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1969 July Council Proceedings 276 Special Session, June 23, 1969 Regnlar Session JuJy 7, 1969 277 Seconded by Councilman McCauley. Carried by the following vote: Yeas-Mayor Pregler, Council- men Couchman, Meyers, McCauley. Nays-None. Absent-Councilman Schultz. Mr- Robert Bachman, an attor- ney from Wisconsin, addressed the Council as a rep"esentative of Am- bulance Associates Inc. relative to operation of ambulance service by private enterprise, rather than by the City. In Menasha, Wis- they operate ambulance service twenty- four hours per day, in an area of approximately twenty miles, in which area five or six hospitals are located. Their services were made available if and when the Council might be interested. Tbere being no furtber business Councilman Meyers moved to ad- journ. Seconded by Councilman Couchman- Carried by the follow- ing vote: Yeas-Mayor Pregler, Council- men Couchman, Meyers, McCauley. Nays-None. Absent-Councilman Schultz. . Leo F. Frommelt City Clerk. CITY COUNCIL OFFICIAL Regular Session, July 7, 1969. Council met at 7:30 P.M. (D.S.T.) Prnent-Meyor Pregler, Council. men Couchman, Meyers, McCauley, Schultz. City Manager Gifbert D. Chavonelle. Mayor Pregler read the call and stated that service thereof had been duly made and tbis meeting is the REGULAR MONTHLY MEET- ING of the City Council called for tbe purpose of acting upon such business a, may properly come before the meeting. I Communication of Mrs. A. E. Bourgeault of 2165 Suzanne Drive commenting on the absence of park area in and around their place of residence, presented and read. Conncilman 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. Approved ...1969. I June 30, 1969 To the Honorable Mayor and City Council Gentlemen: In accordance with the pro- vision, of Chapter 365 of the 1966 Code of Iowa, the Civil Service Commission conducted Entrance Examinations on May 14, 1969 for the FffiE department- The following have passed both the written and physical examina- tions and are hereby certified for appointment to the Fire Depart- ment. Kenneth J- Link 78.3% Respectfully submitted, Louis F. Fautscb Gerard B. Noonan LeRoy H. Giles Civil Service Commission Adopted ...................1969. "ëöü;¡-ëi¡;;;ëiï"'" Attest: """"'ë;ïÿ'ci~~k"""""""""-'" I Attest: Leo F. Frommelt Clerk Subscribed and sworn to before me this 30tb day of June 1969. Eugene J. Berens Notary Public Mayor Pregler moved that tbe communication be received and filed, and made a matter of record. Seconded by Councilman Meyers. Carried by tbe following vote: Yeas-Mayor Pregler, Council- men Coucbman, Meyers, McCauley, Schultz. Nays-None- May I, 1969 Honorable Mayor and Council Members Gentlemen: Tbe City Planning and Zoning Commission has held a public hear- ing on a proposal to reclassify from Multiple Residence to Bus- iness District, property described as: City lots 101 through 108 and all of City lots 137 through 140. This includes property in tbe Block bounded by Fiftb Street on tbe south, Bluff Street on the west, Sixth Street on the north and Locust Street on the east, and is referred to as Tract "A", and tbe half block bounded by Locust Street on the east, Fourth Street on the soutb, the alley between Bluff and Locust on the west and Fiftb Street on the north, and is referred to as Tract "B". Tract "A" is occupied by a fill- ing station, the Federal Building and a rooming house. Tract "B" is occupied by a fill- ing station and repair garage and six residential structures- I! was the opinion of the Com- mission tbat tbis was in accord with the General Development Plan for the City of Dubuque and tbat it would permit a logical ex- tension of commercial develop- ment in the downtown area at the present time. I! is the recommendation of tbe Planning and Zoning Commission that this proposal be approved. Respectfully submitted, Planning and Zoning Commission Don Gilson City Planner Mayor Pregler moved tbat the recommendation be referred to the City Solicitor for proper proceed- ings- Seconded by Councilman Couchman. Carried by the follow- ing vote: Yeas-Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays-None. 278 Regnlar Session July 7, 1969 July 3, 1969 that everyone else enjoyed the Honorable Mayor benefit of non-conforming use but and City Council not the Mettel property when the Gentlemen: Washington area neighborho'.d Tbe City Planning and Zoning area rezoning took place. The Met- Commission has reviewed a request tel Realty and Investment has no to bave properly, located at the non.conforming use to protect northwest corner of Fourteenth them on this property at 14th and and White Streets, reclassified White. The Planning and Zoning from Multiple Residence to Bus- Commission evidently could find iness. This property is described no cause to rezone to a more reo as follows: stricted use- There is no legal way The south % of out lot 432, the of solving the problem. This prop. south 'k of the south middle % erty was acqUIred at commercial of out lot 432 the north 'k of property prices. He made it clear the south middle % of out lot that they do not wish to be in. 432, and tbe middle'% of out lot volved in the. overall problem of 432. rezomng WhIte Street and the This particular piece of property Washington area neighborhood. is located in the area which was Mr. Hank Waltz addressod the studied as a part of the Washing. Council by posing the question ton Street Neighborhood rezoning "why was this land bought"? Pos- proposal. In the Commissions sibly the purcbasers made a mis- letter, dated April 4 1969 it was take. When the property was pur- recommended that Ibis property chased there were two homes on it not be reclassified from Business and a burned out business. He sug- to Multiple Family. Considerable gested tbat the zoning be left as study was given to this matter be. it is on tbe property until tbe fore making the recommendation. owners have a chance to sell it for Tbe Commission feels that this bus!"ess. ,If it is rezoned back to recommendation is still pertinent husmess as of now tbere would ~e to the above described property no chance for Federal or State ald. and tbat nothing can be added to Proof of Publication, certified to tbat recommendation at this time. by the Publisber, of Statement of Respectfully suhmitted, Re~eipts and a list ~f claims !or Planning and Zoning wblch warrants were Issued dunng Commission the month of May 1969, presented Don Gilson and read. Mayor Pregler moved City Planner that the proof of publication be received and filed. Seconded by Councilman Couchman moved Councilman McCauley. Carried by that the recommendation be refer. the following vote: red t~ tbe Council. Seconded by Yeas-Mayor Pregler, Council. CouncIlman McCauley. Carried by men Couchman Meyers McCauley tbe following vote: Schultz.'" Yeas-Mayor Pregler, Council- Nays-None. men Couchman, Meyers, McCauley, Schultz. July 1, 1969 Nays-None- To tbe Honorable Mayor Mayor Pregler moved tbat tbe and City Council rules be suspended in order to let Gent1eme~: anyone present address the Coun- I submlt to y?U a petiti?n of cil if tbey so desire. Seconded by Mrs. R~bert. Smltb requeshng. a Councilman Couchman. Carried by street hght m an alley runmng tbe following vote- from Scblller Street and between Yeas-Mayor p~egler, Council. Rbomberg and Garfield. men Couchman Meyers McCauley Tbe area has been inspected and Schultz ' , , I recommend that the petition be Nay":""'None. denied following our practice of not placing street lights in alleys. Attorney Hal Reynolds, repre- In this alley there are "Ready senting Mettel Realty and Invest. , Lights" located north of Farley ment, as owners of Out Lot 432, ! and south of Humboldt. These located at 14th and White, stated ligbts were installed by the power Regnlar Session July 7, 1969 279 company at tbe request of property bolders and are paid for by the property holder. I bave written petitioner, Mrs- Robert Smitb, explaining my recommendation and informing her about the "Ready Lights". Respectfully, Gilbert D. Chavenelle City Manager Councilman Meyers moved tbat tbe recommendation of the City Manager be approved. Seconded by Mayor Pregler. Carried by tbe following vote: Yeas-Mayor Pregler, Council. men Coucbman, Meyers, McCauley, Scbultz. Nays-None. July 2, 1969 To the Honorable Mayor and City Council Gentlemen: During the past several years many complaints bave been reo ceived regarding the conditions of a building at 45 Shields Street. I directed the Building Depart- ment to investigate the conditions and have any defects corrected. The efforts to gain compliance and corrections bave not been successful. On June 17, 1969 I received the following report from tbe Building Department. June 17, 1969 Mr. Gilbert D. Chavenelle City Manager Dubuque, Iowa Dear Sir: For several years I have attempt. ed to bave Jake Sloan repair the rear and side wall of a building known as 45 Sbields Street, located on City Lot 539A, and legally re- corded owner Sloan Distributing Company. I bave talked to Mr. Sloan on tbe pbcne and received no assurance or satisfaction as to any repair. On January 22, 1969 I sent a letter to Mr. Sloan describing the con. ditions. I received no answer. On Fehruary 8, 1969 the Lineban and Molo Company notified Mr. Sloan that tbey were going to repair tbe building to tbe soutb and advised him to protect bis building. They received no answer. Mr. Sloan apparently will not move by ordinary means so I reo commend that action be taken as per Ordinance No. 35.52 and a ten day notice to repair or demolisb be issued to Mr. Sloan. Respectfully, Donald J. Bandy Building Commissioner After receiving tbis report, I personally inspected tbe premises. As a result of this inspection on July 2, 1969 I prepared the follow. ing notice: Notice June 18, 1969 To: Sloan Distributing Co. 45 Sbields Street Dnbuque, Iowa Jake Sloan, President Recorded owner for property known as 45 Sbields Street, located on City Lot 539 A in tbe City of Dubuque, Dubuque County, Iowa. I have personally inspected the structure known as 45 Sbields Street and located on the above described real estate in tbe City of Dubuque, Iowa and find the conditions as they bave been re- ported to me by the Building Com- missioner as substantially correct. A copy of whose report is bereby attacbed and by reference made a part bereof. According to tbe provisions of City Ordinance No. 35-52, you are bereby given ten (10) days notice to correct the dangerous conditions as described in the attacbed re- port or dismantle tbe rear part of this building. Gilbert D. Cbavenelle City Manager This notice has not been com- piled with and I recommend to the City Council that the provisions of Ordinance No. 35.52 be enforced and that tbe owners of said build- ing known as 45 Shields Street and located on City Lot 539 A in the City of Dubuque, Iowa and Sloan Distributing Company, Jake Sloan, President, 201 West 17th Street be required to correct tbis dangerous condition and clean up tbe premises. Gilbert D. Cbavenelle City Manager Councilman Couchman moved tbat the recommendation of tbe City Manager be approved and that the public hearing be beld on August 4, 1969, at 7:30 P.M. in the Regnlar Session July 7, 1969 man Meyers. Carried by the follow- ing vote: Yeas-Mayor Pregler, Council. men Coucbman, Meyers, McCauley, Schultz. Nays-None- Conndlman Couchman moved Ihat the rule requiring an Ordin. once to be read on three separate days be waived. Seconded by Councilman Meyers. Carried by tbe following vote: Yeas-Mayor Pregler, Council- men Coucbman, Meyers, McCauley, Schultz. Nays-None. -~ ORnIHANCE No. 31-6' AN ORDINANCE AMENDING ORDI. NANCE No. 78 BY REPEALING SEC- TION 40 THE REO>' AND ENACTING A NEW SECTION 40 IN LIEU THEREOF TO PROHIBIT HUNTING WITHIN THE CITY LIMITS WITH BOW AND AB. ROW. NOW THEREFORE BE IT OR. DAINED BY THE CITY COUNCH. OF THE CITY OF DUBUQUE, IOWk Soclion 1. Tbal O,dinance No. 78 be and the ,"me i, hereby amended by repeating Seollon 40 thereof and en. acling a new Section 40 in lieu Ihe,eof as follow", "40. SLING SHOTS, STONES, MIS- SfLES AND HUNTING WITH BOW AND ARBOWS. If any p..,"n, within the Co.-po'"te limit. of lhi, city h., in his possession 0' u,e, any sling ,hot of any kind, "' w1lfnUy 0' c",eie"ly th,ow, any 'tone, stick", othe, mis,ite in ,uch a mann.. as to hIt, injure 0' endange, any p... son, "' wIndow or other property or If any person within the co.-po'"te limit, of the City of Dubuque hunt, with a bow and anow, he ,hall be guilty of a _demeaaor_" Passed, approved, and adopted thi. 7tb day of July, 1969. ~/ Walter A. Pregler Mayor Sylv"ter McCauley Merlin F. Schul" Donald R. Meyen Gaylord M. Couchman Connc11men ATI'EST, Leo F. Frommelt City Clerk. PobH,hed offidally In The Telegraph- 11.~~~ld New,paper thIs 10th day of Jnly, Leo F. Frommelt CIty Clerk. 280 Regnlar Session July 7, 1969 Council Cbamber at tbe City Hall and tbat the Clerk be instructed to publish proper notice. Second. ed by Councilman Meyers. Carried by the following vote: Yeas-Mayor Pregler, Council- men Coucbman, Meyers, McCauley, Schultz. Nays-None. June 24, 1009 To the Honorable Mayor and City Council Gentlemen: Attached Is the 1968 Operating Statement of the Peoples Natural Gas Division. Respectfully, Gilbert D. Chavenelle City Manager Mayor Pregler moved that the Statement be received and filed- Seconded by Councilman Me. Cauley. Carried by tbe following vote: Yeas-Mayor Pregler, Council. men Couchman, Meyers, McCauley, Schultz. Nays-None. June 24, 1969 To the Honorable Mayor and City Council Gentlemen: I am returning to you the peti. tion of tbe Grandview Park.Plaza I Corporation for the purchase of city property along Rowan Street. The general proposition was recently considered as a request to vacate Rowan Street. This reo quest was denied, and it is for the same reasons that I recommend tbe present petition be rejected. I am enclosing copies of letters from John White and Don Gilson who have reviewed the request and state tbe reasons for the City re- taining ownership of tbe property. Respectfully, Gilbert D. Chavenelle City Manager Councilman Schultz moved that the recommendation of the City Manager be approved. Seconded by Councilman McCauley. Carried by the following vote: Yeas-Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schnltz. Nays-None. Notice of Claim of James R. Staudacher, in an undetermined amount, for loss of automobile, eye glasses, and also personal injuries received as the result of workmen felling a tree on June 25, 1969 on Loras Blvd. between Mt. Pleasant and Glen Oak, presented and read. Councilman Meyers moved that the notice of elaim be referred to the City Solicitor for investigation and report. Seconded by Councilman Scbultz. Carded by tbe following vote: Yeas-Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays-None. Notice of claim of Sam P. Wei. pert of 2701 White Street, in the amount of $75.00 for damage in. curred to personal property as tbe result of a sewer back.up into his home, no partciular date given, presented and read. Councilman Meyers moved that the notice of claim be referred to tbe City Solicitor for investigation and reo port. Se£ond£d by Councilman Schultz- Carried by the following vote: Yeas-Mayor Pregler, Council. men Couchman, Meyers, McCauley, Schultz. Nays-None. Notice of Claim of Mrs. Regina Susan Ahern, in an undetermined amount, for personal injuries re- ceived in a fall on a defective side. walk at 315 Bluff Street on June 9, 1969, presented and read. Coun. cilman Meyers moved that the notice of claim be referred to tbe City Solicitor for investigation and repOrt. Seconded by Councilman Schnltz. Carried hy tbe following vote: Yeas-Mayor Pregler, Council- men Coucbman, Meyers, McCauley, Scbultz. Nays-None. ORDINANCE NO. 31-69 An Ordinance amending Ordl.... ance Il1o. 78 by repealing Section 40 thereof end enacting a n- Section 40 In lieu thereof to prohibit hunting within tha city limits with bow end arrow, presented and read. Councilman Co""hman moved tbat tbe reading just bad be con- sidered the first reading of tbe Ordinance. Seconded by Council- It. 7/10 Couneitman Couc1unan moved final adoption of the Ordinance. Seconded by Councilman Meyers. Carried by tbe following vote: Yeas-Mayor Pregler, Council. men Couchman, Meyers, McCauley, Schultz. Nays-None. ORDINANCE