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1969 February Council Proceedings 28 Special Session, January 27, 1969 Yeas - Mayor Pregler, Coun- cilmen Meyers, McCauley, Schultz. Nays-None. Absent-Councilman Couchman. RESOLUTION NO. 19-69 BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the following having complied with tbe 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. Martin & Esther Westerfield, 2175 Central Avenue Gerald E. Miller, 2417 Rhomberg Avenue BE IT FURTHER RESOLVED that the bonds filed with the ap- plication he approved. Passed, adopted and approved this 27th day of January, 1969. Walter A. Pregler Mayor Sylvester McCauley Merlin F. Schultz Donald R. Meyers Councilmen Attest: Leo F. Frommelt City Clerk Councilman Meyers moved adop- tion of the resolution. Seconded by Councilman Schultz. Carried by the following vote: Yeas - Mayor Pregler, Coun- cilmen Meyers, McCauley, Schultz. Nays-None. Absent-Councilman Couchman. Mayor Pregler moved that Mr. Eldon Digman replace Richard .. Ludwig as a member of the Met- ropolitan Planning Commission. Seconded by Councilman Schultz. Carried by the following vote: Yeas - Mayor Pregler, Council- men Meyers, McCauley, Schultz. Nays-None. Absent-Councilman Couchman. Their being no further business Councilman McCauley moved to adjourn. Seconded by Mayor Preg- ler. Carried by the following vote: Yeas - Mayor Pregler, Council- men Meyers, McCauley, Schultz. Nays-None. Absent-Councilman Couchman. Leo F. Frommelt City Clerk Approved ..................................1969. Adopted ......................................1969. ............................................................ ............................................................ Councilmen Attest: """"ëïiÿ"ci~~k:""""""""""" Regular Session, February 3, 1969 29 CITY COUNCIL (OFFICIAL) R8!luler Session, Februery 3, 1969. Council met at 7:30 O'clock P.M. (C.S.T.) Present-Meyor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. City Manager Gilbert D. Chevenelle. 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 busi- ness as may properly come before the meeting. Communication of Janlin Plastic Company Inc. expressing satisfac- tion as to the Council's decision to improve landing facilities at the Airport, presented and read. Coun- cilman Meyers moved that the communication be received and filed. Seconded by Councilman McCauley. Carried by the follow- ing vote: Yeas-Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays-None. Communication of Dub u que County Attorney McCauley submit- ting a report to Attorney General Turner relative to a complaint submitted by Mr. A. L. Weitz, as to tbe holding of secret meetings by the City Council, stating that in his opinion no violation of Chapter 98 of the 62nd G. A. has occurred and that no further action is war- ranted, presented and read. Mayor Pregler moved that the communi- cation and report be received and filed. Seconded by Councilman Couchman. Carried by the follow- ing vote: I Yeas-Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays-None. January 29, 1969 To the Honorable Mayor and City Council Gentlemen: I am enclosing a letter and news release received from Edward W. Ossenkop regarding gas rates. Mr. Ossenkop indicated that he would file with the City Clerk the new rates as required by the City Franchise Ordinance. Respectfully submitted, Gilbert D. Chavenelle City Manager Councilman Schultz moved that the communication be received and filed. Seconded by Councilman Couchman. Carried by the follow. ing vote: Yeas-Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays-None. January 29, 1969 To the Honorable Mayor and City Council Gentlemen: I am enclosing the Annual Audit of the 1968 records of the Dubuque Parking System. The report was prepared by O'Connor, Brooks, Ahrendt & Brooks. Respectfully submitted, Gilbert D. Chavenelle City Manager Councilman Couchman moved that the communication be received and filed. Seconded by Mayor Pregler. Carried by the following vote: Yeas-Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays-None. February 3, 1969 To the Honorable Mayor and City Council Gentlemen: A year ago, George L. McCarten asked that his resignation from the Plumbing Board of Examiners be considered. He was requested to remain on the Board until this time. Mr. McCarten has served as Board Member for about thirty-five years and it is suggested that the Council take official note of his long service to the City. I have appointed Mr. Robert G. Steichen as a member of the Plumbing Board of Examiners to fill the vacancy. His term will be for three years from this date. I request the Council to approve this appointment. Respectfully, Gilbert D. Chavenelle City Manager Councilman McCauley moved ap- proval of the appointment. Second- ed by Councilman Couchman. Car- 30 Regular Session, February 3, 1969 ried by the following vote: Yeas-Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays-None. January 31, 1969 The Honorable Mayor and City Council Gentlemen: This is to advise that I have ap- proved the following bonds and policies and desire to have your approval on same. COMPREHENSIVE LIABILITY Black & White, Yellow & Check- er Cab Co., Inc., The Aetna Casual- ty and Surety Co. Black & White, Yellow & Check- er Cab Co., Inc., Employers Rein- surance Corporation. Dubuque Stone Products Com- pany, Bituminous Casualty Cor- poration. Saffran Construction Company, Bituminous Casualty Corporation. SIDEWALK Haase Bnilding Contractor, Con- tinental National American Group. Gilbert Roling, Merchants Mu- tual Bonding Company. Respectfully, Gilbert D. Chavenelle City Manager Mayor Pregler moved that filing of the policies and bonds be ap- proved, subject to approval of the City Attorney. Seconded by Coun- cilman Meyers. Carried by the fol- lowing vote: Yeas-Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays-None. February 3, 1969 To the Honorable Mayor and City Council Gentlemen: You referred to the City Health Officer and City Manager a copy of the State Department of Health rules relating to air pollution control. I am returning to you the origi- nal papers received from the State and copies of letters received from Dr. Hazlet and Mr. Roth who re- viewed the State regulations and our pertinent city ordinances. It appears that our regulations comply with the State rules. Respectfully, Gilbert D. Chavenelle City Manager Councilman Meyers moved that the communication be received and filed. Seconded by Mayor Pregler. Carried by the following vote: Yeas-Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays-None. February 3, 1969 To the Honorable Mayor and City Council Gentlemen: It is recommended that all street lights on Locust, from the mid- block light between 9th and 10th to the light located on the north- west corner of Locust and Loras, be replaced with 250 watt mercury vapor lights. The recommendation does not include the light located at 13th and Locust. There are nine street lights involved. The purpose of the change is to increase the lighting level of each light from 6000 lumen to 11,000 lumen. Respectfully requested, Gilbert D. Chavenelle City Manager Councilman Meyers moved that the recommendation of the City Manager be approved. Seconded by Councilman Schultz. Carried by the following vote: Yeas-Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays-None. February 3, 1969 To the Honorable Mayor and City Council Gentlemen: I plan to be at the University of Michigan attending a five day course on program budgeting, February 17-21. It is requested that Leo F. From- melt be authorized to sign city papers during this period. The pa- pers will consist mainly of expense and payroll vouchers. Respectfully requested, Gilbert D. Chavenelle City Manager Councilman McCauley m 0 v e d that the Manager's request be granted. Seconded by Mayor Preg- ler. Carried by the following vote: Yeas-Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays-None. Notice of claim of American States Insurance in the amount of $253.50 in behalf of their insured Marie K. Fangman, for car damage Regular Session, February 3, 1969 31 incurred by said insured as the result of fallen tree limb on her car on December 4, 1968 while parked in front of 797 Alta Vista Street, presented and read. Mayor Pregler moved that the noticed of claim be referred to the City So- licitor for investigation and report. Seconded by Councilman Couch- man. Carried by the following vote: Yeas-Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays-None. Notice of Claim of Jay Emerson Davis, in the amount of $376. for personal property damage as the result of a sewer back-up on Janu- ary 23, 1969, at 897 W. Locust Street, presented and read. Mayor Pregler moved that the notice of claim be referred to the City So- licitor for investigation and report. Seconded by Councilman Couch- man. Carried by the following vote: Yeas-Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays-None. Notice of Claim of Rose Kehoe of 1532% Jackson Street, in an un- determined amount, for personal injuries received in a fall on an ice covered sidewalk at 2870 Wash- ington Street on January 8, 1969, presented and read. Mayor Pregler moved that the notice of claim be referred to the City Solicitor for investigation and report. Seconded by Councilman Couchman. Carried by the following vote: Yeas-Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays-None. Notice of Claim of Albert Ken- kel of 2609 VanBuren Street, in the amount of $60.72 for car damage incurred as the result of striking icy ruts in the street caused by a broken water hydrant at Chaney & Kaufmann Avenues on January 24, 1969, presented and read. Mayor Pregler moved that the notice of claim be referred to the City So- licitor for investigation and report. Seconded by Councilman Couch- man. Carried by the following vote: Yeas-Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays-None. Notice of Claim of Leo Schmitt of 3277 Jackson Street, in the amount of $125.00, for damage and expense incurred as the result of a sewer back-up at his home on January 23, 1969, presented and read. Mayor Pregler moved that the notice of claim be referred to the City Solicitor for investigation and report. Seconded by Councilman Couchman. Carried by the follow- ing vote: Yeas-Mayor Pregler, Council- men Couchman, Meyers, McCaUley, Schultz. Nays-None. Notice of Suit of Helen & Harold Shaffer, in the amount of $70,000, for personal injuries received by Helen Shaffer as the result of a fall on an ice covered walk at 109 East 32nd Street on December 17, 1967, presented and read. Mayor Pregler moved that the notice of claim be referred to the City Solici- tor for investigation and report. Seconded by Councilman Couch- man. Carried by the following vote: Yeas-Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays-None. Notice of Claim of Aid Insurance Services in the amount of $63.86 in behalf of their insured Patrick Graze, as the result of a fallen tree limb causing damage to said insured's car on October 17, 1968, presented and read. Mayor Pregler moved that the notice of claim be referred to the City Solicitor for investigation and report. Seconded by Councilman Couchman. Carried by the following vote: Yeas-Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays-None. Notice of Claim of Faber Music Co., in the amount of $1,272.94, for damage to merchandise as the re- sult of water flooding their base- ment at 1157 Central Ave. due to a sewer back-up on January 30, 1969, presented and read. Mayor Pregler moved that the notice of claim be referred to the City So- licitor for investigation and report. Seconded by Councilman Couch- man. Carried by the following vote: Yeas-Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays-None. Notice of claim of Gerald Schuel- ler, in the amount of $559.07, for damage to merchandise and ex- pense incurred as the result of a sewer back-up at his home at 35 presented for final adoption. ORDINANCE ND. .... An Drdlnance amending and .hang- In. Ordlnan.. No. 3-34 known a. the ZonIng M.. and Zoning Ordl. nan.. of th. C". of Dubuque, 'owa, 1.".re~~aJ:r 'h:."~~,:~rfa}~.,J'ro~~ Family ReSidence Dlst"ct" .'a""'. cation fo "Mull'pl. F.mlly _'d.n.. District" "a""",,'on. NOW THEREFORE BE IT ORDAINED by the City Council of lbe City of Du- buo: S, 32 Regular Session, February 3, 1969 E. 32nd Street on January 23, 1969, ì presented and read. Mayor Pregler moved that the notice of claim be referred to the City Solicitor for investigation and report. Seconded by Councilman Couchman. Carried by the following vote: Yeas-Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays-None. Notice of claim of William P. Collins, in behalf of Steven P. Col- lins, a minor, in an undertermined I amout, for personal injuries re- ceived by said minor as the result of a fall on aD icy sidewalk at 1820 W. 3rd Street on January 7, 1969, presented and read. Mayor Pregler moved that the notice of claim be referred to the City Solicitor for investigation and report. Seconded by Councilman Couchman. Carried by the following vote: Yeas-Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays-None. Proof of Publication, certified to by the Publisher, of notice of hear- ing to consider amending Zoning Ordinance No. 3-34 so as to change Lot 1 of O.L. 723 and Lot 1 of Roman Catholic Graveyard from Two Family Residence District Classification to Multiple Family Residence District Classification, preseuted and read. No written objections were filed and no oral objectors were present ~~tt~:rc:'~n~~b1~:,::~::the time I Councilman Meyers moved that the proof of publication be received and filed. Seconded by Mayor Preg- ler. Carried by the following vote: Yeas-Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays-None. ORDINANCE NO. 2-69 An Ordinance am.nding """ changing Ordinance No. 3-34 known as the Zoning Map and Zoning Ordinance of the City of Dubuque, Iowa, so as to change certain property hereinafter de- scribed from "Two Family Residence District" classifica- tion to "Multiple Family Resi. dence District" classification, (Kelly Bluff.Schlltz) said Ordinance having been previ. ously presented and read at the Council meeting of January 6, 1989, ,.al estale. lo-wit' Lot 1 of Outtot '123 aDd Lot 1 of Rom- an Catholic Graveyard, In the City of Dubuque in Dubuque Counly, Slate of Iowa. Pa.sed, app adopted ..... 