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1966 September Council Proceedings ~ I I <l ~ I ,I 343 Regular Session, September 5, 1966 CITY COUNCIL OFFICIAL Regular Session, September 1966. No members of the City Coun~ cil being present upon roll call the meeting was postponed sub- ject to call. Leo F. Frommelt City Clerk 5, .....1966. .1966. Councilmen Clerk City Approved Adopted Attest: ~ "Vi ''f. ~c ~ I 1'0-' .~. , , , r V , '~ i ~ ~ ~ ~ ~I .o,oll. ~ ~ 1 345 Yeas - Mayor Pregler, Coun- cilmen Ludwig, McCauley, Pfohl. Nays-None. Absent-Councilman Schultz. Councilman Pfohl moved that the rules be suspended in order to let anyone present address the Council if they so desire. Second- ed by Mayor Pregler. Carried by the fOllowing vote: Yeas - Mayor Pregler. Coun- cilmen Ludwig, McCaUley, Pfohl. Nays-None. Absent-Councilman Schultz. Mr. William Meyers of 320 King street, addressed the Council by stating that he is convinced from the report that there is adequate water pressure in the area in case of fire. He also felt that his per~ sonal situation can be alleviated by working with Mr. J. J. Hail, superintendent of the Water De- partment. August 30, 1966 To the Honorable Mayor and City Council Gentlemen: I am enclosing for your consid~ eration a letter from Richard H. Goss, Vice President of Paul D. Speer & Associates, and also a form of contract dated JUly 13th for your consideration. I recommend that we contract for the service of Paul D. Speer & Associates and that I be given au~ thority to sign the contract. Respectfully requested, Gilbert D. Chavenelle City Manager Mayor Pregler moved that the recommendation of the City Man- ager be approved and that he be given authority to sign the con~ tract. Seconded by Councilman McCanley. Carried by the follow- ing vote: Yeas - Mayor Pregler, CounciI~ men Ludwig, McCauley, pfohl. Nays-None. Absent-Councilman Schultz. September 2, 1966 To the Honorable Mayor Gentlemen: This is a short status report about several traffic problems which have come to.your atten~ tion in the past weeks. Traffic Signals Bids will be received on traffic signals at First and Main, and First and Locust on September 12th. We have been informed by Adjourned Regular Session, September 6, 1966 Coun~ Pfohl. Yeas - Mayor Pregler, cilmen LUdwig, McCauley, Nays-None. Absent-Councilman Schultz. Augost 30, 1966 To the Honorable Mayor and City Council Gentlemen: Sometime ago the congested traffic situation on Mt. Loretta Street was brought to our atten~ tion with the suggestion that parking be eliminated from one side of the street on Sundays. I am enClosing a copy of a rec~ ommendation made by Traffic Cap- tain Charles J. Jenaman that park- ing be probibited on the nortb side of Mt. Loretta from Valley Street to Bryant Street . I recommend Captain Jenaman's proposal and suggest that if you endorse the recommendation you authorize the staff to prepare the proper ordinance amendments. Respectfully submitted, Gilbert D. Chavenelle City Manager Councilman Ludwig moved that the recommendation of the City Manager be approved and re- ferred to the City Solicitor for proper proceedings. Seconded by Councilman pfohl. Carried by the following vote: Yeas - Mayor Pregler, Council- men Ludwig, Pfohl. N ays-Councilman McCaUley. Absent-Councilman Schultz. August 31, 1966 To the Honorable Mayor and City Council Gentlemen: I am returning to you the letter of Mr. William L. Meyer regard- ing the water pressure on Fulton and King Streets which you re- ferred to Mr. Hail for investiga~ tion. I am enclosing Mr. Hail's report and a report of the engineering firm, Henningson, Durham and Richardson. I recommend that the water ser- vice in the area not be connected to the high pressure system. Respectfully, 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: Adjourned Regular Session, September 6, 1966 comer of Lot 19, Block 23, or 2640 Marywood Drive. Between Lots 20 and 21, Block 24, or between 2667 and 2669 Marywood Drive. Southeast corner of the in- tersection of Marywood Drive and Crissy Drive. Between Lots 4 and 5, Block 27, or between 2684 and 2682 Marywood Drive. Between Lots 8 and 9, Block 22, or between 2615 and 2605 Rosewood. Between Lots 10 and 11, Block 26 or between 2611 and 2619 Crissy Drive. The northeast corner, Lot 7, Block 25 or 2613 Glenview Circle. Respectfully, Gilbert D. Chavenelle City Manager Councilman McCauley moved that the recommendation of the City Manager be approved. Sec- onded by Councilman Pfohl. Car- ried by the following vote: Yeas - Mayor Pregler, Council men Ludwig, McCauley, pfohl. Nays-None. Absent-Councilman Schultz. 30, 1966 Gentlemen: I am returning to you the peti~ tion of John D. Eckel and others requesting the removal of the Stop Sign at the corner of Shiras and Orchard Drive, and also re- questing tbat a Yield Right.of-Way Sign be placed at the exit from Eagle Point Park. It is recommended that the pe~ tition be denied, but that tbe Stop sign at Orchard Drive be changed to a Yield Sign. I am enclosing a report from Cbief Lucas of the Traffic Com- mittee Meeting which considered the above situation. Respectfully submitted, Gilbert D. Cbavenelle City Manager Mayor Pregler moved that the recommendation of the City Man- ager be approved and referred to the City Solicitor for proper pro- ceedings. Seconded by Council~ man McCauley. Carried by the following vote: August Mayor 5. 6. 7. To the Honorable and City Council 3. 4. 2. Session, P.M. Coun- Pfobl. Schultz. August 25, 1966 To the Honorable Mayor and City Council Gentlemen: Weare returning the petition request for street lighting in Clo- ver mlls Subdivision. We recommend 175 Watt Mer~ cury Vapor Street Lights be in- stalled at tbe following locations: 1. South side of the intersection of Marywood Drive and Hi. view Circle, or northwest 344 CITY COUNCIL OFFICIAL Adiourned Regular September 6, 1966. Council met at 7:30 (D.S.T.) Present - Mayor Pregler, Councilmen Ludwig, McCauley, Pfohl. City Manager Gilbert D. Chavenelle. Absent-Councilman Smultz. Mayor Pregler read the call and stated that service thereof had been duly made and this meeting is an ADJOURNED MEETING of the regularly scheduled meeting of September 5, 1966, for the pnr- pose of acting upon such business as may properly come before the meeting. Printed Council Proceedings pre- sented for the months of March, April and May, 1966, for approval. Councilman Pfohl moved the pro~ ceedings as presented be ap- proved. Seconded by Councilman McCauley. Carried by tbe follow- ing vote: Yeas - Mayor Pregler, Coun~ cHmen Ludwig, McCauley, Pfohl. Nays-None. Absent-Councilman Schultz. Communication of League of Iowa MuniCipalities advising of the 68th annual conference and governmental workshop to be held in Des Moines October 6th and 7th, 1966, presented and read. Ma- yor Pregler moved that the com- munication be referred to the Council. Seconded by Councilman Ludwig. Carried by the following vote: Yeas - Mayor Pregler, cHmen Ludwig, McCauley, Nays-None. Absent-CounciIman ...,........'""', ~ 'I 1 , I ~ ,~(. .1 ~! ~i ..~ ~ .1 .~ ~ II !i 11 ~i ,~ ;1 1 j ~1 , .'.1 +: 1 347 28tb day of January 1965 as a re- sult of a fall at the southwest corner of intersection of West 11th Street and alley between Main and Locust Streets in the City of Du- buque, Iowa, allegeding a defective condition thereat resulting from an accumulation of rounded, jagged and uneven frozen snow and snow covered ice as a result of which she fell and as a result of said fall said claimant suffered severe brain concussion and crushing injuries to skull and scalp requiring her to be atended by a physician and requir- ing her to be hospitalized. Honorable Mayor and City Council Re: C. J. Niedert 2415 Green I have consulted the attorney for the claimant and have reviewed the medical expenses and hospital expenses and loss of wages and the said claimant has made an offer of settlement in the amount of $1,000.00 and it is the recommenda- tion of the City Attorney that said offer of settlement be accepted and that the City Auditor be instructed to draw a warrant payable to Vel- ma Wetzel and her husband, Portus Wetzel, in tbe amount of $1,000.00 and to transmit the same to the City Attorney for delivery upon receipt of duly executed release. Original claim is attached here- to. Respectfully submitted, R. N. Russo, City Attorney Councilman LUdwig moved that the recommendation of the City At- torney be approved. Seconded by Councilman McCauley. Carried by the following vote: Yeas - Mayor Pregler, Council men Ludwig, McCauley, Pfohl. Nays-None. Absent - Councilman Schultz. September 6, 1966 Adjourned Regular Session, September 6, 1966 ~ Gentlemen: On July 5, 1966 Mr. C. J. Niedert of 2415 Green Street of Dubuque, Iowa, filed claim against the City of Dubuque, Iowa in the amount of $83.12 allegedly incurred as the result of scraping the side of his car along a tree located between the curb and sidewalk at or near 2160 University Avenue in the City of Dubuque, Iowa. Claimant alleges that the tree seither Councilman LUdwig moved that the bonds be filed subject to ap- proval of the City Solicitor. Sec- onded by Councilman McCauley. Carried by the following vote: Yeas - Mayor Pregler, Counci men Ludwig, McCauley, Pfohl. Nays-None. Absent-Councilman Schultz. September 6, 1966 Mayor & City Council He: Mrs. Blanche Forde 2901'h Pinard St. Gentlemen On July 21, 1966 and on May 23, 1966, Mrs. Blanche Forde filed claim for injuries as a result of a fall while alighting from a mo- tor vehicle onto a public street at a point between 2904 and 2905 Pinard Street, as a result of which she suffered a fracture of the ankle. I have conferred with claimant and have made an investigation of this matter and the claimant has made an offer of settlement in tbe amount of $125.00, and it is the recommendation of the City Attorney that said offer be ac- cepted and tbat the City Auditor be instructed to draw a warrant payable to Blanche Forde and In- golf Forde, her husband, in the amount of $125.00 and transit the same to the City Attorney for de- livery upon receipt of a duly exe- cuted release. Original claim is to. attached here- Respectfnlly submitted, R. N. Russo City Attorney Councilman Pfohl moved that the recommendation of the City attorney be approved. Seconded by Mayor Pregler. Carried by tbe following vote: Yeas - Mayor Pregler, Coun- cilmen Ludwig, McCauley, Pfohl. Nays-None. Absent-Councilman Schultz. Hon. .~ Adjourned Regular Session, September 6, 1966 the installation cannot be made un- til 1967. We are attempting to contact outside sources as a means of financing the project. Mean- while, the intersection is being studied for its use by both pedes- trian and vehicular traffic. It is recommended that parking be removed on the east side of Nevada, from University Avenue to Martha Street, and tbe parking ordinance be amended. This rec- ommendation is being made be- cause the street is only thirty feet wide and the volume of traffic has increased since the opening of Nativity School. Devon Drive and Highway 20 Intersection The State Highway Department has been contacted for their review and study of the situation since they were the original designers of the signals. A study is being made of the cost of a left turn stack-up lane and a left turn ar- row for eastbound traffic on High- way 20. This report is to be sub- mitted to tbe City Manager and a recommendation will be made to the City Council just as soon as possible. Respectfully submitted, Gilbert D. Chavenelle City Manager Councilman Pfohl moved that the communication be received and filed. Seconded by Mayor Pregler. Carried by tbe following vote: Yeas - Mayor Pregler, Coun- cilmen LUdwig, McCauley, pfohl. Nays-None. Absent-Councilman Schultz. September 6, 1966 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 346 the Milwaukee Railroad that tbe crossing at First and Iowa will be relocated late in September and that the material necessary for the job has all been ordered. It is expected that a set of traf. fic signals will be installed at As- bury and Kennedy within the next two weeks. Relocation of Railroad Tracks On Jackson Street A layout bas been made of tbe track layout in the area. The traf- fic committee has discussed the situation and their engineering de. partment is estimating the cost of track relocation. The latter in- vOlves securing information from the railroad company. As soon as the cost estimate can be completed a recommendation will be made to the Council. Four Way Stop Signs at University And North Grandview, and Loras Boulevard and North Grandview On September 1st the intersec- tion of University and North Grandview was made a four-way stop. 30" x 30" signs were in- stalled. The intersection is being observed as a four-way stop and a number of objecting calls have been received. The installation is being made on a trial basis, and after a test period if it is success- ful an ordinance will be drawn for Council consideration. It is recommended at this time that no change be made in the control of the intersection of Lor- as Boulevard and Grandview Ave- nue, at least until we see how Uni- versity Avenue intersection devel- ops. This recommendation is based on the fact that the Loras inter- section has had a very low acci- dent rate, that we would break and slow the free flow of traffic and that the eastbonnd traffic on Loras is over a declining slope as it approaches the intersection and may cause some hazard during ice conditions. 1966 Gentlemen: On March 8, 1965, Mrs. Velma Wetzel of 1091 Main Street, Dubu- que, Iowa, filed claim in the amount of $15,000.00 for personal injuries allegedly suffered on the Velma Wetzel Main Street 6, September Honorable Mayor and City Council Re: Mrs. 1091 ,\ same. PERFORMANCE BOND H & B American Corporation, H & B Communications Corporation, a Division of H & B American Corp., United States Fidelity and Guaranty Co. SIDEWALK Ricbard J. Schiltz, Mercbants Mu- tual Bonding Co. Respectfully, Gilbert D. Chavenelle, City Manager Traffic Signals at University Avenue and Nevada The request for traffic signals at University and Nevada has been reviewed, and the traffic commit- tee looks with considerable favor on such an installation. The esti- mated cost of the installation is approximately $10,000.00, or half of tbe 1967 appropriation. Conse. quently, under any circumstances ,",,"''''*'' --- ~ ~I i '~ ,~i i~ II ~i~ I ~ 11 ::~I ;~i 'il ~:I 349 Absent-Councilman Schultz. Councilman McCauley moved that the rule requiring an ordi- nance to be read on three separate days be waived. Seconded by Ma- yor Pregler. Carried by the follow- ing vote: Yeas - Mayor Pregler. Coun- cilmen Ludwig, McCauley, Pfohl. Nays-None. Absent-Councilman Schultz. ORDINANCE NO. 42.-66 AN ORDINANCE AMENDING ORDI- ~~~~~JcN86D~.gF ~~g'lY~utSlo:J~IE BY REPEALING SECTION 12.2 THERE- OF AND ENACTING A NEW SECTION 12.2 IN LIEU THEREOF REQUIRING VEHICLES INTENDING TO MAKE A LEFT TURN AT AN INTERSECTION TO YIELD THE RIGHT OF WAY. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF CITY OF DUBUQUE, IOWA: Section 1. That Ordinance No. 33-49. be and the same Is hereby amended by repealing Section 12.2 thereof and enact. ing a new Section 12.2 in lieu thereof as follows; "12.2. The driver of a vehicle within an intersection intending to turn to the left shall yield the right-of-way to all ~rrhJ~lr;n ~tft~~a~~gwir~?:." th~esegngr~~ so close thereto as to constitute an Im- mediate hazard, then said driver, hav- ing so yielded and having given a signal ~~~n ~~~ea~u~~qu~r~tblu~~~' Ordinance, Passed, adopted and approved this 6th day of seJl'X~ftrR i.Dpd~&LER, Mayor M. SYLVESTER McCAULEY ELDON A. PFOHL RICHARD LUDWIG Adjourned Regular Session, September 6, 1966 ORDINANCE NO. 41-66 An Ordinance amending the Zoning Ordinance of the City of Dubuque by repealing Section 2 of Article 4 of the Zoning Ordi- nance of Dubuque and enacting a substitute therefore to author- ize additional uses in the mul- tiple residence District, presented and read. Mayor Pregler 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. Nays-None. Absent-Councilman Schultz. Mayor Pregler moved that the rule reqUiring an Ordinance to be read on three separate days be waived. Seconded by Councilman McCauley. Carried by the fol1ow- ing vote: Yeas - Mayor Pregler, Counci men Ludwig, McCauley, Pfohl. Nays-None. Absent-Councilman Schultz. Mayor Pregler moved that a public hearing be held on the Or- dinance on October 3, 1966, at 7:30 P.M.(D.S.T.) in the Council Chamber at the City Ral1 and tbat the City Clerk be instructed to publish notice of the hearing in the manner required by law. Sec- onded by Councilman Ludwig. Carried by the following vote: Yeas - Mayor Pregler, Coun- cilmen Ludwig, McCauley, Pfohl. Nays-None. Absent-Councilman Schultz. Adjourned Regular Session, September 6, 1966 Notice of claim of Janet Reisen, in an unspecified amount, for per- sonal injuries received while play. ing at Flora Park, due to faulty equipment, on July 17, 1966, pre- sented and read. Councilman Pfobl moved tbat the notice of claim be referred to the City So. Hcitor for investigation and re- port. Seconded by Councilman Mc- Cauley. Carried by tbe fol1owing vote: Yeas - Mayor Pregler, Coun- cilmen Ludwig, McCauley, Pfohl. Nays-None. Absent-Councilman Schultz. Notice of suit of Marcella Roe- der, in the amonnt of $3100., for personal injuries received in a fall on a defective sidewalk at 698 Central Avenue on May 28, 1966, presented and read. Councilman Pfohl moved tbat the notice of suit be referred to the City Solici- tor for investigation and report. Seconded by Councilman McCau- ley. Carried by the fallowing vote: Yeas - Mayor Pregler, Council- men Ludwig, McCauley, Pfohl. Nays-None. Absent-Councilman Schultz. Attest: Leo F. Frommel City Clerk H::'~~Jis~~ws~~~~~I[rhdn12r~e da~el~r~~~ tember 1966. LEO F. Councilmen 1966 n.9/12 Councilman McCauley moved adoption of the Ordinance. Second- ed by Mayor Pregler. Carried by the following vote: Yeas - Mayor Pregler, Council. men Ludwig, McCauley, Pfohl. Nays-None. Absent-Councilman Schultz. FROMMELT City Clerk ORDINANCE NO. 43-66 An Ordinance Amending Ordin- ance No. 33-49, known as the Traffic Code of Dubuque, Iowa, by repealing Section 17.1 there- of and enacting a new section 17.1 in lieu thereof providing for the display of lighted head- lamps on motor vehicles in cer- tain conditions, presented and read. ORDINANCE NO. 42-66 An Ordinance Amending Ordin- ance No. 33-49, known as the Traffic Code of Dubuque, Iowa, by repealing Section 12.2 there- of and enacting a new section 12.2 in lieu thereof requiring vehicles intending to make a left turn at an intersection to yield the right of way, presented and read. Mayor Pregler moved that the reading just had be considered the first reading of the Ordinance. Sec. onded by Councilman Ludwig. Car- ried by the following vote: Yeas - Mayor Pregler, Council men Ludwig, McCauley, Pfobl. Nays-None. Absent-Councilman Schultz. Councilman McCauley m 0 v e d that the reading just had be con. sidered the first reading of the Ordin~ce. Seconded by Mayor Pregler. Carried by tbe following vote: Yeas - Mayor Pregler, Council men Ludwig, McCauley, Pfohl. Nays-None. Gentlemen: At a regular meeting of the Du. buque Planning and Zoning Com- mission held on August 11, 1966 a publiC hearing was held and the following recommendation is made to tbe City Conncil: That the Planning and Zoning Commission recommend to the City Council that Article 4, Multi- ple Residence District, Section 2, be amended to include profession- al office uses within certain de- scribed areas. The proposed Ordi- amendment is attached nance hereto. Respectfully submitted, Dubuque Planning and Zoning Commission Frank J. Glab, Secretary Mayor Pregler moved that the communication be received and filed. Seconded by Councilman Mc- Cauley. Carried by the following vote: Yeas - Mayor Pregler, Coun. cilmen Lndwig, McCauley, Pfobl. Nays-None. Absent-Councilman Scbultz. 