NO. 32-69 An ordinance amending Ord~ nance No. 56-61 known as "Buildlng Code" of the City of 281 Dubuque, Iowa, by repealing Subsection 5 of Section 503 thereof and enacting a new Sub- section 5 of Section 503 thereof providing for restrictions on height of residence buildings of seml.fireresistive construction and ordinary construction and noncombustible construction and further providing that wood frame construction and unpro- tected metal construction shall not exceed three stories In height, presented and read. I' Councilman Couchman moved . that the reading just bad be con. sidered tbe first reading of the Ordinance. Seconded by Council- man Meyers. Carried by tbe fol- lowing vote: Yeas - Mayor Pregler, Council- men Coucbman, Meyers, McCauley, Schultz. Nays-None. Councilman Coucbman moved that the rule requiring an Ordi- nanee to be read on tbree separate days be waived. Seconded by Councilman Meyers. Carried by tbe following vote: Yeas - Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays-None. ORnlNANCE No. 32.69 AN ORDINANCE AMENDING ORDI. NANCE No. 56.61 KNOWN AS "BUILD- ING CODE" OF THE CITY OF DU. BUQUE, IOWA, BY REPEALING SUB- SECTION 5 OF SECTION sOl THEREOF AND ENACTING A NEW SUBSECTION s OF SECTION so, THEREOF PROVID- ING FOR RESTRICTIONS ON HEIGHT 07 RESIDENCE BUILDINGS 07 SEMI. FlRERESISTIVE CONSTRUCTION AND ORDINARY CONSTRUCTION AND NONCOMBUSTffiLE CONSTRUCTION AND FURTHER PROVIDING THAT WOOD FRAME CONSTRUCTION AND UNPROTECTED METAL CONSTRUC. TION SHALL NOT EXCEED THREE STORIES IN HEIGHT. NOW THEREFORE BE IT ORDAINRD BY THE CITY COUNCIL OF T'rlE CITY OF DUBUQUE, IOWA, Soctlon 1. ThaI Ordinance No. 56-61 known as "Bulldlng Code" of the City of Dubuque, Iowa be and the same !, hereby amended by repealing Sub",- llon S of Section 50' thereof and en- aellng a new Subsection 5 of Section 503 In Ileu thereof as follows, to.wil, "5. Re"dence Building,. For resIdence buildIngs, seml-fire,..,s!s- live construction shall not exceed 7S feet: ordinary construction shall not ex. coed 3 .tories or 45 feet. All bulldlng, In this class, three stories in height, shall have Ibe £Ioor over the cellar or b..ement of two hour £Ire resistance. No wooden multiple dwemngs shall hereafter be erected exceedIng three 282 Regnlar Session July 7, 1969 (3) stories In height and no wooden building not now nsed as a mulllple dwemng shall hereaft.. be allered Into a mnlllple dwelllng exceedIng two stories in height_" passed, approved, and adopted Ihls 71h day of Jnly, 19G9. Waller A. p«gler Mayor SYlvester McCauley M..Un F. Schull' Donald R. Meyers Gaylord M. Couchman Councilmen ATTEST' Leo F. Frommelt City Clerk. published officially in the Telegraph- Herald Newspaper th" lOth day of July, 19G9. Leo F. Frommell CUy Clerk. it. 7/10 Councilman Coucbman moved fi- nal adoption of the Ordinance. Seconded by Councilman Meyers. Carried by the following vote: Yeas - Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays-None. Petition of Wm. J. Ohnesorge et al (10 signers) praying for ac- tion to stop the erosion of their property along Gillespie and W. 32nd streets, due to heavy rains, presented and read. Mayor Preg- ler moved tbat tbe petition be referred to tbe Engineering De- partment for investigation and re- port. Seconded by Councilman McCauley. Carried by the follow- ing vote: Yeas - Mayor Pregler, Council- men Coucbman, Meyers, McCauley, Scbultz- Nays-None. Mr. Ohnesorge addressed the Council also Mr- Don Rietjens who claimed that at one time you could step across the drainage ditch but now it is from fifteen to twenty feet wide- Most of the erosion is caused by tbe City holding back the water in the 32nd street basin, wbich causes the banks along the ditch to become water logged and wben the water recedes the banks cave in. I! was suggested that any kind of rock to be furnisbed by tbe City would be welcome- Petition of Peoples Natural Gas requesting permission to excavate at 429-31 Loras Blvd., presented and read. Mayor Pregler moved that the petition be approved sub- ject to approval of the Engineer- ing Department. Seconded by Councilman Couchman. Carried by tbe following vote: Yeas - Mayor Pregler, Council- men Couchman, Meyers, McCauley, Sohultz. Nays-None. Petition of Charles H. Cadigan requesting vacation of Lot 6-A and conveyance of interest, said lot being an alley abutting Lots 4, 5, and 6 of O. L. 724, in an area off Cardiff Street & W. 3rd, present- ed and read- Councilman Meyers moved that the petition be refer- red to tbe City Manager and Staff. Seconded by Mayor Pregler. Car- ried by the following vote: Yeas - Mayor Pregler, Council- men Coucbman, Meyers, McCauley, Schultz. Nays-None. Petition of Leonard C. Nebel requesting permission to excavate at 521 E. 22nd Street to replace a broken water line, presented and read. Mayor Pregler moved that the petition be granted. Sec- onded by Councilman Meyers. Car- ried by the following vote: Yeas - Mayor Pregler, Council- men Couchman, Meyers, McCauley, Scbultz. Nays-None. Petition of Colt 45 Drum & Bu- gle Corps requesting permission to set off aerial bombs both at tbe start of a parade at 1:30 P.M. (at Jackson Park) and also at 6:45 P.M. at Senior High Field on Sat- urday, August 30, 1969. Council- man Coucbman moved that the petition be granted subject to ap- proval of the City Manager. Sec- onded by Mayor Pregler- Carried by tbe following vote: Yeas - Mayor Pregler, Council- men Couchman, Meyers, McCauley, Scbultz- Nays-None. Petition of Peoples Natural Gas requesting permission to excavate at two locations on Clarke Drive, near Paul Street, presented and read. Councilman Scbultz moved tbat tbe petition be granted sub- ject to approval of the Engineer- ing Department. Seconded by Mayor Pregler. Carried by the following vote: Yeas - Mayor Pregler, Council- men Coucbman, Meyers, McCauley, Scbultz. Nays-None. Regnlar Session July 7, 1969 283 Petition of Westcbester Inc_, Woodland Arms Inc., Asbury Square Inc., requesting permission to excavate in Woodland Drive and Key Way Drive and also Del- monico Drive to install catcb ba- sins to relieve a water drainage problem, presented and read. Councilman Meyers moved that the petition be granted subject to approval of the Engineering De- partment. Seconded by Collncil- man Coucbman. Carried by tbe following vote: Yeas - Mayor Pregler, Council- men Couchman, Meyers, McCauley, Scbultz. Nays-None. Petition of Dubuque Jaycees Beer Tent requesting a refund of $150. on tbe unexpired portion of Beer License No. 52, as tbey bave discontinued business on June 14, I 1969, presented and read. Coun- cilman Schultz moved tbat tbe re- fund be granted and tbe Auditor instructed to issue proper warrant. Seconded by Mayor Pregler. Car- ried by tbe following vote: Yeas - Mayor Pregler, Council: men Coucbman, Meyers, McCauley, Schultz. Nays-None- Petition of Bernard Skabill re- questing a refund of $200.' on Beer Permit No. 51, said license was never used, presented and read- Councilman Scbultz moved that the petition be granted and tbe Auditor instructed to issue proper warrant. Seconded by Mayor Preg- ler. Carried by tbe following vote: Yeas - Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays-None. Petition of Bernard Skahill re- questing a refund of $100. on cig- arette license No. 23, said license was never used, presented and read. Councilman Scbultz moved that the refund be granted and tbe Auditor instructed to issue proper warrant- Seconded by May- or Pregler. Carried by the fol- lowing vote: Yeas - Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays-None. Petition of Robert J- Bowen re- questing a refund of $50. on tbe unexpired portion of Class B Beer Permit No. 95, as he bas discon- tinued business on June 28, 1969, presented and read- Councilman Schultz moved tbat the refund be granted and tbe Auditor instruct- ed to issue proper warrant- Sec- onded by Mayor Pregler. Carried by tbe following vote: Yeas - Mayor Pregler, Council- men Couchman, Meyers, McCauley, Scbultz. Nays-None. Petition of June Noel request- ing a refund of $100. on tbe unex- pired portion of Class B Beer Per- mit No.6, as she bas discontinued business on June 28, 1969, present- ed and read. Councilman Scbultz moved tbat tbe refund be granted and tbe Auditor instructed to is- sue proper warrant. Seconded by Mayor Pregler. Carried by tbe fol- lowing vote: Yeas - Mayor Pregler, Council- men Coucbman, Meyers, McCauley, Schultz- Nays-None. June 26, 1969 Honorable Mayor and Council Members Gentlemen: The City Planning and Zoning Commission bas reviewed a final plat of Lot 25, Block 4, Sunset Park Subdivision in the City of Dubuque. The land included in tbis plat is classified Multiple Residence on tbe Zoning Map and is proposed to be developed for an apartment complex- Tbe developer bas propos- ed that Owen Court rigbt-of-way be forty four feet ratber tban tbe standard fifty feet. I! was tbe opin- ion of tbe Commission tbat since the street is relatively short and is planned to serve a single devel. opment and because the Zoning Ordinance requires, in sucb a de- velopment, tbat off-street parking be provided, tbat tbis rigbt-of-way would be adequate. The Commis- sion was informed tbat tbe Engi- neering Department considered tbis rigbt-of-way adequate for tbe roadway surface and public util- ities. I! is tbe recommendation of tbe Planning and Zoning Commission 284 Regnlar Session July 7, 1969 that tbis plat be approved. Respectfully submitted. PLANNING AND ZONING COMMISSION Don Gilson, City Planner Mayor Pregler moved tbat tbe recommendation of the Commis- sion be approved. Seconded by Councilman Meyers- Carried by the following vote: Yea<;--Mayor Pregler. Council- men Couchman, Meyers, McCauley, Schultz. Nays-None. RESOLUTION NO. 171-69 RESOLUTION APPROVING THE PLAT OF STREET DEDICA- TION IN LOT 25 BLOCK 4 IN SUNSET PARK SUBDIVISION IN THE CITY OF DUBUQUE, IOWA Wbereas, tbere bas been filed with the City Clerk a plat of Lot 25. Block 4 Sunset Park SUbdivi- sion, dedicating a public street in tbe City of Dubuque, Iowa, by Schilt. Development Corporation as Owner, tbereof; and Whereas said plat has been ex- amined by tbe City Planning and Zoning Commission and approved by said body; and Whereas upon said plat appears a street to be known as Owen Court. and also easements for pub- lic utilities which the Owner upon said plat has dedicated to the public forever: and Whereas said plat has been found by the City Council to con- form to the Statutes and Ordinan- ces relating tbereto: NOW THEREFORE. BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Tbat tbe dedication of Owen Court, together with the easements for public utilities all as same appears upon said plat; be and the same are hereby accepted and that said street be and is bereby establisbed as a pnblic street in the City of Dubuque; Section 2. Tbat tbe plat of street dedication in Lot 25, Block 4 Snn- set Park Subdivision in the City of Dubuque. Iowa is bereby approved and tbe Mayor and City Clerk are bereby authorized and directed t<> endorse tbe approval of tbe City of Dubuque upon said plat provided the Owner, of said prop- erty, hereinbefore named, execute written acceptance hereto attacb- ed, agreeing: a- To reduce Owen Court to grade as sbown by the profiles submit- ted with the plat- b. To surface Owen Court for a widtb of 30 feet with 6" Portland Cement Concrete. All tbe fore- going shall be constructed ac- cording to tbe latest City of Du- buque specifications. c. To install sidewalks on both sides òf Owen Court in accord- ance with tbe City of Dubuque Standard Specifications for Per- manent Sidewalks- d. To install water mains in ac- cordance with plans submitted with this plat. e. To install sanitary sewers in ac- cordance with plans submitted with this plat. f. To install tbe sanitary sewer and water bouse laterals for each building behind tbe property line. g. To construct tbe foregoing im- provements in accordance with plans and specifications approv- ed by the City Manager and un- der tbe inspection of the City Engineer. b. To maintain all street improve- ments and sewer and water mains for a period of four (4) years from the date of its accept- ance. L To construct said improvements prior to November 30, 1970. j. To provide the foregoing con- struction and maintenance at tbe expense of the Owner. and furtber provided that tbe Scbiltz Development Corporation as Owners of said Subdivision se- cure the performance of the fore- going Ĺ“nditions by providing security in sucb sums and witb such sureties as may be acceptable to tbe City Manager. Section 3. That in tbe event Schiltz Development Corporation sball fail to execute the accept- ance and provide security provided for in Section 2 bereof witbin for- ty-five (45) days from the date of this Resolution, tbe provisions hereof sball be null and void and the acceptance of the dedication Regnlar Session July 7, 1969 285 and Approval of the plat sball not be effective. Passed, adopted And approved by recorded roll call vote this 7th ~ of ,July, A.D., 1969. Walter A. Pregler Mayor Sylvester McCauley Merlin F. Schultz Donald R. Meyers Gaylord M. Coucbman Councilmen Attest: Leo F. Frommelt, CityC1erk To Leo F. Frommelt, City Clerk: II !!'his is to certify that the secor- ' ity required for the foregoing Reso- lution 171-69 has been provided hy the Owner. Dubuque, Iowa July 10, 1969. Gilbert D. Chavenelle, City Manager ACCEPTANCE OF RESOLUTION NO. 171-69 Schiltz Development Corporation baYing read tbe terms and condi- tions of the foregoing Resolution 171-69 and being familiar with tbecontents thereof, hereby ac- cepts tbe same IIDd 8gl'eeS to per- form the conditions therein requir- ed. SCHILTZ DEVELOPMENT CORPORATION .J. G- Schiltz, President L- .J. Schiltz. Secretary Date: .July 10, 1969. Councilman Coucbman moved adoption of the resolution. Second- ed by Mayor Pregler. Carried by tbe following vote: Yeas-Mayor Pregler, Council- men Conchman. Meyers, McCauley, Scbultz. Nays-None. RESOLUTION ND. 172-69 Accepting delivery of deeds for 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 entered into a Loan and Capital Grant Contract for the undertaking of the Downtown Urban Renewal Project, Iowa R-15; and WHEREAS, tbe City of Dubuque, pursuant to authorization and direction of said LÐan and Capital Grant Contract, has acquired for the public purpose of implement- ing and facilitating the Down- town 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 DU- BUQUE, IOWA: Section 1. That delivery of deeds to the City of Dubuque for the following described parcels of real estate in the Downtown Urban Re- newal Project, Iowa R-15 is hereby ratified and accepted by the City of Dubuque- Gr""tor Property Description Dunwreth Perkins Williams and Thelma Perkins Deed dated June 6, 1969. Recorded in Book 199, Page 353: The North one-third of Lot 67 in tbe City of Dubuque, Iowa, according to tbe United States Commissioners' Map of the Town (now City) of Dubu- que, Iowa (parcel 15-8) Section 2. That the recording "f the respective deeds of conveyance of title in the office of tbe Record- er in and for the Dubuque County, Iowa is hereby ratified. Section 3. That the Cit,y Clerk be and he is bereby authorized and directed to file a copy of tbis Reso- lution in the Office of the Record- er in and for Dubuque County, Iowa. Passed, approved and adopted tbis 7th day of July, 1969. Walter A. Pregler Mayor Sylvester McCauley Donald R. Meyers Gaylord M. Couc1nnan Attest: Leo F. Frommelt, City Clerk Councilman Meyers moved adop- tion of tbe resolution. Seconded by Mayor Pregler. Carried by tbe fol- lowing vote: Yeas-Mayor Pregler, Council- men Couchman. Meyers, McCauley. NaYS-Counci1man Schultz. RESOf..UTION NO. 173.69 WHEREAS, tbe geographical Jinûts and boundaries of the City of Dubuque have been expanded and enlarged thereby creating a marked development of residential areas, sbopping areas and business areas along the westerly boundary of tbe City of Dubuque, Iowa, and -~---- 286 Regnlar Session July 7, 1969 WHEREAS, the City of Dubuque, Iowa has only one retail State liquor outlet in tbe City, same be- ing located on Central Avenue in the City of Dubuque, Iowa, and WHEREAS, it would appear in the interests of conveinence that another retail State liquor outlet I should be located in the general area of the population, shopping