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Y Roll_35 Part 07242 Special Session, June 20, 1966 that the contract for the above mentioned improvement be award. ed to Tri-State Paving Company, Inc. and the Manager be and he is hereby directed to execute a contract on behalf of the City of Dubuque for the complete per- formance 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. Passed and adopted this 20th day of June, 1966. Walter A. Pregler Mayor M. Sylvester McCauley Merlin F. Schultz Richard Ludwig Councilmen Attest: Leo F. Frommelt City Clerk Councilman Schultz moved adop- tion of the resolution. Seconded by Mayor Pregler. Carried by the fol- lowing vote: Yeas — Mayor Pregler, Council- men Ludwig, McCauley, Schultz. Nays—None. Absent --Councilman Pfohl. 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 Bituminous Concrete Paving Project No. 1 on the fol- lowing named alley and streets: al- ley between Central & White from 12th to 13th Street:—Booth, E. 24th St., Ethel, Flora Park, Jeffer- son, Langworthy, Olive, Randall Place, Shiras, Southern, W. 51h, presented and read. Councilman Ludwig moved that the proof of publication be received and filed. Seconded by Mayor Pregler. Car- ried by the following vote: Yeas — Mayor Pregler, Council- men Ludwig, McCauley, Schultz, Nays—None. Absent—Councilman Pfohl. June 20, 1966 To the Honorable Mayor and City Council Gentlemen: Pursuant to your instructions, sealed bids were received until 10:00 A.M., Monday, June 20, 1966 for the City of Dubuque 1966 Bi- tuminous Concrete Paving Project No. 1. The lowest bid entered was entered by Tri-State Paving Co. of Dubuque, Iowa. Their bid was 0.26% over the estimate. I recommend that the contract for the Improvement be awarded to Tri-State Paving Co. Respectfully submitted, Gilbert D. Chavenelle City Manager 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, Coun. cilmen Ludwig, McCauley, Schultz. Nays—None. Absent—Councilman Pfohl. (Awarding Contract) RESOLUTION NO. 162.66 WHEREAS, sealed proposals have been submitted by contrac- tors for the City of Dubuque 1966 Bituminous Concrete Paving Proj- ect No. 1 pursuant to Resolution No. 131-66 and notice to bidders published in a newspaper pub- lished in said City on May 27, 1966 and June 3, 1966; and WHEREAS, said sealed propos- als were opened and read on June 20, 1966, and it has been deter- mined that the bid of Tri-State Paving Company of Dubuque, Iowa in the amount of $93,411.25 was the lowest bid for the furnishing of all labor and materials and per- forming the work as provided for in the plans and specifications; now therefore, BE IT RESOLVED by the City Council of the City of Dubuque that the contract for the above mentioned improvement be award- ed to Tri-State Paving Company and the Manager be and he is here- by directed to execute a contract on behalf of the City of Dubuque for the complete performance of said work. BE IT FURTHER RESOLVED, that upon the signing of said con- tract and the approval of the con- tractors bond the City Treasurer is authorized and instructed to re- turn the bid deposits of the unsuc- cessful bidders. Special Session, June 20, 1966 243 Passed and adopted this 20th day of June, 1966. Walter A. Pregler Mayor M. Sylvester McCauley Merlin F. Schultz Richard Ludwig Councilmen Manager be approved. Seconded by Mayor Pregler. Carried by the fol- lowing vote: Yeas — Mayor Pregler, Council- men Ludwig, McCauley, Schultz. Nays—None. Absent --Councilman Pfohl. (Awarding Contract) Attest: Leo F. Frommelt City Clerk Mayor Pregler moved adoption of the resolution. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Mayor Pregler, Council- men Ludwig, McCauley, Schultz. Nays—None, Absent—Councilman Pfohl. Proof of Publication, certified to by the Publisher, of Notice to Contractors of the receipt of pro- posals for the construction of City of Dubuque 1966 Hot Mix -Hot Laid Asphaltic Concrete Paving Proj- ect No. 1 on the following named streets: Dubuque Municipal Air- port access road from Highway 61, Fremont Avenue, Hill, John F. Kennedy Road, Jones, Main, South- ern, University, Water, presented and read. Councilman Ludwig moved that the proof of publica- tion be received and filed. Second• ed by Mayor Pregler. Carried by the following vote: Yeas — Mayor Pregler, Council men Ludwig, McCauley, Schultz. Nays—None. Absent --Councilman Pfohl. June 20, 1966 To the Honorable Mayor and City Council Gentlemen: Pursuant to your instructions. sealed bids were received until 10:00 A.M., Monday, June 20, 1966 for the City of Dubuque, 1966 Hot - Mix -Hot Laid Asphaltic Concrete Paving Project No, 1. The lowest bid entered was entered by Mul- grew Blacktop, Inc. of Center Grove, Iowa. Their bid was 0.08% under the estimate. I recommend that the contract for the improvemen` be awarded to Mulgrew Blacktop, Inc. Respectfully submitted, Gilbert D. Chavenelle City Manager Councilman Ludwig moved that the recommendation of the City RESOLUTION NO. 163.66 WHEREAS, sealed proposals have been submitted by contrac- tors for the City of Dubuque 1966 Hot Mix -Hot Laid Asphaltic Con- crete Paving Project No. 1 pursu- ant to Resolution No. 134-66 and notice to bidders published in a newspaper published in said City on May 27, 1966 and June 3, 1966; and WHEREAS. said sealed propos- als were opened and read on June 20, 1966, and it has been deter- mined that the. bid of Mulgrew Blacktop, Inc. of Center Grove, Iowa in the amount of $250,362.05 was the lowest bid for the furnish- ing of all labor and materials 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 Mulgrew Blacktop, Inc. and the :Manager be and he is hereby directed to execute a contract on behalf of the City of Dubuque for the complete performance of said ork. BE IT FURTliER RESOLVED, hat 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. Passed and adopted this 20th day of June. 1966. Walter A. Pregler Mayor 6I. Sylvester McCauley Merlin 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 fol- lowing vote: 244 Special Session, June 20, 1966 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 the receipt of pro- posals for the construction of City of Dubuque 1966 Concrete Paving with Integral Curb Project No. 1 on Bluff Street, E. Ninth Street, First Street, presented and read. Councilman Ludwig moved that the proof of publication 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. June 20, 1966 To the Honorable Mayor and City Council Gentlemen: Pursuant to your instructions, sealed bids were received until 10:00 A.M., Monday, Jure 20, 1966 for the City of Dubuque 1966 Con- crete Paving with Integral Curb Project No. 1. The lowest bid en- tered was entered by the Thomas Flynn Coal Company of Dubuque, Iowa; their bid was 0.55% under the estimate. I recommend that the contract for the improvement be awarded to the Thomas Flynn Coal Compa- ny. Respectfully submitted, Gilbert D. Chavenelle City Manager Councilman McCauley moved that the recommendation of the City Manager be approved. Second- ed 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. 16466 WHEREAS, sealed proposals have been submitted by contrac- tors for the City of Dubuque 1966 Concrete Paving with Integral Curb Project No. 1 pursuant to Resolution No. 136-66 and notice to bidders published in a newspa- per published in said City on May 27, 1966 and June 3, 1966; and WHEREAS, said sealed proposals were opened and read on June 20, 1966, and it has been determined that the bid of Thomas Flynn Coal Company of Dubuque, Iowa in the amount of $173,301.60 was the low- est bid for the furnishing of all labor and materials and perform. ing the work as pro-ided 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 Thomas Flynn Coal Compa- ny 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 return the bid deposits of the unsuccess. ful bidders. Passed and adopted this 20th day of June, 1966. Walter A. Pregler Mayor M. Sylvester McCauley Merlin F. Schultz Richard Ludwig Councilmen Attest: Leo F. Frommelt City Clerk Councilman McCauley moved adoption of the resolution. Second- ed by Councilman Schultz. Carried by the following vote: Yeas — Mayor Pregler, Council- men Ludwig, McCauley, Schultz. Nays—None. Absent—Councilman Pfohl. RESOLUTION NO. 16566 WHEREAS, Eagle Food Centers, Inc. as owners of real estate de. scribed as "Vorwald Place No. 2" in the City of Dubuque, Iowa have petitioned the City Council of City A Dubuque, Iowa for the release ind vacation of Easements A and 3 as shown upon Plat dated May 19, 1966, which easements hereto - 'ore granted by said owners for )ublic utilities purposes; and WHEREAS, all persons interest - ?d in said Easements A and B ►ave agreed to the release of said easements; and Special Session, June 20, 1966 245 WHEREAS, the City of Dubuque, Iowa should consent to the release of said Easements A and B. NOW THEREFORE Be It Re- solved by the City Council of City of Dubuque, Iowa: Section 1. That the rights and interests of the City of Dubuque, Iowa in and to Easements A and 13 in "Vonvald Place No. 2" in the City of Dubuque, Iowa be and the same are hereby released. Section 7. That the City Clerk be and he is hereby directed to publish notice of intent to dispose of interest in real estate as is by law provided. Passed, adopted and approved this 20th day of June, A.D., 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 Schultz. Carried by the following vote: Yeas — Mayor Pregler, Council- men Ludwig, McCauley, Schultz. Nays—None. Absent—Councilman Pfohl. RESOLUTION NO. 166.66 BE IT RESOLVED by the City Council of the City of Dubuque. Iowa, that the following having complied with the provisions of law relating to the sale of Ciga- rettes within the City of Dubuque, Iowa, be granted a permit to sell Cigarettes and Cigarette Papers within said City. Fred Ansel, 1100 Lincoln Avenue Carl N. Brant, 2600 Central Avenue Robert D. Bowen, 5 8th Avenue John B. Burgmaier, 2401 Windsor Avenue Earl G. Corbett, 408 West Locust Street R. J. Cremer, 731 Rhomberg Ave- nue Dubuque Golf & Country Club, Randall Place Dubuque Packing Letail Store, 16th & Sycamore Street Eagle Food Centers, Inc. (#109), 200 South Locust Street Eagle Food Centers, Inc. (#144), 3033 Asbury Street Eagle Food Centers, Inc. (#130), 1800 Elm Street Anthony L. Fecker, 2119 Rhomberg Avenue LaVerne Felderman, 1889 Jackson Street Great Atlantic & Pacific Tea Com- pany, 1101 Central Avenue Great Atlantic & Pacific Tea Com- pany, 2685 Dodge Street Beverly Glynn, 655 Central Ave- nue George R. Hunt, 229 West 8th Street John J. Heiderscheit, 1278 Central Avenue Francis T. Kohl, 1700 Central Ave- nue Knights of Columbus, 780 Locust Street Delbert C. Keuter, 2401 Jackson Street John J. Ludescher, 1897 Clarke Drive William J. Lynn, 424 West Locust Street Ernest Latham, 1205 Cleveland Avenue Vincent W. Mescher & John F. Tench, 1233 Rhomberg Avenue Martin Oil Company, 280 Locust Street Carl E. Miller, 1096 Central Ave. nue Raymond Ney, 2186 Central Ave- nue William H. Olsen, 1097 Jackson Street Thomas oeschger, 815 West 5th Street Otto L. & Minnie R. Radloff, 1395 Brown Avenue Super 20 Drive In Theatre, J. F. Kennedy Road Jerome Steffen, 451 Main Street Norman H. & Mary E. Smothers, 2372 Central Avenue Robert E. Sullivan, 620 South Grandview Avenue Merlyn L. Weber, 1904 Central Avenue George F. Zillig, 127 West 6th Street Beecher Oil Company, 2399 White Street Beecher Oil Company, 1691 Asbury Street Maxine Hoag, 103 Fast 22nd Street Walter W. Knoll, 205 Kaufmann Avenue Russell E. Myers, 1618 Central Avenue Kermit Meyers, 555 Main Street Paul Moes, 1097 University Avenue Special Session, June 20, 1966 246 John E. Noel, 2400 Central Avenue Paul W. Schollmeyer, 176 Locust Albert J. Ney, 1842 Central Ave- Earl E. Schumacher, 2204 Central nue Michael F. Pusateri, 1292 Main Raymond Tschiggfrie, 1190 Dodge Street Roshek Bros. Co., 700.800 Locust Chuck Wong, 37 Main Street Street Randall's Incorporated, 2600 Plaza e Street Harold 5655 Clarke A. Casey, Drive 20 L. G. Schaffert, 1900 Washington 1121 University Harold Cosley, Y Street J. Tigges, 2776 Jackson John Cavanaugh, 698 Central Ave - Doris Street Wareco System of Iowa. 700 Rhom- nue H. Crane, 720IowaWesStreet berg Avonue Feonard oran a Deutsch, Fred Weiner, 1101 White Street Eileen Wunder, 1006 Central Ave- Street Dubuque Metal Trades Council Club, 111 West 6th Street nue Kenneth Waul, 2850 Burlington Mrs. Alice Erschen, 2617 Univer- Street George K. Arvanitis, 1958 Central sity Avenue J. Evans, 29 West 8th Avenue Irene Bogus, 500 Main Street Street 210 Mrs. Adele Fens, 210 West 1st Finley hospital—Sunshine Circle, Street Raymond Fleckenstein, 3275 Cen- 1480 Allison Place Ramona Fettgather, 1103 Iowa o ` l Avenue Bernice Hillard, 431 Jose Street Frank & Don's Sinclair Service, 655L berg Avenue R llc Dodge Street Hough, 678 Central Avenue Mrs. Elizabeth Al. Krajnovich, 239 Robert J. Johnson, 115 East 22nd West 6th Street Raymond McLaughlin, 2222 Central Street Lil' Giant Food Stores, Inc., 2101 Avenue Ray Papin, 2635 University Avenue Rhomberg Avenue Thelma Mardauss, 1091 White Joseph R. Reisdorf, 601 Rhomberg Street Thelma Mardauss, 410 West 8th Avenue Richard G. Rink, 1260 Washington Street Street Ione Miller, 1322 Central Avenue Ethel M. Schwartz, 500 Rhomberg Richard Manternach, 380 East 20th Avenue Warehouse Market, John F. Ken- Street Mrs. Catherine McEvoy, 775 East nedy Road 6th Street Walsh Stores, 1301 Central Avenue Joseph Polfer, 2672 Dodge Street Jay E. Williams, 1027 Rhomberg Riverside Bowl, 1860 Hawthorne Avenue Neal Rettinger, 20th & Central Brammers, Inc., 1306 Delhi Street Avenue Dr. D. C. Sharpe, 1630 East 16th Robert E. Cahill, 402 Locust Street Canfield Hotel Inc., 36 West 4th Street Donald W. Schuster, 2404 Central Street Lorraine Gordon, 2327 Central Avenue Valetta Shannon, 1643 Central Ave - Avenue Clarence J. Hagge, 1415 Rhomberg nue John L. Sullivan, 2995 Central Ave- Avenue LaVern Hennen, Asbury & Ken- nedy Road nue St. Joseph Sanitarium, 2420 Asbury Donald M. Love, 250 West 6th Street Street George T. Vrostos, 605 Main Street Mercy Hospital Gift Shop, James C. P. Welu, 20th & Jackson Street & Peabody Streets Kathleen Wedig, 399 East 20th Mrs. Helen O'Mara, 1397 Washing- Street ton Street Herbert E. Althaus, 1575 Central Marcille A. Pauly, 1200 Iowa Street Avenue Mark R. Smith & Bernard F. Ska- Robert L. Becker, 2418 Central hill, 400 Central Avenue Avenue Special Session, June 20, 1966 247 Mary Bahl, 253 Main Street Joseph Bell, 263 Main Street Roger Bertsch, 326 Main Street Ronald Brayton, Asbury & St. Am- brose Arlene Cue, 119 West 6th Street D. A. V. Club, 2600 Dodge Street Leona Friedman, 620 East 16th Street Harry Gantert, 1301 Rhomberg Avenue John Glynn, 336 Main Street Leo B. Grass, 1105 University Ave- nue Mrs. Alma Henkel, 241 Main Street Holiday Inn Motel. 1111 Dodge Street Anthony Helling, 701 Dodge Street Theodore G. Kanavas, 1698 Elm Street K. Mart, 2600 Dodge Street Plaza 20 James Kachevas, 493 blain Street Vernon Leo Meyer, 530 East 22nd Street Marcella McCarty, 2093 Washing- ton Street Nelson Norwood, Bunker Hill Golf Course Denise O'Neill, 55 Locust Street Louis A. Ring. 115 West 11th Street Louis A. Ring, 118.5 Dodge Street Arlo Rowley. 960 Dodge Street John L. Savary, 827 Dodge Street Melvin A. Spiegelhalter, 1029% Main Street Gerald Schmitt, 351 Dodge Street Donald Sand, 2364 Washington Street Michael Schnee, New City harbor LeRoy Utzig, 2600 Dodge Street Clem Wagner, Loras & Central Avenue Maryel M. Birkett, 1064 University Avenue Charles R. Cushing, 1091 Main Street Wesley Davis, Jr., Dodge & Locust Street William F. Dunne, 54 locust Street Patricia Ann Donath, 400 owa Street William G. Fenelon, 2528 Central Avenue Fischer Bowling Lanes Club, 880 Locust Street Ben G. Greenwood, 897 Central Avenue Russell Earl Hedrick, 2600 Jack son Street John F. Hall, 2616 Windsor Ave. nue Dorrance Hames, 1828 Central Ave- nue Donald Jungblut, 41h & Locust Street Phyllis Licciardi, 869 Iowa Street Fred Link, 1080 University Avenue Don. Plumley, 5th & Locust Street Elks Club, 7th & Locust Street Frank Schwind, 2297 University Avenue Patricia Sarris, 760 East 16th Street Jenny Sarris, 720 Main Street Scan Roebuck Company, 300 South Locust Street Trausch Bakery, 25 South Main Street Thompson's Food Market, 2,50 West 1st Street Thompson's Food Market, 3200 Jackson Street Thompson's Food Market, Corner of Kennedy & Pennsylvania Mrs. Helen Weiner, 709 University Avenue W. J. White, 1993 Asbury Street George Weis, 400 Fast 22nd Street Be It Further Resolved that the bonds filed with the application be approved. Passed, adopted and approved this 20th day of June, 1966. Walter A. Pregler Mayor NJ. Sylvester McCauley Merlin 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 fol- lowing vote: yeas — Mayor Pregler, Council- men Ludwig, McCauley, Schultz. Nays—None. .Absent—Councilman Pfohl. RESOLUTION NO. 167.66 Whereas, applications for Beer Permits have been submitted to this Council for approval and the same have been examined: NOW THEREFORE BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the following applica- tions be granted and licenses be issued upon the compliance with the terms of the ordinances of the City. 248 Special Session, June 20, 1966 CLASS "B" BEER PERMIT Canfield Hotel, Inc., 36 West 4th Street Harold A. Cosley, 1121 University Avenue Patricia A. Donath, 400 Iowa Street Mrs. Elizabeth M. Krajnovich, 239 West 6th Street Theodore G. Kanavas, 1689 Elm Street Marcille A. Pauly, 1200 Iowa Street John L. Savary, 827 Dodge Street Melvin A. Spiegelhalter, 1029% Main Street Donald Sand, 2364 Washington Street Mark R. Smith & Bernard F. Ska- hill, 400 Central Avenue Eileen Wunder, 1006 Central Ave- nue Mrs. Helen Weiner, 709 University Avenue CLASS "C" BEER PERMITS Fred L. Weiner, 1101 White Street Robert L. Becker, 2418 Central Ave- nue Harold A. Casey, 655 Clarke Drive Kenneth .Joseph Waul, 2850 Bur- lington Street J. F. Thompson, 250 West 1st Street Passed, adopted and approved this 20th day of June, 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 Schultz. Carried by the following vote: Yeas — Mayor Pregler, Council- men Ludwig, McCauley, Schultz. Nays—None. Absent—Councilman Pfohl. RESOLUTION NO. 168-66 WHEREAS, applications for Beer Permits were filed by the within named applicants and they have received the approval of this Coun. cil; and WHEREAS, the premises to be occupied by such applicants were inspected and found to comply with the ordinances of this City and they have filed proper bonds: NOW 'THEREFORE, BE IT RE. SOLVED by the City Council of the City of Dubuque, Iowa, that the Manager be and he is hereby directed to issue to the following named applicants a Beer Permit. CLASS 'B" BEER PERMIT Canfield Hotel, Inc., 36 West 4th Street Harold A. Cosley, 1121 University Avenue Patricia A. Donath, 400 Iowa Street Mrs. Elizabeth Krajnovich, 239 West 6th Street Theodore G. Kanavas, 1689 Elm Street Marcille A. Pauly, 1200 Iowa Street John L. Savary, 827 Dodge Street Melvin A. Spiegelhalter, 10291/2 Main Street Donald Sand, 2364 Washington Street Mark R. Smith & Bernard F. Ska. hill, 400 Central Avenue Eileen Wunder, 1006 Central Ave- nue Mrs. Helen Weiner, 709 University Avenue CLASS "C" BEER PERMIT Fred L. Weiner, 1101 White Street Robert L. Becker, 2418 Central Avenue Harold A. Casey, 655 Clarke Drive Kenneth Joseph Waul, 2850 Bur- lington Street J. F. Thompson, 250 West 1st Street BE IT FURTHER RESOLVED that the bonds filed by such appli- cants be and the same are hereby approved. Passed, adopted and approved thise 20th day of June, 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 Mayor Pregler. Carried by the fol- lowing vote: Yeas — Mayor Pregler, Council- men Ludwig, McCauley, Schultz. Nays—None. Absent—Councilman Pfohl. RESOLUTION NO. 169-66 WHEREAS, applications for Liq- jor Permits have been submitted o this Council for approval and :he same have been examined. Special Session, June 20, 1988 249 NOW THEREFORE BE IT RE- SOLVED, by the City Council of the City of Dubuque, Iowa, that the following applications be granted and licenses issued upon the compliance with the terms of the Iowa Liquor Control Act — Chapter 123—as amended by the 60th General Assembly, 1963. CLASS "B" HOTEL Confield Hotel, Inc., 36 West 4th Street CLASS "C" COMMERCIAL ESTABLISHMENT Aristo Food', of Iowa, Inc., 1111 Dodge Street Carl N. Brant, 2600 Central Avenue Mrs. Josephine Burke, 531 Main Street Russell Evans, 29 West 8th Street Alice Erschen, 2620 University Avenue Ramona Fettgather, 1103 Iowa Street Lorraine Gordon, 2327 Central Avenue Alma Henkel, 241 Main Street Joseph P. & Bernice M. Hillard. 431 Rhomberg Avenue Florence F. Herburger, 2987 Jack- son Street Mrs. Elizabeth Krajnovich, 239 West 6th Street Donald M. Love, 250 West 6th Street Frederick A. Link, 1080 Universit. Avenue Vernon L. Meyer, 530 East 22nd Street June M. Noel, 2400 Central Ave- nue Albert J. Ney, 1842 Central Avenue Marcille A. Pauly, 1200 Iowa Street Riverside Bowl, Incorporated, 1860 Hawthorne Street Joseph Edward Reisdorf, 601 Rhomberg Avenue John L. Savary, 027 Dodge Street Mark R. Smith & Bernard F. Ska hill, 400 Central Avenue Richard N. Stecklein, 450 West Lo- cust Street Donald T. Sand, 2364 Washington Street Paul Schollmeyer, 176 Locus Street Eileen Wunder, 1006 Central Ave nue Fischer Bowling Lanes Club, Locust Street Helen Weiner, 709 University Av nue Marcella McCarty, 2093 Washing- ton Street Patricia Sarris, 760 East 16th Street Dubuque Post #6 The American Legion, 290 West 4th Street CLASS "A" CLUB LICENSE Benevolent & Protective Order of Elks No. 267, 7th & Locust Street Passed, adopted and approved this 20th day of June, 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 Mayor Pregler. Carried by the following vote: Yeas — Mayor Pregler, Council- men Ludwig, McCauley, Schultz. Nays—None. Absent—Councilman Pfohl. RESOLUTION NO. 170-66 WHEREAS, applications for Liq- uor Permits were filed by the with- in named applicants and they have received the approval of this Coun- cil, and WHEREAS, the premises to be occupied by such applicants were inspected and found to comply with the State Law and all City ordinances relevant thereto and they have filed proper bonds; NOW THEREFORE BE IT RE. SOLVED by the City Council of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named applicants a Liquor Permit. CLASS "B" HOTEL Canfield Hotel, Inc.. 36 West 4th Street CLASS "C" COMMERCIAL ESTABLISHMENT Aristo Foods of Iowa, Inc., 1111 Dodge Street Carl N. Brant, 2600 Central Ave. t nue Mrs. Josephine Burke, 531 Main Street Russell Evans, 29 West 61h Street 880 Alice Erschen, 2620 University Avenue Ave Ramona Fettgather, 1103 Iowa Street 250 Special Session, June 20, 1966 Lorraine Gordon, 2327 Central Ave. nue Alma Henkel, 241 MainMStreet Joseph P. & Bernice . Iiillard, 431 Rhomberg Avenue Florence F. Herburger, 2987 Jack- son Street Mrs. Elizabeth Krajnovich, 239 West 6th Street Donald M. Love, 250 West 6th Street Frederick A. Link, 1080 University Avenue Vernon L. Meyer, 530 East 22nd Street June M. Noel, 2400 Central Avenue Albert J. Ney, 1842 Central Avenue: Marcille A. Pauly, 1200 Iowa Street Riverside Bowl, Incorporated, 1860 Hawthorne Street Joseph Edward Reisdorf, 601 Rhomberg Avenue John L. Savary, 827 Dodge Street Mark R. Smith & Bernard F. Ska- hill, 400 Central Avenue Richard N. Stecklein, 450 West Lo- cust Street Donald T. Sand, 2364 Washington Street Paul Schollmeyer, 176 Locust Street Eileen Wunder, 1006 Central Ave- nue Fischer Bowling Lanes Club, 880 Locust Street Helen Weiner, 709 University Ave- nue Marcella McCarty, 2093 Washing- ton Street Patricia Sarris, 760 East 16th Street Dubuque Post #6 The American Legion, 290 West 4th Street CLASS "A" CLUB LICENSE Benevolent & Protective Order of Elks No. 267, 7th & Locust Street Passed, adopted and approved this 20th day of June, 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 Pfohl. There being no further business Councilman McCauley moved to adjourn. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Mayor Pregler, Council- men Ludwig, McCauley, Schultz. Nays—None. Absent --Councilman Pfohl. Leo F. Frommelt City Clerk ApprovedOCtC!beI' 1.7 1966 Adopted..O,CtObe ....17...., 1966 Councilmen 1. .:.!!.... c� y• ................... ......................... j Oty Clerk Special Session, June 27, 1966 251 CITY COUNCIL (OFFICIAL) Special Session, June 27, 1966. Council met at 7:30 P.M. ( D.S.T. ) Present — Mayor Pregler, Councilmen Ludwig, McCauley, Schultz. City Manager Gilbert D. Chavenelle. Absent—Councilman Pfohl. Mayor Pregler read the call and stated that service thereof had been duly made and this meeting is called for the purpose of ap- proving various cigarette, beer and liquor license and acting on any other business which may proper- ly come before a regular meeting of the City Council. Communication of Dan Flynn, captain of U. S. Navy, expressing his appreciation of courtesies ex- tended by the Police Department and also the interest shown by Dr. Ken Hazlet in the City while vis- iting in Waukegan, presented and read. Mayor Pregler moved that the communication be received and filed. Seconded by Councilman Mc- Cauley. Carried by the following vote: Yeas -- Mayor Pregler. Council- men Ludwig. McCauley. Schultz. Nays—None. Absent—Councilman Pfohl. Communication of Women's Christian Temperance Union of Iowa sponsoring the ringing of bells on the Fourth of July 1966 in recognition of the nations 190th birthday and encourage public participation at the hour of 2 P.M. eastern daylight time, presented and read. Councilman Ludwig moved approval of the communi- cation. Seconded by Mayor Preg- ler. Carried by the following vote. Yeas — Mayor Pregler, Council- men Ludwig, McCauley, Schultz. Nays—None. Absent—Councilman Pfohl. June 25, 1966 To the Honorable Mayor the Health Department for the month of May, 1966, Respectfully, Gilbert D. Chavenelle City Manager Mayor Pregler moved that the report be received and filed. Sec- onded by Councilman McCauley. Carried by the following vote: Yeas — Mayor Pregler, Council- men Ludwig, McCauley, Schultz. Nays—None. Absent—Councilman Pfohl. June 27, 1966 '1'o 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. and City Council Gentlemen: I herewith submit the report of SIDEWALK Fischer Investment Company, Hawkeye-Security Insurance Co. Tri-State Paving Company, Hawk - eye -Security Insurance Co. Respectfully, Gilbert D. Chavenelle, City Manager Mayor Pregler moved that the bonds be filed subject to the ap- proval of the City Solicitor. Sec- onded by Councilman Ludwig. Car- ried by the following vote: Yeas — Mayor Pregler, Council- men Ludwig, McCauley, Schultz. Nays—None. Absent—Councilman Pfohl. Notice of claim of Northwestern Bell Telephone Co., in the amount of $111.70 for truck damage as the result of being struck by a city fire truck at 20th & Jackson Street on June 22, 1966, presented and read. Councilman Ludwig moved that the notice of claim be referred to the City Solicitor for investigation and report. Seconded by Councilman McCauley. Carried by the following vote: Yeas — Mayor Pregler, Coucil- men Ludwig, McCauley, z Nays—None. Absent—Councilman Pfohl. Notice of claim of Ricky Schlung, in the amount of $49.00 for a dam- aged bicycle as the result of said bicycle being backed over by a Park Board Truck at Allison & Henderson Park on June 20, 1966, presented and read. Councilman Ludwig moved that the notice of i claim be referred to the City So - 252 Special Session, June 27, 1966 licitor for investigation and re- port. Seconded by Councilman Mc- Cauley. Carried by the following vote: Yeas — Mayor Pregler, Council- men Ludwig, McCauley, Schultz. Nays—None. Absent—Councilman Pfohl. ORDINANCE NO. 37-66 An Ordinance authorizing Rod- ger Steen Jordahl to construct a retaining wall on Mineral Street, presented and read. Councilman Schultz moved that the reading just had be considered the first reading of the Ordinance. Seconded by Councilman McCau- ley. Carried by the following vote: Yeas — Mayor Pregler, Council- men Ludwig, McCauley, Schultz. Nays—None. Absent—Councilman Pfohl. Councilman Schultz 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, Schultz. Nays—None. Absent—Councilman Pfohl. CITY ORDAINED BY IOWA: Section 1. That Rodger Steen Jordahl & Mrs. Rodger S. Jordahl as owners of the premises known as 2550 Mineral Street In the City of Dubuque be, and they are hereby granted the revocable license and aulhority to construct and maintain retaining walls to preserve 2 large trees on 2550 Mineral Street and r the terms and conditions set forth ?n this Ordinance: Section 2. That such construction shall be done in accordance with plans here- tofore submitted by permittees and ap- proved by City Manager, under the super- vision and direction of the City Manager, and In accordance with all appllcabe state and federal laws and regulations, and the ordinances of the City of Dubuque. Sectspn 3. That the permission herein grantetl Is expressly conditioned on per- mittee6 agreement to: (el Assume any and all liability for damages to persons or property which may result from the existence, con- struction or maintenance of said re. talnlne� walls (b) To pay on behalf of the City W Dubuque all sums which the CIIv op{f Dubuque shall become obligated to Pay by reason of the liability Imposed upon the City of Dubuqque for dam. ages of any kind resulting frpm the existence, construction or maintenance of said retaining walls sustained by an person or persons, caused by ac- cident or otherwise, to defend at Its own expense and on behalf of said CItgY any claim against the City of constructioniisloo maintenancex�of re- taining walls. Section d. That the permission herein granted is expressly conditioned upon Permittees further agreement that should the right and privilege herein granted be rescinded or revoked by the City Council, permittees, or their successors In Interest, as owners of the abutting property, shall within thirty (30) days after receipt of written notice from the City Manager, so to do, at their own expense, remove said retaining walls, and in the event of their failure so to do, the City of Dubuque shall be authorized to remove said retaining walls at permittees ex- pense and dispose Of the same, and the permittees shall have no claim against the Cily or Its agents for damages re- sulting from the removal of said retain - Ing walls. Section S. This Ordinance shall become effective and the rights hereunder ac- crue to Rodger Steen Jordahl & Mrs. Rodger S. Jordahl when this Ordinance has been adopted by the City Council and the terms and conditions thereof eaccepted ndorsed r Orttpes by dinance. Passed, acceptance ndos d onthis Passed, adoptedand approved this 27th day of June, A.D. a •. 1966 A. Pregler Mayor M. Sylvester McCauley Merlin F. Schultz Richard Ludwig Councilmen Attest: CLeaityCI P*rommelt ACCEPTANCE OF ORDINANCE NO. 77-66 the some and conditions and talned to be Published officially in the Telegraph. Herald Newspaper this 7th day of July 1%6. Leo F. Frommelt 1 t. 7.7 City Clerk Councilman Schultz moved adop- tion of the Ordinance. Seconded by Councilman McCauley. Carried by the following vote: Yeas — Mayor Pregler, Council- men Ludwig, McCauley, Schultz. Nays—None. Absent—Councilman Pfohl. ORDINANCE NO. 34-66 An Ordinance authorizing Ger- ald L. Udelhofen and Joan Udel- hofen to construct a retaining wall, presented and read. Councilman Schultz moved that the reading just had be considered the first reading of the Ordinance. Seconded by Councilman McCau- ley. Carried by the following vote: Yeas — Mayor Pregler, Council- men Ludwig, McCauley, Schultz. Nays—None. Absent—Councilman Pfohl. Councilman Schultz 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: Was — Mayor Pregler. Council- men Ludwig, McCauley, Schultz. Nays—None. Absent—Councilman Pfobl. Special Session, June 27. 1966 253 ORDINANCE NO. 34.66 AN ORDINANCE AUTHOR17ING GER- ALD L. UDELHOFEN AND JOAN UDEL- WALLN TO CONSTRUCT A RETAINING at IT ORDAINED BY THE CITY COUNCIL of THE C17Y OF DU- BUGUESection 1, That Gerald L. Udelhofen and Joan Udelhrlen, as owners of the Prem• Ises known as 1898 Audubon Street, in the City of Dubuque be, and they are hereby granted the revocable license and authority to construct and maintain re - lot ning wall on 1898 Audubon Street, Under terms er ace d conditions set forth thisIn ction 2. That such construction shall beSedone In accordance with plans hereto- fore submitted by permittees and ap- proved by City Manager, under the super- vlslonand direction of me City Manager, and In accordance with all aPr1hc,,1ble state an:l federal laws and regulatrns, ,...e Inn ordinances of the City of Du- p. - section 3. That the permission herein ranted is expressly conditioned en Per- nittees agreement to: (A) Assume any and all Ilablllty, for damages 10 persons or property which may result from the existence, con- struction or maintenance of said re- laining wall (b) To pay on behalf of the City of Dubuque all sums which the Gly of Dubuque shall become obligated 10 pay by reason of the liabil-ty im- posed upon the City of Oubuque for damages of any klnd resulting from the existence, construction or main- tenance Of sold retaining welh sus- tained by any Person or persons, caused by accident or otherwise, to defend at Its own expense and on be - Cit of oofsaf)ubugj a any nut i o11 the existence, construction or maintenance of retaining wall. Section 4. That the permission rorem rerm�eeaslurthersagreemrennttithat should the right and privilege herein granted be rescinded or revgked by the City Coun- cilPermittees, orair successor% in n- terett, as owners of the abutting Prop- erty shall witjin thirty (7�pp) da s alter receipt o} written notice from tiro City Manager, so to do, at their own expense, remove said retaining wall, and in the event olltheir failure so to do, the C11y of Dubuque shall be authorized to rP move, ".i retaining wall, at permittees expense and dispose of the same, and the perm I13"S shall have no claim against the City or its agents for damages re aulting from the removal of said re tainmg wall. Seellon S This Ordinance shall become tot Gerald tive arid the tUdetrights Pnnhereunder oanaUdel- hofen when this Ordinance has been adopted by the City Council and the ferm5 and conditions thereof accepted by permittees by acceptance endorxed on this ordmance. Passed, adopted and approved this 271h day of June. A.D. 1966. Waller A. Pregler Mayor M. Sylvester McCauley Merlin F. Schulz: Richard Ludwig Councilmen Attest: Leo F. Frommelt City Clerk ACCEPTANCE OF ORDINANCE NU. 34.66 The undersigned having read and being familiar with the terms antl griditiuns of Ordinance No. 34.66 hereby, for them- selves, their successors or assigns, as owners of the abuttingproppeerly, accept the same and agree to be txwnd by the conditions and agreements therein can* tained o be Performed by peimiltees. ale June 29, 1%6 By Gerald L. Udelhoten a Property UOwners. ep hls Published off ic1e11Ynithr daveol rainy aph Herald Newspaper tt 1966. Leo F. Frommelt City Clerk. 11. 7.7 Councilman Schultz moved adop- tion of the Ordinance. Seconded by Councilman McCauley. Carried by the following vote: Yeas — Mayor Pregler, Council. men Ludwig, McCauley. Schultz. Nays—None. Absent—Councilman Pfohl. ORDINANCE NO. 35-46 An Ordinance authorizing Church of the Nativity Corporation to construct Curb & Gutter or Re- ialning Wall 3 feet on to Alta Vista St, to extend parking Lot, ;,resented and read. Councilman Schultz moved that the reading just had be consid- ered the first reading of the Or- flinance. Seconded by Councilman VcCauley. Carried by the follow- ing vote: Peas — Mayor Pregler, Council- men Ludwig, McCauley, Schultz. Nays—None. Absent—Councilman Pfohl. Councilman Schultz moved that the rule requiring an Ordinance to be read on three separate days be waived. Seconded by Mayor Preg- i.er. Carried by the following vote: Yeas — Mayor Pregler, Council- men Ludwig. McCauley, Schultz. Nays—None. Absent—Councilman Pfohl. ORDINANCE NO. 35.66 ROINANCE AUTHORIZING CTO OCONSTRI CT YC 6 RG OR INING WALL 3 FEET ON TO VSTA ST. TO EXTEND PARK - T. ORDAINED BY THE CITY CIL OF THE CITY OF DU- y��, .� Secbdn 1. That Church of the Natles Itv Corporation, as owners of Me Premises y known as 1029 University, In the Cit oranttad the revocable license and are author Ptv to construct and, maintain, under the terms and conditions setforth In this Ordinance: C & G or retaining wall utas on parking lot caintbest. extendedithree leet. Section 2. That such construction shall be done in accordance with Plans hare- OP - proved by Citve Manager, understhensuper- vision and direction of the City Man. pPidlDte and tette eiiGrd frderawith awsll a d regulations. and the ordinances of the City of Dubuque. Section 3. That the permission herein granteed d is expressly toonditioned on Per- rnitte(a) Assume any and all liability for damage to persons or property which may result from the existence, constructsppn or maintenance of said ar & utter lot. retaining wall or o Ib) To pay on behalf of the City of Dubuque all sums which the City of Dubuque shall become obli- galed to par by reason of the Ila. lllty Imposed upon the Cty o1 Dubuque for damages of any kind re- sulting from the existence, construc- tion nGutterrnornl retain ng 1 wall or u on said perking lot, sustained by any person or persons, caused by ecc- dent or otherwise, to defend at Its own expense and on behalf of sold Clit any claim against the Clty of Duuoue arising out of the existence, consfructlon or maintenance of retain - Ing wall. Section 4. Thai the permission herein prrrnlfftiessfuritiier �egreeconditioned enf IthO should 1.54 Special Session, June 27, 1966 the right and privilege herein grannted be rescinded or revoked by the CI Council, permittees, or their successors in Interest, as owners of the abutting property, shall within thirty (30) days after Manager, swritten rtoe donotaI their own expense, remove said curb & gutter or retaining wall or on said parxing lot, and In the event of their failure so to tdhoriied tol� remove said ecu b II& be or retaining wall or on said parking lot, at permittees expense and dispose of the same, and the permittees shall have no claim against the City or Its agents for damages resulting from the removal ofsaid curb & gutter or retaining wall or_on_ said parking lot. .. accrue to Church of the Nativity Lor - pp ration when this Ordinance has been adopted by the City Council and the terms and conditions thereof accepted by permittees by acceptance endorsed on #his Ordinance. Passed, adopted and approved this 27th daWALTER eX.APREGLER Mayor M SYLVESTER McCAULEY MtRLIN F. SCHULTZ RICHARD LUDWIG Councilmen Attest: Leo F. Frommelt City Clerk ACCEPTANCE OF ORDINANCE NO. 1566 The undersigned having read and be - abutting prop- nd agree to be and agreements performed by By Loras J. Watters, Pastor Vice -President By C. T. O'Dowd Secretary or other Officer Published officially In The Telegraph - Herald newspaper this 71h day of July, 1966. Leo F. Frommelt it 7-7 City Clerk Councilman Schultz moved the adoption of the Ordinance. Second- ed by Councilman McCauley. Car- ried by the following vote: Yeas — Mayor Pregler, Council- men Ludwig, McCauley, Schultz. Nays—None. Absent—Councilman Pfohl. ORDINANCE NO. 36-66 An Ordinance Amending and Changing Ordinance No. 3-34, known as the Zoning Map and Zoning Ordinance of the City of Dubuque, so as to change Lots 1, 2, and 3 of "Sarah S. and Ed- ward Bartels Place at Center Grove" from Single Family Resi- dential District Classification to Local Business "B" Classifica- tion, 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, Council- men Ludwig, McCauley, Schultz. Nays—None, Absent—Councilman Pfohl. Councilman Schultz 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, Council- men Ludwig, McCauley, Schultz. Nays—None. Absent—Councilman Pfohl. Councilman Ludwig moved that a public hearing be held on the Or- dinance on July 18, 1966, at 7:30 P.M. (D.S.T.) in the Council Cham- ber at the City Hall and that the City Clerk be instructed to publish notice of the hearing in the man- ner required by law. Seconded by Mayor Pregler. Carried by the fol- lowing vote: Yeas — Mayor Pregler, Council- men Ludwig, McCauley, Schultz. Nays—None. Absent—Councilman Pfohl. Petition of Dubuque Sports Bowl requesting permission to conduct an aerial fireworks dis- play on July 2, 1966, presented and read. Councilman Ludwig moved that the petition be granted sub- ject to approval of the Fire Chief to assure proper supervision. 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 A. J. Kerper request- ing permission to excavate in Cha- ney Road to install sewer and wa- ter service to Lot 1 on Block 1 of St. Anne's Subdivision, presented and read. Mayor Pregler moved that the petition be granted. Sec- onded by Councilman McCauley. Carried by the following vote: Yeas — Mayor Pregler, Council- men Ludwig, McCauley, Schultz. Nays—None. Absent—Councilman Pfohl. RESOLUTION NO. 176-66 WHEREAS, Paul C. Hoppman and Jeanette Hoppman are the owners of Lot 1 of "Lawrence Dubuque" in the City of Dubuque, Iowa; and WHEREAS, part of vacated Glen Oak Street abuts thereon which was vacated by Ordinance passed, adopted and approved September 20, 1922 and same conveyed to the predecessors in title to the present owners but that no deed was ever delivered. Special Session, June 27, 1986 255 NOW THEREFORE Be It Re- solved by the City Council of City of Dubuque, Iowa: Section 1. That the part of va- cated Glen Oak Street vacated un- der Ordinance passed, adopted and approved on September 20, 1922 as abuts Lots 1 of "Lawrence Du- buque" in the City of Dubuque, Iowa, be and the same is hereby deeded to Paul C. Hoppman and Jeanette Hoppman, husband and wife, as joint tenants with right of survivorship. Section 2. That the Mayor and City Clerk be and they are here- by authorized and directed to exe- cute Quit Claim Deed conveying said real estate to the said Paul C. Hoppman and Jeanette Hopp - man. Passed, adopted and approved this 27th day of June, A.D., 1968. 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 Schultz. Carried by the following vote: Yeas — Mayor Pregler, Council- men Ludwig, McCauley, Schultz. Nays—None. Absent—Councilman Pfohl. RESOLUTION NO. 171-66 BE 1T RESOLVED by the City Council of the City of Dubuque, Iowa, that the following having complied with the provisions of law relating to the sale of Ciga- rettes within the City of Dubuque, Iowa, be granted a permit to sell cigarettes and Cigarette Papers within said City. Amvets Club, 429 Main Street Cruso A. Alba, 2601 Jackson Street Leonard P. Bertsch, 304326 Main Street Mrs. Josephine Burke, 531 Main Street Willard J. Driscoll, 509 Eighth Avenue Victoria Ellis, 120 West 4th Street Eagles Club, 6th do Locust Street Gene Evarts, 2678 Central Avenue Milton F. Fink, 3165 Central Ave nue Fischer Office Grill, Fischer Build• ing Ken Fenelon, 3166 Jackson Street Alford F. Finch, 1347 Central Ave. nue Robert A. Freund, 805 West 5th Street Theodore J. Ferring, 385 East 13th Street Marco Guinta, 2022 Central Ave. nue Hartig Drug Company, 2225 Cen. tral Avenue Hartig Drug Company, 730-736 Main Street Hartig Drug Company, 95 Locust Street Richard Hill, 2412 Central Avenue Delbert E. Jones, 3165 Central Avenue Harry Kopple, 1098 University Avenue Kissell Grocery, 611 University Avenue Eldon J. Konzen, 1281 Dodge Street Raymond Kratz, 2417 Rhomberg Avenue Frank Karrigan, 2199 University Avenue Loras College, 1450 Alta Vista Howard McCauley, 22nd & Central Avenue Noah McNamer, 216 West 1st Street Earl J. McNamara, 1046 University Avenue National Food Stores, 2013 Central Avenue Navy Club, 469 Main Street Rose Nebel, 521 East 22nd Street Kenneth J. osterbaus, 744 Main Street Karl if. Olson, 2071 Asbury Street Page Hotel Company, 75 East 4th Street Arthur W. Pins, 2699 Kennedy Road Ravis Parker, 1397 Jackson Street Street Andrew Poulos, 926 Main Street R. S. Ruegnitz, 629 Rhomberg Ave- nue Roger Rommell, 693 Dod298Street William A. Rhomberg, Street Harold A. Specht, 3003 Asbury Street Dlathais A. Schneiler, 132 Eighth Avenue J. F. Stampfer Co., 804 Main Street Don Schroeder, 2890 Central Ave. nue John Steffens, 690 West Locust Street 256 Special Session, June 27, 1966 William G. Spielman, 1075 Dodge Street Leo Sun, 206 West 3rd Street University of Dubuque, 2050 Uni- versity Avenue Ming Wong, 280 Main Street Xavier Hospital Gift Shop, Davis & Windsor Avenue American Legion Post No. 6, 4th & Locust Street Donald F. Arthover, 532 East 22nd Street Harriett Bush, 700 East 16th Street Creslanes Bowling, Inc., 255 South Main Street M. L. Donovan, 1876 Central Ave- nue Delbert Daugherty, 238 West 6th Street Lester & Marie Eichorn, 1725 Delhi Joan M. Felderman, 1046 Central Avenue Raphael William Grant, 3050 As- bury Street Louis H. Harle, 62 Locust Street William F. Hancock, 2205 Carter Road Dorothy Jewell, 574 East 161h Street Darlene Kelly, 605 Dodge Street Darlene Kelly, 400 Rhomberg Ave- nue Kenneth Jerome Love, 802 Iowa Street Cyril M. Meitl, 1555 Central Ave- nue Carl E. Nagelmaker, 3203 Jackson Street John C. Neumeister, 729 Lincoln Avenue Palmer Drug Company, 2600 Dodge Street Plaza 20 Arthur G. Rieke, 55 East 7th Street William C. Smith, 600 Central Avenue Carl Van Duelman, 590 Clarke Drive Louis J. Winkler, 625 Central Ave. nue Sylvestor A. Weiner, 201 East 22nd Street Harold B. Welter, 534 Rhomberg Avenue Donald E. Wertz, 1545 South Grandview Avenue Beatrice C. Winkler, 1400 Central Avenue Mrs. Marion Bridge, 2038 Central Avenue Northern Drug Company, 651 Main Street Clyde Bradley, 3198 Central Ave- nue Mrs. Emma Scherer, 1187 Iowa Street National Tea Store, 1313 Dodge Street Richard G. Rahe & David Burds, 1564 Central Avenue Carl Herburger, 30th & Jackson Street Robert Hantelmann, 902 Main Street Clarence Ney, 1703 Maple Street BE IT FURTHER RESOLVED that the bonds filed with the ap- plication be approved. Passed, adopted and approved this 27th day of June, 1966. Walter A. Pregler . Mayor M. Sylvester McCauley Merlin F. Schultz Richard Ludwig Councilmen Attest: Leo F. Frommelt City Clerk Councilman Ludwig moved adop- tion of the resolution. Seconded by Councilman McCauley. Carried by the following vote: Yeas — Mayor Pregler, Council- men Ludwig, McCauley, Schultz. Nays—None. Absent—Councilman Pfohl. RESOLUTION NO. 172-66 WHEREAS, applications for Beer Permits have been submitted to this Council for approval and the same have been examined: NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the following applica- tions be granted and licenses be issued upon the compliance with the terms of the ordinances of the city. CLASS "B" PRIVATE CLUB PERMIT Fraternal Order of Eagles Aerie No. 568, 6th & Locust Street The Navy Club Ship 67, 469 Main Street Dubuque Post No. 6 The American Legion, 290 West 4th Street CLASS "B" PERMIT Francis T. Kohl, 1700 Central Ave- nue (Transfer from 1701 Cen- tral Avenue effective July 1, 1966) William C. Smith, 600 Central Ave- nue Leo Grass, 1105 University Avenue Special Session, June 27, 1988 257 Arthur W. Pins, 2699 Kennedy Road William A. Rhomberg, 1298 Main Street (Effective July 1, 1966) CLASS "C" PERMIT Eugene C. Evarts, 2678 Central Avenue Thompson's Food Markets, Inc., Corner of Kennedy & Penn. Rds. Passed, adopted and approved this 27th day of June, 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, Council- men Ludwig, McCauley, Schultz. Nays.—None. Absent --Councilman Pfohl. RESOLUTION NO. 173—" WHEREAS, applications for Beer Permits were filed by the within named applicants and they have received the approval of this Coun- cil; WHEREAS, the premises to be occupied by such applicants were inspected and found to comply with the ordinances of this City and they have filed proper bonds: NOW THEREFORE, Be It Re- solved by the City Council of the City of Dubuque, Iowa, that the Manager be and he is hereby di- rected to issue to the following named applicants a Beer Permit. CLASS "B" PRIVATE CLUB PERMIT Fraternal Order of Eagles Aerie No. 568, 6th & Locust Street The Navy Club Ship 67, 469 Main Street Dubuque Post No. 6 The American Legion, 290 West 4th Street CLASS "B" PERMIT Francis T. Kohl, 1700 Central Ave- nue (Transfer from 1701 Central Avenue effective July 1, 1966) William C. Smith, 600 Central Ave- nue Leo Grass, 1105 University Avenue Arthur W. Pins, 2699 Kennedy Road William A. Rhomberg, 1298 Street (Effective July 1, 1966) CLASS "C" PERMIT Eugene C. Evans, 2678 Central Avenue Thompson's Food Markets, Inc., Corner of Kennedy & Penn. Rds. BE IT FURTHER RESOLVED that the bonds filed by such ap• plicants be and the same are here. by approved, Passed, adopted and approved this 27th day of June, 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 Pfohl. RESOLUTION NO. 174--66 WHEREAS, applications for Liq- uor Permits have been submitted to this Council for approval and the same have been examined, NOW THEREFORE Be It Re- solved by the City Council of the City of Dubuque, Iowa, that the following applications be granted and licenses issued upon the com- pliance with the terms of the IOWA LIQUOR CONTROL ACT— CHAPTER 123 — as amended by the 60th General Assembly, 1963. CLASS "A" CLUB Amvets, Post No. 3, 429 Main Street CLASS "C" COMMERCIAL ESTABLISHMENT Francis 'r. Kohl, 1700 Central Ave- nue ('l-ransfer from 1701 Central Avenue effective July 1, 1966) Harriett Bush, 700 East 16th Street Cyril Mehl, 1555 Central Avenue Russell 1•:. Myers, 1618 Central Ave- nue Arthur W. Pins, 2699 Kennedy Road 1206 Main William A. Rhomberg. Street (Effective July 1, 1966) Ilarry N. Gantert, 1301 Rhomberg Avenue 258 Special Session, June 27, 1966 Passed, adopted and approved Harry N. Gantert, 1301 Rhomberg this 27th day of June, 1966. Avenue Walter A. Pregler Passed, adopted and approved Mayor this 27th day of June, 1966. M. Sylvester McCauley Walter A. Pregler Merlin F. Schultz Mayor Richard Ludwig M. Sylvester McCauley Councilmen Merlin F. Schultz Attest: Richard Ludwig Leo F. Frommelt Councilmen City Clerk Attest: Councilman Ludwig moved adop- Leo F. Frommelt tion of the resolution. Seconded by City Clerk Mayor Pregler. Carried by the fol- Mayor Pregler moved adoption lowing vote: of the resolution. Seconded by Yeas — Mayor Pregler, Council- Councilman McCauley. Carried by men Ludwig, McCauley, Schultz. the following vote: Nays—None. Yeas — Mayor Pregler, Council- Absent—Councilman Pfohl. men Ludwig, McCauley, Schultz. RESOLUTION NO. 175-66 Nays—None. WHEREAS, application for Liq- Absent—Councilman Pfohl. uor Permits were filed by the There being no further business within named applicants and they Mayor Pregler moved to adiourn. have received the approval of this Seconded by Councilman Schultz. Council. and Carried by the following vote: WHEREAS, the premises to be Yeas — Mayor Pregler, Council - occupied by such applicants were men Ludwig, McCauley, Schultz. inspected and found to comply Nays—None. with the State Law and all City Absent—Councilman Pfohl. ordinances relevant thereto and Leo F. Frommelt they have filed proper bonds; City Clerk NOW THEREFORE Be It Re- solved by the City Council of Du- buque, Iowa, that the Manager be Approved ................ 'e..............., 1966 authorized to cause to be issued to the following named applicants 1 Liquor Permit. Adopted..00t............Ob@r .................7....., 1966 CLASS "A" CLUB Amvets, Post No. 3, 429 Main Street CLASS "C" COMMERCIAL ESTABLISHMENT ...... Francis T. Kohl, 1700 Central Ave- f 7 nue (Transfer from 1701 Cen. Councilmen tral Avenue effective July 1, 1966) Harriett Bush, 700 East 16th Street ,�L� Q/J � l6r:CwC7f«A} .... [. Cyril Meitl, 1555 Central Avenue Russell E. Myers, 1618 Central Avenue ........ ...................... Arthur W. Pins, 2699 Kennedy �,-5s Road f� ttteWilliam A. Rhomberg, 1298 Main ""...... """"""'" Street (Effective July 1, 1966) City Clerk Regular Session, July 4, 1%6 259 CITY COUNCIL � OFFICIAL Regular Session, July 4, 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 November 7 lass Approved..................................... Adopted ....No.vember.......?.., 1966 .................... � r Councilmen 1: ................................. ,.....:... _.............................. City Clerk _'8t1 Adjourned Reptlar Session, July 5, 1966 CITY COUNCIL OFFICIAL Adjourned Regular Session July 5, 1966. Council met at 7:30 P.M. (D.S.T.) Present—Mayor Pregler, Coun- cilmen Ludwig, McCauley, Pfohl, Schultz. City Manager Gilbert D. Chavenelle. Mayor Pregler read the call and stated that service thereof had been duly made, this being an ad- journed session of the Rcgular ses- sion of July 4, 1966, called for the purpose of acting upon such busi- ness as may come before a Regu- lar meeting of the City Council. July 1, 1966 To the Honorable Mayor and City Council Gentlemen: I recommend the following street lighting improvement on South Locust Street, Dodge to Mt. Carmel: 7 new 250 watt Mercury Vapor Lights Relocate or change six old lights to 6 250 watt. Mercury Vapor lights, making a total of thir- teen (13) 250 watt Mercury Va- por Lights. Respectfully, 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 Ludwig, McCauley, Pfohl, Schultz. Nays—None. July 5, 1966 To the Honorable Mayor and City Council Gentlemen: I herewith submit the report of the Health Department for the month of May, 1966. Respectfully, Gilbert D. Chavenelle City Manager Councilman Pfohl moved that the report be received and filed. Seconded by Mayor Pregler. Car. ried by the following vote: Yeas — Mayor Pregler, Coun- cilmen Ludwig, McCauley, Pfohl, Schultz. Nays—None. .July 1, 1966 To the Honorable Mayor and City Council Gentlemen: I submit to you the report of the City records and accounts for the year 1965 by O'Connor, Brooks, Ahrendt and Brooks, Certified Public Accountants. Respectfully, Gilbert D. Chavenelle City Manager Councilman Pfohl moved that the report be received and filed. Seconded by Mayor Pregler. Car- ried by the following vote: Yeas — Mayor Pregler, Coun- cilmen Ludwig, McCauley, Pfohl, Schultz. Nays—None. June 29, 1966 To the Honorable Mayor and City Council Gentlemen: At the June 20, 1966 meeting, the Council referred the recom- mendation for the rezoning of the west side of Central Avenue from 24th Street to Diagonal Street from Business to Multiple Fam- ily back to the Commission for legal descriptions of the property involved. The legal description of these properties is as follows. Lots 1, 2, 3, and 4 of Dunn's Subdivision. The East 100 feet of Lot 2.1-2.1- 18, 1-1-2-1.18, 2-16, 3.1-16, 2.1-16, 2-EI/2-14, 1-1-1 Elh-14, E% of 12, NEI/4-10, SEI/4-10, NEI/4-8, 1-S%-8 Exe. W125% N% -E 180' -8 -Sub. of Lot 6, SI/z-E 180' -8 -Sub. of Lot 6 all in John King's Dubuque Sub- division; All of Lot 1.10, the East 100 feet of Lot 8, 9, 2.10, 2-2-11, 2.1-11 in Wullwebers Subdivision. The Council will note when viewing the area that the only business use made on these lots is the vacant tavern building on the north-west corner of 24th and Central which has not been used for about two years. The structure formerly used as Adjourned Regular Session, July 5, 1966 261. the Herrmann Museum is also lo- cilmen Ludwig, McCauley, Pfohl, cated iin this block. Schultz. Respectfully submitted, Nays—None. Dubuque City Planning and July 1, 1966 Zoning Commission Hon. Mayor & City Council Clyde E. Cook Gentlemen: Mayor Pregler moved that the On November 1, 1965, Mr. and communication be referred to the Mrs. Kamm of 2395 Rhomberg Council and Manager to view the Avenue filed claim against the grounds. Seconded by Councilman City of Dubuque in the amount of. McCauley. Carried by the follow- 6458.59, claiming damages aris- ing vote: ing out of the flooding of their Yeas — Mayor Pregler, Coun- basement by faulty storm sewer. cilmen Ludwig, McCauley, Pfohl, I have made an investigation of Schultz,. this matter and referred said claim Nays—None. to the proper City Agency who ad - Notice of claim of C. J. Niedert vised me on June 29, 1966, that on of 2415 Green Street in the the basis of their investigation that amount of 683.12 for car damage there was no negligence on the part of the City for the reason that as the result of striking an over- the condition complained of was hanging tree in the street at 2160 caused from the flood waters of the University Avenue, presented and Mississippi River. read. Councilman McCauley moved that the notice of claim be re- In view of the foregoing it is the ferred to the City Solicitor for recommendation of the City At - investigation and report. Seconded torney that said claim be denied. by Mayor Pregler. Carried by the Original claim is attached here - following vote: Yeas — Mayor Pregler, Coun- to. Respectfully submitted, cilmen Ludwig, McCauley, Pfohl, R. N. Russo, Schultz. City Attorney Nays—None. Councilman Pfohl moved that July 1, 1966 the recommendation of the City Hon. Mayor & City Council Attorney be approved. Seconded by Councilman Schultz. Carried by Gentlemen: the following vote: On November 15, 1965, Anna A. yeas — Mayor Pregler, Council - Bloom of Mineral Point, Wiscon- men Ludwig, M-�Cauley, Pfohl, sin, filed claim for injuries suf- Schultz. fered on the Ilth day of October Nays—None. 1965 in falling in the parking July 1, 1966 ramp injuring herself as a result honorable Mayor and of such fall. Citv Council That this office referred said Gentlemen: matter to the appropriate City On June 24, 1966, Mr. Howard Agency and has been advised by Koch856 Harlan Street, Dubuque, said agency that they have dis- Iowa, filed claim for damages as posed of said claim. a result of flooding of his base - In view of the foregoing it is ment, which allegedly occurred on the recommendation of the City ,lune 16, 1966. Attorney that the above claim of I have made an investigation of Anna A. Bloom be denied. this matter and referred Mr. Koch's Original claim is attached here- claim to the appropriate City ag- to Respectfully submitted, ency who reported back to this office on June 29, 1966,.that their R. N. Russo investigation disclosed there was on the part of the City Attorney no negligence City causing said condition com- Councilman Ludwig moved that plained and that therefore said the recommendation of the City claim was denied by said agency. Attorney be approved. Seconded view of the foregoing it is the In by Councilman Pfohl. Carried by recommendation of the City At. vote: torne that the claim of Mrs. How - y Yeasfollowing Yeas — Mayor Pregler, Coun- 260 Adjourned Regular Session, July 5, 1966 CITY COUNCIL OFFICIAL Adjourned Regular Session July S, 1966. Council met at 7:30 P.M. (D.S.T.) Present—Mayor Pregler, Coun- cilmen Ludwig, McCauley, Pfohl, Schultz. City Manager Gilbert D. Chavenelle. Mayor Pregler read the call and stated that service thereof had been duly made, this being an ad- journed session of the Regular ses- sion of July 4, 1966, called for the purpose of acting upon such busi- ness as may come before a Regu- lar meeting of the City Council. July 1, 1966 To the Honorable Mayor and City Council Gentlemen: I recommend the following street lighting improvement on South Locust Street, Dodge to Mt. Carmel: 7 new 250 watt Mercury Vapor Lights Relocate or change six old lights to 6 250 watt Mercury Vapor lights, making a total of thir- teen (13) 250 watt Mercury Va- por Lights, Respectfully, 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 Ludwig, McCauley, Pfohl, Schultz. Nays—None. July 5, 1966 To the Honorable Mayor and City Council Gentlemen: I herewith submit the report of the Health Department for the month of May, 1966. Respectfully, Gilbert D. Chavenelle City Manager Councilman Pfohl moved that the report be received and filed. Seconded by Mayor Pregler. Car. ried by the following vote: Yeas — Mayor Pregler, Coun- cilmen Ludwig, McCauley, Pfohl, Schultz. Nays—None. July 1, 1966 To the Honorable Mayor and City Council Gentlemen: I submit to you the report of the City records and accounts for the year 1965 by O'Connor, Brooks, Ahrendt and Brooks, Certified Public Accountants. Respectfully, Gilbert D. Chavenelle City Manager Councilman Pfohl moved that the report be received and filed. Seconded by Mayor Pregler. Car- ried by the following vote: Yeas — Mayor Pregler, Coun- cilmen Ludwig, McCauley, Pfohl, Schultz. Nays—None. June 29, 1966 To the Honorable Mayor and City Council Gentlemen: At the June 20, 1966 meeting, the Council referred the recom. mendation for the rezoning of the west side of Central Avenue from 24th Street to Diagonal Street from Business to Multiple Fam- ily back to the Commission for legal descriptions of the property involved. The legal description of these properties is as follows. Lots 1, 2, 3, and 4 of Dunn's Subdivision. The East 100 feet of Lot 2.1-2.1- 18, 1-1-2-1.18, 2-16, 3.1-16, 2-1-16, 2-E%-14, 1-1-1 E'f2-14, Elft of 12, NE?