1 :1 '.1.1 '~ ~i 348 flush or projects somewhat beyond the curb toward the street and while parking his vehicle the door handles on his right side came in jContact with said tree causing the alleged damages. I have made an investigation of this matter particularly with refer- ence to the stated law in the mat- ter and it is my opinion that the claim of Mr. Niedert should be denied. It is therefore the recommendation of the City Atorney tbat the claim of Mr. C. J. Niedert in the amount of $83.12 be denied. Original claim of Mr. Niedert is attached hereto. Respectfully submitted, R. N. Russo, City Attorney Councilman McCauley moved that the recommendation of the City Attorney be approved. Sec- onded by Councilman Ludwig. Car- ried by the following vote: Yeas - Mayor Pregler, Council- men Lndwig, McCauley, Pfohl. Nays-None. Absent-Councilman Schultz. 24, August Mayor To the Honorable and City Council Hon. Mayor & City Council Gentlemen: On August 9, 1966, Roger Zen- ner of 2005 N. Main Street, filed claim against the City of Dubuque, Iowa, in the amount of $200.00 for failure of contractor to replace broken sidewalk. I have conferred with the insur. ance adjuster for the Thomas Flynn Coal Co. who have advised me that they have paid Mr. Zenner for cost of replacing said sidewalk and therefore in view of the fore- going it is the recommendation of the City Attorney tbat tbe claim of Mr. Zenner heretofore filed be denied for the foregoing reasons. Original claim is attached here- to. Respectfully submitted, R. N. Russo City Attorney Mayor Pregler moved that the recommendation of the City At. torney be approved. Seconded by Councilman pfohl. Carried by the following vote: Yeas - Mayor Pregler, Coun- cilmen Ludwig, McCauley, Pfohl. Nays-None. Absent-Councilman Schultz. September 2, 1966 41"... 1 .1 j "" II *1 ,. ij ,J ~ II ;" f ~' ~Ii ~J: I ~ ~ ~il ~ ""J :,1:) ;j\( '~I 1'1 ~1 .~ ~'( ~ ,~I l~ ~f 351 Councilman Ludwig, Carried by the fOlowing vote: Yeas - Mayor Pregler, Cound men Ludwig, McCauley. Pfohl. Nays - None. Absent - Councilman Schultz. Petition of Nellie Bies of 1617 Kebbie Drive requesting the in- stallation of water in Bies Sub- division, presented and read. Mayor Pregler moved that the petition be referred to the City Manager and Engineering Department. Sec- onded by Councilman McCauley. Carried by the following vote: Yeas - Mayor Pregler, Council men Ludwig, McCauley, Pfohl. Nays-None. Absent - Councilman Schultz. Petition of Chamber of Com- merce requesting the closing of 7th Street from Locust to Bluff Street from October 5tb to October 8th for the purpose of conducting an Industrial Fair. presented and react. Councilman Pfohl moved that the petition be approved. Seconded by Councilman Ludwig. Carried by the following vote: Yeas - Mayor Pregler, Council men Ludwig, McCauley, Pfohl. Nays - None. Absent-Councilman Schultz. Petition of Wilfred & Mary Nest- or requesting deletion from the sidewalk project along the east side of Bunker Hill Road from tbe inter- section of Bunker Hill Road and Asbury Road south to the alley claiming that the property does not belong to the City, presented and read. Mayor Pregler moved that the petition be referred to the City Manager and Engineering De- partment for investigation and re- port. Seconded by Councilman McCauley. Carried by tbe following vote: Yeas - Mayor Pregler, Council men Ludwig, McCauley, pfohl. Petition of Peoples Natural Gas requesting permission to excavate on Cbaney Road (10 yr.) bteween St. Anne Drive and Pennsylvania Avenue, presented and read. Coun- cilman Pfohl moved that the peti- tion be granted. Seconded by Ma- yor Pregler. Carried by the follow- ing vote: Yeas - Mayor Pregler, Counci men Ludwig, McCauley, Pfohl. Nays - None. Absent - Councilman Schultz. Adjourned Regular Session, September 6, 1966 ~ OFFICIAL PUBLICATION ORDINANCE NO. 45-66 AN ORDINANCE AUTHORIZING DAV- ID S. & JUDITH A. KANE TO. CON- STRUCT A STONE RETAINI,NG BrA\'4=.' ORDAINED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE, IOWA: sectron 1. That David S. & Judith A. Kane as owners of the premises known as Lot 1-2 of M.L. 312 & Lot 1-1-3 of M.L. 312 In the City of DubUQue be, and they are hereby granted the revoc- able license and authority to construct and maintain a Stone Retaining WaH under the terms and conditrons set forth In this Ordinance: Section 2. That such construction Shall f:fo~~ne sJ~m<W~dag~e ~~t~Pt~~~ h:~~ approved by CIty Manager, under the supervision and direction of the City Manager, and In accordance with all applicable state and federal laws and regulations, and the ordinances of the City of Dubuque. SectIon 3. That the permission hereIn !ilranted Is expressly conditioned on per- mlHees agreement to: (a) Assume any and all liability for damages to persons or property which mav result from the ex- Istence, construction or malnte- (b) q.~nC::a~ ~~Idb~~~~f :,et~~ln~it~a~f DubUQue all sums which the City of Dubuque shall become ob- ligated to pay by reason of the liability JrnPOsed upon the CIty of Dubuque for damages of any kind resulting from the existence, construction or malnt.nance of said Stone Retaining Wall, :~~I~e:ss:r b~nYaccl~~t" o~r ot~:~: wise. to defend at Its own expense and on behalf of sard City any ~ua~~ aa,.,:Iw:t ou\heof ~h': e~tste~g~ construction or maintenance of !laid Stone Retaining Wall. gr~n It ~:r'es~~: ~nr:1liWc1g~d h'ii:J~ ~rnm,,.,s ~~~rl:n~e:m~~~emat g~~~y~g be rescinded or revoked bv the Cltv Council. permlHees, or their successors In Interest. as owners of the abutting Pf'Operty, shall within thirty (3D) davs after receipt of written notice from the City Manager, so to do, at thefr f:i'~n:x~~~, an'aml~vethesa~~en~to~fe th~fr failure so to do, the City of Dubuque shall be authorized to remove said Stone Retaining Wall, at permittees expense and diSPOse of the same, and the per- mittees shall have no claim against the City or Its a~nts for damages resulting from the removal of said Stone Retain- Ing Wall. Section 5. This Ordinance shall be- come effective and the rights hereunder accrue to DAVID S. & JUDITH A. !CAN-E When this Ordinance has been =;ed a:! ciridltf~Z ~~r~J ~~ep:~~ bv permlHees by acceptance endorsed on this Ordinance. Passed, adopted and a~roved Ihls 6th day of September", A.D., 1966. Walter A. t'regler, :~Y'!~lvester McCau,lev Eldon A. Pfohl Richard Ludwig Councilmen Attest: Leo F. Frommelt City Clerk j~' }l " w $, l Adjourned Regular Session, September 6, 1966 Absent - Councilman Schultz. Councilman Ludwig moved that the rule requiring an Ordinance to be read on three separate days be waived. Seconded by Councilman McCauley. Carried by the following vote: Yeas - Mayor pregler, Council- men Ludwig, McCauley, pfohl. Nays-None. Absent-Councilman Schultz. FROMMELT City Clerk. moved adop- Seconded by Carried by ORDINANCE NO. 44-66 AN ORDINANCE AMENDING ORDI- NANCE NO. 33-49. KNOWN AS "THE TRAFFIC CODE OF DUBUQUE, IOWA" BY ADDING A NEW SUBSECTION 88 TO SCHEDULE VI TO PROVIDE FOR THE PROHIBITING OF PARKING OF MOTOR VEHICLES ON THE EAST SIDE OF NEVADA STREET FROM UN IVERSITY AVENUE TO MARTHA STREET. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF CITY OF DUBUQUE, IOWA: Section 1. That Ordinance No. 33-49, known as "The Traffic Code of DubUQue, Iowa" be and the same is hereby amend- ed by adding a new subsection 88 to Schedule VI thereof as follows: "SCHEDULE VI 88. The east side of Nevada Street from University Avenue to Martha Street." Passed. adopted and approved this 6th day ot September, A.D., 1966. WALTER A. PREGLER, Mayor M. SYLVESTER McCAULEY ELDON A. PFOHL RICHARD LUDWIG Councilmen 11.9/12 Councilman Ludwig tion of the Ordinance. Councilman McCauley. the following vote: Yeas - Mayor Pregler, Council men Ludwig, McCauley, Pfobl. Nays-None. Absent - Councilman Schultz. Attest: Leo F. Frommer: City Clerk Published officiallv in The Telegraph- Herald Newspaper thIs 12th day of Sep- tember 1966. LEO F. ORDINANCE NO. 43-66 AN ORDINANCE AMENDING ORDI- NANCE NO. 33-49, KNOWN AS "THE TRAFFIC CODE OF DUBUQUE, IOWA", BY REPEALING SECTION 17.1 THERE- OF AND ENACTING A NEW SECTION 17.1 IN LIEU THEREOF PROVIDING FOR THE DISPLAY OF LIGHTED HEADLAMPS ON MOTOR VEHICLES IN CERTAIN CONDITIONS. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF CITY OF DUBUQUE, IOWA: Section 1. That Ordinance No. 33-49 be and the same Is hereby amended by re-- rn;aling Section 17.1 thereof and by enact- J:?io~s~ew Section 17.1 in lieu thereof as "17.1. Everv motor vehicle upen a street within the City, at any time from sunset to sunrIse, and at such other times when condlllons such as fog/ rain, snow, or sleet provide Insufficient lighting to render clearlY discernible persons and vehicles on the street at a distance of five hundred (500) feet ahead shall dls- ~~~lo~i9hl~8 h~~d'~~di~a;ge PW~.id~-4~~ sub1ect to exceptions with respect to parked vehicles hereinafter stated, In Ordinance No. 33-49." Passed, adopted and approved this 6th day of S~~~~~ ~:DpRl~~i..ER, Mayor M. SYLVESTER McCAULEY ELDON A. PFOHL RICHARD LUDWIG Councilmen Mayor Pregler moved adoption of the Ordinance. Seconded by Councilman Ludwig. Carried by the following vote: Mayor Pregler moved that the rule requiring an Ordinance to be read on three separate days be waived. Seconded by Councilman Ludwig. Carried by the following vote: Yeas - Mayor Pregler, Council men Ludwig, McCauley, Pfohl. Nays-None. Absent - Councilman Schultz. AHest: Leo F. Frommel City Clerk Published officially In The Telegraph- Herald Newspaper this 12th daY of Sep- tember 1966. LEO F. FROMMELT 1 9/12 City Clerk. 350 ACCEPTANCE OF ORDINANCE NO. 45-66 The undersigned haVing read and be- IFlg familiar with the terms and con- emlons of Ordinance No. 45-66 hereby, for themselves, their successors or es- s~~s. aaJc ornw;~ O:ar:.~e aa~J'tt~3r~roto ~ boUnd ~v the conditions and agree- ments thereIn contained to be performed by permittees. Dated September 12, 1966. Bv David S. Kane, Bv Judith A. Kane Property owners Published Officially In the Telegraph- Herald Newspaper this 15th dav of SeP- tember, 1966. Leo F. Frommert, City Clerk. It.9-15 Councilman pfohl moved adop. lion of the Ordinance. Seconded by f I '} y ~ {, << ~ r r ., ! ORDINANCE NO. 45-66 An Ordinance authorizing David S. & Judith A. Kane to construct a stone retaining wall, presented and read. Councilman pfohl 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, Council- men Ludwig, McCaUley, Pfohl. Nays - None. Absent - Councilman Schultz. Councilman Pfohl moved that the rule requiring an Ordinance on three separate days be waived. Sec- onded by Mayor Pregler. Carried by the following vote: Yeas - Mayor Pregler, Council- men LUdwig, McCauley, Pfohl. Nays - None. Absent-Councilman Schultz. Yeas - Mayor Pregler, Council men Lndwig, McCauley, Pfobl. Nays-None. Absent-Councilman Schultz. ORDINANCE NO. 44-66 An Ordinance amending Ordin- ance No. 33-49, known as the Traffic Code of Dubuque, Iowa, by adding a new subsection 88 to Schedule VI to provide for the prohibiting of parking of motor vehicles on the East side of Nevada Street from Univer- sity Avenue to Martha Street, presented and read. Councilman Ludwig moved that the reading just had be considered the first reading of the Ordinance. Seconded by Councilman McCauley. Carried by the following vote: Yeas - Mayor Pregler, Council- men Ludwig, McCauley, Pfohl. Nays-None. -.-.... I , ~ ,I I !' 'I ~I ~ II ~1 ii ,~ 'I iil '. i I., '1 ;ii ; 1 1 ~! ;:1 !! 353 plans, specifications and forms of contract for the extension, lighting and drainage of runway 13-13 and taxiway and the securing of addi- tional clear zone easements at the Dubuque Municipal Airport in Du- buque County, Iowa and for the City of Duhuque1 Iowa, be and the same are hereby approved and con- firmed. Passed, adopted and approved this 6th day of September, A.D., 1966. Walter A. Pregler Mayor M. Sylvester McCauley Eldon A. pfobl 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: Yeas - Mayor Pregler, Council men Ludwig, McCauley, pfohl. Nays-None. Absent - Cou RESOLUTION NO. 248-66 WHEREAS, on tbe 23rd day of Angust, 1966, at 7:30 o'clock P.M., Daylight Saving Time, at the Coun- cil Chamber in the City Hall in tbe City of Dubuque, Iowa, hearing on proposed plans, specifications and forms and form of contract for the extension, lighting and drainage of runway 13-13 and taxiway and the securing of additional clear zone easement at tbe Dnbuque Muncipal RESOLUTION NO. 249-66 Airport in the County of Dubuque, Restlution Setting Forth, Terms Iowa, and for the City of Dubuque, of Agreement by and Between Iowa, came on for hearing in its Mulgrew Oil Company and the regular order pursuant to publish- City of Dubuque, Iowa ed notice; and WHEREAS, pursuant to agree- WHEREAS, tbere were no writ- ment by and between the City of ten objections nor oral objections Dubuque, Iowa and Mulgrew Oil to said proposed plans, specifica- Company dated August 30, 1960, tions and form of contract for the Mulgrew Oil Company has con- extension, lighting and drainage structed and installed in Asbury of runway 13-13 and taxiway and Road just west of the J. F. Ken- the seCuring of additional clear nedy Road a 12-inch water main zone easements at the Dubuque and for which the City of Dubu- Municipal Airport in Dubuque que, agrees to pay to Mulgrew Oil County, Iowa; and Company the SUm of $967.04; and WHEREAS, proof of publication WHEREAS, and in consideration of the notice of time and place of of tbe receipt of payment of $967. hearing upon proposed plans, spec- 04 from the City of Dubuque to ifications and forms of contract Mulgrew Oil Company, the Mul- for the extension, lighting and grew Oil Company foregoes any drainage of runway 13-13 and taxi- and all rights to collect from any- way and securing of additional one as connection charge to said clear zone easements at the Dubu- 12-inch water main which connec- que Municipal Airport in Dubuque tion charge was stipulated and pro- County, Iowa and for the City of vided for in said agreement herQ- Dubuque, Iowa, was filed showing inabove referred to dated the 6th said notice had been published as day of September, 1960; and set out by the affidavit of publisb. WHEREAS, the City of Dubuqne agrees tbat when Lot 14 of Block 1 of Westchester Subdivision in the City of Dubuque, Iowa, connects up to the sanitary sewer installed by Mulgrew Oil Company pnrsuant to ncHman Schultz. Adjourned Regular Session, September 6, 1966 Passed, adopted, and approved tbis 6tb day of September, 1966. Walter A. Pregler Mayor M. Sylvester McCanley 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 fol- lowing vote: Yeas - Mayor Pregler, Council men Ludwig, McCauley, Pfohl. Nays--None. Absent - Councilman Schultz. er. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF CITY OF DUBUQUE, IOWA: Section 1. That the proposed Adjourned Regular Session, September 6, 1966 pired portion of cigarette license No. 211, as he has discontinued business on 9-5-66, presented and read. Councilman Ludwig moved that tbe refund be granted and the Auditor instructed to issue proper warrant. Seconded by Mayor Preg- ler. Carried by the following vote: Yeas - Mayor Pregler, Coun- cilmen Ludwig, McCauley, pfohl. Nays-None. Absent - Councilman Schultz. ~ ~' :i! RESOLUTION ANNEXING CERTAIN TERRITORY NO. 247-66 WHEREAS, the owners of an area aprpoximately 7.5 Acres in size immediately adjoining the southerly city limits of the City of Dubuque, Iowa. WHEREAS, the inbabitants of said territory will be enabled to secure the benefits of city govern- ment in the way of police and fire protection if said territory is in. corporated within the city limits of the City of Dubuque, Iowa; and WHEREAS, the inhabitants of said territory will be enabled to secure water, and other municipal services if said territory is in~ corporated within the city limits of the City of Dubuque, Iowa; and WHEREAS, Section 362.30 Code of Iowa, 1962, authorizes the exten- sion of city limits in situations of this character by the adoption of 3. resolution therefor; and WHEREAS, the future growth, development, and preservation of the public health of the City of Dubuque, Iowa, makes it impera- tive that said territory be made a part of the City of Dubuque. Iowa; and NOW, THEREFORE, be it resolv- ed by the City Council of tbe City of Dubuque, Iowa, that the territor- ial limits of the City of Dnbuque, Iowa be and they are hereby ex- tended to include the area com- prising the following described real estate: This area is as shown on the plat atached hereto, and by tbis reference Dl8de a part hereof, the boundaries of said area being out- lined in red thereon. Lot 1-1 of Harwood Place in Dubuque Township, Dubuque County, Iowa, acording to the recorded plat thereof. Nays-None. Absent - Councilman Schultz. Petition of Dubuque Community School District requesting the in- stallation of school zone and speed limit signs on all streets adjacent to schools, presented and read. Mayor Pregler moved that the peti- tion be referred to the Manager and Traffic Department for investi- gation and report. Seconded by Councilman Pfobl. Carried by the following vote: Yeas - Mayor Pregler, Council- men Ludwig, McCauley, pfobl. Nays - None. Absent - Councilman Schultz. Petition of Northwestern Bell Telephone Co. requesting permis- sion to excavate at Kaufmann Ave- nue and Chaney Road, presented and read. Mayor Pregler moved that the petition be approved. Sec- onded by Councilman McCauley. Carried by tbe following vote: Yeas - Mayor Pregler, Coun- cilmen Ludwig, McCauley, Pfohl. N ays--N one. Absent-Councilman Schultz. Petition of Braconier Plumbing & Heating Co., requesting a refund of $27.00, being an amount paid in duplicate for plumbing and heating permits in error, said amount ap- proved by the Plumbing & Heating Inspector, presented and read. May- or Pregler moved that the refund be granted and tbe Auditor in- structed to issue proper warrant. Seconded by Councilman McCauley. Carried by the following vote: Yeas _ Mayor Pregler, Council- men Ludwig, McCauley, Pfohl. Nays - None. Absent - Councilman Schultz. Petition of American Legion re- questing a refund of $75.00 on the unexpired portion of cigarette license No. 226, as they have dis. continued business on 8-1-66, pre- sented and read. Councilman Lud- wig moved that the refund be granted and the Auditor instructed to issue proper warrant. Seconded by Mayor Pregler. Carried by the following vote: Yeas - Mayor Pregler, Council- men Ludwig, McCauley, pfohl. Nays-None. Absent - Councilman Schultz. Petition of Ravis Parker, request- ing a refund of $75. on tbe unex- 352 I II I I I :iI fj f] I ~I ~I ~ ,~ i~1 :i i l' ~ ;~, ~i( 355 RESOLUTION NO. 251-66 WHEREAS, applications for Beer Permits have been submitted to this Council for approval and the- same have been examined: NOW THEREFORE, BE IT RESOLVED by the City Council of the City of DUbuque, Iowa, tbat 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 Kathleen Wedig, 1399 Jackson Street, (Transfer from 399 East 20th Street) Emma M. Scherer, 1187 Iowa Street Thelma F. Mardauss, 1091 White Street Leona R. Friedman, 620 East 16th Street Francis T. Kobl, 1700 Central Avenue Jobn Cavanaugb, 698 Central Ave- Nays - None. Absent - Councilman Schultz. Adjourned Regular Session, September 6, 1966 ACCEPTANCE OF PROVISIONS OF RESOLUTION Mulgrew Oil Company of Dubn- que, Iowa, herewith accepts and agrees to be bound by the terms and provisions of the foregoing Resolution, and Mulgrew Oil Com- pany berewith understands and agrees that the terms and provi. sions of the foregoing Resolution supersede and are in lieu of agree- ment dated September 26, 1960 by and between City of Dubuque, Iowa and Mulgrew Oil Company and it agrees and understands that the terms and provisions of said agree- ment of September 26, 1960, upon the adoption of this Resolution be of no further force or effect. MULGREW OIL COMPANY By James P. Mulgrew, Its Vice President Councilman Ludwig moved adop- tion of the resolution. Seconded by Mayor Pregler. Carried by the following vote: Yeas - Mayor Pregler, Council men Ludwig, McCauley, pfob!. Nays-None. Absent-Councilman Schultz. :{i, t ~" *' Jif\ t ~ ~ , ~ \ East CLASS "C" BEER PERMIT Thomas A. Oeschger, 815 West 5th Street Randalls Foodarama, Inc., 2600 Dodge Street Plaza 20 Passed, adopted and approved this 6tb day of September, 1966. Walter A. Pregler Mayor M. Sylvester McCauley 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, Council- men Ludwig, McCauley, Pfohl. Nays-None. Absent-Councilman RESOLUTION NO. 252-66 WHEREAS, applications for Beer Permits were filed by the within named applicants and they I Schnltz. 385 Ferring, nue Theodore J. 13th Street RESOLUTION NO. 25Q.66 BE IT RESOLVED by tbe City Council of the City of Dubuque, Iowa, that the fOllowing having complied with the provisions of law relating to the sale of Cigar- ettes within the City of Dubuque, Iowa, be granted a permit to sell Cigarettes and Cigarette Papers within said City. Name Address Katbleen Wedig, 1399 Jackson St. (Transfer from 399 East 20tb St.) Be it further resolved that the bonds filed witb the application be approved. Passed, adopted and approved this 6th day of September, 1966. Walter A. Pregler Mayor M. Sylvester McCauley Eldon A. pfohl Richard Ludwig Councilmen Attest: Leo F. Frommelt, City Clerk Councilman LUdwig moved ad- option of the resolution. Seconded by Mayor Pregler. Carried by tbe following vote: Yeas - Mayor Pregler, Council- men Ludwig, McCauley, Pfohl. of the certified cost of said a-inch sanitary sewer constructed by Mul- grew Oil Company in Asbury Road just west of J. F. Kennedy Road pursuant to its agreement dated September 26, 1960, and the City of Dubuque, Iowa, thereupon shall collect said connection charge for the Mulgrew Oil Company when said connection is made and forth- with remit the same to the said Mulgrew Oil Company. Section 4. That as part of the consideration hereof Mulgrew Oil Company sbaH grant unto City of Dubuque, Iowa, a perpetual right and easement in, over and across that portion of tbe Mulgrew Oil Company property for the installa- tion, maintenance and repair of an a-inch sanitary sewer, which a-inch sanitary sewer shall be constructed in the northerly limits of Mulgrew Oil Company property, said ease. ment shaH be at least fifty (50) feet for construction purposes and twenty (20) feet in width for maintenance and repair purposes, which easement shall be at no cost to the City. Section 5. That tbe City of Du- buque, Iowa, herewith does repre- sent to Mulgrew Oil Company that upon the extension of the 12-inch water main along the Lot or Lots owned by Mulgrew Oil Company other than Lot 1 of Henry Ziegler's Subdivision said installation shall be upon the special assessment basis according to the rules and regulations and laws pertaining to special assessments for the installa- tion of water mains in the City of Dubuque, Iowa. Section 6. Upon acceptance of the provisions of this Resolution by Mulgrew Oil Company of Dubuque, Iowa the agreement dated Septem- ber 26, 1960 by and between tbe City of Dubuque, Iowa, and Mul- grew Oil Company be and the same is herewith superseded and is of no further force and effect. Passed, adopted and approved tbis 6th day of September, 1966. Walter A. Pregler Mayor M. Sylvester McCauley Eldon A. pfohl Richard Ludwig Councilmen Adjourned Regular Session, September 6, 1966 Attest: Leo F. Frommelt, City Clerk agreement by and between Mul- grew Oil Company and City of Du. buque, Iowa, dated September 26, 1960, that the owner of said prop- erty shall pay a connection charge of 250/490 of the certified cost of the 8-inch sanitary sewer con- structed and installed by Mulgrew Oil Company in Asbury Road jnst west of J. F. Kennedy Road pur- suant to its agreement dated Sep- tember 26, 1960, and tbe cost of said sewer has been certified to the City of Dubuque, Iowa, will col. lect the connection charge and re- mit the same to Mulgrew Oil Com. pany when connection is made to said sanitary sewer. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. City of Dubuque Water Department does hereby agree to pay upon the acceptance of the terms of this Resolution to Mul. grew Oil Company the sum of $967.04 for the costs of 12.incb water main that said Company has constructed and installed in As- bury Road just west of J. F. Ken- nedy Road pursuant to its agree- ment witb City of Dnbuque, Iowa, dated September 26, 1960. Section 2. That upon payment of said amount of $967.04 by tbe City of Dubuque Water Department to Mulgrew Oil Company that any and all rights which said Mulgrew Oil Company had or has by virtue of its agreement with the City of Dubuque as set out in its agree- ment dated September 26, 1960 pertaining to said water main be and the same are hereby declared cancelled and of no further force or effect and that tbe said com- pany shall have no further rights in and to said water main for pur- poses of connecting any connec- tions thereto as contemplated by the agreement dated September 26, 1960 and Mulgrew Oil Company shall no longer be entitled to re- ceive or collect collection charges for connection to said water main. Section 3. That the City of Du- buque, Iowa, agrees that when Lot 14 of Block 1 of Westchester Sub- division connects up to the sanitary sewer, the owner of said Lot 14 of Block 1 of Westchester Subdivision in the City of Dnbuque, Iowa, shall pay a connection charge of 250/490 354 ......,',,""',"" 357 1966 1966 Nays-None. Absent-Councilman Schultz. Leo F. Frommelt City Clerk Adjourned Regular Session, September 6, 1966 Approved. Adopted. Passed, adopted and approved this 6tb day of September, 1966. Walter A. Pregler Mayor M. Sylvester McCanley Eldon A. pfohl Richard Ludwig Councilmen Attest: Leo F. Frommelt, City Clerk Councilman McCauley m 0 v e d adoption of the resolution. Sec- onded by Councilman Pfohl. Car. ried by the following vote: Yeas-Mayor Pregler, Council- men Ludwig, McCauley, Pfohl. Nays-None. Absent-Councilman Schnltz. There being no further business Councilman Ludwig moved to ad- journ. Seconded by Councilman pfohl. Carried by the following vote: %' Councilmen Attest Council- pfohl. Yeas-Mayor Pregler, men Ludwig, McCauley, .................... City Clerk t ill I' i 'Ilt,~ I ~ ~ Adjourned Regular Session, September 6, 1966 the same have been examined, NOW THEREFORE BE IT RE- SOLVED, by the City Council of the City of Dubuqne, Iowa, that the fo II owi n g applications be granted and licenses issued upon the compliance with the terms of the lOW A LIQUOR CONTROL ACT-CHAPTER 123-as amend- ed by tbe 60th General assembly, 1963. Name Address CLASS "C" COMMERCIAL ESTABLISHMENT John Cavanaugh, 698 Central Ave. nue Thelma Mardauss, W hit e Street Passed, this 6th 1091 adopted and approved day of September, 1966. Walter A. Pregler Mayor M. Sylvester McCauley Eldon A. pfohl Richard Ludwig Councilmen have received the approval of this Council; and WHEREAS, the premises to be occupied by such applicants were inspected and found to comply with the ordinances of this City and they have filed proper bonds: NOW THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the Manager be and be is bereby directed to issue to the following named applicants a Beer Permit. 356 Name Address CLASS "B" BEER PERMIT Katbleen Wedig, 1399 Jackson Street. (Transfer from 399 East 20th Street Emma M. Scherer, Street Thelma F. Mardauss, Street Leona R. Friedman, Street Francis T. Kohl. Iowa White 1187 1091 16th East 620 Ave- 1700 Central Schultz. RESOLUTION NO. 25-U6 WHEREAS, applications for liq- uor Permits were filed by the within named applicants and they have received the approval of this Council, and WHEREAS, the premises to be occupied by such applicants were inspected and found to comply witb the State Law and all City ordinances relevant thereto and they have filed proper bonds; NOW THEREFORE BE IT RE- SOLVED by tbe 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 "C" COMMERCIAL ESTABLISHMENT John Cavanaugb, 698 Central Ave- te Attest: Leo F. Frommelt, City Clerk Councilman pfohl moved adop- tion of the resolution. Seconded by Councilman McCauley. Carried by the follOwing vote: Yeas-Mayor Pregler, Council men Ludwig, McCauley, Pfohl. Nays-None. Absent-Councilman 1091 Wh nue Thelma Mardauss, Street Ave- CLASS "C" BEER PERMIT Thomas A. Oeschger, 815 West 5th Street Randalls Foodarama, Inc., 2600 Dodge Street Plaza 20 BE IT FURTHER RESOLVED tbat the bonds filed by such ap- plicants be and the same are hereby approved. Passed, adopted and approved this 6th day of September, 1966. Walter A. Pregler Mayor M. Sylvester McCauley Eldon A. pfohl Ricbard Ludwig Councilmen 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, Council- men Ludwig, McCauley, pfohl. Nays-None. Absent-Councilman Schultz. RESOLUTION NO. 253-66 WHEREAS, applications for Liq. uor Permits have been submitted to this Conncil for approval and 698 Central nue Theodore J. Ferring, 385 East 13th Street -~ 359 Car- 1966 onded by Councilman pfohl. ried by the fOllowing vote: Yeas-Mayor Pregler, Conner men Ludwig, McCaUley, PloW. Nays-None. Absent-Councihnan Schultz. Council Ludwig moved that the certified checks of the unsuccess- ful bidders be returned. Seconded by Councilman McCauley. Carried by tbe following vote: Yeas-Mayor Pregler, Council- men Lndwig, McCauley, Pfohl. Nays-None. Absent-Councilman Schultz. There being no further business Councilman Ludwig moved to ad. journ. Seconded by Councilman McCauley. Carried by the follow- ing vote: Yeas-Mayor Pregler, Council men LUdwig, McCauley, pfohl. Nays-None. Absent-Councilman Schultz. Leo F. Frommelt City Clerk Special Session, September 8, and aeemed interest plus a pre- mium of $100.00, with all of the bonds to bear interest at the rate of four per cent (4%) per Bonton; NOW, THEREFORE. Be It Re- solved by tbe City Council of tbe City of Dubnqne, Iowa, as follows: Section 1. That upon being duly advised in the premises it is here- by determined that the bid of Dubuque Bank and Trust Com- pany for the purcbase of $175,000 Airport Bonds of said City, dated September 1, 1966, as advertised, bearing interest at the rate of four per cent (4%) per annum, is the highest and best bid received and that said bonds be and the same are hereby awarded to said Dnbuque Bank and Trust Com. pany. Section 2. That the form of agreement of sale of said bonds be and the same is hereby ap- proved, and the Mayor, City Clerk and City Treasurer are hereby authorized to accept and execute tbe same for and on bebalf of the City of Dubuque, Iowa, and to affix the corporate seal of said City thereto. I 966. Approved ...............1966. Adopted resolutions in conflict same are September A. Pregler Mayor Councilmen City Clerk 1 1966 provement of the sented and read. No written objections were filed and no oral objectors were pres- ent in tbe Council Chamber at the time set for the public hear- ing. Councilman Ludwig moved that the proof of publication be received and filed. Seconded by Mayor Pregler. Carried by the f01 lowing vote: Yeas-Mayor Pregler, Council men Ludwig, McCauley, Pfohl. Nays-None. Absent-Councilman Schultz. At 7:30 P.M. receipt of sealed bids was declared closed. The Clerk tben asked for oral bids but none were offered or pre- sented. Mayor Pregler moved that oral bidding be closed. Seconded by Councilman McCauley. Carried by the following vote: Yeas-Mayor Pregler, Council. men Ludwig, McCanley, pfohl. N ays-N one. Absent-Councilman Scbultz. The following sealed bids were received and opened: pre- Airport, Session, September 8, Specia 8, 1966. Council met at 7:30 P.M. (D.S.T.) Present-Mayor Pregler, Coun. cilmen Ludwig, McCauley, pfohl. City Manager Gilbert D. Chaven. elle. Absent-Councilman Schultz. Mayor Pregler read the call and stated that service thereof had been duly made and this meeting is called for the purpose of con. sidering adoption of a resolution providing for the sale and award of $175,000 Airport Bonds and approving and authorizing the agreement of such sale and award and acting upon such other bus- iness as may properly come be- fore a regular meeting of the City Council. Proof of Publication, certified to by the Publisher, of notice of sale of Bonds, Dubuque, Iowa, in the amount of $175,000 for im- 358 CITY COUNCIL OFFICIAL Session, Septem,ber Special Effective Rate 3.97612 Premium $100. Coupon Rates 4.0% Purchaser Dubuque Bank & Trust Otber Bidders Section 3. That all or parts of resolutions herewith be and the hereby repealed. Passed and approved 8, 1966. Walter Attest: Leo F. Frommelt, City Clerk Recorded f i *" "" Ji :j ~i. i t " f , 1, 4.3673 4.2338 4.0934 4.31856 4.3355 4.59205 4.19761 137.00 67.50 27.50 341.00 270.00 10.00 33.25 4.40% 4.25% 4.10% 4.40 4.40 4.20 4.60 Co. Becker & Cownie Inc. Allan Blair & Co. Carlton D. Beb Co. The Northern Trust Co. Shearson Hammill & Co. Inc. Continental nlinois National Bank & Trust Co. of Cbicago Commerce Trust Co. Kansas City Mercantile Trust Company American Trust & Savings Bk Dubuque, Ia. Attest: September 8, 1966. Leo F. Frommelt, City Clerk Councilman McCauley m 0 v e d adoption of the resolution. Sec- 4.2997 WHEREAS all sealed bids have been received and placed on file, after which open bids were called for and received. the highest of which open bids was as follows: the bid snbmitted by none -0- consisting of par and accured in- terest plus a premium of $ -0-, with all of the bonds to bear in- terest at the rate of -0- per cent (-0-%) per annum; and thereafter such sealed bids were opened, the substance of the best sealed bid being as follows: the bid sub- mitted by Dubuque Bank and Trust Company consisting of par 1.24 4.30 RESOLUTION NO. 255-66 RESOLUTION providing for the sa-Ie and award of $175,000 Air. port Bonds and approving and authorizing the agreement of such sale and award-. WHEREAS notice of sale of $175,000 Airport Bonds of the City of Dubuque, in Dubuque County, Iowa, has heretofore been given in strict compliance with the provisions of Chapter 75 of the Code of Iowa, by publication of notice for two or more successive weeks in a newspaper published in Dubuque County, Iowa; and .c...._~..;,,_ 1 361 on and prior to the maturity here- of to be payable only on presenta- tion and surrender of the interest coupons hereto attached as they severally mature. Both principal and interest of this bond are pay- able in lawful money of the United States of America at the office of the City Treasurer in and of the City of Dubuque, Iowa. This bond is subject to registra. tion as to principal in the name of the holder on the books of the City Treasurer of said City, such registration to be evidenced by no- tation of said Treasurer on the back hereof, and after such registration no transfer hereof, except upon such books and similarly noted hereon, shall be valid unless the last registration shall have been to This bond is one of an authorized series of bonds numbered from 1 to 35, inclusive, issued by the City of Dubuque pursuant to and in strict compliance with the provi- sions of Section 330.16 and Chap- ter 76 of the Code of Iowa, 1962, and all laws amendatory thereof and supplementary thereto, and in conformity with a resolution of the City Council of said City duly passed, approved and recorded, for the purpose of improving the Municipal Airport in and for said City. And it is hereby certified and recited that all acts, conditions and things required by the laws and Constitution of the State of Iowa to exist, to be bad, to be done, or to be performed prece- dent to and in the issue of this bond, were and have been prop- erly existent, had, done and per- formed in regular and due form and time; that provision has been made for the levy of a sufficient continuing annual tax on all the taxable property within said City for the payment of the principal and interest of this bond as the same will respectively become due; that the faith, credit, revenues and resources and all the real and per- sonal property of said City are irrevocably pledged for the prompt payment hereof, both prinCipal and interest; and that the total in- debtedness of said City, inClUding this bond, does not exceed any constitutional or statutory limita- tions. 