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1967 February Council Proceedings 79 February 3, 1967 To the Honorable Mayor and City Council Gentlemen: Enclosed is tbe Annual Report of the City Auditor's Office for the year 1966. RespectfuIly submitted, Gilbert D. ChaveneIle City Manager Councilman Schultz moved that the report be received and filed. Seconded by Councilman McCau- ley. Carried by the foIlowing vote: Yeas - Mayor Ludwig, Council. men McCauley. Pfohl, Pregler. Schultz. Nays-None. Communication of George Buell expressing thanks for a job well done by Street Commissioner Al- len and his crew in the removal of snow from the streets after the snowstorm of Fehruary 4th and 5th, 1967, presented and read. Mayor Ludwig moved that the communication be received and filed and that a copy of same be sent to the street department. Seconded by Councilman Pregler. Carried by the fOIlowing vote: Yeas - Mayor Ludwig, Council- men McCauley, pfohl, Pregler, Schultz. Nays-None. Fehruary 2, 1967 Honorable Mayor and Members of the City Council Gentlemen: Attached hereto is a list of Judges and Clerks selected to serve at the Special Municipal Election to be held on February 21, 1967. We hereby this list. of RespectfuIly suhmitted, Leo F. Frommelt City Clerk Councilman Pfohl moved that the list be approved and received and filed. Seconded by Council. man McCauley. Carried by the foIlowing vote: Yeas - Mayor men McCauley, Schultz. Nays-None. Communication of Iowa Surety Co. submitting "Power of Attar. ney" in behalf of Leo Anthony Ludwig, CouncU Pfohl, Pregler approval request Regular Session, February 6, 1967 6, Council met 7:30 P.M. (C.S.T. Present-Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. City Manager Gilbert D. Chavenelle. CITY COUNCIL Mayor Ludwig read the caIl and stated that service thereof had been duly made and this is the regular monthly meeting of the City Council called for the purpose of acting upon such business as may properly come before the meeting. January 26, 1967 To the Honorable Mayor and City Council Gentlemen I herewith suhmit the report of the City Auditor, City Treas. urer, Water Works, as well as a list of claims and payrolls for which warrants were issued for the month of December 1966. Respectfully, Gilbert D. Chavenelle City Manager Councilman McCauley m 0 v e d that the reports be received and filed. Seconded by Councilman Pregler. Carried by the following vote: > Proof of Publication, certified to by the Publisher, of Statement of Receipts and a list of claims and payrolls for which warrants we reissued during December 1966, presented and read. Councilman Pfohl moved that the proof of publication be re- ceived and filed. Seconded hy Councilman Schultz. Carried by the following vote: Yeas - Mayor Ludwig, Council~ men McCauley, Pfohl, Pregler, Schultz. Nays-None. Ludwig, Council Pfohl, Pregler. February OFFICIAL Session, at Yeas - Mayor men McCauley, Schultz. Nays-Non Regular 1967. 81 the relocation of the Runway End Identifier Lights on Runway 31 at the Dubuque Municipal Airport. If the Agreement is satisfactory, please have the' proper official of your City sign the original and the three copies. Retain one copy for your records and return the original and two copies to this office. Upon acceptance by the Government a fully executed copy will be returned to your office for filing. When the project is completed the Government will send a bill- ing to your office for the actual cost incurred by the Federal Avia- tion Agency as set out in the agreement. Should you have any question regarding this agreement, please contact our office. Your attention to this matter will be appreciated. MKC-15 FAA AGREEMENT NO. MEMORANDUM OF AGREEMENT between FEDERAL AVIATION AGENCY and CITY OF DUBUQUE, IOWA WHEREAS, the Federal Avia- tion Agency, Kansas City, Mis- souri, hereinafter referred to as the FAA, is in a position to fur- nish directly or by contract the materials, supplies, and services described herein, which the City of Dubuque, Iowa, hereinafter re- ferred to. as the City, requires, has funds available for, and has determined should he obtained frDm the FAA; WHEREAS the FAA Act of 1958 (49 USC 1301) authorizes the furnishing af supplies, equipment, and services by the FAA to. the City upo.n a reimbursable payment basis; NOW, THEREFORE, the FAA and the City mutually agree as follows: Sincerely yaurs, Foster N. Wiley Realty & Contract Specialist Material & CDntract SectiDn Airway Facilities Branch 4 6, 1967 Regular Session, February February 6, Ron. Mayor & City Council Gentlemen: On March 16, 1964, original natice with petition attached filed by Plaza 20, Inc. in the District Caurt in and for Dubuque Caunty, Iowa, Equity No.. 80555, same be- ing a quiet title actiDn by the plaintiff, Plaza 20, Inc. against respective defendants of whDm City Df Dubuque was one. 1967 Enclasures This matter was referred to. the City AttDrney and subsequently trial af said cause was had before the CDurt withDut a jury. Plaintiff saught to. acquire title to the fol~ lowing described real estate: "(1) East 50 feet of Lot 2 of Burkart Subdivision in the City af Dubuque, Iowa; or (2) Lot 2 of "Plaza 20 NO.2" in the City af Dubuque, Iowa; and (3) Lot 2 of Sub. of Lot 2 of Lot 1 of Lot 1 of George JeckIin Farm, in the City of Dubuque, Iowa." That the court entered decre'e dismis"ling plaintiff's petition and enjoining the plaintiffs interfer- ing in any way with, or obstruct- ing, the general public use of the area described hereinabove, and assessing the costs of the action against the plaintiff. Original notice with and decree af caurt are attached. RespectfulIy submitted, R. N. Russo City Attorney Councilman Pfohl moved that the communciation be received and filed and made a matter of recard. Seconded by Councilman Pregler. Carried by the fOIlowing vote: Yeas - Mayor Ludwig, McCauley, Pfohl, 1967 On February 28, 1966, original nDtice af suit together with peti~ tion attached was served upon the City of Dubuque in the matter of Minnie Weber vs. Interstate Pawer Company and City of Du- buque, IDwa, which action was filed in the District Court of Iowa in and for Dubuque County, Law No. 37883, w her e i n plaintiff claimed the sum of $6,800.00 for injuries allegedly suffered by the plaintiff in the falI aIlegedly oc- curring an November 27, 1965, in alighting frDm a bus at night time and tripping over the difference in grade between the street and the driveway curb cut at or near 2272 Central A venue as a result of which fall she suffered per- sonal injuries incurring hDspital expense, doctor expense and loss of wages. That said original no. tice with petition attached was referred to the City Attorney and appropriate resistance was made thereto and that the plaintiff bas made an offer of settlement in the amount of $1365.00 and one- half and court costs to be paid by the City in the amount of $18.00. petition herewith It is the recommendatiDn of the City Attorney that said offer of settlement be accepted and that the City AuditDr be instructed to draw a warrant payable to Minnie Weber in the amount of $1365.00 and to draw a warrant payable to Clerk of the District Court in the amount of $18.00 and transmit same to the City Attorney for delivery upon receipt of dismissal af said cause with prejudice and appropriate releases. Original notice with petition is returned herewith. Session, February Nays-None. Communication af Iowa Surety Co. submitting "Power of Attar- ney" in behalf af Charles E. Met- tel, Alphonse J. Mihm, Donald J. Hingtgen authOrizing issuance of bonds not to exceed $200,000., presented and read. Councilman Pfohl moved that the Power of Attorney be received and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Ludwig, Council. men McCauley, Pfohl, Pregler. Schultz. February 3, 1967 Hon Mayor & City Council Gentlemen: In January 12, 1967, Wayne R. McDonnell filed claim against the City of Dubuque alleging back up of sewer causing flooding of base- ment on January 8, 1967 and claiming damages in the amount of $325.00. This matter was referred to the appropriate City agency and the City Attorney was advised on Jan- uary 31, 1967, that said claim was disposed of to. the satisfaction Df Mr. McDonnell. In view of the foregDing I rec- ommend that the claim filed against the City of Dubuque be denied. Cauncil- Pregler, February 3, 1967 MKC-420 Honorable Walter A. Pregler Mayor of Dubuque, Iowa Dubuque, Iowa 52001 Dear Mayor Pregler: Weare enclasing an original and three capies of Reimbursable Agreement MKC-15, between the Federal Aviation Agency and the City of Dubuque, Iowa, covering 1967 February 6, Hon. Mayor & City Council Gentlemen: 6, Steffen, Lawrence G. Healy, Jo- seph C. Tschudi, authorizing issu- ance of bonds not to exceed $200,- 000., presented and read. Council- man Pfohl moved that the Power of Attorney be received and filed. Seconded by Councilman Pregler. Carried by the fOllowing vote: Yeas - Mayor Ludwig, Council- men McCauley, Pfahl, Pregler, Schultz. Regular Nays-None. so men Schultz. Nays-None. Respectfully submitted, R. N. Russo. City Attorney Councilman Pfohl moved that the recammendation of the City Attorney be approved. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays-None. is returned here- claim Respectfully submitted, R. N. Russo City Attorney Mayor Ludwig moved that the recommendation of the City At- torney be approved. Seconded by Councilman Schultz. Carried by the fallowing vote: Yeas - Mayor Ludwig, men McCauley, Pfohl, Schultz. Nays-None. Council Pregler Original with. I,i" 83 a minor, by his father and next friend in the amount of $14,500 for personal injuries received by said minor as the result of falling into a manhole, due to a defective man- hole cover, at W. 5th Street be- tween Locust and Bluff Street, on November 28, 1966, presented and read. Councilman Pregler moved that the notice of suit be referred to the City Solicitor for investiga- tion and report. Seconded by Coun- cilman McCauley. Carried by the following vote: Yeas - Mayor men McCauley, Schultz. Nays-None. Council- Pregler, Notice of Suit of Elizabeth C. Breitbach, in the amount of $5,000. for personal injuries received as the result of falling into a storm sewer at 2184 Keyway Drive on November 10, 1966, presented and read. Councilman Pregler moved that the notice of suit be referred to the City Solicitor for investiga- tion and report. Seconded by Councilman McCauley. Carried by the following vote: Yeas - Mayor Ludwig, Council~ men McCauley, Pfohl, Pregler, Schultz. Nays-None. Notice of claim of William J. Baker of 2148 Graham Circle, in the amount of $804. for damage in- curred as the result of a sanitary sewer backing up into his home on December 8th and December 9th, 1966, presented and read. Council- man Pregler moved that the notice of suit be referred to the City Solicitor for investigation and re- port. Seconded by Councilman McCauley. Carried by the following vote: Yeas-Mayor men McCauley, Schultz. Nays-None. Council Pregler, January 30, 1967 To the Honorable Mayor and City Council Gentlemen: I recommend that Rowan Street be renamed Julien Dubuque Drive; and that Old Timers Road from Asbury Street northerly to the City Limits be renamed John F. Ken- nedy Road, and that East Ninth Street from East Twelfth Street to Pine Street be renamed Kerper Boulevard. Ludwig, Pfohl, Ludwig, Pfohl, Session, February 6, 1967 referred to the City Solicitor for investigation and report. Seconded by Councilman McCauley. Carried by the following vote: Yeas - Mayor Ludwig, Council men McCauley, Pfohl, Pregler Schultz. Nays-None. Notice of claim of Mrs. Richard A. Haupert, of R.R. #3 DUbuque, in the amount of $13.00 for per- sonal injuries received in a fall due to a defective sidewalk at 1866 Washington St. on December 24, 1966, presented and read. Coun- cilman Pregler moved that the notice of claim be referred to the City Solicitor for investigation and report. Seconded by Councilman McCauley. Carried by the following vote: Yeas - Mayor Ludwig, men McCauley, pfohl, Schultz. Nays-None. Council- Pregler, Notice of claim of David B. Cas- sat of 890 Mt. Carmel Road, in the amount of $5000. for personal in- juries received as the result of his motor vehicle striking an unlighted traffic island in the 1500 hIock of Locust Street on December 23, 1966, presented and read. Council- man Pregler moved that the notice of claim be referred to the City Solicitor for investigation and re- port. Seconded by Councilman Mc- Cauley. Carried by the following vote: Yeas - Mayor Ludwig, men McCauley, Pfohl, Schultz. Nays-None. Council- Pregler. Notice of claim of Ruth Lyon Cassat of 890 Mt. Carmel Road, in the amount of $2500. for personal injuries received while in the car of David B. Cassat, plus car dam- age in the amount of $767.95, as the result of her motor vehicle striking an unlighted traffic island in the 1500 block of Locust Street on December 23, 1966, presented and read. Councilman Pregler moved that the notice of claim be referred to the City Solicitor for investiga- tion and report. Seconded by Coun- cilman McCauley. Carried by the following vote: Yeas - Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays-None. Notice of Suit of David Reiter, Regular 6, 1967 necessary liquidating expenses. b. The City hereby identifies the office to whIch hiIls wiIl be rendered as ....................................... ARTICLE ill-Amendment Any change in the supplies, equipment or services to be fur- nished under this Agreement shall be formalized by an appropriate written amendment to the Agree- which shall outline in detail the exact nature of the change. ARTICLE IV-Effective Date This Agreement supersedes any previous Agreements between the parties on the subject matter set forth in Article I hereof is effec~ tive on acceptance. ARTICLE V-Revocation This Agreement may be revoked at any time by either party hy 60 days' notice in writing. The FAA and the City agree to the provisions of this agreement as indicated by the signatures of their duly authorized officers. FEDERAL Councilman pfohl moved that the Mayor be authorized to sign the agreement subject to approval of the Airport Commission. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Ludwig, Council- men McCauley, pfohl, Pregler, Schultz. Nays-None. Notice of claim of Mrs. Loretta Delaney of 8841h: University Ave., in an unspecified amount, for per- sonal injuries received in a fall due to an icy sidewalk at 837 Univer- sity, on December 12, 1966, present- ed and read. Councilman Pregler moved that the notice of claim be AGENCY IOWA Harold M. Corder Contracting Officer OF DUBUQUE, AVIATION Regular Session, February Title: Date: CITY By: Title Date: By: 800.00 205.00 $5,396.00 Overhead 405.00 Total Estimated Cost ......$5,801.00 It is understood and agreed by the City that in the event the actual costs exceed the estimated costs hy 10% or more, the City's liability (reimbursement) to FAA shall not exceed $5,801.00, plus 10% ($580.10), or a total actual cost of $6,381.10. FAA Agrement No. MKC-15 FAA and City of Dubuque, Iowa ARTICLE II-Payment of FAA Costs a. The City will reimburse the FAA for the actual project costs incurred by the FAA in furnish- ing the supplies, materials, and services, under this Agreement; Provided, however, that upon rev- ocation or termination of the Agreement for any caUSe the City wiIl reimburse the FAA for aU ARTICLE I-Title and of Project The City has a proposed project to extend Runway 31 of the Du. buque Municipal Airport at Du- buque, Iowa, by approximately 900 feet. The extension of the' runway will make it neecssary to relocate the REIL's (Runway End Identifier Lights) on Runway 31. The FAA wiIl relocate, hy con- tract or otherwise, the REIL's and the City wiIl reimburse the FAA based on the following cost es- timates: Plant Engineering ............