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1967 April Council Proceedings 153 City Staff, the DUbuque Couuty Medical Society and citizens of OUf community whose work pro- duced the highly successful and beneficial program. Respectfully, Gilbert D. Chavenelle City Manager Mr. WaIter A. Pregler moved that the communication he receiv- ed and filed and that a letter of thanks be sent to the Dubuque County Medical Society. Seconded by Mr. Eldon A. Pfohl. Carried by the following vote: YeaS-Chairman Richard Lud. wig, Messrs. M. Sylvester McCau- ley, Eldon A. Pfohl, Walter A. Pregler, Merlin F. Schultz. Nays-None. March 20, 1967 Mr. Gilbert Chavenelle City Manager Duhuque, Iowa 52001 Dear Mr. Chavenelle: On March 18, 1967, in Dubuque more than six thousand children were immunized against measles. This represents a very high per- centage of the susceptibles to the disease. As a result of this immuni- zation program, measles should be virtually eliminated from your city. The highest praise must be given to the Dubuque City Health De. partment for the part they played in making this program a tremen- dous success. Personnel of the City Health Department, under the able leadership of Doctor Kenneth Hazlet, played a very significant role in the planning and execu- tion of the clinic. I want to thank the City of Du- buque for its help in cooperating with the Dubuque County Medical Society in making this program possible. Sincerely, Arnold M. Reeve, M.D., M.P.H. Chief Dr. Kenneth K. Hazlet stated that only those persons working for the City that are involved in actual flood work would be im- munized against typhoid. There being no further busi- ness Mr. M. Sylvester McCauley moved that the meeting adjourn. 3, 1967 Regular Session, April Health OFFICIAL Regular Session, April 3, 1967. Board met at 7:15 P.M. (C.S.T.). Present-Chairman Richard Lud- wig, Messrs. M. Sylvester McCau- ley, Eldon A. Pfohl, Walter A. Pregler, MerUn F. Schult:r, Dr. Kenneth K. Hazlet. Communication of State Depart- ment of Health approving applica- tion of Donald & Lois Knapp, and issuing license for operation of a mobile home park for 1967 at 50 E. 32nd Street, presented and read. Mr. Eldon A. Pfohl moved that the communication be received and filed. Seconded by Mr. Walter A. Pregler. Carried by the foHowing vote: Yea~hairman Ric/1ard Lud. wig, Messrs. M. Sylvester McCau- ley, Eldon A. Pfohl, Walter A. Pregler, Merlin F. Schultz. Nays-None. Communication of State Depart- ment of Health approving applica- tion of Raymond Papin and issuing license for operation of a mobile home park for 1967 at 2641 Uni- versity Ave., presented and read. Chairman Richard LUdwig moved that the communication be receiv. ed and filed. Seconded by Mr. Walter A. Pregler. Carried by the fOllowing vote: YeaS-Chairnmn Richard Lud. wig, Messrs. M. Sylvester McCau- ley, Eldon A. Pfohl, Walter A. Pregler, Merlin F. Schultz. Nays-None. March 27, 1967 To the Honorable Mayor and City Council Gentlemen: I am enclosing a letter received from Dr. Reeve, Chief of Preven. tive Medical Service, Iowa State Department of Health, commend- ing the City Health Department for their work during the recent immunization program against measles. Indeed I do believe commenda. tions are in order for both the Board of ..... 155 February 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 Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. Nays-None. Regular Session, April 3, 1967 Seconded by Mr. Eldon A. Pfohl Carried by the following vote: YeaS-Chairman Richard Lud. wig, Messrs. M. Sylvester McCau- ley, Eldou A. Pfohl, Walter A. Pregler, Merlin F. Schultz. Nays-None. Leo F. Frommelt, Clerk Board of Health of 3, 1967 month 1966 October To the Honorable Mayor and City Council Gentlemen: The petition of Finley Hospital, submitted to the City Council, and referred to the Plumbing Board September 20, 1966, requesting re- instatement of Earl Hoffman as a restricted licensed plumber, was taken into consideration by the Plumbing Board at their regular meeting September 30, 1966. 4, 1967. P.M. Mayor Ludwig read the call and stated that service had been duly made and this meeting is the REG- ULAR MONTI!LY MEETING of the City Council called for the pur- pose of acting upon such business as may properly come before the meeting. 3, the sued for 1967. Regular Session, April CITY COUNCIL OFFICIAL Regular Session, April 3, Council met at 7:30 (C.S.T.) Present - Mayor Ludwig, Councilmen McCauley, Pfohl, Pregler, Schultz. City Manager Gilbert D. Chavenelle. April To the Honorable Mayor and City Council, Gentlemen: This is to advise that I have ap- proved the follOwing bonds and de- sire to have your approval on same. 1967 154 .............................1967 1967 "'''''ii'i'.;;;bers''Board''of'Healtil: It is the recommendation of the Plumbing Board that Mr. Hoffman submit to a written examination on the basic fundamentals of the State and City Plumbing Require~ ments. RespectfUlly submitted, Richard J. Feyen, Clerk Plumbing Board Councilman Pregler moved that the communication be referred back to the Plumbing Board and requested a joint meeting with the City Council. Seconded by Coun~ cilman Schultz. Carried by the fol- lowing vote: Yeas - Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. Nays-None. Communication of Plumbing Board recommending that Archie Kuehn be SUbject to a written ex- amination on basic plumbing, which exam has been set for March 6, 1967, to comply with Dubuque Packing Co. request for a restrict~ ed plumber's license, presented and read. Councilman Pfohl moved that the communication be re- ferred back to the Plumbing Board and request a joint meeting with the City Council. Seconded by Councilman Pregler. Carried 'by the following vote: Yeas - Mayor Ludwig, Coun~ Approved Adopted SIDEWALK Joseph A. Becker d/b/a, Albert Becker & Sons, General Insur~ ance Company of America Merlin P. Kluck d/b/a, M. P. Kluck and Son, United States Fidelity and Guaranty Co. Donald Walser and John T. Link d/b/a, Walser and Link, United States Fidelity and Guaranty Co. John P. Welter Sons, Western Surety Company. RespectfUlly, Gilbert D. Chavenelle, City Manager Councilman Pfohl moved that filing of the bonds be approved subject to approval of the City At. torney. Seconded by Councilman Schultz. Carried by the following vote: Yeas - Mayor Ludwig, Council- men McCauley, Pfohl, Pregler, Schultz. NaYs-None. 1967 March 30, To the Honorable Mayor and City Council Gentlemen: I herewith submit the monthly report of the City Auditor's office, as well as a list of claims and pay- rolls for which warrants were is- Attest: ........................................ Clerk Board of Health. 157 32399, for the same job, said re~ fund request having been approved by the Plumbing Department pre- sented and read. Councilman Pfohl moved that the petition be granted and the Auditor instructed to is- sue proper warrant. Seconded by Councilman Schultz. Carried by the following vote: Yeas - Mayor Ludwig, Coun- cilmen McCauley. Pfohl, Pregler, Schultz. Nays-None. Petition of Northwestern Bell Telephone Co. requesting permis- sion to construct underground con- duit from the existing manhole ap- proximately 475' south of Dodge Street on S. Locust Street to South- ern Avenue, presented and read. Councilman Pfohl moved approval of the petition after assurance was given of approval by the Engineer- ing Department. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Ludwig, Coun- cilmen McCauley. pfohl, Pregler, Schultz. Nays-None. Petition of Susan A. Campbell making inquiry as to her petition filed last year requesting rezoning of Lot 2 of 1 of 1 of 4; Lot 2 of 4; Lot 3 of 4; Lot 4 of 4; Lot 5 of 4; all in L. H. Langworthy Sub. of M. L. 73, presented and read. Councilman Pfohl moved that the petition be referred to the Plan- ning & Zoning Commission with instructions that the petitioner be sent a reply. Seconded by Council. man Schultz. Carried by the fol. lowing vote: Yeas - Mayor Ludwig, Coun- cilmen McCauley, pfohl, Pregler, Schultz. Nays-None. Petition of Charles Ehlers et al requesting additional lighting on Julien Dubuque Drive especially between 121 and 196, presented and read. Councilman Pregler moved that the petition be reo ferred to the Manager and Elec- trical Inspector for investigation and report. Seconded by Mayor Ludwig. Carried by the following vote: Yeas - Mayor cilmen McCauley, Schultz. Nays-None. Session, April 3, 1967 Ludwig, Coun- Pfohl, Pregler, ferred to the City Solicitor for in- vestigation and report. Seconded by Mayor Ludwig. Carried by the following vote: Yeas - Mayor Ludwig, Coun. cilmen McCauley, Pfohl, Pregler, Schultz. Nays-None. Petition of Dubuque Packing Co. requesting that Maple Street from 16th to 18th Street and E. 17th Street from Maple Street to the Railroad tracks be included in the concrete paving project for the year 1967, presented and read. Councilman Schultz moved that the petition be referred to the Manager and Engineering Depart- ment. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Ludwig, Coun. cilmen McCauley, Pfohl, Pregler, Schultz. Nays-None. Petition of Thomas E. Fleming et al requesting the installation of a storm sewer to the rear of their properties to carry off the excess water and drainage from their properties on Altura Drive, pre- sented and read. Councilman Pfohl moved that the petition be re- ferred to the Manager and Engi. neering Department for investiga- tion and report. Seconded by Coun- cilman Schultz. Carried by the fol- lowing vote: Yeas - Mayor Ludwig, Coun- cilmen McCaUley, Pfohl, Pregler, Schultz. Nays-None. 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, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. Nays-None. Mr. Herman Krakow of 1265 AI. tura Drive addressed the Council by stating that the condition of the area is almost deplorable. It has been going on for sometime. The mud.jacking that the City did last year failed to produce the proper results. Petition of Conrad Plumbing & Heating Co. requesting a refund of $9.00 due to duplication of pay. ment of a plumbing permit, No. Regular ~ l t i I have made an investigation of this claim, which was referred to me, and I have conferred with the claimant and reviewed his medical expenses and loss of wages and Mr. Cullen has made an offer of settlement in the amount of $300.00 and I herewith recommend acceptance of said offer and recom- mend that the City Auditor he in. structed to issue a warrant pay- able to Mr. Kenneth G. Cullen and Joyce Cullen in the amount of $300.00 and transmit same to City Attorney for delivery upon receipt of duly executed releases. Original claim is attached here. to. 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, Council- men McCauley, Pfohl, Pregler, Scbultz. Nays-None. Notice of claim of Mrs. Margaret McClain of 2770 Jackson St., in the amount of $1500 for personal injury received as the result of a fall on an ice covered walk on Farley Street on February 9, 1967, presented and read. Councilman Pfohl moved that the claim he reo Regular Session, April 3, 1967 Councilman Pfohl moved that the recommendation of the City At- torney be approved. Seconded by Councilman Schultz. Carried by the following vote: Yeas-Mayor men McCauley, Schultz. Nays-None. April 3, 1967 Honorable Mayor and City Council Gentlemen: On Fehruary 11, 1967, Kenneth G. Cullen of 2120 Foye Street, Du. buque, Iowa, filed notice of claim against the City of Dubuque in the amount of $800.00 claiming injur- ies as the result of a fall on Janu- ary 9, 1967, at the intersection of 10th & Jackson Streets while walk. ing in a public crosswalk, claim- ing an accumulation of ice and snow thereat resulting in his fall and allegedly suffering fractured ribs. Council Pregler Ludwig, Pfohl, 1967 HOD. Mayor and City Council Gentlemen: On August 29, 1966, Mr. and Mrs. Charles Reisen filed claim against the City of Dubuque, Iowa, as the result of their minor daugh. ter, Janet Marie Reisen allegedly suffering injuries from a cut on her foot at Flora Park on a square box with loose tin on it. This matter was referred to the appropriate City Agency and the City Attorney was advised on March 28, 1967, that said claim was disposed of to the satisfaction of the claimants. In view of the foregoing I recom- mend that the claim filed against the City of Dubuque be denied. Original claim is returned here- with. Pregler, 30, Pfohl March 156 cilmen McCauley, Schultz. Nays-None. Respectfully submitted, R. N. Russo, City Attorney Councilman Pregler moved that the recommendation of the City Attorney be approved. Seconded by Councilman pfohl. Carried by the following vote: Yeas-Mayor Ludwig, men McCauley, Pfohl, Schultz. Nays-None. April Honorable Mayor and City Council Gentlemen: On March 27, 1967, Arthur Tuegel, Sr. of 2460 Central Avenue, Dubuque, Iowa, filed claim against the City of Dubuque, claiming damages to his vehicle as the re. sult of a loose rock coming off the hillside and landing on his car trunk on March 26, 1967 at the Eagle Point Bridge Toll House. I have made an investigation of this matter and have examined the claim and find therefrom no ac- tionable negligence on the part of the City of Duhuque, and therefore recommend denial of the claim of Arthur Tuegel, Sr. Copy of original claim is ed hereto. Very truly yours, R. N. Russo, City Attorney 1967 attach- Council Pregler. 3, Councilman Pfohl moved adop- tion of the resolution. Seconded by Councilman Pregler. Carried by the fOllowing vote: Yeas - Mayor men McCauley, Schultz. Nays-None. 159 3, 1967 Regular Session, April EXHIBIT ASSURANCES MISSISSIPPI RIVER AT DUBU- QUE, IOWA LOCAL FLOOD PRO- TECTION PROJECT "A' In consideration of the authoriza- tion contained in the Flood Control Act of 1962, Public Law 87.874, approved 23 October 1962, and in Proof of Publication, certified to accordance with the plans and by the Publisher, of notice of levy recommendations of the Chief of of special assessment and intention Engineers in House Docume~t No. of the Council to issue bonds to 450, 87th Congress, the CIty of pay for construction of an eight Dubuque, County of Dubuq~e, inch sanitary sewer from the State of Iowa, by and through Its southern most existing sanitary duly elected and qualified Mayor manhole between Kaufmann Ave- and in accordance with a Resolu- nue and Asbury Road southerly tion passed by the City Council along the west side of J. F. Ken- of said City of Dubuque, Iowa, do~s nedy Road and Westerly through hereby agree and pledge that It Lot I, 2, 1 of 3 of Henry Zieglers will truly and faithfully: Subdivision and Lot 2 of 4 of J. a. Provide without cost to the P. Mettels Subdivision No. 2 to United States all lands, easements, the E.P.L. of Lot 1 of 4 of J. P. and rights-of.way necessary for the Mettels Sub. No.2, presented and construction of the project; read. Mayor Ludwig moved that b. Hold and save the United the proof of PUblication be re- States free from damages due to ceived and filed. Seconded by the construction works; Councilman Pregler. Carried by c. Maintain and operate all the the fOllOWing vote: works a.fter compl~tion in acc.ord- Yeas _ Mayor Ludwig, Coun- ance Wlth regulatIOns preSCrIbed cilmen McCauley Pfohl Pregler by the Secretary of the Ar!ll~; Schultz. ' , , d Modify or relocate buIldmgs, N N . '1 ays- one utilities, sewers, and other facI _ . ities where necessary in the con- Statement of City Clerk certi. struction of the project, inclUding fying that notices of levy were necessary widening of levees to mailed to property owners of rec. provide for roadways; and ord on March 3, 1967, subject to e. Obtain legal control over assessment for cost of construct- pondage areas and prevent en- iog the 8" sanitary sewer north croachment until subs!itute pOl!d- and west of Asbury Road and J. age Or increased pumpmg capaCIty F. Kennedy Road, presented and has been provided at local expense. read. Councilman Pregler moved It is hereby certified that the that the Statement be received undersigned official has ~he legal and filed. Seconded by Councilman authority to execute thIS agree. Schultz. Carried by the following ment. vote: Council- Pregler, Ludwig, Pfohl, WHEREAS, the City Council has examined the Assurances required of the City; and ) f Years - Mayor Ludwig, Coun- cilmen McCaUley, Pfohl, Pregler, Schultz. NaYs-None. RESOLUTION NO. 70-67 Schedule of Assessments RESOLVED by the City Council of the City of Dubuque, Iowa: That to pay for construction of an eight-inch (8") sanitary sewer from the southern most existing sanitary manhole between Kauf- mann A venue and Asbury road southerly along the west side of '. . 