3cd day of Feb . . Pregler or Atte", Leo F. Fcommell City CIerk H~~~àisM~s~~~;':I3dsm 7~e dI:~~1;: ruary, 1969. LEO F. FROMIIŒLT CIty CIerk 11.2/7 Councilman Meyero moved final adoption of the Ordinance. Second- ed by Councilman Schultz. Carried by the following vote: Yeas-Mayor Pregler, Council- men <'ouchman, Meyers, McCauley, Schultz. Nays-NODo. Petition of Dubuqne Sunnner Festival Inc. (re-submitted from meeting of December 30, 1968) re- questing permission to close off Hawthorne St1'eet from Kerper Blvd. to Harbor street; USe of park- ing lot behind the swimming pool; also use of parking lot west of the ball field during the festival from July 16th to 20, presented and read. Mayor Pregler moved that the petition be approved subject to consideration of the Traffic De- partmenl, City Manager, City En- gineer and that the property is available at the time. Seconded by Councilman Couchman. carried by the following vote: Yeas-Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays-None. Petition of Gemini Inc. request- ing permission to conduct a side- walk Uptown Art Fair on a week- end in May from EMt 21st street Regular Session, February 3, 1969 33 north, to E. 18th Street South, I Statement of Ray Rampson, a o..t to White at 20th, Central Ave- member of the Engineering Depart- nue being boundary on the west, ment, certifying that notices of as- presented and read. se9sment and intention of the Councilman Meyers moved that Council to i9sue bonds were posted the rules be su9pended In order to on Tuesday, January 21, 1969, With- lèt anyone present address the in the assessable district of City of Council if they so desire. Seconded Dubuque 1967 SIdewalk Project No. by Mayor Pregler. Carried by the 1, presented and read. Councilman following vote: Schultz. moved t~at the statement Yeas-Mayor Pregler Council- be received and flIed. Seconded by wen Couchman, Meyers,'McCauley, Ma,:or Pregler. Carried by the fol- Schultz. lowmg vote: Nays-None. Yeas-Mayor Pregler, Council- Glenda Loux of 2920 Foye Street men Couchman, Meyers, McCauley, Chairman of the Gemini art Fair Schultz. addressed the Council by giving a Nays-N?ne.. description of the proposed area to ~ommumcatlOn of Robert P. be used and what would be intend- Splegelhalter of 2960 Davenport ed to put into the area during the S~reet: ob e~ng to completion of art fair his drIveway m proper form, as the '. result of the construction of the Councilman Schl!l? m?~ed ap- sidewalk project in front of his proval of the Gemml petJl1on and home presented and read Conneil. that same should be referred to the man Schultz moved that 'the COIn- c;>!y Manager to work out ~e de- munication be received and filed. taIls, Seconded. by CounCilman Seconded by Councilman Couch- ~ouchm~n. CarrIed by the follow- man. Carried by the following ..ate: mg vote. . Yeas-Mayor Pregler, Council- Yeas-Mayor Pregler, Conncd- men Conchman Meyers McCauléy man Couchman, Meyers, McCauley, Schultz. ' , , Schultz. Nays-None. Nays-None. Communication of Mrs. Marie Proof of Publication, certified to Winterowd of 1930 Shelby Street, by the Publication, certified to by objecting to additional amount as- tbe Publisher, of notice of levy of sessed for construction of sidewalk Special Assessment and Intention on Adair street under the 1967 of the Council to issue bonds to Sidewalk program No. I, presented pay for City of Dubuque 1967 Side- and read. Mayor Pregler moved walk Project No.1, presented and that the communication be referred read. Councilman Meyers moved to the City Engineer for investiga. that the proof of publication be tion and report. Seoonded by received and filed. Seconded by Councilman !\!:eyers. Carried by Mayor Pregler. Carried by the fol- the following vote: lowing vote: Yeas-Mayor Pregler, Council- Yeas-Mayor Pregler, Council- men Couchman, Meyers, McCauley, men Couchman, Meyers, McCauley, Schultz. Schultz. Nays-None. Nays-None. Councilman Meyers mo.-ed that Statement of City Clerk certify- all objections. to the City. of Du- ing that notices of levy were mailed buque 1967 SIdewalk project No. by certified mail on December 31 I be overruled. Seconded by Mayor 1008, to property owners of record Preg.ler. Carried by the following according to records of the County vote. . Auditor, subject to assessment for Yeas-Mayor Pregler, CounCJl- City of Dubuque 1967 sidewalk men Couchman, Meyers, McCauley, project No.1, presented and read. Schultz. Councilman Couchman moved that Nays-None. the statement be received and filed. RESOLUTION NO. 20-69 Seconded by Councilman Schultz. Schedule of Assessments. Carried by the following vote: RESOLVED by the City Council Yeas-Mayor Pregler, Council- of the City of Dubuque, Iowa: That men Couchman, Meyers, McCauley, to pay for CITY OF DUBUQUE Schultz. 1967 SIDEWALK PROJECT NO.1 Nays-None. for concrete sidewalks constructed 34 Regular Session, February 3, 1969 on: Adair street, Andrew Court, Broadway, Co ate s, Davenport, Davis, Finley, Garfield, Gilliam, North Grandview, Jeffrey, Kauf- mann, Lincoln, Morningview, Pearl, Rosedale and West Locust streets by William O'Neill, contractor in front of and adjoining the same, a special tax be and is hereby levied on the several lots, and parts of lots, and parcels 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: ADAIR STREET Peter J. & Gloria Schmitt, Lot 3, Woodlawn Park ........................$ 128.54 V. L. & Marie Winterowd, Lot 29, Woodlawn Park ........................ 131.18 V. L. & Marie Winterowd, Lot 30, Woodlawn Park ........................ 131.19 $ 390.91 All of which is assessed in proportion to the special benefits con- ferred. ANDREW COURT Donovan & Helen M. Dixon, Lot 25, Richards Subdivision ..........$ 151.65 All of which is assessed in proportion to the special benefits con. ferred. BROADWAY STREET City of Dubuque, Alley..................................................... "Howard H. Hintz, Lot 1, Kings Grove Addition "Howard H. Hintz, Lot 2, Kings Grove Addition "Howard H. Hintz, Lot 3, Kings Grove Addition L. & Caroline Ott, Lot 4, Kings Grove Addition """""""""""""" Friend L. & L. Bernice Trevallee, Lot 24, Kings Grove Addi- tion .................................................................................................. Friend L. & L. Bernice Trevallee, Lot 25, Kings Grove Addi- tion .................................................................................................. Friend L. & L. Bernice Trevallee, Lot 2-2-3-29, J. Kings 2nd Addition ...............$ 150.10 77.33 58.29 59.89 121.58 83.53 200.08 75.93 Assessable Deficiencies 825.81 123.41 949.22 TOTAL: DEFICIENCIES Howard Hintz, Lot 1, Kings Grove Addition .... Howard Hintz, Lot 2, Kings Grove Addition Howard Hintz, Lot 3, Kings Grove Addition ................$ 55.29 34.86 33.26 $123.41 All of which is assessed in proportion to the special benefits con ferred. COATES AVENUE I. S. Mead Jr. & Jeanne Schenck, Lot 1, Mead Schencks Place ....$ 641.25 All of which is assessed in proportion to the special benefits con- ferred. DAVENPORT STREET Citv of Dubuque, Alley ........................................................................$ 61.71 Cletus Freiburger, Lot 2, McDaniels Park Hill .............................. 1,402.71 Robert P. & Dolores Spiegelhalter, Lot 2-1, Andrew Richard Place ....................................................................................... LiIlian Dean, Lot 1, Mineral Lot 354 26~.31 102.30 $1,830.03 All of which is assessed in proportion to the special benefits con- ferred. DAVIS AVENUE Lloyd Vaughn & Muriel Gayman, Lot 47, Sheridan Addition ......$ 136.00 All of which is assessed in proportion to the special benefits con- ferred. Regular Session, February 3, 1969 35 FINLEY STREET Philip A. Geitz, Lot S.5O'-19, Fiuley, Waples & Burtons Addi- tion ....................................................................................................$ 130.55 All of which is assessed in proportion to the special benefits con- ferred. GARFIELD AVENUE Joseph & Marie Ventrella, Lot 147, Hams Addition ....................$ Joseph & Marie Ventrella, Lot 148, Hams Addition """""""""" Joseph & Marie Ventrella, Lot 149, Hams Addition .................... Joseph & Marie Ventrella, Lot 150, Hams Addition """""""""" Joseph & Marie Ventrella, Lot 151, Hams Addition .................... Joseph & Marie Ventrella, Lot 152, Hams Addition """""""""" Joseph & Marie Ventrella, Lot 153, Hams Addition .................... Joseph & Marie Ventrella, Lot 154, Hams Addition .. William J. Kiauer, Lot 163, Hams Addition William J. Klauer, Lot 164, Hams Addition William J. Klauer, Lot 165, Hams Addition William J. Klauer, Lot 169, Hams Addition ................................ OConto Mrs. Esther M. Heinz, Lot 167, Hams Addition "'............. 124.58 124.56 124.56 124.56 124.56 124.56 124.57 124.57 122.16 122.16 122.16 93.04 486.03 Assessable """"""""""""""""""""""'......................................... 1,942.05 DefICiency """"""""""""""""'..................................................... 29.11 TOTAL: ..........................................................................................$1,971.16 DEFICIENCIES William J. Klauer, Lot 169, Hams Addition ....................$ 29.11 All of which is assessed in proportion to the special benefits con- ferred. GILLIAM STREET Leo J. & Margaret Ann Fah, Lot 100, Finley, Waples & Burtons Addition ............................................................................................$ 375.49 All of which is assessed in proportion to the special benefits con- ferred. NORTH GRANDVIEW AVENUE City of Dubuque, Lot 4, Senior Sub. (inc. alleys) ........................$ City of Dubuque, Lot 5, Senior Sub. (inc. alleys) """""'............. City of Dubuque, Vacated Auburn St. (inc. alley) "'................... City of Dubuque, Lot 27, Burtons Addition ..........................w/27 City of Dubuque, (Both sides Grandview) ............................w/27 City of Dubuque, Lot 27, (Both sides Grandview) """'................. Otto Sr. & Pearl J. Spechtenhauser, Lot 3, Pearls Subdivision .... .Otto Sr. & Pearl J. Spectenhauser, Lot 1-1-31, Burtons Addi- tion """""""""""""'....................................................................... .Otto Sr. & Pearl J. Spectenhauser, Lot 2, Vacated Bauer Street .. Otto Sr. & Pearl J. Spechtenhauser, Lot 1-1-1-1-1-1-1-1-1-1, M.L. 342 """""""""""""""""""""""""""'................................. "Otto Sr. & Pearl J. Spechtenhauser, Lot 1-2-1-1, M.L. 337 "'....... George Johnson, Lot 2-1-1-1-1-1-1-1, M.L. 342 Assessable Deficiencies 418.53 336.79 418.53 997.28 368.40 127.53 61.79 71.15 140.89 67.40 3,008.29 604.65 TOTAL: ...........................................................................................$3,61294 DEFICIENCIES: Otto Sr. & Pearl J. Spectenhauser, Lot 1-1-31, Burtons Addition ............................................................................$139.27 Otto Sr. & Pearl J. Spectenhauser, Lot 2, Vacated Bauer Street """""""""""""""""""""""'................................... 66.05 Otto Sr. & Pearl J. Spectenhauser, Lot 1-2-1-1, Mineral Lot 337 """"""""".................................... ......................... 339.33 $604.65 All of which is assessed in proportion to the special benefits con- ferred. 36 Regular Session, February 3, 1969 JEFFREY DRIVE Merritt B. & Eulalie M. Richards, Lot 2, Block S-IDllcrest Heights ..............................................................................................$ 225.30 AIl of which is assessed in proportion to the special benefits con- ferred. KAUFMANN AVENUE CITY OF DUBUQUE, Lot 2, Mineral Lot 270 ..................................$1,384.04 Vincent A. Conrad, Lot 1-2-1-1-1, Mineral Lot 210 ....................".. 144.42 $1,528.46 AIl of which is assessed in proportion to the special benefits con- ferred. I .- LINCOLN AVENUE Robert E. & Margaret E. Woolley, Lot 527, Hams Addition ........$ William J. & Zoe J. Lembke, Lot 2, Clarks Subdivision .............. Margaret C. Kratz, Lot 2-1, Clarki Subdivision Margaret C. Kratz, Lot 2-A, Clarks Subdivision Kate Capretz, Lot 363, Hams Addition 243.52 95.54 57.98 52.11 309.30 $ 758.45 All of which is assessed in proportion to the special benefits con- ferred. al MORNINGVIEW ROAD Casper J. & Jo Marie GalIiart, Lot 11, Block 4-Hillcrest Park Sub. ....................................................................................................$ 134.79 AIl of which is assessed in proportion to the special benefits con- ferred. PEARL STREET Allan T. Daykin, Lot S'h-26, Finley, Waples & Burtons Add. ......$ 135.43 Allan T. Daykin, Lot S'h-27, Finley, Waples & Burtons Add. ...... 223.36 $ 358.79 All of which is assessed in proportion to the special benefits con- ferred. ....;& ¡jlJJt ROSEDALE AVENUE Albin A. Rhomberg, Lot 24C, A. P. Woods Addition ....................$ 259.96 City of Dubuque, Unimproved Alta Vista St. .................................. 339.39 City of Dubuque, Lot 2.24A, A. P. Woods Addition ..........w/23 City of Dubuque, Lot 2-24, A. P. Woods Addition ................w/23 City of Dubuque, Lot 23, A. P. Woods Addition ................... ....... 377.90 $ 977.25 All of which is assessed in proportion to the special benefits con- ferred. WEST LOCUST STREET City of Dubuque, Alley ......................................................................$ 125.16 Thomas J. Gaynor, Lot N'h-5, A. P. Woods Addition of Sub. of Lot 98 A................................"""""""""""""""""""""""""" 120.35 'Wm. J. Klauer, Lot 33B, A. P. Woods Addition ............................ 66.29 'Wm. J. Klauer, Lot 34B, A. P. Woods Addition ............................ 65.46 'Wm. J. Klauer, Lot 35B, A. P. Woods Addition ............................ 64.63 'Wm. J. Klauer, Lot 36B, A. P. Woods Addition ...."..... ....... ...... 62.12 'Albin A. Rhomberg, Lot 24C, A. P. Woods Addition ............."... 166.09 'Albin A. Rhomberg, Lot 25B, A. P. Woods Addition ....,............. 68.42 'Albin A. Rhomberg, Lot 26B, A. P. Woods Addition ................., 68.76 Assessable Deficiencies 807.28 398.64 TOTAL: ..........................................................................................$1,205.92 DEFICIENCIES: Wm. J. Klauer, Lot 33B, A. P. Woods Sub. ...."... Wm. J. Klauer, Lot 34B, A. P. Woods Sub. Wm. J. Klauer, Lot 35B, A. P. Woods Sub. Wm. J. Klauer, Lot 36B, A. P. Woods Sub. ......$ 58.88 59.71 60.54 63.04 37 Regular Session, February 3, 1969 Albin A. Rhomberg, Lot 24C, A. P. Woods Sub. ............ 81.61 Albin A. Rhomberg, Lot 25B, A. P. Woods Sub. ........ 38.59 Albin A. Rhomberg, Lot 26B, A. P. Woods Sub.... ... 36.27 $398.64 All of which is assessed in proportion to the special benefits con- ferred. Total Construction Cost ...... City Share Construction Deficiencies ..........................$18,433.23 5,144.36 1,155.81 Deficiencies + City Share Construction ........................................