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1967 March Council Proceedings 117 ager and staff for investigation and report. Seconded by Council- man Pregler. Carried by the fol- lowing vote: Yeas-Mayor men McCauley, Schultz. Nays-None. CounciI- Pregler, March 6, 1967 To the Honorable Mayor and Members of tbe City Council. Gentlemen: In accordance with the provisions of Chapter 365 of the Code of Iowa 1966 the Civil Service Com. mission conducted Entrance Ex. aminations on February 19, 1967, for persons seeking appointments to both the Fire and Police De. partments. The fOllOwing named persons have passed both the written and physical examinations for the Fire Department and are hereby eerti. fied. Raymond G. Stephan....87.50% Robert J. Flick ..",.......70% Police entrance examinations given on the same date failed to produce the required results for certification. Five persons passed the written examination but were unable to qualify for the physical examination, up until this time. Gerard B. Noonan Chairman LeRoy H. Giles Louis F. Fautsch Civil Service Commission Attest: Leo F. Frommelt City Clerk Subscribed and sworn to before me this 6th day of March 1967. Eugene J. Berens Notary Public Mayor LUdwig moved the certi- fication be received and made a :matter of record. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor cilmen McCauley, Schultz. Nays-None. Ludwig, Coun- Pfohl, Pregler, 1967 reo 74 Court has additional March 6, Mayor Ludwig, Pfohl, March 6, 1967 Gentlemen: The MuniCipal quested that an To the Honorable and City Council Regular Session, CITY COUNCIL OFFICIAL Regular Session, March 6, 1967. Council met at 7:30 P.M. fC.S.T.) Presenf-Mayor Ludwig, Coun. cilmen McCauley, Pfohl, Pregler, Schultz. City Manager Gilbert D. Chavenelle. Mayor Ludwig read the call and stated that service thereof had been duly made and this is the regular monthly meeting of the City Council called for the pur. pose of acting upon such business as may properly come before the meeting. Printed Council proceedings for the months of November and De- cember 1966 presented for ap. proval. Councilman Pfohl moved that the printed proceedings for the months of November and De- cember 1966 be approved as printed. Seconded by Mayor Lud- wig. Carried by the following vote: Yeas-Mayor Ludwig, Council. men McCaUley, Pfohl, Pregler, Schultz. Nays-None. Communication of Dub u que Printing Pressmen & Assistants Union informing the City that the Union has withdrawn the Press- men's Union Label from the Tele. graph Herald operating in East DUbuque, TII., presented and read. Councilman McCaUley moved that the communication be referred to the Council. Seconded by Council. man Pregler. Carried by the fol- lowing vote: Yeas--Mayor men McCauley, Schultz. Nays-None. Oouncil- Pregler, Communication of Mayor's In- dustrial Committee recommending sale of a piece of city owned prop- erty adjacent to Frommelt Indus. tries Inc. on Huff Street and also recommending sale of approxi- mately two acres to Frommelt In- dustries Inc. in the Industrial Park between the present Coca Cola plant and the Vulcan Tool Industry presented and read. Mayor Ludwig moved that the communication be referred to the Council, City Man- Ludwig, Pfohl, <;>;r: 1967 Session, March 6, Regular 118 119 claim for damages to his car in the amount of $68.08 resulting from striking a hole in the street at the corDer of Vernon & Glen Oak on December 2, 1966. Original with. Councilman Pfohl moved tbat the recommendation of the City Attorney be approved. Seconded by Councilman Pregler. Carried by the following vote: Yeas-Mayor men McCauley. Schultz. Council. Pregler, ORDINANCE NO. 8.67 An Ordinance Changing the names of streets within the City Dubuque, said Ordinance having been prev- iously presented and introduced at Council meeting of February 6, 1967. presented for adoption. Ludwig, Pfohl, Councilman Pregler moved that the reading just had be considered the first reading of the Ordinance. Seconded by Councilman Pfohl. Carried by the following vote: Ludwig, Pfohl, Councilman Pregler moved that the rule requiring an Ordinance to. be read on three separate days be waived. Seconded by Council- man Pfohl. Carried by the follow- ing vote: Yeas-Mayor men McCauley, Schultz. Nays-None. Council Pregler On New Haven Street between Lots 1 & 2 or between 2622 and 2638. Notice of Claim of Mrs. Vernon Blaser, in the amount of $16.55, for plumbing expense incurred as the result of a backed-up sewer at 1203 Lincoln Ave., on an un- specified d ate, approximately three weeks previous to filing of claim, presented and read. Coun- cilman Pregler moved that the claim be referred to the City Solici- tor for investigation and report. Seconded by Councilman Schultz. Carried by the following vote: Yeas-Mayor Ludwig, Council men McCauley, Pfohl, Pregler Schultz. Nays-None. Notice of Claim of Mrs. Luella A. Sear, in the amount of $865.20 for real property damage incurred as the result of a backed-up sewer at '502 Wilson Ave., on January 9th and February 16, 1967, pre. sented and read. Councilman Preg- ler moved that the claim be re- ferred to the City Solicitor for in. vestigation and report. Seconded by Coucilman Schultz. Carried by the following vote: Yeas-Mayor Ludwig, men McCauley, Pfohl, Schultz. Nays-None. Council Pregler Ludwig, Pfohl, March 6, 1967 Hon. Mayor Gentlemen: On December 9, 1966, Harold B. Demkier of 1975 North Grand- view A venue, Dubuque, Iowa, filed City Council I have made an investigation of this matter and find that a defect exists thereat and the defandant did suffer $68.08 damages to his car and I recommend that his claim in the amount of $68.08 be paid and tbe City Auditor draw a warrant payable to Harold B. Dem- kier in the amount of $68.08 and transmit same to the City Attorney for delivery upon receipt of duly executed release. claim is returned here- Yours very truly, R. N. Russo City Attorney March 6, 1967 Session, on PUBLIC OFFICIAL BOND Romolo N. Russo, Western Surety Company SIDEWALK John Luber, United States Fidelity & Guaranty Co. Respectfully, Gilbert D. Chavenelle, City Manager desire same. Mayor Ludwig moved that the bonds b.e filed subject to approval of the City Solicitor. Seconded by Councilman McCauley. Carried by the follOwing vote: Yeas-Mayor Ludwig, men McCauley, Pfohl, Schultz. Nays-None. Council Pregler. Council Pregler 1967 To the Honorable and City Council Gentlemen: I request that you give me per- mission to authorize Durrant-Dein- inger - Dommer - Kramer ~ Gordon, Architects and Engineers, to pro- ceed with the design and contract documents for the fire station to be constructed on John F. Ken nedy Road. This work is outlined in Phase II and Phase ill of our contract with the arcbitects dated February 8, 1965. A copy of this contract is attached. I will go abead with the author. ization only after I have been as- sured by the bond attorneys that the papers and documents of the February 21st election are in proper order. Respectfully requested, Gilbert D. Chavenelle City Manager Councilman pfohl moved that the recommendation of the City Manager be approved. Seconded by Councilman Scbultz. Carried by tbe following vote: Yeas-Mayor Ludwig, men McCauley, pfohl, Schultz. Nays-None. & To the Honorable and City Council Gentlemen: This is to advise that I have approved the following bonds and New across Council- Pregler, Yeas-Mayor men McCauley, Schultz. Nays-None. March 6, Mayor On the easement between Lots 12.13 or between 2675 and 2665 New Haven. 2. 3. 2745 Ethel to have your approval Nays--None. and Between 2737 Haven (Ethel). On easement on from 2766 Ethel. 4. 2. Regular It is recommended that the new installations above be 175 Watt Mercury Vapor Lights. It is also recommended that the present light now located on the intersection of Prysi and New Haven be converted to Mercury Vapor. Respectfully submitted, Gilbert D. Chavenelle City Manager Council- Pregler, 1967 Councilman Pregler moved that the recommendation of the City Manager be approved. Seconded by Mayor Ludwig. Carried by the fol- lowing vote: Yeas-Mayor Ludwig, men McCauley, Pfohl, Schultz. Nays-None. March 6, Mayor square feet of space be rented. The space is adjacent to the North Court Room. It is and will be used for storing court documents. Attached is a letter from the Clerk of the Court requesting that the space be rented. Also attached is a letter of agreement from Fischer Realty and a copy of the original lease dated October 29, 1962. The lease was authorized by Council Resolu- tion 226-62 passed October 29, 1962. The. letter of agreement modifies the original lease by in~ creasing the monthly rental $20.00 per month. is requested that the Mayor City Clerk be authorized to the letter of agreement. Respectfully requested, Gilbert Chavenelle City Manager It and sign Council- Pregler, inter. New Gentlemen: Some years ago a petition was received for street lights on New Haven Street. It was the desire of the petitioners to have boulevard lighting. However, no arrangement could be made to share the cost. The neighborhood now has agreed to standard street lighting and the following recommendations are made: 1. February 28, 1967 To the Honorable Mayor and City Council Councilman Schultz moved that the recommendation of the City Manager be approved. Seconded by Councilman Pfohl. Carried by the following vote: Yeas-Mayor Ludwig, men McCauley, Pfohl, Schultz. Nays-None. tbe and On existing pole at section of Mineral Haven Streets. 121 RESOLUTION NO. S4-67 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 Cigar. ettes within the City of Dubuque, Iowa, be granted a permit to sell Cigarettes and Cigarette Papers within said City. Francis Barrett, 2600 Jackson Street. BE IT FURTHER RESOLVED that the bonds filed with the ap. plication be approved. Passed, adopted and approved this 6th day of March, 1967. Richard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler Councilmen Leo F. Frommelt City Clerk Council Pregler Councilman Pregler moved adop~ tion of the resolution. Seconded by Councilman Pfohl. Carried by the following vote: Yeas-Mayor Ludwig, men McCaUley, Pfohl, Schultz. NaYs-None. Session, March 6, 1967 Yeas-Mayor Ludwig, men McCaUley, Pfohl, Schultz. Nays-None. Attest relief of a parking problem which exists due to a neighboring estab- lishment whose customers seem to continuously park in his drive- way and on to his property, pre- sented and read. Councilman Preg- ler moved that the petition be referred to the Manager and Traf- fic Department. Seconded by Councilman Schultz. Carried by the following vote: Council- Pregler, WHEREAS, a distribution of ex- penditures and receipts of the City of Dubuque for "Municipal Street and Parking for the fiscal January 1, 1966 and ending December 31, 1966, has been duly prepared in ac- cordance with Chapter 312 and as amended by the 61st General As- sembly of Iowa, and submitted to this Council for approval; and WHEREAS, this Council has ex. amined the distribution of receipts and expenditures of the City of Dubuque, Iowa, for Municipal Streets and Parking, wherein the receipts and expenditures for the fiscal year are shown. RESOLUTION NO. S3-67 A Resolution approving the City of Dubuque, Iowa, 1966 Street Finance Report. Regular Yeas-Mayor Ludwig men McCauley, Pfohl, Schultz. Nays-None. - March 6, 1967 Manager. Seconded by Councilman Pfohl. Carried by the following vote: Petition of Raymond Taylor et al and Hydromation Plant Manager requesting that Decatur Street from Garfield Ave. to the Railroad tracks be re-opened and returned to its original use as a street, presented and read. Councilman Pregler moved that the petition be received and filed. Seconded by Councilman Pfohl. Carried by the following vote: Yeas-Mayor Ludwig men McCauley, pfohl, Schultz. Nays-None. Council- Pregler, RESOLUTION NO. S5-67 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 "8" Beer Permit Private Club Fischer Bowling Lanes Club, Locust Street. Class "8" Beer Permit Mathias A. Schneller, 132 Avenue. Adele Fens, 210 West 1st Street. Raymond Charles Kratz, 2417- 2423 Rhomberg Avenue. it re- of the That distribution of receipts and expenditures for "Municipal Streets and Parking" as heretofore pre- pared, be and the same is hereby adopted and approved as the Street Finance Report for 1966. Passed, adopted and approved this 6th day of March, 1967. Richard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. pfohl Walter A. Pregler Councilmen _.~....' 