/4-10, SE'/4-10, NEV4.8, 1-S%-8 Exe. W125% N1/2 -E 180' -8 -Sub. of Lot 6, S% -E 180' -8 -Sub. of Lot 6 all in John King's Dubuque Sub- division; All of Lot 1-10, the East 100 feet of Lot 8, 9, 2.10, 2-2.11, 2.1-11 in Wullwebers Subdivision. The Council will note when viewing the area that the only business use made on these lots is the vacant tavern building on the north-west corner of 24th and Central which has not been used for about two years. The structure formerly used as Adjourned Regular Session, July 5, 1%6 26.1 the Herrmann Museum is also lo- cated is this block. Respectfully submitted, Dubuque City Planning and Zoning Commission Clyde E. Cook Mayor Pregler moved that the communication be referred to the Council and Manager to view the grounds. Seconded by Councilman McCauley. Carried by the follow- ing vote: Yeas — Mayor Pregler, Coun- cilmen Ludwig, McCauley, Pfohl, Schultz. Nays—None. Notice of claim of C. J. Niedert of 2415 Green Street in the amount of $83.12 for car damage as the result of striking an over- hanging tree in the street at 2160 University Avenue, presented and read. Councilman McCauley moved that the notice of claim be re- ferred to the City Solicitor for investigation and report. Seconded by Mayor Pregler. Carried by the following vote: Yeas — Mayor Pregler, Coun- cilmen Ludwig, McCauley, Pfohl, Schultz. Nays—None. July 1, 1966 Hon, Mayor & City Council Gentlemen: On November 15, 1965, Anna A. Bloom of Mineral Point, Wiscon- sin, filed claim for injuries suf- fered on the 11th day of October 1965 in falling in the parking ramp injuring herself as a result of such fall. That this office referred said matter to the appropriate City Agency and has been advised by said agency that they have dis- posed of said claim. In view of the foregoing it is the recommendation of the City Attorney that the above claim of Anna A. Bloom be denied. Original claim is attached here - t o. Respectfully submitted, R. N. Russo City Attorney Councilman Ludwig moved that the recommendation of the City Attorney be approved. Seconded by Councilman Pfohl. Carried by the following vote: Yeas — Mayor Pregler, Coun- cilmen Ludwig, McCauley, Pfohl, Schultz. Nays—None. July 1, 1966 Hon. Mayor & City Council Gentlemen: On November 1, 1965, Mr. and Mrs. Kamm of 2395 Rhomberg Avenue filed claim against the City of Dubuque in the amount of $458.59, claiming damages aris- ing out of the flooding of their basement by faulty storm sewer. I have made an investigation of this matter and referred said claim to the proper City Agency who ad- vised me on June 29, 1966, that on the basis of their investigation that there was no negligence on the part of the City for the reason that the condition complained of was caused from the flood waters of the Mississippi River. In view of the foregoing it is the recommendation of the City At- torney that said claim be denied. Original claim is attached here- to. Respectfully submitted, R. N. Russo, City Attorney Councilman Pfohl moved that the recommendation of the City Attorney be approved. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Mayor Pregler, Council- men Ludwig, McCauley, Pfohl, Schultz. Nays—None. July 1, 1966 Honorable Mayor and City Council Gentlemen: On June 24, 1966, Mr. Howard Koch, 856 Harlan Street, Dubuque, Iowa, filed claim for damages as a result of flooding of his base- ment, which allegedly occurred on June 16, 1966. 1 have made: an investigation of this matter and referred Mr. Koch's claim to the appropriate City ag- ency who reported back to this office on June: 29, 1966, that their investigation disclosed there was no negligence on the part of the City causing said condition com- plained and that therefore said claim was denied by said agency. in view of the foregoing it is the recommendation of the City At- torney that the claim of Mrs. How- 262 Adjourned Regular Session, July 5. IWI) and Koch be denied. Respectfully submitted, R. N. Russo, City Attorney Councilman Pfohl moved that the recommendation of the City Attor- ney be approved. Seconded by May- or Pregler. Carried by the follow- ing vote: Yeas—Mayor Pregler, Council- men Ludwig, McCauley, Pfohl, Schultz. Nays—None. July 1, 1966 Honorable Mayor and City Council Gentlemen: You are herewith advised that Mrs. Ethel M. Voss of 855 Euclid Street, Dubuque, Iowa. heretofore filed claim against the City of Du- buque alleging damages as the result of back up of sewer on February 23, 1966. I have made an investigation of this matter and referred said claim to the appropriate City Agency who made an investigation thereof. That on the 29th day of June 1966, said agency denied the claim of Mrs. Ethel M. Voss for the rea- son that there was no negligence on the part of the City, and for the further reason that an examination of said sewer two days prior to such incidence showed it to be in good working order and therefore said agency denied said claim. In view of the foregoing it is the recommendation of the City At- torney that the claim of Mrs. Ethel M. Voss be denied. Respectfully submitted, 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 — Mayor Pregler, Council- men Ludwig, McCauley, Pfohl, Schultz. Nays—None. July 5, 1966 Honorable Mayor and City Council Gentlemen: On December 6, 1965, Mrs. Ray- mond Leuschner of 614 East 22nd Street, Dubuque, Iowa, filed claim against the City of Dubuque for injuries as a result of a fall on the 4th day of November 1965 on the public side walk abutting Senior High School at North Grandview Avenue, claiming a defective condi- tion thereat. I have made an investigation of this matter and I have conferred with the claimant who suffered a broken finger, damage to her ring, and abrasions and bruises to her legs and body; said claimant has made an offer of settlement in the amount of $150.00. It is the recommendation of the City Attorney that the offer of settlement in the amount of $150.00 be accepted and the City Auditor be instructed to draw a warrant payable to Arline Leuschner and Raymond Leuschner individually nd as husband and wife in the amount of $150.00 and transmit same to the City Attorney for delivery upon receipt of duly exe- cuted release. Original claim is attached here- to. Respectfully submitted, R. N. Russo, City Attorney Councilman McCauley moved that the recommendation of the City Attorney be approved and Auditor instructed to issue proper warrant. Seconded by Mayor Preg- ler. Carried by the following vote: Yeas — Mayor Pregler, Coun-il- men Ludwig, McCauley, Pfohl, Schultz. Nays—None. Proof of Publication, certified to by the Publisher, of notice of public hearing to consider rezon- ing of the North Fifty feet of Lot 21 Fairview Sub. from Multiple Family Residential District to Lo- cal Business "B" classification, presented 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 hearing. Councilman Pfohl moved that the proof of publication be re- ceived and filed. Seconded by Councilman Ludwig. Carried by the following vote: Yeas — Mayor Pregler, Coun- cilmen Ludwig, McCauley, Pfohl, Schultz. Nays—None. Adjourned Regular Session, July 5, 1966 263 ORDINANCE NO. 32-66 An Ordinance Amending and Changing Ordinance No. 3.34 known as the Zoning Map and Zoning Ordinance of the City of Dubuque, so as to change cer- tain property hereinafter de. scribed from "Multiple Family Residential District' Classifica- tion to "Local Business "B" Clas- sification, said Ordinance having been previously presented and read at the Council meeting of June 6, 1966, presented for final adoption. ORDINANCE NO. 32.66 nance amending and ice No. 3.34 known as It �NGIL OF DCITY 34 as l the hZon Op9 Mapes and o Zoning ce of the Clty of Dubugup be epp same Is herpeby amended D Sisily Res Tr it Classlll�Ccatlonle atthe "LOCAL w` crlbed real estate, to wit: Vorth fifty (50) feet of Lot Zl lew Subdivision In the City of sue, Iowa. d, adopted and approved this of July, 1%6. Councilmen Attest: Leo F. Frommelt City Clerk Published official) In The Telegraph. Herald Newspaper this ath day of July LEO F. FROMMIM T It. 7/1 C Councilman Ludwig moved final adoption of the Ordinance. Sec- onded by Mayor Pregler. Carried by the following vote: Yeas — Mayor Pregler, Coun- cilmen Ludwig, McCauley, Pfohl, Schultz. Nays—None. Proof of Publication, certified to by the Publisher, of Notice of pub- lic hearing to amend the Zoning Ordinance so as to change Lots 13, 14, 15, 21, 22 and 23 in Glen- wood Subdivision from "Single Family Residential District" Clas- sification to "Two Family Residem tial District" classification, pre. ,enteld and read. No written objections were filed and no oral objectors were present in the Council Chamber al the time set for the public hear ing. Councilman Pfohl moved tha, the proof of publication be re ceived and filed. Seconded b, ^,ouncilman Ludwig. Carried by the following vote - Yeas — Mayor Pregler, Coun- !ilmen Ludwig, McCauley, Pfohl, ;chultz. N iys—None. ORDINANCE NO. 33--66 An Ordinance Amending and Changing Ordinance No. 3.34 known as the Zoning Map and Zoning Ordinance of the City of Dubuque, so as to change ter- rain property hereafter described from "Single Family Residential District' Classification to 'Two Family Residential District' classification, said Ordinance having been pre- viously presented and read at the Council meeting of June 6, 1966, presented for final adoption. ORDINANCE NO. 3346 t 1 That Ordinance as fhe Zonl Map t ce of the C " of D te,to WIT:3. 14 15, 21, 22 and 23 In od Subdivision In the City of e, Iowa. adopted and approved This of July, 1966. WALTER A. PREGLER Aflesf: Leo F. Frommelt City Clerk Published officially In the Tsleeraph- Herald Newspaper this ath day of July, 1%6' Loo F. Frommelt City Clerk. It. 74 Councilman McCauley moved final adoption of the Ordinance. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Mayor Pregler, Coun- cilmen Ludwig, McCauley, Pfohl, Schultz. Nays—None. Petition of John J. Heidersheit requesting sewer and water con- nections to his property at Jack- son and Euclid Lots 90 and 91 of Linehan Park Addn. and also peti- tion of Bonnie Duffy et al of Gar- net Street requesting sewer and water connections, all outside the city limits, presented by the City Manager. 204 Adjourned Regular Session, July 5, 1966 Mayor Pregler moved that the north, Iowa Street on the east, petitions be denied thereby reaf- and 5th Street on the south to the firming policy of not extending ser- Developer subject to the following vices to non -annexed areas. Sec- conditions: onded by Councilman Ludwig. Car- a. That the building to be con- ried by the following vote: structed by the Developer Yeas — Mayor Pregler, Coun- will contain among other cilmen Ludwig, McCauley, Pfohl. things retail and office space Schultz. to be made available for cer. Nays—None. tain present occupants in the Petition of Frances .Tones, re- questing a refund of $100 on the Project area. b. That the Developer will ad. unexpired portion of Class "B" here to and comply with the beer license No. 7, as she has dis- terms of the approved Urban continued business on June 28, Renewal Plan developed for 1966, presented and read. Coun- the Project. cilman Ludwig moved that the C. That all development plans refund be granted and the Audi- are subject to inspection and for instructed to issue proper war- approval by the Local Public rant. Seconded by Councilman Agency to insure that urban Pfohl. Carried by the following design objectives and other vote: criteria developed for the Yeas — Mayor Pregler, Coun- Project are fully complied cilmen Ludwig, McCauley, Pfohl, with. Schultz. d. That the price to be paid Nays—None. for the cleared land by the RESOLUTIION NO. 177-66 Developer will be arrived at by two independent real es. Declaring intent to sell a portion tate appraisals concurred -in of the cleared land in the Down• by the Local Public Agency town Urban Renewal Project, and the Government. Iowa R-15 to the Iowa National e. That the Developer possess- Investment Company. es the necessary financial ca. WHEREAS, under date of Au. pacity and technical ability to gust 26, 1965, the City of Du- carry out its development buque, Iowa (herein referred to as plans. the Local Public Agency) and the passed, adopted and approved Department of Housing and Urban this 5th day of July, 1966. Development, United States of Project bounded by Locust Street America (herein referred to as the on the west, 6th Street on the Government) entered into a cer- Walter A. Pregler tain contract; and Mayor WHEREAS, pursuant to such M. Sylvester McCauley contract the Local Public Agency Merlin Schultz is undertaking certain survey and A. Pfuhl Eldon A. planning activities necessary for Richard Ludwig the carrying out of the Downtown Councilmen Urban Renewal Project, Iowa R-15 Attest: (herein referred to as the Project); Leo F. Frommelt and WHEREAS, the Iowa National City Clerk Investment Company (herein re- Councilman Ludwig moved adop- ferred to as the Developer) has tion of the resolution. Seconded by declared its intent to acquire a Mayor Pregler. Carried by the fol - portion of the cleared land in the lowing vote: Project area for the purpose of Yeas — Mayor Pregler, Coun- constructing thereon a building: cilmen Ludwig, McCauley, Pfohl, NOW, THEREFORE, Be 1t Re- Schultz. solved by the City Council of the Nays—None. City of Dubuque, Iowa: RESOLUTION NO. 178-66 Section 1. I.S.H.C. RESOLUTION NO. 66-F-144 That the Local Public Agency Form 662 -P -Ace. County, Dubuque hereby declares its intent todis- (Maint. Rev. 3.24-66) Project No. pp ro ect bot�ndee D 5 project os oh l yinLocu9t1eI* re8 FN -20-9(2)21-31 on the west, 6th Street on the Adjourned Regular Session, July 5, 19CA 265 Resolution consenting to and ap- proving the plans for the improve- ment of the extension of Primary Road No. U.S. 20 within the City/ Town of Dubuque, Iowa. WHEREAS, it is proposed to improve by P.C. concrete widening to 24 ft. and A.C. resurfacing on the extension of Primary Road No. U.S. 20 within the City/Town of Dubuque, Iowa in accordance with plans filed in the office of the Clerk of said City/Town of Du- buque, Iowa, as follows: on the eastbound lanes from Sta. 2404 07.3 (WCL) easterly to Sta. 2414 + 75.0, identified as Project No. FN - 20.9(2)21.31, and WHEREAS, the Council has in- formed itself as to the proposed improvement and has examined the plans thereof, NOW, THEREFORE, he it resoly. ed by the said Council of Du- buque, Iowa as follows: 1. The Council hereby approves the plans for the said project and consents to the improve- ment in accordance with the plans. 2. The Council will take such legal steps and prosecute to a conclusion such legal action and/or proceedings as are now or may hereafter be required: A. To prevent the erection of any signboards: (1) on public property (2) on private property when they obstruct the view of any portion of the public highway or street or rail- road track. B. To not close or obstruct the street either partially or com- pletely, in any manner or for any purpose whatsoever except in those instances recited in Section 321.348, Code of Iowa, 1962. C. To remove or cause to be re- moved any other enchroach- ment or obstruction within the rights-of-way of the streets or highways covered by the pro- ject and to prevent any future encroachment or obstructions therein, 3. The City agrees to adjust, for adequate clearance, the con- crete signal trip box located right of Sta. 2414 4 50. 4. The Council authorizes the Highway Commission to con- struct and preserve, within the limits of the right-of-way, such physical barriers as the High- way Commission deems neces- sary to prohibit or eliminate un- lawful means of access to, or use of the Highway facility by pedestrian or vehicular traffic or for any other purpose 5. Within sixty (60) days after completion of the project, the Iowa State Highway Commis- sion shall determine, upon the basis of an engineering and traffic investigation, the reason- able and safe speed limits. Present speed limits will be in effect until the investigation is completed and the appropriate signing is erected. 6. Upon completion of the pro- ject, the Council agrees that— A. Upon receipt from the High- way Commission of a list of driveways and entrances provided for access under the above improvement, specified as Project No. FN - 20.9(2)21.31, said list will be recorded under a supple- mental ordinance B. Signing affecting directional traffic movements will be erected or changed only aft- er approval is secured from the Highway Commission. C. Any changes in the physical features of the project will be authorized only after ap- proval has been secured from the Highway Commis- sion. 7 Council will notify, by mail, all abutting property owners of the parking and access control re- strictions that are being estab- lished on this section of Prim- ary Road Extension. Passed and adopted this 5th day of July, 1966. Walter A. Pregler, Mayor I, Leo F. Frommelt, Clerk of City of Dubuque, Iowa, hereby certify that the above Resolution was duly passed and adopted by the City of Dubuque, Iowa, on the 5th day of July, 1966, by the following call of yeas and nays recorded hereon. Yeas — Mayor Walter A. Preg- ler, Richard Ludwig, M. Sylvester 266 Adjourned Regular Session, July 5, Mi McCauley, Eldon A. Pfohl, Merlin F. Schultz, Members of the Coun- cil. Nays—None. Leo F. Frommelt, City Clerk of Dubuque, Iowa Approved and Agreed to this 20 day of July, 1966. Iowa State Highway Commission By C. B. Anderson Title, Urban Engineer Councilman Ludwig moved adop- tion of the resolution. Seconded by Councilman Pfohl. Carried by the following vote: Yeas — Mayor Pregler, Council- men Ludwig, McCauley, Pfohl, Schultz. Nays—None, July 1, 1966 To the Honorable Mayor and City Council Gentlemen: The Shiras Avenue Storm Sew- er -1966 has been completed in accordance with plans and specifi- cations by Fondell and Sons, Inc. of Dubuque, Iowa. I recommend that the improve- ment be accepted. Respectfully, Gilbert D. Chavenelle City Manager Councilman Pfohl moved that the recommendation of the City Manager be approved. Seconded by Mayor Pregler. Carried by the following vote: Yeas — Mayor Pregler, Coun- cilmen Ludwig, McCauley, Pfohl, Schultz. Nays—None. FINAL ESTIMATE RESOLUTION NO. 179-66 WHEREAS, the contract for the construction of the Shiras Avenue Storm Sewer from the existing sev- enty-eight inch (78") Storm Sewer easterly two hundred eighty feet to the existing box culvert has been completed and the City Engi- neer has submitted his final esti. mate showing the cost thereof in. cluding the cost of estimates, no- tices, inspection, and preparing the assessment and plat, now there. fore, BE 1T RESOLVED, by the City Council of the City of Dubuque, That the cost of said improve- ment is hereby determined to be $11,540.64. That NONE of the cost there- of shall be assessable upon private property and $11,540.64 shall be paid from the Sanitation -Municipal Improvements 162321 Cont. Jobs and Programs Fund of the City of Dubuque. Passed, adopted and approved this 5th day of July, 1966. Walter A. Pregler Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Richard Ludwig Councilmen Attest: Leo F. Frommelt City Clerk Mayor Pregler moved adoption of the resolution. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Mayor Pregler, Coun- cilmen Ludwig, McCauley, Pfohl, Schultz. Nays—None. RESOLUTION NO. 180---b6 Whereas, the contract for the construction of the Shiras Avenue Storm Sewer from the existing seventy-eight inch (78") Storm Sew- er easterly two hundred eight} feet to the existing box culvert, has been completed and the City Man- ager has examined the work and filed his certificate stating that the same has been completed ac- cording to the terms of the con- tract, plans and specifications and recommends 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. Passed, adopted and approved this 5th day of July, 1966, Walter A. Pregler Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Richard Ludwig Councilmen Attest: Leo F. Frommelt, City Clerk Councilman Ludwig moved adop- tion of the resolution. Seconded by Adjourned Regular Session, July 5, 1966 26'i Councilman Pfohl. Carried by the following vote: Yeas — Mayor Pregler, Council- men Ludwig, McCauley, Pfohl, Schultz. Nays—None. RESOLUTION NO. 181-66 BE IT RESOLVED by the City Council of the City of Dubuque. Iowa, that the following having complied with the provisions of law relating to the sale of Cigar- ettes within the City of Dubuque, Iowa, be granted a permit to sell Cigarettes and Cigarette Papers within said City. Name Address Louis T. Bournias, 2600 Dodge Street Plaza 20 Herbert F. Bisping, 1401 Elm Street Linnie Dunbar, 504 Central Avenue Robert J. Kehl. 62 Locust Street Gust Karigan & Pete Sfikas, 401 Central Avenue Mrs. Anna K. Laury & Joseph I.eng- er. 498 N. Grandview Avenue John E. Mohr, Sr., 205 Locust Street Jerome C. Putz, 1005 Dodge Street Max Rettenberger, 90 South Locust Street Mrs. Doris Riekena, 301 Main Street Iowa Commission for the Blind, Post Office Building Phillip lAngas, 1105 Loras Blvd. Richard Stecklein, 450 West Locust Street Lorraine Diener, 35 Locust Street Celeste Rawson, 342 Main Street Frederick Marberger. 1598 Elm Street BE IT FURTHER RESOLVED that the bonds filed with the appli- cation be approved. Passed, adopted and approved this 5th day of July, 1966. Walter A. Pregler Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Richard Ludwig Councilmen Attest: Leo F. Frommelt, City Clerk Councilman I'fohl moved adop- tion of the. resolution. Seconded by Councilman McCauley. Parried by the following vote: Yeas — Mayor Pregler, Counr;l. men Ludwig, McCauley, Pfohl, Schultz. Nays—None. RESOLUTION NO. 182-66 WHEREAS, applications for Beer Permits have been submitted to this Council for approval and the same have been examined: NOW THEREFORE, BE IT RESOLVED by the City Council of the. City of Dubuque, Iowa, that the following applica- tions be granted and licenses be. issued upon the compliance with the terms of the ordinances of the City. CLASS "B" BEER PERMIT Alice 11. Erschen, 2617 University Avenue (Transfer from 2620 Uni- versity Ave., effective July 11, 1966) Celeste Rawson, 342 Main Street :Mary Bahl, 253 :Bain Street Passed, adopted and approved this 5th day of July, 1966. Walter A. Pregler Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Richard Ludwig Councilmen Attest: Leo F. Frommelt City Clerk Mayor Pregler moved adoption of the resolution. Seconded by Councilman Pfohl. Carried by the following vote: Peas — Mayor Pregler, Coun- cilmen Ludwig, McCauley. Pfohl, Schultz. Nays—None. RESOLUTION NO. 181-66 WHEREAS. applications for Beer PERMITS were filed by the within named applicants and they have received the approval of this Coun- cil; and WHEREAS, the premises to be occupied by such applicants were inspected and found to comply with the ordinances of this City and they have filed proper bonds: NOW THEREFORE, Be It Re. solved by the City Council of the City of Dubuque, Iowa, that the Manager be and he is hereby di- rected to issue to the following named applicants a Beer Permit. 268 Adjourned Regular Scission, July 5, 1966 CLASS "B" BEER PERMIT Alice H. Erschen, 1617 University Avenue (Transfer from 2620 University Ave. effective July 11, 1966) Celeste Rawson, 342 Main Street Mary Bahl, 253 Main Street BE IT FURTHER RESOLVED that the bonds filed by such ap- plicants be and the same are here- by approved. Passed, adopted and approved this 5th day of July, 1966. Walter A. Pregler Mavor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Richard Ludwig Councilmen Attest: Leo F. Frommelt City Clerk Mayor Pregler moved adoption of the resolution. Seconded by Councilman Pfohl. Carried by the following vote: Yeas — Mayor Pregler, Coun- cilmen Ludwig, McCauley, Pfohl. Schultz. Nays—None. RESOLUTION NO. 184-66 WHEREAS, applications for Liq- uor Permits have been submitted to this Council for approval and the same have been examined, NOW THEREFORE Be It Re- solved, by the City Council of the City of. Dubuque, Iowa, that the following applications be granted and licenses issued upon the com- pliance with the terms of the IOWA LIQUOR CONTROL ACT — CHAPTER 123—as amended by the 60th General Assembly, 1963. CLASS "A" CLUB LICENSE Dubuque Metal Trades Council Club, 111 West 6th Street CLASS "C" COMMERCIAL ESTABLISHMENT Alice H. Erschen, 2617 University Avenue (Transfer from 2620 University Ave. effective July 11, 1966) Maryel Mildred Birkett, 1064 Uni- versity Avenue Raymond McLaughlin, 2222 Cen- tral Avenue Celeste Rawson, 342 Main Street George Zillig, 127 West 6th Street Creslanes Bowling, Inc., 255 South Main Street Kenneth Jerome Love, 802 Iowa Street Ione Miller, 1322 Central Avenue Passed, adopted and approved this 5th day of .July, 1966. Walter A. Pregler Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Richard Ludwig Councilmen Attest: Leo F. Frommelt City Clerk Councilman Ludwig moved adop- tion of the resolution. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Mayor Pregler, Coun- cilmen Ludwig, McCauley, Pfohl, Schultz. Nays—None. RESOLUTION NO. 185-66 WHEREAS, applications f or Liquor Permits were filed by the within named applicants and they have received the approval of this Council, and WHEREAS, the premises to be occupied by such applicants were inspected and found to comply with the State Law and all City ordin- ances relevant thereto and they have filed proper bonds; NOW THEREFORE BE IT RFS SOLVED by the City Council of Du- buque, Iowa, that the Manager b, authorized to cause to be issued to the following named applicants a Liquor Permit. Name Address CLASS "A" CLUB LICENSE Dubuque Metal Trades Council Club, 111 West 6th Street CLASS "C" COMMERCIAL ESTABLISHMENT Alice H. Erschen, 2617 Univer- sity Avenue (Transfer from 2620 University Ave. effective July 11, 1966) Maryel Mildred Birkett, 1064 Uni- versity Avenue Raymond McLaughlin, 2222 Central Avenue Celeste Rawson, 342 Main Street George Zillig, 127 West 6th Street Creslanes Bowling, Inc., 255 Sout'l Main Street Kenneth Jerome Love, 802 Iowa Street Ione Miller, 1322 Central Avenue Adjourned Regular Session, July 5, 1966 269 passed, adopted and approved this 5th day of July, 1966. Walter A. Pregler, Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Richard Ludwig Councilmen Attest Leo F. Frommelt, City Clerk Mayor Pregler moved adoption of the resolution. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Mayor Pregler, Council- men Ludwig, McCauley, Pfohl, Schultz. Nays—None. Councilman Ludwig moved that the rules be suspended in order to let anyone address the Council if they do desire. Seconded by Councilman Pfohl. Carried by the following vote: Yeas — Mayor Pregler, Council- men Ludwig, McCauley, Pfoh!, Schultz. Nays—None. Mr. Herb Kieffer of 535 Ches- nut Street addressed the Council by making a complaint about the weeds on the lot behind his prop. trey. He was of the opinion that a fifteen days notice to cut weeds should be cut to ten days the :•ame as for the eradication of trees that have Dutch Elm disease. Mayor Pregler directed the City Attorney to submit an amendment to the weed ordinance to change from fifteen to ten days notifica- tion to property owners. Seconded by Councilman Pfohl. Carried by the following vote: Yeas — Mayor Pregler, Council. men Ludwig, McCauley, Pfohl. Schultz. Nays—None. There being no further business Councilman McCauley moved tj adjourn. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Mayor Pregler, Council- men Ludwig, McCauley, Pfohl, Schultz. Nays—None. Leo F. Frommelt, City Clerk Approve .November 7.1 Adopted....November 7 1966 270 Special Session, July 18, 19CKi CITY COUNCIL. OFFICIAL Special Session, July 18, 1966. Council met at 7:30 P.M.(DST) Present—Mayor Pregler, Coun- cilmen Ludwig, Pfohl, Schultz. City Manager Gilbert D. Chave- nelle. Absent — Councilman McCau- ley. Mayor Pregler read the call and stated that service thereof had been duly made and this meeting is called for the purpose of levy of special assessment and inten. tion of the Council to issue bonds to pay for the construction of an eight inch (8") sanitary sewer in Moore Heights and acting upon such other business as may prop- erly come before a regular meet- ing of the City Council. Printed Council proceedings for the month of February 1966, pre- sented for approval. Councilman Pfohl moved that the proceedings for the month of February 1966 be approved as printed. Seconded by Mayor Pregler. Carried by the fol- lowing vote: Yeas — Mayor Pregler, Coun- cilmen Ludwig, Pfohl, Schultz. Nays—None. Absent—Councilman McCauley. July 18, 1966 To the Honorable Mayor and Members of the City Council Gentlemen: In accordance with the provi• sions of Chapter 365 of the 1962 Code of Iowa, the Civil Service Commission conducted entrance examinations on June 23, 1966, for those seeking positions to the Fire Department. The following named persons have passed both the written and physical examinations and are hereby certified for appointment to the Fire Department. James A. Weitz ................ 75c� Terrence M. Sutton ......70.8% Respectfully submitted, Gerard B. Noonan Chairman Louis F. Fautsch Civil Service Commis. sion Members Attest: Leo F. Frommelt Clerk Subscribed and sworn to before me this 18th day of July 1966. Eugene J. Berens Notary Puhlic Councilman Ludwig moved that the communication be received and made a matter of record. Second- ed by Councilman Pfohl. Carried by the following vote: Yeas — Mayor Pregler, Coun- cilmen Ludwig, Pfohl, Schultz. Nays—None. Absent—Councilman McCauley July 18, 1966 To the Honorable Mayor and City Council Gentlemen: At a regular meeting of the Du- buque City Planning and Zoning Commission held on July 14, 1966 the following action was taken: That the petition signed by Jules E. Hansel to rezone Lot 2 of 1 of 2 of 1 of 1 of Gillespie's located on the south side of West 32nd Street from single family to two- family residential be denied on the basis that the neighborhood has developed primarily as sin- gle family use and that this trend should not be changed by mixing two family uses on these lots which are of a minimum size. This recommendation is sub- mitted to the City Council in keeping with a Commission pol- icy of keeping the Council in- formed of its activities. Respectfully submitted, Dubuque City Planning and Zoning Commission Frank J. Glab, Secretary Mayor Pregler moved that the recommendation of the Planning & Zoning Commission be ap- proved. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Mayor Pregler, Coun- cilmen Ludwig, Pfohl, Schultz. Absent—Councilman McCauley. July 18, 1966 To the Honorable Mayor and City Council Gentlemen: At a regular meeting of the Du- buque City Planning and Zoning Commission held on July 14, 1966 the following action was taken: Special Session, July 18, 1966 071 That the Commission recommend to the City Council that the peti- tion of Lloyd A. and Lucille J. Ferris requesting vacation of a portion of land abutting Lot 2 of 1 of 2 of 1 of 1 of Gillespie's Subdivision so that the present building lines may be maintained be referred to the City Engineer and City Solicitor for proper proceedings. The Commission has no objection to the vacation of this portion of 32nd Street if it is conform- ance with the plans of the City Engineer. Respectfully submitted. DUBUQUE CITY PLANNING AND ZONING COMMISSION Frank J. Glab, Secretary Councilman Schultz moved that the recommendation of the Plan. ning & Zoning Commission be ap proved. Seconded by Mayor Preg- ler. Carried by the following vote: Yeas—Mayor Pregler. Council- men Ludwig, Pfohl, Schultz. Nays --None. Absent—Councilman McCauley. July 18, 1966 To the Honorable Mayor and Members of the City Council Gentlemen: I hereby submit an audit rep. -rt by O'Connor, Brooks. Ahrendt & Brooks of the records involving the cash receipts and casn dis- bursements c,f the City of Dubuque Parkinr Facilities for the calendar year 1965. The scope of auditing Procedure covers five different schedules as follows: Schedule I— Parking system receipts and ex- penditures; Schedule -2, Costs of Servicing meters and ramp; Sched- ule — 3, Analysis of Investment Securities transactions: Schedule - 4, Parking facility bonded debt - Schedule ---5, Parking facility bond- ed debt maturities as of Decem- ber 31, 1965. Respectfully submitted, Gilbert D. Chavenelle, City Manaotr Councilman Pfohl moved tha`-the report he received and filed. Sec onded by Mayor Pregler. Carried by the following vote Yeas -- Mayor Pregler, ( (ounci' men Ludwig, Pfohl, Schulte. Naps—None. Absent — Councilman McCauley. July 18, 1966. To the Honorable: Mayor and Members of the City Council Gentlemen: At the Council meeting of June 20, 1966 the Planning and Zoning Commission recommended that the existing business zoning on the west side: of Central Avenue be- tween 24th Street and Diagonal street be changed to multiple fam- ily residential classification. The course of action decided upon at that meeting was that the Council view the grounds and also that the Planning & Zoning Commission be instructed to furnish legal descrip• tions of the property involved. The Planning & Zoning Commis. sion furnished a list of legal de- scriptions of the area involved at the Council meeting of July 5, 1966. The list is attached. A majority of the Council viewed the grounds on Friday July 8, 1966, at which time the Council aeemed to be of the opinion to approve the recommendation of the Plan- ning and Zoning Commission. If the action of the Council is affirmed the recommendation of the Planning & 'Zoning +:')nunis- sion could be referred to he City Solicitor for proper proceedings. Respectfully submitted, Gilbert D. Chavenelle, City Manager Councilman Pfohl moved that the communication be received and filed. Seconded by Councilman Ludwig. Carried by the following vote: Yeas — Mayor Pregler, Council- men Ludwig, Pfohl, Schultz. Nays—None. Absent—Councilman McCauley. Upon further motion Mayor Pregler moved that the communica- tion be referred to the City Solic- itor for proper proceedings. Sec- onded by Councilman Ludwig Car- ried by the following vote: Yeas — Mayor Pregler, Council- men Ludwig, Pfohl, Schulte. Nays—None. Absent—Councilman McCauley. Petition of Mrs. Maurice Lundon et al joining in objection with the Herrmann Estate objecting to the proposed rezoning of the west side of Central Avenue between 24th Street and Diagonal Street 272 Special Session, July 18, 1966 from the present commercial zon- ing to Multiple Family Zoning Classification, presented and read. Councilman Pfohl moved that the petition be received and filed. Sec- onded by Mayor Pregler. Carried by the following vote: Yeas — Mayor Pregler, Council- men Ludwig, Pfohl, Schultz. Nays—None. Absent—Councilman McCauley. 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 Ludwig. Carried by the following vote: Yeas — Mayor Pregler, Council- men Ludwig, Pfohl, Schultz. Nays—None. Absent—Councilman McCauley. Mrs. Ray Nagele of 2461 Central Avenue stated that she objected to people going around to get signers in the neighborhood to have the idea of rezoning aban- doned. There is plenty of business on Central Avenue across the street from them that is disturb- ing the peace and quiet of their homes. Mrs. L. Meyers of 2447 Central Ave. stated that she was in favor of Multiple Zoning as pro- posed. Attorney Dave Setter, as a rep- resentative of the Herrmann Es- tate, stated they have eleven ob- jectors out of a possible seventeen requesting that the present zoning remain and this majority should be considered. Also in this area are the Fulton Apartments which were purchased on commercial property basis. Attorney Richard Roedell objected to a change in re- zoning as a representative of the Walter Strandberg property. Mr. Roedell was of the opinion that a change would reduce values of all properties in the area involved. July 18, 1966 To the Honorable Mayor and Members of the City Council Gentlemen: I hereby submit the budget rec- ommendation for the year 1967. Respectfully submitted, Gilbert D. Chavenelle City Manager Mayor Pregler moved that the budget recommendation be re- ferred to the Council. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Mayor Pregler, Coun- cilmen Ludwig, Pfohl, Schultz. Nays—None. Absent—Councilman McCauley. July 12, 1966 To The Honorable Mayor And City Council Gentlemen: During the past several months many complaints have been re- ceived regarding the condition of a building and premises located at 827 White Street. I directed the various City De- partments to make a complete in- spection of this building and prem- ises. This inspection was made June 20, 1966, and the following is the report: June 28, 1966 Mr. Gilbert D. Chavenelle City Manager Dubuque, Iowa Dear Sir: On June 20, 1966, an inspection was made of a vacant building at 827 White Street, located on the south 25' of City Lot 325, owned by Ida Mundt. This is a two story frame build- ing, roll brick siding and roll as- phalt roofing. The window frames are rotten, sills and some glass missing. Chimneys are badly de- teriorated, porch is rotten, sag- ging, and parts are missing. Floor joists are rotten and this floor sags in all directions. Plaster is missing and partitions are sagging. The wiring is old, knob and tube, and all the fixtures have been damaged or removed. The plumb- ing is old and the fixtures do not operate. We have padlocked this building to try and stop trespassing. The wooden shed at the rear is dilapidated. This building is a fire hazard to the adjoining properties and we recommend action be taken to eliminate this undesirable condi- tion. William J. Lynch Fire Inspector Arthur J. Miller Housing Inspector Donald J. Bandy Bldg. Commissioner After receiving this report, I personally inspected the premises. i Special Session, July 18, 161(;6 273 As a result of this inspection on June 28, 1966, 1 prepared the fol- lowing notice: NOTICE ,lune 28, 1966 Ida Mundt 1555 Main Street Dubuque, Iowa I have personally inspected the building known as 827 White Street and located on the south 25' of City Lot 325 and find the con- ditions as they have been reported to me by the Housing Inspector and Fire Inspector, and Building Commissioner substantially cor- rect. A copy of whose report is here- to attached and by reference made a part hereof. According to City Ordinance No. 35.52, you are hereby given ten days notice to dismantle the build- ing and clean up the premises. Yours very truly, Gilbert D. Chavenelle City Manager I hereby certify that 1 served the. above notice on Ida Mundt, June 30. 1966. Leo J. Lynch This notice has not been com- plied with and 1 recommend to the City Council that the provisions of Ordinance No. 35 52 be enforced and that the owner of said build- ing located at 827 White Street and being on south 25' of City Lot 325, owned by Ida Mundt in the City of Dubuque, Iowa be re- quired to dismantle the building and sheds and clean up the prem- ises. remises. Respectfully submitted, Gilbert 11. Chavenelle City Manager Councilman Schultz moved that the recommendation of the City Manager be approved and a public hearing be set for August 15, 1966. Seconded by Mayor Pregler. Car- ried by the following vote: Yeas—Mayor Pregler, Council- men Ludwig, I'fohl, Schultz. Nays—None, Absent -_Councilman McCauley. To The Honorable And City Council Gentlemen: During the past July 12, 1966 Mayor several months many complaints have been receiv- ed regarding the condition of build. ing and premises located at 64 Gandolfo Street. I directed the various city de- partments to make a complete in. spection of this building and premises. This inspection was made June 20. 1966, and the following is the report: ;lune 28, 1966 Mr. Gilbert D. Chavenelle City Manager Dear Sir: On June 20, 1966, an inspection was made of a vacant building at 64 Gandolfo Street, located on Lot 22 of O'Neill's Sub. No. 3 owned by James and Anita Kritz, sold on contract to Dubuque home Finders, Sam T. Pusateri. President. This part one and two story, dwelling due to lack of repair and maintenance and vandalism has re- sulted in broken windows, doors and an attractive nuisance fnr chil dren. The siding is old, broken, rotten, parts missing. The rear wall of one section is missing. The chimneys are old, the hung bracket type ..nd are deteriorated. The plumbing has been removed from the interior. The wiring is the old knob and tube type. The shingles on the roof are old and parts missing. The building has been allowed Io deteriorate to an extent that re- pairs to bring it up to complianc would not be economically reason. able. The conditions that are present offer a definite fire and health hazard. We recommend that action be taken to eliminate this undesir- able. condition. William J. Lynch, Fire Inspector Arthur J. Miller, Housing Inspector Donald J. Bandy, Building Commissioner After receiving this report, 1 personally inspected the premises. As a result of this inspection on June 29, 1966, 1 prepared the following notice: 9-74 Special Session, July 18, 1966 NOTICE .Tune 29, 1966 Mr. James and Anita Kritz Dubuque Homefinders Mr. Sam T. Pusateri, President Dubuque, Iowa I have personally inspected the building known as 64 Gandolfo Street and located on Lot 22 of O'Neill's Sub. No. 3, and find the conditions as they have been re- ported to me by the Housing In- spector, Fire Inspector, and the Building Inspector substantially correct. A copy of whose report is hereto attached and by reference made a part hereof. According to City Ordinance No. 35-52, you are hereby given ten (10) days notice to dismantle the building and clean up the premises. Yours very truly, Gilbert D. Chavenelle, City Manager I hereby certify that I served the above notice on Anita Kritz, June 30, 1966, 2:40 p.m. And the same notice on Sam T. Pusateri. Leo Kueper This notice has not been compil- ed with and I recommend to the City Council that the provisions of Ordinance No. 35-52 be enforced and that the owners of said build- ing located at 64 Gandolfo Street, and being on City Lot 22, O'Neill's Sub No. 3, owned by James and Anita Kritz, sold on contract to Dubuque Homefinders, Sam T. Pus- ateri, President; in the City of Dubuque, Iowa be required to dis- mantle the building and clean up the premises. Respectfully submitted, Gilbert D. Chavenelle, City Manager Councilman Schultz moved that the recommendation of the City Manager be approved and a public hearing be set for August 15, 1966. Seconded by Mayor Pregler. Car- ried by the following vote: Yeas — Mayor Pregler, Council- men Ludwig, Pfohl, Schultz. Nays—None. Absent—Councilman McCaulev. July 12, 1966 To The Honorable Mayor And City Council Gentlemen: During the past several years, many complaints have been receiv- ed regarding the condition of a building and premises located at 350 Edith Street. I directed the various City De- partments to make a complete in- spection of this building and pr,.m- ises. This inspection was made May 18, 1966, and the following is the report: May 25, 1966 Mr. Gilbert D. Chavenelle, City Manager Dear Sir: On May 18, 1966, an exterior in- spection was made of a building at 350 Edith Street, located on Lot 121, Belmont Addition, owned by Hilda Shireman. Previous inspection of the inter- ior was made November 19, 1965. The original building and several additions are a one-story frame structure with a stone foundation and no basement. The building is not connected to the public sewer or water supply. The water is secured from a cistern and the sink drain is just a pipe to the outside. The sills are rotten, the siding is asphalt, and the eaves are miss ing and rotten. The side of the structure 's an outdoor privy. The wiring is in- adequate. The general appearance is one of neglect and the general condi- tions are such that it would be inn - possible to bring this building up to minimum standards. Many complaints have been re- ceived on the condition of this, property. The owner is a widow approxi- mate age sixty-seven and the house was occupied by her and he: son Leland Shireman, Mrs. Shireman has recently un- dergone surgery and was living with a daughter, Mrs. Delbert (Vir- ginia) Kohn, 2050 Elm Street, but has moved back to 350 Edith. This is a definite health hazard to the whole neighborhood. We recommend that action be Iaicen to eliminate this hazard. William J. Lynch, Fire Inspector Arthur J. Miller, Housing Inspector Donald J. Bandy, Building Commissioner Special Session, July 18, 1966 275 After receiving this report, I per- sonally inspected the premises. As a result of this inspection on May 26, 1966, I prepared thf, fol- lowing notice: NOTICE May 26, 1906 Hilda Shireman 350 Edith Street Dubuque, Iowa I have personally inspected the building known as 350 Edith Street and located on Lot 121. Belmont Addition, and find the conditit,ns as they have been reported to me by the Building Commissioner, Housing Inspector and Fire In. spector substantially correct. A copy of whose report is hereto at tached and by reference matte a part hereof. According to City Ordinance No. 35-52, you are hereby given ten (10) days notice to dismantle the butl,1- ing and clean up the premise.;. Yours very truly, Gilbert D. Chavenelle City Manager 1 hereby certify that I served the above notice on Hilda Shireman June 2, 1966. Paul Neyens This notice has not been coin - plied with and I recommend to the City Council that the provisions of Ordinance No. 3552 be enforced and that the owner of said building located at 350 Edith Street and be- ing on Lot 121 Belmont Addition. owned by Hilda Shireman in the City of Dubuque, Iowa, be required to dismantle the Building, remove the outhouse, clean the vault and fill with sand or earth and clew up the whole premises. Respectfully submitte•1 Gilbert D. Chavenelle. City Manager Councilman Schultz moveJ that the recommendation of the City Manager be approved and that v public hearing be set for August 15, 19663. Seconded by Mayor Preg- ler. Carried by the following vote: Yeas -- Mayor Pregler, Council- men Ludwig, Pfohl, Schultz. Nays—None. Absent—Councilman McCauley. July 18, 1966 To the Iionorable Mayor And City Council Gentlemen: Attached is a communication from Stanley Hahn, Plover, Wiscon. sin, for permission to peddle pots. toes from house to house in Du- buque with out paying the usual license fee. Mr. Hahn makes this request because he is a disabled veteran of World War II. This fact is sub stantiated by a statement from the Veterans Administration of Mil. waukee, Wisconsin, dated June 30. 1966. 1 recommend that Stanley Hahn he granted a peddlers license un- der Section 16 of Ordinance 54.55. The license to be granted until the end of this year. Respectfully submitted, Gilbert D. Chavenelle, City Manager Councilman Pfohl moved that the recommendation of the City Manager be approved. Seconded by Mayor Pregler. Carried by the following vote: Yeas — Mayor Pregler, Council- men Ludwig, Pfohl, Schultz. Nays --None. Absent—Councilman McCauley. July 18, 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 same. SIDEWALK George Frommell, Merchants Mu- tual Bonding Company ,tames J. Scholl, Merchants Mutual Bonding Company Raymond Trumm, Merchants Mu- tual Bonding Company Respectfully. Gilbert D. Chavenelle, City Manager Mayor Pregler moved that Inc bonds be filed subject to approval of the City Solicitor, Seconded by Councilman Pfohl. Carried by the following vote: Yeas -- Mayor Pregler, Council- men Ludwig, Pfohl, Schultz. Nays—None. Absent—Councilman McCauley. July 18, 1966 '1'o the Honorable Mayor and City Council Gentlemen: Henningson, Durham & Richard- son, Inc., Cullen-Schiltz & Associ- ates, the engineers contracted to 276 Special Session, July 18, 1966 study the Sewage Treatment and Solid Waste handling, has submit- ted an immediate plan of handling the filter cake and operation of the Sewage Ttreatment facilities in an effort to minimize the odor emission and allow the operation of our Sewage Treatment Plant for a two or three year period until overall study and design is com- pleted. I therefore recommend and re. quest your Honorable Body to approve this expenditure. Respectfully submitted, Gilbert D. Chavenelle, City Manager Mayor Pregler moved that the recommendation of the City Ma -1 - ager be approved. Seconded by Councilman Schultz. Carried by tale following vote: Yeas — Mayor Pregler, Cou::cil- men Ludwig, Pfohl, Schultz. Nays—None. Absent—Councilman McCauley. Notice of claim of William It. Brillhart of 2296 Francis Street, in the approximate amount of $150 for car damage as the result of a broken tree limb falling on the roof of his car during a recent storm on July 10, 1966, presented and read. Councilman Ludwig moved that the notice of claim be referred to the City Solicitor for investigation and report. Second- ed by Mayor Pregler. Carried by the following vote: Yeas — Mayor Pregler, Council- men Ludwig, Pfohl, Schultz. Nays—None. Absent—Councilman McCauley. Notice of claim of Raymond H. Kratz of 1516 Garfield Avenue, in an unnamed amount for personal injuries received in a fall at Mar- shall and Rhomberg Ave., as the result of a defective walk and curb, on April 21, 1966, presented and read. Councilman Ludwig moved that the notice of claim be referred to the City Solicitor for investigation and report. Seconded by Mayor Pregler. Carried by the following vote: Yeas — Mayor Pregler, Council- men Ludwig, Pfohl, Schultz. Nays—None. Absent—Councilman McCauley. Proof of publication, certified to by the Publisher of notice of public hearing to consider an amendment to Zoning Ordinance No. 3.34 so as to change Lots 1, 2 and 3 of "Sarah S. and Eduard Bartels Place at Center Grove" lo- cated on the north side of and in- cluding the Volkswagen Sales and Service Agency from Single Fam- ily Residential District Classifica- tion to Local Business District "B" classification, presented and read. No written objections were filed and no oral objectors were present in the Council Chamber at the time set for the final hearing. Councilman Pfohl moved that the proof of publication be re- ceived and filed. Seconded by Councilman Ludwig. Carried by the following vote: Yeas — Mayor Pregler, Council- men Ludwig, Pfohl, Schultz. Nays—None. Absent—Councilman McCauley. ORDINANCE NO. 36.66 An Ordinance amending and changing Ordinance No. 3.34, known as the Zoning Map and Zoning Ordinance of the City of Dubuque, So as to change certain property hereinafter described from "Single Family Residential District" classification to "Local Business "B" Classification, said Ordinance haying been pre- iously presented and read at the Council meeting of .lune 27, 1966, presented for final adoption. ORDINANCE NO. 36-66 An Ordinance amending and changing Ordinance No. 3.34, known as fhe Lun- ing Map and Zoning Ordinance of the City of Dubuque, so as to change certain property hereinafter described from"Single Family Residential Dis- trict" classification to "Local Business "B" Classification. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF Lily OF DUBUQUE, IOWA. Section 1. That Ordinance No. 3.34 known as the Zoning Map and Zoning Ordinance of the City of Dubuque be ano the same is hereby amended by changing from "Single Family Resi- dential District" Classification to "LOCAL BUSINESS "B" Classification, the fol- lowing described real estate, to wit: Lots 1, 2, and 3 of "Sarah S. and Edward Bartels place at Center Grove" located on the north side of University Avenue on both sides of and Including the Volkswagen Sales and Service Agency. Passed, adopted and approved this 111th day of July, A.D., 1966. WALTER A. PREGLER Mayor MERLIN F. SCHULTZ ELDON A. PFOHL RICHARD LUDWIG Councilmen Attest: Leo F. Frommelt City Clerk Publistwd officiallyy In The Telegrevh- Herald newspaper ihls 21st day of July 1966. Leo F. Frommelt City Clerk. 11. 7.21 Special Session, Jul;. 18, 1%6 277 Councilman Pfohl moved final adoption of the Ordinance. Second- ed by Councilman Schultz. Carried by the following vote: Yeas — Mayor Pregler. Council- men Ludwig, Pfohl, Schultz. Nays—None. Absent—Councilman McCauley. June 13, 1966 Honorable Mayor and Members of the Dubuque City Council Gentlemen: As you know from our corre- spondence of February 11, 1966. conferences prior thereto, and our presentation at the City Hall re- questing funds to finance an addi- tion to the Carnegie -Stout Public Library. your Library Board of Trustees currently holds options to purchase seven of the eight par cels of additional property re- quired for the proposed addition, said options each expiring on Au- gust 31, 1966. In viewof the fact that it now appears unlikely that the referen- dum for the library addition will be held prior to August 31, 1988, we respectfully request that your body authorize us to proceed un der one of the following alterna- tives: (l) That the options he exer- cised prior to August 31, 1966 if funds are available. (2) That the library Board of Trustees be authorized to ex- tend the option period for an additional six months from the date of the expiration of the op- tions now in force for a consid- eration which shall be equal to that paid for the original op- tions. In the event the options are not exercised or renegotiated, the op tion money, in the total sum of $1528.00, will be forfeited to the property owners. We can not stress too strongly our feeling as a Board that the acquisition by the City of Dubuque Of the optioned property is vital to the orderly development and future growth of the library. There has been on expansion of the li brary building since its erection in 1902, despite the increase in the size of the city and the number of library users. Fortunately the City Cuuncil several years ago pur- chased the property immediately Fast of the library, and that area will he used along with the op. tioned property for the addition. For your information and con. venience we are enclosing here- with copies of the options. If you should desire any addi- tional information from us or wish to discuss this matter at greater length, we shall be pleased to ar- range a meeting at your conveni- ence. Respectfully submitted, Rev. Karl G. Schroeder, Chairman Merlin L. Hantelman George C. Kaufman Mrs. Alois Hoffmann Dr. George Ehlhardt David Hammer Robert Holscher Mayor Pregler moved that the Board be instructed to extend op- tions for a year if possible or longer. Seconded by Councilman Pfohl. Carried by the following vote: Yeas —Mayor Pregler. Council. men Ludwig. Pfohl, Schultz. Nays—None. Absent—Councilman McCauley. Petition of Mettel Realty do In- vestment Co. requesting cancella- tion of sidewalk bond issued to Louis Thomas Clark. Councilman NOW moved that the petition be granted providing there are no outstanding claims. Seconded by Mayor Pregler. Carried by the fol- lowing vote: Yeas — Mayor Pregler Couneil- men Ludwig. Pfohl, Schultz. Nays—None. Absent—Councilman McCauley. Petition of William L. Meyers requesting action on an old prob- lem of water pressure for residents of a section of the Park Hill area mostly on Fulton and King streets, presented and read. Mr. Meyers of 320 King Street stated that he was forced to put ill a pump to get needed water which in his estimation is ridicu. lous in the City. He only has twenty nine pounds pressure in his base- ment. Altitude valves were prom- ised by the Water Department but were never furnished. Mayor Pregler moved that Mr. Meyer's petition be referred to the Water Superintendent for investi- gation and report. Seconded by 278 Special Session, July 18, 1966 Councilman Pfohl. Carried by the following vote: Yeas — Mayor Pregler, Council. men Ludwig, Pfohl, Schultz. Nays—None. Absent—Councilman McCauley. Petition of Virgil H. Mihm et ux, offering $50. as a purchase price for Lots 5A and 6A of the C. A. Voelker Addn. next to 396 Klingenberg Terrace, presented and read. Mayor Pregler moved that the petition be referred to the Council to view the grounds. Sec- anded by Councilman Pfohl. Car- ried by the following vote: Yeas—Mayor Pregler, Council- men Ludwig, Pfohl, Schultz. Nays—None. Absent—Councilman McCauley Petition of Northwestern Bell Telephone Co. requesting permis- sion to excavate in Avoca Street, 165 feet north of Decorah Street, to repair buried telephone cable, presented and read. Councilman Pfohl moved that the petition be granted. Seconded by Councilman Ludwig. Carried by the following vote: Yeas — Mayor Pregler, Coun- cilmen Ludwig, Pfohl, Schultz. Nays—None. Absent—Councilman McCauley. Petition of New Teen Image Senior Girl Scouts requesting per- mission to design, make and pre- sent a city flag, presented and read. Mayor Pregler moved that the petition be received and filed. Seconded by Councilman Pfohl. Carried by the following vote: Yeas — Mayor Pregler, Coun- cilmen Ludwig, Pfohl, Schultz. Nays—None. Absent—Councilman McCauley. Mrs. Joseph Ragatz of 3344 Tibey Court addressed the Council in be- half of the Girl Scout troop which was in attendance. The girls have given over five thousand hours of service. Two members of the troop Kathy Avery and Judy Streinz ad- dressed the Council by giving an outline of what they would like to do to accomplish the work of producing a city flag. Petition of Fay Miller request- ing a refund of $100 on the unex- pired portion of Class "B" Beer Permit No. 8, as he has discon- tinued business on July 1, 1966, presented and read. Councilman Ludwig moved that the refund be granted and the Auditor instruct- ed to issue proper warrant. Sec- onded by Councilman Pfohl. Car- ried by the following vote: Yeas—Mayor Pregler, Council- men Ludwig, Pfohl, Schultz. Nays—None. Absent—Councilman McCauley. Petition of Richard Hill request- ing a refund of $150. on the unex- pired portion of Class "B" beer license No. 69, as he has discontin- ued business on July 14, 1966, pre- sented and read. Councilman Lud- wig moved that the refund be granted and the Auditor instruct- ed to issue proper warrant. Sec- onded by Councilman Pfohl. Car- ried by the following vote: Yeas — Mayor Pregler, Council- men Ludwig, Pfohl, Schultz. Nays—None. Absent — Councilman McCauley. Petition of Richard Hill request- ing a refund of $75. on the unex- pired portion of cigarette license No. 1.93, as he discontinued busi- ness on July 14, 1966, presented and read. Councilman Ludwig mov- ed that the refund be granted and the Auditor instructed to issue proper warrant. Seconded by Coun- cilman Pfohl. Carried by the fol- lowing vote: Yeas — Mayor Pregler, Council- men Ludwig, Pfohl, Schultz. Nays—None. Absent—Councilman McCauley. RESOLUTION NO. 186.66 WHEREAS, the Attorney Gen- eral of the Stale of Iowa has filed an Anti -Trust suit in Federal Dis- trict Court in Minneapolis, Minne- sota, on behalf of the State of Iowa and certain political subdi- visions thereof, against the follow- ing Rock Salt producers and dis- tributors: 1) Morton International Inc.; 2) Diamond Crystal Salt Com- pany; 3) Carey Salt Company; 4) Cutler Magner Company; 5) Cargill, Inc.; 6) Cargo Carriers Inc.; 7) American Salt Company; 8) Barton Salt Company; 9) Hardy Salt Company; 10) International Salt Company. and WHEREAS, the City of Dubuque, Special Session, July 18, 1966 279 Iowa. has purchased a substantial amount of rock salt from one or more of the above-named defend- ants in the aforesaid case, and WHEREAS. the City of Du- buque, Iowa, has authorized the Attorney General and his Assist- ants to represent their interests in the aforesaid case, NOW, THEREFORE, Be It Re - by the City Council of Du- buque, Iowa, in lawful session con- vened, that the Attorney General and his Assistants, are hereby di- rected and empowered for and on behalf of this body to make, sign, execute and deliver an Agreement of Settlement with any or all of the above-named defendants in connection with the above Anti - Trust suit. Passed this 18th day of July, 1966. City Council of Dubuque, Iowa By Walter A. Pregler Mayor I, the undersigned, City Clerk of Dubuque, Iowa, do hereby cer- tify this 18th day of July, 1988. that the foregoing Resolution was duly passed and adopted by the City Council of said city at a spe cial meeting at Dubuque. Iowa, on the 18th day of July, 1966, Leo F. Frommelt City Clerk of Dubuque. Iowa City (Seal) Councilman Ludwig moved adop- tion of the resolution. Seconded by Mayor Pregler. Carried by the fol lowing vote: Yeas — Mayor Pregler, Coun- cilmen Ludwig, Pfchl, Schultz Nays --None. Absent --Councilman McCauley. Proof of Publication, certified to by the Publisher, of notice of levy of special assessment and inten- tion of the City Council to issue bonds to pay for cost of an eight inch (811) sanitary sewer from the Catfish Creek Sanitary Sewer northerly through I of 3 to Lot 7 incl. of Moore Heights Subdivi- sion, presented and read Council. man Ludwig moved that the proof of publication be received and filed. Seconded by Councilman Schultz. Carried by the following vote: Yeas -- Mayor Pregler, Coun cilmen Ludwig, Pfohl, Schultz. Nays—None. Absent—Councilman McCauley. Statement of City Clerk certify. ing that notices of levy were mailed to property owners of rec- ord subject to assessment, by cer. tified mail on June 23, 1966, for the construction of the Moore Heights sanitary sewer, presented and read. Mayor Pregler moved that the statement be received and filed. Seconded by Councilman Pfohl. Carried by the following vote: Yeas — Mayor Pregler, Coun- cilmen Ludwig, Pfohl, Schultz. Nays—None. Absent—Councilman McCauley. RESOLUTION NO. 187.66 Schedule of Assessments Resolved by the City Council of the City of Dubuque, Iowa: That to pay for construction of an eight inch (8") sanitary sewer from the Catfish Creek sanitary sewer northerly through Lot 3 to Lot 7 inclusive of Moore Heights Subdi. vision, by Smitty's Excavating Ser- vice, contractor in front of and ad- joining the same, a special tax be and is hereby levied on the several lots, and parts of lots, and par- cels of real estate all as named, situated and owned, and for the several amounts set opposite each lot or parcel of real estate, as set forth in the following schedule. Moore Heights Sanitary Sewer 1966 Lois W issel, Lot 3, Moore Heights ............................ 