$ 6,300.17 Assessable .............................................................................................. 12,133.06 15% Engineering ........................................................................ ...... 1,9J3.32 5% Interest 52 days ............................................................................ 95.97 Total Assessable Share ........................................................................$14,222.35 City Lots in Assessable Share ................................... ...................$ 4,272.46 City Share of Construction ............................................................"" 5,144.36 Deficiencies "",""""""""""""""""""""""""""""""""""""""""""'" 1,155.81 Total City Share .......................................................... ..........$10,572.63 Passed, adopted and approved this 3rd day of February 1969. Walter A, Pregler Mayor Sylvester McCauley Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk. Mayor Pregler moved adoption of the resolution. Seconded by Councilman Couchman. Carried by the following vote: Yeas-Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays-None. Proof of Publication, certified to by the Publisher, of notice of pub- lic hearing to consider proposal to authorize the issuance of $14,222.35 of Street Improvement-Sidewalk bonds covering the cost of City of Dubuque 1967 Sidewalk Project No.1, presented and read. Council- man Couchman moved that the proof of publication be received and filed. Seconded by Mayor Pregler. Carried by the following vote: Yeas-Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays-None. RESOLUTION NO. 21-69 Resolution providing for the issuance of Street Improvement- Sidewalk Bonds for the purpose of providing for the payment of the assessed cost of City of Du- buque 1967 Sidewalk Project No.1. Whereas the contract heretofore entered into by the City of Du- buque, Iowa, for the improvement hereinafter described has been completed and the City Manager has certified the completion there- of to the City Council and the City Council has ascertained the cost thereof and has determined that $14,222.35 Dollars of the cost 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 inten- tion 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 CITY OF DUBUQUE 1967 SIDEWALK PROJECT NO.1, for concrete side- walks constructed on the following named streets: Adair, Andrew Court, Broadway, Coates, Daven- port, Davis, Finely, Garfield, Gil- liam, North Grandview, Jeffrey, Kaufmann, Lincoln, Morningview, Pearl, Rosedale, West Locust there shall be issued street improvement bonds in the amount of $14,222.35 Dollars in anticipation of the de- 38 Regular Session, February 3, 1969 ferred payment of assessments levied for such improvement. 2. Such bonds shall be called street improvement bonds; and shall bear the date of March 5, 1969; and shall be numbered con- secutively; and they shall be num- bered, divided into series, and be in such denominations and for such maturity dates as are shown in the following table: Series Bond Denom- No. No. ination Maturity 1 1448-1449 $500.00 April 1, 1969 2 1450-1451 500.00 April 1, 1970 3 1452-1454 500.00 April 1, 1971 4 1455-1457 500.00 April 1, 1972 5 1458-1460 500.00 Aprill,1973 6 1461-1463 500.00 Aprill,1974 7 1464-1466 500.00 April 1,1975 8 1467-1469 500.00 Aprill,1976 9 1470-1472 500.00 Aprill,1977 10 1473-1475 500.00 Aprill,1978 10 1476 222.35 April 1, 1978 3. Said bonds shall bear interest at the rate of five per cent per annum, payable semi-annually in accordance with coupons thereto attached: 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 matucity date stated therein at the option of the City of Dubuque and shall be in substan- tially the following form: No. ................ Series No. ................ City of Dubuque Street Improvement Bond The City of Dubuque in the State of Iowa promises to pay as herein- after mentioned to the bearer here- of, on the first day of ...................... ......................, or at any time before that date, at the option of the City of Dubuque, the sum of five hundred dollars with interest thereon at the rate of five per cent per annum, payable semi-annually, on the presentation and surrender of the interest coupons hereto at- tached. Both principal and interest 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 sssued by the City of Dubuque under and by virtue of Chapter 396 of the 1954 Code of Iowa, as amended, and the Resolution of said City duly passed on the 3rd day of February, 1969, being Resolution No. 21-69. This Bond is one of a series of 29 bonds, 28 for $500.00 numbered from 1448 through 1475, and one for $222.35 numbered 1476 all of like tenor and date, and issued for the purpose of providing for the payment of the City of Dubuque 1967 Sidewalk Project No.1 as described in said Resolution, in said City, which cost is payable by the abutting and adjacent property along said improvements and is made by law a lien on all of said property. It is payable only out of the Special Assessment Fund No. 1276 created by the collection of said special tax, and said fund can be used for no other purpose. It is hereby certified and recited that all the acts, conditions and things required to be done, prece- dent to and in issuing this series of bonds, have been done, happened, and performed, in regular and due form, as required by law and said Resolution, and for the assessment, collection and payment hereon of said special tax, the full faith and diligence of said City of Dubuque are hereby irrevocably pledged. IN TESTIMONY WHEREOF the City of Dubuque by its Council has caused this bond to be signed by its Mayor and counter-signed by its City Clerk and the Seal of said City to be thereto affixed, this 3rd day of February, 1969. Mayor (SEAL) ...................................... City Clerk (Form of Coupon) On the ........ day of ............, the City of Dubuque, Iowa, promises to pay to the bearer, as provided 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 instructed 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 instructed to register said bonds in a book kept Regular Session, February 3, 1969 39 for that purpose and to then de- liver 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 be place in a special fund to b. known as Special Assessment Fund No. 1276 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 Mayor 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 3rd day of February, 1969. Walter A. Pregler Mayor Sylvester McCauley Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Councilman Meyers moved adop- tion of the resolution. Seconded by Mayor Pregler. Carried by the following vote: Yeas-Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays-None. RESOLUTION NO. 22-69 Authorizing the condemnation of certain parcels of real estate in the Downtown Urban Renewal Project, Iowa R-15 WHEREAS, under date of July 26, 1967, the City of Dubuque and the United States of America en- tered into a Loan and Capital Grant Contract for the undertak- ing of the Downtown Urban Re- newal Project, Iowa R-15; and WHEREAS, the City of Dubuque pursuant to such contract and to implement the Urban Renewal Plan for the Project Area deems it necessary and in the public in- terest that the property herein- after described be acquired: and WHEREAS, all attempts by the Department of Urban Renewal of the City of Dubuque to negotiate with the owners for the purchase of the following described prop- erty have failed; now therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DU- BUQUE, IOWA Section 1. That the following described real estate owned by the persons indicated, be and the same should be acquired to implement the Urban Renewal Plan for the Downtown Urban Renewal Project, Iowa R-15. Owner Property Description John D. Sullivan, Desmond Sul- livan, James B. Sullivan and An- gela H. SchIimgen, South one-third of Lot 749 in the City of Dubuque, Iowa, according to the United States Commissioners' Map of the Town (now City) of Dubnque, Iowa. (parcel 9-7). Josephine K. Kretz, North 37 feet 11 inches of Lot 20 in the City of Dubuque, Iowa according to the United States Commissioners' Map of the Town (now City) of Dubuque, Iowa (parcel 11-2). John K. Chalmers, Naudain Chal- mers, Durt Youngquist, Edward L. Chalmers, John K. Chalmers, Trus- tee; and Edward L. Chalmers, Trustee. Southerly 40 feet of the Northerly 53 feet of Lot 19 in the City of Dubuque, Iowa according to the United States Commission- er's Map thereof. (Parcel 11-4). James J. Renier, Mary L Orvis, Janet A McQnillan and Pauline A. Jewell. North 10 feet 6 incbes of Lot 18 and the South 11 feet 6 inches of Lot 19, in the City of Dubuque, Iowa according to the United States Commissioners' Map, thereof. (Parcel 11-5). Alice Brown Maus. Southerly 34 feet of Lot 18 in the City of Du- buque, Iowa, according to the United States Commissoners' Map thereof, and the South 20 feet of the North 30 feet 6 inches of Lot 18 in the City of Dubuque, Iowa, according to the United States Commissioners' Map thereof. (par- cel 11-6). Alice Brown Maus. Northerly one-third of Lot 64 in the City of Dubuque, Iowa, according to the United States Commissioners' Map thereof. (Parcel 12-10). tuted as is provided by law to acquire said real estate herein- before described, and the said Di- rector of the Department of Urban Renewal is hereby authorized to do any and all things necessary and reqnisite to such condemnation proceedings. Passed, approved and adopted this 3rd day of February, 1969. Walter A. Pregler Mayor Sylvester McCauley Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen 40 Regular Session, February 3, 1969 James J. Renier, Philip R. Ren- i ier, Ralph P. Renier and Maurice J. Renier. South one-third of Lot 63 in the City of Dubuque, Iowa, according to the United States Commissioners' Plat of the Survey of said Town. (Parcel 12-11). James B. Sullivan, John D. Sulli- van, Angella H. Schlimgen and Desmond L. Sullivan. Middle one- third of Lot 63 in the City of Du- buque, Iowa, according to the United States Commissioners' Map thereof. (Parcel 12-12). Harold A. Muntz and Delores K. Muntz. North one-third of Lot 63 in the City of Dubuque, Iowa ac- cording to the United States Com- missioners' Map of the Town (now City) of Dubuque, Iowa. (Parcel 12- 13). Anthony Rhomberg. Southerly 20 feet of the Northerly 31 feet of Lot 62 in the City of Dubuque, Iowa, according to the United States Commissioners' Map there- of. (Parcel 12-15). Marion Louise Williams, Elinor Clara Williams, Fred W. Goff and Evelyn Goff Pearson. South 12 feet 9 inches of Lot 61 and the North 11 feet of Low 62, in the City of Dubuque, Iowa, according to the United States Commissioners' Map thereof. (parcel 12-16). David Kintzinger, Northerly 19% feet of the Southerly 32 feet of Lot 61 in the City of Dubuque, Iowa, according to the United States Commissioners' Plat of the Survey of Said Town. (Parcel 12- 17). Alice Brown Maus, The North ont-third of Lot 15 in the City of Dubuque, Iowa, according to the United States Commissioners' Map of the Survey of the Town of Du- buque, Iowa. (Parcel 14-4). Allan E. Sigman, Southerly one- third of Lot 15 in the City of Du- buque, Iowa, according to the re- corded plat thereof, in the Book of Plats 11, page 131 of the records of Dubuque County, Iowa. (Parcel 14-6). Demetra Bogas, Lot 14 in the City of Dubuque, Iowa, according to the Unted States Commissioners' Map of Town of Dubuque, Iowa. (Parcel 14-7). Section 2. That the Director of the Department of Urban Renewal for the City of Dubuque, Iowa, be and he is hereby directed to cause condemnation proceedings be insti- Attest: Leo F. Frommelt, City Clerk Mayor Pregler moved adoption of the resolution. Seconded by Councilman Meyers. Carried by the following vote: Yeas - Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays - None. January 30, 1969 To the Honorable Mayor and City Council Gentlemen: The Dubuque Municipal Swim- ming Pool-Bathhouse Renovation has been completed in accordance with plans and specifications by the Schiltz Construction Company of Dubuque, Iowa. I recommend that the improve- ment be accepted. Respectfully submitted, Gilbert D. Chavenelle, City Manager Councilman Couchman moved approval of the recommendation. Seconded by Councilman Meyers. Carried by the following vote: Yeas - Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays - None. Final Estimate RESOLUTION NO. 23-69 WHEREAS, the contract for the Dubuque Municipal Swimming Pool Bathhouse Renovation has been completed and the City En- gineer ahs submitted his final es- timate showing the cost thereof including the cost of estimates, no- tices, inspection, and preparing the assessment and plat, now therefore, BE IT RESOLVED, by the City Council of the City of Dubuque, Regular Session, February 3, 1969 41 That the cost of said improve- ment is hereby determined to be $28,866.30. That $ .()- of the cost thereof shall be assessable upon private property and $28,866.30 shall be paid from the 146J Playground Improvements Fund of the City of Dubuque. Passed, adopted and approved this 3rd day of February, 1969. Walter A. Pregler Mayor Sylvester McCauley Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman 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, Coun- cilmen Couchman, Meyers, Mc- Cauley, Schultz. Nays-None. (A Resolution Accepting Improve- ment.) RESOLUTION NO. 24-69 WHEREAS, the contract for the DUBUQUE MUNICIPAL SWIM- MING POOL BATHHOUSE RENO- VATION has been completed 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 specifi- cations and recommends its ac- ceptance, 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. BE IT FURTHER RESOLVED, that the City Treasurer be and he is hereby directed to pay to the contractor from the Playground Improvement Recreation Fund. Passed, adopted and approved this 3rd day of February, 1969. Walter A. Pregler Mayor Sylvester McCauley Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Councilman Meyers moved adop- tion of the resolution. Seconded by Mayor Pregler. Carried by the following vote: Yeas - Mayor Pregler, Coun- cilmen Couchman, Meyers, Mc- Cauley, Schultz. Nays-None. January 15, 1969 Honorable Mayor and Council Members Gentlemen: The City Planning and Zoning Commission has reviewed the two attached plats. The first plat pro- poses the vacation of two portions of Sylvan Drive and all of the lots and easements in Blocks 4, 5 and 6 of Bies Sobdivision. The sec- ond plat provides for a new right- of-way for Sylvan Drive from Pennsylvania Avenue south along the west property line of the Bies Subdivision. The plat also provides for an extension of Century Drive from the south line of Bies Sub- division, where it presently joins Bies Drive, to a point on the west line of Bies Subdivision where it will intersect with Sylvan Drive. These proposals are a part of the master plan for development of the area lying west and northwest of the shopping center. The objec. tives of the plan for this particular area have been: 1. Maintain the residential char- acter of the existing develop- ment in Bies and Westside Man- or Subdivisions. 