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1966 February Council Proceedings i~l.. I, I II 69 Regular Session, February 7, 1966 CITY COUNCIL OFFICIAL REGULAR SESSION, FEBRU. ARY 7, 1966. , No members of the City Council being present upon roll call the meeting was postponed subject to call. Leo F. Frommelt City Clerk Approved.. ... . .. ............., 1966 Adopted.. ....... 1966 .............,........ ........,.............. Councilmen ...................... ....................... ........ ......... Attest ...................... City Clerk '~; i :~; 68 Special Session, January 31, 1966 - ley. Carried by the following vote: Yeas - Mayor Pregler, Council- men Ludwig, McCauley, pfohl, Schultz. Nays-None. Leo F. Frommelt City Clerk Approved............. 1966 Adopted............... 1966 Councilmen: l Attest: .............. City Clerk ~ 4" . ,,-'''';''---'''*'- 71 Seconded by Councilman McCau- ley. Carried by the following vote: Yeas - Mayor Pregler, Council- men Ludwig, McCauley, PfohL Schultz. Nays-None. Councilman Ludwig moved that the rule requiring reading of an Ordinance on three separate days be waived. Seconded by Council- man McCauley. Carried by the fol- lowing vote: Yeas ~ l\-Iayor Pregler, Council men Ludwig, McCauley, Pfohl Schultz. Nays-None. Councilman Ludwig moved that a public hearing be held on the Ordinance on March 7, 1966 at 7:30 o'clock P.M. in the Council Chamber at the City Hall and that the City Clerk be instructed to publish notice of the hearing in the manner required by law. Sec- onded by Councilman McCauley. Carried by the following vote: Yeas - Mayor Pregler, Council men Ludwig, McCauley, Pfohl Schultz. Nays-None OROINANCE NO. 17-66 An Ordinance Amending and Changing Ordinance No. 3-34, known as the Zoning Map and Zoning Ordinance of the City of Dubuque, so as to change cer- tain property hereinafter de. scribed from "Single Family Residential District" classifica. tion to "Local Business District AU classification, (Link prop. erly), presented and read. Councilman Ludwig 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 Pregler, Council- men Ludwig, McCauley, Pfohl. Schultz. Nays-None. Councilman Ludwig moved that the rule requiring reading of an Ordinance on three separate days be waived. Seconded by Council- man McCauley. Carried by the fol- lowing vote: Yeas - Mayor Pregler, Council. men Ludwig, McCauley, Pfohl Schultz. Nays-None Councilman Ludwig moved that a public hearing be held on the Ordinance on March 7, 1966 at 7:30 o'clock P.M. in the Council Cham- ber at the City Hall and that the City Clerk be instructed to publish notice of hearing in the manner required by law. Seconded by Councilman McCauley. Carried by the following vote: Yeas - Mayor Pregler. Council men. Ludwig, J\IcCauley, Pfohl Schultz. Nays-None. ORDINANCE NO. 16-66 An Ordinance Amending and Changing Ordinance No. 3-34, known as the Zoning Map and Zoning Ordinance of the City of Dubuque, so as to change cer- tain property nereinafter de. scribed from "Single Family Residential District" classifica- tion to "Multiple Family Resi- dential District" classification, (Nauman-S~hilt% property) presented and read Councilman Ludwig moved that the reading just had be considered the first reading of the Ordinance ~ ORDINANCE NO. 15-66 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, owned by American Trust & Sav. ings Bank of Dubuque, Iowa, from "Single Family District" classification to "Local Business District A" classification, Adjourned Regular Session, February 9, 1966 presented and read. Councilman Ludwig moved that the reading just had be considered the first reading of the Ordinance. Seconded by Councilman IVlcCau- ley. Carried by the following vote: Yeas - Mayor Pregler, Council- men LUdwig, McCauley, Pfohl, Schultz. Nays-None. Councilman Ludwig moved that the rule requiring an Ordinance to be read on three separate days be waived. Seconded by Councilman McCauley. Carried by the following vote: Yeas - Mayor Pregler, Council men Ludwig, McCauley, Pfohl Schultz. Nays-None. February 7, 1066 To the Honorable Mayor and City Council Gentlemen: On November 15th the council referred to the city manager, city solicitor and water superintendent, a letter from Eldon T. Herrig con- cerning a bill for servicing a line break at 968 Tressa Street. I carefully investigated the mat- ter and sent Mr. Herrig a letter of explanation and also inviting him to discuss the matter further with me. A copy of the letter dated De- cember 22, 19G5 is attached. Mr. Herrig has not replied to the let- ter. Also attached is a letter from J. J. Hail, Water Superintendent, dated November 18, 1965, and a letter from City Solicitor R. N. Russo, dated November 19, 1965. I recommend that the Water De- partment be instructed to reissue the bill in the amount of $105.95. Respectfully submitted, Gilbert D. Chavenelle City Manager Mayor Pregler moved that the recommendation of the Manager be approved. Seconded by Council- man pfohl. Carried by the follow. ing vote: Yeas - Mayor Pregler, Council. Ludwig, McCauley, Plohl the fol Ir Pn',~d('r, Council :'\ilcCauJey, Pfohl hy February 9, 1966 C:-lrrir'd Mayor Pre~i{tr. owing Hlfe Yeas -- \1;n Ludwi,s;, lllen Schultz. Nays-None. AdjOllfnecl Hegular Session CITY COUNCIL OFFICIAL 7( To the Honorable and City Council Gentlemen: Enclosed are the annual reports of the Police and Fire Retirement Boards and the City Auditor's Of- fice for the year 1965. Respectfully submitted, Gilbert D. Chavenelle City Manager Councilman Pfohl moved that the reports be received and filed. Seconded by Councilman Ludwig. Carried by the following vote: Yeas - Mayor Pregler, Council men Ludwig, McCauley, Pfohl Schultz. Nays-None. 7, 1966 February Mayor men Schultz. Nays-None. Adjourned Regular I'uary 9, 1966. Council met at 7:30 P.M. (C.S.T.) Present _ Mayor Pregler, Coun- cilmen Ludwig, McCauley, Pfohl, Schultz. City Manager Gilbert D. Chavenelle. Mayor Pregler read the call and stated that service thereof had been duly made and this meeting is an ADJOURNED MEETING of the Regular meeting of February 7, 1966, for the purpose of acting up- on such business as may properly come before the meeting. Communication of George Fred- erick, a former policeman, urging a better pay scale for the police force, presented and read. Council- man Pfohl moved that the com. munication be received and filed. Seconded by Mayor Pregler. Car- ried by the following vote: Yeas - Mayor Pregler, Council men Ludwig, McCauley, Pfohl Schultz. Nays-None. Communication of Secretary of State of Iowa relative to foreign corporations doing business in Io- wa without Certificate of Author- ity from the Secretary of State, presented and read. Councilman Pfohl moved that the commuica- tion be referred to the City Solici- tor. Seconded by Mayor Pregler. Carried by the following vote: Yeas - Mayor Pregler, Council- men Ludwig, McCauley, Pfohl, Schultz. Nays-None. February 8, 1966 To the Honorable Mayor And City Council Gentlemen: You referred to your staff the petition of the First Baptist Church for a street light. The situation has been investi- gated and it is recommended that a 175 watt mercury vapor light be installed on a pole located at 2143 Judson Drive. Respectfully submitted, Gilbert D. Cbavenelle City Manager moved that 01 the City Seconded by Session Feb- councilman Pfohl the recommendation Manager be approved. '.;oji,,,4Ii>-_"""" ~ "n.. ~ , I;, Ii i ~! " " 'I h ! 73 CouncIl describing the various nuisances experienced in the neighbo-rhood such as hazardous walking, steam and water spray, noise at night, blocking area in front of garages and devaluation of property. Mr. Frank Pusateri, owner of the car wash, stated that the lot is 180 feet long and that proper pro- vision for parking is made, to han- dle at least fourteen cars. There is no sewer to take care of the water. He questioned being forced to op- erate under restrictions and felt that as long as the City issued the building permit he should Dot be dictated to on when and how to op- erate the business. The sidewalks have been salted continually to minimize any hazards. Mr. Pusa. teri stated that he is willing to co. operate and correct as many so called nuisances that are reasonab- ly possible. Mr. Vince Miller ad. dressed the Council in Mr. Pusa- teri's behalf by stating that wbere. ever you have a business they should be given a chance. Councilman pfohl moved orIgI- nally that the petition be received and filed. Seconded by Mayor Pregler. Carried by the following vote: , After all the discussion Mayor Pregler moved that the petition be referred back to the Manager. Sec- onded by Councilman LUdwig. Car- ried by the following vote: Yeas - Mayor Pregler, Council men Ludwig, McCauley, Pfohl Schultz. Nays-None. Petition of Peoples Natural Gas requesting permission to excavate in Cox Street and West 17th street, presented and read. Councilman LUdwig moved that the petition be granted. Seconded by Councilman Schultz. Carried by tbe following vote: Yeas - Mayor Pregler, Council men Ludwig, McCauley, Pfohl Schultz. Nays-None. Petition of American Legion Auxiliary requesting permission to hold poppy days on May lOth and ered in the 1966 street program, Seconded by Mayor Pregler, Car- ried by the following vote: Yeas - Mayor Pregler, Council Ludwig, McCauley, Pfohl Councilman Ludwig moved that the rules be suspended in order to let anyone present address the Council if they so desire. Second- ed by Councilman Schultz. Carried by the following vote: Yeas - Mayor Pregler, Council men Ludwig, McCauley, Pfohl Schultz. Nays--None, Attorney Leo McCarthy, repre- senting a group of citizens in the area of the Robo Car Wash, pre- sented the Council with pictures taken in the area showing intoler- able conditions. The citizens in the area are obliged to put up with icy sidewalk conditions all winter long, Residents across the street from the car wash receive car spray and the operation as a whole is presenting a private and a pub- lic nuisance, Mr. McCarthy further stated that the nuisance should be eradicated by the Council. Mr. Donald Sexton, Mrs. Man- ning, Mr. and Mrs. Ben Lammer, Loras Koerperick, L. Bernhard, Mrs. Olson, aU addressed the Yeas - Mayor Pregler, Council men Ludwig, McCauley, Pfohl Schultz. Nays-Non Adjourned Regular Session, February 9, 1966 Petition of Dubuque PaCking Company requesting renewal of a restricted plumber's license to be isued to Archie T. Kuehn, present- ed and read. Councilman Pfohl moved that the petition be ap- proved and referred to the Plumb- ing Board. Seconded by Council- man Ludwig. Carried by the follow- ing vote: Yeas - Mayor Pregler, Council men Ludwig, McCauley, Pfohl Schultz. Nays-None. Petition of Donald L. Sexton et al objecting to any improvements to be made on the alleys bounded by the 1600 block of Asbury & Finley streets ana sections of University & Cherry streets for the