Council Pregler 293 for this entry. Mrs. Frommelt's ac- companying statement reads as fol- lows: "This flag represents the City of Dubuque in the past, present, and future. Our past was famous for not only it's founder, Julien Dubuque, but also it's position on the Father of Waters, the Mississippi River. In line with this thinking, the outer stripe of this flag is blue. One of the most significant features of our town today, as has always been, is its remarkable scenic beauty. I indi- cate this scenic beauty with the green stripe. The color green represents verdant bluffs, trees, and overall beauty of the city. I feel the future of the City of Dubuque is not only progressive, but extremely 'bright.' In keep- ing with the bright future that we have in store, I indicate this future with the yellow square- the center of the flag. In the cen- ter is the seal of Dubuque. The complete idea of this flag is sym- bolized by its layout. The pro- gression of thought exemplifying our significant past (blue), our beautiful present (green), and our bright future (yellow), leads up to and is unified by the offi- cial Seal of the City." On behalf of the Jury, I want to congratulate these winners, and all the entrants, on their excep- tional efforts and their willingness to take part in this project. Were it possible to have more than one final winner, our decision would not have been so difficult. The final winning entry, which according to the rules, was to be selected from one of these three group winners, and will become the property of the City of Du- buque, is, we feel, a design exem- plifying all the qualities previous- ly mentioned. Mr. Mayor and Gen- tlemen, this committee hopes that you, and the Citizens of Dubuque, will be in agreement with our choice, and that our local Business and Industrial Firms will repro- duce our flag on their literature and business stationery. And, after production is completed, they will display it along with our National and State Flags. The Jury's decision as to which of these three designs will re- ceive the additional $25 U.S. Sav- Session, June 19, 1967 on the top is a symbol of Du- buque's clear skies. On each side there are structures. To the right is the Shot Tower, and to the left is Julien Dubuque's Grave, each structure standing guard over Dubuque. On each side of the fleur-de-lis are (sic) symbols of the shot made by the Shot Tower. In the middle of the flag I put the Fleur-de-lis, as a symbol that the land around Du- buque once belonged to France." AWARD #2 of a $25 U.S. Savings Bond-in the category of Grades 9-12--goes to Zane Laugesen of 535 Southern Avenue for this entry. Zane's accompanying statement reads as follows: "This flag is to represent the fu- ture, present and past of Du- buque. The symbolizm of this flag pertains to the ever growing City of Dubuque. The yellow background is to represent the futuristic ideas and advance- ments. The Shot Tower is to re- present the 'boom' in economic and political reforms which our city has made from the past and will make in the future. Julien Dubuque's grave is to symbolize the past, and founder of our great city. For present day, I have what DUbuque is most not- ed for, and that is industry and education. First, industry has held a major role in our city, with John Deere, Dubuque Pack- ing Company and others, plus the utilities of our city. Industry brings our city good economic and moral standing which our Nation is now rapidly engaging in. Then, education with the col- legiate hat, or graduation hat. This is what every city needs to have. Advancement to prosper from the past to the future. The black arrow line is to symbolize the right road which DUbuque will follow in order to be the best city in which to live." Special Session, June 19, 1967 had its origin in the minds and hearts of a group of outstanding young women, who without a doubt, will be an asset as future citizens of our city. I would like to recognize Girl Scout Troop No. 54, and their leader, Mrs. Madeline Ragatz, and publicly commend them for their foresight and ini- tiative. A word of explanation as to our method of judging is in order be- fore the winners are announced. No one on the Jury was allowed to see any of the entries prior to the meeting, since they were in the possession of Mr. Gent Witten- berg, acting as Custodian of the Entries. The names of the entrants were covered to prevent us from knowing who submitted them. Each group was judged separately and we were not told which group we were judging, thereby enabling us to judge each entry on it's own merits. Each entry was close- ly scrutinized, and every accom- panying statement was fully read. After eliminating down to the three final selections in each age group, the statements were read again, this time aloud, and after lengthy discussion, we reached a final verdict. WHAT WERE WE LOOKING FOR IN A FLAG DESIGN? We realized that our selection must be of such, that it would endure through an ever changing future, and at the same time resound with the honor of a proud historical past. It must be of a design im- mediately recognizable as "The Flag" of the City of Dubuque, and of a color that would "fly tall" and significant in its pre- scribed place on the flag pole. It must be a flag that the citizens of Dubuque would be proud and happy to point out to all as "Our Flag." Dubuque is a proud city, and the image created, as our flag flutters in the breeze for all to see, must be a proud image. ~ It is my understanding that Zane's parents, Mr. and Mrs. Dale Laugesen, each submitted an en- try also. However, I feel certain they are proud that their son was a winner, but they should be com- mended for making this a family project. A WARD #3 of a $25 U.S. Sav- ings Bond-in the category of out of school, or other-goes to Mrs. Al Frommelt of 1010 Dunn Court AWARD #1 of a $25 U. S. Savings Bond-in the category of Grades 0.8, goes to John Jenkins, of 590 Maplewood Ct. for this en- try. John's accompanying state- ment reads as follows: Mayor Ludwig, City Council, of Dubuque: I am certain I speak for the five other members of the Jury when I tell you what a very re- warding experience it was for us to judge the entries for "Opera- tion Flag." We found ourselves with a very difficult task to per- form, for the variety and number of entries were so well done, we actually reaped a harvest of knowledge about our proud and historical City. The ingenuity of thought, and the planning of de- sign and color, were very indica- tive of long hours of research. Only after much discussion, and the fact that the other members of the Jury were so well versed on most of our historical facts, as well as being knowledgeable as to the basic points of design and color, were we able to narrow the field down to three winning entries. These other Jury members Special Session, June 19, 1967. Council met at 7:30 P.M. (D.S.T.) Present-Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. City Manager Gilbert D. Chavanelle. Mayor Ludwig read the call and stated that service thereof had been duly made and this meeting is called for the purpose of con- sidering awarding of contracts for the construction of the 1967 con- crete curb and gutter and paving with Hot Mix-Hot Laid and bitum- inous asphalt, and acting upon such other business as may properly come before a regular meeting of the City Council. June 19, 1967 Gentlemen of the and Citizens "In my flag, I tried to symbolize Dubuque's past history. The blue on the bottom is a symbol of the Mississippi River, and the blue are Miss Catherine M. Seitz-County Librarian. Professor Joseph Flynn-Retired Superintendent of Schools. Mr. Arthur Furlong-Past Presi dent of Dubuque Jaycees. Mr. Thomas Loosbrock-Archi teet. Mr. Allen A project such as this must have a starting point. "Operation Flag" 292 CITY COUNCIL OFFICIAL Stoltz-Designer. Special 295 instructed to draw a warrant in the amount of $13.00 made payable to Frances Haupert and Richard Hau- pert, her husband, and transit same to the City Attorney for delivery upon receipt of a duly executed release. Original claim is attached hereto. Respectfully submitted, R. N. Russo City Attorney Councilman Pregler moved that the recommendation of the City Attorney be approved. Seconded by Councilman McCauley. Carried by the following vote: Yeas - Mayor Ludwig, men McCauley, Pfohl, Schultz. Nays - None. 1967 Gentlemen On April 17, 1967, Elroy L. Bend- er of 685 Jefferson St., DUbuque, Iowa, ,filed claim against the City of Dubuque in the amount of $15.25 claiming damages to his vehicle as the result of a dead limb falling on his car on April 14, 1967 at 1211 University Ave., Dubuque. I have made an investigation of this matter and have conferred with Mr. Elroy L. Bender who has made an offer of settlement in the amount of $15.25 and it is the recommendation of the City Attor- ney that said offer of settlement be accepted and the City Auditor be instructed to draw a war:t:ant payable to Elroy L. Bender in the amount of $15.25 and transmit same to the City Attorney for de- livery upon receipt of duly exe- cuted release. claim Mayor Ludwig moved that the recommendation of the City At- torney be approved. Seconded by Councilman Schultz. Carried by the following vote: Yeas - Mayor men McCauley, Schultz. Nays-None. Council Pregler June 16, Honorable Mayor and City Council Session, June 19, 1967 Councilman Pregler moved that filing of the policy and bonds be approved subject to approval of the City Solicitor. Seconded by Councilman Schultz. Carried by the following vote: Yeas - Mayor cilmen McCauley, Schultz. Nays-None. LUdwig, Coun- Pfohl, Pregler, 1967 Hon. Mayor Gentlemen: On March 20, 1967, Alvin H. Maus of 1075 Tressa, Dubuque, Iowa, filed claim against the City of Dubuque for damages in the amount of $112.50 as the result of back up of sewer, claiming an ac- cumulation of rocks and debris, which occurred on March 9, 1967. I referred the above claim to the appropriate agency and am advised that the City was not negligent and therefore it is the recommen- dation of the City Attorney that this claim be denied. Original claim is attached here- to. Respectfully submitted, R. N. Russo City Attorney Mayor Ludwig moved approval of the City Attorney's recommenda- tion. Seconded ,by Councilman Schultz. Carried by the following vote: Yeas - Mayor cilmen McCauley, Schultz. Nays-None. Ludwig, Coun- Pfohl, Pregler, June 16, & City Council Special Session, June 19, 1967 Mr. Walsh was contacted and in as much as the Fuhrman Building is vacant on the first floor and basement a tentative agreement has received mutual approval by myself and Mr. Walsh. The building would be rented at a monthly rental of $275.00. The rental would continue on a month to month basis with a sixty day notice to vacate period. The City would furnish the heat because of the central heating for the whole building. The second and third floors in part are rented. The Walsh Stores would assume and pay the difference in any in- surance rise that may occur be- cause of their type of occupancy. They would also be required to assume the Public Liability for their part. I do not wish to be in the build- ing rental business but we have the vacant space and the revenue will help to offset our maintenance costs. Would you please consider ap- proval of this agreement. Respectfully, Gilbert D. Chavenelle City Manager Councilman Schultz moved that the recommendation of the City Manager be approved. Seconded by Councilman Pfohl. Carried by the following vote: Yeas - Mayor cilmen McCauley, Schultz. Nays-None. To the Honorable and City Council, June 16, 1967 Hon. Mayor & City Council Re: Mrs. Richard A. Haupert Route 3-Box 258-A-2 Dubuque, Iowa Gentlemen This is to advise that I have ap- proved the following policy and bonds and desire to have your ap- proval on same. June 15, 1967 The Honorable Mayor and City Council attached here- Attorney Respectfully submitted, R. N. Russo City Council Pregler Ludwig, Coun- Pfohl, Pregler, 19, 1967 June Mayor Ludwig, Pfohl, Special ings Bond, and become the Offi- cial Flag of the City of Dubuque, goes to Mrs. Al Frommelt of 1010 Dunn Court, the winner of group #3. I know Mrs. Frommelt realizes what an honor it is, to be a part of the recorded history of Du- buque, as designer of our City Flag. Her entry, alone, proves that she has a sense of Civic Responsi- bility and as Grand Prize Winner in this project she has proven her