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1966 May Council Proceedings ~ l ~ j ~ i ,~ ~ ;t 1 ~I~ ~ 1 , i;! j,' ~~-- r~ .",', ,-~ ~: '.;. r~ III -, - ~ ,l ~:~ I I 175 28, 1966 To the Honorable and City Council Gentlemen: I submit for your consideration a proposed contract with the firm Henningson, Durham and Richard- son, Inc. for a study and report of the Dubuque water system. In addition to the contract, I am enclosing for your information a Memorandum dated April 15th, a letter of Superintendent Hail, dated April 25th, and a letter from Mr. Reins to Mr. 'Hail dated April 18th. I recommend the proposed pro. gram and request authority to sign the contract. Respectfully, Gilbert D. Chavenelle City Manager Councilman Ludwig moved that the recommendation of the City Manager be approved. Seconded by Councilman Schultz. Carried by the following vote: Yeas - Mayor Pregler, cUmen Ludwig, McCaUley, Schultz. Nays-None. Coun- Pfohl, 1966 To the Honorable and City Council Gentlemen: I herewith submit the reports of the City Auditor, City Treasur- er and the Water Works for the month of March 1966, as well as a list of claims and payrolls for which warrants were issued for the month of March, 1966. Respectfully, GtIhert D. Chavenelle City Manager the Sec. Car- Coun- Pfohl, Proof of Publication, certified to by the Publisher, of Statement of Receipts and a list of claims for which warrants were issued during the month of March 1966, presented and read. Councilman Pfohl moved that the proof of publication be received and filed. Seconded by Mayor Pregler. Car- ried by the folloWing vote: April Mayor 27, Mayor Pregler moved that reports be received and filed. onded by Councilman Schultz. ried by the following vote: Yeas - Mayor Pregler, cHmen Ludwig, McCauley, Schultz. Nays-None. April Mayor Regular Session, May 2, 1966 CITY COUNCIL OFFICIAL Regular Session May 2, 1966. Council met at 7:30 P.M. (D.S.T.) Present - Mayor Pregler, Councilmen Ludwig, McCauley, Pfohl, Schultz. City Manager Gil. bert 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 acting upon such business as may prop- erly come before the meeting. Communication of American Le- gion endorsing the name of Joseph A. Carew to fill the present va- vancy on the City-County Author- ity due to the death of Wm. M. Clemens Sr., presented and read. Councilman McCaUley moved that the communication be referred to the Council. Seconded by Council. man Schultz. Carried by the fol- lowing vote: Yeas - Mayor Pregler, cilmen Ludwig, McCauley, Schultz. Nays-None. Coun- Pfohl, Communication of American Legion submitting resolution adop- ted hy their hOdy au AprtI 29, 1966, endorsing construction of City County building presented and read. Councilman Ludwig moved that the communication be re- ceived and filed. Seconded by Councilman McCauley. Carried by the following vote: Coun- Pfohl, Printed Council proceedings for the month of January 1966, pre- sented for approval. Councilman Pfohl moved that the Council proceedings for the month of Jan- uary 1966 be approved as printed. Seconded by Mayor Pregler. Car- ried by the following vote: Yeas - Mayor Pregler, cilmen Ludwig, McCauley, Schultz. Nays-None. Coun- Pfohl, Yeas cilmen Schultz. Nays-None - Mayor Pregler, Ludwig, McCauley, '< " . " ~ II 177 by the following vote: - Mayor Pregler, Coun- Ludwig, McCauley, Pfohl, Carried Yeas cHmen Schultz. Nays-None. Attorney Marshall Thomas ad- dressed the Council in behalf of Hillcrest Investment Inc. by stat- ing that denial of the rezoning of the Picardy Park No.2 subdivision is contrary to the view point of City Planner Clyde Cook. The Planning & Zoning Commission have not been consistent in their denial and opposition to the re- zoning. Excuses are not reasons as given by the Planning & Zon- ing Commission. It is a question of need and merit. A town house in this area will not detract from the values of the surrounding area. Attorney Hal Reynolds addressed the Council representing citizens opposed to the rezoning stated that this is the eleventh time and the fourth consecutive year that this particular piece of land has been denied rezoning. A town- house should not be in the cen- ter of the tract of land on the periphery. The developer should be told not to rezone to multiple clas- sification. I To the Honorable and City Council Gentlemen: At a special meeting of the Du- buque Planning and Zoning Com- mission held on April 25, 1966 the following action was taken: That the Commission recom- mend to the City Council that the petition of Dr. John Link and others to rezone 1000 feet of frontage on the west side of John F. Kennedy Road north of Pennsylvania Road from single family residential to Local Busi- ness "B" be denied on the basis that strip commercial develop- ment along this main arterial street would create traffic haz- ards; and further, the Commis- sion is attempting to cluster commercial uses to serve exist- ing and future neighborhoods. Respectfully submitted, Dubuque City Planning and Zoning Commission Frank J. Glab, Secretary Mayor Pregler moved that the recommendation of the Planning 26, 1966 April Mayor Regular Session, May 2, 1966 Adrian R. Kelley.. ........75.8% Robert R. Massey ..................71.7% Respectfully submitted, Gerard B. Noonan Chairman LeRoy H. Giles Commissioners Civil Service Commission Attest: Leo F. Frommelt Clerk Subscribed and sworn me this 2nd day of May Eugene J. Berens Notary Public Councilman Ludwig moved that the communication be received and made a matter of record. Sec- onded by Mayor Pregler. Carried by the following vote: Yeas - Mayor Pregler, cilmen Ludwig, McCauley, Schultz. Nays-None. to before 1966. Coun- Pfohl, April 26, To the Honorable Mayor and City Council Gentlemen: At a special meeting of the Du- buque Planning and Zoning Com- mission held on April 25, 1966 the following action was taken: That the Commission recom- mend to the City Council that the petition of Hillcrest Invest- ment Inc. to rezone lots 1 and 2 of Picardy Park No. 2 from single family to multiple family residential be denied on the bas- is that this area has developed as single family use since the date platted tn 1956 and that the character of the area would be adversely effected if high. density residential uses were al- lowe-d to develop. Respectfully suhmitted, Dubuque City Planning and Zoning Commission Frank J. Glab, Secretary Councilman McCauley moved that the recommendation of the Commission be approved. Second- ed by Mayor Pregler. Carried by the following vote: Yeas - Mayor Pregler, Coun- cilmen LUdwig, McCauley. Nays - Councilmen Pfohl, Schultz. Councilman Pfohl moved that the rules be suspended in order to let anyone present address the Council relative to Picardy Park. Seconded by Councilman Ludwig. 1966 May 2, 1966 Members K. Cheney ...........71 % Lyuch ..............................70% Respectfully submitted, Gerard B. Noonan Chairman LeRoy H. Giles Commissioners Civil Service Commission Coun- Pfohl, Regular Session, May 2, 1966 Yeas - Mayor Pregler, Council men Ludwig, McCauley, Pfohl Schultz. Nays-None. Honorable Mayor and of the City Council Gentlemen: In accordance with the provi- sions of the 1962 Code of Iowa, the Civil Service Commission con. ducted an entrance examination on April 14, 1966, for those seek- ing positions on the POLICE De. partment. The following named persons have passed both the written and physical examinations and their names are hereby certified for ap- pointment to the POLICE Depart. ment. James Lco J. Attest: Leo F. Frommelt Clerk Subscribed and sworn to before me this 2nd day of May 1966. Eugene J. Berens Notary Public Councilman Pfohl moved that the communication be received and made a matter of record. Sec- onded by Mayor Pregler. Carried hy the following vote: Yeas - Mayor Pregler, cHmen Ludwig, McCauley, Schultz. Nays-None. John R. Company Heitzman Construction Company, United Pacific Insurance Co. Richard Huseman & Louis Huse- man, Merchants Mutual Bonding Co. Joseph A. Becker DIEI A, Alhert Becker & Sons, General Insur- ance Co. of America John Byrne, Merchants Mutual Bonding Company Hillcrest Builders, Inc., Hawkeye- Security Insurance Company Vern Simon, Merchants Mutual Bonding Company Willy Construction Co., United Pa- cific Insurance Co. Respectfully, Gilbert D. Chavenelle City Manager Mayor Pregler moved that fil- ing of the bonds be approved sub- ject to the approval of the City Solicitor. Seconded by Councilman Ludwig. Carried by the following vote: Yeas - Mayor Pregler, Coun- cilmen Ludwig, McCauley, Pfohl, Schultz. Nays-None. Coun- Pfohl, 1966 Surety May 2, To the Honorable Mayor and City Council, Gentlemen: This is to advise that I have ap- proved the following bonds and desire to have your approval on same. 176 Yeas - Mayor Pregler, cilmen Ludwig, McCauley, Schultz. Nays-N SIDEWALK Altman, Western one. May 2, 1966 Honorable Mayor and Members of the City Council Gentlemen: In accordance with the provi- sions of the 1962 Code of Iowa, the Civil Service Commission con. ducted an entrance examination on April 14, 1966, for those seek- ing positions on the FIRE Depart- ment. The following named persons have passed both the written and physical examinations and their names are here by certified for ap- pointment to the FIRE Depart. ment. Rohert Joseph 1966 you the peti- for a street and Lincoln has been investi- recommended that street light be in- Respectfully, Gilbert D. Chavenelle City Manager Councilman Pfohl moved that the recommendation of the City Manager be approved. Seconded by Mayor Pregler. Carried by the following vote: May 2, To the Honorable Mayor and City Council Gentlemen: I am returning to tioD of Eldon Pust light at Hawthorne Streets. The location gated and it is a 4000 lumen stalled. , ill ~Iil !J~1 ! i I I. ................86.7% ................82.5% G. Ernster F. Huseman ""',.__......,;;.. iAA. fi ~ I -~ ;, I' ~U I ~; I~ .' i II "' f; 1~ ! :. . , ; ~ "1~ 179 of all obstructions presently in ex- istence put there by his neighbors, presented and read. Councilman Schultz moved that the petition be referred to the Manager. Seconded hy Mayor Pregler. Carried hy the following vote: Yeas - Mayor Pregler, cHmen LUdwig, McCauley, Schultz. Nays-None. Coun. Pfohl, Petition of Joseph Marshall re- questing permission to excavate in Indiana street (10 yr.) for sewer and water, presented and read. Mayor Pregler moved that the pe. tition be granted subject to the approval of the City Engineer. Sec. onded by Councilman McCauley. Carried by the following vote: Yeas - Mayor Pregler, cilmen Ludwig, McCauley, Schultz. Nays-None. Coun- Pfohl, Petition of Tony's Cafe, by Rob- ert Kehl, requesting permission to construct an eight foot aluminum canopy, tension rod supported, at 62 Locust Street, presented and read. Councilman Schultz moved that the petitiou he granted suh- ject to approval of the BUilding Department. Seconded by Council. mau Pfohl. Carried hy the follow. ing vote: Yeas - Mayor Pregler, cHmen Ludwig, McCauley, Schultz. Nays-None. Coun- Pfohl, Petition of Reilly Realty request- ing release of Subdivision bond on Green Acres Subdivision, present- ed and read. Councilman Ludwig moved that the petition be ap- proved subject to the approval of the City Solicitor and City Man- ager. Seconded by Mayor Pregler. Carried by the following vote: Yeas - Mayor Pregler, cilmen Ludwig, McCauley, Schultz. Nays-None. Coun. Pfohl, Petition of Edw. Roy Bartels re- questing rezoning of Lot 1 and Lot 3 in Sara S. & Edward R. Bar- tels Place at Center Grove in M.L. 243, Section 27, now in the City of DUbuque, presented and read. Councilman Schultz moved that the petition be referred to the Planning and Zoning Commission. Seconded hy Couucilmal! Ludwig. Regular Session, May 2, 1966 to be read on three separate days be waived. Seconded by Council- man Schultz. Carried by the fol- lowing vote: Yeas - Mayor Pregler, cilmen Ludwig, McCauley, Schultz. Nays-None. Coun- Pfohl, It.5/6 Councilman Schultz moved adop- tion of the Ordinance. Seconded by Mayor Pregler. Carried by the following vote: Yeas - Mayor Pregler, cilmen LUdwig, McCauley, Schultz. Nays-None. Coun- Pfohl, Petition of Robert Meyer et al requesting stop signs on Kauf- mann and Carter Road and a dead end sign to mark the Kane Court side of Kane street, presented and read. Mayor Pregler moved that the petition be referred to the City Manager and Traffic Depart- ment for investigation and report. Seconded by Councilman Schultz. Carried by the following vote: Yeas - Mayor Pregler, Council men Ludwig, McCauley, Pfohl Schultz. Nays-None. ORDINANCE NO. 25-605 ORDINANCE CHANGING THE NAME OF DAYKIN ROAD TO DAYKIN COUAI" NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF CITY OF DUBUQUE, IOWA; Section 1. That the name of DAYKIN ROAD be and the same is hereby chang- ed to DAYKIN COURT. Passed, adopted and approved this 2nd day of May, A.D., 1966. WALTER A. PREGLER, MaYor M. SYLVESTER McCAULEY MERLIN F. SCHULTZ ELDON A. PFOHL RICHARD LUDWIG Councilmen Atte' Leo F. Frommel" City Clerk Published Officially in The Telegraph- Herald Newspaper this 6th day of May ]966. LEO F. Petition of Robert Meyer et al requesting the installation of street lights on Carter Road, pre- sented and read. Mayor Pregler moved that the petition be re- ferred to the City Manager and Electrical Inspector for investiga- tion and report. Seconded by Coun- cilman Ludwig. Carried by the fol- lowing vote: Yeas - Mayor Pregler, cHmen Ludwig, McCauley, Schultz. Nays-None. FROMMELT, City Clerk. Coun- Pfohl, Petition of Herman G. Krause of 2365 Roosevelt St. requesting opening of the alley adjacent to his property by ordering removal ! , f&,' , 1 1966 an unspecified amount, for per- sonal injuries received in a fall on 22nd street between Washing- ton and Jackson St. on March 29, 1966, presented and read. Mayor Pregler moved that the notice of claim be referred to the City So. licitor for investigation and report. Seconded by Councilman McCau- ley. Carried by the following vote: Yeas - Mayor Pregler, Coun- cilmen Ludwig, McCauley, Pfohl, Schultz. Nays~None. Notice of claim of Mrs. Lloyd Gaber of Galena, Ill. in an unspeci- fied amount, for personal injuries received in a fall on Locust Street across from Rosheks, as the re- sult of gravel on the sidewalk, on March 2, 1966, presented and read. Mayor Pregler moved that the no. tice of claim be referred to the City Solicitor for investigation and report. Seconded by Councilman McCauley. Carried hy the follow. ing vote: Yeas - Mayor Pregler, Coun- cilmen Ludwig, McCauley, Pfohl, Schultz. Nays-None. Notice of suit by Lorraine B. Burke, in the amount of $3,713.65, for personal injuries received in a fall on 7th and Locust Street due to accumulation of ice and snow in the crosswalk on January 18, 1966, presented and read. Ma- yor Pregler moved that the no. tice of suit be referred to the City Solicitor for investigation and re- port. Seconded by Councilman Mc- Cauley. Carried by the following vote: Yeas - Mayor Pregler, Coun. cHmen Ludwig, McCauley, Pfohl, Schultz. Nays-None. ORDINANCE NO. 25-66 An Ordinance Changing the Name of Daykin Road to Day- kin Court, presented and read. Councilman Schultz moved that the reading just had be considered the first reading of the Ordinance. Seconded by Councilman Ludwig. Carried by the following vote: Yeas - Mayor Pregler, Coun- cilmen Ludwig, McCauley, Pfohl, Schultz. Nays-None. Councilman Schultz moved that the rule requiring an Ordinance Regular Session, May 2, & Zoning Commission be approved. Seconded by Councilman McCau- ley. Carried by the following vote: Yeas - Mayor Pregler, Coun- cilmen Ludwig, McCauley. Nays ~ Councilmen Pfohl, Schultz. Attorney Peter W. Klauer ad- dressed the Council in behalf of Dr. John Link by contending that the area owned by Dr. Link at the J. F. Kennedy and Pennsyl- vania Road was actually part of a shopping center planned in 1959 and taken into the City last year as a non conforming use. Dr. Link c- has shown an orderly development of the area by placing buildings there as considerable expense. He requested a ruling from the City Solicitor as to whether or not the land has a non-conforming use. May 2, 1966 Hon. Mayor & City Council Gentlemen: On April 15, 196G, a communi- cation was filed by certain inter- ested property owners objecting to the action by the Dubuque Board of Adjustment extending the business use on certain prop- erty fronting on University Ave. nue for the purpose of accommo- dating a drive-in thereat. I have reviewed the matter with the pertinent City Officials and I have learned that the drive-in could have been installed without the action of the Board of Adjust- ment as the property in question was zoned for such use. It is my understanding that the Board of Adjustment extended such use for a tract of an addi- tional fifty feet. In view of the foregoing I find that no further action is indicated or of any avail at this time from a legal standpoint. Respectfully yours, R. N. Russo City Attorney Councilman Ludwig moved that the communication be received and filed. Seconded by Mayor Pregler. Carried by the following vote: Yeas - Mayor Pregler, Coun- cilmen Ludwig, McCauley, Pfohl, Schultz. Nays-None. Notice of claim of Mrs. Grace Ryan of 2178% Central Ave., in 178 ._.,.!~,v'i"'.'.c,",. ~ I I I , ,I I '! 