benefit of the Robo Car Wash only; also that the operators of the car wash ob- tain a parking lot; also that the business be closed between the hours of 11 P. M. and 6 A. M., pre- sented and read. men Schultz. Nays-None. .,:;, , r !, f 11 I t i: ~ Adjourned Regular Session, February 9, 1966 known as the zoning map and zoning ordinance of the City of Dubuque, so as to change certain property hereinafter :described from "single family residential district" classification to l'Ilocal business district "A'l classifica- tion, (Link property) presented and read, Councilman Ludwig 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 Pregler, Council- men Ludwig, McCauley, Pfohl, Schultz. Nays-None. Councilman Ludwig moved that the rule requiring reading an Ordi- nance on three separate days be waived. Seconded by Councilman McCauley. Carried by the follow- ing vote: Yeas - Mayor Pregler, Council men Ludwig, McCauley, Pfohl Schultz. Councilman Ludwig moved that a publiC hearing be held on the Ordinance on March 7, 1966 at 7:30 o'clock P,M, in the Council Cham- ber at the City Hall and that the City Clerk be instructed to publish notice of the hearing in the man- ner required by law. Seconded by Councilman McCauley. Carried by the following vote: Yeas - Mayor Pregler, Council- men Ludwig, McCauley, Pfohl, Schultz. Nays-None. Petition of Robert Brestrup re- questing permission to excavate at 235 King Street, presented and read. Councilman Pfohl moved that the petition be granted. Sec- onded by Mayor Pregler. Carried by the following vote: Yeas - Mayor Pregler Council- men Ludwig, McCauley, Pfohl, Schultz. Nays-None. Petition of Dubuque Tank Ter- minal requesting paving of Water street between first and Jones Street, also a portion of Water street south of Jones Street, also that Jones Street be covered with asphalt, presented and read. Councilman Ludwig moved that the petition be refered to the Engin- eering Department to be consid- and read, Councilman Ludwig moved that the reading just had be considered the first reading of the Ordinance. Seconded by Councilman Mc- Cauley. Carried by the following vote: Yeas-Mayor Pregler, Council- men Ludwig, McCauley, Pfohl, Schultz. Nays-None. Councilman Ludwig moved that the rule requiring reading of an Ordinance on three separate days be waived. Seconded by Council- man McCauley. Carried by the fol- lowing vote: Yeas-Mayor Pregler, Council- men Ludwig, McCauley, Pfohl, Schultz. Nays-None. Councilman Ludwig moved that a public hearing be held on the Ordinance on the 7th day of March at 7:30 o'clock P.M. in the Council Chamber at the City Hall and that the City Clerk be instruct- ed to publish notice of the hear- ing in the manner required by law. Seconded by Councilman McCau- ley. Carried by the following vote: Yeas-Mayor Pregler, Council- men Ludwig, McCauley, Pfohl, Schultz. Nays-None. Councilman Ludwig moved that a public hearing be held on the Ordinance on March 7, 1966,at 7:30 o'clock P.M. in the Council Chamber at the City Hall and that the City Clerk be instructed to pub- lish notice of the hearing in the manner required by law. Seconded by Councilman McCauley. Carried by the following vote: Yeas - Mayor Pregler, men Ludwig, McCauley, Schultz. Nays-None. ORDINANCE Council Pfohl NO. 18-66 An ordinance amending and changing ordinance No. 3-34, known as the zoning map and zoning ordinance of the city of Dubuque from "single family district" classification to local business district "B" classifica. tion, (Link property), presented 72 ORDINANCE NO. 19.66 An ordinance amending changing ordinance No. and 3-34, 75 -None Statement of City Clerk From- melt certifying that notices of pub. lic hearing were mailed to prop. erty owners subject to assessment for the construction of the Moore Heights Sanitary sewer on Janu- ary 21, 1966, by certified mail, pre- sented and read. Councilman Pfohl moved that the statement be reo ceived and filed. Seconded by Ma- yor Pregler. Carried by the fol- lowing vote: Yeas - Mayor Pregler, men Ludwig, McCauley, Schultz. Nays-None. \VHEREAS, proposed plans, specifications, form of contract, plat and schedule have been duly prepared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk showing among other things the following: 1. The boundaries of the dis- trict, if any. 2. The size and kind of sewers. 3. Each lot proposed to be assess- ed together with a valuation fixed by the council. 4. An estimate of the cost of the proposed improvement, stating the same for each different type of con- struction and kind of material to be used. Councilman McCauley moved adoption of the resolution. Second- ed by Mayor Pregler. Carried by the following vote: 5. In each case the amount there- of which is estimated to be assess- ed against each lot, for the construction of an eight inch (8") sanitary sewer from the Catfish Creek sanitary sew- er northerly through lot 3 to lot 7 inclusive of Moore Heights subdivision. BE IT THEREFORE RESOLVED that the City Council on its own motion or upon petition of proper- ty owners, deems it advisable and necessary for the public welfare to make the herein mentioned im. provement, and unless property owners at the time of the final consideration of this proposed reso- lution have on file with the City Clerk Objections to the amount of the proposed assessments, they one. Proof of Publication, certified to by the Publisher, of Notice of pen- dency of resolution of necessity for public improvements and hear- ing upon proposed plans and speci- fications, form of contract and cost of improvements for the construc- tion of an eight inch sanitary sew. er from the Catfish Creek sanitary sewer northerly through Lot 3 to Lot 7 inclusive of Moore Heights Subdivision, presented and read. Councilman Ludwig moved that the proof of publication be reo ceived and filed. Seconded bv Councilman Pfohl. Carried by th~ following vote: Yeas - Mayor Pregler, Council men Ludwig, McCauley, Pfohl Schultz. Nays-N ~ Yeas - Mayor Pregler, Council Lllfh-,'i;;:, McCauley. Pfohl Council Pfohl (Necessity for Improvement RESOLUTION NO. 18-66 Session, February 9, 1966 I1WI1 S('hulb: N<'lYs. h<JS been cfJmple~cd awl thl;' eil y l\l<ln;H~f:'r hB'i px:uni.nerl I h(' \Yor];; al1d filed his certificate slatil1l; 1.hal. the same has heen completed according to the terms of the con- tract, plans and specifications and recommends its acceptance, noW therefore, BE 1T RESOLVED, by the City Council of the City of Dubuque, that the recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted. BE 1T FURTHER RESOLVED, that the City Treasurer be and he is hereby directed to pay to the contractor from the Sanitation-Mu- nicipal Improvement - Kaufmann A venue Storm Sewer Bond Issue upon the above described improve- ment in amount equal to the amount of his contract, less any retnined percentage provided for therein. Passed, adopted and approved this 9th day of February, 1966. Walter A. Pregler Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Richard Ludwig Councilmen Regular AdiOUrIll'd Attest: Leo F. Frommelt City Clerk Adjourned Regular Session, February 9, 1966 FINAL ESTIMATE RESOLUTION NO. 46-66 WHEREAS, the contract for the construction of a twenty.four (2411) and appurtenances from the existing storm sewer abut. ting Lot 8-Block 4 of Key Knolls Subdivision, westerly along the property line of Block 4 and Block 6 of Key Knolls Sub- division to the existing storm sewer abutting Lot 13-Slock 6 of Key Knolls Subdivision. has been completed and the City Engineer has submitted his final estimate showing the cost thereof. BE IT RESOLVED, by the City Council of the City of Dubuque, That the cost of said improve- ment is hereby determined to be $6,058.38. That None of the cost there- of shall be assessable upon private property and $1,450.20 shall be paid from the Kaufmann Avenue Storm Sewer Bond Issue and $4,608.18 shall be paid from the Sanitation-:Municipal Improvement Fund of the City of Dubuque. Passed, adopted and approved this 9th day of February, 1966. Walter A. Pregler Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Richard Ludwig Councilmen 74 11th, 1966, presented and read. Councilman Schultz moved that the petition be referred to the Mayor and City Manager. Seconded by Mayor Pregler. Carried by the following vote: Yeas - Mayor Pregler, Council- men Ludwig, McCauley Pfohl, Schultz. Nays-None. Petition of Leo V. Plein request- ing a refund of $25 on the unex- pired portion of cigarette license No. 295, as he has discontinued business on February 1, 1966, pre- sented and read. Councilman Lud- wig moved that the petition be granted and the Auditor instruct- ed to issue proper warrant. Sec- onded by Councilman Pfohl. Car- ried by the fonowing vote: Yeas - Mayor Pregler, Council- men Ludwig, McCauley, Pfohl, Schultz. Nays-None. Petition of Mrs. A. J. Trapp, re- questing a refund of $25 on the unexpired portion of cigarette li- cense No. 57, as she has discon- tinued business on February 7, 1966, presented and read. Council- man Ludwig moved that the peti- tion be granted and the Auditor instructed to issue proper warrant. Seconded by Councilman Pfohl. Carried by the following vote: Yeas - Mayor Pregler, Council. men Ludwig, McCauley, Pfohl Schultz. Nays-None. Attest: Leo F. Frommelt City Clerk Councilman McCauley moved adoption of the resolution. Second~ ed by Mayor Pregler. Carried by the following vote: Yeas - Mayor Pregler, Council Ludwig, McCauley, Pfohl Resolution Accepting Impr-ovement) RESOLUTION NO. 47.66 WHEREAS, the contract for thc Construction of a twenty.four inch (2411) and appurtenances from the existing storm sewer abutting Lot 8 - Block 4 of Key Knolls Subdivision, westerly along the property line of Block 4 and Block 6 of Key Knolls Sub. division to the existing storm sewer abutting Lot 13-Block 6 of Key Knolls Subdivision. men Schultz. Nays-None. (A February 4, 1966 To the Honorable Mayor and City Council Gentlemen: The Keymont - Key Corner Storm Sewer in Key Knolls Subdi- vision has been completed in ac- cordance with plans and specifica- tions by Smitty's Excavating Com- pany of Dubuque, Iowa. I recommend the acceptance of the improvement. Respectfully submitted, Gilbert D. Chavenelle City Manager Mayor Pregler moved that the recommendation of the Manager be approved. Seconded by Council- man McCauley. Carried by the fol- lowing vote: Yeas - Mayor Pregler, Council men Ludwig, McCaUley, Pfohl Schultz. Nays-None. _."