personal ability. Mr. Mayor, it is the recommen- dation of the Jury, that this entry be sent to a designer for final drafting and plans for production be set in motion. I hereby submit a copy of this report to the City Clerk, to be in- cluded as part of the permanent records of the City of Dubuque. Respectfully submitted by: Mrs. Gene Mader, Chairman Councilman McCauley moved ap- proval of the recommendation and that same be received and made a matter of record. Seconded by COllncilman Schultz. Carried by the following vote: Yeas - Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. Nays-None. Councilman Pregler moved to prevail upon the City Solicitor to formalize a resolution adopting the entry of Mrs. Al Frommelt and that a copy of same be sent to Mrs. Frommelt. Seconded by Council- man Pfohl. Carried by the follow- ing vote: Yeas - Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. Nays--None. is Original to. Gentlemen: On January 30, 1967, Mrs. Rich- ard Haupert filed claim against the City of Dubuque as the result of injuries suffered on December 24, 1966, in a fall on an allegedly de- fective sidewalk at 1866 Washing- ton Street, Dubuque, Iowa, and suf- fered cut knee and scraped wrist. I have confered with claimant who has made an offer of settle- ment in the amount of $13.00 cov- ering medical expenses. It is the recommendation of the City Attor- ney that said offer of settlement be made and the City Auditor be COMPREHENSIVE LIABILITY Conrad Paint & Hardware, Inc. & Conrad Plumbing & Heating, Inc., American States Insurance Company SIDEWALK Mac Correll, Merchants Mutual Bonding Company Leo L. Furlong, DBA Overhead Door Company, United Pacific Insurance Company Respectfully, Gilbert D. Chavenelle City Manager 294 Gentlemen On May 24, 1967, I received a communication from Cliff Walsh of the Walsh Stores advising me that the building they are present- ly using as the Bargain Den at 12th and Iowa has been sold and will be torn down. Mr. Walsh stated he desired a new location preferably close to the present main operation at 13th and Central. The closest vacant building that would suit their pur- pose is the Fuhrman Building. 297 No written objections were filed and no oral objectors were present in the Council chamber at the time set for the public hearing. Mayor Ludwig moved that the proof of publication be received and filed. Seconded by Councilman Schultz. Carried by the following vote: Yeas - Mayor men McCauley, Schultz. Nays--None. Council Pregler ORDINANCE NO. 25-67 An Ordinance Amending and changing Ordinance No. 3.34 known as the Zoning Map and Zoning Ordinance of the City of Dubuque so as to change certain property hereinafter described froml "Single Family Residence District" classification to "Local Business District "B" Classifica. tion, (Yiannias property), said Ordin- ance having been previously pre- sented and read at the Council meeting of May 22, 1967, presented for final adoption. It is the recommendation of the City, Planning and Zoning Com- mission that the petition as sub- mitted be denied and that no change in zoning be made. Respectfully submitted, Don Gilson, Director of Planning Councilman Schultz moved that the recommendation of the Plan- ning & Zoning Commission be ap- proved. Seconded by Councilman McCauley. Carried by the follow- ing vote: Yeas - Mayor men McCauley, Schultz. NaYs-None. Council Pregler Ludwig, Pfohl, Ludwig, Pfohl, Session, June 19, 1967 Valeria It was the opinion of the Com- mission that the multiple residence provisions in the zoning ordinance would permit a higher density of dwelling units than would be desir- able for this area and that the increased traffic that would be created by a multiple family devel- opment would cause conjestion on the streets immediately adjacent to the site. Special Joseph Digman, 380 ORDINANCE NO. 25-67 AN ORDINANCE AMENDING AND CHANGING ORDINANCE NO. 3-34 KNOWN AS THE ZONING MAP AND ZONING ORDINANCE OF THE CITY OF DUBUQUE SO AS TO CHANGE CERTAIN PROPERTY HEREINAFTER DESCRIBED FROM "SINGLE FAMILY RESIDENCE DISTRICT" CLASSIFICA- TION TO "LOCAL BUSINESS DISTRICT "B" CLASSIFICATION. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCil OF THE CITY OF DUBUQUE, IOWA: Section 1. That Ordinance No. 3-34 known as the Zoning Map and Zoning Ordinance of the Cltv of Dubuque, Iowa, be and the same is herebv amended bv changing from "Sln~le Familv Residence District" ClassificatIOn to "Local Busi- ness District "B" Classification, the fol- lowing described real estate, to wit: Lot 1 of Lot 1 of Lot 2 of Lot 2 of Lot 1 of Lot 1 and Lot 1 of Lot 2 of Lot 1 of Lot 1 and Lot 1 of Lot 2 of Lot 2 of Lot 2 of Lot 2 of Lot 1 of Lot 1 all in Hawkeve Stock Farm in Sections 27 and 28, Du- buque Township, DUbuque Countv, Iowa, and Lot 2 of Lot 2 of Lot 2 of Ru- dolph's Farm in Section 27, Town- ship 89 North, Range 2 East of 5th P.M., and Lot 2 of correction Plat of Lot 1 of Mineral Lot 246 in the Citv of Dubuque, Iowa; and Lot 1 of Lot 1 of Lot 2 of Lot 2 of RUdolph's Farm in Section 27, town- ship 89 North, Range 2 East of 5th P.M., and Lot 2 of Lot 2 of Lot 2 of Lot 2 of Lot 2 of Lot 2 of Lot 1 of Lot 1 Hawkeve Stock Farm in Sec- tions 27 and 28, DUbuque Township, DUbuque Countv, Iowa, and Lot 2 of Lot 1 of Lot 2 of Lot 2 of RudolPh's Farm in Section 27, Town- Ship 89 North, Range 2 East of 5th P.M., and Lot 1 of Lot 2 of Lot 2 of Lot 2 of Lot 2 of Lot 2 of Lot 1 of Lot 1 of Hawkeve Stock Farm in Sections 27 and 28, Dubuque Town- ship, Dubuque Countv, Iowa and that WJ'J~~~hP: ~~~,.J y~ ~~~ti~nOf2},0~dw~! Ship 89 North, Range 2 East of 5th P.M. Ivlng not farther than 633 feet from the center line of John F. Kennedv Road, and Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 2 of Lot 1 of Mineral Lot 244. Proof of Publication, certified to by the Publisher, of notice of pub- lic hearing on Ordinance No. 25-67, which is an Ordinance to amend the Zoning Map and Zoning Ordin- ance known as Ordinance No. 3-34 so as to change the following de- scribed real estate from Single Family to Local Business District "B" classification; Lot 1 of 1 of 2 of 2 of 1 of 1 and Lot 1 of 2 of 1 of 1 and Lot 1 of 2 of 2 of 2 of 2 of 1 of 1 in Hawkeye Stock Farm Sec. 27 & 28; Lot 2 of 2 of 2 of Rudolph's Farm Sec. 27; Lot 2 of Correction Plat of Lot 1 of M. L. 246; Lot 1 of 1 of 2 of 2 of Rud- olph's Farm Sec. 27; Lot 2 of 2 of 2 of 2 of 2 of 2 of 1 of 1 of Hawk- eye Stock Farm Sections 27 & 28; Lot 2 of 1 of 2 of 2 of Rudolph's Farm Section 27; Lot 1 of 2 of 2 of 2 of 2 of 2 of 1 of 1 Hawkeye Stock Farm Sections 27 & 28; and that portion of Lot 1 of 1 of 1 of Rudolph's Farm in Section 27, Twp. 89 N. R. 2E. lying not farther than 633' from the center line of John F. Kennedy Road; and Lot 1 of 1 of 1 of 1 of 1 of 2 of 1 of M. L. 244; Lot 15, Block 2 of West- side Manor Subdivision, (Yiannias property) presented and read. Valer- Yeas - Mayor Ludwig, Council men McCauley, Pfohl, Pregler Schultz. Nays-None. Notice of claim of Robert J. Ca- hill of R.R. #3 in the amount of $150. for car damage incurred in making a delivery to the city dump on June 10, 1967, presented and read. Mayor Ludwig moved that the notice of claim be referred to the City Solicitor for investigation and report. Seconded by Councilman Schultz. Carried by the following vote: Yeas - Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Sch ultz. Nays--None. June 19, 1967 Honorable Mayor and City Councilmen Gentlemen The City Planning and Zoning Commisesion has received an appli- cation for rezoning of property located on the north side of Valeria Street at the intersection of 23rd Street and described as Lots 13, 14, 15 and 16 of Schaffner's Subdivi- sion. The request is for the proper- ty to be reclassified from two fam- ily residence to multiple residence on the zoning map. The property is a portion of an abandoned stone quarry. After reviewing this re- quest it was the opinion of the Commission that any rezoning pro- posal for this area should include all of the undeveloped land in the quarry. A public hearing was held on June 15th on a proposal to reclass- ify Lots 13, 14, 15, 16 and 16A of Schaffner's Subdivision and Lot 2 of Lot 6 of Brewery's Addition and Lot 16A of Brewery's Addition from two family residence to mul- tiple residence. No one was present to speak on behalf of the proposal. A petition objecting to the pro- posal bearing 24 signatures was on file. The following persons were present and spoke in opposition to the proposal: Mr. Ed Westemeier, 338 Valeria Street Mr. Joseph Huber, 360 Valeria Street Mr. Ray Batteram, 324 Valeria Street Mr. Wilhelm Scheele, 348 ia Street Session, June 19, 1967 Council- Pregler, 19, 1967 Honorable Mayor City Council Gentlemen: On March 16, 1967, Mrs. Jean A. Duncan of 515 Cooper PI., Dubu- que, Iowa, filed claim for damages to her car allegedly occurring as a result of a defective condition in street at about 5th & Bluff Streets. In view of the foregoing, I recommend denial of the claim of Mrs. Jean A. Duncan and original claim is attached hereto. Respectfully submitted, R. N. Russo City Attorney Councilman McCauley moved that the recommendation of the City Attorney be approved. Second- ed by Mayor Ludwig. Carried by the following vote: 1967 The letter from St. Joseph Mercy Hospital dated Feb. 10, 1967, con- cerning the widening of Mazzuchel- li Street and the agreement to dedicate to the public for street purposes certain parcels of real estate by Mercy Hospital was refer- red to the City Attorney. This is to advise that this mat- ter has been brought to a success- ful conclusion; the transfers to City of Dubuque have been re- ceived and filed and the convey- ance of real estate to Mercy Hos- pital by the City of Dubuque has been made and purchase price been received. Original letter of February 10, 1967, is returned herewith. Respectfully submitted, R. N. Russo, City Attorney Councilman McCauley moved that the communication be receiv- ed and filed. Seconded by Council- man Schultz. Carried by the fol- lowing vote: Yeas - Mayor men McCauley, Schultz. Nays-None. This matter was referred to Peoples Natural Gas Company who advised this writer on June 15, 1967, that payment in the amount of $40.00 was made. June 16, Honorable Mayor and City Council Gentlemen ~ Mr. Street Special 296 Ludwig, pfohl, June 'and f 299 ORDINANCE NO. 29.67 An Ordinance amending Ordi- nance No. 33-49, known as the "Traffic Code of Dubuque, Iowa" as amended by enacting a new subsection 6 to Section F of Schedule III thereof and by en. acting a new subsection 7 to Section F of Schedule III thereof to provide that sounth boeund vehicles must stop before enter. ing the intersection of Garfield Avenue and Johnson Street and the intersection of Garfield Av- enue and Kniest Street, presented and read. Councilman Schultz moved that the reading just had be considered the first reading of the Ordinance. Seconded by Councilman McCau. ley. Carried by the following vote: Yeas-Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays-None. Councilman Schultz moved that the rule requiring an ordinance to be read on three separate days be waived. Seconded by Councilman Pregler. Carried by the follow- ing vote: Yeas--Mayor Ludwig, men McCauley, Pfohl, Schultz. Nays-None. Council Pregler ORDINANCE No. 29-67 AN ORDINANCE AMENDING ORDI- ~f~~fFI~o. 2g-~~ K~~WNDtf~UJJ'l IOWA" AS AMENDED BY ENACTING A NEW SUBSECTION 6 TO SECTION F OF SCHEDULE 1/1 THEREOF AND BY ENACTING A NEW SUBSECTION 7 TO SECTION F OF SCHEDULE 1/1 THEREOF TO PROVIDE THAT SOUTH BOUND VEHICLES MUST STOP BE- FORE ENTERING THE INTERSECTION OF GARFIELD AVENUE AND JOHN- SON STREET AND THE INTERSEC- TION OF GARFIELD AVENUE AND KNIEST STREET. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Ordinance No. 33-49. known as the "Traffic Code of Dubuque, Iowa" as amended, be and the same is hereby amended by enacting a new Subsection 6 of Section F thereof of Schedule 1/ I thereof and by enacting a new Subsection 7 of Section F of Sched- ule 1/ I thereof as follows to wit: "SCHEDULE II/ F. 6. Garfield AVENlue and Johnson Street; 7. Garfield Avenue and Kniest Street." Passed, adopted and approved this 19th day of June, 1967. RICHARD LUDWIG Mayor M. SYLVESTER McCAULEY MERLIN F. SCHULTZ ELDON A. PFOHL WALTER A. PREGLER Councilmen Allest: Leo F. Frommelt City Clerk. Published officially in The Telegraph. Herald Newspaper this 23rd day of June 1967. Leo F. Frommelt City Clerk Session, June 19, 1967 6/23 Councilman Schultz moved that the reading just had be considered the first reading of the Ordinance. Seconded by Councilman McCau- ley. Carried by the following vote: Yeas - Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays-None. Councilman Schultz moved that the rule requiring an ordinance to be read on three separate days be waived. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor men McCauley, Schultz. Nays-None. Council- Pregler, ORDINANCE NO. 28-67 AN ORDINANCE AMENDING ORDI- f'!t~PFI~O. c3J'~~ K~~WNDOiuJJ'l; IOWA" AS AMENDED, BY REPEALING SUBSECTION 1 OF SECTION D OF ISNC~ E Dt<Y6-~TH M6uJii E RJ'JIfICL~~QU ~~ STOP BEFORE ENTERING THE IN- TERSECTION OF SECOND AND IOWA STREETS AND BY REPEALING SEC- TION U OF SCHEDULE 1/ THEREOF AND ENACTING A NEW SECTIONU OF SCHEDULE 1/ THEREOF TO PROVIDE THAT IOWA STREET IS A THROUGH STREET FROM EAST FIRST STREET TO THE SOUTH PROPERTY LINE OF WEST FOURTH STREET AND FROM THE NORTH PROPERTY LINE OF WEST FOURTH STREET TO THE SOUTH PROPERTY LINE OF WEST SEVENTEENTH STREET. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Ordinance No. 33-49 known as the "Traffic Code of Dubuque, Iowa" as amended, be and the same is hereby amended bY repealing Subsection 1 of Section D of Schedule II/thereof and that the same is hereby repealed. Section 2. That Ordinance No. 33-49, known as the "Traffic Code of Dubuque, lowall as amended, be and the same is hereby amended by repealing Section U Of Schedule II thereof and enacting a new Section U in lieu thereof as follows: "SCHEDULE II. U. Iowa Street from East First Street to the south property line of West Fourth Street and from the north property line of West Fourth Street to the south property line of West Seventeenth Street." Passed, adopted and approved this 19th day of June, 1967. RICHARD LUDWIG Mayor M. SYLVESTER McCAULEY MERLIN F. SCHULTZ ELDON A. PFOHL WAL TER A. PREGLER Councilmen t. 6-23 Councilman Schultz moved final adoption of the Ordinance. Second- ed by Councilman Pfohl. Carried by the following vote: Yeas--Mayor Ludwig, men McCauley, Pfohl, Schultz. Nays-None. Special Frommel Clerk Council Pregler A IIest: Leo F. Frommel City Clerk Published offically in the Telegraph- Herald Newspaper this 23rd day ot June 1967. Ludwig, Pfohl, Leo F. City 1967 viously presented and read at the Council meeting of May 22, 1967, presented for final adoption. ORDINANCE NO. 26-67 AN ORDINANCE AMENDING AND CHANGING ORDINANCE NO. 3-34 KNOWN AS THE ZONING MAP AND ZONING ORDINANCE OF THE CITY OF DUBUQUE SO AS TO CHANGE CERTAIN PROPERTY HEREINAFTER DESCRIBED FROM "LOCAL BUSINESS DISTRICT "A" CLASSIFICATION TO "LOCAL BUSINESS DISTRICT "B" CLASSIFICATION. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF CITY OF DUBUQUE, IOWA: Section 1. That Ordinance No. 3-34 known as the Zoning Map and Zoning Ordinance of the City of Dubuque, Iowa, be and the same Is hereby amended bY changing from "Local Business District "A" Classification to "Local Business District "B" Classificallon, the following deSC[~~ o'n:n ef'g:elolo1 ~t:RUdOIPh'S Farm in Secllon 27, Township 89 North, Range 2 East of 5th P.M. and Lot 2 of Lot 1 of Lot 2 of Lot 2 of Lot 1 of Lot 1 of Hawkeye Farm in Secllons 27 and 28, Dubuque TO~~S~iPOf D~~t~U~fC'1f.l'Zrph~~aFaar~ in Section 27, Township 89 North. Range 2 East of 5th P.M. and Lot 1 of Lot 2 of Lot 2 of Lot 2 of Lot 1 of Lot 1 of Hawkeye Stock Farm in Sections 27 and 28, Du- buque Township, Dubuque County, Iowa. Passed, adopted and approved this 19th da~I~Hiu,r6' m~WIG Mayor M. SYLVESTER McCAULEY MERLIN F. SCHULTZ ELDON A. PFOHL WALTER A. PREGLER Councilmen moved final Second- Carried Council- Pregler, ORDINANCE NO. 28-67 An Ordinance Amending Ordin- ance No. 3349, known as the "Traffic Code of Dubuque, Iowa" as amended, by repealing Sub. section 1 of Section D of Sched. ule III thereof requiring north. bound vehicles to stop before entering the intersection of Sec- ond and Iowa, Streets and by re- peaUng Section "U" of Schedule " thereof and enacting a ne,w section "U" of Schedule " thereof to provide that Iowa Street is a through street from East First Street to the South Property line of West Fourth Street and from the North Prop- erty line of West Fourth Street to the South Property Line of West Seventeenth Street, presented and read. in The Telegraph- this 23th day of Leo F. Frommelt City Clerk ATTEST: Leo F. Frommelt City Clerk Published officially Herald Newspaper June, 1967. It. 6-23 Councilman Pregler adoption of the Ordinance. ed by Councilman Schultz. by the following vote: Yeas - Mayor Ludwig, men McCauley, Pfohl, Schultz. Nays--None. Session, June 19, t. 6-23 Councilman McCauley moved fin- al adoption of the Ordinance. Sec- onded by Councilman Schultz. Car- ried by the follOwing vote: Yeas - Mayor Ludwig, Council- men McCauley, pfohl, Pregler, Schultz. Nays--None. Proof of Publication, certified to by the Publisher, of notice of pub- lic hearing on Ordinance No. 26-67, a proposed Ordinance to amend the Zoning Ordinance No. 3-34, so as to change the following describ- ed real estate from Local Busi- ness District "A" Classification to Local Business District "B" Class- ification (Yiannias property) Lot 2 of 1 of 1 of Rudolph's Farm Sec- tion 27; Lot 2 of 1 of 2 of 2 of 1 of 1 of Hawkeye Stock Farm Sec- tions 27 and 28; Lot 1 of 2 of Rudolph's Farm Section 27 Twp 89 N. Range 2E; Lot 1 of 2 of 2 of 2 of 1 of 1 of Hawkeye Stock Farm Sections 27 and 28 in Dubuque Twp. presented and read. No written objections were filed and no oral objectors were present in the Council Chamber at the time set for the public hearing. Mayor Ludwig moved that the proof of publication be received and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Ludwig, men McCauley, Pfohl, Schultz. Nays--None. Council- Pregler, pre- ORDINANCE NO. 26-67 An Ordinance Amending and changing Ordinance No. 3.34 known as the Zoning Map and Zoning Ordinance of the City of Dubuque so as to change certain property hereinlafter described from "'Local Business District "A" classification to "Local Busi. ness District "B" Classification (Yiannias property) said ordinance having been Lot 15, Block 2 of Weslside Manor Subdivision of the City of Dubuque, Iowa. Passed, adopted and approved this 9th da~18~A'~&e, L1~"'/IG Mayor M. SYLVESTER McCAULEY MERLIN F. SCHULTZ ELDON A. PFOHL WALTER A. PREGLER Councilmen Leo F. Frommelt City Clerk Published officiallY in The Telegraph- Herald Newspaper this 23rd day of June, 1967. Leo F. Frommelt City Clerk Special 298 iliI\I<t 301 Councilman Schultz moved that the reading just had be considered the first reading of the Ordinance. Seconded by Councilman McCau- ley. Carried by the following vote: Yeas-Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays-None. Councilman Schultz moved that the rule requiring an Ordinance to be read on three separate days be waived. Seconded by Council- man Pregler. Carried by the fol- lowing vote: Yeas-Mayor Ludwig, Council men McCauley, Pfohl, Pregler Schultz. Nays-None. ORDINANCE No. 32-67 AN ORDINANCE AMENDING ORDI- NANCE No. 33-49, KNOWN AS THE "TRAFFIC CODE OF DUBUQUE, IOWA" AS AMENDED, BY ENACTING A NEW SECTION 16.23 THEREOF TO PROVIDE THAT VEHICLES SHALL NOT BE PARKED AT ANY TIME FOR A LONGER PERIOD THAN FIFTEEN MINUTES ON THE SOUTHEASTERLY SIDE OF RHOMBERG AVENUE FROM KNIEST STREE:T TO MARSHALL STREET. NOW THEREI=ORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Ordinance No. 33-49, known as the "Traffic Code of Dubuque, Iowa, as amended, be and the same is hereby amended by enacting a new Section 16.23 thereto as follows: "16.23 Vehicles shall not be parked at any time for a longer time than 15 minutes on the southeasterly side of Rhomberg A venue from Kniest Street to Marshall Street." Passed, adopted and approved this 19th dav of June, 1967. Richard Ludwig Mavor M. Svlvester McCaulev Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler Councilmen 1967 Attest: Leo F. Frommelt Citv Clerk Published offlclallv in The Telegraph- Herald Newspaper this 23rd dav of June 1967. Session, June 19, Yeas - Mayor Ludwig, Council men McCauley, Pfohl, Pregler Schultz. Nays-None. ORDINANCE No. 31-67 AN ORDINANCE AMENDING ORDI- NANCE No. 33-49, KNOWN AS THE "TRAFFIC CODE OF DUBUQUE, IOWA" AS AMENDED, BY REPEAL- ING SUBSECTION 27 OF SCHEDULE VI THEREOF WHICH PROHIBITED THE PARKING OF MOTOR VEHICLES ON THE SOUTHEASTERLY SIDE OF RHOMBERG AVENUE FROM CHICAGO AND GREAT WESTERN RAILROAD TRACKS TO MARSHALL STREET AND BY ENACTING A NEW SUBSECTION 27 OF SCHEDULE VI TO PROVIDE THAT PARKING OF MOTOR VEHICLES IS PROHIBITED ON THE SOUTHEASTER- L Y SIDE OF RHOMBERG AVENUE FROM ELM STREET TO KNIEST STREET AND BY ENACTING A NEW SUBSECTION 95 01= SCHEDULE VI TO PROHIBIT THE PARKING 01= MOTOR VEHICLES ON THE EAST SIDE OF MAPLE STREET FROM SIXTEENTH STREET TO SEVENTEENTH 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 ret>ealing Subsec- tion 27 of Schedule VI thereof and enact- ing a new Subsection 27 of Schedule VI thereof as follows: "SCHEDULE VI 27. On the southeaster Iv side of Rhom- berg Avenue from Elm Street to Knlest Street." Section 2. That Ordinance No. 33-49, known as the "Traffic Code Of Dubuque, Iowa, as amended, be and the same is hereby amended bv enacting a new Subsection 95 of Schedule VI thereof as follows: "SCHEDULE VI 95. On the East side of Maple Street from 16th Street to 17th Street." Passed, adopted and approved this 19th dav of June, 1967. Richard LUdwig M~\~~~ester McCaulev Merlin F. Schultz Eldon A. Pfoh I Walter A. Pregler Councilmen Attest: Leo F. Frommelt Citv Clerk. Published officiallv in The Telegraph- Herald Newspaper this 23rd dav of June 1967. Leo F. Frommelt Citv Clerk Special Session, June 19, 1967 SectiQn 2. Thjlt Ordlnllnce No. 33-49, known as the "Traffic Code of Dubuque, IOWll" llS amended, be and the same is herebv amended bv enacting a new Subsection 17 to Section B of Schedule III ,~~f~YlD~tJoWrs: B. 17. Lincoln Avenue and Johnson Street." Passed, adopted and approved this 19th dav of June, 1967. RICHARD LUDWIG 11. 6-23 Councilman Schultz moved final adoption of the Ordinance. Sec- onded by Councilman Pfohl. Car- ried by the following vote: Yeas-Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays-N ORDINANCE NO. 31.67 An Ordinance Amending Ordin- ance No. 33-49, known as the "Traffic Code of Dubuque, Iowa" as amended, by repealing Sub. section 27 of Schedule VI thereof which prohibited the parking of motor vehicles on the southeast- erly side of Rhomberge Avenue from Chlc"go and Greet Western Railroad tracks to Marshall Street and by enacting a new Subsection 27 of Schedule VI to provide that parking of motor vehicles is prohibited on the southeasterly side of Rhomberg Avenue from Elm Street to Kniest Street and by enacting a new subsection 95 of Schedule VI to prohibit the parking of motor vehicles on the East side of Maple Street from Sixteenth Street to Seventeenth Street, presented and read. - Councilman Schultz moved that the reading just had be considered the first reading of the Ordinance. Seconded by Councilman McCau- ley. Carried by the following vote: Yeas - Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays - None. Councilman Schultz moved that the rule requiring an Ordinance to be read on three separate days be waived. Seconded by Councilman Pregler. Carried by the following vote: ATTEST: LEO F. FROMMELT Cltv Clerk Published officiallv In The Telegraph- Herllld Newspaper this 23rd dav of June, 1967. Leo F. Frommelt C,tv Clerk Mavor M. SYLVESTER McCAULEY MERLIN F. SCHULTZ ELDON A. PFOHL WALTER A. PREGLER Councilmen one. t. 6/23 Councilman Schultz moved final adoption of the Ordinance. Second- ed by Councilman Pfohl. Carried by the following vote: Yeas-Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays-None. Petition of Grandview Plaza Apartments requesting installation of a street light on Julien Dubuque Drive between Grandview Ave. and Louis Murphy Park, presented and read. Councilman Pregler moved that the petition be referred to the Manager and Electrical Inspector for investigation and report. Sec- onded by Councilman Pfohl. Car- ried by the following vote: Leo F. Frommelt Cltv Clerk. 11. 