880 8th Council- Pregler, Petition of A.1 Plumbing & Heat. ing Co. requesting permission to excavate at 887 Mt. Carmel Road (10 year Street), presented and read. Councilman McCauley moved that the petition be granted sub. ject to approval of the Engineer- ing Department. Seconded by Mayor Ludwig. Carried by the fol- lowing vote: Council Pregler Council Pregler. NOW THEREFORE, be solved by the City Council City of Dubuque, Iowa: l ) Leo F. Frommelt City Clerk Councilman McCauley moved adoption of the resolution. Sec- onded by Council Pfohl. Carried by the following vote: Yeas-Mayor Ludwig, men McCauley, Pfohl, Schultz. Nays-None. Yeas-Mayor Ludwig men McCauley, Pfohl, Schultz. Nays-None. Councilman Pregler moved that the rules be suspended in order to let anyone present address the Council if they so desire. Seconded by Mayor Ludwig. Carried by the following vote: Yeas-Mayor Ludwig, Council- men Pfohl, Pregler, Schultz. Nays-Councilman McCauley. Attest: ) Mr. R. J. Taylor again addressed the Council as to the value of Decatur Street as to an access route to his property. Mter con- siderable discussion Councilman McCauley moved that the status of Decatur Street remain as it is now and discussion be closed. Sec- onded by Mayor Ludwig. Carried by the following vote: Yeas-Mayor Ludwig, Council~ men McCauley, Pregler, Schultz. Nays-Councilman Pfohl. Petition of Dorance E. Cox of 2613 University Ave. praying for Petition of Molo Oil Co. request- ing a new location in the pro~ jected urban renewal area, if their present gas service station at 5th & Locust Street, must be- removed, presented and read. Mayor Lud- wig moved that the petition be received and filed and a copy of said petition be made available to the Urban Renewal Director. Sec- onded by Councilman McCauley. Carried by the following vote: Ludwig, Council- Pfohl, Pregler, Yeas-Mayor men McCauley, Schultz. Nays-None. Petition of Dubuque Shriners Club requesting permission to hold a parade on Saturday May 6, 1967, presented and read. Councilman Pregler moved that the petition be referred to the Mayor and City Regular Session, Councilman Pregler moved final adoption of the Ordinance. Sec- onded by Councilman Pfohl. Car- ried by the following vote: Ludwig, Pfohl, Council- Pregler, Attest: Leo F. Frommel City Clerk PubliShed officially In The Telegraph- Herald Newspaper this lOth day of March,1967. Leo F. Frommelt City Clerk ORDINANCE NO. 8-67 An Ordinance changing the names of streets within the City of Dubuque. Be It Ordained by the City Council of the City of Dubuque: Section 1. That the following changes in the names of Streets within the City of Dubuque be and the same are hereby changed, the Changes to become effec- tive from and after the passage and publication of this Ordinance as required by law. The names of Streets shall be changed to read as follows: Rowan street from the north property line of South Grandview Avenue to the south properlY line of Kerrigan Road shall be called Julien Dubuque Drive. Old Timers Road from the north prop- erty line of Asbury street northerlY to the ciIY limits shall be called John F. Kennedy Road. East Ninth street extension from the south property line of East 12th street to the east property line of Pine street shall be called Kerper Boulevard. Section 2. That upon final passage a copy thereof shall be certified and filed with the County Recorder and CounlY Auditor of Dubuque CounlY, Iowa, and be entered of record in the Recorder's office in accordance with the law. Section 3. This Ordinance shall be in force and effect from and after its final passage by the Cltv Council and publication as provided by law. Passed, adopted and approved this 6th day of March, 1967. RICHARD LUDWIG Mayor M. SYLVESTER McCAULEY MERLIN F. SCHULTZ ELDON A, PFOHL WALTER A. PREGLER Councilmen Yeas-Mayor men McCauley, Schultz. Nays-None. 120 123 Mayor Ludwig moved the adop- tion of the resolution. Seconded by Councilman Pregler. Carried by the fOllowing vote: Yeas--Mayor Ludwig, men McCauley, Pfohl, Schultz. Nays-None. Mayor Ludwig moved that Coun. cilman Pregler be appointed to the Plumbing Board for a three year term beginning January 1, 1967. Seconded by Councilman McCauley. Carried by the following vote: Yeas-Mayor Ludwig, Council men McCauley, Plohl, Pregler. Schultz. NaYs-None. Council Pregler 1967 March 6, Regular Session, Passed, adopted and approved this 6th day of March, 1967. Richard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler Councilmen Frommelt City Clerk F. Councilman Schultz moved adop- tion of the resolution. Seconded by Mayor Ludwig. Carried by the following vote: Yeas-Mayor Ludwig, men McCauley, pfohl, Schultz. NaYs-None. Council Pregler, Leo Atest: 1967 Raymond Charles Kratz, 2417. 2423 Rbomberg Aveuue. Herbert E. Althaus, 1575 Cen- tral Avenue. Maryel M. Birkett, 1064 Univer- sity Avenue. Raymond McLaughlin, 2222 Cen. tral Avenue. Florance T. Deutsch, 45 West 13th Street. Louis E. Willcox, 2412 Central Avenue. Aristo Foods of Iowa, Inc.. 1111 Dodge Street. Permit 2119 Rhom- There being no further business Councilman McCauley moved to adjourn. Seconded by Mayor Lud- Wig. Carried by the fOllOWing vote: Yeas-Mayor Ludwig, Council. men McCauley, Pfohl, Pregler, Schultz. NaYs-None. Leo Frommelt City Clerk F. l~ ':1 "111~ I'mil ,'III'!i III Ii 0:'111" II 111;i ii~ r il oil dl::IL ,Iii' ~,. .................1967 967 ...............Co.u.ncilmen. Attest: City Clerk Session, March 6, C lass lie Anthony L. berg Avenue. Eagle Food Centers, Inc. 200 South Locust Street. Approved Adopted RESOLUTION NO. S8-67 WHEREAS, applications for Liq- uor Permits were filed by the with. in named applicants and they have received the approval of this Coun- cil, and WHEREAS, the premises to be occupied by such applicants were inspected and found to comply with the State Law and all City ordinances relevant thereto and they have filed proper bonds; NOW THEREFORE BE IT RE- SOLVED by the City Council of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the follOWing named applicant a Liquor Pennit. Class "C" Commercial Establishment Raymond Charles Kratz, 2417. 2423 Rhomberg Avenue. Passed, adopted and approved this 6th day of March, 1967. Richard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. pfohl Walter A. Pregler Councilmen Leo F. Frommelt City Clerk Attest Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Mayor Ludwig. Carried by the following vote: Yeas-Mayor Ludwig, men McCauley, pfohl, Schultz. Nays-None. RESOLUTION NO. 57-67 WHEREAS, applications for Liq~ lior Permits have been submitted to this Council for approval and the same have been examined. NOW THEREFORE BE IT RE- SOLVED, by the City CoUncil of the City of Dubuque, Iowa, that the following applications be grant. ed and licenses issued upon the compliance with the terms of the Iowa Liquor Control Act-Chapter 123-as amended by the 60th Gen. eral Assembly, 1963. Class "CII Commercia I Establishment Raymond Charles Kratz, 2417 Rhomberg Avenue. II Beer Fecker, #109, BE IT FURTHER RESOLVED that tbe bonds filed by such appli- cants be and the same are hereby approved. Passed, adopted and approved this 6th day of March, 1967. Richard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler Councilmen 2417- Council Pregler Council. Pregler, RESOLUTION NO. 56-67 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 be occupied by such applicants were inspected and found to comply with the ordinances of this City and they have filed proper bonds; NOW THEREFORE, be it re- solved by the City Council of the City of Dubuque, Iowa, that the Manager be and he is hereby di- rected to issue to the following named applicants a Beer Permit. 8th Street. 880 Herbert E. Althaus, 1575 Central Avenue. Maryel M. Birkett, 1064 Univer- sity Avenue. Raymond McLaughlin, 2222 Cen. tral Avenue. Florance T. Deutsch, 45 West 13th Street. Louis E. Willcox, 2412 Central Avenue. Aristo Foods of Iowa, Inc., 1111 Dodge Street. Class "C" Beer Permit Anthony L. Fecker, 2119 Rbom- berg Avenue. Eagle Food Centers, Inc., #109, 200 South Locust Street. Passed, adopted and approved this 6th day of March, 1967. Richard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler Councilmen Mayor Ludwig moved adoption of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas-Mayor Ludwig, men McCauley, Pfohl, Schultz. Nays-None. Class "B" Beer Permit Private Club Fischer Bowling Lanes Locust Street. Class Mathias Avenue Adele F. Frommelt City Clerk Leo Attest: Club, UB" Beer Permit A. Schneller, 132 210 West 1st Regular 122 Fens, 125 ing that the City subsidizes a sub- stantial portion of the Shelter's costs without having anything to say as to its operation, presented and read. Councilman Pregler moved that the communication be received and filed. Seconded by Councilman Schultz. Carried by the following vote: Yeas-Mayor Ludwig, Council- men McCauley, Pregler, Schultz. Nays-None. Absent-CounciIman Pfobl. Councilman Pregler moved that the rules be suspended in order to let anyone present address the Council if they so desire. Second- ed by Councilman Schultz. Carried by the following vote: Yeas-Mayor Ludwig, Connei: men McCauley, Pregler, Schultz. Nays-None. Absent-Councilman Pfohl. Mr. Phend, Kennel man at the Humane Society Shelter. addressed the Council by stating that he is at the shelter 24 hours per day. He further stated that he knows how every cent is spent and could furnish a report of all shelter ac- tivities if the City Council would so desire it. Mr. Lampe stated that in his opinion the City should have a report and have something to say about the supervision of the shel- ter. Communication of Hartford Acci- dent & Indemnity Co. advising of the cancellation of the sidewalk construction bond issued to the Adams Realty Corporation to be effective on April 13, 1967, pre- sented and read. Councilman McCauley moved that the cancellation be approved. Sec- onded by Councilman Schultz. Car- ried by the fOllowing vote: Yeas-Mayor Ludwig, Council men McCauley, Pregler, Schultz. NaYs-None. Absent-Councilman pfobl. Communication of Iowa Oil Com- pany requesting consideration for a suitable location in the Urban Renewal Area, in the event their property located at Fourth and Lo. cust is included in the Urban Re- newal project, presented and read. Mayor Ludwig moved that the communication be received and March 20, 1967 Session, Subscribed and Sworn to before me this 20th day of March, 1967. Eugene J. Berens Notary Public Councilman Pregler moved that the communication be received and made a matter of record. Seconded by Councilman Schultz. Carried by the fOlloWing vote: Yeas-Mayor Ludwig, Council men McCauley, Pregler, Schultz. Nays-None. Absent-Councilman pfohl. March 7, 1967 Honorable Mayor and City Council City of Dubuque Gentlemen: This is to certify that the cost for the sanitary Sewer facility to the Dubuque Boat Club Inc. on Front Street constructed accord- ing to Ordinance No. 77-60 was as follows '~r ~, 324 lin. ft. of 8" sewer @ $2.65 ................................$858.60 9 lin. ft. of Manhole Sidewall @ $18.50 ........ 2 No. of Manhole Bases @ $30.00 ........................ 2 No. of Manhole Rings and Covers @ $54.00 .. 203.50 60.00 Special 1967 Marcellus J. Pottehaum......72.5% Paul N. Schuster....................70.83% This would comply with Rule 7 under Rules & Regulations for Pro- motional Examinations for Police & Fire Departments which allows continuance of preference up to two years following the date of certification. Respectfully submitted, Gerard B. Noonan Chairman Louis F. Fautsch Civil Service Commission 108.00 $1230.10 Ordinance Publication Cost<; ..................."......... 34.22 Engineering Costs (City) 54.65 Total Costs ......................$1321.96 Based on a usable frontage of 351.5 feet the connection charges should be $8.761 per foot. Respectfully submitted, Dubuque Boat Club Inc. Ellwood "Woody" Flick Commodore Kenneth J. Schmidt Sec. Treas. Councilman McCauley moved that the certification be received and made a matter of record. Sec- onded by Councilman Schultz. Car. ried by the follOwing vote: Yeas-Mayor Ludwig, Council men McCauley, Pregler, Schultz. Nays-None. Absent-Councilman pfohl Communication of R. K. Lampe questioning the recent increase to the Humane Shelter, bringing the total monthly payment to $700, be. i ;1 I March 20, Special Session, Attest: Leo F. Frommelt Clerk Subscribed and sworn to before me this 20th day of March, 1967. Eugene J. Berens Notary Public Councilman Pregler moved communication be received made a matter of record. onded by Councilman Schultz. tied by the following vote: Yeas-Mayor Ludwig, Council- men McCauley, Pregler, Schultz. Nays-None. Absent-Councilman Pfohl. March 17, 1967 To the Honorable Mayor and Members of the City Council Gentlemen: In accordance with the provi- sions of Chapter 365 of the 1966 Code of Iowa, the Civil Service Commission conducted entrance examinations on February 15, 1967 for appointments to the Police Department. The following named persons passed both the written and physi. cal exams and their names are hereby certified for appointment to the Police Department. Mark H. Kisling ..".........",........94% William J. Gibson ....",.............75% The above certifications were somewhat delayed pending com- plete physical examinations and final approval of the Pension Board. RespectfuUy submitted, Gerard B. Noonan Chairman Louis F. Fautsch Civil Service Commission Attest: Leo F. Frommelt Clerk that and Sec- Car- CITY COUNCIL OFFICIAL Special session, March 20, 1967. Council met at 7:30 P.M. IC.S.T.) Present - Mayor Ludwig, Coun- cilmen McCauley, Pregler, Schultz, City Manager Gilbert D. Chava- nelle. Absent-Councilman Pfohl Mayor Ludwig read the call and stated that service thereof had been duly made and this meeting is called for the purpose of con- ducting a public hearing on the Amendment of the Current Budget, and acting upon such other busi- ness as may properly come before a regular meeting of the City Council. 124 March 9, 1967 To the Honorable Mayor and Members of the City Council Gentlemen: On March 8, 1967 the Civil Serv- ice Commission met in special ses- sion to arrange for promotional ex- aminations which must be given this year during the month of April. It was brought to the attention of the Civil Service Commission that an unforseen condition has arisen as to the hiring of fire. men, from the last certified pro- motional list for Fire Lieutenants, which was certified to the City Council on May 10, 1965. At that particular time the certified list should have been kept to ten per- sons, with the privilege of the Commission to submit a second list of over ten who successfully passed the examination with sev- enty per cent or better. However the list as certified contained twelve men. Due to the reduced hours granted to Firemen under the State law the list has been ex- hausted as to the ten first men on the eligible list. As a result the Fire Chief had to caU on the remainder of the list, over the first ten, to serve in the ca- pacity of lieutenants. We therefore wish to re-certify two members, over the list of the original ten, for the position of Lieutenants as follows: - 127 Fire Department. I am enclosing for your review a job classification and description of the position. This position will be under Civil Service and it will be filled by Civil Service examination, which will be held as soon as practicable. Respectfully requested, Gilbert D. Chavenelle City Manager March 20, 1967 Councilman Pregler moved that the request of the Manager be ap- proved. Seconded by Councilman McCauley. Carried by the follow- ing vote: Yeas-Mayor Ludwig, Council~ men McCauley, Pregler, Schultz. Nays-None. Absent-Councilman Pfohl. March 17, 1967 Mayor Session, condition of the lot to the atten- tion of County officials and ask that it be cleaned. Also, we have indicated to the petitioners that the burning of brush could be ac- complished under proper arrange- ments with the Fire Department. I have written to both the Sanita- tion and the Fire Chief appraising them of the situation. I have also written the petition- ers informing them of the staff re- port and reminding them that the City service provided in the area has been excellent. For example: Mountain