2. Encourage an orderly develop- ment of commercial and indus- trial uses west of the shopping center. 3. Provide for a commercial street to be extended in a westerly directon from the shopping center area toward Pennsylvan- ia Avenue and the proposed major arterial to the west. The purpose of the east-west street is to encourage commercial and industrial development west of the shopping center and to pro- vide additional access to the shopping center from the devel- oping areas to the west. This will reduce traffic that would otherwise be channeled through the Pennsylvania-Kennedy in- tersection and the Kennedy- Wacker intersection. 42 Regular Session, February 3, 1969 4. Provide for a separation of commercial and through traffic from residential traffic in the Bies and Westside Manor Sub- divisions. 5. Provide for a street and lot layout in Bies Subdivision that wilI encourage a better residen- tial development. 6. Provide a logical transition from commercial uses to resi- dential uses. The proposals made in these two plats are in accord with the plan- ning objectives for this area and accomplish part of the plan. It is the opinion of the Commission that this action will encourage and make possible better development of this area in view of the exist- ing conditions. It is the recommendation of the Planning and Zoning Commission that the portions of Sylvan Drive be vacated as indicated on the proposed plat, marked exhibit 'A' and that the final plat of Sylvan Place be approved. Respectfully submitted, PLANNING AND ZONING COMMISSION Don Gilson City Planner Councilman Schultz moved that the recommendation of the Com- mission be approved. Seconded by Councilman Meyers. Carried by the following vote: Yeas-Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays-None. RESOLUTION NO. 25-69 WHEREAS, Delbert G. Miller and Joan L Miller, and Frank E. Miller and Dorothy L. Miller, as owners of Block 4, Block 5 and Block 6, each in "C. J. Bies Sub- division" in the City of Dubuque, Iowa have filed a vacation plat to vacate the same along with that part of Sylvan Drive extending southward from the south street line of Pennsylvania Avenue to a point 129.54 feet northerly of the north street line of Daniels Street and that part of Sylvan Drive ex- tending northward from the south- erly line of said Block 6 a dis- tance of 180.61 feet along with the public utilities, and WHEREAS, the City Council of the City of Dubuque, Iowa has examined said vacation plat and finds that same should be ap- proved. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF CITY OF DUBUQUE, IOWA: Section 1. That the vacation plat filed by Delbert G. Miller and Joan 1. Miller, and Frank E. Miller and Dorothy L. Miller, as owners of Block 4, Block 5 and Block 6, each in "C. J. Bies Subdivision" in the City of Dubuque, Iowa va- cating same along with that part of Sylvan Drive extending south- ward from the south street line of Pennsylvania Avenue to a point 129.54 feet northerly of the north street line of Daniels Street and that part of Sylvan Drive extend- ing northward from the southerly line of said Block 6, a distance of 180.61 feet along with the public utility easements be and the same is hereby approved. Section 2. That the City Clerk be and he is hereby authorized and directed to publish notice of intent to dispose of interest in real estate by the City of Dubuque as is by law required. Passed, approved and adopted this 3rd day of February, 1969. Walter A. Pregler Mayor Sylvester McCauley Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Councilman Couchman moved adoption of the resolution. Sec- onded by Councilman Meyers. Car- ried by the following vote: Yeas-Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays-None. RESOLUTION NO. 26-69 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. Regular Session, February 3, 1969 CLASS "B" BEER PERMIT Joseph P. & Bernice M. Hillard, 431 Rhomberg Avenue Joyce A. Kirchberg, 3165 Central Avenue CLASS "C" BEER PERMIT National Tea Company, 1313 Dodge Street John J. Heiderscheit, 1278 Central Avenue The Great Atlantic & Pacific Tea Co., 2685 Dodge Street Passed, adopted and approved this 3rd day of February, 1969. I Walter A. Pregler Mayor Sylvester McCauley Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen plicants be and the same are here- by approved. Passed, adopted and approved this 3rd day of February, 1969. Walter A. Pregler Mayor Sylvester McCauley Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Councilman Meyers moved adop- tion of the resolution. Seconded by Mayor Pregler. Carried by the following vote: Yeas-Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays-None- RESOLUTION NO. 28-69 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 folIowing applications be grant- ed and license issued upon the compliance with the terms of the IOWA LIQUOR CONTROL ACT- CHAPTER 123-as amended by the 60th General Assembly, 1963. CLASS "C" COMMERCIAL ESTABLISHMENT John R. Hirsch, 206 West 3rd Street Karl J. Ball, 1080 University Ave- nue Joyce A. Kirchberg, 3165 Central Avenue Passed, adopted and approved this 3rd day of February, 1969. Walter A. Pregler Mayor Sylvester McCauley Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Mayor Pregler moved adoption of the resolution. Seconded by Councilman Meyers. Carried by the following vote: Yeas-Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays-None. RESOLUTION NO. 27-69 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 I directed to issue to the following named applicants a Beer Permit. CLASS "B" BEER PERMIT Joseph P. & Bernice M. HilIard, 431 Rhomberg Avenue Joyce A. Kirchberg, 3165 Central Avenue CLASS "C" BEER PERMIT National Tea Company, 1313 Dodge Street John J. Heiderscheit, 1278 Central Avenue The Great Atlantic & Pacific Tea I Company, 2685 Dodge Street BE IT FURTHER RESOLVED that the bonds filed by such ap- Attest: Leo F. Frommelt City Clerk Councilman Meyers moved adop- tion of the resolution. Seconded by Councilman Pregler. Carried by the folIowing vote: Yeas-Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays-None. 43 Special Session, February 17, 1969 Regular Session, February 3, 1969 RESOLUTION NO. 29-69 by Ma.yor Pregler. Carried by the WHEREAS, applications for Liq- followmg vote: uor Permits were filed by the Yeas-Mayor Pregler, Council- within named applicants and they men Couchman, Meyers, McCauley, have received the approval of this Schultz. Council, and Nays-None. WHEREAS, the premises to be There being no further business occupied by such applicants were Co~mcllman McCauley moved to inspected and found to comply adjourn. Seconded by Councilman with the State Law and all City Couchman. Carried by the follow- ordinances relevant thereto and mg vote: - they have filed proper bonds; Yeas-Mayor Pregler, Council- NOW THEREFORE BE IT RE- men Couchman, Meyers, McCauley, SOLVED by the City Council of Schultz. Dubuque, Iowa, that the Manager Nays-None. be authorized to cause to be issued Leo F. Frommelt to the following named applicants City Clerk a Liquor Permit. CLASS "C" COMMERCIAL ESTABLISHMENT John R. Hirsch, 206 West 3rd I Adopted Street Karl J. Ball, 1080 University Ave- nue Joyce A. Kirchberg, 3165 Central Avenue Passed, adopted and approved this 3rd day of February, 1969. Walter A. Pregler Mayor Sylvester McCauley Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen 44 45 CITY COUNCIL OFFICIAL of said property. presented and read. Qmncilman Meyers lOOVed that tbe communication be re- ferred to the City Manager and City Solicitor. Seconded by Conn- CilllWl Schultz. Carried by the following vote: Yeas-Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays-None. Communication of Owen Riley submitting his resignation from the Planning & Zoning Commis- sion, the Board of Zoning Adjust- ment, and the Dubuque Connty Metropolitan Area Planning Com- mission, effective February 17, 1969, stating that his position in labor at this time would conflict with serving on these boards, pre- sented and read. Mayor Pregler moved that the resignation be ac- cepted with regret. Seconded by Councilman Couchman. Carried by the folklwing vote: Yea.-ayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays---None. Printed Council proceedings for the month of November 1968 pre- sented for approvaL Councilman Meyers moved that the Council proceedings for the month of No- vember 1968 be approved as print- ed. Seconded by Ma- Pregler. Carried by the following vote: Yeas-Mayor Pregler, Council- men Couchman, Meyers, McCauley. Schultz. N ays-N<>De. Communication of Northwestern Bell Telephone Co. submitting ap- plications from the Highway Com- mission which must have the ap- proval of the City Council for permission to extend their under- ground conduit system from the existing manhole located in the inœrsection of Hill Street ad West Fifth, to the intersection of Fremont and Simpson S tre e t, which w 0 u I d require crossing Dodge Street at three locations, presented and read. Councilman Couchman moved approval and instructed the Clerk to sign -the applieation. .Seconded by Mayor Pregler. Carried by the following vote: Yeas---Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays-None- S~el Session, Februery 17, 1"9. Council - at 7:30 P.M. (C.S.T.) Present-Mavor Pregler, Coun. cllmen CoucfHnan. Meyers, McCau. ley, Schult%. Absent-City Managw Gill>ert D. Chavenelle (out of city) Mayor Pregler read the call and stated that service tbereof had been duly made and this meeting is called for the purpose of con- sidering the ad'opt;on of aresolu. tion fixing - for a meeting on the proposition of the issuance of - to exceed $125,00II.Q0 of air- port bonds and "l'Miding for pub. lication of notiœ Iftereof and for such other -- in connection 1ft_with and also acting upon such other business as may prop- erly come before a. regular meet'I' ing of the City Council. Communication of Dub u que County Bar Assn. submitting a proclamation designating May I, as Law Day U. S. A. Mayor Pregler issued and signed the proclama- tion as submitted and Counoilman Meyers voted approval. Seconded by Councilman Couchman. Carried by the following vote; Yeas-Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays-None. Communication of Iowa State Highway Commission advising that the Bureau of Public Roads has appro\'ed the public bearing which was held at Sageville on the relo- cation and impro\'ement of Iowa Highway No.3, presented and read. Mayor Pregler moved that the communication be received and filed. Seconded by Councilmau Meyers. Carried by the following vote: Yeas-Mayor Preglcc, Council- men Couchman, Meyers, McCauley, Schultz. N---Noone. Communication of D a \' i d L. Clemens, at1ørney, recognizing city's interest and apparent own- ership at tax sale on December 6, 1965, in Lot 11 of Watters Sub. owned by .li!.atthew and Agnes Olansky, stating that he has a 'I client interested in the pllldJ4se Approved 1969 1969 ....................... Attest: Leo F. Frommelt City Clerk Councilman Meyers moved adop- tion of the resolution. Seconded Councilmen Attest: """"ëÙÿ"Ci~~k:""""""""""" Special Session, February 17, 1969 Communication of Federal En- year ending December 31 1968 gineering Co. advising that the RespectfUllY" Cit~ .will be required to supply Gilbert D. 'Chavenelle, additional chlorination of sewag, City Manager effluent on information received from the State Department of Mayor Pregler moved that the Health and would like to discuss reports be received and filed. See- the matter, presented and read. onded by Councilman McCauley. Mayor Pregler moved that the Carried by the following vote: communication be referred to the Yeas-Mayor Pregler, Council- Ctiy Manager and Engineering De- men Couchman, Meyers, McCauley, partment. Seconded by Council- Schultz. man Meyers. Carried by the fol- Nays-None. lowing vote: Yeas-Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays-None. 46 February 5, 1969 To The Honorable Mayor And City Council Gentlemen: I am enclosing a copy of a letter regarding the installation of traffic signals at John F. Kennedy Road and Pennsylvania Avenue. Please be informed that the Traffic Committee authorized this installation at their meeting of January 10th. Plans are being prepared and bids will be taken for the installa- tion. It is most likely that part of the material will be from stock and part purchased. The purchased material has not yet been ordered It is expected that the traffic lights will be installed by early summer. Respectfully, Gilbert D. Chavenelle City Manager Mayor Pregler moved that the communication be received and filed. Seconded by Councilman Couchman. Carried by the follow- ing vote: Yeas-Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays-None. February 6, 1969 To the Honorable Mayor and City Council Gentlemen: 1 herewith submit the monthly reports of the City Auditor, City Treasurer and City Water Depart- ment for the month of December, 1968. Also submitting the fiscal re- port of the City Auditor for the February 14, 1969 To the Honorable Mayor and City Council Gentlemen: I submit to you the audit of the records of the Water Department for the year 1968. The audit is by O'Connor, Brooks, Ahrendt and Brooks, Cer- tified Public Accountants. Respectfully, Gilbert D. Chavenelle, City Manager Councilman Meyers moved that the report be received and filed. Seconded by Mayor Pregler. Car- ried by the following vote: Yeas-Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays-None. February 13, 1969 The Honorable Mayor and City Council Gentlemen: This is to advise that I have ap- proved the following bond and policy and desire to have your ap- proval on same. Comprehensive Liability Dubuque Plumbing & Heating Co., Etal., Bituminous Casualty Cor. poration Sidewalk John Luber, United States Fidelity & Guaranty Co. Respectfully, Gilbert D. Chavenelle, City Manager Mayor Pregler moved that the policy and bond be filed subject to approval of the City Attorney. Sec- onded by Councilman McCauley. Carried by the following vote: Yeas-Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays-None. Special Session, February 17, 1969 47 February 14, 1969 To the Honorable Mayor and City Council Gentlemen: A request has been received for a street light at the east end of East 15th Street. The area has been investigated and it is recommended that a 175 watt mercury vapor light be in- stalled at a curb, return about 12 west of the west line of Lynn on East 15th Street. Respectfully, Gilbert D. Chavenelle, City Manager Mayor Pregler moved approval of the recommendation. Seconded by Councilman Schultz. Carried by the following vote: Yeas-Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays-None. Communication of Owen Riley, President of General Drivers and Helpers Union Local No. 421 con- firming request of a meeting to discuss wage proposals, tentative- ly set for February 24, 1969, pre- sented and read. Mayor Pregler moved that the communication be received and filed. Seconded by Councilman Meyers. Carried by the following vote: Yeas-Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays-None. Communciation of George lip- per, Administrative Assistant, re- questing the Council to call a spec- ial meeting for February 24, 1969, to present history and detail of negotiations of Local 421 and the City Administration relative to wages, presented and read. Mayor Pregler moved that the communication be received and filed and the City Clerk be in- structed to call the meeting. Sec- onded by Councilman Meyers. Car- ried by the following vote: Yeas-Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays-None. February 14, 1969 Honorable Mayor and City Councilmen Gentlemen: The Planning and Zoning Com- mission has held a public hearing on a proposal to reclassify from Two Family Residence to Multiple Residence property described as lot 29 and 30 of Union Addition. This site is located at the inter- section of Rising Street and Oak Street. The site has very irregular topography, rock out-croppings and mineral holes. There are no struc- tures on the site at the present time. In order to locate a building on this site a considerable amount of earth work would be necessary or construction of piers to support the building. This site is a part of the Cleve- land neighborhood. The general development plan proposed that this area remain in the Single Fam- ily and Two Family Districts. The following statement was included in the plan in regard to this area: "The district has both variety and organization and represents a po- tential over-all residential stability. The continued maintainence of such existing residential districts depends on deliberate policies to prevent intrusion of business uses unrelated to the immediate neigh- borhood; to restrict increased res- idential density occurring throngh small lot sizes, residential unit conversion, and indiscriminate mul- tiple family housing development; and to provide adequate internal street connections for future de- velopment." The studies for the improvement of Dodge Street proposed that Ris- ing Street be vacated. If this is accomplished the only access to this property will be through Sin- gle Family residential areas lying between the site and Bryant Street. This would cause an increase in traffic to be carried on these streets. With the existing street layout, topography and proposed vacation of Rising Street the use that would best carry out the intent of the general development plan for this area would be Single Family or Duplex development which would be permitted under the existing zoning. It is the recommendation of the Planning and Zoning Commission that the request not be approved. Respectfully submitted, PLANNING AND ZONING COMMISSION Don Gilson, City Planner 48 Special Session, February 17, 1969 Special Session, February 17, 1969 49 Com>Cilman Meyers moved ap.- proval ..f the r....mmendati..n. See- onded by May...- Pregler. Carried by !be following vote: Yeas - :Mayor Pregler, Council- me.n Couchman, Meyers, McCauley, Sclnùtz. Nays-None. Communication of Robert H. Frank submitting withdrawal of application to reclassify the Zon- ing OnIinance for Lots 29 and 31} in Union Addn. from Two Family to Multiple Family District Classi- fication, presented and read. Cow- cilman Meyers moved that the communicati(ID he received and filed. Seconded by l!iIayo.r Pregler. Carried by the fnll&wing vote, Yeas - Mayor Pregler, Cooneil- men Couchman, Meyers, McCauley, Schult>. Nays-None. Febrnary 14, IIJ119 Hnnorable Mayor and Council Members Gentlemen: Tbe City Planning and Zoning Commission has held a public hear- iDg on the following proposal: 1. Reclassify from Single Fam- i1!¡r to Loeal Business "A" property loeated on the east - of Kenœdy Road and lying north of the new fire statinn. 2. Reclassify from Single, Fam- ily Residence ta Multiple Res- idence property l<Icated on the e35t sMle of Kennedy Road and extending from the new fire station south to Hoo- ver Elementary School. This property is part of the pro- pwed plat of Powers Place. The area that is proposed to be cias&- fied Local Business "A" adjoins an existing Local BI1siness "A" Dis- trict on the north, backs on to a Single Fam~ Residence District and abutts the fire stati"", OÐ the south. Area across Kennedy - to the west is classified Local Bus- iness "B." AcceSB tn this property would be from Kennedy Road. The area that is proposed to be ~ified Multiple Residenee will have access from Kennedy Bøad and frQm extensioo ()f Hillcrest Road. Curb cuts along Kennedy Road are pro!>OS"d t<> be at approx- imately %00 foot intervals. The pro- posed plat of !'owers Place has been designed to aceomodate this type of development and to per- mit a logical pattern of residential development, ranging from the multiple family uses along Ken- nedy Road to single family de- tached houses on tbe remainder of the property. II has become ap- parent in the last three years that the demand f...- apartments is in- creasing rapidly while tbe demand fm: single family reside".". has maintained a constant level. Ev- ery indication is that this trend will continue and that tbe need for land for multiple residence de- velopment will grow. This pra"""al is in accord with the general plan fo< this area ""d carries out a part of tlrat plan. It is tbe reeommendatinn of the Planning and Zoning C"mmissioft that tire pro¡><>sal be approved. RespectfuIly sulJmitted, PLANNING AND ZONING COMMIS5ION Don Gi~ City Planner Mayor Pregler moved approval of tbe recommendation and that same be referred for proper ~ ceedings. Seconded by Councilman McCauley. Carried by tbe follow- ing- vote: Yeas - Mayor Pregler, Council- men Couchman, Meyers, DkCauley, SchWtz. Nays-None. Cì>mmumcation of Delos A. Dor- weiler objeetÏng to the proposed rezoning of northeast Kennedy Road and Foothill Road to Single Family because it """,Id eau"" fi- nancial loss and devaluation of his property and ""ggesting that Foothill he zoned Business "A" to create a proper Imffer zooe ffH any shopping center, presented and read. Mayor Pregler moved that the objection be received and filed. Seconded by Cooncilman Mc- Cauley. Carried by the foll""ing vote: Yeas - Mayor Pregler, Council- men Coucbman, Meyers, McCantey, Schultz. Nays-Nooe. Mayor Pregler moved that the rules be suspended in order to let anyone address the Conncil if they "" desire. Seconded by Councilman Meyers. Carried by the fallowing vote: Yeas - Mayor Pregler, Cotmcil- men Couchman, Meyers, McCauley, Sel>ultz. Nays-None. Mr. Delos A. Dorweiler spoke in behalf of his petition and was as- sured his petition would he given every consideration. February 14, 1969 Honorable Mayor and Council Members Gentlemen: TIle City Planning and Zoning Commission has held a public hearing on a proposal to reclassify from Multiple Family to Single Family, property described as, lots 2 through 11 all in Block t! and lots 1 through 4 all in Block 5, and ~~; lh~~Ug~':t:':~ ~U~ài;~ I sion. This area is occupied by 5 sin- gle family residences and one, four unit, apartment house. This area ,...,. ...,classified from Single Fam- ily Residence to Multiple ReM- denee as a part of the rezoning of property lying on the west side of Kennedy Road from Pennsyl- vania to Asbury. The single family houses that have been located in this area were bnilt during the time while the proposed change was being considered by the Plan- ning Commission and City Council. It was the opinion of tbe Com- mission that because the Single Family houses were built during the time when it was classified Single Family that there request shoold receive consideration. This proposal would make the existing four unit apartment house a noJ>.cnnforming use. It is the recommendation of the Planning and Zoning Commission that !be request be approved to permit tbe area to be further de- veIoped as a Single Family area. ~wg ~'hmitted, i ZONING COMMISSION Don Gilson, City Planner Councilman Meyers moved ap- proval of tbe recommendation and that same be referred for proper proceedings. Seconded by Council- man Couchman. Carried by the following vote: Yeas - Mayor Pregler, Council- men Couelrman, Meyers, McCauley, Schultz. Nays-None. Fehroary 14, 1969 Honorable Mayor and Council Member. Gentlemen: Thc City Planning and Zoning C"mmission has held a public hear- ing "n a proposal to reclassify from 8>ngle Family to Two Fam- ily, property described as, lots 2, 3, 4, 5, 6 and 7 all in Shiras Ter- race Subdivision. This property is located 00 Sbi- ras Avenue and adjoins the Or- chard Rills Subdivision. The prnposal would involve es- tablishing a relatively small di&- trict on the zoning map and is not normally œnsidered good zon- mg practice unless there is some unique circumstances. In this par- ticular case most of tire property fronting on Shiras Avenue from this point to Lincoln Street is in the same situation. Any justifica- tion for changing from Single Fam- ily to Two Family classification of lots in Shiras Terrace would also be applicable to the other properties on Shiras Avenue. Planning for this area has en- visioned that it would he devel- oped for Single Family Residences. Even though the proposal wonl" bave little effect on the pIan for this area there is no apparent rea- son for the change. It is the recommendation "f the Planning and Zoning Commissiou that the request not be approved. Respectively submitted, PLANNING AND ZONING COMMISSION Don Gilson, City Planner Mayor Pregler moved _val of !be recommendation. Seconded by Councilman Meyers- Carried by tbe f()llowing vote, Yeas - Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays-None. February 10, 1969 Ron. Mayor and City Couucil Re: Mrs. David N. ManderscheÌd Gentlemen: On December 13, 1968, Mrs. Da- vid N. Manderscheid, 2055 Ava- lon Road, Dubuque, Iowa filed calm against the City of Dubnque for damages to her clothing in the amount of $3.00 as the result uf falling on a patch of ice in the street near the corner of 10th and I !i- JdJ'" ,. 50 Special Session, February 17, 1969 Main Street, in Dubuque, Iowa on receipt of duly executed release. December 6, 1968. Original claim is attached here- This matter was referred to the to. City Attorney for investigation, Yours very truly, and I have examined said claim R. N. Russo and it is my recommendation that City Attorney said claim should be paid and that Councilman Schultz moved that the City Auditor be instructed to the recommendation of the City draw a warrant payable to Mrs. Attorney be approved. Seconded David N. Manderscheid in the by Councilman Meyers. Carried by amount of $3.00 and transmit the following vote: same to the City Attorney for de- Yeas - Mayor Pregler, Coun- livery upon receipt of duly exe- cilmen Couchman, Meyers, McCau- cuted release. ley, Schultz. Original claim is attached here- Nays-None. to. Yours very truly, R. N. 'Russo City Attorney Councilman Schultz moved that the recommendation of the City Attorney be approved. Seconded by Councilman Meyers. Carried by the following vote: Yeas - Mayor Pregler, Coun- cilmen Couchman, Meyers, McCau- ley, Schultz. Nays-None. February 13, 1969 Hon. Mayor and City Council Re: Kenneth R. Loney Gentlemen: On December 23, 1968, Kenneth R. Loney, 1411 Missouri Street, Dubuque, Iowa, filed claim against the City of Dubuque for damages allegedly suffered to his motor ve- hicle as the result of striking a loose manhole cover in the street in the 400 block of Kaufman Ave- nue, Dubuque, Iowa on December 20, 1968, in the estimated amount of $85.09. I have conferred with the claim- ant and have made an investiga- tion of this matter and have found that the claimant damaged the ex- haust system of his vehicle re- sulting in replacement of muffler and tailpipe, realigning the wheels on said vehicle and repair floor boards all in the estimated amount of $85.09, and that claimant has made an offer of settlement of his claim in the amount of $75.00. 