6/23 Councilman Schultz moved final adoption of the Ordinance. Second- ed by Councilman Pfohl. Carried by the following vote: Yeas - Mayor Ludwig, Council men McCauley, Pfohl, Pregler Schultz. Nays-None. ORDINANCE NO. 32-67 An Ordinance a,mending Ordi. nance No. 33-49, known as the "Traffic Cod'e of Dubuque, Iowa" as amended', by enactlngi a new Section 16.23 thereof to provide that vehicles shall not be pa,rked at any time for a longer period than fifteen minutes on, the southeasterly side of Rhomberg Avenue from Kniest Street to Marshall Street, presented and read. Special Councilman Schultz moved adoption of the Ordinance. onded by Councilman Pfohl. ried by the following vote: Yeas-Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays-None. ORDINANCE NO. 30-67 An Ordin.mce amending Ordi. niUlce No. 33-49, known as the "TrilHic Code of Dubuque, Iowa" as amttnded by enacting a new subsection 15 to Section A of Schedule III thereof and by en. actin9 a new subsection 17 to Section B of Schedule III thereof to provide that East and West bound vehicles must stop before entering the interestion of Syca- more and East Fifteenth Street "nd provid'ing that north and south bound vehicles must stop before entering the interestion of Lincoln Avenue and Johnson Street, presented and read. Councilman Schultz moved that the reading just had be considered the first reading of the Ordinance. Seconded by Councilman McCauley. Carried by the following vote: Yeas-Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays-None. Councilman Schultz moved that the rule requiring an ordinance to be read on three separate days be waived. Seconded by Councilman Pregler. Carried by the following vote: Yeas-Mayor Ludwig, men McCauley, Pfohl, Schultz. Nays--None. ORDINANCE NO. 30-67 AN ORDINANCE AMENDING ORDI- NANCE NO. 33-49, KNOWN AS THE "TRAFFIC CODE OF DUBUQUE. lO~~~ 1tB~~t!I'b~D 15B';-l~~HI~~ A OF SCHEDULE III THEREOF AND BY ENACTING A NEW SUBSECTION 17 TO SECTION B OF SCHEDULE III THEREOF TO PROVIDE THAT EAST AND WEST BOUNO VEHICLES MUST STOP BEFORE ENTERING THE IN- TERSECTION OF SYCAMORE AND EAST FIFTEENTH STREET AND PRO- VIDING THAT NORTH AND SOUTH BOUND VEHICLES MUST STOP BE- FORE ENTERING THE INTERSECTION OF LINCOLN AVE,NUE AND JOHN- SON 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 "Trllffic Code of DubUQue, I owa" as amended, be and the same is ~g~~~ ~Tet'6dege~ro"'"1ctb~g S~~;:;'le s~~ thereof as follows: "SCHEDULE III A. 15. Svcamore and Street. II I~'rll,",~i!r'" Council- Pregler, 5th EllS t final Sec- Car- 300 303 crosshatched on the Plat attach- ed hereto, marked Exhibit "A" and by this reference made a part hereof, in connection with City of Du- buque Flood Control Plan. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Delivery of grant of perpetual easement to City of Du- buque, Iowa by Dubuque Stone Products Co. dated the 22nd day of May, 1967, be and the same is hereby accepted by the City of Dubuque, Iowa. Section 2. That the City Clerk be and he is hereby ordered to exe- cute the certificate of Clerk af- fixed to such granting instrument and cause said grant of perpetual easement to be recorded in the office of the Recorder in and for Dubuque County, Iowa, together with this Resolution. Passed, adopted and approved this 19 day of June, 1967. Richard LUdwig Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler Councilmen 1967 Session, June 19, cross-hatched on the attached Plat, marked Exhibit "A" and by this reference made a part hereof, in connection with City of Du- buque Flood Control Plan. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Delivery of grant of perpetual easement to City of Du- buque, Iowa by Flynn Ready-Mix Concrete, as Lesee of City of Du- buque dated the 12th day of May, 1967, be and the same is hereby accepted by the City of DUbuque, Iowa. Section 2. That the City Clerk be and he is hereby ordered to exe- cute the certificate of Clerk af- fixed to such granting instrument and cause said grant of perpetual easement to be recorded in the office of the Recorder in and for DUbuque County, Iowa, together with this Resolution. Passed, adopted and approved this 19 day of June, 1967. Richard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler Councilmen Special 1967 The rights of Grantee under this temporary Flood Control Easement Deed shall terminate on December 31, 1971, in connection with City of Dubuque Flood Control Plan. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Delivery of grant of perpetual easement to City of Du- buque, Iowa by Flynn Ready-Mix Concrete, as Lessee of City of Du- buque dated this 12th day of May, 1967, be and the same is hereby accepted by the City of Dubuque, Iowa. Section 2. That the City Clerk be and he is hereby ordered to execute the certificate of Clerk af- fixed to such granting instrument and cause said grant of perpetual easement to be recorded in the office of the Recorder in and for Dubuque County, Iowa, together with this Resolution. Passed, adopted and approved this 19 day of June, 1967. Richard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler Councilmen Attest: Leo F. Frommelt, City Clerk Councilman Schultz moved adop- tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor men McCauley, Schultz. NaYs-None. Ludwig, Council- Pfohl Pregler, Attest: Leo F. Frommelt, City Clerk Councilman Schultz moved adop- tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor men McCauley, Schultz. Nays-None. Council- Pregler, Ludwig, Pfohl, Attest: Leo F. Frommelt, City Clerk Councilman Schultz moved adop- tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Ludwig, Council men McCauley, Pfohl Pregler Schultz. Nays-None. Yeas-Mayor men McCauley, Schultz. Nays-None. Petition of Peoples Natural Gas requesting permission to excavate on Windsor near Burden, present- ed and read. Councilman Pregler moved that the petition be granted. Seconded by Councilman Schultz. Carried by the following vote: Yeas-Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays-None. Petition of Peoples Natural Gas requesting permission to excavate in 12th street and 14th street, both off White Street, presented and read. Councilman Schultz moved that the petition be granted. Seconded by Councilman McCauley. Carried by the following vote: Yeas-Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays-None. Petition of Peoples Natural Gas requesting permission to excavate in Irving Street, Decorah Street, Green Street and Cherry Street, presented and read. Councilman Pregler moved that the petition be granted subject to approval of the City Engineer. Seconded by Councilman Schultz. Carried by the following vote: Yeas-Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays-None. RESOLUTION NO. 166-67 Resolution accepting delivery of grant of easement for flood pro- tection works. Session, June 19, Council Pregler ~ ~I III "~,.'" iil!li ~~III ,il i:I!li 'il~,'ei j I ill 1;1 11,1 l' RESOLUTION NO. 169-67 Resolution accepting delivery of grant of easement for flood pro- tection works. WHEREAS, Dubuque Stone Pro- ducts Co. has executed and deliver- ed to City of Dubuque, Iowa, a grant of perpetual easement in, on, over, and across the following described real estate, to wit: A tract of land lying within the following: Lot 2 of Lot 1 of Lot 2 of Mineral Lot 305A, Ferry Landing and Vacated Main Street in the City of DUbuque, Iowa, according to the recorded Plat thereof, which tract is outlined in red and cross-hatched on the RESOLUTION NO. 168.67 Resolution accepting delivery of Grant of Easement for flood pro- tection works. WHEREAS, Dubuque Stone Pro- ducts Co. has executed and deliv- ered to City of Dubuque, Iowa, a grant of temporary easement in, on, over, and across the fOllowing described real estate, to wit: A tract of land in Lot 1 of Lot 1 in Boat Yard Addition and a tract of land in Lot 2 in Boat Yard Addition in the City of Du- buque, Iowa, according to the recorded Plat thereof, which tracts are outlined in red and RESOLUTION NO. 167-67 Resolution Accepting Delivery of grant of easement for flood pro- tection works. WHEREAS, Flynn Ready-Mix Concrete, as Lessee of City of Du- buque has executed and delivered to City of Dubuque, Iowa, a grant of perpetual easement in, on, over, and across the following described real estate, to wit: Certain tracts of land in Lot 9 of the Subdivision of Block 4 in River Front Subdivision NO.2 in the City of Dubuque, Iowa, ac- cording to the recorded Plat thereof, as outlined in red and Special Ludwig, Pfohl, WHEREAS, Flynn Ready-Mix Concrete, as Lessee of City of Du- buque has executed and delivered to City of Dubuque, Iowa, a grant of temporary easement in, on, over, and across the following described real estate, to wit: A tract of land in Lot 9 of the Subdivision of Block 4 in River Front Subdivision NO.2 in the City of Dubuque, Iowa, accord- ing to the recorded Plat there- of, as outlined in red and crosshatched on the attached Plat, marked Exhibit "A" and by this reference made a part hereof. 302 305 OF DUBUQUE, Section 1. Delivery of grant of perpetual easement to City of Du- buque, Iowa by Caradco, Incorpo- rated dated the 12th day of May, 1967, be and the same is hereby accepted by the City of Dubuque, Iowa. Section 2. That the City Clerk be and he is hereby ordered to exeeute the certificate of Clerk af- fixed to such granting instrument an!! cause 5aid grant of perpetual easement to be recorded in the of- fice of the Recorder in and for Dubuque County, Iowa, together with this Resolution. Passed, adopted and approved this 19th day of June, 1967. Richard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler Councilmen Attest: Leo F. Frommelt City Clerk Councilman Schultz moved adop- tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor cilmen McCauley, Schultz. Nays-None. Session, June 19, 1967 CITY OF THE IOWA: NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: in connection with City of Dubuque Flood Control Plan. Section 1. Delivery of grant of perpetual easement to City of Du- buque, Iowa by Caradco, Incorpo- rated dated the 12th day of May, 1967, be and the same is hereby accepted by the City of Dubuque, Iowa. Section 2. That the City Clerk be and he is hereby ordered to execute the certificate of Clerk af- fixed to such granting instrument and cause said grant of perpetual easement to be recorded in the office of the Recorder in and for Dubuque County, Iowa, together with this Resolution. Passed, adopted and approved this 19th day of June, 1967. Richard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler Councilmen Attest: Leo F. Frommelt City Clerk Councilman Schultz moved adop- tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor cilmen McCauley, Schultz. Nays-None. Special I 1967 marked Exhibit "A" and by this reference made a part hereof, in connection with City of Du- buque Flood Control Plan. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITy OF DUBUQUE, IOWA: Settion 1. Delivery of grant of perpetual easement to City of Du- buque, Iowa by Dubuque Stone Products Co. dated the 22nd day of May, 1967, be and the same is hereby accepted by the City of Dubuque, Iowa. Section 2. That the City Clerk be and he is hereby ordered to exe- cute the certificate of Clerk af- fixed to such granting instrument and cause said grant of perpetual easementt to be recorded in the of- fice of the Recorder in and for Du- buque County, Iowa, together with this Resolution. Passed, adopted and approved this 19th day of June, 1967. Richard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler Councilmen Ludwig, Coun- Pfohl, Pregler, RESOLUTION NO. 173-67 Resolution Accepting Delivery of Grant of Easement for Flood Protection Works. WHEREAS, T. Robert Ibinger and Janet M. Ibinger has executed and delivered to City of Dubuque, Iowa, a grant of perpetual ease- ment in, on, over, and across the following described real estate, to wit: Ludwig, Coun- Pfohl, Pregler, A tract of land, being portions of Lot 1 of Lot 2 of Lot 1, Lot 1 of Lot 2 of Lot 2 and Lot 1 of Lot 2, of Block 8; and Lot 2 of Block 7, in River Front Subdivi- sion No.3, in the City of Du- buque, Iowa, according to the recorded Plat thereof, which tract is outlined in red and cross- hatched on the Plat attached hereto, marked Exhibit "A" and by this reference made a part hereof, RESOLUTION NO. 172.67 Resolution Accepting Delivery of Grant of Easement for Flood Protection Works. WHEREAS, Caradco, Incorpo- rated has executed and delivered to City of Dubuque, Iowa, a grant of perpetual easement in, on, over, and across the following described real estate, to wit: Block 2 in River Front Subdivi- sion No. 2 in the City of Du- buque, Iowa, according to the re- corded Plat thereof, copy of which Plat is attached hereto, marked Exhibit "A" and by this reference made a part hereof, in connection with City of Du- buque Flood Control Plan. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL Attest: Leo F. Frommelt City Clerk Councilman Schultz tion of the resolution. Councilman Pregler. the following vote: Yeas - Mayor Ludwig Coun- cilmen McCauley, Pfohl, Pregler, Schultz. Nays-None. RESOLUTION NO. 171.67 Resolution Accepting Delivery of Grant of Easement fOr Flood Pro. tection Works. wHEREAS, Caradco, Incorpo- rated has executed and delivered to City of Dubuque, Iowa, a grant of perpetual easement in, on, over, and across the following described real estate, to wit: A tract of land in Block 1 in River Front Subdivision No.2, in the City of Dubuque, Iowa, ac- cording to the recorded Plat thereof, which tract is cross- hatched and outlined in red on the Plat attached hereto, marked Exhibit "A" and by this refer- ence made a part hereof, moved adop- Seconded by Carried by Council- Pregler, Attest: Leo F. Frommelt, City Clerk Councilman Schultz mOved adop- tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor men McCauley, Schultz. Nays--None. RESOLUTION NO. 170-67 Resolution Accepting Dellvel"'y of Grant of E.eetnent for Flood Pretection Works. WHEREAS, Dubuque Stone Pro- ducts Co. has executed and deliv- ered to City of DUbuque, Iowa, a grant of perpetual easement in, on, over, and across the fOllOWing de- scribed real estate, to wit: A tract of land lying within the following: Lot 2 of Lot 1 of Lot 2 of Mineral Lot 305A, Ferry Landing and Vacated Main Street in the City of Dubuque, Iowa, according to the recorded Plat thereof, which tract is out- lined in red and crosshatched on the Plat attached hereto, Ludwig, Pfohl, Session, June 19, Plat attached hereto, marked Ex- hibit "A" and by this reference made a part hereof, in connection with City of Dubuque Flood Control Plan. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCn.. OF THE CITY OF DUBUQUE, IOWA: Section 1. Delivery of grant of perpetual easement to City of Du- buque, Iowa by Dubuque Stone Products Co. dated this 22nd day of May, 1967, be and the same is hereby accepted by the City of Dubuque, Iowa. Section 2. That the City Clerk be and he is hereby ordered to execute the certificate of Clerk affixed to such granting instru- ment and cause said grant of per- petual easement to be recorded in the office of the Recorder in and for Dubuque County, Iowa, togeth- er with this Resolution. Passed, adopted and approved this 19 day of June, 1967. Richard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler Councilmen Special 304 307 Section 1. Delivery of grant of perpetual easement to City of Du- buque, Iowa by Dubuque Packing Company dated the 19th 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 exe- cute the certificate of Clerk af- fixed to such granting instrument and cause said grant of perpetual easement to be recorded in the office of the Recorder in and for Dubuque County, Iowa, together with this Resolution. Passed, adopted and approved this 19th day of June, 1967. Richard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler Councilmen Attest: Leo F. Frommelt City Clerk Councilman Schultz moved adop- tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor cilmen McCauley, Schultz. Nays-None. Session, June 19, 1961 Section 1. Delivery of grant of perpetual easement to City of Du- buque, Iowa by Dubuque LUm- ber Co. dated the 12th day of May, 1967, be and the same is hereby accepted by the City of Dubuque, Iowa. Section 2. That the City Clerk be and he is hereby ordered to exe- cute the certificate of Clerk affixed to such granting instrument and cause said grant of perpetual ease- ment to be recorded in the office of the Recorder in and for Dubu. que County, Iowa, together with this Resolution. Passed, adopted and approved this 19th day of June, 1967. Richard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler Councilmen Attest: Leo F. Frommelt, City Clerk Councilman Schultz moved adop- tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Ludwig, men McCauley, Pfohl, Schultz. Nays-None. Special in connection with City of Dubu- que Flood Control Plan. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Delivery of grant of perpetual easement to City of Du- buque, Iowa by DUbuque Boat Club, Inc. dated the 7th day of June, 1967, be and the same is hereby accepted by the City of Du- buque, Iowa. Section 2. That the City Clerk be and he is hereby ordered to exe- cute the certificate of Clerk affixed to such granting instrument and cause said grant of perpetual ease- ment to be recorded in the office of the Recorder in and for Dubu- que County, Iowa, together with this Resolution. Passed, adopted and approved this 19th day of June, 1967. Richard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler Councilmen 1967 Session, June 19, in connection with City of Dubuque Flood Control Plan. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Delivery of grant of perpetual easement to City of Du- buque, Iowa by T. Robert Ibinger and Janet M. Ibinger dated the 11th day of May, 1967, be and the same is hereby accepted by the City of Dubuque, Iowa. Section 2. That the City Clerk be and he is hereby ordered to execute the certificate of Clerk af- fixed to such granting instrument and cause said grant of perpetual easement to be recorded in the of- fice of the Recorder in and for Dubuque County, Iowa, together with this Resolution. Passed, adopted and approved this 19th day of June, 1967. Richard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler Councilmen Attest: Leo F. Frommelt City Clerk Councilman Schultz moved adop- tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor cilmen McCauley, Schultz. Nays-None. RESOLUTION NO. 174-67 Resolution accepting delivery of grant of easement for flood pro- tection works. WHEREAS, Dubuque Boat Club, Inc. has executed and delivered to City of Dubuque, Iowa, a grant of perpetual easement in, on, over, and across the following described real estate, to wit: Two tracts of land included in the following: Lots 350, 351, 352, 353 and Part of Lot 354 in Ham's Addition, in the City of Dubu- que, Iowa, according to the re- corded Plat thereof, which tracts are outlined in red and in heavy broken lines on the Plat attached hereto, marked Exhibit "A" and by this reference made a part hereof, ',1"ilIr~'ll''\'$ Special 306 Ludwig, Coun- Pfohl, Pregler, Council- Pregler, RESOLUTION NO. 177-67 Resolution Accepting Delivery of Warranty Deed from Dubuque Packing Company. WHEREAS, a warranty deed con- veying the following described real estate, to wit: Block 1 in Dubuque Packing Company Addition, in the City of Dubuque, Iowa, according to the Plat thereof in Book of Plats No. 28, page 149, subject to ease- ments and reservations of rec- ord. To City of Dubuque, Iowa has been delivered. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That delivery of war- ranty deed to City of Dubuque, Iowa by Dubuque Packing Compa- ny, which deed is dated June 19, 1967, covering the above described real estate be and the same is here- by accepted by the City of Du- buque, Iowa. RESOLUTION NO. 176-67 Resolution Accepting Delivery of Grant of Easement for Flood Protection Works. Attest: Leo F. Frommelt, City Clerk Councilman Schultz moved adop- tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Ludwig, men McCauley, Pfohl, Schultz. Nays--None. Council Pregler Ludwig, Coun- Pfohl, Pregler, WHEREAS, Dubuque Packing Company has executed and deliv- ered to City of Dubuque, Iowa, a grant of perpetual easement in, on, over, and across the following de. scribed real estate, to wit: Lot 1 of Lot 1 of Block 8, in River Front Subdivision No.3 in the City of Dubuque, Iowa, ac- cording to the Plat thereof in Book of Plats #29, page 361, (and amended in Affidavit, Book of Affidavits #19, page 111) rec- ords of Dubuque County, Iowa. Subject to easements, rights, res- ervations and privileges of rec- ord, in connection with City of Dubuque Flood Control Plan. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: RESOLUTION NO. 175-67 Resolution accepting delivery of grant of easement for flood pro- tection works. WHEREAS, Dubuque Lumber Co. has executed and delivered to City of Dubuque, Iowa, a grant of perpetual easement in, on, over, and across the following described real estate, to wit: Certain parcels of land in Mc- Craney's Eagle Point Addition to the City of Dubuque, Iowa, as outlined in red and cross-hatch- ed on the plat attached hereto, marked Exhibit "A" and by ref- erence made a part hereof. in connection with City of Dubu- que Flood Control Plan. NOW 'I1IEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: 309 Session, June 19, 1967 Manager be approved. Seconded by Mayor Ludwig. Carried by the fol- lowing vote: Yeas - Mayor cilmen McCauley, Schultz. Nays-None (Awarding Contract) RESOLUTION NO. 179-67 WHEREAS, sealed proposals have been submitted by contract- ors for the City of Dubuque 1967 HC)t Mix- Hot Laid Asphaltic Concrete Pav. ing' Project No. 1 pursuant to Resolution No. 132-67 and notice to bidders published in a newspaper published in said City on May 26, 1967 and June 2, 1967; and WHEREAS, said sealed proposals were opened and read on June 19, 1967, and it has been determined that the bid of Mulgrew Blacktop, Inc. of Center Grove, Iowa in the amount of $95,207.44 was the low- est bid for the furnishing of all labor and materials and perform- ing the work as provided for in the plans and specifications; now therefore, BE IT RESOLVED by the City Council of the City of Dubuque that the contract for the above mentioned improvement be award- ed to Mulgrew Blacktop, Inc. and the Manager be and he is hereby directed to execute a contract on behalf of the City of Dubuque for the complete performance of said work. Ludwig, Coun- Pfohl, Pregler, LUdwig, Coun- Pfohl, Pregler, Special Session, June 19, 1967 to the Tri-State Paving of Dubuque, Iowa. Very truly yours, Gilbert D. Chavenelle City Manager Councilman Schultz moved that the recommendation of the City Manager be approved. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. Nays-None. ~e BE IT FURTHER RESOLVED, that upon the signing of said con. tract and the approval of the contractors bond the City Treasur- er is authorized and instructed to return the bid deposits of the un- successful bidders. Passed and adopted this 19th day of June, 1967. Richard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler Councilmen 1967 Attest: Leo F. Frommelt, City Clerk Mayor Ludwig moved adoption of the resolution. Seconded by Councilman Schultz. Carried by the following vote: Gentlemen: Pursuant to your instructions, sealed bids were received until 10.00 A.M., Monday, June 19, 1967 for the City of Dubuque 1967 Hot Mix-Hot Laid Asphaltic Concrete Paving Project No. 1. The lowest bid received was entered by Mul- grew Blacktop Inc. of Dubuque, Iowa. Their bid was 29.09% under the estimate. June 19, Mayor To the Honorable and City Council I recommend the contract for the improvement be awarded to the Mulgrew Blacktop, Inc. of Du- buque, Iowa. Very truly yours, Gilbert D. Chavenelle City Manager Councilman Schultz moved the recommendation of the that City Attest: Leo F. Frommelt City Clerk Proof of Publication, certified to by the Publisher, of notice to contractors of the receipt of pro- posals for the construction of City of Dubuque 1967 Concrete Curb & Gutter Project No. 1 on 1. Flora Park from N.P.L. of Penn- sylvania Avenue north 200' along W.P.L. of Flora Park. Highway #20 - Devon Drive Stack-Up lane, presented and read. Councilman Pfohl moved that the proof of publication be re- ceived and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor cilmen McCauley, Schultz. Nays-None. Ludwig, Coun- Pfohl, Pregler, 1967 June 19, Mayor Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Schultz. Carried by the following vote: Yeas - Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. Nays-None. Proof of Publication, certified to by the Publisher, of notice to con- tractors of the receipt of proposals for the construction of City of Du- buque 1967 Hot Mix-Hot Laid As- phaltic Concrete Paving Project No. Ion: 1. Bryant Street from N.P.L. of Grandview Ave. to the S.P.L. of Dodge Street. 2. Grandview Avenue from the E.P.L. of Southern Avenue to the W.P.L. of Kerrigan Road. 3. Madison Street from the N.P.L. of 17th Street to the S.P.L. of Clarke Drive. 