$ Plant Supervision ............ Removal of REIL concrete pads and lights .............. Trenching & Backfilling for additional Cable .... Cable 1200 feet 3/ c No. 4, power, DEB at $1.00 1.f. .................................... Cable, 11 c No.8, bare, copper, solid, 1200 feet at 8t lJ. .......................... Installation of cables, 2400 feet, at 15l! 1.f. .............. InstaIlation of 4-inch split duct & 4-inch duct UD- der taxiway 120 ft. at $6.75 l.f. .......................... Installation, concrete pad and REIL light ......... Flight Check-l hour 210.00 295.00 270.00 1,150.00 1,200.00 96.00 360.00 810.00 Description Administrative 7'h% 82 85 and read. Councilman Pregler moved that the petition be granted subject to approval of the Mayor and City Manager. Seconded by Councilman McCauley. Carried by the following vote: Ludwig, Caun- Pfohl, Pregler, Petition of R. F. Sefzik of 430 Clark Street requesting permission to address the Council at this meeting relative to a published re- port in the newspaper that the Council was holding secret meet- ings, presented and read. Council_ man Pregler moved that the peti- tion be received and filed. Sec- onded by Councilman Schultz. Car- ried by the following vote: Yeas - MaYor Ludwig, men McCauley, Pfohl, Schultz. Nays-None. Mr. Sefzik addressed the Council relative to the holding of secret meetings and referred especially to the one that was held on Janu- ary 19, 1967 from an article pub. lished in the Telegraph-Herald. He requested that the holding of sec- ret meetings be discontinued as the citizens have a right to know very- thing that goes on in City govern- ment. Petition of George F. Zillig re. questing a refund of $250. on the unexpired portion of Liquor Li- cense No. C-2695, as he has dis- continued business on January 1, 1967. presented and read. Coun- cilman Pregler moved that the peti. tion be granted and the Auditor instructed to issue proper warrant. Seconded by Councilman Pfohl. Carried by the following vote: Yeas - Mayor Ludwig, Council. men McCaUley, Pfohl, Pregler, Schultz. NaYs-None. Session, February 6, 1967 Yeas - Mayor cHmen McCauley. Schultz. NaYs-None. Petition of Alfred E. Hughes et al (606 signers), Nativity school group, requesting the installation of a crossing signal light in the vi- cinity of University & Nevada street, presented and read. Councilman Pregler moved that the petition be received and filed. Seconded by Mayor Ludwig. Car- ried by the fOllowing vote: Yeas - Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler. Schultz. NaYs-None. Petition of Dale D. Phillips et al (370 signers), Lincoln school group, requesting the installation of a crossing signal light in the ViCinity of University & Nevada street. presented and read. Coun- cilman Pregler moved that the pe- tition be received and filed. Sec- onded by Mayor Ludwig. Carried hy the following vote: Yeas - Mayor Ludwig, Coun- cilmen McCaUley, Pfohl, Pregler, Schultz. Nays-None. Mr. Harold Conzett of 895 Kirk- wood addressed the Council in be- half of the Nativity P.T.A. organi. zation stressing the need for a crossing signal light in the vicin- ity of University & Nevada in or- der to furnish proper protection for the many children that cross University every school day going to and from Nativity and Lincoln schools. Mr. Wm. Watters, principal of Lincoln School also stressed the need for the signal crossing light by stating that this is a coopera- tive venture between the two schools. City Engineer White was asked to comment on the petitions and he stated that the idea of a light in the area has been under study for some time. It is estimated that the cost would be approximately $10,000, with construction in mind possibly this spring. Petition Mu Sigma Beta Frater- nity of University of Dubuque re- questing permission to sell project- pakes of light bulbs from February 11th to 18th 1967 for the henefit of their "spring rush," presented i ili !Ii Ii 'i I,'i I, 'i I, I,ll " i l!l~1 Yeas cHmen Schultz. Nays-None. Petition of Girl Scout Troop #54 requesting permission to present their ideas on a flag for the City of Dubuque and also requesting permission to represent the City in their trip to Mexico under the motto "NEW TEEN IMAGE" and further call attention to the dis- graceful way in which the United States flag is treated throughout the City, presented and read. Councilman Pfohl moved that the rules be suspended in order to let anyone present address the Council if they so desire. Seconded by Councilman Pregler. Carried by the following vote: - Mayor Ludwig, Coun- McCauley, Pfohl, Pregler, - Mayor McCaUley, Yeas cilmen Schultz. NaYs-None. Council Pregler, Nays-None. Kathy Avery, Judy Streinz, Judy Miller, Liz Rhomberg through Pat Nelson all presented flag designs to the Council. They requested that the Council review the flag designs and hoped that a decision would be made as to the most de. sirable design. Councilman Pregler moved that the petition be received and filed. Seconded by Councilman Schultz. Carried by the following vote: Yeas - Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. Yeas cilmen Schultz. I suggest that the ordinance be given preliminary readings and then set aside to a subsequent meeting for final reading and con- sideration so that sufficient time will be allowed for citizens to make any possible objections to these changes. Respectfully submitted, Gilbert D. Chavenelle City Manager Councilman Pfohl moved approv- al of the Manager's recommenda- tion. Seconded by Councilman Schultz. Carried by the following vote: Nays-None. Councilman Pregler further moved that the Girl Scout Troop be given permission to represent the City under the motto "New Teen Image" on their proposed trip to Mexico. Seconded by Coun- cilman Pfohl. Carried by the fol- lowing vote: Yeas - Mayor Ludwig, Conn- Nays-None. cilmen McCaUley, Pfohl, Pregler, Petition (copy of) sent to Inter- Schultz. state Power Company, by M. J. Kahle, requesting consideration for extension of the bus route so as to cross Devon Drive thence go past or through Plaza 20 Shopping Cen~ ter, presented and read. Council- man Pfohl moved that the petition be referred to the City Manager. Seconded by Councilman Schultz. Carried by the following vote presented and read. Councilman Pregler moved that the Ordinance be set aside until the Regular Council meeting of March 6, 1967, in order to give the citizens an opportunity to be for or against final passage of the Ordinance. Seconded by Council. man McCauley. Carried by the fol- lowing vote: Yeas - Mayor cHmen McCauley, Schultz. LUdwig, Conn- Pfohl, Pregler, Petition of Richard G. Rink re- questing a refund of $150. on the expired portion of cigarette license No. 65, as he has discontinued business on January 31, 1967, pre- sented and read. Councilman Preg- ler moved that the petition be granted and the Auditor instructed to issue proper warrant. Seconded by Councilman Pfohl. Carried by the follOWing vote: Nays-None. Petition of Dubuque Packing Co. requesting renewal of a restricted plumber's license issued to Archie T. Kuehn, presented and read. Councilman Pfohl moved that the petition be referred to the Plumb- ing Board. Seconded by Mayor Ludwig. Carried by the following vote: Ludwig, Coun- Pfohl, Pregler, Regular . Ludwig, Coun~ Pfohl, Pregler, 6, 1967 - Mayor McCauley, Regular Session, February 84 Ludwig, Coun- Pfohl, Pregler, ORDINANCE ND_ 8-67 An Ordinance changing the names of the following streets within the City of Dubuque: Rowan Street from the N.P.L. of S. Grandview Ave. to the S.P.L. of Kerrigan Road shall be called Julien Dubuque Drive; Old Timers Road from the N.P. L. of Asbury Street north to the City Limits shall be called John F. Kennedy Road: E. Ninth St. Extension from S.P.L. of E. 12th Street to the E.P.L. of Pine Street shall be called Kerper Blvd. - Mayor McCauley, Yeas cHmen Schultz. Nays-None. 'U .J- =~~'''''''F~~~-.=''''_ Regular Session, February 6, 1967 87 RESOLUTION NO. 37-67 RESOLUTION NO. 38-67 WHEREAS, applications for Beer WHEREAS, applications for Li- Permits were filed by the within quor Permits have been submitted named applicants and they have reo to this Council for approval and ceived the approval of this Coun- the same have been examined, cil; and NOW THEREFORE BE IT RE- WHEREAS, the premises to be SOLVED, by the City Council of occupied by such applicants were the City of DUbuque. Iowa, that the inspected and found to comply with following applications be granted the ordinances of this City and and licenses issues upon the com. they have filed proper bonds: pliance with the terms of the NOW THEREFORE, BE IT RE- IOWA LIQUOR CONTROL ACT- SOLVED by the City Council of the CHAPTER 123-as amended by the City of Dubuque, Iowa, that the 60th General Assemhly, 1963. Manager be and he is hereby di- rected to issue to the foIlowing CLASS "C" COMMERCIAL named applicants a Beer Permit. ESTABLISHMENT The Navy Club, Ship No. 67, 469 CLASS "B" BEER PERMIT Main Street Clarence J. Hagge, 1415 Rhomherg Jay E. WiIliams, 1027 Rhomberg A venue Avenue Carl Nagelmaker, 3203 Jackson Gerald Clarence Kirchherg, 3165 Street Central Avenue John L. Sullivan, 2995 Central Av- Passed, adopted and approved enue this 6th day of February, 1967. Joseph P. & Bernice M. HiIlard, Richard Ludwig 431 Rhomberg Avenue Mayor Jay E. Williams, 1027 Rhomherg M. Sylvester McCauley Avenue Merlin F. Schultz Gerald Kirchberg, 3165 Central Av- Eldon A. Pfohl enue Walter A. Pregler Kenneth Jerome Love, 802 !'Owa Councilmen Street Attest: Leo F. Frommelt, CLASS "C" BEER PERMIT City Clerk National Food Stores 1313 Dodge Councilman pfohl moved adop- Street tion of the resolution. Seconded by The Great Atlantic & Pacific Tea Mayor LUdwig. Carried by the fol- Co., 2685 Dodge Street lowmg vote: . . BE IT FURTHER RESOLVED Yeas - Mayor LUdWIg, CounCIl- th t th b d f'l d b h Ii men McCauley, Pfohl, Pregler, a e on s ley sue app. Schultz cants be and the same are hereby Nays.:.-None. approved. Passed, adopted and approved this 6th day of February, 1967. RESOLUTION NO. 39-67 Richard Ludwig WHEREAS, applications for Li- Mayor quor Permits were filed by the M. Sylvester McCauley within named applicants and they Merlin F.. Schultz have received the approval of this Eldon A. Pfohl Council, and Walter A. Pregler . Councilmen ~REAS, the pre~llses to be Attest. occupIed by such applicants were Leo'F Frommelt inspected and found to comply with City Clerk ' the State Law and all City ordin- . ances relevant thereto and they CouncIlman Pregler moved adop. have filed proper bonds. tion of the resolution. Seconded I ' by Councilman Schultz. Carried by NOW THEREFORE BE IT RE- the fOIlowing vote: SOLVED by the City Council of Yeas - Mayor Ludwig, Council Dubuque, Iowa, that the Manager men McCauley, Pfohl, Pregler. be authorized to cause to be issued Schultz. to the following named applicants Nays-None. a Liquor Permit. Session, February 6, 1967 Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Pfohl. Carried by the following vote: Yeas - Mayor men McCauley, Schultz. Nays-None. Council Pregler 802 CLASS "C" BEER PERMIT National Food stores, 1313 Dodge Street The Great Atlantic & Pacific Tea Co., 2685 Dodge Street Passed, adopted and approved this 6th day of February, 1967. Richard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler Councilmen Attest: Leo F. Frommelt, City Clerk Mayor Ludwig moved adoption of the resolution. Seconded by Coun. cilman Pfohl. Carried hy the fol- lowing vote: Yeas - Mayor men McCauley, Schultz. Nays-None. Council Pregler Ludwig, Pfohl, RESOLUTION NO. 36-67 WHEREAS, applications for Beer Permits have been submitted to this Council for approval and the same have been examined: NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the following applica- tions be granted and licenses be issued upon the compliance with the terms of the ordinances of the City. CLASS B BEER PERMIT Clarence J. Hagge, 1415 Rhomberg Avenue Carl Nagelmaker, 3203 Jackson Street John L. Sullivan, 2995 Central Av- enue Joseph P. & Bernice M. Hillard, 431 Rhomerg Avenue Jay E. Williams, 1027 Rhomberg Avenue Gerald Kirchherg, 3165 Central enue Kenneth Street Av- Iowa Love, Ludwig, Pfohl, Jerome Regular Ludwig, Pfohl, Yeas - Mayor men McCauley, Schultz. Nays-None. Petition of Nona Mahoney, reo questing a refun dof $150. on the unexpired portion of Beer license No. 123, as she has discontinued business on February 6, 1967, pre- sented and read. Councilman Preg- ler moved that the petition be granted and the Auditor instructed to issue proper warrant. Seconded by Councilman Pfohl. Carried by the following vote: Yeas - Mayor Ludwig, Council. men McCauley, Pfohl, Pregler, Schultz. Nays-None. Petition of Nona Mahoney, re- questing a refund of $25. on the un- expired portion of cigarette li- cense No. 294, as she has discon- tinued business on February 6, 1967, presented and read. Council- man Pregler moved that the refund be granted and the Auditor in- structed to issue proper warrant. Seconded by Councilman Pfohl. Carried by the following vote: Yeas - Mayor Ludwig, Council. McCauley, Pfohl, Pregler, men Schultz. Nays-None. RESOLUTION NO. 35-67 BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the following having complied with the provisions of law relating to the sale of Cigarettes within the City of Dubuque, Iowa, be granted a permit to sell Cigar. ettes and Cigarette Papers within said City. Name Address Gerald Clarence Kirchberg, 3165 Central Avenue BE IT FURTHER RESOLVED THAT THE BONDS FILED WITH THE APPLICATION BE APPROV- ED. Passed, adopted and approved this 6th day of February, 1967. Richard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler Councilmen Attest: Leo F. Frommelt, City Clerk Council Pregler, 86 -- zoning was received. Four resi- dents of the immediate vicinity spoke in oPposition to the rezon. ing. Those persons speaking in op- position to the rezoning indicated that when they hought homes in the area, they felt assured that the entire plot of West Side Man- or would be huilt as proposed. It was the opinion of the residents of the area, that by reducing the size of the subdivision to allow commercial expansion would re- duce the desirability of the area for their homes. CITY COUNCIL OFFICIAL February 22. Speda 1967. Council at (C.S.T.) Present - Mayor Ludwig, Councilmen McCauley, Pregler, Schultz. City Managar Gilbert D. Chavenelle. Absent-Councilman Pfohl, P.M. 7:30 Session, met Regular Session, February 6, 1967 Yeas - Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays-None. There being no further business Councilman McCauley moved to ad- journ. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor McCauley, Council- Pregler, men Schultz. Nays-None. Leo F. Frommelt, City Clerk Ludwig, Pfohl, 88 CLASS "C" COMMERCIAL ESTABLISHMENT The Navy Club, Ship #67, 469 Main Street Jay E. Williams, 1027 Rhomberg Avenue Gerald Clarence Kirchberg, 3165 Central Avenue Passed, adopted and approved this 6th day of Fehruary, 1967. Richard Ludwig Mayor M. Sylvester McCauley Merlio F. Schultz Eldon A. pfohl Walter A. Pregler Councilmen liP' I" Ill' ',1,1 II ,lliJUJ' c' It was the opinion of the Com- mission that a substantial amount of the West Side Manor Suhdivi- sion has been developed as origi- naIIy planned that there should be no change made in the plan for the area a tthis time. It is the rec- ommendation of the Planning and Zoning Commission that the re- quest be denied. RespectfUlly suhmitted, Frank Glah, Secretary Councilman Pregler moved that the recommendation of the Plan- ning & Zoning Commission be uIr held. Seconded by Councilman Mc- Cauley. Carried by the foIIowing vote: Yeas - Mayor Ludwig, Council- men McCaUley, Pregler, Schultz. Nays-None. Absent-Councilman Pfohl. Mayor Ludwig moved that the rules be suspended in order to let anyone present address the Coun- cil if they so desire. Seconded by Councilman Schultz. Carried by the follOWing vote: Yeas - Mayor Ludwig, Council- men McCauley, Pregler, Schultz. Nays-None. Absent-Councilman Pfohl Attorney Robert Bertsch, repre- senting Midwest Developers, stated that the reason for rezoning of part of West Side Manor Subdivi- sion was that Ford Motor Co. pro- poses to erect a building in excess of $400,000. The suhdivision al- ready abuts business and light in- dustrial zones along John F. Ken~ nedy Road and the building by Ford would be an extension of the Kennedy square shopping center. There would be no through traffic to the Subdivision due to the dif- ference in the proposed building elevation, which would be approxi- mately thirty to forty feet lower Mayor Ludwig read the caIl and stated that service thereof had been duly made and this meeting is called for the purpose of declar- ing the results and submitting a canvass of the Special Municipal Election held on February 21, 1967 on propositions to construct a new Fire Station at Ninth and Central Ave.