1,185.00 Roland E. & Jane C. Ken- nedy, Lot 4, Moore Heights ............................ 1,185.00 John S. Chapman & Mary J. Chapman, Lot 5, Moore Heights .............. 1,185.00 Martin L. & Adele V. Bar - dill, Lot 6, Moore Heights ............................ 750.00 Wm. H. & Louise E. Rie- del, Lot 7, Moore Heights 750.00 5,055.00 Passed, adopted and approved this 18th day of July 1966. Walter A. Pregler Mayor Merlin F. Schultz Eldon A. Pfohl Richard Ludwig Councilmen 280 Special Session, July 18, 1966 Attest: Leo F. Frommelt City Clerk Councilman Schultz moved adop- tion of the resolution. Seconded by Mayor Pregler. Carried by the following vote: Yeas — Mayor Pregler, Coun- cilmen Ludwig, Pfohl, Schultz. Nays—None. Absent—Councilman McCauley. Proof of Publication, certified to by the Publisher, of notice of public hearing to consider pro- posal to authorize the issuance of sewer bonds in the amount of $5,055.00 for the purpose of paying cost of constructing an eight inch (8") sanitary sewer from the Cat- fish Creek Sanitary sewer north- erly through Lot 3 to Lot 7 inclu- sive in Moore Heights Sub., pre- sented and read. Councilman Pfohl moved that the proof of publication be received and filed. Seconded by Councilman Ludwig. Carried by the following vote: Yeas — Mayor Pregler, Coun- cilmen Ludwig, Pfohl, Schultz. Nays—None. Absent—Councilman McCauley. RESOLUTION NO. 188-66 Resolution providing for the is- suance of sewer bonds for the pur- pose of providing for the payment of the assessed cost of an eight inch (8') Sanitary Sewer from the Catfish Creek Sanitary Sewer northerly through Lot 3 to Lot 7 inclusive of Moore Heights Subdi- vision. Whereas the contract heretofore entered into by the City of Du- buque, Iowa, for the Sewer here- inafter described has been com- pleted and the City Manager has certified the completion thereof. to the City Council and the City Council has ascertained the cost thereof and has determined that $5,055.00 Dollars of the cost there- of shall be assessed against the property subject to assessment therefor; and Whereas public notice, as pro- vided by law, has been published by the City Clerk stating the in- tention of the City Council to issue bonds for the purpose of providing for the payment of the assessed cost of said improvement and a public hearing has been held, pur- suant to such notice and all objec- tions made thereto have been con- sidered and determined; NOW THEREFORE Be It Re- solved by the City Council of the City of Dubuque: 1. That to provide for the pay- ment of the assessed cost of con- stnicting an eight inch (8") Sani- tary Sewer from the Catfish Creek Sanitary Sewer northerly through Lot 3 to Lot 7 inclusive of Moore Heights Subdivision there shall be issued Sewer bonds in the amount of $5,055.00 Dollars in anticipation of the deferred payment of assess- ments levied for such improve- ment. 2. Such bonds shall be called Sewer bonds; and shall bear the date of August 17, 1966; and shall be numbered consecutively; and they shall be numbered, divided into series, and be in such denom- inations and for such maturity dates as are shown in the follow- ing table: No. No. 1 162 5500.00 April 1, 1967 2 163 500.00 April 1, 1968 3 164 500.00 April 1, 1969 4 165 500.00 April 1, 1970 5 166 500.00 April 1, 1971 6 167 500.00 April 1, 1972 7 168 500.00 April 1, 1973 8 169 500.00 April 1, 1974 9 170 500.00 April. 1, 1975 10 171 500.00 April 1, 1976 10 172 55.00 April 1, 1976 3. Said bonds shall bear interest at the rate of 5 per cent per an- num, payable semi-annually in ac- cordance with coupons thereto at- tached: 4. Said bonds shall not make the City of Dubuque liable in any way, except for the application of said special assessment funds. 5. Said bonds shall provide that they may he payable at any time prior to the maturity date stated therein at the option of the City of Dubuque and shall be in sub- stantially the following form: No. ........................................................ SeriesNo. ......... ....... ...................... CITY OF DUBUQUE Sewer Bond The City of Dubuque in the State of Iowa promises to pay as hereinafter mentioned to the bear- er hereof, on the first day of April, 1967, or at any time before i Special Session, July 18, 1966 281 that date, at the option of the City of Dubuque, the sum of Five Hun dred dollars with interest thereon at the rate of 5 per cent per an num, payable semi-annually, on the presentation and surrender of the interest coupons hereto at. tached. Both principal and inter. est of this bond are payable at the office of the City Treasurer in the City of Dubuque, in the State of Iowa. This bond is issued by the City of Dubuque under and by vir- tue of Chapter 396 of the 1954 Code of Iowa, as amended, and the Resolution of said City duly passed on the 18th day of .luly. 1966. being Resolution No. 18866. This Bond is one of a series of 11 bonds, 10 for $500.00 numbered from 162 through 171, and one for $55.00 numbered 172, all of like tenor and date, and issued for the purpose of construction of an eight inch (81 sanitary sewer from the Catfish Creek sanitary sewer northerly through loot 3 of but 7 inclusive of Moore Heights Subdivision as described in said Resolution, in said City, which cost is payable by the abutting and ad• jacent property along said im- provements and is made by law a lien on all of said property. It is payable only out of the Special As- sessment Fund No 1257 created by the collection of said special tax, and said fund can be used for no other purpose. It is hereby certified and re- cited that all the acts, conditions and things required to be done, precedent to and in issuing this series of bonds, have been (lone, happened, and performed, in reg. ular and due form, as required by law and said Resolution, and for the assessment, collection and pay. ment hereon of said special tax, the full faith and diligence of said City of Dubuque are hereby irre- vocably pledged. In Testimony Whereof the City of Dubuque by its Council has caused this bond to be signed by its Mayor and countersigned by its City Clerk and the Seal of said City to be thereto affixed, this 17th day of August, 1966. (SEAL) .................... ........... I. ... ......... I........ Mayor .. _ .......... I...... City Clerk (Form of Coupon) On the. ............ day of ................... the City of Dubuque, Iowa, prom. ises to pay to the bearer, as pro. sided in said bond, the sum of Dollars, in the office of the City 'treasurer in the City of Dubuque, being ............ months' interest due that date on its .............. Bond No. .......... dated ............................... .................................... Mayor ....................................... . City Clerk 6. That the Mayor and City Clerk be and they are hereby in- structed to cause said bonds to be prepared and when so prepared to execute said bonds and that the City Clerk be and he is hereby in- structed to register said bonds in a book kept for that purpose and to then deliver them to the City 'treasurer. 7. That the City Treasurer is hereby instructed to sell said bonds in the manner provided by law, the proceeds of said sale to he placed in a special fund to be !mown as Special Assessment Fund No. 1257 and paid out by him to pay the cost of said contract. 8. That the interest coupons at- tached to the bonds be signed with the facsimile signature of the Ma- yor and countersigned with the facsimile signature of the City Clerk. 9. That as fast as funds allow, beginning with the second year after the payment of interest due, the City Treasurer is directed to call these bonds in the same order as numbered. 10. Notice of election to call these bonds shall be given by reg- ular United States Mail, addressed to the last known address of the Purchaser. Passed, adopted and approved this 18th day of July, 1966. Walter A. Pregler Mayor Merlin F. Schultz Eldon A. Pfohl Richard Ludwig Councilmen Attest: Leo F. Frommelt City Clerk Mayor Pregler moved adoption of the resolution. Seconded by 280 Special Session, ]illy 18, 196k-) Attest: Leo F. Frommelt City Clerk Councilman Schultz moved adop- tion of the resolution. Seconded by Mayor Pregler. Carried by the following vote: Yeas — Mayor Pregler, Coun- cilmen Ludwig, Pfohl, Schultz, Nays—None. Absent—Councilman McCauley. Proof of Publication, certified to by the Publisher, of notice of public hearing to consider pro- posal to authorize the issuance of sewer bonds in the amount of $5,055.00 for the purpose of paying cost of constructing an eight inch (8") sanitary sewer from the Cat- fish Creek Sanitary sewer north- erly through Lot 3 to Lot 7 inclu- sive in Moore Heights Sub., pre- sented and read. Councilman Pfohl moved that the proof of publication be received and filed. Seconded by Councilman Ludwig. Carried by the following vote: Yeas — Mayor Pregler, Coun- cilmen Ludwig, Pfohl, Schultz. Nays—None. Absent—Councilman McCauley. RESOLUTION NO. 168.66 Resolution providing for the is- suance of sewer bonds for the pur- pose of providing for the payment of the assessed cost of an eight inch (8") Sanitary Sewer from the Catfish Creek Sanitary Sewer northerly through Lot 3 to Lot 7 inclusive of Moore Heights Subdi- vision. Whereas the contract heretofore entered into by the City of Du- buque, Iowa, for the Sewer here- inafter described has been com- pleted and the City Manager has certified the completion thereof. to the City Council and the City Council has ascertained the cost thereof and has determined that $5,055.00 Dollars of the cost there- of shall be assessed against the property subject to assessment therefor; and Whereas public notice, as pro- vided by law, has been published by the City Clerk stating the in- tention of the City Council to issue bonds for the purpose of providing for the payment of the assessed cost of said improvement and a public hearing has been held, pur. suant to such notice and all objec- tions made thereto have been con. sidered and determined; NOW THEREFORE Be It Re- solved by the City Council of the City of Dubuque: 1. That to provide for the pay. ment of the assessed cost of con- structing an eight inch (8") Sani- tary Sewer from the Catfish Creek Sanitary Sewer northerly through Lot 3 to Lot 7 inclusive of Moore Heights Subdivision there shall be issued Sewer bonds in the amount of 05,055.00 Dollars in anticipation of the deferred payment of assess- ments levied for such improve- ment. 2. Such bonds shall be called Sewer bonds; and shall bear the date of August 17, 1966; and shall be numbered consecutively; and they shall be numbered, divided into series, and be in such denom- inations and for such maturity dates as are shown in the follow- ing table: No. No. 1 162 $500.00 April 1, 1967 2 163 500.00 April 1, 1968 3 164 500.00 April 1, 1969 4 165 500.00 April 1, 1970 5 166 500.00 April 1, 1971 6 167 500.00 April 1, 1972 7 168 500.00 April 1, 1973 8 169 500.00 April 1, 1974 9 170 500.00 April 1, 1975 10 171 500.00 April 1, 1976 10 172 55.00 April 1, 1976 3. Said bonds shall bear interest at the rate of 5 per cent per an- num, payable semi-annually in ac- cordance with coupons thereto at- tached: 4. Said bonds shall not make the City of Dubuque liable in any way, except for the application of said special assessment funds. 5. Said bonds shall provide that they may be payable at any time prior to the maturity date stated therein at the option of the City of Dubuque and shall be in sub- stantially the following form: No. ........................................................ SeriesNo . .......................................... CITY OF DUBUQUE Sewer Bond The City of Dubuque in the State of Iowa promises to pay as hereinafter mentioned to the bear- er hereof, on the first day of April, 1967, or at any time before SIveial Session, July 18, 1966 281 that date, at the option of the City of Dubuque, the sum of Five Hun. dred dollars with interest thereon at the rate of 5 per cent per an- num, payable semi-annually, on the presentation and surrender of the interest coupons hereto at- tached. Both principal and inter- est of this bond are payable at the office of the City Treasurer in the City of Dubuque, in the State of Iowa. This bond is issued by the City of Dubuque under and by vir- tue of Chapter 396 of the 1954 Code of Iowa, as amended, and the Resolution of said City duly passed on the 18th day of July. 1966, being Resolution No. 18866. This Bond is one of a series of 11 bonds, 10 for 4500.00 numbered from 162 through 171, and one for 4555.00 numbered 172, all of like tenor and date, and issued for the purpose of construction of an eight inch (8") sanitary sewer from the Catfish Creek sanitary sewer northerly through Lot 3 of Lot 7 inclusive of Moore Heights Subdivision as described in said Resolution, in said City, which cost is payable by the abutting and ad- jacent property along said im- provements and is matte by law a lien on all of said property. It is payable only out of the Special As- sessment Fund No. 1257 created by the collection of said special tax, and said fund can be used for no other purpose.. It is hereby certified and re- cited that all the acts, conditions and things required to be done, precedent to and in issuing this series of bonds, have been done, happened, and performed, in reg- ular and due form, as required by law and said Resolution. and for the assessment, collection and pay• ment hereon of said special tax, the full faith and diligence of said City of Dubuque are hereby irre- vocably pledged. In Testimony Whereof the City of Dubuque by its Council has caused this bond to be signed by its Mayor and countersigned by its City Clerk and the Seal of said City to be thereto affixed, this 17th day of August, 1966. (SEAL) ...................................... I .............. .... Mayor ............. I................ I.........................., City Clerk (Form of Coupon) On the ............ day of ................... the City of Dubuque, Iowa, prom. ises to pay to the bearer, as pro- vided in said bond, the sum of Dollars, in the office of the City Treasurer in the City of Dubuque, heing ............ months' interest due that date on its .............. Bond No. ........ dated ............................... ......................................Mayor .......................................................... City Clerk 6. That the Mayor and City Clerk be and they are hereby in- structed to cause said bonds to be prepared and when so prepared to execute said bonds and that the City Clerk be and he is hereby in- structed to register said bonds in a book kept for that purpose and to then deliver them to the City 'treasurer. 7. That the City Treasurer is hereby instructed to sell said bonds in the manner provided by law, the proceeds of said sale to he placed in a special fund to be known as Special Assessment Fund No. 1257 and paid out by him to pay the cost of said contract. 8. That the interest coupons at- tached to the bonds be signed with the facsimile signature of the Ma- yor and countersigned with the facsimile signature of the City Clerk. 9. That as fast as funds allow, beginning with the second year :after the payment of interest due, ,.he Pity Treasurer is directed to call these bonds in the same order as numbered. 10. Notice of election to call these bonds shall be given by reg- ular United States Mail, addressed to the last known address of the Purchaser. Passed, adopted and approved this 18th day of July, 1966. Walter A. Pregler Mayor Merlin F. Schultz Eldon A. Pfohl Richard Ludwig Councilmen Attest: Leo F. E'rommelt City Clerk Mayor Pregler moved adoption of the resolution. Seconded by 282 Slvcial Session. July 18, 1.96() Councilman Schultz. Carried by the following vote: Yeas — Mayor Pregler, Coun- cilmen Ludwig, Pfohl, Schultz. Nays—None. Absent—Councilman McCauley. Proof of Publication, certified to by the Publisher, of notice of time and place of hearing to dispose of interest in and to Easements "A" and "B" in Vorwald Place No. 2 to Eagle Food Centers Inc., pre- sented and read. No written objections were filed and no oral objectors were present in the Council Chamber at the time set for the public hearing. Councilman Pfohl moved that the proof of publication be received and filed. Seconded by Council- man Schultz. Carried by the fol- lowing vote: Yeas — Mayor Pregler, Council- men Ludwig, Pfohl, Schultz. Nays—None. Absent—Councilman McCauley. RESOLUTION NO. 16966 WHEREAS, pursuant to resolu- tion and published notice of time and place of hearing, published in the Telegraph -Herald, a newspaper of general circulation published in the City of Dubuque, Iowa, on June 24, 1966 and July 1, 1966, City Council of Dubuque, Iowa, met on the 18th day of July, 1966, at 7:30 o'clock 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 Easements "A" and "B" in Vorwald Place No. 2 in the City of Dubuque, Iowa. WHEREAS, City Council of Du- buque, Iowa, overruled any and all objections, oral or written, to the proposal to dispose of the interest of City of Dubuque, Iowa, in the above described Easements to EA- GLE FOOD CENTERS, INC. NOW THEREFORE Be It Re- solved by the City Council of City of Dubuque, Iowa: Section 1. That vacation of Easements "A" and "B" in Vor wald Place No. 2 to Eagle Food Centers, Inc. be and the same is hereby approved and the said gran tee shall pay costs of publication Section 2. That the Mayor ane City Clerk are hereby authorizec and directed to execute said grans if easements for and on behalf )f City of Dubuque, Iowa. Section 9. That the City Clerk ,)e and lie is hereby authorized and directed to record a certified ^opy of this Resolution in the of - rice of the Dubuque County Re- corder in and for Dubuque County, Iowa. Passed, adopted and approved this 18th day of July, A.D., 1966. Walter A. Pregler Mayor Merlin F. Schultz Eldon A. Pfohl Richard Ludwig Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pfohl moved adop- tion of the resolution. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Mayor Pregler, Coun- cilmen Ludwig, Pfohl, Schultz. Nays—None. Absent—Councilman McCauley. RESOLUTION NO. 190-66 BE 1T RESOLVED by the City Council of the City of Dubuque, Iowa, that the following having complied with the provisions of law relating to the sale of Ciga- rettes within the City of Dubuque, Iowa, be granted a permit to sell Cigarettes and Cigarette Papers within said City. Alan D. Brayton, 3200 Central Ave- nue BE IT FURTHER RESOLVED that the bonds filed with the ap- plication be approved. Passed, adopted and approved this 18th day of July, 1966. Walter A. Pregler Mayor Merlin F. Schultz Eldon A. Pfohl Richard Ludwig Councilmen Attest: Leo F. Frommelt City Clerk Councilman Ludwig moved adop- tion of the resolution. Seconded by Councilman Pfohl. Carried by the following vote: Yeas — Mayor Pregler, Coun- cilmen Ludwig, Pfohl, Schultz. Nays—None. Absent --Councilman McCauley. of Special Session, July 18, 1966 2M RESOLUTION NO. 191-66 WHEREAS, applications for Beer Permits have been submitted to this Council for approval and the same have been examined: NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the following applica- tions be granted and licenses be issued upon the compliance with the terms of the ordinances of the City. CLASS "B" BEER PERMIT Willard J. Driscoll. 509 West 8th Street CLASS "C" BEER PERMIT Harold 0. Specht, 3003 Asbur> Street Passed, adopted and approved this 18th day of July. 1966. Walter A. Pregler Mayor Merlin F. Schultz Eldon A. Pfohl Richard Ludwig Councilmen BE IT FURTHER RESOLVED that the bonds filed by such appli- cants be and the same are hereby approved. Passed, adopted and approved this 18th day of July, 1966. Walter A. Pregler Mayor Merlin F. Schultz Eldon A. Pfohl Richard Ludwig Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pfohl moved adop- tion of the resolution. Seconded by Mayor Pregler. Carried by the following vote: Yeas — Mayor Pregler. Council- men Ludwig, Pfohl, Schultz. Nays --None. Absent --Councilman McCauley. RESOLUTION NO. 192.66 WHEREAS, applications for Beer Permits were filed by the within named applicants and they have received the approval of this Coun- cil; and WHEREAS, the premises to be occupied by such applicants were inspected and found to comply with the ordinances of this City and they have filed proper bonds: NOW THEREFORE, Be It Re- solved by the City Council of the City of Dubuque, Iowa, that the Manager be and he is hereby di- rected to issue to the following named applicants a Beer Permit. CLASS "B" BEER PERMIT Willard J. Driscoll, 509 West 8th Street CLASS "C" BEER PERMIT Harold O. Specht, 3003 Asbury Street Attest: Leo F. Frommelt City Clerk Councilman Ludwig moved adop- tion of the resolution. Seennded by Mayor Pregler. Carried by the fol- lowing vote: Yeas — Mayor Pregler, Council- men Ludwig, Pfohl, Schultz. Nays—None. Absent—Councilman McCauley. RESOLUTION NO. 19366 WHEREAS, applications for Liq- uor Permits have been submitted to this Council for approval and the same have been examined, NOW THEREFORE Be It Re. solved, by the City Council of the City of Dubuque, Iowa, that the following applications be granted and licenses issued upon the com- pliance with the terms of the Iowa Liquor Control Act—Chapter 123 --as amended by the 60th Gen- eral Assembly, 1963. CLASS ,C" COMMERCIAL ESTABLISHMENT John B. Burgmaier, 2401 Windsor Avenue Passed, adopted and approved ibis 18th day of July, 1966. Walter A. Pregler Mayor Merlin F. Schultz Eldon A. Pfohl Richard Ludwig Councilmen Attest: Iso 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, Pfohl, Schultz. Nays—None. Absent—Councilman McCauley. 289 Special Session, July 18, 1966 RESOLUTION NO. 19466 WHEREAS, applications for Liq. uor Permits were filed by the with- in named applicants and they have received the approval of this Council, and WHEREAS, the premises to be occupied by such applicants were inspected and found to comply with the State Law and all City ordinances relevant thereto a n d they have filed proper bonds; NOW THEREFORE BE IT RE- SOLVED by the City Council of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named applicants a Liquor Permit. NAME ADDRESS CLASS "C" COMMERCIAL ESTABLISHMENT John B. Burgmaier, 2401 Wind- sor Avenue. Passed, adopted and approved this 18th day of July, 1966. Walter A. Pregler Mayor Merlin F. Schultz Eldon A. Pfohl Richard Ludwig Councilmen Attest: Leo F. Frommelt City Clerk Mayor Pregler moved adop- tion of the resolution. Seconded by Councilman Pfohl. Carried by the following vote: Yeas — Mayor Pregler, Council- men Ludwig, Pfohl, Schultz. Nays—None. Absent—Councilman McCauley. There being no further business Mayor Pregler moved to adjourn. Seconded by Councilman Pfohl. Carried by the following vote: Yeas — Mayor Pregler, Council- men Ludwig, Pfohl, Schultz. Nays—None. Absent—Councilman McCauley. Leo F. Frommelt City Clerk November 7 Approved..................................... 1966 November 7 Adopted ....................................... 1966 �s.,!..JQ/Q..C�� Councilmen % i City Clerk Special Session, July 15, 196A) (ITY COUNCIL special Session, July 25. 1966 Council met at 7:30 P.M. (D.S.T.) present—Mayor Pregler, Council- men Ludwig, McCauley, Pfohl, Schultz. City Manager %silbert D. Chav- enelle. mayor Pregler read the call and stated that service thereof had been duly made and this meeting is called for the purpose of setting a date of public hearing to consider City of Dubuque BUDGET ESTI- MATE of Expenditures for the fis- cal year beginning January 1, 1967 and ending December 31, 1967 and acing upon such other business a,; may properly come before a regu lar meeting of the City Council Notice of claim of Mrs. Blanche Forde of 29011^a Pinard Street, in the amount of $105.68, for personal injuries received in a fall in Pinard street on May 5, 1966, presented and read. Councilman Ludwig moved that the notice of claim be referred to the City Solicitor for investigation and report. Seconded by Mayor Pregler. C arfied by the following vote: Yeas—Mayor Pregler, Council men Ludwig, McCauley, Pfohl, Schultz. Nays—None. Notice of claim of Alphonse J. Reno, in the amount of $17.00, for plumbirg expense incurred as the result of a plugged sanitary sewer at 2718 Washington Street on June 13, 1966, presented and read. Councilman Ludwig moved that the notice of claim be referred to the City Solicitor for investigation and report. Seconded by Mayor Pregler. Carried by the following vote: Yeas—dayor Pregler, Council- men Ludwig, McCauley, Pfolhl, Schultz. Nays—None. Communication of D u b u q u e Homebuilders & Associates sub- mitting endorsement of Carl Ilart- mann as a candidate to fill vacancy on the Dubuque: Building Code Committee created by the untimely death of Merlin P. Kluck, presented and read. Mayor Pregler approved 295 he endorsement of Carl Hartmann nd the Clerk was instructed to otify Mr. Hartmann of his appoinl- nent. Seconded by Councilman 'fohl. Carried by the following ote: Yeas — Mayor Pregler, Council- men Ludwig, McCauley, Pfohl, Schultz. Nays—None. duly 25, 196S To the Honorable Mayor and Members of the City Council Gentlemen: In accordance with the provi- sions of Chapter 365 of the 1962 Code of Iowa, the Civil Service Commission conducted entrance ex. aminations on June 23, 1966, for those seeking positions on the POLICE. Department. The following named persons has passed both the written and physi- cal examinations and is hereby certified for appointment to the POLICE Department. William J. Stahl 70% Respectfully submitted, Gerard B. Noonan, Chairman Louis F. Fautsch, Civil Service Commission Attest: Leo F. Frommelt, Clerk Subscribed and sworn to before me this 25th day of July 1966. James T. Purcell, (Notary Seal) Notary Public Councilman Pfohl moved that the communication be received and made a matter of record. Seconded by Councilman Ludwig. Carried by the following vote: Yeas—Mayor Pregler, Council- men Ludwig, McCauley, Schultz. :'Nays—None. Petition of Ilillerest Builders Inc. requesting the installation of street lights on various streets in Key Knolls Subdivision, Presented dand read. Councilman Ludwig that the petition be referred to the City Manager and Electrical In- spector for investigation port. Seconded by Councilman Schultz. Carried by the following vote: Yeas --Mayor Pregler, council, Pfohl men Ludwig, McCauley, Schultz. Nays—None. 286 Special Session. July 2.5, 1966 Petition of Peoples Natural Gas requesting permission to excavate in State Street (10 yr.) at Cleve- land to replace leaking mains, pre- sented and read. Councilman Hohl moved that the petition be granted. Seconded by Mayor Pregler. Car- ried by the following vote: Yeas — Mayor Pregler, Council- men Ludwig, McCauley, Pfohl, Schultz. Nays—None. Petition of Peoples Natural Gas requesting permission to excavate in Rush street (10 yr.) at Bryant to replace leaking mains, present- ed and read. Councilman Pfohl moved that the petition be granted. Seconded by Mayor Pregler. Car- ried by the following vote: Yeas — Mayor Preger, Council- men Ludwig, McCauley, Pfohl, Schultz. Nays—None. Petition of Key City Investment Co. requesting rezoning of proper- ties abutting John F. Kennedy Road to Local Business District "B" classification, presented and read. Councilman Pfohl moved that the petition be referred to the Planning & Zoning Commission. Seconded by Mayor Pregler. Car- ried by the following vote - Yeas — Mayor Pregler, Council- men Ludwig, McCauley, Pfohl, Schultz. Nays — None. Petition of William J. Lembke et al requesting the opening and grading of Farragut Street from Peosta street to Kerper Blvd., pre- sented and read. Mayor Pregler moved that the petition be referred to the City Manager and Engineer ing Department for investigatior and report. Seconded by Council man Ludwig. Carried by the fol lowing vote: Yeas — Mayor Pregler, Council men Ludwig, McCauley, Pfohl Schultz. Nays—None. Petition of Amvets Auxiliar, Post No. 3 Dubuque requesting permission to conduct. White Clove. Days on Friday and Saturday, Aug ust 5th and 6th presented ani read. Councilman Ludwig moves that the petition be approved sut: jest to the approval of the Mayo and City Manager. Seconded b, 'ouncilman Pfohl. Carried by the ollowing vote: Yeas — Mayor Pregler, Council - nen Ludwig, McCauley, Pfohl, ;chultz. Nays — None. RESOLUTION NO. 195.66 WHEREAS the City Manager has ;ubmitted a BUDGET ESTIMATE is provided in Chapter 24 of the 1962 Code of Iowa and the City ,ouncil had been duly considered rnd caused to be prepared the bud - ,et estimate of expenditures for :he fiscal year beginning January 1, 1967 and ending December 31, 1967, as a basis for the tax levy for the year 1966, the same to be collected in the year 1967, and said budget having been duly approved by it. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That said Budget Estimate be and the same is hereby ordered filed in the office of the City Clerk of the City of Dubuque, Iowa, and the date of public hear- ing thereon is hereby fixed as the 8th day of August 1966 at 7:30 o'clock P.M. Daylight Saving Time in the Council Chamber at the City Hall. BE IT FURTHER RESOLVED that said Clerk be and he is hereby directed to cause said budget esti- mate of expenditures to be publish- ed in the official newspaper of the City of Dubuque and the official notice to be given of the time and place, when and where said Budget Estimate will be considered by said Council for final adoption, at which time and place taxpayers will be heard for or against said estimate, said publication to be not less than ten (10) days before said date of hearing. Passed, adopted and approved this 25th day of July, 1966. Walter A. Pregler Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Richard Ludwig Councilmen Attest: Leo F. Frommelt City Cerk Special Session, July 25, 1966 287 Councilman Pfohl moved adop- tion of the resolution. Seconded by I Councilman McCauley. Carried by the following vote: Yeas — Mayor Pregler, Council- men Ludwig, McCauley, Pfohl. Schultz. Nays—None. RESOLUTION NO. 196.66 Preliminary resolution for the construction of City of Dubuque 1966 Kelly Lane water main Pro- ject No. I. Whereas, the City Council deems it necessary to institute proceed- ings for the construction of City of Dubuque 1968 Kelly Lane Water Main Project No. 1 consisting of a cast iron water main in Kelly Lane from the East Property Line of Fremont Avenue to the Northwest Property Line of Lot 1 of Lot 1 of Lot 1 of Mineral Lot 511. Now Therefore Be It Resolved by the City Council of the City of Dubuque, Iowa: 1. That the City Engineer is hereby instructed to prepare pre- liminary plans and specifications, an estimate of total cost, and a plat and schedule for said improve- ment and place same on file with the City Clerk. 2. That the property to be bene- fitted by said improvement is (gen- eral description of all property in district). All real estate abutting on the above described portion of the above named street. 3. The estimate of total cost of said improvement herein ordered shall include an estimate of the cost of engineering, preliminary reports, property valuations, esti- mates, plans, specifications, notices, legal services, acquisition of land, consequential damages or costs, easements, rights of way, construc- tion, (repair) supervision, inspec- tion, testing, notices of publica- tion, interest, and printing and sale of bonds. 4. These proceedings are covered under Chapter 391 A of the Code of Iowa. 5. That said improvement is here by designated City of Dubuqu( 1966 Kelly Lane Water Main Pro ject No. 1 and may be referred t( by such title in the all subsequen proceedings. Passed, adopted and approved his 25th day of July, 1966. Walter A. Pregler Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Richard Ludwig Councilmen Attest: Leo F. Frommelt, City Clerk Councilman Ludwig moved adop- tion of the resolution. Seconded by Mayor Pregler. Carried by the following vote: Yeas — Mayor Pregler, Council- men Ludwig, McCauley, Pfohl, Schultz. Nays—None. July 22, 1966 To the Honorable Mayor and Members of the City Council Gentlemen: I herewith submit a proposed plan of the City of Dubuque 1966 Kelly Lane Water Main Project No. 1 consisting of a cast iron water main in Kelly Lane from the east property line of Fremont Avenue to the Northwest property line of Lot 1 of Lot 1 of Lot 1 of Mineral Lot 511 and a proposed schedule of the lots within the district served by said improve- ment. Respectfully submitted, John L. White, City Engineer Councilman Ludwig moved that the communication be received and filed. Seconded by Councilman Pfohl. Carried by the following vote: Yeas — Mayor Pregler, Council men Ludwig, McCauley, Pfohl, Schultz. Nays—None. RESOLUTION NO. 197-66 Resolution determining valuations of each lot within the proposed as- sessment district for (Short Title) City of Dubuque 1966 Kelly Lane Water Main Project No. 1. Be It Resolved by the City Coun- cil of the City of Dubuque: 1. That the valuations set out in the foregoing list are hereby deter- mined to be the present fair market value, with the proposed improve- pocompleted, t within the the proposed assessment district 288 Special Session, July 25, 1966 for (Short Title) City of Dubuque 1966 Kelly Lane Water Main Pro- ject No. 1. And the City Clerk is hereby directed to report the same to the City Engineer who shall show val- uations on the schedule heretofore ordered for said improvement. Passed, adopted and approved this 25th day of July, 1966. Walter A. Pregler Mayor M. Sylvester McCaulev Merlin F. Schultz Eldon A. Pfohl Richard Ludwig Councilmen Attest: Leo F. Frommelt, City Clerk Councilman Ludwig moved adop- tion of the resolution. Seconded by Mayor Pregler. Carried by the fol- lowing vote: Yeas — Mayor Pregler, Council- men Ludwig, McCauley, Pf.ohl, Schultz. Nays—None. RESOLUTION NO. 198-66 Preliminary Estimate and ap- proval of plans, specifications, form of contract, and all other docu- ments for CITY OF DUBUQUE 1966 KELLY LANE WATER MAIN PROJECT NO. i consisting of a cast iron water main in Kelly Lane from the east property line of Fre- mont Avenue to the Northwest property line of Lot 1 of Lot 1 of Lot 1 of Mineral Lot 511 in an estimated amount of $46,966.67, presented and read. Councilman Ludwig moved adop- tion of the resolution. Seconded by Councilman Pfohl. Carried by the following vote: Yeas — Mayor Pregler, Council- men Ludwig, McCauley, Pfohl, Schultz. Nays—None. RESOLUTION NO. 199-66 Resolution of necessity for con- struction of City of Dubuque 1966 Kelly Lane Water Main Project No. 1 also setting time and place of hearing and prescribing notice for City of Dubuque 1966 Kelly Lane Water Main Project No. 1. Whereas, proposed plans and specifications, plat and schedule have been duly prepared and ap- proved by the City Council of tht�. City of Dubuque and are now on file in the office of the City Clerk showing, among other, things the following: a. An estimated total cost of the work. b. The amount proposed to be assessed against each lot for the improvement for the construction of (description of improvement) City of Dubuque 1966 Kelly Lane Water Main Project No. 1 consist- ing of a cast iron water main in Kelly Lane from the East Property Line of Fremont Avenue to the Northwest Property Line of Lot I of Lot 1 of Lot 1 of Mineral Lot 511. Be It Therefore Resolved by the City Council of the City of Dubu- que, Iowa: 1. That the City Council deems it advisable and necessary for the public welfare to make said im- provement. 2. Said improvement shall be constructed and done in accordance with said plans and specifications and a portion of the total cost of making said improvement shall be assessed against all privately owned property lying within the as- sessment district shown on such plat in an amount not to exceed the amount provided by law and in proportion to the special benefits conferred thereby and the remaind- er of the total cost shall be paid out of the Water Works Deprecia- tion Fund. 3. Bonds shall be issued and sold in anticipation of deferred payments of assessments when a contract has been performed and accepted and the proceeds thereof used to pay the contractor. 4. On the 22nd day of August 1966 at 7:30 P.M. (D.S.T.) the City Council will meet in the City Coun- cil chambers in the City Hall, in the City of Dubuque, Iowa and hear property owners subject to the as- sessment and interested parties for and against the improvement, its cost, the assessment thereof, or the boundaries of the district. 5. The City Clerk is hereby authorized and directed to cause public notice of the date, time and place of hearing to be given by publication once each week for two consecutive weeks the first of which publications shall be not less than fifteen nor more than twenty five days prior to said Special Session, July 25, 1966 289 hearing and by mailing a copy of said notice by registered mail to the owners of said property to be assessed, as shown by the records in the office of the County Auditor on or before the first publication of the notice. Approved on first reading this 25th day of Jule, 1966. Walter A. Pregler Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Richard Ludwig Councilmen Attest: Leo F. Frommelt, City Clerk Councilman Pfohl moved approv- al of the resolution. Seconded by Mayor Pregler. Carried by the fol- lowing vote: Year, — Mayor Pregler, Council- men Ludwig, McCauley, Pfohl. Schultz. Nays—None. April 28. 1966 To the Honorable Mayor and City Council Gentlemen: I herewith submit the attached sheets No. 1 and 2. inclusive show. ing a schedule of the proposed valuations and assessments for the Kelly Lane 8" Sanitary Sewer 1968. Submitted July 25, 1966. John L. White, City Engineer Councilman Ludwig moved that the communication be received and filed. Seconded by Mayor Pregler. Carried by the following vote: Yeas — Mayor Pregler, Council men Ludwig, McCauley, Pfohl. Schultz. Nays—None. RESOLUTION NO. 200.66 Walter A. Pregler Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Richard Ludwig Councilmen Attest: Leo F. Frommelt, City Clerk Councilman Pfohl moved adop- tion of the resolution. Seconded by Mayor Pregler. Carried by the following vote: Yeas — Mayor Pregler, Council- men Ludwig, McCauley, Pfohl, Schultz. Nays—None. Be it resolved by the City Coun- cil of the City of Dubuque, Iowa: Section 1. That the attached sheets No. 1 to 2, inclusive, are hereby determined to be the sched- ule of proposed assessments for the Kelly Lane 8" Sanitary Sewer 1966, and the valuations set out therein are hereby approved. Adopted this 25th day of July, 1966. RESOLUTION NO. 201.66 Preliminary Estimate and ap- proval of proposed plans, specifica- tions, form of contract, plat and all other documents for the construc. tion of an eight inch (811) sanitary sewer from the Catfish Creek San- itary sewer southerly to Kelly Lane then east and west in Kelly Lane with the westerly end at the E.P.L. Fremont Avenue and the easterly end at Lot 1-10 of Henschel's High- land Sub., at an estimated cost of $32,788.91, presented and read. Councilman Pfohl moved adop- tion of the resolution. Seconded by Mayor Pregler. Carried by the fol- lowing vote: Yeas — Mayor Pregler, Council- men Ludwig, McCauley, Pfohl, Schultz. Nays—None. (Necessity for Improvement) RESOLUTION NO. 202.66 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 boundaries of the district, if any. 2. The streets to be improved. 3. The width of such improve- ment, and the size and kind of sewers. 4. Each lot proposed to be as. sessed together with a valuation fixed by the council. 290 Special Session, July 25, 1966 5. An estimate of the cost of the proposed improvement, stating the same for each different type of construction and kind of material to be used. 6. In each case the amount thereof which is estimated to be assessed against each lot, for the Construction of an eight inch (81 sanitary sewer from the Catfish Creek Sanitary sewer southerly to Kelly Lane then east and west in Kelly Lane with the westerly end at the E.P.L. Fremont Avenue and the easterly end at Lot 1-10, Block 1 of Henschels Highlands Sub. BE IT THEREFORE RESOLVED that the City Council on its own motion or upon petition of proper- ty owners, deems it advisable and necessary for the public welfare to make the herein mentioned im- provement, and unless property owners at the time of the final consideration of this proposed reso- lution have on file with the City Clerk objections to the amount of the proposed assessments, they shall be 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 the cost and expense of making said improve- ment will be assessed upon and against all privately owned proper- ty lying within assessable distance provided by law and in an amount rot to exceed the amount provided by law, property will be assessed whether the same abuts thereon or is adjacent thereto according to area and in proportion to the spec- ial benefits conferred thereby, and any deficiency shall be paid out of the sewer funds. Bonds shall be issued and sold in anticipation of deferred payments of assessments when a contract has been perform• ed and accepted and the proceeds thereof used to pay the contractor The railway portion of any street or assessment district shall be as sessed to and paid by the railway company. The above resolution was intro duced, approved and ordered plat ed on file with the City Clerl this 25th day of July, 1966. Approved and placed on file for Final action. Walter A. Pregler Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Richard Ludwig Councilmen Attest: Leo F. Frommelt, City Clerk Mayor Pregler moved approval of the resolution. Seconded by Councilman Pfohl. Carried by the following vote: Yeas — Mayor Pregler, Council- men Ludwig, McCauley, Pfohl, Schultz. Nays—None. (Fixing date of hearing) RESOLUTION NO. 203-66 WHEREAS, the City Council of the City of Dubuque, Iowa, has by Resolution No. 201-66 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 (81) sanitary sewer from the Catfish Creek San- itary sewer southerly to Kelly Lane then east and west in Kelly Lane with the westerly end at the E.P.L. Fremont Avenue and the easterly end at Lot 1-10, Block 1 of Hen- schels Highlands Sub. and, WHEREAS, the proposed Resolu- tion of Necessity for said improve- ment has been introduced and is now on file in the City Clerk's office for public inspection. BE IT THEREFORE RESOLVED that on the 22nd day of August 1966, a public hearing will be held at 7:30 o'clock P.M. D.S.T. in the Council Chamber in the City of Dubuque at which time the owners of property subject to assessment for the 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 Special Session, July 25, I9(i(i 291 and he is hereby directed to cause a notice of the time and place of such hearing to be published in some newspaper published in the city of Dubuque, the last of which shall be not less than two (2) nor more than (4) weeks prior to the day fixed for its consideration and unless property owners at the time of final consideration of said reso- lution 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 25th day of July. 1966. Walter A. Pregler Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Richard Ludwig Councilmen Attest: Leo F. Frommelt, City Clerk Councilman Ludwig moved adop- tion of the resolution. Seconded by Councilman Pfohl. Carried by the following vote: Yeas — Mayor Pregler, Council- men Ludwig, McCauley, Pfohl, Schultz. Nays—None. RESOLUTION NO. 20466 BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the following having complied with the provisions of law relating to the sale of Cigar- ettes within the City of Dubuque, Iowa, be granted a permit to sell Cigarettes and Cigarette Papers within said City. David C. Jaeger, 285 Locust Street BE IT FURTHER RESOLVED that the bond filed with the ap- plication be approved. Passed, adopted and approved This 25th day of July, 1966. Walter A. Pregler Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Richard Ludwig Councilmen Attest: Leo F. Frommelt, City Clerk Councilman Ludwig moved adop- tion of the resolution. Seconded by Mayor Pregler. Carried by the fol- lowing vote: Yeas — Mayor Pregler, Council- men Ludwig, McCauley, Pfohl, Schultz. Nays—None. There being no further business Mayor Pregler moved to adjourn. Seconded by Councilman Pfohl. Carried by the following vote: Yeas — Mayor Pregler, Council- men Ludwig, McCauley, Pfohl, Schultz. Nays—None. Leo F. Frommelt City Clerk Approved .November 7 19es. Adopted ... NQve}nber...7...1966. Councilmen: ........aal* ................................. City Clerk Regular Session, August 1, 1966 293 CITY COUNCIL OFFICIAL Regular Session, August 1, 1966 Council met at 7:30 P.M. (D.S.T.) Present—Mayor Pregler, Council- men Ludwig, McCauley, Pfohl, Schultz. City Manager Gilbert D. Chav- enelle. Mayor Pregler read the call and stated that service thereof had been duly made, this being the Regular monthly meeting of the Council, called for the purpose of acting upon such business as may properly come before the meeting. Mayor Pregler moved that the rules be suspended in order to give anyone present an opportunity to address the Council if they so de- sire. Seconded by Councilman Lud- wig. Carried by the following vote: Yeas — Mayor Pregler, Council- men Ludwig. McCauley, Pfohl, Schultz. Nays—None. Salvatore Seiremammano, as a representative of the Youth Coun- cil of the City, presented a flag to the Council for delivery and presentation to the captain and crew of the U.S.S. Dubuque, a ship to be christened and commissioned August 6, 1966 at Pascagoula. Mis- sissippi, with the following pre- sentation speech: HONORABLE MAYOR AND MEMBERS OF THE COUNCIL The Dubuque Youth Council, in the name of all the youth of the City, takes great pleasure in having the opportunity to present this Flag of our Nation to the City Council. We know that the Honorable Mayor will be the official City representative at ceremonies at- tendant to the christening of the U.S.S. Dubuque in Pascagoula, Mis- sissippi later this month. We would be most appreciative if the Honorable Mayor would take this Flag to those ceremonies and present it to the Captain and crew of the U.S.S. Dubuque as a token of our esteem for the U.S. Navy and for those who fight for the cause of freedom throughout the world. It is the fondest hope of the Youth Council that the presenta- tion of this flag will be recog- nized by your group as a pledge of the youth of the City to main- tain those high ideals of citizen- ship and on conduct consistent with the needs of our commun- ity and our country. Please convey our sincerest wish- es of success to the men who will serve aboard the U.S.S. Dubuque. Advise them that this Flag is in- tended to serve them as a constant reminder of the trust and hope of the youth of the City of Du- buque that all missions of the U.S.S. Dubuque will be met with the fullest measure of success. THANK YOU Councilman Pfohl moved that the presentation speech by Salvatore Seiremammano be made a matter of record. Seconded by Council- man Schultz. Carried by the follow- ing vote: Yeas — Mayor Pregler, Council- men Ludwig, McCauley, Pfohl, Schultz. Nays—None. July 29, 1966 To the Honorable Mayor and Members of the City Council Gentlemen: Attached hereto is a contract between the City and Iowa State Highway Commission; in the amount of $3,160.00 for Primary Road Extension Maintenance to be paid to the City covering mainten- ance work considered to be routine for the period of July 1, 1966 to June 30, 1967. Respectfully submitted, Gilbert D. Chavenelle, City Manager Councilman Ludwig moved that the contract be received and filed. Seconded by Councilman Pfohl. Carried by the following vote: Yeas — Mayor Pregler, Council- men Ludwig, McCauley, Pfohl, Schultz. Nays—None. August 1, 1966 To the Honorable Mayor and City Council Gentlemen: I herewith submit the reports of the City Auditor, City Treasurer and the Water Works for the month of June 1966, as well as a list of claims and payrolls for 294 Regular Session, August 1, 1966 which warrants were issued for the month of June, 1966. Respectfully, Gilbert D. Chavenelle, City Manager Mayor Pregler moved that the reports be received and filed. Sec- onded by Councilman McCauley. Carried by the following vote: Yeas — Mayor Pregler, Council- men Ludwig, McCauley, Pfohl, Schultz. Nays—None. Proof of Publication, certified to by the Publisher, of Statement of Receipts and a list of claims for which warrants were issued during the month of June 1966, presented and read. Councilman Ludwig moved that the proof of publication be received and filed. Seconded by Council- man McCauley. Carried by the fol- lowing vote: Yeas — Mayor Pregler, Council- men Ludwig, McCauley, Pfohl, Schultz. Nays—None. August 1, 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 same. SIDEWALK Robert Berger and Phillip Dittman, Jr., D/B/A The General Concrete Co., Western Surety Company Mac Correll, Merchants Mutual Bonding Company Baumgartner and Pusateri, Merch- ants Mutual Bonding Company George C. Westereamp, Iowa Surety Company Respectfully, Gilbert D. Chavenelle, City Manager Mayor Pregler moved that filing of the bonds be approved subject to approval of the City Attorney. Seconded by Councilman 1'fohl. Carried by the following vote: Yeas — Mayor Pregler, Council- men Ludwig, McCauley, Pfohl, Schultz. Nays—None. Petition of Knob Hill Inc. re- questing installation of street lightf at various locations in Knob Hill Subdivision, presented and read Councilman Ludwig moved that the petition be referred to the City Vlanager and Electrical Inspector for investigation and report. Sec- ,)nded by Councilman Schultz. Car- ried by the following vote: Yeas — Mayor Pregler, Council- men Ludwig, McCauley, Pfohl, Schultz. Nays—None. Petition of Mr. and Mrs. Merlin K. Lewis requesting vacation of a platted but unopened street north of and adjacent to Lot 4 of M.L. 472, north side of which borders Linwood Cemetery, presented and read. Mayor Pregler moved that the petition be referred to the Planning & Zoning Commission for investigation and report. Seconded by Councilman McCauley. Carried by the following vote: Yeas — Mayor Pregler, Coun- cilmen Ludwig, McCauley, Pfohl, Schultz. Nays—None. Petition of St. Joseph Mercy Hospital of Dubuque requesting acquisition of a portion of prop- erty described as Lot 1 of City Lot 732, south of Mazzuehelli Drive, presented and read. Coun- cilman Ludwig moved that the petition be referred to the Plan- ning & 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 Vernon C. VanCleve e'. al requesting establishment of responsibility, either the subdivid- er or the City, as to the comple- tion of a storm sewer running par- allel with Kaufmann Avenue and Marywood Drive from Crissy to Evergreen Street, presented and read. Councilman Schultz moved that the petition be referred to the City Engineer for investigation and report. Seconded by Council- man McCauley. Carried by the fol- lowing vote: Yeas — Mayor Pregler, Coun- cilmen Ludwig, McCauley, Pfohl, Schultz. Nays—None. Petition of Frances Jones re- questing a refund of $250 on the unexpired portion of Liquor Li- cense No. C-3638, as she has dis- continued business on June 28, 1966, presented and read. Mayor T Regular Session, August 1, 1966 295 Pregler moved that the refund be granted and the Auditor instructed to issue proper warrant. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Mayor Pregler, Coun- cilmen Ludwig, McCauley, Pfohl, Schultz. Nays—None. Petition of Noah McNamer, re- questing a refund of $75 on the unexpired portion of cigarette li- cense No. 202, as he has discon- tinued business on July 2, 1966, presented and read. Councilman Ludwig 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, Coun- cilmen Ludwig, McCauley, Pfohl, Schultz. Nays—None. August 1, 1966 To the Honorable Mayor and Members of the City Council Gentlemen: In accordance with the provi- sions of Chapter 385 of the 1962 Code of Iowa, the Civil Service Commission conducted entrance examinations on June 23, 1966 for those seeking appointments to the FIRE Department. The following named person has passed both the written and physi- cal exam and his name is hereby certified for appointment to the Fire Department. Milton A. Boyes ......................77.5% Respectfully submitted, Gerard B. Noonan Chairman Louis F. Fautsch Members of Civil Service Commission DUBUQUE AIRPORT COMMISSION RESOLUTION No. 3.66 WHEREAS, the Airport Com- mission of the City of Dubuque, Iowa has made a comprehensive study of the needs and require- ments to be met in order to place the Dubuque Municipal Airport in a position to meet the demands and requirements of modern day airplane travel and in order to conform and comply with present regulations prescribed and enacted by the regulating agencies of the U.S. Government; and WHEREAS, the Airport Commis- sion of the City of Dubuque, Iowa as a result of its studies has de- termined and established that the following improvements must be made to the Dubuque Municipal Airport at the earliest possible time, which improvements pro- posed to be made are as follows: 1. Extend the existing runway an additional 900 feet and extend taxiway; 2. Construct and erect addition. al lights and remodel the existing lighting system at the Dubuque Municipal Air. Attest: Leo F. Frommelt Clerk Subscribed and sworn to before me this 1st day of August, 1966. Eugene J. Berens Notary Public Mayor Pregler moved that the communication be received and made a matter of record. Second- ed by Councilman Ludwig. Carried by the following vote: Yeas — Mayor Pregler, Co cilmen Ludwig, McCauley, Pfohl, Schultz. Nays—None. port; 3. Secure additional clear zone easements; 4. Construct and erect necessary drainage facilities; and WHEREAS, the Airport Commis- sion of the City of Dubuque, Iowa based upon such study has deter- mined and does hereby determine that the estimated cost of the im- provements above specified is in the amount of $175,000.00; and WHEREAS, the Airport Commis- sion of the City of Dubuque, Iowa considers that the financing of the cost of such improvements should be made issuance of general obli- gation bonds; and WHEREAS, the City Council of the City of Dubuque, Iowa, should be petitioned and requested that it issue general obligation bonds in the principal amount of $175,000.00 to pay for the cost of the above mentioned improvements. Now Therefore Be It Resolved by the Airport Commission of the City of Dubuque, Iowa: Section 1. That the City COun- cil consider the need for the im- provement of the Dubuque Mu - 298 Regular Session, August 1, 19% nicipal Airport in the following particulars, to wit: 1. Extend existing runway an additional g00 feet and ex- tend taxiway; 2. Construct additional lighting facilities and remodel exist - lighting system; 3. Secure additional clear zone easements; 4. Erect and construct neces- sary drainage facilities there- at; and that the City Council of the City of Dubuque, Iowa, approve such proposed improvements and that the City Council of City of Dubuque, Iowa, approve the issu- ance of general obligation bonds in the principal amount of $175,000.00 to pay for the cost of said improvements, and that the City Council of the City of Du- buque, Iowa, initiate the necessary proceedings for the approval of the proposed improvements and initiate immediately the necessary proceedings for the issuance by the City Council of the City of Du- buque, Iowa of general obligation bonds in the amount of $175,000.00. Passed, adopted and approved this 22nd day of July, A.D., 1966. Les Harney Chairman F. R. Woodward V. J. Grice L. L. Peterson Wm. Clemens Jr. Attest: Jeff Molid Airport Manager Attest: Wm. Clemens Jr. Secretary Councilman McCauley moved ap- proval of the resolution and same be made a matter of record. Sec- onded by Councilman Ludwig. Carried by the following vote: Yeas — Mayor Pregler, Coun- cilmen Ludwig, McCauley, Pfohl, Schultz. Nays—None. RESOLUTION NO. 20566 Preliminary Estimate and ap- proval of proposed plans, specifica- tions, form of contract, and all other documents for the extension of runway 13/31 from 5600' to 6500' and extending taxiway and appur, tenances with Concrete Paving at Dubuque Airport, at an estimated post of $354,110., presented and read. Councilman Schultz moved adop- tion of the resolution. Seconded by Mayor Pregler. Carried by the fol- lowing vote: Yeas — Mayor Pregler, Council- men Ludwig, McCauley, Pfohl, Schultz. Nays—None. RESOLUTION NO. 206-66 RESOLUTION providing for a notice of hearing on proposed plans, specifications and form of contract for the extension, light- ing and drainage bf Runway 13/ 13 and Taxiway; and the secur- ing of additional clear zone ease- ments at the Dubuque Municipal Airport in Dubuque County, Iowa and for the City of Dubuque, Iowa. WHEREAS the City of Dubuque has heretofore established the Du- buque Municipal Airport in Du- buque County, Iowa; and WHEREAS in the City of Dubu- que, Iowa there has heretofore been created the Dubuque Airport Commission vested with the man- agement, operations and control of the Dubuque Municipal Airport; and WHEREAS said Airport Commis- sion of the City of Dubuque, Iowa as a result of studies has deter- mined and established that the extension, lighting and drainage of Runway 13/13 and the Taxiway and the securing of additional clear zone easements must be undertak- en at the Dubuque Municipal Air- port at the earliest possible time; and WHEREAS the Airport Commis- sion of the City of Dubuque, Iowa based upon such study has deter- mined that the estimated cost of the above specified improvements is in the amount of $354,110.00, of which cost the portion to be paid by the City of Dubuque is estimat- ed to be in the amount of $175,000.- 00; and WHEREAS it is necessary to fix a time and place of hearing on said proposed plans, specifications and form of contract and to give notice thereof; NOW, THEREFORE, Be It and It is Hereby Resolved by the City Council of the City of Dubuque, Iowa, as follows: Regular Session, August 1, 1966 297 Section 1. That the plans, spec- ifications and form of contract referred to in the preamble here- of be and the same are hereby adopted, subject to notice and hearing hereinafter provided, and the 23rd day of August, 1966 at 7:30 o'clock P.M., Daylight Savings Time, at the Council Chambers in the City Hall, in the City of Du- buque, Iowa, is hereby fixed as the time and place of hearing on said proposed plans, specifications and form of contract for construct- ing the extension, lighting and drainage of Runway 13/13 and Taxiway and the purchase of clear zone easements. Section 2. That the City Clerk is hereby authorized and directed to give notice of hearing on said pro- posed plans, specifications and form of contract by publication of such notice at least once not less than ten (10) days prior to the date fixed for said hearing in the "Telegraph Herald," a newspaper published in the City of Dubuque, Iowa, and having a general circu- lation in said City. Said notice shall be in substantially the following form: Notice of Public Hearing on Pro- posed plans and specifications and proposed form of contract covering extension, lighting and drainage of runway 13/13 and taxiway and the securing of ad- ditonal clear zone easements at the Dubuque Municipal Airport in Dubuque County for the City of Dubuque, Iowa. PUBLIC NOTICE is hereby giv- en that the City Council of the City of Dubuque, Iowa, will meet on the 23rd day of August, 1966, at the Council Chambers in the City Hall, Dubuque, Iowa at 7:30 o'clock P.M., Daylight Savings Time for the purpose of conducting a public hearing on the proposed plans, specifications and form of contract for the extension, lighting and drainage of Runway 13/13 and Taxiway and purchase of clear zone easements located at the Dubuque Municipal Airport, Du- buque County, Iowa. The proposed plans, specifications and form of contract have been prepared by Bartels, McMahan & LeMay Engi- neering Company and are now on file in the office of the City Clerk in the City Hall, Dubuque, Iowa. The project consists generally of: 1.) Extending Runway 13/13 900 feet. 2.) Extending Taxiway 1,3M) feet. 3.) Constructing additional lights and remodeling existing lights along the Runway and Taxi- way Extensions, 4.) Constructing necessary drain- age facilities along Runway and Taxiway Extensions. 5.) Securing additional c l e a r zone easements. At such hearing, and interested person may appear and file objec. tions to the proposed plans, spec. ifications and form of contract or the cost of such improvements. By order of the City Council August 1, 1966. Leo F. Frommelt, City Clerk Section 3. That all resolutions or parts thereof in conflict herewith be and the same are hereby repeal- ed, and this resolution shall be effective forthwith upon its pas- sage and approval. Passed, adopted and approved this 1st day of August, 1966. Walter A. Pregler, Mayor Richard Ludwig Eldon A. Pfohl M. Sylvester McCauley Merlin F. Schultz Councilmen Attest: Leo F. Frommelt, City Clerk Mayor Pregler moved adoption of the resolution. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Mayor Pregler, Council- men Ludwig, McCauley, Pfohl, Schultz. Nays—None. RESOLUTION NO. 207-66 RESOLUTION to fix a date of meeting at which it is proposed to take action for the issuance of $175,000 Airport Bonds. WHEREAS pursuant to an elec- tion held on August 14, 1950, the City of Dubuque, Iowa, has here- tofore established a municipal air- port under the provisions of the law as now contained in Chapter 330 of the Code of Iowa, 1962, and it is necessary and for the best in. terests of said City of Dubuque 2,gg Regular Session, August 1, 1966 that said airport be improved and that Airport Bonds of said City be issued at this time in the prin. cipal amount of $175,000 for the purpose of paying the cost, to that amount, of said improvements; and WHEREAS said City has hereto- fore created an Airport Commis- sion for the management and con- trol of the municipal airport as permitted and provided for by the law as now contained in Sections 330.17 et seq. of the Code of Iowa, 1962, and said Airport Commission has adopted a resolution reciting the necessity for improving the municipal airport and requesting this Council to proceed with the advertisement, sale and issuance of $175,000 Airport Bonds of said City to pay the cost of such improve- ments and a certified copy of said resolution has been filed with the City Clerk and presented to this Council for appropriate action; and WHEREAS it is first required that notice and hearing on the is- suance of such bonds be given in the manner, form and time pre- scribed by Chapters 23 and 408A of the Code of Iowa, 1962; NOW, THEREFORE, Be It Re- solved by the City Council of the City of Dubuque, Iowa, as follows: Section. 1. That this City Coun- cil meet at the Council Chambers in the City Hall within said City on the 23rd day of August, 1966, at 7:30 o'clock P.M., Central Day- light Savings Time, at which time and place proceedings will be in- stituted and action taken for the issuance of $175,000 Airport Bonds for the purpose set out in the pre- amble hereof. Section 2. The City Clerk is hereby directed to give notice of proposed action for the issuance of said Airport Bonds, setting forth the amount and purpose thereof, together with the maxi- mum rate of interest which said bonds are to bear, and the time when and place where said meet. ing will be held, by publication at least once for at least fifteen (15) days before said meeting, in the "The Telegraph Herald," a newspaper published in said City and having a general circulation therein. Said notice shall be in substantially the following form; NOTICE OF MEETING FOR ISSUANCE OF AIRPORT BONDS PUBLIC NOTICE IS HEREBY GIVEN pursuant to Sections 23.12 and 408A.1 of the Code of Iowa, 1962, that the City Council of the City of Dubuque, Iowa, will meet on the 23rd day of August, 1966, at the Council Chambers in the City Hall, Dubuque, Iowa, at 7:30 o'clock P.M., Central Daylight Sav- ings Time, for the purpose of in- stituting proceedings and taking action for the Issuance of $175,000 Airport Bonds of said City, bearing interest at a rate or rates not ex- ceeding five per cent (5%) per an- num, for the purpose of paying the cost, to that amount, of im- proving the municipal airport of said City. At any time before the date of said meeting petitions objecting to the issuance of said bonds or asking that the question of issuing bonds be submitted to the legal voters of said City may be filed with the City Clerk of said City pursuant to the provisions of Sec- tions 23.13, 330.16 or 408A.2 of the Code of Iowa, 1962. By order of the City Council Au- gust 1, 1966. Leo F. Frommelt City Clerk Section 3. That all resolutions or parts thereof in conflict herewith be and the same are hereby re- pealed, and this resolution shall be effective forthwith upon its passage and approval. Passed and approved August 1, 1966. Walter A. Pregler Mayor Attest: Leo F. Frommelt City Clerk Councilman Ludwig moved adop- tion of the resolution. Seconded by Councilman Pfohl. Carried by the following vote: Yeas — Mayor Pregler, Coun- cilmen Ludwig, McCauley, Pfohl, Schultz. Nays—None. RESOLUTION NO. 20866 WHEREAS, In 1785 Julien Du• buque, explorer, trader and miner, settled upon the west shore of the Mississippi River, hard by that point where joins the present Regular Session, August 1, 1966 299 boundaries of Illinois, Wisconsin and Iowa; and WHEREAS, To 1810 Julien Du- buque did live his life in the place, and the weight and actions of the man were such that those who came after him called the village Dubuque; and WHEREAS, In passing time, earth features, the River and men have given stamp and timbre to the City of Dubuque, Iowa, which is to say; "A City of farm, forest, river and manufacturing trade, a place of passage from river to hinterland, a place of constancy and work, of limestone hills and channeled val- leys, of colleges and learning, a place of deep religiousness and un- trammeled liveability;" and WHEREAS, At Pascagoula, Mis- sissippi there is being constructed an Amphibious Transport Dock Ship by the Ingalls Shipbuilding Corporation for the United States Navy; and WHEREAS, On the 8th day of August 1966 said ship will be launched and christened the U.S.S. DUBUQUE; NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA AS FOLLOWS: Section 1. That the best wishes of the officials and citizens of the City of Dubuque, Iowa will be spread upon the U.S.S. DUBUQUE. Section 2. That there shall be Impressed upon the U.S.S. DUBU- QUE from keel to top mast the implications of her good name, constancy, work, courage and stead- fastness. Section 3. That whenever and as long as the turbines of the US.S. DUBUQUE shall turn they shall pulse throughout the ship the good name Dubuque and convey God's blessing to the officers and men that ride in her. Section 4. That the City Clerk shall transcribe and certify a true copy of this Resolution which th( Mayor of the City will give to the Officials of the Ingalls Shipbuild Ing Corporation in trust for thi officers and crew of the U.S.S DUBUQUE. Passed and approved August 1, 1966, Walter A. Pregler, Mayor Richard Ludwig Eldon A. Pfohl M. Sylvester McCauley Merlin F. Schultz Councilmen Attest: Leo F. Frommelt, City Clerk Councilman Pfohl moved the adoption of the resolution. Second. ed by Councilman Schultz. Carried by the following vote: Yeas — Mayor Pregler, Council- men Ludwig, McCauley, Pfohl, Schultz. Nays—None. RESOLUTION NO. 20966 BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the following having complied with the provisions of law relating to the sale of Cigar- ettes within the City of Dubuque, Iowa, be granted a permit to sell Cigarettes and Cigarette Papers within said City. Nam* Address Mrs. A. J. (Marita) Trapp, 1266 Central Avenue Leo Frank Finzel, 405 East 21st Street Robert Beidler, 1122 Dodge Street Mrs. Betty Stotlar, 1487 Central Avenue BE IT FURTHER RESOLVED that the bonds filed with the appli- cation be approved. Passed, adopted and approved this 1st day of August, 1966. Walter A. Pregler, Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Richard Ludwig Councilmen Attest: Leo F. Frommelt, City Clerk Councilman Ludwig moved adop- tion of the resolution. Seconded by Councilman McCauley. Carried by the following vote: Yeas — Mayor Pregler, Council- men Ludwig, McCauley, Pfohl, Schultz. Nays—None. 300 Regular Session, August 1, 1966 RESOLUTION NO. 21066 WHEREAS, applications for Beer Permits have been submitted to this Council for approval and the same have been examined: NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the following applica- tions be granted and licenses be issued upon the compliance with the terms of the ordinances of the City. CLASS "B" BEER PERMIT Frederick Louis Marburger, 1598 Elm Street Ramona Fettgather, 1103 Iowa Street Creslanes Bowling, Inc., 255 South Main Street Albert J. Ney, 1842 Central Ave- nue Mrs. Elizabeth Stotlar, 1487 Cen- tral Avenue Passed, adopted and approved this 1st day of August, 1966. Walter A. Pregler Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Richard Ludwig Councilmen Attest: Leo F. Frommelt City Clerk Mayor Pregler moved adoption of the resolution. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Mayor Pregler, Coun- cilmen Ludwig, McCauley, Pfohl, Schultz. Nays—None. RESOLUTION NO. 21166 WHEREAS, applications for Beer Permits were filed by the within named applicants and they have received the approval of this Council; and WHEREAS, the premises to be occupied by such applicants were inspected and found to comply with the ordinances of this City and they have filed proper bonds: NOW THEREFORE, BE IT RE. SOLVED by the City Council of the City of Dubuque, Iowa, that the Manager be and he is hereby di- rected to issue to the following named applicants a Beer Permit. Name Address CLASS "B" BEER PERMIT Frederick Louis Marburger, 1598 Elm Street Ramona Fettgather, 1103 Iowa Street Creslanes Bowling, Inc., 255 South Main Street Albert J. Ney, 1842 Central Avenue Mrs. Elizabeth Stotlar, 1487 Central Avenue BE IT FURTHER RESOLVED that the bonds filed by such ap. plicants be and they are hereby approved. Passed, adopted and approved this 1st day of August, 1966. Walter A. Pregler, Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Richard Ludwig Councilmen Attest: Leo F. Frommelt, City Clerk Councilman Schultz moved adop- tion of the resolution. Seconded by Mayor Pregler. Carried by the following vote: Yeas — Mayor Pregler, Council- men, Ludwig, McCauley, Pfohl, Schultz. Nays—None. RESOLUTION NO. 21266 WHEREAS, applications for Liq- uor Permits have been submitted to this Council for approval and the same have been examined, NOW THEREFORE BE IT RE- SOLVED, by the City Council of the City of Dubuque, Iowa, that the following applications be granted and licenses issued upon the compliance with the terms of the IOWA LIQUOR CONTROL ACT --CHAPTER 123—as amended by the 60th General Assembly, 1963. CLASS "C" COMMERCIAL ESTABLISHMENT Melvin A. Spiegelhalter, 102911z Main Street Pete S. Sfikas & Gust Karigan, 401405 Central Avenue Patricia A. Donath, 400 Iowa Street Marco Giunta (Effective August 8, 1966), 2022 Central Avenue Regular Session, August 1, 1986 301 Passed, adopted and approved this 1st day of August. 1966. Walter A. Pregler Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Richard Ludwig Councilmen Attest: Leo F. Frommelt, City Clerk Mayor Pregler moved adoption of the resolution. Seconded by Coun- cilman Schultz. Carried by the fol- lowing vote: Yeas — Mayor Pregler, Council- men, Ludwig, McCauley, Pfohl. Schultz. Nays—None. RESOLUTION NO. 213.66 WHEREAS, applications for Liq- uor Permits were filed by the with- in named applicants and they have received the approval of this Coun- cil, and WHEREAS, the premises to be occupied by such applicants were inspected and found to comply with the State Law and all City ordin. ances relevant thereto and they have filed proper bonds; NOW THEREFORE BE IT RE- SOLVED by the City Council of Dubuque, Iowa, that the Manager be authorized to cause to be is- sued to the following named appli- cants a Liquor Permit. Nam* Address CLASS "C" COMMERCIAL ESTABLISHMENT Melvin A. Spiegelhalter, W295z Main Street Pete S. Sfikas & Gust Karigan. 401- 405 Central Avenue Patricia A. Donath, 400 Iowa Street Marco Giunta (Effective August 8. 1966), 2022 Central Avenue Passed, adopted and approved this 1st day of August, 1966. Walter A. Pregler Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Richard Ludwig Councilmen Attest: Leo F. Frommelt, City Clerk Councilman Schultz moved adop- tion of the resolution. Seconded by Councilman McCauley. Carried by the following vote: Yeas — Mayor Pregler, Council- men Ludwig, McCauley, Pfohl, Schultz. Nays --None. Mayor Pregler read a proclama- tion from Harold E. Hughes, Gov- ernor of the State of Iowa entitled "Reverence for Life month .in Iowa" in the hope of helping to control the crimson plague of deaths and maimings on our streets and highways, especially during the month of August. Mayor Pregler moved to endorse the proclamattion of the Governor. Seconded by Councilman Pfohl. Carried by the following vote: Yeas — Mayor Pregler, Council- men Ludwig, McCauley, Pfohl, Schultz. Nays—None. There being no further business Councilman Ludwig moved to ad- journ. Seconded by Councilman Pfohl. Carried by the following vote: Yeas — Mayor Pregler, Council- men Ludwig, McCauley, Pfohl, Schultz. Nays—None. Leo F. Frommelt, City Clerk ApprovedN Q V e.mb..P.:r...7.....1966. Adopted November 7 1966. Councilmenr Atte.!;, .. ....... .. City Clerk At 302 Special Session, August 8, 1966 Board of Health OFFICIAL Special Session, August 8, 1966. Board met at 7:15 P.M. (D.S.T.) Present — Chairman Welter A. Pregler, Messrs. Richard Ludwig, M. Sylvester McCauley, Eldon A. Pfohl, Merlin F Schultz. City Man- ager Gilbert D. Chavenelle. Absent —Dr. Kenneth K. Hazlet. Notice of Appeal of Kenneth L. Norpel praying for a hearing rela- tive to a violation of the Housing Standard Code as to the raising and keeping of rabbits at 1601 Scenic View Drive, presented and read. Chairman Walter A. Pregler moved that a hearing be set on the appeal for August 22, 1966, at 7:15 P.M. in the Council Chamber at the City Hall. Seconded by Mr. M. Syl- vester McCauley. Carried by the following vote: Yeas — Chairman Walter A. Pregler, Messrs. Richard Ludwig, M. Sylvester McCauley, Eldon A. Pfohl, Merlin F. Schultz. Nays—None. There being no further business Mr. Richard Ludwig moved that the Board of Health meetin;; ad- journ. Seconded by Chairman Wal- ter A. Pregler. Carried by the fol- lowing vote: Yeas — Chairman Walter A. Pregler, Messrs. Richard Ludwig, M. Sylvester McCauley, Eldon A. Pfohl, Merlin F. Schultz. Nays—None. Leo F. Frommelt, Clerk Board of Health Approved N o V elnb e r 7..,., 1966 Nvember Adopted......o..........................7..., 1966p1 (Il Members Board of Health Attes . ....... . ............................. Clerk Board of Health Special Session, Auptst 8, j%. 6 CITY COUNCIL OFFICIAL Special Session, August 8, 1966. Council met at 7:30 P.M. (D.S.T.) Present — Mayor Pregler, Coun- cilmen Ludwig, McCauley, Pfohl, Schultz. City Manager Gilbert D. Chavenelle. Mayor Pregler read the call and stated that service thereof had been duly made and this meeting is called for the purpose of con- ducting a public hearing on the BUDGET ESTIMATE of expendi- tures for the year 1967 and acting upon such other business as may properly come before a regular meeting of the City Council. August 5, 1966 To the Honorable Mayor and City Council Gentlemen: I call to your attention the CF.th Annual Conference of the League of Iowa Municipalities to be i.eld in Des Moines, October 6 and 7. Would you be good enough to mark this date on your calendar. I will forward you conference and reservation information when it is received. Respectfully, Gilbert D. Chavenelle City Manager Councilman Ludwig moved that the communication be received and filed. Seconded by Mayor Preg'.er. Carried by the following vote: Yeas — Mayor Pregler, council- men Ludwig. McCauley, Pfibl, Schultz. Nays—None. August 5, 1966 To the Honorable Mayor and City Council Gentlemen: I request permission to attend the 52nd Annual Conference of the International City Manager's Association to be held in Phoenix, Arizona on October 23.27, 1966. 1 am attaching a letter of invita- tion dated June 13th which outlines an excellent and beneficial confer• ence program. Respectfully requested, Gilbert D. Chavenelle, City Manager Councilman McCauley moved that the request be approved. See- 303 onded by Councilman Schultz. Car- ried by the following vote: Yeas — Mayor Pregler, Council. men Ludwig, McCauley, Pfohl, Schultz. Nays—None. August 2, 1966 To the honorable Mayor and City Council Gentlemen: I am returning to you the peti- tion for the improvement of Far. ragut Street. I report to you that the City Engineer has inspected the area and I have sent. a copy of the peti- tion to him with a request that the proposal be included and sub- mitted to you as a part of the 1967 Street Program. Several points should be noted about the proposal to improve Far- ragut Street: First, although the preservation of the area is indicated on the present flood control plans, the im- provement of Farragut Street should not be undertaken until the final flood control plans are available. I do not think that this requirement will in any way inter- fere with the progress of the pro- posal, since we expect the final control plans before the first of the year. Second, the sanitary sewer sys- tem of the area should be looked into and checked. The City Engi- neer will do this before the street improvement is undertaken. Respectfully submitted, Gilbert D. Chavenelle, City Manager Mayor Pregler moved that the communication be received and filed. Seconded by Councilman Lud- wig. Carried by the following vote: Yeas — Mayor Pregler, Council- men Ludwig, McCauley, Pfohl, Schultz. Nays—None. August 3, 1966 To the Honorable Mayor and City Council Gentlemen: At your meeting on July 18th you received a petition from Virgil and Mary Mihm requesting that the City sell to them Lot 5A and 6A of the C. A. Voelker Addition. The petition was referred to yourselves to review the grounds. On Tuesday, August 2nd, I talked to Mr. Donald J. Blong, 411 Lowell 304 Special Session, August 3, 1966 Street whose property also abuts the strip of City property which the Mihm's have requested to pur- chase. Mr. Blong also indicated a desire to purchase the plot. I have written to Mr, and Mrs. Mihm, Mr. Donald Blong and Mr. Kenneth Holm, the three abutters to the City property, requesting that they discuss the matter be- tween themselves and arrive at a mutual understanding. I also sug- gested to them that it would be un- likely that the City would go for- ward with the sale of the land without the mutual consent and agreement of the abutters. Gilbert D. Chavenelle, City Manager Mayor Pregler moved that the communication be received and filed. Seconded by Councilman Mc- Cauley. Carried by the following vote: Yeas — Mayor Pregler, Council- men Ludwig, McCauley, Pfohl, Schultz, Nays—None. August 3, 1966 To the Honorable Mayor and City Council Gentlemen: I am sending you a petition from Miss June Canevari for a Univer- sity of Dubuque Homecoming Parade on October 8th. Respectfully submitted. Gilbert D. Chavenelle, City Manager Councilman Pfohl moved that the petition be granted subject to approval of the Mayor and City Manager. Seconded by Councilman Ludwig, Carried by the following vote: Yeas — Mayor Pregler, Council- men Ludwig, McCauley, Pfohl, Schultz. Nays—None. August 1, 1966 To the honorable Mayor and Members of the City Council Gentlemen: Attached is a list of parcels of property within the City consisting of ten acres or more which would be eligible for taxation as agri- cultural land. Along with this list are the applications for exemption as filed and applied for by the property owners affected. These property owners have filed their applications in good Faith and stated that the land is being used for agricultural or horticultural purposes which would entitle them to exemption from Corporation taxes except IN mills for street purposes. This list will be filed with the County Auditor at the time the final budget is presented on or prior to August 15, 1966. It is recommended that a copy of the attached list be filed with the County Auditor and the City Clerk be instructed to certify same subject to approval of your honor- able body. Respectfully submitted, Gilbert D. Chavenelle, City Manager Councilman Ludwig moved that the recommendation of the City Manager be approved. Seconded by Mayor Pregler. Carried by the fol- lowing vote: Yeas — Mayor Pregler, Counci►- men Ludwig, McCauley, Pfohl, Schultz. Nays—None. Special Session, August 8, 1988 W5 BUDGET ESTIMATE AND RECORD OF FILING TOWN AND CITY ESTIMATE NOTICE—The City council of Dubuque of Dubuque County, Iowa, August 8, 1966, at 7:30 PM. (D.S.T.) at City Hall. will meet Taxpayers will be heard for or against the following estimate of expenditures for the rear beginning January 1, 1967. receipts and disbursements, both past and able ten he anticipated will bdeeaile ---- Iof 1 3 4 S 6 u �Q Expenditures WS For Year $Pi FUNDS mLL mn mgcm c FOE* E�m�= Eu`o oNAo „>c Aar For Year agh '`Lx v m a Nx L) �mE� 1%4 I 1965 WW We �c W :E Z I, - 0F 'D than taxation for Public Safety Fund. -- --- -- -- S150. of Agricultural Land Tax Revenue—Reduces total shown In above schedule as necessary In the Street Fund. Estimated Tsxes per S1,0D0.00 of assessed value 536.938. LEO F. FROMMELT City Clerk, 1 1. 7.16 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, Council- men Ludwig, McCauley, Pfohl, Schultz. Nays—None. Communication of Water Plant Operators requesting review of the pay schedule as set up in the 1967 budget, presented and read. Councilman Ludwig moved that the rules be suspended in order to let anyone present address the Council if they so desire. Seconded by Councilman McCauley. Carried by the following vote: Yeas — Mayor Pregler, Council- men Ludwig, McCauley, Pfohl, Schultz, Nays—None. Mr. Wm. Jungblut and Mr. James Cox, both water plant operators, requested that they be treated the same as other city employees. They left the impression that they are not being considered for as many step increases as the balance of city employees in the 1967 budget. Councilman Ludwig moved that the petition of the Water Plant Operators be denied and that the Department head, City Manager and the Council review the request at the first of the year. Seconded by Mayor Pregler. Carried by the following vote: Yeas — Mayor Pregler, Council- men Ludwig, McCauley. Nays — Councilmen P f o h 1, Schultz. August 8, 1986 Honorable Walter A. Pregler Mayor of Dubuque, and City Council Dear Mayor and City Council: The Chamber's Tax Study Sub - Committee, assigned the responsi- bility of reviewing the 1967 city budget, submits the following com- ments. We concur in giving general ap- proval of the overall city budget as presented. However, we wish to comment briefly on the $25,000.00 budgeted for the installation of new systems and processing equip- ment and the $25,000.00 allocated for an addition to City Hall to house such equipment. Based on experience of many Du- buque firms who are members of the Chamber, we believe it is a necessity that the city should con- duct a feasibility study by someone competent in this field to deter- mine what system changes are necessary and what type of equip. 308 Special Session, August 8, 1966 ment, if any, is needed. We believe that there are members of the Chamber and others in Dubuque who could help in the initial re. view. It does not seem advisable to the committee, with the pro. posed county -city building approxi- mately four years away, to spend $25,000.00 on an addition to City Hall to house accounting equip- ment. We feel the wage and salary plan submitted to the City Council should be very beneficial to the city in its employe relationship. We would like to thank the City Manager and his staff for the co- operation and assistance in review- ing the budget. It would have been very helpful to this committee to have had access to budget material during the early stages of prepara- tion so that the details might have been reviewed in depth. We realize that the task of preparing the city budget is a major one and the budget document has a great deal of information in it and appears to be well prepared. Respectfully submitted, Roger J. Rhomberg, President Dubuque Area Chamber of Commerce Roy G. Duff, Chairman Sub -Committee -City Budget Tax Study Committee Councilman Ludwig moved that the communication be received and filed. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Mayor Pregler, Council- men Ludwig, McCauley, Pfohl, Schultz. Nays—None. Some discussion arose as to the amount of $50,000 written into the 1967 budget for Data Processing equipment and building. Mr. Carl Heatcote who is familiar with data processing suggested that the City hire someone and study plans to be certain that we receive the proper type of equipment for our needs. Mr. Al Heitzman, City Treasurer, stressed the need of consolidation of operations within the framework of city government. Mr. Roy Duff, Chairman of the Chamber of Com- merce Tax study committee urged that a study be made as to what type of equipment is needed. Mayor Pregler moved that $50,- 000 be retained in the budget as a data processing account. Seconded by Councilman McCauley, The vote on the motion was as follows: Yeas — Mayor Pregler, Council- man McCauley. Nays — Councilmen Ludwig, Pfohl, Schultz. MOTION LOST. Councilman Ludwig moved that $25,000 be deleted from the Capital Improvement Account, as proposed in the 1967 budget. Seconded by Councilman Pfohl. Carried by the following vote: Yeas — Mayor Pregler, Council- men Ludwig, McCauley, Pfohl, Schultz. Nays—None. Councilman Pfohl moved that Department heads as such be given an increase of five per -cent (5%) over their 1966 salaries. Seconded by Councilman Schultz. The vote on the motion was as follows: Ye as — Councilmen P f o h 1, Schultz. Nays —Councilmen Ludwig, McCauley, Pregler. MOTION LOST. Mayor Pregler moved that De- partment heads receive an $800. per year increase from the City Manager on down, also delete the Assistant City Solicitor position, also increase the City Manager as- sistant post to a maximum of $8000. per year. There was no second to the motion and same was with- drawn. Mr. A. Kingsley, a member of the Park Board, spoke in behalf of the Park superintendent by re- questing that he be given $10,400 per year. Mr. Donald Bandy spoke in behalf of himself and all the members of his department by stat- ing that they all earn their money and requested that the salaries as suggested by the City Manager in the proposed 1967 budget remain as planned. Dr. Kenneth Hazlet stated that department heads are worth more money. Councilman McCauley moved that the City Manager's recom- mendation as they pertain to De- partment head salaries be accepted by the Council. Seconded by Coun- cilman Ludwig. Carried by the fol- lowing vote: Yeas — Mayor Pregler, Council- men Ludwig, McCauley, Schultz. Nays—Councilman Pfohl. Special Session, August 8, 19661 307 Mayor Pregler moved that the position of Assistant City Solicitor be deleted and increase the As- sistant City Manager's position to a maximum of $8000. per year. Sec- onded by Councilman McCauley. Carried by the following vote: Yeas — Mayor Pregler, Council- men Ludwig, McCauley, Pfohl. Schultz. Nays—None. Councilman Pfohl moved that provision should be made that the Public Safety Fund would receive $18,000 from the Parking Meter Fund. Seconded by Councilman Schultz. The vote on the motion was as follows: Yeas — Councilman Pfohl. Nays — Mayor Pregler, Council- men Ludwig, McCauley, Schultz. MOTION LOST. Mr. Vincent Kaiser, a member of the Dock Commission, addressed the Council iu support of the Dock Commission's request in the 1967 budget for a water line to cross over at the 16th bridge street. COUNCIL RECESSED AT 10:30 P.M. RECONVENED AT 10:40 P.M. and adopted and the Mayor and Clerk are directed to certify the same to the County Auditor of Du- buque County, Iowa, together with a verified proof of publication and the notice of hearing upon said Budget Estimate. Be It Further Resolved, that the taxes required to be collected in the year be and the same are here- by levied in the amounts of said Budget Estimate. Passed, adopted and approved this 8th day of August, 1966. Walter A. Pregler, Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Richard Ludwig Councilmen Attest: Leo F. Frommelt, City Clerk Councilman McCauley moved adoption of the resolution. Second- ed by Councilman Ludwig. Carried b;; the following vote: Yeas — Mayor Pregler, Council- men Ludwig, McCauley, Pfohl, Schultz. Nays—None. RESOLUTION NO. 21466 WHEREAS, the Council of the City of Dubuque, caused to be pre- pared and published as provided by law, the BUDGET ESTIMATE OF EXPENDITURES for the fiscal year beginning January 1, 1967 and ending December 31, 1967, and the hearing upon said Budget Esti- mate was fixed for the 8th day of August 1966, at 7:30 o'clock P.M. Daylight Savings Time in the Coun- cil Chamber at the City Hall; and WHEREAS, this being the time and place for said hearing, said BUDGET ESTIMATE was taken up for final consideration by the Coun- cil and all parties in interest have been given an opportunity to be heard for or against said Budget Estimate. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL FOR THE CITY OF DUBUQUE, IOWA: That the BUDGET ESTIMATE OF EXPENDITURES for the fiscal year beginning January 1, 1967 and ending December 31, 1967, hereto- fore prepared and published be and the same is hereby finally approved RESOLUTION NO. 215.66 A Resolution Establishing the Tax Levies for the Year 1966, the Taxes to be Collected in the Year 1967, and Used for Municipal Purpose of the City of Dubuque. BE IT RESOLVED by the City Council of the City of Dubuque, Iowa: That there be and there is here- by levied the taxes for Municipal purposes for the ensuing year of 1967 the following number of mills on the dollar of all taxable prop - trey within the corporate limits of said City. 3.054372 mills for General Fund. 1.791133 mills for Street Fund. 11.533992 mills for Public Safety Fund. 5.455021 mills for Sanitation Fund. 2.496103 mills for Municipal En- terprise Fund. 3.865969 mills for Recreation Fund. 1.363857 mills for Utilities Fund. .749826 mills for F i r e Pension Fund. 308 Special Session, August 8, 1966 1.015074 mills for F i r e Retire- ment Fund. .577789 mills for Police Pension Fund, .734390 mills for Police Retire- ment Fund. .579493 mills for Federal Social Security. .382300 mills for Iowa Public Retirement. 3.030214 mills for Debt Service Fund. 36.629533 mills Total. BE IT FURTHER RESOLVED that the 1.25 mills on the dollar is hereby levied upon all lots or tparcels of land containing ten acres or more which are occupied in good faith and used for agri- cultural of horticultural purposes. BE IT FURTHER RESOLVED that the Mayor and Clerk be and they are hereby directed to certify the sums of money that the said tax levies will produce as shown by the Budget Fstimate of Expen- ditures as adopted by this Council on the 8t.h day of August 1966 to the Auditor of Dubuque County on or before August 15, 1966. Passed, adopted and approved this 8th day of August 1966. Walter A. Pregler, Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Richard Ludwig Councilmen Attest: Leo F. Frommelt, City Clerk Mayor Pregler moved adoption of the resolution. Seconded by Councilman McCauley. Carried by the following vote: Yeas — Mayor Pregler, Council- men Ludwig, McCauley, Pfohl, Schultz. Nays—None. Petition of Schlueter Insurance. Agency requesting release of side- walk construction bond issued in behalf of Lester E. Feltes effective 8-16-66, presented and read. Mayor Pregler moved approval of the petition providing there are no outstanding claims. Seconded by Councilman Ludwig. Carried by the following vote: Yeas — Mayor Pregler, Council- men Ludwig, McCauley, Pfohl, Schultz. Nays—None, Petition of Susan A. Campbell et a] requesting rezoning of I.ot 2 of 1 of 1 of 4, Lot 2 of 4, Lot 3 of 4, I.ot 4 of 4, Lot 5 of 4 in Mrs. L. H. Langworthys Subdivision (on Lang- worthy between Hill & Alpine St.) from Two Family to Multiple Fam- ily Residential District Classifica- tion, presented and read. Council- man McCauley moved that the peti- tion be referred to the Planning & Zoning Commission for investiga- tion and report. Seconded by Coun- cilman Pfohl. Carried by the fol- lowing vote: Yeas — Mayor Pregler, Council- men Ludwig, McCauley, Pfohl, Schultz. Nays—None. Petition of D. A. V. Fighting Back Chapter No. 6 requesting permis- sion to conduct their annual For - ,get -Me -Not days September 9th and 10th, presented and read. Councilman Ludwig moved approv- al of the petition. Seconded by Mayor Pregler. Carried by the fol- lowing vote: Yeas — Mayor Pregler, Council- men Ludwig, McCauley, Pfohl, Schultz. Nays—None. Petition of Delbert Daugherty re- questing a refund of $75. on the unexpired portion of cigarette license No. 230, as he has discon- tinued business on August 5, 1966. Councilman Ludwig moved that the refund be granted and the Auditor instructed to issue proper warrant. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Mayor Pregler, Council- men Ludwig, McCauley, Pfohl, Schultz. Nays—None. Petition of Delbert Daugherty requesting a refund of $100. on the unexpired portion of Class B Beer Permit No. 41, as he has discontin- ued business on August 5, 1966, presented and read. Councilman Ludwig moved that the refund be granted and the Auditor be in- struct to issue proper warrant. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Mayor Pregler, Council- men Ludwig, McCauley, Pfohl, Schultz. Nays—None. Special Session, August 8, 1966 309 RESOLUTION NO. 216-66 BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the following having complied with the provisions of law relating to the sale of Cigar- ettes within the City of Dubuque, Fovea, be granted a permit to sell Cigarettes and Cigarette Papers within said City. Mann Address Frances Jones, 298 West 6th Street BE IT FURTHER RESOLVED that the bonds filed with the ap- plication be approved. Passed, adopted and approved this 81h day of August, 1966. Walter A. Pregler, Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Richard Ludwig Councilmen Attest: Leo F. Frommelt, (Sty Clerk Councilman Pfobl moved adop- tion of the resolution. Seconded by Mayor Pregler. Carried by the following vote: Yeas --- Mayor Pregler, Council- men Ludwig, McCauley, Pfohl, Schultz. Nays—None. RESOLUTION NO. 11766 WHEREAS, applications for Beer Permits have been submitted to this Council for approval and the same have been examined: NOW TIIEREFORE, BE 1T RESOLVED by the City Council of the City of Dubuque, Iowa, that the following applica- tions be granted and licenses be issued upon the compliance with the teams of the ordinances of the City. Name Address CLASS "B" BEER PERMIT PRIVATE CLUB Dubuque Post #6, The American Legion (Transfer from 290 West 4th St.), 880 Locust Street (4th Floor) CLASS "B" BEER PERMIT Michael I.. Pusateri, 1292 Main Street Frances Jones, 238 West 6th Street Passed, adopted and approved this 8th day of August. 1.966. Walter A. Pregler, Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Richard Ludwig Councilmen Attest: Leo F. Frommelt, City Clerk Mayor Pregler moved adoption of the resolution. Seconded by Coun- cilman Schultz. Carried by the fol- lowing vote: Yeas — Mayor Pregler, council- men Ludwig, McCauley, Pfohl, Schultz - Nays ---None. RESOLUTION NO. 218.66 WHEREAS, applications for Beer Permits were filed by the within named applicants and they have received the approval of this Coun. cil: and WHEREAS, the premises to be occupied by such applicants were inspected and found to comply with the ordinances of this City and they have filed proper bonds: NOW THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the Manager be and he is hereby di- rected to issue to the following named applicants a Beer Permit. CLASS "B" BEER PERMIT PRIVATE CLUB Dubuque Post i6, The American legion, 880 Locust Street (4th Flour) tTransfer from 290 West 41h Street) CLASS "B" BEER PERMIT Michael F. Pusateri, 1292 Main Street Frances Jones, 238 Nest 6th Street BE rr FURTHER RESOLVED that the bonds filed by such appli- cants be and the same are hereby approved. Passed, adopted and approved this 8th Day of August, 1966, Walter A. Pregler Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. 111fohl Richard Ludwig Councilmen At t est: Leo F. Frommelt City Clerk 310 Special Session, August 8, 1966 Councilman Schultz moved adop. tion of the resolution. Seconded by Councilman McCauley. Carried by the following vote: Yeas — Mayor Pregler, Coun- cilmen Ludwig, Mecluley, Pfohl, Schultz. Nays—None. RESOLUTION NO. 219.66 WHEREAS, applications for Liq. uor Permits have been submitted to this Council for approval and the same have been examined. NOW THEREFORE BE IT RE- SOLVED, by the City Council of the City of Dubuque, Iowa, that the following applications be granted and licenses issued upon the compliance with the terms of the IOWA LIQUOR CONTROL ACT—CHAPTER 123 --as amended by the 60th General Assembly, 1963. CLASS "C" COMMERCIAL ESTABLISHMENT Frances Jones, 238 West 6th Street Passed, adopted and approved this 8th day of August, 1966. Walter A. Pregler Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Richard Ludwig Councilmen Attest: Leo F. Frommelt City Clerk Mayor Pregler moved adoption of the resolution. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Mayor Pregler, Coun- cilmen Ludwig, McCauley, Pfohl, Schultz. Nays—None. RESOLUTION NO. 220.66 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 premise to be oc- cupied by such applicants were in. spected and found to comply with the State Law and all City ordin- ances relevant thereto and they have filed proper bonds; NOW THEREFORE BE IT RE SOLVED by the City Council of Dubuque, Iowa, that the Manager be authorized to cause to be is ;ued to the following named appli. ,ants a Liquor Permit. Name Address CLASS "C" COMMERCIAL ESTABLISHMENT Frances Jones, 238 West 6th Street Passed, adopted and approved this 8th day of August, 1966. Walter A. Pregler Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Richard Ludwig Councilmen Attest: Leo F. Frommelt, City Clerk Councilman Ludwig moved adop- tion of the resolution. Seconded by Councilman Pfohl. Carried by the following vote: Yeas — Mayor Pregler, Council- men Ludwig, McCauley, Pfohl, Schultz. Nays—None. Patrolman Thos. Rettenmeier thanked the Council for the wage increase given to the members of the Police Department as consid- ered in the 1967 budget. There being no further business Mayor Pregler moved to adjourn. Seconded by Councilman McCauley. Carried by the following vote: Yeas — Mayor Pregler, Council- men Ludwig, McCauley, Pfohl, Schultz. Nays—None. Leo F. Frommelt, City Clerk Approved N.ovember..... 7,,,,1966 ................ Adopted ... NOvember 7.... 1966 .............. Councilmen: . ...' (J Att............................................. City Clerk 11 Special Session, Aiigtist 11, 1966 311 PITY COUNCIL OFFICIAL Special Session, August 11, 1966. Council met at 5:00 P.M. (D.S.T.) Present — Mayor Pregler, Councilmen McCauley, Pfohl, Schultz. Absent Councilman Ludwig, City Manager Gilbert D. Chave- nel le. 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 ,,concurring in action taken to call a special election on a public building bond proposition," and acting upon such other business as may properly come before a regu- lar meeting of the City Council. RESOLUTION NO. 221.66 RESOLUTION concurring in ac- tion taken to call a special elec- tion on a public building bond proposition. WHEREAS the County -City of Dubuque Authority has heretofore been duly incorporated in the man- ner prescribed by Chapter 231 of the Laws of the Sixtieth General Assembly of the State of Iowa and under the provisions of said law. said Authority proposes that a cite be acquired and improved in the area bounded by Fourth and Fifth Streets and Locust and Iowa Streets in the City of Duhug1te, Iowa. and that a new public build!ng be constructed, furnished and equip. ped on said site, to be owned and operated by said Authority .,nd leased to the City of Dubuque, Iowa, and the County of Dubuque, Iowa, for their joint use, to provide a jail, court rooms and office space adequate to house the activities cf the city and county officials and other employees; and WHEREAS the estimated cost of this project is $9,500,000 and in order to pay said cost it is neces- sary that the County -City of Du- buque Authority issue its revenue bonds in that amount, said bonds to be paid solely and only out of the revenues to be derived from the leasing of said building to the City and the County, all as author. ized and provided for by Chapter 239 of the Laws of the Sixtieth General Assembly, but under the terms of Section I2 of said Chapter 239 the proposition of issuing said bonds must first be submitted to and approved by the voters: and WHEREAS pursuant to resolu- tions adopted by the Board of Com- missioners of the County -City of Dubuque Authority and by the Board of Supervisors of Dubuque County, Iowa, a special election has been called and ordered to Le held on the 20th day of September, 1966, at which there has been ordered submitted to the voters of the City of Dubuque and Du- buque County, Iowa, the following proposition, to -wit: Shall the County -City of Du- buque Authority issue and sell its revenue bonds in the prir-- cipal amount of Nine Million Five Hundred Thousand Dol:arS t$9,500,000) for the purpose of acquiring and improving a site in the City of Dubuque. Iowa, and acquiring, constructing, fur- nishing and equipping a publi^ building thereon to be owned and operated by said Authority and leased to the City of Du- buque, Iowa, and the County of Dubuque, Iowa, for their joint use, the principal of said bonds and the interest thereon to be paid solely and only out of the revenues to be derived from the leasing of said building to said City and said County? and certified copies of the resolu. tions adopted by these respective Boards have been filed with the City Clerk and presented to and reviewed by this City Council; NOW, THEREFORE, BE IT RE SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, AS FOLLOWS: Section 1. That the City Council of the City of Dubuque, Iowa, here- by concurs in the action taken by the Board of Commissioners of the County -City of Dubuque A.tthority and by the Board of Supervisors of Dubuque County, Iowa, for the pur- pose of calling the aforesai,i spec- ial election, and concurs in all such further action as may need to be 312 Special Session, August .11, 1688 taken to properly conduct said eiect.ion. Section 2. That all resolutions or parts of resolutions in conflict herewith be and the ,?me are hereby repealed. Section 3. That this resolution be in force and effect immediately upon the passage and approval Passed and approved August 11, 1966. Walter A. Pregler, Mayor (SEAL) Aittest: Leo F. Frommelt, City Clerk Recorded August 11, 1966. Leo F. Frommelt, City Clerk Councilman McCauley moved adoption of the resolution. Sec >nd- ed by Mayor Pregler. Carried by the following vote: Yeas — Mayor Pregler, CounLil- men McCauley, Pfohl, Schultz. Nays—None. Absent—Councilman Ludwig. Petition of Curtis -Straub Co. re- questing permission to excavate in the alley between Main and Lo- cust, between 7th & 8th Street, presented and read. Mayor Pregler moved that the petition be ap- proved. Seconded by Councilman McCauley. Carried by the follow- ing vote: Yeas — Mayor Pregler, Com. cilmen McCauley, Pfohl, Schultz. Nays—None. Absent—Councilman Ludwig. There being no further business Mayor Pregler moved to adjourn. Sf-"nded by Councilman Pfohl. Carried by the following vote: Yeas — Mayor Pregler, Coun- cilmen McCauley, Pfohl, SchultL Nays—None. Absent—councilman Ludwig. Leo F. Frommelt City Clerk Approved Adopted... NOVember......... 7 1896 ...................... I � Councilmen 1a,.... ....... ..... a... 76 ..Clerk Special Session, August 15, 1966 313 CITY COUNCIL hind 2355-2337 Roosevelt Street. 1 am also returning a petition against the opening of the alley. OFFICIAL No portion of this alley section Special Session, August 15, is presently being maintained by 1966. the City or is the area being used Council met at 7:30 P.M. as an alley. (D.S.T.) The Engineering Department has Present — Mayor Pregler, surveyed the area and has located Councilmen Ludwig, Pfohl, and inventoried all encroachments. Schultz. City Manager Gilbert D. I am enclosing the engineering Chavenelle. data, inventory and sketch of the Absent — Councilman McCau• area. I have interviewed all petition- ers. I believe the following state- ments are substantially correct. 1. All parties have encroached or do encroach on the alley. 2. The encroachments are not of a permanent nature except a por- tion of the wall and steps in front of Mr. Zogg's home. 3. Mr. Krause desires to have the alley opened so that he can sell his vacant land as building lots fronting on the alley. 4. The opening of the alley would cause considerable damage to the Zogg property. 5. There is no agreement between the abutters as to whether the platted ally should be opened or vacated. 6. The City has no interest in open- ing the alley. 7. The fronting of additional resi- dential buildings on the alley is undesirable. Under the circumstances of the situation, I recommend that the petition of Mr. Krause be denied. Respectfully, Gilbert D. Chavenelle, City Manager Mayor Pregler moved approval of the Manager's recommendation. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Mayor Pregler, Council- men Ludwig, Pfohl, Schultz. Nays—None. Absent—Councilman McCauley. August 15, 1966 To the Honorable Mayor and City Council Gentlemen: I herewith submit the reports of the City Auditor, City Treas- urer and the Water Works for the i month of July, 1966, as well as a list of claims and payrolls for ley. '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 City Manager's reports and recommen- dations to consider removal, repair or dismantling of various delapi- dated buildings and acting upon such other business as may prop- erly come before a regular meet- ing of the City Council. August 15, 1966 To the Honorable Mayor and City Council Gentlemen: I am returning to you the peti- tion for street lights in Knob Hill Subdivision. It is recommended that two street lights be installed, one lo- cated at the intersection of Knob Hill Drive and Oak Ridge Drive; and the second located on the easement between lots 5 and 6, Block 1. it is recommended that these lights be 20 foot pedestal type with anchor base mounted on 16"x 16"x4i,h" concrete base 3 inches above grade, and that the luminaire shall be 175 watt mercury vapor similar to G. E. light PMA -115. Respectfully submitted, Gilbert D. Chavenelle, City Manager Councilman Ludwig moved ap- proval of the Manager's recommen. dation. Seconded by Mayor Pregler. Carried by the following vote: Yeas — Mayor Pregler, Council- men Ludwig, Pfohl, Schultz. Nays—None. Absent—Councilman McCauley. August 15, 1966 To the Honorable Mayor and City Council Gentlemen: I am returning to you a petition for opening an alley running be 31.4 Special Session, August 15, 1966 which warrants were issued for the month of July, 1966. Respectfully, Gilbert D. Chavenelle City Manager Councilman Pfohl moved that the reports be received and filed. Seconded by Mayor Pregler. Car- ried by the following vote: Yeas — Mayor Pregler, Coun- cilmen Ludwig, Pfohl, Schultz. Nays—None. Absent—Councilman McCauley. Proof of Publication, certified to by the Publisher, of list of re- ceipts and claims for the month of July 1966, presented and read. Councilman Ludwig 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, Pfohl, Schultz. Nays—None. Absent—Councilman McCauley. August 15, 1966 To the Honorable Mayor and City Council Gentlemen: I am returning to you the peti- tion dated April 14th for the vaca- tion and sale of Decatur Street east of Garfield. I am also enclos- ing a plat of the area. About two years ago the Plan. ning and Zoning Commission, at the request of the City Manager, approved the vacation of Decatur Street east of Garfield; however, the proposal was not carried out because of objections by property holders in the area. During the past weeks we have investigated the closing of Decatur as requested in the April 14th pe. tition. The area has been :surveyed and platted. The property holder abutting to the south has indicated that he has no objection to the street vacation nor does he have any interest in purchasing a part of the vacated property. Under the circumstances, I rec. ommend that action be started to vacate the street, that a hearing be set and that the solicitor and the manager be authorized to ne. gotiate a sale of the property to the petitioner. Respectfully submitted, Gilbert D. Chavenelle City Manager Councilman Schultz moved that the recommendation of the Man- ager be approved. Seconded by Ma- yor Pregler. Carried by the fol- lowing vote: Yeas — Mayor Pregler, Coun- cilmen Ludwig, Pfohl, Schultz. Nays—None. Absent—Councilman McCauley. Notice of claim of Roger J. Zen- ner of 2005 N. Main Street, in the amount of $200. for sidewalks dam- aged during the reconstruction of curbing on North Main Street dur- ing the month of July 1966 by Thos. Flynn Coal Co., presented and read. Councilman Ludwig moved that the notice of claim be referred to the City Solicitor for investigation and report. Seconded by Mayor Pregler. Carried by the following vote: Yeas — Mayor Pregler, Council- men Ludwig, Pfohl, Schultz. Nays—None. Absent—Councilman McCauley. 