181 Councilman Ludwig moved adop- tion of the resolution. Seconded by Mayor Pregler. Carried by the following vote: Yeas - Mayor Pregler, cilmen Ludwig, McCauley, Schultz. Nays-None. RESOLUTION NO. Coun- Pfohl, opportunity to be heard for or against such proposal and which real estate is described as follows, to wit: Lot 5 and 6 of Lot 63 in Sau. ford's Subdivision and Lot 1 of Lot 1 of Lot 2 of Mineral Lot 313, all in the City of Duhuque, Dubuque County, Iowa, 21.66 WHEREAS, City Council of Du. WHEREAS, the Chicago, Bur. buque, Iowa, overruled any and all lington & Quincy Railroad Com- objections, oral or written, to the parry and City of Dubuque, Iowa, proposal to dispose of the interest have entered into an Agreement of the City of Dubuque, Iowa, in for pipe line across or along right- the above described real estate of-way effecting the fallowing de- to SACRED HEART CHURCH for scrihed real estate: the sum of Five Thousand Five Booth's Addition from Third Hundred ($5,500.00) Dollars plus Street to Fischer property, as costs of publication. outlined in red on Plan 113963-A. NOW TIIEREFORE Be It Re. WHEREAS, it is necessary that solved by the City Council of the the City of Dubuque, Iowa acquire City of Dubuque, Iowa: such right-of-way for the installa- Section 1. That the disposal of tion repair and maintenance of a the interest of City of DUbuque, nin~-inch water line. Iowa, in aud to the foilowing de. NOW THEREFORE Be It Re. scribed real estate; as set forth solved by the City Council of City hereinabove, to SACRED HEART of Dubuque, Iowa: CHURCH for the sum of Five Section 1. That the agreement Thousand Five Hundred ($5,500.00) for pipe line across or along right- Dollars plus costs of publication, of-way bearing date of April 20, be and the same is hereby ap- 1965, by and between Chicago, proved. Burlington & Quincy Railroad Com- Section 2. That the Mayor and pany and City of Dubuque, Iowa City Clerk are hereby authorized as effects the real estate herein- and directed to execute Quit Claim above described be and the same Deed of City of Dubuque, Iowa, is hereby approved. conveying to SACRED HEART Section 2. That the Mayor and CHURCH, all of its rights, title City Clerk be and they are hereby and interest in and to the real directed and authorized to execute estate hereinabove described, and said Agreement for and on behalf to deliver said Deed upon receipt of City of Dubuque, Iowa. of the purchase price of $5,500.00 Passed, adopted and approved and receipt of payment of costs this 2nd day of May, A.D., 1966. of publication. Walter A. Pregler Section 3. That the City Clerk Mayor be and he is hereby authorized M. Sylvester McCauley and directed to record a certified Merlin F. Schultz copy of this Resolution in the of- Eldon A. Pfohl fice of the Dubuque County Re- Richard Ludwig corder in and for DUbuque County, Councilmen Iowa, immediately after delivery Attest: of Deed to purchaser. Leo F. Frommelt Passed, adopted and approved City Clerk . this 2nd day of May, A.D., 1968. Mayor Pregler moved adoptIOn of Walter A. Pregler the resolution. Seconded by Coun Mayor cilman McCaule;y. Carried by the M. Sylvester McCauley following vote: . Merlin F. Schultz Yeas - Mayor Pregler, CouncIl- Eldon A. Pfohl meu Ludwig, McCauley, pfoW, Richard Ludwig Schultz. Councilmen Nays - None. RESOLUTION NO. 122.66. BE IT RESOLVED BY City Coun. cil of the City of Dubuque, Iowa, Regular Session, May 2, 1966 Attest: Leo F. Frommelt City Clerk Regular Session, May 2, 1966 the City of Dubuque, Iowa, in reg- ular session assembled on the 2nd day of May 1966, does hereby ex- press its sincere sympathy to the members of Mr. Lagen's family in their bereavement. BE IT FURTHER RESOLVED that a copy of this resolution be forwarded to Mr. Lagen's family. .. Walter A. Pregler Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. pfohl Richard LudwIg Councilmen 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, Coun- cilmen Ludwig, McCauley, Pfohl, Schultz. Nays-None. Proof of Publication, certified to by the Publisher, of notice of public hearing to consider pro- posal to dispose of Lots 5 and 6 of Lot 63 in Sanfords Subdivision and Lot 1 of 1 of 2 of Mineral Lot 313 to Sacred Heart Church, presented and read. No written objections were filed and no 'oral Objectors were present in the Council Chamber at the time set for the public hearing. Mayor Pregler moved that the proof of publication be received and filed. Seconded by Councilman Ludwig. Carried by the following vote: Yeas - Mayor Pregler, Coun- cilmen Ludwig, McCauley, Pfohl, Schultz. Nays-None. RESOLUTION NO. 120-66 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 April 6, 1966 and April 13, 1966, City Council of Dubuque, Iowa, met on the 2nd day of May, 1966, at 7:30 o'clock P.M. Daylight Sav. ing Time, in the City Council Chamher tn the City Hall, Du- buque, Iowa, to consider the pro- posal to dispose of certain real estate at which hearing all inter- ested persons were afforded an Coun- Pfohl, 119-66 WHEREAS, on the 13th day of April 1966, death hrought to a close the active life of Louis J. (Pat) Lageu, and WHEREAS, he took an active in- terest and part in the affairs of the Civil Service Commission of Dubuque, Iowa, and gave freely of his time since May 1, 1950, and WHEREAS, his passing will he sorely felt by the members of his family, his many friends and as- sociates. NOW TIIEREFORE BE IT RE. SOLVED that the City Council of 180 Carried by the following vote: Yeas - Mayor Pregler, Coun. cilmen Ludwig, McCauley, Pfohl, Schultz. Nays-None. Petitiou of V.F.W. Post 9663 re- questing permission to sell poppies au May 20th aud 21st, 1966, prc. sented and read. Councilman Mc- Cauley moved that the petition be referred to the Mayor and City Manager. Seconded by Councilman Ludwig. Carried by the following vote: Yeas - Mayor Pregler, Coun- cilmen Ludwig, McCauley, Pfohl, SChultz. Nays-None. Petition of Anderson Weber Inc. requesting permission to install flood light poles next to the curb instead of four feet back on Har- rison and Camp streets, presented and read. Councilman Schultz moved that the petition be ap- proved subject to the approval of City Solicitor. Carried by the following vote: Yeas _ Mayor Pregler, Coun- cilmen Ludwig, McCauley, Pfohl, Schultz. Nays-None. Petitiou of Little Cloud Girl Scout Council requesting permis- sion to conduct a motor driving safety day of May 21, 1966, to he called Little Cloud Safety Daisy Day, presented and read. Council- man Ludwig rr.oved that the peti- tion be referred to the Mayor and City Manager. Seconded by Mayor Pregler. Carried by the following vote: Yeas - Mayor Pregler, cilmen Ludwig, McCauley, Schultz. Nays-None. RESOLUTION NO. '.'OliI.,.,,;;p.-.,.,..c \. ~ Ii ~. :.: J.:;: (;~ ;': ~: ,~- .'1' \ ~' ~~ I f , r: I: 1, ~, " ~'" l ~ ~i ~~' '~" 4; ~ $':. 183 Attest: Leo F. Frommelt City Clerk Councilman Ludwig 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. 126.66 WHEREAS, applicatious 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 he occupied by such applicants were inspected and found to comply with the State Law and all City ordi~ Dances relevant thereto and they have filed proper bonds; NOW THEREFORE BE IT RE- SOLVED hy the City Couucil of Dubuque, Iowa, that the Manager be authorized to cause to be is- sued to the following named appli- cants a Liquor Permit. NAME, ADDRESS CLASS "c" COMMERCIAL ES. TABLISHMENT Charles R. Cushing, 1091 Main Street; Raymond Ney, 2186 Central Avenue. Passed, adopted and approved thts 2nd day of May, 1966. Walter A. Pregler Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Richard Ludwig Councilmen Attest: Leo F. Frommelt Ctty 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. 127-66 Purpose of which is to place on the ballot, before the electorate of the City of Dubuque, the question- "Shali the City of Duhuque have Federal Urban Renewal Project No.1." This referendum to be of an advisory nature. WHEREAS the taxpayers of Du- Regular Session, May 2, 1966 lein, 450 West Locust Street; Her- hert Blspiug, 1401 Elm Street; Charles R. Cushing, 1091 Main Street; Donld C. Sharpe, M.D., Du- buque Yacht Basin; Harry Gantert, 1301 Rhomberg Avenue; Raymond Ney, 2186 Central Avenue. CLASS "C" BEER PERMIT Carl Chalder, 101 West 5th Street; Carl Van Duelman, 590 Clarke Drive. BE IT FURTHER RESOLVED that the bonds filed by such appli- cants be and the same are hereby approved. Passed,adopted and approved this 2nd day of May, 1966. Walter A. Pregler Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Richard Ludwig Councilmen ,iii iii '1 ~ 'i , , ~ ~ I ~ 1 ' Attest: Leo F. Frommelt City Clerk Mayor Pregler moved adoption of the resolution. Seconded by Council- man McCauley. Carried by the fol. lowing vote: Yeas - Mayor Pregler, Council- men Ludwig, McCauley, Pfohl, Schultz. Nays - None. RESOLUTION NO. 125.66. 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 hy the Ctty Council of the City of Duhuque, Iowa, that the fol- lowing applications be granted and li~nses issued upon the compliance wtth the terms of the lOW A LIQ- UOR CONTROL ACT - CHAPTER -123-as amended hy the 60th General assembly, 1963. NAME, ADDRESS. CLASS "c" COMMERCIAL ESTABLISHMENT Charles R. Cushing, 1091 Main Street; Raymond Ney, 2186 Ceutral A venue. Passed, adopted and approved this 2ud day of May, 1966. Walter A. Pregler Mayor M. Sylvester McCauley Merliu F. Schultz Eldou A. Pfohl Richard Ludwig Councilmen Regular Session, May 2, 1966 Basin; Harry Gantert, 1301 Rhorn- berg Avenue; Raymond Ney, 2186 Central Avenue. CLASS "C" BEER PERMIT Carl Chalder, 101 West 5th Street; Carl Van Duelman, 590 Clarke Drive. Passed, adopted and approved this 2nd day of May, 1966. Walter A. Pregler Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfhol Richard Ludwig Councilmen Attest: Leo F. Frommelt CIty Clerk Mayor Pregler moved adoption of the resolution. Seconded by Council. man McCauley. Carried by the fol- lowing vote: Yeas - Mayor Pregler, Council Ludwig, McCauley, Pfohl men Schultz. Nays - None. RESOLUTION NO. 124-66 WHEREAS, applications for Beer Permits were filed by the within named applicants and they have re. ceived the approval of this Council; AND WHEREAS, the premises to be occupied by such applicants were inspected and found to comply with the ordinances of this City and they have filed proper bonds: NOW THEREFORE, BE IT RE- SOLVED hy 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 aplicants a Beer Permit. NAME, ADDRESS. CLASS "B" BEER PERMIT PRIVATE CLUB Dubuque Metal Trades Council Cluh, 111 West 6th Street; Kuights of Columbus, 781 Locust Street. CLASS "B" BEER PERMIT Kathleen Wedig, 399 East 20th Street; Karl H. Oleson, 1701 Asbury Street; Harriet Bush, 700 East 16th Street; Merlyn L. Weher, 1904 Cen- tral Avenue; John B. Burgmaier, 2401 Windsor Avenue; Vernon Leo Meyer, 530 East 22nd Street; Fred Ansel, 1100 Lincoln Avenue; Marco Giunta, 2022 Central Avenue. Mrs. Denise M. O'Neill, 55 Lo- cust Street; Pete Sfikas & Gust Karigan, 401-405 Central Avenue; Dubuque Sports Bowl, Inc., East 16th Street Ext., Richard N. Steck- that the following having complied with the provisions of law relating to the sale of Cigarettes within the City of Duhuque, Iowa, he granted a permit to sell Cigarettes and Cig- arette Papers within said City. NAME, Nelson Norwood, AD- DRESS, Buuker Hill Golf Cluh. BE IT FURTHER RESOLVED that the hands filed with the appli- cation be approved. Passed, adopted and approved this 2ud of May, 1966. Walter A. Pregler Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Richard Ludwig Councilmen 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. RESOLUTION NO. 123.66 WHEREAS, applications for Beer Permits have been submitted to this Council for approval and the same ave been examined: NOW THERE- FORE, BE IT RESOLVED hy 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, ADDRESS CLASS "B" BEER PERMIT PRIVATE CLUB Dubuque Metal Trades Council Cluh, III West 6th Street; Knights of Columbus, 781 Locust Street. CLASS "B" BEER PERMIT Kathleen Wedig, 399 East 20th Street; Karl H. Oleson, 1701 Asbury Street; Harriet Bush, 700 East 16th Street; Merlyn L. Weber; 1904 Cen- tral Avenue; John B. Burgmaier, 2401 Windsor Avenue; Veroon Leo Meyer, 530 East 22nd Street; Fred Ansel, 1100 Lincoln Avenue; Marco Giunta, 2022 Central Avenue; Mrs. Denise O'Neill, 55 Locust Street. Pete Stikas & Gust Karigan, 401. 405 Central Avenue; Dubuque Sports Bowl, Inc., East 16th Street Ex!.; Richard N. Stecklein, 450 West Locust Street; Herbert Bisp- ing, 1401 Elm Street; Charles R. Cushing, 1091 Main Street; Donald M. Sharpe, M.D., Duhuque Yacht 182 1Jt.,t/:!....",.- ~ w; . } fe 1.: ~. I i1 I.. . ' ': :! .i i :: I~ ,y :'ij ~ " 185 Councilman Ludwig moved that the proof of publication be received and filed. Seconded by Councilman Pfohl. Carried hy the following vote: Yeas - Mayor Pregler, Council- men Ludwig, McCauley, Pfohl, Schultz. Nays-None. Statement of City Clerk certify- ing that notices of proposed assess- ment were mailed on May 3, 1966, by certified mail, to property owners of record according to the books of the County Auditor subject to payment for the construction of CITY OF DUBUQUE 1966 CON. CRETE CURB & GUTTER PRO. JECT NO.1, presented and read. CDuncilman Pfohl moved that the statement 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. Mayor Pregler moved that the rules be suspended to allow any- one present address the Council if they so desire. Seconded by Coun- cilman Pfohl. Carried by the fol- lowing vote: Yeas - Mayor Pregler, Council- men Ludwig, McCauley, Pfohl, Schultz. Nays-None. Mr. J. E. Leveille, representative of Super Gro Products Co. made inquiry as to the widening of Iowa street between First and Second street showing concern as to the elimination of loading and unload- ing facilities at his seed ware- houses. Mr. Alfred Hammerand of 3333 Daykin Court inquired about the location of curb & gutter on John F. Kennedy Road. Mr. Vin- cent Schmitt made inquiry as to the grade to property lines in the construction of curb and gutter on University avenue. Mrs. Kulling made inquiry as to the replace- ment of the bridge on University Avenue. City Engineer John White answered all inquiries satisfactorily by showing just exactly what is proposed to be done. Decision of Council upon obiec. tions to plans, specifications, form of contract and cost of im- provements. RESOLUTION NO. 128.66 WHEREAS, proposed plans and specifications and form of con. Session, May 23, 1966 966. Met at CST). Present-Mayor Pregler, Council. men Ludwig, McCauley, Pfohl, Schultz. City Manager Gilbert D. Chavenelle. CITY COUNCIL 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 public hearing on the resolutions of necessity on CITY OF DUBUQUE 1966 CONCRETE CURB & GUTTER PROJECT NO. 1 - CITY OF DUBUQUE 1966 BI. TUMINOUS CONCRETE PAVING PROJECT NO.1. CITY OF DU. BUQUE 1966 HOT MIX.HOT LAID ASPHALTIC CONCRETE PAVING PROJECT NO.1. CITY OF DU. BUQUE 1966 CONCRETE PAVING WITH INTEGRAL CURB PRO. JECT NO.1, and acting au auy other business which may pro- perly come before a regular meet- ing of the City Council. Proof of Publication, certified to by the Publisher, of notice of public hearing on Pendency of Resolution of Necessity for public improvements, proposed plans, specifications, form of contract and cost for the construction of CITY OF DUBUQUE 1966 CONCRETE CURB & GUTTER PROJECT NO. 1 on the following named streets: 1. Asbury Street-University Ave- nue to the S.P.L. of Lot 3 of Scbueler's Sub. on the west side only. 2. Ethel Street from the W.P.L. of Block 15 of Steger Heights to the E.P .L. of University Avenue. 3. Iowa Street from the S.P.L. of 2ud Street to the S.P.1.. of First Street. 4. John F. Kennedy Road from the S.P.L. of Pennsylvania Avenue to the N.P.L. of U.S. Highway 20. 5. Shiras Avenue from the end of the existing paving at the Old Corporation Line to the pillars at the Eagle Point Park exit. 6. University Avenue from the S.P .L. of Van Buren Street to the N.P.L. of U.S. Htghway 20. presented and read. Special OFFICIAL) Session, May 23, 7:30 P.M. Specia Counc Regular Session, May 2, 1966 Renewal and its possible effects on the tax burden to the two million dollar bond issue for the purchase and development of the Industrial island. Mr. Heury Kellogg of 25';2 W. 8th Street made an appeal to the Council for the establishment of a children's playground, in the south end of the city below fourth street, to take the place of the Rafferty playground site now occupied by Sears. There being no further business Mayor Pregler moved to adjourn. Leo Frommelt City Clerk 1966 1966 City Clerk [ l Councilmen Approved. Adopted. Attest 184 buque will experience higher prop~ erty taxes because of Federal Ur~ ban Renewal Project No. 1. THEREFORE, Be It Resolved that at the next general, munici- pal, or special election the ques- tiou of "Shall the City of Du. buque have Federal Urban Re- newal Project No. 1." be placed on the ballot for an advisory de- termination by the electorate. Date submitted by Councilman Eldon A. Pfohl. May 2, 1966. Date approved Councilman Pfohl moved adop- tion of the resolution. Seconded by Councilman Schultz. Vote on the motion was as follows: Yeas - Councilmen Pfohl, Schultz. Nays - Mayor Pregler, Council- men Ludwig, McCaule;y. Adoption of the resolution failed for lack of a majority. Councilman Pfohl moved for sus- pension of the rules on the Urban Renewal idea in order to let any- one 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. Al Weitz of 2999 Burden Ave. appealed to the Council to vote for the resolution on Urban Renewal as presented by Councilman Pfohl. Mr. R. F. Sefzik spoke about tax reduction and compared Urban ..-..-.;jo. " \ , ' ?:'~ ~~,1 ~ 1:* ' ~;,: ,. :1 ~ ~ I ~ i ;i~ ~ f - I :~ , " ~ i '" , ;< i' '1' i; ~ ~: f'" " \~ ;,c' 187 RECORD OF FINAL ADOPTION Walter A. Pregler Mayor M. Sylvester McCauley Merliu F. Schultz Eldou A. Pfohl Richard Ludwig Councilmen Attest: Leo F. Frommelt City Clerk Councilman Ludwig moved adop- tion of the resoultion. Seconded by Councilman Plohl. Carried by the following vote: Yeas - Mayor Pregler, Council- men LudwIg, McCauley, Pfohl, Schultz. Nays - None. RESOLUTION NO. 129.66 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE that pursuant to a resolution of necessity No. 103-66 which was duly passed hy this Council, for the construction of CITY OF DUBUQUE 1966 CON- CRETE CURB & GUTTER PRO. JECT NO.1 on the following named streets: 1. Asbury Street - University Avenue to the S.P.L. of Lot 5 of Schuelers' Sub on the West Side only. 2. Ethel Street-from the W.P.L. of Block 15 of Steger Hetghts to the E.P.L. of University Avenue. 3. Iowa Street - from the S.P .L. of 2nd Street to the S.P.L. of First Street. 4. John F. Kennedy Road - from the S. P. L. of Pennsylvania Ave. uue to the N.P.L. of U.S. HIghway 20. 5. Shiras Avenue - from the end of the existing paving at the Old Corporation Line to the Pillars at the Eagle Point Park exit. 6. University A venue - from the S.P.L. of Van Buren Street to the N.P.L. of U.S. Highway 20. be and the same are hereby or. dered and constructed hy this Council upon its own motion and with or without the petition of property owners. All the work shall be constructed in accordance with the plans and specifications here. tofore 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 pa,id for Session, May 23, 1966 University A venue - from the S.P.L. to the S. P .L. of 4. John F. Kennedy Road-from the S.P.L. of Pennsylvania Avenue to the N.P.L. of U.S. HIghway 20. 