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 Ken- neth R. Loney in the amount of $75.00 and transmit same to the City Attorney for delivery upon February 14, 1969 Hon. Mayor and City Council Re: Caroline T. Menke Gentlemen: On April 17, 1967, Caroline T. Menke of 1375 Iowa Street, Du- buque, Iowa filed claim against the City of Dubuque, Iowa claim- ing that on February 18, 1967 she sustained a fracture of her lower right arm when she fell in the crosswalk on Main Street at or near the corner of 14th Street and Main Street in the City of Du- buque, Iowa, claiming a defective condition thereat caused by the freezing of slush and snow follow- ing a thaw. I have conferred with the claim- ant, with her attorney, and have examined her medical and hospi- tal bills which total $321.00. The claimant through her at- torney has made an offer of set- tlement of this claim in the amount of $500.00 and it is the recommendation of the City At- torney that said offer of settle- ment be accepted and that the City Auditor be instructed to draw a warrant payable to Caroline T. Menke in the sum of $500.00 and transmit same to the City Attor- ney for delivery upon receipt of duly executed Releases. Original Claim is attached hereto. Respectfully submitted, R. N. Russo City Attorney Councilman Schultz moved that the recommendation of the City Attorney be approved. Seconded by Councilman Meyers. Carried by the following vote: Yeas - Mayor Pregler, Coun- cilmen Couchman, Meyers, Mc- Cauley, Schultz. Nays-None. Special Session, February 17, 1969 51 February 12, 1969 Hon. Mayor & City Council Gentlemen: On January 22, 1969, the re- port of Koa C. Gatrel, building in- spector, regarding the request of F & C Auto Mart of 1320 White Street for building permit to erect a masonry garage on the rear of the adjoining lot of 1330- 1334 White Street was referred to the City Attorney. It is the recommendation of the City Attorney that the approval of this permit cannot be refused in the light of the existing conditions that the area for which the build- ing permit has been requested is presently under study upon a pe- tition of property owners to re- zone the area under consideration together with other area from its present classification to Multiple Residence District Classification. The permittee would no doubt be aware that in the event this area were ever to be rezoned, that the present proposed land use could be in conflict with the zon- ing classification as changed and would constitute a non-couforming use. Despite the foregoing, it appears to the writer that a building per- mit cannot be denied to the pe- titioner. Respectfully submitted, R. N. Russo City Attorney Councilman Meyers moved that the communication be received and filed and a copy be forwarded to the Advisory Commission, Plan- ning & Zoning Commission, wash- ington neighborhood group. Sec- onded by Councilman Couchman. Carried by the following vote: Yeas - Mayor Pregler, Coun- cilmen Couchman, Meyers, Mc- Cauley, Schultz. Nays-None. Notice of Claim of W. B. Wide- mann of 2609 Windsor Ave., in the amount of $75.00 for expense incurred as the result of a sewer back-up into the basement of his home on February 11, 1969, pre- sented and read. Councilman Mey- ers moved that the notice of claim be referred to the City Solicitor for investigation and report. Sec- onded by Mayor Pregler. Carried by the following vote: Yeas - Mayor Pregler, Coun- cilmen Couchman, Meyers, Mc- Cauley, Schultz. Nays-None. Notice of Claim of Dorothy Ka- mentz of 1831 Jackson St., in an undetermined amount, for person. al injuries received in a fall on an ice covered street at the intersec- tion of 20th & Washington streets on December 29, 1968, presented and read. Councilman Meyers moved that the notice of claim be referred to the City Solicitor for investigation and report. Sec- onded by Mayor Pregler. Carried by the following vote: Yeas - Mayor Pregler, Council- men Couchman, Meyers, McCau- ley, Schultz. Nays-None. Notice of claim of Ray Gross of 995 W. Locust Street, in the amount of $450 for property dam- age incurred as the result of a backed-up sewer into the base- ment of his home on June 18, 1968, presented and read. Councilman Meyers moved that the notice of claim be referred to the City So- iicitor for investigation and re- port. Seconded by Mayor Pregler. Carried by the following vote: Yeas - Mayor Pregler, Coun- cilmen Couchman, Meyers, McCau- iey, Schultz. Nays-None. Notice of claim of General Ad- justment Bureau Inc., in the amount of $32.45 as the result of damage to a car owned by their insured, Mr. Edwin J. Ahlers, as tbe result of being sprayed with oil by a city crew on November 29, 1968, presented and read. Councilman Meyers 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, Coun- cilmen Couchman, Meyers, McCau- ley, Schultz. Nays-None. Notice of claim of Vincent C. Hansen of 28 Milwaukee Street, in the amount of $500 for personal property damage and expense as the result of a back-up sewer on January 15, and January 23, 1969, at bis home, presented and read. Councilman Meyers moved that 52 Special Session, February 17, 1969 the notice of claim be referred to the City Solicitor for investiga- tion and report. Seconded by Ma. yor Pregler. Carried by tbe fol- lowing vote: Yeas - Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays-None. Notice of Suit of Catherine M. Poire, in the amount of $45,000, for personal injuries received in a fall at 483-485 Locust Street over an oil fill pipe protruding from the ground between the side- walk and curb on March 7, 1967, presented and read. Councilman Meyers moved that the notice of suit be referred to tlle City So- licitor for investigation and re- port. Seconded by Mayor Pregler. Carried by the following vote: Yeas - Mayor Pregler, Council- men Couchman, Meyers, McCau- ley, Schultz. Nays-None. Notice of claim of Mrs. Ray Sa- lome Ramen, in an undetermined amount, for personal injuries re- ceived in a fall on an icy sidewalk near the ïntersection of Rush and ~~~~r:::t: .::~ r;:~~~un~~: I man Meyers moved that the no- tice of claim be referred to the I City Solicitor for investigation and report. Seconded by Mayor Pregler. Carried by the fo!lowing YUte: Yeas - )4ayor Pregler, Council- men Couchman, Meyers, McCau- ley, SchultL Nays-None. Notice of claim of Merlin J. Cody of 655 Gillespie Street, in the amount of $1500. for personal in- juries received while alighting from his truck in tbe process of unloading rubbish at the city land- fill site on November 11, 1968, pre- sented and read. Councilman Mey- ers moved that the notice of claim be referred to the City Solicitor for investigation and report. Sec- onded by Mayor PregJer- Carried by the foIlowing vote: Yeas - Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays - None. Notice of claim of Kevin K. McCarty of 13'16 Washington Street, a minor, by John McCarty his father, for personal injuries received by said minor as the re- sult of a fall on the Comiskey ice rink on February 12, 1969, present- ed and read. Councilman Meyers 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 Couchman, Meyers, McCauley, Schultz. Nays - None. ORDINANCE NO. 7-69 Establishing a Single Ward for the City of Dubuque and divid. ing the some Into Election Pre- duds, establishing such pre- cincts end defining the bound- aries 'he<eof end repeeUng all Ordinances and Rasolutions in conflict harewith, presented and read. Councilman Couchman moved that the reading just had be con- sidered the first reading of the Ordinance. Seconded by Council- man Meyers. Carried by the fol- lowing vote: Yeas - Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays-None. Councilman Couchman moved that the rule requiring an Ordin- ance to be read on three separ- ate days be waived. Seconded by Councilman Meyers. Carried by the following vote: Yeas - Mayor Pregler, Council- men conchman, Meyers, McCauley, Schultz. Nays-None. ORDINANCE NO. ,.., An "'dlnonce .",bll""" a .In", .. ...-.. _..h...... "." dl- . ..-.. PRECINCT Commencing at ,he .....rlV IImi" of "" cliY, ""nee ,,"c...Ung w._iv .n the north """ of UnIIeht's So" 53 .,~, ~r ¡':¡'Cio" 'honee north"" g¡nnh,.. Sactign S. The bound..¡., of the Sec- ond P,eelnct .h,1I be< SECONO PRECiNCT Co.~"'encing at the ."rl" ..al... co<n" on the ..,th .ide of Section 35, bot.. 'he "",th IImi" of the cl!Y, thence ""-", a- "'" .""" ..alon line íì5 0> ..-< t--" ..-< íì5 0> ..-< ,..: ..-< iU~~ -~ . . ~.n~ 1'~i ~ >- ~~~1~ 'U~h~~ B~~ :~;~~ ~t¡: ;;:~I'è >- >- 0= .O ~~.~~~ ii~~: E _co ß;~~~ !;~~ ,!! ~~"~ ~,!!5 õ >- .~h ~." ~ :i ~>-;;. 0 ~ ~~~g~ j g:,!!~I"~ ~.ii¡!: .~¡¡~ >-- X ..~~ .:~¡;;~b¡ lit; Ë.1ij" ¡j:.~~ ð¡¡~~ ~~-ê ~ f¡¡~ ;;t; 56 17, 1969 51 Special Session, February 17, 1969 Se<t,on 22. TM' O,dtnanco 'hall be 'n full "'co and effect '<om and aft., It, flna' ""age, ado""n oed ,ubllcatlon ., by law pmvld"'. PASSED, APPROVED. AND ADOPTED fhle 17fh day of Februa.", "'9. Walt., A. p,..,., Mov" SYl'""", McCauley Me"'n F. Schu'l, Oonald R. Meve" Gayl"d M. C,,"mman Councllm"" communication be received and filed. Seconded by Councilman Couchman. Carried by the follow- ing vote: Yeas - Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays - None. ORDINANCE NO. 8-69 DUBUQUE HUMAN RIGHTS ORDINANCE, presented and read. Councilman Couchman 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 Couchman, Meyers, McCauley, Schultz. Nays - None. Councilman Couchman moved that the rules be suspended re- quiring an Ordinance to be read on three separate days. Seconded by Mayor Pregler. Carried by the following vote: Yeas - Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays-None. Councilman Couchman moved that a public hearing be held on the Ordinance on March 7, 1969, at 7:30 P.M. in the Council Cham- ber at the City Hall and that the City Clerk be instructed to pub- lish notice of the hearing in the manner required by law. Seconded by Mayor Pregler. Carried by the fOllowing vote: Yeas - Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays - None. Petition of Doris Fleckenstein et al objecting to the presence of rats in the 2900 block between Keokuk and Burlington Streets and requesting that proper steps be taken to clean up the area, pre- sented and read. Mr. James Barton of 3015 Burl- ington Street addressed the Coun- cil by stating that he has lived in the area for ten years. At the time he moved there the area did not harbor rats. The area is being used as a dump for building ma- terial which is ideal for harboring rodents. Mayor Pregler moved that the petition be referred to the Sanitation Department. See- ATTEST, Leo F. Fmmmelt cav C"'k Pub","ed officially 'n The TeI..",,- He"'d New,.."" on Feb""y 2<, Ma"" J, M"ch 10. 1969. Leo F. F'ommelt Clly Cle'" J ""e. 2/2,. J/~1O Councilman Couchman moved ¡mal adoption of the Ordinance. Seconded by Councilman Meyers. Carried by the following vote: Yeas - Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays - None. Communication of Administra- tive Assistant, George Lipper, re- commending adoption of a Human Rights Ordinance, presented and read. Mayor Pregler moved that the Special Session, February 17, 1969 onded by Councilman Couchman. of Lot 2 of the Sub. of Lot 1 of Carried by the foIlowing vote: 1 of 1 of McLean Heights to Mul- Yeas - Mayor Pregler, Council- tiple Family Dwelling Classifica- men Couchman, Meyers, McCauley, tion, presented and read. Mayor Schultz. Pregler moved that the petition be Nays-None. referred to the Planning & Zoning Petition of Dubuque Electric Commission. Seco!,ded by Council- Motor Service Inc. requesting that !"an Meyers. Carried by the follow- light industrial zoning classifica- mg vote: . tion remain at 1238 1248 1250 Yeas - Mayor Pregler, CouncIl- 1267 and 1297 Jackso~ Stre~t, pre: men Couchman, Meyers, McCauley, sented and read. Councilman Mey- Schultz. ers moved that the petition be re- Nays - None. ferred to the Planning & Zoning Petition of Fischer Investment Commission. Seconded by Mayor Co. and Fischer & Company, Inc. Pregler. Carried by the foIlowing objecting to any change in rezon- vote: ing of their properties located on Yeas - Mayor Pregler, Council- the northwest corner of Eighth men Couchman, Meyers, McCauley, and White Streets, City Lot 324 Schultz. and the Sly 25' of City Lot 325, pre- Nays-None. sented and read. Councilman Mey- Petition of Ruan Transport ers moved that the petition be re- Corporation requesting amendment ferred. t~ the Planning & Zoning of section 21 Ordinance No. 31-52 CommIssIOn. Seconded by Mayor which prohibits multiple stops i'; Pregler. Carried by the following uuloading 8000 gallon tank trailers vote: of -Class 1 flammable liquids at Yeas - Mayor Pregler, Council- service stations, presented and men Couchman, Meyers, McCauley, read. Councilman Couchman mov- Schultz. ed that the petition be referred to Nays-None. the City Manager, Fire Chief, and Petition of Mark Kirchoff re- City Attorney for recommendation questing permission to use a truck for change. Seconded by Council- eqnipped with a P.A. system as an man Meyers. Carried by the follow- advertising medium on March 27th ing vote: to announce time and date of an Yeas - Mayor Pregler, Council- inter coIlegiate folk festvial en- men Couchman, Meyers, McCauley, titled "Sing-Qut" presented and Schultz. read. Mayor Pregler moved that Nays-None. the petition be referred to the As was pointed out by Ruan rep- Citr Manager,. City Solicitor and resentatives the hazards in handl- Chief. of PolIce. Second~d by ing flammable liquids is increased CouncIlma!' Meyers. Carried by by the more frequent trips requir- the foIlowmg vote: . ed to fill tanks at service stations. Yeas - Mayor Pregler, CouncIl- The old idea intended was primar- men Couchman, Meyers, McCauley, ily to see to it that the transports Schultz. get completely off the street. Nays - None. Petition of United Spanish War Pet!tion of. !.?uis Buechel re- Veterans, General Fitzhugh Lee questm~ permIssIOn to excavate at Auxiliary, requesting permission 2087 Lincol~ Ave., presented and to hold their annual Carnation read. CouncIl,!,~n Meyers moved Drive on April 26th, presented and that the petItion be approved. read. Mayor Pregler moved that S~conded by Mayor Pregler. Car- the petition be approved and re- ried by the foIlowmg vote: ferred to the City Manager for. Yeas - Mayor Pregler, Coun- coordination. Seconded by Council- cilmen Couchman, Meyers, McCau- man Meyers. Carried by the follow- ley, Schultz. ing vote: Nays-None. Yeas - Mayor Pregler, Council- Petition of Louis T. Bournias men Couchman, Meyers, McCauley, requesting a refund of $25 on the Schultz. unexpired portion of cigarette Ii- Nays - None. cense No. 51, as he has discon- Petition of Conrad Plumbing & tinued business on February 13, Heating Co. requesting rezoning 1969, presented and read. Mayor 58 Special Session, February 17, 1969 59 Pregler moved that the petition be granted and the Auditor in- structed to issue proper warrant. Seconded by Councilman Meyers. Carried by the following vote: Yeas - Mayor Pregler, Council- men Couchman, Meyers, McCau- ley, Schultz. Nays-None. Petition of Alan Brayton re- questing a refund of $25 on the unexpired portion of cigarette Ii- cense No. 142, as he has discon- tinued business on February 7, 1969, presented and read. Mayor Pregler moved that the petition be granted and the Auditor in- structed to issue proper warrant. Seconded by Councilman Meyers. Carried by the following vote: Yeas - Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays-None. Petition of Junior Achievement of Tci-States Inc. requesting per- mission to use a portable sound unit in the downtown area on February 22, 1969 to promote their second annual trade fair to be held at the K of C Hall presented and read. Mayor Pregler moved that the petition be approved sub- ject to approval of the Chief of Police. Seconded by Councilman I Couchman. Carried by the follow- ing vote: Yeas - Mayor Pregler, Council- men Couchman, Meyers, McCau- ley, Schultz. Nays-None. RESOLUTION NO. 30-69 Accepting Delivery of Deeds for the Downtown Urban Renewal Project, loweR.15. WHEREAS, under date of July 26, 1967, the City of Dubuque and the United States of America en- tered into a Loan and Capital Grant Contract for the undertak- ing of the Downtown Urban Re- newal Project, Iowa R-15; and WHEREAS, the City of Du- buque, pursuant to authorization and direction of said Loan and Capital Grant Contract, has ac- quired for the public purpose of implementing and facilitating the Downtown Urban Renewal Project Iowa R-15, certain parcels of real estate by purchase; now therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: SECTION 1: That delivery of deeds to the City of Dubuque for the following described parcels of real estate in the Downtown Ur- ban Renewal Project, Iowa R-15 is hereby ratified and accepted by the City of Dubuque. Grentor Property Description John A. Nagle, deed dated Jan. uary 7, 1969, recorded in Book 197, page 660, Lot 16 in the Town (now City of Dubuque, Iowa, ac- cording to the United States Com- missioners' Plat of the Survey of said Town. (Parcel 14-3). Telegraph-Herald, Inc., deed dated January 7, 1969, recorded in Book 197, page 659. John A. Nagle, deed dated Jan- uary 7, 1969, recorded in Book 197, page 661, Lot 13 in the Town, now City of Dubuque, Iowa accord- ing to the United States Commis- sioners' Plat of the Survey of said Town. (Parcel 14-8). John A. Nagle, deed dated Jan- uary 7, 1969, recorded in Book 197, page 662, Lot 188 in the Town (now City) of Dubuque, in Du- buque County, Iowa, according to the United States Commissioners' Map of the Survey of the Town of Dubuque. SECTION 2. That the recording of the respective deeds of convey- ance of title in the office of the Recorder in and for Dubuque County, Iowa, is hereby ratified. SECTION 3. That the City Clerk be and he is hereby authorized and directed to file a copy of this Resolution in the office of the Recorder in and for Dubuque County, Iowa. Passed, approved and adopted this 17th day of February, 1969. Walter A. Pregler Mayor Sylvester McCauley Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Mayor Pregler moved adoption of the resolution. Seconded by Councilman Meyers. Carried by the following vote: Yeas - Mayor Pregler, Council- men Couchman, Meyers, McCauley. NaYs-Councilman Schultz. 