..,,,,,,,..,,, 77 1JIo; IT lnTRTJn:R IU<:S01,Vl';Il that. Ow City Clerk be and he is hCl"chv ordered and diredcd to adverl.ise for prosopals for the con- struction of the various improve- ments herein provided for in the manner provided by law, the said improvements shall be completed on Of before 30 days after notice to proceed has been issued. BE 11' FURTHER RESOLVED t.hat this resolution being deemed urgent and of immediate necessity shall be in force and effect from and after its passage and adoption by the City Council. Passed, adopted and approved this 9th day February, 1966. Walter A. jall by the Proof of Publication, certified to by the Publisher, of notice of pub- lic hearing to consider a proposal to dispose of a 20' wide alley lying first east of Maple street from Sixteenth street north to Eighteen- th Street-that portion of Seven- teenth street lying east of the E.P.L. of Maple street and lying be- tween Lot 310 and 311 of East Dubuque No. 2 Addn. subject to water main easement-that por- tion of Eighteenth Street lying east of property line of Eighteenth Street and lying between Lot 305 and 306 of East Dubuque No. 2 Addn. to the Dubuque Packing Co. in the amount of $75.0., presented and read. No written objections were filed and no oral objectors were present in the Council Cham- ber at the time set for the public hearing. Mayor Pregler moved that the proof of publication be receiv- ed and filed. Seconded by Council- man Schultz. Carried by the follow- ing vote: 1 Pregler Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Richard Ludwig ComiC Attest: Leo F. Frommelt City Clerk l\'layor Pregler mov(;~l fl,l(1~j of the resolution. Seconded Councilman Schultz. Carried by following vote: Yeas - Mayor Pregler, Council men Ludwig, McCauley, Pfohl Schultz. Nays-None. Im2n 1966 y Februar Regular SessiOl (Ordering Construction) RESOLUTION NO. 49.66 Be it resolved by the City Coun- cil of the City of Dubuque that pur- suant to a resolution of necessity No. 18-66 which was duly passed by this Council, for the construction of an eight inch (8") Sanitary Sewer from the Catfish Creek Sanitary Sewer northerly through lot 3 to lot 7 inclusive of Moore Heights subdivision be and the same are hereby ord- ered and constructed by this Coun- cil upon its own motion and with or without the petition of property owners. All the work shall be con- structed in accordance with the plans and specifications heretofore adopted and now on file in the office of the City Clerk. BE IT FURTHER RESOLVED that - the cost and expense of the said improvements be paid for by levying special assessments against the privately owned property ly- ing within the assessable distance from the improvements, whether such property abut upon the same or are adjacent thereto, accord- ing to the area thereof and in pro- portion to the special benefits con- ferred, and any deficiency will be paid out of the sewer funds of the city. Payment will be made to the contractor out of funds realized from the sale of sewer Bonds to be issued in anticipation of deferred payments of assessments as provid- ed by law after the work has been completed and accepted by the City CounciL Attest: Leo F. Frommelt, City Clerk Mayor Pregler moved adoptlOn of the resolution. Seconded by Councilman Schultz. Carried by the following vote: Yeas - Mayor Pregler, Council men Ludwig, McCauley, Pfohl Schultz. Nays-None. A. Pregler Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Richard Ludwig Counci <Inri ::lpprOVN Fphruary, 1$161; lmen !led Adjm fldnpte( d<'lY of \Va}ter l'aSSPCI is 9th Adjourned Regular Session, February 9, 1966 RESOLUTION NO. 48.66 WHEREAS, proposed plans and specifications and form of contract for the construction of an eight inch (8") Sanitary Sewer from the Catfish Creek Sanit- ary Sewer northerly through lot 3 to lot 7 inclusive of Moore Heights subdivision have been approved by the City Council of the City of Dubuque and public notice given as provided by Chapter 23 of the Code of 10wa, 1962 pertaining to public contracts and bonds, and the time and place fixed for the hearing of all objec- tions to said plans, specifications or contract for or cost of improve- ments, said time being the 7th day of February, 1966 and WHEREAS, the City Council met in adjourned regular session this 9th day of February, 1966, at 7:30 o'clock P.M. C.s.T. at the Council Chambers in tbe City Hall for the purpose of hearing all interested parties and considering any and all objections which have been fil- ed to the proposed plans, specifica- tions or contract for or cost of the improvement herein described and proposed to be made; and WHEREAS, all interested parties have been given an opportunity to be heard and all objections which have been duly weighed and con- sidered; now, therefore BE 11' RESOLVED by tbe City of Dubuque, that all objections which have been made and filed to the plans, specifications, contract for or cost of said improvement herein described and proposed to be made, be and the same hereby overruled and such plans, spec- ifications, contract for or cost of said improvement herein described and proposed to be made be and the same hereby overruled and such plans, specifications and form of contract heretofore approved are hereby adopted. BE 11' FURTHER RESOLVED that this resolution containing the decision of this Council upon all objections which have been filed to the plans, specifications and form of cost said improvement be made a matter of permanent record in connection with said improve- ment. Attest: Leo F. Frommelt, City Clerk Councilman Schultz moved final adoption of the resolution. Sec- onded by Mayor Pregler. Carried by the following vote: Yeas-Mayor Pregler, Council- men Ludwig, McCauley, Pfohl Schultz. Nays-None_ A. Pregler Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. pfohl Richard LUdwig Councilmen Decision of Council upon objec. tions to plans, form of contract and cost of improvements. 76 shall be deemed to have waived al objections thereto. Said improvement shall be con- structed and done in accordance with the plans and specifications which have been prepared there. for by the City Engineer which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said improve- ment will be assessed upon and against all privately owned proper- ty lying within assessable distance provided by law and in an amount not to exceed the amount provided by law, property will be assessed whether the same abuts thereon or is adjacent thereto according to area and in proportion to the spec- ial benefits conferred thereby, and any defiCiency shall be paid out of the sewer funds. Bonds shall be issued and sold in anticipation of deferred payments of assessments when a contract has been perform- ed and accepted and the proceeds thereof used to pay the contractor. The railway portion of any street or assessment district shall be assessed to and paid by the rail- way company. The above resolution was intro- duced, approved and ordered plac- ed on file witb the City Clerk this 3rd day of January, 1966. RECORD OF FINAL ADOPTION The foregoing resolution was finally passed and adopted as pro- posed, by the City Council this 9th day of February 1966. Walter ....',,- 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. 79 Adjourned Reb'lllar Session, February 9, 1966 Yeas ~ Mayor Pregler, Council men Ludwig, McCauley, Pfohl Schultz. Nays-Non Add ress Rhomberg BE IT FURTHER RESOLVED that the bonds filed with the appli. cation be approved. Passed, adopted and approved this 9th day of February, 1966. Walter A. Pregler Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Richard Ludwig Councilmen 1027 Name Jay E. Williams, Avenue , RESOLUTION NO. SI.66 Resolution Authorizing Execu- tion Of Agreement With Illinois Central Railroad Company. WHEREAS, City 01 Dubuque, Iowa and Illinois Central Railroad Company, a corporation of the State of Illinois have negotiated for the grant of easement for a road- way unto City of Dubuque, Iowa on and across real estate of lllinois Central Railroad Company and which terms agreed upon are em- bodied in an agreement, a copy of which is hereto attached, dated January 10, 1966. NOW THEREFORE BE IT RE. SOLVED BY THE CITY COUNCIL DF THE CITY OF DUBUQUE, IOWA: Eigh- to Adjourned Regular Session, February 9, 1966 north Sixteenth Street teenth Street. Council Pfohl 78 Yeas -- l\,Tayor Pregler, nwn Ludwig. McCauley Schultz. Nays-Nonc. Attest: Leo F. Frommelt, City Clerk Councilman Ludwig moved adop- tion of the resolution. Seconded by Councilman Pfohl. Carried by the following vote: Yeas - Mayor Pregler, Council men Ludwig, McCauley, Pfohl Schultz. Nays-None. RESOLUTION NO. 53.66 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. Name Section 1. That the Agreement by and between City of Dubuque, Iowa, and illinois Central Railroad Company dated January 10, 1966, setting forth the terms and condi- tions of grant of easement by Illi- nois Central Railroad Company to City of Dubuque, Iowa be and the same is hereby approved. Section 2. That the Mayor and City Clerk be and they are hereby authorized and directed to execute said agreement dated January 10, 1966 for and on behalf of City of Dubuque, Iowa. Passed, adopted and approved this 9th day of February, 1966. Walter A. Pregler Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Richard Ludwig Counc f l\- r t ~ I ) ~ 2. Th<'1f portion of Seventeent.h street lying east of the east property line of Maple Street and lying between Lot 310 and Lot 311 of "East Dubuque NO.2" Addition, sUbject to easement reo served for existing six inch water main. 3. That portion of Eighteenth Street lying east of property line of Eighteenth Street and lying between Lot 305 and Lot 306 of "East Dubuque No.2" Addition, all of the above in the City of Dubuque, Dubuque Coun- ty, Iowa to DUBUQUE PACKING COM. P ANY for the Sum of Seven Hun- dred Fifty ($750.00) Dollars plus costs of publication, be and the same is hereby approved. Section 2. That the Mayor and City Clerk are hereby authorized and directed to execute Quit Claim Deed of City of Dubuque, Iowa, conveying to DUBUQUE PACKING COMPANY, all of its rights, title and interest in and to the real estate hereinabove described, sub- ject however, to reservation of easement in favor of City of Du- buque for existing six inch water main, and to deliver said Deed up- on receipt of the purchase price of $750.00 and receipt of payment of costs of publication. Section 3. That the City Clerk be and he is hereby authorized and directed to record a certified copy of this Resolution in the office of the Dubuque County Recorder in and for Dubuque County, Iowa, im- mediately after delivery of Deed to purchaser. Passed, adopted and approved this 9th day of February, A.D. 1966. RESOLUTION NO. 50-66 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 Janu- ary 7, 1966 and January 14, 1966, City Council of Dubuque, Iowa, met on the 9th day of February, 1966, at 7:30 o'clock P.M., Central Stand. lard Time, in the City Council Chamber in the City Hall, Dubuque, Iowa, to consider the proposal to dispose of certain real estate at which hearing all interested per- sons were afforded an opportunity to be heard for or against such proposal and which real estate is described as follows, to wit: 1. The 20 foot wide alley lying first east of Maple Street from Sixteenth Street