1966 Adjourned Special Session, September 12, the United States of America at the office of the City Treasurer in and of tbe City of Dubuque, 10wa; that said bonds be of the denomin- ation of $5000 each, be numbered consecutively from 1 to 35, both numbers included, and become due and payable in their numerical or- der: $50,000 on December 1 of eacb of the years 1967 and 1968, and $75,000 on December 1, 1969. Section 2. That each of said bonds be subject to registration as to principal in the name of the holder on tbe books of tbe City Treasurer, such registration being noted upon each bond so reg- istered. and after such regisration payment of the prinCipal thereof shall be made only to the regis- tered holder. Any bond so regis- tered, upon the request in writing of such holder personally or by at- torney in fact, may be transferred either to a designated transferee or to bearer. and the principal of any bond so transferred and regis- tered to bearer shall thereupon be and become payable to bearer in like manner as if such bond had never been registered. Registration of any bonds as to principal shall not restrain the negotiability of the coupons thereto attached by de- livery merely. Section 3. That said bonds, cou- pons and provisions for regisration be in substantially the following form: No. $5000 KNOW ALL MEN BY THESE PRESENTS: That tbe City of Du- buque, in the Connty of Dubuque and State of Iowa, for value re- ceived, promises to pay to bearer, or if this bond be registered as to principal, to the registered holder hereof, the sum of Five Thousand Dollars ($5000) on the first day of December, 19-, with interest on said sum from the date hereof un- li paid at the rate of per cent (-%) per annum, payable June 1, 1967, and semi- annually thereafter on the first days of December and June in each year, such interest as may accrue (Form of Bond) UNITED STATES OF AMERICA STATE OF IOWA COUNTY OF DUBUQUE CITY OF DUBUQUE AIRPORT BOND ~ ~ l I ! ~ ;,. Session, September 12, 1966 Iowa, 1962, the City of Dubuque, Iowa, is authorized to issue its airport bonds for tbe purpose of improving said airport and in ac- cordance ~th the request of the Airport Commission and as or- dered by tbis City Council, notice of a meeting of the City Council for the purpose of instituting pro- ceedings and taking action for the issuance of $175,000 Airport Bonds of said City to pay the cost of improving said airport has here- tofore been given in the manner. time and form as required by law; and WHEREAS no petition or ob- jection have been filed or made protesting the issuance of said bonds and no petition has been filed with the City Clerk under the provisions of either Section 330.16 or Section 408A.2 of the Code of Iowa, 1962, asking tbat the ques- tion of issuing said bonds be sub. mitted to the voters of said City; NOW, THEREFORE, Be lt Re- solved by the City Council of the City of Dubuque, Iowa, as follows: Section 1. That pursuant to and as authorized by Section 330.16 of the Code of Iowa, 1962, there shall be and there is hereby ordered is- sued the negotiable Airport Bonds of said City of Dubuque in the principal amount of $175,000, said bonds to be thirty-five (35) in num- ber, dated September 1, 1966, bear- ing interest at the rate of Four per cent (4%) per annum from the date of said bonds until paid, such inter- est payable June 1. 1967, and semi- annually thereafter on the first days of December and June in each year; that said bonds be signed by the Mayor and attested by tbe City Clerk and the seal of said City af- fixed, and be registered as to issu- ance by the City Treasurer and a certificate of such regisration en- dorsed thereon; that interest on said bonds be evidenced by cou- pons thereto attached and maturing on the several days when such in- terest matures. which coupons shall be executed with the facsimile sig- natures of said officials, and said Mayor and City Clerk, by the exe- cution of said bonds, shall adopt as and for their proper signatures their resepctive facsimile signa- tures appearing on said coupons; and that both principal and inter- est be payable in lawful money of Adjourned Special Se... Pfohl Mayor Pregler read the call and stated that service thereof had been duly made and this meeting is an adiourned meeting of the special meeting of August 23, 1966, relative to the hearing and issuance of Airport Bonds in the amount of $175,000, also to con- sider recommendations on the award of contracts for the con- struction of the Kelly Lane Water Main;-Kelly Lane Sewer;-Traffic Signals;-and acting upon such other business as may properly come before a regular meeting, of the City Council. Communication of Paul D. Speer & Associates Inc., M u n i c i pal Finance Consultants, recommend- ing that the Airport bonds be awarded to Dubuque Bank and Trust Company at a net interest rate of 3.97612% and at tbe cou- pon rates as specified in the bid, presented and read. Councilman Lud~g moved that the commu. nication be received and filed. Seconded by Councilman Schultz. Carried by tbe following vote: Yeas-Mayor Pregler, Council. men Ludwig, McCauley, Schultz. Nays-None. Absent-Councilman Pfohl. RESOLUTION NO. 256-66 A RESOLUTION providing for the issuance of $175,000 Airport Bonds and providing for the levy of taxes to pay the same. WHEREAS the City of Dubuque, Iowa, has heretofore established a municipal airport pursuant to the law as now contained in Chapter 330 of the Code of Iowa, 1962, and said airport is now owned by said City under the management and control of its Airport Com- mission; and WHEREAS under the provisions of Section 330.16 of the Code of Adioumed Special tember 12, 1966. Council met at 7:30 P.M. (D.S.T.) Present--Mayor Pregler, Coun- cilmen Ludwig, McCauley, Schultz. City Manager Gilbert D. Chaven. elle. Absent-Councilman 360 CITY COUNCIL OFFICIAL Session, ..., 363 Sep. buque, Iowa, this 13tb day of tember, 1966. Harold P. Meloy (SEAL) Connty Auditor September 12, 1966 To the Honorable Mayor and Members of the City Council Gentlemen: I herewith submit to you the re~ ports of tbe Healtb Department for the months of June and July 1966. Respectfully submitted, Gilbert D. Chavenelle City Manager Councilman McCauley moved that the reports be received and filed. Seconded by Mayor Pregler. Carried by the fOllowing vote: Yeas - Mayor Pregler, Coun- cilmen Ludwig, McCaUley, Schultz. Nays-None. Absent-Councilman Pfohl Session, September 12, 1966 inclusive, to enter for collection and assess the tax hereby author ized. When annually entering said taxes for collection, the County Auditor shall include the same as a part of tbe tax levy for debt service fund purposes of said City, and when collected, the proceeds of said taxes shall be converted ,into the debt service fund O(f said City and set aside therein as a special account to be used solely and only for the payment of prin cipal and interest of the bonds hereby authorized and for no oth- er purpose whatsoever. Section 7. That all resolutions or parts thereof in conflict here- with be and the same are hereby repealed to the extent of such con- flict. Adjourned Special Passed and approved September 12, 1966. , 1966 September 12, To the Honorable Mayor and City Council Gentlemen: The Petition of the Dubuque Community School District and Mr. and Mrs. Merlin K. Lewis re- questing Vacation of platted but unopened street which lies imme- diately north of and adjacent to Lot 4 of Mineral Lot 472 and tbe northerly side of said street bor- ders on Linwood Cemetery has been considered by the Planning and Zoning Commission. The Commission sees no public need for this street and recom- mends Vacation of same. Respectfully submitted, The Dubuque Planning & Zoning Commission By F. J. Glab, Secy. Councilman Ludwig moved ap- proval of the communication and that same be referred to the Man- ager and City Solicitor for proper proceedings. Seconded by Council- man Schnltz. Carried by the fol. lowing vote: Yeas - Mayor Pregler, Council- men Ludwig, McCauley, Schultz. Nays-None. Absent-----Councilman Pfohl. Petition of St. Columbkille's Church requesting permission to excavate in Rush street to make sewer and water connections, pre- sented and read. Councilman Schultz moved that the petition be granted. Seconded by Mayor Preg- ler. Carried by tbe following vote: Walter Leo F. Frommelt City Clerk Recorded September 12, 1966. Leo F. Frommelt City Clerk Councilman McCauley moved adoption of the resolution. Sec- onded by Councilman Schultz. Car- ried by the following vote: Yeas - Mayor Pregler, Council- men Ludwig, McCauley, Schultz. Nays-None. Absent-Councilman Pfohl STATE OF IOWA COUNTY OF DUllUQUE I, IJarold P. Meloy, Connty An. ditor of the County of Dubuque, in the State of Iowa, do hereby certi- fy that on the 13th day of Septem- ber, 1966, the City Clerk of the City of Dubuque, in said County and State, filed in my office a cer- tified copy of a resolution of said City, shown to have been adopted by the Council thereof on tbe 12th day of September, 1966, and ap. proved by the Mayor on tbe 12tb day of September 1966. "A Resolu. tion providing for the issuance of $175,000 Airport Bonds and provid. ing for the levy of taxes to pay the same," and that I have duly placed said copy of said resolution on file in my records. WITNESS County Seal the Du- A. Pregler Mayor 5S: my hand and hereto affixed at Session, September 12, 1966 book provided for that purpose and shall deliver said bonds to the purchaser, as determined by this Council, upon receipt of the pur- chase price, the same to be not less than the par value of said bonds with accrued interest there- on. AIl action and proceedings heretofore taken in eonnection with the sale and award of said bonds are hereby ratified and con- firmed in all respects. Section 5. That as required by Chapter 76 of the Code of Iowa and for the purpose of providing for the levy and collection of a direct annual tax sufficient to pay the interest on said bonds as it falls due, and also to pay and dis- charge the principal thereof at maturity, there be and there is hereby ordered levied on all the taxable property in said City in each of the years while said bonds or any of them are outstanding, a tax sufficient for that purpose, and in furtherance of this provi- sion, but not in limitation there- of, there be and there is hereby levied on all the taxable prop- erty in said City the following di- rect annual tax, to-wit: For the year 1966 a tax suffi- cient to produce the sum of $58,750 for principal and interest; For tbe year 1967 a tax snffi. cient to produce the sum of $55,000 for principal and interest; For tbe year 1968 a tax snffi- cient to produce the sum of $78,000 for principal and interest. All action heretofore taken for the levy of the taxes hereinbefore provided to be levied in the year 1966 for coUection in 1967 is here by ratified and confirmed in all re spects. That the principal or interest coming due at any time when there are insufficient funds on hand to pay the same be promptly paid when due from current funds on hand, and reimbursement be made to such current funds in the sums thus advanced when the taxes herein provided shall have been collected. Section 6. That a certified copy of this resolution be filed with the County Auditor of Dubuque County and that said Auditor be and he is hereby instructed in and for each of the years 1966 to 1966. tbe City of Iowa 362 bearer. Registration hereof shall not affect tbe negotiability of the coupons hereto attached, which shall shall continue negotiable by delivery merely. IN TESTIMONY WHEREOF, said City, by its City Council, has caused tbis bond to be signed by its Mayor and attested by its City Clerk, with the seal of said City affixed and the coupons hereto attached to be executed with the facsimile signatures of said Mayor and City Clerk, which officials by the exe- cution of this bond do adopt as and for their proper signatures their respective facsimile signa- ,... tures appearing on said coupons, aU the first day of September, 1966. Mayor of Dubuque, Adjourned Special Attest: City Clerk of the Dubuque, Iowa (Form of City of No. .......... $.......... On ................................, 19......, the Treasurer of the City of Dubuque, in Dubuque County, Iowa, will pay to bearer ................ DoUars ($..........) at the office of the City Treasurer, Dubuque, Iowa, for interest due that date on its Airport Bond, dated September 1, 1966, No. ....... Attest: City Clerk (Form for Registration of Ownership) Name of Signature of Regis. Owner City Treas. On the back of each bond there shall be endorsed a certificate of the City Treasurer in the foIIow~ ing form: City Treasurer's Certificate The issue of this bond has been duly and properly registered in my office as of the first day of Sep- tember, 1966. Treasurer of the City of Dubuque, Iowa Section 4. That said bonds be ex- ecuted as herein provided as soon after the adoption of this resolu- tion as may be and thereupon they shall be delivered to the Treasurer of said City, who shall register the fact of the issuance of same in a Coupon) Date of Regis. ",""_.;;"'''"",, 1 365 Mayor Pregler moved that the recommendation of the City Man- ager be approved. Seconded by Councilman Schultz. Carried by the following vote: Yeas - Mayor Pregler, Council men Ludwig, McCauley, Schultz. Nays-None. Absent-Councilman Pfohl {Awarding Contract RESOLUTION NO. 257-66 WHEREAS, sealed proposals have been submitted by contrac- tors for the Traffic Signals at First Street & Locust Street & First Street & Mam Street, pursuant to Resolution No. 239-66 and notice to bidders published in a newspa- per published in said City on Au- gnst 25, 1966 and September 1, 1966, and WHEREAS, said sealed propos- als were opened and read on Sep- tember 12, 1966, and it has been determined that the bid of M. F. Goerdt Construction Co. of Du- buque, Iowa in the amount of $15,309.78 was the lowest bid for the furnishing of all labor and ma- terials and performing the work as provided for in the plans and specifications; now therefore, BE IT RESOLVED by the City Council of the City of Dubuque that the contract for the above mentioned improvement be award- ed to M. F. Goerdt Construction Co. and the Manager be and he is hereby directed to execute a con- tract on behalf of the City of Du- buque for the complete perform- ance of said work. BE IT FURTHER RESOLVED, that upon the signing of said con- tract and the approval of the con- tractors bond the City Treasurer is authorized and instructed to re- turn the bid deposits of the unsuc- cessful bidders. 12th A. Pregler Mayor M. Sylvester McCauley Merlin F. Scbultz Richard Ludwig Councilmen Attest: Leo F. Frommelt City Clerk Councilman Ludwig moved adop- tion of the resolution. Seconded by this Passed and adopted day of September, 1966. Walter Session, September 12, 1966 owners at the time of the final con- sideration of this proposed resolu- tion have on file with the City Clerk objections to the amount of the cost of improvement, they shall be deemed to have waived all ob- jections thereto. Said improvement shall be con- structed and done in accordance with the plans and specifications which have been approved by the City Council and are on file with tbe City Clerk. Tbat tbe cost and expense of making said improve- ment will be paid from the Utili- ties Fund No. 138E. The above resolution was intro- duced, approved and ordered placed on file with the City Clerk this 22nd day of August, 1966. RECORD OF FINAL ADOPTION The foregoing resolution was finally passed and adopted, as pro- posed, by the City Council this 12tb day of September, 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 Schultz. Carried by the following vote: Yeas - Mayor Pregler, Coun- cilmen Ludwig, McCauley, Schultz. Nays - None. Absent - Councilman Pfohl. 12, 1966 Gentlemen: Pursuant to your instructions, sealed bids were received until 10:00 A.M., Monday, September 12, 1966 for tbe Traffic Signals at First Street and Locust Street and First Street and Main Street. The lowest bid entered was entered by the M. F. Goerdt Construction Co. of Dubuque, Iowa. Their bid was 29.4% over the estimate. I recommend that the contract for the improvement be awarded to the M. F. Goerdt Construction Co. Very truly yours, Gilbert D. Chavenelle City :Manager Adjourned Special September To the Honorable Mayor and City Council Session, September 12, 1966 Nays-None. Absent-Councilman pfohl. Proof of Publication, certified to by the Publisher, of notice of public hearing to consider reso- lution of necessity for the con. struction of traffic signals at the intersection of First and Locust and First and Main Street, pre- sented and read. No written objections were filed and no oral objectors were pres- ent in the Council Chamber at the time set for the public hear- ing. Mayor Pregler moved that the proof of publication be re- ceived and filed. Seconded by Councilman Schultz. Carried by the following vote: Yeas - Mayor Pregler, Council- men Ludwig, McCauley, Schultz. Nays-None. Absent-Councilman Pfohl. Proof of Publication, certified to by the Publisber, of notice to contractors of the receipt of pro- posals for the construction of traf- fic signals at First & Locust Street and First & Main Street, presented and read. Councilman Ludwig moved that the proof of publica- tion be received and filed. Sec- onded by Mayor Pregler. Carried by the following vote: Yeas - Mayor Pregler, Council- men Ludwig, McCauley, Schultz. Nays-None. Absent-Councilman Pfohl. (Necessity for Improvement) RESOLUTION NO. 239-66 Whereas, proposed plans, specifi- cations, form of contract have been dnly prepared and approved by tbe City Council of the City of Du- buque and are now on file in the office of the City Clerk showing among other things the following: 1. The street to be improved. 