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, Council- men Ludwig, Pfohl, Schultz. Nays—None, Absent—Councilman McCauley. Dir. Roger Zenner addressed the Council relative to his claim. It seems as though the damaged walk was once repaired but since then has begun to crack. Mr. Zen- ner wants the walk repaired cor- rectly. Notice of Suit of Irene B. Fran. sen in the amount of $7500. for personal injuries received in a fall on the sidewalk at the south- east corner of 12th and Central Avenue due to an accumulation of ice and snow, on February 9, 1966, presented and read. Council- man Ludwig moved that the notice of suit be referred to the City Solicitor for investigation and re- port. Seconded by Mayor Pregler. Carried by the following vote: Yeas—Mayor Pregler, Council- men Ludwig, Pfohl, Schultz. Nays—None. Absent—Councilman McCauley. Proof of Publication, certified to by the Publisher, of notice of pub- lic hearing to consider rezoning Special Session, August 15, 1966 315 of the west side of Central Avenuefamily. It was originally a vinegar from 24th Street to Diagonal Street works and then later on converted from Business District classifies -into a museum. During all those tion to Multiple Residence District years the property existed as com- Classification, presented and read. mercial property. If it were to be Councilman Pfohl moved that the rezoned now it would devaluate proof of publication be received the property. and filed. Seconded by Mayor Preg- Mr. Henry Herrmann addressed ler. Carried by the following vote: the Council by giving a solemn Yeas — Mayor Pregler, Council- pledge that if the area would re - men Ludwig, Pfohl, Schultz. main at its present zoning status Nays—None, they would not allow an undesir- Absent—Councilman McCauley. able enterprise to locate there. Petition of Mrs. Ida Biehl et al Mrs. LaVerne Meyers of 2447 (5 signers) residents of Division Central Avenue and Mrs. Ray Na - street requesting rezoning of the Bele of 2461 Central Avenue as - area from 24th street to Diagonal sured the Council that all the pe - street on the west side of Central titions for rezoning of the west Avenue to Multiple Housing, pre- side of Central from 24th to Diag- sented and read. Mayor Pregler onal street were from people liv- moved that the petition be received ing in the neighborhood. They also and filed. Seconded by Councilman stated that the area is comprised Schultz. Carried by the following of fine looking homes. The most vote: undesirable looking piece of prop - Yeas — Mayor Pregler, Council- erty in the neighborhood at the men Ludwig, Pfohl, Schultz. present time is the Herrmann Nays—None. property. Absent—Councilman McCauley. Attorney Hal Reynolds, as a rep - Petition of LaVerne H. Meyers et resentative of the Strandberg al (11 signers) residents on the property, advised the Council of west side of Central from 24th a presently existing proposal to re - Street to Diagonal Street request- zone the property downward, ing rezoning of the area to Multiple Strandberg people acquired ich is rather unique. e the he Housing, presented and read. May or Pregler moved that the petition property early in 1923 and it al - be received and filed. Seconded by ways has been zoned as commer- Councilman Schultz. Carried by the cial property. There never has following vote: been any prior adversary proceed - Yeas — Mayor Pregler, Council- ing. Why was the recommendation dwig, Pfohl, Schultz. made? What has changed the basis men Lu Nays None. of zoning in this area? Mr. Rey- Absent—Councilman McCauley. bolas forstated that there must be a Petition of Russell Sodawasser Mr. Owen Riley of the Planning et signers) residents othe & Zoning Commission stated that eastt side of Central Avenuee ee the Strandberg property has been tween 24th St. and Diagonal Street vacant for over two years• requesting that the west side of Central from 24th Street to Diag- Dir. Walter Strandberg of Ga- onal Street be rezoned to Mul- lena, Ill. stated that the garages tiple Housing, presented and read. to the rear of the property are ler moved that the peti presently being rented. Mayor Preg tion be received and filed. Second ed by Councilman Schultz. Carried ORDINANCE NO. 38.66 by the following vote: An Ordinance Amending and Yeas — Mayor Pregler, Council- Changing Ordinance No. 3.34 men Ludwig, Pfohl, Schultz. known as the Zoning Map and Nays—None. Zoning Ordinance of the City of Absent—Councilman McCauley. Dubuque so as to change certain Attorney Charles A. Kintzinger, property hereinafter described as a representative of the Herr- from "Business District Classifi- mann Estate, gave a detailed de- cation" to "Multiple Residence scription of the history of the Distirct" classification, (property property, owned by the Herrmann on the west side of Central Ave. 316 Special Session, August 15, 1966 from 24th Street to Diagonal Street) presented and read, for final adop- tion. Councilman Pfohl 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, Pfohl, Schultz. Nays—None. Absent—Councilman McCauley. Councilman Pfohl 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, Pfohl, Schultz. Nays—None. Absent—Councilman McCauley. IT ORDAINED OF CITY OF as "the' "Zoning Map end Zoning ce of the City of Dubuque be and e Is hereby amended by changing 11. mess District" Classification to Lots'l 2, 3, and 4 of Dunn's Subdivision In the Pity ;f Dubuque; The East 100 feet of the following de- scribed real estate: Lot 2 of Lot 1 o1 Lot 2 of Lot 1 of Lot 18, Lot 1 of Lot 1 of Lot 2 of Lot 1 of Lot 18, Lot 2 of Lot 16, Lot 3 of Lot 1 of Lot 16, Lot 2 of Lot 1 of Lot 16, Lot 2 of the East 1/7 of Lot 14, Lot 1 of Lot 1 of Lot 1 of the East 1/1 of Lot 14, the East V. of Lot 12, Northeast V4 of Lot 10 Southeast 1/4 of Lot 10. Northeast 1/4 oI Lot 8, Lot 1 of Lot of Lot I of Lot 11 In Wullwebers Subd vlsion In the City of Dubuque, Iowa. Passed, adopted and approved this 15th day of August A.4D. 1966' WALTER , PREGLER, Mayor MERLIN F. SCHULTZ ELDON A. PFOHL RICHARD LUDWIG Attest: Leo F. Frommelt Councilmen CIH Clerk Published officially In The Telegraph - Herald Newspaper this 19th day of August 1966. LEO F. FROMMELT it. 8/19 City Clerk Councilman Pfohl moved final adoption of the Ordinance. Second- ed by Councilman Ludwig. Carried by the following vote: Yeas — Mayor Pregler, Council- men Ludwig, Pfohl, Schultz. Nays—None. Absent—Councilman McCauley. August 9, 1966 City Council City of Dubuque, Iowa Gentlemen: This body has met and reviewed the requirements for expansion of the Thermolyne Corporation in Du- buque Industrial Park. Based on these land needs, the latter has applied for an additional 330.49 feet of frontage on Kerper Blvd. or approximately two acres. They are willing to accept the por- tion of Block 12 covering an 84 inch storm sewer, with easement remaining with the city, for the purpose of a roadway into the prop- erty, and parking area. This firm intends to begin im- mediate construction on a 21,600 square foot expansion of the pres- ent plant, thereby adding consider- ably to the tax base of the city. Employment, payroll and tax trends of Thermolyne have increas- ed roughly 15 per cent per year since the firm began operations over 20 years ago. After a thorough evaluation, and in keeping with the policy of coo- operation with existing Dubuque manufacturing firms, this body recommends the sale of this parcel of land to Thermolyne Corporation for their use in accordance with the land use and zoning provisions covering Dubuque Industrial Park, at a price of $3,500 per acre. We ask that this recommendation be given your earliest attention and action thereto. Respectfully submitted: Mayor's Industrial Committee Walter Pregler, Mayor Vincent J. Kaiser, Chairman, Dock Commission Robert E. Dorothy, Mgr. In- dustrial Bureau Councilman Ludwig moved that the offer be accepted and referred to the City Solicitor for proper pro- ceedings. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Mayor Pregler, Council- men Ludwig, Pfohl, Schultz. Nays—None. Absent—Councilman i1lcCauley. Special Session, August 15, 1966 317 Petition of Mrs. Ray Miehe et al requesting sanitary sewer service in Bies Drive and Kebbie Drive, presented and read. Mayor Preg- ler moved that the petition be re- ferred to the City Engineer for investigation and report. Second- ed by Councilman Pfohl. Carried by the following vote: Yeas — Mayor Pregler, Coun- cilmen Ludwig, Pfohl, Schultz. Nays—None. Absent—Councilman McCauley. Petition of Peoples Natural Gas requesting permission to excavate in the alley at Fourth Street, ap- proximately one-half block from Locust Street, presented and read. Councilman Schultz moved that the petition be approved. Seconded by Councilman Pfohl. Carried by the following vote: Yeas — Mayor Pregler, Coun- cilmen Ludwig, Pfohl, Schultz. Nays—None. Absent ---Councilman McCauley. Petition of Carris Construction Co. requesting street lights on the balance of Marywood Drive, Crissy Drive, and Rosewood Drive, pre- sented and read. Mayor Pregler moved that the petition be re- ferred to the City Manager and Electrical Inspector for investiga- tion and report. Seconded by Councilman Ludwig. Carried by the following vote: Yeas — Mayor Pregler, Coun- cilmen Ludwig, Pfohl, Schultz. Nays—None. Absent—Councilman McCauley. Petition of Mrs. Leo Manahl et al requesting sanitary sewer on the north side of Edith Street between Brunswick and Burden Streets, presented and read. Councilman Ludwig moved that the petition be referred to the City Engineer for investigation and report. Seconded by Mayor Pregler. Carried by the following vote: Yeas — Mayor Pregler, Coun- cilmen Ludwig, Pfohl, Schultz. Nays—None. Absent—Councilman McCauley. Petition of Ray Stuart of 1565 Fairfax Ave., requesting permis- sion to construct a retaining wall flush with the back of his side- walk, presented and read. Council- man Schultz moved that the peti- tion be referred to the City Engi- neer. Seconded by Councilman Ludwig. Carried by the following vote: Yeas — Mayor Pregler, Coun- cilmen Ludwig, Pfohl, Schultz. Nays—None. Absent—Councilman McCauley. RESOLUTION NO. 232-66 WHEREAS, a contract has been entered into by and between Mul- grew Blacktop, Inc. and the City of Dubuque, Iowa under date of June 21, 1966 for City of Dubuque 1966 hot mix -hot laid asphaltic concrete paving project No. 1 as described in the specifications and contract, for the amount of $250,362.05. WHEREAS, Mulgrew Blacktop, Inc. has filed with the Clerk of the City of Dubuque, Iowa an as- signment dated the 10th day of August, 1966 of the proceeds of said contract in favor of American Trust & Savings Bank, Dubuque, Iowa, and WHEREAS, Mulgrew Blacktop, Inc. desires an acceptance of this assignment by the City of Dubuque, Iowa. NOW THEREFORE, BE IT RE- SOLVED that said assignment be and the same is hereby accepted by the Council of the City of Dubuque, Iowa and the City Treasurer is hereby authorized and directed to pay to the American Trust & Sav- ings Bank, Dubuque, Iowa, all funds and securities now or here- after payable and accruing to said Mulgrew Blacktop, Inc. under the terms of said contract. I hereby certify that the above is a true and correct copy of a resolution passed by the City Coun- cil of Dubuque, Iowa at a special meeting held on the 15th day of August, 1966. Leo F. Frommelt, City Clerk MUNICIPAL ASSIGNMENT KNOW ALL MEN BY THESE PRESENTS: That Mulgrew Blacktop, Inc., Du- buque, Iowa holds a contract dated June 21, 1966 with the City of Du- buque, Iowa in the amount of $250,362.05 for City of Dubuque 1966 hot mix -hot laid asphaltic concrete paving project No. 1 in the City of Dubuque, Iowa. WHEREAS, Mulgrew Blacktop, Inc. has applied to the American Trust & Savings Bank, Dubuque, Iowa, for a loan of funds for use 316 Special Session, August 15, 1966 from 24th Street to Diagonal Street) presented and read, for final adop- tion. Councilman Pfohl 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, Pfohl, Schultz. Nays—None. Absent—Councilman McCauley. Councilman Pfohl 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, Pfohl, Schultz. Nays—None. Absent—Councilman McCauley. IT ORDAINED OF CITY OF Lots 1 2, 3, and 4 of Dunn's Subdivision In the 6ty of Dubuque; and The East 100 feet of the following de- LTEZR, Mayor Attest: Leo F. Frommelt Councilmen City Clerk Published officially In The Telegraph. Herald Newspaper this 19th day of August 1966, LEO F. FROMMELT it. 8/19 City Clerk Councilman Pfohl moved final adoption of the Ordinance. Second- ed by Councilman Ludwig. Carried by the following vote: Yeas — Mayor Pregler, Council- men Ludwig, Pfohl, Schultz. Nays—None. Absent—Councilman McCauley. August 9, 1986 City Council City of Dubuque, Iowa Gentlemen: This body has met and reviewed the requirements for expansion of the Thermolyne Corporation in Du- buque Industrial Park. Based on. these land needs, the latter has applied for an additional 330.49 feet of frontage on Kerper Blvd. or approximately two acres. They are willing to accept the por- tion of Block 12 covering an 84 inch storm sewer, with easement remaining with the city, for the purpose of a roadway into the prop- erty, and parking area. This firm intends to begin im- mediate construction on a 21,600 square foot expansion of the pres- ent plant, thereby adding consider- ably to the tax base of the city. Employment, payroll and tax trends of Thermolyne have increas- ed roughly 15 per cent per year since the firm began operations over 20 years ago. After a thorough evaluation, and in keeping with the policy of co- operation with existing Dubuque manufacturing firms, this body recommends the sale of this parcel of land to Thermolyne Corporation for their use in accordance with the land use and zoning provisions covering Dubuque Industrial Park, at a price of $3,500 per acre. We ask that this recommendation be given your earliest attention and action thereto. Respectfully submitted: Mayor's Industrial Committee Walter Pregler, Mayor Vincent J. Kaiser, Chairman, Dock Commission Robert E. Dorothy, Mgr. In- dustrial Bureau Councilman Ludwig moved that the offer be accepted and referred to the City Solicitor for proper pro- ceedings. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Mayor Pregler, Council- men Ludwig, Pfohl, Schultz. Nays—None. Absent—Councilman MCCaule7. Special Session, August 15, 1966 317 Petition of Mrs. Ray 'Belle et al requesting sanitary sewer service v in Wes Drive and Ke.bbie Drive, presented and read. Mayor Preg- c ler moved that the petition be re- ferred to the City Engineer for investigation and report. Second- ed by Councilman Pfohl. Carried by the following vote: Yeas — Mayor Pregler, Coun- cilmen Ludwig, Pfohl, Schultz. Nays—None. Absent—Councilman McCauley. Petition of Peoples Natural Gas requesting permission to excavate in the alley at Fourth Street, ap- proximately one-half block from Locust Street, presented and read. Councilman Schultz doSeconded that the petition be app by Councilman Pfohl. Carried by the following vote: Yeas — Mayor Pregler, Coun- cilmen Ludwig, Pfohl, Schultz. Nays—None. Absent --Councilman McCauley. Petition of Carris Construction Co. requesting street lights on the balance of Marywood Drive, Crissy Drive, and Rosewood Drive, pre- sented and read. Mayor Pregler moved that the petition be re- ferred to the City Manager and Electrical Inspector for investiga- tion and report. Seconded by Councilman Ludwig. Carried by the following vote: Yeas — Mayor Pregler, Coun- cilmen Ludwig, Pfohl, Schultz. Nays—None. Absent—Councilman McCauley. Petition of Mrs. Leo Manahl et al requesting sanitary sewer on the north side of Edith Street between Brunswick and Burden Streets, presented and read. Councilman Ludwig moved that the petition be referred to the City Engineer for investigation and report. Seconded by Mayor Pregler. Carried by the following vote: Yeas — Mayor Pregler, Coun- cilmen Ludwig, Pfohl, Schultz. Nays—None. Absent—Councilman McCauley. Petition of Ray Stuart of 156 Fairfax Ave., requesting permis sion to construct a retaining wal flush with the back of his side walk, presented and read. Council man Schultz moved that the yeti tion be referred to theCity Finai ngi neer. Seconded by Ludwig. Carried by the following ote: Yeas — Mayor Pregler, Coun- ilmen Ludwig, Pfohl, Schultz. Nays—None. Absent—Councilman McCauley. RESOLUTION NO. 23266 WHEREAS, a contract has been entered into by and between Mul- grew Blacktop, Inc. and the City of Dubuque, Iowa under date of June 21, 1966 for City of Dubuque 1966 hot mix -hot laid asphaltic concrete paving project Ato. 1 as described in the specifications and contract, for the amount of $250,362.05. WHEREAS, Mulgrew Blacktop, Inc. has filed with the Clerk of the City of Dubuque, Iowa an as- signment dated the 10th day of August. 1966 of the proceeds of said contract in favor of American Trust & Savings Bank, Dubuque, Iowa, and WHEREAS, Mulgrew Blacktop, Inc. desires an acceptance of this assignment by the City of Dubuque, Iowa. NOW THEREFORE, BE IT RE- SOLVED that said assignment be and the same is hereby accepted by the Council of the City of Dubuque, Iowa and the City Treasurer is hereby authorized and directed to pay to the American Trust & Sav- ings Bank, Dubuque, Iowa, all funds and securities now or here- after payable and accruing to said Mulgrew Blacktop, Inc. under the terms of said contract. I hereby certify that the above is a true and correct copy of a resolution passed by the City Coun. cil of Dubuque, Iowa at a special meeting held on the 15th day of August, 1966, Leo F. Frommelt, City Clerk MUNICIPAL ASSIGNMENT KNOW ALL MEN BY THESE PRESENTS: Inc., Du - That Mulgrew Blacktop, Du- buque Iowa holds a contract dated June 21, 1966 with the City of Du- buque, Iowa in the amount of 5 $251),362.05 for City of Dubuque 1966 hot mix -hot laid asphaltic 1 concrete paving project No. 1 in the City of Dubuque, Iowa. WHEREAS, Mulgrew Blacktop, Inc. has applied to the American Trust & Savings Bank, Dubuque, Iowa, for a loan of funds for use 318 Special Session, August 15, 1966 in connection with the said con. tract. NOW, THEREFORE, the under- signed Mulgrew- Blacktop, Inc. in consideration of funds advanced and as an inducement thereto and condition thereof, hereby assigns and transfers to the said American Trust & Savings Bank, Dubuque, Iowa, as collateral security for any advancements now or hereafter made, all sums and/or securities now or hereafter payable and ac- cruing to the said Mulgrew Black- top, Inc. under the terms of said contract and authorizes and directs the payment of the same direct by said City of Dubuque, Iowa to said American Trust & Savings Bank, Dubuque, Iowa. Dated this 10th day of August, 1966. Mulgrew Blacktop, Inc. By Thomas J. Mulgrew, V.Pres. State of Iowa i SS Dubuque County S On this 10th day of August, 1966 before me personally ap- peared Thomas J. Mulgrew, Vice President of Mulgrew Blacktop, Inc., to me known to be the person named in and who executed the foregoing instrument on behalf of Mulgrew Blacktop, Inc. and ac- knowledged that he executed the same as the voluntary act and deed of said corporation. That said cor- poration has no seal. Jeanette Permantier Notary Public in and for Dubuque County, Iowa RECEIPT Receipt of a duplicate original of the foregoing assignment in hereby acknowledged this 15th day of August and accepted as per resolution adopted by the City Council of Dubuque, Iowa the 151h day of August, 1966. Walter A. Pregler Mayor Attest: Leo F. Frommelt City Clerk Councilman Ludwig moved ap- proval of the assignment. Sec- onded by Councilman Pfohl. Car- ried by the following vote: Yeas — Mayor Pregler, Coun. cilmen Ludwig, Pfohl, Schultz. Nays—None. Absent—Councilman McCauley. Proof of Publication, certified to by the Publisher, of notice of pub- lic hearing to consider Manager's report on the condition of delapi- dated buildings at 64 Gandolfo streeet, being Lot 22 of O'Neill's subdivision No. 3, owned by James & Anita Kritz and Mr. Sam Pusa. teri, presented and read. No written objections were filed and no oral objectors were present in the Council Chamber at the time set for the hearing. Councilman Pfohl moved that the proof of publication be received and filed. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Mayor Pregler, Council- men Ludwig, Pfohl, Schultz. Nays—None. Absent—Councilman McCauley. Statement of City Clerk certify- ing that notices of public hearing were mailed by certified mail on July 26, 1966 to James & Anita Kritz and Sam Pusateri relative to delapidated buildings on 64 Gan- dolfo Street presented and read. Mayor Pregler moved that the statement be received and filed. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Mayor Pregler, Council- men Ludwig, Pfohl, Schultz. Nays—None. Absent—Councilman McCauley. August 2, 1966 Honorable Mayor and Members of City Council Gentlemen: It has been reported to me by the housing Inspector that the not- ice served upon Anita Kritz and Sam T. Pusateri regarding demoli- tion and removal of structure at 64 Gandolfo Street has been complied with. Therefor the violation in question has been corrected and no further action is necessary. Yours very truly, Gilbert D. Chavenelle, City Manager Councilman Pfohl moved that the recommendation of the Manager be approved. Seconded by Mayor Pregler. Carried by the following vote: Yeas — Mayor Pregler, Council- men Ludwig, Pfohl, Schultz. Nays—None. Absent—Councilman McCauley. Special Session, August 15, 1.966 319 Proof of Publication, certified to by the Publisher, of notice of pub- lic hearing to consider Manager's report on the condition of delapi- dated buildings at 350 Edith Street, being described as Lot 121 Bel- mont Addn., owned by Hilda Shire - man, presented and read. No writ- ten objections were filed and no oral objectors were present in the Council Chamber at the time set for the public hearing. Councilman Pfohl moved that the proof of pub- lication be received and filed. Sec- onded by Mayor Pregler. Carried by the following vote: Yeas —Mayor Pregler, Council- men Ludwig, Pfohl, Schultz. Nays—None. Absent—Councilman McCauley. Statement of City Clerk certify. ing that notice of public hearing was mailed by certified mail on July 26, 1966 to Hilda Shireman relative to delapidated buildings located at 350 Edith Street, present- ed and read. Councilman Schultz moved that the statement be re. ceived and filed. Seconded by Councilman Ludwig. Carried by the following vote: Yeas — Mayor Pregler, Council- men Ludwig, Pfohl, Schultz. Nays—None. Absent—Councilman McCauley. RESOLUTION NO. 222-66 WHEREAS the City Manager has reported to the City Council that the buildings and premises locate on Lot 121 Belmont Addn., owned by Hilda Shireman and known n 350 Edith Street in the City Iowa Dubuque, Dubuque County, are dangerous to life and health because of their condition an that demand has been made b him upon Ililda Shireman as ow er of said property that the co dition complained of be correcte and that said owner has failed t correct the conditions within th time provided by the notice; an WHEREAS on July 18, 1966, t City Council set said report dow for hearing at 7:30 o'clock P. Central Daylight Time August 1 1966, in the City Council Chamb in the City Hall in the City Dubuque, Dubuque County, low and directed the City Clerk to gl notice of said hearing; and. WHEREAS it appears by return of service now on file in the rec. ords of the City Council that. no. tice of said hearing was given by serving by Registered Mail on Hil- da Shireman at 698 Cleveland Ave. on July 26, 1966, and by pub- lication in the Telegraph Herald newspaper on July 25, 1966, and, WHEREAS, pursuant to said no- tice on order of the City Council a public hearing was held at 7:30 o'clock P.M. Central Daylight Time on August 15, 1966, in the City Council Chamber in the City Ball in the City of Dubuque, Iowa, at which time the owners of the above described real estate were afforded an opportunity to be he and witnesses concerning the condition of the property and the hazard was the and, WHEREAS the Council has duly considered the testimony of the witnesses and viewed the premises and has reached its determination. NOW, THEREFORE, Be It Re- solved by the City Council of the City of Dubuque, Iowa: Section 1. That the structures known as 350 Edith Street. located on Lot 121 Belmont Addn. in the City of Dubuque, Dubuque County, Iowa, be and the same are hereby found and declared to be danger- ous to life, health and property and a nuisance; Section 2. That the City Manager be and he is hereby authorized and directed to cause the structure d known as 350 Edith Street located on Lot 121 Belmont Addn. in the s City of Dubuque, Dubuque County, Of Iowa, to be dismantled and re- moved. Section 3. That upon completion d of said work, the City Manager y shall certify the cost thereof to the City Clerk. con Section 4. That upon receipt of o said certificate of cost from the e City Manager, the City Clerk shall d, thereupon certify said cost to the he County Auditor of Dubuque Coun- ty, Iowa, and it shall be collected With and in the same manner as M' general property taxes. 5, er Section 5. That the City Clerk be of and is hereby directed to record a, a certified copy of this Resolution ve in the office of the County Record- er of Dubuque County, 320 Special Session, August 15, 1966 Passed, adopted and approved this 15th day of August, 1966. Walter A. Pregler Mayor Merlin F. Schultz Eldon A. Pfohl Richard Ludwig Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pfuhl moved adop- tion of the resolution. Seconded by Mayor Pregler. Carried by the fol- lowing vote: Yeas — Mayor Pregler, Coun- cilmen Ludwig, Pfohl, Schultz. Nays—None. Absent—Councilman McCauley. Proof of Publication, certified to by the Publisher, of notice of pub- lic hearing to consider Manager's report on the delapidated build- ings at 827 White Street, being de- scribed as the South 25' of City Lot 325 in the City of Dubuque, owned by Ida Mundt, presented and read. Councilman Ludwig moved that the proof of publication be received and filed. Seconded by Councilman Pfohl. Carried by the following vote; Yeas — Mayor Pregler, Council- men Ludwig, Pfohl, Schultz. Nays — None. Absent — Councilman McCauley. No written objections were filed and no oral objectors were present in the Council Chamber at the time set for the public hearing. Statement of City Clerk certify- ing that notice of public hearing was mailed by certified mail on July 26, 1966 to Ida Mundt relative to delapidated buildings located at 827 White Street, presented and read. Councilman Pfohl moved that the statement was received and filed. Seconded by Councilman Ludwig. Carried by the following vote: Yeas — Mayor Pregler, Council- men Ludwig, Pfohl, Schultz. Nays—None. Absent—Councilman McCauley. RESOLUTION NO. 223.66 WHEREAS the City Manager has reported to the City Council that the buildings and premises located on S. 25' of City Lot 325, owned by Ida Mundt and known as 827 White Street in the City of Du- buque, Dubuque County, Iowa, are dangerous to life and health be- cause of their condition and that demand has been made by him upon Ida Mundt as owner of said property that the condition com- plained of be corrected and that said owner has failed to correct the conditions within the time provid- ed by the notice; and, WHEREAS on July 18, 1966, the City Council set said report down for hearing at 7:30 o'clock P.M. Central Daylight Time August 15, 1966, in the City Council Chamber in the City Hall in the City of Dubuque, Dubuque County, Iowa, and directed the City Clerk to give notice of said hearing; and, WIiEREAS it appears by return of service now on file in the rec- ords of the City Council that notice of said hearing was given by serv- ing by Registered Mail on Ida Mundt at 1555 Main St, on July 26, 1966, and by publication in the Telegraph Herald newspaper on July 25, 1966, and, WHEREAS pursuant to said not- ice on order of the City Council a public hearing was held at 7:30 o'clock P.M. Central Daylight Time on August 15, 1966, in the City Council Chamber in the City Hall in the City of Dubuque, Iowa, at which time the owners of the above described real estate were afforded an opportunity to be heard and witnesses concerning the condition of the property and the hazard was heard; and, WHEREAS the Council has duly considered the testimony of the witnesses and viewed the premises and has reached its determination. NOW, THEREFORE, BE 11' RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the structures known as 827 White Street located on S. 25' of City Lot 325 in the City of Dubuque, Dubuque County. Iowa, be and the same are hereby found and declared to be danger- ous to life, health and property and a nuisance; Section 2. That the City Manager be and he is hereby authorized and directed to cause the structure known as 827 White St. located on S. 25' of City Lot 325 in the City of Dubuque Dubuque County, Special Session, August 15, 1988 321 Iowa, to be dismantled and remov- ed. Section 3. That upon completion of said work, the City Manager shall certify the cost thereof to the City Clerk. Section 4. That upon receipt of said certificate of cost from the City Manager, the City Clerk shall thereupon certify said cost to the County Auditor of Dubuque Coun- ty, Iowa, and It shall be collected with and in the some manner as general property taxes. Section S. That the City Clerk be and is hereby directed to record a certified copy of this Resolution in the office of the County Record- er of Dubuque County, Iowa. Passed, adopted and approved this 15th day of August, 1966. Walter A. Pregler Mayor Merlin F. Schultz Eldon A. Pfohl Richard Ludwig Councilmen Attest: Leo F. Frommelt, City Clerk Councilman Schultz moved adop. tion of the resolution. Seconded by Councilman Pfohl. Carried by the following vote: Yeas — Mayor Pregler, Council- men Ludwig. Pfohl, Schultz. Nays—None. Absent — Councilman McCauley. August 12, 1966 To the Honorable Mayor and City Council Gentlemen: The Marmora Street - McPoland Street Storm Sewer 1966 has been completed in accordance with plans and specifications by Smitty's Ex- cavating Service of Dubuque, Iowa. I recommend that the improve- ment be accepted. Respectfully, Gilbert D. Chavenelle, City Manager Councilman Ludwig moved ap- proval of the Manager's recom- mendation. Seconded by Council- man Schultz. Carried by the fol- lowing vote: Yeas — Mayor Pregler, Council- men Ludwig, Pfohl, Schultz. Nays—None. Absent — Councilman McCauley. FINAL ESTIMATE RESOLUTION NO. 22466 WHEREAS, the contract for the construction of a forty-eight (48') R.C.C.P. Storm Sewer between Me Poland Street and Marmora Street beginning at the existing storm sewer in Lot 570 of Lenox Addi- tion thence northerly to the exist- ing storm sewer in Lot 543 of Lenox Addition has been complet- ed and the City Engineer has sub- mitted his final estimate showing the cost thereof including the cost of estimates, notices, inspection, and preparing the assessment and plat, now therefore, BE IT RESOLVED, by the City Council of the City of Dubuque, That the cost of said Improve- ment is hereby determined to be $9,758.40. That None of the cost thereof shall be assessable upon private property and $9,758.40 shall be paid from the Sanitation Municipal Improvements 162J2J Cont. Jobs & Programs Fund of the City of Du- buque. Passed, adopted and approved this 15th day of August 1966. Walter A. Pregler Mayor Merlin F. Schultz Eldon A. Pfohl 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, Council- men Ludwig, Pfohl, Schultz. Nays—None. Absent — Councilman McCauley. (A Resolution Accepting Improve- ment.) RESOLUTION NO. 225-66 WHEREAS, the contract for the construction of a Forty -Eight inch (48") R.C.C.P. Storm Sewer be- tween Mepoland Street and Mar - mora Street beginning at the ex- isting storm sewer in Lot 570 of Lenox Addition thence northerly to the existing storm sewer in Lot 543 of Lenox Addition has been completed and the City Manager has examined the work and filed 322 Special Session, Augiist 15, 1966 his certificate stating that the same has been completed according to the terms of the contract, plans and specifications and recommends its acceptance, now therefore, BE IT RESOLVED, by the City Council of the City of Dubuque, that the recommendations and that City Manager be app said improvement be and the same is hereby accepted. BE IT FURTHER RESOLVED, that the City Treasurer be and he is hereby directed to pay to the contractor from the funds to be realized from the Sanitation Munic- ipal Improvements upon the above described improvement in amount equal to the amount of his contract, less any retained percentage pro- vided for therein. Passed, adopted and approved this 15 day of August, 1966. Walter A. Pregler Mayor Merlin F. Schultz Eldon A. Pfohl Richard Ludwig Councilman 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, Pfohl, Schultz. Nays—None. Absent — Councilman McCauley. August 12, 1966 To the Honorable Mayor and City Council Gentlemen: The Southern Avenue Storm Sew- er 1966 has been completed in ac- cordance with plans and specifica- tions by Smitty's Excavating Ser- vice of Dubuque, Iowa. I recommend that the improve- ment be accepted. Respectfully, Gilbert D. Chavenelle, City Manager Councilman Schultz moved that the recommendation of the City Manager be approved. Seconded by Mayor Pregler. Carried by the fol- lowing vote: Yeas — Mayor Pregler, Council- men Ludwig, Pfohl, Schultz. Nays—None. Absent — Councilman McCauley. FINAL ESTIMATE RESOLUTION NO. 226.66 WHEREAS, the contract for the Construction of a Sixty inch (6011) R.C.C.P. Storm Sewer and appurten. ances on Southern Avenue from the existing Storm sewer at Sam. uel Street westerly in Southern Avenue to the intersection of Southern Avenue, English Lane, and Sullivan Street has been com- pleted and the City Engineer has submitted his final estimate show- ing the cost thereof including the cost of estimates, notices, inspec- tion, and preparing the assess. ment and plat, now therefore, BE IT RESOLVED, by the City Council of the City of Dubuque, That the cost of said improve- ment is hereby determined to be $48,598.09. That None of the cost thereof shall be assessable upon private property and $48,598.09 shall be paid from the Sanitation -Municipal Improvements 162J2J Cont. Jobs & Programs Fund of the City of Du- buque. Passed, adopted and approved this 15th day of August 1966. Walter A. Pregler Mayor Merlin F. Schultz Eldon A. Pfohl Richard Ludwig Councilmen Attest: Leo F. Frommelt, City Clerk Councilman Pfohl moved adop- tion of the resolution. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Mayor Pregler, Council- men Ludwig, Pfohl, Schultz. Nays—None. Absent — Councilman McCauley. (A Resolution Accepting Improve- ment.) RESOLUTION NO. 227.66 WHEREAS, the contract for the Construction of a Sixty inch (6(Y") R.C.C.P. Storm Sewer and appur- tenances on Southern Avenue from the existing Storm sewer at Sam- uel Street westerly in Southern Avenue to the intersection of Southern Avenue, English Lane, and Sullivan Street has been com- pleted and the City Manager has examined the work and filed his Special Session, August 15, 1966 323 certificate stating that the same has been completed according to the terms of the contract, plans and specifications and recommends its acceptance, now therefore, BE IT RESOLVED, by the City Council of the City of Dubuque, that the recommendatio and that. of the City Manager be approv said improvement be and the same is hereby accepted. BE IT FURTIiER RESOLVED, that the City Treasurer be and he is hereby directed to pay to the contractor from the funds to be realized from the Sanitation Munic. ipal Improvement Fund 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 35th day of August, 1966. Walter A. Pregler Mayor Merlin F. Schultz Eldon A. Pfohl Richard Ludwig Councilmen Attest: Leo F. Frommelt, City Clerk Councilman Pfohl moved adop- tion of the resolution. Seconded by Mayor Pregler. Carried by the fol- lowing vote: Yeas — Mayor Pregler, Council. men Ludwig, Pfohl, Schultz. Nays—None. Absent — Councilman McCauley. July 15, 1966 To the Honorable Mayor and City Council Gentlemen: I herewith submit the attached sheets No. 1 to 13, inclusive show. ing a schedule of the proposed valuations and assessments for the City of Dubuque 1966 Sidewalk Project No. 1. Submitted August 15, 1966. John L. White, City Engineer Councilman Pfohl moved that the communication be received and filed. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Mayor Pregler, Coun- cilmen Ludwig, Pfohl, Schultz. Nays—None. Absent—Councilman McCauley. Section 1. That the attached sheets No. 1. to 13, inclusive, are hereby determined to be the schedule of proposed assessments for the City of Dubuque 1966 Side- walk Project No. 1, and the valua- tions set out therein are hereby approved. Adopted this 15th day of August, 1966. RESOLUTION NO. 22866 Be It Resolved by the City Coun- cil of the City of Dubuque, Iowa: Walter A. Pregler Mayor Merlin F. Schultz Eldon A. Pfohl Richard Ludwig Councilmen Attest: Leo F. Frommelt City Clerk Councilman Ludwig moved adop- tion of the resolution. Seconded by Councilman Pfohl. Carried by the following vote: Yeas — Mayor Pregler, Coun- cilmen Ludwig, Pfohl. Schultz. Nays—None. Absent—Councilman McCauley. RESOLUTION NO. 22966 Preliminary Estimate and ap- proval of plans, specifications, form of contract, plat and all other documents for the construction of City of Dubuque 1966 Sidewalk Project No. 1, on various locations on the following named streets— Asbury, Avalon Road, Bunker Hill Road, Carter Road, Kane Street, Kaufmann Avenue, Mineral Street, Pennsylvania Avenue, St. George Street, St. Joseph Street, Theda Drive, Trygg Drive, Martin Drive, Van Buren Street, at an estimated cost of $20,438.39, presented and read. Mayor Pregler moved adoption of the resolution. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Mayor Pregler, Coun- cilmen Ludwig, Pfohl, Schultz. Nays—None. Absent—Councilman McCauley. (Necessity for Improvement) RESOLUTION NO. 23066 WHEREAS, proposed plans, specifications, form of contract, plat and schedule have been duly prepared and approved by the 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 streets to be improved. 324 Special Session, August 15, 1966 2. The width of such improve- ment, and the size and kind of sewers. 3. Each lot proposed to be as- sessed together with a valuation fixed by the council. 4. An estimate of the cost of the proposed improvement, stating the same for each different type of construction and kind of material to be used. 5. In each case the amount there- of which is estimated to be as- sessed 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, St. George Street, St. Joseph Street, Theda 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 wel- fare to make the herein mentioned improvement, and unless property owners at the time of the final consideration of this proposed res- olution have on file 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 the cost and expense of making said improve- ment will be assessed upon and against all privately owned prop- erty lying within assessable dis. tance provided by law and in an amount not to exceed the amount Provided by law, property will be assessed whether the same abuts thereon or is adjacent thereto ac. cording to area and in proportion to the special benefits conferred thereby, and any deficiency shall be paid out of the Sidewalk Im- provement Account No. 137. Bonds shall be issued and sold in antici. pation of deferred payments of assessments when a contract has been performed and accepted and the proceeds thereof used to pay the contractor. The railway por- tion of any street or assessment district shall be assessed to and paid by the railway company. The above resolution was intro. duced, approved and ordered placed on file with the City Clerk this 15th day of August, 1966. Approved and placed on file for final action. Approved: Walter A. Pregler Mayur Merlin F. Schultz Eldon A. Pfohl Richard Ludwig Councilmen Attest: Leo F. Frommelt City Clerk Councilman Ludwig moved ap- proval of the resolution. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Mayor Pregler, Coun. cilmen Ludwig, Pfohl, Schultz. Nays—None. Absent—Councilman McCauley. (Fixing date of hearing) RESOLUTION NO. 21366 WHEREAS, the City Council of the City of Dubuque, Iowa, has by Resolution No. 229.66 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 CITY OF DUBUQUE 1966 SIDEWALK PROJECT NO. 1 and, WHEREAS, the proposed Reso- lution of Necessity for said im- provement has been introduced and is now on file in the City Clerk's office for public inspection, BE IT THEREFORE RESOLVED that on the 12th day of September, 1966, a public hearing will be held at 7:30 o'clock P.M. DST 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 Special Session, August 15, 1966i 325 of the proposed district. to the cost of the improvement, to the amount prop)sed to be assessed against any lot and to the passage of the proposed Resolution of Necessity and the City Clerk be and he is hereby directed to cause a notice of the time and place of such hear- ing to be published in some news- paper published in the city of Du- buque, the last of which shall be not less than two (2) nor more than (4) weeks prior to the day fixed for its consideration and un- less property owners at the time of final consideration of said reso- lution 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 15th day of August, 1966. Walter A. Pregler Mayor Merlin F. Schultz Eldon A. Pfohl Richard Ludwig Councilmen Attest: Leo F. Frommelt City Clerk Councilman Ludwig moved adop- tion of the resolution. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Mayor Pregler, Coun- cilmen Ludwig, Pfohl, Schultz. Nays—None. Absent—Councilman McCauley. Councilman Schultz moved that Robert Woodward be reappointed to the Airport Commission, for a six year term, commencing Sep- tember 14th, 1966 and ending Sep- tember 14, 1972. Seconded by Councilman Pfohl. Carried by the following vote: Yeas — Mayor Pregler, Coun- cilmen Ludwig, Pfohl, Schultz. Nays—None. Absent—Councilman McCauley. There being no further business Mayor Pregler moved to adjourn. Seconded by Councilman Pfohl. Carried by the following vote: Yeas — Mayor Pregler, Coun- cilmen Ludwig, Pfohl, Schultz. Nays—None. Absent—Councilman McCauley. Leo F. Frommelt City Clerk Approved No.Vember 7 1966 Adopted November ............................ 7....1966. Councilmen AtteaiJ.• ..................... ... 826 Special Session, August 22, 1966 Board of Health OFFICIAL Special Session, August 22, 1966. Board met at 7:15 P.M. (D.S.T.) Present — Chairman Walter A. Pregler, Messrs, Richard Lud- wig, M. Sylvester McCauley, El- don A. Pfohl, Merlin F. Schultz. City Manager Gilbert D. Chave- nelle. Dr. Kenneth K. Hazlet. Proofs of notice of public hear- ing being receipts of certified mail sent on August 11th, also proof of notice personally served on Mr. Kenneth Norpel on August 10, 1966, relative to violation of Sec. 6.7 of Housing Standard Code as to the raising of rabbits within the City, presented and read. Mr. Richard Ludwig moved that the proofs of notice be received and filed. Seconded by Mr. Eldon A. Pfohl. Carried by the following vote: Yeas — Chairman Walter A. Pregler, Messrs. Richard Ludwig, M. Sylvester McCauley, Eldon A. Pfohl, Merlin F. Schultz. Nays—None. Mr. M. Sylvester McCauley moved that the rules be suspended in order to let anyone present ad- dress the Council if they so de- sire. Se^onded by Chairman Wal- ter A. Pregler. Carried by the fol- lowing vote: Yeas — Chairman Walter A. Pregler, Messrs. Richard Ludwig, M. Sylvester McCauley, Eldon A. Pfohl, Merlin F. Schultz. Nays—None. Mr. Kenneth Norpel addressed the Council from the standpoint that his constitutional rights have been attacked. lie appealed to the Council that the raising and eat- ing of rabbits is beneficial to his health. He further claimed that his doctor told him to raise rab- bits as sort of a mental therapy. As to the eating of rabbits it has helped him to lose considerable weight and to maintain same at a reasonable level. Mr. Donald Bandy, building commissioner, stated that his de. partment has received various phone calls as to the nuisance caused by the raising of rabbits by Mr. Norpel and intimated that this particular project is more than just having a few pets. Chairman Walter A. Pregler moved that. Mr. Norpel's appeal be denied with instructions that the Ordinance be enforced. Sec. onded by Mr. M. Sylvester McCau. ley. Carried by the following vote: Yeas — Chairman Walter A. Pregler, Messrs. Richard Ludwig, M. Sylvester McCauley, Eldon A. Pfohl. Nays—Mr. Merlin F. Schultz. There being no further business Chairman Walter A. Pregler moved to adjourn. Seconded by Mr. El. don A. Pfohl. Carried by the fol- lowing vote: Chairman Walter A. Pregler, Messrs. Richard Ludwig, M. Sylves- ter McCauley, Eldon A. Pfohl, Mer- lin F. Schultz. Nays—None. Leo F. Frommelt Clerk Board of Health .Approved .o.yem.b .e.. .... ... r % 1966 ........ Adopted ...NPY.e.11beT' 7 1988 I+ J i. Members of �1 �`trn^Y �. Bd. of Attest: ,......................+rtt Cl oard of Health W Special Session, August 22, 1966 327 CITY COUNCIL OFFICIAL Special Session, August 22, 1966. Council met at 7:30 P.M. (D.S.T.) Present—Mayor Pregler, Coun- cilmen Ludwig, McCauley, Pfohl, Schultz. City Manager Gilbert D. Chavenelle. Mayor Pregler read the call and stated that service thereof had been duly made and this meeting is called for the purpose of con- ducting public hearings on the res- olutions of necessity for "City of Dubuque 1966 Kelly Lane Water Main Project No. 1" and construc- tion of an eight inch (8") Sanitary Sewer in Kelly Lane, and acting upon such other business as may properly come before a regular meeting of the City Council. Communication of Dubuque City Employees, Local Union No. 228. expressing their gratitude for a pay raise for 1967, presented and read. Mayor Pregler moved that the communication be received and filed. Seconded by Council- man McCauley. Carried by the fol- lowing vote: Yeas — Mayor Pregler, Coun- cilmen Ludwig, McCauley, Pfohl, Schultz. Nays—None. Communication of Jon ,Tay Ball of 1784 Bennett Street, objecting to the run-down condition of the property at Delhi & Grace owned by Mobil Oil Co. and also the prop- erty across the street from the above mentioned area owned by the Hartig Drug Co., presented and read. Councilman McCauley moved that the communication be re- ferred to the City Manager and Building Department for investiga- tion and report. Seconded by Ma- yor Pregler. Carried by the fol- lowing vote: Yeas — Mayor Walter A. Preg- ler, Councilmen Ludwig, McCauley, Pfohl, Schultz. Nays—None. August 19, 1966 To the Honorable Mayor and Members of the City Council Gentlemen: Attached is a license agreement from the Chicago, Milwaukee, St. Paul and Pacific Railroad Compa- ny for the privilege by the City to place fill material on a portion of Railroad Company's right-of-way to serve the Sewage Disposal Plant. I recommend that the Mayor and City Clerk be authorized to execute the license agreement on behalf of the City. Respectfully submitted, Gilbert D. Chavenelle City Manager Councilman Ludwig moved that the recommendation of the Man- ager be approved. Seconded by Councilman Pfohl. Carried by the following vote: Yeas — Mayor Pregler, Council- men Ludwig, McCauley, Pfohl, Schultz. Nays—None. August 22, 1966 To the Honorable Mayor and City Council Gentlemen: This is to advise that I have ap- proved the following bonds and de- isre to have your approval on same. COMPREHENSIVE LIABILITY Walter Wilhelm d/b/a, Wilhelm Excavating Co., American States Insurance Co. SIDEWALK Hartmann Construction Co., Mer. chants Mutual Bonding Co. Elroy J. Hinz d/b/a, Elroy J. Hinz Construction Co., Western Sure- ty Co. Woodrow W. Hand, Merchants Mu. tual Bonding Co. Respectfully, Gilbert D. Chavenelle, City Manager Councilman Pfohl moved that filing of the policy and bonds be approved subject to approval of the City Solicitor. Seconded by Councilman McCauley. Carried by the following vote: Yeas — Mayor Pregler, Coun- cilmen Ludwig, McCauley, Pfohl, Schultz. Nays—None. Notice of claim of Mrs. Thomas Howell, in the amount of $35.00, for damage incurred as the result of a backed -up sewer at 886 W. 5th Street on August 16, 1966, presented and read. Councilman Ludwig moved that the notice of claim be referred to the City So- 328 Special Session, August 22, 1966 licitor for investigation and re- port. Seconded by Mayor Pregler. Carried by the following vote: Yeas — Mayor Pregler, Coun- cilmen Ludwig, McCauley, Kohl, Schultz. Nays—None. August 19, 1966 Hon. Mayor & City Council Re: Raymond H. Kratz Gentlemen: On July 12, 1986, Raymond H. Kratz of 1516 Garfield Avenue, Du. buque, Iowa, filed claim against the city of Dubuque for personal injuries allegedly occurring on April 21, 1965 at Marshall & Rhom- berg Avenue in the City of Du- buque, claiming injuries as a re- sult of a fall from the sidewalk to curbing onto the street, claim- ing a defective condition thereat. That said claim was referred to the City Attorney and I have made an investigation of said claim, ex- amined the pertinent legal author- ity and I am of the opinion that said claim should be denied for the reason that same does not comply with legal requirements as to filing of claim. Original claim is returned here with. Respectfully submitted. R. N. Russo City Attorney Councilman Ludwig moved that the recommendation of the City Attorney be approved. Seconded by Mayor Pregler. Carried by the following vote: Yeas — Mayor Pregler. Coun- cilmen Ludwig, McCauley, Pfuhl, Schultz. Nays—None. ORDINANCE NO. 39-66 An Ordinance authorizing Ray Stuart to construct a ROCK WALL, presented and read. Councilman Ludwig moved that the reading just had be considered the first reading of the Ordinance. Seconded by Councilman McCau- ley. Carried by the following vote: Yeas — Mayor Pregler, Coun- cilmen Ludwig, McCauley, Pfohl, Schultz. Nays—None. Councilman Ludwig moved that the rule requiring an Ordinance to be read on three separate days be waived. Seconded by Counco. man McCauley. Carried by the fol- lowing vote: Yeas — Mayor Pregler, Coun- cilmen Ludwig, McCauley, Pfohl, Schultz. Nays --'.None. ORDINANCE NO. 39-66 AN ORDIIpNANCE AUTHORIZING RAY STUART RIT ORDAINEDU BY ROCK CIITY COUNCIL OF TTHE CCITY OF DUBUQUE, IOWA. Section 1. That Ray and RaYse Stuart, as owners o1 the premises known as Lots 489 and NVi 01 Lot 488 Lenox Addn.; in the City of Dubuque be, and they are hereby g,anted the revocable license anu authority to construct and maintain a rock wall, under the terms and conditions set forth In this Ordinance: Section 2. That such construction shall be done in accordance with plans hereto- fore submitted by permittees and ap- proved by City Manager, under the super• visionand direction of the City Manager, and in accordance with all applicable state and federal laws and regulations, and the ordinances of the City of Du. buque. Section 3. That the permission herein granted Is expressly conditioned on Per- mittees agreement o: (a) Assume any and all liability for damages to Persons or property which tion or maintenance of laid rock wall (b) To pay on behalf of the City of Dubuque all sums which the City of Du- buque shall become obligated $0 Pay by reason of the liability Imposed upon the City of Dubuque for damages of any kind resulting from the existence, con- struction or maintenance of said rock wall, sustained by any person or Par- sons, caused by accidents or otherwise, to defend at Its own expense and on be- half of said City any claim against the City of Dubuque arising out of the ex- Islence.con0ruction or malntennace of rock wall. Section 4. That the permission herein granted is expressly Conditioned Upon Vrmitlees further agreement that should eright and prl vilege herein granted be rescinded or revoked by the City Council, Nr own expense remove andn the event of their the City of Dubuque shall remove said rock well, pense and dispose of the permittees shall have no to City or its agents for no from the removal of tion 5. This Ordinance shall become ittKLive and the rights hereunder accrue 9 RAY 6 RAYSE STUART when this 17rdinance has been adopted by the City Council and the terms ane conditions thereof accepted by permittees by ac• ceptance endorsed on this Ordinance. Passed adopted and approved this 72nd day of �iugust, A. D. 1%6. Walter A. Pregler Mayor M. rSnlvFeste�r►l McCauley VItz EMledon A. Pfohl RichOrd Ludwig oyncllmen Attest: Leo F. Frex'nmelt Cily Clerk ACCEPTANCE OF ORDINANCE NO. 7f 66 The undersigned having read and be - Ing familiar with the terms and conditions of OrdindnCe No. 39.66 hereby, flanr them- selves' their successors or asy�s, as owners of the abutting Property, accept the same and Our to ba bound by the conditions and agreements therein con. to ned to be performed by permittees. �ated Au� 16, 1966 avmon W. Stuart PropPeerty Owner Published officially In thr TeleQraph- Herald Newspaper this 25th day o1 August 1966. Leo F. Frommelt City Clerk. 1 r. a-25 Special Session, August 22, 1996 329 Councilman Ludwig moved adop- estate be disposed of to John Lu - tion of the Ordinance. Seconded ber as said real estate serves no by Councilman McCauley. Carried useful public purpose. by the following vote: NOW THEREFORE Be It Re - Yeas — Mayor Pregler, Coun- solved by the City Council of the cilmen Ludwig, McCauley, Pfohl, City of Dubuque, Iowa: Schultz. Section 1. That the portion of Nays—None. Decatur Street lying east of Gar- field Avenue platted and described as Lot 122A in Ham's Addition in the City of Dubuque, Iowa, be dis- posed to John Luber by sale there- of for the sum of $1700.00, and that such sale to John Luber be and the same is hereby approved and that no abstract of title be furnished and that the coats of publication be paid by the buyer. Section 2. That the City Clerk be and he is hereby directed to cause notice to be published of the in- tention of the City of Dubuque, Iowa, to dispose of interest is and to Lot 122A in Ham's Addition in the City of Dubuque, Iowa, is John Luber. Passed, adopted and approved this 22nd day of August, A.D., 1966. Walter A. Pregler Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Richard Ludwig Councilmen ORDINANCE NO. 40-66 An Ordinance vacating portion of Decatur Street lying immedi- ately east of Garfield Avenue and hereafter to be known and described at Lot 122A in Ham's Addition in the City of Dubuque, Iowa, presented and read. Mayor Pregler moved that the reading just had be considered the first reading of the Ordinance. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Mayor Pregler, Coun- cilmen Ludwig, McCauley, Pfohl, Schultz. Nays—None. Mayor Pregler moved that the rule requiring an Ordinance to be read on three separate days be waived. Seconded by Councilman Schultz. Carried by the following vote: yeas — Mayor Pregler, Coun- cilmen Ludwig, McCauley, Pfohl, Schultz. Nays—None. Mayor Pregler moved that a pub- lic hearing be held on the ordi- nance on September 19, 1966, at 7:30 o'clock P.M. in the Council Chamber at the City Hail and that the City Clerk be instructed to publish notice of the hearing in the manner required by law. Sec- onded by Councilman Schultz. Car- ried by the following vote: Yeas — Mayor Pregler, Coun- cilmen Ludwig, McCauley, Pfohl, Schultz. Nays—None. R@SOLUTION NO. 233-66 WHEREAS, John Luber by writ- ten petition to the City Council has expressed a desire to purchase that portion of Decatur Street ly- ing east of Garfield Avenue which has been platted and is now de. scribed and known as Lot 122A in Ham's Addition in the City of Du- buque, Iowa; and WHEREAS, it would serve the best public interest that said real Attest: Leo F. Frommolt City Clerk Councilman Ludwig moved adop- tion of the resolution. Seconded by Mayor Pregler. Carried by the following vote: Yeas — Mayor Pregler, Coun- cilmen Ludwig, McCauley, Pfohl, Schultz. Nays—None. Petition of Peoples Natural teas requesting permission to excavate at Rush & Plum Streets, to repair leaking service line, presented and read. Councilman McCauley moved that the petition be granted. 6W- onded by Councilman Schultz. Car- ried by the following vote: Yeas — Mayor Pregler, Coug- cilmen Ludwig, McCauley, Pfohl, Schultz. Nays—None. Petition of Sertoma Club of Du- buque requesting permission to sell light bulbs from door to door during the week of September 4th thru 11th, for the benefit of re- 330 Special Session, August 22, 1966 larded children, presented and read. Mayor Pregler moved that the rules be suspended in order to let anyone present address the Council if they so desire. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Mayor Pregler, Coun- cilmen Ludwig, McCauley, Pfohl, Schultz. Nays—None. Mr. Keith Frommelt of 1225 Al- tura Drive and Don Walterick of 1090 Langworthy addressed the Council in behalf of the proposed Sertoma Club Drive, They request- ed permission to have a residen- tial canvass with the use of a loud speaking system. They also re- quested permission to park a mo- bile unit at 8th and Main Street. Mayor Pregler moved approval of the petition, also that the li- cense fee be waived, also that the use of loud speaking equipment be restricted all under the discretion of the City Manager and Chief of Police. Seconded by Councilman McCauley. Carried by the follow- ing vote: Yeas — Mayor Pregler, Coun- cilmen Ludwig, McCauley, Pfohl, Schultz. Nays—None. August 22, 1966 Gilbert D. Chavenelle City Manager The Honorable Mayor and City Council Gentlemen: On July 21, 1966 Building Per- mit No. 846 was issued to, John Schlitzer to erect a dwelling at 2182 Clarke Drive. When the location of the dwell- ing on the lot was checked it was found that this lot did not con. form to the requirements of Ordi. nance No. 65-57, the Subdivision Ordinance, The contractor was advised that the permit was revoked by the Building Department and we here. by request that the $25.00 Build- ing Permit fee be refunded to Mr. Schlitzer. Respectfully, Donald J. Bandy Building Commissioner Councilman Ludwig moved that the request be granted and the Auditor instructed to issue proper warrant. Seconded by Councilman McCauley. Carried by the follow- ing vote: Yeas — Mayor Pregler, Coun. cilmen Ludwig, McCauley, Pfohl, Schultz. Nays—None. Proof of Publication, certified to by the Publisher, of notice of public hearing to consider pro. posed resolution of necessity for the construction of a cast iron wa- ter main in Kelly Lane from the east property line of Fremont Ave- nue to the northwest property line of Lot 1 of Lot 1 of Lot 1 of M.L. 511, presented and read. Council- man Pfohl moved that the proof of publication be received and filed. Seconded by Mayor Pregler. Carried by the following vote: Yeas — Mayor Pregler, Coun- cilmen Ludwig, McCauley, Pfohl, Schultz. Nays—None. Statement of City Clerk certify- ing that proper notice of hearing was sent to property owners of record affected by the proposed as- sessment for construction of the cast iron water main in Kelly Lane, by certified mail on July 26, 1966, presented and read. Councilman Pfohl moved that the statement be received and filed. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Mayor Pregler, Coun- cilmen Ludwig, McCauley, Pfohl, Schultz. Nays—None. Mr. Don Roepsch of 1140 Kelly Lane and Mr. Burger of 1190 Kelly Lane after considerable discussion as to location of the water main and also how their properties would be serviced voiced objec- tion to the project. Mr. Ray Ryan of 765 Kelly Lane made inquiry as to payment of assessment. RESOLUTION NO. 199.66 Resolution of necessity for con- struction of City of Dubuque 1966 Kelly Lane Water Main Project No. 1 also setting time and place of hearing and prescribing notice for City of Dubuque 1966 Kelly Lane Water Main Project No. 1. Whereas, proposed Flans and specifications, plat and schedule have been duly prepared and ap- proved b; the City Council of the City of Dubuque and are now on Special Session, August 22, 1966 331 file in the office of the City Clerk which publications shall be not. showing, among other things, the less than fifteen nor more than following: twenty-five days prior to said hear - An estimated total cost of the ing and by mailing a copy of said a. work. notice by registered mail to the b. The amount proposed to be owners of said property to be as - assessed against each lot for the the office of the County Auditor on improvement for the construction or before the first publication of of (description of improvement) the notice. City of Dubuque 1966 Kelly Lane first Approved on first reading this Water Main Project No. 1 consist- 25th day of July, 1966. ing of a cast iron water main in n Passed, adopted and approved Kelly lane from the east property as proposed, this 22nd day of line of Fremont Avenue to the August. 1966. Northwest property line of Lot 1 Walter A. Pregler of Lot 1 of Lot 1 of Mineral Lot 511. Be It Therefore Resolved by the City Council of the City of Du- buque, Iowa: 1. That the City Council deems it advisable and necessary for the public welfare to make said im- provement. 2. Said improvement shall be constructed and done in accord - and with said plans and specifica- tions and a portion of the total cost of making said improvement shall be assessed against all pri- vately owned property lying with- in the assessment district shown on such plat in an amount not to exceed the amount provided by law and in proportion to the spe- cial benefits conferred thereby and the remainder of the total cost shall be paid out of the Water Works Depreciation fund. 3. Bonds shall 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. 4. On the 22nd day of August, 1966 at 7:30 P.M. (DST) the City Council will meet in the City Council chambers in the City Hall, in the City of Dubuque, Iowa and hear property owners subject to the assessment and interested par. ties for and against the improve- ment, its cost, the assessment thereof, or the boundaries of the district. 