north to Eigh- teenth Street. Address CLASS "B" BEER PERMITS Carl E. Nagelmaker, 3203 Jackson Street John I. Sullivan, Av. Iowa ilmen A. Pregler Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Richard Ludwig Councilmen Walter 2. That portion of Seventeenth Street lying east of the east property line of Maple Street and lying between Lot 310 and Lot 311 of "East Dubuque No.2" Addition, subject to easement re- served for existing six inch water main. 3. That portion of Eighteenth Street lying east of property line of Eighteenth Street and lying between Lot 305 and Lot 306 of "East Dubuque No.2" Addition, all of the above in the City of Dubuque, Dubuque County, Iowa. WHEREAS, City Council of Du. buque, Iowa, overruled any and all objections, oral or written, to the proposal to dispose of the interest of the City of Dubuque, Iowa, in the above described real estate to DUBUQUE PACK1NG COMPANY for the sum of Seven Hundred Fif- ty ($750.00) Dollars plus costs of publication. Central 802 Love, 2995 enue Kenneth Jerome Street Jay E. Williams, A ven ue Attest: Leo F. Frommelt, City Cierk Councilman Ludwig moved adop- tion of the resolution. Seconded by Councilman McCauley. Carried by the following vote: Yeas - Mayor Pregler, Council men Ludwig, McCauley, Pfohl Schultz. Nays-None. Attest: Leo F. Frommelt, City Clerk NOW THEREFORE BE IT RE. SOLVED BY THE CITY COUNCIL OF ClTY 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; Rhomberg CLASS "e" BEER PERMIT National Tea Company, 1313 Dodge Street 1027 RESOLUTION NO. S2-66 BE IT RESOLVED by the City Council of the City of Dubuque, Councilman McCauley moved ad- option of the resolution. Seconded by Councilman Pfohl. Carried by the following vote: , lying from I. The 20 foot wide alley first east of Maple Street ,..., ._.^...;.~.... 81 Adjourned Regular Session, February 9,1966 that the Manager cause to be issued named applicants Dubuque, Iowa, be authorized to to the following a Liquor Permit. CLASS "e" COMMERCIAL ESTABLISHMENT Add ress 1027 Rhomberg Name Jay E. Williams, Avenue Navy Club Ship Street Passed, adopted and approved this 9th day of Fehruary, 1966. Walter A. Pregler Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Richard Ludwig Councilmen Main Attest: Leo F. Frommelt City Clerk Councilman Ludwig moved adop- tion of the resolution. Seconded by Mayor Pregler. Carried by the following vote: Yeas - Mayor Pregler, Council- men Ludwig, McCauley, Pfohl, Schultz. Nays-None. There being no further business Mayor Pregler moved to adjourn. Seconded by Councilman Pofhl. Caried by the following vote: Yeas - Mayor Pregler, Council- men Ludwig, McCauley, Pfohl Schultz. Nays-None. Leo F. Frommelt City Clerk 1966. ..1966. ~ 469 #67, Adjourned Regular Session, February 9, 1966 Mayor Pregler moved adoption of the resolution. Seconded by Councilman Pfohl. Carried bJ' the following vote: Yeas - Mayor Pregler, Council men Ludwig, McCauley, Pfohl Schultz. Nays-None. 80 Passed, adopted and approved this 9th day of February, 1966. Walter A. Pregler Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Richard Ludwig Councilmen RESOLUTION NO. 55-66 \VHEREAS, 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 Address 1027 Rhomberg Name Jay E. Ave. Navy Club Streeet Passed, adopted and approved this 9th day of February, 1966. Walter A. Prgler Mayor M. Sylvester l\IcCaulcy Merlin F. Schultz Eldon A. Pfohl Richard Ludwig Councilmen Main 469 #67, Williams, Ship Attest: Leo F. Frommelt, City Clerk Councilman Pfohl moved adop- tion of the resolution. Seconded by Councilman Ludwig. Carried by the following vote: Yeas - Mayor Pregler, Council- men Ludwig, McCauley, Pfohl, Schultz. Nays-None. RESOLUTION NO. 54-66 WHEREAS, applications for Beer Permits were filed by the within named applicants and they have re- ceived the approval of this Council; 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. Name Address r City Clerk. Approved Councilmen Attest: Adopted ?, )' fr. 1.' I Z 5 \ % J i Attest: Leo F. Frommelt City Clerk Councilman Pfohl moved adop- tion of the resolution. Seconded by Mayor Pregler. Carried by the fol- lowing vote: Yeas - Mayor Pregler, Council men Ludwig, McCauley, Pfohl Schultz. Nays--None. RESOLUTION NO. 56-66 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 insepcted and found to comply with the State law and all City ordin- ances relevant thereto and they have filed proper bonds; . NOW THEREFORE BE 1T RE. SOLVED by the City Council of Av. Rhomberg "e" BEER PERMIT ea Company, 1313 Dodge Attest: Leo F. Frommelt, City Clerk Iowa CLASS "B" BEER PERMIT Carl E. Nagelmaker, 3203 Jackson Street John L. Sullivan, 2995 Central 802 Love, 1027 enue Kenneth Jerome Street Jay E. Williams, Avenue . 83 2-25. Mayor Pregler moved final adop* tion of the Ordinance. Seconded by Councilman McCauley. Carried by the following vote: Yeas - Mayor Pregler, Council- men LUdwig, McCauley, Pfohl, Schultz. Nays-None. Dr. McNamara expressed his thanks to the Council and also at- torney Cooney for consideration shown in adopting the Ordinance in rezoning the McNamara proper- ty. Mr. Frank Pusateri as owner of the Roba Car Wash on Asbury Street objected to the passage of the Ordinance by stating that the adoption of same would not solve the traffic problem in the area. He requested a little more time until the alleys could be widened and graded and surfaced. Mr. Sam Pus. ateri was of the opinion that the Council in the adoption of the Or- dinance would be restricting prop- er use of the alleys. Attorney Leo McCarthy as spokesman and repre- sentative of the citizens in the area requested that the Ordinance be adopted. Mayor Pregler moved that the reading just had be considered the first reading of the Ordinance. Seconded by Councilman McCau- ley. Carried by the fOllowing vote: Yeas - Mayor Pregler, Council men Ludwig, McCauley, Schultz. Nays - Councilman Pfohl. County, Iowa, now In the City of Du- bUQue, Iowa and owned by Robert J. and Wilma A. McNamara. Passed, adopted and approved this 18th day of F~l}::t~'irR Af"p~~GLER M. SYLVESTER McCAUL~vor MERLIN F. SCHULTZ ELDON A. PFOHL RICHARD LUDWIG Councilmen ATTEST: Leo F. Frommet City Clerk Published officiallY In The Telegraph- Herald Newspaper this 25th day of Feb- ruary, 1966. Leo F. Frommelt City Clerk 1 ORDINANCE NO. 20.66 An Ordinance Amending Ordin- ance No. 33-49, as Amended, known as the "Traffic Code of Dubuque, Iowa" by Enacting a New Subsection h. to Schedule VII Thereof To Prohibit The Stopping or Parking of any Ve- hicle in That Portion of Alley Be- tween Asbury Street and Finley Street from Cherry Street to Un- iversity Avenue, presenb:d and read. February 18, 1966 Of Dubuque, So As to Change C~rtajn Property Hereinafter De- scribed, Owned By Robert J. Mc- Namara And Wilma A. McNa- mara, From "Single Family Dis- trict" Classification to "Local Business District B" C lassifica- tion, .aid Ordinance having been pre- 'v'iously presented and read at the Cuuncil meeting of January 31, 1966, presented for final adoption. Session Spedal ~ ~ ORDINANCE NO. 2-66 An Ordinance amending and changing Ordinance No. 3-34, known as the Zoning Map and Zoning Ordinance of the City ot Dubuque, so as to change certain property hereinafter described, owned by Robert J. McNamara and Wilma A. McNamara, from "Single Family District" classification to "Lo- cal Business District B" classifica- tion. 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 Ordin2nce of the City of DubUQue be and the same is hereby amended by changing from "Single FamilY Residence District" Classification, to "Local Busi- ness District BU Classification the fol- lowing described real estate, fo-wit: Beginning at a peint 257.15 feet south d the East one-Quarter corner of said S~ction 28 and on the east line of said Section 28, being the intersection of fhe said east line of said Section 28 and the northerly right-of,way line of U.S. ri,'Jhll1.'ay No. 20, thence North 257.15 feet on the Section Line to said East One-Quarter Corner of said Section 28, thence North 1,333.86 feet along said Section Line and the east line of the Southeast One-Quarter of Northeast One-Quarter of said Section :.18 to the Northeast Corner of the South- east One-Quarter of Northeast One-Quar- ter of Section 28, Township 89 North, loi.2n~e 2 East of 5th Principal Meridian, thence North 880 48'/2' West, 306.28 feet, thence North 87" 47' West, 302.43 feet, thence North 88" 41' West, 317.25 feet, thence North 89" 47V2' West, 408.71 feet to the Northwest Corner of Southeast One.Quar- ter of Northeast One-Quarter, Section 28, Township 89 North, Range 2 East of the 5th Principal Meridian, thence South, 478.57 feet, thence Soulh 0" 21' West, 850.87 feet, thence South 0" 29' East, 473.00 feet to the norther Iv right-of-way line of U. S. Highway No. 20, thence along the northerlY right-of-way line of said U.S. Highwav No. 20, marked bv railroad rails, as follows: North 560 08V2' East, 112.48 feet, thence North 76" 40' East, 223.28 feet, thence North 780 171/2' East, 387.78 feet, thence Nortll 890 36'/2' East, 255.23 feet, thence South 88" 47V2' East, 389.24 feet to point of beginning: excepting that area in Lot 2 of Lot 1 of Lot 1 of Hawkeve Stock Farm in Sections 27 and 28, Dubuque TownShip, Dubuque County, Iowa, Iving west of the section line between Sections 27 and 28, and being in the northeast corner of the aforesaid tract commenc- ing at the East One-Quarter Corner of said Section 28, thence North, 1,057.90 feet along said Section Line and the east line of said section 28 to a point in the John F. Kennedv rioad and the point of beginning of the exception, thence North, 275.96 feet to the Northeast Cor- ner of Southeast One.Quarter of North- east One-Quarter, Section 28, Township 89 North. Range 2 East of fhe 5th Prin- cipal Meridian, thence North 880 48'/2' West, 136.50 feet to an- ~t~~d, fho~g~e i~IO~~e a Jg~noof.cu~~nnio'1r. cave southeaster Iv a distance of 308.00 feet more or less to the point of begin- ning: in the City of Dubuque, Dubuque County, Iowa: Also known as Lot 1 of Lot 1 of Lot 1 of Hawkeye Stock Farm in Sections 27 and 28, Dubuque Township, Dubuque 1966 Yeas - Mayor Pregler, Council men Ludwig, McCauley, Pfohl Schultz. Nays-N Session, February 18, CITY COUNCIL Special 82 .