Lane has been wid- ened, graded and sealed. It will probably be resealed again this year. Florence Street (Villa to Moun- tain Lane) was sealed several times in the past seven years. The last in 1965. Street Villa 1965. In 1965 the extension of Flor- ence Street was graded and a berm constructed in order to control the flow of water. The water channel was filled with broken cement and grouted for a distance well past the house of the abutting resident.. During the winter the Mountain Lane area is salted, and in par- ticular, Florence Street Extension is salted about twenty feet beyond Mountain Lane in order to permit easy access to the driveway of an abutter. Special March 20, 1967 the Plaza 20-Devon Mayor Ludwig moved that the communication be received and filed, and a copy of Mr. Dyer's letter be sent to each Councilman. Seconded by Councilman Pregler. Carried by the following vote: Yeas-Mayor Ludwig, Council- men McCauley, Pregler, Schultz. Nays-None. Absent-Councilman Pfohl. To the Honorable and City Council Gentlemen: A petition from the Mettel Real- ty and Investment Company has been received requesting permis- sion to install street lighting along with underground cable in St. Anne Drive, Ridge Road, Tyler Road and Regis Court in Mettel. Link Addition. This lighting will be installed in accord with City requirements. There will be seven 175 watt mer- cury vapor lights on twenty foot steel standards. Three lights on Hickory Hill on easements between Lots 4 and 5, 17 and 18 and 21 and 22. One light on Hickory Hill between Lots 9 and 10. D. ChavenelLe City Manager in- this It is recommended that stallation be authorized. Respectfully, Gilbert I am certain that the petitioners agree that they have been wen served. Respectfully, Gilbert D. Chavenelle City Manager Councilman Schultz moved that the report 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 Court Respectfully, Gilbert D. Cbavenelle City Manager D. Chavenelle City Manager Mayor Ludwig moved that the recommendation of the Manager be approved. Seconded by Coun- cilman Schultz. Carried by the fol. lowing vote: Yeas-Mayor Ludwig, Council- men McCaUley, Pregler, Schultz. Nays-None. Absent-Councilman Pfohl. Councilman Pregler moved that the communication be received and filed. Seconded by Councilman Schultz. Carried by the following vote: Ludwig, Council- Pregler, Schultz. Yeas-Mayor men McCaUley, Nays-None. Absent-Councilman 1967 Gentlemen: This is to advise that I have ap- proved the fOllowing bonds and desire to have your approval on same. bus service in Drive area. It does not appear at the time that the requested service can be rendered by Interstate Power Com- pany. Interstate Power will continue to study and analyze transit service for this area, and perhaps can run a route on a trial period this fall. Attached is a letter from Mr. R. J. Dyer dated March 6th. Respectfully, Gilbert D. Chavenelle City Manager in coated seal was 1967 Gentlemen: Enclosed you will find the monthly report of the Health De- partment for the month of Janu- ary, 1967. Respectfully, Gilbert Gentlemen: I am returning to you the peti- tion regarding the condition of a lot and the drainage in the Moun- tain Lane and Florence Street loca- tion. Two members of the City Staff inspected the area and made a written report which I have en- closed. I also inspected the loca. tion and concur with the report. Since the lot in question belongs to the County, we will bring the 1967 Pfohl March 17, To the Honorable Mayor and City Council March 20, To the Honorable Mayor and City Council 1967 To the Honorable and City Council Gentlemen: I request that the position, As- sistant Chief, Training and Person- nel Officer, be established in the Special Session, filed and a copy of same be sent to the Urban Renewal Director. Seconded by Councilman McCauley. 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 February 1967, pre. sented and read. Councilman Pregler moved that the proof of publication be re- ceived and filed. Seconded by Councilman Schultz. Carried by the following vote: Yeas-Mayor Ludwig, Council men McCauley, Pregler, Schultz. Nays-None. Absent-CounciIman Pfohl. March 17, To the Honorable Mayor and City Council 1967 To the Honorable and City Council Gentlemen: A petition is being presented to you for street lights on Hickory Hill and Hickory Hill Court. The area has been investigated and it is recommended that four 175 watt mercury vapor lights be installed: Councilman Schultz moved that the recommendation of the Man- ager be approved. Seconded by Mayor Ludwig. Carried by the fol. lowing vote: Yeas-Mayor Ludwig, Council men McCauley, Pregler, Schultz. Nays-None. Absent-Councilman Pfohl. Pfohl 17, March Mayor 126 15, March Mayor 1967 9, March Mayor onorable Council Iowa - 129 original Council- Schultz. Eisenegger be denied and claim is attached hereto. Respectfully submitted, R. N. Russo City Attorney Councilman Pregler moved that the recommendation of the City Attorney be approved. Seconded by Councilman Schultz. Carried by the fOllowing vote: Yeas-Mayor Ludwig, men McCauley, Pregler. Nays-None. Absent-Councilman Notice of Suit of John A. & Mar- vel M. Link praying for a decree adjUdging that Ordinance No. 13- 65 is invalid and that said ordi. nance does not apply or affect real estate owned by them described as Lot 1 of 1 of 1 of SE\14 SElf. Sec. 21 Twp. 89 N.R. 2 E. presented and read. Councilman Pregler moved that the notice of suit be referred to the City Solicitor for investigation and report. Second- ed by Councilman Schultz. Carried by the following vote: Yeas-Mayor Pregler Council~ men McCauley, Pregler, Schultz. Nays-None. Absent-Councilman Pfohl. Notice of Suit of Emil & Thelma Althaus, in the amount of $5,000, for a foundation wall that col- lapsed on July 22, 1962. allegedly due to negligence of the City and George Saffran contractor, in the construction of an alley between Alta Place and North Algona run- ning from Delaware to Green Street, presented and read. Coun- cilman Pregler moved that the no- tice of Suit be referred to the City Solicitor for investigation and re- port. Seconded by Councilman Schultz. Carried by the following vote: Yeas - Mayor Ludwig, Council men McCaUley, Pregler, Schultz. Nays-None. Absent-Councilman Pfohl Pfohl In view of the foregoing, it is the recommendation of the City Attorney that the claim of Mr. Colson be denied as I find no ac- tionable negligence upon which to base recovery by Mr. Colson. Orig- inal claim is attached hereto. submitted, Councilman McCauley moved that the recommendation of the City Attorney be approved. Sec. onded by Councilman Schultz. Car. ried by the following vote: Council Schultz. Pfohl. March 15, 1967 Hon. Mayor and City Council Gentlemen: On December 19, 1966, John Eis- enegger filed claim against the City of DUbuque in the amount of $75.00 for damages allegedly suf- fered to his car as a result of same being sprayed by an oil coating during the seal coating of a City street. Session, March 20, 1967 amount of $25.00 to $100.00 for damages to his vehicle as the re- sult of allegedly striking a loose manhole at tbe alley lying be. tween Washington & Jackson Streets at the 2100 block, and that this matter was referred to the City Attorney and that I have made an investigation of this mat- ter and consulted with the Street Department who have examined the area and re-examined the area on this date at my direction and have reported to me that they could find nothing wrong with said manhole cover; that it is tight and appears to be in good proper or- der. Pregler Pregler, Respectfully R. N. Russo City Attorney Yeas-Mayor men McCauley, Nays-None. Absent-Councilman Special Tomahawk D. Chavenelle City Manager Councilman Schultz moved that the Manager's request be granted. Seconded by Mayor Ludwig. Car. ried by the following vote: Yeas-Mayor Ludwig, Council- men McCauley, Pregler, Schultz. Nays-None. Absent-Councilman Pfohl March 20, 1967 To the Honorable Mayor and Members of the City Council ~ Notice of Suit of Mrs. Loretta Delaney, in the amount of $15,000, for personal injuries received in a fall on an ice covered walk on University Avenue between Hill Street and Wilson Ave. on Decem- ber 12, 1966, presented and read. Councilman Pregler moved that the notice of suit be referred to the City Solicitor for invesitgation This matter was referred to the City Attorney who then referred it to the appropriate City Agency who advised the City Attorney on March 9, 1967 that the claim of Mr. Eis. enegger in the amount of $75.00 was satisfied in full. In view of the foregoing it is the recommendation of the City Attorney that the claim of Mr. 1324 Respectfully, Gilbert I Council,. Schultz. 1967 Del Du- the March 20, 1967 and and 1320 Drive. Gentlemen: I am enclosing a letter from City Planner, Mr. Gilson, proposing that space be rented in the Fischer Building to house the staffs of the Metropolitan Planning Commission and the City Planning and Zoning Commission. I am also enclosing a sketch of the floor plan and a lease agreement which runs for a two year period. Since the Metropolitan Planning Agency will be the Lessee and sign the lease with Fischer, Inc., a sup- plemental agreement will be drawn between the Dubuque City Plan- ning and Zoning Commission and the Metropolitan Planning Commis- sion about sharing the rent. In any case, you will note from Mr. Gilson's letter that the City's rent cost will not exceed $150.00 per month. I endorse the proposal and rec- ommend it to you, and request you approve of the proposed action. Respectfully, Gilbert D. Chavenelle City Manager Mayor Ludwig moved that the recommendation of the Manager be approved. Seconded by Coun- cilman Pregler. Carried by the fol- lowing vote: Yeas-Mayor Ludwig, men McCauley, Pregler, Nays-None. Absent-Councilman March 17, Hon. Mayor & City Council Gentlemen: On December 9, 1966, Mr. Colson of 2109 Wasbington St., buque, Iowa, filed claim in Mayor Ludwigy moved that the policies and bonds be filed subject to approval of the City Attorney. Seconded by Councilman Pregler. Carried by the following vote: Yeas-Mayor Ludwig, Council- men McCauley, Pregler, Schultz. Nays-None. Absent-Councilman Pfohl 1967 Gentlemen: I herewith submit the reports of the City Water Department and City Treasurer for the month of February 1967. Respectfully, 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 Pregler Council- men McCauley, Pregler, Schultz. Nays-None. Absent-Councilman Pfohl. 1967 Pfohl To the Honorable and City Council Gentlemen: I request permission for Mr. Vin- cent Conrad to install two street lights on Tomahawk Drive. These lights will be 175 watt mercury vapor lights. Mr. Conrad will furnish the light standard, base and underground wiring. The lights will be located be. tween 1300 and 1301 Tomahawk Session, Comprehensive Liability Dubuque Plumbing and Heating Co., a Division of Geiger & Co., Bituminous Casualty Corporation. Tri.State Paving Company, Bitu- minus Casualty Corporation. Sidewalk Conlon Construction Co., Mary- land Casualty Company. Thomas Flynn Coal Co., Mary- land Casualty Company. Oliver Kringle, Merchants Mutu- al Bonding Company. Robert Shireman, Merchants Mu- tual Bonding Company. Respectfully, Gilbert D. Chavenelle City Manager Special 128 20, 20, March To the Honorable Mayor and City Council March Mayor ;:i,!l11 ~1\ Ir~: ':I':llli ,,' ,.";~ ':'1" ill il! :il !,~~; I::' :!!i1i '" 131 SANITATION FUND Item No. 129-Milk Inspection (Equipment) . 210.00 Item No. 162-J-1-5peciaJ As- sessment (City Share) . 2,500.00 Item No. 162-J-2-Mun. Im- provement (P.W. Labor) 1.500.00 Item No. 162-J-2-Mun. Im- provement (P.W. Material) 1.000.00 Item No. 162-J-2-J-Mun. Im- provement (Constr. Jobs & Programs) 21.400.00 TOTAL SANITATION FUND 26.610.00 These appropriations shall be paid from the unencumbered cash balance over and above the amount anticipated January L 1967 In the Sanitation Fund. MUNICIPAL ENTERPRISE FUND- LIBRARY Item No. 143---Repalr to Build- ings (Bldg, Mamt.) 4.600.00 Item No. 14J..T-LlbrarY Build- ing Account K-l-L j bra r Y Improvement (Consultant Fees) 2,555.00 K-2-L i bra r y Improvement (Architect Fees) 1,500.00 TOTAL MUNICIPAL ENTER- PRISE-LIBRARY 8,655.00 This appropriation shall be paid from the unencumbered cash balance over and above the amount anticipated Jan- uary 1, 1967 in the Municipal Enter- prise-Library Fund. MUNICIPAL ENTERPRISE FUND- AIRPORT Item No. 157-N-Alrport Im- erovement (Architect Fees- Etc.) . ..._ .... 4,000.00 This appropriation shall be paid from the unencumbered cash balance over and above the amount anticipated January 1, 1967 In the Municipal Enterprise-Airport Fund. UTILITIES STREET AND TRAFFIC LIGHTING Item No. 138--Street and Traffic Light- ing (Lighting Programs) 1,400.00 This appropriation shall be paid from the unencumbered cash balance over and above the amount anticipated January 1, 1967 In the Utilities Street and Traffic lighting Fund. RECREATION-GENERAL FUND Item No. 146-J Playground Im- provement . 2,760.00 This appropriation shall be paid from the unencumbered cash balance over and "bove the amount anticipated January 1, 1967 in the Recreation General Fund. Total additional appropriation for the expenditures of City Government of the City of Dubuque, Iowa for the fiscal Year beginning January 1, 1967 and end- ing December 31, 1967 is $112,987.00 Passed upon first reading this 22nd day of February, 1967. Passed, adopted and approved upon final reading this 20th day of March, 1967. RICHARD LUDWIG, Mayor M. SYLVESTER McCAULEY MERLIN F. SCHULTZ WALTER A. PREGLER Councilmen ATTEST: Leo F. Frommelt City Clerk Published officially In The Telegraph. Herald Newspaper this 24th day 01 March,1967. LEO F. \t 3/24 Mayor Ludwig moved final adop- tion of the Ordinance. Seconded by Councilman Pregler. Carried by the follOWing vote: Yeas - Mayor Ludwig, Council men McCaUley, Pregler, Schultz. Nays-None. Absent-Councilman Pfohl. FROMMELT City Clerk. Proof of Publication, certified to by the Publisher, of notice of pub- lic hearing to amend the Zoning Ordinance so as to change Lots 34, 35, 36, 36A, 90, 91 and 92 in A. P. Woods Addn. from Two Family to Multiple Family Residence District classification, presented and read. March 20, 1967 Session, ORDINANCE NO. 11-67 An Ordinance amending the bud. get a.s approved by Resolution No. 214-66 and Ordina,nce No. 1-67, said Ordinance having been pre. viously presented and read at the Council meeting of February 22, 1967, presented for Final Adop. tion. ORDINANCE NO. 11-67 An Ordinance amending the budget as approved by Resolution No. 214-66 and Ordinance No. 1-67. Be If Ordained by the City Council of the City of DUbuque: That the unexpended cash balances on hand at the close of the preceding fiscal year not estimated or appropriated In the original bUdget approved by Resolution No. 214-66 and Ordinance No. 1-67 are hereby allocated and appropriated for payment of necessary expenditures of City Government, In ff1e following amounts and for the purposes as hereinafter set forth, and to that end the appropriations and allocations of funds are hereby au- thorized to wit: RECEIPTS Excess Dec. 1,1967 Unencumbered Fund Balance Total General Fund 13,800.00 13,800.00 Street Fund 15,650.00 15,650.00 Street Road Use Tax Fund '_'. 