60 Special Session, February 17, 1969 DUBUQUE AIRPORT COMMIS- provided by the Federal Avia- SION RESOLUTION 1-69 tion Agency. WHEREAS, the Airport Commis- 2. Provide fill and excavation for sion of the City of Dubuque, lowa the clearance. has made a comprehensive study 3. Purchase land needed for the of the needs and requirements to Approach Lighting System. be met in order to place the Du- and that the City Council of the buque Municipal Airport in a posi- City of Dubuque, Iowa, approve tion to meet the demands and re- such proposed improvements and quirements of modern day air- that the City Council of the City plane travel and in order to con- of Dubuque, Iowa, approve the is- form and comply with present suance of General Obligation regulations prescribed and enacted Bonds in the prinpical amount of by the regulating agencies of the $125,000.00 to pay for the cost of U.S. Government; and said improvements, and that the WHEREAS, the Airport Com- City Council. of . the City of Du- mission of the City of Dubuque, buque, ~owa, ImtIate the necessary Iowa as a result of its studies has proceedIngs for the Issuance by determined and established that the City Council of the City of Du- the following improvements must buque, . Iowa of ~O year General be made to the Dubuque Municipal OblIgatIon Bonds m the amount of Airport at the earliest possible $125,000.00. time, which improvements propos- !,assed, adopted and approved ed to be made are as follows: thIS 2 day of January, A.D. 1969. 1. Provide clearances for a pro- Les Harney. posed Instrument Landing System F IL W Ch~Irm~ and Approach Lighting System L' L pe~o war provided by tbe Federal Aviation Vie j Gr7rson Agency . ce 2. Pr¿vide fiII and excavation for Attest: W. M. Clemens Jr. the clearances. Jeff W Molid 3. Purchase land needed for the Council;"an C ch d Approach Lighting System. ?U man m~ve WHEREAS, the Airport Commis- :~~t ';~:e ~e:lutlOn be receIved sion of the City of Dubuque Iowa att~r of record. Sec- b,,:sed upon such study has 'deter- ~~~:i~ bty &~W;~Fa!, Mc~.uley. mIned and does hereby determine Yeas - Ma 0 OWIng vo . . that the esitmated cost of the im- yor Pregler, CouncIl- provements above specified is in men Couchman: Meyers, McCauley. the amount of $125,000.00; and Nays-CouncIlman Schultz. WHEREAS, the Airport Commis- RESOLUTION NO. 31-69 sion of the City of Dubuque, Iowa Resolution Fixing Date for a considers that the financing of the Meeting on the Proposition of cost of such improvements should the Issuance of not to exceed be made issuance of 20 year gen- $125,000.00 of Airport Bonds end eral obligation bonds; and Providing for Publication of Whereas; the City Council of the Notice Thereof City of Dubuque, Iowa, should be WHEREAS, the Municipality of petitioned and requested that it Dubuque, Iowa, is in need of eqnip- issue general obligation bonds in ping, improving and enlarging the the principal amount of $125,000.00 Municipal Airport by the installa- to pay for the cost of the above tion of an instrument landing sys- mentioned improvements. tem including acquisition of the NOW THEREFORE BE IT RE- necessary land, site preparation SOLVED BY THE AIRPORT COM- and easements, and it is deemed MISSION OF THE CITY OF DU- necessary that said Municipality BUQUE, IOWA: should issue general obligation Section 1. That the City Council bonds to the amount of not to consider the need for the improve- exceed $125,000.00 as authorized ment of the Dubuque Municipal by Code Section 330.16, Code of Airport in the following particu- Iowa, 1966, for the purpose of pro- lars, to wit: viding funds to pay a part of the 1. Provide clearance for a propos- cost of eqnipping, improving and ed Instrument Landing System enlarging the heretofore estab- and Approach Lighting System lished Municipal Airport; and Special Session, February 17, 1969 61 WHEREAS, before said bonds may be issued, it is necessary to comply with the provisions of Chapters 408A and 23, and Section 330.16 of the Code of Iowa, 1966, and to publish a Notice of the pro- posal to issue such bonds and of the hearing on issuance of such bonds and to receive and consider objections and/or petitions as therein provided. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That this Council meet in the Council Chambers, in the City Hall in Dubuque, Iowa, at 7:30 o'clock P.M., on the 7th day of March, 1969, for the purpose of taking action on the matter of the issu- ance of not to exceed $125,000.00 of Airport Bonds for the purpose of providing funds to pay a part of the cost of equipping, improving and enlarging the heretofore estab- lished Municipal Airport; that the maximum rate of interest which I said bonds shalI bear shalI not ex- ceed the rate of five per centum per annum. BE IT FURTHER RESOLVED, that the Clerk be and he is hereby directed to cause a notice of said meeting to be published once at least fifteen clear days prior to the time of said meeting in a legal newspaper, printed wholIy in the English language, of general cir- culation in the Municipality of Dubuque, Iowa, said notice to be in the form hereto attached. Passed and approved, this 17th day of February, 1969. Walter A. Pregler Mayor Attest: Leo F. Frommelt, City Clerk Notice of Meeting of the Coun. cil of the Municipality of Du. buque, Iowa, on the Matter of the Proposed Issuance of not to exceed $125.000.00 principei amount of Airport Bonds of the Municipality of Dubuque, Iowa, and hearing on the Issuenee of Said Bonds Public Notice is hereby given that the Council of the Municipal- ity of Dubuque, Iowa, wilI hold a public hearing on the 7th day of March, 1969, at 7:30 o'clock P.M., in the Council Chambers in the City Hall, in Dubuque, Iowa, at which said meeting the Council of Dubuque, Iowa, proposed to take action for the issuance of not to exceed $125,000.00 of Airport Bonds of said Municipality, bear- ing interest at the rate of not to exceed five per centum per an- num, said bonds to be issued for the purpose of providing funds to pay a part of the cost of equipping, improving and enlarging the here- tofore established Dubuque Mu- nicipal Airport, by the installation of an instrument landing system including acquisition of the neces- sary land, site preparation and easements. This Notice is given by order of the Council of the Municipality of Dubuque, Iowa, as provided by Chapters 4O8A and 23, and Section 330.16, Code of Iowa, 1966. If at any time before the above date a Petition is filed wth the Clerk of the Municipality of Du- buque, Iowa, pursuant to Sections 4O8A.2 or 330.16, Code of Iowa, 1966, signed by qualified electors of the Municipality equal in num- ber to two per cent of those who voted for the office of Governor at the last general election, asking that the question of the issuance of such bonds be submitted to the voters of such Municipality, the Council will either abandon the proposal to issue bonds or will call a special election to vote upon the question of the issuance of such bonds. At any time prior to the date fixed for said hearing petitions may be filed objecting to the is- suance of said bonds as provided for by Section 23.3, Code of Iowa, 1966. Dated at Dubuque, Iowa, this 18th day of February, 1969. Leo F. Frommelt, Clerk of Dubuque, Iowa Councilman Meyers moved adop- tion of the resolution. Seconded by Councilman McCauley. Carried by the folIowing vote: Yeas - Mayor Pregler, Council- men Couchman, Meyers, McCauley. Nays-Counclman Schultz. RESOLUTION NO. 32-69 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 62 Special Session, February 17, 1969 Cigarettes and Cigarette papers within said City. Michaels Restaurant, Inc., 2600 Dodge Street PJaza 20 BE IT FURTHER RESOLVED that the bonds filed with the ap- plication be approved. Passed, adopted and approved this 17th day of February, 1969. Walter A. Pregler Mayor Sylvester McCauley Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Councilman McCauley moved adoption of the resolution. Sec- onded by Councilman Schultz. Carried by the following vote: Yeas - Mayor Pregler, Council- men Couchman, Meyers, McCau- ley, Schultz. Nays-None. RESOLUTION NO. 33-69 WHEREAS, applications for Beer Permits have been submit- ted to this Council for approval and the same have been exam- ined: 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 Roger D. Williams, 1027 Rhom- berg Avenue Passed, adopted and approved this 17th day of February, 1969. Walter A. Pregler Mayor Sylvester McCauley Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Councilman McCauley moved adoption of the resolution. Sec- onded by Councilman Schultz. Car- ried by the following vote: Yeas - Mayor Pregler, Council- men Couchman, Meyers, McCau- ley, Schultz. Nays-None. RESOLUTION NO. 34-69 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. CLASS "B" BEER PERMIT Roger D. WiUiams, 1027 Rhomberg Avenue BE IT FURTHER RESOLVED that the bonds filed by such appli- cants be and the same are hereby approved. Passed, adopted and approved this 17th day of February, 1969. Walter A. Pregler Mayor Sylvester McCauley Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen 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 Couchman, Meyers, McCauley, Schultz. Nays-None. RESOLUTION NO. 3S-69 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 _s amended by the 60th General Assembly. CLASS "C" COMMERCIAL ESTABLISHMENT Roger D. Williams, 1027 Rhomberg Avenue Special Session, February 17, 1969 63 Passed, adopted and approved this 17th day of February, 1969. Walter A. Pregler Mayor Sylvester McCauley Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Councilman McCauley moved to adjourn. Seconded by Mayor Preg- ler- Carried by the following vote: Yeas-Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays-None. Attest: Leo F. Frommelt, City Clerk Councilman McCauley moved ad- option of the resolution. Seconded by Councilman Schultz. Carried by tbe following vote: Yeas - Mayor Pregler, Council- men Couchman, Meyers, McCanley, Schultz. Nays-None. RESOLUTION NO. 3U9 WHEREAS, applications for liq- uor Permits were filed by the within named applicants and they have received the approval of this Council, and WHEREAS, the premises to be occupied by such applicants were inspected and found to comply with the State Law and all City Ordinances relevant thereto and they have filed proper bonds: NOW THEREFORE BE IT RE- SOLVED by the City Council of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named applicants I a Liquor Permit. CLASS UC' COMMI!RCIAL ESTABLISHMENT Roger D. Williams, 1027 Rhomberg Avenue Passed, adopted and approved this 17th day of February, 1969. Walter A. Pregler Mayor Sylvester McCauley Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Approved 1969 Adopted 1969 ................................................... Councilmen Attest: .................................................. City Clerk. 111 I 1.11 II ¡III I II Iii II! "I, III' II 'II I' Iii! III II III III W,uþ' 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 Couchman, Meyers, McCauley, Schultz. Nays-None. There being no further business 64 for the month of January. Respectfully submitted, Gilbert D. Chavenelle City Manager Councilman Meyers moved that the reports be received and filed. Seconded by Mayor Pregler. Car- ried by the following vote: Yeas-Mayor Pregler, Council- men Couchman, Meyers, McCauley, 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 December 1968, presented and read. Mayor Pregler moved that the proof of publication be re- ceived and filed. Seconded by Councilman Meyers. Carried by the following vote: Yeas-Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays-None. - - Special Session, February 24, 1969 65 Special Session, February 24, 1969 CITY COUNCIL OFFICIAL Special Session, February 24, 1969. Council met at 7:30 P.M. (C.S.T.) Present - Mayor Pregler, Coun. cilmen Couchmen, Meyers, McCau. ley, Schul"'. 