~ ~ '*' -~: ~ t~ one. Communication of Dubuque The- atre Corporation (N. Yiannias) stating that they do not object to the shopping center but request- ing that proper steps be taken, prior to rezoning, of the McNamara property to avoid certain problems that may arise such as drainage of the area, parking lot lights, lights from cars shining into the theatre etc. presented and read. Mayor Pregler moved that the communi- cation be referred to the Engin- eering and Building Departments. Seconded by Councilman Pfohl. Carried by the following vote: Yeas - Mayor Pregler, Council. men Lud\vig, McCauley, Pfohl. Schultz. Nays-None. Councilman Pfohl moved that the rules be suspended in order to let anyone present address the Council if they so desire. Seconded by Mayor Pregler. Carried by the following vote: Yeas - Mayor Pregler, Council- men Ludwig, McCauley, Pfohl, Schultz. Nays-None. Mr. Martin Cooney, attorney fQl' the McNamara interest, quoted from the abstract which indicated a covenant at the time the prop- erty was purchased by IHcN amara which would dispute the idea of objection suggested by Mr. Yian- nias. The contract of purchase ac- tually makes no protest of any kind. Mr. Lyle Kopp of the Midwest Developers Inc. stated that he was not opposed to the shopping cen- ter but suggested a buffer zone be- tween single family residences, which will be built in his subdi- vision, and the shopping center property. A definite line could be set out b~' a row of evergreen trees rather than an expensive wall. It was suggested by the Council that the Kopp request be referred to the Engineering Department for consideration. ORDINANCE NO. 2-66 An Ordinance Amending And Changing Ordinance No. 3--34 Known As The Zoning Map And Zoning Ordinance Of The City OFFICIAL Special Session, February 18, 1966. Council Met At 7:30 P. M. (C.S.T.) Present-Mayor Pregler, Coun~ cil men Ludwig, McCauley, Pfohl, Schultz:. City Manager, Gilbert D. Chavenelle. Mayor Pregler read the call and stated that service thereof had been duly made and this meeting is called for the purpose of con- ducting a public hearing on the re- zoning of Lot 1 of Lot 1 of Lot 1 of Hawkeye Stock Farm in Sections 27 and 28, Dubuque Township, Du- buque County, Iowa, now in the Ci- ty of Dubuque, and owned by Rob- ert J. & Wilma A. McNamara and acting on any other business which may properly come before a regu- lar meeting of the City Council. No written objections to rezon- ing were filed and no objectors were present in the Council Chamber at the time set for the hearing. Councilman L u d wig moved that the proof of publica- tion be received and filed. Second- ed by Councilman Pfohl. Carried by the following vote one, Proof of Publication, certified to by the Publisher, of Notice of pub- lice hearing to consider rezoning of Lot 1 of Lot 1 of Lot 1 of Hawkeye Stock Farm Sections 27 and 28 now in the City of Dubuque, owned by Robert J. & Wilma McNamara from Single Family to Local Busi- ness District "B" classification, pre- sented and read. Yeas - Mayor Pregler, Council man Ludwig, McCauley, Pfohl Schultz. Nays-N Communication of Otto Waechter stating that he is in favor of the proposed shopping center on the McNamara property however is not in favor of making Wacker Drive a public street, presented and read. Mayor Pregler moved that the communication be referred to the Engineering and Building Depart- ment. Seconded by Councilman Pfohl. Carried by the fol1owiug vote: ."_;w,..... 8;) 1I:1yor Pregler movecl final adop- tion of the Ordinance as read and presented. Seconded by Council ;-i1&U I\IcC.1ulcy. Can-ied by the fol 10\ving vote Proof of Publicat::on, L to by the Publisher, of notice of pub- lic hearing to amend the current budget t<J- increase e}~penditure5 in various funds covering unex- pended cash balances presented and read. No writtell objections \vere filed nncI no oral objectors were present in the Council Chamber at the time set for the pubilc hearing. Council- :il.l8il Ludwig moved that the proof of publication be received and filed. Seconded by Mayor Pregler. Carried by the following vote: Coune Pfohl Ycas - 1\'1ayor Pregler, r:rH:'l1 Ludwig, J.\'IcCauley Schultz. Nays-None. , 3. Traffic shall move westerly only .1. On East 21st Street from White Street to Central Avenue. b, On East Ninth Street from White 5treet to Centra! Avenue. c. On West Ninth Street from Central Avenue to its westerly terminus. 4. Traffic shall move easterlY only; a. On Eighth Avenue from Hill Street to White Street. b. East First Street from Water Street to Terminal Street. c. In the alley lying between Cherry Street and University Avenue and lying parallel thereto extending from the eClsterly edge of the alley lying immediately west of Asbury Street to Asbury Street." Passed, adopted and approved this 18th day of February, 1966. WALTER A. PREGLER, Mayor M. SYLVESTER McCAULEY RICHARD LUDWIG Councilmen Attest: Leo F. Frommelt City Clerk Published Officially in the Telegraph Herald Newspaper this 24th day of Feb ruary, 1966, LEO F. FROMMELT City Clerk t.2/24 ci Plur 0' l. W, 1960 Yeas - Mayor Preglel men Ludwig, 1'1cCauley. Councilmen Nays Schultz. )ruary I' Sessio nf'i NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Ordinance No. 33-49, as amended, known as the "Traffic Code of Dubuque, Iowa" be and the same is hereby amended by Repealing Schedule I therefore and enacting a new Sched- t,;le I in lieu thereof as follows; "SCHEDULE I Traffic shall move northerlY onlY: a. In the alley between Iowa Street and Central Avenue from West Fourth Street to West Ninth Street and from West Tenth Street to West Fourteenth Street. b. In the alley between Locust Street and Main Street from West First Street 10 West Twelfth Street. c. On Iowa Street from West Fourth Street 10 Loras Boulevard. d. On Locust Street from Dodge Street to West Sixteenth Street. e. On the portion of Elm Street lying east of the railroad tracks in said street between East 24th Street and East 26th Street. f. On White Street from East Fourth Street to East 21st Street. g. On the east ramp of Kerrigan Road. 2. Traffic shall move southerly only: a. In the alley between Central Aven- ue and White Street from East 14th Street to East Fourth Street. b. In the alley between Main Street and Iowa Street from West Twelfth Street to West Second Street. c. On Bluff Street from West 16th Street to Dodge Street. d. On Main Street from Loras Boule- vard to West Fourth Street. e. On the portion of Elm Street lying west of the railroad tracks in said street and East 26th Street. f. On Central Avenue from 21st Street to Fourth Street. g.'On the west ramp of Kerrigan Road north of Grandview Avenue. h. Terminal Streef from First Street to Jones Street. i. In the alley lying between Asbury Street and Finley Street from Cherry Street to University Avenue. Pial ORDINANCE NO. 21--66 An Ordinance amending Ordinance No. 33-49, as amended, known as the "Traffic Code of Dubuque, Iowa" by repealing Schedule I thereof and enacting a new Schedule I in lieu thereof to require, among other re- quirements, traffic to move souther- ly only in the alley lying between Asbury Street and Finley Street from Cherry Street to University Aven- ue and to require traffic to move EasterlY only In the alley lying be- tween Cherry Street and University Avenue and lying parallel thereto ex- tending from the EasterlY edge of said alley lying immediately West of Asbury Street to Asbury Street. ^ Spec Y~'as -.- j\1ayor Pre men LudW:,l;. MCCal1. l'Tays Council Schultz. 18, 1966 first reading of the Ordinance Seconded by Councilman McCau- ley. Carried by the following vote: Yeas ~ Mayor Pregler, Council- men Ludwig, McCauley, Pfohl, Schultz. Nays~None. Mayor Pregler moved that the rule requiring reading of the Or~ dinance on three separate days be waived. Seconded by Councilman McCauley. Carried by the follow- ing vote: Yeas - Mayor Pregler, Counci men Ludwig, McCauley, Pfoh Schultz. Na;ys-None. Discussion arose as to the dele- tion of a portion of the Ordinance in Schedule I, section 2, covering movement of traffic southerly, subsection i, in the alley between Asbury & Finley streets from Cher- ry to University Avenue. Mayor Pregler moved that the section re- ferred to be retained in the Or. dinance as written. Seconded by Councilman Ludwig. The vote on the motion was as follows: Pregler, Council McCauley, Yeas - Mayor man Ludwig. Nays - Councilmen Pfohl, Schultz. Motion failed jority. Session, February ,t ! ~ f mo, Councilman M c C a u ley then changed his vote from NAY to YEA on the original motion as to the retention of the section in the Ordinance under discussion as written which changed the motion from failure to passage. Further discussion arose as to the deletion of a portion of Sched- ule I section 4, sub-section "c" movement of traffic easterly only, in the alley lying between Cherry Street and Universiy Avenue. Councilman McCauley the n moved that he be given an oppor- tunity to reconsider as he did not fUlly understand the motion. Sec- onded by Mayor Pregler. Carried by the following vote: Yeas - Mayor Pregler, Council. men Ludwig, McCauley, Pfohl. Nays - Councilman Schultz. Mayor Pregler moved that the section be retained in the Ordin- ance as written. Seconded by Councilman Ludwig. Carried by the following vote: of lack for ORDINANCE NO. 211--66 t~. ~9~nc:S ~:~~~i~ ~ri:.1"nan~: the "Traffic Code of Dubuque, Iowa" by enacting a new sub-section h. to Schedule VII thereof to prohibit fhe f~0'tC~'9 pg~lnar:Jn:ll:i ::tt..e::'~~ bury Street and Finley Street from Cherry Street to University AYen~ ... NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF CITY OF DUBUQUE, IOWA: Section 1. That OrdInance No. 3J-.<j9, as amended, known as the "Traffic Code of Dubuque, Iowa" be and the same is hereby amended by enactIng a new sub-section h. to Schedule VII thereof as follows: "SCHEDULE VII. h. In the alley lying between Asbury Street and Finley Street from Cherry Street to University Avenue." Passed, adopted and approved thIs 18th day of February, A.D., 1966. :=X~~\.'l ~E~'T~~EAA~EfuL~vor RICHARD LUDWIG Councilmen Attest: Leo F. Frommelt City Clerk Published officIallY in the Telegraph- Herald Newspaper thIs 24th day Of Feb- ruary, 1966. LEO F. FROMMELT City Clerk 1 2124 Mayor Pregler moved adoption of the Ordinance. Seconded by Councilman McCauley. Carried by the following vote: Yeas - Mayor Pregler, Counc men Ludwig, McCauley. Nays Councilmen Schultz. ORDINANCE NO. 21-66 An Ordinance Amending Ordin- ance No. 33-49, as amended, known as the "Traffice Code of Dubuque, Iowa" by repealing Schedule I thereof and enacting a new Schedule I in lieu there. of to require, among other reo quirements, traffic to move southerly only in the alley lying between Asbury Street and Fin- ley Street from Cherry street to University avenue and to require traffic to move easterly only in the alley lying between Cherry Street and University Avenue and lying parallel thereto ex- tending from the easterly edge of said alley lying immediately west of Asbury street to Asbury street, Mayor Pregler moved that the rule requiring an Ordinance to be read on three separate days be waived. Seconded by Councilman McCauley. Carried by the following vote: Yeas - Mayor Pregler, Council men Ludwig, McCauley, Schultz. Nays - Councilman Pfohl. Special 84 Pfohl presented and read. Mayor Pregler moved that the reading just had be considered the i f. "". 87 1966 Session, February 18, Special 3,300.00 MAYOR M. SYlvester McCauley Merlin F. Schultz Eldon A. Pfohl Richard Ludwig COUNCILMEN ATTEST: Leo F. Frommel CITY CLERK Published officially in the 1966. 