37,112.00 37,112.00 Public Safety Fund 3,000.00 3,000.00 Sanitation Fund 26,610.00 26,610.00 MuniCipal Enterprise Fund-Library 8,655.00 8.655,00 Municipal Enterprise Fund-Airpart . 4,000.00 . ^^^ ^^ 'ilecreatlon - Recrea tlon General . 2,760.00 Utilities - Street & Traffic lighflng 1AQO.00 112,987.00 EXPENDITURES GENERAL FUND Item No. 1M-City Buildings (Malnt. & Repair) , Item No. 147-Plannlng & Zon- ing (Personnel) Item No. 148--C-Miscellaneous (Alcohol Consultant) .~. TOTAL GENERAL FU~ These appropriations Shall be J: the unemcumbered cash balance above the amount anticipated J, 1967 In the Generul Fund. STREET FUND Ifem No. 133---1-City Garage (Mun. Garage Development) Item No. 135--Street Const. (Traffic Signals) , . Item No. 137-Sidewalks (Side- walk Program) TOTAL STREET FUND ... These appropriations shall be p the unencumbered cash balance above the amount anticipated Jc 1967 In the Street Fund STREET ROAD USE TAX F Item No. 135-Street Canst. (P.W. Labor) _. Ifem No. 135--Street Const. (P.W. Material) . Item No. 135-Street Canst. (Railroad Signals) . Item No. 135--Street Const. (Curb & Gutter) . Item No. 135-Street Canst. (Hot Laid Hot Mix-Paving) Item No. 135-Street Const. (Highway 20) TOTAL STREET USE TAX FUND These appropriations shall be pc the unencumbered cash balance ( above the amount anticipated Ja 1967 in the Street Road Use Tax PUBLIC SAFETY FUND Item No. 199-E-Fire Equip. ment-Total Public Sa f e t y T~~n~ppropriatlon.. shall. -be.. pa the unencumbered cash balan( and above the amount anticipatE ary 1, 1967 in the Public Safety 2,760.00 1,400.00 112,987.00 Special t ,'~' Wi ~ I ! 1 << ,t: ~; ! I JL i' f ) 4i ~ t~ f i ~ j / 1967 presented and read. Councilman Pregler moved that the notice of claim be reefrred to the City So-- licitor for investigation and re- port. Seconded by Councilman Schultz. Carried by the following vote: Yeas _ Mayor Ludwig, Council men McCauley, Pregler, Schultz. Nays-None. Absent-Councilman Pfohl Notice of claim of Jean A. Dun- can of 515 Cooper Place, in the amount of $40 for car damage as the result of striking a piece of loose paving in the street at 5th & Bluff street on March 4, 1967, presented and read. Councilman Pregler moved that the notice of claim be referred to the City So- licitor for investigation and report. Seconded by Councilman Schultz. Carried by the following vote: Yeas _ Mayor Ludwig, Council men McCauley, Pregler, Schultz. Nays-None. Absent-Councilman Pfohl. Notice of claim of Alvin Maus of 1075 Tressa Street, in the amount of $112.50, for personal properly damage and plumbing expense in. volved as the result of a backed-up sanitary sewer on March 9, 1967, presented and read. Councilman Pregler moved that the notice of claim be referred to the City So- licitor for investigation and re- port. 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 notice of pub- lic hearing to consider record of hearing and certificate to amend the current budget, presented and read. No written objections were filed and no oral objectors were pres. ent in the Council Chamber at the time set for the public hearing. Mayor Ludwig moved that the proof. of publication be received and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Ludwig, Council- men McCauley, Pregler, Schultz. Nays-None. Absent~Councilman Pfohl. March 20, Notice of claim of Orville F. Potter of 563 E. 14th Street, in the amount of $585, for personal injuries received in a fall while crossing in the walkway of the Milwaukee Tracks at 14th Street on February 11, 1967, presented and read. Councilman Pregler moved that the notice of claim be referred to the City Solicitor for investigation and report. Sec- onded by Councilman Schultz. Car- ried by the following vote: Yeas - Mayor Ludwig, Council- men McCauley, Pregler, Schultz. Nays-None. Absent-Councilman Pfohl. Notice of claim of Christine Frederick of 2763'h Jackson St., in an unspeCified amount, for per- sonal injuries received in a fall on a defective sidewalk at 2709 Jackson Street on March 6, 1967, Special Session, Notice of claim of Ruth J. Lam- bert of 454 Almond St., in an un- determined amount, for personal injuries received in a fall on an ice covered walk approximately 1850 Ellis Street on February 12, 1967, 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 Schultz. Carried by the following vote: Yeas _ Mayor Ludwig, Council men McCauley, Pregler, Schultz. Nays-None. Absent-Councilman Pfohl. Notice of claim of Mrs. Vincent Sheehan of 686 W. 17th Street, in an unspecified amount, for per- sonal injuries received in a fall on a defective sidewalk at 1258 Main St. on January 31, 1967, presented and read. Councilman Pregler moved that the notice of claim be referred to the City Solicitor for investigation and report. Seconded by Councilman Schultz. Carried by the following vote: Yeas _ Mayor Ludwig, Council men McCauley, Pregler, Schultz. Nays-None. Absent-Councilman Pfohl Council the fol 130 and report. Seconded by man Schultz. Carried by lowing vote: Yeas _ Mayor Ludwig, Council men McCauley, Pregler, Schultz. Nays-None. Absent-Councilman Pfohl. 133 follow- Councilman Schultz moved that the rule requiring an Ordinance to be read on three separate days be waived. Seconded by Council. man McCauley. Carried by the fol- lowing vote: Yeas - Mayor LUdwig, Coun- cilmen McCauley, Pregler. Schultz. Nays-None. McCauley. iog vote: Yeas - Mayor Ludwig, Counci men McCauley, Pregler, Schultz. Nays-None. Absent-Councilman Pfohl. ORDINANCE NO. 1U7 AN ORDINANCE AMENDING ORDI- NANCE NO. 33-49 KNOWN AS THE ;d~:;.,F~~ ~~~BEDO~y ~~lg~~'1; A NEW SUBSECTION 27 OF SCHED- ULE VI TO PROHIBIT THE PARK- ING MOTOR VEHICLES ON THE SOUTHEASTERLY SIDE OF RHQM. BERG AVENUE FROM THE CHI- CAGO-GREAT WESTERN RAILROAD ;m~C~~ll.?E~G~H:g~lHkb~INED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Ordinance No. 33-49 known as the "Traffic Code of DubuQue, Iowa" as amended, be and the same is hereby amended by enacting a new Sub- section 27 of Schedule VI thereof as follows: "Schedule VI. 27. On the southeasterly side of Rhom- berg Avenue from the Chicago-Great Western Railroad tracks to Mar- shall Street." Section 2. That Section 16.23 of Ordi- nance No. 33C49 be and the same is hereby repealed. Passed, adopted and approved this 20th day of March, 1967. RICHARD LUDWIG Mayor M. SYLVESTER McCAULEY MERLIN F. SCHULTZ WALTER A. PREGLER Councilmen the March 20, 1967 Carried by Session, maintenance of said concrete re- taining wall, sustained by any per- son or persons, caused by acci- dent or otherwise, to defend at Its own expense and on behalf of said Clfy any claim against the CIIY of Dubuque arising out of the existence, construction or maintenance of said concrete re- taining wall. Section 4. That the permission herein granted Is expressly conditioned upon permittees further agreement that should the right and priVilege herein granted be rescinded or revoked by the City Council, permittees or their successors in interest, as owners of the abutting properlY, shall within thirty (3D) days after receipt of written notice from the CilY Manager, so to do, at their own expense, remove said concrete retaining wall and In the event of their failure so to do, the CIIY of Dubuque shall be au- thorized to remove said concrete retain- Ing wall at permittees expense and dis- pose of the same, and the permittees shall have no claim against the City or Its agents for damages resulting from the removal of said concrete retaining wall. Section 5. This Ordinance shall be- come effective and the rights hereunder accrue to Robert F. Carew when this Ordinance has been adopted by the City Council and the terms and conditions thereof accepted by permittees by ac- ceptance endorsed on this Ordinance. Passed, adopted and approved this 20th day of March, A. D. 1967. Richard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz Walter A. Pregler Councilmen Attest: Leo F. Frommelt ft'CE~lfz,CE OF ORDINANCE NO. 15-67 The undersigned haVing read and being familiar With the terms and conditions of Ord.lnance No. 15-67 herebY, for him- self, hiS successors or assigns, as owner of the abutting properlY, accepts the s~l)'leand agrees to be bound by the con- ditions and agreements therein contained to be performed by permittee. Dated March 20, 1967. By Robert Carew ProperlY Owner Published offiCially in The Telegraph. ~~~Id Newspaper this 24th day of March, Special , , March 20, 1967 Petition of Robert Carew request- ing pennission to construct a re- taining wall at 2103 Sl. Ambrose street, presented and read. Coun. cilman Schultz moved that the pe- tition be approved. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Ludwig, Council- men McCauley, Pregler, Schultz. Nays - None. Absent - Councilman pfohl. ORDINANCE NO. 15-67 An Ordinance authorizing Robert F. Carew to construct I. concrete retaining wall at 2103 St. Am- brose Street, presented and read. Councilman Pregler moved that the reading just had be considered the first reading of the Ordinance. Seconded by Councilman Schultz. Carried by the following vote: Yeas - Mayor Ludwig, Council men McCaUley, Pregler, Schultz. Nays-None. Absent-Councilman Pfohl Councilman Pregler moved that the rule requiring reading of an ordinance on three separate days be waived. Seconded by Council- man Schultz. Carried by the fol. lowing vote: Yeas - Mayor Ludwig, Council men McCauley, Pregler, Schultz. Nays-None. Absent-Councilman In The TelegraPh. 24th day of March Leo F. It. 3/24 Councilman Schultz moved final adoption of the Ordinance. Sec- onded by Councilman McCauley. Carried by the following vote: Yeas - Mayor Ludwig, Council men McCauley, Pregler, Schultz. Nays-None. Absent-Councilman Pfohl. Session, Attorney Arnold Van Etten re- quested that the zoning of the prop- erty in A. P. Woods Addition be denied or at least referred back to the Planning & Zoning Commission for further consideration because the property has changed hands re- cently. Mr. Greg Francois of W. Locust Street also Objected to the rezoning of the area being fearful of blOCking access to his property. Petition of Harold A. Conzett Jr. et al objecting to the rezoning of Lots 34, 35, 36, 36A, 90, 91 and 92 in A. P. Woods Addn. for various reasons, presented and read. Coun- cilman Schultz moved that the peti. tion be referred to the Planning & Zoning Commission due to the sell- ing of the property. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Ludwig, Council men McCauley, Pregler, Schultz. Councilman Pregler 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. - None. Councilman Pfohl Nays-None. Absent-Councilman pfohl Frommelt City Clerk ORDINANCE NO. 17-67 An Ordinance amending Ordi. nance No. 33-49 known as the uTraffic Code of Dubuque, lowau IS Imended by repelling Subsection 1 of Schedule VI thereof Ind enacting a new Sub- section 1 of Schedule VI in lieu thereof and by repealing Sub. section 28 of Schedule VI there- Special Nays Absent Attest: Leo F. Frommel City Clerk Published officially Herald Newspaper this 1967. 11.2.2<1 Councilman Pregler moved 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-Councilman ORDINANCE NO. 16-67 An Ordinance amending; Ordin- ance No. 33-49 known. as the uTrlffic Code of Dubuque, 10Wlu, as amended by enacting a new subsection 27 of Schedule VI to prohibit the parking of motor vehicles on the south-easterly side of Rhomberg Avenue from the Chicago-Great Western. Rail- road tracks to Marshall Street, presented and read. Councilman Schultz moved that the reading just had be consid- ered the first meeting of the Or- dinance. Seconded by Councilman 132 F. Frommel Clerk. Pfohl L", City 1 pfohl. AN oR81~'lWt~cfuT~%Rlli'rlG ROB- ERT F. CAREW TO CONSTRUCT A CONCRETE RETAINING WALL AT 2103 ST. AMBROSE ST. 3E IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE, IOWA: Section 1. That Robert F. Carew as owner of the premises known as N. 99' of Lot 92 of Finley Addition. In the City ~~an~~bU~: r~Ocag~ 1I~:nsJS an~er~ thorilY to construct and maintain a con- crete retaining wall under the terms and conditions set forth in this Ordinance: Section 2. That such construction shall be done In accordance with plans hereto- fore submitted by permittees and ap- proved by CilY Manager, under the super- vision and direction of the CilY Manager, and In accordance with all applicable state and federal laws and regulations, and the ordinances of the City of Du- bUQue. Section 3. That the permission herein granted Is expressly conditioned on per- mittee's agreement to: (a) Assume any and all lIabllllY for ~t~~g~a:o ..:s~:i1o~~o~r nrero::m: ence, construction or maintenance of said concrete retaining wall. (b) To pay on behalf Of the CIIY of g~g~~~: ~~af~~~~~bW:a<fi?d ~ paY by reason of the lIabililY Im- ~~a~~~s t~e a~~IYkl~ ~~Yt~: from the existence, construction or ORDINANCE NO. 14-67 An Ordinance amending and changing Ordinlnce No. 3-34 known as the Zoning Map and Zoning Ordinance of the City of Dubuque so IS to change certain property hereinafter described from "Two Family Residence Dis- trict" classification to "Multiple Residence District" cllssification, said Ordinance having been pre- viously presented and read at the Council meeting of February 27, 1967, presented for final adoption. Councilman Schultz moved that the Ordinance, along with the ob- jections to the rezoning, be refer- red to the Planning & Zoning Com- mision due to the re-selling of the property. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Ludwig, Council men McCauley, Pregler, Schultz. Nays-None. Absent-Councilman pfohl 135 Cooper Playground located at E. 14th & Maple Street remain in its present location and not give way to a proposed building site to house a diesel truck service, pre- sented and read. Mayor Ludwig moved that the petition be reo ceived and filed after it was as- certained that no changes are pres- ently contemplated with the prop- erty. Seconded by Councilman Schultz. Carried by the fOllowing vote: Ludwig, Council Pregler, Schultz. pfohl. Petition of Alma Henkel request- ing a refund of $250 on the un- expired portion of Class "e" Liquor License No. C-2077, presented and read. Councilman Schultz moved that the refund be granted and the Auditor instructed to issue proper warrant. Seconded by Mayor Ludwig. Carried by the following vote: Yeas-Mayor men McCaUley, Nays-None. Absent-Councilman .I>>' Pfohl Petition of Leo Frank Finzel et al requesting a refund at $25 on the unexpired portion of cigarette license No. 281, as he has discon- tinued business on March 13, 1967, presented and read. Councilman Schultz moved that the refund be granted and the Auditor instructed to issue proper warrant. Seconded by Mayor Ludwig. Carried by the following vote: Yeas-Mayor Ludwig, Council men McCauley, Pregler, Schultz. Nays-None. Absent-Councilman Yeas-Mayor men McCauley, Nays-None. Absent-Councilman Ludwig, Council Pregler, Schultz. Petition of Holy Ghost Church requesting that parking on W. 30th Street from Central Ave. to Lemon Street be restricted to one side, presented and read. Councilman Pregler moved that the petition be referred to the Manager and TraiM fie Department for investigation and report. Seconded by CouncilM man Schultz. Carried by the fol. lowing vote: Yeas-Mayor Ludwig, Council- men McCauley, Pregler, Schultz. Nays-None. Absent-Councilman Pfohl. ~. j: Mayor Ludwig moved that the rule requiring an Ordinance to be read on three separate days be waived. Seconded by Councilman Schultz. Carried by the following vote: Yeas - Mayor Ludwig, Council men McCauley, Pregler, Schultz. Nays-None. Absent-Councilman Pfohl. Petition of Robert E. Molo & Anthony A. Helling, requesting ap. proval of plans and construction of SaQdy's Drive Inn and Car wash at Kniest Street between Rhomberg & Garfield Avenue, pre- sented and read. Pfohl Mr. Robert Molo presented plans of the proposed car wash and Drive Inn. Cars would not run on to the streets in dripping wet fash- ion. Before the cars would leave the premises they would be dried off by two good sized blowers. March 20, 1967 Session, Petition of Al Kremenak ex- pressing an interest in the pur- chase of a portion of an abanM doned alley abutting his property at 3041 Brunswick Street, presented and read. Mayor Ludwig moved that the petition be referred to the Manager and Planning and Zoning Commission for investiga- tion and report. Seconded by CounM cilman Pregler. Carried by the folM lowing vote: Yeas-Mayor Ludwig, Council men McCauley, Pregler, Schultz. Nays-None. Absent-Councilman Pfohl. Petition of Conrad Construction Co. requesting permission to excaM vate in Terminal Street to make sewer and water connections for Sinclair Oil Co., presented and read. Councilman McCauley moved that tbe petition be granted sub- ject to approval of City Engineer's requirements. Seconded by Coun- cilman Pregler. Carried by the folM lowing vote: Yeas-Mayor Ludwig, men McCauley, Pregler, Nays-None. Absent-Councilman Petition of American Legion Auxiliary requesting permission to conduct poppy sale days on May 12th and May 13th, 1967, presented and read. Councilman McCauley moved that the petition be reM ferred to the Mayor and Manager. Seconded by Councilman Schultz. Carried by tbe fOllowing vote: Yeas-Mayor Ludwig, Council- men McCauley, Pregler, Schultz. Nays-None. Absent-Councilman Pfohl. Petition of Mrs. David Atchison et al requesting that the Peter Special Council Schultz. Pfohl L__ this Mayor M. SYLVESTER NkCAULEY MERLIN F. SCHULTZ WALTER A. PREGLER Counci Published officiallY in The Telegraph- Herald Newspaper this 24th day of March 1967. Leo F. Frommelt City Clerk It. 3/24 .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-Councilman Pfohl. Petition of Charles P. Davis et al requesting vacation of a portion of Valeria Street on which a por- tion of a home is presently located at 490 Valeria street, in order to. lift cloud on title, presented and read. Councilman Pregler moved that the petition be referred to the City Manager for investigation and report. Seconded by Council- man Ludwig. Carried by the folM lowing vote: Yeas-Mayor Ludwig, CouncilM men McCauley, Pregler, Schultz. Nays-None. Absent-Councilman pfohl. Petition of Daughters of Union Veterans Civil War, Mary Agard Tent No. 35, requesting permission to conduct a tag day on September 30, 1967, presented and read. CounM cilman Pregler moved that the petition be referred to the Mayor and Manager. Seconded by Council- man Schultz. Carried by the fol. lowing vote: Yeas-Mayor Ludwig, Council- men McCauley, Pregler, Schultz. Nays-None. Absent-Councilman Pfohl. Petition of Leo Westmark et al requesting the installation of a street light on Kelly Lane, pre- sented and read. Mayor Ludwig moved that the petition be referred to the City Manager and Electrical Inspector for investigation and re- port. Seconded by Councilman Mc- Cauley. Carried by the f<>llowing vote: Yeas-Mayor Ludwig, Council- men McCauley, Pregler, Schultz. Nays-None. Absent-Councilman pfohl. ORDINANCE NO. 17-61 AN ORDINANCE AMENDING ORDI- NANCE NO. 33-49' KNOWN AS THE "TRAFFIC CODE OF DUBUQU'E, IOWA" AS AMENDED BY REPEAL- ING SUBSECTION 1 OF SCHEDULE VI THEREOF AND ENACTING A NEW SUBSECTION 1 OF SCHEDULE VI IN LIEU THEREOF AND BY RE- PEALING SUBSECTION 28 OF SCHED- ULE VI THEREOF AND ENACTING A NEW SUBSECTION 28 OF SCHED- ULE VI IN LIEU THEREOF AND By REPEALING SUBSECTION 91 OF SCHEDULE VI THEREOF AND EN- ACTING A NEW SUBSECTION 91 OF SCHEDULE VI IN LIEU THEREOF. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Ordinance No. 33-049 known as the "Traffic Code of Dubuque, Iowa" as amended be and the same Is hereby amended by and the same is hereby amended by repealing subseo- tion 1 of Schedule VI thereof and enact- Ing a new Subsection 1 of Schedule VI thereof, and by repealing Subsection 28 of Schedule VI thereof and enacting a new Subsection 28 of Schedule VI there- of and my repealing Subsection 91 of Schedule VI and enacting a new Subsec- tion 91 thereof as follows: "Schedule VI. 1. On the south side of West 5th Street from Bluff Street to Hill Street and on the North side of West 5th Street from a point 192 feet West of Bluff Street to the East line of Prospect Street. 28. On the East side of Wartburg Place from Fremont Av~nue to the en- trance to Sunset Ridge and on the West side of Wartburg place from Fremont Avenue to the entrance of the Wartburg Seminary Audi- torium and from 385 Fremont Avenue to the entrance to Sunset Ridge. On the North sIde of North Grand- view Avenue from Audubon Street to Clarke Drive and on the West side of North Grandview Avenue from Clarke Drive to West 32nd Street" Imen approved aod 1967. LUDWIG 1967 adopted of March, RICHARD Attest: Leo F. Frommel City Clerk 91 Session, March 20, Passed, 20th day of and enacting a new Subsec. tion of Schedule VI in lieu thereof and by repealing Sub- section 91 of Schedu Ie V I there- of and enacting a new Subsec- tion 91 of Schedule VI in lieu thereof, presented and read. Mayor Ludwig moved that the reading just had be considered the first reading of the Ordinance. Seconded by Councilman Pregler. Carried by the following vote: Yeas _ Mayor Ludwig, Council- men McCauley, Pregler, Schultz. Nays-None. Absent-Councilman Pfohl Special 134 11 ~",I~ ,I 1.1 "Il I~' , II~ I: I ~:' ~' I 137 Iowa, and the purchase price less damages accruing to the City of Dubuque, Iowa, shall be refunded to the Frommelt Building Corporation; That the City of Dubuque, Iowa, reserves and retains and ac- cepts unto itself perpetual ease. ments in and to said real es- tate covering any utility pres- ently installed or l~ated in said real estate hereinabove de- scribed and with the right of ingress and egress therefrom for the purposes of mainten- ance, repair and inspection of same; That the conveyance herein proposed to be made is ex- pressly conditioned upon From. melt Building Corporation con- tinuing to lease that portion of Sear's Roebuck & Co. Sub- division No. 2 in the City of Dubuque, Iowa, under and by virtue of one certain written lease dated August 2, 1965, sub- ject however to the rental be- ing reduced proportionately for that portion of said leased premises proposed to be con~ veyed to Frommelt Building Corporation Frommelt Building Corporation materially represents that it understands, acknowledges and agrees that if a portion or all of the premises proposed to be conveyed shall be required for the erection and construc- tion and maintenance of a highway or piers or columns supporting the same, that up- on written notice from City of Dubuque, Iowa, notifying From. melt Building Corporation of the location of said proposed highway or piers or columns supporting the same that the said Frommelt Building Cor- poration shall remove any or all improvements made on the property proposed to be con- veyed at no cost to the City , that the said Frommelt Build- ing Corporation shall not be entitled to nor shall it claim damages for such removal as a public taking but that same is a specific condition of grant presently contemplated and agreed upon by the City of Dubuque, Iowa, and Frommelt March 20, 1967 d) e) f) Session, March 6, 1967, approved and recom- mended the sale of said real estate hereinafter described to Frommelt Building Corporation; and WHEREAS, the City Council of City of Dubuque, Iowa, determined that it would serve the best pub. lic interest to the City of Dubuque to dispose of said real estate to. Frommelt Building Corporation for the sum of $3,500.00 per acre, sub. ject to. the canditions hereinafter set forth. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIl. OF THE CITY OF DUBUQUE, IOWA: Section 1. That the disposal of interest in real estate hereinafter described by City of Dubuque, Iowa, to Frommelt Building Cor- poratian cavering the follawing real estate which shall hereafter be platted and described as follows, to wit: Lot 2 of the Subdivision of Sear's Roebuck & Co., Subdivision No. 2 in the City af Dubuque, Iowa, subject to. easement af record, for the sum of $3,500.00 per acre be and the same is hereby ap- proved subject to the following terms and conditions: a) Frammelt Building Corparation shall erect and canstruct a building not less than 12,600 square feet within twelve (12) months of data of delivery of deed conveying the property hereinabave described by City of Dubuque, Iawa, to Frommelt Building Carporation; b) That the construction of the building and use af said prem- ises by Frammelt Building Cor- poratian shall be in accordance with the City of Dubuque Or- dinance No. 3-34 known as the Zaning Ordinance and Zoning Map of the City of Dubuque, Iowa, as amended by Ordinance No. 33.59, establishing and de. fining "restricted industrial dis- trict"; That in the event Frommelt Building Carporation fails to commence construction of a manufacturing facility within one year of the date af deliv- ery of deed, then in such event title to said real estate shall revert to City of Dubuque, Special c) Session, March 20, 1967 NOW, THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa: Section 1. That hereafter any person or persons desiring to con- nect with or extend said sewer, shall first apply to the City Man- ager for permisison to do so and such permisison shall be granted upon condition that the applicant shall pay to the City Treasurer for the City of Dubuque, a connection or extensian charge of $6.59 per front foot of land to. be served by said cannection. Hawever, noth- ing in this resolution shall be construed to exact any charge for any extenian of said sewer by the City of Dubuque or its permittees. Section 2. That the City Clerk be and he is hereby autharized and directed to record a certified copy of this resolution in the of- fice af the Caunty Recorder of Dubuque County, Iowa. Passed, adopted and approved this 20th day of March, 1967. Richard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz Walter A. Pregler Councilmen Mayor Ludwig maved adaptian af the resolution. Seconded by Councilman Schultz. Carried by the following vote: Yeas-Mayor Ludwig, Council men McCauley, Pregler, Schultz. Nays-None. Absent-Councilman Pfohl. RESOLUTION NO. 61-67 WHEREAS, Frommelt Building Carporation, thraugh the Mayor'S Industrial Committee, has peti- tioned the City Council to. pur- chase certain real estate herein~ after descirbed for the purpose of erecting thereon manufacturing facility; and WHEREAS, the Mayor's Indus- trial Cammittee consisting of Mayar Richard Ludwig, Donald Mueller, Chairman of the Dubuque Board of Dock Commissioners, and Robert E. Dorothy, Manager af the Dubuque Industrial Bureau, by w r i t ten communication dated Attest: Leo F. Frommelt City Clerk the Councilman Pregler moved that the recommendation of the City Manager by approved. Seconded by Mayor Ludwig. Carried by the fol- lowing vote: Yeas-Mayor Ludwig, Council- men McCauley, Pregler, Schultz. Nays-None. Absent-Councilman Pfohl. RESOLUTION NO. 60-67 RESOLUTION establishing a con. nection charge far the eight inch Sanitary Sewer constructed north and west of Asbury Road and John F. Kennedy Road. WHEREAS, the City Engineer has inspected the same and the City Manager has accepted said Sewer; Cauncilman Schultz moved that the petition be approved. Sec- onded by Councilman McCauley. Carried by the fallowing vate: Yeas-Mayor Ludwig, Council- men McCauley, Pregler, Schultz. Nays-None. Absent-Councilman Pfohl. RESOLUTION NO. 59-67 Providing for the issuance o.f Water Main Extension Bonds in the amount of $13,481,59 on Kelly Lane Water Main Project No.1, presented and read. Councilman Pregler moved acceptance of the introduction of the resolutian, final adoption of which is subject to publication of proper notice. Sec- onded by Councilman Schultz. Car- ried by the following vate: Yeas-Mayor Ludwig, Council men McCauley, Pregler, Schultz. Nays-Nane. Absent-Councilman To the Honorable and City Council Gentlemen: Enclased is a Resolutian estab. lishing a connection charge on the sanitary sewer canstructed along John F. Kennedy Road and Asbury Road to the west. Also enclosed is a letter of explanation from City Engineer White explaining the situation. 