1967 ances must be given by the City of Dubuque, Iowa, to the United States of America pledging that it will furnish the required condi- tions of local cooperation with re- spect to the subject project; and 3, Session, April Regular 158 IN WITNESS WHEREOF, the City of DUbuque, County of Du- buque, State of Iowa, has caused its corporate name to be hereunto signed by its Mayor, attested to by the City Clerk, and the corpor- ate seal of said City to be affixed hereto this 3rd day of April, A.D., 1967. (SEAL) CITY OF DUBUQUE, IOWA By Richard Ludwig, Its Mayor ATTEST: Leo F. Frommelt, City Clerk WHEREAS, the City Council of the City of Dubuque, Iowa, deems it in the best public interest that said Assurances, which are con- tained in Exhibit "A" attached hereto and by reference made a part hereof as though fully set out herein be executed for and on behalf of the City of Dubuque, Iowa. Section 1. That the Assurances whereby the City of Dubuque agrees and pledges that it will furnish the required conditions of local cooperation with respect to the Dubuque, Iowa Local Flood Projection Project, set out in Ex- hibit "A", hereto attached be and the same are hereby approved. Section 2. That the Mayor and City Clerk be and they are hereby authorized and directed to execute said Assurances, a copy of which marked Exhibit "A" is hereto at- tached, for aud on behalf of the City of Dubuque, Iowa. Section 3. That the City Clerk he and he is hereby authorized and directed to forward a certified copy of this Resolution to the City Manager for transmittal to- gether with the original executed copy of Assurances to the office of the District Engineer, U.S. Army Corps of Engineers, Rock Is- land, illinois. Passed, adopted and approved this 3rd day of April, 1967. Richard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz Eldou A. Pfohl Walter A. Pregler Attest: Leo F. Fronunelt, City Clerk NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Ludwig, Coun- Pfohl, Pregler, RESOLUTION NO. 69-67 Resolution Authorizing and Ap- proving Assurances in Connec- tion with the Mississippi River at Dubuque, Iowa, Local Flood Project. WHEREAS, the City of Dubuque, Iowa, by letter dated March 17, 1967, has been advised by the Rock Island District Corps of Engineers that the General Design Memor. andum covering the Dubuque, Iowa local flood protection project has been approved and that in order for this project to continue in its development that certain assur- Petition of Kennedy Heating & Cooling requesting permission to install a gas fired air conditioner on the south side of the Travel- er's Cafe at 504 Central Avenue, presented and read. Councilman Pregler moved that the petition be referred to the City Manager and City Solicitor for further proceed- ings. Seconded by Mayor Ludwig. Carried by the following vote: Yeas - Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. Nays-None. Petition of Clem Wagner, re- questing a refund of $25 on the unexpired portion of cigarette li- cense No. 147, as he has discon- tinued business on March 1, 1967, presented and read. Councilman Schultz moved that the refund be granted and the Auditor instructed to issue proper warrant. Seconded by Councilman Pfohl. Carried by the following vote: Yeas - Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. Nays-None. Petition of Valetta Shannon, re- questing a refund of $25 on the unexpired portion of cigarette li- cense No. 110, as she has discon- tinued business on March 31, 1967, presented and read. Councilman Schultz moved that the refund be granted and the Auditor instructed to issue proper warrant. Seconded by Councilman Pfohl. Carried by the following vote: Yeas - Mayor cilmen McCauley, Schultz. Nays-None. 8. 814 and 815, $200.00, April 1 1975. 9. 816 and 817, $200.00, April 1, 1976. 10. 818 and 819, $200.00, April 1, 1977. 10. 820, $174.72, April 1, 1977. 3. Said bonds shall bear interest at the rate of 5 per cent per an- num, payable semi-annually in ac. cordance with coupons thereto at. tached: 161 3, 1967 Regular Session, April and the City Manager has certified the completion thereof to the City Council and the City Council has ascertained the cost thereof and has determined that $4,174.72 Dol- lars of the cost thereof shall be assessed against the property sub. ject to assessment therefor; and 4. Said bonds shall not make the City of Dubuque liable in any way, except for the application of said special assessment funds. 5. Said bonds shall provide that they may be payable at any time prior to the maturity date stated therein at the option of the City of Dubuque and shall be in sub- stantially the following form Whereas public notice, as pro- vided by law, has been published by the City Clerk stating the in- tention of the City Council to issue bonds for the purpose of provid- ing for the payment of the as- sessed cost of said improvement and a public hearing has been held, pursuant to such notice and all objections made thereto have been considered and determined; Ei9ht Inch Sanitary Sewer North and West of Asbury J. F. Kennedy Road, 1966 Thomas J. Mulgrew Co., Lot 1-3, Henry Ziegler's Subdivision........$ 629.79 Dubuque County Farm Bureau, Lot 4, Henry Ziegler's Subdivision 658.91 Dubuque County Farm Bureau, Lot 5, Henry Ziegler's Subdivison 658.91 Dubuque County Farm Bureau, Lot 6, Henry Ziegler's Subdivision 658.91 Merrill M. Vanderloo, Lot 2-4, J. P. Mettel Sub, No.2............ 869.76 Norbert G. & Maurean Pape, Lot 1-4, J. P. Mettel Sub., No.2 696.44 and Road CITY OF DUBUQUE Sewer Bond The City of Dubuque in the State of Iowa promises to pay as herein- after mentioned to the bearer here- of, on the first day of April 1968, or at any time before that date, at the option of the City of Du- buque, the sum of Two Hundred dollars with interest thereon at the rate of 5 per cent per annum, pay- able semi.annually, on the presen- tation and surrender of the inter- est coupons hereto attached. Both principal and interest of this bond are payable at the office of the City Treasurer in the City of Du- buque, in the State of Iowa. This bonds is issued by the City of Du- buque under and by virtue of Chapter 396 of the 1954 Code of Iowa, as amended, and the Resolu- tion of said City duly passed on the 3rd day of April, 1967, being Resolution No. 71-67. This Bond is one of a series of 21 bonds, 20 for $200.00 numbered from 800 through 819, and one for $174.72 numbered 820, all of like tenor and date, and issued for the purpose of constructing an eight- iuch (8") Sanitary Sewer, North and West of Asbury Road and J. F. Kennedy Road as described in NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque: 1. That to provide for the pay- ment of the assessed cost of con- structing an eight inch (8") sani- tary sewer from the southern most existing sanitary manhole between Kaufmann Avenue and Asbury Road southerly along the west side of J. F. Kennedy Road and wester- ly through Lot 1, 2, 1 of 3 of Henry Zieglers Subdivision and Lot 2 of 4 of J. P. Mettels Subdivision No. 2 to the E.P.L. of Lot 1 of 4 of J. P. Mettels Subdivision No. 2 there shall be issued Sewer bonds in the amount of $4,174.72 Dol- lars in antiCipation of the deferred payment of assessments levied for such improvement. 2. Such bonds shall be called Sewer bonds; and shall bear the date of May 3, 1967; and shall be numbered consecutively; and they shall be numbered, divided into series, and be in such denomina- tions and for such maturity dates as are shown in the following table 1. No. No. Series I~" jjII 1, Regular Session, April 3, 1967 a special tax be and is hereby levied on the several lots, and parts of lots, and parcelS of real estate all as named, situated and owned, and for the several amounts set opposite each lot or parcel of real estate, as set forth in the following schedule: $4,174.72 8" V.T.P., 862.15 Lin. Ft. @ 3.25 ............. .....................$2,801.99 Y Branches, 6" x 8/1, 7 No. of @ 15.00 ............................ 105.00 Concrete M. H. Height in ft. of Sidewall, 42.75 Liu. Ft. @ 18.00 ............................................................... Concrete M. H. Base, 5 No. of @ 50.00 ............. Concrete M. H., Ring & Cover, 5 No. of @ 50.00 Crushed Rock, 30 Tons @ 2.00 .... Sod in Place, 400 Sq. Y ds. @ .60 Share ............................................................$4,174.72 assessed in proportion to the Special Benefits Conferred. 1, 1, 1, 1, $200.00, April 1, 1, 160 J. F. Kennedy Road and westerly through Lot 1, 2, 1 of 3 of Henry Ziegler's Subdivision and Lot 2 of 4 of J. P. Mettels Subdivision No. 2 to the E.P .L. of Lot 1 of 4 of J. P. Mettel's Subdivision No.2, by Thos. Flynn Coal Co. contractor in front of and adjoining the same, 769.50 250.00 250.00 60.00 240.00 $4,476.49 689.31 30.16 .........$5,196.96 1,022.24 April $200.00, April $200.00, Engineering Costs 5% Interest-52 Days Cost Total Project City Share Assessable All of which is April $200.00, April April $200.00, April $200.00, $200.00, 800 and 801, 1968. 802 and 803, 1969. 804 and 805, 1970. 808 and 807, 1971. 808 and 809, 1972. 810 and 811, 1973. 812 and 813, 1974. 2. 3. 4. 5. 6. 7. struction cost of an 8" sanitary sewer north and west of Asbury Road and J. F. Kennedy Road, pre- sented and read. Councilman Pfohl moved that the proofs of publica- tion be received and filed. Second- ed by Mayor Ludwig. Carried by the following vote: Yeas - Mayor Ludwig, Coun- cilmen McCauley, pfohl, Pregler, Schultz. Nays-None. RESOLUTION NO. 71-67 Resolution providing for the i. luanee of Sewer bonds for the purpose of providing for the payment of the assessed cost of an eight-inch Sanitary Sewer North ond West of Asbury Road end J. F. Kennedy Road, 1966. Whereas the contract heretofore entered into by the City of Du- buque, Iowa, for the Sewer herein. after described has been completed Passed, adopted and approved this 3rd day of April 1967. Richard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pfohl moved adop- tion of the resolution. Seconded by Councilman Schultz. Carried by the following vote: Yeas - Mayor Ludwig, Coun. cilmen McCauley, Pfohl, Pregler, Schultz. Nays-None. Proofs of Publication, certified to by the Publishers, of notice of public hearing to authorize the is- suance of sewer bonds in the amount of $4,174.72 to pay for con- 163 shaH bear the date of February 8, 1967; and shall be numbered con~ secutively; and they shall be nUm~ bered, divided into series, and be in such denominations and for such maturity dates as are shown in the fOllOwing table: Series No.1, 759 thru 762, $500.00, June 1, 1967. Series No.2, 763 thru 766, $500.00, June 1, 1968. Series No.3, 767 thru 770, $500.00, June 1, 1969. Series NO.4, 771 thru 774, $500.00, June 1, 1970. Series No.5, 775 thru 778, $500.00, June 1, 1971. Series NO.6, 779 thru 782, $500.00, June 1, 1972. Series No.7, 783 thru 786, $500.00, June 1, 1973. Series No.8, 787 thru 790, $500.00, June 1, 1974. Series No.9, 791 thru 794, $500.00, June 1, 1975. Series No. 10, 795 thru 798, $500.00, June 1, 1976. Series No. 10, 799, $481.59, June 1, 1976. 3. Said bonds shall bear interest at the rate of 5 per cent per an- num, payable semi-annually in ac- cordance with coupons thereto at. tached: 4, Said bonds shaH not make the City of Dubuque liable in any way, except for the application of said special assessment funds. 5. Said bonds shall provide that they may be payable on June 1st of any year at the option of the City of Dubuque and shall be in substantiaHy the foHowing form: No. Series #.-,"~g!Oo-" ill 3, 1967 CITY OF DUBUQUE Water Main Extension Bond The City of DUbuque in the State of Iowa promises to pay as hereinafter mentioned to the bear- er hereof, on the first day of June or on June 1st of any year prior hereto, or at any time be- fore that date, at the option of the City of DUbuque, the sum of Five- Hundred dollars with interest thereon at the rate of 5 per cent per annum, payable semi annually, on the presentation and surrender No. Regular Session, April the following Ludwig, Council- Pfohl, Pregler, RESOLUTION NO. 59-67 Resolution providing for the is- suance of Water Main Extension Bonds for the purpose of provid. ing for the payment of the as. sessed cost of City of Dubuque, 1966, Kelly Lane Water Main, Project No.1, consisting of a cast iron water main in Kelly Lane from the East property Line of Fremont Avenue to the Northwest Properly line of Lot 1 of Lot 1 of Mineral Lot 511. Whereas the contract heretofore entered into by the City of Dubu- que, Iowa, for the Improvement hereinafter described has been completed and the City Manager has certified the completion there- of to the City Council and the City Council has ascertained the cost thereof and has determined that $20,481.59 Dollars of the cost thereof shall be assessed against the property subject to assessment therefor; and Whereas public notice, as pro- vided by law, has been published by the City Clerk staling the in- tention of the City Council to issue bonds for the purpose of providing for the payment of the assessed cost of said improvement and a public hearing has been held, pur- suant to such notice and all objec- tions made thereto have been con- sidered and determined; NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque: 1. That to provide for the pay- ment of the assessed cost of City of DUbuque 1966, Kelly Lane Wa- ter Main Project No.1, consisting of a cast iron water main in Kelly Lane from the east property line of Fremont Avenue to the north- west property line of Lot 1 of Lot of Lot 1 of Mineral Lot 511 there shall be issued Water Main Exten- sion bonds in the amount of $13,- 481.59 Dollars in anticipation of the deferred payment of assess- ments levied for such improve- ment. 2. Such bonds shall be called Water Main Extension bonds; and by Pregler. Carried vote: Yeas - Mayor men McCaUley, Schultz. Nays-None. ,~ Session, April 3, 1967 said Resolution, in said City, which register said bonds in a book kept cost is payable by the abutting and for that purpose and to then de- adjacent property along said im- liver them to the City Treasurer. provements and is made by law a 7. That the City Treasurer is lien on all of said property. It is hereby instructed to sell said payable only out of the Special bonds in the manner provided by Assessment Fund No. 1263 created law, the proceeds of said sale to by the collection of said special be placed in a special fund to be tax, and said fund can be used for known as Special Assessment Fund no other purpose. No. 1263 and paid out by him to It is hereby certified and recited pay the cost of said contract. that all the acts, conditions and 8. That the interest coupons at- things required to be done, prece- tached to the bonds be signed with dent to and in issuing this series the facsimile signature of the Ma- of bonds, have been done, hap- yor and countersigned with the pened, and performed, in regular facsimile signature of the City and due form, as required by law Clerk. and said Resolution, and for the as- 9. That as fast as funds allow, sessment, collection and payment beginning with the second year af- hereon of said special tax, the full ter the payment of interest due, faith and diligence of said City of the City Treasurer is directed to Dubuque are hereby irrevocably call these bonds in the same order pledged. as numbered. IN TESTIMONY WHEREOF the 10. Notice of election to call City of Dubuque by its Council has these bonds shall be given by reg- caused this bond to be signed by ular United States Mail, and ad- its Mayor and countersigned by its dressed to the last known address City Clerk and the Seal of said of the Purchaser. City to be thereto affixed, this 3rd Passed, adopted and approved day of May, 1967. this 3rd day of April 1967. (SEAL) Richard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler Councilmen Attest: Leo F. Frommelt City Clerk Councilman pfohl moved adop- tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas _ Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. Nays-None. Proof of Publication, certified to by the Publisher, of notice of pub- lic hearing to consider proposal to authorize the issuance of water main extension bonds to pay for cost of constructing City of Du- buque 1966 Kelly Lane Water Main Project No.1, presented and read. No written objections were filed and no oral objectors were present in the Council Chamber at the time set for the public hearing. Councilman Pfohl moved that the proof of publication be received and filed. Seconded by Councilman 162 (Form of On the .......... day of ...................., the City of Dubuque, Iowa, prom- ises to pay to the bearer, as pro- vided in said bond, the sum of .......... Dollars, in the office of the City Treasurer in the City of Du- buque, being ........ months' interest due that date on its .............. Bond No. .......... dated ......................M~yor .......................................................... City Clerk 6. That the Mayor and City Clerk be and they are hereby instructed to cause said bonds to be prepared and when so prepared to execute said bonds and that the City Clerk be and he is hereby instructed to .......................................... City Clerk Regular Coupon) ........... Mayor 165 danger or emergency at such time as in his jUdgment the flood wa- ters of the Mississippi River war- rant such a declaration. Section 2. That the Mayor of the City of Dubuque, Iowa be and he is hereby authorized and empow- ered to govern the City of Dubuque by Proclamation dUring such state of public danger or emergency UD- til SUch time as in the Mayor's jUdgment such public danger or emergency no longer exists. Passed, adopted and approved this 3rd day of April, 1967. Richard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler Councilmen 3, 1967 Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Schultz. Carried by the follOWing vote: Yeas - Mayor cUrnen McCaUley, Schultz. NaYS-None. III ~",.;l~ 'I, RESOLUTION NO. 73-67 Resolution Accepting Delivery of Conveyance. NOW THEREFORE Be It Be- solved by the City Council of City of Dubuque, Iowa: Section 1. That delivery of Con- veyance by Andrew J. Richard and Marie E. Richard of the following described real estate: Lot 1 in Glenwood Subdivision in the City of Dubuque, Iowa, according to the recorded plat thereof, SUbject to easements of record. to City of Dubuque, Iowa, be and the same is hereby approved and delivery of conveyance thereof is herewith accepted. Section 2. That the City Clerk be and he is hereby authorized and directed to record said War- ranty Deed dated March 7, 1967, executed by Andrew J. Richard and Marie E. Richard, husband and wife conveying the above de- scribed property to City of Du- buque, Iowa. in the office of the Dubuque County Recorder. Mayor LUdwig moved final adop- tion of the resolution. Seconded by Councilman Pregler. Carried by the fOllowing vote: Yeas - Mayor Ludwig, men McCauley, Pfohl, Schultz. NaYs-None. April 3, 1967 The Honorable Mayor and City Council Gentlemen: Today Colonel Coffman and his staff came to Dubuque and con- ferred with the City Staff about the current emergency flood situa- tion. The best information we now have is that the Mississippi River will reach the 17 foot stage by April 6th and crest at 22.5 feet about April 11th. It seems certain that the City will have to be protected from flood. I have initiated emergency flood measures as of 2:32 P.M. this day. Our activity is and will he ac- cording to the attached plan. I request that you approve my expenditure for the emergency flood operations with the Wlder- standing that later in the year I will request an appropriation to the current bUdget. Bespectfully requested, Gilbert D. Chavenelle City Manager Councilman McCauley moved that the recommendation of the City Manager be approved. Sec- onded by Councilman Pfohl. Car- ried by the following vote: Yeas - Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. Nays--None. RESOLUTION NO. 72-67 WHEREAS, it is anticipated that the Mississippi River will inundate certain areas of the City of Du- buque by reason of flood waters of said Riverj thereby threatening the health, safety and welfare of the inhabitants of the City of Du- buque, Iowa NOW THEREFORE Be It Re- solved by the City Council of the City of Dubuque, Iowa: Section 1. That the Mayor of the City of Dubuque, Iowa be and he is hereby authorized and empow- ered to declare a state of public ~ of election to call shall be given by regu- States Mail. addressed known address of the Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler Councilmen Attest: Leo F. Frommelt, City Clerk Ludwig, Coun- Pfohl, Pregler, Regular Session, April 3, 1967 (Form of Coupon, On the ........ day of ..." the City of DUbuque, Iowa, prom- ises to pay to the bearer, as pro- vided in said bond, the sum of ....................Dollars. in the office of the City Treasurer in the City of Dubuque, being ............ months' in- terest due that date on its. Bond No. . dated City Clerk 6. That the Mayor and City Clerk be and they are hereby instructed to cause said bonds to be prepared and when so prepared to execute said bonds and that the City Clerk be and he is hereby instructed to register said bonds in a book kept for that purpose and to then de- liver them to the City Treasurer. 7. That the City Treasurer is hereby instructed to sell said bonds in the manner provided by law, the proceeds of said sale to be placed in a special fund to be known as Special Assessment Fund No. 1262 and paid out hy him to pay the cost of said contract. 8. That the interest coupons at- tached to the honds be signed with the facsimile signature of the May- or and countersigned with the fac- simile signature of the City Clerk. 9. That as fast as funds allow. beginning with the second year after the payment of interest due June 1, 1967 these bonds shall be called and retired in the same order as numbered. Richard It is hereby certified and recited that all the acts, conditions and things required to be done, prece- dent to and in issuing this series of bonds, have been done, happen- ed, and performed, in regular and due form,as required by law and said Resolution, and for the as- sessment, collection and payment hereon of said special tax, the full faith and diligence of said City of Dubuque are hereby irrevocably pledged. IN TESTIMONY WHEREOF the City of Dubuque by its Council has caused this bond to be signed by its Mayor and countersigned by its City Clerk and the Seal of said City to be thereto affixed, this 8th day of February, 1967. (SEAL) City Clerk Regular Session, April Council- Pregler, Mayor Mayor 164 of the interest coupons hereto at- tached. Both principal and inter- est of this bond are payable at the office of the City Treasurer in the City of Dubuque, in the State of Iowa. This bond is issued by the City of Dubuque under and by virtue of Chapter 396 of the 1966 Code of Iowa, as amended, and the Resolution of said City duly passed on the 3rd day of April 1966, being Resolution No. 59--67. This Bond is one of a series of 41 bonds, 40 for $500.00 numbered from 759 thru 798, and one for $481.59 numbered 799, all of like tenor and date, and issued for the purpose of CITY OF DUBUQUE, 1966, KELLY LANE WATER MAIN PROJECT NO. 1 consisting of a cast Iron Water Main in Kelly Lane from the East property line of Fremont Avenue to the North- west property line of Lot 1 of Lot 1 of Lot 1 of Mineral Lot 511 as described in said Resolution, in said City, which cost is payable by the abutting and adjacent prop- erty along said improvements and is made by law a lien on all of said property. It is payable only out of the Special Assessment Fund No. 1262 created by the collection of said special tax, and said fund can be used for no other purpose. 167 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 General Assembly, 1963. 3, 1967 Regular Session, April NOW THEREFORE, BE IT RE- SOLVED by the City Couucil of the City of Dubuque, Iowa, that the Manager be and he is hereby directed to issue to the fOllowing named applicants a Beer Permit. CLASS "B" BEER PERMIT Donald M. Love, 250 West 6th Street CLASS "C" COMMERCIAL ESTABLISHMENT Fraternal Order of Eagles Aerie 568, 6th & Locust Street Richard Alderson, 2401 Windsor Avenue (Effective May 1, 1967) Helen Dougherty, 1643 Central Av- enlle Passed, adopted and approved this 3rd day of April, 1967. Richard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler Councilmen Attest: Leo F. Frommelt City Clerk . Councilman Pfohl 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. 78.67 WHEREAS, applicatious for Liquor Permits were filed by the within named applicants and they have received the approval of this Council, and WHEREAS, the premises to be occupied by Such applicants were inspected and found to comply with the State Law and all City ordinances relevant thereto and they have filed proper bonds; NOW THEREFORE BE IT RE- SOLVED by the City Council of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the fOllOwing named applicants a Liquor Permit. Council Pregler 500 Main 4th Richard Alderson, 2401 Windsor Avenue (Effective May 1, 1967) Donald E. Cue, 119 West 6th Street Helen Dougherty, 1643 Central Av- enue CLASS "c" BEER PERMIT Donald D. Schroeder, 2890 Central Avenue William J. B. White, 1993 Asbury Street Earl E. Schumacher, 2204 Ceutral Avenue Mrs. Catherine E. McEvoy, 775 East 16th Street Earl J. McNamara, 1046-1050 Uni- versity Avenue BE IT FURTHER RESOLVED that the bonds filed by such appli- cants be and the same are hereby approved. Passed, adopted and approved this 3rd day of April, 1967. Richard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler Councilmen East Ethel Madeline Schwartz, Rhomberg Avenue Mrs. Josephine Burke, 531 Street Inc. Dubuque Basebal Street Ex!. Attest: Leo F. Frommelt City Clerk Councilman Schultz moved adop- tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor LUdwig, men McCauley, Pfohl Schultz. NaYs-None. Council- Pregler, _Jiil'''' CLASS "c" COMMERCIAL ESTABLISHMENT Fraternal Order of Eagles Aerie 568, 6th & Locust Street Richard Alderson, 2401 Windsor Avenue (Effective May 1, 1967) RESOLUTION NO. 77-67 WHEREAS, applications for Liquor Permits have been submit- ted to this Council for approval and the same have been examined, BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the following applica- tions be granted and licenses be issued upon the compliance with the terms of the ordinances of the City. CLASS "B" BEER PERMIT Douald M. Love, 250 West 6th Street Ethel Madeline Schwartz, 500 Rhomberg Avenue Mrs. Josephine Burke, 531 Main Street Dubuque Baseball, Inc., East 4th Street Ex!. Richard Alderson, 2401 Windsor Aveuue (Effective May 1, 1967) Donald E. Cue, 119 West 6th Street Heleu Dougherty, 1643 Central Av- enue CLASS Donald D. Avenue William J. B. White, Street Earl E. Schumacher, Avenue Mrs. Catherine E. East 16th Street Earl J. McNamara, 1046-1050 Un!. versity Avenue Passed, adopted and approved this 3rd day of April, 1967. Richard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler Councilmen Attest: Leo F. Frommelt, City Clerk Mayor Ludwig moved adoption of the resolution. Seconded by Councilman Pfohl. Carried by the following vote: Yeas - Mayor men McCauley, Schultz. Nays-None. RESOLUTION NO. 76-67 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 with the ordinances of this City aud they have filed proper bonds: 3, 1967 Regular Session, April Passed, adopted and approved this 3rd day of April, 1967. Richard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler Councilmen 166 "C" BEER PERMIT Schroeder, 2890 Central Asbury 775 Council- Pregler, LUdwig, Pfohl, Attest: Leo F. Frommelt, City Clerk Councilman Schultz moved adop- tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Ludwig, men McCauley, Pfohl, Schultz. Nays-None Council- Pregler, RESOLUTION NO_ 75.67 WHEREAS, applications for Beer Permits have been submitted to this Council for approval and the same have been examined: NOW THEREFORE, MiI/IIf. 2204 Central McEvoy, 1993 Attest: Leo F. Frommelt City Clerk Mayor Ludwig moved adoption of the resolution. Seconded by Councilman Schultz. Carried by the following vote: Yeas - Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. Nays-None. RESOLUTION NO. 74-67 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 Ciga- rettes within the City of Dubuque, Iowa, be granted a permit to sell Cigarettes and Cigarette Papers within said City. Helen Dougherty, 1643 Central Avenue Donald E. Cue, 119 West 6th Street BE IT FURTHER RESOLVED that the bonds filed with the ap- plication be approved. Passed, adopted and approved this 3rd day of April, 1967. Richard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler Councilmen =.~,~~ 169 Regular Session, April 3, 1967 Approved ..........1967. Adopted ..........1967. ...... ............. ...... ,............. ....... ............. ....... ............. ......., Councilmen Attest: City Clerk R. F. Sefzik stated that due to the conversation earlier in the meeting relative to proper notice upon expiration of a plumbing li- cense, the intent being that a no- tice of thirty days be given prior to expiration of a restricted plumb. er's license, that the same idea be inaugurated as to 30 days notice prior to expiration of a given li- cense, by the Heating, Ventilating & Refrigeration Board. There being no further business Councilman McCauley moved to adjourn. Seconded by Councilman Pregler. Carried by the follOwing vote: Yeas - Mayor Ludwig, Coun- cilmen McCauley, Pfohl, Pregler, Schultz. Nays-None. Leo F. Frommelt City Clerk 1967 tions 4d and 4e of Section 4, Or. dinance No. 7-65 of the City of Dubuque; to take up and impound any licensed or unlicensed dog in accordance with the provisions of Section 2 or Ordinance No. 7-65 of the City of Duhuque. 2. AND PROVIDED FURTHER: That the Society shall have the right to dispose of animals in its custody and care in one of three ways, to-wit: by return to a right- ful owner, by placement in a suit. able home, or by humane eutha- nasia, and further that the Society shall not dispose of animals by any other means than the three methods described. 3. The Shelter shall be available for dog or animal calls daily and shall have their dog warden pick up dogs or aniamls from 8:00 A.M. to 5:00 P.M. daily. The dog warden shall answer any emergency calls up to 8:00 P.M. A dog shall be licensed and vac- cinated for rabies before the dog is released to owner from the Hu- mane Shelter. 4. In consideration of the per. formance of the foregoing services by Society the City agrees to pay Society the sum of Seven Hundred Dollars ($700) per month, on the 1st day of each month, commenc- ing with March 1, 1967. 5. This Agreement shall become effective on the 1st day of March, 1967, and shall continue thereafter until terminated by notice in writ. ing, by either of the parties, except that Society shall not have the right to terminate this Agreement prior to December 31, 1968. DUBUQUE HUMANE SOCIETY By Bess G. Bissell Executive Director Mrs. Frank L. Wagner Vice President CITY OF DUBUQUE, IOWA By Gilbert D. Chavenelle Its City Manager Councilman Pfohl moved that the terms of the agreement be rati. fied and approved and the City Manager be authorized to sign on behalf of the City. Seconded by Councilman Schultz. Carried by the following vote: Yeas - Mayor Ludwig, Coun- cilmen McCauley, pfohl, Pregler, Schultz. Nays-None. 3, Regular Session, April Attest: Leo F. Frommelt, City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Schultz. Carried by the fOllowing vote: Yeas - Mayor men McCauley, Schultz. Nays-None. AGREEMENT THIS AGREEMENT entered in- to between City of Dubuque, Iowa, a municipal corporation, hereinaf- ter referred to as "City," and DU- BUQUE HUMANE SOCIETY, a charitable corporation, with its principle place of business in the City of Dubuque, hereinafter re- ferred to as the "Society," WIT. NESSETH: WHEREAS, City has no suitable pound for dogs or other animals which may be taken up or re- ceived pursuant to law or ordi- nance and desires to enter into a contract with the Society for the taking up and protection of dogs; for the maintenance of a shelter or pound for unlicensed and un- tagged dogs, and for lost, strayed, or homeless dogs, and for the de- struction or other disposition of diseased dogs not redeemed as provided by law, or the ordinance of the City of Dubuque; and WHEREAS, the Society is an in- corporated society for the preven- tion of cruelty to animals and is willing to accept the duties herein before outlined in return for the consideration hereinafter set forth; NOW THEREFORE, IT IS AGREED between the parties here- to as follows: 1. The Society agrees to main- tain a shelter or pound for unli- censed or untagged dogs, and for lost. strayed, or homeless dogs; to dispose of any licensed or unli- censed dog in accordance with Sec- 168 Helen Dougherty, 1643 Central Av- enue Passed, adopted and approved this 3rd day of April, 1967. Richard Ludwig Mayor M. Sylvester McCauley Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler Councilmen Council Pregler Ludwie:. Pfohl, .~.",,,, Respectfully, Gilbert D. Chaveuelle City Manage; Mayor LUdwig moved that the report be received and filed. Sec- onded by Councilman Pregler. Car- The area has been inspected by ried by the following vote: the Electrical Inspector. Yeas - Mayor Ludwig, Council It is r:ecommended t~at two 4000 men Pfohl, Pregler, Schultz. lumen Incandescent hghts be in- stalled. One light will be located west of number 998 and the other between numbers 750 and 76() Kirkwood Street. Respectfully submitted Gilbert D. Chavenelle' City Manage~ Councilman Schultz moved that the recommendation of the Manag- er be approved. Seconded by May- Or Ludwig. Carried by the follow- ing vote: 171 Mayor Ludwig moved that the understanding as submitted by the Manager be approved. Seconded by Councilman Pregler. Carried by the fOllowing vote: Yeas - Mayor Ludwig, Counci men Pfohl, Pregler, Schultz. NaYs-None. Absent-Councilman McCauley. 1967 you a petition on Kirkwood 17, April Mayor 17, 1967 To the Honorable and City Council Gentlemen: returning to street light I am for a Street. Session, April Yeas - Mayor Ludwig, Counc men Pfohl, Pregler, Schultz. Nays-None. Absent-Councilman McCauley. April 12, 1967 To the Honorable Mayor and City Council Gentlemen: I herewith report of the ment for the 1967. submit the monthly City Health Depart- month of February Special McCauley. 1967 Nays - None. Absent-Councilman April Mayor 7, McCauley. 1967 Yeas - Mayor Ludwig, Counci men Pfohl, Pregler, Schultz. Nays-None. Absent-Councilman April 17, To the Honorable Mayor and City Council Gentlemen: I am returning to you a petition for street lights on the 2300 block of Eagle Street. The Electrical Inspector has re- viewed the location. It is recommended that two 4000 lumen incandescent lights be installed between 2300 and 2310, and betweeu 2332 and 2352 Eagle Street. Session, April 17, 1967. met at 7:30 P.M. (C.S.T.) Present-Mayor Ludwig, Coun~ cilmen Pfohl, Pregler, Schultz. City Manager Gilbert D. Chaven- elle. Absent-Councilman McCauley. Mayor Ludwig read the call and stated that service thereof had been duly made and this meeting is called to conduct a public hear- ing on the sale of city-owned prop- erties located in Sears-Roebuck & Co. Subdivision and Riverfront Subdivision No. 3 to Frommelt Building Corporation and acting upon such other business as may properly come before a regular meeting of the City Counci To the Honorable and City Council Gentlemen: I am returning the attached peti- tion for a street light on Kelly Lane. The area has been investigated and it is recommended that a 4000 lumen incandescent light be in- stalled on a pole at 1350 Kelly Lane. Gilbert Jl; Respectfully submitted, Gilbert D. Chavenelle, City Manager Councilman Schultz moved that the recommendation of the Manag- er be approved. Seconded by May- or Ludwig. Carried by the follow- ing vote: Yeas - Mayor Ludwig, Counci men Pfohl, Pregler, Schultz. Nays~None. Absent~Councilman McCauley. To the Honorable and City Council Gentlemen: RespectfUlly, D. Chavenelle, City Manager Councilman Pfohl moved that the recommendation be approved. Seconded by Councilman Schultz. Carried by the following vote: Yeas - Mayor Ludwig, Council men Pfohl, Pregler, Schultz. Nays-None. Absent-Councilman McCauley. 