4. Main Street from the N.P.L. of Railroad Avenue to the S.P.L. of Jones Street. 5. White Street from the N.P.L. of 10th Street to the S.P.L. of 22nd Street, presented and read. Mayor Ludwig moved that the proof of publication be received and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor cilmen McCauley, Schultz. Nays-None. Company Special Section 2. That the City Clerk be and he is hereby ordered and directed to record said deed in the office of the recorder in and for Dubuque County, Iowa. Passed, adopted and approved this 19th day of June, A.D., 1967. Richard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler Councilmen (Awarding Contract) RESOLUTION NO. 178.67 WHEREAS, sea led proposals have been submitted by contrac- ~ors for the City of Dubuque-1967 Concrete Cu.rb and Gutter Project No. 1 pursuant to Resolution No. 129-67 and notice to bidders pub- lished in a newspaper published in said City on May 26, 1967 and June 2, 1967 and WHEREAS, said sealed propos- als were opened and read on June 19, 1967, and it has been deter- mined that the bid of Tri-state Paving Company of Dubuque, Iowa in the amount of $8,542.75 was the lowest bid for the furnishing of all labor and materials and perform- ing the work as provided for in the plans and specifications; now therefore, BE IT RESOLVED by the City Council of the City of Dubuque that the contract for the above mentioned improvement be award- ed to Tri-State Paving Company and the Manager be and he is here- by directed to execute a contract on behalf of the City of Dubuque for the complete performance of said work. BE IT FURTHER RESOLVED, that upon the signing of said con- tract and the approval of the con- tractors bond the City Treasurer is authDrized and instructed to re- turn the bid deposits of the unsuc- cessful bidders. Passed and adopted this 19th day of June, 1967. Richard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler Councilmen Attest: Leo F. Frommelt City Clerk Councilman Schultz moved adop- tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Ludwig, Coun- cilmen McCauley, Pfo'hl, Pregler, Schultz. Nays-None 2. 308 To the Honorable and City Council Gentlemen Pursuant to your instructions, sealed bids were received until 10:00 A.M., Monday, June 19, 1967 for the City of Dubuque 1967 Con- crete Curb and Gutter Project No. 1. The lowest bid received was en- tered by Tri-State Paving Compa- ny of Dubuque, Iowa. Their bid was 1.38% over the estimate. I recommend that the contract for the improvement be awarded 311 Special Session, June 19, 1967 I: Ave- Carl E. Miller, nue John E. Noel, 2600 Central Avenue Thomas Oeschger, 815 West 5th Street Otto L. and Minnie R. Radloff, 1395 Brown Avenue Robert E. Sullivan, 620 South Grandview Avenue John L. Savary, 827 Dodge Street Super 20 Drive In Theatre, J. F. Kennedy Road Paul W. Schollmeyer, 176 Locust Street Mrs. A. J. Marita Trapp, 1266 Cen- tral Avenue Fred Weiner, 1101 White Street Eileen Wunder, 1046 Central Ave- nue Kenneth Waul, 2850 Burlington Street Wareco System of Iowa, 700 Rhom- berg A venue Robert L. Becker, 2418 Avenue John Cavanaugh, Central Ave- Central nue Lorraine Avenue George R. Hunt, 229 West 8th Street Lil' Giant Food Stores, 2100 Rhom- berg Avenue John J. Ludescher, 1897 Clarke Drive Mescher & Tench Grocery, 1233 Rhomberg Avenue Warehouse Market, J. F. Kennedy Road Ray Papin, 2635 University Ave- nue Joseph Polfer, 2672 Dodge Street Walsh Stores, 1301 Central Ave- nue George K. Arvanitis, 1958 Central Avenue Carl L. Chalder, 101 West 5th Street Ralph Cremer, 731 Rhomberg Ave- nue Dubuque Packing Co. (Retail Store), 16th and Sycamore Ramona Fettgather, 1103 Iowa Street John J. Glynn, 655 Central Ave- nue Joseph P. and Bernice M. Hillard, 431 Rhomberg Avenue Francis T. Kohl, 1700 Central Ave- nue Kermit Meyers, 555 Main Street Albert J. Ney, 1842 Central Ave. nue Raymond Ney, 2186 Central Ave- nue Central 698 Central 2327 1096 Gordon, RESOLUTION NO. 181-67 BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the following having complied with the provisions of law relating to the sale of Cigar- ettes within the City of Dubuque, Iowa, be granted a permit to sell Cigarettes and Cigarette Papers within said City. Name Address Merlin Apel, 1195 Dodge Street Carl N. Brant, 2600 Central Avenue Beecher Oil Company, 2399 White Street Beeecher Oil Company, 1691 As- bury Street Canfield Hotel, Inc., 36 West 4th Street Earl G. Corbett, 408 West Locust Street Patricia Donath, 400 Iowa Street Dubuque Golf & Country Club, 1800 Randall Place Eagle Food Center, Inc., No. 109, 200 South Locust Street Eagle Food Center, Inc., No. 144, 3033 Asbury Street Eagle Food Center, Inc., No. 130, 1800 Elm Street William G. Fenelon, 2528 Central Avenue LaVerne Felderman, 1889 Jackson Street A. L. Fecker, 2119 Rhomberg Avenue The Great Atlantic & Pacific Tea Co., 1101 Central Avenue The Great Atlantic & Pacific Tea Co., 2685 Dodge Street Gertrude A. Greenough, 2372 Cen- tral Avenue Carl Hirsch, 600 Central Avenue John J. Heiderscheit, 1278 Central Avenue Iowa Commission for the Blind, Post Office Building Darlene R. Kelly, 400 Rhomberg Avenue Frank and Darlene R. Kelly, Loras and Central Avenue Darlene R. Kelly, 605 Dodge Street Knights of Columbus, 781 Locust Streeet G. Elm Kaufmann Locust As- Walter W. Avenue William J. Lynn, 424 Street Loras College, 1450 Alta Vista May's Drug Store, Judson and bury Streets 1698 West Kanavas, 205 Knoll Theodore Street Yeas Mayor Ludwig, men McCauley, Pfohl, Schultz. Nays-None. Proof of Publication, certified to by the Publisher, of notice to con- tractors of receipts proposals for the construction of City of Du- buque 1967 Bituminous Concrete Paving Project No. 1 on 1. Airport, parking lot and T- Hanger. 2. North Algona from N.P.L. of University Avenue to the S.P.L. of Loras Boulevard. 3. Bennett Street from the W.P.L. of Grandview Avenue to the E.P.L. of McCormick Street. 4. Eagle Point Park Roadway. 5. Flora Park, Parking lot at Green Street and Bunkerhill Road. 6. Grace Street from E.P.L. of McCormick Street to the W.P.L. of Grandview Avenue. 7. Merz Street from the E.P.L. of Windsor Avenue to the W.P.L. of Althauser street, presented and read. Mayor Ludwig moved that the proof of publication be received and filed. Seconded by Council- man McCauley. Carried by the fol- lowing vote: Yeas - Mayor Ludwig, Council- men McCauley, pfohl, Pregler, Schultz. Nays--None. Pregler, Pfohl Session, June 19, 1967 men McCauley, Schultz. Nays--None. (Awarding Contract) RESOLUTION NO. 180-67 WHEREAS, sealed proposals have been submitted by contractors for the City of Dubuque - 1967 Bitum- inous Concrete Paving Project No.1 pursuant to Resolution No. 135-67 and notice to bidders published in a newspaper published in said City on May 26, 1967 and June 2, 1967; and WHEREAS, said sealed proposals were opened and read on June 19, 1967, and it has been determined that the bid of Tri-State Paving Company of Dubuque, Iowa in the amount of $58,496.39 was the low- est bid for the furnishing of all labor and materials and perform- ing the work as provided for in the plans and specifications; now therefore, BE IT RESOLVED by the City Council of the City of Dubuque that the contract for the above mentioned improvement be award- ed to Tri-State Paving Company and the Manager be and he is here- by directed to execute a contract on behalf of the City of Dubuque for the complete performance of said work. BE IT FURTHER RESOLVED, that upon the signing of said con- tract and the approval of the con- tractors bond the City Treasurer is authorized and instructed to re- turn the bid deposits of the unsuc- cessful bidders. Attest: Leo F. Frommelt, City Clerk Councilman McCauley moved ad- option of the resolution. Seconded by Councilman Schultz. Carried by the following vote: Yeas - Mayor Ludwig, men McCauley, Pfohl, Schultz. Nays-None. ~''''''ll'''J Special Council- Pregler, Passed and adopted this day of June, 1967. Richard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler Councilmen Council- Pregler, 310 19th June 19, 1967 Mayor Gentlemen: Pursuant to your instructions, sealed bids were received until 10 A.M., Monday, June 19, 1967 for the City of Dubuque 1967 Bitumin- ous Concrete Paving Project No. 1. The lowest bid received was enter- ed by Tri-State Paving Company of Dubuque, Iowa. Their bid was 26.90% under the estimate. I recommend that the contract for the improvement be awarded to the Tri-State Paving Company of Dubuque, Iowa. Very truly yours, Gilbert D. Chavenelle City Manager Councilman Pregler moved that the recommendation of the City Manager be approved. Seconded by Councilman Schultz. Carried by the following vote: Yeas - Mayor Ludwig, Council- To the Honorable and City Council RESOLUTION NO. 183-67 WHEREAS, applications for Beer Permits are filed by the within named applieants and they have received the approval of this Council; and WHEREAS, the premises to be occupied by such applicants were inspected and found to comply with the ordinances of this City and they have filed proper bonds: NOW THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the Manager be and he is hereby directed to issue to the following named applicants a Beer Permit. Class "B" Beer Permit Private Club American Legion, Post No.6, 880 Locust Street (Fourth Floor) Class "B" Beer Permit Mrs. Elizabeth Krajnovich, 239 West 6h Street Arthur W. Pins, 2699 J. F. Ken- nedy Road Dorothy M. Olsen, 1097 Jackson Street (Effective July 1, 1967) Class "c" Beer Permit Thompson's Food Markets, Inc., Oky Doky No.7, 3301 Pennsyl- vania Avenue Eugene C. Evarts, 2678 Central Avenue BE IT FURTHER RESOLVED that the bonds filed by such ap- plicants be and the same are here- by approved. Passed, adopted and approved this 19th day of June, 1967. Richard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Schultz. Carried by the following vote: Yeas--Mayor Ludwig, men McCauley, Pfohl, Schultz. Nays-None. 313 Carried Council- Pregler, Special Session, June 19, 1967 by Councilman McCauley. by the following vote: Yeas-Mayor Ludwig, men McCauley, Pfohl, Schultz. Nays-None. Passed, adopted and approved this 19th day of June, 1967. Richard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler Councilmen Attest: Leo F. Frommelt City Clerk Councilman Schultz moved adop- tion of the resolution. Seconded by Mayor LUdwig. Carried by the following vote: Yeas-Mayor Ludwig, men McCauley, Pfohl, Schultz. Nays-None. RESOLUTION NO. 182.67 WHEREAS, applications for Beer Permits have been submitted to this Council for approval and the same have been examined: NOW THEREFORE BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the following applica- tions be granted and licenses be issued upon the compliance with the terms of the ordinances of the City. CLASS "B" BEER PERMIT PRIVATE CLUB American Legion, Post No.6, 880 Locust Street (Fourth Floor) Council Pregler CLASS "B" BEER PERMIT Mrs. Elizabeth Krajnovich, 239 West 6th Street Arthur W. Pins, 2699 J. F. Kennedy Road Dorothy M. Street (Effective Jackson Council Pregler July 1, 1967) CLASS "c" BEER PERMIT Thompson's Food Markets, Inc. Oky Doky No.7, 3301 Pennsyl vania Avenue Eugene C. Evarts, 2678 Central Avenue Passed, adopted and approved this 19th day of June, 1967. Richard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded 1097 Olsen, Session, June 19, 1967 Roger Rommel, 693 Dodge Street Thomas Remy, 3355 Pennsylvania Avenue Joseph E. Reisdorf, 601 Rhomberg Avenue Dr. D. C. Sharpe, 1630 East 16th Street L. G. Schaffert, 1900 Washington Street Frank Schwind, 2297 University Avenue Sears Roebuck Company, 300 S. Locust Street Jack Siefker, 1081 nue Harold O. Street University of Dubuque, 2050 Uni versity Avenue LeR.oy Utzig, 2600 Dodge Street George Weber, New City Harbor Jay E. Williams, 1027 Rhomberg Avenue W. J. White, 1993 Asbury Street Mrs. Josephine Burke, 531 Main Street Donald E. Cue, 119 West 6th Street Eugene C. Evarts, 2678 Central Avenue Edward Esser, 1205 Cleveland Ave- nue Francis George and Donald D. Wal- ler, 655 Dodge Street Theodore J. Ferring, 385 East 13th Street SUnshine Circle-Finley Hospital, 1480 Allison Elizabeth Krajnovich, 239 West 6th Street Harry Kopple, 1098 University Avenue Robert J. Kehl, 62 Locust Street Marcella McCarty, 2093 Washing- ton Street Earl J. McNamara, 1046 Univer- sity Avenue Paul Moes, 1097 University Ave- nue Myrtle Steffen, 951 Main Street