15, 1967 I recommend the passage of Resolutian. Respectfully, Gilbert D. Chavenelle City Manager Pfohl. Special March Mayor 136 139 cost of the sewer from Manhole No. 12 in the Catfish Creek Trunk sewer to the Hillcrest Road and Key Way Drive intersection. Crop damage ............."........$ 112,50 Cost of easements ......... 883.00 759 lin. ft. 8" sewer @ $3.20 ......................'" 3 manhole bases @ $35.00 .................."'.... 3 manhole rings/covers @ $50.00 "''''''''''''''''''''' 30 lin. ft. manhole side- wall @ $18.00 ...u...... 5 Y branches @ $7.00 u. 5 cu. yd. concrete en- casement @ 25.00 ....... 227.76 cu. yd. rock ex- cavation @ $15.00 City inspection costs Engineering cost 2,428.80 105.00 150.00 540.00 35.00 125.00 3,416.40 109.63 425.00 $8,330.33 It is here by certified that the above costs are those paid to the contractor and others according to final quantities measured by the city inspectors on the project, al~ so the cost of easement, damages, inspection and engineering paid by Westchester, Inc. This cost would be pro-rated over the usable frontage along Key Way Drive in Key Knolls Subdivision. Very truly yours, Cullen-Schiltz & Associates, Inc. L. J. Schiltz, P.E. 62.67 City Engineer same and the accepted said WHEREAS, the has inspected the City Manager has sewer, and WHEREAS, the permittee under said ordinance has filed with the City Council a certified statement showing all the amounts paid in connection with the construction of said sewer, inclUding engineer ing and inspection fees amounting to $8,330.33. reo the 1. That hereafter any persons deSiring to con~ RESOLUTION NO. Resolution establishing a con~ nection charge for the eight inch Sanitary Sewer constructed in Key Way from M. H. No. 12 in the Catfish Creek Trunk Line Sanitary Sewer Extension to the center line of Hillcrest Road. it of NOW, THEREFORE, be solved by the City Council City of Dubuque, Iowa Section person or March 20, 1967 Session, Passed, adopted and approved this 20th day of March, 1967. Richard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz Walter A. Pregler Councilmen Leo F. Frommelt City Clerk Mayor Ludwig moved adoption of the resolution. Seconded by Councilman McCauley. Carried by the fOllowing vote: Yeas-Mayor Ludwig, Council men McCauley, Pregler, Schultz. Nays-None. Absent-Councilman Pfohl. March Gilbert Chavenelle, City Dear Mr. Chavenelle: Enclosed is a resolution estab. lishing a connection charge for the Sanitary Sewer in Key Way in Key Knolls Subdivision. I have checked over the certifi- cation of costs submitted by Cul~ len-Schiltz & Associates, Inc. and agree with the costs. This sewer was constructed by Westchester, Inc. through part of Key Knolls Subdivision along Key Way, therefore the Key Knolls lots that abut this sewer must pay a connection charge to Westchester, Inc. for permission to connect to the sewer. 15, 1967 Manager Sincerely, John L. White City Engineer Mayor Ludwig moved that the recommendation of the City l!:n- gineer be approved. Seconded by Councilman Schultz. Carried by the following vote: Yeas-Mayor Ludwig, Council men McCauley, Pregler, Schultz. Nays-None. Absent-Councilman Pfohl. 1966 Mr. John L. White City Engineer In reply to your letter of May 24, 1966 we hereby rectify the costs of constructing a sanitary sewer through Key Knolls Subdi- vision to serve Westchester, Inc. and for which Westchester was granted permission to construct and collect a connection charge. The certified cost includes the May 28, Special Attest: , March 20, 1967 square feet within twelve months from date of deed con- veying the property herein- above described by City of Du- buque, Iowa, to Frommelt Building Corporation. That in the event Frommelt Building Corporation fails to commence construction of a manufacturing facility within one year of the date of delivery of deed, then in such event title to said real estate shah revert to City of Duouque, Iowa, and the purchase price less damages accruing to the City of Dubuque, Iowa, shall be re- funded to the Frommelt Build. ing Corporation d) That the City of Dubuque, Iowa, reserves and retains and excepts unto itself a perpetual easement in and to the 20 feet at the northwesterly end of said Lot 2 of Block 15 for the location, installation, mainten- ance and repair of a storm sewer together with the right of ingress thereto and egress therefrom for the purpose of repair, maintenance and in- spection of same and that the premises conveyed shall be subject to a perpetual easement for the 48-inch storm sewer presently located 32 feet south- westerly from and parallel to the northeast property line of said Lot 2 of Block 15 togeiher with the right of ingress and egress therefrom for the pnr- pose of construction, repair, and maintenance of said storm sewer. Section 3. That the City Clerk be and he is hereby directed to cause notice of intention to dis- pose of interest in real estate by the City of Dubuque, Iowa, to be published as is by law required. I!!g b) That the construction of the building and use of said prem- ises by Frommelt Building Cor~ poration shall be in accordance with City of Dubuque Ordi. nance No. 3-34 known as the Zoning Ordinance and Zoning Map of the City of Dubuque, Iowa, as amended by Ordinance No. 39-59, establishing and de- fining "restricted industrial dis- trict"; c) Special Session, Building Corporation, and that portion or all of the premises herein proposed to be conveyed to Frommelt Building Corpor- ation shall be reconveyed to the City of Dubuque, Iowa, up- on written notice and demand therefor for such stated pur- pose and that the City of Du- buque, Iowa, shall reimburse Frommelt Building Corporation at the same price Frommelt Building Corporation shall pay for said real estate or any pro rata portion thereof. Frommelt Building Corporation materially represents, acknowledges and agrees that in the event of the location of said highway or the piers or columns supporting the same in any way interfere or adversely affect the right of access or the easement right to light, air and view as per- tain to the property herein proposed to be sold, that From- melt B u i 1 din g Corporation agrees to waive any and all claims for damages or injuries to property therefor. Frommelt Building Corporation further materially represents and agrees that the proposal to convey to Frommelt Building Corporation under the forego- ing terms and conditions is at the instance and request of said Frommelt Building Corpor- ation. This provision shall be construed as a covenant run. ning with the land and shall be binding upon the successors and assigns of Frommelt Build. ing Corporation. Section 2. That the disposal of interest in real estate hereinafter described by City of Dubuque, Iowa, to Frommelt Building Cor- poration for erection of a manu- facturing facility thereon cover- ing the following described real estate, to wit: Lot 2 of Block 15 and Lot 4 of Block 14, all in Riverfront Subdivision No. 3 in the City of Dubuque, Iowa, for the sum of $3,500.00 per acre or a total of $9,765.00 for said 2.79 acres be and the same is hereby ap- proved subject to the following terms and conditions a) Building Corpora- erect and construct noi less than 10,500 Frommelt tion shall a building 138 141 Pregler. Carried by the following vote: Yeas-Mayor Ludwig, Council men McCauley. Pregler, Schultz. Nays-None. Absent-Councilman Pfohl. Leo F. Frommelt City Clerk Attest ...........................1967 ............"....",1967 Councilmen ............................ City Clerk. Special Session, March 20, 1967 Approved Adopted Permit 1322 Central Class lone Irene Avenue. D. B. Q Inc. d/b/a Shakey's Piz. za Parlor, 4th and Locust Street. Mrs. Alice Erschen, 2617 Uni- versity Avenue. BE IT FURTHER RESOLVED that the bonds filed by such ap- plicants be and the same are here- by approved. Passed, adopted and approved this 20th day of March, 1967. Richard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz Walter A. Pregler Councilmen Frommelt City Clerk Councilman Schultz moved adop- tion of the resolution. SecondBd by Mayor Ludwig. Carried by the follOwing vote. Yeas-Mayor Ludwig, men McCauley, Pregler. Nays-None. Absent-Councilman Counel Schultz. Pfohl. There being no further business, Councilman McCauley moved to ad. journ. Seconded by Councilman IIBiI Beer Miller, Leo F. Attest: 1967 Mayor Ludwig moved adoption of the resolution. Seconded by Councilman Pregler. Carried by the fOllowing vote: Yeas-Mayor Ludwig, Council men McCauley, Pregler, Schultz. Nays-None. Absent-Councilman Pfohl Permit 1322 Central Avenue. D.B.Q. Inc. d/b/a Shakey's Piz. za Parlor, 4th and Locust Street. Mrs. Alice Erschen, 2617 UnJ. versity Avenue. Passed, adopted and approved tbis 20th day of March, 1967. Richard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz Walter A. Pregler Councilmen Leo F. Frommelt City Clerk Council- Schultz. RESOLUTION NO. 65-67 WHEREAS, applications for Beer Permits were filed by the within named applicants and they have received the approval of this Coun- cil, and WHEREAS, the premises to be occupied by such applicants were inspected and found to comply witb the ordinances of tbis City and they have filed proper bonds: NOW THEREFORE, be it re- solved by the City Council of the City of Dubuque, Iowa, that the Manager be and he is hereby di- rected to issue to the following named applicants a Beer Permit. RESOLUTION NO. 64-67 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 IIBII Beer lone Irene Miller, Attest: Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Schultz. Carried by the following vote: Yeas-Mayor Ludwig, men McCauley, Pregler, Nays-None. Absent-Councilman Pfohl Special Session, March 20, RESOLUTION NO. 63-67 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 Cigar- ettes within the City of Dubuque, Iowa, be granted a permit to sell Cigarettes and Cigarette Papers within said City. D. B. Q., Inc. d/b/a Shakey's Pizza Parlor, 4th and Locust Street. (Effective April 1, 1967.) BE IT FURTHER RESOLVED that the bonds filed with the ap- plication be approved. Passed, adopted and approved tbis 20th day of March, 1967. Richard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz Walter A. Pregler Councilmen Leo F. Frommelt City Clerk neet with said sewer shall first apply to the City Manager for per- mission to do so and such permis.- sion shall be granted upon condi- tion that the applicant shall pay to the City Treasurer for the ac- count of Westchester, Inc., a con- nection charge of $5.73 per front foot of land to be served by said connection. However, nothing in this resolution shall be construed to exact any charge for any ex- tension of said sewer bv the City of Dubuque or it's permittees. Section 2. That the City Clerk be and he is hereby authorized and directed to record a certified copy of this resolution in the cf- fice of the County Recorder of Dubuque County, Iowa. Passed, adopted and approved this 20th days of March, 1967. Richard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz Walter A. Pregler Councilmen Attest: Leo F. Frommelt City Clerk Mayor Ludwig moved adDption of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas-Mayor Ludwig, Council men McCauley, Pregler, Schultz. Nays-None. Absent-Councilman Pfohl. Attest: 140 143 March 22, 1967 Session, Special 3.23926% 1970 4.75% 1971.80 3.20% 1981-82 3.25% 100.0150 Harris Trust & Savings Bank-Chgo.-Mgr. The White-Phillips Company, Inc.-Dvnpt. 3.2407% 3.24199% 3.248577% 3.26826% Smith, Barney & Co., Inc.-New York-Mgr. Goldman, Sachs & Co.-New York The DIinols Company-Chicago 4.75% 3.20% 3.25% 4.00% 3.20% 3.25% 3.25% 3.20% 3.30% 3.20% 3.25% 3.30% 1970-82 1970 1971-77 1978-79 1980 1981-82 CITY COUNCIL OFFICIAL 1970 1971-80 1981-82 1970-71 1972-80 1981-82 100.0152 100.0101 Mayor Ludwig moved that the proof of publication be received and filed. Seconded by Councilman Pregler. Carried by the follow- ing vote: Yeas--Mayor men McCauley, Schultz. Nays-None. Councilman Pregler moved that the time for receipt of sealed bids be closed. Seconded by Mayor Ludwig. Carried by the follow- ing vote: Yeas-Mayor McCauley, 3.289424% 3.90% 3.25% 3.30% 1970-71 1972-80 1981-82 100.0000 men Schultz. Nays-None 3.2957% 3.3267% 3.33% 3.40% 3.30% 3.40% 1970 1971-80 1981-82 100.0000 LaSalle National Bank-Chicago-Manager Blunt Ellis & Simmons----Chlcago Loewi & Co., Inc.-Milwaukee Piper, Jaffray & Hopwood-Minneapolis DUbuque Bank & Trust Co.-Dubuque men Schultz. Nays-None maturing in the year -0- to -0-, in- clusive, bearing interest at the rate of none per cent (0%) per annum, and the bonds maturing in the years -0- to -0-, inclusive, bearing interest at the rate of none per cent (0%) per annum; and thereafter such sealed bids were opened, the substance of the best sealed bid being as follows: the bid submitted by First Wiscon- sin National Bank of Milwaukee, consisting of par and accrued in- terest plus a premium of $10.00, with the bonds maturing in the years 1970 to 1971, inclusive, bear- ing interest at the rate of four and one-tenth per cent (4.10%) per annum, the bonds maturing in the years 1972 to 1977, inclusive, bear- ing interest at the rate of three and one-tenth per cent (3.10%) per annum, and the bonds matur- ing in the years 1978 to 1982, inclusive, bearing interest at the rate of three and two-tenths per cent (3.20%) per annum; NOW, THEREFORE, be it re- solved by the City Council of the City of Dubuque, Iowa, as follows: RESOLUTION NO. 66-67 A resolution providing for the sale and award of $1,000,000 Flood Protection Bonds and ap- proving and authorizing the agreement of such sale and award. Council Pregler Ludwig, Pfohl, Mayor Ludwig read the call ar.d stated that service thereof had been duly made and this meeting is called for the purpose of adopt- ing a RESOLUTION PROVIDING FOR THE SALE AND AWARD OF $1,000,000 FLOOD PROTECTION BONDS AND APPROVING AND AUTHORIZING' THE AGREE- MENT OF SUCH SALE AND AWARD, and acting upon such other business as may properly come before a regular meeting of tbe City Council. Proof of publication, of notice of public hearing and notice of sale of bonds City of Dubuque, Iowa, $1,000,000 Flood Protection bonds, 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. WHEREAS notice of sale of $1,000,000 Flood Protection Bonds of the City of Dubuque, in Du- buque County, Iowa, has hereto- fore been given in strict compli- ance with the provisions of Chap- ter 75 of the Code of Iowa by publication of notice for two or more successive weeks in a news. paper published and of general circulation in Dubuque. County; and read. Investment Ratings Standard & Poor's Corporation-AAA Moody's Investors Service, Inc.