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 DIS. CUSSING WAGE PROPOSALS and acting upon such other busi- ness as may properly come before a regnlar meeting of the City Council. Communication of Iowa Water Pollution Control Commission re- commending chlorination or other control procedures to reduce bac- terial concentration in the Missis- sippi during the recreational sea- son, presented and read. Council- man Meyers moved that the com- munication be received and filed. Seconded by Mayor Pregler. Car- ried by the following vote: Yeas-Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays-None. Communication of Building In- spector Koa C. Gatrel requesting permission to issue a building per- mit to Louis Weis to extend pres- ent lanndromat facilities at 1104 White Street, this being located in the Washington neighborhood area, presented and read. Councilman Schultz moved that the petition be approved. Seconded by Council- man Couchman. Carried by the following vote: Yeas-Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays-None. February 19, 1969 To the Honorable Mayor and City Council Gentlemen: I herewith submit the monthly reports of the City Treasurer, City Auditor and City Water Depart- ment for the month of January 1969, as well as a list of claims for which warrants were drawn available for private development. Respectfully submitted, Planning and Zoning Commission Don Gilson City Planner Mayor Pregler moved approval of the recommendation and that same be referred to the City At- torney for proper proceedings. Seconded by Councilman Schultz. Carried by the following vote: Yeas-Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays-None. I Notice of claim of Robert Miller of 1428 Washington Street, in an undetermined amount, for person- al injuries received in a fall in an ice covered crosswalk at 12th and Washington Streets on February 1, 1969, presented and read. Mayor Pregler moved that the notice of claim be referred to the City So- licitor for investigation and report. Seconded by Councilman Couch- man. Carried by the following vote: Yeas-Mayor Pregler, Council- men Couchman, Meyers McCauley, Schultz. Nays-None. Notice of claim of Mrs. Ethel Hutter of 2091 Clarke Drive, in an undetermined amount, for personal injuries received in a fall on an ice covered sidewalk at 17th and Iowa Streets, presented and read. Mayor Pregler moved that the no- tice of claim be referred to the City Solicitor for investigation and report. Seconded by Councilman Couchman. Carried by the follow- ing vote: Yeas-Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays-None. Notice of claim by Dubuque Blacktop Company Inc. against the 1 Mt. Carmel Feeder Main Project in the amount of $2,592.05 ma- terial and labor, plus attorney fees in the amount of $217.75, as pur- chased by Smitty's Excavating, presented and read. Mayor Preg- ler moved that the notice of claim be referred to the City Solicitor for investigation and report. Sec- onded by Councilman couchman.!, Carried by the following vote: Yeas-Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays-None. ORDINANCE NO. 9-69 An Ordinance amending Ordi. nonce No. 33-49 known as the "Traffic Code of Dubuque, Iowa" as emended, by enActIng e new Section" to Schedule II thereof to provide that Burden Avenue from the West Property Line of Windsor Avenue 10 Its Northerly Tenninus be designated os e Through Street, presented and read. Councilman Couchman 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 Couchman, Meyers, McCauley, Schultz. Nays-None. Councilman Couchman moved that the rule requiring an Ordi- nance to be read on three separate days be waived. Seconded by May' or Pregler. Carried by the follow- ing vote: ' Yeas-Mayor Pregler, Council' men Couchman, Meyers, McCauley, Schultz. Nays-None. ORDINANCE NO. "" December 4, 1968 Honorable Mayor and Council Members Gentlemen: The City Planning and Zoning Commission has reviewed a request to have that portion of Dana Drive, lying between Kennedy Road and Woodland Drive, vacated. Vacation of this street was con- sidered by the Planning and Zoning Commission during ¡June of 1967, when zoning of this area was being considered. It was the opinion of the Commission, at that time, that the street was not nec- essary for the development of the area and that, in fact, it would be a hindrance to commercial devel- opment of this area. The Commis- sion's recommendation anticipated that this street would be vacated at some later date and the portion of the right of way in question was included in the area to be classi- fied Local Business "B". The Commission has found that this street has not been improved for public use and that no utilities are located within the right of way. It is the opinion of the Com- mission that there is no future public need for this right of way. It is the recommendation of the Planning and Zoning Commission that the right of way be vacated and that the property be made OLE II. den Avenoe fn>m "'e We,' - line 01 Wlnd,o, Avenoe '0 It, northe," te'mln..." Po"",,. o..,oved ond odo.'ed "'I, """ do, 01 Feb"o",. ,..,. WALTER A. SYLVEST MERLIN DONALD GAYLOR' ATTEST, Loo F. Fcommelt ~L~,,5,':.\k offkloll, In The Te""o.h- ""o'd New'.o.e, "", "'" do, 01 FeI>- M"" ,..,. Leo F. Fn>mmelt City CIe'" 1t. 2-27 Councilman Couchman moved that the Ordinance be finally adopted. Seconded by Mayor Preg- II ill 11,1 1- l¡,j ~_. 66 Special Session, February 24, 1969 ler. Carried by the following vote: Yeas-Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays-None. ORDINANCE "0. 10-69 An Ordinance emending Ordi- nance No. 33-49 kn_n as the "Traffic Cocle of Dubuque, Iowan as amendecl, by adding e new Subsection 18 of Section B of Scheclule '" thereof to provide th'" Northbound and South- bound Vehicles on Washington Street Must Slop Before Enter- ing the Inte.....ctlon of East Seventeenth Street, presented and read. Conncilman Couchman 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 Couchman, Meyers, McCauley, Schultz. Nays-None. Councilman Couchman moved that the rule reqniring an Ordi- nance to be read on three separate days be waived. Seconded by May- or Pregler. Carried by the follow- ing vote: Yeas-Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays-None. ORDINANCE NO. ..... 'oboque. .... - .n_._... - ..- n" '.me " hmbv ame"""" bv "actloo . oow Sub"",oo 18 to SectIon. of Sd>ed- ule III the...o' as follow" "Schedule III C.,8. Easl Seveoteeoth Sb-eet aod Washiooton St"""." d:,a'~r'Fi~v;R'~".::~:~~' "th Mavo, SYLVESTER McCAULEY MERLIN F. SCHULTZ DONALD R. MEYERS GAVLORO M. COUCHMAN CooocUm" ATTEor, . F,umme" k officIallY 10 The Teleo'a"- thl, 271h dav 01 Feb- . ~ 't,.:t.n>mme" ]t. M7. Councilman Couchman moved final adoption of the Ordinance. Seconded by Mayor Pregler. Car- ried by the following vote: Yeas-Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays-None. Petition of Daughters of Union Veterans Mary Agard Tent #35, requestion permission to conduct their annual tag day on September 3, 1969, presented and read. Mayor Pregler moved that the petition be approved and referred to the City Manager. Seconded by Councilman Meyers. Carried by the following vote: Yeas-Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays-None. Petition of Mrs. Wilfred Chap- man et al (56 signers) requesting correction of street condition at the intersection of Dove and Meg- gan streets as to improper water drainage, presented and read. May- or Pregler moved that the petition be referred to the City Engineer for investigation and report. Sec- onded by Councilman Meyers. Car- ried by the following vote: Yeas-Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays-None. Petition of Dubuque Kennel Club requesting amendment of Dog Ordinance No. 11-68 to com- ply with requirements of Iowa De- partment of Agriculture approv- ing rabies vaccine given every three years, presented and read. 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 Meyers. Carried by the following vote: Yeas-Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays-None. Mr. Ronald Ford, a member of the Iowa Dog Breeders Ass'n. ad- dressed the Council by stating the three year vaccine is for the pro- tection of honest persons. It is a proven fact that the vaccine has been passed. Mr. Wm. Phend from the Humane Shelter made inqniry as to age of dogs when inoculation is considered safe. Mr. Art Roth Special Session, February 24, 1969 67 stated that there is no repercus- sion for animals at six months of age. Mayor Pregler moved that the Kennel Club petition be referred to the Health Department and the City Solicitor. Seconded by Coun- cilman Meyers. Carried by the fol- lowing vote: Yeas-Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays-None. RESOLUTION NO. 37-69 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. i Allen E. Tressel, 2528 Central Avenue. BE IT FURTHER RESOLVED that the bonds filed with the ap- plication be approved. Passed, adopted and approved this 24th day of February, 1969. Walter A. Pregler Mayor Sylvester McCauley Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Councilman Meyers moved adop- tion of the resolution. Seconded by Councilman Couchman. Carried by the following vote: Yeas-Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays-None. Mr. Owen Riley, representative of the Teamster's local, was in- vited to submit wage proposals for the group he represented. One of the first items of objection was the six month probationary peri- od in effect at the present time. The six month period is consid- ered too long and suggested a change to a three month period, to start when a person begins em- ployment. This of course is not meant to affect summer em- ployees. On February 3rd the Union was elected to represent employees and a 6% across the board raise that was proposed by the City was voted down by the union membership. At a meeting with the City Manager and de- partment heads held on February 6th the six percent increase was not enough to satisfy the union group and the proposed increase was not comparable to other in- dustries. The grOUp went on rec- ord as asking for thirty cents per hour across the board. In range 18F, 19F, 20F, 21F, according to the present pay plan, the average raise would amount to eighteen cents per hour based on the 6% increase proposal. Range 22F me- chanics it would be twenty cents per hour more, and 23F, foremen, it would be twenty-one cents per hour additional. The Park depart- ment, Recreation Department and Street Department are requesting thirty cents per hour more across the board, which would affect thirty-six laborers, twenty truck drivers, Ten equipment operators No.1, seven mechanics and nine foremen, which would total eighty- two people. This is the group that Mr. Riley is representing and he made it plain that this ;s the only group. The City Manager stated that the groups worked very hard. To start with, the probationary period was discussed without com- ing to a conclusion. He also in- formed the group that the Coun- cil had received no prior informa- tion. If one step to everyone is granted it would take an addi- tional $69,909 to finance same. At the present time there is only $66,000 available to finance. Ac- tually the City has 468.72 em- ployees, 458.5 of which are part of the pay plan. It would take $203,000 to finance a total wage increase as proposed with step in- crease included. On the basis of 458.5 employees and granting 25¡! per hour more it would cost $54,700 additional. This would be taking all assets remaining reduc- ing balances to zero. Laborer range I8F at $2.87 per hour would mean a 6.9% increase and at 19F at $3.00 per hour it would mean a 6.8% increase. Moving up one whole bracket would cost $12,000 more. Mayor Pregler moved that the matter of wages be referred to the Council as a - 'I _J pi"" 68 Special Session, February 24, 1969 Regular Session, March 3, 1969 69 committee of the whole and to meet again Friday evening, Feb- ruary 28, in the Council Cham- ber at 7:30 P.M. Seconded by Councilman Meyers. Carried by the following vote: Yeas - Mayor Pregler, Council- men Couchman, Meyers, McCau- ley, Schultz. Nays-None. There being no further business Councilman Couchman moved to adjourn. Seconded by Council- man Meyers. Carried by the fol- lowing vote: Yeas - Mayor Pregler, Council- men Coucbroan, Meyers, McCau- ley, Schultz. Nays-None. Leo F. Frommelt City Clerk CITY COUNCIL OFFICIAL R8!lulor Session, Merch 3, 1969. Council met et 7:30 P.M. (C.S.T.) Present-Mayor Pregler, Council. men Couchman, Meyers, McCauley, Schultz. City Manager Gilbert D. Ch.ovenelle. 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 busi- nes. as may properly come before !be meeting. Communication of City Manager's Administrative Assistant submit- ting . report of the investigation of the rodent problem in the area at Keokuk and National streets, presented and read. Councilman Meyers moved that the report be received and filed. Seconded by I Mayor Pregler. Carried by the fol. lowing vote: Yeas-Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays-None. Proof of Publication, certüied to by the Publisher, of Statement of Receipts and a list of claims for which warrants were issued during January I969, presented and read. Mayor Pregler moved that the proof of publication be received and filed. Seconded by Councilman Meyers. Carried by the following vote: Yeas-Mayor Pregler, Council. men Couchman, Meyers, McCauley, Schultz. Nays-None. Approved ..................................1969. Adopted ....................................1969. ............................................................ Councilmen Attest: """"ëïiÿ"Ci~~k:""""""""""" February 28, 1969 To the Honorable Mayor and City Council Gentlemen: I am requesting authority to sign the enclosed revised contracts with the Dubuque Humane Society. Also enclosed is a copy of a di- rective to the staff of the Health Department regarding the dog op- eration. Respectfully, Gilbert D. Chavenelle City Manager Councilman Schultz moved that the City Manager be given author- ity to sign the contract. Seconded by Councilman Couchman. Carried by the following vote: Yeas-Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays-None. Councilman Couchman moved that the rules be suspended in ord- er to let anyone present address the Council if they so desire. Sec- onded by Councilman Schultz. Car- ried by the following vote: Yeas-Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays-None. Mr. Phend of the Humane S0- ciety Shelter stated that there is some disturbing news as to a dis. temper problem at the shelter. He definitely stated that it is no fault of tbe shelter. A veterinary now checks all animals before they are sent out to homes to be sure that no disease exists at the time of release. Communication of William B. Weber and Charles Arthofer ob- jecting to the proposed rezoning of the area from East 12th to East 20th, in which Hawkeye Auto Sale. is located, as being an injustice to the business community affectèd, presented and read. Mayor Pregler moved that the communication be referred to the Planning & Zoning Commission. Seconded by Council- man Couchman. Carried by the fol- lowing vote: Yeas-Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays-None. Notice of claim of Fay B. McDer- mott, in the amount of $35.00, for personal injuries received in a fall on an ice covered walk at 752 University Avenue on January 24, 1969, presented and read. Coun- cilman Meyers 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 Couchman, Meyers, McCauley, Schultz. Nays-NODe. I III ¡Ø'"