Leo Sun, 206 West 3rd Street George Weis, 400 East 22nd Street Eva M. Zillig, 127 West 6th Street Linnie Dunbar, 504 Central Ave- nue Dorrance Hames, 1828 Central Ave- nue Northern Drug Company, 651 Main Street 11th Street .uodge Main BE IT FURTHER RESOLVED that the bonds filed with the appli- cation be approved. Ave- Asbury 1292 F. Pusateri Michael Street Street 1298 Main Dodge 2600 University 3003 Specht, Foodarama, Plaza 20 Randall Street, Golf 8th Jackson nue Harry Gantert, Avenue Anthony Helling, 701 Dodge Street Holiday Inn Motel, 1111 Dodge St. LaVerne Hennen, Asbury and Ken- nedy Road Kenneth Hense, 960 Dodge Street Virginia Hos, 241 Main Street K Mart, 2600 Dodge Street, Plaza 20 Raymond Kratz, 2417 Rhomberg Avenue Fred Link, 1080 University Avenue Donald M. Love, 250 West 6th Street Frank and Phyllis 869 Iowa Street Thelma Mardauss, Street Thelma Mardauss, Street Nelson Norwood, Course White Rhomberg nue Carl Van 590 Drive Mrs. Helen Weiner, 709 Univer- sity Avenue Francis Barrett, 2600 Jackson Street Mary Bahl, 253 Main Street AI. Brayton, 3200 Central Avenue Ronald Brayton, Asbury and St. Ambrose Joseph Bell, 263 Main Street Wilson Conlon, 1005 Dodge Street D. A. V. Club, 2600 Dodge Street, Plaza 20 Florance Deutsch, 45 West 13th Street J. Russell Evans, 29 West 8th Street Leona Friedman, 620 East 16th Street Mrs. Adele Fens, 210 West 1st Street Richard Giacoletto, 1121 Univer- sity Avenue Leo Grass, 1105 University Avenue Ben Greenwood, 897 Central Ave- Ave- Locust Clarke Windsor West 1097 Hill Licciardi 410 2890 Central Olson, Special 70Q-800 1091 Bunker 2616 1301 Duelman, Remy, Co. 312 Eldon F. Avenue Roshek Bros. Street Don Schroeder, M. Dorothy Street II 315 Special Session, June 19, 1967 why pave it now. City Engineer White stated that Algona is the only access for bus traffic. Mayor Ludwig moved to uphold the City Engineer's recommenda- tion on the paving of N. Algona Street. Seconded by Councilman Pregler. Carried by the following vote: Yeas-Mayor Ludwig, Council- men McCauley, Pregler, Schultz. Nays-Councilman Pfohl. There being no further business Councilman McCauley moved to ad- journ. Seconded by Councilman Schultz. Carried by the following vote: Yeas-Mayor men McCauley, Schultz. Nays-None. Leo 1967 Council Pregler 1967 Frommelt City Clerk. ......................... ouncilmen Ludwig, Pfohl, City Clerk F. Approved Adopted Attest Special Session, June 19, 1967 ordinances relevant thereto and they have filed proper bonds; NOW THEREFORE BE IT RE- SOLVED by the City Council of Dubuque, Iowa, that the Manager be authorized to cause to be is- sued to the following named ap- plicants a Liquor Permit. Class "c" Commercial Establishment Ramona M. Fettgather, 1103 Iowa Street Joseph Edward Reisdorf, 601 Rhomberg Avenue John L. Savery, 827 Dodge Street Aristo Foods of Iowa, Inc., 1111 Dodge Street Merlyn L. Weber, 1902 Central Avenue Mrs. Elizabeth Krajnovich, 239 West 6th Street Lorraine Gordon, 2327 Central Avenue Marcella McCarty, 2093 Washing- ton Street Dorothy M. Olsen, 1097 Jackson Street (Effective July 1, 1967) Passed, adopted and approved this 19th day of June, 1967. Richard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Secondel by Councilman Schultz. Carried by the following vote: Yeas-Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays-None. Councilman Pfohl moved that the rules be suspended in order to let anyone present address the Council if they so desire. Second- ed by Councilman Pregler. Car- ried by the following vote: Yeas-Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays--None. Mr. Robert Justman of Algona Street raised objection to the pro- posed paving of Algona Street in this year's program. According to the Smith Gruen report Algona Street was to have been closed as it entered upon Loras Blvd., so Council- Pregler, RESOLUTION NO. 185-67 WHEREAS, applications for Liq- uor Permits were filed by the within named applicants and they have received the approval of this Council, and WHEREAS, the premises to be occupied by such applicants were inspected and found to be comply with the State Law and all City nue Marcella McCarty, ton Street Dorothy M. Olsen, Street (Effective July 1, 1967 Passed, adopted and approved this 19th day of June, 1967. Richard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler Councilmen Attest: Leo F. Frommelt City Clerk Councilman Schultz moved adop- tion of the resolution. Seconded by Councilman McCauley. Carried by the following vote: Yeas-Mayor Ludwig, men McCauley, Pfohl, Schultz. Nays-None. Class "c" Commercial Establishment Ramona M. Fettgather, 1103 Iowa Street Joseph Edward Reisdorf, 601 Rhom- berg Avenue John L. Savary, 827 Dodge Street Aristo Foods, of Iowa, Inc., 1111 Dodge Street Merlyn L. Weber, 1902 Central Avenue Mrs. Elizabeth Krajnovich, 239 West 6th Street Lorraine Gordon, 2327 Central Ave- Washing- Jackson 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 Gen- eral Assembly, 1963. 314 RESOLUTION NO. 184-67 WHEREAS, applications for Liq- uor Permits have been submitted to this Council for approval and the same have been examined. 2093 1097 317 Passed" adopted and approved this 22nd day of June, 1967. Richard Ludwig, Mayor M. Sylvester McCauley Eldon A. Pfohl Walter A. Pregler Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman McCauley. Carried by the following vote: Yeas-Mayor Ludwig, Council men McCauley, Pfohl, Pregler. Nays-None. Absent-Councilman Schultz. 1967 22, Session, June such June, 22nd day of Adopted 1967. RESOLUTION NO. 189-67 W HER E A S, applications for ,Beer Permits have been submitted ,to this Council for approval and :the same have been examined: NOW THEREFORE, BE IT RESOLVED by the City ,Council of the City of Dubuque, ;Iowa, that the following applica- tions be granted and licenses be ,issued upon the compliance with the terms of the ordinances of the City. CLASS "B" BEER PERMIT Donald Sand, 2364 Washington Street Elizabeth A. Reisdorf, 115 East 22nd Street, (Transfer from 201 East 22nd St. effective July 1, 1967.) Ludwig, Mayor M. Sylvester McCauley Eldon A. Pfohl Walter A. Pregler Councilmen Leo Frommelt City Clerk Councilman Pfohl moved adop- tion of the resolution. Seconded by Mayor Ludwig. Carried by the following vote: Yeas--Mayor Ludwig, Council- men McCauley, Pfohl, Pregler. Nays-None. Absent-Councilman Schultz. RESOLUTION NO. 188-67 WHEREAS, the following criti- cally important city and town bills have been passed by the State Sen- ate and are now before the Sift- ing Committee of the House: SF 696 (Road Use Tax); SF 710 (Tort Liability act for local govern- ments); SM 499 (Low Rent Hous. ing for the Elderly-agreed upon by the Realtors' Association!); SF 241 (Special assessment bonds for Dutch Elm disease control); SF 324 (Urban renewal agency law); and SF 796 (Disaster Aid to munici- palities); and Special against Richard F. shall be assessed abutting property. this Attest: 1967 the City Council, whereupon the cost of such connection shall be assessed against such abutting property. Adopted this 22nd day of June, 1967. Ludwig Mayor M. Sylvester McCauley 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, Council men McCauley, Pfohl, Pregler. Nays--None. Absent-Councilman Schultz. WHEREAS, the City Council has heretofore adopted Resolution No. 94-67, being the Resolution of Ne- cessity for permanently improving City of Dubuque 1967 Hot Mix- Hot Laid Asphaltic Concrete Pav- ing Project No. 1. Now, Therefore, Be It by the City Council of of Dubuque, Iowa Passed, adopted and approved this 22nd day of June 1967. Richard Ludwig Mayor M. Sylvester McCauley Eldon A. Pfohl Walter A. Pregler Councilmen WHEREAS, cities and towns can't take action in these areas of vital need without legislative sanction, and failure to act on these measures would impose se- vere hardship on Iowa's cities and towns: and Section 1. That the owners of all property abutting on said im- provement are hereby required to make connections from the sewer, water and gas mains to the curb line of said property prior to July 20, 1967. I' Attest: Leo F. Frommelt, City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman McCauley. Carried by the following vote: Yeas - Mayor Ludwig, Council men McCauley, Pfohl, Pregler. Nays--None. Absent-Councilman Schultz. RESOLUTION NO. 190-67 WHEREAS, applications for Beer Permits were filed by the within named applicants and they have received the approval of this Coun- cil; and 22, Session, June CITY COUNCIL Resolved the City RESOLUTION NO. 187-67 Re~lution Requiring Abutting Property Owners to Make Sewer arid Water and Gas Connections. Richard Attest WHEREAS, these measures have been thoroughly researched and carefully drafted and would not require undue time for House con- sideration; and WHEREAS, these bills vitally affect communities where three. fourths of Iowa's citizens now live NOW THEREFORE, Be It Re- solved by the City Council of Du- buque, Iowa that the members of the House be strongly and respect. fully urged to insist that the Sift- ing Committee vote these Senate- passed measures to the floor of the House for fair consideration. Section 2. That the City Clerk is hereby authorized and directed to serve a written notice on such abutting property owners in ac- cordance with Ordinance No. 128, ordering compliance with this Resoution. Section 3. That in the event any such property owners shall fail or refuse to make such connection within the time set out in this Resolution, then the City Manager shall proceed to have said con- nection made upon a contract made and entered into for that purpose and upon completion, report said fact together with the most there- of to the City Council, where- upon the cost of such connection Special 316 OFFICIAL Special session, June 22, 1967. Council met at 7:15 P.M. (D. S. T.). Present-Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler. City Manager Gilbert D. Chave. nelle. Absent-Counoilman Schultz. Mayor Ludwig read the call and stated that service thereof had been duly made and this meeting is called for the purpose of adopt~ ing resolutions requiring abuttin~ property owners to make sewer and water and gas connections in the area of new street construction for 1967, and acting upon such other business as may properly come before a regular meeting of the City Council. RESOLUTION NO. 186.67 Resolution Requiring Abutting Property Owners to Make Sewer and Water and Gas Connections. WHEREAS, the City Council has heretofore adopted Resolution No. 98-67, being the Resolution of Ne- cessity for permanently improving City of Dubuque 1967 Bituminous Concrete Paving Project No. 1. Now, Therefore, Be It Resolved by the City Council of the City of Dubuque, Iowa: Section 1. That the owners of all property abutting on said im- provement are hereby required to make connections from the sewer, water and gas mains to the curb line of said property prior to July 20, 1967. Section 2. That the City Clerk is hereby authorized and directed to serve a written notice on such abutting property owners in ac- cordance with Ordinance No. 128, ordering compliance with this Reso- lution. Section 3. That in the event any property owner shall fail or refuse to make such connection within the time set out in this Resolu- tion, then the City Manager shall proceed to have said connection made upon a contract made and entered into for that purpose and upon completion, report said fact together with the cost thereof to enue Merlyn enue Louis J. enue C. P. Welu, 20th Kathleen Wedig, Street Donald Arthofer, Street 319 Haw- 1967 Riverside Bowl, Inc. 1860 thorne Street Donald W. Schuster, 2404 Central Avenue Patricia Sarris, 760 East 16th Street John J. Steffen, 690 West Locust Street Donald Sand, 2364 Washington Street Judith A. Schiel, 2199 University Avenue Doris J. Tigges, 2776 Jackson Street Trausch Bakery Co., 25 Main Street Beatrice Winkler, 1400 Central Av- 22, Session, June Iowa, that the following having complied with the provisions of law relating to the sale of Cigar- ettes and Cigarette Papers within the City of Dubuque, Iowa, be granted a permit to sell Cigarettes and Cigarette Papers within said City. Richard Alderson, 2401 Windsor Avenue Herbert E. Althaus, 1575 Central Avenue Robert Bowen, 5-8th Avenue Harold A. Casey, 655 Clarke Drive Robert E. Cahill, 402 Locust Street Creslanes Bowling, Inc., 255 South Main Street Willard J. Driscoll. 