and business growth in the wester- ly part of tbe City of Dubuque, Iowa, NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section I. That the Iowa Liquor Commission be and it bereby re- quested to locate a second retail State Liquor outlet in tbe City of Dubuque, Iowa, preferably in the area of the westerly part of tbe City which is presently under de- velopment for residential, shop- ping and commercial purposes in order to better serve tbe conven- ience of the populace of this com- munity. Passed, approved and adopted this 7th day of July, 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, Scbultz- Nays-None- July 3, 1969 Honorable Mayor and Members of the City Council Test Well No, I-Pump Installation Gentlemen: I wish to submit for your approv- al, the Preliminary Estimates, Plans and Specifications, Resolu- tion of Necessity, for your adop- tion. Also the ordering of Construc- tion, fixing tbe date of hearing, a resolution of necessity and notice -- to contractors for the receipt of bids. Yours very truly, Gilbert D. Chavenelle, City Manager Councilman Meyers moved that the communication be received and filed. Seconded by Mayor Pregler. Carried by tbe following vote: Yeas-Mayor Pregler, Council- men Couchman, Meyers, McCauley, Scbultz. Nays-None. RESOLUTION NO. 174-69 Preliminary Estimate and ap- proval of plans, specifications, form of contract and all other documents for the construction of Test Well No.1, Pump Installa- tion, at an estimated cost of $10,- 350.00, presented and read. Councilman Couchman moved adoption of the resolution. Sec- onded by Councilman Schultz. Carried by the following vote: Yeas-Mayor Pregler, Council- men Coucbman, Meyers, McCauley, Schultz. Nays-None- (Necessity for Improvement) RESOLUTION NO. 17U9 WHEREAS, proposed p I a n s, specifications, form of contract have been duly prepared and ap- proved by tbe City Council of the City of Dubuque and are now on file in the office of the City Clerk sbowing among otber things tbe following: 1. An estimate of tbe cost of tbe proposed improvement for the in- stallation Test Well No. I Pump Installation BE IT THEREFORE RESOLVED tbat tbe City Council on its own motion or upon petition of proper- ty owners, deems it advisable and necessary for the public welfare to make the bereinmentioned im- provement, and unless property owners at tbe time of the final consideration of this proposed resolution bave on file with the City Clerk objections to the amount of the cost of improve- ment, tbey shall be seemed to bave waived all objections tbere- to- Said improvement shall be con- structed and done in accordance witb tbe plans and specifications which bave been prepared there- fore by the City Engineer which Regnlar Session July 7, 1969 287 have been approved by the City Council and are now on file witb tbe City Clerk. That the cost and expense of making said improve- ment will be paid from tbe Water Works General Fund The above resolution was intro- duced, approved, and ordered plac- ed on file witb the City Clerk this 7th day of July, 1969. Approved and placed on file for final action. Approved: Walter A. Pregler Mayor Sylvester McCauley Merlin F. Schultz Donald R. Meyers Gaylord M. Coucbman Councilmen Attest: Leo F. Frommelt, City Clerk Councilman Meyers moved ap- proval of tbe resolution. Seconded by Mayor pregler- Carried by the following vote: Yeas - Mayor Pregler, Council- men Coucbman, Meyers, McCauley, Scbultz. Nays - None. (Ordering Construction) RESOLUTION NO. 176-69 BE IT RESOLVED BY THE CITY COUNUCIL OF THE CITY OF DUBUQUE tbat pursuant to a Resolution of Necessity No- 174-69 wbich was duly passed by this Council for tbe installation of Test Well No. I-Pump installation be and the same are bereby ordered and constructed by this Council up- on its own motion and with or witb- out tbe petition of property own- ers. All the work sball be con- structed in accordance with tbe plans and specifications heretofore adopted and now on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the cost and expense of the said improvement be paid from the Water Works General Fund BE IT FURTHER RESOLVED that the City Clerk be and he is hereby ordered and directed to ad- vertise for proposals for tbe con- struction of tbe various improve- ments herein provided for in the manner provided by law. BE IT FURTHER RESOLVED that this resolution being deemed urgent and of IMMEDIATE NECES- SITY sball be in force and effect from and after its passage and adoption by the City Council. Passed, adopted and approved tbis 7th day of July, 1969. Walter A. Pregler Mayor Sylvester McCauley Merlin F. Scbultz Donald R. Meyers Gaylord M- Coucbman Councilmen Attest: Leo F. Frommelt, City Clerk Councilman Couchman moved adoption of the resolution. Second- ed by Mayor Pregler. Carried by tbe following vote: Yeas - Mayor Pregler, Council- men Coucbman, Meyers, McCauley, Scbultz. Nays-None. (Fixing Date of Hearing) RESOLUTION NO. 177-69 WHEREAS, the City Council of the City of Dubuque, Iowa has giv- en its preliminary approval on the proposed plans, specifications, and form of contract and placed same on file in the office of tbe City, Clerk for public inspection for the installation of Test Well No. 1- Pump Installation. BE IT THEREFORE RESOLVED that on tbe 4th day of August, 1969 a public hearing will be held at 7:30 P.M. in the Council Cham- ber of the City of Dubuque at wbich time tbe objectors for tbe proposed improvement may appear and make objection to the propos- ed plans and specifications and proposed Í-Jrm of contract, to the cost of tbe improvement and the City Clerk be and he is hereby directed to cause a notice of the time and place of sucb hearing to be publisbed in some newspaper published in tbe City of Dubuque wbich shall be not less than ten (10) days prior to tbe day fixed for its consideration, and said Clerk is furtber instructed to ad- vertise for proposals for the con- struction of the aforementioned improvement. 288 Regular Session July 7, 1969 Passed, adopted and approved tIùs 7tb day of July, 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 Schultz. Carried by the following vote: Yeas - Mayor Pregler, Council- men Coucbman, Meyers, McCauley, Schultz. Nays-None. RESOLUTION NO. 17&.69 BE IT RESOLVED by tbe City Council of the City of Dubuque, Iowa, that the folIowing having complied with tbe provisions of law relating to the sale of Cigarettes within the City of Dubuque, Iowa, be granted a permit to sell Cigar- ettes and Cigarett.. Papers within said City. Ace Muffler Service, 1285 Dodge Street Crnso A. Alba, 2601 Jackson Street Mrs. Marian J. Bridge, 2038 Central Avenue Clyde L. Bradley, 3275 Central Av- enue Jeannette Brenner, 521 East 22nd Street Dubuque Marina, Inc_, New City Harbor Melville E. Donovan, 1876 Central Avenue William F. Dunne, 54 Locust Street Duane D- Deutmeyer, 1450 Loras Blvd. Eagles Club, 6th & Locust Street Eugene C. Evarts, 2678 Central Av- enue Victoria Ellis, 120 West 4th Street Leona R. Friedman, 620 East 16th Street lIIilton F. Fink, 3165 Central Av. enue Robert A. Freund, 805 West 5th Street Raphael W. Grant, 3050 Asbwcy Street Charles Golinvaux, 2323 Central Avenue Ben W. Greenwood, 897 Central Avenue Marco Giunta, 2022 Central Avenue William F. Haneock, 2205 Carter Road John F. Hall, 2616 Windsor Avenue Myril Healy, 205 Locust Street Iowa Commission for the Blind, Post Office Building Kissell Grocery, 611 University Av- enue Robert J- Kohl, 62 Locust Street Walter J. Kunnert, 4th & Locust Phillip Lang.., 1105 Luras Blvd. Loras ColIege, 1450 Alta Vista Jeanann Majerus, 253 Main Street Nortbern Drug Company, 651 Main Street Osco Drugs, Inc., 703 Main Street Harold Peterman, 2119 Rhomberg Avenue Arthur Pins, 2699 J. F. Kennedy Road Mrs. Doris Riekena, 301 Main Street Thomas J- Remy, 3355 Pennsylvan- ia Avenue Ioannis Sarris, 2600 Dodge Plaza 20 Shike Richardson, Inc-, Kennedy Road Mrs- George Scberer, 1187 Iowa Street Juditb A- Schiel, 2199 University Avenue Trausch Bakery, 25 Soutb Main Street Donald E. Wertz, 1545 S- Grand- view Avenue Louis J. Winkler, 625 Central Av- enne Cbuck N. Wong, 378 Main Street Eileen Wnnder, 1046 Central Av- enue Harold B. Welter, 534 Rhomberg Avenue Herbert Bisping, 1401 Elm Street Ralph Baumhover, 801 Rhomberg Avenue Maryel M. Birkett, 1064 University Avenue Carl Herburger, 2987 Jackson Street .1 Ricbard Hantelmann, 802 Main , Street II Lois M- Morarend, 700 East 16th Street i Max Rettenberger, 90 Soutb Locust Street W- 1'. Whit... l!l93 Asbury Street Beatrice Winkler, 1400 Central A,.. enue BE IT FUR'1'HER RESOLVED that the bonds filed witb the appli- cation be approved. Regular Session July 7, 1969 289 Passed, adopted and approved this 7th day of July, 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 tbe resolution- Seconded hy Councilman Schultz Carried by folIowing vote: Yeas-Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz- Nays-None. RESOLUTION NO. 179-69 WHEREAS, applications for Beer Permits bave been submitted to tbis Council for approval and the same bave been examined: NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, tbat the folIowing applica- tions be granted and licenses be issued upon the compliance with tbe terms of the ordinances of tbe City. CLASS "B" BEER PERMIT Mrs. Catherine Lester, 1322 Cen- tral Avenue CLASS "C" BEER PERMIT Eugene Evarts, 2678 Central Ave- nue Fred Weiner, 1101 White Street Passed, adopted and approved "I this 7th day of July, 1969- Walter A. Pregler Mayor Sylvester McCauley Merlin F. Scbultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Councilman Meyers moved adop- tion of tbe resolution. Seconded by Mayor Pregler. Carried' by tbe following vote: Yeas-Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays-None. RESOLUTION NO. 18G-59 WHEREAS, applications for Beer Permits were filed by the within named applicant, and tbey bave received tbe approval of this Coun- cil, and WHEREAS, th, premises to be occupied by such applicants were inspected and found to comply witb tbe ordinances of this City and they bave filed proper bonds; NOW THEREFORE, BE IT RE- SOLVED by tbe City Council of the City of Dubuque, Iowa, tbat the Manager be and he is bereby directed to issne to tbe following named applicants a Beer Permit. CLASS "B" BEER PERMIT Mrs. Catberine Lester, 1322 Cen- tral Avenue CLASS "C" BEER PERMIT Eugene Evarts, 2678 Central Ave- nue Fred Weiner, 1105 Wbite Street BE IT FURTHER RESOLVED tbat tbe bonds filed by such appli. cants be and tbe same are hereby approved. Passed, adopted and approved tbis 7th day of July, 1969. Walter A. Pregler Mayor Sylvester McCauley Merlin F. Scbultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Councilman Meyers moved adop- tion of tbe resolntion. Seconded by Mayor Pregler. Carried by tbe fol- lowing vote: Yeas-Mayor Pregler, Council- man Coucbman, Meyers, McCauley, Schultz. Nays-None. RESOLUTION NO. 181-69 WHEREAS applications for Liquor Permits bave been sub- mitted to ibis Council for approval and the same bave been examined. NOW THEREFORE BE IT RE- SOLVED, by the City Council of the City of Dubuque, Iowa, tbat -- 290 Regnlar Session July 7, 1969 tbe following applications be grant- ed and licenses issued upon the compliance with the terms of tbe IOWA LIQUOR CONTROL ACT- CHAPTER 123-as amended by tbe 60tb General Assembly, 1963. CLASS "C" COMMERCIAL ESTABLISHMENT Creslanes Bowling, Inc., 255 South Main Street Elizabetb Mae Krajnovich, 239 West 6th Street Marcella McCarty, 2093 Washing- ton Street Russell E. Myers, 1618 Central Ave- nue Kenneth Jerome Love, 802 Central Avenue Passed, adopted and approved this 7th day of July, 1969. Walter A. Pregler Mayor Sylvester McCauley Merlin F. Scbultz 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 Coucbman, Meyers, McCauley, Schultz. Nays-None. RESOLUTION NO. 182-69 WHEREAS, applications for Liquor Permits were filed by the within named applicants and they have received tbe approval of this Council, and WHEREAS, the premises to be occupied by sucb applicants were inspected and found to comply witb the State Law and all City ordinances relevant thereto and they have filed proper bonds; NOW THEREFORE BE IT RE- SOLVED by the City Council of Dubuque, Iowa, that the Manager be autborized to cause to be issued to the following named applicants a Liquor Permit. CLASS "C" COMMERCIAL ESTABLISHMENT Creslanes Bowling, Inc., 255 Soutb Main Street Elizabeth Mae Krajnovicb, 239 West 6th Street Marcella McCarty, 2093 Washing- ton Street Russell E. Myers, 1618 Central Ave- nue Kenneth Jerome Love, 802 Central Avenue Passed, adopted and approved this 7th day of July, 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 tbe resolution. Seconded by Mayor Pregler. Carried by the fol- lowing vote: Yeas-Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays-None. Mr. Michael Remakel of 1380 Reeder Street addressed the Coun- cil relative to tbe washout of the alley to tbe rear of Del Farm Stores, off Dodge street. The park- ing lot is disappearing. Tbe alley has wasbed away up to four to five feet. He suggested that the prop- erty owner be required to con- struct a retaining wall. Micbael McDevitt and Carl Mc- Carthy, residents on Keymeer Drive complained about the sew- age backup in their basements- They claimed that the creek comes up to the rear of their properties and puts sewage in the basement of their homes. They were advised that everything possible is being done from the City's standpoint to relieve and eventually remedy tbe situation. Tbere being no further business Mayor Pregler moved to adjourn. Seconded by Councilman Coucb- Regnlar Session JuJy 7, 1969 man. Carried by the following vote: Yeas-Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays-None- Leo F. Frommelt City Clerk 291 Approved ....................................1969 Adopted ..................-........-..........1969 ....................-..-"....-..................-.......... Councilmen Attest: "-""'ëï¡ÿ"ci~~k:""""""""""" Special Session July 21, 1969 293 Special Session July 21, 1969 ended December 31, 1968 prepared by the firm, O'Connor, Brooks Ahrendt & Brooks, Certified Publi~ Accountants. OFFICIAL Respectfully, Special Session, July 21, 1969. Gilbert D- Chavenelle Council met at 7:30 P.M. (D.S.T.) City Manager . Present-Mayor Preg"r, Coun- Councilman Meyers moved tbat c,.lmen Couchman: Meyers, Schultz. the audit report be received and City Manager GIlbert D. Chave. IDed. Seconded by Mayor Pregler. nella. Carried by tbe following vote: Absent;-Councilman McCauley Yeas-Mayor Pregler, CoUIlCil- (out 01 CIty) man Couchman, Meyers, Schultz. Mayor Pregler read the call and Nays-None stated tbat service thereof bad Absent--C ~n il a M C I been duly made and this meeting 0 c m n c au ey. ~s..alled for tbo ~urpose of author- July 17 1969 mng the execullon 01 a contract ' with Barton.Aschman Associates, Tbe Honorable Mayor an~ Inc" lor linal design and prepara. City CouncIl tion 01 construction plans, specili. - . . Gentlemen: cations, and contract documents lor This 15 to advIse that I have ap- the Main Street Pedestrianway, proved tbe following bonds and Downtown Urban Renewal P.roject policy and deSIre to bave your Iowa R-15, and acting upon such approval on ßame. other business as may properly come before a regular meeting of COMPREHENSIVE LIABILITY the City Council. Ken Schromen, Bituminous Casu- alty Corporation July 14. 1969 To tbe Honorable Mayor SIDEWALK and City Council James G. Becker, Western Surety Gentlemen: Co- I submit to you the petition of Earl Dennis Driscoll, Mercbants Stanley Habn for a permit witbout Mutual Bonding Co- fee, to sell potatoes within tbe Merlin Goerdt, d/b/a Goerdt Ex- corporate limits. cavating, Mercbants M u t u a I In the past this permit bas been Bonding Co. granted because of Mr. Hahn's Tri-State Paving Co., Hawkeye- service connected disability. I Security Insurance Co- "ecommend that it be renewed un- Cletus Palm, Merchants Mutual der Section 16, Ordinance 54-55 for Bonding Co- the period ending December 31, Vern J. Simon. Western Surety 1969. Company Respectfully submitted, Gilbert D. Cbavenelle City Manager Councilman Meyers moved tbat the recommendation of the Man- ager be approved. Seconded by Councilman Couchman. Carried by the following vote: I Yeas-Mayor Pregler, Council- men Couchman, Meyers, Schultz. Nays-None. Absent-Councilman McCauley. July 9, 1969 To the Honorable Mayor and City Council Gentlemen: I herewith submit the audit of the City of Dubuque for tbe year 292 buque, Iowa filed claim against the City of Dubuque in the amount of $5.00. I have examined the claim and bave conferred with Mr. Richmond and bave made three visits to the actual site to determine the place wbere said incident allegedly occurred- I am of tbe opinion that said condition occurred on the higb- way right-of-way and said claim should be asserted against the Iowa Higbway Commission. Original claim is returned bere- witb. an average of 70% or better. Molid, Robert J., 72% Respectfully submitted, Louis F. Fautscb Chairman Gerard B. Noonan Civil Service Commission CITY COUNCIL Attest: Leo F. Frommelt Clerk Subscribed and sworn to before me tbis 21st day of July 1969- Eugene J. Berens Notary Public Councilman Meyers moved that tbe communication be received and made a matter of record. Seconded by Councilman Schultz. Carried by the following vote: Yeas-Mayor Pregler, Council- men Couchman, Meyers, Schultz. Nays-None. Absent-Councilman McCauley- Respectfully submitted, R. N. Russo City Attorney Mayor Pregler moved approval of tbe City Attorney's recommend- ation. Seconded by Councilman Couchman. Carried by tbe follow- ing vote: Yeas-Mayor Pregler, Council- men Coucbman, Meyers, Schultz. Nays-None. Absent-Councilman McCauley- July 18, 1969 To the Honorable Mayor and Members of the City Council Gentlemen: In accordance with tbe provi- sions of Cbapter 365 of the Code of Iowa 1966, tbe Civil Service Commission conducted promotion- al examinations on July 2, 1969 and July 15, 1969, for members of tbe FIRE DEPARTMENT interested in promotion to Captain, Lieutenant and Fire Marshall. Tbe following named persons pa"ed tbe exams with an aver- age of 70% or better, and all pro- motions on tbe Fire Department sbould be made from this list. CAPTAINS None LIEUTENANTS Ruden, Richard W. 72_8% MARSHALL None Respectfully submitted, Louis F. Fautsch Cbairman Gerard B. Noonan LeRoy H. Giles Civil Service Commission Communication of Caroline T. Menke conveying appreciation of token allowance in settlement of her personal injury claim in the amount of $500. but sbe now feels tbe settlement should bave been for $1000, due to additional pain and suffering, presented and read- Mayor Pregler moved that the communication be received and filed upon advice of the City At- torney. Seconded by Councilman Couchman. Carried by tbe follow- ing vote: Yeas-Mayor Pregler, Council- men Couchman, Meyers, Schultz. Nays-None- Absent-Councilman McCauley. RespectfullY, Gilbert D- Chavenelle City Manager Mayor Pregler moved tbat tbe policy and bonds be filed subject to approval of the City Solicitor. Seconded by Councilman Meyers. Carried by the following vote: Yeas-Mayor Pregler, Council- men Couchman, Meyers, Schultz. Nays-None. Absent-Councilman McCauley. July 15, 1969 Mayor and City Council Gentlemen: On June 4, 1969, Tbomas L. Rich- mond of 1895 Floraview Drive, Du- July 21, 1969 To the Honorable Mayor and Members of tbe City Council Gentlemen: In accordance with tbe provi- sions of Cbapter 365 of tbe 1966 Code of Iowa, the Civil Service Commission conducted examina- tions for the position of Water Plant Operator, on July 15, 1969. The following named person passed the written examination out of a Ust of nine candidates, witb Attest: Leo F. Frommelt Clerk Subscribed and sworn to before me this 18tb day of July 1969. Eugene J. Berens Notary Public Councilman Meyers moved tbat tbe communication be received and 294 Special Session July 21, 1969 Special Session July 21, 1969 295 made a matter of record. Seconded! by Councilman Schultz. Carried by tbe following vote: Yeas-Mayor Pregler, Council- men Couchman, Meyers, Scbultz. Nays-None. Absent-Councilman McCauley. July 21, 1969 To the Honorable Mayor and Members of the City Council Re: In-Grade Promotional Exams-Police Con- ducted July 15, 1969. Gentlemen: In accordance witb the pro- visions of Chapter 365 of the 1966 Code of Iowa, tbe Civil Service Commission conducted examina- tions for Master Patrolman, for tbe Police Department. Tbe Promo- tional examinations is officially entitled Police In-Grade Promo- tional. The following bave passed tbe written examinations with an av- erage of 70% or better. FIRST TEN WITH HIGHEST STANDING Mauss, John J-, 87.2% Zimmerman, Paul J. 82.4% Gibson, William J. 80 % Oswald, Cyril W. 79.2% Hynes, James C- 78_4% Lambert, Terrance F. 78.4% Stevens, John D. 77.6% Koerperich, Ronald L. T. 77.6% Miller, James W. 76.8% ""Lehman, Eugene J. 75.2% RESERVE LIST ""Sjobakken, Gerald M. Hirsch, Gerald L. LIndauer, Edwin L. Palen, Louis C. Cigrand, Ralpb R. Golinvaux, Cletus J. UNote tie score. Louis F. Fautscb Cbairman Gerard B. Noonan Civil Service Commission 75.2% 73.6% 73_6% 71.2% 70.4% 70_4% Attest: Leo F. Frommelt Clerk Subscribed and sworn to before me this 21st day of July 1969. Eugene J. Berens Notary Public Councilman Meyers moved tbat the communication be received and made a matter of record. Second- ed by Councilman Schultz- Carried by the following vote: Yeas:-Mayor Pregler, Council- men Couchman, Meyers, Schultz. Nays None. Absent-Councilman McCauley. Petition of United Fund of Du- buque Inc. requesting $5000. sup- port for the Planning function of the United Fund for 1970, present- ed and read- Councilman Couchman moved tbat the petition be referred to the City Manager. Seconded by Mayor Pregler. Carried by tbe fol- lowing vote: Yeas-Mayor Pregler, Council- men Coucbman, Meyers, Schultz. Nays-None- Absent-Councilman McCauley. Petition of A. J- Rooney of the United Transportation Union again requesting cutting of weeds and brush along the Milwaukee tracks witb a supporting communication expressing tbanks for tbe effort extended tbus far, presented and read. Councilman Scbultz moved tbat the communications be re- ceived and filed. Seconded by Mayor Pregler. Carried by the fol- lowing vote: Yeas-Mayor Pregler, Council- men Coucbman, Meyers, Schultz. Nays-None. Absent-Councilman McCauley. Petition of Peoples Natural Gas requesting permission to excavate at 303 Clarke Drive to repair a leaking service line, presented and read. Mayor Pregler moved tbat the petition be granted. Seconded by Councilman Meyers. Carried by tbe following vote: Yeas-Mayor Pregler, Council- men Couchman, Meyers, Scbultz. Nays-None. Absent-Councilman McCauley. Petition of Conlon Construction Co. requesting permission to ex- cavate in the alley to the rear of tbe American Trust & Savings bank building between 8th and 9th streets, presented and read- Councilman Meyers moved that the petition be approved subject to ap- proval of the Engineering depart- ment. Seconded by Councilman Couchman. Carried by tbe follow. ing vote: Yeas-Mayor Pregler, Council. men Couchman, Meyers, Schultz- Nays-None. Absent-Councilman McCauley. Petition of Amvets Auxmary Post No.3 requesting permission to conduct a White Clover Sale on August 8tb and 9th, 1969, presented and read. Mayor Pregler moved tbat the petition be approved and referred to tbe City Manager. Seconded by Councilman Meyers. Carried by the following vote: Yeas-Mayor Pregler, Council- men Couchman, Meyers, Schultz. Nays-None. Absent-Councilman McCauley. Petition of John Cavanaugh re- questing a refund of $125. on the unexpired portion of Class C Liquor License No. C-3458, pre- sented and read. Mayor Pregler moved that the refund be granted and the Auditor instructed to issue proper warrant. Seconded by Councilman Schultz- Carried by tbe following vote: Yeas-Mayor Pregler, Council- men Couchman, Meyers, Scbultz. Nays-None. Absent-Councilman McCauley. Extract From the Minutes of a Special Meeting of the City Council of the City of Du. buque, Iowa, held on July 21, 1969 The following Resolution was in- troduced by Councilman Coucb- man, read in full and considered; seconded by Mayor Pregler. On roll call the vote was: Yeas- Mayor Pregler, Councilmen Couch- man, Meyers, Schultz- Nays-None- Absent-Councilman McCauley. RESOLUTION NO. 183-<19 Resolution adopting and approv. Ing the execution of an first amendment to grant agreement from the area manager, Kansas City area of the Federal Avla. tion Administration for the United States of America to the City of Dubuque, Iowa, for the purpose of increasing the grant amount to cover increased proj- , ect costs, under Project No. 9-13. I 020-C710. BE IT RESOLVED by the City Council of the City of Dubuque, Iowa: Section I. Tbat the city of Du- buque, Iowa, shall for tbe purpose of obtaining federal aid in the de- velopment of tbe Dubuque Muni- cipal Airport, enter into a Grant Agreement witb the United States of America by executing an accept- ance of a Grant Offer from tbe Federal Aviation Administration, acting for tbe United States of America, to tbe City of Dubuque, and that such Grant Offer shall be set forth hereinbelow under Section 4- Section 2. The City of Dubuque, Iowa, does bereby ratify and adopt all statements, representations, warranties, convenants, and agree- ments contained in the Project Ap- plication and in tbe nondiscrimi- nation assurances incorporated in the said Grant Offer. Section 3. That tbe Airport Com- mission of tbe City of Dnbuque, acting tbrough its officer or offi- cers designated by it to so act, is hereby autborized and directed to execute tbe acceptance of said Grant Offer on bebalf of the City of Dubuque, Iowa- Section 4. Tbat the Grant Offer referred to hereinabove shall be as follows: FIRST AMENDMENT TO GRANT AGREEMENT Dubuque Municipal Airport Dubuque, Iowa Project No- 9-13-020-C710 Contract No. FA-67-CE-4808 WHERKAS, tbe Federal Avia- tion Administration (hereinafter referred to as tbe "FAA"), bas de- termined tbat, in the interest of tbe United States, tbe Grant Agree- ment relating to the above-num- bered project between the Feder- al Aviation Agency (predecessor in authority and responsibmty to the said Federal Aviation Administra- tion), acting for and on bebalf of tbe United States, and tbe City of Dubuque, Iowa, (bereinafter re- ferred to as tbe "Sponsor"), ac- cepted by tbe Sponsor on 28 June 1967, should be amended as bere- inafter provided, and WHEREAS, it has been deter- mined necessary to increase the maximum obligation of the United States payable under this project from $201,215-00 to $202,459.80 to cover costs whicb were higher than originally estimated. NOW, THEREFORE, WITNESS- ETH: That in consideration of the benefits to accrue to the parties hereto, the FAA, on the one part, and the Sponsor, on tbe other part, do bereby mutually agree that tbe 296 Special Session July 21, 1969 said Grant Agreement be and bereby is amended by deletion of the amount $201,215.00, as it ap- pears in Paragraph 1, Page 2 of the Grant Agreement, and substitution in lieu thereof the amount of $202,459.80. IN WITNESS WHEREOF, the parties hereto bave caused tbis First Amendment to Grant Agree- ment to be executed- United States of America Federal Aviation Administration By: John E. Shaw Acting Area Manager, Kansas City Area (SEAL) Dated at Dubuque, Iowa this 21st day of Jnly, 1969. By: Walter A. Pregler Mayor Attest: Leo F. Frommelt City Clerk Councilman Couchman moved adoption of tbe resolution. Second- ed by Mayor Pregler. Carried by I tbe following vote: I Yeas-Mayor Pregler, Council- men Couchman, Meyers, Scbultz. Nays-None. Absent-Councilman McCauley. Communication of Dubuque Mu- nicipal Airport stating that it is recommended by FAA. to strengthen runway 13-31 witb a 3 inch layer of aspbalt at an esti- mated cost of $200,000;-$100,000 to be borne by F.A.A. and $100,000 matching fund by the City, witb work commencing in 1969, pre- sented and read. Mayor Pregler moved that the communication be referred to the Council and in- structed tbe Clerk to contact the Cbairman of the Airport Commis- sion and tbat tbey be requested to address tbe Council after tbey have contacted the Manager. Seconded by Councilman Meyers. Carried by tbe following vote: Yeas-Mayor Pregler, Council- men Couchman, Meyers, Schultz. Nays-None. Absent-Councilman McCauley. RESOLUTION NO. 18~9 Authorizing the execution of a contract with Barton-Aschman Associates, Inc. for final design end preparation of construction plans, _cfiications, and contract documents for the Main Street Pedestrianway, 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 tbe undertaking of the Downtown Urban Renewal Project, Iowa R-15; and WHEREAS, under date of May 6, 1968, Barton-Aschman Associ- ates, Inc. were retained to provide A. Survey and Preparation of Base Map Material and B. Preliminary Construction Design and Cost Estimates for the Downtown Urban Renewal Project Main Street Pe- destrianway; and WHEREAS, such services bave been completed and the City of Dubuque desires to continue the services of Barton-Aschman Asso- ciates, Inc. to implement the Main Street Pedestrianway; now there- fore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DU- BUQUE, IOWA: Section I. That the City Man- ager be and he is hereby author- ized and directed to enter into a contract with Barton-Aschman As- sociates, Inc. for the following services in connection with the Main Street Pedestrianway for the Downtown Urban Renewal Project, Iowa R-15 at a total cost not to exceed $118,500. A. Final Design and Prepara- tion of Construction Plans, Specüications, and Contract Documents. B. Additional Services on an "as directed basis". 1. Rehabilitation and aband- onment designs of sub- spaces located in public rights-of-way. 2. Development of promo- tional materials and spe- cial presentations. 3. Review of and develop- ment of recommendations on redevelopment pro- posals involving the Main Street Pedestrian way and/or its linkages. 4. Locating and tagging ap- propriate materials and other special features, prior to beginning of or in connection with coD- struction phase services. Special Session July 21, 1969 297 Passed, approved and adopted tbis 21st day of July, 1969 Walter A. Pregler Mayor Donald R. Meyers Gaylord M. Couchman Councilmen tbe Town (now City) of Du- buque, Iowa, according to the United States Commissioners' Plat of the Town of Dubuque, Iowa. (Parcel 2-2) George R. Burden and Richard Bernard Wathen, Trustees; Rob- ert B. Lange, The First Na- tional Bank, and an unnamed trustee, Trustees; George Rider Burden, The Middie one-third ('k) of Lot 31 in the Town (now City) of Dubuque, Iowa accord- ing to the United States Com- missioners' Map of tbe Survey of Dubuque, Iowa- (parcel 2-5) Susan Eisbach, Northerly One- : balf ('k) of Lot 251 in the Town (now City) of Dubuque, Iowa, according to tbe United States Commissioners' Map of the sur- vey of the Town of Dubuque. (Parcel 4-12) John Glynn, Lots 246 and 247 in the Town (now City) of Du- buque, Iowa, according to the United States Commissioners' Map of the Survey of said Town of Dubuque, Iowa. (Parcel 7-8) Ricbard J. Cross and Arthur D. Cross, Lot 2 of the Subdivision of the Nortberly one-balf of City Lot 22 in the City of Dubuque, Iowa, according to the Plat thereof in Book of Plats No. 21, Page 209, in records of Dubuque County, Iowa- (Parcel 8-5) Ann Ryan North, Richard J. Cross and Artbur D. Cross, Tbe South- erly One-half of City Lot 22, in the City of Dubuque, Iowa ac- cording to the Plat thereof, in Book of Plats No. 21, Page 209, records of Dubuque County, Iowa. (parcel 8-6) Dorotby Bray, Tbe Nortb 20 feet of Lot 21 in the Town (now City) of Dubuque, Iowa, accord- ing to tbe United States Com- missioners' Plat of the Town of Dubuque, Iowa. (parcel 8-7) John A- Nagle, the South 44 feet of Lot 21 in tbe Town, now City, of Dubuque, Iowa according to the United States Commission- ers' Plat of said Town of Du- buque. (Parcel 8-8) Dubuque Tbeater Corporation, The Southerly 63 feet 7 incbes of Lot 28 in the City of Dubuque, Iowa, according to tbe United States Commissioners' Map of tbe Town (now City) of Du- buque, Iowa. (Parcel 15-5) Attest: Leo F- Frommelt City Clerk Mayor Pregler moved adoption of the resolution. Seconded by Councitman Coucbman. Carried by tbe following vote: Yeas-Mayor Pregler, Council- men Couchman, Meyers- Nays-Councilman Scbultz- Absent-Councilman McCauley. RESOLUTION NO. 185-69 Authorizing the condemnation of certain parcels of real estate in the Downtown Urben Renewal Project Iowa R.15 WHEBEAS, under date of July 26, 1967, tbe City of Dubuque and tbe United States of America en- tered into a Loan and Capital Grant Contract for the undertak- ing of tbe Downtown Urban Re- newal Project, Iowa R-15; and WHEREAS, the City of Dubuque pursuant to sucb contract and to implement the Urban Renewal Plan for the Project Area deems it necessary and in the public in- terest tbat the property herein- after described be acquired; and WHEREAS, all attempts by tbe Department of Urban Renewal of the City of Dubuque to negotiate with tbe owners for the purchase of the following described prop- erty bave failed; now tberefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DU- BUQUE, IOWA Section I. That the following de- scribed real estate owned by the persons indicated, be and the same sbould be acquired to implement the Urban Renewal Plan for tbe Downtown Urban Renewal Project, Iowa R-15. Owner Property Description Violet Butt Wells, The Easterly (sometimes called East) One- Half ('k) of Lot 254 in fue City of Dubuque, Iowa.. according to tbe United States Commission- ers' Map of the Town of Du- buque. Iowa (parcel 1-6) Adams Realty Corporation, The Nortberly 34 feet of Lot 32 in I Special Session July 21, 1969 Section 2. That tbe Director of ule dated July 15, 1969 attached the Department of Urban Renewal bereto is hereby in all respects for the City of Dubuue, Iowa, be approved. and be is hereby directed to cau_se Section 2. Tbat the Director of condemnation proceedmgs be In- Urban Renewal be and he is here- stitu~ed as. is provided by la~ to by authorized and directed to sub- acqwre saId real estate he~emb~- mit such Schedule of Fixed Relo- fore descrIbed, and tbe saId Dl- cation Payments to the Depart- rector of _tbe Department.of Urban ment of Housing and Urhan Devel- Renewal IS hereby autbortzed to do opment for their approval, and to any .a~d all thmgs necessary ~nd provide sucb additional informa- requlSlt~ to such condemnatlOn tion and to furnish such docu- proceedmgs- ments as may be required to sup- Passed, approved and adopted port said schedule. this 21st day of July, 1969. Passed, approved and adopted Walter -t;;~~gler this 21st day of July, 1969. Donald R. Meyers Walter A. Pregler Gaylord M. Couchman Mayor Councilmen Donald R. Meyers Attest: Gaylord M- Couc~man Leo F- Frommelt, CouncIlmen City Clerk Attest: Mayor Pregler moved adoption Leo. F. Frommelt, of the resolution. Seconded by CIty Clerk Councilman Meyers. Carried by tbe Councilman Couchman moved following vote: - adoption of tbe resolution. Second- Yeas - Mayor Pregler, Councll- ed by Councilman Meyers. Carried men Coucbman, .Meyers- by the following vote: ~~yS t ~~u:,l~~n S:>g~~ley. Yeas - Mayor Pregler, Council- sen 0 Cl an c men Couchman, Meyers. RESOLUTUION NO. 186-69 Nays - Councilman Schultz. Amending the Fixed Relocation Absent - Councilman McCauley- Payments Schedule for the Downtown Urban Renewal Pro. CITY OF DUBUQUE, IOWA lect, Iowa R.IS IOWA R.IS WHEREAS under date of July SCHEDULE OF 26, 1967, the City of Dubuque, FIXED RELOCATION PAYMENT!! Iowa and the United States of July 15, 19611 Ame~ica entered into a Loan and For Families or Individuals W"" Capital Grant Contract for tbe un- Furniture dertaking of the Downtown Urban One Room $ 36.00 Renewal Project, Iowa, R-15; and Two Rooms 54.00 WHEREAS, under date of May Three Rooms 72.00 18, 1967, the City Council of tbe Four Rooms 90.00 City of Dubuque, Iowa, adopted Five Rooms 108.00 Resolution No. 124-67 whicb set Six Rooms 126.00 forth the conditions under wbich For Families Without Furni- relocation payments will be made ture 10.00 for the Downtown Urban Renewal For Individuals Without Project, Iowa R-15; and Furniture 5.00 WHEREAS, due to passage of Computation Based on Moving time and the increase in moving Company Estimates costs, the Fixed Relocation Pay- Travel Time From Office ments Schedule approved by Reso- to Residence 20 minutes lution 124-67 is obsolete and does Time Per Room (Loading not adequately represent present & Unloading) 60 minutes moving costs; now tberefore Travel Time from Resi- BE IT RESOLVED BY THE dence to Residence 20 minutes COUNCIL OF THE CITY OF DU- Travel Time from Resi- BUQUE, IOWA: dence to Office 20 minutes Section I. That the Scbedule of - Fixed Relocation Payments Sched- TOTAL 2 hours 298 Special Session July 21, 1969 Rate Per Hour-Two Men and Van $18.00 Fixed Payment For One Room- 2 hours x $18.00=$36.00 Add $18.00 Per Room For More Than One Room Note: Total of Five Local Residen- tial Movers Available Tbree Movers-$18.00 per hour Two Movers -$20.00 per hour Travel Time Based on Experience With 67 Residential Moves. Proof of Publication, certified to by tbe publisber, of invitation for bids for demolition of buildings for tbe Downtown Urban Renewal Project Iowa R-15 consisting of ap- proximately 24 major buildings and otber improvements, presented and read. No written objections were filed and no oral objectors were pres- ent in the Council Cbamber at tbe time set for the public hearing. Councilman Meyers moved tbat the proof of publication be received and filed. Seconded by Mayor Pregler. Carried by the following vote: Yeas - Mayor Pregler, Council- men Couchman, Meyers. Nays - Councilman Schultz. Absent - Councilman McCauley. RESOLUTION NO. 187-69 Preliminary Estimate and ap- proval of plans, specifications, form of contract, plat and all otb- er documents for tbe construc- tion of 1969 Concrete Paving Pro- ject with Integral Curb No.1, in an estimated amount of $147,183.- 14, for tbe improving of Fifth street from the west curb line of Central Avenue to the east curb line of Locust Street, and Ninth Street from the west curb line of Blnff Street westerly tbrough and including the intersection of Hill Street, University Avenue and Eigbth Street, presented and read. Mayor Pregler moved adoption of the resolution. Seconded by Councilman Coucbman. Carried by tbe following vote: Yeas - Mayor Pregler, Conncil- men Couchman, Meyers. Nays - Councilman Scbultz- Absent - Councilman McCauley. (Necasslty for Improvement) RESOLUTION NO. 188.69 WHEREAS, proposed plans, spe- cifications, form of contract bave 299 been duly prepared and approved by tbe City Council of tbe City of Dubuque and are now on file in the office of tbe City Clerk show- ing among otber tbings tbe fol- lowing: 1. An estimate of tbe cost of tbe proposed improvement for the 1969 Concrete Paving Project with Integral Curb No.1. 1. Fifth Street-from the approxi- mate west curb-line of Central Avenue to the ap- proximate east curb-line of Locust Street. 2. Ninth Street-from the approxi- mate west curb-line of B I u f f Street westerly through and including tbe complete intersection of Hill Street, University Avenue and Eightb Street. BE IT THEREFORE RESOLVED tbat the City Council on its own motion or upon petition of prop- erty owners, deems it advisable and necessary for tbe public welfare to make tbe hereinmentioned im- provement, and unless property owners at tbe time of tbe final consideration of this proposed resolution bave on file with the City Clerk objections to the amount of the cost of improvement, they sball be seemed to have waived all objections thereto. Said improvement shall be con- structed an done in accordance witb tbe plans and specifications whicb bave been prepared tbere- fore by the City Engineer whicb bave been approved by the City Council and are now on file with tbe City Clerk Tbat tbe cost and expense of making said improve- ment will be paid from tbe Road Use Tax Fund and tbe Utilities Fund- The above resolution was in- troduced, approved, and ordered placed on file with tbe City Clerk tbis 21st day of July, 1969- Approved and placed on file for final action. APPROVED: Walter A. Pregler Mayor Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk 300 Special Session July 21, 1969 (Fixing Date of Hearing) RESOLUTION NO. 190-69 WHEREAS, the City Council of the City of Dubuque, Iowa, has given its preliminary approval on the proposed plans, specifications, and form of contract and placed same on file in the office of tbe City Clerk for public inspection for tbe 1969 Concrete Paving Proj- ect witb Integral Curb No.1. BE IT THEREFORE RESOLVED that on tbe 11th day of August, 1969 a public bearing will be beld at 7:30 P_M- in tbe Council Cham- ber of the City of Duhuque at whicb time the objectors for the proposed improvement may appear and make objection to the proposed plans and specifications and pro- posed form of contract, to the cost of the improvement and the City Clerk be and be is bereby directed to cause a notice of tbe time and place of such bearing to be pub- lished in some newspaper pub- lished in the City of Dubuque whicb shall be not less tban ten (10) days prior to the day fixed for its consideration, and said Clerk is further instructed to ad- vertise for proposals for tbe con- struction of tbe aforementioned improvement. Passed, adopted and approved tbis 21st day of July, 1969. Walter A. Pregler Mayor Donald R. Meyers Gaylord M- Couchman Councilmen Councilman Meyers moved ap- proval of the resolution. Seconded by Councilman Meyers. Carried by the following vote: Yeas-Mayor Pregler, Council- men Coucbman, Meyers. Nays-Councilman Scbultz. Absent-Councilman McCauley. (Ordering Construction) RESOLUTION NO. 189-69 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE that pursuant to a Reso- lution of Necessity No. 188-69 whicb was duly passed by tbis Council for tbe 1969 Concrete Pav- ing Project witb Integral Curb No. 1. be and the same are bereby ordered and constructed by this Council upon its own motion and witb or witbout tbe petition of property owners. All the work shall be constructed in accordance with tbe plans and specifications beretofore adopted and now on file in tbe office of tbe City Clerk. BE IT FURTHER RESOLVED tbat the cost and expense of tbe said improvement be paid from the Road Use Tax Fund and tbe Utilities Fund. BE IT FURTHER RESOLVED that tbe City Clerk be and he is hereby ordered and directed to ad- vertise for proposals for the con- struction of tbe various improve- ments herein provided for in tbe manner provided by law. BE IT FURTHER RESOLVED ~~~~~~i~n~es~~u~~~~~T~e~~~~ Attest: ESSITY sball be in force and Leo.F. Frommelt effect from and after its passage CIty Clerk . and adoption by the City Council. Mayor Pregle! moved adoption of the resolutIon. Seconded by Passed, adopted and approved Councilman Couchman- Carried by this 21st day of July, 1969. tbe following vote: Walter A. Pregler Yeas-Mayor Pregler, Council- Mayor men Couchman, Meyers. Donald R Meyers Nays--Councilman Schultz. Gaylord M. Couchman Absent-Councilman McCauley. Councilmen RESOLUTION NO. 191-69 At~~:F Frommelt BE IT RESOLVED by the City City Clerk Council of the City of Dubuque, Iowa, tbat the following bave com- Councilman Couchman moved plied with the provisions of law adoption of tbe resolution. Second- relating to the sale of Cigarettes ed by Mayor Pregler. Carried by within the City of Dubuque, Iowa, the following vote: be granted a permit to sell Cigar- Yeas-Mayor Pregler, Council- ettes and Cigarette Papers within men Couchman, Meyers. said City. Nays-Councilman Scbultz. Howard F. McCauley, 2195 Central Absent-Councilman McCauley. Avenue Mayor Pregler move" adoption of the resolution. Seconded by Councilman Coucbman. Carried by the following vote: Yeas-Mayor Pregler, Council- men Couchman, Meyers, Scbultz. Nays-None. Abse¡¡t-Councilman McCauley. RESOLUTION NO. 193-69. WHEREAS, "Pplications for Beer Permits haV<J been submitted to tbis Council for approval and UIe same have been examined: NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, tbat the following applica. tions be granted and licenses be issued upon tbe Ĺ“mpliance with the terms of tbe ordinances of tbe City- CLASS "B" BEER PERMIT Karen Heeren, 1091 Main Street (Effective Aug. 1, 1969) Donna Rezac, 115 East 2200 Street Passed, adopted and approved this '21st day of July, 1969. Walter A. Pregler Mayor Merlin F.Schultz Donald R. Meyers Gaylord M. Couchman eoo- Attest : Leo F- Frommelt City Clerk Mayor Pregler moved adoption of the resolution. Seconded by Coun- cilmaJ:l Couchman. Carried by the following vote: Yeas-Mayor Pregler, Council- man Couchman, Meyers, Scbultz. Nays-None. Absent-Councilman McCauley. RESOLUTION NO. 19-U9 WHEREAS, applications for Li- quor Permits have been submitted to this Council for approval and the same have been examined, NOW mEREFORE BE IT RE- SOLVED, by !be City Council of the City of Dubuque, Iowa, that tbe following .applications be granted and licenses issued upon the compIiuoe with the terms of the IOWA LIQUOR CONTROL ACT-CHAPTER 123-as amended by tbe 6Otb General Assemb1y, 1963- Special Session IuJy 21, 1969 Patrick Zaimes, 2661) Dodge Street, Plaza 20 (Effective Aug. 1, 1969) BE IT FURTHER RESOLVED tbat the bonds filed witb tbe ap- plication be approved- Passed, adopted and approved this 21st day of Jaly, 1969- Walter A- Pregler Mayor Merlin F- Schultz Donald R. Meyers Gaylord M. Couchman Conncilmen Attest: Leo F. Frommelt City Clerk Councilman Meyers moved adop- tion of tbe resolution- Seconded by Mayor Pregler. Carried by tbe fol- lowing vote: Yeas-Mayor Pregler, Council- men Couchman, Meyers. Schultz. MoyS-:None. Absent-Councilman McCauley- RESOLUTION NO. 192-69 WHEREAS, applications for Beer Permits were filed by the within named applicants and they have received the approval of tbis Coun- cil: and WHEREAS, tbe premises to be ocCll 1ied by such applicants were inspected and found to comply with the ordinances of tbis City and tbey have filed proper bonds: NOW THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the Manager be and be is bereby directed to issue to the following named applicants a Beer Permit. CLASS "It" BEER PERMIT KaTen Heeren, 1091 Main Street (Effective Aug. 1, 1969) Donna Rezac, 115 East 22nd Street Be it further resolved tbat the bonds filed by such applicants be and the same are hereby approved. Passed, adopted and approved this 21st day of July, 1969. Walter A. Pregler Mayor Merlin F- Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk 301 302 Special Session July 21, 1969 CLASS "C" COMMERCIAL ESTABLISHMENT Karen Heeren, 1091 Main Street (Effective Aug. 1, 1969) Passed, adopted and approved tbis 21st day of July, 1969. Walter A. Pregler Mayor Merlin F. Scbultz Donald R. Meyers Gaylord M. Coucbman 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, Schultz. Nays-None. Absent-Councilman McCauley- RESOLUTION NO. 19U9 WHERKAS, applications for U- quor Permits were filed by the within named applicants and they bave received the approval of this Council, and WHEREAS, tbe premises to be occupied by such applicants were inspected and found to comply with the State Law and all City ordinances relevant thereto and tbey bave filed proper bonds; NOW THEREFORE BE IT RE- SOLVED by the City Council of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named applicants a Uquor Permit. CLASS "C" COMMERCIAL ESTABLISHMENT Karen Heeren, 1091 Main Street (Effective Aug. 1, 1969) Passed, adopted and approved this 21st day of Jnly, 1969. Walter A- Pregler Mayor 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, Coun- cilmen Couchman, Meyers, Schultz. Nays-None- Absent-Councilman McCauley- Mayor Pregler presented the names of Mr. Cecil Edmonds and Tenny Pixley as cbairman and co-chairman respectively to serve on the Citizens Assistance Com- mittee for Urhan RenewaL Council- man Couchman commended the Mayor on the appointments and moved for affirmation of same. Seconded by Councilman Meyers. Carried by the following vote: Yeas - Mayor Pregler, Council- men Couchman, Meyers, Scbultz. Nays - None. Absent - Councilman McCauley. Councilman Meyers moved that the rules be suspended in order to let anyone present address tbe Council if they so desire. Seconded by Councilman Couchman. Carried by tbe following vote: Yeas - Mayor Pregler, Council- men Couchman, Meyers, Schultz. Nays-None. Absent - Councilman McCauley. Mr. Cbarles Egelhof again ad- dressed the Council relative to ambulance service for the City, by stating tbat tbe City is not equip- ped enough for proper ambulance service. Ambulance Associates of Menasha, Wisconsin would ask for $20,000 per year subsidy. There also bas been some talk with a local bospital and in his opiuion something sbould be done soon. It is possible that the Funeral directors of the City may come in anytime and advise of their dis- continuance of service. Mr. George HelIing addressed tbe Council as an objector to the issuance of parking tickets at tbe time of a parade. Mayor Pregler moved tbat tbe matter be referred to tbe Traffic Department. Second- ed by Councilman Couchman. Car- ried by the following vote: Yeas - Mayor Pregler, Council. men Couchman, Meyers, Schultz. Nays - None. Absent - Councilman McCauley- 303 Special Session July 21, 1969 There being no further business Councilman Coucbman moved to adjourn. Seconded by Councilman Schultz- Carried by the following vote: Yeas - Mayor Pregler, Council- men Couchman, Meyers, Schultz- Nays - None. Absent - Councilman McCauley. Leo F. Frommelt City Clerk Approved ..-...................-.......-...1969. Adopted .......................-........-...1969. .....-..........-....-...................................... Councilmen Attest: """'-ëiiÿ"ëii~~k:""'-""""-""" 304 Special Session July 26, 1969 CITY COUNCIL I OFFICIAL Special Session, July 26, 1969. Council met at 8:00 A.M. (D.S.T.) Present-M.syor Pregler, Coun. cilmen Couchman, Meyars, Schull%, City Manager Gilbert D. Chav. nella. Absent-Councilman McCauley (out of city) Mayor Pregler read the call and stated that service thereof had been duly made and this meeting is called for the purpose of DI- RECTING PUBUCATION OF NO- TICE OF PUBUC HE.ARING TO CONSIDER A PROPOSAL OF ANNEXATION OF CERTAIN UN- INCORPORATED TERRITORY TO THE CITY OF DUBUQUE and act- ing upon such other business as may properly come before a regu- lar meeting of tbe City Council. July 26, 1969 To the Honorable Mayor and City Council Gentlemen: I recommend that tbe City Council approve a resolution au- thorizing an election to vote on the annexation of the area de- scribed below and delineated on the attached map. This recommendation is based upon the following factors: 1. The area is suitable for de- velopment. 2. It is estimated that the an- nexation area will be com- pi'etely lmilt "" witbift the next twenty years since it lies in the path of the city's growth and some sectiens thereof are already under development. 3. Capital improvement costa, annual servi£e oosls and revenues have been esti- mated for the area to be an- nexed, and it appears that the proposal is financially sound and that tbe city can furnisb the necessary ser- vices and improvements. 4- If the proposed area is an- nexed, its orderly develop- ment can be promoted by tbe extension of improve- ments and sucb development will benefit Dubuque Citi- zens, the present property holder within tbe annexation area and its future residents. 5- The Planning and Zoning Commission bave studied an- nexation and have recom- mended that tbe proposed area be annexed. The area proposed for annexa- tion is described on the attached Exhibit "B" by reference made a part hereof. Respectfully submitted, Gilbert D. Cbavenelle City Manager Mayor Pregler moved that the communication be received and filed and concurred in the Man' ager's recommendation. Seconded by Councilman Couchman. Car- ried by tbe following vote: Yeas - Mayor Pregler, Coun- cilman Coucbman, Meyers, Schultz- Nays-None. Absent-Councilman McCauley. Special Session July 26, 1969 305 EXHIBIT B CITY OF DUBUQUE IOWA 1969 PROPOSED ANNEXATION "'. N 1 .. II .. . a II .. 10 306 Special Session July 26, 1969 July 25, 1969 Honorable Mayor and Council Members Gentlemen: During 1965, the City Planning Commission recommended to tbe City Council that tbe General De- velopment Plan for Dubuque be adopted. Part of this plan was a proposal to annex certain contingu- ous areas around the city. During the last few montbs the City Planning Commission bas discussed tbe need for and tbe feasibility of annexing certain areas lying north of the present corporation limits at this time. On July 25th, the commission met and reviewed a proposal to annex approximately 3,940 acres. Tbis property includes area re- ferred to in tbe General Develop- ment Plan as Union Park South, Couler Valley, Stone Hill and the John Deere Industrial Complex- This area extends to tbe center of tbe cbannel in the Mississippi Riv- er so tbat it coinsides witb tbe State Line. For this reason, ap- proximately 1,030 acres are occu- pied by water during normal river eievation. The Development of the area proposed to be annexed would be as follows: Union Park South would be de- veloped for low density residen- tial and open recreation uses Tbe Couler ValIey would be de- veloped for industrial uses Stone Hill would be developed as a residential community and commercial establisbments and public facilities to serve the resi- dents of that community Tbe bluff land and the top of the bluff would be developed for community and regional recrea- tion uses overlooking tbe river Tbe John Deere Industrial Com- plex would be further developed for industrial uses At the present time the city is providing public facilities to cer- tain commercial and industrial es- tablishments and bave received re- quests for services from some resi- dents in the area. The General Development Plan proposed public facilities including parks, scbools, a fire station and a street system for this area. The re- port on the water distribution sys- tem proposed a distribution system for the area and a site for a storage tank. Tbe report on the collection and disposal of municipal waste in- cluded this area in its considera- tion for both sanitary sewage col- lection and treatment and solid waste disposal. All other planning for tbe urban area has included as a part of the study area, the area in question. Tbere are approximately 7.5 miles of roads in this area tbat would become city streets upon annexation. The estimated 1969 populatiop of this area is 1,345. The projected 1980 population is 3,193 and tbe projected 1990 population is 8,466. Tbere are approximately 251 single family residents, 56 multiple fam- ily residences, 18 farm steads and 16 businesses. Tbe assessed valua- tion of the industrial establisb- ments in the area is in excess of 8,000,000 dolIars. I! is tbe opinion of tbe Planning Commission that in order to en- courage and accommodate good urban development, tbe city must keep a supply of land in the cor- porate limits so tbat a developer or individual bas several choices of site locations for any type of development. I! is also important that area that is to become a part of the city be annexed prior to its development if orderly and effic- ient development is going to take place. I! is the opinion of tbe Commis- sion and the area in question bas a strong social, economic and phys- ical relationsbip with tbe City of Dubuque. The Commission found that the city can provide municipal serv- ices to tbis area. For these reasons and in view of alI the information generated by tbe various studies and plans it is tbe recommendation of the City Planning Commission that tbe area described above to be annex- ed to the City of Dubuque. Respectfully submitted, PLANNING AND ZON- ING COMMISSION Don Gilson, City Planner Mayor Pregler moved that tbe communication be received and filed. Seconded by Councilman Special Session July 26, 1969 307 Meyers- Carried by the following vote: Yeas - Mayor Pregler, Council- men Coucbman, Meyers, Scbultz. Nays-None. Absent-Councilman McCauley. RESOLUTION NO. 19U9 A resolution directing tbe an- nexation of certain described un- incorporated territory, to be an- nexed to and become a part of the City of Dubuque on the com- pletion of proceedings provided for in Section 362.26 of the 1966 Code of Iowa, as amended present- ed for consideration. Mayor Pregler moved that the resolution be approved and plac- ed on file in the office of the City Clerk for public inspection subject to public hearing. Second- ed by Councitman Meyers. Carried by tbe following vote: Yeas - Mayor Pregler, Council- 'I men Coucbman, Meyers, Scbultz. Nays-None. Absent-Councilman McCauley. RESOLUTION NO. 197-69 WHEREAS, on the 28th day of July, 1969, Resolution No. 196-69 for tbe annexation to the City of Dnhnque of certain unincorpor- ated territory described in said Resolution was introduced and proposed to the City Council of the City of Dubuque, Iowa; and WHEREAS, in accordance witb tbe provisions of law, before any sucb Resolution for annexation of unincorporated territory to tbe City of Dubuque, may be adopted, a pnblic bearing, pursuant to pub- lished notice, must be beld tbere- on. NOW THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIl. OF THE CITY OF DUBUQUE, IOWA: Section I. Tbat tbe City Council of City of Dubuque, Iowa, met on the 7th day of August 1969 at 7:30 o'clock P_M. (Central Daylight Savings Time), in tbe City Council Cbamber, in the City Hall, in the City of Dubuque, Dubuque County, State of Iowa, to consider said Resolution No- 196-69 and to hear all objectors and proponents for such annexation. be S::~Ic;,~ ~. b~:~y t~~tb~~fze~~~~ 1 directed to publish notice of such mèeting once èach week for two consecutive weeks in tbe Tele- grapb-Herald, a newspaper of gen- eral circulation publisbed in tbe City of Dubuque, Iowa in the man- ner provided by Section 618.14 of the 1966 Code of Iowa, as amended. Section 3. Tbat said Resolution No. 196-69 be placed on file with the City Clerk for public inspec- tion until the time of such meet- ing. Passed, adopted and approved this 8th day of August, 1969. Walter A- Pregler Mayor Merlin F. Scbultz Donald R. Meyers Gaylord M- Coucbman Councilmen Attest: Leo F. Frommelt, City Clerk Mayor Pregler moved adoption of the resolution. Seconded by Councilman Couchman. Carried by tbe folIowing vote: Yeas - Mayor Pregler, Council- men Coucbman, Meyers, Scbultz. Nays - None. Absent - Councilman McCauley. Tbere being no furtber business Councilman Couchman moved to adjourn. Seconded by Mayor Preg- ler. Carried by the folIowing vote: Yeas - Mayor Pregler, Coun- cilmen Couchman, Meyers, Schultz- Nays-None. Absent-Councilman McCauley- Leo F. Frommelt City Clerk Approved 1969. Adopted 1969 ..00..0000...00'.00"'0000...00"00"00...0000...00..0000.00 "00""00"'00"0000"00""'00000000"""'00"0000'000000 """""""'000000'0000...00000000.000000.00.00_..0000..- Councilmen Attest: '00"'00""00""'00'-00"0000'_""""-"'0000' City Clerk Special Session JuJy28, 1969 Councilman McCauley- Carried by CITY COUNCIL the following vote: , . Yeas - Mayor Pregler, Conncil- men Couchman, Meyers, McCauley, Schultz. OFFICIAL Nays-None. Spe I I Se i Jut 28 1969 Notice of intent to file dmm by c a ss on, y, 'Arnold J. Leytem, as parent of Council met at 7:30 P.M. (D.5.T.) Christine Mary Leytem, as the re- Present-ayor Pregler, C- suIt of a personal injury incurred cilmen Couchman, Meyers, McCau. I by said Christine Mary Leytem on ley, Schultz. City Ma"-r Gilbert May 25, 1969, while at play at the D. Chavenelle. Comiskey Playground, presented Mayor Pregler read the call and read. Counc!lman Meyers and stated that service thereof moved t~at the. ~obce be referred had been duly made and tbis to tbe. City Sohcltor. Secon~ed by meeting is called for the purpose Councllma!l Couchman. Camed by of INAUGURATING PROCEED- the following vote: INGS FOR THE CONSTRUCTION Yeas-Mayor Pregler, Council- OF CITY OF DUBUQUE 1969 men Couchman, Meyers, McCau- CONCRETE CURB AND GUTTER ley, Schultz. PROJECT NO.1; CITY OF DU- Nays-None. BUQUE 1969 HOT MIX-HOT LAID ASPHALTIC CONCRETE PAVING Notice of claim of Anne K. Lau- PROJECT NO- 1; CITY OF DU- ry, in an undetermined amount, BUQUE 1969 BITUMINOUS CON- for property damage as the result CRETE SURFACING PROJECT of a fallen dead elm tree at her NO.1, and acting upon sucb oth- ?ome at 874 W:ilson AveA"", dur- er business as may properly come mg last week In JURe. 1969, pre- before a regular meeting of the sented and read. Councilman Mey- City Conncil. ers moved that the notice of <:taint be referred to the City Solicitor. Seconded by Councilman Couch- man- Carried by the foUrowing vote, Yeas - Mayor Pregler, Council- men Coucbman, Meyers, McCau- ley, Sclwltz. Nays-None. Notice of claim of C. J. Golin- va!!x of 695 Clarke Drive in tbe amount of $100 for property dam- age as tbe result of a fallen dead elm tree at his residence during tbe first week in July 1969, pre- sented and read. Councilmll1'l Mey- ers moved that the notice of claim be referred to tbe City Solicitor. Seconded by Councilman Couch- man. Carried by the following vote: Yeas - Mayor Pregler, Council- men Couchman, Meyers, McCau- ley, Scbultz. Nays-None. Notice of daim of L. C. Riggs and Associates !De., in the amouDt of $750 for damagl!to property as the resuit of a IIIIck-np smùtary sewer at 480 W. 9th Street 011 JW1e 25, 1JI69, poesent.ed ud .eed. Councilman Mey.,.,. møved tkat 308 July 18, 1969 Hon- Mayor and City Council reo Merlin J. Cody Gentlemen: On February 14, 1969, Merlin J. Cody of 655 Gillespie Street, Dubuque, Iowa filed claim against tbe City of Dubuque, Iowa for damages for personal injury in the amount of $1,500.00 wbich in- jury allegedly occurred at the Du- buque landfill disposal site on November 11, 1968. Tbis matter was referred to the City Attorney and upon investi- gation find no liability on the part of tbe City of Dubuque and in view tbereof, it is the recom- mendation of the City Attorney that the claim of Merlin J. Cody be denied. Original claim is attacbed here- to. Respectfully submitted, R. N. Russo City Attorney Mayor Pregler moved tbat tbe recommendation of the City At- torney be approved. Seconded by Special Session JuJy 28, 1969 309 the notice of claim be referred to the City Solicitor. Seconded by Councilman Couchman. Carried by the following vote: Yeas - Mayor Pregler, Council- men Couchman, Meyers, Pregler, Scbultz. Nays-None. Notice of claim of Palmer J. Dillard of 15981,2 Central Ave_, in the amount of $60 for personal injuries received in a fall on a defective curb at the soutbwest corner of Loras and Central Ave- nue on July 3, 1969, presented and read. Councilman Meyers moved that the notice of claim be referred to tbe City Solicitor. Sec- onded by Councilman Coucbman. Carried by the following vote: Yeas - Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays-None. Notice of claim of David & Shar- on Ehlinger of 3111 Jackson Street, in the amount of $2300 for personal property damage in- curred as the result of a backed- up sewer at 3110 White Street on June 25, 1969, presented and read. Councilman Meyers moved tbat the notice of claim be referred to tbe City Solicitor. Seconded by Councilman Couchman- Carried by tbe following vote: Yeas - Mayor Pregler, Council- men Couchman, Meyers, McCau- ley, Scbultz. Nays-None. Petition of Declaratory Judg- ment by F. H. Uelner et al (busi- nesses in tbe recently rezoned Wasbington Street neigbborhood area) praying for relief from tbe recently enacted ordinance, and that the area be returned to its original zoning classification, pre- sented and read. Councilman Mey- ers moved that the petition be re- ferred to tbe City Solicitor. Sec- onded by Councilman Couchman. Carried by the following vote: Yeas - Mayor Pregler, Council- , men Couchman, Meyers, McCau- I ley. Scbultz. Nays-None. Notice of Appeal of Cbarles J. Murpby Executor et al In tbe mat- ter of condemnation of real es- tate located at 251 W. 6tb Street being the Ely 25' of City Lot 752 and the Ely 25' of the Sly 54'1" of Lot 753 in the City of Dubuque in the Urban Renewal area, pre- sented and read- Councilman Mey- ers moved that the notice be re- ferred to the City Solicitor. Sec- onded by Councilman Couchman. Carried by tbe following vote: Yeas - Mayor Pregler, Coun- cilmen Couchman, Meyers, McCau- ley, Scbultz- Nays-None- Petition of D-A.V- .requesting permission to conduct their an- nual Forget-Me-Not Days August 15 and 16, 1969, presented and read- Mayor Pregler moved ap- proval of the petition and that same be referred to the City Man- ager. Seconded by Councilman Meyers- Carried by the following vote: Yeas - Mayor Pregler, Council- men Coucbman, Meyers, McCau- ley, Schultz- Nays-None. Petition of Dr. Wayne A. Mol- denhauer et al (residents of Nowa- ta Street and tbe surrounding area) requesting "no parking signs" on the Allison Henderson park side of Nowata Street; as to tbe bippie crowd requesting a pa- trol guard at aU times, also traf- fic to be blocked off Nowata Street completely, also enforce 10:00 P.M- curfew in Allison Hen- derson Park, also that concerts in tbe park be beld to two bours for any groUp, presented and read. Mayor Pregler moved that tbe petition be received and filed and tbat tbe rules be suspended in order to let anyone present ad- dress tbe Council if they so de- sire. Seconded by Councilman Scbultz. Carried by tbe following vote: Yeas - Mayor Pregler, Coun. cilmen Coucbman, Meyers, McCau- ley, Schultz- Nays-None. Dr. Wayne Moldenhauer of 1250 Nowata Street described the area as being very disturbing to peace- ful neigbborbood living. The traf- fic jam created on Nowata Street is terrific and when there is park- ing on tbe west aide of tbe street tbe residents cannot get out of tbeir driveways due to the nar. rowness of tbe street. It is a plain case of disturbing the peace. These kids are not witbout mon- Special Session July 28, 1969 311 Special Session JuJy 28, 1969 Couchman. Carried by the foUow- ing vote: Yeas - Mayor Pregler, Council- men Couchman, Meyers, McCauley. Scbultz. Nays-None- Petition of Braconier Plumbing & Heating Inc. requesting refund on an unused plumbing permit #33809 in the amount of $18.00 presented and read. Councilman Meyers moved that the refund be granted and tbe Auditor instruct- ed to issue proper warrant. Sec- onded by Mayor Pregler. Carried by the foUowing vote: Yeas - Mayor Pregler, Council- man Coucbman, Meyers, McCauley, Scbultz. Nays-None- Petition of Ken Schromen Con- struction Co. requesting permission to excavate in City streets and al- leys, presented and read. Mayor Pregler moved that the petition be approved subject to approval of the City Engineer. Seconded by Councilman Meyers. Carried by the following vote: Yeas - Mayor pregler, Council- men Coucbman, Meyers, McCauley, Schultz. Nays-None. Petition of River Valley Com- munity Action program requesting funds for 1969-1970 in the amount of $9000- $4500 payable in April 1970 and $4500 payable in Septem- ber 1970, presented and read. May- or Pregler moved that the petition be referred to the City Manager. Seconded by Councilman Couch- man. Carried by the following vote: Yeas - Mayor Pregler, Council- men Couchman, Meyers, McCauley, Scbultz. Nays-None. 310 ey. Tbe City should furnish a full time park patrol. The residents are not asking to be unfair to the kids however. Dr. G. Thran of 1020 Nowata Street stated that an ordinance sbould be instituted and the park sbould be governed by proper regulations. Mr. Carl Ihrcke, Mrs. Wayne Moldenhauer, Mrs. Marie Thran, addressed the Council objecting to tbe situation by stating to tolerate the hippies in the area is contributing to de- linquents and mainly tbey re- quested a limit on the bours- Mr- Wayne Norman of Douglas Street stated that tbe hours set were ad- hered to, and that in bis opinion tbe Council and City Management are taking an objective view of the situation, however it migbt be wise that limits and guidelines be set- Mrs. Duane Mortenson of Per- ry Street pleaded for understand- ing and not to judge the kids. Mr. Paul Fitzimmons of tbe Legal Aid services stated that the young peo- ple suggested that they go to Alli- son Henderson Park themselves and it was not prompted by tbe Ad Hoc Committee. After all Alli- son Henderson is a public park. Also the majority of the people are from Dubuque and not from outside the City as reported- Ma- yor Pregler moved that discussion be closed. Seconded by Council- man Couchman. Carried by the following vote: Yeas - Mayor Pregler, Coun- cilmen Couchman, Meyers, McCau- ley, Schultz. Nays-None- Councilman Meyers moved that tbe communication be received and filed. Seconded by Mayor Preg- ler. Carried by the following vote: Yeas - Mayor Pregler, Council- men Coucbman, Meyers, McCauley, Schultz. Nays-None. RESOLUTION NO, 198-69 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section I. That the attached sheets No.1 to 3 inclusive are hereby determined to be tbe scbed- ule of proposed assessments for tbe City of Dubuque 1969 Concrete Curb and Gutter Project No.1 and tbe valuation set out tberein are hereby approved, Adopted tbis 28th day of July, 1969. ed by Councilman Meyers. Carried by tbe following vote: Yeas - Mayor Pregler, Couneil- men Couchman, Meyers, McCauley, Scbultz. Nays-None. (Necessity for Improvement) RESOLUTION NO. 200-69 WHEREAS, proposed plans, specifications, form of contract, plat and scbedule have been duly prepared and approved by tbe City Council of the City of Dubu- que and are now on file in the office of the City Clerk sbowing among otber tbings tbe following: 1. Tbe assessments limits of each street to be improved. 2. Tbe streets to be improved. 3. The width of sucb improve- ment. 4. Each lot proposed to be as. sessed together witb a valuation fixed by the council. 5. An estimate of tbe cost of tbe proposed improvement, stating the same for eacb different type of construction and kind of material to be used. 6. In each case the amount there- of wbich is estimated to be assess- ed against eacb lot, for the CITY OF DUBUQUE 1969 CONCRETE CURB AND GUTTER PROJECT NO.1 on tbe following streets: 1. Pennsylvania Avenue from tbe W.P.L- of Key Knolls Subdivision to tbe W.P.L. of Lot 2-1 of the E'k of the SW¥4 of Section 21, T. 89 N. R. 2E. 2. Perry Street from the aUey west of Grandview Avenue to the E.P.L. of Rider Street. BE IT THEREFORE RESOLVED that the City Council on its own motion or upon petition of proper- ty owners, deems it advisable and necessary for tbe public welfare to make the berein mentioned im- provement, and unless property owners at the time of the final consideration of this proposed reso. lution have on file with the City Clerk objections to the amount of tbe proposed assessments, they sball be deemed to have waived all objections thereto. Said improvement sball be con- structed and done in accordance with tbe plans and specifications Walter A. Pregler Mayor Sylvester McCauley Merlin F. Schultz Donald R. Meyers Gaylord M. Coucbman Councilmen Attest: Leo F. Frommelt, City Clerk Mayor Pregler moved adoption of the resolution. Seconded by Councilman Schultz. Carried by the following vote: Yeas - Mayor Pregler, Council- men Coucbman, Meyers, McCauley, Schultz. Nays-None. RESOLUTION NO. 199-69 Preliminary Estimate and ap- proval of plans, specifications, plat and scbedule, including valua- tiona appearing thereon and all other documents for tbe construc- tion of City of Dubuque 1969 Con- crete Curb & Gutter Project No.1 on the following named streets: Pennsylvania Avenue, from tbe W.P.L. of Key KnoUs Subdivision to the W.P.L. of Lot 2-1 of the E'k of the SW¥4 of Section 21, T- 89 N.R. 2E. Perry Street, from the alley west of Grandview Avenue to the E.P_L- of Rider Street, in an esti- mated amount of $46,233.21, pre- sented and read. Councilman Couchman moved adoption of the resolution. Second- Councilman Couchman moved that the petition be referred to the City Manager and City Solic- itor for investigation and report. Seconded by Councilman McCau- ley- Carried by the following vote: Yeas - Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays-None. Petition of Holiday Oil Distribut- ing Inc. requesting rezoning of the Sly 300' and tbe Ely 55' of Lots 24 and 25 of Block 4 in Westside Manor Subdivision to Local Bñs- iness "B" classification, presented and read. Mayor Pregler moved that the petition be referred to the Planning & Zoning Commis- sion. Seconded by Councilman July 28, 1969 To the Honorable Mayor and City Council Gentlemen: I hereby submit tbe attacbed sheets No.1 to 3 inclusive showing a schedule of the proposed valua- tions and assessments for the City of Dubuque 1969 Concrete Curb and Gutter Project No.1. Submitted July 28, 1989. John L. White City Engineer 312 Special Session JuJy 28, 1969 which have been prepared tberefor by the City Engineer which have been approved by the City Conncil and are now on file with the City Clerk. That the cost and expense of making said improvement wiIl be assessed upon and against all privately owned property lying witbin assessable distance provided by law and in an amount not to exceed the amount provided by law, property will be assessed whether the same abuts tbereon or is adjacent tbereto according to area and in proportion to the special benefits conferred thereby, and any deficiency shall be paid out of the street fund. Bonds shall be issued and sold in anticipation of deferred payments of assess- ments when a contract has been I performed and accepted and the proceeds tbereof used to pay the contractor. Tbe railway portion of any street or assessment district shaIl be assessed to and paid by the railway company. The above resolution was intro- dnced, approved and ordered plac- ed on file witb the City Clerk this 28th day of July, 1969. Approved and placed on file for final action- Approved: Walter A- Pregler Mayor Sylvester McCauley Merlin F- Scbultz Donald R. Meyers Gaylord M- Couchman Councilmen Attest: Leo F. Frommelt, City Clerk I Councilman Couchman moved approval of the resolution. Second- ed hy Mayor Pregler- Carried by tbe following vote: Yeas - Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nay~None. (FixIng date of hearing) RESOLUTION NO. 201-69 WHEREAS, the City Councll of the City of Dubuque, Iowa, bas by Resolution No. 199-69 given its preliminary approval on the pro- posed plans, specifications and form nf contract and placed same on file In the office of the City -- -- Clerk for public inspection, for the CITY OF DUBUQUE 1969 CONCRETE CURB AND GUTTER PROJECT NO.1 and, WHEREAS, the proposed Resolu- tion of Necessity for said im- provement bas been introduced and is now on file in the City Clerk's office for public inspection, BE IT THEREFORE RESOLVED tbat on tbe 25th day of August, 1969, a public hearing will be held at 7:30 o'clock P.M. D.S.T. In the Council Chamber of the City of Dubuque at which time the own- ers of property subject to assess- ment for the proposed improve- ment may appear and make objec- tion to the proposed plans and specifications and proposed form of contract and at the same time to the boundaries of the proposed district, to the cost of improve- ment, to the amount proposed to be assessed against any lot and to the passage of the proposed Resolu- tion of Necessity and the City Clerk be and be is hereby direct- ed to cause a notice of the time and place of such hearing to be publisbed in some newspaper pub- lisbed in the city of Dubuque, the last of whicb shall be not less than two (2) nor more tban (4) weeks prior to the day fixed for its consideration and unless prop- erty owners at the time of final consideration of said resolution have on file with tbe Clerk objec- tions to the amount of the pro- posed assessment, they shall have been deemed to bave waived all objections thereto, at which hear- Ing the Council will bear such ob- jections and enter on record its final decision thereon. Passed, adopted and approved this 28th day of July, 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 Special Session July 28, 1969 313 Conneilman Couchman. Carried by the following vote: Yeas - Mayor Pregler, Council- men Coucbman, Meyers, McCauley, Scbultz. Nays - None- July 28, 1969 To the Honorable Mayor and City Council Gentlemen: I bereby submit the attacbed sheets No- 1 and 2 inclusive show- ing a scbedule of tbe proposed valuations and assessments for tbe City of Dubuque 1969 Hot Mix-Hot Laid Aspbastic Concrete Paving Project No.1. Submitted July 28, 1969. John L. White City Engineer Mayor Pregler moved tbat tbe communication be leceived and filed. Seconded by Councilman Meyers. Carried by tbe following vote: Yeas - Mayor Pregler, Council- men Couchman, Meyers, McCauley, Scbultz. Nays - None. RESOLUTION NO. 202-69 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Tbat the attacbed sbeets No.1 to 2 inclusive are hereby determined to be tbe scbed- ule of proposed assessments for the City of Dubuque 1969 Hot Mix-Hot Laid Asphaltic Concrete Paving Project No.1 and the valuation: set ont therein are bereby approv-I ed. Adopted this 28th day of July, 1969. Walter A. Pregler Mayor Sylvester McCauley Merlin F. Scbultz Donald R. Meyers Gaylord M. Coucbman Councilmen Attest: Leo F- Frommelt, City Clerk Councilman Couchman moved adoption of the resolution. Second- ed by Mayor Pregler. Carried by tbe foIlowing vote: Yeas-Mayor Pregler, Council- men Couchman, Meyers, McCauley, Scbultz. Nays-None. RESOLUTION NO. 203-69 Preliminary Estimate and ap- proval of plans, specifications, form of contract, plat and scbed- ule and all other documents for the construction of City of Dubu- que 1969 Hot Mix-Hot Laid As- phaltic Concrete Paving Project No- 1 on tbe foIlowing streets: 1. Pennsylvania Avenue from tbe W.P.L- of Key KnoUs Subdivision to the W.P.L. of Lot 2-1 of tbe E'h of tbe SWV. of Section 21 T. 89 N.R. 2E. 2- Wacker Drive patching between John F. Kennedy Road and U.S. #20- 3. John F. Kennedy Road patcbing between Pennsylvania Avenue and University Avenue. 4. Central Avenue from tbe S.P.L- of Fulton School to a point 100' north of West 32nd Street, at an estimated cost of $68,758.68, presented and read. Councilman Meyers moved adop- tion of tbe resolution. Seconded by Mayor Pregler. Carried by tbe foIlowing vote: Yeas - Mayor Pregler, Council- men Couchman, Meyers, McCauley, Scbultz. Nays - None. (Necessity for Improvement) RESOLUTION NO. 204-69 WHEREAS, proposed plans, specifications, form of contract, plat and scbedule bave been duly prepared and approved by tbe City Council of the City of Dubuque and are now on file in tbe office of the City Clerk showing among other tbings the following: 1. Tbe assessments limits of each street to be improved. 2. The streets to be improved- 3- Tbe widtb of sucb improve- ment. 4. Eacb lot proposed to be as- sessed together with a valuation fixed by tbe council. 5. An estimate of the cost of the proposed improvement, stating the same for each different type of constrnction and kind of material to be used- 6. In each case the amount tbereof which is estimated to be assessed against each lot, for the CITY OF DUBUUQUE 1969 HOT MIX-HOT LAID ASPHALTIC CON- 314 Special Session July 28, 1969 CRETE PAVING PROJECT NO- 1 on the following streets: 1. Pennsylvania Avenue from tbe W.P.L. of Key Knolls Subdivision to tbe W.P.L- of Lot 2-1 of the E'k of the SW¥. of Section 21 T. 89 N. R. 2E. 2- Wacker Drive patching between John F. Kennedy Road and U.S. #20. 3- John F. Kennedy Road patcbing between Pennsylvania Avenue and University Avenue. 4. Central Avenue from tbe S.P_L. of Fulton School to a point 100' north of West 32nd Street. BE IT THEREFORE RESOLVED that the City Council on its own I motion or upon petition of prop- erty owners, deems it advisable and necessary for the public wel- fare to make the herein mentioned improvement, and unless property owners at tbe time of the final consideration of tbis proposed res- olution bave on file with the City Clerk objects to the amount of the proposed assessments, they shall be deemed to have waived all objections thereto. Said improvement sball be con- structed and done in accordance witb tbe plans and specifications which have been prepared there- for by tbe City Engineer which have been approved by the City Council and are now on file with the City Clerk. Tbat the cost and expense of making said improve- ment will be assessed upon and I against all privately owned prop- , erty lying within assessable dis- tance provided by law and in an amount not to exceed the amount provided by law, property will be assessed wbether the same abuts thereon or is adjacent thereto ac- cording to area and in proportion to the special benefits conferred thereby, and any deficiency sball be paid out of the street fund, Bonds shall be issued and sold in anticipation of deferred payments of assessments wben a contract bas been performed and accepted and the proceeds tbereof used to pay the contractor. The railway portion of any street or assessment district shall be assessed to and paid by the railway company. The above resolution was intro- .1 duced, approved and 0 r d ere d placed on file with tbe City Clerk i this 28th day of July, 1969. ' -- Approved and placed on file for final action Approved: Walter A. Pregler Mayor Sylvester McCauley Merlin F. Scbultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F- Frommelt City Clerk Mayor Pregler moved approval of tbe resolution- Seconded by Councilman Meyers. Carried by the following vote: Yeas-Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays-None- (Fixing date of hearing) RESOLUTION NO. 205-69 WHEREAS, the City Conncil of the City of Dubuque, Iowa, has by Resolution No. 203-69 given its preliminary approval on the pro- posed plans, specifications and form of contract and placed same on file in the office of the City Clerk for public inspection, for tbe City of Dubuque 1969 Hot Mix- Hot Laid Aspbaltic Concrete Pav. ing Project No- 1 and, WHEREAS, the proposed Res- olution of Necessity for said im- provement has been introduced and is now on file in the City Clerk's office for public inspection, BE IT THEREFORE RESOLVED that on the 25th day of August 1969, a public hearing will be held at 7:30 o'clock P.M. D-S.T. in tbe Council Chamber in tbe City of Dubuque at which time tbe own- ers of property subject to assess- ment for the proposed improve- ment may appear and make ob- jection to tbe proposed plans and specifications and proposed form of contract and at the same time to the boundaries of the proposed district, to tbe cost of the improve- ment, to the amount proposed to be assessed against any lot and to the passage of the proposed Resolution of Necessity and tbe City Clerk be and he is hereby directed to cause a notice of the time and place of such hearing to be publisbed in some newspaper published in the city of Dubuque, the last of whicb shall be not less Special Session July 28, 1969 315 than two (2) nor more than (4) weeks prior to the day fixed for Its consideration and unless prop- erty owners at the time of final consideration of said resolution have on file witb tbe Clerk ob- jections to the amount of the pro- posed assessment, they shall bave been deemed to bave waived all objections thereto, at which hear- Ing tbe Council will hear sucb objections and enter on record its final decision tbereon. Passed, adopted and approved tbis 28th day of July, 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 m 0 v e d approval of the resolution- Sec- onded by Mayor Pregler. Carried by the following vote: Yeas-Mayor Pregler, Council- men Couchman, Meyers, McCauley, Scbultz. Nays-None. July 28, 1969 To tbe Honorable Mayor and City Council Gentlemen: I hereby submit tbe attached sheets No.1 to 8 inclusive sbow- ing a scbedule of the proposed valuations and assessments for tbe City of Dubuque 1969 Bituminous Concrete Surfacing Project No.1. Snbmitted July 28, 1969. Jobn L. White City Engineer Councilman Meyers moved tbat the communication be received and filed. Seconded by Mayor Pregler- Carried by tbe following vote: Yeas-Mayor Pregler, Council- men Couchman, Meyers, McCauley, Scbultz. Nays-None. RESOLUTION NO. 206-69 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: SECTION 1. That tbe attacbed sheets No.1 to 8 inclusive are hereby determined to be the sched- ule of proposed assessments for tbe City of Dubuque 1969 Bitu- minous Concrete Surfacing Project No.1 and tbe valuation set out tberein are bereby approved. Adopted this 28tb day of July, 1969. Walter A. Pregler Mayor Sylvester McCauley Merlin F. Schultz Donald R. Meyers Gaylord M. Coucbman Councilmen Attest: Leo F. Frommelt City Clerk Councilman Meyers moved adop- tion of the resolution. Seconded by Councilman McCauley. Carried by the following vote: Yeas-Mayor Pregler, Council- men Coucbman, Meyers, McCauley, Schultz. Nays-None. RESOLUTION NO. 207-69 Preliminary Estimate and ap- proval of plans and specifications, form of contract, plat and scbed- ule and all otber documents for tbe construction of City of Du- buque 1969 Bituminous Concrete Paving Project No.1 on tbe fol- lowing streets and areas: 1. Avalon Street-from the soutb property line of Asbury Road to the soutb property line of Dirksen's Addition. 2- Flora Park-Ice Skating Rink- 3. High Bluff Street-from the nortb property line of Farley to tbe soutb property line of Fengler Street. 4. Jefferson Park-Play area. 5. Lombard Street - from the nortb property line of Dodge Street to tbe east property line of Lot 2-1-1-1-1-1-2 of Lots 1 and 2 of Sister's Addition. 6. Nowata Street - from tbe north property line of Uni- versity Avenue to the south property line of Loras Boule- vard. 7. Sunnyview Drive - from tbe west property line of North Grandview Avenue to the west property line of St. Ambrose St. 8. Mesa Drive-from the south property line of Kane Street to the south end of tbe street. City of Dubuque 1969 Bituminous Concrete Surfacing Project No.1 on the following streets and areas: 1. Avalon Street-from the south property line of Asbury Road to tbe south property line of Dirksen's Addition. 2. Flora Park-Ice Skating Rink. 3. High Bluff Street-from the nortb property line of Farley to the south property line of Fengler Street. 4. Jefferson Park-Play area. 5. Lombard Street - from tbe north property line of Dodge Street to the east property line of Lot 2-1-1-1-1-1-2 of Lots I and 2 of Sister's Addition. 6- Nowata Street - from the north property line of Uni- versity Avenue to the south property line of Loras Boule- vard. 7. Sunnyview Drive - from tbe west property line of North Grandview Avenue to tbe west property line of St. Ambrose St. 8- Mesa Drive-from the soutb property line of Kane Street to the south end of the street. 9. Altura Drive-from the east property line of Mesa Drive to the west property line of Nortb Grandview Avenue. 10. Cerro Drive-from the east property line of Mesa Drive to the west property line of North Grandview Avenue. 11. Corto Drive-from the south property line of Cerro Drive to the soutb end of street. 12. Perry Street-from tbe west property line of Grandview Avenue to the east property line of Rider Street- 13. Aubum Street - from the south property line of Dexter Street to the nortb property line of Lot 179 of Woodlawn Park Addition. 14. Berkley Place-from the west property I i n e of Primrose Street to the east property line of Oakcrest Drive. 15- Montgomery Ward - Parking Lot patching, BE IT THEREFORE RESOLVED that the City Council on its own motion or upon petition of prop- erty owners, deems it advisable 316 Special Session JuJy 28, 1969 9. Altura Drive-from the east property line of Mesa Drive to the west property line of North Grandview Avenue. 10. Cerro Drive-from the east property line of Mesa Drive to the west property line of North Grandview Avenue. 11. Corto Drive-from the south property line of Cerro Drive to tbe soutb end of street. 12- Perry Street-from the west property line of Grandview Avenue to tbe east property line of Rider Street. 13. Auburn Street - from tbe south property line of Dexter Street to the nortb property line of Lot 179 of Woodlawn Park Addition. 14. Berkley Place-from the west property Ii n e of Primrose Street to the east property line of Oakcrest Drive- 15. Montgomery Ward - Parking Lot patching- at an estimated cost of $97,427.94, presented and read. Mayor Pregler moved adoption of the resolution- Seconded by Councilman Couchman. Carried by the following vote: Yeas-Mayor Pregler, Council- men Couchman, Meyers, McCauley, Scbultz. Nays-None. (Necessity for Improvement) RESOLUTION NO. 208-69 WHEREAS, proposed p I a n s, specifications, form of contract, plat and scbedule bave been duly prepared and approved by the City Council of tbe City of Du- buque and are now on file in tbe office of the City Clerk showing among otber things tbe following: 1. The assessments limits of eacb street to be improved. 2. The streets to be improved. 3. The width of such improve- ment. 4. Eacb lot proposed to be as- sessed together with a valua- tion fixed by the council. 5. An estimate of the cost of the proposed improvement, stating the same for each different type of construction and kind of material to be used. 6. In each case tbe amount tbere- of whicb is estimated to be i assessed against each lot, for I the Special Sessiou July 28, 1969 317 and necessary for tbe public wel- ed by Councilman Meyers. Carried fare to make tbe berein mentioned by the following vote: improvement, and unless property Yeas-Mayor Pregler, Council owners at the time of the final men Couchman, Meyers, McCauley, consideration of this proposed res- Schultz. olution bave on file witb the City Nays-None. Clerk objections to tbe amount of tbeproposed assessments, they (Fixing date of hearing) shall be deemed to bave waived RESOLUTION NO. 209-69 all objections tbereto WHEREAS, the City Council of . the City of Dubuque, Iowa bas by Said improvement sball be con- Resolution No. 207-69 given its structed and done in accordance preliminary approval on the pro- with tbe plans and specifications posed plans, specifications and whicb have been prepared there- form of contract and placed same for by the City Engineer which on file in tbe office of the City bave been approved by tbe City Clerk for public inspection, for Council and are now on file witb the City of Dubuque 1969 Bitu- tbe City Clerk. Tbat tbe cost and I minous Concrete Surfacing Project expense of making said improve- No.1 and, ment will be assessed upon and against all privately owned prop- WHEREAS, the. propose~ r:es- erty lying within assessable dis- olubon of NecessIty fo~ saId Im- tance provided by law and in an provement bas been mtroduced amount not to exceed the amount and is now on file in the City provided by law, property will be ~lerk's office for public inspec- assessed wbether tbe same abuts bon. thereon or is adjacent thereto according to area and in propor- tion to the special benefits con- ferred thereby, and any deficiency shall be paid out of the street fund, Bonds shall be issued and sold in anticipation of deferred payments of assessments wben a contract has been performed and accepted and the proceeds thereof used to pay the contractor. Tbe railway portion of any street or assessment district shall be as- sessed to and paid by the railway company. The above resolution was in- troduced, approved and ordered placed on file with tbe City Clerk this 28th day of July, 1969. Approved and placed on file for final action Approved: Walter A. Pregler Mayor Sylvester McCauley Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Councilmen Attest: Leo F. Frommelt City Clerk Councilman Coucbman m 0 v e d approval of the resolution. Second- BE IT THEREFORE RESOLVED tbat on the 25tb day of August 1969, a public hearing will be held at 7:30 o'clock P.M. D.S.T. in the Council Cbamber in the City of Dubuque at which time tbe owners of property subject to assessment for tbe proposed improvement may appear and make objection to the proposed plans and specifications and proposed form of contract and at tbe same time to the bound- aries of the proposed district, to the cost of the improvement, to the amount proposed to be as- sessed against any lot and to tbe passage of tbe proposed Resolu- tion of Necessity and the City Clerk be and he is hereby directed to cause a notice of the time and place of such hearing to be pub- lished in some newspaper pub- lished in the city of Dubuque, tbe last of which sball be not less than two (2) nor more tban (4) weeks prior to the day fixed for its consideration and unless prop- erty owners at the time of final consideration of said resolution have on file with tbe Clerk objec- tions to the amount of the pro- posed assesment, they shall have been deemed to bave waived all objections thereto, at which hear- ing tbe Council will bear such objections and enter on record its final decision thereon. 318 Special Session July 28, 1969 Passed, adopted and approved this 28th day of July, 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 m 0 v e d adoption of the resolution. Sec- onded by Mayor Pregler. Carried by the following vote: Yeas-Mayor Pregler, Council- man Couchman, Meyers, McCauley, Schultz. Nays-None. RESOLUTION NO. 210.69 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- I rettes within the City of Dubuque, Iowa, be granted a permit to sell Cigarettes and Cigarette Papers within said City. Daniel D. Boge, 400 Central Ave- nue BE IT FURTHER RESOLVED that the bonds filed with the ap- plication be approved. Passed, adopted and approved this 26th day of July, 1969. Walter A. Pregler Mayor Sylvester McCauley Merlin F. Schultz Donald R. Meyers Gaylord M. Couchman Attest: Leo F. Frommelt City Clerk Mayor Pregler moved adoption of the resolution. Seconded by Councilman Schultz. Carried by the following vote: Yeas-Mayor Pregler, Council- men Couchman, Meyers, McCauley, Scbultz. Nays-None. RESOLUTION NO. 211-69 WHEREAS, applications for Beer Permits bave been submitted to this Council for approval and tbe same have been examined: NOW THEREFORE, BE IT RESOLVED by tbe City Council of tbe City of Dubuque, Iowa, tbat the following applica. -- --- tions be granted and licenses be issued upon the compliance with the terms of tbe ordinances of the City. CLASS "B" BEER PERMIT Daniei D. Boge, 400 Central Ave- nue Passed, adopted and approved this 28th day of July, 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 Schultz- Carried by the following vote: Yeas-Mayor Pregler, Council- men Couchman, Meyers, McCauley, Schultz. Nays-None. RESOLUTION NO. 212-69 WHERKAS, applications for Beer Permits were filed by tbe witbin 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 tbe Manager be and he is hereby directed to issue to the following named applicants a Beer Permit. CLASS "B" BEER PERMIT Daniel D. Boge, 400 Central Ave- nue BE IT FURTHER RESOLVED that the bonds filed by such appli- cants be and the same are hereby approved. Passed, adopted and approved this 28th day of July, 1969. Walter A. Pregler Mayor Sylvester McCauley Merlin F. Schultz Donald R. Meyers Gaylord M- Couchman Attest: Leo F. Frommelt, City Clerk Mayor Pregler moved adoption of the resolution. Seconded by Special Session July 28, 1969 Councilman Schultz. Carried by tbe following vote: Yeas - Mayor Pregler, Council- men Coucbman, Meyers, McCauley, Schultz. Nays - None. RESOLUTION NO. 312-69 WHEREAS, applications for Liquor Permits have been submit- ted to this Council for approval and tbe same bave been examined, NOW THEREFORE BE IT RE. SOLVED by the City Council of tbe City of Dubuque, lows, tbat tbe foUowing applications be grant- ed and licenses issued upon tbe compliance with the terms of the IOWA LIQUOR CONTROL ACT- CHAPTER 123-as amended by tbe 60th General Assembly, 1963. CLASS "C" COMMERCIAL ESTABLISHMENT Daniel D. Boge, 400 Central Av- enue Marco Giunta, 2022 Central Av- enne Pete S. Sfikas & Gust Karigan, I 401-405 Central Avenue Passed, adopted and approved this 28tb day of July, 1969- Walter A. Pregler Mayor Sylvester McCauley Merlin F. Scbultz Donald R. Meyers Gaylord M. Coucbman Councilmen Attest: Leo F. Frommelt, City Clerk Mayor Pregler moved adoption of the resolution. Seconded by Councilman Scbultz. Carried by the following vote: Yeas - Mayor Pregler, Council- men Coucbman, Meyers, McCauley, Sehultz. Nays - None- RESOLUTION NO. 214-69 WHEREAS, applications for Liq- uor Permits were filed by the witb- in named applicants and tbey have recevied the approval of tbis Council, and WHEREAS, tbe premises to be occupied by sucb applicants were inspected and found to comply witb the State Law and aU City ordinances relevant tbereto and tbey bave filed proper bonds; NOW THEREFORE BE IT RE- SOLVED by the City Council of Dubuque, Iowa tbat the Manager be authorized to cause to be is- i 319 sued to the foUowing named ap- plicants a Liquor Permit. CLASS "C" COMMERCIAL ESTABLISHMENT Daniel D. Boge, 400 Central Av- enue Marco Giunta, 2022 Central Avenue Pete S- Sfikas & Gust Karigan, 401-405 Central Avenue Passed, adopted and approved this 28th day of July, 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 Scbultz. Carried by tbe foUowing vote: Yeas - Mayor Pregler, Council- men Coucbman, Meyers, McCauley, Schultz. Nays - None. There being no furtber business Mayor Pregler moved to adjourn. Seconded by Councilman McCau- ley- Carried by the foUowing vote: Yeas - Mayor Pregler, Council- men Couchman, Meyers, McCaUley, Schultz. Leo F. Frommelt, City Clerk Approved ..............1969 Adopted ..........1969 "00""'00"0000'0000'0000"00"0000""'0000""""""00 ....................... Councilmen Attest: """'-""'--""""" City Clerk