-for construction of a new Fire Station on John F. Kennedy Road;-and for construction of a Municipal Garage, and acting upon such other business as may prop- erly come before a Regular meet- ing of the City Council. Communication of S1. Joseph Mercy Hospital agreeing to dedi- cate to the public for street pur- poses the fallowing 20' parcels of real estate lying on the southerly side of MazzucheIIi street, Lot 2 of 1 of Lot 19 of Outlot 724, Lot 2 of 2 of Lot 10 of M.L. 73, Lot 2 of 4 of M.L. 72, and Lot 2 of 1 of Lot 5 of M.L. 72, presented and read. Councilman Pregler moved that the communication be re- ferred to the City Solicitor for proper proceedings. Seconded by Councilman Schultz. Carried by the following vote: Yeas - Mayor Ludwig, Coun- cilmen McCauley, Pregler, Schultz. Nays-None. Absent-Councilman pfohl. February 15, 1967 Honorable Mayor and Councilmen Dear Mayor and Councilmen: The City Planning and Zoning Commission has reviewed a request for rezoning of the property on Kennedy Road directly north of the Kennedy Square Shopping Cen- ter from single family residences to local business B. At a public hearing held on February 9th, a petition bearing 57 signatures objecting to the re- ~. 967 967 Approved ..........................counciimen. Attest .................... City Clerk Adopted Attest: Leo F. Frommelt, City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Schultz. Carried by the following vote: Yeas-Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays-None. Council went into executive Session at 8:45 P oM. - Recon- vened at 8:50 P.M. Councilman Pregler moved that Mrs. James O'Brien be appointed to fill the unexpired term of Mrs. Wilbur Dalzell on the Playground and Recreation Commission to July 5, 1967. Seconded by Councilman McCauley. Carried by the following vote: jll~l'i .' 91 of were issued for January 1967. Respectfully, Gilhert D. ChaveneUe, City Manager Councilman Pregler moved that the reports be received and filed. Seconded by Councilman Schultz. Carried by the following vote: Yeas - Mayor Ludwig, Council- men McCauley, Pregler, Schultz. Nays-None. Absent - Councilman Pfohl. Proof of Publication, certified to by the Publisher, of Statement of Receipts and a list of claims for which warrants were issued during the month of January 1967, pre- sented and read. Mayor Ludwig moved that the proof of publication be received and filed. Seconded by Councilman Schultz. Carried by the fOllowing vote: Yeas - Mayor Ludwig, Council- men McCauley, Pregler, Schultz. Nays-None. Absent - Councilman Pfohl. February 22, 1967 To the Honorable Mayor and City Council Gentlemen: I recommend that 26 new street lights be installed on John F. Ken- nedy Road from Asbury to High- way 20. The lights are to he 250 watt mercury vapor lights. Respectfully requested, Gilbert D. ChaveneIle, City Manager Mayor Ludwig moved that the recommendation of the City Man- ager be approved. Seconded by Councilman McCauley. Carried by the following vote: Yeas - Mayor Ludwig, Council- men McCauley, Pregler, Schultz. NaYS-None. Absent - Councilman Pfohl. February 20, 1967 To the Honorable Mayor and City Council Gentlemen: This letter is in response to the petition of the Dubuque TV-FM Cable Company for a rate increase which was presented to the Coun. cil on January 23rd. Cable television companies are not public utilities in a true sense though may be considered a I<fili_ gree variety" of public utility, a name suggested by U.S. Supreme Court Justice Douglas when refer. month the 22, 1967 February Session, 1967 February 15, 1967 To the Honorable Mayor and City Council Gentlemen: Enclosed is the report of the Health Department for the month of Decemher, 1966. Respectfully submitted, Gilhert D. ChaveneIle, City Manager Councilman Pregler moved that the report be received and filed. Seconded by Mayor Ludwig. Car- ried by the fOllowing vote: Yeas - Mayor Ludwig, Council- men McCauley, Pfohl, Schultz. Nays-None. Absent-Councilman Pfohl. Fehruary 20, To the Honorable Mayor and City Council Gentlemen: I herewith submit the reports of the City Auditor and the City Treasurer for the month of January 1967, as well as a list of claims and payrolls for which warrants February 13, To the Honorable Mayor and City Council Gentlemen: Enclosed is the Annual Report of the City Treasurer's office for the year 1966. RespectfuIly submitted, Gilhert D. Chavenelle, City Manager Councilman Pregler moved that the report be received and filed. Seconded by Councilman Schultz. Carried by the following vote: Yeas - Mayor Ludwig, Council men McCauley, Pregler, Schultz. NaYs-None. Absent-Councilman Pfohl. Fehruary 15, 1967 To the Honorable Mayor and City Council Gentlemen: Enclosed is the report of the Water Department for the month of January 1967. RespectfuIly submitted, Gilbert D. ChaveneIle, City Manager Councilman Schultz moved that the report be received and filed. Seconded by Councilman Pregler. Carried by the foIlowing vote: Yeas - Mayor Ludwig, Council- men McCauley, Pregler, Schultz. Nays-None. Absent - Councilman Pfohl. 1967 Special Session, February 22, 1967 At a puhlic hearing held on February 9th, two letters and a petition bearing approximately 61 signatures objecting to the rezon- ing were received. Two persons spoke in favor of, and one in op- position to, the rezoning. It was pointed out that the prop- erty in question does not abut land that is zoned for multiple resi- dence. Approval of the request would establish a new and isolated nlultiple reside*e district that could be construed to be spot zon- ing. It was the opinion of the Com- mission that the area in the im- mediate vicinity of the property in question is a stahle residential area, and that rezoning to permit multiple residence uses would be undesirable at this time. n is the recommendation of the Commission that the request not be granted. Respectfully submitted, Frank Glab, Secretary Councilman Pregler moved that the recommendation of the Plan- ning & Zoning Commission be up- held. Seconded by Councilman McCauley. Carried by the foIlow- ing vote: Yeas - Mayor Ludwig, Council- men McCauley, Pregler, Schultz. Nays-None. Absent - Councilman Pfohl. Communication of County-City of Dubuque Authority submitting their financial statement for the calendar year of 1966, as prepared by O'Connor, Brooks, Ahrendt & Brooks, presented and read. Coun- cilman McCauley moved that the report be received and filed. Sec- onded by Councilman Pregler. Car- ried hy the foIlowing vote: Yeas - Mayor Ludwig, Council- men McCauley, Pregler, Schultz. Nays-None. Absent - Councilman pfohl. Communication of Playground and Recreation Commission submit- ting their 1966 annual report, pre- sented and read. Mayor Ludwig moved that the report be received and filed. Seconded hy Council man Pregler. Carried by the fol- lowing vote: Yeas - Mayor LUdwig, Counci men McCauley, Pregler, Schultz. Nays-None. Absent-Councilman Pfohl. than the subdivision. The level of the shopping center would be ap- proximately 825' whereas the homes set at 860'. The change of topography would also be a reason to rezone to commercial property. The present tax revenue is approx- imately $300 per year whereas if it was developed as contemplated it would go from $6000 to $7000 per year. Mr. Tom Voelker, one of the appraisers of the property, stated that the area used should be put to Class liB" zoning pur- pose, wihch would seem to be its best use. The developers would be willing to put in a buffer zone be- tween the presently existing sin- gle family and the proposed busi- ness center. If this would be put to business use it would be con. sistent with 90% of the property along John F. Kennedy Road. Mr. A. G. Heitzman one of the residents in West Side Manor ob- jected to the proposed rezoning, substantiated by a petition signed by all residents in the single family area, with the exception of two, for various specific reasons; - 1. When the property owners pur- chased lots in the area it was done with the understanding that the West Side Manor subdivision was to be all single family units, as stated by the realtor. 2.-Re- zoning of the area would extend the present shopping center area adjacent to the already developed single family residential area. 3.- Rezoning to Class liB" would de. tract from the desirability of the West Side manor area. Proposed area to be rezoned would take in 29 building lots, which is almost one-third of the original West Side Manor Subdi- vision. Mr. RusseIl Sault of 3466 Crestwood Drive stated that in his opinon a great deal more tax re- venue could be realized from the area if homes were built in the area rather than what is presently proposed for business use. 1967 Mayor and Councilmen: The Planning and Zoning Com- mission has reviewed a request to rezone the property at 1657 Dodge Street from two family to multiple residence. 15, February Honorable Mayor and City Council Dear Special 90 ~-.==-- Special Session, February 22, 1967 il..1 ~I Illi II j,i~1I ~. 93 Schmodlt who has incurred hos- pital and doctor bills as a result of said fall and she has made an offer of settlement in the amount of $92.98. It is the recommendation of the City Attorney that said offer of settlement be accepted and the City Auditor be instructed to draw a warrant payable to Elaine Schmoldt and Weldon Schmoldt in- dividually and as husband and wife in the amount of $92.98 and trans- mit same to the City Attorney upon receipt of duly executed release. Original claim is attached here- to. Respectfully suhmitted, R. N. Russo, City Attorney Councilman Schultz moved that the recommendation of the City Attor- ney be approved. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor LUdwig, Council- men McCauley, Pregler, Schultz. NaYS-None. Absent-Councilman Pfohl. Notice of claim of Kenneth G. Cullen of 2120 Foye Street, in the amount of $800. for personal injur- ies received in a fall in the cross- walk at 10th & Jackson St. on January 9, 1967, due to accumu- lation of ice and snow, presented and read. Mayor Ludwig moved that the claim be referred to the City Solicitor for investigation and report. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Ludwig, Council- men McCauley, Pregler, Schultz. Nays-None. Absent-Councilman Pfohl. Notice of claim of Mary Ann Delaney of 481 Clark St., in an undetermined amount, for personal injuries received in a fall at 449 Clark Street, due to an accumula- tion of ice and snow on February 11, 1967, presented and read. May- Or Ludwig moved that the claim be referred to the City Solicitor for investigation and report. Sec- onded by Councilman Pregler. Car- ried by the following vote: Yeas - Mayor Ludwig, Council- men McCauley, Pregler, Schultz. Nays-None. Absent-Councilman Pfohl. Notice of claim of Elsie Mary Mikkelsen of 590 Alta Vista St., in Councilman McCauley. Carried by the following vote: Yeas - Mayor Ludwig, Council- men McCauley, Pregler, Schultz. Nays - None. Absent - Councilmen Pfohl. 1967 Honorable Mayor and City Council Gentlemen: On January 29, 1966, Bernice Heles of 243 West 11th Street, Du- buque, Iowa (now residing at 201 West 17th St., Dubuque, Iowa) filed claim against the City for injur- ies she suffered on January 19, 1966, as the result of a faIl in the north-south crosswalk on the south- west corner of 11th & Locust Streets, claiming an accumulation of ice and snow thereat. I have conferred with Miss Heles who has incurred hospital and doc- tor bills as a result of said fall and she has made an offer of set- tlement in the amount of $250.00. It is the recommendation of the City Attorney that said offer of settlement be accepted and the City Auditor be instructed to draw a warrant payable to Bernice A. Heles in the amount of $250.00 and to transmit same to the City Attor- ney upon receipt of duly executed release. Original claim is attached here- to. RespectfUlly submitted, R. N. Russo, City Attorney Councilman McCauley moved that the recommendation of the City Attorney be approved. Second- ed by Councilman Schultz. Carried hy the fOllOWing vote: Yeas - Mayor Ludwig, Council- men McCauley, Pregler, Schultz. Nays - None. Ahsent - Councilman Pfohl. Fehruary 21, 1967 Honorable Mayor and City Council Gentlemen: On January 19, 1967, Mrs. Elaine Schmoldt of 1295 Cerro Drive, Dubuque, Iowa, filed claim against the City for injuries she suffered on January 2, 1967, as the result of a faIl on the public sidewalk abutting 1295 Grove Terrace in the City of Dubuque, by reason of said sidewalk having an accumulation of ice and snow thereon. I have conferred Mrs. February 21, with 22, 1967 February 22, 1967 To the Honorable Mayor and City Council Gentlemen: This is to advise that I have ap- proved the following bonds and desire to have your approval on same. February Honorable Mayor and City Council Gentlemen: On October 31, 1966, Mrs. Robert E. Schmitz of 3085 Brunswick St., Dubuque, Iowa, filed claim against the City of Dubuque, aIlegedly suf- fering from injuries received in a fall in a hole in the street on Kniest Street near llillard's on October 28, 1966_ I have made an investigation of this matter and conferred with claimant who has made an offer of settlement in the amount of $60.00 and it is the recommenda. lion of the City Attorney that said offer of settlement be accepted and that the City Auditor be instructed to draw a warrant payable to Shirley Schmitz and Robert E. Schmitz, her husband in the amount of $60.00 and deliver same to the City Attorney for delivery to claimant upon receipt of duly executed release. Original claim is attached hereto. RespectfuIly suhmitted, R. N. Russo, City Attorney Mayor Ludwig moved that the recommendation of the City At- torney be approved. Seconded by SIDEWALK Gilhert Roling, Merchants Bonding Company Respectfully, Gilbert D. Chavenelle, City Manager Mayor Ludwig moved that the pOlicies and bond be filed subject to approval of the City Attorney. Seconded by Councilman Schultz_ Carried by the following vote: Yeas - Mayor LUdwig, Council- men McCauley, Pregler, Schultz. Nays - None. Absent - Councilman Pfoht 10, 1967 COMPREHENSIVE LIABILITY Saffran Construction Company, Bituminous Casualty Corporation Black & White, YeIlow & Checker Cab Co., Inc., The Aetna Casualty and Surety Co. Mutual Special Session, February RespectfuIly, Gilhert D. ChaveneIle, City Manager Councilman Pregler moved that the recommendation of the City Manager be approved. Seconded by Councilman Schultz. Carried by the following vote: Yeas - Mayor Ludwig, Council man McCauley, Pregler, Schultz. Nays-None. Absent-Councilman Pfohl ring to the imposition of full-scale conventional status of certain busi- nesses which are not ordinarily re- garded as such. An example of some of these businesses are cotton gins in the south, toll roads and bridges where privately operated, docks and etc. It is not unreason- able to consider the Company in question in this category. Such being the case, any equit- able rate must provide sufficient revenue to cover all proper operat~ ing expenses and in addition an adequate return upon the fair val- ue of property use in supplying service. Data sufficient to permit such determination must be made available before proper action may be taken upon the Company's peti- tion of January 20, 1967 request- ing a rate increase. It is, therefore, necessary that the Company furnish the City the following information: 1. Operating statements for each of the past five years. These should be in sufficient detail to support the reasonableness of each of the charges contained therein; 2. Property Account Statements for each of the same years for which the operating statements are fur- nished. These should show all property additions and retire- ments made during each year. Any supporting data such as ap- praisals should be made avail- ahle. 3. Statistical Data showing the number of subscribers at the be- ginning and close of each year by classification. This in order to determine the prObable effect of any rate increase that may be authorized. I recommend that the City Coun- cil authorize a copy of this letter sent to the Company and request that Company information be ac- cordingly made available to the City. 92 ~~.~-- ..Ii'" ',il,1 ~lJIWl' 95 Published offIcially In The Telegraph~ Herald Newspaper this 1st day of March 1967. Leo F. Frommelt City Clerk Mayor Ludwig moved final adop.- tion of the Ordinance. Seconded by Councilman Schultz. Carried by the following vote: Yeas - Mayor Ludwig, Council men McCauley, Pregler, Schultz. Nays-None. Absent-CounciIman pfohl. ORDINANCE NO. 9-67 An Ordinance Amending Ordin. ance No. 3349 known as the "Traffic Code of Dubuque, Iowa" as amended by enacting a new subsection 90 of Schedule VI thereof, and enacing a new sub- section 9] of Schedule VI there. of, and enacting a new subsec. tion 92 of Schedule VI thereof, and enacti~ a new subsection 93 of Schedule VI thereof and 8 new subsection 94 of Schedule VI thereof to prohibit the parking of motor vehicles on the west side of Burch Street from Hill Street to West Third Street, pro- hibit parking of motor vehicles on both sides of North Grand. view Avenue from Audubon Street to West Thirty.Second Street, to prohibit the parking of motor vehicles on both sides of John F. Kennedy Road from Uni. versity Avenue to West Thirty. Second Street, to prohibit the parking of motor vehicles on the north side of Pennsylvania Av. enue from University Avenue to the John F. Kennedy Road and both sides of Pennsylvania Av. enue from John F. Kennedy Road to the westerly city limits, and to prohibit the parking of motor vehicles on both sides of Kerper Boulevard from Pine Street to Hawthorne Street,. presented and read. Councilman Pregler moved that the reading just had be considered the first reading of the Ordinance. Seconded by Councilman McCauley. Carried by the following vote: Yeas - Mayor Ludwig, Council- men McCaUley, Pregler, Schultz. Nays-None. Absent - Councilman pfohl. Councilman Pregler moved that the rule requiring an Ordinance to he read on three separate days be waived. Seconded by Councilman 1967 Session, February 22, Proof of Publication, certified to hy the Publisher, of notice of pub- lic hearing to consider a proposed Ordinance amending the Zoning Ordinance so as to" change Lot 1 of Block 4 and all of Block 3 of Westchester Subdivision from Sin- gle Family to Multiple Family Dis- trict Classification, presented and read. No written objections were filed and no oral objectors were present in the Council Chamher at the time set for the puhlic hearing. Mayor Ludwig moved that the proof of publication be received and filed. Seconded hy Council- man Pregler. Carried by the fol- lOWing vote: Yeas - Mayor Ludwig, Council- men McCaUley, Pregler, Schultz. Nays-None. Ahsent-CounciIman Pfohl. '~~ ORDINANCE NO. 3-67 An Ordinance amending the Zoning Map and Zoning Ordi~ nance known as Ordinance No. 3-34 of the City of Dubuque to change Lot 1 of Block 4 and all of Block 3, Westchester Subdivi. sion from its present Single Family Residence District Cia... siflcation to Multiple Family Residence District, Classification, said Ordinance haVing been pre- viously presented and read at the Council meeitng of January 23, 1967, presented for Final Adop- tion. Ordinance No. 3-67 An Ordinance Amending the Zoning ~r':frna~~~ ~g~i~34 O~~Ii~~~ceCI:;no~n D~: buque to change Lot 1 of Block 4 and all of Block 3, Westchester Subdivision from Its present Single Family Residence Dis- trict Classificlation to Multiple Family Residence District Classification. Be If Ordained by the City Council of the City of Dubuque, Iowa. Section 1. That the Zoning Ordinance .tnown as Ordinance No. 3-34 and the Zoning Map of the City of Dubuque be and the same Is hereby amended by changing Lot 1 of Brock 4 and ail of Block 3 Westchester Subdivision from ~~1cfretran:Sln~n~l~nFat~fIMu~ij~~eni=earW}l~ Residence District ClassifIcation. Section 2. This Ordinance shall be In full force and effect from and after Its r.assage, adopflon and publication as by aw provided. Introduced the 23rd day of January, 1967. Rule requiring reading on three separ- ate days suspended by unanimous vote the 23rd day of January 1967. Passed by recorded roll cali vote, adopted and approved this 22nd day of February 1967. Richard Ludwig MaYor M. SYlvester McCauley Merlin F. Schultz Walter A. Pregler Councilmen Special Attest: Leo F. Frommel Cltv Clerk Session, February 22, 1967 Map of the City of Dubuque, Iowa, by adding a new Sub Sec- tion 6 to Section 2 (h) and per. mitting additional area to be used for professional offices or studios of a Physician, Dentist,. Architect, Engineer, Law y e r,. Realtor, Insurance, Musician or similar profession with a certain described area, said Ordinance having been pre- viously presented and read at the Council meeting of January 23, 1967, presented for final adop- tion. Attest: Leo F. Frommell City Clerk Published officially In Herald Newspaper this 1967. Ordinance No. 2-.67 An Ordinance Amending Ordinance No. 3-34 known as the Zoning Ordinance and the Zoning Map of the City of Du- buque, Iowa by adding a new sub section 6 to Section 2 (h) and permitting addi- tional area to be used for Professional offices or studios of a Physician, Dentist, Architect, E:ngineer, Lawyer, Realtor, insurance, Musician, or slmliar profes- sion within the following additional de- scribed area: Beginning at the north line of West Thiro ~lreet; thence northerlY Including the area between the west line of Bluff Street and a line one hundred feet west- erly and parallel to the west line of Bluff Street northerlY to the south line of Lot 5 of City Lot 653A, which Is ap- proximately one hundred and torty feet south of the south i1ne of West Eighth Avenue. Be It Ordained by the City Council of the City of Dubuque, Iowa. Section 1. That the Zoning Ordinance known as Ordinance No. 3-34 and the Zoning Map of the City of Dubuque be and the same Is hereby amended by adding a new sub section 6 to Section 2 (h) and permitting adidtlonal area to be used for Professional offices or studios of a physician, dentist, architect, engineer, lawyer, realtor, Insurance, musician or slmiiiar profession within lhe following additional described area: Beginning at the north line of West Third Street, thence northerlv Including the area between the west i1ne of Bluff Street and a line one hundred feet west- erlY and parallel to the west i1ne of Bluff Street northerlY to. the south line of Lot 5 of City Lot 653A, which Is ap- proximatelY one hundred and forty feet south of the south line of West Eighth Avenue. Section 2. This Ordinance shall be In full terce and effect from and after Its final Passage, adoption and publication as by law provided. Introduced the 23rd day of Januarv, 1967. Rule requiring reading on three separ- ate days suspended by unanimous vote the 23rd day of January, 1967. Passed on recorded roll call vote, adopted and approved this 22nd day of February, 1967. Richard Ludwig Mayor M. SYlvester McCauley Merlin F. Schultz Walter A. Pregler Councilmen Leo F. Frommelt City Clerk Councilman Pregler moved final adoption of the Ordinance. Sec- onded hy Councilman Schultz. Car- ried by the follOWing vote: Yeas - Mayor Ludwig, Coun- cilmen McCauley, Pregler, Schultz. Nays-None. Ahsent-Councilman pfohl The Telegraph- st day of March an undetermined amount, for per. sonal injuries received in a fall due to accumulation of ice and snow at the intersection of Cale- donia and Hill Street on January 23, 1967, presented and read. Mayor Ludwig moved that the claim be referred to the City Solicitor for investigation and report. Seconded by Councilman Pregler. Carried by the following vote: Seconded by Councilman Pregler. Carried by the following vote: Yeas-Mayor Ludwig, Council- men McCauley, Pregler, Schultz. Nays-None. Absent-Councilman Pfohl. Notice of petition of John A. Link and Marvel M. Link VS. Board of Adjustment et al relative to the zoning problem of Lot 1 of 1 of 1 of SEV. SEV., requiring that it be used other than as a single family residence at the time of annexa- tion of the property to the City, presented and read. Mayor Ludwig moved that the Petition be refer- red to the City Solicitor for investi- gation and report. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Ludwig, Council- men McCauley, Pregler, Schultz. Nays-None. Absent-Councilman Pfohl. Proof of Publication, certified to by the Publisher, of notice of public hearing to consider amend- ing the Zoning Ordinance by add- ing a new sub-section 6 to Section 2 (h) and permitting additional area to be used for Professional offices or studios of a Physician, Dentist, Architect, Engineer, Law- yer, Realtor, Insurance, Musician or similar profession within a cer- tain described area, presented and read. No written objections were filed and no oral objectors were present in the Council Chamber at the time set for the public hearing. Mayor Ludwig moved that the proof of publication, be received and filed. Seconded by Councilman McCauley. Carried by the following vote: Yeas - Mayor Ludwig, Council- men McCauley, Pregler, Schultz. Nays-None. Absent-Councilman pfohl. ORDINANCE NO. 2~7 An Ordinance amending Ordin. ance No. 3-34, known as the Zon- ing Ordinance and the Zoning Special 94 96 ill".,," I"', 'Ii 1,1 i~~ I~I ii!III'I' Jili ,I!I !111! 'I II, f11 days be waived. Seconded by Mayor Ludwig. Carried hy the foIlowing vote: Yeas - Mayor Ludwig, Council- men McCauley, Pregler, Schultz. NaYS-None. Absent - Councilman Pfohl. Councilman McCauley moved that a public hearing be held on the Ordinance on March 20, 1967 at 7:30 P.M. in the Council Cham- ber at the City HaIl and that the City Clerk be instructed to puhlish notice of the hearing in the man- ner required by law. Seconded by Mayor LUdwig. Carried by the fol- lowing vote: Yeas - Mayor Ludwig, Counci men McCauley, Pregler, Schultz_ NaYS-None. Absent Council man pfohl. Fehruary 22, 1967 To the Honorahle Mayor and City Council Gentlemen: I am returning to you the peti- tion and letter concerning parking in front of Wartburg Seminary. In reply of the petition I am en- cloSing a report from the Traffic Section of the Police Department. I recommend the passage of an ordinance restricting parking on both sides of Wartburg Place from Fremont Avenue to the entrance of Sunset Ridge. RespectfuIIy, Gilhert D. ChaveneIle, City Manager Mayor Ludwig moved that the recommendation of the City Man. ager be approved. Seconded by Councilman McCauley. Carried by the following vote: Yeas-Mayor Ludwig, Council men McCauley, Pregler, Schultz. Nays-None. Absent-Counc' ORDINANCE NO. 12-47 An Ordinance Amending Ordln. ance No. 33~9 known as the IITraffic Code of Dubuquel 10wBI' as amendedl by repealing sub. section 27 of Schedule VI and subsection 28 of Schedule VI and enacting a new subsection 28 in lieu thereof to prohibit parking of motor vehicles on both sides of Wartburg Place from Fremont Avenue to the entrance to Sun- set Ridgel presented and read. Councilman McCaUley moved that the reading just had he COD- pfohl. ilman 22, 1967 Special Session, February Leo F. Fromme: City Clerk Councilman Pregler moved adop- tion of the Ordinance. Seconded by Councilman McCauley. Carried by the following vote: Yeas - Mayor Ludwig, Council. men McCauley, Pregler, Schultz. Nays-None. Absent - Councilman Pfohl. Fehruary 22, 1967 To the Honorable Mayor and City Council Gentlemen: I am submitting the attached ord- inance amending the budget ord. inance No. 1-67 as adopted on the 3rd day of January 1967. The proposed amendment is largely to provide for "carry over" programs started in 1966 but not completed during that year. I recommend that the ordinance be adopted. Respectfully requested, Gilhert D. ChavenelIe, City Manager Mayor Ludwig moved approval of the recommendation. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor LUdwig, Council men McCauley, Pregler, Schultz. NaYS-None. Absent-<:ouncilman pfOhl. 78. The North side of Asbury Road from St. Ambrose Street to Bunker Hill Drive and on both sides of Asbury Road from the John F. Kennedy Road to the westerly City Limits. Passed, adopted and approved this 22nd day of February, 1967. Richard Ludwig MaYor M. Sylvester McCauley Merlin F. Schultz Walter A. Pregler Councilmen Attest: Leo F. Frommel' City Clerk Published officially In The Telegraph_ Herald Newspaper this 1st day of March 1967. l ORDINANCE NO. 11-47 An Ordinance Amending the BUdget as approved by Resolu. tion No. 214-66 and Ordinance No. 1-47, presented and read. Councilman McCauley moved that the reading just had be con- sidered the first reading of the Ordinance. Seconded by Mayor Ludwig. Carried by the foIlowing vote: Yeas - Mayor Ludwig, Council. men McCaUley, Pregler, Schultz. Nays-None. Absent-Councilman Pfohl. Councilman McCaUley moved that the rule requiring an Ordin. ance to be read on three separate Session, February 22, 1967 ORDINANCE NO. 10-67 An Ordinance Amending Ordi..... ance No. 33-49 known as the IITraffic Code of Dubuqu81 lowau as amendedl by repealing sub- section 22 of Schedule VI there- of and repealing subsection 78 Schedule VI thereof and enacting a new subsection 22 of Schedule VI thereof and enacing a new subsection 78 of Schedule VI in lieu thereof to provide that mot.- or vehicles shall be prohibited from parking on the north side of Clarke Drive from Heeb Street to West Locust Street and the north side of Asbury Road from Sf. Ambrose Street to Bunker Hill Drive and both sides of As- bury Road from John F. Ken~ nedy Road to the westerly city limitsl presented and read. Councilman Pregler moved that the reading just had be considered the first reading of the Ordinance. Seconded by Councilman McCauley. Carried by the fOllowiog vote: Yeas - Mayor Ludwig, Council- men McCauley, Pregler, Schultz. Nays-None. Absent-Councilman Pfohl. Councilntan Pregler moved that the rule requiring the reading of an Ordinance on three separate days be waived. Seconded by Coun- cilman McCauley. Carried by the following vote: Yeas - Mayor Ludwig, Council- men McCauley, Pregler, Schultz. Nays - None. Absent - Councilman pfohl. ORDINANCE NO. 10-67 AN ORDINANCE AMENDING ORDIN- ANCE NO. 33-49 KNOWN AS THE "TRAFFIC CODE OF DUBUQUE, IOWA" AS AMENDED, BY REPEAL. ING SUBSECTION 22 OF SCHEDULE VI THEREOF AND REPEALING SUB- SECTION 78 OF SCHEDULE VI THERE- OF AND ENACTING A NEW SUBSEC- TION 22 OF SCHEDULE VI THEREOF AND ENACTING A NEW SUBSECTION 78 OF SCHEDULE VI IN LIEU THERE- OF TO PROVIDE THAT MOTOR VE- HICLES SHALL BE PROHIBITED FROM PARKING ON THE NORTH SIDE OF CLARKE DRIVE FROM HEEB STREET TO WEST LOCUST STREET AND THE NORTH SIDE OF ASBURY ROAD FROM ST. AMBROSE STREET TO BUNKER HILL DRIVE AND BOTH SIDES OF ASBURY ROAD FROM JOHN F. KENNEDY ROAD TO THE WEST- ERLY CITY LIMITS. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY o~eg~~U~.U'Yh~?W~~lnance No. 3:J,..19 known as the "Traffic COde of Dubuque, Iowa" as amended, be and the same is hereby amended by repealing Subsec. tion 22 of Schedule VI thereof and enact- Ing a new Subsection 22 of Schedule VI in lieu thereof and by repealing Sub- sectlon 78 of Schedule VI thereof and enacting a new Subsection 78 of Sched- ule VI In lieu thereof as follows: "Schedule VI. 22. The north side of Clarke Drive from Heeb Street to West Locust Street. McCauley. by ing vote: Yeas - Mayor Ludwig, Council- men McCauley, Pregler, Schultz. Nays - None. Absent - Councilman Pfohl. follow- ORDINANCE NO. 9-67 AN ORDINANCE AMENDING ORDIN- ANCE NO. 33-49 KNOWN AS THE 'TRAFFIC CODE OF DUBUQUE, IOWA" AS AMENDED BY ENACTING A NEW SUBSECTION 90 OF SCHEDULE VI THEREOF, BY ENACTING A NEW SUBSECTION 91 OF SCHEDULE VI THEREOF, AND BY ENACTING A NEW SUBSECTION 92 OF SCHEDULE VI THEREOF, AND ENACTING A NEW SUBSECTION 93 OF SCHEDULE VI THEREOF AND A NEW SUBSECTION 94 OF SCHEDULE VI THEREOF TO PROHIBIT THE PARKING OF MO- TOR VEHICLES ON THE WEST SIDE OF BURCH STREET FROM HILL STREET TO WEST THIRD STREET, PROHIBIT PARKING OF MOTOR VE- HICLES ON BOTH SIDES OF NORTH GRANDVIEW AVENUE FROM AUDU- BON STREET TO WEST THIRTY-SEC- OND STREET, TO PROHIBIT THE PARKING OF MOTOR VEHICLES ON BOTH SIDES OF JOHN F. KENNEDY ROAD FROM UNIVERSITY AVENUE TO WEST THIRTY-SECOND STREET, TO PROHIBIT THE PARKING OF MO- TOR VEHICLES ON THE NORTH SIDE OF PENNSYLVANIA AVENUE FROM UNIVERSITY AVENUE TO THE JOHN F. KENNEDY ROAD AND 80TH SIDES OF PENNSYLVANIA AVENUE FROM JOHN F. KENNEDY ROAD TO THE WESTERLY CITY LIMITS, AND TO PROHIBIT THE PARKING OF MOTOR VEHICLES ON BOTH SIDES OF KER- PER BOULEVARD FROM PINE STREET TO HAWTHORNE STREET. NOW THEREFORE BE IT ORDAIN- ED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: 5ecIJon 1. That Ordinance No. 33-49 known as the "Traffic Code of Dubuque, Iowa" as amended, be and the same is hereby amended bv enacting a new Subsection 90 of Schedule VI thereof, by enacting a new Subsection 91 of Sched- ule VI thereof, and bY enacting a new Subseetltm 92 of Schedule VI thereof, \lnd by enacting a new Subsection 93 of Schedule VI thereof and by enacting a new Subsectlon 94 of Schedule VI there- of as follows: "Schedule VI. 90. The west sIde of Burch Street from Hill Street to West 3rd Street. 91. Both sides of Grandview Avenue from Audubon Street to West 3200 Street. 92. Both sides of John F. KennedY Road from University Avenue to West 32nd Street. 93. The north side of PennsYlvania Avenue from University Avenue ~t~ Sl~~n ~. ~~~~~rva~?:d 1~: hue from John F. Kennedy Road to the Westerly City Limits. 94. Both sides of Kerper Boulevard from Pine Street to Hawthorne Street" Passed, adopted and approved this 22nd day of Februarv, 1967. Richard Ludwig M~al~~ester McCauley Merlin F. Schultz Walter A. Pregler Councilmen Leo F. Frommell City Clerk COuncilman Pregler moved adop- tion of the Ordinance. Seconded by Councilman McCauley. Carried by the foIlowing vote: Yeas - Mayor Ludwig, Council- men McCauley, Pregler, Schultz. Nays - None. Ahaent - Councilman Pfohl. Al1"est: Leo F. Frommel City Clerk ~~~il~ew~~~CJ:~IYthi~n 1sTh3ay TgJex:::~J}; 1967. the Special Carried - ~~ ..p " ~ -; UWl j ,I 99 Engineer. Seconded by Councilman McCauley. Carried by the follow- ing vote: Yeas-Mayor Ludwig, Council- men McCauley, Pregler, Schultz. Nays-None. Absent-Councilman Pfohl. Petition of attorney Joseph J. Bitter, in hehalf of Robert A. BriII- hart, requesting permission to ad- dress the Council relative to the issuance of a beer permit request- ed by Mr. Brillhart to locate at 2412 Central Avenue, presented and read. Councilman Pregler moved to suspend the rules in order to al- low attorney Bitter to address the Council on the subject at hand. Seconded by Councilman McCauley. Carried by the following vote: Yeas-Mayor Ludwig, Council- men McCauley, Pregler, Schultz. Nays-None. Absent-Councilman pfohl. Attorney Bitter advised the Council that Mr. Brillhart had al- ready expended a considerable sum of money on the proposed tavern. He requested that a beer license be issued to Mr. Brillhart despite the non-approval of the Chief of Police. Mayor Ludwig moved that the Council enter into an executive session. Seconded by Councilman Schultz. Carried hy the following vote: Yeas-Mayor Ludwig, Council- men McCauley, Pregler, Schultz. Nays-None. Absent-Councilman Pfohl. The Council was in executive ses- sion from 9:30 P.M. to 9:40 P.M. after which time upon entry into the Council Chamber Mayor Lud- wig moved that the application for a beer permit by Mr. Robert BriIl- hart he denied. Seconded by Coun- cilman Pregler. Carried by the fol- lowing vote: Yeas-Mayor Ludwig, Council- men McCauley, Pregler, Schultz. Nays-None. Absent-Councilman Pfohl. Petition of Northwestern Bell Telephone Co. requesting permis- sion to construct a new manhole in the alley behind their central office bUilding at 900 Locust Street and further requesting approval of the Council for construction along and under Highway #3, presented and read. Special Session, February 22, 1967 Petition of H. G. Meyer and R. G. McNamer requesting a general clean up of the property next to 692 Florence Street also construc- tion of a proper spillway to carry water and provide proper drainage of the area, presented and read. Councilman Pregler moved that the petition be referred to the City Manager for investigation and re- port. Seconded by Councilman Mc- Cauley. Carried by the fOllowing vote: Yeas-Mayor Ludwig, Council- men McCauley, Pregler, Schultz. Nays-None. Ahsent-Councilman pfohl. Petition of S.P.E.B.S.Q.S.A. (Bar- bershoppers) requesting permission to park a wagon in the vicinity of 9th & Main Street for display of information covering their organ- ization, presented and read. Councilman Pregler moved that the petition be referred to the Mayor and City Manager. Second- ed by Councilman Schultz. Carried hy the fOIlowing vote: Yeas-Mayor Ludwig, Council- men McCauley, Pregler, Schultz. Nays-None. Absent-Councilman Pfohl. Petition of A. L. Weitz of 2999 Burden Ave. requesting to be heard at the Council meeting of February 22, 1967, presented and read. Mayor Ludwig moved that the rules be suspended to allow Mr. Weitz to address the Council. Sec- onded by Councilman McCauley. Carried by the follOwing vote: Yeas-Mayor Ludwig, Council- men McCauley, Pregler, Schultz. Nays-None. Absent-Councilman Pfohl. Mr . Weitz addressed the Council on the unfairness of Urban Re- newal and requested that it be sub- mitted to the voters. Councilman McCauley moved that the petition of Mr. Weitz be re- ceived and filed. Seconded by Councilman Schultz. Carried by the foIIowing vote: Yeas-Mayor Ludwig, Council- men McCauley, Pregler, Schultz. NaYs-None. Ahsent-Councilman Pfohl. Petition of Peoples Natural Gas requesting permission to excavate in East Ninth Street, presented and read. Mayor Ludwig moved that the petition be granted after being as- sured of the approval of the City 1967 crete Paving Project No. 1. This assessment was based on 49,774 units and should be changed to 37,523 units which would change the total assessment for the Lot from $3158.24 to $2324.69. I request your Honorable Body to instruct the City Auditor to draw a warrant in the amount of $377.31 from the R.U.T. Fund #135 I to pay the City of Dubuque 1966 Co,,- crete Curb and Gutter Project Nu. 1 and a warrant in the amount of $456.24 from the R.U.T. Fund #135 1 to pay the City of Dubuque 1966 Hot MIx-Hot Laid Asphaltic Con- crete Paving Project No.1. Respectfully, John L. White City Engineer Councilman Pregler moved that the recommendation of the City Engineer be approved. Seconded by Councilman McCauley. Carried by the following vote: Yeas - Mayor Ludwig, Council- men McCauley, Pregler, Schultz. Nays-None. Absent-Councilman Pfohl. February 7, 1967 To the Honorable Mayor and City Council Gentlemen: Lot 1-1-3 of Mineral Lot 112 owned by Ambrose J. Agnitsch and Jeanette Agnitsch which abutts Kelly Lane was assessed for the recently completed City of Du- buque Kelly Lane Water Main Proj. ect NO.1. This assessment was based on a front footage of 176'; this frontage should he 121' which would change the final assessment from $396.00 to $272.25. I request your honorable body instruct the City Auditor to draw a warrant in the amount of 123.75 from the City of DUhuque Water Department Depreciation Fun d #149BE38 to pay the City of Du- buque Kelly Lane Water Main Project No. 1. Very truly yours, John L. White City Engineer Councilman Pregler moved that the recommendation of the City Engineer be approved. Seconded by Councilman McCauley. Carried by the fOllowing vote: Yeas-Mayor Ludwig, men McCauley, Pregler J Nays-None. Absent-Councilman Council Schultz. pfohl. Session, February 22, sidered the first reading of the Ordinance. Seconded by Council- man Pregler. Carried by the fol- lowing vote: Yeas - Mayor Ludwig, Council- men McCauley, Pregler, Schultz. Nays-None. Absent-Councilman Pfohl. Councilman McCauley moved that the rule requiring the reading of an Ordinance on three separate days be waived. Seconded by May- or Ludwig. Carried hy the follow- ing vote: Yeas - Mayor Ludwig, Council men McCauley, Pregler, Schultz. Nays-None. Ahsent-Councilman Pfohl Pfohl. February 8, 1967 To the Honorable Mayor and City Council Gentlemen: Lot 22 Sub. 1 M. L. 237 and 2 M. L. 243 owned by Charles J. Mur- phy which abutts University Ave- nue was assessed for the City of Dubuque 1966 Concrete Curb and Gutter Project No. 1 and the 1966 Hot Mix Hot Laid Asphaltic Con- ORDINANCE NO. 12-67 AN ORDINANCE AMENDING ORDIN. ANCE NO. 33-49 KNOWN AS THE "TRAFFIC COD E OF DUBUQUE, IOWA" AS AMENDED, BY REPEALING SUBseCTION 27 OF SCHEDULE VI AND SUBSECTION 28 OF SCHEDULE VI AND ENACTING A NEW SUBSEC- TION 28 IN LIEU THEREOF TO PRO- HIBIT PARKING OF MOTOR VEHICLES ON BOTH SIDES OF WARTBURG PLACE FROM FREMONT AVENUE TO THE ENTRANCE TO SUNSET RIDGE. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY O~~~U~Ulfh~p~A~lnance No. 33-49 known as the "Traffic Code of Dubuque, Iowa" as amended be and the same Is hereby amended by repealing Subsec- tion 27 of Schedule VI thereof and by repealing Subsection 28 of Schedule VI thereof and enactIng a new Subsection 28 of Schedule VI In lieu thereof as follows: "Schedule VI. 28. Both sides of Wartburg Place from Fremont Avenue to the entrance to Sun- set Ridge." 22~3s=, of~'b~arv~n~7~pproved this Richard Ludwig Mayor M. SYlvester McCauley Merlin F. Schultz Walter A. Pregler Councilmen Councilman McCaUley moved ad- option of the Ordinance. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Ludwig, Council. men McCaUley, Pregler, Schultz. Nays-None. Absent-Councilman Attest: Leo F. Frommelt p~rrsh~er~ic1aIlY In The Telegraph- Herald Newspaper this 1st day of MarCh 1967. Leo F. Frommell Cltv Clerk Special 98 / 101 held and the returns thereof have been certified and filed with this City Council and dUly canvassed; NOW, THEREFORE, Be It and It Is Hereby Resolved by the City Council of the City of Dubuque, Iowa, as follows: Section 1. That is is hereby found and declared that the elec- tion on the following proposition: Shall the City of Dubuque, Iowa, construct a new fire station at the corner of 9th Street and Central A venue in said City and contract indebtedness for such purpose not exceeding $500,000 and issue bonds for such purpose not exceeding $500,000 and levy a tax annually upon the taxable property in said City of DUbuque not exceeding one mill per annum for the payment of such bonds and the interest thereon? was unfavorable thereto, that the total number of affirmative votes on said proposition at said elec- tion was not equal to or more than sixty per cent (60%) of the total number of votes cast for and against said proposition at said election, that a record of the ag- gregate ballots cast on said propo- sition is hereby made as follows: Blank or For Against Spoiled 4,423 3,837 0 and that a record of the votes cast by precincts on said proposition is hereby made as follows: Blank or Defec- Precincts "Yes" "No" tive Total First ..........513 374 0 887 Second ....358 283 0 641 Third ........147 112 0 259 Fourth ......124 89 0 213 Fifth ..........234 158 0 392 Sixth ..........456 392 0 848 Seventh .... 59 47 0 106 Eight ........137 102 0 239 Ninth ........109 51 0 160 Tenth ........244 160 0 404 Eleventh ..370 402 0 772 Twelfth ....104 135 0 239 Thirteenth 216 326 0 542 Fourteenth 335 283 0 618 Fifteenth ..228 325 0 553 Sixteenth ..789 598 0 1387 Section 2. That it is hereby found and declared that the election on the fOllOWing proposition: Shall the City of Dubuque, Iowa, construct a new fire station on Session, February 22, 1967 ruary 21, 1967 he paid wages as authorized by law. Seconded by Councilman Pregler. Carried by the foIIowing vote: Yeas-Mayor Ludwig men McCauley, Pregler. NaYs-None. Absent-Coun Council Schultz. RESOLUTION NO. 40-67 RESOLUTION canvassing and declaring the results of the election on Fire Station and Garage Bonds. WHEREAS this City Council did heretofore, at a regular meeting on January 23, 1967, order that at a special municipal election to be held in and for the City of Du- buque, Iowa, on February 21, 1967, there he suhmitted to the qualified electors of said City the foIIow. ing propositions: ShaII the City of Dubuque, Iowa, contract a new fire station at the corner of 9th Street and Central Avenue in said City and contract indebtedness for such purpose not exceeding $500,000 and issue bonds for such purpose not exceeding $500,000 and levy a tax annually upon the taxable property in said City of DUbuque not exceeding onc mill per annum for the payment of such bonds and the interest there- on? ShaII the City of Duhuque, Iowa, construct a new fire station on John F. Kennedy Road in said City and contract indebtedness for such purpose not exceeding $190,000 and issue bonds for such purpose not exceeding $190,000 and levy a tax annuaIly upon the taxable pro- perty in said City of DUbuque not exceeding one-half of one mill per annum for the payment of such bonds and the interest thereon? Shall the City of Duhuque, Iowa, construct a muniCipal garage for the storage, repair and servicing of city owned motor vehicles and other equipment and contract in. debtedness for such purpose not exceeding $465,000 and issue honds for such purpose not exceeding $465,000 and levy a tax annuaIIy upon the taxable property in said City of DUhuque not exceeding one mill per annum for the pay- ment of such bonds and the in- terest thereon? and WHEREAS the election on said propositions was dUly and legaIIy Pfohl Special ~ilman ii' ii } f i pose not exceeding $500,000 and issue bonds for such purpose not exceeding $500,000 and levy a tax annuaIIy upon the taxahle property in said City of Dubuque not ex- ceeding one mill per annum for the payment of such bonds and the interest thereon? VOTES RECEIVED YES 4423 NO 3837 TOTAL 6260 53.54% ShaII the City of Dubuque, Iowa, construct a new fire station on John F. Kennedy Road in said City and contract indebtedness for such purpose not exceeding $190,000 and issue bonds for such purpose not exceeding $190,000 and levy a tax annually upon the taxable property in said City of Dubuque not exceeding one-half of one mill per annum for the payment of such bonds and the interest there- on? F. Frommelt City Clerk Councihnan Pregler moved that the canvass be received and made a matter of record. Seconded by Councilman Schultz. Carried hy the following vote: Yeas-Mayor Ludwig, Council- men McCauley, Pregler, Schultz. Nays-None. Absent-Councilman Pfohl. Councilman Schultz moved that the precinct machine inspectors, clerks and judges who worked at the Special Election held on Feb- 22, 1967 VOTES RECEIVED YES 5796 NO 2468 TOTAL 8264 70.14% Shall the City of Dubuque, Iowa, construct a municipal garage for the storage, repair and servicing of city owned motor vehicles and other equipment and contract in- debtedness for such purpose not exceeding $465,000 and issue bonds for such purpose not exceeding $465,000 and levy a tax annually upon the taxable property in said City of Dubuque not exceeding one mill per annum for the payment of such bonds and the interest thereon? VOTES RECEIVED YES 3204 NO 4712 TOTAL 7916 40.47% Respectfulty submitted, Richard Ludwig Mayor Leo Special Session, February Councilman Schultz moved that the petitions be granted and the Clerk be instructed to sign the necessary document indicating ap- proval by the Council. Seconded by Mayor Ludwig. Carried by the following vote: Yeas-Mayor Ludwig, Council- men McCauley, Pregler, Schultz_ Nays-None. Absent-Councihnan Pfohl. Petition of John F. Hall request- ing a refund of $375 on the unex- pired portion of Class "C" Liquor License No. C-3119, as he has dis- continued business on January 23, 1967, presented and read. Mayor Ludwig moved that the refund be granted and the Auditor instructed to issue proper warrant. Seconded by Councilman Pregler. Carried by the fOllowing vote: Yeas-Mayor Ludwig, Council- men McCauley, Pregler, Schultz. Nays-None. Absent-Councilman Pfohl. Proof of Publication, certified to by the Publisher, of "Offical BaI~ lot" of Special Election held on February 21, 1967 for Fire Stations and Garage Bond Propositions, pre- sented and read. Mayor Ludwig moved that the proof of Publication be received and filed. Seconded by Council- man Schultz. Carried by the fol- lowing vote: Yeas-Mayor Ludwig, Council- men McCauley, Pregler, Schultz. Nays-None. Ahsent-Councilman Pfohl. February 22, 1967 To the Members of the City Council. Gentlemen: In accordance with the provi- sions of Section 50.21 of the 1966 Code of Iowa please be advised that on Fehruary 22, 1967, we, Richard Ludwig, Mayor of the City of Dubuque, Iowa, and Leo F. Frommelt, Clerk of the City of Dubuque, Iowa, do hereby certify that we publicly canvassed the election returus of the SPECIAL MUNICIPAL ELECTION held on February 21, 1967, and herewith submit the report of such canvass on the following three proposi. tions: ShaIl the City of Dubuque, Iowa, construct a new fire station at the corner of 9th Street and Central Avenue in said City and contract indebtedness for such pur- 100 ,~ Iii " I i,1 fi ~.~-~ ~ __ _ _~UU" 103 1967 January 16, To the Honorable Mayor and City Council Gentlemen: The eight inch Sanitary Sewer north and west of Asbury Road and John F. Kennedy Road has been completed in accordance with plans and specifications by Thos. Flynn Coal Company of Dubuque, Iowa. I recommend that the improve- ment be accepted. Respectfully, Gilbert D. Chavenelle City Manager Councilman Pregler moved that the recommendation of the City Manager be approved. Seconded by Councilman Schultz. Carried by the following vote: Yeas-Mayor Ludwig, Council men McCauley, Pregler, Schultz. Nays-None. Absent-Councilman Pfohl. NOW THEREFORE BE IT RE- SOLVED by the City of Council of City of Dubuque, Iowa: Section I. That the form of agreement, copy of which is here- to attached to be executed by and hetween City of D?buque, Iowa and FINAL ESTIMATE Dubuque. Industr18l _ Developu;ent RESOLUTION NO. 42-67 CorporatIon concernmg the fIght of first refusal to purchase the WHER~S, the cO!ltra~ for t~,e real estate hereinabove described constructIon of an eIght lOch (8 ) by said corporation be and the sanitary. s~wer u:om the southern same is hereby approved. most eXIsting samtary manhole be- tween Kaufmann Avenue and As- Secllon 2. That the Mayor and hury Road southerly along the west City Clerk he and they are here- side of J. F. Kennedy Road and hy authorized and empowered to westerly through Lot 1, 2, and 1-3 execute the agreement, copy. of of Henry Ziegler's Subdivision and ~hich is hereto attached,. ~pecIfy- Lot 2-4 of J. P. Mettel's Subdivision mg the terms and condItions as No. 2 to the E.P.L. of Lot 1-4 of to the right of first refusal to J. P. Mettel's Subdivision No.2 bas purchase by the Dubuque Industrial been completed and the City En- Devel~pment ,?orporatlOn of the gineer has submitted his final e~ti- fOllowmg descnbed real estate, to mate showing the cost thereof lD- wit: eluding the cost of estimates, no- tices, inspection, and preparing the assessment and plat, now therefore, BE IT RESOLVED, hy the City Council of the City of Dubuque, That the cost of said improve- ment is hereby determined to be $5,196.96. That $4,174.72 of the cost there- of shall be assessable upon private property and $1,022.24 shall be paid from the Sanitation Fu!ld 162 Special Assessments of the CIty of Duhuque. Passed, adopted and approved this 22nd day of Fehruary, 1967. Richard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz Walter A. Pregler Councilmen 1967 Special Session, February 22, RESOLUTION NO. 41-67 WHEREAS, under the terms of Resolution No. 347-66 the City of Dubuque, Iowa, in addition to agreeing to seIl Lot 1 of Lot 2 of Block 6 in Riverfront Subdivision No. 3 in the City of Dubuque, Iowa, to the Dubuque Industrial Development Corporation granted a first right or refusal to said cor- poration to purchase Lot 2 of Lot 2 of Block 6 in Riverfront Suh- division No. 3 in the City of Du- buque, Iowa; and Attest: WHEREAS, a written agreement concerning said right of first re- fusal has been prepared by the said corporation. Lot 2 of Lot 2 of Block 6 in Riverfront Subdivision No.3 in the City of Dubuque, Iowa. Passed, adopted and approved this 22nd day of Fehruary, 1967. Richard Ludwig Mayor M. Sylvester McCaUley Merlin F. Schultz Walter A. Pregler Councilmen Frommelt City Clerk oved adoption Seconded by Carried bw Council~ Schultz. Mayor Ludwig m of the resolution. Councilman Pregler. the following vote: Yeas-Mayor Ludwig, men McCauley, Pregler, Nays-None. Ahsent-Councilman Pfohl F. Leo 1967 was unfavorable thereto, that the total number of affirmative votes on said proposition at said election was not equal to or more than sixty per cent (60%) of the total number of votes cast for and against said proposition at said election, that a record of the ag- gregate ballots cast on said propo- sition is hereby made as follows: Blank or Defec- tive Total o 843 o 626 o 248 o 205 o 380 o 812 o 100 o 233 o 155 o 384 o 745 o 226 o 523 o 566 o 536 o 1334 Section 5. That all resolutions and orders or parts thereof insofar as same may be in in conflict here- with, are here by repealed and this resolution shall become effective immediately. Passed and approved 22, 1967. Recorded Councilman Pregler moved adop- tion of the resolution. Seconded by Mayor Ludwig. Carried by the following vote: Yeas-Mayor Ludwig, Council- men McCauley, Pregler, Schultz. Nays-None. Absent-CounciIman Pfohl. February February 22, 1967. Richard LUdwig Mayor Section 4. That the total number of persons voting at said election as shown by the registration lists was 8,684. Blank or For Against Spoiled 3,204 4,712 0 and that a record of the votes cast by precincts on said proposition is hereby made as follows: Leo F. Frommelt City Clerk "No' 469 352 145 113 216 466 50 136 57 209 486 137 366 357 373 780 Precincts "Yes' First ..........374 Second ......274 Third ........103 Fourth ...... 92 Fifth ........164 Sixth ........346 Seventh .... 50 Eighth ...... 97 Ninth ........ 98 Tenth ......175 Eleventh ..259 Twelfth .... 89 Thirteenth 157 Fourteenth 209 Fifteenth ..163 Sixteenth ..554 Session, February 22, Attest: Section 3. That it is hereby found and declared that the elec- tion on the following proposition: Shall the City of Dubuque, Iowa, construct a municipal garage for the storage, repair and servicing of city owned motor vehicles and other equipment and contract in- debtedness for such purpose not exceeding $465,000 and issue bonds for such purpose not exceeding $465,000 and levy a tax annually upon the taxable property in said City of Dubuque not exceeding one mill per annum for the payment of such bonds and the interest there- on? Blank or Defec- tive Total o 891 o 654 o 250 o 392 o 391 o 849 o 100 o 241 o 158 o 401 o 775 o 240 o 539 o 603 o 551 o 1407 John F. Kennedy Road in said City and contract indebtedness for such purpose not exceeding $190,000 and issue bonds for such purpose not exceeding $190,000 and levy a tax annually upon the taxable pro- perty in said City of Dubuque not exceeding one-hall of one mill per annum for the payment of such bonds and the interest thereon? was favorable thereto, that the to- tal number of affirmative votes on said proposition at said election was equal to or more than sixty per cent (60%) of the total num- ber of votes cast for and against said proposition at said election, that a record of the aggregate bal- lots cast on said proposition is hereby made as follows: Blank or For Against Spoiled 5,796 2,468 0 and that a record of the votes cast by precincts on said proposition is hereby made as follows: Special "No' 255 179 85 158 105 237 33 63 39 122 227 95 226 240 258 239 Precincts "Yes' First ..........636 Second ......475 Third ........165 Fourth ......124 Fifth ..........286 Sixth ........612 Seventh .... 67 Eighth ......178 Ninth ........119 Tenth ........279 Eleventh ..548 Twelfth ..145 Thirteenth 313 Fourteenth 363 Fifteenth ..293 Sixteenth 1168 102 105 RESOLUTION NO. 41.Q WHEREAS, applications for Liq- Uor Permits have been submitted to this Council for approval and the same have been examined. NOW THEREFORE, BE IT RE- SOLVED, by the City Council of the City of Duhuque, Iowa, that the fOllowing applications be granted and licenses issued upon' the com. plicance with the term. of the, IOWA LIQUOR CONTRoL ACT_ CHAPTER 123-as amended h.v' the' 60th General Assembly, 1963. C lass lIe" Comm.rci., Establishment A. Barrett, 2600 Jackson Francis Street. Passed, adopted and approved this 22nd day of February, 1967: Richard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz Walter A. Pregler Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pregler moved a:d.op. tiOD of the resolution. Seconded by Councilman McCauley. Carried by the fOIlowing vote: YeaS-Mayor LUdwig, Council men McCaUley, Pregler, Schultz. NaYS-None. Ahsent-Councilman Pfohl 1'1 i 11,li j,1!: Iii; III! iii i ~ i RESOLUTION NO. 48-67 WHEREAS, applications fox Liq. uor Permits were filed by the with. in named applicants and they have received the approval of this eoun-- cil, and WHEREAS, the premises to be occupied by such applicants were inspected and found to comply with the State Law and all City ordi- nances relevant thereto and they have filed proper bonds; NOW THEREFORE BE IT RE- SOLVED by the City Council of Dubuque, Iowa, that the Manager be authorized to cause to be is- sued to the foIlowing named appli- cants a Liquor Permit. Class uCu Commercial Establishment A. Barrett, 2600 Jackson Francis Street. Session, February 22, 1967 Class uBu Beer Permit Francis A. Barrett, 2600- Jackson Street. Passed, adopted and approved this 22nd day of February, 1967. Richard Ludwig Mayor M. Sylvester McCaUley Merlin F. Schultz Walter A. Pregler Councilmen Attest: Leo F. Frommelt City Clerk Councilman Schultz moved adop- tion of the resolution. Seconded hy Councilman Pregler. Carried hy the fOllOWing vote: YeaS-Mayor Ludwig, Council- men McCaUley, Pregler, Schultz. NaYs-None. Absent--Councilman RESOLUTION NO. 46-67 WHEREAS, applications for Beer Permits were filed by the within named applicants and they have re- ceived the approval of this Coun. cil; and WHEREAS, the premises to he 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 R~ SOLVED by the City Council of the City of DUbuque, Iowa, that the Manager be and he is hereby direct- ed to issue to the following named applicants a Beer Permit. Pfohl. Permit 2600 Jackson Class uBu Beer Francis A. Barrett, Street. BE IT FURTHER RESOLVED that the bonds filed by such appli- cant be and the same are hereby approved. Passed, adopted and approved this 22nd day of Fehruary, 1967. Richard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz Walter A. Pregler Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman LUdWig. Carried by the foIIowing vote: YeaS-Mayor Ludwig, Counci men McCaUley, Pregler, Schultz. NaYs-None. Ahsent-Councilman Pfohl. Session, February 22, 1967 Passed, adopted and approved this 22nd day of February, 1967. Richard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz Walter A. Pregler Councilmen Attest: Leo F. Frommelt City Clerk Councilman McCauley m 0 v e d adoption of the resolution. Sec- onded hy Councilman Schultz. Car- ried by the foIIowing vote: Yeas-Mayor Ludwig, Council- men McCauley, Pregler, Schultz. Nays-None. Absent-Councilman Pfohl RESOLUTION NO. 44-67 BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the foIIowing having complied with the provisions of law relating to the sale of Cigarettes within the City of Dubuque, Iowa, be granted a permit to sell Cigar- ettes and Cigarette Papers within said City. Kenneth Hense, 960 Dodge St. BE IT FURTHER RESOLVED that the bonds filed with the ap- plication be approved. Passed, adopted and approved this 22nd day of Fehruary, 1967. Richard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz Walter A. Pregler Councilmen Attest: Leo F. Frommelt City Clerk Mayor Ludwig moved adoption of the resolution. Seconded by Councilman Schultz. Carried by the following vote: Yeas-Mayor Ludwig, Cound men McCauley, Pregler, Schultz. Nays-None. Absent-Councilman Pfohl. RESOLUTION NO. 45-67 WHEREAS, applications for Beer Permits have been submitted to this Council for approval and the same have been examined: NOW THEREORE, BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the foIIowing applica- tions be granted and licenses be issued upon the compliance with the terms of the ordinances of the City_ F. Frommelt City Clerk Councilman McCauley moved adoption of the resolution. Sec- otrded by Councilman Schultz. Car- ried by the fOIlowing vote: Yeas-Mayor Ludwig, Council- ,men McCauley, Pregler, Schultz. Nays-None. Absent-Councilman (A Resolution Accepting Improve- ment and Directing the Clerk to Publish Notlea.) RESOLUTION NO. 43-67 WHEREAS, the contract for the construction of an eight inch (8") sanitary sewer from the southern most existing sanitary manhole be- tween Kaufmann Avenue and As- bur,yRoad southerly along the west side of J. F. Kennedy Road and westerly through Lot 1, 2, and 1-3 of Henry 'Ziegler's Subdivision and Lot 2-4 of J. P. Mettel's Suhdivi- sion No.2 to the E.P.L. of Lot 1-4 of J. P. Mettel's Subdivision No.2 has been completed and the City "Manager has examined the work and filed his certificate stating that the same has been completed 'according to the tenus of the con- met, plans and specifications and :recommends its: acceptance, now therefore, BE IT RESOLVED, by the City Council of the City of Dubuque, that the recommendation of the City Manager be approved and that said improvement be and the same is herehy accepted and the City Engineer be and is thereby direct- ed to prepare a plat and schedule showing the lots or parcels of real estate subject to assessment for said improvement and file the same in the office of the City Clerk subject to public inspection and said Clerk shall upon receipt of such plat and schedule publish the notice of the Council's inten- non to levy special assessments therefor, as required by law. BE IT FURTHER RESOLVED, that the City Treasurer be and he is hereby directed to pay to the contractor from the funds to be realized from the sale of Sewer bonds issued upon the above de- scribed improvement in amount equal to the amount of his con- tract, less any retained percentage prllvided for therein. Special Pfohl. Special ~, Leo 104 Attest: -~; _'C:-=i UUl, 107 investigation of same and find that the Police Department had re- ceived complaints from neighbors that said vehicle was stored on the public street, and thereafter pur- suant to Police Department order said car was towed away by Mr. Beidler. I have put Mr. Beidler on notice of this claim by written letter dated February 13, 1967. I am of the opinion that there is no liability on the part of the City of Dubuque for damages al- legedly suffered by Mr. McKay and therefore recommend denial of said claim. Original claim is hereto attached. Respectfully submitted, R. N. Russo City Attorney Mayor Ludwig moved that the recommendation of the City At- torney be approved. Seconded by Councilman McCauley. Carried by the fOllOwing vote: Yeas-Mayor Ludwig, men McCauley, Pfohl, Schultz. Nays-None. Council. Pregler, Fehruary 23, 1967 HOD. Mayor and City Council Gentlemen: On February 6, 1967, WiIliam J. Baker of 2148 Graham Circle, Du- buque, Iowa, filed claim against the City of Dubuque, Iowa, for dam- ages allegedly occurring as the re- suIt of backup of sewer that oc- curred on December 8, 1966 and December 9, 1966 and claiming the amount of $300.00 and $540.00 re- spectively on each occasion as dam- ages from said backflow. That I am advised hy the City Clerk that the said William J. Bak- er notified him by phone that he had made settlement with the con. tractor in question and that he de- sired to withdraw his claim. In view of the foregoing the claim of William J. Baker as here. inabove specified should be denied and I so recommend to your Hon. arable Body. Original claim is hereto attached. Respectfully suhmitted, R. N. Russo City Attorney Mayor Ludwig moved that the recommendation of the City At. torney be approved. Seconded by Councilman Pregler. Carried by the following vote: Session, February 27, 1967 CITY COUNCIL Mayor Ludwig read the call and stated that service thereof had heen duly made and this meeting is called for the purpose of con- sidering authorization of the filing of an application for LOAN AND GRANT FOR THE DOWNTOWN URBAN RENEWAL PRO J E C T IOWA R-15, also APPROVING AND ESTABLISHING A RENT SUPPLE- MENTATION PROGRAM PROVID- ING ASSISTANCE TO ELIGIBLE FAMILIES TO BE RELOCATED FROM THE DOWNTOWN URBAN RENEWAL PROJECT, IOWA R-15, and acting upon such other busi- ness as may properly come before a regular meeting of the City Council. 27, M. OFFICIAL Special Session, February 1967. Council met at 7:30 P. (C.S.T.) Present-Mayor LudWig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz, City Manager Gilbert D. Chavenelle. Fehruary 27, 1967 To the Honorable Mayor and City Council Gentlemen: I submit to you the attached audit report of the Water Depart. ment for the year ending Decem- ber 31, 1966. Respectfully submitted, Gilbert D. Chavenelle City Manager Councilman Pregler moved that the report be received and filed. Seconded by Councilman Schultz. Carried by the fOllowing vote: Yeas-Mayor Ludwig, Council men McCauley, Pfohl, Pregler. Schultz. NaYS-None. February 27, 1967 Hon. Mayor and City Council Gentlemen: On January 9, 1967, William K. McKay of 529 Fenelon Place, Du- buque, Iowa, filed claim in the amount of $32.00 for damages to his car when same was towed by Mr. Rohert C. Beidler while same was parked at 529 Fenelon Place. This claim was referred to the City Attorney and I have made an Special 1967 Session, February 22, .....1967 Passed, adopted and approved this 22nd day of February, 1967. Richard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz Walter A. Pregler Councilmen Attest: Leo F. Frommelt City Clerk Mayor Ludwig moved adoption of the resolution. Seconded by Councilman Pregler. Carried by foIIowing vote: Yeas-Mayor Ludwig, Council- men McCauley, Pregler, Schultz. Nays-None. Absent--Councilman Pfohl. There being no further business Councilman McCauley moved to ad~ journ. Seconded by Councilman Pregler. Carried by the foIIowing vote: Yeas-Mayor Ludwig, Council men McCauley, Pregler, Schultz. Nays-None. Absent--Councilman Pfohl. Leo F. Frommelt City Clerk. .........1967 ..............................co.u.ii.ciiiDeiJ:. Special Approved Adopted 106 I Ii 109 Iowa, be vacated as it no longer Mayor Ludwig moved that the serves any public purpose as a reading just had be considered the street. and first reading of the Ordinance. Sec- WHEREAS, the Planning and onded by Councilman Pfohl. Car- Zoning Commission of the City of ried by the fOllowing vote; Dubuque, Iowa, has recommended Yeas-Mayor Ludwig, Council. the vacation of said Lime Street men McCauley, Pfohl, Pregler, as above described. Schultz. NOW THEREFORE BE IT OR- NaYs-None. DAINED by the City Council of Mayor LUdwig moved that the the City of Dubuque, Iowa: rule reqUiring an Ordinance to be Section 1. That Lime Street from read on three separate days be the north property line of Kimball waived. Seconded by Councilman Street to the north property line Pregler. Carried hy the fOIlowing of Boatyard Addition be and the vote: same is hereby vacated, SUbject YeaS-Mayor Ludwig, Council- however, to existing right of way men McCauley, Pfohl, Pregler, therein for Chicago, Milwaukee, St. Schultz. Paul Railway Company. NaYs-None. Section 2. That the City Clerk Mayor Lud wig moved that a pub- be and he is hereby authorized and lic hearing be held on the Ordi- directed to record a certified copy nance on March 20, 1967, at 7:30 of this Ordinance in the office of o'clock P. M. in the Council Cham- the County Recorder in and for ber at the City Hall and that the Dubuque County, Iowa. Clerk be instructed to publish no- Passed, adopted and approved tice of same as required by law. this 27th day of February, 1967. Seconded hy Councilman Pfohl. Richard Ludwig Carried by the fOllowing vote: Mayor Yeas-Mayor _ Ludwig, Council- M. Sylvester McCauley men McCauley, Pfohl, Pregler, Merlin F. Schultz Schultz. Eldon A. Pfohl NaYs-None. Walter A. Pregler Petition of Fuerste & Carew, at- Councilmen torneys, requesting conveyance of Attest: Leo F. Frommelt the north half of Bellevue Street City Clerk vacated as abutting Lots 90, 91, 92 Published officially in the. Tele- 93, 94, 95, 96, 97, 98 in Wood's graph Herald Newspaper this ...... Addn. to their client Mr. Dale Wer- day of........................, 1967. necke due to the fact that south Leo F. Frommelt half of these lots were preViously City Clerk conveyed in January, 1931, pre- Councilman Pregler moved adop. sented and read. tion of the Ordinance and the Clerk Councilman McCauley moved that be instructed to withhold puhli- the petition be referred to the City cation of same until further noti. Attorney for proper proceedings. fied. Seconded by Councilman Mc- Seconded by Councilman Schultz. Cauley. Carried hy the foIlowing Carried by the following vote: vote: YeaS-Mayor Ludwig, Council- Yeas-Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, men McCauley, Pfohl, Pregler, Schultz. Schultz. NaYs-None. NaYs-None. Session, February 27, 1967 Special 27, 1967 Pfohl. by the vote: Yeas-Mayor Ludwig, CounciJ.. men McCauley, Pfohl, Pregler, Schultz. Nays-None. Notice of claim of Mrs. Cather- ine Davis, in the amount of $140.85 as the result of a sanitary sewer back-up at 2854 White Street on Fehruary 22, 1967, presented and read. Councilman Pregler moved that the claim be referred to the City Solicitor for investigation and re- port. Seconded by Councilman Schultz. Carried by the foIlowing vote: Yeas-Mayor Ludwig, Council'- men McCauley, Pfohl, Pregler, Schultz. Nays-None. ORDINANCE NO. lU1 An ordinance vacating U..... Street from the north property line of Kimball Street to the north property line of Boatyanl Addition in the City of Dubuque, Iowa, presented and read. Councilman Pregler moved that the reading just had be considered the first reading of the Ordinance. Seconded hy Councilman McCaUl- ley. Carried hy the foIIowing vote: Yeas-Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays-None. Councilman Pregler moved that the rule requiring an Ordinance to be read on three separate days be waived. Seconded by Councilman McCauley. Carried hy the fo1Iowing vote: Yeas - Mayor Ludwig, men McCauley, Pfohl, Schultz. Nays-None. RESOLUTION NO. 49-67 WHEREAS, City of Dubuque, Iowa, has heretofore negotiated with J. C. Miller, Regina C. Miller, Robert E. Miller and Hattie Miller for the purchase by the City of Dubuque of the following described real estate for the total sum of $50,000.00: Lot 1 of the West Half of North- east Quarter (NE '4) of Section Four (4), Township 88 North, Range 2 East of 5th P. M., in Duhuque ORDINANCE NO. 14-67 An Ordinance amending and changing-Ordinance No. 3-34 known as the Zoning Map and Zoning Ordinance of the City of Dubuque so as to change cer- tain property hereinafter de- scribed (in A. P_ Wood's Addn.) from two family residence dis- trict classification to "multiple residence district" claSSification. presented and read. ORDINANCE NO. 13-61 An ordinance vacating Lime Street from the north property line of Kimball Street to the north property line of Boatyard Addition in the City of Dubuque, Iowa. WHEREAS, City of Duhuque', Iowa has determined that it would serve the best public interest that Lime Street from the north pro- perty line of KimbaII Street to the north property line of Boatyard Ad- dition in the City of Duhuq...., February 23, 1967 Hon. Mayor and City Council Gentlemen: On January 19, 1967, Mrs. James McCusker of 2722 Jackson Street of Dubuque, Iowa, filed claim against the City of Dubuque for injuries allegedly suffered on the 4th day of December, 1966, at the corner of 27th and White Street in the City of Dubuque, Iowa, as the result of a fall in the crosswalk, claiming a defective condition thereat. I have conferred with the claim- ant and have made an investigation of this matter and have found that the claimant splintered a bone in her right shoulder requiring medi- cal attention and she was off work as an employee for some two months and that the said claimant has made an offer of settlement of her claim in the amount of $75.00 and it is the recommendation of the City Attorney that said offer of settlement be accepted, and that the City Auditor be instructed to draw a warrant payable to James McCusker and Josephine McCusker, individually and as husband and wife in the amount of $75.00 and transmit same to the City Attorney for delivery upon receipts of duly executed release. Original claim is attached here- with. RespectfuIly Mayor Ludwig moved that the recommendation of the City Attor- ney he approved. Seconded by Councilman Pregler. Carried by the following vote: Yeas-Mayor Ludwig, Council- men McCauley, PIohl, Pregler, Schultz. Nays-None. Notice of claim of Arthur S. Bresnahan of 1497 Curtis Street, in an approximate amount of $300 for car damage as the result of being struck by a fire truck at Nevada and University on Febru- ary 23, 1967, presented and read. Councilman Pregler moved that the claim be referred to the City Solicitor for investigation and re- port. Seconded by Councilman "~ foIlowiDi Council- Pregler, Carried February submitted, R. N. Russo City Attoruey Session, Council Pregler Special Yeas-Mayor Ludwig, men McCauley, Pfohl, Schultz. Nays-None. 108 III ing Commission of the buque, Iowa: Section 1. That based upon an analysis of the Zoning Map and text of the present Zoning Ordi. nance, there is hereby found and determined that the zoning districts for the Project and the area im- mediately surrounding the Project are inappropriate and inadequate. Section 2. That based on a study and analysis of the Land Used Plan and Zoning Proposals for the Proj- ect and the area immediately sur- rounding the Project, there is here- by found that the proposed zoning districts will A. Help implement the proposed Urban Renewal Plan. B. Provide effective zoning to in- sure continuous and planned growth within the Project area, and C. Protect the Integrity of the Urhan Renewal Plan by ap- plying proper controls to the surrounding areas. Section 3. That proper and time. Iy applications for the proposed zoning changes be made by the Local Public Agency to A. Facilitate sound execution of the Project; B. A void piecemeal, uncoordinat- ed zoning; and C. Avoid undue fluctuations in land values within the Proj. ect. Passed, adopted and approved this 16th day of Fehruary, 1967. Frank GIah Secretary Du- RESOLUTION NO. 5~7 Resolution of City Council of Dubuque, Iowa, authorizing an advisory referendum on the ex. pendi!ure of $2,400,000.00 of pub- lic funds for Federal Urban Re- newal Project #1 and making the results binding upon the City Council. WHEREAS-The people of Du- buque have voted intelligently in the past. WHEREAS-The magnitude of the project will require complete public support to succeed and WHEREAS-The expenditure of a minimum of f,!,400,OOO.OO of public funds is anticipated for the Federal Renewal Project #1 for the City of Dubuque, Iowa. THEREFORE-Be it resolved that an advisory referendum be City of 27, 1967 Session, February ing Commission of the City of Du. buque, Iowa: Section 1. That based on an anal- ysis of the Urban Renewal Plan for the Downtown Urban Renewal Project, Iowa R-15, it is hereby found and determined that the said Plan conforms to the general plan for the development of the City of Dubuque, Iowa, as a whole. Passed, adopted and approved this 16th day of February, 1967_ Frank GIab Secretary RESOLUTION NO. 2-67 Recommending the proposed zoning for the Downtown Urban Renewal Project, Iowa R.15. Whereas( the City of Dubuque (herein referred to as the Local Public Agency) has completed cer- tain plans and studies under a Contract for a Planning Advance dated August 26, 1965 with the United States of America (herein referred to as the Government) in connection with the Downtown Ur- ban Renewal Project, Iowa R-15 (herein referred to as the Project); and Whereas, the Local Public Agen- cy has prepared and is submitting the Final Project Report and an- tiCipates entering into a Loan and Capital Grant Contract with the Government; and Whereas, the present zOning for the Projects area is "business Dis. trict" and "light Industrial Dis- trict" zoning; and Whereas, an analysis of the text of these zoning districts in the Zoning Ordinance of the Local Public Agency indicates that they permit a wide range of uses and activities that are incompatible with the planned development of the Project area; and Whereas, these existing zoning districts are not so designed as to protect the Project area nor to fos. ter proper development in the sur- rounding areas; and Whereas, there has been sub- mitted Zoning Proposals for the Project and for the area immedi. ately surrounding the Project area providing for "Central Business District/' "Central Commercial Dis- trict," and "Office/Service Dis- trict" zoning districts. NOW THEREFORE, BE IT RE- SOLVED by the Planning and Zon- Special Session, February 27, 1967 their meeting on February They are as follows: Resolution No.1. "Recommend- ing the Urban Renewal Plan for the Downtown Urban Renewal Project, Iowa R-15." Resolution No.2. "Recommend. ing the proposed zoning for the downtown Urban Renewal Project, Iowa R-15." RespectfuIIy submitted, Don Gilson Director of Planning Mayor Ludwig moved that the resolutions be received and made a matter of record. Seconded by Councilman McCauley. Carried by the followiog vote: Yeas-Mayor Ludwig, men McCauley, Pfohl, Schultz. Nays-None. RESOLUTION NO. 1 Recommending the Urban Renew. al Plan for the Downtown Urban Renewal Project, Iowa R.15. Whereas, the City of Dubuque (herein referred to as the Local Public Agency)) has completed cer- tain plans and studies under a con- tract for a Planning Advance dated August 26, 1965 with the United States of America (herein referred to as the Government) in connec- tion with the Downtown Urban Re. newal Project, Iowa R-15 (herein referred to as the Project); and Whereas, the Local Public Agen- cy has prepared and is submitting the Final Project Report and an. ticipates entering into a Loan and Capital Grant Contract with the Government; and Whereas, Section 403.5 of the 1966 Code of Iowa prescribes that prior to the approval of the Urban Renewal Plan for the Project by the Local Public Agency, such plan must be submitted to the Planning and Zoning Commission of the City of Dubuque, Iowa (herein referred to as the Commission) for its rec- ommendations as to conformity with the general plan for the de- velopment of the Local Public Agency as a whole; and Whereas, the Urban Renewal Plan for the Project has been sub. mitted for such recommendations to the Commission. NOW THEIlEFORE, BE IT RE- SOLVED by the Planning and Zon- 16th. Council- Pregler, Section 2. That the real estate hereinabove described be and the same is hereby designated for park purposes. Passed, adopted and approved this 27th day of Fehruary, 1967. Richard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman McCauley. Carried by the following vote: Yeas-Mayor Ludwig, men McCauley, Pfohl, Schultz. Nays-None. February 22, Honorable Mayor and City Councilmen Dear Mayor and Councilmen Transmitted herewith are copies of two resolutions pertaining to Urban Renewal which were adopt- ed by the Planning Commission at Council. Pregler, 1967 Section 1. That the delivery of Warranty Deed by J_ C. Miller, Regina C. Miller, Robert E. Miller and Hattie Miller conveying to City of Dubuque, Iowa, for the sum of $50,000.00 be and the same is here- by approved and delivery of said Warranty Deed and conveyance of said real estate is hereby accepted by the City of Dubuque, Iowa. Special County, Iowa, according to the re- corded plat of said Sudivision; Min. eral Lots 272, and 273, Lot 1 of Mineral Lot 271, Lot 1 of Mineral Lot 274, and Lot 1 of Mineral Lot 276, in Dubuque Township, Du- buque County, Iowa, according to Anderson's Map of Mineral Lots in Julien Township and Vicinity and the recorded Plat of said Subdivi- sions; subject to highway, also sub. ject to easement granted Northern Natural Gas Company, a Delaware corporation, recorded in Book of Lands #46, page 55, records of Du- buque County, Iowa, and also sub- ject to easements granted Inter- state Power Company, a Delaware Corporation, recorded in Book of Lands #59, pages 637 and 638, records of Dubuque County, Iowa, containing 207 acres, more or less. 110 j 113 Section 2. That an application on behalf of the City of DUbuque for a loan under Section 102 (a) of said Title I in the amount of $8,629,877 for a Project Capital Grant and a Relocation Grant to the full amount available for un- dertaking and financing the Proj. ect is hereby approved, and that the City Manager and the Director of Urban Renewal are hereby au- thoried and directed to execute and to file such application with the Department of Housing and Urban Development, and to pro- vide such additional information and to furnish such documents as may he required in behalf of said Agency, and to act as the author- ied correspondent of the City of Dubuque. Passed, adopted and approved this 27th day of February, 1967. Richard Ludwig Mayor M. Sylvester McCauley Walter A. Pregler Councilmen Attest: Leo F. Frommelt City Clerk Councilman McCauley m 0 11 e d adoption of the resolution. Sec- onded by Councilman Pregler. Car- ried by the following vote: Yeas-Mayor Ludwig, Council- men McCauley, Pregler. Nays-Councihnan Pfohl, Schultz. RESOLUTION NO. 52-67 Approving and Establishing a Rent Supplementation Program providing Assistance to Eligible Families to be Relocated from the Downtown Urban Renewal Projectl Iowa R-15. Whereas, the City of Dubuque (herein referred to as the Local Public Agency) has completed cer- tain plans and studies under a Con- tract for a Planning Advance dated August 26, 1965, with the United States of America (herein referred to as the Government) in connec- tion with the Downtown Urban Renewal Project, Iowa R-15 (here- in referred to as the Project); and Whereas, the Local Puhlic Agency has prepared and is sub- mitting the Final Project Report and anticipates entering into a Loan and Capital Grant Contract with the Government; and Whereas, field studies, reloca- tion interviews and other evidence 27, 1967 Session, February tersection with the south right-of- way of Fourth Street; thence west along the south right-of-way line of Fourth Street to its intersection with the west right-of-way line of Locust Street; thence north along the west right-of-way line of Lo- cust Street to its intersection with the north right-of-way line of Ninth Street; thence east along the north right-of-way line of Ninth Street to its intersection with the east right-of-way line of Central Avenue which is the point of be- ginning. herein referred to as the "Proj- ect"; and Whereas, it is recognized that the Federal contract for such financial assistance pursuant to said Title I will impose certain obligations and responsibilities upon the Local Public Agency and will require among other things: (1) The provision of local grant- in-aid; (2) A feasible method for the re- location of individuals and families displaced from the project area; and (3) Other local obligations and responsibilities in connection with the undertaking and carrying out of urban renew- al projects; and Whereas, Title VI of the Civil Rights Act of 1964, and the regu- lations of the Department of Housing and Urban Development effectuating that Title, provide that no person shall, on the ground of race, color, or national origin, be be denied the benefits of, or be subjected to discrimination in the undertaking and carrying out of urban renewal projects assisted under Title I of the Housing Act of 1949, as amended; and Whereas, the objectives of the Urban Renewal Plan cannot be achieved through more extensive rehabilitation of the Project area. NOW THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa: Section '- That the United States of America and the Secretary of the Department of Housing and Urban Development be, and they hereby are assured of full compli- ance by the City of DUbuque with regulations of the Department of Housing and Urban Development effectuating Title VI of the Civil Rights Act of 1964. Special 27, 1967 Mr. Frank Licciardi, 869 Iowa St., AI. Weitz, 2999 Burden Ave., R. F. Sefzik, Clark St., Dr_ R. L. Barton of 1180 Mt. Loretta, Joe Vize of 2875 Windsor Ave., Robert Justman of 1920 Loras Blvd., R. J. Taylor, R. R. #1 of Boleyn Road, addressed the Council as being op- posed to Urban Renewal for one reason or another. Dr. Paul Laube, chairman of the DCDAC group, Mr. Nic Schrup, Dallas Murphy, 748 English Lane, Joe Graham of Graham Clothiers, Richard Upton of Chamber of Commerce, Donald Meyers of 2314 WaShington St. and Roger Rhomberg, 245 Fremont, were more or less all in agree- ment that it would be almost im- possible to further the program of downtown renewal other than by the proposed urban renewal meth- od. The downtown area is in des- perate need of overhaul and the present property owners in the downtown area have done little or nothing to improve the situation. The other alternative would be to consider outside help to ac- complish downtown revitalization. After approximately a two hour discussion on the problem of urban renewal Councilman Pregler moved that discussion be closed. Second- ed by Councilman McCauley. Car- ried by the foIIowing vote: Yeas-Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays-None. RESOLUTION NO. 51-67 Authorizing the Filing of an Application for Loan and Grant for the Downtown Urban Renew- al Projectl Iowa R-15. Whereas, it is necessary and in the public interest that the City of Dubuque avail itself of the finan- cial assistance provided by Title I of the Housing Act of 1949, as amended, to carry out the urban renewal project described as Down- town Urban Renewal Project, Iowa R-15; and bounded as foIIows: Being located in the City of Du- buque, the County of Dubuque and the State of Iowa and described as foIIows: Beginning at the intersection of the north right-of-way line of Ninth Street with the east right-of-way line of Central Avenue; thence south along the east right-of-way line of Central A venue to its in- Session, February held on the expenditure of public funds in the amount of $2,400,- 000.00 for the proposed Federal Urhan Renewal Project #1 for the City of Dubuque, Iowa, and that the results of such Advisory Refer- endum be considered binding on the City Council of Dubuque, Iowa. (This resolution was prepared and ,submitted in the public inter- est by Duhuque City Councihnan Eldon A. pfohL) Passed, adopted and approved this 27th day of February, 1967. Councilman Pfohl moved adop- tion of the resolution. Seconded hy Councihnan Schultz. The vote was as follows: Yeas---{;ouncihnen Pfohl, Schultz. Nays-Mayor Ludwig, Council- men McCauley, Pregler. Resolution failed to carry for lack of a majority. Petition of Frank Licciardi (402 signatures) requesting the pro- posed Urhan Renewal be brought before the citizens in the form of a city-wide referendum, presented and read. Councilman McCauley m 0 v e d that the petition be received and filed. Seconded by Councilman Pregler. Carried by the foIlowing vote: Yeas-Mayor Ludwig, Council- men McCauley, pfohl, Pregler, Schultz. Nays-None. Councilman Pfohl moved that the rules be suspended in order to let anyone present address the Council if they so desire on the subject of Urban Renewal. Sec- onded by Mayor Ludwig. Carried by the foIlowing vote: Yeas-Mayor Ludwig, Council men McCauley, Pfohl, Pregler, Schultz.Nays-None. Special Mayor Councilmen 112 ,,,,,,- -- -.-- "--~-~ --"-==---~-~ Special Session, February 27, 1967 115 of Urban Renewal or its Carried by the fOIlowing vote: legal successor. Yeas-Mayor Ludwig, COuncil- B. Puhlic funds shaIl be used men McCauley, Pfohl, Pregler, for the rent supplementa_ Schultz. tion payments and shaU be Nays-None. deposited in accordance with Mr. Jim Habel addressed the an Escrow Agreement ap. Council along with some of his proved hy the City Solicitor neighbors objecting to the pro- with a local depository ap. posed parking restriction on both proved hy the City Treas- sides of N. Grandview Avenue. urer. Mr. Robert Molo of the Molo C. The amount of $3 600 which Oil Company addressed the Coun- is estimated to b~ the first cil hy stating that they would like annual funding requirement to stay in the Urban Renewal area shall be deposited initially to further servicing cars. He was and additional deposits shall advised to submit his request to he made as needed until all the Urban Renewal Director Gent eligible families and indi- M. Wittenberg. viduals have been assisted to There being no further business the extent to which they Councilman McCauley moved to are entitled. adjourn. Seconded hy Councilman D. The Escrow Agent wiIl dis- Pfohl. Carried hy the foIlowing pense funds to eligihle fam- vote: . ilies and individuals as di- Yeas-Mayor LudWIg, rected hy the Department men McCauley, Pfohl. of Urban Renewal Or its Schultz. legal successor but will Nays-None. make no determination with Leo F. respect to the eligihiIity or amounts to be paid. Council- Pregler, Frommelt City Clerk Section 3. That the Rent Supple- mentation Program wiII be in fuIl force and effect as soon as prac. ticable after the execution of a Loan and Capital Grant Contract with the Government. Passed, adopted and approved this 27th day of Fehruary 1967. Richard Ludwig Mayor M. Sylvester McCauley Walter A. Pregler Councilmen Attest: Leo F. Frommelt City Clerk Mayor Ludwig moved adoption of the resolution. Seconded by Councilman McCauley. Carried by the foUowing vote: Yeas-Mayor Ludwig, Council- men McCauley, Pregler. NaY8-Councilmen pfohl, Schultz. Petition of Lyle Dewey et al (69 signatures) Objecting to the proposed no parknig restriction on both sides of North Grandview from Audubon to Thirty Second Street, presented and read. Councilman Pregler moved that the petition be referred to the Manager and Traffic Department. Seconded hy Councilman pfohl. Special Session, February 27, 1967 the rent allowance is inade- quate shall receive the dif- ference between the amount of the rent allowance and the gross monthly rent of the dwelling unit to which they have relocation without deduction from the welfare assistance of the amount of the rent supplementation. The ability to pay shaIl or- dinarily be defined as 30% of the gross monthly income of an individual, 25% for a 2-4 person family, and 20% for a 5 or more person fam- ily. Due and proper consid- eration shall be given to a family and individual's mini- mum subsistence require~ ments as outlined by. the State of Iowa Department of Social Welfare so that a lessor ratio may be used. Assistance. Rent supplementation shall be provided to each eligible family and individual for a period of five years from the date of their relocation necessary, or The City of Dubuque makes publiC housing or housing assistance un- der the Federal Rent Supplement Pro g ram available to the family or individual, or The family or individual refuses to allow a quar- terly review of their ability to payor a month- ly review if this is deemed to be in the best interests of the City, or The family or indiivdual moves from the City of Dubuque, or The family or individual refuses to. accept a stand- ard dwelling unit ade- quate as to size, location and within their ability to pay. Administration A. Responsibility of adminis- trating the rent supplemen- tation program shall be vested in the Department Until the economic con- dition of the family or individual is no longer C. Duration of A. 2) or 1) 3) 4) 5) 2. 3. 114 indicates that there is an insuf- ficient number of standard dwel- ling units in the City of Dubuque within the ability to payoff ap- proximately five individuals and nine families; and Whereas, Section 403.5 of the 1966 Code of Iowa Provides that a feasible method must exist for the location of families who will be displaced from the Project into recent, safe and sanitary dwelling accommodations within their means and without undue hardship; and Whereas, it is necessary to. es~ tablish a local rent supplementa. tion program as authorized by Sec- tion 403.6 of the 1966 Code of Iowa to permit a feasible method for the relocation of such low income families; and Whereas, it is necessary that the funds for the rent supplementation program be placed in an Escrow account to assure the Government and the eligible families that the 10Chl rent supplementation pro- gram will he effectuated. NOW THEREFORE, BE IT R& SOLVED by the City Council of the City of Dubuque, Iowa: Section 1. That based on an analysis of the field studies, re- location interviews and other evi~ dence, there is hereby found and determined that there is a deficit in the supply of standard housing in the City of Dubuque within the ability to pay of certain families to he displaced by the Project. Section 2. That the local Public Agency in recognizing and acknowl~ edging its obligation and responsi- bility for a feasihle method of re- locating these low income families hereby establishes a Rent Supple~ mentation Program and adopts the following policies for the pro- gram's operation. 1. Eligibility A. The amount of rent sup- plementation to be provided to a family or individual shaH equal the difference between the gross monthly rent of the dwelling unit to which they have relocated and their ability to pay as defined in Subsection C. B. The amount of rent supple- mentation to provide to a family or individual receiv- ing public assistance where