1967 6, Apri Mayor 1967 Section 1. That in my judgment there no longer exists a publiC danger or emergency in the City of Dubuque, Iowa by reason of the flood waters of the Mississippi River threatening the health, safe- ty and welfare of the inhabitants of the City of Dubuque, Iowa. Section 2. That effective at 7:30 o'clock P.M. on the 17th day of April 1967, Central Standard Time, that the government of the City of Dubuque, Iowa, by PROCLAMA- TION of the Mayor be and the same is hereby terminated. IN WITNESS WHEREOF I have hereunto affixed by signature and caused the seal of the City of Du. buque to be affixed thereto on this 17th day of April, 1967. Richard Ludwig, Mayor of City of Dubuque, Iowa Attest: Leo F. Frommelt, City Clerk Councilman pregler moved that the proclamation be made a matter of record. Seconded by Councilman Schultz. Carried by the following vote: Yeas - Mayor Ludwig, Council- men Pfohl, Pregler, Schultz. Nays-None. Absent-Councilman McCauley. Communication of Merchants Mutual Bonding Company submit- ting their Certificate of Authority issued by the Insurance Depart- ment of Iowa authorizing the Bonding Company to transact bus- iness in the State of Iowa during 1967, presented and read. Council- man Pfohl moved that the certifi- cate be received and filed. Sec. onded by Councilman Schultz. Carried by the following vote: Yeas - Mayor Ludwig, Coun- cilmen Pfohl, Pregler, Schultz. Nays-None. Absent-Councilman McCauley. 12, 1967 I am enclosing a letter of un- derstanding bet wee n Operating Engineers Local 758, the Water Department and the City Manag- er's Office. The provisions of the under- standing are retroactive to January 1, 1967. Respectfully submitted, Gilbert D. Chavenelle, City Manager 17, Session, April CITY COUNCIL OFFICIAL Special Council PROCLAMATION Of Richard Ludwig Mayor of the City of Dubuque, Iowa WHEREAS, effective the 7th day of April 1967, at 6:00 o'clock P.M., Richard Ludwig, Mayor of the City of Dubuque, Iowa, issued a PROCLAMATION proclaiming that the City of Dubuque shall bc gov- erned by "PROCLAMATION" of the Mayor during the state of pub- lic danger or emergency resulting from flood waters of the Missis- sippi River threatening the health, safety and welfare of the inhabit. ants of the City of Dubuque, Iowa, and further proclaiming such gov- ernment by PROCLAMATION of the Mayor continue until such time as in the judgment of the Mayor such public danger or emergency no longer exists; and April To the Honorable Mayor and City Council Gentlemen: I herewith submit the monthly report of the City Treasure's office for the mouth of March 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: WHEREAS, in my judgment as Mayor of the City of Dubuque, Iowa, a state of public danger or emergency no longer exists. NOW THEREFORE BY VIRTUE OF THE POWERS VESTED IN THE MAYOR BY THE LAWS OF THE STATE OF IOWA, I, RICH- ARD LUDWIG, MAYOR OF THE CITY OF DUBUQUE, IOWA DO HEREBY DECLARE AND PRO- CLAIM AS FOLLOWS: Special 170 173 attached here. Yours very truly, R. N. Russo, City Attorney Mayor Ludwig moved that the recommendation of the City Attor- ney be approved. Seconded by Councilman Schultz. Carried by the following vote: Y Cas - Mayor Ludwig, Council- men Pfohl, Pregler, Schultz. Nays--None. Absent-Councilman McCauley. April 6, 1967 Honorable Mayor and City Council Gentlemen: On February 27, 1967, Mrs. Cath- erine Davis of 2854 White Street, Dubuque, Iowa, filed claim against the City of Dubuque, Iowa, for damages allegedly suffered on February 22, 1967, as the result of a back up of sewer. This matter was referred to the appropriate City Agency who made an investigation thereof and re- ported by letter to this office of no liability and in view of the fore. gOing it is the recommendation of the City Attorney that the claim of Mrs. Catherine Davis be denied. Original claim is attached here- to. is 17, 1967 claim Original to. Session, April Councilman Pregler moved that the recommendation of the Man- ager be approved. Seconded by Councilman Schultz. Carried by the follOWing vote: Yeas - Mayor Ludwig, Council men Pfohl, Pregler, Schultz. NaYs-None. Absent-Councilman McCaUley. April 5, 1967 Honorable Mayor and City Council Gentlemen: On February 27, 1967, Mrs. Lu- ella Sear of 502 Wilson Avenue, Dubuque, Iowa. filed claim against the City of Dubuque, Iowa, for damages allegedly suffered on January 9, 1967, as the result of a back up sewer. This matter was referred to the appropriate City Agency who made an investigation thereof and re- ported by letter to this office of no liability and in view of the foregoing it is the recommendation of the City Attorney that the claim of Mrs. Luella Sear be denied. Original claim is attached here- to. Yours very trUly. R. N. Russo, Oity Attovney Mayor LUdwig moved that the recommendation of the City Attor- ney be approved. Seconded by Councilman Schultz. Carried by the fOllOwing vote: Yeas - Mayor Ludwig. Counci men Pfohl, Pregler, Schultz. NaYs-None. Absent-councilman McCauley. On March 3, 1967. Mrs. Vernon Blaser of 1203 Lincoln Avenue, DUbuque, Iowa, filed claim against the City of Dubuque, Iowa, for damages allegedly suffered on or about three weeks prior to March 3, 1967, as the result of a back up of sewer. This matter was referred to the appropriate City Agency who made an investigation thereof and re- ported by letter to this office of no liability and in view of the foregOing it is the recommendation of the City Attorney that the claim of Mrs. Vernon Blaser be denied. Special Special Session, April 17, 1967 Nays-None. Absent - Councilman McCauley. April 17, 1967 Mayor To the Honorable and City Council Gentlemen Yours very truly. R. N. Russo, City Attorney Mayor Ludwig moved that the recommendation of the City Attor- ney be approved. Seconded by Councilmau Schultz. Carried by the fOllowing vote: Yeas - Mayor Ludwig. Council. men Pfohl, Pregler, Schultz. NaYs-None. Absent-Councilman McCauley. April 7, 1967 Honorable Mayor and City Council Gentlemen: On October 12, 1966, Helen M. Scherrer of 1185 South Grandview Avenue, Dubuque, Iowa. filed claim against the City of Dubuque for injuries allegedly suffered on September 24, 1966, as the result of falling on the driveway adjacent and north of Trenkles in the public parking lot claiming a defective condition thereat. I have made an investigation of this matter and have reviewed the medical expenses of the claimant To the Honorable and City Council Gentlemen: I am returning to you the peti- tion of the Dubuque Packing Com- pany requesting that Maple and 17th Streets be included in the 1967 paving program. At the time the petition was re- ceived the 1967 program had been formulated and is being presented to you this evening. The program represents construction which will use all of our available funds for 1967. I, therefore, ~commend that the request of the petitioner be considered for the 1968 program. Respectfully, Gilbert D. Chavenelle, City Manager Mayor Ludwig moved that the recommendation of the Manager be approved. Seconded by Council- man Schultz. Carried by the follow- ing vote: Yeas - Mayor Ludwig, Council men Pfohl, Pregler, Schultz. Nays-None. Absent-Councilman McCauley. 1967 April 17, Mayor 1967 April 5, Honorable Mayor and City Council Gentlemen I am returning to you the peti- tion of Charles Davis and Don La- tham requesting the vacation of a portion of the street at 490 Valeria Street. The City Engineering Depart- ment has surveyed the location and find that the house is on the street for an area bounded by a rectangular 2'6" by 13'8Y4" x 1'8". The City Engineer suggests that when Valeria Street is constructed the travel way could be shifted so as to avoid the projecting building. I, therefore, recommend that the rectangle described above be va- cated and that the petitioners have the area surveyed and submit a plat to the City Solicitor, and that the City Solicitor prepare the prop- er proceeding for the vacation and the sale of the plot to the petition- er. Respectfully, Gilbert D. Chavenelle City Manager To the Honorable and City Council Gentlemen: I am returning to you the peti- tion concerning the request of Mr. Al Kremenak to vacate the alley between O'Neill and Edith Streets, north for one block from Bruns- wick Street. I have attached the report from the Planning and Zoning Commis- sion on this request recommend- ing a denial. I have investigated this petition and join with the Planning Com- mission in recommending denial of the petition. Respectfully, Gilbert D. Chavenelle, City Manager Councilman Pregler moved that the recommendation of the Plan- ning & Zoning Commission and of the City Manager be approved. Seconded by Councilman Schultz. Carried by the following vote: Yeas - Mayor Ludwig, Council- men PloW, Pregler, Schultz. Nays-None. Absent-Councilman McCauley. April 17, 1967 To the Honorable Mayor and City Council Gentlemen: You have referred to the City Manager the petition of Ralph Cre- mer Jr.. and others, regarding parking along Rhomberg Avenue. The petition was received at your meeting of March 29th. At that meeting I said that a report would be ready for your consideration at the next Council meeting. I regret that I am not prepared to report, but I will do so just as soon as possible. I request this postponement because all of our work during the past two weeks has been taken up with emergency flood protection. I telephoned Mr. Cremer and advised him that a delay was being requested. Respectfully, Gilbert D. Chavenelle, City Manager Mayor Ludwig moved that the communication be received and filed. Seconded by Councilman Schullz. Carried by the followiug vote: Yeas - Mayor Ludwig, Council men Pfohl, Pregler, Schultz. 11, 1967 April Mayor 172 _..--'-'---- -,Y 175 Absent-Councilman McCauley. Notice of claim of Caroline T. Menke, of 1375 Iowa Street, in an unspecified amount, for personal injuries received in a fall due to accumulation of ice and snow, at 14th & Main Street, on February 18, 1967, presented and read. Coun- cilman Pfohl moved that the no- tice 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 Pfohl, Pregler, Schultz. Nays-None. Absent-Councilman April 17, 1967 Honorable Mayor and Council Members Gentlemen: The City Planning and Zoning Commission has been advised by the City Solicitor that a question has been raised regarding a tech. nicality in the adoption of the ordinance plaCing zoning classifica- tion on the land annexed by ref. erendum on December 15, 1964. The City Solicitor further advised that to eliminate this question and ordinance reestablishing zoning of the property in question should be adopted. Originally all of the land within the annexed area was classified Single Family Residence however, since that time various properties have been reclassified to Local Business "A", Local Business "B" and Light Industrial. At its meet, ing on April 13, the City Planning and Zoning Commission held a public hearing on a proposal to classify as Single Family Residence that portion of the annexed area that has not been rezoned since the annexation and to classify that land which has been rezoned ac- cording to the classification which it was intended to be rezoned to. At the public hearing agents for the owner of property located on the west side of John F. Kennedy Road and north of the Montgomery Ward Garden Center registered an objection to the ordinance because it reestablished the Single Family Residence classification on that property. It is the opinion of the Commis. sion that the proposal as published McCauley. 1967 17, April Special SessiOI Avenue, on May 22, 1965, present- ed and read. Councilman Pfohl moved that the notice of suit be referred to the City Solicitor for investigation and report. Seconded by Councilman Schultz. Carried by the following vote: Yeas - Mayor Ludwig, Counci men Pfohl, Pregler, Schultz. Nays--None. Absent-Councilman Notice of claim of Howard J. Kenneally of 135 State Street, in the amount of $12.00 for labor in- volved in the Cleaning up of gravel that washed or bladed on to his lawn from York Street during January 1967, presented and read. Councilman Pfohl 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 Pfohl, Pregler, Schultz. Nays-None. Absent-Councilman McCauley. Notice of claim of Michael J. MCGovern of 158 Bluff Street, in an unspecified amount, for per. sonal injuries received in a fall due to accumulation of ice and snow on the south side of 13th Street between Main and the alley west of Main, on March 22, 1967, presented and read. Councilman Pfohl moved that the notice of claim be referred to the City Solicitor for investigation and re- port. See 0 n d e d by Councilman Schultz. Carried by the fOllowing vote: Yeas-Mayor Ludwig, Counci men Pfohl, Pregler, Schultz. Nays-None. Absent-Councilman McCauley. McCa uley. Notice of claim of Elroy L. Bender of 685 Jefferson St., in the amount of $15.25, for car damage received as the result of a tree limb striking his car during a high wind, at 1211 University Ave., on April 14, 1967, presented and read. Councilman Pfohl moved that the notice of claim be referred to the City Solicitor for investiga. tion and report. Seconded by Coun- cilman Schultz. Carried by the fallowing vote: Yeas~Mayor Ludwig, Counc men Piohl, Pregler, Schultz. Nays-None. 17, 1967 itor be instructed to draw a war- rant payable to Raymond J. Gross and Virginia Gross and their at- torney in the amount of $600.00 and transit same to the City Attor- ney for delivery upon receipt of duly executed release and dismis- sal of the above entitled cause with prejudice at no cost assessed to the City. Original notice with petition at- tached and respective claims of the said Raymond Gross are herewith returned. Respectfully submitted, R. N. Russo, City Attorney Councilman Pfohl moved that the recommendation of the City Attorney be approved. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Ludwig, Council- men Pfohl, Pregler, Schultz. Nays-None. Absent~CounciIman McCauley. Notice of claim of Mrs. Cather- ine M. Poire, in the amount of $45,000 for personal injuries re- ceived as the result of a fall, be- tween the sidewalk and curb at 483-485 Locust Street, on March 7, 1967, presented and read. Council- man Pfohl moved that the notice of claim be referred to the City Solicitor for investigation and re- port. Seconded by Councilman Schultz. Carried by the followiug vote: Yeas - Mayor Ludwig, Council- men Pfohl, Pregler, Schultz. Nays-None. Absent-Councilman McCauley. Notice of Suit of Harnet M. Kortmeyer, in the amount of $7,000. for personal injuries re- ceived in a fall due to accumula- tion of ice and snow at 691 W. 3rd Street on January 14, 1967,pre. sented and read. Councilman Pfohl moved that the notice of suit be re- ferred to the City Solicitor for in- vestigation and report. Seconded by Councilman Schultz. Carried by the following vote: Yeas - Mayor Ludwig, Council- meu Pfohl, Pregler, Schultz. Nays-None. Absent-Councilman McCauley. Notice of Suit of Margaret Rooney, in the amount of $2500. for personal injuries received in a fall due to a defective sidewalk at Karigan's Restaurant on Central Session, April April 14, Honorable Mayor and City Council Gentlemen: On February 14, 1966, original notice with petition attached was served on the City of Dubuque giving notice of an action filed in the District Court of Dubuque County, Iowa, by Raymond Gross and Virginia Gross against the City of Dubuque, Iowa, claiming dam- ages in the amount of $5,000.00 as the result of damages allegedly suffered by the plaintiffs caused by the backup of sewer allegedly occurring on or about August 26, 1965, and thereafter, and that I have made an investigation of this matter and entered the appropri- ate pleadings for and on behalf of the City of Dubuque, Iowa, and have asserted cross claim against other parties in connection with this matter. This case was noted for trial to commence on April 17, 1967, be- fore a jury and in the course of negotiations, plaintiffs made an of- fer of settlement in the amount of $600.00 as contribution toward the settlement of said cause by all the parties in interest. It is the recommendation of the City Attorney that said offer of settlement in the amount of $600.- 00 be accepted aud tbe City Aud. 174 and the claimant offer of settlement of $331.43. It is the recommendation of the City Attorney that the offer of settlement by the claimant in the amount of $331.43 be accepted and the City Auditor be instructed to draw a warrant payable to Helen M. Scherrer and to transit the same to the City Attorney for delivery to claimant upon receipt of a duly executed release. Original claim to. 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, Council. men Pfohl, Pregler, Schultz. Nays-None. Absent-Councilman McCauley. 