1t.2-24 day of FebruarY, Leo F. Frommelt City Clerk Seconded by Yeas - Mayor Pregler, Council- men Ludwig, McCaUley, Pfohl Schultz. Nays-None. Communication of City Solicitor Russo submitting a proposed Ordi. nance repealing Section 4 of Ordi- nance No. 40-65 regulating taxi- cabs, presented and read. Council- man Ludwig moved that the com- munication be received and filed Seconded by Mayor Pregler. Car ried by the fOllowing vote: Yeas - Mayor Pregler, Council, men Ludwig, McCauley, Pfohl Schultz. Nays-None. Schultz. Proofs of notices of pubilc hear- ing as sent by the City Clerk to interested parties to consider ap. plication for operation of addi- tional taxicabs in the City of Du- buqqe by Mr. Donald Krapf! of 996 Davis Street, presented and read. Councilman Ludwig moved that the proofs be received and filed. Seconded by Mayor Pregler. Car- ried by the following vote: Yeas - Mayor Pregler, Council men Ludwig, McCauley, Pfohl Schultz. Nays~None. Councilman Pfohl moved that the Council go into executive ses- sion. Seconded by Mayor Pregler. Carried by the follOWing vote: Yeas - Mayor Pregler, Council men Ludwig, McCaUley, Pfohl Schultz. Nays-None. Communication of Mrs. Norb. Leick stating that in her opinion the City is very much in need of another cab company, presented and read. Mayor Pregler moved that the communication be re- ceived and filed. Seconded by Councilman Ludwig. Carried by the following vote: 1 MUNICIPAL ENTERPRISE FUND-DOC!<S Item No. 153 A-Dock Operation - K. Track Repairs Item No. 153 C-Riverfront Improvement .J. Area "A" Develop.........contract Jobs & Programs 3,700.00 These appropriationioi~~IlM~i~~I~ f~~~r~hl:eun~~~~~bered cash balance ov~rOO~~~ above amount anticipated January 1, 1966. MUNICIPAL ENTERPRISE FUND-AIRPORT Item No. 157-Airport Development J. T.~Hanger 9,220.00 J-l-Architect Fees-Airport Imp. 9,000.00 Total Municipal Enterpnse--AirPOrt 18,220.00 This appropriation shall be paid from the unencumbered cash balance over and above amount anticipated January 1, 1966. RECREATION PARK GENERAL FUND Item No. 144--Park Improvement ~otrfn~~~r;~Nb~ ~Ig~~ C:~~rallmt'~~d' 4,620.00 4,620.00 This appropriation shall be paid from the unencumbered cash balance over and above amount anticipated January 1, 1966. RECREATION-RECREATION GENERAL FUND Item No. 146 J-Playground Improvement Mun. Swim Pool Repair 22,940.00 Paint Flora Pool Dressing Area 700.00 Develop. Weigand Play Area 3,500.00 Fence Gay Sf. Area 1,500.00 Total Recreation-Recreation General Fund 28,640.00 This appropriation shall be paid from the unencumbered cash balance over and above amount anticipated January 1, 1966. UTILITIES-STREET AND TRAFFIC LIGHTING Item No. IJ8-Program E. Paint Light Poles 5,000.00 E. Traffic Signals 16,500.00 Total Utilities Street & Traffic Lighting 21,500.00 This appropriation shall be paid from the unencumbered cash balance over and above amount anticipated January 1, 1966. Total additional appropriation for the expenditure of City Government of the City of Dubuque, Iowa for the fiscal year beginning January 1, 1966 and ending Decem- ber 31, 1966 Is $237,217.00 Passed upon first reading this 31st day of January, 1966. Passed, adopted and approved upon final reading this 18th day of February, 1966. Walter A. Pregler 18, 1966 ORDINANCE NO. 3-66 An Ordinance Amending the Budget as approved by Resolution No. 176-65 and Ordinance No. 1-66, Session, February Special 86 the Counci ood Excess Jan. 1,66 Unencumbered Balance Total 52,100.00 52,100.00 10,650.00 10,650.00 28,412.00 28,412.00 30,645.00 30,645.00 28,375.00 28,375.00 7.055.00 7.055.00 7,000.00 7,000.00 18,220.00 18,220.00 4,620.00 4,620.00 28,640.00 28,640.00 21,500.00 21,500.00 237,217.00 237,217.00 ORDINANCE No. 3-66 An Ordinance amending the budget as approved by Resolution Ordinance No. 1-66 Be if ordained by the City Council of the City of Dubuque: That the unexpended cash balances on hand at the close of the preceding fiscal year not estimated or appropriated in the original budget approved by Resolution No. 176-65 and Ordinance No. 1.66 are hereby allocated and appropriated for pay- ment of necessary expenditures of City Government, In the following amounts and for the purpOses as hereinafter set forth, and to that end the appropriations and allocations of funds are hereby authorized to-wit: RECEIPTS 176-65 said ordinance having been previously presented and read at meeting of January 31, 1966, presented for final adoption. No Fund General Fund Street Fund Street Road Use Tax Fund Public Safety Fund Sanitation Fund Municipal Enterprise Fund-Library Municipal Enterprise Fund-Docks Municipal Enterprise Fund-Airport Recreation-Park General Recreation-Recreation General Utilities-Sf. & Traffic Lighting 1,000.00 600.00 4,900.00 5,000.00 Quarters 15,000.00 3,100.00 5,000.00 EXPENDITURES GENERAL FUND Item No. 107-Urban Renewal Survey & Plannmg Item No. 109-City Engineer's OffIce E. EqUipment Item No. 114-City Buildings F. City Bldg.~Matrons Item No. 148-Miscellaneous C.J-13 Bldg. Demollflon Item No. 148--Misc. Unclassified C-J-] SpeCial Census C-J-7 Indust. Sign C.J.7 United Fund 23,100.00 17,500.00 balance 24th Mayor Pregler moved final adoption of the Ordinance. Councilman McCauley. Carried by the following vote: Yeas-Mayor Pregler, Councilmen Ludwig, McCauley, Pfohl Nays-None. 4,000.00 ,200.00 800.00 1,172.00 5,000.00 2,240.00 9,000.00 5,000.00 28,412.00 balance over and cash 8,000.00 2,645.00 20,000.00 30,645.00 cash balance over arid 900.00 ,500 this Telegraph-Herald Newspape 52,100.00 over and 10,650.00 over and Item No. 160-Caplfal Improvements C-R Community Renewal Total General Fund These appropriations shall be paid from the unencumbered above amount anticipated January 1, 1966. STREET FUND Item No. 1JJ-I-City Garage Bldg. Account Item No. 137-Sidewalk Program Totai Street Fund These appropriations shall be paid from the unencumbered and above the amount anticipated January L 1966. STREET ROAD USE TAX FUND Item No. 135-Street Construction J. Highway Entrance Item No. 13S~Street Construction A. Pub. Works Labor-Fengler Wall G. Material-Fengler Wall Item No. 135-Street Construction I. Contract Jobs & Programs Indian Hills-Hillcrest Univ. Ave. Repair Transportation Planning Item No. 135-Street Construction E. Traffic Signs-Bluff & Dodge Item No. 132-'fot~raft~~ef~~~weme Tax Fund These appropriations shall be paid from the unencumbered and above the amount anticipated January 1, 1966. PUBLIC SAFETY FUND Item No. 108---Personnel Survey Item No. 119 K-l Fire Station Development Architects Fee Item No. 119 K-2 Fire Station Development Purchase of Land Total Public Safety Fund rhese appropriations shall be paid from the unencumbered and above the amount anticipated January 1, 1966. SANITATION FUND Item No. 125-Health Dept. E. Equipment-Dictaphone Item No. 162-Municlpal Improvements J-2-A P. W. Salaries & Wages J-2-J-2 Contract Jobs & Programs Key Knolls Pipe Key Knolls Drain 6.550.00 4,100.00 balance cash cash 2,200.00 3,775.00 5,975.00 20,000.00 28,375.00 cash balance over and 2,555.00 4,500.00 7,055.00 balance over and Item No. 162 J-1 Reserve for Subdivision Jobs Subdivision Extensions Total Sanitation Fund These appropriations shall be paid from the unencumbered above amount anticipated January 1, 1966. MUNICIPAL ENTERPRISE FUND-LIBRARY Item No. 143--Library Improvement K-1 Consultant K-2 Architect Fee Total Municipal Enterprise-Library This appropriation shall be paid from the unencumbered above amount anticipated January 1, 1966. cash ;i$.....,,,,,,- II ,.,1 89 Communication of street Com- missioner Allen submitting a pro- posal for the construction of a new garage in the amount of $350,000. on newly acquired land between 9th Street and 11th Street recently purchased from the Gas Company, presented and read. Councilman McCauley moved that the communication be refered to Council for future deliberation. Seconded by Councilman Ludwig. Carried by the following vote: Yeas - Mayor Pregler, Council men Ludwig, McCauley, Pfohl Schultz. Nays-None. Mr. CIetus Allen addressed the Council relative to construction oi a new garage and facilities. February 18, 1966 To The Honorable Mayor And City Council Gentlemen: I am submitting to you a letter from Lester M. Harney, Chairman of the Airport Commission, a letter from J. L. Donoghue, Architect, along with the preliminary draw- ings and estimates of the Airport Terminal Building. I thought you might like to have these projects brought to your at- tention. Respectfully, Gilbert D. Chavenelle City Manager Mayor Pregler moved that the communication be referred to the Council for future deliberation. Seconded by Councilman Ludwig. Carried by the following vote: Yeas - Mayor Pregler, Council men Ludwig, McCauley, Pfohl Schultz. Nays-None. j I " !~; ! " , ~ Communication of Jane E. Jami- son, supporting the idea of a broad range of representation such as labor, business, finance etc. on the Human Relations Commission, presented and read. Mayor Pregler moved that the communication be received and filed. Seconded by Councilman McCauley. Carried by the following vote: -. Fire Chief Robert Dunphy ad- dressed the Council stressing the need for a new fire station at 9th street and also one in the Asbury Kennedy Road area. Communication of Library Board submitting a proposal in the amount of $1,500,000. for library expansion facilities and requesting the Council to authorize a refer- endum for the issuance of bonds, presented and read. Councilman McCauley moved that the commun- ication be referred to the Council for future deliberation. Seconded by Councilman Ludwig. Carried by the fOllowing vote: Yeas - Mayor Pregler, Council men Ludwig, McCauley, Pfohl Schultz. Nays-None. Rev. Karl tne Council brary Board. Communication of Playground & Recreation Commission submitting a proposal for indoor recreational facilities, requesting a bond refer. endum in the amount of $995,000., presented and read. Councilman McCauley moved that the communi- cation be referred to the Council fo future deliberation. Seconded by Councilman Schultz. Carried by the following vote: , ~ one. Recreation Director Richard Slat- tery addressed the Council in be- half of the Recreation Commission. Yeas - Mayor Pregler, Council men Ludwig, McCauley, Pfohl Schultz. Nays-N Special Session, February 18, 1966 addressed of the Li. Communication of Fire Chief Dunphy submitting plans and spec- ifications for the Fire Station De- velopment program, in the amount of $645,250. requesting top priority and a referendum presented and read. Councilman McCauley moved that the communication be refer- red to the Council for future de- liberation. Seconded by Council- man Ludwig. Caried by the follow- ing vote: Councilman Pfohl moved adop- tion of the Ordinance as amended. Seconded by Councilman Schultz. The vote on the motion was as fol- lows: Ye as Schultz. Nays - Mayor Pregler, Council men Ludwig, McCauley. Adoption of Ordinance failed for lack of majority. Pfohl Yeas - Mayor Pregler, Council men Ludwig, McCauley, Pfohl Schultz. Nays-Non Councilmen Schroeder in behalf ~ !~ ~; i , f l f . .~ Fehruary 18, 1966 A New Section 4 In Lieu There- of Providin~ For The Number Of Taxicab Operators Author- ized To Operate Taxicabs In the City of Dubuque, Iowa. NOW THEREFORE BE IT OR, DAr:~ED by the City Council of City of DubuqUf;, Iowa: Section 1. That Ordinance No. 10-65 be and the same is hereby amended by repealing Section 4 thcrof and enacting a new Section 4 in lieu thereof as follo\vs: "Scc).jon 4. That Section 20 of Or- din3-nce Ko. 33-57 be and the same is h2:::'eby repealed and a new Sec- tion 20 enacted in lieu thereof as ~ollows: Section 20. That the present taxi- cab operators UpOll making appli. cation in accordance y,ith Section 3 tEreel and paying the necessary fees \vithin 30 days from the date of adoplion of ULis Ordinance shall be authorized to operate taxicabs in the City of Dubuque as follO\vs: Name Number of Cabs Diamond Cab Company...... 1 Black & \Vhitc Cab Company.. 13 Veterans Radio Cab Company 8 Key City Cab Co. 10' Pa~-sed, adopted and approved this day of February. 1G66. City Clerk Cou1cilman Pfohl moved that the reading just had be considered the Lr3t reading of the Ordinance. Seconded by Councilman Schultz. Carried by the following vote: Yeas - lHayor Pregler, Council. men Ludwig, McCauley, Pfohl, Schultz. ::';avs-None. Councilman Pfohl moved that the rule requiring reading of an Ordimu:ce on three separate days be waived. Seconded by Mayor Pregler. Carried by the following vote: Yeas --- lVlayor Pregler, Council. Ludwig, McCauley, Pfohl Mayor Councilmen Attcst Session, Council 3egan Exer.utive Session At 9:00 P. M. Returned To Coun- cil Chamber At 10:25 P. M. Mr. Joseph Roscamp of 1405 Dodge St. owner of a building that 1\-1r. Krapfl would rent as a taxi headquarters stated that he thinks that J'ilr. Krapfl should be given an opportunity to operate a series of cabs in the City. Competition is a good factor. Mrs. Shaffer ad- dressed the Council objecting to some of the night drivers employed by the Black & \Vhite Cab Com- pany. No objection to th\-, perfor- mance and behavior of the daytime drivers. Mr. Rudolph Bellman of 674 \Vilson was of the opinion that competition for the present cab company would be of beneLt to the citizens of Dubuque and would enable them to get better service especially in inclement weather. Mr. Clair Haas of 653 Cleveland Ave. expressed himself by stating that if a man wants to go in busi- ness he should be given a chance. Mr. R. F. Sefzik of 430 Clark Stred and Mr. Herb Kiefer of Chestm;j: street both addressed the Council in favor of granting 1'lr. Krarfl a taxicab operators license. Mr. Er- nie Phillips of East Dubuque spoke ir~ rebuL:al to Mrs. Shaffer and r;.cnt~opcd the good points of Mr. Even's taxic::,b operation as an em- ployee of the Company for many years. i\ttorney Leo ]\lcCal'th::,' pre- sented an extensive plea and rea- sons why 1\lr. Krapfl should be granted a permit, wch as papllla- tion growth, additional travel dis- tance etc. Attorney Rebert M. Bertsch, as a representative of Mr. Even, stressed pubEc good, ne. cessity and convenience. Mayor Pregler moved that debate from the floor be closed. Seconded by Councilman Pfohl. CarrieJ by the following vote: Yeas - Mayor Pregler, Council- Ludwig, McCauley Pfohl Spccia ss lnen SchuHz. Nays-None men Schultz. l'\ays--Nonc. The following amendment to Or- dinance No. 40-65 \vas presented and read by inserting r-~Al\lE-Key City Cab Co. NUI\1BER OF CABS 10. ORDINANCE NO. 5.66 An Ordinance Amending Ord nance No. 40-65 By Repealing Section 4 Thereof And Enacting ';I'!I".""....,......... 91 Printed Council proceedings for the months of October and Novem- ber 1965 presented for approval. Councilman Pfohl moved that the proceedings be approved as print- ed. Seconded by Mayor Pregler. Carried by the following vote. Yeas - Mayor Pregler, Council- men LUdwig, McCauley, Pfohl Schultz. Nays-None. 18, 1966 At a regular meeting of the Du- buque City Planning and Zoning Commission held on February 17, 1966 the following action was taken That the petition of Leo Meyer et al requesting that Easement "E" in Block 1 of Bies Subdivision be named Kebbie Drive for indentifi- cation purposes so that addresses can be assigned to their proper- ties be approved subject to a deter- mination that this easement is ded- icated as a public street to enable the City of Dubuque to install the necessary improvements if, and when, it becomes necessary. Respectfully submitted, Dubuque City Planning and Zoning Commission Frank J. Glab, Secretary Councilman Ludwig moved that the recommendation be referred to the City Solicitor for proper pro. ceedings. Seconded by Mayor Pregler. Carried by the following vote: Yeas - Mayor Pregler, Council men LUdwig, McCauley, Pfohl Schultz. Nays-None. 1966 February To the Honorable Mayor and Members of the City Council 18, Gentlemen: At a regular meeting of the Du- buque Planning and Zoning Com- mission held on February 17, 1966 the following action was taken: That the petition submitted by Wm. C. Brown Company to annex approximately seven and one-half acres located south of Highway 20 and east of Brunskill Road known as Lot 1-1, Harwood Place in Sec- tion 27 of Dubuque Township, to Respecfully submitted, Gilbert D. Chavenelle City Manager Councilman Pfohl moved that the report be received and filed. Seconded by Councilman Ludwig. Carried by the following vote: Yeas - Mayor Pregler, Council. men Ludwig, McCauley, Pfohl, Schultz. Nays-None. ~ February To The Honorable Mayor and City Council Gentlemen Session, February 13, 1966 14, 1966 Gentlemen: I request that the City Clerk be authorized to sign City Papers dur. ing my absence, February 21st - 25th. The papers will mainly con- sist of payrolls, purchase orders :lnd warrants. Respectfully, Gilbert D. Chavenelle City Manager Councilman Ludwig moved that the request be granted. Seconded by Mayor Pregler. Carried by the following vote: Yeas - Mayor Pregler, Council men Ludwig, McCauley, Pfohl Schultz. Nays-None. Special February To The Honorable Mayor And City Council 15, 1966 Gentlemen: I submit to you the Report of the Airport Operations for the year 1J6j, submitted by the Dubuque Airport Commission, along with the Annual Report of the City Treasurer. Respectfully, Gilbert D. Chavenelle City Manager J\Tayor Pregler moved that the report be received and filed. Sec- onded by Councilman McCauley. Carried by the following vote: Yeas - Mayor Pregler, Council men Ludwig, McCauley, Pfohl Schultz. Nays-None. 1966 To The Honorable And City Council Gentlemen: I herewith submit the Annual Report of the Board of Adjustment of the Zoning Ordinance for the Fiscal Year 1965. 10, February February Mayor To The Honorable Mayor And City Council Yeas _ Mayor pregler, Council men Ludwig, McCauley, Pfohl Schultz. Nays-None. Communication of Playground and Recreation Commission sub- mitting a resolution recommend- ing and supporting the passage of an amendment to the subdivision ordinance providing for the pro- vision of parks, playgrounds and recreational areas in new subdiv- isions, presented and read. Council- man Pfohl moved that the commun- ication be referred to the Planning & Zoning Commission. Seconded by Councilman Ludwig. Carried by the following vote: Yeas _ Mayor Pregler, Council. men Ludwig, McCauley, Pfohl, Schultz. Nays-None. Communication of Playground and Recreation Commission su b- mitting a resolution recommending a policy reserving present unused and reclaimed river frontage for recreational leisure time uses by the public, presented and read. Councilman Pfohl moved that the communication be referred to the Dock Commission. Seconded by Councilman McCauley,. Carried by the following vote: Yeas _ Mayor pregler, Council Ludwig, McCauley, Pfohl men Schultz. Nays-None. Communication of Playground & Recreation Commission submit- ting a remodeling program over a three year period for the Munici- pal Swimming Pool at Eagle Point, presented and read. Councilman Pfohl moved that the program be approved and referred to the City Manager. Seconded by Mayor Pregler. Carried by the following vote: Yeas _ Mayor Pregler, Council- men Ludwig, McCauley, Pfohl, Schultz. Nays-None. Communication of Playground & Recreational Commission sub- mitting their annual report for 1965, presented and read. Council. man Ludwig moved that the report be received and filed. Seconded by Councilman Pfohl. Carried by the following vote: Yeas - Mayor Pregler, men Ludwig, McCauley, Schultz. Nays-None. 18, 1966 Session, February Yeas _ Mayor pregler, Council- men Ludwig, McCauley, Pfohl, Schultz. Nays-N one. Councilman Ludwig moved that the following named persons be ap- pointed to the Human Relations Commission to bring the committee to eighteen members . Reappoint- ments Mrs. Ralph Glenn, Mrs. Saul Greenstein, Rev. Anthony Sigwarth; New Members William Brown, Frank Hickey, William Woodward, Michael Klein, Maurice Remington; - Two of the new mem- bers to replace Rev. Charles Bix- by and Brendan Forrest. Seconded by Councilman McCauley. Carried by the following vote: Yeas _ Mayor Pregler, Council men Ludwig, McCauley, Pfohl Schultz. Nays-None. Copy of resolution adopted by the Park Board that in the future reclaimed land on the riverfront be set aside for future develop- ment of park and recreation areas, presented and read. Councilman Pfohl moved that the resolution be refered to the Dock Commission. Seconded by Councilman McCau- ley. Carried by the following vote: Yeas _ Mayor pregler, Council men Ludwig, McCauley, Pfohl Schultz. Nays-None. Copy of resolution adopted by the Park Board requesting that in all new subdivisions land be set aside for future park and recrea- tional uses, presented and read. Councilman Ludwig moved that the resolution be referred to the Coun- cil, City Manager and Planning & Zoning Commission. Seconded by Mayor Pregler. Carried by the fol. lowing vote: Yeas _ Mayor Pregler, Council. men Ludwig, McCauley, Pfohl Schultz. Nays-None. Special 90 Council Pfohl Communication of Iowa State De- partment of Health submitting a survey of the Municipal Sewage Treatment Plant and urging that the recommendations be given ser. ious consideration, presented and read. Councilman McCauley moved that the communication be referred to the Manager. Seconded by Coun~ cilman Schultz. Carried by the fol- lowing vote: . . 