5. The City Clerk is hereby authorized and directed to cause public notice of the date, time and place of hearing to be given by publication once cacti week for two consecutive weeks the first of Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Richard Ludwig Councilmen Attest: Leo F. Frommelt, City Clerk Councilman Ludwig moved adop- tion of the resolution. Seconded by Mayor Pregler. Carried by the fol- lowing vote: Yeas — Mayor Pregler, Council- men Ludwig, McCauley, Pfohl, Schultz. Nays—None. RESOLUTION NO. 234-66 Resolution Approving Detailed Plans, Specifications, Form of Contract and Notice to Bidders, and Directing Advertisement to Bidders. WHEREAS the City Council of the City of Dubuque, Iowa has heretofore adopted Resolution No. 199-66 being a Resolution of Ne. cessity for the construction of City of Dubuque 1966 Kelly Lane Water Main Project No. 1 consist- ing of a cast iron water main in Kelly Lane from the East Prop- erty Line of Fremont Avenue to the Northwest Property Line of Lot 1 of Lot 1 of Lot 1 of Min- eral Lot 511. and, WHEREAS the City Engineer has submitted and filed with the City Clerk detailed plans and spec- ifications, form of contract and notice to bidders for said improve- ment; NOW THEREFORE, BE IT RE- SOLVED that said plans, specifi- cations, form of contract, and no- 33`? Special Session, August 22, 1966 tice to bidders are hereby ap- proved, and that the City Clerk is hereby authorized and directed to publish said notice to bidders, in the manner provided by law, once each week for two consecutive weeks, the first of which publica- tions shall be not less than twelve (12) days before the date set in said notice for receiving bids. Passed, adopted and approved this 22nd day of August, 1966. Walter A. Pregler Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Richard Ludwig Councilmen Attest: Leo F. Frommelt City Clerk Mayor Pregler moved adoption of the resolution. Seconded by Councilman McCauley. Carried by the following vote: Yeas — Mayor Pregler, Coun- cilmen Ludwig, McCauley, Pfohl, Schultz. Nays—None. Proof of Publication, certified to by the Publisher, of notice of public hearing to consider reso- lution of necessity for the con- struction of an eight inch (8") san- itary sewer from the Catfish Creek Sanitary Sewer southerly to Kelly Lane then east and west in Kelly Lane with the westerly end at the E.P.L. of Fremont Avenue and the easterly end at Lot 1.10, Block 1 of Henschels Highlands Sub. presented and read. Mayor Pregler moved that the proof of publication be received and filed. Seconded by Councilman Pfohl. Carried by the following vote: Yeas — Mayor Pregler, Coun- cilmen Ludwig, McCauley, Pfohl, Schultz. Nays—None. Statement of City Clerk certify- ing that notice of hearing on the resolution of necessity were mailed by certified mail on July 28, 1966, to property owners affected that would be obliged to pay for the cost of constructing the Kelly Lane sanitary sewer, presented and read. Councilman Ludwig moved that the statement be received and filed. Seconded by Councilman McCauley. Carried by the following vote: Yens — Mayor Pregler, Council- men Ludwig, McCauley, Pfohl, Schultz. Nays — None. RC -SOLUTION NO. 202-66 (Necessity For Improvement) Whereas, proposed plans, specifi. cations, form of contract, plat and schedule have been duly prepared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk showing among other things the following: 1. The boundaries of the district, if any. 2. The streets to be improved. 3. The width of such improve. ment, and the size and kind of sewers. 4. Each lot proposed to be as. sessed together with a valu. ation fixed by the council. 5. An estimate of the cost of the proposed improvement, stat- ing the same for each differ. ent type of construction and kind of material to be used. 6. In each case the amount there- of which is estimated to be assessed against each lot, for the Construction of an eight inch (8") sanitary sewer from the Catfish Creek Sanitary sewer southerly to Kelly Lane then east and west in Kelly Lane with the westerly end at the E.P.L. Fremont Avenue and the easterly end at Lot 1-10, Block 1 of Henschels Highlands Sub. 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 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 - constructed and done in accord- ance with the plans and specifica- tions 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 im- Special Session, August 22, 1966 333 provement will be assessed upon and against all privately owned property lying within assessable distance provided by law and in an amount not to exceed the amount provided by law, property will be assessed whether the same abuts thereon or is adjacent there- to according to area and in propor- tion to the special benefits con- ferred thereby, and any deficiency shall be paid out of the sewer funds. Bonds shall be issued and sold in anticipation of deferred payments of assessments when a contract has been performed and accepted and the proceeds thereof used to pay the contractor. The railway portion of any street or as- sessment district shall be assessed to and paid by the railway com- pany. The above resolution was intro- duced, approved and ordered placed on file with the City Clerk this 25th day of .July, 1966. RECORD OF FINAL ADOPTION The foregoing resolution was finally passed and adopted, as pro- posed, by the City Council this 22nd day of August, 1966. Walter A. Pregler Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Richard Ludwig Councilmen Attest: Leo F. Frommelt City Clerk Councilman Ludwig moved adop- tion of the resolution. Seconded by Mayor Pregler. Carried by the fol- lowing vote: Yeas — Mayor Pregler, Coun- cilmen Ludwig, McCauley, Pfohl. Schultz. Nays — None. RESOLUTION NO. 235.66 Decision of Council upon objec- tions to Plans, Specifications, Form of Contract and Cost of Improvements. WHEREAS, proposed plans and specifications and form of contract for the construction of an eight inch (8") sanitary sewer from the Catfish Creek sanitary sewer south- erly to Kelly Lane then east and west in Kelly Lane with the wester- ly end at the E.P.L. of Fremont Avenue and the easterly end at Lot 1.10, Block 1 Henschels High- lands Sub., have been approved by the City Council of the City of Du- buque and public notice given as provided by Chapter 23 of the Code of Iowa, 1962, pertaining to public contracts and bonds, and the time and place fixed for the hearing of all objections to said plans, specifi- cations or contract for or cost of such improvements, said time be- ing this 22nd day of August, 1966; and WHEREAS, the City Council met in special session this 22nd day of August, 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 pro- posed to be made; and WHEREAS, all interested par- ties hava been given an opportu- nity to be heard and all objections which have been duly weighed and considered; now, therefore BE IT RESOLVED by the City Council of the City of Dubuque, that all objections which have been made and filed to the plans, speci- fications, contract for or cost of said improvement herein described and proposed to be made, be and the same are hereby overruled and such plans, specifications and form of contract heretofore approved are hereby adopted. BE IT FURTHER RESOLVED that this resolution containing the decision of this Council upon all objections which have been filed to the plans, specifications and form of cost said improvement be made a matter of permanent rec- ord in connection with said im- provement. Passed, adopted and approved this 22nd day of August, 1966. Walter A. Pregler Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Richard Ludwig Councilmen Attest: Leo F. Frommelt City Clerk 334 Special Session, August 22, 1966 Councilman Ludwig moved adop- tion of the resolution. Seconded by Councilman McCauley. Carried by the following vote: Yeas — Mayor Pregler, Coun- cilmen Ludwig, McCauley, Pfohl, Schultz. Nays — None. RESOLUTION NO. 236.66 (Ordering Construction) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE that pursuant to a resolu- tion of necessity No. 202-66 which was duly passed by this Council, for the construction of an eight inch (8") sanitary sewer from the Catfish Creek sanitary sewer south- erly to Kelly Lane then east and west in Kelly Lane with the west- erly end at the E.P.L. Fremont Avenue and the easterly end as Lot 1-10 Block 1 of Henschels High- lands Sub., be and the same or- dered and constructed by this Council upon its own motion and with or without the petition of property owners. All the work shall be constructed in accordance with the plans and specifications here- tofore adopted and now on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the cost and expense of the said improvements be 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 proportion to the special benefits conferred, and any deficiency will be paid out of the sewer funds of the city. Payment will be made to the con- tractor out of funds realized from the sale of sewer bonds to be is. sued in anticipation of deferred payments of assessments as pro. vided by law after the work has been completed and accepted by the City Council. BE IT FURTHER RESOLVED that the City Clerk be and he is hereby ordered and directed to ad- vertise for proposals for the con- struction of the various improve. ments herein provided for in the manner provided by law, the said improvements shall be completed on or before 60 days after notice to proceed is issued. BE IT FURTHER RESOLVED that this resolution being deemed urgent and of immediate necessity shall be in force and effect from and after its passage and adoption by the City Council. Passed, adopted and approved this 22nd day August, 1966. Walter A. Pregler Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Richard Ludwig Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pfohl moved adop- tion of the resolution. Seconded by Councilman Ludwig. Carries] by the following vote: Yeas — Mayor Pregler, Coun- cilmen Ludwig, McCauley, Pfohl, Schultz. Nays -- None. RESOLUTION NO. 237.66 WHEREAS, by written communi- cation to the City Council of City of Dubuque, Iowa, dated August 9, 1966, by and thru the Mayor's Industrial Committee consisting of Walter Pregler, Mayor, Vincent Kaiser, Chairman of the Board of Dock Commissioners and Robert E. Dorothy, Manager of the Dubuque Industrial Bureau, Thermolyne Corporation of Dubuque, Iowa, of- fered to purchase 330.49 feet of frontage on Kerper Boulevard con- sisting of approximately two acres of unimproved real estate for the sum of Three Thousand Five Hundred ($3500.00) Dollars per acre and which real estate shall hereafter be platted and described as Lot 1 of Block 11 and Lot 2 of Block 12 in "Riverfront Subdivision No. 3" in the City of Dubuque, Iowa- and WHEREAS, the Mayor's Indus- trial Committee has recommended the sale of said real estate to Thermolyne Corporation on certain terms and conditions; and WHEREAS, the City Council of City of Dubuque, Iowa, deems it would serve the best public inter- est to dispose of interest in real estate hereinabove described to Thermolyne Corporation for the sum of $3,500.00 per acre subject to the terms and conditions here- inafter set forth and specified. Special Session, August 22, 1966 335 NOW THEREFORE. BE IT RE SOLVED BY THE CITY COUNCIL OF CITY OF DUBUQUE, IOWA: Section 1. That the disposal of interest in real estate by the City of Dubuque, Iowa, to Thermolyne Corporation covering the following described real estate, to wit: Lot 1 of Block 11, and Lot 2 of Block 12 in "Riverfront Subdi- vision No. 3" in the City of Du- buque, Iowa, for the 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 building not less than 21,600 square feet within twelve months of delivery of deed conveying the property hereinabove described by City of Dubuque., Iowa to Thermolyne Corporation; b) That the construction of the building and use of said premises by Thermolyne Corporation shall be in accordance 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 defining "re- stricted industrial district"; c) The City of Dubuque, Iowa ex- pressly reserves unto itself and retains a perpetual right and perpetual easement in, over and across Lot 2 of Block 12 for the existing installation, maintenance and repair of 84 -inch storm sewer therein. Section 2. That the City Clerk be and he is hereby directed to cause notice of intention to dispose of interest in real estate by the City of Dubuque, Iowa, to be pub- lished as is by law required. Passed, adopted and approved this 22nd day of August, A.D., 1966. by Mayor Pregler. Carried by the following vote: Yeas—Mayor Pregler, Council. men Ludwig, McCauley, Pfohl, Schultz. Nays—None. RESOLUTION NO. 238-66 Preliminary Estimate and ap- proval of plans specifications, form of contract, plat and all other docu- ments for the construction of traf- fic signals at the intersection of First Street and Locust Street and First Street and Main Street, at an estimated cost of $11,831.00, pre- sented and read. Mayor Pregler moved adoption of the resolution. Seconded by Councilman Pfohl. Carried by the following vote: Yeas—Mayor Pregler, Council- men Ludwig, McCauley, Pfohl, Schultz. Nays—None. (Necessity for Improvement) RESOLUTION NO. 239.66 Whereas, proposed plans, speci- fications, form of contract have been duly prepared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk show- ing among other things the follow- ing: 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 prop- erty owners, deems it advisable and necessary for the puble welfare to make the herein mentioned im- provement, and unless property owners at the time of the final consideration of this proposed reso- lution have on file with the City Clerk objections to the amount of the 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 (,ity Council and are now on file with the City Clerk. That the cost and expense of making said im- provement will be paid from the Utilities Fund No. 138E. Walter A. Pregier Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Richard Ludwig Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pfohl moved adop- tion of the resolution. Seconded 336 Special Session, August 22, 1966 The above resolution was intro- duced, approved and ordered placed on file with the City Clerk this 22nd day of August, 1966. Approved and placed on file for final action. Approved: Walter A. Pregler Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Richard Ludwig Councilmen Attest: Leo F. Frommelt City Clerk Mayor Pregler moved approval of the resolution. Seconded by Councilman Pfohl. Carried by the following vote: Yeas—Mayor Pregler, Council- men Ludwig, McCauley, Pfohl, Schultz. Nays—None. RESOLUTION NO. 24066 (Ordering Construction) BE IT RESOLVED BY THE CITY OF DUBUQUE that pursuant to a Resolution of Necessity No. 239.66 which was duly passed by this Council for the construction of traffic signals at the intersections of First Street and Locust Street and First Street and Main Street. Be and the same are hereby ordered and constructed by this Council upon its own motion and without the petition of the proper- ty owners. All the work shall be constructed in accordance with the plans and specifications heretofore adopted and now on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the cost and expense of the said improvement be paid from the Utilities Fund No. 138E. BE IT FURTHER RESOLVED that this resolution being deemed urgent and of immediate necessity shall be in force and effect from and after its passage and adoption of the City Council. Passed, adopted and approved this 22nd day of. August, 1966. Walter A. Pregler Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Richard Ludwig Councilmen Attest: Leo F. Frommelt City Clerk Mayor Pregler moved adoption of the resolution. Seconded by Councilman Pfohl. Carried by the following vote: Yeas — Mayor Pregler, Coun- cilmen Ludwig, McCauley, Pfohl, Schultz. Nays — None. (Fixing date of hearing) RESOLUTION NO. 241.66 Whereas, the City Council of the City of Dubuque, Iowa has given its preliminary 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 construction of traffic signals at the intersections of First Street and Locust Street and First Street and Main Street. Be it therefore resolved that on the 12th day of September, 1966, a public hearing will be held at 7:30 P.M. in the Council Chamber of the City of Dubuque, Iowa at which time objectors for the pro- posed improvement may appear and make objection to the pro- posed plans and specifications and proposed form of contract, to the cost of the improvement and the City Clerk be and he is hereby di- rected to cause a notice of the time and place of such hearing to be published in some newspaper pub- lished in the City of Dubuque, Iowa which shall be not less than ten (10) days prior to the day fixed for its consideration, and the City Clerk be and he is hereby directed to have published the notice of pendency for said improvement, and the City Clerk is hereby di- rected to advertise for proposals to the contractors for the construc- tion of the above mentioned im- provements. Passed, adopted and approved this 22nd day of August, 1966. Walter A. Pregler Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Richard Ludwig Councilmen Attest: Leo F. Frommelt City Clerk Special Session, Aufiust 22, 1966 337 Mayor Pregler moved adoption of the resolution. Seconded by Councilman Ludwig. Carried by the following vote: Yeas — Mayor Pregler, Coun- cilmen Ludwig, McCauley, Pfohl, Schultz. Nays—None. RESOLUTION NO. 242-66 BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the following having complied with the provisions of law relating to the sale of Ciga- rettes within the City of Dubuque, Iowa, be granted a permit to sell Cigarettes and Cigarette Papers within said City. Michael J. Donahue, 1481 Dodge Street BE IT FURTHER RESOLVED that the bonds filed with the ap- plication be approved. Passed, adopted and approved this 22nd day of August, 1966. Walter A. Pregler Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Richard Ludwig Councilmen Attest: Leo F. Frommelt City Clerk Mayor Pregler moved adoption of the resolution. Seconded by Councilman McCauley. Carried by the following vote: Yeas — Mayor Pregler, Coun- cilmen Ludwig, McCauley, Pfohl, Schultz. Nays—None. CLASS "C" BEEP. PERMIT Raymond Papin, 2635 University Avenue Walter W. Knoll, 205 Kaufmann Avenue Leo Frank Finzel, 405 East 21st Street Passed, adopted and approved this 22nd day of August, 1966. Walter A. Pregler Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Richard Ludwig Councilmen Attest: Leo F. Frommelt City Clerk Councilman McCauley moved adoption of the resolution. Second- ed by Councilman Pfohl. Carried by the following vote: Yeas — Mayor Pregler, Coun- cilmen Ludwig, McCauley, Pfohl, Schultz. Nays—None. RESOLUTION NO. 243-66 WHEREAS, applications for Beer Permits have been submitted to this Council for approval and the same have been examined: NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the following applica- tions be granted and licenses be issued upon the compliance with the terms of the ordinances of the City. CLASS "B" BEER PERMIT Riverside Bowl, Inc., 1860 Haw- thorne Street George Zillig, 127 West 6th Street RESOLUTION NO. 24466 WHEREAS, applications for Beer Permits were filed by the within named applicants and they have received the approval of this Council: and WHEREAS, the premises to be occupied by such applicants were inspected and found to comply with the ordinances of this City and they have filed proper bonds: NOW THEREFORE, BE IT RE. SOLVED by the City Council of the City of Dubuque, Iowa, that the Manager be and he is hereby directed to issue to the following named applicants a Beer Permit. CLASS "B" BEER PERMIT Riverside Bowl, Inc., 1860 Ilaw- thorne Street George Zillig, 127 West 6th Street CLASS "C" BEER PERMIT Raymond Papin, 2635 University Avenue Walter W. Knoll, 205 Kaufmann Avenue Leo Frank Finzel, 405 East 21st Street BE IT FURTHER RESOLVED that the bonds filed by such ap- plicants be and the same are here - 1)y approved. 338 Special Session, August 22, 1.988 Passed, adopted and approved this 22nd day of August, 1966. Walter A. Pregler Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Richard Ludwig Councilmen Attest: Leo F. Frommelt City Clerk Mayor Pregler moved adoption of the resolution. Seconded by Councilman Ludwig. Carried by the following vote: Yeas — Mayor Pregler, Coun- cilmen Ludwig, McCauley, Pfohl. Schultz. Nays—None. There being no further business Mayor Pregler moved to adjourn. Seconded by Councilman McCau- ley. Carried by the following vote: Yeas — Mayor Pregler, Coun- cilmen Ludwig, McCauley, Pfohl, Schultz. Nays—None. Leo F. Frommelt City Clerk. November 7 Approved.......... I .......................... lass November 7 Adopted................... I................... lass Councilmen: ............................ City Clerk Special Session, August 23, 1966 339 �� COUNt'� and filed. Seconded by Council, C man McCauley. Carried by the fol- lowing vote: Yeas — Mayor Pregler, Coun- OFFICIAL cilmen Ludwig, McCauley, Pfohl, Schultz Special Session, August 23, 1966. Council met at 7:30 P.M. (D.S.T.) Present—Mayor Pregler, Coun- cilmen Ludwig, McCauley, Pfohl, Schultz. City Manager Gilbert D. Chavenelle. Mayor Pregler read the call and stated that service thereof had been duly made and this meeting is called for the purpose of con- sidering adoption of a "resolution initiating proceedings for the is- suance of $175,000 Airport Bonds of the City of Dubuque, Iowa," and a further "Resolution Provid. ing for the Advertisement of $175,000 Airport Bonds," and act- ing upon such other business as may properly come before a regu. lar meeting of the City Council. Proof of Publication, certified to by the Publisher, of notice of pub- lic hearing on proposed plans, specifications, form of contract, covering extension lighting and drainage of Runway and Taxiway and the securing of additional clear zone easements at the Du- buque Municipal Airport in Du- buque County for the City of Du- buque, Iowa, presented 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 hearing. Councilman Ludwig moved that the proof of publication be re- ceived and filed. Seconded by Ma- yor Pregler. Carried by the fol- lowing vote: Yeas — Mayor Pregler, Coun- cilmen Ludwig, McCauley, Pohl, Schultz. Nays—None. Proof of Publication, certified to by the Publisher, of notice of meeting for issuance. of Airport Bonds in the amount of $175,000, presented and read. No written objections were filed and no oral objectors were present in the Council Chamber at the time set for the public hearing Mayor Pregler moved that th proof of publication be receive Nays—None. RESOLUTION NO. 245.66 RESOLUTION initiating pro- ceed:ngs :or the issuance of $175,000 Airport Bonds of the City of Dubuque, Iowa. WHEREAS the City of Dubuque, in the County of Dubuque, and State of Iowa, has heretofore es. tablished a municipal airport pur- suant to an election under the law as now contained in Chapter 330 of the Code of Iowa, 1962, and it is necessary and for the best in- terests of said City that said air- port be improved as requested by the Airport Commission of said City, and under the provisions of Section 330.16 of the Code of Iowa, 196`2, the City of Dubuque, Iowa, is authorized to issue its Airport Bonds in the amount of $175,000 for said purpose; and WHEREAS it is necessary and advisable that provisions be made for the issuance of such bonds and notice and hearing on the initia- tion of proceedings for such issu- ance has heretofore been given in manner and form required by Sec- tions 23.12 and 408A.1 of the Code of Iowa, and no petition nor pro- test has been filed, and no peti- tion has been filed asking that an election be called on the question of issuing said bonds; NOW, THEREFORE, Be It Re - by the City Council of the City of Dubuque, Iowa, as fol- lows: Section 1. That the City Clerk be and he is hereby authorized and instructed to arrange for the preparation of a form of resolu- tion authorizing the issuance of these bonds and providing for the levy of taxes to pay the same. Section 2. That this hearing on the issuance of said bonds be and the same is hereby adjourned to the 12th day of September, 1966, at 7:30 o'clock P.M., Central Day- light Savings Time, at the Coun- cil Chambers in the City Hall in e said City, at which time and place d said form of resolution shall be 340 Special Session, August 23, 1966 presented to this Council for ac- tion thereon in connection with the issuance of these bonds. Section 3. That all resolutions or parts thereof in conflict here- with be and the same are hereby repealed and this resolution shall be effective forthwith upon its passage and approval. Passed and approved August 23, 1966. Walter A. Pregler Mayor Attest: Leo F. Frommelt City Clerk Recorded August 23, 1966. Leo F. Frommelt City Clerk Councilman McCauley moved adoption of the resolution. Second- ed by Councilman Schultz. Carried by the following vote: Yeas — Mayor Pregler, Coun- cilmen Ludwig, McCauley, Pfohl, Schultz. Nays—None. RESOLUTION NO. 246-66 RESOLUTIOM providing for the advertisement of $175,000 Airport Bonds. WHEREAS the City Council of the City of Dubuque, Iowa, has heretofore determined it to be ad- visable and necessary that the mu- nicipal airport of the City be im. proved and it is necessary and for the best interests of said City that $175,000 Airport Bonds contem- plated to be issued to pay the cost thereof to that amount, be offered for sale in the manner required by Chapter 75 of the Code of Iowa; NOW, THEREFORE, Be It and It Is Hereby Resolved by the City Council of the City of Dubuque, Iowa, as follows: Section 1. That Airport Bonds of said City in the amount of $175,000 be advertised for sale, such bonds to be dated September 1, 1966, bearing interest payable June 1, 1967, and semiannually thereafter, and maturing $50,000 on December 1 of each of the years 1967 and 1968, and $75,000 on December 1, 1969, and that bids be requested for action there. on at the Council Chambers in the City Hall in said City at 7:30 o'clock P.M., Central Daylight Sav- ings Time, on September 8, 1966, and that the City Clerk be and he is hereby authorized and direct. ed to publish notice of such sale once each week for at least two consecutive weeks in the "Tele- graph -Herald," a newspaper pub. lished and of general circulation in Dubuque County, Iowa, such ad- vertisement to be in the form cus. tomarily employed for that pur. pose. Section 2. That all resolutions or orders in so far as same may be in conflict herewith be and the same are hereby repealed. Passed and approved August 23, 1966. Walter A. Pregler Mayor Leo F. Frommelt City Clerk Recorded August 23, 1966, Leo F. Frommelt City Clerk NOTICE OF SALE OF BONDS DUBUQUE, IOWA Sealed bids will be received un- til 7:30 o'clock P.M., Central Day- light Savings. Time, on the 8th day of September, 1966, at the office of the City Clerk in the City Hall, Dubuque, Iowa, for the purchase of $175,000 Airport Bonds of the City of Dubuque, Iowa, at which time such bids will be referred to the City Council of said City at its meeting to be then held at the Council Chambers in the City Hall in said City. Open bidding will be concluded not later than 8:00 o'clock P.M. and after the best open bid has been determined, the sealed bids will be publicly opened and the bonds will be sold to the highest bidder for cash. Sealed bids will be fully protected. Said bonds will be dated Sep- tember 1, 1966, in the denomina- tion of $5000, bear interest at a rate not exceeding five per cent (5%) per annum, payable June 1, 1967, and semiannually thereafter, registrable as to principal only, and will mature $50.000 on De- cember 1 of each of the years 1967 and 1968, and $75,000 on De- cember 1, 1969. None of said bonds will be optional for redemp- tion prior to maturity. Both prin- cipal and interest will be payable at the office of the City Treasur- er, Dubuque, Iowa. Each bid must be for all of said bonds upon terms of not less than par and accrued Special Session, August n, 1988 341 interest and shall specify a single rate of interest in a multiple of one-quarter or one-tenth of one per cent and, all other conditions being equal, preference will be given to the bid of par and ac- crued interest or better which specifies the lowest coupon inter- est rate. Each installment of inter. est will be represented by a single coupon on each bond. These bonds will constitute gen- eral obligations of the City payable from taxes levied upon all the tax- able property in the City without limitation as to rate or amount. Said bonds are expected to be de- livered within thirty (30) days af- ter the sale at any mutually agree- able bank or trust company in the City of Chicago, Illinois, or Du- buque, Iowa, or Des Moines, Iowa, without expense to the purchaser. Should delivery be delayed beyond sixty days from date of sale for any reason except failure of per- formance by the purchaser, the City may cancel the award or the purchaser may withdraw hi3 check, and thereafter his interest in and liability for the bonds will cease. The City will furnish the printed bonds and the approving opinion of Messrs. Chapman and Cutler, Lawyers, Chicago, Illinois, together with the transcript and usual clos- ing papers, including non -litiga- tion certificate, and all bids may be so conditioned. Each bidder must furnish a certified or cash- ier's check drawn on a solvent state or national bank or trust company for $3500 payable to the order of the City Treasurer of said City as a guarantee of good faith, this amount to be retained pending full performance by the successful bidder and to be for- feited to the City as agreed liq- uidated damages upon failure to take up and pay for the bonds when ready in accordance with his bid, which must be reduced to writing on the Official Bid Form. The City Council reserves the right to waive informalities in any bid, to reject any or all bids and to determine in its sole discretion the best bid. The City Council has authorized the preparation of an Official Statement containing pertinent in. formation relative to the City. For copies of that Statement and the Official Bid Form, or for any ad ditional information, any prospec- tive purchaser is referred to the undersigned at the City Hall, Du- buque, Iowa, or the Municipal Fl- nance Consultant of the City, Paul D. Speer & Associates, Inc., First National Bank Building, Chicago, Illinois 60603. Telephone: Area 312—Financial 6-0858. By order of the City Council of the City of Dubuque, Iowa. Leo F. Frommelt City Clerk Dated August 23, 1988. Councilman Ludwig moved adop- tion of the resolution. Seconded by Councilman McCauley. Carried by the following vote: Yeas — Mayor Pregler, Coun- cilmen Ludwig, McCauley, Pfohl, Schultz. Nays—None. There being no further business Mayor Pregler moved that this meeting on the hearing on the issurance of bonds be adjourned to September 12, 1966, at 7:30 P.M. Daylight Savings Time at the Council Chamber in the City Hall. Seconded by Councilman Pfohl. Carried by the following vote: Yeas — Mayor Pregler, Coun- cilmen Ludwig, McCauley, Pfohl, Schultz. Nays—None. Leo F. Frommelt City Clerk Approved November 7 1968. Adopted - Nov. . r., 7,,,,1986, .................. Councilmen City Clerk Regular Session, September 5, 1916 343 CITY COUNCIL OFFICIAL Regular Session, September 5, 1966. No members of the City Coun- cil being present upon roll call the meeting was postponed sub- ject to call. IA,o F. Frommelt City Clerk Approved January.... 2 ,,,,,1969` Adopted -j,an.u.arz .... 2.3 ... 19667 ..... .. ...... e-� L ... .... ......... .... ...... ....... ........ . .......... ................... ................. . ... - Councilmen City Clerk .344 Adjourned Regular Session, Septemher 6, 1966 CITY COUNCIL OFFICIAL Adjourned Regular Session, September 6, 1966. Council met at 7:30 P.M. (D.S.T.) Present — Mayor Pregler, Councilmen Ludwig, McCauley, Pfohl. City Manager Gilbert D. Chavenelle, Absent—Councilman Schultz. 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 pur- 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 the follow- ing vote: Yeas — Mayor Pregler, Coun- cilmen 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, Coun- cilmen Ludwig, McCauley, Pfohl. Nays—None. Absent --Councilman Schultz. August 25. 1966 To the Honorable Mayor and City Council Gentlemen: We are returning the petition request for street lighting in Clo- ver Hills Subdivision. We recommend 175 Watt Mer- cury Vapor Street Lights be in- stalled at the following locations: 1. South side of the intersection of Marywood Drive and Iii - view Circle, or northwest corner of Lot 19, Block 23, or 2640 Marywood Drive. 2. Between Lots 20 and 21, Block 24, or between 2667 and 2669 Marywood Drive. 3. Southeast corner of the in- tersection of Marywood Drive and Crissy Drive. 4. Between Lots 4 and 5, Block 27, or between 2684 and 2682 Marywood Drive. 5. Between Lots 8 and 9, Block 22, or between 2615 and 2605 Rosewood. 6. Between Lots 10 and 11, Block 26 or between 2611 and 2619 Crissy Drive. 7. 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. August 30, 1966 To the Honorable Mayor and City Council 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 that 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 the Stop sign at Orchard Drive be changed to a Yield Sign. I am enclosing a report from Chief Lucas of the Traffic Com- mittee Meeting which considered the above situation. Respectfully submitted, Gilbert D. Chavenelle 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: Adjourned Regular Session, September 6, I'M 345 Yeas — Mayor Pregler, Coun- cilmen Ludwig, McCauley, Pfohl. Nays—None. Absent—Councilman Schultz. August 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 .1. Jenaman that park- ing be prohibited on the north 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. Nays—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 I). Chavenelle City Manager Councilman Ludwig moved that the recommendation of the City Manager be approved. Seconded by Mayor Pregler. Carried by the following vote: Yeas — Mayor Pregler, Coun- cilmen Ludwig, McCauley, Pfohl, Nays—None. Absent—Councilman Schultz. Councilman Pfohl moved that the rules he 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. Dir. William Meyers of 320 King street, add,essed the Council by stating that he is convinced from the report that there is adequate water pressure in the area in case of fire. lie 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 McCauley. Carried by the follow- ing vote: Yeas — Mayor Pregler, Council- 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 346 Adjourned Regular Session, September 6, 1966 the Milwaukee Railroad that the t crossing at First and Iowa will be t 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 has been made of the track layout in the area. The traf fie 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 eastbound traffic on Loras is over a declining slope as it approaches the intersection and may cause some hazard during ice conditions. Traffic Signals at University Avenue and 'elevade 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 the 1967 appropriation. Conse- quently, under any circumstances he installation cannot be made un. il 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 the 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 the 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 the 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 1 have ap- proved the following bonds and desire to have your approval on same. PERFORMANCE BOND H & B American Corporation, 11 & B Communications Corporation, a Division of H & B American Corp., United States Fidelity and Guaranty Co. SIDEWALK Richard J. Schiltz, Merchants Mu- tual Bonding Co. Respectfully, Gilbert D. Chavenelle, City Manager Adjourned Regular Session, September 6, 1966 347 Councilman Ludwig moved that I 28th day of .1anuary 1965 as a re - the bonds be filed subject to ap- sult of a fall at the southwest proval of the City Solicitor. Sec. corner of, intersection of West 11th onded by Councilman McCauley. Street and alley between Main and Carried by the following vote: Locust Streets in the City of Du - Yeas — Mayor Pregler, Council- buque. Iowa. allegeding a defective men Ludwig. McCauley, Pfohl. condition thereat resulting from an Nays --None. accumulation of rounded, jagged Absent—Councilman Schultz. 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. 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 the 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 Hon. Mayor & City Council Re: Mrs. Blanche Forde 290112 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 the amount of $125.00, and it is the recommendation of the City Attorney that said offer be ac- cepted and that 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 attached here- to. Respectfully submitted. It. N. Russo City Attorney Councilman Pfohl moved that the recommendation of the City attorney be approved. Seconded by Mayor Pregler. Carried by the following vote: Yeas -- Mayor Pregler. Colin cilmen Ludwig. McCauley, Pfohl. Nays—None. Absent—Councilman Schultz. September 6, 1966 Honorable Mayor and City Council Re: Mrs. Velma Wetzel 1091 Main Street Gentlemen: On March H, 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 September 6, 1966 Honorable Mayor and City Council Re: C. J. Niedert 2415 Green 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 it tree located between the curb and sidewalk at or near 2160 University Avenue in the alleges thatu the treea is laeither 348 Adjourned Regular Session, September 6, 1966 flush or projects somewhat beyond the curb toward the street and while parking his vehicle the door handles on his right side came in 1contact 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 that 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 Ludwig, McCauley, Pfohl. Nays—None. Absent --Councilman Schultz. September 2, 1966 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 that the 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. 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 Pfohl moved that the notice of claim be referred to the City So- licitor for investigation and re- port. Seconded by Councilman Mc- Cauley. Carried by the following vote: Yeas — Mayor Pregler, Coun- cilmen Ludwig, McCauley, Pfohl. Nays—None. Absent—Councilman Schultz. Notice of suit of Marcella Roe- der, in the amount 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 that the notice of suit be referred to the City Solici- tor for investigation and report. Seconded by Councilman McCau- ley. Carried by the following vote: Yeas — Mayor Pregler, Council- men Ludwig, McCauley, Pfohl. Nays—None. Absent—Councilman Schultz. August 24, 1966 To the Honorable Mayor and City Council 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 the City Council: 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- nance amendment is attached 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 Ludwig, McCauley, Pfohl. Nays—None. Absent—Councilman Schultz. Adiotirned R"itlar Session, September 6, 1966 349 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 sub-titute 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 follow- ing vote: Yeas — Mayor Pregler, Council 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, 19(16, at 7:30 P.M.(D.S.T.) in the Council Chamber at the City Hall and that the City Clerk be instructed to publish notice of the hearing in the manner required by law. Sec- onded by Councilman Ludwig. Carried by the following vote: Yeas — Mayor Pregler, Coun- cilmen Ludwig, McCauley, Pfohl. Nays—None. Absent—Councilman Schultz. 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. Councilman McCauley moved that the reading just had be con- sidered the first reading of the Ordinance. Seconded by Mayor Pregler. Carried by the following vote: Yeas — Mayor Pregler, Council- men Ludwig, McCauley, Pfohl. Nays—None. 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. 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 pIrepealing Section 12.2 thereof and enact. tor,pa new Section 12.2 in lieu thereof as '12.1. The driver of a vehicle within an Intersection intending to turn to the left shall Yield the right-of-way to all vehicles approaching from the opposite direction which are within the section or so close thereto as to constitute an Im. mediate hazard, then said driver, hav- ing so yielded and having given a signal when and as required by this Ordinance, maymake such a left turn." Passed, adopted and approved this 6th day o1 September, A.D., 1966. Councilmen Attest: Leo F Frommelt City Clerk Published officially in The Telegraph - Herald Newspaper this 12th day of Sep- tember 1966. LEO F. FROMMELT City Clerk 1t. 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. ORDINANCE N0. 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. 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, Pfohl. Nays—None. Absent—Councilman Schultz. 350 Adjourned Regular Session, September 6, 19ffi 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. "17.1. Every, motor vehicle upon a street within the City, at any time from .,,..�.. �� sunrise, and et such other ahead shall dis- as provided in urolnan a a. day Pass Seppta' P t A D.aP 66Ved this 61h . tylevrs'rEREMCCAULEYYor ---- Councilmen Attest: Leo F. Frommelt City Clerk Published officlallY In The Telegraph - Herald Newspar,er this 12th day of Sep- tember 1966. LEO F. FROMMELT 11. 9/12 City Clerk. Mayor Pregler moved adoption 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. 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. 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. oRDI. ^THE +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 Dubuoue. 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 of September, A.D., 1966, WALTER A. PREGLER, Mayor M. SYLVESTER McCAULEY ELDON A. PFOHL RICHARD LUDWIG Councilmen Attest: Leo F. Frommel) City Clerk Published officially In The Telegraph Herald Newspaper this 121h day of Sep- tember 1966. LEO F. FROMMELT I1. 9/12 City Clerk. Councilman Ludwig moved adop- tion of the Ordinance. Seconded by Councilman McCauley. Carried by the following vote: Yeas — Mayor Pregler, Council- men Ludwig, McCauley, Pfohl. Nays—None. Absent — Councilman Schultz. 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. Adjourned Regular Session, September 8, 1988 351 OFFICIAL LICATION ORDINANCE BNO. 45-66 AORDINANCE JUITTAITND DH KNE OICCO- OSTRUCT A S ONE RETAN6NG BEC AUuIT ORDAINE D BY THE CITY SoQNCILUE, IOWA. THE CITY OF DU - Section 1. That David S. 6 Judith A. Kane as owners of the premises known as Lot 1-2 of M L 312 6 Lot 1-1-3 of M.L. 312 in the tlty of Dubuque be, and they are hereby granted the revoc- able license and$uthority to construct and maintain a Stone Retaining Wall In der he ter s and Condit,ons set for section 2. That such construction shall be done In accordance with Plans here- tofore submitted by perm Itees and approvedOv City Manager, under the supervision and direction of the City Manager, and In accordance with all apnllcable state and federal laws and rNUlations. end the ordinances of the Clty of Dubuque Section 3. That the permission herein ..ted Is expressly conditioned on per- mitt5 agreemen, ny w. cl alfr (asump damages ato persons, orab,prtoperty which may result Irom the ex- istence, construction or mainte. nance of said Stone Retaining Wall. (b) To pay on behalf of the City of Dubuque alt sums which the City tf Dubuoue shall become ob- lgaled to pay by reason of the liablllt Imposed upon the Clfy of Dubuque for damages of any kindresulting from the existence sons aid trS ones Retainingor ,nWall, ionance of sustained by any person or per sons, caused by accident or oi='! end on defend of l said Clty�any claim apalnst the City of Du- bucive arising out of the existence construction or maintenance of said Stone Retaining Wall. Section A. That the permission herein granted Is expressly conditioned upon permittees further agreement that should the right and prlvl lege herein granted be rescinded or revoked by the City Council, permittees, or their successors In Interest, as owners of the abutting property, shall within thirty t3O) days After receipt of written notice from the City Manager, so to do, at their own expanse, re;nove said Stone Re. talning WaIL and In tti�r event of their failure so to do. the '&, of Dubuque R alai nbngauW ail 1e attn permittees�a)expense and dispose of the same, and the per. mittees $hall have no claim against the from or Its removal of sents for aid Stoner Retain Section S This Ordinance shall be- come effective and the rights hereunder accrue whenDAlhIsD Ordinancehas adopted by the City Council and the terms and conditions thereof Accepted by perm) lees Ov acceptance endorsed on this Ordinance 6thPassed, of September,, approved , 1966. this Walter A. Pregler, Meyer M. Sylvester _ McCauley Councilman Ludwig. Carried by the folowing vote: Yeas — Mayor Pregler, Council- men Ludwig, McCauley, Pfohl. Nays — None. Absent — Councilman Schultz. Petition of Peoples Natural Gas requesting permission to excavate on Chaney 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, Council- men Ludwig, McCauley, Pfohl. Nays — None. Absent — Councilman Schultz. Attest: Lew F. Frommel} City Clerk ACCEPTANCE OF ORDINANCE NO. 4S-66 The undersigned t,aviny read end be - Ing familiar wl"I the ferns and con. ditions of Ordinance No. 45.66 hereby, fpr themselves, their successors or as- %fris, as owners of the abutting prop- erty accel0 the same and agree o be and Dy the conditions and agree- ments therein he alned to be performed by permittees. Dated September 12, 1966 By Judith David A. Katie, roPparIYY owners Published officlalIV In the Tela P9ranh- Herald Newspaper this 15th day of Sep- tember, 1966. Leo F. Frommelf, City Clerk. 11. 9.15 Councilman Pfohl moved adop- tion of the Ordinance. Seconded by 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 5th to October 8th for the purpose of conducting an Industrial Fair, presented and read. 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 the 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 the following vote: Yeas Pregler, Council — ler, CouncilPfohl. men Ludwig, McCauley, 352 Adjourned Regular Session, September 6, 1966 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 Pfohl. Carried by the following vote: Yeas — Mayor Pregler, Council- men Ludwig, McCauley, Pfohl. 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 the following vote: Yeas — Mayor Pregler, Coun- cilmen Ludwig, McCauley, Pfohl. Nays—None. 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 the 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 the unex- pired portion of cigarette license No. 211, as he has discontinued business on 9.5.66, presented and read. Councilman Ludwig moved that the 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. 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 inhabitants 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 a 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 the City of Dubuque, Iowa, that the territor- ial limits of the; City of Dubuque, Iowa be and they are hereby ex- tended to include the area com- prising the following described real estate: Lot 1-1 of Harwood Place in Dubuque Township, Dubuque County, Iowa, acording to the recorded plat thereof. This area is as shown on the plat atached hereto, and by this reference made a part hereof, the boundaries of said area being out- lined in red thereon. Adjourned Regular Session, September 6, 1996 353 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 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. dans, specifications and forms of ontract for the extension, lighting nd drainage of runway 13-13 and axiway and the securing of addi- ional clear zone easements at the )ubuque Municipal Airport in Du- )uque County, Iowa and for the ,ity of Dubuque, Iowa, be and the tame are hereby approved and con- 1rmed. Passed, adopted and approved this 6th day of September, A.D., 1966. Attest: Walter A. Pregler Mayor M. Sylvester McCauley Eldon A. Pfohl Richard Ludwig Councilmen RESOLUTION NO. 248-66 Leo F. Frommelt, WHEREAS, on the 23rd day of City Clerk August, 1966. at 7:30 o'clock P.M., Mayor Pregler moved adoption Daylight Saving Time, at the Coun- of the resolution. Seconded by cil Chamber in the City Hall in the Councilman McCauley. Carried by City of Dubuque, Iowa, hearing on the following vote: proposed plans, specifications and Yeas — Mayor Pregler, Council - forms and form of contract for the men Ludwig, McCauley, Pfohl. extension, lighting and drainage of Nays—none. runway 13-13 and taxiway and the Absent — Councilman Schultz. securing of additional clear zone easement at the Dubuque Muncipal Airport in the County of Dubuque, Iowa, and for the City of Dubuque, Iowa, came on for hearing in its regular order pursuant to publish- ed notice; and WHEREAS, there were no writ- ten objections nor oral objections to said proposed plans, specifica- tions and form of contract for the extension, lighting and drainage of runway 13-13 and taxiway and the securing of additional clear zone easements at the Dubuque Municipal Airport in Dubuque County, Iowa; and WHEREAS, proof of publication of the notice of time and place of hearing upon proposed plans, spec- ifications and forms of contract for the extension, lighting and drainage of runway 13-13 and taxi- way and securing of additional clear zone easements at the Dubu- que Municipal Airport in Dubuque County, Iowa and for the City of Dubuque, Iowa, was filed showing said notice had been published as set out by the affidavit of publish- er. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL. OF CITY OF DUBUQUE, IOWA: Section 1. That the proposed RESOLUTION NO. 249.66 Restlution Setting Forth Terms of Agreement by and Between Mulgrew Oil Company and the City of Dubuque, Iowa W IiEREAS, pursuant to agree- ment by and between the City of Dubuque, Iowa and Mulgrew Oil Company dated August 30, 1960, Mulgrew Oil Company has con- structed and installed in Asbury Road just west of the J. F. Ken- nedy Road a 12 -inch water main and for which the City of Dubu- que, agrees to pay to Mulgrew Oil Company the sum of $967.04; and WHEREAS, and in consideration of the receipt of payment of $967. 04 from the City of DubhgeuMul- to Mulgrew Oil Company, grew Oil Company foregoes any and all rights to collect from any- one as connection charge to said 12 -inch water main which connec- tion charge was stipulated and pro- vided for in said agreement herq- inabove referred to dated the 6th day of September, 1960; and WHEREAS, the City of Dubuque agrees that when Lot 14 of Block I of Westchester Subdivision in the Pity of Dubuque, Iowa, installed by to the sanitary sewer btulgrew Oil Company pursuant to 351 Adjourned Regular Session, September 6, 1966 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 just west of J. F. Kennedy Road pur- suant to its agreement dated Sep- tember 26, 1960, and the 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 -inch 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 with City of Dubuque, Iowa, dated September 26, 1960. Section 2. That upon payment of said amount of $967.04 by the 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 the 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 I of Westchester Subdivision in the City of Dubuque, Iowa, shall pay a connection charge of 250/490 of the certified cost of -said 8 -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 shall grant unto City of Dubuque, Iowa, a perpetual right and easement in, over and across that portion of the Mulgrew Oil Company property for the installa- tion, maintenance and repair of an 8 -inch sanitary sewer, which 8 -inch sanitary sewer shall be constructed in the northerly limits of Mulgrew Oil Company property, said ease. ment shall 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 S. That the 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 the 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 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 Adjourned Regular Session, September 6, 1966 355 ACCEPTANCE OF PROVISIONS OF RESOLUTION Mulgrew Oil Company of Dubu- que, Iowa, herewith accepts and agrees to be bound by the terms and provisions of the foregoing Resolution, and Mulgrew Oil Com- pany herewith 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, Pfohl. Nays—None. Absent—Councilman Schultz. RESOLUTION NO. 256" BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the following having complied with the provisions of law relating to the sale of Cigar- ettes within tine City of Dubuque. Iowa, be granted a permit to sell Cigarettes and Cigarette Papers within said City. Nana Address Kathleen Wedig, 1399 Jackson St. (Transfer from 399 East 20th St.) Be it further resolved that the bonds filed with 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 the following vote: Yeas — Mayor Pregler, Council- men Ludwig, McCauley, Pfohl. Nays — None. Absent — Councilman Schultz. RESOLUTION NO. 251.66 WHEREAS, applications f or Beer Permits have been submitted to this Council for approval and the same have been examined: NOW THEREFORE, RE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the following applica- tions be granted and licenses be issued upon the compliance with the terms of the ordinances of the City. Name 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. Kohl, 1700 Central Avenue John Cavanaugh, 696 Central Ave- nue Theodore J. Ferring, 385 East 13th Street CLASS "C" BEER PERMIT Thomas A. Oeschger, 815 West 5th Street Randalls Foodarama, Inc., 2600 Dodge Street Playa 20 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 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 Schultz. RESOLUTION NO. 252.66 WHEREAS, applications f or Beer Permits were filed by the within named applicants and they 356 Adiourned Regular Session, September 6, 11166 have received the approval of this Council; and WHEREAS, the premises to be occupied by such applicants were inspected and found to comply with the ordinances of this City and they have filed proper bonds: NOW THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the Manager be and he is hereby directed to issue to the following named applicants a Beer Permit. 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. Kohl, 1700 Central Ave- nue John Cavanaugh, 698 Central Ave- nue Theodore J. Ferring. 3B5 Fast 13th Street CLASS "C" BEER PERMIT Thomas A. Oeschger, 815 West 5th Street Randalls Foodarama, Inc., 2600 Dodge Street Plaza 20 BE IT FURTHER RESOLVED that 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 Richard Ludwig Councilmen Attest: Leo F. Frommelt, City Clerk Mayor Pregler moved adoption of the resolution. Seconded by Councilman McCauley. Carried b3 the following vote: Yeas—Mayor Pregler, Council men Ludwig, McCauley, Pfohl. Nays—None. Absent—Councilman Schultz. the some have been examined, NOW THEREFORE BE IT RE- SOLVED, by the City Council of the City of Dubuque, Iowa, that the following applications be granted and licenses issued upon the compliance with the terms of the IOWA LIQUOR CONTROL ACT—CHAPTER 123—as amend- ed by the 60th General assembly, 1963. Name Address CLASS "C" COMMERCIAL ESTABLISHMENT John Cavanaugh. 698 Central Ave- RESOLUTION NO. 253-66 WHEREAS, applications for Liq- uor Permits have been submitted to this Council for approval and nue Thelma Mardauss, 1091 White Street 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 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 Schultz. RESOLUTION NO. 15466 WHEREAS, applications for Liq- uor Permits were filed by the within named applicants and they have received the approval of this Council, and WHEREAS, the premises to be occupied by such applicants were inspected and found to comply with the State Iaw and all City ordinances relevant thereto and they have filed proper bonds; NOW THEREFORE BE IT RE- SOI.VED by the City Council of Dubuque. Iowa, that the Manager be authorized to cause to be issued to the following named applicants a Liquor Permit. Name Address CLASS "C" COMMERCIAL ESTABLISHMENT John Cavanaugh. 698 Central Ave- nue Thelma Mardauss, 1091 White Street Adjoivned Regular Session, September 6, 15166 357 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 McCauley moved 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 Schultz. There being no further business Councilman Ludwig moved to ad- journ. Seconded by Councilmatf Pfohl. Carried by the following vote: Yeas—Mayor Pregler, Council- men Ludwig, McCauley, Pfohl. Nays—None. Absent—Councilman Schultz. Leo F. Frommelt City Clerk Approved..v.qTI.u4r.Y-..21., 19616 Adopted .... JgD,'Afiku.... U.., 1961 ..................................................... .. . . fir-..y,�....' .... Councilm Attes............................. City Clerk ;355 Special Session, September 8, 1966 CITY COUNCIL OFFICIAL Special Session, September 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- provement of the Airport, 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. Councilman Ludwig moved that the proof of publication be received and filed. Seconded by Mayor Pregler. Carried by the fob 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 then asked for oral bids but none were offered or pre- sented. Mayor Pregler moved that oral bidding be closed. Seconded by Councilman McCauley. Carried bythe following vote: Yeas—Mayor Pregler, Council- men Ludwig. McCauley, Pfohl. Nays—None. Absent—Councilman Schultz. The following sealed bids were received and opened: Purchaser Coupon Rates Premium Dubuque Bank & Trust Co. 4.0% Other Bidders: Becker & Cownie Inc. 4.40% Allan Blair & Co. 4.25% Carlton D. Beh Co. 4.10%, The Northern Trust Co. 4.40 Shearson Hammill & Co. Inc. 4.40 Continental Illinois National Bank & Trust Co. of Chicago 4.20 Commerce Trust Co. Kansas City 4.60 Mercantile Trust Company American Trust & Savings Bk Dubuque, Ia. 4.30 RESOLUTION NO. 255-66 RESOLUTION providing for the sale 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 $100. Effective Rate 3.97612 137.00 4.3673 67.50 4.2338 27.50 4.0034 341.00 4.31856 270,00 4.3355 10.00 4.19761 33.25 4.59205 1.24 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 submitted by none 4)- consisting 4consisting 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 Special Session, Septem1wr 8, 196(; 359 and accrued 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 annum; NOW, THEREFORE. Be It Re- solved by the City Council of the City of Dubuque, 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 purchase of $175,000 Airport Bonds of said City, dated Sel�tember 1. 1966, as advertised, hearing 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 Dubuque 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 the same for and on behalf of the City of Dubuque. Iowa, and to affix the corporate seal of said City thereto. Section 3. That all resolutions or parts of resolutions in conflict herewith be and the same are.. hereby repealed. Passed and approved September 8, 1966. Walter A. Pregler Mayor Attest: Leo F. Frommelt, City Clerk < .. Recorded September 8, 1968^ Leo F. Fromme.lt, City Clerk Councilman McCauley moved adoption of the resolution. See- onded by Councilman Pfohl. Car- ried by the following vote: Yeas—Mayor Pregler, Council- men Ludwig, McCauley, Pfohl. Nays—None. Absent—Councilman Schultz. Council Ludwig moved that the certified checks of the unsuccess- ful bidders be returned. Seconded by Councilman McCauley. Carried by the following vote: Yeas—Mayor Pregler, Council- men Ludwig, 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 Approved ..J4Xlgaxa... Zl19eW, AdoptedJ�nuary a3.....19rZ, ....'