1967 has made an in the amount attached here- Special is 177 (b) To pay on behalf of the City of Dubuque all sums which the City ~~ ~~~u'b~e ~:aa~~n b~10~e o~~g~f~ l~P~s~a~~n Or~n~if~'ncg ~e~~Yt~~~ from the existence, constructIon or maintenance of said retaining wall, ~~~~r"c~s~ b~n~cftJ:~r o~r ot~:~: wise to defend at its own expense and on behalf of said City any claim against the City of Dubuque arisin9 out of the existence, con- strucfron or maintenance of 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 abuHing ~ff:,.er:~cei~~aIJf ':Jtrh~n f~lrce (fl..Jm d~~~ City Manager, so to do ,at their own eXj:lense, remove said retaining wall, and ll:e t~1ty e~1nhJ>6uci~:ir shf:r'IIUb: ~~thtgri~ to remove said retaining wall, at j:IElr- mittees expense and dispose of the same, :~gln~e t~:r~m.e~r W:Jia:e~~~ rgr ~:~ ages resulting from the removal of said retaining Wall. section 5. This Ordinance shall become effective and the rights hereunder ao. crue to St. Joseph's Church when this Ordinance has been adopted by the City Council and the terms and conditions thereof accepted by permittees by ao. ceptance endorsed on this Ordinance. Passed, adopted and aj:lj:lroved this 17th day of April, ~i~ha~~67 LUdWig Mayor Walter A. Pregler Merlin F. Schultz Eldon A. Pfohl Councllmen 17, 1967 Session, April his favorable recommendation, I am enclosing for your considera- tion an ordinance authorizing the construction of the wall. Respectfully submitted, Gilbert D. Chavenelle City Manager Councilman Pregler moved that the communication be received and filed. Seconded by Councilman Schultz. Carried by the following vote: Yeas-Mayor Ludwig, Council men Pfohl, Pregler, Schultz. Nays-None. Absent-Councilman Leo F. Frommelt City Clerk ACCEPTANCE OF ORDINANCE NO. 19-67 The undersigned having read and being familiar with the terms and conditions of Ordinance No. 19-67 hereby, for them- selves, their successors or assigns, as f~n~~smr a~de a~~~~ir:g tf:o~~:rd ~icf~: conditions and agreements therein con- tained to be performed by permittees. Dated April 25, 1967. St. Joseph's Church By M. J. Martin VIce-President Published officially In The Telegraph- Herald Newsj:laper this 28th day of April 1967. Attes It 4-28 Councilman Pregler moved adop- tion of the Ordinance. Seconded by Mayor Ludwig. Carried by the following vote: Yeas-Mayor Ludwig, Council. men pfohl, Pregler, Schultz. Nays-None. Absent-Councilman McCauley. Petition of Knights of Columbus Council No. 510, requesting per- mission to hold a parade on May 21, 1967, in conjunction with fes- tivities for the State convention, presented and read. Councilman Pfohl moved that the petition he granted subject to approval of the Mayor and City Manager. Second- ed by Mayor Ludwig. Carried by the following vote: Yeas-Mayor Ludwig, Council- men Pfohl, Pregler, Schultz. Nays-None. Absent-Councilman leo F. Frommel City Clerk. ORDINANCE NO. 19~7 An ordinance authorizing St. Josephls Church to construct a reta,ining wall on Stetmore and St. Joseph Street. presented and read. Councilman Pregler moved that the reading just had be considered the first reading of the Ordinance. Seconded by Mayor Ludwig. Car- ried by the following vote: Yeas-Mayor Ludwig, Council- men Pfohl, Pregler, Schultz. Nays-None. Absent-Councilman McCauley. Councilman Pregler moved that the rule requiring an Ordinance to be read on three separate days be waived. Seconded by Mayor Ludwig. Carried hy the following vote: Yeas-Mayor Ludwig, Council men Pfohl, Pregler, Schultz. Nays-None. Absent-Councilman McCauley. McCauley. Special 17, 1967 Absent-Councilman McCauley. Mayor Ludwig 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, Council- meu Pfohl, Pregler, Schultz. Nays--None. Absent-Councilman McCauley. Dr. John Link of 2439 Wilhricht Lane addressed the Council by stating that if the proposed zon- ing ordinance on the newly an- nexed area is passed as proposed in his opinion it would be uncon- stitutionaL April 17, 1967 Honorable Mayor and Council Members Gentlemen: At their meeting on April 6 the City Planning and Zoning Com- mission held a public hearing on the rezoning of Lot 5 of Lange's Subdivision from Single Family Residence to Multiple Residence. At the public hearing there was no-one present to speak against the rezoning and no written ob- jections were on file. The area in question ahuts an existing multiple residence district and is an extension of that district. It is the recommendation of the Commission that Lot 5, Lange's Subdivision be rezoned from Single Family Residence to Multiple Resi- dence. ORDINANCE NO. 19-67 AN ORDINANCE AUTHORIZING ST.. JOSEPH'S CHURCH TO CONSTRUCT RETAINING WALL ON STETMORE AND ST. JOSEPH STREETS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE, IOWA: Section 1. That St. Joseph's Church as owners of the premises known as 90 South Algona--Lot 23 Sisters Addn. in the City of Dubuque be, and they are hereby granted the revocable license and authoritv to construct and maintain a retaining wall on Stetmore and St. Jo- seDh streets, under the terms and con- ditions 'et fortI; In this Ordimmce. Section 2. That such construction shall be done In accordance with plans here- to-fore submitted by permltfees and ap. proved by City Manager, under the su- pervisIon and direction of the City Manager, and in accordance with all applicable state and federal Jaws and regulations, and the ordinances of the Cltv of Dubuque. Section 3. That the permission herein granted Is expressly conditioned on permltfees agreement to: (a) Assume any and all liability for damages to persons or property which may result from the ex- Istence, construction or mainten- ance of said retaining wall. Respectfully submitted, Don Gilson Director of Planning Mayor Ludwig moved that the recommendation be approved and referred to the City Solicitor for proper proceedings. Seconded by Councilman Schultz. Carried by the following vote: Yeas-Mayor Ludwig, Council- men Pfohl, Pregler, Schultz. Nays-None. Absent-Councilman McCauley. April 17, 1967 To the Honorable Mayor and City Council Gentlemen: I am enclosing a petition for the construction of a retaining wall at St. Joseph'S Church which will extend on to City property. The City Engineer has reviewed the proposal and on the basis of McCauley. ORDINANCE NO. 18~7 An ordinance amending and changing the zoning map of the City of Dubuque, Iowa, as pro- vided by Ordinance No. 3-34. d'esignated "Zoning Ordinal1lCe of the City of Dubuque", so as to provide zoning classification for the area annexed to the city, (By referendvm on December 15. 1964). presented and read. Councilman Pfohl moved that the reading just had be considered the first reading of the Ordinance. Seconded hy Councilman Pregler. Carried hy the following vote: Yeas-Mayor Ludwig, Council- men Pfohl, Pregler, Schultz. Nays-None. Absent-Councilman McCauley. Councilman Pfohl moved that the rule requiring an Ordinance to be read on three separate days be waived. Seconded by Cormcil- man Pregler. Carried by the fol- lowing vote: Yeas-Mayor Ludwig, Council- men Pfohl, Pregler, Schultz. Nays-None. Ahsent-Councilman McCauley_ Councilman Pfohl moved that a hearing be held on the Ordinance on May 22, 1967, at 7:30 o'clock P.M. in the Council Chamher at the City hall and that the City Clerk be instructed to publish notice of the hearing in the man- ner required by law. Seconded by Councilman Pregler. Carried by the following vote: Yeas-Mayor Ludwig, Council- men Pfohl, Pregler, Schullz. Nays-None. McCaUley. ..v Special Session, April Planning Councilman Pregler moved that the communciation be received and filed. Seconded by Councilman Schultz. Carried by the following vote: Yeas-Mayor Ludwig, Council men Pfohl, Pregler, Schultz. Nays-None. Absent-Councilman is appropriate at this time. It is the recommendation of the Com- mission that the area annexed by referendum on December 15, 1964 be classified as indicated on the attached sheet. Respectfully submitted, Don Gilson Director of 176 --"-.--- ~.~~~ Special Session, April 17, 1967 ::j'" "'I,l!I' !!Il :'I!IIII!i: '11'1 lul:! ~, 179 appears in the preamble and in the bOdy of said resolution; and WHEREAS, said discrepancy should be resolved. NOW THEREFORE Be It Re- solved by the City Council of City of Dubuque, Iowa; Section 1. That the plat of the Subdivision of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 2 of Lot 1 of Mineral Lot 370 in the City of Dubuque, Iowa, known as "Becker Subdivision" as set out in Section 2 of Resolution No. 313-66 of the City of Dubuque, Iowa, is hereby ratified and confirmed to be the correct description of said real estate and said Resolution No. 313-66 in all other respects be and the same is hereby ratified and confirmed. Passed, adopted and approved this 17th day of April, 1967. Richard Ludwig Mayor Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop~ tion of the resolution. Seconded by Councilman Schultz. Carried by the following vote: Yeas - Mayor Ludwig, Council~ men Pfohl, Pregler, Schultz. Nays-None. Absent-Councilman WHEREAS there has been filed with the City Clerk a plat in which Sears-Roebuck & Co. Subdivision No.2, in the City of Dubuque, Iowa, is platted as Lot 1 and Lot 2 of Subdivision of Sears-Roebuck & Co. Subdivision No.2, in the City of Dubuque, Iowa, and WHEREAS said plat has been examined by the City Council and they find the same conforms to the Statutes and Ordinances relat~ ing thereto; NOW, THEREFORE, Be It Re- solved by the City Council of the City of Dubuque, Iowa: Section 1. That the above de- scribed plat be and the same is hereby approved and the Mayor RESOLUTION NO. 81-67 Resolution Approving Plat of Sears--Roebuck & Co. Subdivision No.2. McCaUley. with the Illinois Central Railroad Company, a copy of which is here- by attached, for rental of space in the lllinois Central Freight House, second floor consisting of an area 3100 sq. It. more or less including entrance and stairway. Lessee agrees to furnish his own light, heat, water and telephone at its own expense without cost to Lessor. BE IT FURTHER RESOLVED that a certified copy of this reso~ lution be submitted to the lllinois Central Railroad Company. Richard Ludwig Mayor Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler Councilmen Attest: Leo F. Frommelt, City Clerk I, Leo F. Frommelt, City Clerk of City of Dubuque, Iowa, do here~ by certify the foregoing to be a true and correct copy of a resolu~ tion adopted by said City of Du- buque, Iowa, at a special meeting on April 17, 1967; that said resolu- tion is still in effect; that the LEASE referred to therein, at- tached thereto, is in the form presented to said meeting and in the form executed. Witness the seal of said City of Dubuque, Iowa, and my signa~ ture this 17th day of April 1967. Leo F. Frommelt City Clerk Mayor Ludwig moved adoption of the resolution. Seconded by Councilman Schultz. Carried by the following vote: Yeas-Mayor Ludwig, Council- men Pfohl, Pregler, Schultz. Nays-None. Absent-Councilman McCaUley. RESOLUTION NO. 80-67 Resolution ratifying and con- firming the private "Becker Sub- division" in the City of Du- buque Dubuque County, Iowa. WHEREAS, on the 7th day of November, 1966, the City Council passed, adopted and approved Resolution No. 313-66 being a reso- lution approving the plat of "Becker Subdivision" in the City of Dubuque, Iowa; and WHEREAS, the discrepancy in the description of the real estate Special Session, April 17, 1967 McCauley. April 6, 1967 To the Honorable Mayor and Members of the City Council Gentlemen: Attached is a lease agreement with the lllinois Central Railroad Company covering the rental of space in the I.C. freight house, on the second floor consisting of 3100 square feet to be used as a control center during the flood emergency. The lease is for a period of one month from April 1, 1967 to April 30, 1967, for the sum of $25.00. I recommend that the Mayor and City Clerk be authQrized to execute the lease on behalf of the City. Respectfully submitted, Gilbert D. Chavenelle City Manager Councilman Schultz moved that the recommendation of the City Manager be approved. Seconded by Councilman Pfohl. Carried by the following vote: Yeas-Mayor Ludwig, council- men Pfohl, Pregler, Schultz. Nays-None. Absent-Councilman RESOLUTION NO. 79-67 BE IT RESOLVED BY THE CITY OF DUBUQUE, IOWA, that the Mayor and City Clerk are here~ by authorized to execute a LEASE AGREEMENT dated April 3, 1967, 1966, presented and read. Coun~ cilman Pregler moved that the petition be granted and the Audi~ tor instructed to issue proper warrant. Seconded by Councilman Pfohl. Carried by the following vote: Yeas-Mayor Ludwig, Council- men Pfohl, Pregler, Schullz. Nays-None. Absent-CounciIman McCauley. Petition of Valetta Shannon re~ questing a refund of $150. on the unexpired portion of Class B Beer license No. 10, as she had discon~ tinued business on April 3, 1967, presented and read. Councilman Pregler moved that the refund be granted and the Auditor instruct~ ed to issue proper warrant. Sec~ onded by Councilman Pfohl. Car~ ried by the following vote: Yeas-Mayor Ludwig, Council~ men Pfohl, Pregler, Schultz. Nays-None. Absent-Councilman McCauley. Petiton of Peoples Natural Gas requesting permission to excavate on Green Street, presented and read. Councilman Schultz moved that the petition be granted sub- ject to approval of the City En- gineer. Seconded by Councilman Pfohl. Carried by the following vote: Yeas-Mayor Ludwig, Council~ men Pfohl, Pregler, Schullz. Nays-None. Absent-Councilman Petition of Elizabeth Stotlar re- questing a refund of $50. on the unexpired portion of Class B beer lcense No. 97, as she has discon- tinued business on November 1, 178 Petition of Pearl Musselman et al (12 signers) requesting comple- tion of surfacing of Dexter Street, presented and read. Mayor Ludwig moved that the petition be re~ ferred to the City Manager and Engineering Department for inves- tigation and report. Seconded by Councilman Schultz. Carried by the following vote: Yeas-Mayor Ludwig, Council- men Pfohl, Pregler, Schultz. Nays-None. Absent-Councilman McCauley. Petition of Peoples Natural Gas requesting permiSSion to excavate on University Ave. near Wilson Avenue, presented and read. Councilman Pfohl moved that the petition be granted subject to ap- proval of the City Engineer. Sec~ onded by Councilman Pregler. Car~ ried by the following vote: Yeas-Mayor Ludwig, Council- men Pfohl, Pregler, Schullz. Nays-None. Absent-Councilman McCauley. Petition of E. J. Voggenthaler Co., & Leona L. Voggenthaler Es- tate requesting adoption of a res~ olution and authorize conveyance of south half of portion of alley abutting their property at East 7th Street, presented and read. Councilman Pregler moved that the petition be referred to the City Solicitor for proper proceed~ ings. See 0 n d e d by Councilman Pfohl. Carried by the following vote: Yeas-Mayor Ludwig, Council- men Pfohl, Pregler, Schullz. Nays-None. Absent-Councilman McCauley. McCauley. 181 property proposed to be convey- ed at no cost to the City, that the said Frommelt Building Corporation shall not be entitled to nor shall it claim damages for such removal as a public taking but that same is a specific condi- tion of grant presently contem- plated and agreed upon by the City of Dubuque, Iowa, and Frommelt Building Corporation, and that such portion or all of the premises herein proposed to be conveyed to Frommelt Build- ing Corporation shall be recon- veyed to the City of Dubuque, Iowa', upon written notice and demand therefor for such stated Purpose 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 ad- versely affect the right of ac- cess or the easement right to light, air and view as pertain to the property herein proposed to be sold, that Frommelt Build- ing 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 foregoing terms and conditions is at the instance and request of said Frommelt Building Corporation. This provision shall be construed as a covenant running with the land and shall be hinding upon the successors and assigns of Session, April 17, 1967 ance No. 3-34 known as the Zon- ing Ordinance and Zoning Map of the City of Dubuque, Iowa, as amended by Ordinance No. 33- 59, establishing and defining "re- stricted industrial district"; c) 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 shall revert to City of Dubuque, Iowa, and the purchase price less damages accruing to the City of Dubu- que, Iowa, shall be refunded to the Frommelt Building Corpora- tion d) That the City of DUbuque, Iowa, reserves and retains and accepts unto itself perpetual easements in and to said real estate cover- ing any utility presently install- ed or located in said real estate hereinabove described and with the right of ingress and egress therefrom for the purposes of maintenance, repair and inspec- tion of same; e) That the conveyance herein pro- posed to be made in expressly conditioned upon Fro m m e 1 t Building Corporation continuing to lease that portion of Sear's Roebuck & Co. Subdivision No.2 in the City of DUbuque, Iowa, un- der and by virtue of one certain written lease dated August 2, 1965, subject however to the rental being reduced proportion- ately for that portion of said leased premises proposed to be conveyed to Frommelt Building Corporation; Special Section 2. That the Mayor and City Clerk are hereby authorized and directed to execute Quit Claim Deed of City of Dubuque, Iowa, couveying to FROMMELT BUlLD- ING CORPORATION, aU of its rights, title and interest in and to RESOLUTION NO. 82-67 the real estate hereinabove de- WHEREAS pursuant to resolu- scribe~, subject however, to the tion and pubiished notice of time followmg terms and conditions: and place of hearing, published in a) Frommelt Building Corporation the Telegraph-Herald, a newspaper, ~hall erect and construct a build- of general circulation published mg not less than 12,600 square in the City of Dubuque, Iowa, on feel withi~ twelve months of March 23, 1967 and on March 30 date of delivery of deed convey- 1967, City Council of Dubuque' iog the property hereinabove de- Iowa, met on the 17th day of scribed by City of Dubuque, April, 1967 at 7:30 o'clock P.M. Iowa, to Frommelt Building in the City Council Chamber in the Corporation; City Hall, Dubuque, Iowa, to con- b) That the construction of the sider the proposal to dispose of building and use of said premis- certain real estate at which hear- es by Frommelt Building Carp- ing all interested persons were af- oration shall be in accordance forded an opportunity to be heard with the City of Dubuque Ordin- proposal and described as WHEREAS, City Couucil of Du- buque, Iowa, overruled any and all objections, oral or written, to the proposal to dispose of the in- terest of the City of Dubuque, Iowa, in the above described real estate to FROMMELT BUILDING CORPORATION for the sum of Thirty-Five Hundred ($3,500.00) Dollars per acre plus costs of pub- lication. Lot 2 of the Subdivision of Sear's Roebuck & Co. Subdi- vision NO.2 in the City of Du- buque, Iowa, containing ap~ proximately .35 acres in the City of Dubuque, Iowa, to FROMMELT BUILDING CORP- ORATION for the sum of $3,500.00 per acre plus costs of publication, be and the same is hereby approv- ed. Frommelt Building Corporation, and to deliver said Deed upon receipt of the purchase price of $3500.00 per acre and receipt of payment of costs of publication. Section 3. That the City Clerk be and he is hereby authorized and directed to record a certified copy of this Resolution in the office of the Dubuque County Recorder in and for Dubuque County, Iowa, im- mediately after delivery of Deed to purchaser. f) Frommelt Building Corporation materially represents that it un- derstands, aCknowledges and agrees that if a portion or all of the premises proposed to be con- veyed shall be required for the erection and construction and maintenance of a highway or piers or columns supporting the same, that upon written notice from City of Dubuque. Iowa, notifying Frommelt BUilding Corporation of the location of said proposed highway or piers or columns supporting the same that the said Frommelt Building Corporation shall remove any or all improvements made on the 17, 1967 for or against such which real estate is follows, to wit: Lot 2. of the Subdivision of Sear's Roebuck & Co. Subdi- vision No.2 in the City of Du- buque, Iowa, containing ap- proximately .35 acres in the City of Dubuque, Iowa; and NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF CITY OF DUBUQUE, IOWA: Section 1. That the disposal of the interest of City of Dubuque, Iowa in and to the following de- scribed real estate: Session, April and Clerk be and they are here- by authorized and directed to en- dorse the approval of the City up- on said plat. Passed, adopted and approved this 17th day of April A.D., 1967. Richard Ludwig Mayor Merlin F Schultz Eldou A. Pfohl Walter A. Pregler Councilmen Attest: Leo F. Frommelt City Clerk Councilman pfohl moved adop- tion of the resolution. Seconded by Councilman Schultz. Carried by the following vote: Yeas - Mayor Ludwig, Council~ men Pfohl, Pregler, Schultz. Nays-None. Absent-Councilman McCauley. Proof of Publication, certified to by the Publisher, of notice of public hearing to consider pro- posal to dispose of Lot 2 of the Subdivision of Sear's Roebuck & Co. Sub. No. 2 also Lot 2 of Block 15 and Lot 4 of Block 14, all in Riverfront Sub. No.3, to Frommelt Building Corporation, presented and read. No written objections were filed and no oral objectors were pres~ ent in the Council Chamber at the time of the public hearing. Councilman Pfohl moved that the proof of publication be re- ceived and filed. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Ludwig, Council men Pfohl, Pregler, Schultz. Nays-None. Absent-Councilman McCauley. Special 180 183 Seconded by Councilman Schultz. Carried by the following vote: Yeas - Mayor Ludwig, Council men Pfohl, Pregler, Schultz. Nays - None. Absent - Councilman McCauley. RESOLUTION NO. 84-67 Resolution approving the plat of Lots 10-18 Block 5 and lots 2-14 Block 6 Marycrest Subdivision No. 2 in the City of Dubuque, Iowa Whereas, there has been filed with the City Clerk a plat iu which; Lot I-I of "A" Marycrest Sub- division No. 2 in the City of Dubuque, Iowa, is platted as Lots 10-18 Block 5 aud Lots 2- 14 Block 6 of Marycrest Sub- division No. 2 in the City of Dubuque, Iowa, by George A. Saffran, as Owner thereof, and Whereas said plat has been ex- amined by the City Planning and Zoning Commission and approved by said body, aud Whereas upon said plat appears street known as Balboa Drive and also public utility easements which the Owner upon said plat has dedi- cated to the public forever, and \Vhereas, said plat has been found by the City Council to con- form to the Statutes and Ordinan- ces relating thereto except that the street has not been reduced to grade or paving, sewer or water services or sidewalks installed therein, NOW THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the dedication of Balboa Drive, together with easements for public utilities, all the same as appears upon said plat, be and the same are hereby accept- ed and that said street is hereby established as a public street in the City of Dubuque; Section 2. That the plat of the Subdivision of Lot 1-1 of "A" Mary- crest Subdivision NO.2 in the City of Dubuque, Iowa, to be hereafter known as Lots 10-18 Block 5 and Lots 2-14 Block 6 of Mary-crest Sub- division No. 2 in the City of Du- buque, Iowa, is hereby approved and the Mayor and Clerk are here- by authorized and directed to en- 17, 1967 Session, April the 48-inch storm sewer present. ly located 32 feet southwesterly from and parallel to the north- east property line of said Lot 2 of Block 15 together with the right of ingress and egress there- from for the purpose of construc- tion, repair, and maintenance of said storm sewer. and to deliver said Deed upon re- ceipt of the purchase price of $3500.00 per acre and receipt of payment of costs of publication. Section 3. That the City Clerk be and he is hereby authorized and directed to record a certified copy of this Resolution in the office of the Dubuque County Recorder in and for Dubuque County, Iowa, immediately after delivery of Deed to purchaser. Passed, adopted and approved this 17th day of April, 1967. Richard LUdwig Mayor Schultz Pfohl Pregler Councilmen Attest Leo F. Frommelt, City Clerk Mayor Ludwig moved adoption of the resolution. Seconded by Councilman Pfohl. Carried by the following vote: Yeas - Mayor Ludwig, Council- men Pfohl, Pregler, Schultz. Nays - None. Absent - Councilman McCauley. 17, 1967 Honorable Mayor Council Members Gentlemen: The City Planning and Zoning Commission has reviewed the final plat of Marycrest Subdivision num- ber 2. The Commission has found that the plat meets the minimum requirements of the subdivision regulations, that it is an appropri- ate desgn for the area and that it does not adversely affect abut- ting properties. It ,is the recommendation the Commission that the plat approved. of be Respectfully submitted, Don Gilson, Director of Planning Mayor Ludwig moved that the recommendation of the Planning & Zoning Commission be approved. Special April and Merlin F. Eldou A. Waller A. 17, 1967 Subdivision NO.3 in the City of Dubuque, Iowa, containing approximately 2.78 acres, to FROMMELT BUILDING CORP- ORATION for the sum of $3,500.00 per acre plus costs of publication, be and the same is hereby approv- ed. Section 2. That the Mayor and City Clerk are hereby authorized and directed to execute Quit Claim Deed of City of Dubuque, Iowa, couveying to FROMMELT BUILD- ING CORPORATION, all of its rights, title and interest in and to the real estate hereinabove de. scribed, subject however, to the following terms and conditions: a) Frommelt Building Corporation shall erect and construct a build. ing not less than 10,560 square feet within twelve months from date of deed conveying the prop- erty hereinabove described by City of Dubuque, Iowa, to From- melt Building Corporation; b) That the construction of the building and use of said prem- ises by Frommelt Building Corp- oration shall be in accordance with City of Dubuque Ordinance No. 3-34 known as the Zoning Ordinance and Zoning Map of the City of Dubuque, as amend- ed, by Ordinance No. 33-59, es- tablishing and defining "restrict- ed industrial district"; c) 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 shall revert to City of Dubuque, Iowa, and the purchase price less damages accruing to the City of Dubuque, Iowa, shall be refunded to the Frommelt Building 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 north- westerly end of said Lot 2 of Block 15 for the location, instal- lation, maintenance and repair of a storm sewer together with the right of ingress thereto and egress therefrom for the pur- pose of repair, maintenance and inspection of same and that the premises conveyed shall be sub- ject to a perpetual easement for Session, April Passed, adopted and approved this 17th day of April, 1967. Richard Ludwig Mayor Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler Councilmen Attest: Leo F. Frommelt, City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Mayor Ludwig. Carried by the fol- lowing vote: Yeas-Mayor Ludwig, Council men Pfohl, Pregler, Schultz. Nays--None. Absent-Councilman McCauley. RESOLUTION NO. 83.67 WHEREAS, pursuant to resolu- tion and published notice of time and place of hearing, published in the Telegraph-Herald, a newspaper of general circulation published in the City of Dubuque, Iowa, on March 23, 1967 and ou March 30, 1967, City Council of Dubuque, Iowa, met on the 17th day of April 1967, at 7:30 o'clock P.M. in the City Council Chamber in the City Hall, Dubuque, Iowa, to consider the proposal to dispose of certain real estate at which hearing all in- terested persons were afforded an opportunity to be heard for or against such proposal and which real estate is described as follows, 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, containing approximately 2.78 acres; and WHEREAS, City Council of Du- buque, Iowa, overruled any and all objections, oral or written, to the proposal to dispose of the in- terest of the City of Dubuque, Iowa, in the above described real estate to FROMMELT BUILDING CORP- ORATION for the sum of Thirty- Five Hundred ($3,500.00) Dollars per acre plus costs of publication. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF CITY OF DUBUQUE, IOWA: Section 1. That the disposal of the interest of City of Dubuque, Iowa in and to the following de- scribed real estate: Lot 2 of Block 15 and Lot 4 of Block 14, all in Riverfront Special 182 185 Curb and Gutter and 8-inch Rolled Stone Base with a 21h-inch Hot Mix-Hot Laid Bituminous Surfac- ing. All of the foregoing shall be constructed according to the latest City of Dubuque specifications. That the City Clerk being he is hereby authorized and directed to make and certify a transcript of this Resolution and file the same for record in the office of the Re- corder of Dubuque, Iowa. Passed, adopted and approved this 17th day of April, 1967. Richard Ludwig Mayor Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Schultz. Carried by the following vote: Yeas - Mayor Ludwig, Council- men Pfohl, Pregler, Schultz. Nays-None. Absent-Councilman McCauley. March 30, 1967 To The Honorable Mayor and City Council Gentlemen: The Kelly Lane Sanitary Sewer has heen completed by Saffran Construction Co. of Dubuque, Iowa, in accordance with plans and speci- fications. I, therefore, recommend the ac- ceptance of the improvement. Respectfully submitted, Gilbert D. Chavenelle City Manager Councilman Pfohl moved that the recommendation of the City Manager be approved. Seconded by Mayor Ludwig. Carried by the fol- lowing vote: Yeas - Mayor Ludwig, Coun- cilmen Pfohl, Pregler, Schultz. Nays-None. Absent-Councilman McCauley. FINAL ESTIMATE RESOLUTION NO. 86-67 WHEREAS, the contract for the Construction of an eight inch (8") sanitary sewer from the Catfish Creek Sanitary Sewer southerly to Kelly Lane then east and west in Kelly Lane with the westerly end at the E.P.L. Fremont Avenue and 17, 1967 Session, April Mayor Ludwig moved that the recommendation of the City Man- ager be approved. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor LUdwig, Coun- cilmen Pfohl, Pregler, Schultz. Nays-None. Absent-Councilman RESOLUTION NO. 85-67 Resolution amending Resolution No. 92-66. A Resolution approv- ing Lots 5 through 9, Block 1. Lots 30 through 43, Block 2, Lots 1 through 9 Block S, Lot I Block 6, of Marycrest Subdivision No. 2 in the City of Dubuque, Iowa. Whereas, on April 4, 1966 the City Council, City of Dubuque adopted Resolution No. 92-66 ap- proving: Lot 5 through 9 Block 1, Lots 30 through 43 Block 2, Lots 1 through 9 Block 5, Lot 1 of Block 6, of Marycrest Subdivi- sion No. 2 in the City of Du- buque, Iowa, and: Whereas, through error, Section 2 Part B read-to surface Cortez Drive and Balboa Drive for width of 31 feet with Portland Cement Concrete Pavement and Integral Curh. All of the foregoing shall be constructed according to the latest City of DUbuque specifications, and: Whereas, Section 2 Part B should read as follows-to surface Cortez Drive and Balboa Drive for a width of 31 feet from back to back of curb with Concrete Curb and Gut- ter and 8 inch Rolled Stone Base with a 2", inch Hot Mix-Hot Laid Bituminous surfacing. All of the foregoing shall he constructed ac- cording to the latest City of Du- buque specifications, and: Whereas, the City Council deems it to be the best interest of the City of Dubuque to amend said Resolution No. 92-66 to correct the reading of Section 2 Part B. Now Therefore Be It Resolved by the City Council of the City of Dubuque, Iowa that Resolution No. 92-66 of the City Council of the City of DUbuque be amended to read as follows: McCauley. RESOLUTION NO. 92-66 Whereas, Section 2 Part B to sur- face Cortez Drive and Balboa Drive for a width of 31 feet from back to hack of curh with Concrete Special Session, April 17, 1967 the provisions hereof shall be null and void and the acceptance of the dedication and approval of the plat shall not be effective. Passed, adopted and approved by recorded roll call vote this 17th day of April, A.D., 1967. Richard Ludwig Mayor Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler Councilmen Attest: Leo F. Frommelt, City Clerk To Leo F. Frommelt, City Clerk This is to certify that the secur. ity required by the foregoing Reso- lution 84-67 has been provided by the Owner. Dubuque, Iowa May 2, 1967. Gilbert D. Chavenelle, City Manager ACCEPTANCE OF RESOLUTION NO. 84-67 George A. Saffran, having read the terms and conditions of the foregoing Resolution 84-67 and be- ing familiar with the contents thereof hereby accept the same and agree to perform the condi- tions therein required. George A. Dated: April 18, 1967 Councilman Pregler moved adop. tion of the resolution. Seconded by Councilman Schultz. Carried by the following vote: Yeas - Mayor Ludwig, Council- men pfohl, Pregler, Schultz. Nays-None. Absent - Councilman McCauley. April 17, 1967 To the Honorahle Mayor and City Council Gentlemen: I am enclosing for your consid- eration an amendment to Resolu- tion 92-66. Resolution 92-66 stipulated con- crete paving for Cortez Drive and Balboa Drive. The resolution should have read "Concrete Curb and Gutter and 8-inch Rolled Stone Base with a 2"'-inch Hot Mix-Hot Laid Bituminous Surfac- ing." I recommend the amendment. Respectfully submitted, Gilbert D. Chavenelle City Manager Saffran k. To construct sidewalks to November 30, 1969. and further provided that George A. Saffran as Owner thereof, of said subdivision secure the per- formance of the foregoing condi- tions by providing security in such sums and with such sureties as may be acceptable to the City Manager; Section 3. That in the event that said George A. Saffran, shall fail to execute the acceptance and pro- vide security provided in Section 2 hereof within forty-five (45) days from the date of this Resolution improve- prior to prior Special dorse the approval of the City of Dubuque upon said plat, providing the Owner of said property herein- before named, executes written ac- ceptance hereto attached, agree- ing: a. To reduce Balboa Drive to grade as shown on the profiles submitted with this plat; b. To surface Balboa Drive for a width of 31 feet with Bituminous Concrete Paving and concrete curb and gutter. All of the foregoing shall be constructed according to the latest City of Dubuque specifi- cations. c. To install sidewalks on both sides of Balboa Drive in accord. ance with the City of Dubuque Standard Specifications for Perm- anent Sidewalks. d. To install water mains in ac- cordance with plans submitted with this plat. e. To install storm and sanitary sewers in accordance with plans as submitted with this plat. f. To install sanitary sewer and water house laterals for each lot to the property line. g. To construct the foregoing improvement in accordance with plans and specifications approved by the City Manager and under the inspection of the City Engi- neer. h. To maintain the Street im- provements for a period of four (4) years from date of acceptance and to maintain the water mains and sanitary sewers for a period of four (4) years from the date of its acceptance. i. To provide the foregoing con- struction and maintenance at the expense of the Owner. j. To construct said ments except sidewalks Novemher 30, 1968. 184 187 (Necessity for Improvement) RESOLUTION NO. 90-67 WHEREAS, proposed plans, spec- ifications, form of contract, plat and schedule have been dUly pre- pared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk shOwing among other tWngs the following: 1. The streets to be improved. 2. The width of such improve_ ment. 3. Each lot proposed to be as- sessed together with a valuation fixed by the council. 4. An estimate of the cost of the proposed improvement, stating the same for each different type of construction and kind of material to be used. In each case the amount there- of which is estimated to be as- sessed against each lot, for the City of Dubuque, 1967, Con- crete Curb and Gutter Project No. 1 on the following streets: Farragut Street from the W.P. L. of Kerper Boulevard to the W.P.L. of the alley between Kerper Boulevard and Garfield Avenue. 2. Perry Street from the alley west of Grandview Avenue to the E.P.L. of Rider Street. 3. Rockdale Road from the S.P.L. of Grandview A venue to the southerly City Corporation Lim- its. 4. Flora Park from the N.P.L. of Pennsylvania Avenue north 200' along the W.P.L. of Flora Park. BE IT THEREFORE RESOLVED that the City Council on its own motion or upon petition of prop- erty owners, deems it advisable and necessary for the public wel- fare to make the herein mentioned improvement, and unless property owners at the time of the final consideration of this proposed res- olution have on file with the City Clerk objections to the amount of the proposed assessments, they shall be deemed to have waived all objections thereto. Said improvements shall be con- structed and done in accordance with the plans and specifications which have been prepared there- fore by the City Engineer wWch Session, April 17, 1967 5. 1. RESOLUTION NO. 88-67 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE, IOWA: Section 1. That the attached Sheets No. 1 to 6 inclusive are hereby determined to be the schedule of proposed assessments for the City of Dubuque 1967 Curb and Gutter Project No. 1 and the valuations set out therein are here- by approved. Richard Ludwig Mayor Merlin F. Schultz Eldon A. Pfohl WaIter A. Pregler CounCilmen Attest: Leo F. Frommelt City Clerk Mayor Ludwig moved adoption of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Ludwig, Council. men Pfohl, Pregler, Schultz. Nays - None. Absent - Councilman McCauley. Farragut Street, from the W.P. L. of Kerper Boulevard to the W.P.L. of the alley between Kerper Boulevard and Garfield Avenue. 2. Perry Street, from the alley west of Grandview Avenue to the E.P.L. of Rider Street. 3. Rockdale Road from the S.P.L. of Grandview A venue to the southerly City Corporation Lim. its. RESOLUTION NO. 89-67 Approval of Preliminary Esti- mate, specifications, forms of contract, plat and all other docu- ments for City of Dubuque 1967 Concrete Curb and Gutter Proj- ect No.1, on the following named streets: 1. 4. Flora Park from the N.P.L. of Pennsylvania north 200' along the W.P.L. of Flora Park, in an estimated amount of $34,. 231.15, presented and read. Coun- cilman Pregler moved adoption of the resolution. Seconded by Coun- cilman Schultz. Carried by the fol- lowing vote: Yeas -Mayor Ludwig, Counci men Pfohl, Pregler, Schultz. Nays-None. Absent-Councilman McCauley. Special 17, 1967 Attest: Leo F. Frommelt, City Clerk Mayor Ludwig moved adoption of the resolution. Seconded by Attest: Councilman Schultz. Carried by Leo F. Frommelt, the following vote: City Clerk Yeas-Mayor Ludwig, Council. Mayor Ludwig moved adoption men Pfohl, Pregler, Schultz. of the resolution. Seconded by Nays-None. . Councilman Schultz. Carried by the Absent - CouncIlman McCauley. following vote: (A Resolution Accepting Improve- Yeas - Mayor Ludwig, Council- ment and Directing the Clerk to men Pfohl, Pregler, Schultz. Publish Notice.) Nays-None. RESOLUTION NO. 87-67 Abseut-Councilmau McCauley. WHEREAS, the contract for the March 23, 1967 Construction of an eight inch (8") To the Honorable Mayor sanitary sewer from the Catfish and City Council Creek Sanitary Sewer southerly Gentlemen: to Kelly Lane then east and west I hereby submit the attached in Kelly Lane with the westerly Sheets No.1 to 6 inclusive showing end at the KP.L. Fremont Avenue a schedule of the proposed va1ua~ and the easterly end at Lot 1-10, tions and assessments for the City Block 1 of Henschels Highlands of Dubuque 1967 Concrete Curb & Subdivision has been completed Gutter Project No.1. Submitted and the City Manager has examin- April 17, 1967. ed the work and filed his certifi- Respectfully submitted, cate stating that the same has been John L. White completed according to the terms City Engineer of the contract, plans and specifica- Mayor Ludwig moved that the tions and recommends its accept- communication be received and ance, now therefore, filed. Seconded by Councilman BE IT RESOLVED, by the City Pregler. Carried by the following Council of the City of Dubuque, vote: that the recommendation of the Yeas - Mayor Ludwig, Council City Manager be approved and that men Pfohl, Pregler, Schultz. said improvement be and the same Nays-None. is hereby accepted and the City Absent-Councilman McCauley. -->>~p" Session, April the easterly end at Lot 1-10, Block Engineer be and is hereby directed 1 of Henschel's Highlands Sub- to prepare a plat and schedule division has been completed and showing the lots or parcels of real the City Engineer has submitted estate subject to assessment for his final estimate showing the cost said improvement and file the thereof including the cost of esti- same in the office of the City mates, notices, inspection, and pre- Clerk subject to public inspec~ paring the assessment and plat, tion and said Clerk shall upon re- now therefore, ceipt of such plat and schedule BE IT RESOLVED, by the City publish the notice of the Council's Council of the City of Dubuque, intention to levy special assess~ That the cost of said improve- ments therefor, as required by law. ment is hereby determined to be BE IT FURTHER RESOLVED, $33,684.61. that the City Treasurer be and That $31,947.61 of the cost there- he is hereby directed to pay to of shall be assessable upon private the contractor from the funds to property and $1,737.00 shall be be realized from the sale of Sewer paid from the 162Jl Fund of the bonds issued upon the above de- City of Dubuque. scribed improvement in amount Passed, adopted and approved equal to the amount of his con- this 17th day of April, 1967. tract, less any retained percentage Richard Ludwig provided for therein. Merlin F. Schultz Passed, adopted and approved Eldon A. Pfohl this 17th day of April, 1967. Walter A. Pregler Richard Ludwig Councilmen Mayor Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler Councilmen Special 186 189 MIX-HOT LAID ASPHALTIC CON- CRETE PAVING PROJECT NO.1, on the following named streets: 1. Bryant Street from the N.P.L. of Grandview Avenue to the S.P.L. of Dodge Street. 2. Grandview Avenue from the EP.L. of Southern Avenue to the W.P.L. of Kerrigan Road. 3. Madison Street from the N.P. L. of 17th Street to the S.P.L. of Clarke Drive. 4. Main Street from the N.P.L. of Railroad Avenue to the S.P.L. of Jones Street. 5. Rockdale Road from the S.P. L. of Grandview Avenue to the Southerly City Corporation Limits. 6. White Street from the N.P.L. of 10th Street to the S.P.L. of 22nd Street at an estimated cost of $174,372.17, presented and read. Councilman Pregler moved adop- tion of he resolution. Seconded by Councilman Schultz. Carried by the fOllOwing vote: Yeas - Mayor LUdwig, Council- men Pfohl, Pregler, Schultz. Nays - None. Absent - Councilman McCauley. (Necessity for Improvement) RESOLUTION NO. 94-67 WHEREAS, proposed p I a n s, specifications, form of contract, plat and schedule have been duly prepared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk ShOwing among other things the following: 1. The streets to be improved. 2. The width of such improve- ment. 3. Each lot proposed to be asses- sed together with a valuation fixed by the council. 4. An estimate of the cost of the proposed improvement, stating the same for each different type of construction and kind of material to be used. 5. In each case the amount there- of which is estimated to be asses- sed against each lot, for the City of Dubuque, 1967, Hot Mix-Hot Laid Asphaltic Concrete Paving Project No. 1 on the fOllowing named streets: 1. Bryant Street from the N.P.L. of Grandview Avenue to the S.P.L. of DOdge Street. 2. Grandview Avenue from the 17, 1967 Session, April 1967 March 23, To the Honorable Mayor and City Council Gentlemen: I hereby submit the attached Sheets No. 1 to 22 inclusive show- ing a schedule of the proposed valuations and assessments for the City of Dubuque 1967 Hot Mix-Hot Laid Asphaltic Concrete Paving Project No.1. Submitted April 17, 1967. Respectfnlly submitted, John L. White City Engineer Mayor Ludwig moved that the communication .be received and filed. Seconded by Councilman Schultz. Carried by the following vote: Yeas - Mayor Ludwig, Council- men Pfohl, Pregler, Schultz. Nays-None. Ahsent-Councilman McCauley. RESOLUTION NO. 92-67 BE IT RESOLVED by the City Council of the City of Dubuque, Iowa: Section 1. That the attached Sheets No. 1 to 22 inclusive are hereby determined to be the sched- ule of proposed assessments for the City of Dnbuque 1967 Hot Mix- Hot Laid Asphaltic Concrete Pav- ing Project No. 1 and the valua- tions set out therein are hereby approved. Adopted this 17th day of April, 1967. Special Attest: Leo F. Frommelt City Clerk Councibnan Pregler moved adop- tion of the resolution. Seconded by Mayor Ludwig. Carried by the fol- lOwing vote: Yeas - Mayor Ludwig, Council. men Pfohl, Pregler, Schultz. Nays-None. Absent-Councilman McCauley. Richard Ludwig Mayor Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler Councilmen RESOLUTION NO_ 93-67 PRELIMINARY APPROVAL of proposed plans, specifications, form of contract, plat, and all other documents for construction of CITY OF DUBUQUE 1967 HOT McCauley. Session, April 17, 1967 CITY OF DUBUQUE 1967 CONCRETE CURB & GUTTER PROJECT NO. 1 and, WHEREAS, the proposed Resolu- tion of Necessity for said improve- ment has been introduced and is now on file in the City Clerk's of- fice for pUblic inspection, BE IT THEREFORE RESOLVED that on the 22ud day of May, 1967, a public hearing will be held at 7:30 o'clock P.M. D.S.T. in the Council Chamber in the City of Dubuque at which time the owners of property subject to assessment for the proposed improvement may appear and make Objection to the proposed plans and specifications and proposed form of contract and at the same time to the boundaries of the proposed district, to the cost of the improvement, to the amount proposed to be assessed against any lot and to the passage of the proposed Resolution of Necessity and the City Clerk be and he is hereby directed to cause a notice of the time and place of such hear- ing to be published in some news- paper published in the city of Du- buque, the last of which shan be not less than two (2) nor more than (4) weeks prior to the day fixed for its consideration and un- less property owners at the time of final consideration of said reso- lution have on file with the Clerk objections to the amount of the proposed assessment, they shall have deemed to have waived all objections thereto, at which hear- ing the Council will hear such ob- jections and enter on record its final decision thereon. Passed, adopted and approved this 17th day of April, 1967. Richard Ludwig Mayor Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler Councilmen Attest: Leo F. Frommelt, City Clerk Councilman Schultz moved adop- tion of the resolution. Seconded by Mayor Ludwig. Carried by the fol- lowing vote: Yeas - Mayor Ludwig, Council- men Pfohl, Pregler, Schultz. Nays - None. Absent-Councilman The above resolution was intro- duced, approved and ordered placed on file with the City Clerk this 17th day of April, 1967. file for have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said improve- ment will be assessed upon and against all privately owned prop- erty lying within assessable dis- tance provided by law and in an amount not to exceed the amount provided by law, property will be assessed whether the same abuts thereon or is adjacent thereto ac- cording to area and in proportion to the special benefits conferred thereby, and any deficiency shall be paid out of the 135 J Road Use Tax Fund Bonds shall be issued and sold in anticipation of de- ferred payments of assessments when a contract has been per- formed and accepted and the pro- ceeds thereof used to pay the con- tractor. The railway portion of any street or assessment district shall be assessed to and paid by the rail- way company. Richard Ludwig Mayor Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pregler moved ap- proval of the resolution. Seconded by Mayor Ludwig. Carried by the following vote: Yeas - Mayor Ludwig, Council- men Pfohl, Pregler, Schultz. Nays-None. Absent-Councilman McCauley. (Fixing date of hearing) RESOLUTION NO. 91-67 WHEREAS, the City Council of the City of Dubuque, Iowa, has hy Resolution No. 89-67 given its pre- liminary approval on the pro- posed plans, specifications and form of contract and placed same on file in the office of the City Clerk for public inspection, for the Special placed on Approved and final action. 188 191 Session, April for the City of Dubuque 1967 Bi- tuminous Concrete Surfacing Proj- ect No. 1 and the valuations set out therein are hereby approved. Adopted this 17th day of April, 1967. Attest: Leo F. Frommelt City Clerk Mayor Ludwig moved adoPtion of the resolution. Seconded by Councilman Pregler. Carried by the fOllOwing vote: Yeas - Mayor LUdwig, Council men Pfohl, Pregler, Schultz. Nays-None. Absent-Councilman McCauley. RESOLUTION NO. 97-67 PRELIMINARY ESTIMATE AND APPROVAL OF proposed plans, specifications, form of contract, plat, and aU other documents for the construction of the CITY OF DUBUQUE 1967 BITUMINOUS CONCRETE PAVING PROJECT NO. 1 on the fOllowing named streets: T- Airport - Parking Lot Hangar Apron. North Algona-from the N.P.L. of University Avenue to the S.P.L. of Laras Boulevard. Bennett Street-from the W.P.L. of Grandview Avenue to the E.P.L. of McCormick Street. Eagle Point Park _ Roadway. Flora Park - Parking lot at Green Street and BunkerhiII Road. Farragut Street-from the W.P. L. of Kerper Boulevard to the W.P.L. of the alley between Kerp_ er Boulevard and Garfield Avenue. Grace Street-from the E.P.L. of McCormick Street to the W.P.L. of Grandview Avenue. Men Street-from the E.P.L. Windsor Avenue to the W.P.L. Althauser Street. of of Richard Ludwig Mayor Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler Councilmen 17, 1967 Perry Street-from the W.P.L. of Grandview Avenue to the E.P.L. of Rider Street. at an estimated cost of $90,467.41, presented and read. Councilman Pregler moved adop- tion of the resolution. Seconded by and last of which shall be not less than two (2) nor more than (4) weeks prior to the day fixed for its con- sideration and unless property own- ers at the time of final considera. tion of said resolution have on file with the Clerk objections to the amount of the proposed assessment, they shall have been deemed to have waived all Objections thereto, at which hearing the Council will hear such objections and enter on record its final decision thereon. Passed, adopted and approved this 17th day of April, 1967. Richard Ludwig Mayor Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler Councilmen Special Attest; Leo F. Frommelt City Clerk Mayor LUdwig moved adoption of the resolution. Seconded by Councilman Schultz. Carried by the following vote: Yeas - Mayor Ludwig, Council- men Pfohl, Pregler, Schultz. Nays - None. Absent - Councilman McCauley. March 23, 1967 To the Honorable Mayor and City Council Gentlemen: I hereby submit the attached Sheets No. 1 to 16 inclusive show- ing a schedule of the proposed valuations and assessments for the City of Dubuque 1967 Bituminous Concrete Paving Project No. 1. Submitted April 17th, 1967. Respectfully submitted, John L. White City Engineer Councilman Pregler moved that the communication be received and filed. Seconded by Councilman Pfohl. Carried by the fOllowing vote: Yeas - Mayor LUdwig, Council- men Pfohl, Pregler, Schultz. Nays - None. Absent - Councilman McCauley. Section I. That the attached Sheets No. 1 to 16 inclusive are hereby determiued to be the schedule of proposed assessments RESOLUTION NO. 96-67 BE IT RESOLVED by the City Council of the City of DUbuque, Iowa: I .f, 1967 Approved and for final action. Richard Ludwig Mayor Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler Councilmen Attest: Leo F. Frommelt, City Clerk Councilman Pfohl moved approv- al of the resolution. Seconded by Councilman Schultz. Carried by the following vote: Yeas - Mayor Ludwig, Council men Pfohl, Pregler, Schultz. Nays - None. Absent-CounciIman McCauley. (Fixing date of hearing) RESOLUTION NO. 95-67 WHEREAS, the City Council of the City of Dubuque, Iowa, has by Resolution No. 93.67 given its preliminary approval on the pro- posed plans, specifications and form of contract and placed same on file in the office of the City Clerk for public inspection, for the CITY OF DUBUQUE 1967 HOT MIX-HOT LAID ASPHALTIC CONCRETE PAVING PROJECT NO.1 and, WHEREAS, the proposed Resolu- tion of Necessity for said improve- ment has been introduced and is now on file in the City Clerk's office for public inspection, BE IT THEREFORE RESOLVED that on the 22ud day of May, 1967, a public hearing will be held at 7:30 o'clock P.M. D.S.T. in the Council Chamber in the City of Dubuque at which time the own- ers of property subject to assess- ment for the proposed improve- ment may appear and make objec- tion to the proposed plans and specifications and proposed form of contract and at the same time to the boundaries of the proposed district, to the cost of the improve- ment, to the amount proposed to be assessed against any lot and to the passage of the proposed Resolution of Necessity and the City Clerk be and he is hereby di- rected to cause a notice of the time and place of such hearing to be published in some newspaper pub- lished in the city of Dubuque, the file on placed Session, April 17, 4. Main Street from the N.P.L. of Railroad Avenue to the S.P.L. of Jones Street. 5. Rockdale Road from the S.P.L. of Grandview Avenue to the South- erly City Corporation Limits. 6. White Street from the N.P .L. of 10th Street to the S.P.L. of 22nd Street. the 3. Madison Street from the N.P. L. of 17th Street to the S.P.L. of Clarke Drive. E.P.L. of Southern Avenue to W.P.L. of Kerrigan Road. Special 190 BE IT THEREFORE RESOLVED that the City Council on its own motion or upon petition of pro-per- ty owners, deems it advisable and necessary for the public welfare to make the herein mentioned im- provement, and unless property owners at the time of the final consideration of this proposed resolution have on file with the City Clerk objections to the amount of the proposed assess- ments, they shall be deemed to have waived all objections thereto. Said improvements shall be con- structed and done in accordance with the plans and specifications which have been prepared there- fore by the City Engineer which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said improve- ment will be assessed upon and against all privately owned prop- erty lying within assessable dis- tance provided by law and in an amount not to exceel the amount provided by law, property will be thereon or is adjacent thereto ac- cording to area and in proportion to the special benefits conferred thereby, and any deficiency shall be paid out of the 135J road use tax fund. Bonds shall be issued and sold in anticipation of deferred payments of assessments when a contract has been performed and accepted and the proceeds thereof used to pay the contractor. The railway po-rtion of any street or assessment district shall be asses- sed to and paid by the railway company. The above resolution was intro- duced, approved and ordered plac- ed ou file with the City Clerk this 17th day of April, 1967. ~,~~ -~ 193 hearing the Council will hear such objections and enter on record its final decision thereon. Passed, adopted and approved this 17th day of April, 1967. Richard Ludwig Mayor Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler Councilmen Councilman Pfohl moved adop- tion of the resolution. Seconded by Mayor Ludwig. Carried by the following vote: Yeas - Mayor Ludwig, Council- men Pfohl, Pregler, Schultz. NaYs-None. Absent - CounCilman McCauley. 