93 ical Corporation under a certain lease agreement dated the 20th day of November, 1962; and WHEREAS, Dubuque Tank Ter- minal Company operates the facili- ties of the Nitrogen Division of Al- lied Chemical Corporation for it by a certain agreement dated March 1, 1963; and WHEREAS, it is mutually bene. ficial to Helen M. Engstrom and Donald E. Engstrom and the Nitro~ gen Division of Allied Chemical Corporation and its operator, Du. buque Tank Terminal Company, to establish a 30 foot easement for roadway purposes along the North- erly 115 feet of the lot line be- tween the said parcels so as to permit ingress and egress to the said lots, all of which is agreeable to the City of Dubuque, Iowa. NOW THEREFORE, Be It solved by the City Council of of Dubuque, Iowa: Section 1. That the Grant of Easement by the City of Dubuque, Iowa to Helen M. Engstrom and Donald E. Engstrom, an easement for roadway purposes over and across the westerly 15 feet of Lot 1 of Chemical Subdivision in the City of Dubuque, Iowa, extending southerly along the westerly line of said lot 115 feet all as shown on the plat of said lots attached to and made a part of Grant of Ease. ment instrument, copy of which is hereto attached, be and the same is hereby approved. Section 3. Tbat the City Clerk be and he is hereby directed to publish notice of intent to dispose of interest in real estate as is by law provided. Passed, this 18th 1966. Walter ~ Re- City Session, February 18, 1966 "A", copies of which are hereto attached be and the same are here- by approved and the Mayor and City Clerk be and they are hereby authorized and directed to execute the same for and on behalf of City of Dubuque, Iowa. Section 3. That grant of ease- ment to Interstate Power Company designated as easement "A" and "B" and easement "A" on the re- spective atta,ched copies of said plat be and the same is hereby approved and the Mayor and City Clerk be and they are hereby authorized and directed to execute the same for and on behalf of City of Dubuque, Iowa. Section 4. That the City Clerk is hereby directed to file in the of- fice of the County Recorder in and for Dubuque County, Iowa the Deed of conveyance, plat of Ease- ment "A" and "B" and Easement "A" and a certified copy of this Resolution. Special Section 2. That the Planning & Zoning Commission of the City of Dubuque, Iowa has approved such Grant of Easement. adopted and approved day of February, A.D. A. Pregler Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. pfohl Richard Ludwig Councilmen Attest: Leo F. Frommelt City Clerk adopted and approved day of February, A.D. Attest: Leo F. Frommelt City Clerk Councilman Pfohl moved adop- tion of the resolution. Seconded by Councilman McCauley. Carried by the follOWing vote: Yeas - Mayor Pregler, Council men Ludwig, McCauley, Pfohl Schultz. Nays-None. RESOLUTION NO. 58-66 WHEREAS, Helen M. Engstrom and Donald E. Engstrom, are the owners of Lot 2 of Chemical Sub- division in the City of Dubuque, Iowa; and WHEREAS, the City of Dubuque, Iowa is the owner of Lot 1 of Chemical Subdivision in the City of Dubuque, Iowa; and WHEREAS, the City of Du- buque, through its Board of Dock Commissioners leased the said Lot 1 of Chemical Subdivision to the Nitrogen Division of Allied Chemw Walter A. Pregler Mayor M. Sylvester McCaUley Merlin F. Schultz Eldon A. pfohl Richard Ludwig Councilmen Passed, this 18th 1966. ~ .~. Street durmg construction in 1965. presented and read. Mayor Pregler moved that the notice be referred to the City Solicitor for investiga. tion and report. Seconded by Coun- cilman Schultz. Carried by the fol- lowing vote: Yeas - Mayor Pregler, Council- men Ludwig, McCauley, Pfohl, Schultz. Nays-None. Communication of Silliman, Gray & Stapleton, attorneys from Cedar Rapids praying for payment of one-half of the amount of judg- ment of $25,000 levied against the City and Marion Ryder, presented and read. Councilman Ludwig moved that the communication be referred to the City Solicitor for in- vestigation and report. Seconded by Councilman Pfohl. Carried by the following vote: Yeas _ Mayor Pregler, Council. men Ludwig, McCauley, Pfohl Schultz. Nays-None. RESOLUTION NO. 57-66 WHEREAS, City of Dubuque has agreed to purchase from Interstate Power Company the following de. scribed real estate Lot 2 of Suh. 01 Lot 2 of Lot 2 of Lot 1 01 Lot 1 01 Congres- sional Lot 8, and Lot 1 of Lot 2 of Lot 1 of Lot 1 of Lot 1 of all except westerly 100 feet of Out Lot 507, in the City of Du- buque, Iowa for the sum of Five Thousand Six Hundred ($5,600.00) Doiiars; and WHEREAS, Interstate Power Company has reserved easements in part of said real estate for fa- cilities located thereon. NOW THEREFORE Be 1t Re- solved by the City Council of City of Dubuque, Iowa: Section 1. That delivery of war- ranty deed by Interstate Power Company conveying the property hereinafter described is hereby ac- cepted which property is de- scribed as follows: Lot 2 of Sub. of Lot 2 of Lot 2 of Lot 1 of Lot 1 of Congres- sional Lot 8, and Lot 1 of Lot 2 of Lot 1 of Lot 1 of Lot 1 of all except westerly 100 feet of Out Lot 507, in the City of Du. buque, Iowa. Section 2. That the plat of ease. ments "A" and "E" and Easement Session, February 18, 1966 Respectfully submitted, Dubuque City Planning And Zoning Commission Frank J. Glab, Secretary Councilman Pfohl moved that the annexation be approved and the communication be referred to the City Solicitor for proper pro- ceedings. Seconded by Councilman Lud\vig. Carried by the following vote: Yeas - Mayor Pregler, Council men Ludwig, McCauley, Pfohl Schultz. Nays-None. the City of Dubuque be approved and forwarded to the City Council. Correspondence from Mr. Van R. Snyder which is attached to this letter indicates that several peti- tions and affidavits are needed to process this annexation through the Iowa Highway Commission as it will involve annexing a portion of Highway 20. Special 92 February 18, To the Honorable Mayor and Members of the City Council Gentlemen: At a regular meeting of the Du- buque City Planning and Zoning Commission held on February 17, 1966 the following action was taken: That the Annual Report of the Planning and Zoning Commission be approved and forwarded to the City Council in fulfillment of the legal requirement as set down in Ordinance No. 26-29 of the City of Dubuque. Extra copies of the Annual Rew port are attached so that individw ual Council members may have one for their files. Respectfully submitted, DUBUQUE CITY PLANNlNG AND ZONING COMM1SSlON Frank J. Glab, Secretary Councilman Pfohl moved that the report be received and filed. Seconded by Mayor Pregler. Car. ried by the following vote: Yeas - Mayor Pregler, Council- men Ludwig, McCauley, Pfohl, Schultz. Nays-None. Notice of Suit in the amount of $5000 by Raymond & Virginia Gross as the result of damage suf. fered to their property caused by backed-up sewers on West Locust 1966 ."; 95 the following named applicants a Liquor Permit. CLASS "C" COMMERCIAL ESTABLISHMENT Joan M. Felderman, 1046 Central Avenue (Effective March 1, 1966) Passed, adopted and approved this 18th day of February, 1966. Walter A. Pregler Mayor M. Sylvester McCauley Merlin F. Scbultz Eldon A. Pfohl Richard Ludwig Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pfohl moved adop- tion of the resolution. Seconded by Mayor Pregler. Carried by the fol- lowing vote: Yeas - Mayor Pregler, Council men Ludwig, McCauley, Pfohl Schultz. Nays-None. 1 There being no further business Mayor Pregler moved to adjourn. Seconded by Councilman Pfohl. Carried by the following vote: Yeas - Mayor Pregler, Council men Ludwig, McCauley, Pfohl Schultz. Nays-None. Leo F. Frommelt City Clerk Approved...... ........ ........... 1966 Adopted.................. ......... 1966 ............ ......."... Councilmen: ..........." ............ l............ Attest: ............................ City Clerk I ~ 1966 Special Session, February 18, the RESOLUTION NO. 62-66 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 lOWA LlQUOR CONTROL ACT- CHAPTER 123-as amended by the 60th General Assembly, 1963. CLASS "c" COMMERCIAL ESTABLISHMENT Joan M. Felderman, 1046 Central Avenue (Effective March 1, 1966) Passed, adopted and approved this 18th day of February, 1966. Walter A. Pregler Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. pfohl Richard Ludwig Councilmen Attest: Leo F. Frommelt City Clerk Councilman pfohl moved adop- tion of the resolution. Seconded by Mayor Pregler. Carried by the fol- lowing vote: by Mayor Pregler. Carried by following vote: Yeas - Mayor Pregler, CouncU. men Ludwig, McCauley, Pfobl Schultz. Nays-None. 18, 1966 CLASS "B" BEER PERMIT Joan M. Felderman, 1046 Central Avenue (Effective March 1, 1966) Passed, adopted and approved this 18th day of February, 1966. Walter A. Pregler Mayor M. Sylvester McCauley Merlin F. Schultz Eidon A. pfob1 Itichard Ludwig Councilmen Attest: Leo F. Frommelt City Clerk Councilman Ludwig moved adop- tion of the resolution. Seconded by Councilman Pfohl. Carried by the following vote: Yeas _ Mayor Pregler, Council. men Ludwig, McCauley, Pfohl Schultz. Nays-None. RESOLUTION NO. 61-66 .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 1t 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. Session, February Richard Street Joan M. Felderman, 1046 Central Avenue (Effective March 1, 1966) LeRoy Utzig, 2600 Dodge Street plaza 20 (Transfer from 802 Cen- tral Avenue) BE IT FURTHER RESOLVED that the bonds filed with the ap. plication be approved. passed, adopted and approved this 18th day of February, 1966. Walter A. Pregler Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Richard Ludwig Councilmen Jackson moved Second- Carried Council- pfohl, RESOLUTION NO. 59.66 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. J. Ring, 94 Councilman McCauley adoption of the resolution. ed by Councilman Ludwig. by the following vote: Yeas _ Mayor Pregler, men Ludwig, McCauley, Schultz. Nays-None. 2103 Special Yeas ---0 Mayor Pregler, Council men Ludwig, McCauley, Pfohl SchUltz. Nays-None. RESOLUTION NO. 63-66 WHEREAS, applications for liq- uor Permits were filed by the with- in named applicants and they have received the approval of this Coun- cil, and WHEREAS, the premises to be occupied by such applicants were inspected and found to comply with the State Law and all City ordinances relevant thereto and they bave filed proper bonds; NOW THEREFORE Be It Re- solved by the City Council of Du- buque, Iowa, that the Manager be authorized to cause to be issued to CLASS "B" BEER PERMIT Joan M. Felderman, 1046 Central Avenue (Effective March 1, 1966) 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 18th day of February, 1966. Walter A. Pregler Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Richard Ludwig Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pfohl moved adop- tion of the resolution. Seconded Attest: Leo F. Frommelt City Clerk Councilman Ludwig moved adop. tion of the resolution. Seconded by Councilman Pfohl. Carried by the following vote: Yeas _ Mayor Pregler, Council men Ludwig, McCauiey, Pfohl Schultz. Nays-None RESOLUTION NO. 60-66 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. -,.._'.-