2. The plan of such improve- ment. 3. An estimate of the cost of the proposed improvement. for the construction of traffic sig- nals at the intersections of First Street and Locust Street and First Street and Main Street. BE IT THEREFORE RESOLVED that the City Council on its own motion or upon petition of proper- ty owners, deems it advisable and necessary for the public welfare to make the herein mentioned im- provement, and unless property Adjourned Special Yeas - Mayor Pregler, Council- men Ludwig, McCauley, Schultz. Nays-None. Absent-Councilman Pfohl. Petition of Dubuque Baseball Inc. requesting a refund of $100 on the unexpired portion of Class "B" beer permit No. 46 as they have discontinued business on Au- gust 28, 1966, presented and read. Councilman Ludwig moved that the refund be granted and the Au- ditor instructed to issue proper warrant. Seconded by Councilman Schullz. Carried by the following vote: Yeas - Mayor Pregler, Council. men Ludwig, McCauley, Schultz. Nays-None. Absent-Councilman Pfohl. Petition of Lucille Hough re- questing a refund of $50 on the unexpired portion of Class "B" beer license No. 33, as she has dis- continued business on September 10, 1966, presented and read. Ma- yor Pregler moved that the refund be granted and the Auditor in- structed to issue proper warrant. Seconded by Councilman McCau- ley. Carried by the following vote: Yeas - Mayor Pregler, Council- men Ludwig, McCanley, Scbullz. Nays-None. Absent-Councilman Pfohl. Petition of Lucille Hough, re- questing a refund of $75.00, on the unexpired portion of cigarette li- cense No. 97, as she has discon- tinued business on September 10, 1966, presented and read. Mayor Pregler moved that the refund be granted and the Auditor instruct- ed to issue proper warrant. Sec- onded by Councilman McCauley. Carried by the following vote: Yeas - Mayor Pregler, Council- men Ludwig, McCauley, Schultz. Nays-None. Absent-Councilman Pfohl. Petition of Delbert Daugherty requesting a refund of $250 on the unexpired portion of Class "C" Liquor License No. C-3239, as he has discontinued business on Au. gust 8, 1966, presented and read. Mayor Pregler moved that the re- fund be granted and the Auditor instructed to issue proper war- rant. Seconded by Councilman Mc- Cauley. Carried by the following vote: Yeas - Mayor Pregler, Council- men Ludwig, McCauley, Schultz. 364 ... ""+"... ~#: 3ff1 PENNSYLVANIA AVENUE Charles N. & Vondra L. Hosch, Lot 1, Block 4, Key Knolls Sub- division Milton R. & Mary Louise Hartley, Lot 1, Block 5, Key Knolls Subdi- vision Craig D. & Gretchen E. Nordenson, Lot 15, Block 5, Key Knolls Sub- division Jon V. & Gaile Seipp, Lot 14, Block 3, Key Knolls Subdivision ST. GEORGE STREET Lucille M. Arguitt, Lot 1.1; E 80'-3, Oak Grove Addition David N. & Charlotte M. Kintzing- er, Lot 1-4. Oak Gr\.. ve Addition Lot 2.2-4, Oak Grove Addition THEDA DRIVE Tbos. W. Carr & Sandy McCabe, Lot 2, Block 8A, Clover Hills TRYGG DRIVE Donald C. & Sandra Funk, Lot 11, Block 12, Clover Hills VAN BUREN STREET Carl & Helen Hirsb, Lot 587, Lenox Addition Mrs. Earl Sbaffer, Estate, Lot 480 & Lot 479, Lenox Addition Cecelia E. Kass, Lot 121, Lenox Addition Passed, adopted and approved this 12tb day of September 1966. Walter A. Pregler Mayor M. Sylvester McCauley Merlio F. Schultz 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, Council- men Ludwig, McCauley, Schultz. Nays - None. Absent - Councilman Pfohl. Decision of Council u;Jon objections to plans, specifications, form of contract and cost of improvements RESOLUTION NO. 259-66 WHEREAS, proposed plans and specifications and form of contract for the construction of CITY OF DUBUQUE 1966 SIDEWALK PRO. JECT NO. 1 bave been approved by the City Council of the City of Dubuque and public notice given as provided by Chapter 23 of the Code of 10wa, 1962, pertaining to Special Session, September 12, 1966 a fire hydrant in the traveled por- tion thereof and it would also necessitate the removal of a large hedge and trees. Attorney M. M. Cooney addressed the Council in behalf of Glenn & Rosalyn Carris by statiog tbat there is a utility pole in the pro- posed sidewalk area which in his opinion would create a hazard. At- torney Cooney also represented Mr. Joseph Vogt Jr. relative to the pro- posed construction of sidewalk on Kane Street on the east side of the street. This side of the street is nothing but a rock blnff. Some negotiation has been going on with the Park Board to use the area as an entry into tbe Gay Street play- ground. Mr. Vogt has completed the sidewalks in front of Joseph Vogt Subdivision NO.2 on the east side of Kane Street that would more than serve the walking needs of the area. Councilman McCauley moved that all objections to tbe 1966 side. walk program be overruled except the one of Wilfred & Mary Nestor. Seconded by Councilman Ludwig. Carried by the fOllowing vote: Yeas - Mayor Pregler, Counci men Ludwig, McCauley, Schultz. Nays - None. Absent - Councilman Pfohl. RESOLUTION NO. 258-66 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE, IOWA: Section 1. That Resolution No. 230-66 being the Resolution of Necessity for the "CITY OF DU- BUQUE 1966 SIDEWALK PRO- JECT NO.1" be and tbe same is hereby amended by deleting the following portions of the following named sidewalks therefrom: BUNKER HILL ROAD J osepb A. & Thelma K. Paradiso, Lot 1-2, Phena Butt Place Wilfred & Mary Nestor, Lot 139, Finley's Addition KANE STREET Joseph D. Vogt, Jr., Lot 1, 3, 4 and 5, Joseph Vogt Sub. NO.2. KAUFMANN AVENUE Artbur & Hilda Digman, Lot 6, Block 1, Roy Ney Subdivision Isaac W. & Jean Hartness, Lot 3 & Lot 4, Block 1, Roy Ney Sub. division Clarence L. & Rose Wagner, Lot 8, Burtons Addition Adjourned 1 Session, September 12, 1966 2 of tbe Sub. of Lots 140, 141 and 142 Finley Addn. presented and read. Councilman Ludwig moved that the petition be received and filed. Seconded by Mayor Pregler. Carried by the following vote: Yeas - Mayor Pregler, Council- men Ludwig, McCauley, Schultz. Nays-None. Absent-Councilman pfohl. Petition of Joseph Vogt Jr. ob- jecting to the installation of side- walk along Kane Street where it abuts Lot 1 of 163 of L. H. Lang- worthy's Addn. and lots 1, 3, 4 and 5 of Josepb Vogt Sub. No.2, pre- sented and read. Councilman Lud~ wig moved that the petition be re- ceived and filed. Seconded by Ma- yor Pregler. Carried by the fol. lowing vote: Yeas - Mayor Pregler, Council~ men Ludwig, McCauley, Schultz. Nays-None. Absent-Councilman Pfohl. Petition of Wilford & Mary Nes- tor objecting to the installation of sidewalk along Bunker Hill Road where it abnts Lot 139 Fioleys Addn. because the property on which the sidewalk is proposed does not belong to the City, pre- sented and read. Councilman Lud- wig moved that the petition be re- ceived and filed. Seconded by Ma- yor Pregler. Carried by tbe follow- ing vote: Yeas - Mayor Pregler, Council- men Ludwig, McCauley, Schultz. Nays-None. Absent-.councilman pfohl. pfohl. Mrs. Helen Corwin of 3276 Penn- sylvania stated that no children would use the sidewalk to and from school and did not see the need for such an expense. Attorney Alfred E. Hughes ad- dressed the Council in bebalf of Wilfred & Mary Nestor, by stating that the property contemplated for the construction of the proposed sidewalk does not belong to tbe City, also there are utility poles and Councilman Schultz moved that the rules be suspended in order to let anyone present address the Council if they so desire. Second- ed by Councilman McCauley. Car- ried by the following vote: Y eas ~ Mayor Pregler, Council men Lndwig, McCauley, Schultz. Nays-None. Absent-Councilman Pfohl. Petition of Helen Corwin of 3276 Pennsylvania Avenue objecting to putting in sidewalks along her property, due to the insufficient amount of pedestrians that would use the walk, presented and read. Councilman Ludwig moved that the petition be received and filed. Seconded by Mayor Pregler. Car- ried by the following vote: Yeas - Mayor Pregler, Council men Ludwig, McCauley, Schultz. Nays-None. Absent-Councilman Pfohl. Petition of Glenn E. & Rosalyn Carris objecting to installation of a portion of sidewalk along Bun- ker Hill Road where it abuts Lot Adjourned Special Councilman Schultz. Carried by the following vote: Yeas - Mayor Pregler, Council- men Lndwig, McCauley, Scbultz. Nays-None. Absent-Councilman Pfohl. 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, and cost of improvements for the construction of City of Dubuque 1966 Sidewalk Project No.1, on the following named streets: As- t-bury, Avalon, Bunker Hill Road, Carter Road, Kane, Kaufmann, Mineral, Pennsylvania, St. George, St. Josepb, Theda Drive, Trygg Drive, Martin Drive, VanBuren, presented and read. Mayor Preg- ler moved that the proof of pub. lication be received and filed. Sec- onded by Councilman Schultz. Carried by the following vote: Yeas - Mayor Pregler, Council- men Ludwig, McCauley, Schultz. Nays-None. Absent-Councilman Pfohl. Statement of City Clerk certify- ing that notices of public hearing were mailed by registered mail on Angust 22, 1966, to property own- ers of record along the City of Du- buque 1966 Sidewalk Project No. 1, presented and read. Mayor Preg- ler moved that the statement be received and filed. Seconded by Councilman :McCauley. Carried by the following vote: Yeas - Mayor Pregler, Council men Ludwig, McCauley, Schultz. Nays-None. Absent-Councilman 366 "*""'V . 369 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 Sidewalk Improve- ment Fund of the city. Payment will be made to the contractor out of funds realized from the sale of Bonds to be issued in anticipation of deferred payments of assess- ments as provided by law after the work has been completed and ac- cepted by tbe City Council. Be It Furtber Resolved that tbe City Clerk be and he is hereby Of- dered and directed to advertise for proposals for the construction of the various improvements herein provided for in the manner pro- vided by law, the said improve- ments shall be completed on or be- fore the 60 days after notice to proceed is issued. Be It Furtber 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 12tb day of September, 1966. Walter A. Pregler Mayor M. Sylvester McCaUley Merlin F. Schultz Ricbard Ludwig Councilmen Attest; Leo F. Frommelt City Clerk Councilman Ludwig moved adoption of the resolution. Second- ed by Mayor Pregler. Carried by the fOllowing vote: Yeas - Mayor Pregler, Council. men Ludwig, McCauley, Schultz. Nays-None. Absent-Councilman Pfohl. Proof of Publication, certified to by the Publisher, of notice to contractors of receipt of proposals for the construction of the Kelly Lane Sanitary sewer, 8" sanitary, from the Catfish Creek Sanitary sewer southerly to Kelly Lane then east and west in Kelly Lane with the westerly end of tbe E.P.L. Adjourned Special Session, September 12, 1966 RECORD OF FINAL ADOPTION The foregoing resolution was ~nally passed and adopted, as amended, by the City Council this 12th day of September 1966. Walter A. Pregler Mayor M. Sylvester McCauley Merlin F. Schultz Ricbard Ludwig Councilmen Attest: Leo F. Frommelt, City Clerk Councilman Ludwig moved final adoption of the resolution. Second- ed by Mayor Pregler. Carried by tbe following vote: Yeas - Mayor Pregler, Council- men Ludwig, McCauley, Schultz. Nays-None. Absent - Councilman Pfohl. (Ordering Construction) RESOLUTION "'0. 260-66 Be It Resoived by tbe City Conn. cil of tbe City of Dnbuque tbat pursuant to a resolution of neces- sity No. 230.66 wbich was duly passed by this Council, for the construction of City of Dubuque 1966 Sidewalk Project No. 1 be and the same are hereby ordered and constructed by this Council upon its own motion and with or without the petition of property owners. All the work shall be con- structed in accordance with the plans and specifications heretofore adopted and now on file in the of- fice of the City Clerk. BE IT FURTHER RESOLVED that the cost and expense of the 1 erty will be assessed whether the same abuts thereon or is adjacent thereto according to area and in proportion to the special benefits conferred thereby, and any defic- iency shall be paid out of the Side- walk Improvement Account No. 137. Bonds sball be issued and sold in anticipation of deferred pay- ments of assessments when a con- tract has been performed and ac- cepted and the proceeds thereof used to pay the contractor. The railway portion of any street or assessment district shall be assess- ed to and paid by railway com. pany. The above resolution was intro- duced, approved and ordered plac- ed on file with the City Clerk this 15th day of Angust, 1966. 'l Session, September 12, 1966 (Necessity for Improvement) RESOLUTION NO. 230-66 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 streets to be improved. 2. The width of such improve- ment, and the size and kind of sew- ers. 3. Each lot proposed sessed together with a fixed by the council. 4. An estimate of the cost of the proposed improvement, stating the same for each different type of con- struction and kind of material to be used. 5.. In each case the amount thereof which is estimated to be assessed against each lot, for the City of Dubuque 1966 Sidewalk Project No. 1 at various locations on the following named streets: Asbury, Avalon Road, Bunker Hill Road, Carter Road, Kane street, Kaufmann Avenue, Mineral Street, Pennsylvania Avenue, S1. George Street, St. Joseph Street, Tbeda Drive, Trygg Drive, Martin Drive, Van Buren 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 welfare to make the herein mentioned im- provement, and unless property owners at the time of the final con- sideration of this proposed resolu- tion 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 therefor 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 improvement will be assessed upon and against all pri- vately owned property lying within assessable distance provided by law and in an amount not to exceed the amount provided by law, prop- to be as- valuation Adjourned Special 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 12th day of Septem- ber, 1966; and WHEREAS, the City Council met in special session this 12th day of September, 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 pro- posed plans, specifications or con- tract for or cost of the improve- ment herein described and propos- ed 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 by tbe City Council of the City of Dubuque, that all objections which have been made and filed to the plans, spec- ifications, contract for or cost of said improvement herein described and proposed to be made, be and the same hereby overruled and such plans, specifications and form of contract heretofore approv- ed 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 improve- ment. 368 Passed, adopted and approved tbis 12th day of September, 1966. Walter A. Pregler Mayor M. Sylvester McCauley Merlin F. Schnltz Ricbard Ludwig Councilmen 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, Council- men Ludwig, McCauley, Schultz. Nays - None. Absent - Councilman pfohl. _.>lI.#.' 'I i. I I' " l I ~ jO' b .. ~1 ,. !i ;; i' ~ ~. q ~' 371 Passed and adopted day of September, 1966. Walter A. Pregler Mayor M. Sylvester McCauley Merlin F. Scbultz Richard Ludwig Councilmen Attest, Leo F. Frommelt, City Clerk Mayor Pregler moved adoption of the resolution. Seconded by Coun~ cilman Schultz. Carried by the following vote: Yeas - Mayor Pregler, Cound men Ludwig, McCauley, Schultz. Nays-None. Absent - Councilman Pfohl RESOLUTION NO. 263-66 BE IT RESOLVED by tbe City Council of the City of Dubuque, Iowa, that the following having complied with the provisions of law relating to the sale of Cigarettes within the City of Dubuque, Iowa, be granted a permit to sell Cigar- ettes and Cigarette Papers within said City. Attest: Leo F. Frommelt, City Clerk Councilman McCauley moved ad- option of the resolution. Seconded by Councilman Schultz. Carried by the fallowing vote: Yeas - Mayor Pregler, Counci men LUdwig, McCauley, Schultz. Nays-None. Absent - Councilman Pfohl. 12tb this Adjourned Special Session, September 12, 1966 The lowest bid entered was en- tered by Smitty's Excavating Ser- vice of Dubuque, Iowa. Their bid was 4.38% over the estimate. I recommend that the contract for the improvement be awarded to Smitty's Excavating Service. Respectfully, Gilbert D. Cbavenelle, City Manager Mayor Pregler moved that the recommendation of the City Man- ager be approved. Seconded by Councilman McCauley. Carried by tbe following vote; Yeas - Mayor Pregler, Counci men Ludwig, McCauley, Schultz. Nays - None. Absent - Councilman Pfohl. (Awarding Contract' RESOLUTION NO. 262-66 WHEREAS, sealed proposals have been submitted by contractors for tbe ;;R~ ~ ~ ',.t, ~ 1";;1 .1V ~ ,~. !~j ~:J "," ,~ RESOLUTION NO. 264-66 WHEREAS, applications for Beer Permits have been submitted to this Council for approval and the same have been examined: NOW TIfEREFORE, BE IT RESOLVED by the City Council of the City of Dubuque, BE 1T FURTHER RESOLVED, that upon the signing of said con- tract and the approval of the con- tractors bond the City Treasurer is authorized and instructed to re- turn the bid deposits of the unsuc- cessful bidders. Adjourned Special Session, September 12, 1966 BE IT RESOLVED by the City Council of the City of Dubuque that the contract for the above mentioned improvement be award- ed to Saffran Construction Com- pany and the Manager be and he is hereby directed to execute a contract on bebalf of the City of Dubuque for the complete per- formance of said work. BE IT FURTIfER RESOLVED that upon the signing of said con. tract and the approval of the con- tractors bond the City Treasurer is authorized and instructed to re- turn the bid deposits of the unsuc- cessful bidders. tbis 12th Passed and adopted day of September, 1966. Walter A. Pregler Mayor M. Sylvester McCauley Merlin F. Schultz Richard Ludwig Councilmen Pfohl September 12, 1966 To the Honorable Mayor and City Council Gentlemen: Pursuant to your instructions, sealed bids were received until 10,00 A.M., September 12, 1966, for the construction of the Kelly Lane Sanitary Sewer, 1966. The lowest bid entered was sub- mitted by Saffran Construction Company of Dubuque, Iowa. Their bid was 1.3% over the Engineer's Estimate. 370 Fremont Avenue and the easterly end of Lot 1.10, Block 1 of Hen- schels Highlands Sub., presented and read. Councilman Ludwig moved that the proof of publica- tion be received and filed. Second- ed by Councilman McCauley. Car- ried by the following vote: Yeas - Mayor Pregler, Council men Ludwig, McCauley, Schultz. Nays-None. Absent-Councilman Address Central Av- BE IT FURTHER RESOLVED that the bonds filed with the appli- cation be approved. Passed, adopted and approved tbis 12th day of September, 1966. Walter A. Pregler Mayor M. Sylvester McCauley Merlin F. Schultz Richard Lndwig Councilmen 678 D. Rogers, Name Orval enue CITY OF DUBUQUE 1966 KELLY LANE WATER MAIN PROJECT NO. 1 pursuant to Resolution No. 199-66 and notice of bidders published in a newspaper published in said City on August 25, 1966 and September 1, 1966; and BE IT RESOLVED by the City Council of the City of Dubuque that the contract for the above men- tioned improvement be awarded to Smitty's Excavating Service and the Manager be and he is hereby di- rected to execute a contract on be- half of the City of Dubuque for the complete performance of said work. WHEREAS, said sealed proposals were opened and read on Septem- ber 12, 1966. and it had been deter. mined that the bid of Smitty's Ex. cavating Service of Dubuque, Iowa in tbe amount of $44,426.50 was tbe lowest bid for the furnishing of all labor and materials and perform- ing the work as provided for in the plans and specifications: now therefore, pfobl. Proof of Publication, certified to by the Publisher, of notice to con- tractors of the receipt of proposals for the construction of City of Du- buque 1966 Kelly Lane Water Main Project No.1, presented and read. Councilman McCaUley moved that tbe proof of pnblication be received and filed. Seconded by Mayor Pregler. Carried by the fol. lowing vote: Yeas - Mayor Pregler, Council men Ludwig, McCauley, Schultz. Nays-None. Absent-Councilman Pfohl. September 12, 1966 Mayor Attest; Leo F. Frommelt City Clerk Councilman Ludwig moved adoption of the resolution. Second- ed by Mayor Pregler. Carried by the following vote: Yeas - Mayor Pregler, Council men Ludwig, McCauley, Schultz. Nays-None. Absent-Councilman To tbe Honorable and City Council Gentlemen Pursuant to your instructions, sealed bids were received until 10,00 A.M. Monday, September 12, 1966 for the City of Dnbuque 1966 Kelly Lane Water Main Project No. 1. I recommend that the contract for the improvement be awarded to Saffran Construction Company. Respectfully submitted, Gilbert D. Chavenelle City Manager Councilman McCauley moved that the recommendation of the City Manager be approved. Sec- onded by Councilman Schultz. Car- ried by the following vote: Yeas - Mayor Pregler, Council. men Luclwig, McCauley, Schultz. Nays-None. Absent-Councilman Pfohl. (Awarding Contract) RESOLUTION NO. 261-66 WHEREAS, sealed proposals have been submitted by contrac- tors for the construction of: Kelly Lane Sanitary Sewer, 1966, pur- suant to Resolution No. 202-66 and notice to bidders published in a newspaper published in said City on August 25, 1966 and September 1, 1966; and WHEREAS, said sealed propos. als were opened and read on Sep- tember 12, 1966, and it has been determined that the bid of Saff- ran Construction Company of Du- buque, Iowa in the amount of $29,449.16 was the lowest bid for the furnishing of all labor and ma- terials and performing the work as provided for in the plans and specifications; now therefore, .."""" .,.. There being no further business Councilman McCauley moved to adjourn. Seconded by Councilman Ludwig. Carried by the following vote: Yeas - Mayor Pregler, Coun- cilmen Ludwig, McCauley, Schultz. Nays-None. Absent-Councilman Pfohl. Leo F. Frommelt City Clerk 373 Session, September 12, 1966 WHEREAS, the premises to be occupied by such applicants were inspected and found to comply witb tbe State Law and all City ordinances relevant thereto and they bave filed proper bonds; NOW THEREFORE BE IT RE- SOLVED by tbe City Council of Dubuque, Iowa, that the Manager be authorized to cause to be is- sued to the following named appli- cants a Liquor Permit. Adjourned Special 1966. ..1966. Councilmen City Clerk Attest: 1 Session, September 12, 1966 Passed, adopted and approved tbis 12th day of September, 1966. Walter A. Pregler Mayor M. Sylvester McCauley Merlin F. Schultz Ricbard Lndwig Attest: Leo F. Frommelt City Clerk Approved Adopted CLASS "C" COMMERCIAL ESTABLISHMENT B. Grass, 1105 University Ave. Attest: Leo F. Frommelt City Clerk Councilman Ludwig moved adoption of the resolution. Sec- onded by Mayor Pregler. Carried by the following vote: Yeas - Mayor Pregler, Council men Ludwig, McCauley, Schultz. Nays--None. Absent----(::ouncilman Pfohl adopted and approved day of September, 1966. Walter A. Pregler Mayor M. Sylvester McCauley Merlin F. Scbultz Richard Ludwig Councilmen Leo nue Passed, this 12th Mayor Pregler moved adoption of the resolution. Seconded by Councilman McCauley. Carried by the following vote: Yeas - Mayor Pregler, Council men Ludwig, McCauley, Schultz. Nays-None. Absent-Councilman Pfohl. RESOLUTION NO. 266-66 WHEREAS, applications for Liq. uor Permits have been submitted to this Council for approval and the same have been examined. NOW THEREFORE BE IT RE- SOLVED by tbe City Council of the City of Dubnque, Iowa, that the following applications be granted and licenses issued upon the compliance with the terms of the IOWA LIQUOR CONTROL ACT-CHAPTER 123-as amend- ed by the 60th General Assembly, 1963. Adjourned Special Iowa, that the following applica- tions be granted and licenses be issued upon the compliance with the terms of the ordinances of the City. CLASS "B" BEER PERMIT Orval D. Rogers, 678 Central Ave- nue Robert J. Avenue Cyril Meitl, 1555 Central Avenue CLASS "C" BEER PERMIT Kenneth J. Osterhaus, 744 Main Street Passed, adopted and approved this 12tb day of September, 1966. Walter A. Pregler Mayor M. Sylvester McCauley Merlin F. Scbultz Richard Ludwig 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, Schultz. Nays-None. Absent-Councilman Pfohl. 372 Central & 8th Bowen, CLA5S "C" COMMERCIAL ESTABLISHMENT B. Grass, 1105 University Ave- Passed, adopted and approved this 12tb day of September, 1966. Walter A. Pregler Mayor M. Sylvester McCauley Merlin F. Schultz 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: Yeas - Mayor Pregler, Council- men Ludwig, McCauley, Schultz. Nays-None. Absent-Councilman RESOLUTION NO. 267-66 WHEREAS, applications for Liq- uor Permits were filed by the within named applicants and they have received the approval of this Council, and Pfobl. Leo nue RESOLUTION NO. 265-66 WHEREAS, applications for Beer Permits were filed by the within named applicants and they have received the approval of this Council; and WHEREAS, tbe 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 TIIEREFORE, BE IT RE. SOLVED by tbe City Council of tbe City of Dubuqne, Iowa, tbat the Manager be and he is hereby directed to issue to the following named applicants a Beer Permit. CLASS "B" BEER PERMIT Orval D. Rogers, 678 Central Ave. nue Robert J. Bowen, 8tb & Central Avenue Cyril Meitl, 1555 Central Avenue CLASS "C" BEER PERMIT Kenneth J. Osterhaus, 744 Main Street BE IT FURTHER RESOLVED tbat tbe bonds filed by sucb appli- cants be and the same are hereby approved. -'ojII,...,,''''''''''' 375 ... ORDINANCE NO. 46.66 AN ORDINANCE REGULATING DRIVEWAYS AND ENTRANCES TO PART OF PRIMARY ROAD U. S. NO. 20, BEING THE INTER- SECTION OF THE EAST PROP- ERTY LINE OF BRUNSKILL ROAD AND U. S. 20 WHICH IS STATION 2387+2 EASTERLY TO STATION 2387+64, BEING THE EASTERLY PROPERTY LINE EX. TENDED TO LOT 1 OF LOT 1 OF HARWOOD PLACE IN DUBUQUE TOWNSHIP, DUBUQUE COUNTY, NOW IN THE CITY OF DUBUQUE, lOW A, ACCORDING TO THE RE- CORDED PLAT THEREOF, presented and read. Councilman LUdwig moved that the reading just had be considered the first reading of the Ordinance. Seconded by Mayor Pregler. Car- ried by the following vote: Yeas - Mayor Pregler, Coun- cilmen Ludwig, McCauley, Pfohl, Scbultz. Nays - None. Councilman Ludwig moved that the rule reqUiring an Ordinance to be read on three separate days be waived. Seconded by Mayor Preg- ler. Carried by the following vote: Yeas - Mayor Pregler, Coun- cilmen Ludwig, McCauley, Pfohl, Scbultz. Nays - None. Session, September 19, 1966 claim is attached hereto. Respectfully submitted, R. N. Russo, City Attorney Councilman Pfohl moved that the recommendation of the City Atorney be approved. Seconded by Councilman Ludwig. Carried by the following vote: Yeas - Mayor Pregler, Council men Ludwig. McCauley, Pfobl Schnltz. Nays - None. Special Original 1966 a Gentlemen: On September 21, 1965, Panl E. Tressel filed claim against the City of Dubuque, Iowa, for injuries suf- fered by his son, Thomas Joseph Tressel, a minor, while riding his bicycle on a public street on West 17th Street between the 400 and 500 block on tbe 21st day of Sep. tember, 1965, and striking a hole in the street at this point, falling from his bicycle and fractured his arm. I have made an investigation of this matter and have conferred with the claimant, Paul E. Tressel, father of the injured minor child, who has made an offer of settle- ment in the amount of $350.00 and it is the recommendation of the City Attorney that said offer be accepted and the City Auditor be instructed to draw a warrant pay- able to Paul E. Tressel and Joan M. Tressel individually, and as parents and natural guardians of Thomas Joseph Tressel, a minor child, and to transmit said warrant to the City Attorney for delivery upon receipt of a dUly executed release. Original claim is attached hereto. Respectfully snbmitted, R. N. Russo City Attorney Mayor Pregler moved that the recommendation of the City attor- ney be approved. Seconded by Councilman McCauley. Carried by the following vote: Yeas cHmen Scbultz. Nays 12, Hon. Mayor & City Council Re: Thomas Joseph Tressel minor September I i t .,~ ;.;, ~ {; I r ORDINANCE NO. 46-66 AN ORDINANCE REGULATING DRIVE. WAYS AND ENTRANCES TO PART OF PRiMARY ROAD U. S. NO. 20, BEING THE INTERSECTION OF THE EAST PROPERTY LINE OF BRUNSKILL ROAD AND U. S. 20 WHICH IS STA. TION 2387+02 EASTERLY TO STATION 2396+64, BEING THE EASTERLY PROPERTY LINE EXTENDED OF LOT 1 OF LOT 1 OF HARWOOD PLACE IN DUBUQUE TOWNSHIP, DUBUQUE COUNTY, NOW IN THE CITY OF DU- BUQUE, IOWA ACCORDING TO THE RECORDED PLAT THEREOF. WHEREAS, by resolution adopted the 6th day of September, 1966, in connection with the annexation to the City of Du- buque, Iowa of part of Primary Road U. S. 20 being the intersection of east prop- erty line of Brunskill Road and U.S. 20 being station 2387+02 easterly to station 2396+64, being the easterly property line extended of Lot 1 of Lot 1 of Harwood Place in Dubuque Township. Dubuque foO~~~Yfheno~ityinC~~~CiICit:"as O~gr~~u~~:f upon receipt from the Highway Commis- sion of listed driveway and entrances provided for access under said improve- ment tt1e list would be recorded under the Supplemental Ordinance; and WHEREAS, the City Manager t1as sub- mitted to the City Council list of drive- ways and entrances referred to in said Resolution. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF CITY OF DUBUQUE, IOWA: Section 1. That the City Clerk be and he Is hereby authorized and directed to record said list in the records of his of- fice which list is dated the 3rd day of October, 1966, made by the Iowa Stafe Highway Commission. Section 2. That this Ordinance shall be in force and effect from and after its final passage, adoption and publication as is by law provided. - Mayor Pregler, Coun- Ludwig, McCanley, Pfohl, - None. ~ September 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. COMPREHENSIVE LIABILITY Louis Buechel, United States Fidel ity and Guaranty Company Donald L. Ohmert, American states Insurance Company SIDEWALK Vincent Conrad, Merchants Mutual Bonding Company William L. Phillips, Western Sure- ty Company Edwin J. Koerperick, Western Surety Company Respectfully, Gilbert D. Cbavenelle, City Manager Councilman Ludwig moved that the policies and bonds be filed sub- ject to approval of the City At- torney. Seconded by Councilman Schultz. Carried by the following vote: Yeas - Mayor Pregler, Council~ men Ludwig, McCauley, pfohl, Schnltz. Nays-None. September 9, 1966 Honorable Mayor and City Council Gentlemen 1966 19. Special Session, September 19, 1966 CITY COUNCIL 374 19, Council met at 7:30 P.M. (D.S.T. Present - Mayor Pregler, Coun- cilmen Ludwig, McCauley, Pfohl, Schultz. City Manager Gilbert D. Chavenelle. ;{, Re: Katharina Mayr On January 27, 1965, Mrs. Katb- arina Mayr of 1683 Garfield Av. enue, Dubuque, Iowa, filed claim against the City of Dubuque alleg- ing injuries as the result of a fall on an icy cross walk, resulting in a broken wrist, and claiming there was an accumulation of ice and snow at point of fall, same being 15th & Iowa Streets in the City of Dubuque, Iowa. I have made an investigation of this matter and have conferred with claimant who has made an of- fer of settlement in the amount of $250.00. It is the recommendation of the City Attorney that said offer of settlement be accepted and that the City Auditor be instructed to draw a warrant payable to Kathar- ina Mayr and her husband, John Mayr in the amount of $250.00 and to transmit the same to the City Attorney for delivery upon receipt of duly executed release. 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 hearings on the dis~ posal of interest in various parcels of city owned real estate and act- ing upon such other business as may properly come before a regu- lar meeting of the City Council. Communication of Urban Renew- al Director Wittenberg, submitting the following contract and amend- ments:-Contract with Real Estate Research corporation dated Sep- tember 9, 1966 for the purpose of the first re-use Appraisal of the re~ development sites in the downtown urban renewal project;-Amend~ ment dated September 9, 1966 to contract for certain appraisal ser- vices dated February 8, 1966 with S. DeWayne Guernsey;-Amend- ment dated September 9, 1966 to the contract for certain appraisal services dated February 8, 1966 with J. T. Willits, presented and read. Mayor Pregler moved that the contracts be received and filed. Seconded by Councilman McCauley. Carried by the following vote: Yeas - Mayor Pregler, Council ment Ludwig, McCauley, Schultz. Nays - Councilman pfohl. Communication of Everett Hau- ber certifying cost of construction of water main at the intersection of JFK Road and Daykin Court, presented and read. Mayor Pregler moved that the communication be referred to the City Engineer and Water Department for recommen- dation and report. Seconded by Councilman Pfohl. Carried by the following vote: Yeas - Mayor Pregler, men Ludwig, McCauley, Scbultz. Nays OFFICIAL Session, September Special 1966. Council Pfohl - None. .".,.,....- 377 Petition of R. J. Taylor, owner of property at 1692 Garfield Ave., objecting to the proposed vacation and sale of Decatur street so that tbe south end of tbe alley along the tracks between Hamilton and Decatur streets be accessible, pre- sented and read. Councilman Pfohl moved that the petition be received and filed. Seconded by Councilman Ludwig. Carried by the following vote: Yeas - Mayor Pregler, Coun~ cHmen Ludwig, McCauley, pfohl, Schnltz. Nays - None. Mayor Pregler moved that the rules be suspended in order to let anyone present address the Coun- cil if they so desire. Seconded by Councilman Schultz. Carried by the following vote: Yeas - Mayor Pregler, Coun- cilmen Ludwig, McCauley, Pfohl, Schnltz. Nays - None. Mr. R. J. Taylor addressed the Council in behalf of his petition. Mr. John Luber addressed the Council by stating it is contem- plated to build homes in the area and Mr. Taylor's property is on tbe other end of tbe block. Mr. John Winner also entered into the discussion as an objector to the vacation of Decatur Street. Af- ter considerable discussion Mayor Pregler moved that discussion on the subject be closed. Seconded by Councilman McCauley. Carried by the folloWing vote: Yeas ---0 Mayor Pregler, cHmen Ludwig, McCauley. Scbultz. Nays - None. RESOLUTION NO. 268-66 WHEREAS, resolution and pub- lished notice of time and place of hearing, published in the Tele- graph~Herald, a newspaper of gen- eral circulation published in the City of Dubuque, Iowa, on August 26, 1966 and on September 2, 1966, City Council of Dubuque, Iowa, met on tbe 19th day of September, 1966, at 7:30 P.M. Daylight Saving Time in the City Council Chamber in the City Hall, Dubuque, Iowa, to consider the proposal to dispose of interest in and to Lot 122A in Ham's Addition in the City of Du- buque, Iowa, to John Luberj and WHEREAS, City Conncil of City of Dubuque, Iowa, overruled any Coun- Pfobl, Special Session, September 19, 1966 Leo F. Frommel' City Clerk It.9-22 Councilman Pfohl moved final adoption of the Ordinance. Second- ed by Mayor Pregler. Carried by the following vote: Yeas - Mayor Pregler, cilmen Ludwig, McCauley, Schultz. Nays - None. Coun- Pfohl, Proof of Publication, certified to by the Publisher, of Notice of pub- lic hearing to consider proposal to dispose of interest in the vacat- ed portion of Decatur Street east of Garfield Avenue to the railroad tracks, now platted as Lot 122A in Ham's Addn., to John Luber, pre- sented and read. Councilman Ludwig moved that proof of publication be received and filed. Seconded by Mayor Pregler. Carried by the fOllowing vote: Coun- Pfobl, ORDINANCE NO. .40-66 AN ORDINANCE VACATING PORTION OF DECATUR STREET LYING IM- MEDIA TEL Y EAST OF GARFIELD AVE~ NUE AND HEREAFTER TO BE KNOWN AND DESCRIBED AS LOT 122A IN HAM'S ADDITION IN THE CITY OF DUBUQUE, IOWA. WHEREAS, by written petition John Luber & Son have petitioned the City Council for the vacation of that partion of Decatur Street lying east of Garfield Avenue and platted and described as Lot 122A in Ham's Addlflon in the City of Dubuque, Iowa I and WHEREAS, the Planning & Zoning Commission of the City of Dubuque, Iowa, has approved the vacation of that por- tion of Decatur Street as same serves no public purpose and which portion of De- catur Street is described as Lot 122A in Ham's Addition In the City of Dubuque, Iowa; and WHEREAS, It would serve the best pub- lic Interest that the portion of Decatur Street lying east of Garfield Avenue and described as Lot 122A in Ham's Addl. tion In the City of Dubuque, Iowa, be vacated. NOW THEREFORE BE IT ORDAIN. ED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the portIon of Decatur Street lying east of Garfield Avenue platted and described as Lot 122A In ~~~:S~~~I~I~~e i~a.w: Ifl~rg~y Dv~~~~: section 2. That the plat of the portion of Decatur Street lying east of Garfield :~F~ue b~atjghnJur.: ~hJt~~66lm~~~slg~.ii engineer and land surveyor be and the same is hereby approved and the Mayor and Clerk be and they are hereby auth- orized and directed to execute said plat for and on behalf of City of Dubuque, Iowa. Passed, adopted and approved this 19th day of September, 1966. Walter A. Pregler Mayor M. SYlvester McCauley Merlin F. Schultz Eldon A. Pfohl Richard Ludwig Councilmen The Telegraph 22nd day of Se Yeas - Mayor Pregler, cilmen Ludwig, McCauley, Schultz. Nays - None. Attest: Leo F. Fromme}' City Clerk Published officiallY in Herald Newspaper this tember 1966. - 1 Special Session, September 19, 1966 Yeas - Mayor Pregler, cilmen Ludwig, McCauley, Scbullz. Nays - None. Petition of Fischer Investment Co. requesting permission to in- stall two supporting posts in the sidewalk adjacent to the Julien Motor Inn at 200 Main Street, ap- proximately 8' apart and 18" east of the curb line, presented and read. Councilman Ludwig moved approval subject to approval of the Building Department as to set back from curb and the furnishing of a satisfactory indemnity agree- ment. Seconded by Councilman pfohl. Carried by tbe following vote: Yeas - Mayor Pregler, Coun- cilmen Ludwig, McCauley, Pfobl, Schultz. Nays - None. Petition of Finley Hospital re- questing reinstatement of Earl Hoffman's restricted plumber's li- cense, presented and read. Coun- cilman Schultz moved that the pe- tition be referred to the Plumb- ing & License Board. Seconded by Mayor Pregler. Carried by the fol- lowing vote: Yeas - Mayor Pregler, cilmen Ludwig, McCauley, Scbultz. Nays - None. Petition of Loann Corporation and application to construct a car wash at the southeast corner of 10th and White street, presented and read. Councilman McCauley moved that the petition be granted subject to approval of the Build- ing Department. Seconded by Councilman Schultz. Carried by the following vote: Yeas - Mayor Pregler, Coun. cilmen Ludwig, McCauley, Schultz. Councilman Pfohl not voting. ORDINANCE NO. 40-66 AN ORDlNANCE VACATING PORTION OF DECATUR STREET LYlNG lMMEDIATELY EAST OF GARF1ELD A VENUE AND HERE- AlITER TO BE KNOWN AND DE- SCRIBED AS LOT 122A IN HAM'S ADDITION IN THE CITY OF DU- BUQUE, IOWA, said Ordinance having been pre- viously presented and read at the Council meeting of August 22, 1966, presented for Final Adop- tion. Coun. Pfobl, Coun- Pfobl, 376 Passed, adopted and approved this 19th day of September, 1966. Walter A. Pregler Mayor M. SYlvester McCauley MerIln F. Schultz Eldon A. Pfohl Richard Ludwig Councllmen Attest: Leo F. Frommelt City Clerk Published offical1y In The Telegraph- Herald this 7th daY of October 1966. Leo F. Frommelt City Clerk. Coun. Pfohl, Petition of Peoples Natural Gas requesting permission to excavate at 469 Loras Blvd., presented and read. Councilman Schultz moved that the petition be granted. Sec- onded by Councilman Ludwig. Car- ried by the following vote: H.l0-7 Councilman Ludwig moved adop- tion of the Ordinance. Seconded by Mayor Pregler. Carried by the fol. lowing vote: Yeas - Mayor Pregler, Coun- cilmen Ludwig, McCauley, pfohl, Scbultz. Nays - None. Petition of Roy Strong of 650 Kane St., requesting vacation of an unused alley abutting Lot 2 of 2 of L. H. Langworthy's Addition, presented and read. Mayor Preg- ler moved that the petition be re- ferred to the Planning & Zoning Commission for investigation and report. Seconded by Councilman Schultz. Carried by the following vote: Yeas - Mayor Pregler, Coun- cilmen Ludwig, McCauley, Pfohl, Schultz. Nays - None. Petition of Peoples Natural Gas requesting permission to excavate at the intersection of 16th and Ce- dar Streets, presented and read. Councilman Schultz moved that the petition be granted. Seconded by Councilman Ludwig. Carried by the following vote: Yeas _ Mayor Pregler, Coun- cilmen Ludwig, McCauley, Pfohl, Scbultz. Nays - None. Petition of Peoples Natural Gas requesting permission to excavate at 16th & Sycamore Streets, pre. sented and read. Councilman Schultz moved that the petition be granted. Seconded by Councilman Ludwig. Carried by the following vote: Yeas - Mayor Pregler, cHmen Ludwig, McCauley, Schultz. Nays - None. ~..-\i>""'. ---~_. Special Session, September 19, 1966 379 industrial City of Dubuque reserves and retains a perpetual right and easement in and to Lot 2 of the Subdivision of Block 12 in "Riverfront Subdivision No.3" in the City of Du- buque, Iowa, for the existing 84-inch storm sewer line and for the maintenance and re- pair of same with the right in, over and across said Lot 2 for the repair and mainte- nance of said 84-inch storm sewer. Section 2. That the City Clerk be and he is hereby authorized and directed to deliver the said deed of conveyance to Thermolyne Corporation upon receipt of pur- chase price of $3,500.00 per acre or a total purchase price of $6,786.50. Section 3. That the City Clerk be and he is hereby authorized and directed to record a certified copy of this Resolution in the of- fice of the Dubuque County Re- corder. Passed, adopted and approved this 19th day of September, 1966. Walter A. Pregler Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Ricbard Ludwig Councilmen Councilman Ludwig moved adop- tion of the resolution. Seconded by Councilman McCauley. Carried by the following vote: Yeas - Mayor Pregler, cilmen Ludwig, McCauley, Schultz. Nays~None. Coun- Pfohl, RESOLUTION NO. 271-66 BE IT RESOLVED by tbe City Council of the City of Dubuque, Iowa, that the following having complied with the provisions of law relating to the sale of Ciga- rettes within the City of Dubuque, Iowa, be granted a permit to sell Cigarettes and Cigarette Papers within said City. Mt. St. Bernard Seminary, Inc., 2360 Carter Road (Effective Oct. 1, 1966) ing "restricted district." Frommelt Clerk Attest: Leo F. City c) RESOLUTION NO. 270-66 WHEREAS, pursuant to resolu- tion of 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 Au- gust 26, 1966 and on September 2, 1966, City Council of Dubuque, Iowa, met on the 19th day of Sep- tember, 1966 at 7:30 o'clock P.M., Daylight Saving Time in the City Council Cbamber, City Hall, Du- buque, Iowa, to consider the pro- posal to dispose of interest of the City of Dubuque to Lot 1 of Block 11 and Lot 2 of Block 12 in "Riv- erfront Subdivision No.3" in the City of L ubuque, Iowa, to Thermo- lyne Corporation; and WHEREAS, City Council of Du. buque, Iowa, overruled any and all objections, oral or written, to the proposal to dispose of interest of City of Dubuque, Iowa in the above described real estate to 'I'hermolyne Corporation. NOW THEREFORE BE IT RE- SOLVED by tbe City Council of City of Dubuque, Iowa: Section 1. That disposal of inter- est of City of Dubuque, Iowa in real estate to Thermolyne Corpo- ration covering the following de- scribed real estate, to wit: Lot 1 of Block 11 and Lot 2 of Block 12 in "Riverfront Subdivision No.3" in the City of Dubuque, Iowa. for tbe sum of $3,500.00 per acre be and the same is hereby ap- proved, subject to the following terms and conditions: a) Thermolyne Corporation shall erect and construct a bnilding not less tban 21,600 square feet within 12 months of delivery of deed convey- ing the property hereinabove described by City of Du- buque, Iowa to Thermolyne Corporation That the construction of the building and use of said premises by Thermolyne Cor- poration shall be in accord- ance with provisions of City of Dubuque Ordinance No. 3-34 known as the Zoning Ordinance and Zoning Map of the City of Dubuque, Iowa, as amended by Ordinance No. 33-59 establishing and defin- b) , Session, September 19, 1966 Special 378 Du. WHEREAS said plat has been examined by the City Council and they find the same conforms to the Statutes and Ordinances relat- ing thereto; NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Passed, adopted and approved this 19tb day of September A.D., 1966. Walter A. Pregler Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. PiobI Richard Ludwig Councilmen Coun. Pfohl, Proof of Publication, certified to by tbe Publisher, of notice of pub- lic hearing to consider proposal to dispose of Lot 1 of Block 11 and Lot 2 of Block 12 in Riverfront Subdivision No. 3 to Thermolyne Corporation, being approximately two acres, for the sum of $3500. per acre, 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. Coun- Pfohl, Councilman Ludwig moved that the proof of publication be re- ceived and filed. Seconded by Councilman McCauley. Carried by the following vote: Yeas - Mayor Pregler, cilmen Ludwig, McCauley, Schultz. Nays - None. the City Frommelt Clerk Mayor Pregler moved adoption of the resolution. Seconded by Councilman McCauley. Carried by the following vote: Yeas - Mayor Pregler, cilmen Ludwig, McCauley, Scbultz. Nays - None. 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 tbe approval of tbe City upon said plat. of VISIon No. 3 in buque, Iowa and, Attest: Leo F. City and all objections, oral or written to the proposal to dispose of in- terest of City of Dubuque, Iowa, in and to the above described real estate to John Luber. NOW, THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF C1TY OF DUBUQUE, lOWA: Section 1. That conveyance of Lot 122A in Ham's Addition in tbe City of Dubuque, Iowa, to John Luber for the sum of $1,700.00 plus costs of publication be and the same is hereby approved and that no abstract of title be fur- nished the buyer. '" Section 2. That the deed of con- veyance conveying the above de- scribed real estate to John Luber be and the same is hereby ap- proved and the Mayor and tbe City Clerk be and they are hereby au- thorized and directed to execute said deed for and on behalf of City of Dubuque, Iowa, and the Clerk is herewith authorized and direct- ed to deliver said deed to John Luber upon receipt of the pur- chase price of $1,700.00 and receipt of cost of publication. Section 3. That the City Clerk be and he is hereby authorized and directed to record a certified copy of this Resolution in the office of the Dubuque County Recorder. Passed, adopted and approved tbi. 19tb day of September, 1966. Walter A. Pregler Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Piobl Richard Ludwig Councilmen Attest: Leo F. Frommelt City Clerk Councilman McCauley moved adoption of the resolution. Second- ed by Councilman Ludwig. Carried by the following vote: Yeas - Mayor Pregler, cilmen Ludwig, McCauley, Scbultz. Nays - None. RESOLUTION NO. 269-66 RESOLUTION Approving Plat of Block 12 in "River Front Subdivi- sion No.3 WHEREAS tbere bas been filed with the City Clerk a plat in wbicb is platted as Lots 1 and 2 of Sub. of Block 12 in River Front Subdi- Coun- Pfobl, ;......."'..."",. ~i, Yeas cilmen Schultz. Nays-None. Leo F. Frommelt City Clerk 381 Session, September 26, 1966 Special Coun. pfohl, Special Session, September 19, 1966 Mayor Pregler, Lndwig, McCauley, 380 May's Drug Store #204, Judson & Asbury Streets (Effective Oct. 1, 1966) II 1966 Nays-None. September 26, To the Honorable Mayor and City Council Gentlemen: Mrs. C. W. Petersen, 590 Alta Vista has requested street lighting at Alta Vista and Harvard. The area has been inspected and it is recommended that a 4000 lu- men incandescent light be in. stalled at the intersection of Alta Vista and Harvard. Respectfully submitted, Gilbert D. Cbavenelle City Manager Councilman Ludwig moved that the recommendation of the City Manager be approved. Seconded by Mayor Pregler. Carried by the fol- lowing vote: Yeas - Mayor Pregler, cilmen Ludwig, McCauley, Scbultz. Nays-None. Coun. Pfohl, CITY COUNCIL OFFICIAL Special Session, September 26, 1966. Council met at 7:30 P.M. (D.S.T.) Present - Mayor Pregler, Councilmen Ludwig, McCauley, Pfohl, Sd1ultz. City Manager Gilbert D. Chavenelle. Mayor Pregler read the call and stated that service thereof had been duly made and this meeting is called for the purpose of con- sidering the need for the erection and construction of a FLOOD CONTROL PLAN and approval of the issuance of General Obligation Bonds in the amount of $1,000,- 000.00, to pay for tbe City's sbare of cost and acting upon such oth- er business as may properly come before a regular meeting of the City Council. ~: f l. ~, f .................................1966. 966. Approved Adopted BE IT FURTHER RESOLVED tbat the bonds filed with the ap- plication be approved. Passed, adopted and approved this 19th day of September, 1966. Walter A. Pregler Mayor M. Sylvester McCauley Merlin F. Scbultz Eldon A. Pfohl Richard Ludwig Councilmen Coun- Pfobl, Attest: Leo F. Frommelt City Clerk Councilman Pfohl moved adop- tion of the resolution. Seconded by Councilman McCauley. Carried by the following vote: Yeas - Mayor Pregler, cilmen Ludwig, McCauley, Schultz. Nays-None. September 6, 1966 Hon. Mayor & City Council He: Adele Leiser Haudenshield Gentlemen: You are herewith advised that on September 11, 1964, notice of suit at law together with petition attached was served upon the City of Dubuque on beba!f of Adele Leiser Haudenshield as plaintiff against the City of Dubuque, Iowa, same being Law No. 37600 claim. ing damages in the amount of $7,500.00 for injnries allegedly snf. fered on the 4th day of December 1963, as the result of a fall on a public sidewalk at the intersection of Rhomberg Avenue and Shiras Avenue in the City of DUbuque, Iowa. I have made an investigation of this matter and this cause was noted for trial in the District Court of Dubuque County, Iowa, and the plaintiff has made an of- fer of settlement in the amount of $350.00 and it is the recom- mendation of the City Attorney that said offer of settlement be accepted. Therefore, it is the rec- ommendation of the City Attorney that the offer of settlement made on behalf of Adele Leiser Hauden- sbield in tbe amount of $350.00 be accepted and the City Auditor be instructed to draw a warrant pay- able to Adele Lesier Haudenshield and transmit the same to the City Attorney for delivery to the plain- September 26, 1966 To the Honorable Mayor and City Council Gentlemen: I herewith submit the reports of the City Auditor, City Treas. urer, Water Works and the Health Department for the month of Au~ gust 1966, as well as a list of claims and payrolls for which war- rants were issued for the month of August 1966. Respectfully, Gilbert D. Chavenelle City Manager Councilman McCauley moved that the reports be received and filed. Seconded by Councilman Schultz. Carried by tbe following vote: Yeas - Mayor Pregler, Coun- cilmen Lndwig, McCauley, Pfobl. Schultz. Nays-None. Proof of Publication, certified to by the Publisher, of Statement of Receipts and a list of claims for which warrants were issued dur- ing tbe month of Augnst 1966, pre. sented and read. Councilman pfohl moved that the proof of pub. lication be received and filed. Sec- onded by Councilman Ludwig. Carried by the following vote: Yeas - Mayor Pregler, Coun- cilmen Ludwig, McCauley, Pfohl, Schultz. I ........................... Councilmen ....................................... City Clerk Attest: Mr. Joseph Thurston of 1837 Washington Street, addressed the Council objecting to the noise and general overall nuisance created in the area of his home, due to the storing and running of trucks, used by the Dubuque Packing Co. and under the supervision of a certain Mr. Prutch. No sleep is available to anyone in the neigh- borhood after ten and eleven o'clock in the evening. Evidently these trucks are serviced in the street and also on an empty lot abutting Mr. Thurston's property. Councilman Pfohl moved that the City Manager, Building De- partment, and other necessary personnel approach Mr. Prutch to see if the situation can be allevi- ated;-the sense of the City Coun- cil is that immediate consideration be given to the health aspect of the matter. Seconded by Council- man Schultz. Carried by tbe fol. lowing vote: There being no further business Councilman McCauley moved to adjourn. Seconded by Councilman pfobl. Carried by the following vote: Coun- Pfohl, Yeas - Mayor Pregler, cilmen Ludwig, McCauley, Schultz. Nays-None. 1 . ':,$,.;00,-.''''''''' '" .:ol1i II ~i :; II !Il ;~ r 'I i "I 383 Mayor Pregler moved that tbe resolution be received and made a matter of record. Seconded by Councilman McCauley. Carried by the fOllowing vote: Yeas - Mayor Pregler, cUmen Ludwig, McCauley, Schnltz. Nays-None. Coun. Pfohl, RESOLUTION NO. 272-66 WHEREAS, tbe Flood Control Plan has been under study by the City of Dubuque, Iowa, for many, many years past; and WHEREAS, it appears that the flood control plan for tbe City of Dubuque, Iowa, as prepared and contemplated by the U.S. Army Corps of Engineers is close to completion; and WHEREAS, it appears that ac. cording to the flood control plan of the U.S. Army Corps of Engi. neers that the share of the costs of said flood control plan to be borne by tbe City of Dubuque, Iowa, is in the amount of $1,000,- 000.00; and WHEREAS, it is necess'ary that in order to finance the portion of costs to be borne by the City of Dubuque, Iowa, in the amount of $1,000,000.00 sbould be financed by the issuance of general obliga- tion bonds. NOW THEREFORE BE IT RE. SOLVED by tbe City Council of the City of DUbuque, Iowa: Section 1. That the present flood control plan as proposed by the U.s. Army Corps of Engineers which will be completed in the very near future will protect the public safety, health and welfare of the inhabitants of this commun- ity. Section 2. That in order to fi- nance the share of the costs of such flood control plan to be borne by the City of Dubuque, Iowa, in the amount of $1,000,000.00 gen. eral obligation bonds should be is- sued accordingly. Section 3. That the City Man- ager of the City of DUbuque, Iowa, be and he is hereby authorized and directed to institute the necessary steps and proceedings for action of the City Conncil of City of Du. buque, Iowa, for the purpose of issuing general obligation bonds in tbe amount of $1,000,000.00 to cover the share of the costs of 1966 26, Session, September control plan will be borne by the United States of America and that the share of the cost of such im- provement to be borne solely by the City of Dubuque, Iowa, is es- timated to be in the amount of one million ($1,000,000.00) dollars; and WHEREAS, the Board of Dock Commissioners of the City of Du- buque, Iowa, consider that the fi- nancing of the costs of such flood control plan to be borne by the City of Dubuque, Iowa, sbould be made by issuance of general ob- ligation bond: and WHEREAS, tbe City Conncil of City of DUbuque, Iowa, should be petitioned and requested that it issue general obligation bond in the prinCipal amount of $1,000,000 .00 to pay for the City's share of the cost of the installation and con- struction of said flood control plan. NOW THEREFORE Be It Re. solved by the Board of Dock Com. missioners of the City of Du- buque, Iowa: Section 1. That the City Council of City of Dubuque, Iowa, consider the need for the erection and con- struction of a flood control plan as presently contemplated by tbe U. S. Army Corps of Engineers and tbat the City Council of tbe City of Dubuque, Iowa, approve such proposed improvement and tbat the City Council of City of Dubuque, Iowa, approve the issu- ance of general obligation bonds in the principal amount of $1,000,- 000.00 to pay for the City's sbare of the cost of said improvement and that the City Council of City of DUbuque, Iowa, initiate the nec- essary proceedings for the approv- alof the proposed improvements and initiate immediately proceed- ings for the issuance by the City Council of City of Dubuque, Iowa, of general obligation bonds in the principal amonnt of $1,000,000.00. Passed, adopted and approved tbis 23rd day of September, 1966. Vincent J. Kaiser Chairman Don Mueller Joe R. Voelker Board of Dock Commissioners Attest: Don Mueller Secretary Special Session, September 26, 1966 Petition of Frederick Marbur. ger, requesting a refund of $75 on the unexpired portion of cigarette license No. 275, as he has discon- tinued business on September 21, 1966, presented and read. Council- man Ludwig moved that the re- fund be granted and the Auditor instructed to issue proper war- rant. Seconded by Mayor Pregler. Carried by the following vote: Yeas - Mayor Pregler, Coun- cilmen Ludwig, McCauley, Pfohl, Schultz. Nays-None. Communication of Board of Dock Commissioners submitting a resolution requesting the Council to proceed with the issuance of $1,000,000.00 general obligation bonds being the estimated share of city cost for the construction of the proposed flood wall, pre- sented and read. Councilman pfohl moved that the communication be received and filed. Seconded by Councilman LUdwig. Carried by the following vote: Yeas - Mayor Pregler, cilmen Ludwig, McCauley, Scbultz. Nays-None. DOCK BOARD RESOLUTION NO. 31-66 WHEREAS, The Board of Dock Commissioners of the City of Du- buque, Iowa, together with other agencies of the City of Dubuque, Iowa, have made a comprehensive study of the need and require- ments to be met in order to erect, construct and maintain a proposed flood controlled plan to protect the inhabitants and property of tbe inhabitants of the City of Du. buque, Iowa, from the flood wa- ters of the Mississippi River; and WHEREAS, the Board of Dock Commissioners of the City of Du- buque, Iowa, together with other agencies of the City of Dubuque, Iowa, have held extensive confer- ences and meetings with the U.S. Army Corps of Engineers pertain- ing to the erection, construction and maintenance of such flood control plan; and WHEREAS, it has been repre. sented to the Board of Dock Com. missioners of the City of Dubuque, Iowa, and to other agencies of the City of Dubuque, Iowa, tbat the larger share of the costs of such erection, construction of said flood #1 Coun- Pfohl, 382 tiff and her attorneys upon receipt of a duly executed release and upon dismissal of the foregoing action with prejudice. Notice of suit together with pe- tition attached thereto as filed with the City Clerk is hereto at- tacbed. submitted, men Scbultz. Nays-None. Petition of Helen Corwin of 3276 Pennsylvania Avenue object- ing to the procedure used in her particular case as to the construc- tion of a sidewalk in conformance to the 1966 sidewalk program, pre- sented and read. Councilman Mc- Cauley moved that the petition be received and filed. Seconded by Councilman Schultz. Carried by the following vote: Yeas - Mayor Pregler, Coun- cilmen Ludwig, McCauley, Pfohl, Scbultz. Nays-None. Petition of Dubuque Senior High School requesting permission to hold a Homecoming parade on Fri- day, October 14, 1966, presented and read. Mayor Pregler moved that the petition be approved sub- ject to approval of the Police De- partment. Seconded by Council- man McCauley. Carried by tbe fol. lowing vote: Yeas - Mayor Pergler, Coun- cilmen Ludwig, McCauley, Piohl, Scbnltz. Nays-None. Respectfully R. N. Russo City Attorney Councilman Ludwig moved that the recommendation of the City Attorney be approved. Seconded by Councilman McCauley. Carried by the following vote: Yeas - Mayor Pregler, Coun- cilmen Ludwig, McCauley, Pfohl, Scbultz. Nays-None. Notice of suit of Eva I. Walsh, in the amount of $2500 for per- sonal injuries received as the re- sult of a fall on a defective side- walk at 1175 Bluff Street on June 26, 1966, presented and read. Councilman Pfohl moved that the notice of suit be referred to the City Solicitor for investigation and report. Seconded by Mayor Preg- ler. Carried by the following vote: Yeas - Mayor Pregler, Council- Ludwig, McCauley, Piohl, Special ........-. 385 City of Dubuque 1966 Bituminous Concrete Paving Project NO.1 has been completed and the City Man- ager has examined the work and filed his certificate stating that the same has been completed accord- ing to the terms of the contract, plans and specifications and rec- ommends its acceptance, now therefore, BE IT RESOLVED, by the City Council of the City of Dubuque, that the recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted and the City Engineer be and is hereby directed to prepare a plat and schedule showing the lots or par- cels of real estate subject to as- sessment for said improvement and file the same in the office of tbe City Clerk subject to public inspection and said Clerk shall up- on receipt of such plat and sched- ule publish the notice of the Coun- cil's intention to levy special as- sessments therefor, as required by law. 1966 26, Session, 'September I, therefore, recommend the ac- ceptance of the above named proj- ect. Special Respectfully submitted, Gilbert D. Chavenelle City Manager Mayor Pregler moved that the recommendation of the City Man- ager be approved. Seconded by Councilman McCaUley. Carried by the following vote: Yeas - Mayor Pregler, cHmen LUdwig, McCauley, Scbultz. Nays-None. FINAL ESTIMATE RESOLUTION NO. 273-66 WHEREAS, the contract for tbe City of Dubnque 1966 Bituminous Concrete Paving Project No. 1 has been completed and the City Engineer has submitted his final estimate showing the cost thereof including the cost of estimates, no- tices, inspection, and preparing the assessment and plat, now therefore, BE IT RESOLVED, by the City Council of tbe City of Dnbuque, That the cost of said improve- ment is hereby determined to be $109,621.59. That $93,826.99 of the cost thereof shall be assessable upon private property and $15,794.60 shall be paid from tbe 1351 Road Use Tax Fnnd of the City of Du. bnqne. Passed, this 26th RESOLUTION NO. 274-66 WHEREAS, the contract for the Coun- Pfobl, Session, September 26, 1966 November '66 - April '67 a) Secure rigbts of way and permits Council Meeting, February 13, 1967. a) Authorize notice of sale of bonds Publish Notice of Sale, Feb- ruary 14 and February 21 Sell Bonds, March 4 Deliver Bonds, March 23 Make Payments and deliver agreements and permits to Corps of Engineers, March 31 Corps of Engineers, April 3 a) Advertise for construc- tion bids Corps of Engineers, May 17 a) Let Contract Contractor a) Start construction ESTIMATE OF LOCAL SHARES COSTS (as of August, 1966) STAGE I STAGE II STAGE III $172,000 2,000 38,000 5. 6. 7. 8. 9. 10. 11. 12. 13. Coun- Pfobl, Special A. Pregler Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. pfohl Richard Lndwig 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, cilmen Ludwig, McCauley, Schultz. Nays-None. Passed, adopted and approved tbis 26 day of September, A.D. 1966. 384 such improvement to be borne by the City of Dubuque, Iowa, and the City Manager is herewith fur- ther authorized and directed to do any and all things necessary and incidental to the issuance of such bonds forthwitb. Walter , BE IT FURTHER RESOLVED, that the City Treasurer be and be is hereby directed to pay to the contractor from the funds to be realized from the sale of street im- provement bonds issued upon the above described improvement in amount equal to the amount of his contract, less any retained per- centage provided for therein. Passed, adopted and approved this 26tb day of September, 1966. Walter A. Pregler Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfobl Richard Ludwig Councilmen Councilman Pfohl moved adop- tion of the resolution. Seconded by Councilman McCauley. Carried by the following vote: Yeas - Mayor Pregler, Coun- cilmen Ludwig, McCanley, Pfobl, Scbnltz. Nays-None. RESOLUTION NO. 275-66 BE IT RESOLVED by the City Council of the City of Dubuque, Attest: Leo F. Frommelt City Clerk adopted and approved day of September, 1966. Walter A. Pregler M. Sylvester McCauley Merlin F. Scbnltz Eldon A. Pfobl Ricbard Ludwig Councilmen Attest: Leo F. Frommelt City Clerk Councilman Ludwig moved adoption of the resolution. Second- ed by Councilman McGauley. Car- ried by the fOllowing vote: Yeas - Mayor Pregler, Coun- cilmen Lndwig, McCauley, Pfohl, Schnltz. Nays-None. (A Resolution Accepting Improve- ment and Directing the Clerk to Publish Notice.) i ! ~, ~ dmin- local or Coun- Pfohl, Gentlemen: This is to advise you that the City of Dubuque 1966 Bituminous Concrete Paving Project No. 1 bas been completed in accordance with the City of Dubuque plans and specifications. $212,000 & $615,000 $827,000 Also there will be legal, a strative and probable other share costs during the three four years of the project. It is recommended that $1,000, 000 bonds be authorized. Respectfully submitted, Gilbert D. Chavenelle City Manager Councilman Pfohl moved that the communication be received and filed. Seconded by Mayor Pregler. Carried by the following vote: Yeas - Mayor Pregler, cilroen Ludwig, McCauley, Schnltz. Nays-None. To the Honorable and City Council Mayor Rigbts of Way Damages 1966 Flood Gentlemen: The following is a brief sum- mary of the proposed flood control program. I. PROCEDURE Sections 395.25 and 408A of the Iowa Code are the legal au- thorization. The recommended process is similar to that of the recent sale of bonds for the airport runway extension. It is proposed that tbe flood control bonds be authorized at this time but that tbe actual bond sale be delayed until 1967. SCHEDULE OF TARGET DATES 1. Council Meeting, October 3 a) Resolution of intention to sell bonds, publish no- tice and fix date of hear- ing. 2. Publish Notice 3. Council Meeting, October 24 a) Hold hearing 4. October 31 a) Corps of Engineers will submit right-of-way drawings and legal forms September 26, To the Honorable Mayor and City Council Memorandum: Dubuque Control Project _$.c""- .if.: ---. ii!! 1ii.1 -., _a, !!!!!l 387 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 on file with the City Clerk this 26th day of September, 1966. Approved and placed on file for final action. Approved: Walter Attest: Leo F. Frommelt City Clerk Councilman Ludwig moved ap- proval of the resolution. Seconded by Councilman McCauley. Carried by the following vote: Yeas - Mayor Pregler, cilmen Ludwig, McCauley, Scbultz. Nays-None. (Fixing date of BE IT THEREFORE RESOLVED that on the 7th day of November, 1966. a public hearing will be held A. Pregler Mayor M. Sylvester McCauley Merlin F. Scbultz Eldon A. Pfobl Richard Ludwig Councilmen 1966 Session, September 26, of sewers. to be as- valuation 2. The size and kind 3. Each lot proposed sessed together with a fixed by the council. 4. An estimate of the cost of the proposed improvement, stating the same for each different type of construction and kind of ma- terial to be used. 5. In each case the amount thereof which is estimated to be assessed against each lot, for the construction of an eight inch (8") sanitary sewer from the southern most existing sanitary manhole be- tween Kaufmann Avenue and As- bury Road southerly along the west side of J. F. Kennedy Road and westerly through Lot 1, 2 and 1-3 of Henry Ziegler's Subdivision and Lot 24 of J. P. Mettel's Subdi. vision No.2, to the E.P.L. of Lot 1-4 of J. P. Mettel's Subdivision No.2. Special 1966 of an eight inch sanitary sewer north and west of Asbury Road and John F. Kennedy Road, 1966, and the valuations set out therein are hereby approved. Adopted this 26 day of Septem- ber, 1966. 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, cHmen Ludwig, McCauley, Scbultz. Nays-None. A. Pregler Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. pfohl Richard Ludwig Council' Coun. Pfohl, .uen 26, Walter Special Session, September Iowa, that the following baving complied with the provisions of law relating to the sale of Ciga- rettes within the City of Dubuque, Iowa, be granted a permit to sell Cigarettes and Cigarette Papers within said City. Bessie Sfikas, 2199 University Avenue (Effective Oct. 1, 1966) Gertrude A. Greenough, 2372 Central Avenue (Effective Oct. 1, 1966) BE IT FURTHER RESOLVED that tbe bonds filed with tbe ap- plication be approved. Passed, adopted and approved tbis 26tb day of September, 1966. Walter A. Pregler Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. pfohl Ricbard Ludwig Councilmen 386 Coun- Pfohl, RESOLUTION NO. 279-66 WHEREAS, the City Conncll of the City of Dubuque, Iowa, has by Resolution No. 277-66 given its pre- liminary approval on the proposed plans, specifications and form of contract and placed same on file in the office of the City Clerk for public inspection, for the construc- tion of an eight inch (8") sanitary sewer from the southern most ex- isting sanitary manhole between Kaufmann Avenue and Asbury Road southerly along the west side of J. F. Kennedy Road and westerly through Lot 1, 2 and 1-3 of Henry Ziegler's Subdivision and Lot 24 of J. P. Mettel's Subdivi. sion No. 2 to tbe E.P.L. of Lot 1-4 of J. P. Mettel's Subdivision No.2. and, WHEREAS, tbe proposed Reso- lution of Necessity for said im- provement has been introduced and is now on file in the City Clerk's office for public inspec- tion. hearing) BE IT THEREFORE RESOLVED that the City Council on its own motion or upon petition of proper- ty owners, deems it advisable and necessary for the public welfare to make the herein mentioned im- provement, and unless property owners at the time of the final con- sideration of this proposed reso- lution 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- for by the City Engineer which have been approved by the City Council and are now on file with the City Clerk. That tbe 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 sewer funds, or partly out of each of said funds. Bonds shall be issued and sold in anticipation of deferred payments of assessments when a contract II , E ~. of ^ Coun- Pfohl, RESOLUTION NO. 278-66 WHEREAS, proposed plans, spe- cifications, 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 tbe following: 1. The boundaries of the district, if any. RESOLUTION NO. 277-66 Preliminary Estimate and ap- proval of plans, specifications, form of contract, plat and all oth- er documents for the construction of an eight inch (8") sanitary sew~ er from the southern most existing sanitary manhole between Kauf- mann Avenue and Asbury Road southerly along the West Side of J. F. Kennedy Road and Westerly throngb Lot 1, 2, & 1.3 of Henry Zieglers Subdivision and Lot 2-4 of J. P. Mettels Subdivision NO.2 to tbe E.P.L. of Lot 14 of J. P. Mettels Subdivision No.2, at an estimated cost of $5,401.03, pre- sented and read. Councilman pfohl moved adop- tion of the resolution. Seconded by Mayor Pregler. Carried by the following vote: Yeas - Mayor Pregler, cHmen Ludwig, McCauley, Schultz. Nays-None. (Necessity for mprovement) Coun- Pfohl, RESOLUTION NO. 276-66 Be it resolved by the City Coun- cil of the City of Dubuque, Iowa: Section 1. That the attached sheet no. 1, is hereby determined to be the scbedule of proposed assessments for the construction 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, Coun- cilmen Ludwig, McCauley, pfohl, Schultz. Nays-None. September 16, 1966 To the Honorable Mayor and City Council Gentlemen: I herewith submit the attached sheet no. 1, showing a schedule of the proposed valuations and as- sessments for the construction of an eight inch sanitary sewer north and west of Asbury Road and John F. Kennedy Road, 1966. Submitted September 26, 1966. Jobn L. Wbite, City Engineer Mayor Pregler moved that the communication be received and filed. Seconded by Councilman Schnltz. Carried by the following vote: Yeas - Mayor Pregler, cilmen Ludwig, McCauley, Scbultz. Nays-None. , 'I!ll<.;...' ?, .~ ,~,,-, meeting Mr. Dick Hansel addressed the Council relative to a final approv- al by tbe City Manager as to the installation of street lights in the tbird section of Key Knolls Subdi- vision. The area in question abuts an area that has underground ligbt installation. The City Manag- er stated that it would be an ex- cellent opportunity to extend the underground installation into Key Knolls Subdivision. Mr. Hansel was of the opinion that this would in- cur considerable more expense in the construction of homes. Mayor Pregler requested tbat the City Manager, Electrical Inspector and Mr. Hansel meet to resolve their differences, prior to final approval for installation of lights by the Council. Time seemed to be of the essenCe and the Mayor was willing to call a special meeting if neces- sary to help Mr. Hansel overcome his financial difficulty in the mat- ter. There being no further business Councilman Pfohl moved to ad- journ. Seconded by Councilman McCauley. Carried by the follow- ing vote: Yeas - Mayor Pregler, cilmen Ludwig, McCauley, Schnltz. Nays-None. Leo F. 966. Coun- pfohl, 966. Frommelt City Clerk Councilmen City Clerk Session, September 26, 1966 invitation to attend the was tendered Mr. Jestice. Approved Adopted Attest: at 7:30 o'clock P.M. C.S.T. in the Council Chamber in the City of Dubuque at which time the owners of property subject to assessment for the proposed improvement may appear and make objection to the proposed plans and specifications and proposed form of contract and at the same time to the boundaries of the proposed district, to the cost of the improvement, to the amount proposed to be assessed against any lot and to the passage of the proposed Resolution of Necessity and the City Clerk be and he is hereby directed to cause a notice of the time and place of such hear- ing to be published in some news- paper published in the city of Du- buque, tbe last of which shall be not less than two (2) nor more than (4) weeks prior to tbe day fixed for its consideration and un- less property owners at the time of final consideration of said resolu- tion have on file with the Clerk objections to the amount of the proposed assessment, they shall have been deemed to have waived all objections thereto, at which hearing the Council will hear such objections and enter on record its final decision thereon. Passed, adopted and approved this 26tb day of September, 1966. Walter A. Pregler Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Richard Ludwig Councilmen Councilman Schultz moved adop- tion of the resolution. Seconded by Councilman Pfobl. Carried by the following vote: Yeas - Mayor Pregler, cHmen Ludwig, McCauley, Scbultz. Nays-None. Calm- Pfohl, Mr. Ron Jestice of 1752 N. Main St. requested that the Council con- sider a sticker program, in lieu of parking tickets, in the down- town area, for the benefit of sales- men. City Manager Chavenelle stated tbat this idea had been be- fore the traffic committee some- time ago. The committee will meet again on the subject and an Special Attest: Leo F. Frommelt City Clerk 388 1 .. ,*,w ,#--