...� .. Attest: .............................................. City Clerk 160 Adjourned Special Session, September 12, 1988 CITY COUNCIL OFFICIAL Adjourned Special Session, Sep- 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 Pfohl. Mayor Pregler read the call and stated that service thereof had been duly made and this meeting is an adjourned 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., Municipal 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 the cou- pon rates as specified in the bid, presented and read. Councilman Ludwig moved that the commu- nication be received and filed. Seconded by Councilman Schultz. Carried by the 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,D00 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 Iowa, 1962, the City of Dubuque, Iowa, is authorized to issue its airport bonds for the purpose of improving said airport and in ac• cordance with the request of the Airport Commission and as or- dered by this 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 that the ques- tion of issuing said bonds be sub- mitted to the voters of said City; NOW, THEREFORE, Be It 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 the 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 resepetive facsimile signa- tures appearing on said coupons; and that both principal and inter- est be payable in lawful money of Adjoiirned Special Session, September 12, 1966 361 the United States of America at the office of the City Treasurer in and of the City of Dubuque, Iowa; 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 each of the years 1967 and 1968, and $75,000 on December 1, 1969. 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. Section 2. That each of said bonds be subject to registration as to principal in the name of the holder on the books of the 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: (Form of Bond) UNITED STATES OF AMERICA STATE OF IOWA COUNTY OF DUBUQUE CITY OF DUBUQUE AIRPORT BOND No. $5000 KNOW ALL MEN BY THESE PRESENTS: That the City of Du- buque, in the County 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- til paid at the rate of ------- per cent per annum, payable .lune 1, 1967, and semi- annually thereafter on the first days of December and June in each year, such interest as may accrue ThiF bond is one of an authorized series of bonds numbered from 1 to 35, inclusive, issued by the City of Dubuque purpuant 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 had, 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. 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 380 Adjourned Special Session, September 12, 1966 CITY COUNCIL OFFICIAL Adjourned Special Session, Sep- 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 Pfohl. Mayor Pregler read the call and stated that service thereof had been duly made and this meeting is an adjourned 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 t h e 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., Municipal 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 the cou- pon rates as specified in the bid, presented and read. Councilman Ludwig moved that the commu- nication be received and filed. Seconded by Councilman Schultz. Carried by the 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 theCity 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 Iowa, 1962, the City of Dubuque, Iowa, is authorized to issue its airport bonds for the purpose of improving said airport and in ac- cordance with the request of the Airport Commission and as or- dered by this 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 that the ques- tion of issuing said bonds be sub- mitted to the voters of said City; NOW, THEREFORE, Be It 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 the 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 Session, September 12, 1966 361 the United States of America at the office of the City Treasurer in and of the City of Dubuque, Iowa; 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 each of the years 1967 and 1968, and $75,000 on December 1, 1969. S*ction 2. That each of said bonds be subject to registration as to principal in the name of the holder on the books of the 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: (Form of Bond) UNITED STATES OF AMERICA STATE OF IOWA COUNTY OF DUBUQUE CITY OF DUBUQUE AIRPORT BOND No. $50(10 KNOW ALL MEN BY THESE PRESENTS: That the City of Du- buque, in the County 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- til 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 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 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 had, 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. 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 362 Adjourned Special Session, September 12, 1966 bearer. Registration hereof shall not affect the 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 this 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, all the first day of September, 1966. Mayor of the City of Dubuque, Iowa Attest: City Clerk of the City of Dubuque, Iowa (Form of Coupon) No........... $.......... On................................. 19....... the Treasurer of the City of Dubuque, in Dubuque County, Iowa, will pay to bearer ................ Dollars ($..........) 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) Date of Name of Signature of Regis. Regis. Owner City Treas. ............ .................... .................... On the back of each bond there shall be endorsed a certificate of the City Treasurer in the follow- 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 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. All action and proceedings heretofore taken in connection 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 ta:c sufficient fo; 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 the year 1967 a tax suffi- cient to produce the sum of $55,000 for principal and interest; For the year 1968 a tax suffi- 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 collection 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 1968, Adjourned Special Session, September 12, 1966 363 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 the 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 of said City and set aside therein as a special account to he 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. Passed and approved September 12, 1966. Walter A. Pregler Mayor Leo F. Frommelt City Clerk Recorded September 12, 1966. Leo F. Frommelt City Clerk- Councilman lerkCouncilman 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 es: COUNTY OF DUBUQUE I, Harold P. Meloy, County Au- 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 the 12th day of September, 1966, and ap proved by the Mayor on the 12th 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 or file in my records. WITNESS my hand and thi County Seal hereto affixed at Du buque, Iowa, this 13th day of Sep- tember, 1966, Harold P. Meloy (SEAL) County Auditor September 12, !966 To the Honorable Mayor and Members of the City Council Gentlemen: I herewith submit to you the re- ports of the Health 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, McC3111ey, Schultz. Nays—None. Absent—Councilman Pfohl. September 12, 1966 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 the 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 Schultz, 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 the following vote: 384 Adjourned Special Session, September 12, 1988 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 Schultz. 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, McCauley, Schultz. 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. 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 Pfobl. Proof of Publication, certified to by the Publisher, 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. 23966 Whereas, proposed pians, specifi- cations, form of contract have been duly prepared and approved by the 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 _0" Adjourned Special Session, September 12, 1988 38.5 owners at the time of the final con- sideration of this proposed resolu- i tion have on file with the City a Clerk objections to the amount of 1 the cost of improvement, they shall I 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 the City Clerk. That the 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 12th 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. September 12, 1966 To the Honorable Mayor and City Council Gentlemen: Pursuant to your instructions, sealed bids were received until 10:00 A.M., Monday, September 12, 1966 for the 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 Mayor Pregler moved that the ecommendation of the City Man- ger be approved. Seconded by 'ouncilman Schultz. Carried by he following vote: Yeas — Mayor Pregler, Council - nen 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 & Main Street, pursuant to Resolution No. 239-66 and notice to bidders published in a newspa- per published in said City on Au- gust 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 pians 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. Passed and adopted this 12th day of September, 1966. Walter A. Pregler Mayor M. Sylvester McCauley Merlin F. Schultz Richard Ludwig Councilmen Attest: Leo F. Frommelt City Clerk Councilman Ludwigmoved adop- tion of the resolution. Seconded by loe 366 Adjourned Special Session, September 12, 1966 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 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- bury, Avalon, Bunker Hill Road, Carter Road, Kane, Kaufmann, Mineral, Pennsylvania, St. George, St. Joseph, 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 August 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 Pfohl. Petition of Helen Corwin of 327( Pennsylvania Avenue objecting t( putting in sidewalks along hei property, due to the insufficien amount of pedestrians that woul< use the walk, presented and read Councilman Ludwig moved tha 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. & Rosalyi Carris objecting to installation o a portion of sidewalk along Bur ker Hill Road where it abuts Lc of the Sub. of Lots 140, 141 and 42 Finley Addn. presented and ead. Councilman Ludwig moved hat the petition be received and iled. Seconded by Mayor Pregler. tarried by the following vote: Yeas — Mayor Pregler, Council - nen Ludwig, McCauley, Schultz. Nays—None. Absent—Councilman Pfohl. Petition of Joseph Vogt Jr. ob- ecting to the installation of side. valk along Kane Street where it ;buts Lot 1 of 163 of L. H. Lang - worthy's Addn. and lots 1, 3, 4 and i of Joseph Vogt Sub. No. 2, pre- ;ented and read. Councilman Lud. Nig moved that the petition be re- xived and filed. Seconded by Ma. vor 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 abuts Lot 139 Finleys 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 the follow- ing vote: Yeas — Mayor Pregler, Council- men Ludwig, McCauley, Schultz. Nays—None. Absent—Councilman Pfohl. 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: Yeas — Mayor Pregler, Council- men Ludwig, McCauley, Schultz. Nays—None. Absent—Councilman 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 behalf of Wilfred & Mary Nestor, by stating that the property contemplated for the construction of the proposed sidewalk does not belong to the City, also there are utility poles and Adjourned Special Session, September 12, 1966 367 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 stating that 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 bluff. Some negotiation has been going on with the Park Board to use the area as an entry into the 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 the 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, Council- men Ludwig, McCauley, Schultz. Nays — None. Absent -- Councilman Pfohl. RESOLUTION NO. 258-6 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 the same is hereby amended by deleting the following portions of the following named sidewalks therefrom: BUNKER HILL ROAD Joseph 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 Arthur & 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 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 ,Ton 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 Grove Addition Lot 2-2-4, Oak Grove Addition THEDA DRIVE Thos. 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 Hirsh, Lot 587, Lenox Addition Mrs. Earl Shaffer, Estate, Lot 480 & Lot 479, Lenox Addition Cecelia E. Kass, Lot 121, Lenox Addition Passed, adopted and approved this 12th day of September 1966. Walter A. Pregler Mayor M. Sylvester McCauley Merlin F. Schultz Richard Ludwig Councilmen Attest: Leo F. FYommelt, 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 upon 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 have been approved by the City Council of the City of Dubuque and public notice given as provided by Chapter 23 of the Code of Iowa, 1962, pertaining to 368 Adjourned Special Session, September 12, 1966 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 the 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. Passed, adopted and approved this 12th 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 Pfohl. (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 to be as- sessed together with a valuation fixed by the council. 4. An estimate of the cost of the proposed improvement, stating the same for each different type of con- struction and kind of material to be used. 8& 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, St. George Street, St. Joseph Street, Theda 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- Adjourned Special Session, September 14 1966 369 erty will be assessed whether the s same abuts thereon or is adjacent 1 thereto according to area and in t proportion to the special benefits conferred thereby, and any defic- f iency shall be paid out of the Side- s walk Improvement Account No. 137. Bonds shall be issued and sold t in anticipation of deferred pay- t 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 August, 1966. RECORD OF FINAL ADOPTION The foregoing resolution was Finally passed and adopted, as amended, by the City Council this 12th day of September 1966. Walter A. Pregler Mayor M. Sylvester McCaule\' Merlin F. Schultz Richard Ludwig Councilmen Attest: Leo F. Frommelt, City Clerk Councilman Ludwig moved final 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. (Ordering Construction) RESOLUTION h0. 260.66 Be It Resolved by the Cite Coun- cil of the City of Dubuque that pursuant to a resolution of neces- sity No. 230.66 which 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 aid improveents be paid for by evyinm g special assessments against he privately owned property lying within the assessable distance rom the improvements, whether uch property abut upon the same or are adjacent thereto, according o the area thereof and in propor- ion 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 the City Council. Be It Further Resolved that the City Clerk be and he is hereby or- dered and directed to advertise for proposals for the construction of the various improvements 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 Further Resolved that this resolution being deemed urgent and of immediate necessity shall be in force and effect from and after its passage and adoption by the City Council. Passed, adopted and approved this 12th 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 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 the E.P.L. 388 Adjourned Special Session, September 12, 1966 public contracts and bonds, and I (Nocessitr for Improvement) RESOLUTION NO. 230.66 the time and place fixed for the all objections to said WHEREAS, proposed plans, spec - hearing of plans, specifications or contract for improvements, said ifications, form of contract, plat and schedule have been duly pre - or cost of such day Septem- I pared and approved by the City time being this 12th of Council of the City of Dubuque and ber, 1966; and WHEREAS, the City Council met are now on file in the office of the in special session this 12th day of City Clerk showing among other September, 1966, at 7:30 o'clock things the following: 1. The streets to be improved. P.M. at the Council Chambers in the City Hall for the purpose of 2. The width of such improve - hearing all interested parties and ment, and the size and kind of sew - considering any and all objections ers. which have been filed to the pro- 3. Each lot proposed to be as - posed plans, specifications or con- sessed together with a valuation tract for or cost of the improve- fixed by the council. ment herein described and propos- 4. An estimate of the cost of the ed to be made; and proposed improvement, stating the WHEREAS, all interested parties same for each different type of con - have been given an opportunity to struction and kind of material to be heard and all objections which be used. have been duly weighed and con- & In each case the amount sidered; now, therefore thereof which is estimated to be BE IT RESOLVED by the City assessed against each lot, for the Council of the City of Dubuque, City of Dubuque 1966 Sidewalk that all objections which have been Project No. 1 at various locations made and filed to the plans, spec- on the following named streets: ifications, contract for or cost of Asbury, Avalon Road, Bunker Hill said improvement herein described Road, Carter Road, Kane Street, and proposed to be made, be and Kaufmann Avenue, Mineral Street, the same hereby overruled and Pennsylvania Avenue, St. George such plans, specifications and Street, St. Joseph Street, Theda form of contract heretofore approv- Drive, Trygg Drive, Martin Drive, ed are hereby adopted. Van Buren Street. BE IT FURTHER RESOLVED BE IT THEREFORE RESOLVED that this resolution containing the that the City Council on its own decision of this Council upon all motion or upon petition of prop - objections which have been filed erty owners, deems it advisable and to the plans, specifications and necessary for the public welfare form of cost said improvement be to make the herein mentioned im- made a matter of permanent record provement, and unless property in connection with said improve- owners at the time of the final con- ment, sideration of this proposed resolu- Passed, adopted and approved tion have on file with the City this 12th day of September, 1966. Clerk objections to the amount Walter A. Pregler of the proposed assessments, they Mayor shall be deemed to have waived all M. Sylvester McCauley objections thereto. Merlin F. Schultz Said improvement shall be con - Richard Ludwig strutted and done in accordance Councilmen with the plans and specifications Attest: which have been prepared therefor Leo F. Frommelt, by the City Engineer which have City Clerk been approved by the City Council Mayor Pregler moved adoption and are now on file with the City of the resolution. Seconded by Clerk. That the cost and expense of Councilman McCauley. Carried by making said improvement will be the following vote: assessed upon and against all pri- Yeas — Mayor Pregler, Council. vately owned property lying within men Ludwig, McCauley, Schultz. assessable distance provided by law Nays — None. and in an amount not to exceed Absent — Councilman Pfohl. the amount provided by law, prop- Adjourned Special Session, September 12, 1966 369 erty will be assessed whether the s same abuts thereon or is adjacent 1 thereto according to area and in t proportion to the special benefits conferred thereby, and any defic- f iency shall be paid out of the Side walk Improvement Account No. 137. Bonds shall be issued and sold t in anticipation of deferred pay- 1 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 August, 1966. RECORD OF FINAL ADOPTION The foregoing resolution was ;finally passed and adopted, as amended, by the City Council this 12th day of September 1966. Walter A. Pregler Mayor M. Sylvester 11icCauley Merlin F. Schultz Richard Ludwig Councilmen Attest: Leo F. Frommelt, City Clerk Councilman Ludwig moved final 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. (Ordering Construction) RESOLUTION k0. 260.66 Be It Resolved by the City Coun- cil of the City of Dubuque that pursuant to a resolution of neces- sity No. 230.66 which was duly passed by this Council, for the construction of City of Dubuque 1966 Sidewalk Project No. I 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 aid improvements be paid for by evying special assessments against he privately owned property lying Y the assessable distance rom the improvements, whether such property abut upon the same or are adjacent thereto, according o the area thereof and in propor- ion 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 the City Council. Be It Further Resolved that. the City Clerk be and he is hereby or- dered and directed to advertise for proposals for the construction of the various improvements 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 Further Resolved that this resolution being deemed urgent and of immediate necessity shall be in force and effect from and after its passage and adoption by the City Council. Passed, adopted and approved this 12th 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 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 the E.P.L. 370 Adjourned Special Session, September 12, 1966 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 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. 1 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 Ludwig, 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, 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 behalf of the City of Dubuque for the complete per- formance 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. Passed and adopted this 12th 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 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 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 the proof of publication 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 To the Honorable Mayor 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 Dubuque 1966 Kelly Lane Water Main Project No. 1. Adjourned Special Session, September 12, 1966 371 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. 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, Council- men Ludwig, McCauley, Schultz. Nays — None. Absent ---- Councilman Pfohl. (Awarding Contract) Passed and adopted this 12th 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 Coun- cilman Schultz. Carried by the following vote: Yeas — Mayor Pregler, Council- men Ludwig, McCauley, Schultz. Nays—None. Absent — Councilman Pfohl. RESOLUTION NO. 26366 BE IT RESOLVED by the City RESOLUTION NO. 262.66 Council of the City of Dubuque, WHEREAS, sealed proposals Iowa, that the following having have been submitted by contractors complied with the provisions of law for the relisting 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. Name Address Orval D. Rogers, 678 Central Av- enue BE IT FURTHER RESOLVED that the bonds filed with the appli- cation be approved. Passed. adopted and approved this 12th day of September, 1966. Walter A. Pregler Mayor M. Sylvester McCauley Merlin F. Schultz Richard Ludwig Councilmen 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 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 the amount of $44,426.50 was the lowest bid for the furnishing of all labor and materials and perform- ing the work as provided for in the plans and specifications; now therefore, BE IT RESOLVED by the City Council of the City of Dubuque that the contract for the above 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. BE IT FURTHER RESOLVED, that upon the signing of said con- tract and the approval of the con- tractors bond the City Treasurer is authorized and instructed to re- turn the bid deposits of the unsuc- cessful bidders. Attest: Leo F. Frommelt, City Clerk Councilman McCauley moved ad- option of the resolution. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Mayor Pregler, Council- men Ludwig, McCauley, Schultz. Nays—None. Absent — Councilman Pfohl. RESOLUTION NO. 264.66 WHEREAS, applications for 13ee r 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 372 Adjourned Special Session, September 12, 1966 Iowa, that the following applica- tions he 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. Bowen, 8th & Central Avenue Cyril Meitl, 1555 Central Avenue CLASS "C" BEER PERMIT Kenneth J. Osterhaus, 744 Alain Street Passed, adopted and approved this 12th 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 — Alayor Pregler, Council. men Ludwig, McCauley, Schultz. Nays—None. Absent—Councilman Pfohl. 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, the premises to be occupied by such applicants were inspected and found to comply with the ordinances of this City and they have filed proper bonds: NOW THEREFORE, BE IT RE. SOLVED by the City Council of the City of Dubuque, Iowa, that the Manager be and he is hereby directed to issue to the following named applicants a Beer Permit. CLASS "B" BEER PERMIT Orval D. '-Rogers, 678 Central Ave- nue Robert J. Bowen, 8th & Central Avenue Cyril Meitl, 1555 Central Avenue CLASS "C" BEER PERMIT Kenneth J. Osterhaus, 744 Main Street BE IT FURTHER RESOLVED that the bonds filed by such appli. cants be and the same are hereby approved. Passed, adopted and approved this 12th day of September, 1966. Walter A. Pregler Mayor M. Sylvester McCauley Alerlin F. Schultz Richard Ludwig Attest: Leo F. Frommelt City Clerk Mayor Pregler moved adoption of the resolution. Seconded by Councilman McCauley. Carried by the following vote: Yeas —Alayor Pregler, Council- men Ludwig, McCauley, Schultz. Nays—None. Absent—Councilman Pfohl. RESOLUTION NO. 266166 WHEREAS, applications for Liq- uor Permits have been submitted to this Council for approval and the same have been examined. NOW THEREFORE BE IT RE. SOLVED by the City Council of the City of Dubuque, Iowa, that the following applications be granted and licenses issued upon the compliance with the terms of the IOWA LIQUOR CONTROL ACT—CHAPTER 123—as amend. ed by the 60th General Assembly, 1963. CLASS "C" COMMERCIAL ESTABLISHMENT Leo B. Grass, 1105 University Ave- nue Passed, adopted and approved this 12th 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 Pfohl. RESOLUTION NO. 26766 WHEREAS, applications for Liq- uor Permits were filed by the within named applicants and they have received the approval of this Council, and Adjotirned Special Session, September 12, 1988 373 WHEREAS, the premises to be occupied by such applicants were inspected and found to comply with the State Law and all City ordinances relevant thereto and they have filed proper bonds; NOW THEREFORE BE IT RE- SOLVED by the City Council of Dubuque, Iowa, that the Manager be authorized to cause to be is- sued to the following named appli. cants a Liquor Permit. CLASS "C" COMMERCIAL ESTABLISHMENT Leo B. Grass, 1105 university Ave. nue Passed, adopted and approved this 12th day of September, 1988. Walter A. Pregler Mayor M. Sylvester McCauley Merlin F. Schultz Richard Ludwig Councilmen 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—Councilman Pfohl. 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 Approved January Adopted ..JAMOZY...2 198 . ....... _................. __ a.... .. .. ......... ..... Coun I Attes.......................... Ci Clerk 374 Special Session, September 19, 1966 CITY COUNCIL OFFICIAL Special Session, September 19, 1966. Council met at 7:30 P.M. (D.S.T.) Present — Mayor Pregler, Coun. cilmen Ludwig, McCauley, Pfohl, Schultz. City Manager Gilbert D. Chavenelle. Mayor Pregler read the call and stated that service thereof had been duly made and this soeeti con. called for the purpose 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 roject; Amend- ment dated September 9, 1966 to contract for certain appraisal ser- vices dated February 8, 1966 with S. DeWayne Guernsey;—Amend- ment uernsey; 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, Council- men Ludwig, McCauley, Pfohl, Schultz. Nays — None. September 19, 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 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. Chavenelle, 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, Schultz. Days—None. September 9, 1966 Honorable Mayor and City Council Gentlemen: Re: Katharina Mayr On January 27, 1965, Mrs. Kath- 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 do 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- ine 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. Special Session, September 19, 1966 375 Original claim is attached hereto. Respectfully submitted, I R. N. Russo, City Attorney Councilman Pfohl moved that the recommendation of the City 1 Attorney be approved. Seconded by 1 Councilman Ludwig. Carried by the following vote: Yeas — Mayor Pregler, Council- men Ludwig, McCauley, Pfohl, Schultz. Nays — None. September 12, 1966 Hon. Mayor & City Council Re: Thomas Joseph Tressel a minor Gentlemen: On September 21, 1985, Paul 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 the 21st day of Sep- tember, 1985, 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 submitted, R. N. Russo City Attorney Mayor Pregler moved that thf: recommendation of the City attor ney be approved. Seconded b� Councilman McCauley. Carried b; the following vote: Yeas — Mayor Pregler, Coun cilmen Ludwig, McCauley, Pfohl Schultz. Nays -- None. ORDINANCE NO. 46.66 AN ORDINANCE REGULATING ,RIVEWAYS AND ENTRANCES 0 PART OF PRIMARY ROAD r. S. NO. 20, BEING THE INTER- ECTION OF THE EAST PROP- :RTY LINE OF BRUNSKH.L LOAD AND U. S. 20 WHICH IS iTATION 2387+2 EASTERLY TO RATION 2387+64, BEING THE :ASTERLY PROPERTY LINE EX- PENDED TO LOT 1 OF LOT 1 OF iARW00D PLACE IN DUBUQUE TOWNSHIP, DUBUQUE COUNTY, VOW IN THE CITY OF DUBUQUE, [OWA, 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, Schultz. 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, Schultz. Nays — None. ORDINANCE NO. 41146 AN ORDINANCE REGULATING DRIVE- WAYS AND ENTRANCES TO PART OF PRIMARY ROAD U. S. N0, 20• BEING THE INTERSECTION OF THE EAST with Ine buoue., Iowa of Part of Prig 20 being the Intersection arty tine of Brunskill Road being station 2367..02 east exle'� of LotthI o1 sLott erten Place in Wu n theTCIty Countylthe, City Ccancil hi Iowa, upon the from the Hig _ion o1 hated GG . Mr access un er 376 Special Session, September 19, 1966 Passed, adopted and approved this 19th day of September, 1966. Walter A. Pregler Attest: Lw F. Froinrrielt- City Clerk Published offically In The Telegraph - Herald this 7th day of October 1966. Leo F. Frommel, lt. 10.7 City Clerk. 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, Schultz. 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 vole: 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, Schultz. 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, Coun- cilmen Ludwig, McCauley, Pfohl, Schultz. Nays — None. Petition of Peoples Natural Gas requesting permission to excavate at 460 Loras Blvd., presented and read. Councilman Schultz moved that the petition be granted. Sec- onded by Councilman Ludwig. Car. ried by the following vote: Yeas — Mayor Pregler, Coun- cilmen Ludwig, McCauley, Pfohl, Schultz. 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 the following vote: Yeas — Mayor Pregler, Coun. cilmen Ludwig, McCauley, Pfohl, 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, Coun. cilmen Ludwig, McCauley, Pfohl, Schultz. 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. 4066 AN ORDINANCE VACATING PORTION OF DECATUR STREET LYING IMMEDIATELY EAST OF GARFIELD AVENUE AND HERE- AFTER 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. -"Rau. Special Session, September 19, 19667 377 ORDINANCE NO. 40-66 OF DEDCIATURE?STRFCEAEGTINLYNGTION IM 0 NUL MEDIATFLY TOFBELKAVE- NOWN 0 AND DESCRIBED AS LOT 122A IN E HAM'S ADDITION IN THE CITY OF DUBUQUE, IOWA. t WHE EAS, by written petition John t `oto R Son have petitioned the City Ouocll for the vacation Of that Portion of Decatur Street lying last of Garfield 1 Avenue and platted and described as , Lot 122A In Hem's Addition In the City i of Dubuque, Iowa; end WHEREAS, the Planning 6 Zoning Commission of the City cf Dubuque, Iowa, tion o1 Decaattur Sl rretc aslon of same serveshat , no i De - public ourpose and which Portion 01 De- catur Street is described as Lot 1T2A In Ham's Addition In the City of Dubuque. town; and WHEREAS, it would serve the best Pub- lic Interest that the portion of Decatur street Iving east of Garfield Averue and lions In thescitvt of20ubin oue, Iowa dbe vacated. NOW THEREFORE BE IT ORDAIN- CIDTYBOFTDUB000E, JOWA, OF THE 59010" 1. That the Portion of Decatur Street lying east of Garfield Avenue A In Nam Addition Slnlle City Lot of Dubuoue, IGSicllon L That and the same is Plat ofthe �ation of Decatur Street Wmy er9f ofanaGarfield Per Avenue dal M June 29 Pared by John L. White, PrOflSSiOhal inglnepr and land surveyor Dt and the flame IS hereby aPProVed and the Mayor andodle, be ary thev are hereby auth- Mr nrW non diDlha It of CItK of Dubuque, Iowa. 19th dev o}adopted br optemnd1966Proved this Walter A. Pregler M1vyor M. Sylvester McCauley Merlin FSchultz Eldon A. Pfohl Richard Ludwig Councilmen Attest Leo F Frommelt City Clerk published officially In The Telegraph Her Id NewsPaPer this 22nd day of S" tem r 1966 Leo F. Frommelt City Clerk 1t 9.n Councilman Pfohl moved final adoption of the Ordinance. Second- ed by Mayor Pregler. Carried by the following vote: Yeas — Mayor Pregler, Coun- cilmen Ludwig, McCauley, Pfohl, Schultz. Nays — None. Proof of Publication, certified to by the Publisher, of Notice of 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 rented and read. Councilman Ludwig moved that proof of publication be recMeiivei and filed. Seconded by' Pregler. Carried by the foliowint vote: Yeas --- Mayor Pregler, Cour oilmen Ludwig, McCauley, Pfoh' Schultz. Nays -- None. Petition of R. J. Taylor, owner I property at 1692 Garfield Ave., bjecting to the proposed vacation n sale of Decatur street so that ,e south end of the alley along he tracks between Hamilton and ►ecatur streets be accessible, pre- ented and read. Councilman 'fOhl moved that the petition be eceived and filed. Seconded by 'ouncilmain Ludwig. Carried by the ollowing vote: Ycas— Mayor Pregler, Coun- �ilmen Ludwig, McCauley, Pfohl, Schultz. 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, Schultz. 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 the other end of the 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: Coun- cilmen — Mayor Pregler, oilmen Ludwig, McCauley, Pfohl, Schultz. Nays — None. RESOLUTION N0. 269*66 Wl1EREAS, 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 the 19th day of September, 1966, at 7:30 P.M. Daylight Saving Time in the City Council Cham be in the City to consider the proposal to dispose of interest in and to Lot 122A in ham'sAddition in the City of Du- buque. Iowa, to John Luber; and VI'HFJ1EAS, City Council of City Of Dubuque, 10wa, overruled any 378 Special Session, September 19, 1966 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 CITY OF DUBUQUE, IOWA: Section 1. That conveyance of Lot 122A in Ham's Addition in the 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 the 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 this 19th day of September, 1966. Walter A. Pregler Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Richard Ludwig Councilmen Attest: Leo F. Frommelt City Clerk Councilman McCauley moved adoption of the resolution. Second- ed by Councilman Ludwig. Carried by the following vote: Yeas — Mayor Pregler, Coun- cilmen Ludwig, McCauley, Pfohl, Schultz. Nays — None. RESOLUTION NO. 269.66 RESOLUTION Approving Plat of Block 12 in "River Front Subdivi- sion No. 3 WHEREAS there has been filed with the City Clerk a plat in which is platted as Lots 1 and 2 of Sub. of Block 12 in River Front Subdi. vision No. 3 in the City of Du- buque, Iowa and, 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: Section 1. That the above de- scribed plat be and the same is hereby approved and the Mayor and Clerk be and they are hereby authorized and directed to endorse the approval of the City upon said plat. Passed, adopted and approved this 19th day of September A.D., 1966. Walter A. Pregler Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Richard Ludwig Councilmen Attest: Leo F. Frommelt City Clerk Mayor Pregler moved adoption of the resolution. Seconded by Councilman McCauley. Carried by the following vote: Yeas — Mayor Pregler, Coun- cilmen Ludwig, McCauley, Pfohl, Schultz. Nays — None. Proof of Publication, certified to by the Publisher, of notice of 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. 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, Coun- cilmen Ludwig, McCauley, Pfohl, Schultz. Nays — None. Special Session, September 19, 1986 379 RESOLUTION NO, 270-6 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 Chamber, 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 I,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 Thermolyne Corporation. NOW THEREFORE BE IT RE- SOLVED by the City Council of City of Dubuque, Iowa: S*elon t. 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 the sum of $3,500.00 Per acre be and the same is hereby ap- proved, subject to the following terms and conditions: a) Th e r m o l y n e Corporation shall erect and construct a building not less than 21,600 square feel within 12 months of delivery of deed convey- ing the property hereinabove described by City of Du- buque, Iowa to Thermolyne Corporation; b) 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- ing "restricted industrial district." c) City of Dubuque reserves and retains a perpetual right and casement 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 Richard Ludwig Councilmen Attest: Leo F. Frommelt City Clerk Councilman Ludwig moved adop- tion of the resolution. Seconded by Councilman McCauley. Carried by the following vote: Yeas — Mayor Pregler, Coun- cilmen Ludwig, McCauley, Pfohl, Schultz. Nays—None. RESOLUTION NO. 271-6 BE IT RESOLVED by the City Council of the City of Dubuque, low,, 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. Inc., Mt. St. Bernard Seminary, 2360 Carter Road (Effective Oct. 1, 1966) 380 Special Session, September 19, 1966; May's Drug Store #204, Judson & Asbury Streets (Effective Oct. 1, 1966) BE IT FURTHER RESOLVED that 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. Schultz Eldon A. Pfohl Richard Ludwig Councilmen 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, Coun-. cilmen Ludwig, McCauley, Pfohl Schultz. Nays—None. 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 the fol- lowing vote: Yeas — Mayor Pregler, Coun- cilmen Ludwig, McCauley, Pfohl, Schultz. Nays—None. There being no further business Councilman McCauley moved to adjourn. Seconded by Councilman Pfohl. Carried by the following vote: Yeas — Mayor Pregler, Coun- cilmen Ludwig, McCauley, Pfohl, Schultz. Nays—None. I.eo F. Frommelt City Clerk Approved .J.o.nuafi.Y... 2.3 .... 1,-4. Adopted JF3 Awl ry...�3.......1961. �-. _ .............. v i� ./.. ............. — - Councilme�i�' Attest:- .................................... City Clerk Special Session, September 26, 1966 381 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, Schultz. City Manager Gilbert D. Chavenelb. 11ayor 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 the City's share of cost and acting; upon such oth- er business as may property come before a regular meeting of the City Council. Nay --None. September 26, 1966 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. Chavenelle 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, Coun- cilmen Ludwig, McCauley, Pfohl, Schultz. Nays—None. September 26, 1966 To the Honorable Mayor and City Council Gentlemen: I herewith submit the reports of the City Auditor, City Treas- urer, Nater Works and the Health Department for the month of Au- gust 1968, as well as a list of claims and payrolls for which war- rants arrants 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 the following vote: yeas _ Mayor Pregler, COU11- oilmen Ludwig, McCauley. Pfuhl - 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 the month of August 1966, twe sented and read. Councilman Pfohl moved that the proof of pub- lication be. received and filed. Sec- onded by Councilman Ludwig. Carried by the fallowing vote: Yeas — Mayor Pregler, Coun- cilmen Ludwig, McCauley, Pfohl Schultz. September 6, 1966 Hon. Mayor & City Council Re: 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 behalf 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 injuries allegedly suf- 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, lowa, 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 omcnendation of the City Attorney at the offer of behalf of Adele settlement oLeiser Hauden- shield in the amount ofAuditor be 350.00 be accepted and the City instructed to draw a warrant pay- able to Adele I,esicr Haudenshield and transmit the sam lain Attorney for delivery to the 382 Special Session, September 26, 1966 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- tached. Respectfully submitted, 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, Schultz. 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- men Ludwig, McCauley, Pfohl, Schultz. Nays—None. Petition of Helen Corwin of 3276 Pennsylvania Avenue object- ing to the procedure used in her particular case as to the construe tion of a sidewalk in conformance to the 1966 sidewalk program, pre sented and read. Councilman Me Cauley moved that the petition be received and filed. Seconded b Councilman Schultz. Carried b the following vote: Yeas — Mayor Pregler, Coun cilmen Ludwig, McCauley, Pfohl Schultz. Nays—None. y y 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 Ccuncil 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, Coun- cilmen Ludwig, McCauley, Pfohl, Schultz. 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 the fol- lowing vote: Yeas — Mayor Pergler, Coun- cilmen Ludwig, McCauley, Pfohl, Schultz. 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 the 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, that the larger share of the costs of such erection, construction of said flood 7 Special Session, September 26, 1966 383 control plan will be borne by the Mayor Pregler moved that the United States of America and that resolution be received and made a the share of the cost of such im- matterof record. Seconded by provement to be borne solely by Councilman McCauley. Carried by the City of Dubuque, Iowa, is es- the following vote: timated to be in the amount of oneYeas — Mayor Pregler, Coun- million ($1,000,000.00) dollars; and cilmen Ludwig. McCauley, Pfohl, WHEREAS, the Board of Dock Schulte. Commissioners of the City of Du- Nay _None. buque, Iowa, consider that the fi- RESOLUTION NO. 272-66 nancing of the costs of such flood WHEREAS. the Flood Control control plan to be borne by the Plan has been under study by the City of Dubuque, Iowa, should be City of Dubuque. Iowa, for many, made by issuance of general ob- many years past; and ligation bond: and WHEREAS, it appears that the WHEREAS, the City Council of flood control plan for the City of City of Dubuque, Iowa, should be Dubuque, Iowa, as prepared and petitioned and requested that it contemplated by the U.S. Army issue general obligation bond in Corps of Engineers is close to the principal amount of $1,000.000 completion; and .00 to pay for the City's share of WHEREAS, it appears that ac- the cost of the installation and con- cording to the flood control plan struction of said flood control of the U.S. Army Corps of Engi- plan, neers that the share of the costs NOW THEREFORE Be It Re. of said flood control plan to be solved by the Board of Dock Com- borne by the City of Dubuque, missioners of the City of Du- Iowa, is in the amount of $1,000,- buque, Iowa: Section 1. That the City Council 000.00: and WHEREAS, it is necessary that in order to finance the portion of of City of Dubuque, Iowa, consider costs to be borne by the City of the need for the erection and con. Iowa, in the amount of Dubuque, IoIo struction of a flood control plan as presently contemplated by the $1000000 should be financed by the issuance u general obl U. S. Army Corps of Engineers and that the City Council of the tion bonds. NOW THEREFORE BE IT RE City of Dubuque, Iowa, approve SOLVED by the City Council of such proposed improvement and the City of Dubuque, Iowa: that the City Council of City of Dubuque, lows, approve the amu-Section Section 1. That the present flood by the ance of general obligation bonds in the amount of $1.000, plan as proposed U.S. Army Corps of Engineers in the principal 000.00 to pay for the City's share which will be completed ewhl protectthe near future of the cost of said improvement the City Council of City very public safety, health and and that of Dubuque, Iowa, initiate the nec. of the inhabitants of this commun- essary proceedings for the approv- al of the proposed improvements ity. Section 2. That in order to h- and initiate immediately proceed nance the share of the costs of plan to be borne ings for the issuance by the City such flood control City of Dubuque, Iowa, in Council of City of Dubuque, Iowa, bonds in the by the the amount of $1,000,000.00 gen. is- of general obligation principal amount of $1,000,000.00. eral obligation bonds should be Passed, adopted and approved sued accordingly. 3. That the City Man- this 23rd day of September, 1966. Section of the City of Dubuque, Iowa, Vincent J. Kaiser ager be and lie is hereby authorized and Chairman directed to institute the necessary Don Mueller and proceedings for action Joe R. Voelker steps of the City Council of City of Du- Board of Dock buque, Iowa, for the purpose of bonds Commissioners issuing general obligation $1,000,000.00 to Attest: Don Muellers in the amount of hare the share of the costs of Secretary -.rib 384 Special Session, September 26, 1966 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 forthwith. Passed, adopted and approved this 26 day of September, A.D.. 1966. Walter A. Pregler Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Richard Ludwig Councilmen Attest: Leo F. Frommelt City Clerk Councilman Ludwig moved adop- tion of the resolution. Seconded by Councilman McCauley. Carried by the following vote: Yeas — Mayor Pregler, Coun- cilmen Ludwig, McCauley, Pfohl, Schultz. Nays—None. September 26, 1966 To the Honorable Mayor and City Council Memorandum: Dubuque Flood Control Project Gentlemen: The following is a brief sum- mary of the proposed flood control program. 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 the flood control bonds be authorized at this time but that the 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 5. November '66 April '67 a) Secure rights of way and permits 6. Council Meeting, February 13, 1967. a) Authorize notice of sale of bonds 7. Publish Notice of Sale, Feb- ruary 14 and February 21 8. Sell Bonds, March 4 9. Deliver Bonds, March 23 10. Make Payments and deliver agreements and permits to Corps of Engineers, March 31 11. Corps of Engineers, April 3 a) Advertise for construc- tion bids 12. Corps of Engineers, May 17 a) Let Contract 13. Contractor a) Start construction III. ESTIMATE OF LOCAL SHARES COSTS (as of August, 1966) STAGE I $172,000 STAGE II 2.000 STAGE III 38,000 $212,000 Rights of Way & Damages $615,000 $827.000 Also there will be legal, admin- istrative and probable other local share costs during the three or 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, Coun- cilmen Ludwig, McCauley, Pfohl, Schultz. Nays—None. To the Honorable Mayor and City Council Gentlemen: This is to advise you that the City of Dubuque 1966 Bituminous Concrete Paving Project No. 1 has been completed in accordance with the City of Dubuque plans and specifications. 7 Special Session, September 26, 19M 385 I, therefore, recommend the ac- ceptance of the above named proj- ect. 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, Coun- cilmen Ludwig, McCauley, Pfohl, Schultz. Nays—None. FINAL ESTIMATE RESOLUTION NO. 273.66 WHEREAS, the contract for the City of Dubuque 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 rr RESOLVED, by the City Council of the City of Dubuque, 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 the 1351 Road Use Tax Fund of the City of Du. buque. Passed, adopted and approved this 26th day of September, 1966. Walter A. Pregler M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Richard Ludwig Councilmen 'Illy 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 Cite 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 the 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. BE IT FURTHER RESOLVED, that the City Treasurer be and he 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 26th day of September, 1966. Walter A. Pregler Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Richard Ludwig Attest: Councilmen Leo F. Frommelt City Clerk Councilman Ludwig moved adoption of the resolution. Second- ed by Councilman McCauley. Car- ried by the following vote: Yeas — Mayor Pregler, Coun- cilmen Ludwig, McCauley, Pfohl, Schultz. Nuys ___None. (A Resole -tion Accepting Improve- ment and Directing the Clerk to Publish Notice.) RESOLUTION NO. 27466 WHEREAS, the contract for the Attest: Leo F. Frommelt City Clerk Councilman Pfohl moved adop- tion of the resolution. Seconded by Councilman McCauley. Carried by the following —Mayor vote: yeas Coun- cilmen Pfohl, oilmen Ludwig, McCauley, Schultz. Nays—None. RESOLUTION NO. 275.66 13F IT RESOLVED by the City ('ouncil of the City of Dubuque, 386 Special Session, September 26, 1966 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. Bessie Sfikas, 2199 University Avenue (Effective Oct. 1, 1966) Gertrude A. Greenough, 2372 Central Avenue (Effective Oct. 1, 1966) BE IT FURTHER RESOLVED that the bonds filed with the ap- plication be approved. Passed, adopted and approved this 26th day of September, 1966. Walter A. Pregler Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Richard Ludwig Councilmen Attest: Leo F. Frommelt City Clerk Mayor Pregler moved adoption of the resolution. Seconded by Councilman 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 ^fight inch sanitary sewer north and west of Asbury Road and John F. Kennedy Road, 1966. Submitted September 26, 1966. John L. White, City Engineer Mayor Pregler moved that the communication be received and filed. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Mayor Pregler, Coun- cilmen Ludwig, McCauley, Pfohl, Schultz. Nays—None. 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 schedule of proposed assessments for the construction 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. Walter A. Pregler Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Richard Ludwig Councilmen Attest: Leo F. Frommelt City Clerk Mayor Pregler moved adoption of the resolution. Seconded by Councilman Schultz. Carried by the following vote: Yeas -- Mayor Pregler, Coun. cilmen Ludwig, McCauley, Pfohl, Schultz. Nays—None. RESOLUTION NO. 27766 Preliminary Estimate and ap- proval of plans, specifications, form of contract, plat and all oth- er documents for the construction of an eight inch (S") 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 through Lot 1, 2, & 1-3 of Henry Zieglers Subdivision and Lot 24 of J. P. Mettels Subdivision No. 2 to the E.P.L. of Lot 1.4 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, Coun- cilmen Ludwig, McCauley, Pfohl, Schultz. Nays—None. (Necessity for Improvement) 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 the following: I. The boundaries of the district, if any. •N. Special Session, September 26, 11186 387 2. The size and kind of sewers. 3. Each lot proposed to be as. sessed together with a valuation fixed by the council. 4. An estimate of the cost of the proposed improvement, stating the same for each different type of 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 (81 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 2-4 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. 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 resp 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 the cost and expense of making said improve- ment will be assessed upon and against all privately owned prop, erty lying within assessable dis lance provided by law and in an amount not to exceed the amount provided by law, property will b( assessed whether the same abut' thereon or is adjacent thereto ac cording to area and in proportion to the special benefits conferrer thereby, and any deficiency shal be paid out of the sewer funds, o partly out of each of said funds Bonds shall be issued and sold ii anticipation of deferred payment of assessments when a contra( 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 A. Pregler Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Ricnard Ludwig Councilmen Attest: Lco F. Frommelt City Clerk Councilman Ludwig moved ap- proval of the resolution. Seconded by Councilman McCauley. Carried by the following vote: Yeas — Mayor Pregler, Coun- cilmen Ludwig, McCauley, Pfohl, Schultz. Nays—None. (Fixing date of hearing) RESOLUTION NO. 279.66 WHEREAS, the City Council 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 (811) sanitary sewer from the southern most ex- isting sanitary manhole between Kaufmann AvenueandAsbury swest Road southerly along side of J. F. Kennedy Road and westerly through Lot 1, 2 and 1.3 of llenry Ziegler's Subdivision and Lot 2-4 of J. P. Mettel's Subdivi- sion No. 2 to the E.P.L. of Lot 1.4 of J. P. Mettel's Subdivision No. 2. and, WHEREAS, the proposed RCSO- 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. BE IT TiiEREFORF. RESOLVED that on the uth day hearing f will be held 1988, a public 388 Special Session, September 26, 1966 at 7:90 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, the last of which shall be not less than two (2) nor more than (4) weeks prior to the day fixed for its consideration and un- less property owners at the time of final consideration of said resolu- tion have on file with the Clerk 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 26th day of September, 1966. Walter A. Pregler Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Richard Ludwig Councilmen Attest: Leo F. Frommelt City Clerk Councilman Schultz moved adop- tion of the resolution. Seconded Councilman Pfohl. Carried by the following vote: Yeas — Mayor Pregler, Coun- cilmen Ludwig, McCauley, Pfohl, Schultz. Nays—None. 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 that this idea had been be. fore the traffic committee some. time ago. The committee will meet again on the subject and an invitation to attend the meeting was tendered Mr. Jestice. Mr. Dick Hansel addressed the Council relative to a final approv- al by the City Manager as to the installation of street lights in the third section of Key Knolls Subdi. vision. The area in question abuts an area that has underground light 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 that 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, Coun- cilmen Ludwig, McCauley, Pfohl, Schultz. Nays—None. Leo F. Frommelt City Clerk Approved .JAJR4�Au.. 2,...1961. Adopted Ja.nuarx 23 198 ............... ...... I ....................... City Clerk T _W%A ;, -u s t��" ...:" 1 11cgular Session, October 3, 1966 389 CITY COUNCIL OFFICIAL Regular Session, October 3, 1966. Council met at 7:30 P.M. (D.S.T,). Present—Mayor Pregler, Coun• cilmen Ludwig, Pfohl, Schultz. City Manager Gilbert D. Chavenelle. Ab- sent—Councilman McCauley. Mayor- Pregler read the call and stated that service thereof had been duly made and this is the Regular monthly meeting of the City Council called for the purpose of acting upon such business as may properly come before the meeting. October 3, 1966 To the Honorable Mayor City Council Gentlemen: The City Commission Dinner will be held on Thursday evening, No- vember 3rd at the Flks Club. Mr, Harry E. Boyd. Managing Ed- itor of the Cedar Rapids Gazette will be our guest and speaker. Respectfully. Gilbert D. Chavenell City Manager Mayor Pregler moved that the communication be received an filed. Seconded by Councilman Ludwig. Carride by the following vote: Yeas — Mayor Pregler, Coun cilmen Ludwig. 11fohl, Schultz. Nays — None. Absent --Councilman McCauley. October 3, 196 To the Honorable Mayor and City Council, Gentlemen: This is to advise that I have a proved the following; bonds and d sire. to have your approval on sum Comprehensive Liability Ed Schmitz diK a Smitty's Exca ating; Service, Continental Casu ty Company. Sidewalk Clarence R. Splinter, flawkeyu-S curity Insurance Co. Michael J. Bock, U.S. Fidelity Guaranty Co. the City Attorney. Seconded by Councilman Schultz. Carried by the following vote: N'eas — Mayor Pregler, Cour. cilman Ludwig, Pfohl, Schultz. Nays — None. Absent—Councilman McCauley. September 30, 1966 To the Honorable Mayor and CityCouncil Gentlemen: I am returning to you the peti- tion of R. V. Hansel, Hillcrest Builders, Inc. for street lights in Key Knolls Subdivision. Mr. Norton has inspected the area and in a September 28th meeting with the developers the following recommendation was agreed upon. It is recommended that eleven 175 watt mercury vapor lights be installed. Nine of these are to be pedestal type and two standard overhead lights. It is recommended that the ped. estal lights be located at: 1. Intersection of St. John and Hillcrest Intersection of Hillcrest and Key Largo e 3. Intersection of Key Way and Hillcrest 4 On St. John, at easement be- d tween lots 3 and 4, Block 14-A 5. On Key Largo, at easement be. tween lots 3 and 4, Block 14 6. On Key Way, at easement be- tween lots 3 and 4, Block 14A 7. Intersection of St. John and Keymeer 8. Intersection of Key Largo and 6 Keymeer 9. Intersection of Key Way and Keymeer 11 is recommended that aerial p- lights be mounted on power poles e- at the following locations: e, 1. On Key N�,ay at easement be- tween lots 4 and 5. Block V. 2. Intersection of Key Y and al- Keystone. Respectfully submitted, Gilbert D. Chavenelle e, City Manager Councilman Pfohl moved that d the recommendation of the Man- ager be approved. Seconded by Respectfully, Councilman Schultz. Curried by the Gilbert I). Chavenelle, following vote: Coun City Manager Yeas — Mayor Pregler, Councilman Pfuhl moved that cilmen Ludwig, Pfohl, Schultz. filing of the polity and bonds be Nays — None. Absent—Councilman McCauley. approved subject to approval Of 390 Regular Session, October 3, 1966 September 30, 1966 To the Honorable Mayor and City Council Gentlemen: The Ninth Street Extension has been inspected for street lighting. It is recommended that thirty- four 175 watt mercury vapor street lights be installed and two existing street lights be removed. Respectfully submitted, Gilbert D. Chavenelle City Manager councilman Schultz moved that the recommendation of the City Manager be approved. Seconded by Councilman Pfohl. Carried by the following vote: Yeas — Mayor Pregler, Coun- cilman Ludwig, Pfohl, Schultz. Nays — None. Absent—Councilman McCauley. October 3, 1966 To the Honorable Mayor and City Council Gentlemen: You have a petition for a street light at an alley entrance on Avoca Street between North Grandview Avenue and Green Street. The area has been inspected and it is recommended that a 4000 lu- men incandescent light be installed at this location. Respectfully, Gilbert D. Chavenelle City Manager Councilman Schultz moved that the recommendation of the City Manager be approved. Seconded by Councilman Ludwig. Carried by the following vote: Yeas — Mayor Pregler, Coun- cilmen Ludwig, Pfohl, Schultz. Nays—None. Absent — Councilman McCauley. September 28, 1966 Hon. Mayor & City Council Gentlemen: On August 17, 1966, Mrs. Thom- as Howell of 886 West 5th Street filed claim against the City of Du- buque alleging the backup of sewer causing flooding of her basement on August 16, 1966, and making de- mand thereof in the amount of $35.00. This matter was referred to the appropriate City agency and the City Attorney was advised on Sept. 27, 1966, that said claim was dis- posed of to the satisfaction of Mrs. Howell. In view of the foregoing I rec- ommend that the claim filed against the City of Dubuque be de- nied. Original claim is returned here- with. Respectfully submitted, R. N. Russo City Attorney Mayor Pregler moved that the recommendation of the City Attor- ney be approved. Seconded by Councilman Ludwig. Carried by the following vote: Yeas — Mayor Pregler, Council- men Ludwig, Pfohl, Schultz. Nays—None. Absent—Councilman McCauley. Notice of claim of William I Miller of 2835 Burlington St. in the amount of $100 for damage in- curred as the result of a backed -up sanitary sewer which occurred on October 2, 1966, presented and read. Councilman Ludwig moved that the notice of claim be re- ferred to the City Solicitor for in- vestigation and report. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Mayor Pregler, Council- men Ludwig, Pfohl, Schultz. Nays—None. Absent—Councilman McCauley. Proof of Publication, certified to by the Publisher, of notice of pub- lic hearing to consider a proposed Ordinance to amend the Zoning Ordinance No. 3-34 so as to repeal Section 2 of Article 4 and enact- ing a substitute therefor to author- ize additional uses in the Multiple Residence District in certain desig- nated areas, presented and read. No written objections were filed and no oral objectors were present in the Council Chamber at the time set for the public hearing. Mayor Pregler moved that the proof of publication, be received and filed. Seconded by Councilman Pfohl. Carried by the following vote: Yeas — Mayor Pregler, Council- men Ludwig, Pfohl, Schultz. Nays—None. Absent—Councilman McCauley. Councilman Pfohl moved that the rules be suspended in order to let anyone present address the Council if they so desire. Seconded by Mayor Pregler. Carried by the following vote: Regular Session, October 3, 1966 391 Yeas — Mayor Pregler, Coun- cilmen Ludwig, Pfohl, Schultz. Nays—None. Absent—Councilman McCauley. i Mrs. F. A. Nesler of 420 Brad- ley St., owner of the building at the corner of University and Al- pine, made inquiry as to whether or not her property at University and Alpine is included in the Zon- in<, change to permit additional ulte coverage in the Multiple Resi- dence District. She was advised to the contrary by Mr. Owen Riley of the Planning and Zoning Com- mis;ion, who further stated that if she so desired she should sub mit a request to the Commission for investigation. ORDINANCE NO. 41-66 An Ordinance amending the zon- ing Ordinance of the City of Du- buque by repealing Section 2 of Article 4 of the zoning ord- inance of the City of Dubuque and enacting a substitute there- fore to authorize additional uses in the multiple residence district, said ordinance having been pre- viously- presented and read at tilt' Council meeting of September 6, 1966, presented for final adoption. ordinance No. 41.66 m An ORDINANCE Arndintthe Zoning Ordinance of the City of Dubuuue by re- peaiing Secttion 2 of Article 4 of the Zon- EnacOtfniy an 5ubsllof iute City efory to Author Tse Addltlonel Uses in The Multiple Resi- dence District BE IT 01pAINEO by the CITY 000N- CIs he In t_SectionU2 oOAEtidew,01 -_ ••7nm no dinence of the City or vUuvv�� -- nd w tSection 2 fol nArt cal r4 Of Ordinance 3-34 Enacted In lieu thereof, as lot - vs to wit: Section z. permitted UMM (a) All permitted uses In the two 'amity residence dlarict. (b) elude prowl houllSop tr whalGce dwellings, tppwn houses, apartments and effl- c{ency units. (c) Hospitals, except animal hospitals, clul hospital ute of thle Care ofiurn for conla(Ji0U5, mental, drug or 1{auor addict cases. (d1 Convalescent and nursing homes. e Toar 't thiou es, lodging houses (f) Chlldrens' homes and orphanages. (g) pFuuneral home or rnortuary alter board oeaZrQlPing Adlutstment. of the (h) Prole65)�vt.n.ffices denl{st�rstudios .ar[Yt tact. within the following oescr on+ BeeqtrualPg at a point on the east 1 ne of Blutt Street ore hundred feet north of the north line of West Ninth Street, thence east to the center line of the alley first east of Blulf Street thence north Along the center line of the allev first east of Bluff Street to the center line of West Eleventh Street thence east on the cen- ler line of Vied Eleventh Street to the center line of the alley between Locust and Main Streets, thence north on the center ooGG line of the allIfY between Main otantdd 1mldAle strS ref I the n r473, th line of he vvfat at ted the north me s,hundrod Middle 1 S of City Lot 173. p and fourteen feet, Thence South along the reieLLixe))ndt line M ocustStree(which andalong the east line of Locust Street to the south line of West Fifteenth Street thence west along the south line o1 West Fln".rit i Street to the center line of Bluff Street; thence south along the center line of Bluff Str; thlneee wesll center ing ethe r.Mer 9oulrvard line of Loras Boulevard to a Point one hundred feet west of the west line of Bluff Street thence south along a line one hundred feet west of and parallel To the west line of Bluff Street to the north line of West Ninth Street, thence east along a line one hundred feet north of the north line o1 west Ninth Street to a point on the east line of Bluff Street one tvmdred feet North of the North line of West Ninth Street which Is the point of beginning, and the area further described: Beginning at the Point of the Intersec- tion of the center lines of Loras Boule- vard and Walnut Streets, thence east on the center line of Loras Boulevard to a point one hundred and twenty feet east of the east line of Prairie Street thence south on a line one hundred and twenty feet east of the east Bine of Prairie Street to the center line o1 the alley first south of Loras Boulevard, thence west along the center line of Me alley first south of Loras Boulevard to the center line of Prairie Street, thence south along the center line of Prairie Street to the Point of the intersection of the center lines of Prairie Street and Chestnut Streets, thence west along the center line of Chestnut Street to the Point of the intersection of the center lines of Chestnut Street and Walnut Street, thence n o r t h along the center line of Walnut Street to the center line of Loras Boulevard, which is the point of beginning, and the area further described: Lot 6, Lot 1 of lot 7 Lot 1 of Lot 8, south one hundred feei of Lot 9, Reeder Langworthv's Sub., Lot 1antl Lot IA of Murphy's Sub., Provided further that In the areas described above, that no goods are publicly displayed on Me Premises, and that no sign or adver- tisements are shown other than the name and profession of the person using the office or studio, and that such a sign or a (I) llomarslolvv l ncidentoto structures offrthe Per- mitted uses. Section 2. This Ordinance shall be in lull force and effect from and after its final passage, adoption and publication as by law Provided. Introduced the 6th day of September, 1966 Rule requiring reading on three separate days suspended by unanimous vote the 6th day of SePlember, 1966. Passed by recorded roll call vote, adopted and approved this 3rd day of October, 1966. Waiter A. Pregler Mayor Merlin F. Schultz Eldon A. PION Richard Ludwig Councilmen Attest: Leo CteF rmelt Published offlcally in The Telegraph - Herald this 7th day of October 1966. L City Clerk. 1147 Councilman Ludwig moved final adoption of the ordinance. Second- ed by Councilman Schultz. Carried by the following vote: Peas—riayor Pregler, Council- men Ludwig, Pfohl, Schultz. Nays—None. Absent—Councilman McCauley. ORDINANCE N0. 47.66 An Ordinance amending ordin- ance No. 334of 9, known at, l the Traffic new Subsection 8 to by addingg a a Section D of Schedule III and a new Subsection 5 to Section F of that Schedule III to provide 392 Regiilar Session. October 3. 1966 northbound vehicles must stop before entering the intersection of Woodland Drive and Keyway Drive and southbound vehicles must stop before entering the in- tersection of Woodland Drive and Foothill Road respectively, presented and read. Councilman Pfohl 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, Council- men Ludwig, Pfohl, Schultz. Nays—None. Absent—Councilman McCauley. Councilman Pfohl 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, Council- men Ludwig, Pfohl, Schultz. Nays—None. Absent.—Councilman McCauley. ORDINANCE No. 47.66 AN ORDINANCE AMENDING ORDIN- F-NCE NO. 33-49, KNOWN AS "THE TRAFFIC CODE OF DUBUQUE, _IOWA" BE IT ORDAIN- �OUNCIL OF CITY Inance No. 33-49, be iv amended by add- s 8 to Section D of as follows, to wit: vehicles must stop the intersection of ve and Keyway Section 2. That Ordinance No. 33-49, ve and the same Is hereby amended by adding a new Subsection 5 to Section F of Schedule III thereto as follows, to wit: SCHEDULE 111. Section F. 5. Southbound vehicles must stop before entering the Intersection of Woodland Drive and Foothill Road." Passed, adopted and approved this 3rd day of October. 1966. Walter A. Pregler Mayor Merlin F. Schultz Eldon A. Pfohl Richard Ludwig Councilmen Attest: Leo F. Frommelt City Clerk Published offically in The Telegraph. Herald this 7th day of October 1966. Leo F. Frommelt City Clerk. It. 10-7 Councilman Pfohl moved adop- tion of the Ordinance. Seconded by Mayor Pregler. Carried by the fol- lowing vote: Yeas — Mayor Pregler, Council- men Ludwig, Pfohl, Schultz. Nays—None. Absent—Councilman McCauley. ORDINANCE NO. 48.66 An Ordinance amending Ordi- nance No. 33.49, known as the Traffic Code of Dubuque, Iowa, by enacting a new Subsection 89 to Schedule VI thereof to pro- vide that the parking of motor vehicles on the north side of Mt. Loretta Street from Valley Street to Bryant Street is prohibited, presented and read. Councilman Pfohl 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, Pfohl, Schultz. Nays—None. Absent—Councilman McCauley. Councilman Pfohl 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, Pfohl, Schultz. Nays—None. Absent --Councilman McCauley. ORDINANCE NO. 48.66 SNOW 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 en- acting a new subsection 89 to SCHEDULE VI thereof as follows, to wit: "SCHEDULE VI 89. The north side of Mt Loretta Street from Valley Street to Bryant Street." Passed adopted and approved this 3rd day of dctober 1966. Walter A. Pregler Mayor Merlin F. Schultz Eldon A. Pfohl Richard Ludwig Councilmen Attest: Leo F. Frommelt City Clerk Published offlcally in The Telegraph - Herald this 7th day of October 1966. Leo F. Frommelt City Clerk. It. 10-7 Councilman Pfohl moved adop- tion of the Ordinance. Seconded by Mayor Pregler. Carried by the following vote: Yeas — Mayor Pregler, Coun- cilmen Ludwig, Pfohl, Schultz. Nays—None. Absent ---Councilman McCauley. ORDINANCE NO. 49.66 An Ordinance authorizing the construction of curb and gutter and other improvements on Whelan Street between the Regular Session, October 3, 1966 393 Sout+twest property line of Brad- ley Street and the Northeasterly property line of Lot 1-A, Grand- view Park, Block 10, presented and read. Councilman Pfohl 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, Pfohl, Schultz. Nays—None. Absent—Councilman McCauley. Councilman Pfohl 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 Pre"ler, Council- men Ludwig, Pfohl, Schultz. Nays—None. Absent—Councilman McCauley. ORDINANCE No. 49.66 An Ordinance authorizing the con, struclion of Curb and Gutter and other Improvements on whelan Street between the Southwest Property Line of Brad. ley Street and the Northeasterly Prop- erty Line of Lot 1-A. Grandview Park, Block 10. N. BE IT BTHE CITY UU IO YODBQE, IOWA: section 1. That RUse❑ Rafolh, owner of Lot 52 in Grandview Park Addition VAJay Arnold Moeller owner of Lot I Lot 53 Grandview1eplacearareAhereby gnd ranted a drotherrun to Improvementstcurb s blecato 1hefollow Ing terms and conditions. a. That said improvements be con- structed under the supervision of the city Manager. b. That permission herein granted Is revocable vshalle determine I that tithe 1 publicevinr serest requires it. C. That In the event the permission herein granted is revoked. the Permit- tees for themselves, their successors or menls4 agree theiro expense swiithin psixty sad impprovements and�Inictheoeventove of failure to do so, the City may remove the same ad assess the cost of such re- moval against the above described prop- erty. d. Assume any and all liability for dam- age to persons or property which may result from the existence, construction or maintenance of said improvements. Section 2. That this Ordinance shall be In full force and effect upon pyslewgsand and publication as providM the terms ad conditions thereof accepted by the parties concerned by acceplance endorsed on this Ordinance Section 3. That the City Clerk be and he is 10 recordhareby certifiedhcoprddirected ol thisOrdiance Ir, 1h. nffire of the County Recorder of Councilman Pfohl moved adop- tion of the Ordinance. Seconded by Mayor Pregler. Carried by the fol- lnwing vote: Yeas — Mayor Pregler, Council- men Ludwig, Pfohl, Schultz. Nays—None. Absent—Councilman McCauley. ORDINANCE NO. SO -66 An Ordinance Amending Ordin. ance No. 3349, known as the Traffic Code of Dubuque, Iowa, by repealing Section "K" of Schedule II thereof to provide that University Avenue be desig- nated a through street from the north property line of Eighth Av- enue to the east property line of North Grandview Avenue and from the west property line of North Grandview Avenue to the East property line of Asbury Street to the John F. Kennedy Road, presented and read. Councilman Pfohl 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, Council- men Ludwig, Pfohl, Schultz. Nays—None. Absent—Councilman McCauley. Councilman Pfohl 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, Council- men Ludwig, Pfohl, Schultz. Nays—None. Absent — Councilman McCauley. Dubuque County, rowa. Passed adopted and approved this 3rd dayof dctober, 1966. SIGNED ---R oueer—lledf oMoel ler Merlin F. Schultz Eldon A. Pfohl Richard Ludwig Councilmen ATTEST: Leo F. Frommeit Cit yy Clerk Ttlegrnph- Publi-hed officieily In The Herald this It Leo F �FrOclo er 1966. City Clerk. 1t. W-7 ORDINANCE NO. 50.66 Avenue K. University north property line of r nol nue to the east Ave Ue; North Grandview the west property line 394 Regular Session, October 3, 1966 Avenue to the east Prop - of Asbury Street, and west property line of As - et to the John F. Ken, t.,, ed and approved this 3rd day of octooerWZOer A. Pregler Atte-t: Leo F. Frommelf City Clerk Published officallyIn The Telegraph - Herald this 7th day of October 1966. L City Clerk melt 211 10.7 Councilman Pfohl moved adop- tion of the Ordinance. Seconded by Mayor Pregler. Carried by the following vote: Yeas — Mayor Pregler, Council- men Ludwig, Pfohl, Schultz. Nays—None. Absent — Councilman McCauley. Petition of Order of DeMolay Allen Chapter requesting permis- sion to wash car windshields park- ed on streets and parking lots on October 8, 1966, pointing out the need for clear vision as an aid to safe driving, presented and read. Mayor Pregler moved that the peti- tion be approved. Seconded by Councilman Schultz. Carried by the following vote: Yeas—Mayor Pregler, Council- men Ludwig, Pfohl, Schultz. Nays—None. Absent—Councilman McCauley. Mr. Nort Seever, chairman of the DeMolay endeavor addressed the Council in behalf of the petition and expressed the idea that this i� one way of having the DeMolays better recognized in the commun ity. Petition of Harry Phillips re questing permission to excavate it the alley to the rear of 576-584 Main Street, to repair a water leak presented and read. Councilmat Pfohl moved that the petition bt granted. Seconded by Mayor Preg ler. Carried by the following vote Yeas — Mayor Pregler, Council men Ludwig, Pfohl, Schultz. Nays—None. Absent—Councilman McCauley. Petition of Peoples Natural Ga requesting permission to excavat at the alley entrance off W. 5t1 Street, off Bluff Street, to install new main, presented and reac Councilman Schultz moved that th petition be approved. Seconded b Mayor Pregler. Carried by the fo lowing vote: Yeas — Mayor Pregler, Council - nen Ludwig, Pfohl, Schultz. Nays—None. Absent—Councilman McCauley. Petition of Charles L. Egelhof re- uesting that parking be allowed on loth sides of Bluff Street, at least emporarily, presented and read. Mayor Pregler moved that the peti- ion be referred to the Traffic De- mrtment for recommendation. Sec- tnded by Councilman Ludwig. Car- -ied by the following vote: Yeas—Mayor Pregler, Council - nen Ludwig, Pfohl, Schultz. Nays—None. Absent—Councilman McCauley. Mr. Charles Egelhof stated that Bluff Street is subjected to only two hours per day of heavy traffic. He requested that the Council at least give it a try as to the parking on both sides of Bluff Street. Petition of J. F. K. Knights of Columbus Council requesting per- mission to sell tooth brushes, over a period of 60 days, to inaugurate a building fund, presented and read. Mr. Thomas Graham addressed the Council in behalf of the peti- tion. Councilman Schultz moved that the petition be granted. Sec- onded by Councilman Pfohl. Car- ried by the following vote: Yeas — Mayor Pregler, Council- men Ludwig, Pfohl, Schultz. Nays—None. Absent—Councilman McCauley. Petition of Delbert C. Keut.er re- questing a refund of $75. on the un- expired portion of cigarette license No. 21, as he has discontinued busi- ness on 9-2466, presented and read. Mayor Pregler moved that the re- fund be granted and the Auditor instructed to issue proper warrant. Seconded by Councilman Schultz. Carried by the following vote: Yeas—Mayor Pregler, Council- men Ludwig, Pfohl, Schultz. Nays—None. Absent—Councilman McCauley. Petiton of Dubuque Sports Bowl Inc. requesting a refund of $100. on the unexpired portion of Class B beer license No. 59, as they have discontinued business on 9-17-66, presented and read. Mayor Pregler moved that the refund be granted and the Auditor instructed to issue proper warrant. Seconded by Coun- Regular Session, October 3, 1966 395 cilman Schultz. Carried by the following vote: Yeas — Mayor Pregler, Council- men Ludwig, Pfohl. Schultz. Nays—None. Absent --.Councilman McCauley. Petition of Delbert Tones request- ing a portion ofof $75. pired Po cigarette license pin No. 194, as he has discontinued business on June 30. 1966, present- ed and read. Mayor Pregler 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, Pfohl, Schultz. Nays --None. Absent—Councilman McCauley. Petition of Roger J. Bertsch re- questing a refund of $75. on the un- expired portion of cigarette license No. 120, as he has discontinued business on September 1, 1966, pre' sented and read. Mayor Pregler moved that the refund be granted and the Auditor instructed to issue proper warrant. Seconded by Coun- cilman Schultz. Carried by the fol- lowing vote: Yeas — Mayor Pregler, council- men Ludwig, Pfohl, Schultz. Nays—None. Abaenl—.Councilman McCauley. Petition of Jack Crane request- ing a refund of $75. on the unex- pired portion of cigarette license No. 89, as he has discontinued busi- ness on September 23. 1966, pre seated and read. Mayor Pregler moved that the refund be grant and the Auditor instructed to issue proper warrant. Seconded by Coun cilman Schultz. Carried by th following vote: Yeas — Mayr Pregler. cultz men Ludwig, Nays—None. Absent—Councilman McCauley. Petition of Arlo Rowley reques Ing a refund of $75. on the une pired portion of cigarette licen No. 140, as he has discontinue business on September 1, 1966, pr sented and read. Mayor Pregl moved that the refund be grant and the Auditor instructed to iss proper warrant. Seconded by COu cilman Schultz. Carried by t following vote: Yeas — Mayor Pregler, Counc men Ludwig, 1'fohl, Schultz. Nays—None. Absent—Councilman McCauley. Petition of Rose Nebel request- ing a refund of $75. on the unex- pired portion of cigarette license No. 206, as she has discontinued business on September 15, 1966, presented and read. Mayor Pregler moved that the refund be granted and the Auditor instructed to issue proper warrant. Seconded by Coun- cilman Schultz. Carried by the fol- lowing vote: Yeas — Mayor Pregler, Council- men Ludwig, Pfohl. Schultz. Nays—None. Absent—Councilman McCauley. Petition of Norman H. Smothers requesting a refund of $75. on the unexpired portion of cigarette license No. 34, as he has discontin- ued business on September 30, 1966, presented and read. Mayor Pregler moved that the refund be granted and the Auditor instructed to issue proper warrant. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Mayor Pregler, Council- men Ludwig, Pfohl, Schultz. Nays—None. Absent — Councilman McCauley. Petition of Frank A. Karigan re- questing a refund of $75. on the unexpired portion of cigarette license No. 199, as he has dis- continued business on September 30, 1966, presented and read. May- or Pregler moved that the refund be granted and the Auditor in. structed to issue proper warrant. Councilman Schultz. � Seconded by Carried by the following vote: Yeas — Mayor Pregler, Council - e men Ludwig, Pfohl, Schultz. Nays—None. council . Absent — Councilman McCauley. RESOLUTION NO. 280.66 RESOLUTION to fix a date of meeting at which itis proposed I. $ takeactionFlofor the od protection Of X. $1,000,000 se Bonds. F d e- N'IiEREAS it is conducive tot e er public convenience and welfare and ed necessary and for the bestinta r sts ue of the City of Dubuque, n• its inhabitants b e constructed od pons sting etion he works be generally of constructng levees, em- il• bankmeuts and structures and oth- 396 Regular Session, October 3, 1966 erwise improving the water course of the Mississippi River in said City; and WHEREAS theUnited States Government, acting by and through the Secretary of the Army and the Chief of Engineers proposes to con- struct such improvements to said Mississippi River within the corpor- ate limits of the City of Dubuque, as more fully described in a report of the Chief of Engineers transmit- ted to Congress by the Secretary of the Army by letter dated June 19, 1962, House Document No. 450, 87th Congress, 2nd Session; and WHEREAS for the purpose of paying the cost of acquiring proper- ty and rights of way required to carry out said Mississippi River Im- provement Project it is necessary that provisions be now made for the issuance of bonds of said City in the principal amount of $1,000,- 000payable from taxes levied upon all the taxable property in said City as authorized and permitted by Section 395.25 of the Code of Iowa, 1962; but it is necessary to first provide for notice and hear- ing in the manner and form re- quired by Sections 23.12 and 408A.1 of the Code of Iowa, 1962; and WHEREAS it is contemplated that said bonds will be issued in installments from time to time as and when the proceeds thereof are needed for the authorized purpose; NOW, THEREFORE, Be It Re- solved by the City Council of the City of Dubuque, Iowa, as follows: Section 1. That this Council meet at the Council Chambers in the City Hall in said City on the 14th day of November, 1966, at 7:30 o'clock P.M., Central Standard Time, at which time and place pro- ceedings will be instituted and ac- tion taken for the issuance of $1,- 000,000 Flood Protection Bonds for the purpose of acquiring property and rights of way necessary for the construction of flood protection works in said City as referred to ill the preamble hereof. Section 2. The City Clerk is here- by directed to give notice of pro- posed action for the issuance of said bonds, setting forththe amount and purpose thereof, the maximum rate of interest which said bonds are to bear, and the time when and place where said meeting will be held, by publica- tion at least once not less than fif- teen (15) days before said meeting, in The Telegraph Herald, a news- paper published and of general cir- culation within said City. Said not- ice shall be in substantially the following form: NOTICE OF MEETING FOR ISSU- ANCE OF FLOOD PROTECTION BONDS The City Council of the City of Dubuque, in Dubuque County, Iowa, will meet on the 14th day of November, 1966, at the Council Chambers in the City Hall, Dubu- que, Iowa, at 7:30 o'clock P.M., Cen- tral Standard Time, for the purpose of instituting proceedings and tak- ing action for the isssuance of $1,000,000 Flood Protection Bonds of said City, bearing interest at a rate or rates not exceeding five per cent (5%) per annum, for the purpose of defraying the cost, to that amount, of acquiring property and rights of way necessary for the construction of flood protection works in said City consisting of improving the water course of the Mississippi River in said City. It is contemplated that said bonds will be issued in installments from time to time as and when the proceeds thereof are required for the author- ized purpose. At any time before the date of said meeting petitions objecting to the issuance of said bonds or asking that the question of issuing said bonds be submitted to the legal voters of said City may be filed with the City Clerk of said City pursuant to the provisions of Sec- tion 23.13 or 408A.2 of the Code of Iowa, 1962. By order of the City Council October 3, 1966. Leo F. Frommelt, City Clerk Section 3. That all resolutions or parts thereof in conflict herewith be and the same are hereby repeal- ed, and this resolution shall be ef- fective forthwith upon its passage and approval. Regular Session, October 3, 1966 397 Passed and approved October 3, 1 1966. Walter A. Pregler, t Mayor Attest: Leo F. Frommelt, City Clerk Councilman Pfohl moved adop- tion of the resolution. Seconded by Councilman Ludwig. Carried by the following vote: Yeas — Mayor Pregler, Council- men Ludwig, Pfohl, Schultz. Nays—None. Absent — Councilman McCauley. September 28, 1988 To the Honorable Mayor and City Council Gentlemen: This is to advise you that the City of Dubuque project for the con- struction of overhead sign supports on the intersection of Dodge and Locust Streets has been completed in accordance with the City of Du- buque plans and specifications. I, therefore, recommend the ac- ceptance of the above named pro- ject. Respectfully submitted, Gilbert D. Chavenelle City Manager Mayor Pregler moved that the recommendation of the City Man. ager be approved. Seconded by Councilman Ludwig. Carried by the following vote: Yeas — Mayor Pregler, Council- men Ludwig, Pfohl, Schultz. Nays—None. Absent—Councilman McCauley. FINAL ESTIMATE RESOLUTION NO. 281-66 WHEREAS, the contract for the construction of overhead sign sup- ports on the intersection of Dodge and Locust Streets has been com- pleted and the City Engineer has submittedhis final estimate show ing the cost thereof including th cost of estimates, notices, inspec tion, and preparing the assess ment and plat, now therefore, BE IT RESOLVED, by the Cit Council of the City of Dubuque, That the cost of said improv ment is hereby determined to b $11,156.92. That none of the cost there shall be assessable upon priva property and $11,156.92 shall paid from the 135 I Road Use To 'und of the City of Dubuque. Passed, adopted and approved his 3rd day of October, 1966. Walter A. Pregler Mayor Merlin F. Schultz Eldon A. Pfohl Richard Ludwig Councilmen kttest: Leo F. Frommelt City Clerk Councilman Ludwig moved adop- tion of the resolution. Seconded by Councilman Pfohl. Carried by the following vote: Yeas — Mayor Pregler, Coun- cilmen Ludwig, Pfohl, Schultz. Nays—None. Absent—Councilman McCauley. (A Resolution Accepting improvement) RESOLUTION NO. 282.66 WHEREAS, the contract for the construction of overhead sign sup- ports on the intersection of Dodge and Locust Streets has been com- pleted and the City Manager has examined the work and filed his certificate stating that the same has been completed according to the terms of the contract, plans and specifications and recom- mends its acceptance, now there- fore, 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 parcels of real estate subject to assessment for said improvement and file the same in the office of the City s ('lerk subject to public inspection and said Clerk shall upon receipt e of such plat and schedule publish the notice of the Council's inten- tion to levy special assessments therefor, as required by y BE IT FURTHER RESOLVED, beandhe that the. City a to the e- is hereby directed to pay e contractor from 135 1 Road Use Tax upon the above described to the of provement in amount eq any to amount of crcentageis r provided for be retained P' ,, I therein. 398 Regular Session, October 3, 1966 Passed, adopted and approved this 3rd day of October, 1966. Walter A. Pregler Mayor Merlin F. Schultz Eldon A. Pfohl Richard Ludwig Councilmen Attest: Leo F. Frommelt City Clerk Mayor Pregler moved adoption of the resolution. Seconded by Councilman Pfohl. Carried by the following vote: Yeas — Mayor Pregler, Coun- cilmen Ludwig, Pfohl, Schultz. Nays—None. Absent—Councilman McCauley. RESOLUTION NO. 28366 WHEREAS, it is required that Branch Registration be established and Branch Registrars be appoint- ed and be paid. NOW THEREFORE Be It Re- solved by the City Council of City of Dubuque, Iowa: Section 1. Branch Registration be and the same are hereby es- tablished in the City of Dubuque, Iowa, as is by law provided, and that the appointment of Branch Registrars be and the same is hereby approved and confirmed. Section 2. That the payment of One ($1.00) Dollar per hour to each Branch Registrar for services rendered in connection with such registration be and the same is hereby authorized and approved. Passed, adopted and approved this 3rd day of October, 1966. Walter A. Pregler Mayor Merlin F. Schultz Eldon A. Pfohl Richard Ludwig Councilmen Attest: Leo F. Frommelt City Clerk Mayor Pregler moved adoption of the resolution. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Mayor Pregler, Coun- cilmen Ludwig, Pfohl, Schultz. Nays—None. Absent—Councilman McCauley. Proof of Publication, certified to by the Publisher, of notice to contractors of the receipt of pro- posals for the construction of City of Dubuque 1966 Sidewalk Project No. 1, presented and read. Coun- cilman Pfohl moved that the proof of publication be received and filed. Seconded by Mayor Pregler. Carried by the following vote: Yeas — Mayor Pregler, Coun- cilmen Ludwig, Pfohl, Schultz. Nays—None. Absent—Councilman McCauley. October 3, 1966 To the Honorable Mayor and City Council Gentlemen: I recommend that the following owners of the following listed prop- erties be deleted from the City of Dubuque 1966 Sidewalk Project No. 1. These people should be deleted in addition to those deleted before from the original Preliminary As. sessment Schedule. These people agreed to put in their own sidewalks prior to date when any Contractors received bid proposals. BUNKER HILL ROAD Glen E. & Rosalyn Carris, Lot 2 of theSub. of 140, 141, & 142 Finley's Addition AVALON ROAD Milton L. & Sylvia Scheppele, Lot 22, Hillcrest Park, Block 6 KANE STREET Cletus & Dorothy Cox, Lot 2-1-2 Fitzgerald Place PENNSYLVANIA AVENUE Helen A. Corwin, Lot 2 -1 -1 -W1/2 - N Y4 Sec. 27.89N2E 5 P.M. Frank & Dorothy Miller, Block 4- Bies Subdivision % of Lot 1 Delbert & Joan Miller, Block 4- Bies Subdivision % of Lot 1 ST. JOSEPH STREET Earl & Florentine Ehrlich, Lot 15, Babcock's Subdivision Respectfully submitted, Gilbert D. Chavenelle, City Manager Councilman Pfohl moved that the recommendation of the City Man- ager be approved. Seconded by Mayor Pregler. Carried by the fol- lowing vote: Yeas — Mayor Pregler, Council- men Ludwig, Pfohl, Schultz. Nays—None, Absent—Councilman McCauley. October 3. 1966 To the Honorable Mayor and City Council Gentlemen: Pursuant to your instruction, sealed bids were received until Regular Session, October 3, 1966 399 10:00 A.M., October 3, 1866, for the construction of the City of Du- buque 1966 Sidewalk Project No. I. The lowest bid entered was sub- mitted by Tri-State Having Com- pany of Dubuque, Iowa. Their bid was 2.640 over the Engineer's Esti- mate. I recommend that the contract for the improvement be awarded to Tri-State Paving Company. Respectfully submitted, Gilbert D. Chavenelle, City Manager Councilman Ludwig moved that the recommendation of the City Man- ager be approved. Seconded by Councilman Pfohl. Carried by the following vote: Yeas — Mayor Pregler, Council- men Ludwig, Pfohl, Schultz. Nays—None. Absent—Councilman McCauley. (Awarding Contract) RESOLUTION NQ. 2"-" Passed and adopted this 3rd day of October, 1966. Walter A. Pregler Mayor Merlin F. Schultz Eldon A. Pfohl Richard Ludwig Councilmen Attest: Leo F. Frommelt, City Clerk Mayor Pregler moved adoption of the resolution. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Mayor Pregler, Council- men Ludwig, Pfohl, Schultz. Nays—None. Absent—Councilman McCauley. WHEREAS, sealed proposals have been submitted by contractors for the Construction of the City of Dubuque, 1966 Sidewalk Project No. 1 pursuant to Resolution No. 260.66 and notice to bidders pub- lished in a newspaper published in said City on September 16, 1966 and September 23, 1966; and WHEREAS, said sealed proposals were opened and read on October 3, 1966, and it has been determined that the bide of Tri-State Paving Company of Dubuque, Iowa in the amount of $12,123.90 was the low- est bid for furnishing of all labor and materials and performing the work as provided for in the plans and specifications; now therefore, BE IT SOLVED by the City Council of the City of Dubuque that the contract for the above mentioned improvement be award- ed to Tri-State Paving Company and the Manager be and he is here- by directed to execute a contract on behalf of the City of Dubuque for the complete performance of said work. BE IT FURTHER RESOLVED, that upon the signing of said con. tract and the approval of the con- tractors bond the City Treasurer is authorized and instructed to return the bid deposits of the unsuccess- ful bidders. RESOLUTION NO. 28566 BE IT RESOLVED by the City 'ouncil of the City of Dubuque, owe, that the following having :ompbed with the provisions of lava elating 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. Name Address Clarke College, 1550 Clarke Drive Osco Drug, Inc., 703 Main Street BE IT FURTHER RESOLVED that the bonds filed with the appli- cation be approved. Passed, adopted and approved this 3rd day of October, 1966. Walter A. Pregler Mayor Merlin F. Schultz Eldon A. Pfohl Richard Ludwig Councilmen Attest: Leo F. Frommelt, City Clerk Councilman Ludwig moved adop tion of the resolution. Seconded by Councilman Pfohl. Carried by the following vote: Yeas -- Mayor Pregler, Council- men Ludwig, Pfohl, Schultz. Nays --None. Absent—Councilman McCauley. RESOLUTION NO. 286.66 WHEREAS, applications for Beer Permits have been submitted ubm ttethe this Council for app roval and same have been examined: NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the following applica- 400 Regular Session, October 3_190 tions be granted and licenses be. issued upon the compliance with the terms of the ordinances of the City. Name Address CLASS "B" BEER PERMIT PRIVATE CLUB Disabled American Veterans, Corp., 2600 Dodge Street Plaza 20 CLASS "B" BEER PERMIT Florence F. Brede Herburger, 2987 Jackson Street Joseph E. Reisdorf, 601 Rhomberg Avenue Dorrance Hames, 1828 Central Av- enue Russ Evans, 29 West 8th Street Doris J. Tigges. 2776 Jackson Street CLASS "C" BEER PERMIT Harry Kopple, 1098 University Av- enue Merlin Appel, 1195 Dodge Street National Tea Company, 2013 Cen- tral Avenue Passed, adopted and approved this 3rd day of October. 1966. Walter A. Pregler Mayor Merlin F. Schultz Eldon A. Pfohl Richard Ludwig Councilmen Attest: Leo F. Frommelt, City Clerk Councilman Ludwig moved adop- tion of the resolution. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Mayor Pregler, Council. men Ludwig, Pfohl, Schultz. Nays—None. Absent—Councilman McCauley. RESOLUTION NO. 287-66 WHEREAS, applications for Beer Permits were filed by the within named applicants and they have received the approval of this Council; and WHEREAS, the premises to be occupied by such applicants were inspected and found to comply with the ordinances of this City and they have filed proper bonds: NOW THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the Manager be and he is hereby directed to issue to the following named applicants a Beer Permit. CLASS "B" BEER PERMIT PRIVATE CLUB Disabled American Veterans, Corp., 2600 Dodge Street Plaza 20 CLASS "B" BEER PERMIT Florence F. Brede Herburger, 2967 Street Joseph E. Reisdorf, 601 Rhomberg Avenue Dorrance Names, 1828 Central Avenue Russ Evans, 29 West 81h Avenue Doris J. Tigges, 2776 Jackson Street CLASS "C" BEER PERMIT Harry Kopple, 1098 University Avenue Merlin Apel, 1195 Dodge Street National Tea Company, 2013 Cen- tral Avenue BE IT FURTHER RESOLVED that the bonds filed by such ap- plicants be and the same are here- by approved. Passed, adopted and approved this 3rd day of October, 1966. Walter A. Pregler Mayor Merlin F. Schultz Eldon A. Pfohl Richard Ludwig Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pfohl moved adop- tion of the resolution. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Mayor Pregler, Coun- cilmen Ludwig, Pfohl, Schultz. Nays—None. Absent—Councilman McCauley. RESOLUTION NO. 288.66 WHEREAS, applications f o r Liquor Permits have been sub- mitted to this Council for approval and the same have been examined, NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the fol- lowing applications be granted and licenses issued upon the compliance with the terms of the IOWA LIQUOR CONTROL ACT—CHAP- TER 123—as amended by the 60th General Assembly, 1963. Name Address CLASS "C" COMMERCIAL ESTABLISHMENT Francis T. Kohl, 1700 Central Av- enue Regular Session, October 3, 1966 401 Passed, adopted and approved this 3rd day oa ter. egWApler Mayor Merlin F. Schultz Eldon A. Pfohl Richard Ludwig Councilmen Attest: Leo F. Frommelt, City Clerk Councilman Pfohl moved adop- tion of the resolution. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Mayor Pregler, Council- men Ludwig, Pfohl, Schultz. Nays --None. Absent—Councilman McCauley. RESOLUTION NO. 494.6 Councilman Schultz. Carried by the following vote: Yeas — Mayor Pregler, Council- men Ludwig, Pfohl, Schultz, Nays—None. Absent—Councilman McCauley. Councilman Pfohl moved that the Council meet with the Board of Supervisors in executive session to discuss resolving problem of City and County governmental fa- cilities, Seconded by Councilman Schultz. Carried by the following vote: Yeas — Mayor Pregler, Coun- cilmen Ludwig, Pfohl, Schultz. Nays—None. Absent—Councilman McCauley. There being no further business Councilman Pfohl moved to ad. applications for journ. Seconded by Mayor Pregler. a WHEREAS, pP Carried by the following vote: Liquor Permits were filed by the yeas — Mayor Pregler. Coun. within named applicantsthey cilmen Ludwig, Pfohl, Schultz. have received the approval of Nays—None. Council, and Absent—Councilman McCauley. WJJEREAS, the premises to be Leo F. Frommelt occupied by such applicants were City Clerk inspected and found to comply with the State Law and all City ordinan- ces relevant thereto and they have filed proper bonds; NOW THEREFORE BE IT RE- SOLVED by the City Council of Du- buque, Iowa, that the Manager be authorized to cause to be issued to the following named applicants( a Liquor Permit. Nam* Address Francis T. Kohl, 1700 Central Av- enue Passed, adopted and approved this 3rd day of October, 1988. Walter A. Pregler Mayor Merlin F. Schultz Eldon A. Pfohl Richard Ludwig – Councilmen Attest: Leo F. Frommelt, City Clerk Mayor Pregler moved adoption of the resolution. Seconded by ., V. . Approved J>~iXlwl r*y....(:3.... 19..67 Adopted ..J nuary ? �1 .7 f Co peilmen Attes......................................... Cit Jerk 402 Special Session, October 17, 1966 Board of Health OFFICIAL Special Session, October 17, 1966. Board met at 7:25 P.M.(D.S.T.) Present — Chairman Walter A. Pregler, Messrs. Richard Ludwig, M. Sylvester McCauley, Eldon A. Pfohl, Merlin F. Schultz. Absent—Dr. Kenneth K. Hazlet. Communication of Kenneth L. Norpel of 1601 Scenic View Drive, requesting a hearing relative to a notice served by the Building Com- missioner on October 4, 1966, as to removal of rabbits. Mr. Sylves- ter McCauley moved that the office cer of the Board of Health be in- structed to proceed with legal ac- tion to remove offending rabbits. Seconded by Mr. Merlin F. Schultz. Carried by the following vote: Yeas — Chairman Walter A. Pregler, Messrs. Richard Ludwig, M. Sylvester McCauley, Eldon A. Pfohl, Merlin F. Schultz. Nays—None. There being no further business Mr. Richard Ludwig moved to ad- journ. Seconded by Chairman Walter A. Pregler. Carried by the following vote: Yeas — Chairman Walter A. Pregler, Messrs. Richard Ludwig, M. Sylvester McCauley, Eldon A. Pfohl, Merlin F. Schultz. Nays—None. Leo F. Frommelt Clerk Board of Health Approved.c1.,�ni a.xy....� ...19...;7 Adopted JyAgA4 y.. 2.3.......19..67 . , .1 _ . :. ............... bers Board of ealth Attes • ....� ............................................ erk Boa d of Health Special Session, October 17, 1966 403 CITY COUNCIL OFFICIAL Special Session, October 17, 1966. Council met at 7:30 P.M. (D.S.T.) Present --Mayor Walter A. Preg- ler, Councilmen Ludwig, McCau- ley, Pfohl, Schultz. City Man- ager Gilbert D. Chavenelle. Mayor Pregler read the call and stated that service thereof had been duh• made, and this meeting is called for the purpose of certifying names of persons who have success- fully passed the written and physi. cal examinations for the positions of police patrolman and police matrons, and acting upon such oth- er business as may properly come before a regular meeting of the City Council. October 17, 1966 To the Honorable Mayor and City Council Gentlemen: At the Council meeting held September 9th, you referred to the Plumbing Board a petition from Finley Hospital requesting a re- stricted license for Mr. Earl Hoff- man. Enclosed is a letter addressed to the Council from the Clerk of the Plumbing Board. It is my under- standing that the examination re- ferred to in the letter will be held October 28th. Respectfully submitted. Gilbert D. Chavenelle City Manager Mayor Pregler moved to comply with request of the Plumbing Board. Seconded by Councilman Ale cauley. Carried by the following vote: Yeas — Mayor Pregler, Council men McCauley, Schultz. Nays — Councilmen L u d w 1 h Pfohl. October 17, 1961 To the Honorable Mayor and City Council Gentlemen: Cler It is requested that the City be authorized to sign City paper and documents during my absent from the City, October 21st to 2711 The papers and documents concert ed with largely be purchase ordei and expense. vouchers. Respectfully requested, Gilbert D. Chavenelle, City Manager Councilman Pfohl moved approv- 1 of the City Manager's request. econded by Councilman Schultz. arried by the following vote: Yeas — Mayor Pregler, Council - nen Ludwig, McCauley. Pfohl, ;chultz. Nays—None. October 17, 1966 To the Honorable Mayor and City Council Gentlemen: Enclosed is a copy of a letter from Mr. Louis Pfohl regarding a visit to the Julien Motor Inn. It has been suggested that a good time for the visit would be 9:00 a.m., Saturday, October 22nd. Would you please let Mayor Pregler know your wishes so that arrangements can be made. Respectfully, Gilbert D. Chavenelle City Manager Mayor Pregler moved that the communication be received and filed. Seconded by Councilman Me- Cauley. Carried by the following vote: Yeas — Mayor Pregler, Coun- cilmen Ludwig, McCauley, Pfohl, Schultz. Nays—None. October 17, 1966 To the Honorable Mayor and City Council Gentlemen: At your meeting of October 3rd a complaint was submitted concern- ing the condition of the property at 2419 Central Avenue. Representatives of the Building Department inspected the property on September 15th and reinspected it on October 11th. In order to re- port the situation, I'm enclosing a copy of a letter from Mr. A. Nagel, dated October 11th. Respectfully submitted, Gilbert D. Chavenelle, City Manager Mayor Pregler morthat the and communication bee filed. Seconded by Councilman Mc- Cauley. Carried by the following evote: r. Yeas --- Mayor regler,Council, r. men Ludwig, .s Schultz. Nays—None. 404 Special Session, October 17, 1966 October 17, 1966 To the Honorable Mayor and City Council Gentlemen: It is recommended that two ad- ditional 4,000 watt incandescent street lights be installed on East 16th at our landfill site. Respectfully, Gilbert D. Chavenelle City Manager Councilman Ludwig moved teat the recommendation of the City Manager be approved. Seconded by Councilman Pfohl. Carried by the following vote: Yeas — Mayor Pregler, Coun- cilmen Ludwig, McCauley, Schultz. Nays—None. October 5, 1966 Honorable Mayor and and City Council Gentlemen: While the results of the Septem- ber 20 referendum for the County - City Building were a disappoint- ment to those of us who have worked so hard for the project, we do not want the occasion to pass without expressing our thanks to the Council and all of the depart- ment heads who cooperated with the Authority in developing the requirements of the various offices so that we would have an efficient building. Our responsibility as Commis- sioners continues to develop ap- propriate plans which will meet with the approval of the majority of the electorate and we pledge ourselves to continue to study this problem to the end that a project can be put together that will re- ceive the approval of the great majority of citizens. We look forward to your contin- ued support and cooperation. Sincerely yours, County -City of Dubuque Authority By Herman Lott Clem Welsh John Sherman Councilman McCauley m o v e d that the communication be received and filed. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Mayor Pregler, Council- men Ludwig, McCauley, Pfohl, Schultz. Nays—None. October 10, 1966 The Honorable Mayor and Members of the City Council Gentlemen: In compliance with Section 48.26 of the 1966 Code of Iowa, five branch registration places were established in the City of Dubuque for the first week of October. These branch registration places were open from 12:00 o'clock noon until 8:00 P.M., October 3rd through the 7th. On October 8th, they remained open from 8:00 A.M. until 5:00 P.M. I wish to report the following tabulation of new registrations and the number of changes of address: Post Office --60 Registrations, 27 Changes of Address 18th St. Engine House -24 Regis- trations, 4 Changes of Address No. 4 Engine House --36 Registra- tions, no Changes of Address No. 5 Engine House -14 Registra- tions, no Changes of Address No. 6 Engine House -21 Registra- tions, 4 Changes of Address Totals — 155 Registrations, 35 Changes of Address After the processing of the new registrations and changes of ad- dress it was determined that 16 of the registrations were dupli- cates and 6 of the changes of ad- dress were void because the peo- ple were not registered voters. Four hundred fifty-three work hours were involved in the above for a total cost to the City of $453.00. Respectfully submitted, Leo F. Frommelt Commissioner of Registration Councilman Ludwig moved that the report be received and filed. Seconded by Councilman McCau- ley. Carried by the following vote: Yeas — Mayor Pregler, Coun- cilmen Ludwig, McCauley, Pfohl, Schultz. Nays—None. October 11, 1966 To the Honorable Mayor and City Council Gentlemen: In accordance with the provisions of Chapter 365 of the 1962 Code of Iowa, the Civil Service Commission conducted entrance examinations on September 22, 1966, for persons r.- seel Del 7 p� cal cer PO Slxrcial Session, October 17,1%,6 405 seeking appointment to the Police Department. The following named persons passed both the written and physi- cal examinations and are hereby certified for appointment to the POLICE Department, John J. Mau -s-1; 91 ": Cyril W. Oswald 871: Gerald C. Kressig 83' Gail P. Oberhoffer 7w, Respectfully submitted. Gerard B. Noonan Chairman LeRoy H. Giles Members of Civil Service Commission. Attest: Leo F. Frommclt, City Clerk Subscribed and sworn to before me this 11th day of October, 1966. Eugene J. Berens Notary Public Councilman Pfohl moved that the certification be receiv4 and made a matter or record. Seconded by Councilman McCauley. Carried by the following vote: Yeas—Mayor Pregler, Council men Ludwig, McCauley, Pfohl, Schultz. Nays—None. October 11, 1%6 To the Honorable Mayor and Members of the Pity Council Gentlemen: In accordance With the provi- sions of Chapter 365 of the: 1962 Code of Iowa, the Civil Service Commission conducted examina- tions on September 22, 1966, for Persons seeking appointment to the Police Department, as POLICE MATRONS. The following named persons passed both the written and physi• cal examinations and are hereby certified for appointment as PO- LICE MATRONS. Norma Jean Koppen ...............77% Elizabeth I. Schmitt ................71% Respectfully submitted, Gerard B. Noonan Chairman LeROy H Giles Louis F. Fautsch Members of Civil Service Commission Attest: Leo F. Frommelt Clerk -4 Subscribed and sworn to before me this 11th day of October, 1966. Eugene J. Berens, Notary Public Councilman Ludwig moved that the certification be received and matte a matter of record. Second• ed by 'Mayor Pregler. Carried by the following vote: Yeas — Mayor Pregler, Coun- cilmen Ludwig, McCauley, Pfohl, Schultz, Nays—None. Printed Council proceedings pre- sented for the month of June 1966. Councilman Pfohl moved that the Council proceedings for the month of June 1966 be approved as printed. Seconded by Mayor Preg- ler. Carried by the following vote: Yeas—Mayor Pregler, Council- men Ludwig, McCauley, Pfohl, Schultz. Nays—None. October 14, 1966 To the Honorable Mayor and City Council Gentlemen: The request of St. Joseph Mercy Hospital to purchase a parcel of City owned property known as that part of Lot 1 of City Lot 732 located south of Mazzuchelli Drive has been considered by the Plan- ning and Zoning Commission. After conferring with the City Engineer and City Manager it was determined that the part needed and requested for the access road was not needed by the Water De- partment. Therefore the Commission sees no public need for that part of property needed for the access road. Respectfully submitted, Dubuque Planning & Zoning Commission By F. J. Glob, Secretary Mayor Pregler moved that the recommendation of the Commis- sion be referred to the City Man- ager and Solicitor for proper pro- ceedings. Seconded by Councilman McCauley. Carried by the following vote: Yeas — Mayor Pregler, Council, men Ludwig, McCauley, Schultz. Nays --None. Notice of claim of Mrs. Russell (Helen M.) Scherrer, in on un, 406 Special Session, October 17, 1966 _ named amount, for personal injur- ies received in a fall at 13th & Cen- tral at the city parking lot drive- way on September 24, 1966, pre- sented and read. Councilman Lud- wig moved that the notice of claim be referred to the City Solicitor for investigation and report. Sec- onded by Councilman Schultz. Car. ried by the following vote: Yeas — Mayor Pregler, Council- men Ludwig, McCauley, Pfohl, Schultz. Nays—None. October 14, 1966 Hon. Mayor & City Council Gentlemen: Sometime ago you granted per- mission to the Dubuque Chamber of Commerce to conduct an indus. trial fair and to occupy 7th Street from Locust to Bluff and block the same off. Your permission was granted to the Dubuque Chamber of Com- merce on condition, however, that it would show evidence of ade. quate insurance and proper indem- nity provisions be furnished the City Attorney in order that I might satisfy the City Manager ac- cordingly. This is to advise that after re- peated requests and demands for evidence of insurance, same was not furnished to this office and as a consequence I could not certify as to whether or not there was insurance enough in effect at the time of this industrial fair. In my opinion this is a very serious omission and I do not wish to assume such responsibility ei- ther now or in the future and therefore I respectfully recom- mend that in the future when such requests for permission to block off any street is made, such as in this instance, to conduct an indus- trial fair, that no permission be granted as such time as evidence of insurance is furnished and proper indemnification agreements executed. The present situation places an unreasonable burden upon your City Manager and your City At- torney with no power to protect the City in the event of failure to comply with the directions of the Council. To my knowledge there has been no incident that occurred that would expose us to liability but we are concerned with possi- bilities and probabilities in this particular instance. I regret to have to advise the Council in this manner but I do not feel that I should assume the responsibility of this situation and feel compelled to bring it to your attention in order that same will not occur again. Respectfully submitted, R. N. Russo Councilman McCauley moved that the recommendation of the City Attorney be approved. Sec- onded by Councilman Pfohl. Car- ried by the following vote: Yeas — Mayor Pregler, Coun- cilmen Ludwig, McCauley, Pfohl, Schultz. Nays—None. ORDINANCE NO. 51.66 An Ordinance Amending Ordin- ance No. 33.49 known as The Traffic Code of Dubuque, Iowa by repealing Section 60 of Sched- ule VI thereof and enacting a New Section 60 to Schedule VI thereof to prohibit the parking on the West Side of Henion Street from Loras Boulevard to Helena Place, 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, Council- men Ludwig, McCauley, Pfohl, Schultz. Nays—None. Councilman Ludwig moved that the rule requiring reading of an Ordinance on three separate days be waived. Seconded by Mayor Pregler. Carried by the following vote: Yeas — Mayor Pregler, Council- men Ludwig, McCauley, Pfohl, Schultz. Nays—None. ORDINANCE NO. 5I.66 AN ORDINANCE AMENDING ORDI- NANCE NO. 3349 KNOWN AS "THE TRAFFIC CODE OF DUBUQUE, 60 OF SCHEDULED VAI THEREOF SECTION ENACTING A NEW SECTION 60 TO SCHEDULE VI THEREOF TO PRO- HIBIT THE PARKING ON THE WEST SIDE OF HENION STREET FROM LORAS BOULEVARD TO HELENA NOW THE CITY COUNCIL OF IT THE INED CITYY OF DUBUQUE, IOWA: Section 1. That Ordinance No. 33-49 known as "The Traffic Code of Dubuoue, Iowa" be and the same IS hereby amend- ed by repealing Section 60 of Schedule .y, Special Session. October 17, 1966 907 VI f1WWf and enacting a new Settlor' 66 to ScAedule VI thereof In Lieu Hereof es �p�s, to wlt: $ E D Me the west s t side of MMlon Street rom Loras Boulevard to Helena Place. Passed. adoppted end approved this 17th d y of E -t— a R 66" EdLER Mayor ME RL NEFT�RCHVtCAULEY ELDON A. PF HL RICHARD LUDWIG Councilmen ATTEST: CLeo , F mmett Published olflclally In The Telegraph: tWald Newspaper this 20th day of Oc tober 1466. Leo F. Frommelt City Clerk it. 16.21) Councilman Ludwig moved adop- tion of the Ordinance. Seconded by Mayor Pregler. Carried by the fol- lowing vote: Yeas — Mayor Pregler, Council- men Ludwig, McCauley, Pfohl, Schultz. Nays—None. Petition of Inter Club Council of Loras College, requesting per- mission to publicize their annual Kampus Karnival Saturday, October 22nd, and further requesting the use of a banner, speaker truck, and distribution of fliers, presented and read. Councilman Ludwig mov- ed that the petition be referred to the City Manager, Building Com- missioner and Police Chief. Sec. onded by Councilman Pfohl. Car- ried by the following vote: Yeas—Mayor Pregler, Council- men Ludwig, McCauley, Pfohl. Schultz. Nays—None. Petition of Thomas H. Gressler, requesting the installation of a street light on Cox Street behind Loras College, presented and read. Councilman Ludwig moved that the petition be referred to the Citv Manager and Electrical Inspector for investigation and report. Sec- onded by Councilman Pfohl. Car- ried by the following vote: Yeas — Mayor Pregler, Council- men Ludwig, McCauley, I'fohl, Schultz. Nays—None. Petition of Mrs. Clarence Gordon requesting the installation of a street light at 2163 Sunnyviely Drive, presented and read. Mayor Pregler moved that the petition be referred to the City Manager and Electrical Inspector for investi- gation and report. Seconded by Councilman Schultz. Carried by the following vote: Yeas — Mayor Pregler, Council. men Ludwig, McCauley, Pfohl Schultz. Nays—None. Petition of Dubuque Jaycees re- questing the use of two parking spaces at 7th & Main, permission to use a trailer office and solicit pennies in the downtown area in support of their symphony, pre- sented and read. Mayor Pregler moved that the petition be referred to the City Manager, Building Com- missioner and Police Chief. Second- ed by Councilman Ludwig. Carried by the following vote: Yeas — Mayor Pregler, Council- men Ludwig, McCauley, Pfohl, Schultz. Nays—None. Petition of Peoples Natural Gas requesting permission to excavate at the intersection of Kaufmann Avenue and North Grandview Ave., presented and read. Councilman Schultz moved that the petition he granted. Seconded by Council- man Pfohl. Carried by the follow- ing vote: Yeas — Mayor Pregler, Council- men Ludwig, McCauley, Pfohl, Schultz. Nays—None. Petition of Peoples Natural Gas requesting permission to extend gas lines on top of the ground to service the Dubuque County Nurs- ing Home, presented and read. Councilman Pfohl moved approval of the petition subject to approval of the City Manager, City Solicitor and City Engineer. Seconded by Mayor Pregler. Carried by the fol- lowing vote: Yeas — Mayo Pregler, Council- men Ludwig,McCauley, Schultz. Nays—None. Petition of Richard R. Buscher of 2674 Marywood Drive requesting permission to obtain a dance per- mit for a teenage night club to be operated at 600 Iowa orepregle- sented and read. May moved that the petition be refer. red to the City Dlanager for dis- cussion after this meeting. Second- ed by Councilman Schultz. Car- ried by the following vote: Yeas — Mayo Pregler, Council men Ludwig, McCauley, PfOhlo Schultz. Nays—Nous.