509 Av- Special Special Session, June 22, 1967 Passed, adopted and approved this 22nd day of June, 1967. Richard Ludwig Mayor M. Sylvester McCauley Eldon A. Pfohl Walter A. Pregler Councilmen Attest: Leo F. Frommelt City Clerk Mayor Ludwig moved adoption of the resolution. Seconded by Councilman McCauley. Carried by the following vote: Yeas-Mayor Ludwig, Council men McCauley, Pfohl, Pregler. Nays-None. Absent-Councilman Schultz. 1904 Central Av- Weber, L. Av. & Jackson Street 1399 VVashington 22nd Company, 8th & Kirchberg, 3165 729 Lincoln Av- John enue 744 Main Thompson's Food Markets, Inc. 3301 Pennsylvania Avenue Thompson's Food Markets, Inc.. 250 West 1st Street Thompson's Food Markets, Inc., 32nd & Jackson Street George T. Vrotsos, 605 Main Street BE IT FURTHER RESOLVED THAT THE BONDS filed with the application be approved. Passed, adopted and approved this 22nd day of June 1967. Richard Ludwig Mayor M. Sylvester McCauley Eldon A. Pfohl Walter A. Pregler Councilmen 625 Central East 532 NOW THEREFORE, BE IT RE- SOLVED by the City Council of the City of DUbuque, Iowa, that the Manager be and he is hereby di- rected to issue to the following named applicants a Beer Permit. Elizabeth A. Reisdorf, 115 East 22nd Street (Transfer from 201 East 22nd St. effective July 1, 1967) BE IT FURTHER RESOLVED that the bonds filed by such appli- cants be and the same are hereby approved. Passed, adopted and approved this 22nd day of June 1967. Richard Ludwig Mayor M. Sylvester McCauley Eldon A. Pfohl Walter A. Pregler Councilmen J. Osterhaus Kenneth Street enue Helen Dougherty, 1643 Central Av. enue Delbert Daugherty, 720 Iowa Street Elks Club, 7th & Locust Street Milton Fink, 3165 Central Avenue Fischer Bowling Lanes Club, 880 Locust Street Alford Finch, 1347 Central Avenue Maxine Hoag, 103 East 22nd Street Donald Jungblut, 4th & Locust Street Hartig Drug Store, 736 Main Street Hartig Drug Store, 97 Locust Street Hartig Drug Store, 2225 Central Avenue Wayne Johnston, 255 Locust Street Jack M. Kritikos, 720 Main Street James Kachevas, 493 Main Street Richard Manternach, 380 East 20th Street Cyril Meitl, 1555 Central Avenue Martin Oil Company, 280 Locust Street Lucille McArdle, 2412 Central Av- enue Attest: Leo F. Frommelt, City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Pfohl. Carried by the following vote: Yeas - Mayor Ludwig, Council- men McCauley, Pfohl, Pregler. Nays - None. Absent - Councilman Schultz. There being no further busi- ness Councilman Pregler moved to 1313 Dodge Navy Club, 469 Main Street Helen O'Mara, 1397 Washington Street Karl H. Oleson, 1701 Asbury Street Page Hotel, Inc., 75 East 4th Street Donald Plumley, 5th & Locust Street R. S. Ruegnitz, 629 Rhomberg Av- enue East 115 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: BEER PERMIT 2364 Washington CLASS "B" Donald Sand, Street Winkler, Gerald Clarence Central Avenue Neumeister, 6th Howard McCauley, 22nd & Central Avenue National Tea Company, tral Avenue National Tea Company, Street 2013 Cen- Stampfer Street 775 East McEvoy, Mrs. John Street RESOLUTION NO. 192-67 WHEREAS, applications for liq- uor Permits were filed the within named applicants and they have re- ceived the approval of this Coun- cil, and WHEREAS, the premises to be occupied by such applicants were inspected and found to comply with the State Law and all City ordin- ances relevant thereto and they have filed proper bonds; NOW THEREFORE BE IT RE- SOLVED by the City Council of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named applicants a Liquor Permit. CLASS "c" COMMERCIAL ESTABLISHMENT Elizabeth A. Reisdorf, 115 East 22nd Street (Transfer from 201 East 22nd St. effective July 1, 1967.) Passed, adopted and approved this 22nd day of June, 1967. Richard Ludwig Mayor M. Sylvester McCauley Eldon A. Pfohl Walter A. Pregler Councilmen Reisdorf, Elizabeth A. 22nd Street 318 J. F. Main Eighth Attest: Leo F. Frommelt, City Clerk Mayor Ludwig moved adoption of the resolution. Seconded by Councilman Pfohl. Carried by the following vote: Yeas - Mayor Ludwig, Council men McCauley, Pfohl, Pregler. Absent - Councilman Schultz. RESOLUTION NO. 193.67 BE IT RESOLVED by the City Council of the City of Dubuque, Attest: Leo F. Frommelt, City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Mayor Ludwig. Carried by the following vote: Yeas - Mayor Ludwig, Council men McCauley, Pfohl, Pregler. Nays--None. Absent-Councilman Schultz. RESOLUTION NO. 191-67 WHEREAS, applications for Liq- uor Permits have been submitted to this Council for approval and the same have been examined, NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the following applications be granted and licenses issued upon the com- pliance with the terms of the IOWA LIQUOR CONTROL ACT- CHAPTER 123-as amended by the 60th General Assembly, 1963. CLASS "c" COMMERCIAL ESTABLISHMENT Elizabeth A. Reisdorf, 115 East 22nd Street (Transfer from 201 East 22nd St. effective July 1, 1967) 321 Yeas - Mayor Ludwig, Coun- cilmen McCauley, Pregler, Schultz. Nays-None. Absent-Councilman Pfohl. RESOLUTION NO. 194-67 Resolution adopting and approv- ing the execution of an accept. ance of a grant offer from the area manager, Kansas City area of the Federal Aviation Admin- istration for the United Sta,tes of America to the City of Du- buque, Iowa, for the purpose of obtaining federal aid in the de- velopment of the Dubuque, Mu- nicipal Airport, under Project No. 9.13..o20-C710. Petition of Peoples Natural Gas Company requesting permission to excavate at 910 Dodge Street, pre- sented and read. Councilman Schultz moved that the petition be granted. Seconded by Councilman McCauley. Carried by the follow- ing vote: Yeas - Mayor Ludwig, Council- men McCauley, Pregler, Schultz. Nays--None. Absent-Councilman Pfohl. Extract from the minutes of a special meeting of the City Coun- cil of the City of Dubuque, Iowa held on June 28, 1967. The following Resolution was in- troduced by Councilman M. Sylves- ter McCauley read in full and con- sidered; seconded by Councilman Merlin F. Schultz. On roll call the vote was: Yeas - Mayor Richard Ludwig, Councilmen M. Sylvester McCauley, Walter A. Pregler, Merlin F. Schultz. Nays--None. Absent - Councilman Pfohl BE IT RESOLVED by the City Council of the City of Dubuque, Iowa SECTION 1. That the City of Dubuque, Iowa, shall for the pur- pose of obtaining federal aid in the development of the Dubuque Municipal Airport, enter into a Grant Agreement with the United States of America by executing an acceptance of a Grant Offer from the Federal Aviation Administra- tion, acting for the United States of America, to the City of Du- buque, Iowa, and that such Grant Offer shall be set forth hereinbe- low under Section 4. Session, June 28, 1967 CITY COUNCIL Special Session, June 28, 1967. Council met at 4:30 P.M. (D.S.T.) Present - Mayor L!Jdwig, Coun- cilmen McCauley, Pregler, SchultL City Manager Gilbert D. Chave- nelle. I Absent-Councilman Pfohl Mayor Ludwig read the call and stated that service thereof had been duly made and this meeting is called for the adoption of a reso- lution approving the execution of an acceptance of a grant offer from the Kansas City area of the Federal Aviation Agency for the United States of America for the purpose of obtaining federal aid in the development of the Dubuque Municipal Airport, and acting up- on such other business as may properly come before a regular meeting of the City Council. Communication of Alfred E. Hughes at attorney for the nlinois Central Railroad Company submit- ting an application for annexation of real estate immediately adjacent and contiguous to the southerly City limits, owned by the. lllinois Central Railroad Company, and un- der lease to the Inland Molasses Company, presented and read. Ma- yor Ludwig moved that the com- munication be referred to the City Solicitor. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Ludwig, Coun- cilmen McCauley, Pregler, Schultz. Nays-None. Absent-Councilman Application of lllinois Central Railroad Company requesting an- nexation of an area beginning at the northwest corner of Section 6, Twp. 88 N. R. 3 E. 5th P.M. thence east 934.8 feet; thence south 1087.95 feet; thence south 84025' west, 937.2 feet; thence north 1103.9 feet to the point of begin- ning containing 17.432 acres, pre- sented and read. Councilman Schultz moved that the application be referred to the City Solicitor. Seconded by Councilman McCau- ley. Carried by the following vote Pfohl. Special OFFICIAL l t 22, 1967 Session, June ..1967 .1967 ................. ouncilmen adjourn. Seconded by Councilman McCauley. Carried by the follow- ing vote: Yeas - Mayor Ludwig, Council men McCauley, Pfohl, Pregler. Nays--None. Absent-Councilman Schultz. Leo F. Frommelt, City Clerk Attest: Special ............................ City Clerk Approved Adopted 320 Mayor Ludwig moved adoption of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Ludwig, Coun- cilmen McCeuley, Pregler, Schultz. N ays-N one. Absent - Councilman Pfohl. There being no further business Councilman Pregler moved to ad- jorn. Seconded by Councilman Mc- Cauley. Carried by the following vote: Yeas - Mayor Ludwig, Council- men McCauley, Pregler, Schultz. Nays-None. Absent-Councilman Pfohl. Leo F. Frommelt City Clerk 323 Special Session, June 28, 1967 ....1967. .............................1967. Approved Adopted Session, June 28, 1967 Clarence J. Hagge, Jr. berg Avenue William F. Hancock, Road Frances Jones, 238 6th Street Kissel Grocery, 611 University Ave- nue Mrs. Anna K. Laury, 498 North Grandview Avenue Phillip R. Love, 1701 Central Ave- nue Nona Mchoney, 678 Central Ave- nue Mercy Medical Center Gift Shop, James & Peabody Streets Merchants Hotel, 304 Main Street Carl E. Nagelmaker, 3203 Jackson Street Clarence Ney, 1703 Maple Street Osco Drug, Inc., 703 Main Street Denise O'Neill, 55 Locust Street Andrew Poulos, 926 Main Street Marcille A. Pauly, 1200 Iowa Street Ethel M. Schwartz, 500 Rhomberg Avenue Gerald Schmitt, 351 Dodge Street Earl Schumacher, 2201 Central Avenue Mathais A. Schneller, 132 Eighth Avenue Mark R. Smith & Bernard Skahill, 400 Central Avenue Mrs. Emma Scherer, Street SECTION 3. That the Airport Commission of the City of Du- buque, Iowa acting through its of- ficer or officers designated by it to so act, is hereby authorized and directed to execute the acceptance of said Grant Offer on behalf of the City of Dubuque, Iowa. SECTION 4. That the Grant Of- fer referred to hereinabove shall be as follows: NOTE-Grant offer in the of the Airport Commission. RESOLUTION NO. 195-67 BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the following having complied with the provisions of law relating to the sale of Ciga- rettes within the City of Dubuque, Iowa, be granted a permit to sell Cigarettes and Cigarette Papers within said City. Amvets Club, 429 Main Street Robert Beidler, 1122 Dodge Street Marion Bridge, 2038 Central Ave- .................... ouncilmen Attest: Iowa Rhomberg Chuck N. Wong, 378 Main Street Xavier Hospital Gift Shop, Davis & Windsor Avenues Irene Bogas, 500 Main Street Raphael W. Grant, 3050 Asbury Street ... City Clerk Attest: Leo F. Frommelt City Clerk Arthur W. Pins, 2699 J. F. Kennedy Road Eldon J. Konzen, 1281 Dodge Street BE IT FURTHER RESOLVED that the bonds filed with the ap- plication be approved. Passed, adopted and approved this 28th day of June, 1967. Richard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz Walter A. Pregler Councilmen nue Harriet Bush, 700 East 16th Street Maryel M. Birkett, 1064 University Avenue Louis T. Bournias, 2600 Dodge St. Plaza 20 Charles Cushing, 1091 Main Street Lorraine Diener, 35 Locust Street Dubuque Metal Trades Council Club, 111 West 6th Street Wesley J. Davis, Jr., Dodge & Lo- cust Streets M. L. Donovan, 1876 Central Ave- nue Eagles Club, 6th & Locust Street Lester & Marie Eichhorn, 1725 Delhi Raymond Fleckenstein, 3275 Cen- tral Avenue Ken Fenelon, 3166 Jackson Street Robert A. Freund, 805 West 5th Street Office Grill, Fischer Build- Fischer ing John Glynn, 336 Main Street Marco Guinta, 2022 Central Avenue Robert Hantelmann, 902 Main Street 1415 Rhom- Carter West 2205 Special SECTION 2. That the City of Du- buque, Iowa, does hereby ratify and adopt all statements, represen- tations, warranties, covenants, and agreements contained in the Proj- ect Application and in the non-dis- crimination assurances incorpo- rated in the said Grant Offer. files Dodge 1187 1190 Harold B. Welter, 534 Avenue 322 Tschiggfrie, Raymond Street