-Aaa Date of Sale: March 22, 1967 $1,000,000 CITY OF DUBUQUE, IOWA General Obligation Flood Protection Bonds Net Interest Coupon Rates Rate 1970-71 4.10% 3.20255% 1972-77 3.10% 1978-82 3.20% being ad. is hereby Section 1. That upon vised in the premises it 3.21391% 3.90% 3.10% 3.20% 1970-72 1973-77 1978-82 100.0000 100.0225 3.21576% 4.25% 3.10% 3.20% 1970-71 1972-76 1977-82 100.0285 Halsey, Stuart & Co. Inc.-Chicago-Mgr. Bacon, Whipple & Co.-Chicago Allan Blair & Company-Chicago WHEREAS all sealed bids have been received and placed on file, after which open bids were called for and received, the highest of which open bids was as follows: the bid submitted by none, con- sisting of par and accrued inter- est plus a premium of $ None, with the bonds maturing in the years .0- to -0-, inclusive, bearing in- terest at the rate of None per cent (0%) per annum, the bonds New York Merrill Lynch, Pierce, Fenner & Smith, Incorporated-New York-Manager First of Michigan Corporation-Detroit Rodman & Renshaw-Chicago March 22, 1967 Session, Special 142 10Q.00OO 100.0350 First National Bank of Chicago-Manager William Blair & Company-Chicago The Milwaukee Company-Milwaukee The Northern Trust Company-Chgo.-Mgr. Clark, Dodge & Co., Inc.-New York Quail & Co.-Davenport Council met noon. IC.S.T.) Present-Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz, City Manager Gilbert D. Chavenelle. o'clock 12:00 at Council Pregler Ludwig, Pfohl, 4.25% 3.25% 3.30% 3.50% 3.40% 3.30% After the non-receipt of oral bids Mayor Ludwig moved that oral bidding be closed. Seconded by Councilman Pregler. Carried by the following vote: Yeas-Mayor men McCauley, Schultz. Nays-None. were opened and sealed bids following Tbe Price 100.0010 Bidders First Wisconsin National Bank of Milwaukee J. Barth & Co.-8an Francisco Awarded Barr Brothers & Co.-New York 3.21376% 3.25% 3.10% 3.20% 3.25% 1970-75 1976 1977-80 1981-82 Co. of Morgan Guaranty Trust 3.21897% 3.25% 1970.82 100.3325 Weeden & Co.-8an Francisco and W. H. Morton Co., Inc.-N. Y., jointly Inc.-Chicago Bank and John Nuveen & Co. Continental Dlinois National Trust Company of Chicago CouncH~ Pregler, Ludwig, Pfohl, 22, March Session, Special 1967. 1970.71 1972-80 1981-62 1970-73 1974-75 1976-82 100.078 100.0020 Mercantile Trust Company-St. Louis and Carleton D. Beh Co.-Des Moines, jointly First National Bank in St. Louis----Manager First National Bank of Memphis----Memphis Reinholdt & Gardner-St. Louis American Fletcher Sational Bank & Trust Company-Indianapolis Van Horne Investments, Inc.-Omaha reo by tbe Council- Pregler, Mayor Ludwig moved for ceipt of oral bids. Seconded Councilman Pfohl. Carried by following vote: Yeas-Mayor Ludwig, McCauley, Pfohl, \1111', Iii '.' .i j~"""" 145 Petition of Ralph Cremer et al (88 signatures) requesting restora- tion of the 15 minute parking along Rhomberg A venue on the east side from the railroad tracks to Marshall Street. presented and read. Councilman Pregler moved that the rules be sUspended in order to let anyone present address the Council if they so desire. Sec- onded by Councilman Schultz. Car- ried by the fOllowing vote: Yeas-Mayor LUdWig, Council men McCauley, Pfohl, Pregler, Schultz. Nays-None. Ralph Cremer. Vince Mescher, Harry Gantert, Harold Welter, all businessmen along Rhomberg Ave- nUe in the area in question. ad- dressed the Council requesting amendment of the Ordinance which took away the 15 minute limit on parking along the east side of Rhomberg Avenue. Mayor Ludwig moved that the petition requesting restoration of parking on the east side of Rhom- berg 'from the R. R. tracks to Marshall Street be referred to the Manager and Traffic Department, in the hope that a recommenda. tion could be presented at the Council meeting of April 17th. Seconded by Councilman Schultz. Carried by the fOllowing vote: Yeas-Mayor LUdwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays-None. Petition of Thea Lagen et al requesting the installation of a street light on KirkWOOd Street half way up the hill from W. Lo. cust Street, presented and read. Councilman Pfohl moved that the petition be refelTed to the Manager and Electrical Inspector for investigation and report. Sec. onded by Councilman Pregler. Car. ried by the follOwing vote: Yeas-Mayor LUdWig. Council_ men McCaUley, Pfohl, Pregler, Schultz. Nays-None. Petition of Robert A. Beam re- questing pennission to construct a retaining wall along the side- walk on city property at 1801 Lin- coln Avenue. presented and read. March 29, 1967 Session. CITY COUNCIL Ludwig, Pfohl, Mayor Ludwig read the call and stated that service thereof had been dUly made and this meet- ing is an ADJOURNED MEETING OF MARCH 22, 1967, CALLED FOR THE PURPOSE OF ADOPT- ING A RESOLUTION PROVIDING FOR THE ISSUANCE OF $1,000,- 000 FLOOD PROTECTION BONDS OF THE CITY OF DUBUQUE, row A, and acting upon such other business as may properly come be- fore a regular meeting of the City Council. Session, P.M. OFFICIAL Adjourned Special March 29, 1967. Council met at 7:30 IC.S.T.). Present-MayorLudwig, Coun.. cllmen McCauley, Pfohl, Preg- ler, Schultz. City Manager GiI~ bert D. Chavenelle. Adjourned Special Notice of claim of Art Tuegel, Sr., in the amount of $135.50, for car damage incurred as the re- sult of a falling rock from the bluff at the Eagle Point Park on March 26, 1967, presented and read. Mayor Ludwig moved that the notice of claim be refelTed to the City Solicitor for investigation and report. Seconded by Councilman Pfohl. Carried by the fOllOwing vote: Notice of claim of Albert G. Henneger, in an undetermined amount, for personal injuries re- ceived in a fall in the street along the gutter line at 881 McCormick Street on March 7. 1967. presented and read. Council Pregler Mayor Ludwig moved that the notice of claim be referred to the City Solicitor for investigation and report. Seconded by Counel- man Pfohl. Carried by the follow. ing vote: YeaS-Mayor men McCauley, Schultz, NaYs-None. Council Pregler, YeaS-Mayor LUdwig, men MCCauley, Pfohl, Schultz. NaYs-None. Council Prcg:~er, 967 967 ............................... City Clerk Session, March 22, 1967 determined that the bid of First bidder Mayor Ludwig moved that Wisconsin National Bank of Mil- the deposit checks of the unsuc- waukee for the purchase of cessful bidders be returned. Sec- $1,000,000 Flood Protection Bonds, onded by Councilman Pregler. Car- as advertised, bearing interest at ried by the following vote: the rates specified in the pre- Yeas-Mayor Ludwig Council- amble hereof, is the highest and men McCauley Pfohl' Pregler best bid received and that said Schultz. ' , , bonds be and the same are here- Nays-None. by awarded to said First \Viscon- sin National Bank of Milwaukee. Mayor Ludwig moved that this Section 2. That the form of agree. meeting be adjourned to March ment of sale of said bonds to First 29, 1967, at 7:30 o'clock P.M. in Wisconsin National Bank of Mil- the Council Chamber at the City waukee be and the same is here- Hall. Seconded by Councilman by approved, and the Mayor, City Pfohl. Carried by the follOwing Clerk and City Treasurer are here vote: by authorized to execute said agreement for and on behalf of the City of Dubuque, Iowa, and to affix the corporate seal of said City thereto. Section 3. That all resolutions or parts of resolutions in conflict herewith be and the same are hereby repealed. Passed and approved 1967. Attest: ou'ncllmeii. Frommelt City Clerk Ludwig, Pfohl, F. Yeas-Mayor men McCauley, Schultz. Nays-None. Leo Approved Adopted Attest: Council- Pregler, After it was ascertained that the First Wisconsin National Bank of Milwaukee was the successful 22, Ludwig Mayor Frommelt City Clerk Recorded March 22, 1967. Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Pfohl. Carried by the following vote: Yeas-Mayor LUdwig: men McCauley, Pfohl. Schultz. Nays-None. March Special Richard Leo F. 144 jUtJi-,t_:>' 147 hundredths per cent (4.10%) per annum, bonds numbered 21 to 100, inclusive, shall bear interest at the rate of Three and ten-hundredths per cent (3.10%) per annum, and bonds numbered 101 to 200, in- clusive, shall bear interest at the rate of Three and twenty-hundred_ ths per cent (3.20%) per annum, all of such interest being payable December 1, 1967, and semiannual- ly thereafter on the first days of June and December of each year. Said bonds sball be signed by tbe Mayor and attested by the City Clerk, and the seal of said City affixed, and be registered as to is~ suance by the City Treasurer and a certificate of such registration endorsed thereon. Interest on said bonds shall be evidenced by cou- pons thereto attached and matur- ing on the several days when such interest matures, which coupons shall be executed with the facsim- ile signatures of said Mayor and City Clerk, and said officials, by the execution of said bonds, shall adopt as and for their proper sig- natures their respective facsimile signatures appearing on said cou- pons. Both principal and interest of said bonds shall be payable in lawful money of the United States of America, at the office of the City Treasurer in and of the City of Dubuque, Iowa. Section 2. That each of said bonds be subject to registration as to principal only in the name of the holder on the books of the City Treasurer, such registration being noted upon each bond so registered, and after such registra- tion payment of the principal thereof shall be made only to the registered holder. Any bonds so registered, upon the request in writing of such holder, person. ally or by attorney-in-fact, may be transferred either to a designated transferee or to bearer, and the principal of any bonds so trans- ferred and registered to bearer shall thereupon be and become payable to bearer in like manner as if such bond had never been registered. Registration of any bonds as to principal shall not re- strain the negotiability of the cou- pons thereto attached by delivery merely. Section 3. That said bonds, cou- pons and provisions for registra- 1967 Session, March 29, Council finding said Mississippi River Improvement Project to be necessary and advisable and con- ducive to the public convenience and welfare of said City and its in- habitants and ordering that said improvements to the Mississippi River be constructed; and Whereas for the purpose of pay- ing the cost of acquiring property and rights of way required to car- ry out said Mississippi River Im- provement Project it is necessary that provisions be made at this time for the issuance of bonds of said City in the principal amount of $1,000,000 payable from taxes levied upon all the taxable proper- ty in said City as authorized and permitted by Section 395.25 of the Code of Iowa, 1966; and WHEREAS notice of a meeting for the initiation of proceedings for the issuance of said bonds has heretofore been given in the man- ner and form required by Chapters 23 and 408A of the Code of Iowa and no petition or protest against the issuance of said bonds has been filed responsive to Section 23-13 of the Code of Iowa and no petition has been filed requesting that the proposition of issuing said bonds be submitted at an election; Adjourned Special NOW TIIEREFORE, Be It Re. solved by the City Council of the City of Dubuque, Iowa, as follows: Section 1. That pursuant to and as authorized by Section 395.25 of tbe Code of Iowa, 1966, and for the purpose of acquiring the property and rights of way necessary to carry out the MissiSSippi River Improvement Project, as referred to in the preamble hereof, there shall be and there is hereby ord- ered issued the negotiable Flood Protection Bonds of said City of Dubuque in the principal amount of $1,000,000, said bonds to be two hundred in number, numbered con- secutively from 1 to 200, both nUm- bers included, of the denomination of $5000 each, to be dated April 1, 1967, and to mature in numeri- cal order $50,000 on December 1 of each of the years 1970 to 1975, inclusive, and $100,000 on Decem- ber 1 of each of the years 1976 to 1982, inclusive. Bonds of said issue numbered 1 to 20, inclusive, shall bear inter- est at the rate of Four and ten- '" { -~~ ~ 1967 conduct an auction sale at Jeffer- son High School and further re- questing that the auctioneer and clerk fees be waived, presented and read. Council- Pregler, Petition of Louis E. Willcox re~ questing a refund of $150 on the unexpired portion of Class B Beer license No. 34, as he has discon- tinued business on March 25, 1967, presented and read. Councilman Pregler moved that the refund be granted and the auditor instructed to issue proper warrant. Seconded by Councilman Schultz. Carried by the following vote: Yeas-Mayor Ludwig, men McCauley, Pfohl, Schultz. Nays-None. WHEREAS it is conducive to the public convenience and welfare and necessary and for the best interests of the City of Dubuque, Iowa, and its inhabitants that flood protection works be constructed consisting generally of construct- ing levees, embankments and struc- tures and otherwise improving the water course of the MiSSissippi River in said City; and WHEREAS the United States Government, acting by and through the Secretary of the Army and the Chief of Engineers pro~ poses to construct such improve- ments to said MiSSissippi River within the corporate limits of the City of Dubuque, as more fully described in a report of the Chief of Engineers transmitted to Con- gress by the Secretary of the Army by letter dated June 19, 1962, House Document No. 450, 87th Congress, 2nd Session; and WHEREAS pursuant to notice and a hearing a resolution has beretofore been adopted by this Council- Pregler, Councilman Pfohl moved that the petition be granted. Second- ed by Mayor Ludwig. Carried by the following vote: Yeas-Mayor Ludwig, men McCauley, Pfohl, Schultz. Nays-None. RESOLUTION NO, 67,67 RESOLUTION providing for the issuance