15, 1967 Mayor LUdwig moved that the communication be received and filed. Seconded by Councilman Pfohl. Carried by the fOllowing vote: Yeas - Mayor Ludwig, Council~ men Pfohl, Pregler, Schultz. Nays-None. Absent - Councilman McCauley. Special Session, April 17, 1967 by Councilman Schultz. Carried by the following vote: Yeas - Mayor Ludwig, Council- men Pfohl, Pregler, Schultz. Nays-None. Absent-Councilman McCauley. Attest: Leo F. Frommelt, City Clerk (Fixing date of hearing) 99-67 WHEREAS, the City Couucil of the City of DUbuque, Iowa, has by Resolution No. 97-67 given its pre- liminary approval on the proposed plans, specifications and form of contract and placed same on file in the office of the City Clerk for public inspection, for the CITY OF DUBUQUE 1967 RESOLUTION NO. BITUMINOUS CONCRETE ING PROJECT NO. 1 BE IT THEREFORE RESOLVED that on the 22nd day of May, 1967, a public hearing will be held at 7:30 o'clock P.M. D.S.T. in the Council Chamber in the City of Du- buque at which time the owners of property subject to assessment for the proposed improvement may appear and make objection to the proposed plans and specifications and proposed form of contract and at the same time to the boundar- ies of the proposed district, to the cost of the improvement, to the amount proposed to be assessed against any lot and to the passage of the proposed Resolution of Necessity and the City Clerk be and he is hereby directed to cause a notice of the time and place of RESOLUTION NO. lClO-67 such hearing to be published in BE IT RESOLVED BY THE s?me newspaper publIshed In the CITY COUNCIL OF THE CITY OF CIty of Dubuque, the last of WhiCh DUBUQUE IOWA- shall be not less than two (2) nor ,. more than (4) weeks prior to the Section I. That the attached day fixed for its consideration and sheets No. 1 to 17 inclusive are unless property owners at the time hereby determined to be the of final consideration of said reso- schedule or proposed assessments lution have on file with the Clerk for the City of Dubuque 1967 Con- objections to the amount of the crete Paving with Integral Curb proposed assessment, they shall Project No. 1 and the valuations have been deemed to have waived set out therein are hereby ap- all objections thereto, at which proved. To the Honorable and City Council Gentlemen: I hereby submit the attached sheets NO.1 to 17 inclusive show- ing a schedule of the proposed valuations and assessments for the City of DUbuque 1967 Concrete Paving with Integral Curb Project No.1. Subm March Mayor Itted April 17, 1967. John L. White City Engineer PAV- and, WHEREAS, the proposed Reso- lution of Necessity for said im- provement has been introduced and is now on file in the City Clerk's office for public inspection, BE IT THEREFORE RESOLVED that the City Council on its own motion or upon petition of prop- erty owners, deems it advisable and necessary for the public wel- fare to make the herein mentioned improvement, and unless property owners at the time of the final consideration of this proposed res- olution have on file with the City Clerk objections to the amount of the proposed assessments, they shall be deemed to have waived all objections thereto. Said improvements shall be con. structed and done in accordance with the plans and specifications which have been prepared there- fore by the City Engineer which have been approved hy the City Council and are now on file with the City Clerk. That the cost and expense of making said improve- ment will be assessed upon and against all privately owned prop- erty lying within assessahle dis- tance provided by law and in an amount not to exceed the amount provided by law, property will be assessed whether the same abuts thereon or is adjacent thereto ac- cording to area and in proportion to the special benefits conferred thereby, and any deficiency shall be paid out of the 135 J Road Use Tax Fund. Bonds shall be issued and sold in anticipation of de~ ferred payments of assessments when a contract has been per- formed and accepted and the pro- ceeds thereof used to pay the con- tractor. The railway portion of any street or assessment district shall be assessed to and paid by the railway company. The above resolution was intro- duced, approved and ordered placed on file with the City Clerk this 17th day of April, 1967. Approved: 1967 Special Session, April 17, 192 Councilman pfohl. following vote: Yeas - Mayor Ludwig, Council men Pfohl, Pregler, Schultz. Nays-None. Absent - Councilman McCauley. (Necessity for Improvement' RESOLUTION NO. 98-67 WHEREAS, proposed plans, spec~ ifications, form of contract, plat and schedule have been duly pre. pared and approved by the City Council of the City of Duhuque and are now on file in the office of the City Clerk showing among other things the following: 1. The streets to be improved. width of such improve. 2. The ment. 3. Each lot proposed to be as- sessed together with a valuation fixed 'by the council. y;..r' Richard Ludwig Mayor Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler Councilmen Councilman Pregler moved ap. proval of the resolution. Seconded Attest: Leo F. Frommelt City Clerk 4. An estimate of the cost of the proposed improvement, stating the same for each different type of construction and kind of material to be used. 5. In each case the amount there. of which is estimated to be as- sessed against each lot, for the City of Dubuque, 1967, Bituminous Concrete Paving Project No. 1 on the following named streets: Airport - Parking Lot and T- Hangar Apron. North Algona - from the N.P.L. of University Avenue to the S.P.L. of Loras Boulevard. Bennett Street - from the W. P.L. of Grandview Avenue to the E.P.L. of McCormick Street. Eagle Point Park - Roadway. Flora Park - Parking lot at Green Street and Bunkerhill Road. Farragut Street - from the W. P.L. of Kerper Boulevard to the W.P.L. of the alley between Ker- per Boulevard and Garfield Ave- nue. Grace Street - from the E.P.L. of McCormick Street to the W.P.L. of Grandview Avenue. Merz Street - from the E.P .L. of Windsor Avenue to the W.P.L. of A1thauser Street. Perry Street - from the W.P.L. of Grandview Avenue to the E.P.L. of Rider Street. the Carried by 195 j).- than two (2) nor more than (4) weeks prior to the day fixed for its consideration and unless prop- erty owners at the time of final consideration of said resolution have on file with the Clerk objec- tions to the amount of the pro- posed assessment, they shall have been deemed to have waived all ob- jections thereto, at which hearing the Council will hear such objec. tions and enter on record its final decision thereon. Passed, adopted and approved this 17th day of April, 1967. Richard Ludwig Mayor Merlin F. Schultz Eldou A. Pfohl Walter A. Pregler Councilmen Session, April 17, 1967 for Richard Ludwig Mayor Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler Councilmen Attest: Leo F. Frommelt, City Clerk Councilman Pregler moved ap- proval of the resolution. Seconded by Mayor Ludwig. Carried by the fOllowing vote: Yeas - Mayor Ludwig, Council. men Pfohl, Pregler, Schultz. Nays-None. Absent - Councilman McCauley. Approved and placed on file final action. BE IT THEREFORE RESOLVED that the City Council on its own motion or upon petition of proper- ty owners, deems it advisable and necessary for the public welfare to make the herein mentioned im- RESOLUTION NO. 101-67 provement, and unless property PRELIMINARY ESTIMATE AND owners at the time of the final APPROVAL of plans, specifica- consideration of this proposed tions, form of contract, plat, and resolution have on file with the all other documents for construe- City Clerk objections to the tion of CITY OF DUBUQUE 1967 amouut of the proposed assess- CONCRETE PAVING WITH INTE- ments, they shall be deemed to GRAL CURB PROJECT NO. 1 on have waived all objections thereto. the following named street: Said improvements shall be COD- Grandview Avenue from the structed and done in accordance W.P.L. of Southern Avenue to with the plans and specifications the S.P.L. of Delhi Street, at which have been prepared there- an estimated cost of $399,753.- fore by the City Engiueer which 78, presented and read. have been approved by the City Mayor Ludwig moved approval Council and are now on file with of the resolution. Seconded by the City Clerk. That the cost aud Councilman Schultz. Carried by the expense of making said improve- following vote: ment will be assessed upon and Yeas _ Mayor Ludwig, Council- against all privately owned prop- men Pfohl, Pregler, Schultz. erty lying within assessable dis~ Nays _ None. tance provided by law and in an Absent _ Councilman McCauley. amount not to exceed the amount provided by law, property will be assessed whether the same abuts thereon or is adjacent thereto ac- cording to area and in proportion to the special benefits conferred thereby, and any deficiency shall be paid out of tbe 135J Road Use Tax Fund. Bonds shall be issued and sold in anticipation of deferred contract has been performed and payments of assessments when a contract has been performed and accepted and the proceeds thereof used to pay the contractor. The railway portion of any street or assessment district shall be assess- ed to and paid by the railway com- Grandview Avenue from the W.P.L. of Southern Avenue to the S.P.L. of Delhi Street. Attest: Leo F. Frommelt, City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Schultz. Carried by the following vote: Yeas - Mayor Ludwig, Council- men Pfohl, Pregler, Schultz. Nays - None. Absent - Councilman McCauley. Attest: 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, Council- men Pfohl, Pregler, Schultz. Nays-None. Absent - Councilman McCauley. RESOLUTION NO. 104-67 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. Name Address Betty Reisdorf, 201 East 22nd Street Richard Alderson, 2401 Windsor Avenue (Effective May 1, 1967) BE IT FURTHER RESOLVED that the bonds filed with the appli- cation be approved. Passed, adopted and approved this 17th day of April, 1967. Richard Ludwig Mayor Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler Councilmen Special Special Session, April 17, 1967 the same for each different type of construction and kind of mater- ial to be used. 5. In each case the amount thereof which is estimated to be assessed against each lot, for the City of Dubuque, 1967, Concrete Paving With Integral Curb Project No. 1 on the following named street: Attest: Leo F. Frommelt, City Clerk Councilman Pfohl moved adop- tion of the resolution. Seconded (Fixing date of hearing) RESOLUTION NO. 103-67 WHEREAS, the City Couucil of the City of Dubuque, Iowa, has by Resolution No. 101-67 given its preliminary approval on the pro- posed plans, specifications and form of contract and placed same on file in the office of the City Clerk for public inspection, for the CITY OF DUBUQUE 1967 CONCRETE PAVING WITH INTE- GRAL CURB PROJECT NO. 1 and, WHEREAS, the proposed Resolu- tion of Necessity for said improve- ment has been introduced and is now on file in the City Clerk's of- fice for public inspection, BE IT THEREFORE RESOLVED that on the 22nd day of May, 1967, a public hearing will be held at 7:30 o'clock P.M. D.S.T. in the Council Chamber in the City of Dubuque at which time the own- ers of property subject to assess- ment for the proposed improve- ment may appear and make objec- tion to the proposed plans and specifications and proposed form of contract and at the same time to the boundaries of the proposed district, to the cost of the improve- ment, to the amount proposed to be assessed against any lot and to the passage of the proposed Reso- lution of Necessity and the City Clerk be and he is hereby directed to cause a notice of the time and place of such hearing to be pub- lished in some newspaper pub- lished in the City of Dubuque, the last of which shall not be less pany. The above resolution was intro- duced, approved and ordered plac- ed on file with the City Clerk this 17th day of April, 1967. Improvement) improved. improve- 3. Each lot proposed to be as- sessed together with a valuation fixed by the council. 4. An estimate of the cost of the proposed improvement, stating April Richard Ludwig Mayor Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler Councilmen for RESOLUTION NO. 102-67 WHEREAS, proposed pia n s, specifications, form of contract, plat and schedule have been duly prepared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk showing among oth- er things the following: 1. The streets to be width of such (Necessity 2. The ment. this 17th day of 194 Adopted 1967. 197 Yeas - Mayor Ludwig, Council men Pfohl, Pregler, Schultz. NaYS-None. Absent - CounCilman McCauley. There being no further business Councilman Pregler moved to ad. journ. Seconded by Councilman Pfohl. Carried by the following vote: Yeas - Mayor LUdwig, Council- men Pfohl, Pregler, Schultz. NaYs-None. Absent-councilman McCauley. Leo F. Frommelt, City Clerk. 967 967 o'u'ij'ciiilien' ..................................... CI17 Clerk ................................................... Special Session, April 17, 1967 Approved Adopted Attest RESOLUTION NO. 108-67 WHEREAS, applications for Liq- uor Licenses were filed by the within named applicants and they have received the approval of this Council, and WHEREAS, the premises to be Occupied by such applicants were inspected and found to comply with the State Law and all City ordinances relevant thereto and they have filed proper bonds; NOW THEREFORE BE IT RE- SOLVED by the City Council of Dubuque, Iowa, that the Manager be authorized to cause to be is- sued to the fOllowing named appli- cans a Liquor Permit. CLASS "C" COMMERCIAL ESTABLISHMENT Elizabeth A. Reisdorf, 201 East 22nd Street Knights of Columbus, DUbuque Council No. 510, 781 Locust Street Passed, adopted and approved this 17th day of April, 1967. Richard Ludwig Mayor Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler Councilmen Attest; Leo F. Frommelt. City Clerk Councilman Pfohl moved adop- tion of the resolution. Seconded by Councilman Schultz. Carried by the following vote: Session, April 17, 1967 BE IT FURTHER RESOLVED that the bonds filed by such appli- cants be and the same are hereby approved. Passed, adopted and approved this 17th day of April, 1967. Richard Ludwig Mayor Merliu F. Schultz Eldon A. Pfohl Walter A. Pregler Councilmen Attest: Leo F. Frommelt, City Clerk Councilman Schultz moved adop- tion of the resolution. Seconded by Councilman Pregler. Carried by the following vote: Yeas - Mayor Ludwig, Council- men Pfohl, Pregler, Schultz. Nays-None. Absent - Councilman McCauley. RESOLUTION NO. 107-67 WHEREAS, applications for Liq- uor Permits have been submitted to this Council for approval and the same have been examined, NOW THEREFORE BE IT RE- SOLVED, by the City Council of the City of Dubuque, Iowa, that the following applications be grant- ed and licenses issued upon the compliance with the terms of the IOWA UQUOR CONTROL ACT-- CHAPTER 123---as amended hy the 60th General Assembly, 1963. CLASS "C COMMERCIAL ESTABLISHMENT Elizabeth A. Reisdorf, 201 East 22nd Street Knights of Columbus, Dubuque Council No. 510, 781 Locust Street Passed, adopted and approved this 17th day of April, 1967. Richard Ludwig Mayor Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler Councilmen Attest: Leo F. Frommelt, City Clerk Mayor Ludwig moved adoption of the resolution. Seconded by Councilman Schultz. Carried by the following vote: Yeas - Mayor Ludwig, Council men Pfohl, Pregler, Schultz. Nays-None. Absent-Councilman McCauley. RESOLUTION NO. 105-67 WHEREAS, applications for Beer Permits have been submitted to this Council for approval and the same have been examined: NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the following applica- tions be granted and licenses be issued upon the compliance with the terms of the ordinances of the City. CLASS "B" BEER PERMIT Elizabeth A. Reisdorf, 201 East 22nd Street Passed, adopted and approved this 17th day of April, 1967. Richard Ludwig Mayor Merlin F. Schultz Eldon A. Pfohl Walter A. Pregler Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pregler moved adop- tion of the resolution. Seconded by Councilman Schultz. Carried by the following vote: Yeas - Mayor Ludwig, Council- men Pfohl, Pregler, Schultz. Nays-None. Absent-Councilman McCauley. RESOLUTION NO. 106-67 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 with the ordinances of this City and they have filed proper bonds: NOW THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the Manager be and he is hereby directed to issue to the following named applicants a Beer Permit. CLASS "B" BEER PERMIT Elizabeth A. Reisdorf, 201 East 22nd Street Special by Councilman Pregler. Carried by the fOllowing vote: Yeas - Mayor Ludwig, Council men Pfohl, Pregler, Schultz. Nays-None. Absent-Councilman McCauley. 196