5. Shiras Avenue-from the end of the existing paving at the Old Corporation Line to the Pillars at the Eagle Point Park exit. 6. University Avenue-from the S.P.L. of Van Buren Street to the N.P.L. of U.S. HIghway 20. BE IT THEREFORE RE- SOLVED that the City Council on its own motion or upon petition of propert yawners, deems it advis- able and necessary for the public welfare to make the herein men- tioned improvement, and unless property owners at the time of the final consideration 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 objections thereto. Said improvements shall be con- structed and done in accordance with the plans and specifications which have been prepared there- fore by the City Engineer which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said improve- ment will be assessed upon and against all privately owned prop- erty lying withhin assessable dis- tance provided by law and in an amount not to exceed the amount provided by law, property will be assessed whether the same abuts thereon or is adjacent thereto ac- cording to area and in proportion to the special benefits conferred thereby, and any deficiency shall be paid out of the fund. Bonds shall be issued and sold in anticipation of deferred payments of assess- ments 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 placed au file with the Ctty Clerk this 18th day of April, 1966. Special the E.P.L. of 3. Iowa Street of 2nd Street First Street. ~ 1966 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 im. provement. Passed, adopted and approved thIs 23rd day of May, 1966. Walter A. Pregler Mayor M. Sylvester McCauley Merliu F. Schultz Eldon A. Pfohl Richard Ludwig Councilmen Attest: Leo F. Frommelt CIty Clerk Councilman Ludwig tion of the resolution. Councilman Schultz. the following vote: Yeas - Mayor Pregler, Council. men Ludwig, McCauley, Pfohl, Schultz. Nays-None. Necessity for Improvement RESOLUTION NO. 103-66 Whereas, proposed plans, specifi- cations, form of contract, plat and schedule have been duly prepared and approved by the City Council of the Gity of Dubuque and are now on file in the office of the City Clerk showing among other things the following: 1. The assessment limits of each street to be improved. 2. The streets to be improved. 3. The width of such improve- ment, and the size and kind of sewers. 4. Each lot proposed to be assessed together with a valuation fixed by the council. 5. 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. 6. In each case the amount there- of which is estimated to be assess- ed against each lot, for the City of Dubuque 1966 Concrete Curb and Gutter project No. 1 on the following named streets: 1. Asbury Street-University Ave- nue to the S.P.L. of Lot 5 of Schuelers' Sub on the West Side only. 2. Ethel Street-from the W.P.L. of Block 15 of Steger Heights to moved adop- Seconded hy Carried by Special Session, May 23, tract for the construction of CITY OF DUBUQUE 1966 CONCRETE CURB & GUTTER PROJECT NO. t on the following named streets: 1. Asbury Street-University Ave- nue to the S.P.L. of Lot 5 of Schuelers' Sub on the West Side only. 2. Ethel Street-from the W.P.L. of Block 15 of Steger Heights to the E.P.L. of University Avenue. 3. Iowa Street-from the S.P .L. of 2nd Street to the S.P.L. of First Street. 4. John F. Kennedy Road-from the S.P .L. of Pennsylvania Avenue to the N.P.L. of U.s. Highway 20. '"" 5. Shiras Avenue-from the end of the existing paving at the Old Corporation Line to the Pillars at the Eagle Point Park exit. 6. University A venue-from the S.P.L. of Van Buren Street to the N.P .L. of U.S. Highway 20. have been approved by the City Council of the City of Dubuque and public notice given as provided by Chapter 23 of the Code of Iowa, 1962, pertaining to public contracts and bonds, and the time and place fixed for the hearing of all object. ions to said plans, specifications or contract for or cost of such im- provements, said time being this 23rd day of May, 1966; aud WHEREAS, the City 0lUucil met in special session this 23rd day of May, 1966, at 7:30 o'clock P.M. at the Council Chambers in the City Hall for the purpose of hearing all interested parties and considering any and all objections which have been filed to the proposed plans, specifications 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 IT RESOLVED hy the City Council of the City of Dubuque, that all objections which have been made and filed to the plans, specifications, contract for or cost of said improvement herein des. cribed and proposed to be made, be and the same hereby overruled and such plans, specifications and form of contract heretofore ap- proved are hereby adopted. BE IT FURTHER RESOLVED 186 ..-liIlo,-4;'..."... :r.: ~' !i{ ~ :x ~ " :f r .., , 14. L n ~i;. , I i ! J ! ;' ., i ~ :! ~: ~: ~j ! ~. 1j , ! " } j: 11~ J!~ii iii' ~!~ii ;,Iii:i 189 also objecting to presented and provements, and the exorbitant cost, read. Councilman Ludwig moved that the petition be received and filed. Seconded by Councilman McCau- ley. Carried by the following vote: Yeas - Mayor Pregler, Council- men Ludwig, McCauley, Pfohl, Schultz. Nays - None. Petition of Clifford Healey et al Objecting to the proposed surfac- ing of West Fifth Street in the 900 block, in front of their property, because in their opinion it is not necessary, presented and read. Councilman Ludwig moved that the petition be received and filed. Seconded by Councilman McCauley. Carried by the following vote: Yeas - Mayor Pregler, Cound men Ludwig, McCauley, Pfoh: Schultz of Dubuque Golf & Country Club et al objecting to the proposed paving of Randall Place because the street is in such con- dition that it can be repaired satis- factorily, presented and read. Councilman Ludwig moved that the petition be received and filed. Seconded by Councilman McCau- ley. Carried by the following vote: Yeas - Mayor Pregler, Council- Ludwig, McCaulcy, Pfohl, meu Schultz. Nays - None. Mr. Ralph Kremer of 1496 Dodge 8t. and Clarence Sed brook of 40 S. Booth Street made oral objec- tions to the surfacing of Booth Street. Ed Ahlers 2402 Queen, Wm. Dare of 2310 Queen objected to the resurfacing of E. 24th Street. Mr. Frank Murray objected to the pro- posed resurfacing of Langworthy. Mr. Irv. Oeth of 489 S. Grandview objected to the proposed resurfac- ing of Randall Place. Mr. Edwin Sahers of 1023 W. 5th St. Mr. Roh- ert Lakcmau of 1244 W. 5th St., W. L. Chilton of 1180 W. 5th St., and Jerry Coates of 1204 W. 5th St. voiced oral objections to the proposed paving of W. 5th Street. Councilman Ludwig moved that all objections to the 1966 Bitumi- Session, May 23, 1966 Nays-None. Petition Carried by Councilman McCauley. the following vote: Yeas - Mayor Pregler, men Ludwig, McCauley, Schultz. Nays - None. Communications of Susan A. Campbell objecting to the pro- posed paving of Langworthy Ave- nue on the grounds of hardships, presented and read. Councilman Ludwig moved that the communi- cation 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. Petition of F. A. Ames et al re- questing delay of surfacing Lang- worthy avenue from James street to Alpine Street due to the pro- posed building of Mercy Hospital which could cause. heavy truck traffic, presented and read. Coun- cilman Ludwig moved that the Pe- tition be received and filed. Sec- onded by Councilman McCauley. Carried by the following vote: Yeas - Mayor Pregler, Council. men Ludwig, McCauley, Piohl of Titus B. Schmid questioning the advisability of paving Langworthy avenue at this time due to the possible truck traffic that will be generated in the proposed construction of Mercy Hospital, presented and read. Coun- cilman Ludwig moved that the communication be received and filed. Seconded by Councilman Mc- Cauley. Carried by the following vote: Yeas Council Pfohl - Mayor Pregler, Council men Ludwig, McCauley, Pfohl Schultz. Nays - None. Petition of Mrs. Anna B. Dean et al (67 siguatures) ohjecting to the proposed paving of W. 5th Street from Delhi to Hill Street because the paving is in direct contra- diction of the wishes of our Fed- eral government who in their ef- fort to hold down the threat of inflation have asked the states and cities to postpone all public im- Special Schultz. Nays-None. Communication al 1. Alley - Between Central Ave- nue & White Street from 12th to 13th Streets. 2. Booth Street-from the S.P.L. of Dodge Street to the N.P.L. of S. Grandview A venue. 3. E. 24th Street - from the E.P.L. of Central Avenue to the W.P.L. of Windsor Avenue. 4. Ethel Street-from the W.P.L. of Block 15 Steger Heights to the E.P .L. of University. 5. Flora Park - from Pennsyl- vania Ave. to swimming pool serv- ice entrance, and parking area from Green Street to Pennsylvania Avenue. 6. Jefferson Street - from the W.P.L. of Olive Street to the E.P.L. of Walnut Street. 7. Langworthy Street-from the E.P.L. of Alpine Street to the W.P.L. of James Street. 8. Olive Street-from the S.P.L. of W. 11th Street to the S.P.L. of Jefferson Street. 9. Randall Place-from the S.P .L. of S. Grandview Avenue to the South end of the Street. 10. Shiras Avenue-from the end of the existing paving at the Old Corporation Line to the Pillars of the Eagle Point Park Exit. 11. Southern Avenue-from the S.P.L. of Grandview Avenue to the S.P .L. of Lot 1 of Block 9 of In. dian Hills. 12. W. 5th Strect-from the E.P. L. of Delhi Street to the W.P.L. of Hill Street. presented and read. Councilman Ludwig moved that the proof of publication 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. Statement of City Clerk certifying that notices of proposed assess- ment were mailed on May 3, 1966, by certified mail, to property own- ers of record according to the books of the County Auditor, sub- ject to payment of assessment to pay for the construction of City of Dubuque 1966 Bituminous Con- crete Paving Project No.1, pre- sented and read. Mayor Pregler moved that the statement be re- ceived and filed. Seconded by Session, May 23, 1966 NO. 1 on the following named Icy and streets Councilman Pfohl moved adop- tion of the resolution. Seconded by Mayor Pregler. Carried by the fol- lowing vote: Yeas - Mayor Pregler, Council. Ludwig, McCauley, Prahl - None. Proof of Publication, certified to by the Publisher, of notice of pub- lic hearing on resolution of neces- sity for public improvements and hearing upon proposed plans spe- cifications, form of contract, cost for the construction of CITY OF DUBUQUE 1966 BITUMINOUS CONCRETE PAVING PROJECT IT FURTHER RESOLVED this resolution being deemed urgent and of immediate necessity shall be in force and effect from and after its passage and adoption by t.he City Council. Passed, adopted and approved this 23rd day May, 1966. Walter A. Pregler Mayor M. Sylvester McCaule~! Merlin F. Schultz Eldou A. Pfohl Richard Ludwig Councilmen by levying special assessments against the privately owned prop- erty lying within the assessable distance from the improvements, whether such property abut upon the same or are adjacent thereto, according to the area thereof and in proportion to the special bene- fits conferred, and any deficienc;y will be paid out of the street funds of the city. Payment will be made to the contractor out of funds realized from the sale of Street Improvement Bonds to be issued in anticipation of deferred payments of assessments as provided by law after the work has-been completed .- and accepted by the City Council. BE IT FURTHER RESOLVED that the City Clerk he and he is hereby ordered and directed to ad- vertise for proposals for the con- struction of the various improve- ments herein provided for in the manner provided by law, the said improvements shall be completed on or before 90 days after notice to proceed has been issued. BE that Special Attest: Leo F. Frommelt City Clerk meu Schultz. Nays 188 '''.-*,<.~y .J I :1 ., ,;j';~ ~ - - /' ~ I', ::t.'~ 1I1 ::, ~$ H~ ",ii' I 191 the South end of the Street. 10. Shiras Avenue-from the end of the existing paving at the Old Corporation Line to the Pillars at the Eagle Point Park Exit. 11. Southern Avenue - from the S.P.L. of Grandview Avenue to the S.P.L. of Lot 1 of Block 9 of 10- dian Hills. 12. W. 5th Street-from the E.P.L of Delht Street to the W.P.L. of Hili Street. Be It Therefore Resolved that the City Council on its own motion or upon petition of property own- ers, deems it advisable and nec~ essary 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 res- olution have on file with the City Clerk objections to the amount of the proposed assessments, they shall be deemed to have waived all objections thereto. Said improvement 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 east and expense of making said improve- ment will be assessed upon and against all privately owned prop- erty lying within assessable dis- tance provided by law and in an amount not to exceed the amount provided by law, property will be assessed whether the same abuts thereon or is adjacent thereto ac- cording to area and in proportion to the special benefits conferred thereby, and any defiCiency shall be paid out of the street fund. Bonds shall be issued and sold in anticipation of deferred payments of assessments when a contract has been performed and accepted and the proceeds thereof used to pay the contractor. The railway por- tion 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 placed on file with the City Clerk this 18th day of April, 1966. RECORD OF FINAL ADOPTION 1966 Session, May 23, RESOLUTION NO. 107.66 WHEREAS, proposed plans, spe- cifications, form of contract, plat and schedule have been duly pre- pared and approved hy 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 assessment limits of each street to be improved. 2. The streets to be improved. 3. The width of such improve- ment, and the size and kind of sewers. to be as- valuation 5. 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. 6. In each case the amount there. of which is estimated to be assessed against each lot, for the construc- tion of City of Dubuque Bituminous Concrete Paving Project No. 1 on the following named alley and streets: 1. Alley - Between Central Ave- nue & White Street from 12th to 13th Streets. 2. Booth Street-from the S.P.L. of Dodge Street to the N.P.L. of S. Grandview Avenue. 3. E. 24th Street-from the E.P.L. of Central Avenue to the W.P.L. of Windsor Avenue. 4. Ethcl Street-from the W.P.L. of Block 15 Steger Hcights to the E.P.L. of University. 5. Flora Park-from Pennsylvania Ave. to swimming pool service en- trance, and parking area from Green Street to Pennsylvania Ave- nue. 6. Jefferson Street - from the W.P.L. of Olive Strcct to the E.P.L. of Walnut Street. the the 7. Langworthy Street-from E.P .L. of Alpine Street to W.P.L. of James Street. 8. Olive Street-from the S.P .L. of W. 11th Street to the S.P.L. of Jefferson Street. The foregoing resolution was f nally passed and adopted, as pro- 9. Randall Place - from the S.P.L. of S. Grandview Avenue to ~ Special 4. Each lot proposed sessed together with a fixed by the council. Special Session, May 23, 1966 and bonds, and the time and place fixed for the hearing of all objec- tions to said plans, specifications or contract for or cost of such im- provements, said time being this 23rd day of May, 1966, and WHEREAS, the City Couucil met in special session this 23rd day of May, 1966, at 7:30 o'clock P.M. DST at the Council Chambers in the City Hall for the purpose of hearing all interested parties and considering any and all objections which have been filed to the pro- posed plans, specifications or con- tract for or cost of 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 IT RESOLVED hy the City Council of the City of Dubuque, that all objections which have been made and filed to the plans, speci- fications, contract for or cost of said improvement herein described and proposed to be made, be and the same hereby overruled and such plans, specifications and form of contract heretofore approved are hereby adopted. BE IT FURTHER RESOLVED that this resolution containing the decision of this Council upon all ob- jections 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 improvement. Passed, adopted and approved, this 23rd day of May, 1966. Walter A. Pregler Mayor M. Sylvester McCauley Merlin F. Schultz Eldou A. Pfohl Richard Ludwig Councilmen Attest: Leo F. Frommelt City Clerk Councilman Ludwig moved adop. tion of the resolution. Seconded by Councilman McCauley. Carried by the following vote: Yeas - Mayor P: men Ludwig, Mc Schultz. Nays - None. the the Olive Street-from the S.P .L. of W. 11th Street to the S.P .L. of J ef. ferson Street. Randall Place-from the S.P .L. of S. Grandview Avenue to the South end of the Street. Shiras Avenue-from the end of the existing paving at the Old Corporation Line to the Pillars at the Eagle poiut Park Exit. Southern Avenue-from the S.P.L. of Grandview Avenue to the S.P .L. of Lot 1 of Block 9 of In. dian Hills. nue. Jefferson Street-from the W.P.L. of Olive Street to the E.P.L. of Walnut Street. men Schultz. Nays - None. RESOLUTION NO, 130-66 WHEREAS, proposed plans and specifications and form of con. tract for the construction of CITY OF DUBUQUE 1966 BITUMINOUS CONCRETE PAVING PROJECT NO. 1 on the following named al- ley and streets: ,... Alley _ Between Central Ave- nue & White Street from 12th to 13th Streets. Booth Street - from the S.P.L. of Dodge Street to the N.P.L. of S. Grandview Avenue. E. 24th Street - from the E.P.L. of Central Avenue to the W.P.L. of Windsor Avenue. Ethel Street - from the W.P.L. of Block 15 Steger Heights to the E.P.L. of University. Flora Park - from Pennsylvania Ave. to swimming pool service en- trance, and parking area from Green Street to pennsylvaia Ave. nous Concrete Paving Project No. 1 as proposed be overruled. Sec- onded by Mayor Pregler. Carried hy the following vote: Yeas - Mayor Pregler, Council Ludwtg, McCauley, Pfohl Langworthy Street - from E.P.L. of Alpiue Street to W.P.L. of James Street. 190 the E.P .L. W.P.L. of have been approved by the City Council of the City of Dubuque and public notice given as provided by Chapter 23 of the Code of Iowa, 1962, pertaining to public contracts W. 5th Street-from of Delhi Street to the Hill Street. Council Pfohl .-..%Oi~""", ~ ill" .d 14: ,~ ; ~Il if i; , ~~ ." ,;. ;~ J';2:::ii ~, ~ ~ ~ i~~ l~ l I ~ '~ t ~ I 193 Seconded by Mayor Pregler. Car- ried by the fOllowing vote: Yeas - Mayor Pregler, Council men Ludwig, McCauley, Pfohl Schultz. Nays-None. Statement of City Clerk certify- ing that notices of proposed assess- ment were mailed by certified mail on May 3, 1966 to property owners of record according to the books of the County Auditor, subject to payment for cost of constructing City of DUhuque 1966 Hot Mix.Hot Laid Asphaltic Concrete Paving Project No.1, presented and read. Councilman Ludwig moved that the statement be received and filed. Seconded by Mayor Pregler. Carried by the following vote: Yeas - Mayor Pregler, Coun- cilmen Ludwig, McCauley, Pfohl, Schultz. Nays-None. 11, 1966 To the Honorable and City Council Gentlemen: Due to the request of the City Engineer, I recommend that your Honorable Body delete Madison Street from the City of Dubuque 1966 Hot Mix.Hot Laid Asphaltic Concrete Paving Project. Respectfully submitted, Gilbert D. Chavenelle City Manager Councilman Ludwig moved that the recommendation of the City Manager be approved. Seconded by Mayor Pregler. Carried by the following vote: Yeas - Mayor Pregler, Council- men LUdwig, McCauley, Pfohl, Schultz. Nays-None. Communication of Super Gro Products Co. showing concern as to the possible widening of paving on First Street thereby cutting off loading facilities, presented and read. Councilman Ludwig moved that the communication be re- ceived and filed. Seconded by Councilman McCauley. Carried by the fOllowing vote: Yeas - Mayor Pregler, Coun- cilmen Ludwig, McCauley, Pfohl, Schultz. Nays-None. and Mr. Leo questions as to which might he May Mayor Mr. Lloyd Strief Kreps submitted special problems Session, May 23, 1966 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, Coun- cilmen Ludwig, McCauley, Pfohl, Schultz. Nays-None. Proof of Publication, certified to by the Publisher, of notice of public hearing on resolution of ne- cessity for pUblic improvements and on proposed plans and speci- fications form of contract and cost of improvements for the construc- tion of City of Dubuque 1966 Hot Mix-Hot Laid Asphaltic Concrete Paving Project No. 1 on the fol- lowing named streets: 1. Central Avenue - from the SPL of 20th Street to the NPL of 4th Street. 2. Dubuque Municipal Airport- Access road from U.S. High- way 61. 3. Fremont Avenue - from the SPL of Dodge Street to the SPL of Simpson Avenue. 4. Hili Street - from the SPL of W. 8th Street to the NPL of West 5th Street. 5. Iowa Street - from the SPL of 2ud Street to the SPL of 1st. John F. Kennedy Road~from the S.P.L. of Pennsylvania Avenue to the N.P.L. of U.S. Highway 20. Jones Street-from the W.P.L. of Terminal Street to the E.P. L. of Main Street. the S.P. the N.P. Main Street-from the S,P.L. of Kaufmann Avenue to the N.P.L. of Clarke Drive. Southern Avenue - from the W.P .L. of Kerrigan Road to the W.P.L. of SulIivau St. University Avenue - from the S.P.L. of Van Buren Street to the N.P.L. of U.S. Highway 20. Water Street - from S.P.L. of First Street to the N.P.L. of Jones Street. presented and read. Councilman Ludwig moved that the proof of publication be received and filed. Special Madison Street from L. of Clarke Drive to L. of 17th Street. 6. 7. 8. 9. 10. 11. 12. ~ 1966 Pillars at the Eagle Park Exit. Southern Avenue-from the S.P.L. of Grandview Avenue to the S.P.L. of Lot 1 of Block 9 of Indian Hills. ,V. 5th Street-from the E.P. L. of Deihi Street to the W.P. L. of Hill Street. be and the same are hereby or- dered and constructed by this Council upon its own motion and with or without the petition of property owners. All the work shall be constructed in accordance with the plans and specifications heretofore adopted and now on file in the office of the City Clerk. Be It Further Resolved that the cost and expense of the said im- provements be paid for by levying special assessments against the privately owned property lying within the assessable distance from the improvements, whether such property abut upon the same or are adjacent thereto, according to the area thereof and in propor- tion to the special benefits con- ferred, and any deficiency will be paid out of the street funds of the city. Payment will be made to the contractor out of funds realized from the sale of Street improve- ment bonds to be issued in antici- pation of deferred payments of as- sessments as provided by law after the work has been -completed and accepted by the City Council. Be It Further Resolved that the City Clerk be and he is hereby or- dered and directed to advertise for proposals for the construction of the various improvements here- in provided for in the manner provided by law, the said improve- ments shall be completed on or before 60 days after notice to pro- ceed is issued. Be It Further Resolved that this resolution being deemed urgent and of immediate necessity shall be in force and effect from and after its passage and adoption by the City Council. Passed, adopted and approved this 23rd day of May, 1966. Walter A. Pregler Mayor M. Sylvester McCauley Merliu F. Schultz Eldon A. Pfohl Richard Ludwig Councilmen Point Session, May 23, ll. 12. the the Langworthy Street-from the E.P.L. of Alpiue Street to the W.P .L. of James Street. Olive Street-from the S.P.L. of W. llth Street to the S.P.L. of Jefferson Street. Randall Place-from the S.P. L. of S. Grandview Avenue to the South end of the Street. Shiras Avenue-from the end of the existing paving at the Old Corporation Line to the Alley-Between Central Ave- nue & White Street from 12th to 13th Streets. 5. Flora Park - from Pennsyl- vania Ave. to swimming pool service entrance, and parking area from Green Street to Pennsylvania Avenue. Attest: Leo F. Frommelt City Clerk Councilman Ludwig moved final adoption of the resolution. Second- ed by Councilman Pfohl. Carried by the following vote: Yeas - Mayor Pregler, Coun- -cilmen Ludwig, McCauley, Pfohl, Schultz. Nays-None. (Ordering Construction) RESOLUTION NO. 131.66 Be It Resolved hy the City Coun. cil of the City of Dubuque that pursuant to a resolution of neces- sity No. 107-66 which was duly passed by this Council, for the construction of City of Dubuque 1966 Bituminous Concrete Paving Project No. 1. 1. 2. Booth Street-from the S.P.L. of Dodge Street to the N.P.L. of S. Grandview Avenue. E. 24th Street-from the E. P.L. of Central Avenue to the W.P.L. of Windsor Avenue. this 4. Ethel Street-from the W.P. L. of Block 15 Steger Heights to the E.P.L. of University. posed, by the City CounCIl 23rd day of May 1966. Walter A. Pregler Mayor M. Sylvester McCauley Merlin F. Schultz Eldou A. Pfohl Richard Ludwig Councilmen Jefferson Street - from W.P.L. of Olive Strect to E.P.L. of Walnut Street. Special 192 8. 9. 10. 6. 7. 3. (Necessity of Improvement) RESOLUTION NO. 111-66 WHEREAS, proposed plans, spec- ifications, form of contract, plat and schedule have been duly pre- pared and approved by the City Council of the City of DUbuque and are now on file in the office of the City Clerk showing among other things the following: 1. The assessment limits of each street to be improved. 2. The streets to be improved. 3. The width of such improve- ment, and the size and kind of sewers. 4. Each lot proposed to be as- sessed together with a valua- tion fixed by the council. 5. 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. 6. In each case the amount there- of which is estimated to be as- sessed against each lot, for the City of Duhuque 1966 Hot Mtx. Hot Laid Asphaltic Concrete Paving Project No. 1 on the following named streets: 1. Central Avenue - from the SPL of 20th Street to the NPL of 4th Street. 2. Dubuque Municipal Airport Access road from U.S. High- way 61. 3. Fremont Avenue-from the SPL of Dodge Street to the SPL of Simpson Avenue. 4. Hill Street - from ihe SPL of W. 8th Street to the NPL of West 5th Street. 5. Iowa Street-from the SPL of 2nd Street to the SPL of 1st. 6. John F. Keunedy Road _ from the S.P.L. of Pennsyl- vania Avenue to the N.P.L. of U.S. Highway 20. 7. Jones Street - from the W. P .L. of Terminal Street to the E.P.L. of Main Street. 8. Main Street-from the S.P. L. of Kaufmann Avenue to the N.P.L. of Clarke Drive. 9. Southern Avenue-from the W.P.L. of Kerrigan Iload to 4 I, ;:' r I; ":1 ,~I ~ ~ ... ~ "11:1: ":!. j,' ~ """.. li." ~ ~. , , , f1"" L t I I I ~_._~~---~-~-_.~. 195 Carried Coun- Pfohl by Councilman McCauley. by the following vote: Yeas - Mayor Pregler, cilmen Ludwig, McCauley. Nays - Councilmen Schultz. Session, May 23, 1966 adopted and approved day of May, 1966. Walter A. Pregler Mayor M. Sylvester McCauley Richard Ludwig Councilmen of of Water Street-from S.P.L. First Street to the N.P.L. Jones Street. have been approved by the City Council of the City of Dubuque and public notice given as pro- vided hy Chapter 23 of the Code of Iowa, 1962, pertaining to pub- lic contracts and bonds, and the time and place fixed for the hear. ing of all objections to said plans, specifications or contract for or cost of such improvements, said time being this 23rd day of May, 1966; and WHEREAS, the City Couucil met in special session this 23rd day of May, 1966, at 7:30 o'ciock P.M. D.S.T. at the Council Chambers' in the City Hall for the purpose of hearing all interested parties and considering any and all objec- tions which have been filed to the proposed plans, specifications or contract for or cost of the im- provement herein described and proposed to be made; and WHEREAS, all interested par. ties have been given an opportun- ity to be heard and all objections which have been duly weighed and considered; now, therefore BE IT RESOLVED hy the City Council of the City of Dubuque, that all objections which have been made and filed to the plans, specifications, contract for or cost of said improvement herein de- scribed and proposed to be made, be and the same hereby overruled and such plans, specifications and form of contract heretofore ap- proved are hereby adopted. BE IT FURTHER RESOLVED that this resolution containing the decision of this Council upon all objections which have been filed to the plans, specifications and form of cost said improvement be made a matter of permanent rec- ord in connection with said im. provement. Passed, this 23rd Special ., 11. II! I:il '~I Attest: Leo F. Frommelt City Clerk Councilman Ludwig moved adop- tion of the resolution. Seconded Central Avenue - from S.P.L. of 20th Street to NPL of 4th Street. Dubuque Municipal Airport- Access road from U.S. High- way 61. Fremont Avenue - from the SPL of Dodge Street to the SPL of Simpson Avenue. HlIl Street - from the SPL of W. 8th Street to the NPL of West 5th Street. Iowa Street - from the SPL of 2nd Street to the SPL of 1st. John F. Kennedy Road-from the S.P .L. of Pennsylvania Aveuue to the N.P.L. of U.S. Highway 20. Jones Street-from the W.P.L. of Terminal Street to the E. P .L. of Main Street. Main Street-from the S.P .L. of Kaufmann Avenue to the N.P.L. of Clarke Drive. Southern Avenue - from the W.P.L. of Kerrigan Road to the W.P.L. of Sullivan St. University Avenue-from the S.P.L. of Van Buren Street to the N.P.L. of U.S. Highway 20. Special Session, May 23, 1966 Passed, adopted and approved this 23rd day of May 1966. Walter A. Pregler Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Richard Ludwig Councilmen 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, Coun- cilmen Ludwig, McCauley, Pfohl, Schultz. Nays-None. Decision of Council upon objec- tions to plans, specifications, form of contract and cost of im- provements. RESOLUTION NO. 133-66 WHEREAS, proposed plans aud specifications and form of contract for the construction of City of Du- huque 1966 Hot Mix.Hot Laid As. phaltic Concrete Paving Project No. 1 on the following named streets: 1. 2. the the 6. 7. 8. 3. 4. 5. The City of Dubuque requested that the Iowa State Highway Com. mission participate in the construc. tioo of the paving of Central Ave- nue from 20th Street to 4th Street. I therefore submit the formal agreement from the Iowa Highway Commission for your action. Respectfully submitted, Gilhert D. Chavenelle City Manager After some discussion as to con. ditions set out by the Highway Commission, such as parking, one way etc. Councilman McCauley moved that the agreement be re- ferred to the City Manager for fur. ther negotiations. Seconded by Ma- yor Pregler. Carried by the follow- ing vote: Yeas - Mayor Pregler, cilmen Ludwig, McCauley, Schultz. Nays-None. RESOLUTION NO. 132.66 Resolution Amending Resolution No. 111.66 BE IT RESOLVED hy the City Council of the City of Dubuque, Iowa: Section 1. That Resolution No. 111-66, being the Resolution of Necessity for the City of Dubuque 1966 Hot Mix-Hot Laid Asphaltic Concrete Paving Project No.1, be and the same is hereby amended by deleting the following portions of the following named streets therefrom: Coun. Pfohl, encountered in N. Main Street. Councilman Schultz moved that Central Avenue be deleted from the S.P.L. of 20th Street to the N.P.L. of 4th Street from the 1966 Hot Mix Hot Laid Asphaltic Con- crete Paving Project. Seconded by Councilman Pfohl. Vote on the mo- tion was as follows: Yeas - Councilmen Schultz. Nays - Mayor Pregler, men Ludwig, McCauley. carry May 23, 1966 Mayor of Pfohl, Council to resurfacing due failed to a majority. the To the Honorable and City Council Gentlemen: 194 Motion lack of 9. 10. Madisan Street from the S.P .L. of Clarke Drive to the N.P.L. of W. 17th Street. ~ -...,..-..."" 197 Coun- Pfohl Session, May 23, 1966 Yeas - Mayor Pregler, cUmen Ludwig, McCauley. Nays Councilmen Schultz. N.P.L. Special the Street to Street. of First of Jones II !~I tr. 1~1 ;.jUI :". ;,: 1~! ..- ,:-, '-I' . .. .". ':~: .. ~~: '1. , , :"" , ~ " ~ ; . ~-... " L Proof of Publication, certified to by the Publisher, of notice of pub- lic hearing on resolution of neces- sity for public improvements and hearing upon proposed plans and specifications, form of contract, cost of improvements, for COll- struction of City of Dubuque 1966 Concrete Paving with Integral Curb Project No.1, on the follow- ing named streets: 1. from the N.P.L. to the S.P.L. of E. Ninth Street from the W. P.L. of Pine Street to the E. P .L. of \-Vhite Street. 3. First Street from the RR tracks at Iowa street to the E.P.L. of Water Street, pres0nted and read. Councilman Ludwig moved that the proof of publication be received and filed. Seconded by Mayor Pregler. Car- ried by the following vote: Yea,; - Mayor Pregler, Coun- cilmen Ludwig, McCauley, Pfohl, Schultz. Nays-None. I 'I I Bluff Street of 9th Street 16th street. 2. '1' ,I .I! :~ f ;~ ~~ ~1i ~j 1fi " ., ::'; ; , 1;' be and the same are hereby or- dered and constructed by this Council upon its own motion and wit.h or without the petition of property owners. All the work shall be constructed in accordance with the plans and specifications heretofore adopted and now on the 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 improv-ements, whether such property abut upon the same or are adjacent thereto, according to the area thereof and in propor- tion to the special benefits con- ferred, and any deficiency vlill be paid out of the street funds of the city. Payment will be made to the contractor out of funds realized from the sale of street improve- ment bonds to be issued in antici- pation of deferred payments of assessments as provided by law af- ter the work has been completed and accepted by the City Council. Statement of City Clerk certify- ing that notices of proposed as- sessment were mailed by certified mail on May 3, 1966, to owners of record D.ccording to the books of the County Auditor, whose prop- erty would be subject to assess- ment to pay for the construction of City of Dubuque 1966 Concrete Paving with Integral Curb Project No.1, presented and read. Mayor PrcE"br moved that the statement be received and filed. S :,:cQnded by Councilman Ludwig. Carried by the following vote: Yeas - Mayor Pregler, cilmen Ludwig, McCauley, Schultz. Nays-None. Communication of Rachel E. Pat- rick of 1337 Bluff St. ohjectlng to the proposed paving of Bluff Street with concrete because it does not warrant it at this time, presented and read. Councilman Ludwig moved that the communication be received and filed. Seconded by Councilman McCauley. Carried by the following vote: Coun- Pfohl, BE IT FURTHER RESOLVED that the City Clerk he aud he is hereby ordered and directed to ad- vertise for proposals for the con- struction of the various improve- ments herein provided for in the manner provided by law, the said improvements shall be completed on or before 90 days after notice to proceed is issued. BE IT FURTHER RESOLVED that this resolution being deemed urgent and of immediate necessity shall be in force and effect from and after its passage and adoption by the City Council. Passed, adopted and approved this 23rd day of May, 1966. Walter A. Pregler Mayor M. Sylvester McCauley Richard Ludwig Councilmen Attest: Leo F. Frommelt City Clerk Mayor Pregler moved adoption of the resolution. Seconded by Councilman McCauley. Carried by the following vote: ~ , Session, May 23, 1966 A. Pregler Mayor M. Sylvester McCauley Richard Ludwig Councilmen Walter Special the W.P.L. of Sullivau St. University Avenue - from the S.P.L. of Van Buren Street to the N.P.L. of U.S. Highway 20. 196 10. Attest: Leo F. Frommelt City Clerk Mayor Pregler moved adoption of the resolution. Seconded by Councilman McCauley. Carried by the following vote: Yeas - Mayor Pregler, cUmen Ludwig, McCauley. Nays ~ Councilmen Schultz. (Ordering Construction) RESOLUTION NO. 134-66 BE IT RESOLVED hy the City Council of the City of Dubuque that pursuant to a resolution of necessity No. 111-66 which was duly passed by this Council, for the construction of City of Du- buque 1966 Hot Mix.Hot Laid As. phaltic Concrete Paving Project No. 1 on the following named streets: 1. the the Coun- Pfohl Central Avenue ~ from S.P.L. of 20th Street to N.P.L. of 4th Street. Dubuque Municipal Airport Access road from u.S. High- way 61. Iowa Street - from the S.P.L. of 2nd Street to the S.P.L. of 1st. John F. Kennedy Road~from the S.P.L. of Pennsylvania Avenue to the N.P.L. of U.S. Highway 20. Jones Street - from the W.P. L. of Terminal Street to the E.P.L. of Main Street. Main Street - from the S.P .L. of Kaufmann Avenue to the N. P .L. of Clarke Drive. Southern Avenue from the W.P.L. of Kerrigan Road to the W.P.L. of Sullivan St. University Avenue-from the S.P.L. of Van Buren Street to the N.P.L. of U.S. Highway 20. Water Street-from the S.P.L. Avenue - from the Dodge Street to the Simpson Avenue. the S.P.L. the N.P.L. Hill Street - from of W. 8th Street to of West 5th Street. Fremont S,P.L. of S.P.L. of 2. 4. 5. 7. The ahove resolution was intra. I 8. duced, approved and ordered placed on file with the City Clerk 9. thts 18th day of April, 1966. Record of Final Adoption The foregoing resolution was 10. finally passed and adopted, as amended, by the City Council this 23rd day of May 1966. 11. 6. 3. Water Street - from S.P.L. of First Street to the N.P.L. of Jones Street. BE IT THEREFORE RESOLVED that the City Council on its own motion or upon petition of prop- erty owners, deems it advisable and necessar~r for the public wel- fare to make the herein mentioned improvement, and unless property owners at the time of the final consideration of this proposed res- olution have on file \vith the City Clerk objections to the amount of the proposed assessments, they shall be deemed to have waived all objections thereto. Said improvements shall be con- structed and done in accordance with the plans and specifications which have been prepared there- fore by the City Engineer which have been approved by the City Council and are now on file with the City Clerk, That the cost and expense of making said improve- ment will be assessed upon and against all privately owned prop- erty lying within assessable dis- tance provided by law and in an amount not to exceed the amount provided by law, property will be assessed whether the same abuts thereon or is adjacent thereto ac- cording to area and in proportion to the special benefits conferred thereby, and any deficiency shall be paid out of the street fund. Bonds shall be issued and in an- ticipation of deferred payments of assessments when a contract has been performed and accepted and the proceeds thereof used to pay the contractor. The railway por- tion of anv street or assessment district shall be assessed to and paid by the railway company. 11. \~.";;-,,,,~ 'fj ;It: 1: ,~ r t j:. ~ :~ :~R , ~ ' ii' ~. t' J , I 199 been made and filed to the plans, specifications, contract for or cost of said improvement herein de- scribed and proposed to be made, be and the same hereby overruled and such plans, specifications and form of contract heretofore ap- proved are hereby adopted. BE IT FURTHER RESOLVED that this resolution containing the decision of this Council upon all objections which have been filed to the plans, specifications and form of cost said improvement be made a matter of permanent record in connection with said improvement. Passed, this 23rd adopted and approved day of May, 1966. Walter A. Pregler Mayor M. Sylvester McCauley Merlin F. Schultz Richard Ludwig Councilmen Attest: Leo F. Frommelt City Clerk Councilman Ludwig moved adop- tion of the resolution. Seconded by Councilman McCauley. Carried by the fonowing vote: Yeas~Mayor Pregler, Council- men Ludwig, McCauley, Schultz. Nays-Councilman Pfohl. (Necessity for Improvement) RESOLUTION NO. IIS-66 WHEREAS, proposed plans speci- fications, form of contract, plat and schedule have been dUly prepared and approved by the City Council of the City of Dubuque are now on file in the office of the City Clerk showing among other things the following: 1. The assessment limits of each street to be improved. 2. The streets to be improved. 3. The width of such improve- ment, and the size and kind of sewers. 4. Each lot proposed to be as- sessed together with a valuation fixed by the council. 5. 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. 6. In each of which is sed against of Dubuque case the amount there- estimated to be ases- each lot, for the City 1966 Concrete Paving Session, May 23, 1966 the improvement should be borne by property owners in access of a 30' asphalt street. If the improve- ment does go through some pro- vision should be made for a traf- fic light at White street. Mr. Lou- is N. Schrup commented further on the traffic congestion at White Street. Council recessed at 10:55 Reconvened at 11:00 P.M. P.M. Decision of Council upon objec- tions to plans, specifications, form of contract and cost of im- provements. RESOLUTION NO. 135.66 WHEREAS, proposed plans aud specifications and form of contract for the construction of City of Du- buque 1966 Concrete Paving with Integral Curb Project NO.1 on the following named streets: 1. Bluff Street from N.P.L. of 9th Street to the S.P.L. of 16th Street. 2. E. Ntuth Street from the W.P.L. of Ptne Street to the E.P.L. of White Street. 3. First Street from the R R tracks at Iowa street to the E.P.L. of 'Vater Street have been approved by the City Council of the City of Dubuque and public notice given as pro- vided hy Chapter 23 of the Code of Iowa, 1962, pertaining to public contracts and bonds, and the time and place fixed for the hearing of all objections to said plans, speCifications or contract for or cost of such improvements, said time being this 23rd day of May, 1966, aud WHEREAS, the City CouncIl met. in special session this 23rd day of May, 1966, at 7:30 o'clock P.M., DST, at the Council Cham. bers in the City Hall for the pur- pose of hearing all interested parties and considering any and all objections which have been filed to the proposed plans, specifi- cations or contract for or cost of the improvement herein described and proposed to be made; and 'VHEREAS, all interested par- ties have been given an oppor- tunity to be heard and all objec- tions which have been duly weigh- ed and considered; now, therefore BE IT RESOLVED hy the City Council of the City of Dubuque, that all objections which have Special ~ 1966 Petition of Louis Schrup et al requesting that the maximum amount that should be assessed to the property owners covering the cost of paving Ninth Street with concrete should be only equal to the amount of a typical 30 foot width of an asphalt street, pre- sented and read. Councilman Lud- wig moved that the petition be re- ceived and filed. Seconded by Councilman McCauley. Carried by the following vote: Yeas - Mayor Pregler, Coun- cilmen Ludwig, McCauley, Pfohl, Schultz. Nays-None. Petition of Klauer Mfg. Co. and Dale D. Bly requesitng that the proposed assessment be reduced to zero as their property is not benefited by the 9th Street con- crete resurfacing, presented and read. Councilman Ludwig moved that the petition be received and filed. Seconded by Councilman McCauley. Carried by the follow- ing vote: Yeas - Mayor Pregler, Coun- cilmen Ludwig, McCauley, Pfohl, Schultz. Nays-None. Mr. M. Felderman, H. Kay, Cy Friedman, residents of Bluff Street, requested that the width of six foot sidewalks be maintained. Oth- er objectors objected to the pro- posed removal of parking on Bluff Street Councilman Schultz moved that Bluff Street be constructed to 36' in width, retaining a six foot area for sidewalks on each side of the street, and one lane parking. Sec- onded by Councilman Pfohl. Car- ried by the following vote: Yeas - Mayor Pregler, Coun- cilmeu Pfohl, Schultz. Nays-Councilmen Ludwig, Mc- Cauley. Attorney F. A. O'Connor repre- senting property owners on Ninth Street cautioned that the property owners own to the middle of the street in this area. Some of the property owners have underground facilities in the street and protec- tive measures should be taken by the City. Mr. O'Connor also ob- jected to the amount of the pro- posed assessments and further stated that Ninth street goes no- where. No portion of the cost of Session, May 23, Petition of Marvin J. Felderman et al requesting that the sidewalk area along the proposed paving of Bluff Street be no less than six feet wide from 9th to 16th streets, presented and read. Councilman Ludwig moved that the petition be received and filed. Seconded by Councilman McCauley. Carried by the following vote: Yeas ~ Mayor Pregler, Coun. cilmen Ludwig, McCauley, Pfohl, Schultz. Nays-None. Communication of Louis L. Glo- den et ux objecting to the pro- posed paving of Bluff Street be- cause in their opinion the street does not require paving, presented and read. Councilman Ludwig moved that the communication be received and filed. Seconded by Councilman McCauley. Carried by the following vote: Yeas - Mayor Pregler, cUmen Ludwig, McCauley, Schultz. Nays-None. Communication of Mettel Realty & Investment Co. objecting in be- half of Minnie E. French as to the excessive amount of proposed as- sessment levied against her prop- erty ou Bluff Street heiug Lots 767 and 768A McDaniels Suh., pre- sented and read. Councilman Lud. wig moved that the communication be received and filed. Seconded by Councilman McCauley. Carried by the following vote: Yeas - Mayor Pregler, cilmen Ludwig, McCauley, Schultz. Nays-None. Coun- Pfohl, Coun- Pfohl, Communication of U. S. Treas- ury Coast Guard stating that by virtue of its sovereignty they are not liable for assessment to cover cost of paving First Street, pre- sented and read. Councilman Lud- wig moved that the communica- tion be received and filed. Second- ed by Councilman McCauley. Car- ried by the following vote: Yeas - Mayor Pregler, Coun- cilmen Ludwig, McCauley, Pfohl, -Schultz. Nays-None. Coun- Pfohl, Special - Mayor Pregler, Ludwtg, McCauley, 198 Yeas cilmen Schultz. Nays-None. ......." ~ ~~ " ..' I'..... :~ l 1 I 201 Mayor Pregler moved that that the recommendation be approved, and referred to the City Solicitor for proper proceedings. Seconded by Councilman Ludwig. Carried by the following vote: Yeas-Mayor men Ludwig, Schultz. Nays-None. To the Honorable and City Council Gentlemen: These lots are located at the terminus of Keokuk Court and Stevens Court in the newly plat- Respectfully submitted, Dubuque City Planning and Zoning Commission F. J. Glah, Secretary ~ 1966 At a regular meeting of the Du- buque City Planning and Zoning Commission held on May 12, 1966 the following action was taken That the Commission recommend the denial of the petition of Mr. & 111'5. Donald Roth to rezone Lots 568 and 569 of Lennox Ad- dition from Single Family to Mul- tiple Family Residential. The Commission believes that granting such a request would be "spot-zoning and the use would not be compatible with the uses established in the surrounding area. Council Pfohl Respectfully submitted, Dubuque City Planning and Zoning Commission F. J. Glah, Secretary Councilman McCauley moved that the recommendation of the Com- mission be approved. Seconded by Councilman Schultz. Carried by the following vote: Yeas-Mayor men Ludwig, Schultz. Nays-None. 1966 At a regular meeting of the Du- buque City Planning and Zoning Commission held on May 12, 1966 the following action was taken That the Commission recommend to the City Council the rezoning of Lots 13, 14, 15, 21, 22 and 23 in Glenwood Subdivision from Single Family to Two-Family Residential. Council Pfohl 13. May 13, Mayor Pregler, McCauley, Pregler, McCauley, May To the Honorable Mayor and City Council Gentlemen 1966 Session, May 23, ment bonds to be issued in antici- pation of deferred payments of as- sessments as provided by law af- ter the work has been completed and accepted by the City Council. BE IT FURTHER RESOLVED that the City Clerk be and he is hereby ordered and directed to advertise for proposals for the construction of the various im- provements herein provided for in the manner provided by law, the said improvements shall be com- pleted on or before 90 days after notice to proceed has been issued. BE IT FURTHER RESOLVED that this resolution being deemed urgent and of immediate necessity shall be in force and effect from and after its passage and adoption hy the City Council. Passed, adopted and approved this 23rd day of May, 1966. Walter A. Pregler Mayor M. Sylvester McCauley Merlin F. Schultz Richard Ludwig Councilmen Attest: Leo F. Frommelt City Clerk Councilman Ludwig moved adop- tion of the resolution. Seconded by Councilman McCauley. Carried by the following vote: Yeas - Mayor Pregler, Coun- cilmen Ludwig, McCauley, Schultz. Nays-Councilman Pfohl. 13, 1966 At. a regular meeting of the Du- buque Planning and Zoning Com- mission held on May 12, 1966 the fallowing action was taken: That the Commission recommend to the City Council the rezoning of the uorth fifty feet of Lot 21, Fairview Subdivision from Mul- tiple Family to Local Business "B" classification. This property is located at the southwest corner of Locust and 17th Streets upon which a tire repair service is presently locat- ed. Special May Mayor To the Honorable and City Council Gentlemen: Special Session, May 23, 1966 posed, by the City Council this 23rd day of May, 1966. Walter A. Pregler Mayor M. Sylvester McCauley Merlin F. Schultz Richard Ludwig Councilmen Attest: Leo F. Frommelt City Clerk Councilman Ludwig moved final adoption of the resolution. Second- ed by Councilman McCauley. Car- ried by the following vote: Yeas ~ Mayor Pregler, Coun- cilmen Ludwig, McCauley, Schultz. N ays~Councilman Pfohl. (Ordering Construction) RESOLUTION NO. 13~6 BE IT RESOLVED hy the ctty Council of the City of Dubuque that pursuant to a resolution of necessity' No. 115-66 which was duly passed by this Council, for the construction of City of Du- buque 1966 Concrete Paving with Integral Curb Project No.1 on the following named streets: 1. Bluff Street from the N.P.L. of 9th street to the S.P.L. of 16th Street. 2. E. NInth Street from the W.P. Line of Pine Street to the E. P.L. of White Street. 3. First Street from the RR tracks at Iowa Street to the E.P.L. of Water Street. be and the same are hereby or- dered and constructed hy this Council upon its own motion and with or without the petition of property owners. All the work shall be constructed in accordance with the plans and specifications heretofore adopted and now on file iu the offlce of the City Clerk. BE IT FURTHER RESOLVED that the cost and expense of the said improvements be paid for by levying special assessments against the privately owned property lying within the assessable distance from the improvements, whether such property abut upon the same or are adjacent thereto, according to the area thereof and in propor. tion to the special benefits con- ferred, and any deficiency will be paid out of the street funds of the city. Payment will be made to the contractor out of funds realized from the sale of street improve- E. Ninth Street from the W. P.L. of Pine Street to the E.P. L. of White Street. First Street from the RR tracks at Iowa Street to the E.P .L. of Water Street. BE IT THEREFORE RESOLVED that the City Council on its own motion or upon petition of prop- erty owners, deems it advisable and necessary for the public wel- t-fare to make the herein mentioned improvement, and unless property owners at the time of the final consideration of this proposed res- olution have on file with the City Clerk objections to the amount of the proposed assessments, they shall be deemed to have waived all objections thereto. Said improvements shall be con- structed and done in accordance with the plans and specifications which have been prepared there- fore by the City Engineer which have been approved by the City Council and are now on file with the ctty Clerk. That the cost aud expense of making said improve- ment will be assessed upon and against all privately owned prop- erty lying within assessable dis- tance provided by law and in an amount not to exceed the amount provided by law, property will be assessed whether the same abuts thereon or is adjacent thereto ac- cording to area and in proportion to the special benefits conferred thereby, and any deficiency shall be paid out of the street fund. Bonds shall be issued and in an- ticipation of deferred payments of assessments when a contract has been performed and accepted and the proceeds thereof used to pay the contractor. The railway por- tion 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 placed au file wtth the City Clerk this 18th day of April, 1966. Record of Final Adoption with Integral Curb Project No. 1 on the following named streets: 1. Bluff Street from the N.P.L. of 9th Street to the S.P.L. of 16th Street. 200 2. 3. The foregoing resolution was fi. nally passed and adopted, as pro- ." ....."'" i !i ;~ \ ~ ~ ~ ~ ." iii ':! ".. 1 i.i. f , ~-... ~ III ~ ~ :1 ! ~ ~i. i!; lit iJ ~- :~ ~ ltll .~ # :tl ~ 'i ,', '; :~ !r~ I :;~ 203 Mayor Pregler moved that the recommendation be approved. Sec- onded by Councilman Pfohl. Car- ried by the following vote: Yeas - Mayor Pregler, Council. men Ludwig, McCauley, Plohl Schultz. Nays-None. May 23, Mayor 1966 To the Honorable and City Council, Gentlemen: This is to advise that I have ap- proved the following bonds and desire to have your approval on same. 1966 BLANKET POSITION BOND Gent M. Wtttenherg, Hartford Ac- cident and Indemnity Co. COMPREHENSIVE LIABILITY Loras Beadle, Iowa Mutual Insur- ance Company FandelI & Sons, Inc., Bituminous Casualty Corporation SIDEWALK Clarence (Barney) Grutz, Hawkeye- Security Insurance Co. Frank E. Miller, Hawkeye-Security Insurance Co. William O'Neill, Merchants Mutual Bonding Co. Robert S. Weipert. Merchants Mu- tual Bonding Co. Respectfully, GiIhert D. Chavenelle, City Manager Councilman Ludwig moved that the bonds and policies be approved for filing subject to the approval of the City Solicitor. Seconded hy Councilman Pfohl. Carried by the following vote: Yeas - Mayor Pregler, cilmen Ludwig, McCauley, Schultz. Nays-None. Coun- pfohl, Session, May 23, 19, 1966 I am returning to you the peti- tion of Robert Meyer and others requesting street lights on Carter. The location has been investigat- ed and it is recommended that two 4000 lumen incandescent lights be installed on Carter at locations north of Kane Street. Respectfully, Gilbert D. Chavenelle, City Manager Councilman Schultz moved that the recommendation of the City Manager be approved. Seconded by Mayor Pregler. Carried by the fol- lowing vote: Yeas - Mayor Pregler, Council. men Ludwig, McCauley, Pfohl Schultz. Nays-None. About a year ago the Council authorized the purchase of land for a toUot near Caledonia Street on the request of the Recreation Commission. The purchase of the last parcel of land was completed several weeks ago. The total land cost is $4,670.46 and this amount has been charged to the Rafferty Fund as authorized. May 20, 1966 Mayor At their meeting of May 9th the Recreation Commission voted to proceed with the preliminary devel- opment of the tot-lot and request funds. Special May Honorable Mayor and City Council Gentlemen To the Honorable and City Council Gentlemen: 23, 1966 To the Honorable and City Council Gentlemen: I request authority to hire an additional Housing Inspector. This employee would be in a pay range from $491.00 to a maximum of $566.00 per mouth. The housing inspection program is now at a level which requires the full time of two employees. Respectfully requested, Gilhert D. Chavenelle City Manager Councilman McCauley moved that the request be granted. Sec- May Mayor The cost of the preliminary work is estimated to be: Earth moving and ex- cavatIon .........,...,..........$3,995.00 Repair and construction of retaining walls 4,545.00 Steps and risers 350.00 Feucing 870.00 $9,760.00 It is requested and recommended that the Recreation Commission be authorized to expend from the Raf- ferty Fuud $9,760.00 for the devel. opment of the tot-lot near Cale- donia Street. Respectfully requested, Gilhert D. Chavenelle, City Manager Respectfully suhmttted, Gilhert D. Chavenelle City Manager Councilman Ludwig moved that the recommendations of the City Manager be approved. Seconded by Mayor Pregler. Carried by the fol- lowing vote: Yeas - Mayor Pregler, cilmen Ludwig, McCauley, Schultz. Nays-None. Session, May 23, 1966 Communication of Cottingham & Butler Inc. submitting Power of Attorney on John E. Butler or Jack C. Nigg from the Aetna Cas- ualty and Surety Company, pre- sented and read. Councilman Pfohl moved that the power of at- torney be received and filed. Sec- onded by Mayor Pregler. Carried by the fonowing vote: Yeas - Mayor Pregler, Coun- cilmen Ludwig, McCauley, Pfohl, Schultz. Nays-None. Communication of Mayor Walter A. Pregler recommending the ap- pointment of John Sherman to the County-City Authority to ftll the unexpired term of William Clem- ens deceased and Louis F. Fautsch to the Civil Service Commission to fill the unexpired term to 3-31- 1970 of Louis Lagen deceased, pre- sented and read. Councilman Pfohl moved that the recommendation be approved. Seconded by Council- man Ludwig. Carried by the follow- ing vote: Yeas - Mayor Pregler, Coun- cilmen Ludwig, McCauley, Pfohl, Schultz. Nays-None. To the Honorable and City Council Gentlemen: I am returning to you the peti- tion of Mrs. R. J. Doll requesting street lights on John F. Kennedy Road. It is recommended watt mercury vapor stalled according to lay-out. Further, it is recommended that twenty 175 watt mercury vapor lights he tnstalled au 32nd Street from Fink to Kennedy Road. Eigh- teen of these lights will be new in- stallations. two will be replace- ments. 1966 that four 175 lights be in- the attached 19, May Mayor Coun- pfohl, Special ted Glenwood Subdivision in the Park Hill area. Respectfully submitted, Dubuque City Planning and Zoning Commission F. J. Glah, Secretary Mayor Pregler moved that the recommendation of the Commission can be approved and referred to the City Attorney for proper pro- ceedings. Seconded by Councilman McCauley. Carried by the follow- ing vote: Yeas-Mayor Pregler, Council. men Ludwig. McCauley, Pfohl Schultz. ~ Nays--None. May 13, 1966 To the Honorable Mayor and City Council Gentlemen: At a regular meeting of the Du- buque City Planning and Zoning Commission held on May 12, 1966 the following action was taken: That the Commission recommend to the City Council the rezoning of Lots 34, 35, 36, 36A, 90, 91 and 92 in A. P. Woods Addition from Two Family to Multiple Family Residential classification. The Commission recommends the denial of the petition to vacate Blake Street from Bellevue to West Locust Street until such time as access to Williams Street can be worked. out with abutting property owners. A letter is attached signed by W. J. Retlly, ageut for the peti- tioner, Thomas J. Gaynor, stating that all costs for any improve- ments on and in Blake Street from Kirkwood to the above cited lots will be borne in their entire- ty by the owner of the above named lots. The Commission be- lieves that this is a problem to be referred to the City Solicitor. Respectfully submitted, Dubuque City Planning and Zoning Commission F. J. G1ah, Secretary Mayor Pregler moved that the recommendation of the Commis- sion be approved and referred to the City Solicitor. Seconded by Councilman McCauley. Carried by the following vote: Yeas - Mayor Pregler, Council men Ludwig, McCauley, Pfohl Schultz. Nays-None. 202 ~,.""....",.. 205 ~ :~ ~ ;it if. ~ ',. ,~ 1 ^ ~ :i! & I" ~ ~ ;11 ~ ~ '~ i~ ~'t i' ."'.. :~ i~ i., Ii organization which bears the cost of maintenance during the contract period. This general rule obtained in Dubuque in 1960-63. In 1964.65 the City paid main- tenance cost. The cost of electricity is charged the ball club. This procedure is followed in Du- buque. Contracts are of onc year duration. This practice ob- tains in Dubuque. Session, May 23, 1966 2) III. CITY IMPROVEMENT EX. PENSE AT PETRAKIS PARK See the attached tabulation "Pe- trakis Park Improvements." A. Appropriation Iu 1960, $20,000 was appro. priated for Petrakis Park Improvement. The money, however, was not expended. No appropriation was made in 1961 and '62, hut au agreement was reached with representatives of Dubuque Basehall, Iuc. that $4,000.00 a year would be spent an- nually for five years for a total of $20,000. This sched. ule will be completed in 1967. B. Expenditures 1) In 1963, the City spent $4,125.83 shartng with Du. Baseball, Inc. the cost of flood light equipment (4 towers). 2) Iu 1964, the CIty spent $3,967.19 for flood light equipment (2 towers). 3) In 1965, the City spent $4,000.00 paying unpaid im. provement bills incurred by Dubuque Baseball, Inc. The payment was largely for re. bUilding the bleacher seats. 4) In 1966, the City will spend $4,000.00 for flood light equipment. By foregoing the maintenance charges to Dubuque Baseball, Inc. in 1964 and 1965, the City has spent or will spend another $5,800.00 for park improvement. The total expenditure by the City for improvements at Petrakis Park from 1963 through 1966 is $21,893. 00. . V. Comparison With In Other Cities A review of the attached nota. tions clearly indicates that the contract and arrangements be. tween the Dubuque Recreation Commission and Dubuque Base- ball, Inc. are standard with those of other cities. It should be noted that: 1) In those cities where the an- nual fee charged the ball club is nominal, the ball club assumes the mainten. ance cost. Where the fee is substantial the City performs maintenance. In either case, however, it is the ball club Special V. Conclusion and Recommendation A baseball contract should be for one year, since the uncertain. ties of professional ball club leagues makes it impossible to deal with more than the season at hand. A professional ball club should pay for the maintenance of the facility. The Dubuque Recreation Com. mission is staunch on both of the above propositions. The Commission would be willing to conside:r future contracts with Dubuque Baseball, Inc. on the basis of an annual $1.00 fce, provided Dubuque Baseball, Inc. assumes the maintenance. Such an offer was proposed by the Commission dur- ing the 1966 negotiations. This of. fer, l:,o\vever, Fas rejected by Du. buque Baseball, Inc. H is recommended that the 1966 contract between the Recreation Commission and DUbuque Base. ball, Inc. be carried out and that the petition for an automatic con- tract and the waiver of the main. tenance fee be denied. Respectfully, Gilbert D. Chavenelle, City Manager Coullcilman Pfohl moved that the recommendation cf t.!1e City :Manager be approved. Seconded by Councilman McCauley. Carried by the fallowing vote: Yeas - Mayor Pregler, Council men Ludwig, McCauley, Pfohl Schultz. Nays-None. 3) Agreements May 6, City Council Re: Marie Smith 1966 Gentlemen: On October 2, 1965, notice of suit with petition attached was served by Marie Smith, plaintiff, against the City of Dubuque, Iowa, defendant, notifying demand of ~ Session, May 23, 1966 1965 Dubuque Baseball, Inc., agreed to allow City to audit books not later than November 1, 1965, and if money was available over normal operating expense, it was to be dispensed as follows: a) Pay outstanding debts of Petrakis Improvement Fund.. b) Pay $2900.00 maintenance cost. Carried Coun- Pfohl, May 9, 1966 Mayor Special onded by Mayor Pregler. by the following vote: Yeas - Mayor Pregler, cilmen Ludwig, McCauley, Schultz. Nays-None. To the Honorable and City Council Gentlemen 204 All payments were to be made by December 31, 1965. Dubuque Baseball, Inc. paid for electricity. The City furnished and paid for all maintenance, material and labor and water. Dubuque Baseball, Inc. did not make any settlement until March 1966 at which time a $2900.00 payment was made. This amount will be spent for flood lighting equipment according to a sup. plemental understanding with Dubuque Baseball, Inc. 1966 Contract terms are the 1962 and 1963. In summary, after 1962 the City has taken on the maintenance work and has paid for this labor and ma- terial expense. The Dubuque Base. ball, Inc. has been charged for this expense. The contracts of 1961, 62 and 63 were carried out. The terms of the contracts of 1964 and 1965 were not carried out by Dubuque Baseball, Inc. and, consequently, the City has not been reimbursed for the cost of maintenance. as same This is a report on the petition of Mr. John Petrakis received at the council meeting on April 18th. The petition requests an auto. matic agreement between the City and Dubuque Baseball, Inc., where. by the $2900,00 paid hy the Du. buque Baseball to the City \voula be spent only for improvements to the ball park along with profits from the operation of Dubuque Baseball. The agreement to con. tinue so long as both parties con. tribute and so long as improve- ments are required. (See attached copy of Petrakis letter dated April lIth) I. CONTRACTS: 1960 Dubuque Baseball, Inc. paid $1.00, was responsible for all maintenance of park and grounds during contract period; and paid for electricity. City prepared field for opening ball game and furnished water. EX- ~ attached tabulation "Pe Park-Breakdown of Rec Department Expendi I. CITY MAINTENANCE PENSE AT PETRAKIS PARK 1961 Same as 1960. 1962 Dubuque Baseball, Inc. palQ $2600.00 in installments on the first and fifteenth of each montl~ of contract, paid for electricity and in addition $300.00 for re. freshment concession and build. ing. The City performed all main- tenance and furnished all main- tenance supplies during the con. tract period. The City furnished electric flood lamps and water. An extra employee was hired by the Recreation Commission to perform the maintenance work. 1963 Same as 1962. & Mayor Hon. 1964 Same contract terms as 1962 and 1963 except $2900.00 payment was waived. It is understood that Dubuque Baseball, Inc. spent the $2900.00 paying outstanding hills for park improvement items. .""'<<<,/"....#1 ~::;r . f~: '1 'inl '.1:,1 iI~ e' 'if: ~~ I ,~ ~ ;. i ~. ~ J~ :i~ 1,1 ~i 'II Ii 1: 207 Section 2. That the City Clerk be and he is hereby directed to re- cord said plat in the office of the DUbuque County Recorder. Passed, adopted and approved this 23rd day of May, 1966. Walter A. Pregler Mayor M. Sylvester McCauley Merlin F. Schultz Eldou A. Pfohl Richard Ludwig Councilmen Attest: Leo F. Frommelt City Clerk Mayor Pregler moved adoption of the resolution. Seconded by Councilman Schultz. Carried by the following vote: Yeas - Mayor Pregler, Council men Ludwig, McCauley, Pfohl Schultz. Nays-None. ORDINANCE NO. 24-66 Vacating POrtion of Wall Street in the City of Dulluque, Iowa said Ordinance having been pre. viously presented and read at the Council meeting of April 18, 1966, presented for final adop. tion. ORDINANCE NO. 14-66 ORDINANCE VACATING PORTION OF WALL STREET IN THE CITY OF DUBUQUE, IOWA. WHEREAS, Carl F. Becker and Bess BecKer have petitioned the City Council 10 vacate that portion of Wall Street uPon which a two-story brick building presently encroaches and has encroached for many Years past; and WHEREAS, the Planning & Zoning Commlsion of the CIty of Dubuque, l.Jwa has no oblectlon to fhe vacation of that portion of Wall Street, and WHEREAS, the City Council deems It in the best public interest that saId I'JOr- tion of Wall Street upon which he two- stOry brick building encroaches should be vacated. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the portIon of Wall ~~;letF.a~u~ikr:,. ~~~ ~~~er~~k"eV;~e~hi~~ shall hereinafter be platted and describ- ed as follows: lot 37, BlocK 20, Dubuque Harbor Im- provement Co. 's Addition In the City of Dubuque, Iowa be and the same Is hereby vacated. Section 2. That the City Clerk be end he Is hereby directed to publiSh notice of intent to dispose of Interest In real es~a:fse~~ i~d~~~w ;~3uira~proved this 23rd day of MaYNIl1t~' A. Pregler Mayor M. SYlvester McCauley Merlin F. Schultz Eldon A. Pfohl Rlchllrd Ludwig Councilmen I Attest: Leo F. Frommel- City Clerk Published officially in the Telegraph- Herald Newspaper this 27th day of May 1966. Leo F. Frommell City Clerk It.5-27 r Councilman Ludwig moved final adoption of the Ordinance. Second- 1966 Session, May 23, Yeas-Mayor men Ludwig, Schultz. Nays-None. Notice of claim of Cecilia Kass of 2808 Van Buren Street, in an unspecified amount, for personal injuries received in a fall on W. 7th Street between Main and the alley 60' easterly from east curb line of said alley on March 31, 1966, pre- sented and read. Councilman Lud- wig moved that the notice of claim be referred to the City Solicitor for investigation and report. Seconded by Mayor Pregler. Carried by the following vote: Yeas - Mayor Pregler, Council- men Ludwig, McCauley, Pfohl, Sch ultz. Nays-None. Notice of claim of Mrs. Ingolf (Blanche) Forde of 2901% Pinard Street for personal injuries receiv- ed in a fall in the street at 2904 Pinard on May 5, 1966, presented and read. Councilman Lud'l.dg moved that the notice of claim be referred to the City Solicitor for investigation and report. Seconded by Mayor Pregler. Carried by the following vote: Yeas - Mayor Pregler, Council men Ludwig, McCauley, Pfohl Schultz. Nays-None. Council Pfohl ).' H , ,. t Ji j' '1' j'" : tj RESOLUTION NO. 137-66 WHEREAS, there has been pre- pared a plat of Lot 37, Block 20, Dubuque H arb 0 r Improvement Co.'s Addition in the City of Du- buque, Iowa, bearing date of 21st day of May, 1966, and prepared hy Bartels, McMahan & LeMay Engi- neering Co. NOW THEREFORE BE IT RE. SOLVED BY THE CITY COUNCIL OF CITY OF DUBUQUE, IOWA: Section 1. That the plat of the fOllowing described property: Lot 37, Block 20, Duhuque Har. bar Improvement Co.'s Addi- tion in the City of Dubuque, Iowa, dated the 21st day of May, 1966, prepared by Bartels, McMahan & LeMay Engineers, Registered Civil Engineers, 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 be- half of the City of Duhuque, Iowa. Special Pregler, McCauley, , ii , , i; ~> Session, May 23, 1966 Councilman Pfohl moved that the recommendation of the City Attorney be approved. Seconded by Mayor Pregler. Carried by the following vote: Yeas - Mayor Pregler, cilmen Ludwig, McCauley, Schultz. Nays-None. May 16, Mayor & City Council Re: Mrs. Lloyd Gaher 509 Bouthillier St. Galena, Illinois Gentlemen On April 19, 1966 Mrs. Lloyd Gaber of Galena, Illinois, filed a claim against the City of Dubuque for personal injuries allegedly suf- fered on March 1966 on the west side of Locust abutting empty lot lying between Eighth Avenue and 7th Street. I have made an investigation of this matter and find that the con- dition existing thereat was primar- ily caused by loose gravel accumu- lating on the sidewalk from the parking lot abutting thereon and therefore find no actionable negli- gence on the part of the City and recommend denial of said claim, and respectfully submit that any claim, if any, she has, said claim- ant should assert against the abutting property owner. Original claim is attached hereto. Respectfully R. N. Russo City Attorney 1966 Coun- Pfohl, submitted, Hon. Special pendency of suit at law against City of Dubuque, Iowa, whereas plaintiff claims damages in the amount of $5,484.55 for injuries allegedly suffered on the 26th of March, 1964 on a public sidewalk on east side of 12th Street be- tween Bluff Street and Grove Ter- race in the City of Dubuque, Iowa. I have made an investigation of this matter and have resisted plaintiff's action and plaintiff has made an offer of settlement in the amount of $1,000.00. Plaintiff suffered a fracture of the left humerus and sustained ...damages in excess of a thousand dollars, and I therefore recom- mend that said offer of settle- ment be accepted and the City Auditor be instructed to issue a warrant payable to Marie Smith in the amount of $1,000.00 and trans- mit same to the City Attorney for delivery of dismissal with preju- dice of said action and appropri- ate releases be made. Respectfully suhmttted, R. N. Russo Ctty Attorney Councilman Pfohl moved that the recommendation of the City Attorney be approved and the Au- ditor instructed to issue proper warrant. Seconded by Mayor Preg- ler. Carried by the following vote: Yeas - Mayor Pregler, Coun- cilmen Ludwig, McCauley, Pfohl, Schultz. Nays-None. 206 Councilman Schultz moved that the recommendation of the City Attorney be approved. Seconded by Councilman Ludwig. Carried by the following vote: Yeas - Mayor Pregler, cilmen Ludwig, McCauley, Schultz. Nays-None. Coun- Pfohl, Notice of claim of Ralph Firzlaff et ux of 1930 Scenic View Drive, in the amount of $50.00, for per- sonal property damage as the result of a flooded basement on March 21, 1966 due to a faulty sewer, pre- sented and read. Councilman Lud- wig moved that the notice of claim be referred to the City Solicitor for investigation and report. Sec- onded by Mayor Pregler. Carried by the following vote: May 16, 1966 & City Council Re: Patrick J. Hogan Farley, Iowa Gentlemen: On April 18, 1966, Patrick J. Hogan filed claim against the City of Dubuque, alleging damages to his car as the result of garbage truck backing up into his motor vehicle damaging same in the amouut of $12.50. The foregoing claim was re~ ferred to the proper agency and same has been settled; therefore denial of said claim is herewith made. Orig is to. attached here- suhmttted, Respectfully R. N. Russo City Attorney claim Hon. Mayor inal ~., ,~ ~~. !, il', ~~ JI:l '~'~ ~i, ;;',f" U .... Irt ~,~ " ~.'~ d , ~ !; ;~ '~ .~~ ~~ ,~~ ',:, '~.; i:li ~.I, 209 23rd day of May A.D., 1966. Walter A. Pregler Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Richard Ludwig Councilmen Attest: Leo F. Frommelt City Clerk Mayor Pregler moved adoption of the resolution. Seconded by Councilman Ludwig. Carried by the following vote: Yeas - Mayor Pregler, Council men Ludwig, McCauley, Pfohl Schultz. Nays-None. ORDINANCE NO. 26.66 An Ordinance vacating Thir- teenth Street from the West Property Line of Bluff Street to the West Property Line of Locust Street, presented and read. Mayor Pregler moved that the reading just had be considered the first reading of the Ordinance. Sec- onded by Councilman Pfohl. Car- ried by the following vote: Yeas - Mayor Pregler, Council- men Ludwig, McCauley, Pfohl, Sch ultz. Nays-None. Mayor Pregler moved that the rule be suspended requiring an Ordinance to be read on three sep- arate days. Seconded by Council. man McCauley. Carried by the fol- lowing vote: Yeas - Mayor Pregler, Council Ludwig, McCauley, Pfohl men Schultz. Nays-None. Mayor Pregler moved that a pub. lie hearing be held on the Ordin- ance on June 20, 1966, at 7:30 o'clock P.M. (D.S.T.) iu the Couucil Chamher at the Ctty Hall and that the City Clerk be instructed to publish notice of the hearing in the manner 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 Joe Gard et al object. ing to the proposed location of the Boys Club and also the closing of West Thirteenth Street hetween . approved and adopted 1966 Special Session, May 23, this All puhlic utilities in the City of Duhuque indicated that they had no objection to this proposed va. cation with the exception of the City Water Department who stated that they would like to have a ten foot wide easement at some point across the prop- erty between Bluff and Locust Streets for possible future use. Th-e original petition and other information is attached for your information and consideration. Respectfully suhmitted, Dubuque City Planning and Zoning Commission F. J. Glah, Secretary Councilman Pfohl the recommendation mission be approved. Councilman Schultz. the following vote: moved that of the Com. Seconded by Carried hy Coun. Pfohl, RESOLUTION NO. 139.66 RESOLUTION Approving Plat of Vacated portion of 13th Street be- tween Locust and Bluff Streets in the City of Dubuque, Iowa. WHEREAS there has hecn filed with the City Clerk a plat in which a Vacated portion of 13th Street is platted as CIty Lot 663A in the Dubuque, Iowa an<!, WHEREAS said plat has been ex- amined by the City Council and they find the same conforms to the Statutes and Ordinances relating thereto; NOW, TREREFORE, BE IT RE. SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the above de. scribed plat be and the same is hereby approved and the Mayor and Clerk be and they are hereby authorized and directed to endorse the approval of the City upon said plat. Passed, Street be approved and forward- ed to the City Council for their consideration. of CIty - Mayor Pregler, Ludwig, McCauley, Yeas cilmen Schultz. Nays-None. Coun- Pfohl, 13, 1966 To the Honorable and City Council Gentlemen: At a regular meeting of the Du. buque Planning and Zoning Com- mission held on May 12, 1966 the following action was taken: That the petition of the Duhuque Boys Club to vacate Thirteenth Street between the east property line of Bluff Street and the west property line of West Locust 1966 Iowa, in and to the following de. scribed real estate: Lot 37, Block 20, Duhuque Har- bor Improvement Co.'s Addition in the City of Dubuque~ Iowa, to Carl F. Becker and Bess Becker for the sum of One Hundred Fifty Dollars plus costs of publication, be and the same is hereby ap- proved. 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 Carl F. Becker and Bess Becker, all of its rights, title and interest in and to the real estate hereinabove described, and to deliver the said Deed upon re- ceipt of the purchase price of $150.00 aud 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 Dubuque County Recorder in and for Dubuque County, Iowa, immediately after delivery of Deed to purchaser. Passed, adopted and approved this 23rd day of May, A.D., 1966. Walter A. Pregler Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Richard Ludwig Councilmen Attest: Leo F. Frommelt City Clerk Mayor Pregler moved adoption of the resolution. Seconded by Councilman Schultz. Carried by the following vote: Yeas - Mayor Pregler, cilmen Ludwig, McCauley, Schultz. Nays-None. May Mayor Session, May 23, Proof of Publication, certified to by the publisher, of notice of public hearing to dispose of in- tcrest iu Lot 37 Blk 20 Duhuque Harbor Improvement Co.'s Addn. to Carl F. & Bess Becker. No written objections were filed and no oral objectors were pres- ent in the Council Chamber at the time set for the public hearing. Councilman Ludwig moved that the proof of publication be re- ceived and filed. Seconded by Councilman McCauley. Carried by the following vote: Y eas ~ Mayor Pregler, cilmen Ludwig, McCauley, Schultz. Nays-None. RESOLUTION NO. 138-66 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 April 25. 1966 aud May 2, 1966, City Council of Dubuque, Iowa, met au the 23rd day of May, 1966, at 7:30 o'clock P.M. Daylight Sav- ing Time, in the City Council Chamber in the City Hall, Du- buque, Iowa, to consider the pro- posal to dispose of certain real estate at which hearing all inter- ested persons were afforded an opportunity to be heard for or against such proposal and which real estate is described as follows, to wit: Lot 37, Block 20, Duhuque Har. bar Improvement Co.'s Addition in the City of Dubuque, 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 Carl F. Becker and Bess Becker for the sum of One Hundred Fifty Dollars plus costs of publication. Now Therefore Be It Resolved hy the City Council of City of Du. buque, Iowa: Section 1. That the disposal of the interest of City of Dubuque, Car, Coun- pfohl, Coun- Pfohl, ed by Councilman McCauley. ried by the following vote: Yeas - Mayor Pregler, cilmen Ludwig, McCauley, Schultz. Nays-None. Special 208 ~ 'J~ }. ; ~~ jijl III1 , ,~: it 'Ili, ,,: ~I j ;.l: , " 211 recommended approval. Respectfully submitted, DUBUQUE CITY PLANNING AND ZONING COMMISSION F. J. Glah, Secretary Councilman Schultz moved that the recommendation of the Plan- ning & Zoning Commission be ap. proved. Seconded by Councilman McCauley. Carried by the following vote: Yeas - Mayor Pregler, Council men Ludwig, McCauley, Pfohl Schultz. Nays-None. RESOLUTION NO. 140.66 Resolution approving the Plat of Block 4, Block 6, Block 7 and Block 8 in Mettel.Link Ad. dition in the City of Dubuque, Iowa WHEREAS, there has heen filcd with the City Clerk a plat of the Subdivision to be known as Block 4, Block 6, Block 7 and Block 8 in Mettel-Link Addition in the City of Dubuque, Iowa, by Mettel Realty & Investment Company; and WHEREAS, upon said plat ap. pear streets to be known as St. Anne Drive, Ridge Road, Tyler Road and Regis Court, together with certain public utility ease- ments which the Owners by said plat have dedicated to the puhlic forever; and WHEREAS, said plat has heeu examined by the City Planning and Zoning Commission and had its ap- proval endorsed thereon; and WHEREAS, said plat has heen examined by the City Council and they find that the same conforms to statutes and ordinances relating thereto, except that street grades have not" been established, the streets brought to grade, or paving, sewer or water installed; NOW THEREFORE, BE IT R~ SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the dedications of St. Anne Drive, Ridge Road, Ty- ler Road and Regis Court together with the easements for public util- ities as the same appear upon said plat, be and the same are hereby accepted; Section 2. That the plat of Block 4, Block 6, Block 7 and Block 8 in Mettel.Liuk Additiou in the City of 1966 Special Session, May 23, aud Seconded by Councilman Schultz. Carried by the following vote: Yeas - Mayor Pregler, Council- men Ludwig, McCauley, Pfohl, Schultz. Nays-None. Petition of Dubuque Chamber of Commerce requesting permission to hold a parade on June 18, 1966 and carnival rides in downtown streets on June 16th through June 18th, 1966, presented and read. Councilman Pfohl moved that the petition be approved after consulta- tion with City Solicitor Russo. Sec- onded by Mayor Pregler. Carried by the following vote: Yeas - Mayor Pregler, Council men Ludwig, McCauley, Pfohl Schultz. Nays-None. Petition of Jack G. Schiltz re- questing consideration in the set- ting of a date to hold a referendum on a bond issue for the construction of a swimming pool and ice rink, presented and read. Councilman Pfohl moved that the petition be received and filed. Seconded by Mayor Pregler. Carried by the fol- lowing vote: Yeas _ Mayor pregler, Council. men Ludwig, McCauley, Pfohl Schultz. Nays-None. Mr. Jack Schiltz addressed the Council in behalf of his petition by stating that the citizens deserve this facility and the Council should waste no time. Councilman Ludwig then moved that the matter be referred to the Council. Seconded by Councilman Pf.ohl. Carried hy the following vote: Yeas - Mayor Pregler, Council- men Ludwig, McCauley, Pfohl, Schultz. Nays-None. To the Honorable and City Council Gentlemen: At a regular meeting of the Du- buque City Planning and Zoning Commission held on May 12, 1966 the following action was taken: That the Final Plat of Block 4, Block 6, Block 7 aud Block 8 in Mettel-Link Addition in the City of Dubuque, Iowa be ap- proved and forwarded to the City Council for consideration 13, 1966 May Mayor l " , iJ !i Ii il f' ,) i I t ! , 32nd street from Central Avenue to N. Grandview Ave., presented and read. Due to the recommendation of the City Manager previously read relative to the proposed in- stallation of lights on 32nd street Councilman Pfohl moved that the petition be received and filed. Sec- onded by Mayor Pregler. Carried by the following vote: Yeas - Mayor Pregler, Council- men Ludwig, McCauley, Pfohl, Schultz. Nays-None. Petition of D. E. Hughes request- ing vacation of the alley between Sullivan and Lorimer street, south from Levi 405.4' to N.P.L. of first alley south of Levi and that the abutters be able to purchase the property presented and read. Coun- cilman Pfohl moved that the peti- tion be referred to the Planning & Zoning Commission. Seconded by Mayor Pregler. Carried by the fol- lowing vote: Yeas - Mayor Pregler, Council- men Ludwig, McCauley, Pfohl, Schultz. Nays-None. Petition of James W. Grant ob- jecting to vacation of an alley be- tween Lorimer and Sullivan street, presented and read. Councilman Pfohl moved that the petition be referred to the Planning & Zoning Commission. Seconded by Mayor Pregler. Carried by the following vote: Yeas - Mayor Pregler, Council- men Ludwig, McCauley, Pfohl, Schultz. Nays-None. Petition of John J. Heiderscheit requesting the extension of city water and sewer facilities to service his property at Jackson and Euclid streets, Lots 90 and 91 Linehan Park Addn., (outside city limits), presented and read. Mayor Pregler moved that the petition be referred to the City Manager and Engineer. Seconded by Councilman Schultz. Carried by the following vote: Yeas - Mayor Pregler, Council- men Ludwig, McCauley, Pfohl, Schultz. Nays-None. Petition of Karl E. Uhlrich et aI, a group of property owners on Cambridge Court, objecting to the installation of sidewalks, presented and read. Mayor Pregler moved that the objection be overruled. Session, May 23, 1966 Bluff and Locust Street, presented and read. Councilman Ludwig mov- ed that the petition be received and filed. Seconded by Mayor Preg- ler. Carried by the fOllowing vote: Yeas - Mayor Pregler, Council- men Ludwig, McCauley, Pfohl, Schultz. Nays-None. Petition of the Dubuque Lions Club requesting permission to use a portion of Industrial Park to stage their annual circus, presented and read. Councilman Schultz moved that the petition be approv- ed and referred to the City Manag. "" er. Seconded by Mayor Pregler. Carried by the following vote: Yeas - Mayor Pregler, Council men LUdwig, McCauley, Pfohl Schultz. Nays-None. Special 210 Petition of Peoples Natural Gas requesting permission to excavate at 24th & Windsor to abandon a leaking main, presented and read. Councilman Schultz moved that the petition be granted. Seconded by Councilman McCauley. Carried by the fOllowing vote: Yeas - Mayor Pregler, Council men Ludwig, McCaulcy, Pfohl Schultz. Nays-None. Petition of Peoples Natural Gas requesting permission to excavate on Kane street near Spring green Court to install a service line, pre- sented and read. Councilman Schultz moved that the petition be granted. Seconded by Councilman McCauley. Carried by the following vote: Y cas - Mayor Pregler, Council men Ludwig, McCauley, Pfohl Schultz. Nays-None. Petition of Joseph A. Giese et al objecting to the petition submitted by Herman Krause to vacate the alley hehind 2337 to 2355 Roosevelt Street, presented and read. Coun- cilman Pfohl moved that the peti- tion be referred to the City Man- ager. Seconded by Councilman Schultz. Carried hy the following vote: Yeas - Mayor Pregler, Council. men Ludwig, McCauley, Pfohl Schultz. Nays-None. Petition of Donald requesting better et on Lombardi Itghting al -.."..."",..- . I~I !~l '1 ~ fl, !Iii!!l .: ,~igl , ~~l d "",,,!,, -<"" t'l " ~~~ ~~, Ii i"l~ IiI" 1'1 . ~~ '" f:i' h~ Ii'!; :J! iIi, ~ '" ~'~ ~; 213 UNITED STATES OF AMERICA FEDERAL AVIATION AGENCY By: Rohert I. Gale, Area Manager, Kansas City Area CITY OF DUBUQUE, IOWA (SEAL) Dated at Dubuque, Iowa this 23rd day of May, 1966. Attest: Leo F. Frommelt Title: City Clerk By: Walter A. Pregler Title: Mayor CERTIFICATE OF SPONSOR'S ATTORNEY I, R. N. Russo, acting as Attorney for the City of Dubuque, Iowa hereinafter called the "Spon- 1966 Agency (hereinafter referred to as the "FAA"), has determined that, in the interest of the United States, the Grant Agreement relating to the above-numbered project be- tween the FAA, acting for and on hehalf of the Uulted States, and the City of Dubuque, Iowa (hereinafter referred to as the "Sponsor"), ac- cepted by the Sponsor on June 29, 1964, should be amended as herein- after provided, and WHEREAS, it has heen deter- mined necessary to revise the de- scription of the development to be accomplished under this project so as to delete therefrom the acquisi- tion of easement interests over Parcels 5, 6, and 11. NOW, THEREFORE, WITNESS. ETH: That in consideration of the benefits to accrue to the parties hereto, the FAA, on the one part, and the Sponsor, on the other part, do hereby mutually agree that the said Grant Agreement be and hereby is amended by: 1. Deletion of the following devel- opment from the scope and de- scription thereof: acquire land (Parcels 5, 6 and 11, easements). 2. Substitution of the enclosed Ex- hibit A, bearing latest revision date of November 12, 1965, for the Exhibit A presently attach- ed to the Project Application as a part of the Grant Agree- ment. 3. Deletion of Paragraph 14 from the Grant Agreement. IN WITNESS WHEREOF, the parties hereto have caused this First Amendment to Grant Agree- ment to be executed. Session, May 23, The following Resolution was in- troduced by Councilman Schultz, read in full and considered; second- ed by Mayor Pregler, and adopted. Resolution adopting and ap- proving the execution of a first amendment to grant agreement for project No. 9.13.020-C409 in relation to the development of the Dubuque Municipal Air- port. BE IT RESOLVED hy the Mayor and City Council of the City of Du- buque, Iowa; Section 1. That the City of Du- buque, Iowa, shall enter into an agreement entitled First Amend- ment to Grant Agreement (Con- tract No. FA.64.CE.3080) with the United States for the purpose of amending the Grant Agreement be- tween the Federal Aviation Agen- cy, acting for and on behalf of the United States, and the City of Dubuque, accepted by the City of Dubuque, Iowa, on June 29,1964. Section 2. That the purpose of said First Amendment to Grant Agreement is: To revise the de- scription of the development to be accomplished under this project so as to delete acquisition of clear zone easements in and to Parcels 5, 6, and 11 as delineated on Ex- hibit A attached to the Project ApplIcation dated April 23, 1964. Section 3. That the City Council of the City of Dubuque by resolu- tion adopted at the special meeting of said Council held on May 23, 1966, has authorized and directed the Airport Commisison of the City of Dubuque acting through its of- ficer or officers designated by it to so. act, to execute on behalf of the City of Dubuque the acceptance of said First Amendment to Grant Agreement in quadruple on behalf of the City of Dubuque, Iowa, and the City Clerk is hereby authorize(~ and directed to impress the official seal of the City of Dubuque, Iowa, and to attest said execution. Section 4. That the said First Amendment to Grant Agreement referred to hereinabove shall be as follows: FIRST AMENDMENT TO GRANT AGREEMENT Dubuque Municipal Airport Dubuque, Iowa Project No. 9.13.020.C409 Contract No. FA.64-CE.3080 WHEREAS, the Federal Aviation Special ~ Special Session, May 23, 1966 A. Pregler Mayor M. Sylvester McCauley Merlin F. Schultz Eldou A. Pfohl Richard Ludwig Councilmen ACCEPTANCE OF RESOLUTION NO, 140-66 METTEL REALTY & INVEST. MENT CO., being familiar with the terms and conditions of the fore- going RESOLUTION NO. 140.66, hereby accepts the same and agrees to perform the conditions required therein. Dated this 23rd day of May, 1966. METTEL REALTY & INVESTMENT CO. By C. E. Mettel, President By A. J. Mihm, Sec.-Treas. To: Leo F. Frommelt, City Clerk This is to certify that the secur- ity required by the foregoing RE. SOLUTION NO. 140.66 has heen provided by the owner. Dated at Dubuque, Iowa, this 26th day of May, 1966. Gilbert D. Chavenelle, City Manager Extract from the minutes of a special meeting of the City Coun~ cil of the City of Dubuque, Iowa held on May 23, 1966, Councilman Schultz 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, 141.66 Section 3. That in the event Met- tel Realty & Investment Company, shall fail to execute the acceptance and furnish the security provided for in Section 2 hereof within 45 days after the date of this Resolu- tion, the provisions hereof shall be null and void and the acceptance of the dedication and approval of the plat shall not be effective. PASSED, ADOPTED AND AP- PROVED by unanimous recorded roll call this 23rd day of May, A.D., 1966. Walter Attest: Leo F. Frommelt, City Clerk 212 Dubuque, Iowa, be and the same is hereby approved and the ll.,iayor and City Cluerk are hereby author- ized and directed to endorse the approval of the City of Dubuque, Iowa, upon said plat, provided the owners of said property herein named, execute their written ac- ceptance hereto attached agreeing: a. To reduce all streets to grade and to construct concrete curb and gutter and to hard surface St. Anne Drive, Ridge Road, Ty- ler Road and Regis Court with bituminous concrete, or with concrete paving with integral curb, all in accordance with City of Dubuque standard specifica- tions; b. To install sanitary sewer mains and sewer service laterals in ac- cordance with plans submitted with the plat; c. To install water mains and water service laterals in accordance with plans submitted with the plat; d. To install storm sewers and catchbasins in accordance with plans submitted with the plat; e. To install concrete sidewalks as required by Ordinances, and where directed by the City Engi- neer and the City Manager; f. To construct the foregoing im- provement in accordance with plans and specifications approved by the City Manager, under the inspection of the City Engineer, and in a manner approved by the City Manager; g. To maintain the foregoing im- provements for a period of four (4) years from the date of their acceptance by the City of Du- buque, Iowa; h. To provide the foregoing con- struction and maintenance at the sole expense of the Subdivider, Mettel Realty & Investment Com. pany, as owner; i. To construct said improvements, except sidewalks, prior to May 1, 1968, and to construct the side- walks prior to May 1, 1970; and further provided that said Mettel Realty & Investment Com- pany, as owner of said Subdivision, secure the performance of the fore- going conditions by providing security in such form and with such sureties as may be acceptable to the City Manager: I I I i ,.,._.",. - '~ ii "it .~ ;:~!. ;.l!' lY i-+: i~" I'~~ iJ ~t :,] ';,: 'f l' Attest: Leo F. Frommelt, City Clerk Councilman Ludwig moved adop- tion of the resolution. Seconded by Councilman Schultz. Carried by the following vote: Yeas - Mayor Pregler, Council. men Ludwig, McCauley, Pfohl Schultz. Nays-None. OPTION In consideration of the payment of $5.00 Dollars the receipt where- of is hereby acknowledged, the un- dersigned Elizabeth J. Ploog hereby grants unto City of Dubuque, Iowa, its nominee, an exclusive option to 215 according to thereof, for the sum of Five Thousand ($5,000.00) Dollars, upou terms and conditions set forth in the option and agreement dated May 17, 1966, a copy of which is hereto attached and by reference made a part here- of: and WHEREAS, City of Duhuque, Iowa, should acquire said real es- tate for the purpose of widening Niuth Street. NOW THEREFORE BE IT RE. SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the purchase from Eltzaheth P. Ploog of the fol. lowing described real estate: Lot 1 of Lot 8 of Ctty Lot 703 in the City of Dubuque, Iowa, according to the recorded plat thereof, for the sum of $5,000.00 hy the City of Dubuque, according to the terms and provisions of option agreement attached hereto, be and the same is hereby approved. Section 2. That the City Manager be and he is authorized and direct- ed to exercise said option to pur- chase on behalf of City of Dubuque, Iowa, and to do any and all things necessary and incidental to acquire said real estate. Passed, adopted and approved thts 23rd day of May, 1966. Walter A. Pregler Mayor M. Sylvester McCauley Merltu F. Schultz Eldou A. Pfohl Richard Ludwig Councilmen Attest: Leo F. Frommelt, City Clerk Mayor Pregler moved adoption of the resolution. Seconded by Coun- cilman McCauley. Carried by the following vote: Yeas - Mayor Pregler, Council. men Ludwig, McCauley, Pfohl, Schultz. Nays-None. RESOLUTION NO. 144-66 WHEREAS, Ctty of Duhuque has secured an option from Elizabeth J. Ploog to purchase from her the following desctribed real estate: Lot 1 of Lot 8 of City Lot 703 in the City of Dubuque, Iowa, recorded plat the Special Session, May 23, 1966 RESOLUTION NO. 143-66 WHEREAS, Leonard H. Crane, as holder of Class B Beer Permit No. 82 at 720 Iowa Street, doiug business under the style and name of Holiday Inn was charged on March 18, 1966 with violating Sec- tion 19 of Ordinance No. 9-35, per- mitting a minor to purchase and consume beer upon a Class B Beer Permit premises and on March 29, 1966 Mr. Crane entered a plea of guilty to said charge in the Muni- cipal Court of Dubuque County, Iowa, and was fined $50.00 and costs by the presiding Judge. NOW THEREFORE BE IT RE. SOLVED BY THE CITY COUNCIL OF CITY OF DUBUQUE, IOWA: Section 1. That the Class B Beer Permit No. 82 issued to Leonard H. Crane doing business at 720 Iowa Street under the style and name of Holiday Inn be and the same is hereby revoked for the reason that said Leonard H. Crane did on Or about March 18, 1966 permit a minor to purchase and consume beer on said premises. Section 2. That the Chief of Police of City of DUbuque, Iowa, be and he is hereby ordered and directed to pick Up the Class B Beer Permit No. 82 issued to Leon- ard H. Crane and deliver the same forthwith to the City Manager's of. fice for cancellation Passed, adopted and approved this 23rd day of May, 1966. Walter A. Pregler Mayor M. Sylvester McCauley Merltn F. Schultz Eldon A. Pfohl Richard Ludwig Councilmen 1966 is hereby directed to cause said plat to he filed in the office of the Dubuque County Recorder. Passed, adopted and approved thIs 23rd day of May, 1966. Walter A. Pregler Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Richard 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. ORDINANCE NO. 27.66 Ordinance vacating street and alley described as Lot 2 of Lot 46A in Farley's Subdivision, in the City of Dubuque, Iowa and authorizing disposal thereof, presented and read. Councilman McCauley moved that the reading just had be COD- sidered the first reading of the Ordinance. Seconded by Council- man Ludwig. Carried by the follow- ing vote: Yeas - Mayor Pregler, Council- men Ludwig, McCauley, Pfohl, Schultz. Nays-None. Councilman McCauley moved that the rule requiring an Ordin- ance to be read on three separate days be waived. Seconded by Coun- cilman Ludwig. Carried by the fol. lowing vote: Yeas - Mayor Pregler, Council- men Ludwig, McCauley, Pfohl, Schultz. Nays-None. Councilman McCauley moved that a public hearing be held on the Ordinance on June 20, 1966 at 7:30 o'clock P.M. in the Council Chamher at the City Hall aud that the City Clerk be instructed to publish notice of the hearing in the manner required by law. Seconded by Councilman Ludwig. Carried by the following vote: Yeas _ Mayor Pregler, Council men Ludwig, McCauley, Pfohl Schultz. Nays-None. 23, Session, May sor"), do hereby certify That I have examined the fore- ging First Amendment to Grant Agreement and the proceedings taken by the Sponsor relating thereto and find that the execu- tion thereof by the Sponsor has been duly authorized, and is in all respects due and proper and in ac- cordance with the laws of the State of Iowa, and further, that, in my opinion, said First Amendment to Grant Agreement constitutes a legal and binding obligation of the Sponsor in accordance with the terms thereof. Dated at Dubuque, Iowa this 24 day of May 1966. R. N. Russo CIty Attoruey Councilman Schultz 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. 142-66 WHEREAS, Rock Street aud al. ley abutting same have been plat- ted according to plat dated 12th November, 1965, by John L. White, Licensed Professional Civil Engi. neer and Land Surveyor, which street and alley shall hereafter be known and described as follows: Lot 2 of Lot 46A in Farley's Subdivision in the City of Du- buque, Iowa; and WHEREAS, said plat conforms to law and should be approved. NOW THEREFORE BE IT RE. SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: . section 1. That plat dated No- vemher 12th, 1965, prepared hy John L. White, Licensed Profes- sional Civil Engineer and Land Sur- veyor platting Rock Street and al- ley abutting same, hereafter to be known and described as follows: Lot 2 of Lot 46A in Farley's Subdivision in the City of Du- buque, Iowa, be and the same is hereby approv- ed. Section 2. That the Mayor and City Clerk be and they are hereby authorized to execute said plat for and on behalf of the City of Dubuque. Section 3. Special 214 ;', !\:' :1, 'i' ;1' , Clerk City the That , "~ ,,*,i_o'''''' ~. '~ ~ .~~ ,; \ ,i ,~._r " '~I r:j~i ?, :~'" 'r I jl~.I,.1 't ,~' I , < ~I ,!ill! ",:'" :i I ,I I ',", II Ill! I y 1 217 following applications be granted and licenses issued upon the com- pliance with the terms of the IOWA LIQUOR CONTROL ACT-CHAP- TER 123-as ameuded hy the 60th General Assemhly, 1963. Name Address CLASS "A" LIQUOR LICENSE Duhuque Golf & Country Cluh, Randall Place Passed, adopted and approved this 23rd day of May, 1966. Walter A. Pregler Mayor M. Sylvester McCauley Merliu F. Schultz Eldon A. Pfohl Richard Ludwig Councilmen Attest: Leo F. Frommelt Ctty Clerk Councilman Ludwig moved adop. tion of the resolution. Seconded by Councilman Schultz. Carried by the following vote: Yeas - Mayor Pregler, Council men Ludwig, McCauley, Pfohl Schultz. Nays-None. RESOLUTION NO. Session, May 23, 1966 RESOLUTION NO. 146-66 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 IT RE- SOLVED hy 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. i h '!' U ;~ 1: it I' i-: I; ff cl 1 r t i' 1;, f I' " f , " ~c ,. :)} .~ j ~ " ~ I' m J1 11' 48.66 WHEREAS, applications for Liquor Permits were filed by the within named applicants and they have received the approval of this Council, and WHEREAS, the premises to be occupied by such applications were inspected and found to comply with the State Law aud all City ordinances relevant thereto and they have filed proper bonds; NOW THEREFORE BE IT RE. SOLVED hy the City Council of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named applicants a Liquor Permit. Name Address CLASS "A" LIQUOR LICENSE Duhuque Golf & Country Club, Randall Place Passed, adopted and approved this 23rd day of May, 1966. Walter A. Pregler Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Richard Ludwig Councilmen Attest: Leo F. Frommelt, City Clerk Special Name Address CLASS "B" BEER PERMIT PRIVATE CLUB Golf and Country Place CLASS "B" BEER PERMIT Paul W. Schollmeyer, 176 Locust Street Beverly Glynn, 655 Central Avenue CLASS "C" BEER PERMIT Eagle Food Centers, Inc. #130, 1800 Elm Street Eagle Food Centers, Inc. #144, 3033 Asbury Street BE IT FURTHER RESOLVED that the bonds filed by such appli- cants be and they are hereby ap- proved. Passed, adopted and approved this 23rd day of May, 1966. Walter A. Pregler Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Richard Ludwig Councilmen Attest: Leo F. Frommelt, City Clerk 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. RESOLUTION NO. 147.66 WHEREAS, applicattous for Liquor Permits have been sub- mitted to this Council for approval and the same have been examined, NOW THEREFORE BE IT RE. SOLVED, hy the ctty Council of the City of Duhuque, Iowa, that the Club, Dubuque Randall 1966 for the County of Duhuque, State of Iowa, personally appeared Eliza- heth J. Ploog to me known to he the identical person named in and who executed the foregoing instru- ment and acknowledged that she executed the same as her volun- tary act and deed. IN WITNESS WHEREOF, 1 have hereunto signed my name and af- fixed my Notarial Seal the day and year last written above. Eleanor E. Kolfenbach Notary Public in and for Dubuque County, State of Iowa. RESOLUTION NO. 145.66 WHEREAS, applications for Beer Permits have been submitted to this Council for approval and the same have been examined: -NOW THEREFORE, BE IT RESOLVED hy 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 C Session, May 23, Club, CLASS "B" BEER PERMIT Paul W. Schollmeyer, 176 Locust Street Beverly Glynn, 655 Central Avenue CLASS "C" BEER PERMIT Eagle Food Centers, luc. #130, 1800 Elm Street Eagle Food Centers, Inc. #144, 3033 Asbury Street Passed, adopted and approved this 23rd day of May, 1966. Walter A. Pregler Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Richard Ludwtg Councilmen Attest: Leo F. Frommelt, City Clerk Councilman Ludwig moved adop- tion of the resolution. Seconded by Councilman Schultz. Carried by the following vote: Yeas - Mayor Pregler, Council. men Ludwig, McCauley, Pfohl Schultz. Nays-None. Address LASS "B" BEER PERMIT PRIVATE CLUB & Country Golf Place Dubuque Randal purchase the following described real estate, towit: Lot 1 of 8 of City Lot 703 in the City of Dubuque, Iowa, ac- cording to the recorded plat thereof, for the total sum of $5000.00 suh. ject to the following terms and con- ditions. 1. This option shall expire nine. ty days from date of option. 2. lu the event the Optionee, The City of Dubuque, Iowa, or its Nominee elects to exercise this op- tion to purchase said real estate said Optionee shall give written notice to said owner Elizabeth J. c Ploog, 981 Bluff st., Duhuque, Iowa, and if this option is exercised the $5.00 payment herein made shall be credited against the total pur- chase price and the balance due and owing on the purchase price shall be payable in cash upon pre- sentation of Warranty Deed and Abstract of Title showing merch- antable title to be in said Elizabeth J. Ploog free and clear of all liens and . encumbrances. 3. Taxes for 1965 and prior years to he patd by Elizaheth J. Ploog. 4. The taxes for 1966 pro rated to date of closing based on 1965. 5. Possession shall be given im- mediately upon the payment of the entire purchase price and upon delivery of the Warranty Deed and Abstract of Title. 6. After delivery of the Ahstract of Title to the City of Duhuque, Iowa, or its nominee, said optionee shall have fifteen (15) days in which to examine the Abstract of Title and if there are any title defects which need correction, the said Elizaheth J. Ploog shall have additional fifteen (15) days in which to cure such objections to the satisfaction of the examining attorney for the optionee. 7. In the event this option is not exercised by the City of Du- buque, la. within ninety days from date of option, then in such event the $5.00 payment herein made shall he forfeited to the said Eliz. aheth J. Ploog. Stgned this 17 day of May, 1966. Elizaheth J. Ploog STATE OF IOWA ) )SS COUNTY OF DUBUQUE ) On this 17th day of May, 1966 before me, a Notary Public in and Special 216 .<~.""."". I ~ I.,. ~ I ~. .~ ~ .. '~ 14 , 219 plans and specifications for such projects, that all contractors ob. taining eontracts under bid with the City of Dubuque, Iowa will be expected to conform to and pay the prevailing wages estab~ Hshed in the Dubuque, Iowa area hy the United States Department of Lahar, Solicitor General's Of- fice, to all classifications of la- bor used or to be used on any hid Puhlic Works Project in the City of Dubuque, Iowa. It is further established that any contractor contracting with the Ctty of Duhuque, Iowa for build- ing construction or public works projects shall keep suitable rec- ords, the aims of which shall be subject to review by the City of Dubuque, Iowa showing individ- ual employees, pay roll, hours and rates sufficient to establish that the employer has complied with the provisions of the Reso- lution. Councilman Schultz moved ap- proval of resolution as read. SecM onded by Councilman Pfohl. Car- ried by the following vote: Yeas - Mayor Pregler, Coun- cilmen McCauley, Pfohl, Schultz. Nays-Councilman Ludwig. Councilman Ludwig voted nay on the resolution due to the insuf. ficient amount of time aUoted to study same. Communication of Dubuque ComM munity School District advising the City of withdrawal of its contrihu- tion to the recreation program for the year 1967 and thereafter hased on the opinion that funds should not be diverted to the summer rec- reation program since district funds also include those from out- side the City's limits, presented and read. Councilman Pfohl moved that the communication be re- ceived and filed and referred to the hudget. Seconded hy Council- man Schultz. Carried hy the follow. ing vote: Yeas - Mayor Pregler, cilmen Ludwig, McCauley, Schultz. Nays-None. the Duo Coun- Pfohl, 1966 1, To The Honorable and Council City Hall Dubuque, Iowa Gentlemen: At a regular meeting of June Mayor Session, June 6, 1966 City Manager nelle. Mayor Pregler read the call and stated that service thereof had been duly made and this is the Regular Monthly Meeting of the Council for the purpose of acting upon such business as may proper- ly come before the meeting. Communications of Dubuque Federation of Labor and Dubuque Building and Construction Trades Council submitting identical reso- lutions relating to present estab- lished and prevailing wage rates in the City of Duhuque adopted hy their bodies and requesting consid- eration and cooperation from the City Council, presented and read. RESOLUTION Be it resolved by the City Coun- cil of the City of Dubuque, Iowa that WHEREAS, it Is the policy and intent of the City of Dubuque, Iowa to maintain and encourage harmonious relation between Man- agement and Labor concerning the construction and building con- tracts, as well as Public Works contracts, contracted for by the City of Dubuque, Iowa with private contracting firms; and . WHEREAS, it is the desire of the City of Dubuque not to in any way interfere with the present es- tablished and prevailing wage rates in the City of Dubuque, Iowa, nor by its contracting with private firms to encourage inflationary measures, nor to in any manner be a party to the depression of the standards of living of any em- ployees in the City of Dubuque, Iowa; NOW, TIIEREFORE, it is herehy established as the policy of the City of Dubuque, Iowa as follows: All contractors bidding upon building construction and pub- lic works projects in the City of Dubuque, Iowa shall be informed hy the puhlic official isSUing Regular Session, June 6, 1966. Council met at 7:30 P.M. (D.S.T.) Present-Mayor Pregler, Council. men Ludwig, McCauley, Pfohl, Schul"'. Chave- CITY COUNCIL OFFICIAL Regular D. Gilbert ~ h I ~ ,~. II " ! ! t I. 1966 Special Session, May 23, F. ........................1966. City Clerk .......1966. Councilman Ludwig moved adop- tion of the resolution. Seconded by Councilman Schultz. Carried by the following vote: Yeas _ Mayor Pregler, Council- men Ludwig, McCauley, Pfohl, Schultz. Nays-None. There being no further business Councilman McCauley moved to adjourn. Seconded by Councilman Ludwig. Carried hy the following vote: Yeas - Mayor Pregler, Council men Ludwdig, McCauley, Pfohl Schultz. Nays-None. Leo Frommelt City Clerk Councilmen: Approved Adopted Attest: 218 . ".#;jj<........."'"