of $1,000,000 Flood Protection Bonds of the City of Dubuque, Iowa. * * . March 29, Session, Councilman Schultz moved ap- proval subject to approval of the Engineering Department. Second- ed by Councilman Pregler. Car- ried by the following vote: Yeas-Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays-None. Petition of Daniel F. Leibfried et al requesting the installation of two street lights in the 2300 block on Eagle Street, presented and read. Councilman Pfohl moved that the petition be referred to the Manager and Electrical Inspector for investigation and report. Sec- onded by Councilman Schultz. Car- ried by the following vote: Yeas-Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays-None. Petition of C. D. Volkert et al requesting elimination of the water and mud condition of Cerra Drive, presented and read. Mr. Lawrence Safe, Joe Hein, Clifford Volkert, all resideuts on Cerro Drive, addressed the Coun- cil relative to the water and mud coming up through the street anrl undermining sidewalks and drive- ways. They realized the City did do some repair work on the street but evidently did not get at the cause of the trouble. Councilman Pregler moved that the petition be referred to the Manager for jnvestigation and re- port. Seconded by Mayor Ludwig. Carried by the following vot~: Yeas-Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays-None. Petition of Robert Roussel ob- jecting to the parking restrictions placed on Pennsylvania Avenue, presented and read. Councilman Pregler moved that the petition be referred to the Manager and Traffic Department for investigation and report. Sec- onded by Councilman Schultz. Car. ried by the following vote~ Yeas-Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays-None. Petition of Jefferson Jr. High P. T. A. requesting permission to Adjourned Special 146 ',,",- 149 ~l In the year 1967 a tax suffic. ient to produce the sum of $54,168 for interest; In the year 1968 a tax sufficient to produce the sum of $32,500 for interest; In the year 1969 a tax sufficient to produce the sum of $82,500 for principal and interest; In the year 1970 a tax sufficient to produce the sum of $80,450 for principal and interest; In the year 1971 a tax sufficient to produce the sum of $78,400 for principal and interest; In the year 1972 a tax sufficient to produce the sum of $76,850 for principal and interest; In the year 1973 a tax sufficient to produce the sum of $75,300 for principal and interest; In the year 1974 a tax sufficient to produce the sum of $73,750 for principal and interest; In the year 1975 a tax sufficient to produce the sum of $122,200 for principal and interest; In the year 1976 a tax sufficient to produce the sum of $119,100 for principal and interest; In the year 1977 a tax sufficient to produce the sum of $116,000 for principal and interest; In the year 1978 a tax sufficient to produce the sum of $112,000 for principal and interest; In the year 1979 a tax sufficient to produce the sum of $109,600 for principal and interest; In the year 1980 a tax sufficient to produce the sum of $106,400 for principal and interest; In the year 1981 a tax sufficient to produce the sum of $106,400 for principal and interest: That the principal or interest coming due at any time when there are insufficient funds on hand to pay the same be prompt- ly paid when due from current funds on hand, and reimbursement be made to such current funds in the sums thus advanced when the taxes herein provided shall have been collected. Session, March 29, 1967 Owner- Name of Registered Owner On the back of each bond there shall be endorsed a certificate of the City Treasurer in the following form: Dubuque, Section 4. That said bonds be executed as herein provided as soon after the adoption of this resolution as may be and there- upon they shall be delivered to the Treasurer of said City, who shall register the fact of the issuance of same in a book provided for that purpose and shall deliver said bonds to the purchasers as deter- mined by this Council. upon re- ceipt of the purchase price, the same to be not less than the par value of said bonds with accrued interest thereon. All action hereto- fore taken in connection with the sale and award of said bonds is hereby ratified and confirmed in all respects. City Treasurer's Certificate The issue of this bond has been dUly and properly regis- tered in my office as of the first day of April, 1967. Adjourned Special Registration of ship) Date of Registration Signature of City Treasurer Treasurer of the City of Iowa. for (Form tion be in substantially tbe fol. lowing form: (Form of Bond) UNITED STATES OF AMERICA STATE OF IOWA COUNTY OF DUBUQUE CITY OF DUBUQUE FLOOD PROTECTION BOND No. .................... $5000 KNOW ALL MEN BY THESE PRESENTS: That the City of Du. buque, in the County of Dubuque and State of Iowa, for value re- ceived, promises to pay to bearer. or if this bond be registered as to principal, to the registered hold- er hereof, the sum of Five Thou- sand Dollars ($5000) on the first day of December. 19..... with in- terest on said sum from the date hereof until paid at the rate of .................... per cent (......%) per annum, payable December 1. 1967, and semiannually thereafter on the first days of June and De- cember in each year, interest to maturity being payable on pre- sentation and surrender of the in- terest coupons hereto attached as they severally mature. Both prin- cipal and interest of this bond are payable in lawful money of the United States of America at the office of the City Treasurer in and of the City of Dubuque. Iowa. This bond is one of an author- ized series of bonds issued by the City of Dubuque pursuant to and in strict compliance with the pro- visions of Section 395.25 and Chap- ter 76 of the Code of Iowa, 1966, and all laws amendatory thereof and supplementary thereto, and in conformity with a resolution of the City Council of said City duly passed, approved and recorded for the purpose of improving the water course of the Mississippi River in said City. And it is hereby certified and recited that all acts, conditions and things required by tbe laws and Constitution of the State of Iowa to exist, to be had, to be done, or to be performed prece- dent to and in the issue of this bond, were and have been proper- ly existent, had. done and per- formed in regular and due form and time; that provision has been made for the levy of a sufficient continuing annual tax on all the taxable property within said City for the payment of the principal Session, March 29, 1967 and interest of this bond as the same will respectively become due; that the faith. credit, revenues and resources and all the real and personal property of said City are irrevocably p 1 e d g e d for the prompt payment hereof, both prin- cipal and interest; and that the total indebtedness of said City, in- cluding this bond, does not exceed any constitutional or statutory limitations. This bond is subject to regis- tration as to principal in the name of the holder on the books of the City Treasurer of said City, such registration to be evidenced by notation of said Treasurer on the back hereof, and after such registration no transfer hereof, ex- cept upon such books and similarly noted hereon, shall be valid un- less the last registration shall have been to bearer. Registration here- of shall not affect the negotiabil- ity of the coupons hereto attached, which shall continue negotiable by delivery merely. IN TESTIMONY WHEREOF, said City, by its City Council, has caused this bond to be signed by its Mayor and attested by its City Clerk, with the seal of said City affixed, and the coupons hereto attached to be executed with the facsimile signatures of said Mayor and City Clerk, which officials by the execution of this bond do adopt as and for their proper signatures their respective facsimile signa- tures appearing on said coupons, all the first day of April, 1967. ..................................................... Mayor of the City of Dubuque, Iowa Section 6. That a certified copy of this resolution be filed with the County Auditor of DUbuque County and that said Auditor be and he is hereby - instructed in and for each of the years 1967 to 1981, inclusive, to enter for col- lection and assess the tax hereby authorized. When annually enter- Section 5. That, as required by Chapter 76 of the Code of Iowa and for the purpose of providing for the levy and collection of a direct annual tax sufficient to pay the interest on said bonds as it falls due, and also to pay and dis- Charge the principal thereof at maturity. there be and there is hereby ordered levied upon all the taxable property in said City a di- rect annual tax for each of the years while said bonds or any of them are outstanding in amounts sufficient for that purpose, and that there be and there is hereby levied on all the taxable property in said City the following direct annual tax, to-wit Adjourned Special 148 Coupon) No. .. $.................", On ...................., 19....... the Treas- urer of the City of Dubuque. in Du- buque County, Iowa, will pay to bearer .................................... Dollars ($....................) at the office of the City Treasurer, Dubuque, Iowa, for interest due that date on its Flood Protection Bond, dated April 1, 1967, No. Attest: .................................................... City Clerk of the City of Dubuque, Iowa (Form 01 ............................. Attest: Mayor ...................................... City Clerk 151 by Council Pregler Councilman Pregler. the following vote: Yeas-Mayor Ludwig, men McCauley, Pfohl, Schultz. Nays-None. There being no further business Councilman McCauley moved to ad- journ. Seconded by Councilman Schultz. Carried by the following vote: Yeas-Mayor men McCaUley, Schultz. Nays-None. 967 967 Council- Pregler Carried Ludwig, Pfohl, 1967 March 29, Approved Adopted Session, and Jenni Company Corporation However, nothing in this Reso- lution shall be construed to exact any charge for any extension of said sewer by the City of Dubuque or its permittees; and furthermore, no connection charge will be made to Sieg-Dubuque Co. for making a connection to said sewer. Section 3. That the City Clerk be and he is hereby authorized and directed to record a certified copy of this Resolution in the office of the County Recorder of DUbuque County, Iowa. Adjourned Special be apportioned follows: Ethel Chevrolet To Chrysler 40%. and Motors William Bird charge shall disbursed as To 40%. To 20%. iI~ Adjourned Special Session, March 29, 1967 di' '" ,~;, t je. approved 1967. Richard LUdwig M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl. Walter A. Pregler Councilmen Passed, adopted and this 29th day of March, Councilmen Attest: ...."'''' City Clerk. F. Frommelt City Clerk moved adoption Seconded by Leo Mayor Ludwig of the resolution. Section 1. That said sanitary sewer is hereby accepted by the City of Dubuque and that the same be hereafter a public sewer un- der the exclusive charge and con- trol of the City of Dubuque. Dedication and Grant of Ease- ment, submitted by David L. Ham- mer, attorney, executed by Wil- liam and Ethel Jenni, Bird Chev- rolet Co., Chrysler Motors Corpor- ation covering a sanitary sewer across Lot 1 of Correction Plat of M. L. 248 across Bird Chevrolet Center Grove Place and Lot 1 of 1 of 1 of the Correction Plat of Lot 1 of M. L. 246, presented and read. Section 2. That hereafter any person or persons desiring to con- nect with said sewer, shall first apply to the City Manager for permission to do so and such per- mission shall be granted upon con- dition that the applicant sball pay to the City Treasurer for the ac- count of Bird Chevrolet Company, Chrysler Motors Corporation, and William and Ethel Jenni, a con- nection charge of $8.78 per front foot of land to be served by said connection, and said connection Councilman Pfohl moved that the dedication and grant of ease- ment be received and approved. Seconded by Councilman Schultz. Carried by the following vote: Yeas-Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays-None. RESOLUTION NO. 68-67 'Resolution accepting the eight (8) inch sanitary sewer constructed from Lot 1 of the Correction Plat Attest: of Mineral Lot 248 across "Bird Chverolet Center Grove Place" and Lot I of Lot I of Lot I of the Cor. rection Plat of Lot 1 of Mineral Lot 246, all in the City of Du- buque, Iowa. WHEREAS, Bird Chevrolet Com- pany and Chrysler Motors Corpor- ation have constructed a sanitary sewer which meets the require- ments of the City of Dubuque pub- lic sanitary sewers, the location of said sanitary sewer appearing on a plat filed in Book of Plats #31, page 182, Records of Dubuque Dubuque County, Iowa; and WHEREAS, William Jenni and his wife, Ethel Jenni, Bird Chev- rolet Company and Chrysler Motors Corporation, the owners of the real estate through which said sanitary sewer passes, have dedi- cated said sanitary sewer to the public; and WHEREAS, tbe City Engineer has inspected said sanitary sewer and the City Manager has recom- mended the acceptance of said sewer as a public sanitary sewer; and WHEREAS, the permittees un- der said ordinance have filed with the City Council a certified state- ment showing all the amounts paid in connection with the construc- tion of said sanitary sewer, in- cluding land acquisition, construc- tion costs, engineering and inspec- tion fees, amounting in total to $7,243.46; NOW, THEREFORE be it reo solved by the City Council of the City of Dubuque, Iowa 150 ing said taxes for collection, the County Auditor shall include the same as a part of the tax levy for debt service fund purposes of said City, and when collected, the pro. ceeds of said taxes shall be con- verted into the debt service fund of said City and set aside therein as a special account to be used solely and only for the payment of the principal of and interest on the bonds hereby authorized and for no other purpose whatsoever. Section 7. That all resolutions or parts thereof in conflict herewith be and the same are hereby re- pealed, and that this resolution be- come effective immediately upon its passage and approval. Passed and approved March 29, 1967. Richard Ludwig Mayor Frommelt City Clerk 29th, 1967. 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. Council Pregler F. Recorded March Leo F. Leo Attest: