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Y Roll_35 Part 02:376 Special Session, November 6, 1963 _ CITY COUNCIL OFFICIAL. Special Session, Aember 6, 1963. Council met at 7:30 P.M. C.S.T. Present — Councilmen Horgan, Schreiber. Takos, City Manager Gilbert D. Chavenelle. Absent — Mayor Kean, Council- man Schaller. Councilman Takos moved that Councilman Schreiber be appoint- ed presiding officer pro tem of the meeting in the absence of Mayor Kean. Seconded by Council- man Horgan. Carried by the fol- lowing vote: Yeas—Presiding officer pro tem Schreiber, Councilmen Horgan, Ta- kos. Nays—None. Absent — Mayor Kean, Council- man Schaller. Presiding officer pro tem Schreiber read the call and stated that service thereof had been duly made and this meeting is called for the purpose of declaring the results and submitting a can- vass of the Regular Municipal )flection held on November 5, 1963 for Councilmen — Regular Term; Park Commissioner—Regu. lar Term; Park Commissioner — Unexpired Term; Judges, Clerk and Bailiff for the Municipal Court; Television Franchise; Day. light Saving Time for 1964 and 1965, and acting on any other busi- ness as may properly come before a Regular Meeting of the City Council. November 6, 1963. To the Members of the City Council, Gentlemen: In accordance with the provis- ions of Section 50.21 of the 1962 Code of Iowa, on November 6, 1963, we made a public canvass of the election returns of the REG- ULAR MUNICIPAL ELECTION held on November 5, 1963, and herewith submit the report of said canvass. We, James J. Kean, Mayor of the City of Dubuque, Iowa and Leo F. Frommelt, City Clerk of the City of Dubuque, Iowa, do hereby certify that we publicly canvassed the election returns of the REGULAR MUNICIPAL ELEC- TION held on November 5, 1963, and find the following results: Nominated by General Election for Councilmen: Richard Ludwig 7381 votes Eldon A. Pfohl 5937 votes Nominated by General Election for Park Commissioner—Regular Term. Allan R. Kingsley 7194 votes Nominated by General Election for Park Commissioner—Unexpired term 12-31-65 Dominic W. Goodmann 8534 votes Nominated by General Election for Municipal Court, by write in on Municipal Judiciary Ballot Court Judges Edward D. Failor 8694 votes Frank D. Gilloon Jr. 7603 votes Court Clerk Joseph A. Stieber 5507 votes Court Bailiff Elmer D. Johanningmcier 5131 votes Respectfully submitted, James J. Kean Mayor Leo F. Frommelt City Clerk Presiding officer pro tem Schrei- ber moved that the canvass be re- ceived and made a matter of rec- ord. Seconded by Councilman Hor- gan. Carried by the following vote: Yeas—Presiding officer pro tem Schreiber, Horgan, Takos. Nays—None. Absent—Mayor Kean, Council man Schaller. RESOLUTION NO. 226-63 WHEREAS, the Mayor and City Clerk have heretofore pursuant to the provisions of Section 50.21 Code of Iowa 1962 met and can- vassed the returns of the REGU- LAR MUNICIPAL ELECTION held in the City of Dubuque, November 5, 1963, and certified the results of their canvass to the City Council; and WHEREAS, the City Council has examined said certificate and finds that the following have been elected for the following offices; Councilmen For Term Beginning January 1, 1964 Richard Ludwig Eldon A. Pfohl Special Session, Novernivr 6, 1%3 377 w t W > O O t - O M N t"R " O o p pq E Q ttl d' 00 M M to .r [c O� CD Q1 M w Q V H O 1- 1 o: 3 c WIV E m m O Qs t0 m Z aC C_ p M M cD O 00 w O M CD IV to m M N r. M O W E O CO to �!' M d' oo N M N w M to CO oo O H H 00 �o 0 W at O0 - VX -�.. .MO Y W C o M M C, N 6n .-� t- CO r c- m d, ., r m O. .-+ M --� O 01 tO to M m O -� M CO N N CO N r OL Z t C M M --� -+ -� M .-� N N .-r -+ N Cl M N Q� �m M at W CD aC -' m W [� d� C� tO 07 O 00 O h [` m 'r O w N 4 M �C In Cv� to Of In �p > O �_^ �!' M N d' •-• .~-� N N N N N d' O Z vi F- Y W 4 Z t oC O Q J VV � OL ate+ tp J aC OL C p� Q) d0' M yN� O CO g Op N C VO' r W �( A C cO 2 M N V' t0 .�+ N N W CL Q Y J Q a V LL 7 d' M N N uN7 N N d` M do to d' LO N Dt L W t �' CO Ln M N d' CNO CV ,-+ M M N d� N LO W O t J_ Vf V Z Q_ C Z oo M O to 00 tOD N N CO tD N '� O V M V 00 d Ni M N N N d N N M d M to O M W on u In N N cc m M d� N M d' 00 E- a( J r � v o v c c t Yc t c y n :° .O .�• N M d' tt 7 w t- tx m a 378 Special Session, November 6, 1%3 1 W po o0 t� tO Q W N Q� N I cn °m N w m O C o � co F o Q N M M M aD Q tf7 00 r 00 M N { F- > V .. 1 Y a� CO m N M M N [` N M N N .-+ A M M m LD y 0 " [n [n Ui M -W e! �+ M N CJ C+� N O E oC CD 10 Cp L CO CD 00 O QJ OD .ti N .N�i N LL ri 10 P L � V LLd '^ a p E Y J C CM`S N d' t- N tCpp M t- 00 N d" t- N M [A N N N N W _E < <n ~ m 00 W o w C O > v O Z CL 0 n m ,`� w 0000 M t- M N ceq 'r'c w o u0 0�+ W Om X J W Y Q 4 J N V 0 H ~ t9 � W ` -M C M N M CD CA M yy�� ttpp 00 + M C 00 ? O: O [n [� ' O M M .r Of O to N O N M N In n LL H D M N to a .+ M N [fJ M w Ln W Jc Ln Ct�vj� MM co S O N N N 00 00 t0 N tp --� 00 CA M CM,J O: CO O D CVCl CO I- M r c C N N id LLLI N M W CC L� 0~D p .-� N M V� In CD NCL — .-� .-y .--i — .-+ — � Special Session, November 6, 1483 379 Park Commissioner Regular Term Commencing January 1, 196" year term. Allan R. Kingsley Park Commissioner Unexpired Term to 12-31-65 Dominic W. Goodman Municipal Court Judges Term Commencing 1.1-64 4 year term. Edward D. Failor Frank D. Gilloon, Jr. Municipal Court Clerk Term Commencing 1-1-64 4 year term. Joseph A. Stieber. Municipal Court Bailiff Term Commencing 1-1.64 4 year term. Elmer D. Johanningmeier. Section 1. That Richard Lud- wig and Eldon A. Pfohl are hereby declared elected to the office of Councilman of the City of Dubu- que for the terms commencing on or before noon of the second secular day of January 1964. Section 2. That Allan R. Kings- ley is hereby declared elected to the office of Park Commissioner of the City of Dubuque for the regu- lar term commencing on or before noon of the second secular day of January 1964. Section 3. That Dominic W. Goodmann is hereby declared elected to the office of Park Com- missioner for the unexpired term to 12.31-65. Section 4. That Edward D. Failor and Frank D. Gilloon Jr. are hereby declared elected to the Municipal Court as Judges for four year terms beginning January 1, 1964. Section 5. That Joseph A. Stieber is hereby declared elected to the Municipal Court as Clerk for a four year term commencing January 1, 1964. Section 6. That Elmer D. Johan. ningmeier is hereby declared elected to the Municipal Court as Bailiff for a four year term com- mencing January 1, 1964. Section 7. That the City Clerk he and he is hereby authorized and directed to issue certificates of election to the foregoing indivi- duals for the respective offices tc which they have been elected. Passed, adopted and approved this 6th day of November 1963. JOHN P. SCHREIBER Presiding officer pro tem PETER J. TAKOS ROBERT J. HORGAN Councilmen Attest: LEO F. FROMMELT City Clerk Presiding officer pro tem Schrei- ber moved adoption of the. resolu- tion. Seconded by Councilman Horgan. Carried by the following vote: Presiding off Schreiber, Cou Takos. Nays—None. Absent—Mayor man Schaller. icer Pro Tem rt cilmen Horgan, Kean, Council - November 6, 1963 To the Members of the City Council Gentlemen: We have made a public canvass of the election returns on the fol- lowing question submitted to the voters of the City of Dubuque on November 5, 1963. "Shall the following public mea- sure be adopted? Shall the City of Dubuque, Iowa observe Daylight Saving Time during the year 1964 and during the year 1965?" and herewith submit the report of the results of said canvass. Precinct Yes No Total 1st 669 236 905 2nd 679 200 879 3rd 331 243 574 4th 248 162 410 5th 370 168 538 6th 642 291 933 7th 142 110 252 8th 325 178 503 9th 193 184 377 10th 374 203 577 lith 500 295 795 12th 318 212 530 13th 360 336 696 14th 491 342 833 15th 400 242 642 16th 704 296 1000 Totals 6746 3698 10444 We, James J. Kean, Mayor of the City of Dubuque, Iowa, and Leo F. Frommelt, City Clerk of the City of Dubuque, Iowa, do hereby cer- tify that we publicly canvassed the election returns of the public mea- sure submitted to the voters on 330 Special Session, November 6, lW3 the proposition of Daylight Savirg Time held on November 5, 1963, and found the af:,rementioned re- sults. Respectfully submitted, LEO F. FROMMELT. City Clerk JAMES J. KEAN, Mayor Councilman Takos moved that the canvass be received and made a matter of record. Seconded by Presiding officer pro tem Schrei- ber. Carried by the following vote: Presiding officer pro tem Schrei- ber, Councilmen Horgan, Takos. Nays—None. Absent—Mayor Kean. Council- man Schaller. RESOLUTION NO. 227.63 WHEREAS the Mayor and City Clerk of the City of Dubuque today met and canvassed the votes at the Regular Municipal Election on the following question submitted to the electors of the City of Du- buque: "Shall the following public mea- sure be adopted? Shall the City of Dubuque, Iowa, observe Daylight Saving Time during the year 1864 and during the year 1965?" WHEREAS the result of such canvass was found to be as follows: YES 6746 NO 3698 WHEREAS it appears from such canvass that such public measure as voted upon was adopted by a majority of those voting thereon: NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Council accepts the result of said election as the official expression of the will of the people of the City of Dubuque, Iowa, on the issue of Daylight Saving Time. Passed, adopted and approved this 6th day of November 1963. JOHN P. SCHREIBER Presiding officer pro tem PETER J. TAKOS ROBERT J. HORGAN Councilmen Attest: LEO F. FROMMELT, City Clerk Councilman Takos moved the adoption of the resolution. Second- ed by Presiding officer pro tem Schreiber. Carried by the follow ing vote: Presiding officer pro tem Schrei. her, Councilmen Horgan, Takos. Nays—None. Absent—Mayor Kean, Council. man Schaller. November 6, 1963 To the Members of the City Council Gentlemen: We have made a public canvass of the election returns on the fol- lowing question submitted to the voters of the City of Dubuque on November 5, 1963. "Shall the following public mea- sure be adopted? Shall the follow- ing Franchise Ordinance No. 25-63, as enacted by the City Council of the City of Dubuque on the 16th day of September 1963 be adopt- ed?" and herewith submit the report of the results of said canvass. Precinct Yes No Total 1st 640 148 788 2nd 645 140 785 3rd 402 113 515 4th 266 98 364 5th 361 89 450 6th 657 154 811 7th 186 40 226 8th 380 89 469 9th 261 86 347 10th 413 102 515 lith 577 141 718 12th 413 86 499 13th 477 164 641 14th 530 202 732 15th 454 121 575 16th 662 207 869 Total 7324 1980 9304 We, James J. Kean, Mayor of the City of Dubuque, Iowa, and Leo F. Frommelt, City Clerk of the City of Dubuque, Iowa, do hereby cer- tify that we publicly canvassed the election returns of the public mea- sure submitted to the voters on the adoption of the Television Franchise Ordinance on November 5, 1963 and found the aforemen- tioned results. Respectfully submitted, LEO F. FROMMELT, JAMES J. KEAN, City Clerk Mayor Presiding officer pro tem Schrei- ber moved that the canvass be re- ceived and made a matter of rec- ord. Seconded by Councilman Hor- Special Session, November 6, 1963 381 gan. Carried by the following vote: Yeas—Presiding officer pro tem Schreiber, Councilmen Horgan, Takos. Nays—None. Absent—Mayor Kean, Council. man Schaller. RESOLUTION NO. 228-63 WHEREAS, a special municipal election was held on November 5. 1963, in the City of Dubuque, pur. suant to Mayor's Proclamation, Notice of Special Election at which election the following question or proposition was submitted to the electors of the City of Dubuque, as provided by the Statutes of Iowa. namely, to -wit: Shall the following public mea- sure be adopted? That Dubuque, T.V.-F.M. Cable Company, Division of H. & B. Communications Corporation, a Delaware Corporation, its success- ors and assigns, be granted a fran- chise to erect, maintain and oper- ate television transmission and dis- tribution facilities in the streets and public places of the City of Dubuque in accordance with the terms of a proposed ordinance; and WHEREAS. the votes cast at such election were canvassed by the City Council on November 6, 1963, at a special meeting of said City Council called into session for said purpose and the result found to be as follows: YES 7,324 NO 1,980 and WHEREAS, it appears from such canvass that a majority of all the electors voting at said special elec- tion voted in favor of the above proposition. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF DUBUQUE, IOWA: That in compliance with the wishes of the people expressed at the special election held on No vember 5, 1963, the above public measure has been approved and the same is hereby declared to be passed. Passed, adopted and approved this 6th day of November, 1963. JOHN P. SCHREIBER Presiding officer pro tem PETER J. TAKOS ROBERT J. HORGAN Councilmen Attest: LEO F. FROMMEI.T, City Clerk Presiding officer pro tem Schrei- ber moved the adoption of the reso. lution. Seconded by Councilman Horgan. Carried by the following vote: Yeas—Presiding officer pro tem Schreiber, Councilmen Horgan, Takos. Nays—None. Absent—Mayor Kean, Council- man Schaller. Presiding officer pro tem Schrei- ber moved that the City Clerk be authorized to publish Ordinance No. 25-63, an Ordinance granting to Dubuque TV -FM Cable Company, Division of H & B Communications corporation, its successors and as- signs, the right to operate and maintain transmission TV cable facilities in the City for a period of twenty years. Seconded by Council- man Takos. Carried by the follow- ing vote: Presiding officer pro tem Schrei- ber, Councilmen Horgan, Takos. Nays—None. Absent—Mayor Kean, Council- man Schaller. Presiding officer pro tem Schrei- ber moved that the Machine in- spectors, Judges and Clerks be paid according to law for services rend- ered at the Primary and General Elections. Seconded by Councilman Horgan. Carried by the follow- ing vote: Yeas—Presiding officer pro tem Schreiber, Councilmen Morgan, Takos. Nays—None. Absent—Mayor Kean, Council- man Schaller. There being no further business Councilman Takos moved to ad- lourn. Seconded by Councilman Horg'm. Carried by the following vote: Yeas—Presiding officer pro tem 382 Special Session, November 6, 1983 Schreiber, Councilmen Horgan, Takos. Nays—None. Absent—Mayor Kean, Council- man Schaller. LEO F. FROMMELT, City Clerk Approved Feb. . ..'.... y...l0.........1964. ....... IhA Adopted ... G'b 0 city cleric Special Session, November 18, 1963 3B3 Board of Health (OFFICIAL) Special Session, November 18, 1963 Board met at 7:30 P.M. C.S.T. Present—Chairman James J. Kean, Messrs. Robert J. Horgan, Louis Schaller, John P. Schreiber, Peter J. Takos. Dr. Albert .1. Entringer. Proof of Notice of hearing sent to Mr. William Kaiser of 2715 University Ave., dated November 6, 1963, by Sanitarian Inspector Miller, presented and read. A statement by Arnold J. Leytem guaranteeing the necessary finan- cing for the installation of plumb• ing for the William Kaiser resi- dence was also presented and read. Mr. John P. Schreiber moved that the action taken in the Kaiser case be approved. Seconded by Mr. Robert J. Horgan. Carried by the following vote: Yeas—Chairman James J. Kean, Messrs. Robert J. Horgan, Louis Schaller, John P. Schreiber, Peter J. Takos. Nays—None. Communication of Dr. Albert J. Entringer submitting a report of the delapidated condition of the house at 1749 Catherine Street based on an inspection made November 4, 1963, staling that all efforts to convince present owners and occupants of the economics of the situation have failed, and that as a result orders to vacate were issued as provided in Section 3.8 of Ordinance No. 13.63, presented and read. Mr. John P. Schreiber moved that the recommendation of Dr. Entringer be approved. Seconded by Mr. Robert J. Horgan. Carried by the following vote: Yeas—Chairman James J. Kean, Messrs, Robert J. Horgan, Louis Schaller, John P. Schreiber, Peter J. Takos. Nays—None. Dr. Entringer and city chemist Arthur Roth made a report on the air pollution problem in the city. Arrangements are being made to set up air sampling stations throughout the City. This may be the inauguration of a program that could take three years for com- pletion. There being no further business Mr. John P. Schreiber moved that the Board of Health meeting adjourn. Seconded by Mr. Robert J. Horgan. Carried by the following vote: Yeas—Chairman James J. Kean, Messrs, Robert J. Horgan, Louis Schaller, John P. Schreiber, Peter .1. Takos. Nays -None. Leo F. Frommelt Clerk Board of Health Feb' 10 Approved ................ ..................1964. Feb' y 10 Adopted ...................... ...........1H84. �..'.............: e�...— Members Board of Health . ................ Attest: .. . ............................................ Clerk Board of Health 384 Special Session, November 18, 1963 CITY COUNCIL OFFICIAL Special Session November 18, 1963. Council met at 7:50 P.M. Present—Mayor Kean, Council- men Horgan, Schaller, Schreiber, Takos. City Manager Gilbert D. Chavenelle. Mayor Kean read the call and stated that service thereof had been duly made and this meeting is called for the purpose of evalu- ating bids submitted for the con- struction of an 84" storm sewer in Lot 6 of Block 23 of Clover Hills Addn. to a point approximate- ly 100' easterly and acting on any other business as may properly come before a regular meeting of the City Council. Proof of Publication, certified to by the Publisher, of Regular Mu- nicipal Election Ballot showing candidates for Councilmen and Park Commissioners for November 5, 1963 election, presented and read. Councilman Schaller moved that the proof of publication be received and filed. Seconded by Councilman Schreiber. Carried by the following vote: Yeas—Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Takos. Nays—None. Proof of Publication, certified to by the Publisher, of the Munici- pal Judiciary Ballot for Municipal Court Judge, Court Clerk and Court Bailiff for November 5, 1963, election, presented and read. Coun- cilman Schaller moved that the proof of publication be received and filed. Seconded by Councilman Schreiber. Carried by the following vote: Yeas—Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Takos. Nays—None. Proof of Publication, certified to by the Publisher, of Notice of Mayor's Proclamation and Notice of Regular Election on November 5, 1963 granting a Television Fran- chise, presented and read. Council. man Schaller moved that the proof of publication be received and filed. Seconded by Councilman Schreiber. Carried by the follow- ing vote: Yeas—Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Takos. Nays—None. Proof of Publication, certified to by the Publisher, of Regular Municipal Election Ballot of the Television Franchise Proposition on November 5, 1963, presented and read. Councilman Schreiber moved that the proof of publica- tion be received and filed. Second- ed by Councilman Schaller. Car- ried by the following vote: Yeas—.Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Takos. Nays—None. Printed Council proceedings pre- sented for approval for the months of May and June 1963. Councilman Schreiber moved that the Council proceedings for the months of May and June 1963 be approved as printed. Seconded by Councilman Takos. Carried by the following vote: Yeas—Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Takos. Nays—None. November 15, 1963 To the! Honorable Mayor and City Council Gentlemen: I herewith submit reports of the City Auditor, City Treasurer, City Health Department and City Water Works for the month of October, 1963, as well as a list of claims and payrolls for which warrants were issued for the month of Oc- tober, 1963. Respectfully submitted, Gilbert D. Chavenelle City Manager Councilman Schaller moved that the reports be received and filed. Seconded by Councilman Schreib- er. Carried by the following vote: Yeas—Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Takos. Nays—None. Proof of Publication, certified to by the Publisher, of Statement of Receipts and a list of claims for which warrants were issued dur- ing the month of October 1963, presented and read. Councilman Schaller moved that the proof of publication be re- ceived and filed. Seconded by Councilman Horgan. Carried by the following vote: Yeas—Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Takos. Nays—None. Special Session, November 18, 1963 385 November 18, 1963 To the Iionorable Mayor and City Council Gentlemen: The petition of Mrs. Harry E. Russow and others requesting the erection of a street light at the corner of the area at 2660 Queen Street was referred to the City Manager and Electrical Inspector for investigation and report. After an investigation of the street lighting at this area by the Electrical Inspector, it is recom- mended that one 4000 lumen in- candescent street light be erected at the north extremity of Queen Street. Respectfully submitted, Gilbert D. Chavenelle City Manager Councilman Schaller moved that the recommendation of the City Manager be approved. Seconded by Councilman Horgan. Carried by the following vote: Yeas—Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Takos. Nays—None. November 18, 1963 To the Honorable Mayor and City Council Gentlemen: A petition from Kathryn Cody and others requesting another street light on Mazzuchelli Drive between James and Cardiff Streets was referred to the City Manager for report. After an investigation of this area by the electrical department, it is recommended that one 4000 lumen incandescent street light be installed at mid -point on Maz- zuehelli Street between James and Cardiff Streets. Respectfully submitted, Gilbert D. Chavenelle City Manager Councilman Schaller moved that the recommendation of the City Manager be approved. Seconded by Councilman Schreiber. Carried by the following vote: Yeas—Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Takos. Nays—None. November 18, 1963 To the Honorable Mayor and City Council Gentlemen: A petition from Mrs. R. Menning and others requesting the instal- lation of street lights on Rosedale Avenue was referred to this office for investigation. After investigating this location, it is determined that two street lights (4000 lumen incandescent) be installed at the following loca- tions: 1—on pole located between 1280 and 1284 Rosedale 1—at the intersection of Vincent and Rosedale Respectfully submitted, Gilbert D. Chavenelle City Manager Councilman Schaller moved that the recommendation of the City Manager be approved. Seconded by Councilman Schreiber. Carried by the following vote: Yeas—Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Takos. Nays—None. November 18, 1963 To the Honorable Mayor and City Council Gentlemen: Permission is hereby requested to erect a demonstration light on South Main Street, east side, ap- proximately 300 feet south of Jones Street near the International Har- vester Company. This light will be a 250 watt color corrector mercury vapor, erected on a city owned standard. Respectfully submitted, Gilbert D. Chavenelle City Manager Councilman Schaller moved that the recommendation of the City Manager be approved. Seconded by Councilman Schreiber. Carried by the following vote: Yeas—Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Takos. Nays—None. November 18, 1963 To the Honorable Mayor and City Council Gentlemen: A phone request has been re- ceived by this office for the in- stallation of additional street lights on Windsor Avenue between Edwards and Pfotzer Streets. An investigation by the Electri- cal Inspector was made and it is determined that two 4000 lumen incandescent street lights be in- stalled at the following locations: 1—Intersection of Pfotzer and Windsor Avenue W Special Session, November 18, 1963 1—Intersection of Edwards and Windsor Avenue. Respectfully submitted, Gilbert D. Chavenelle City Manager Councilman Schaller moved that the recommendation of the City Manager be approved. Seconded by Councilman Schreiber. Carried by the following vote: Yeas—Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Takos. Nays—None. November 18, 1963 To the Honorable Mayor and City Council Gentlemen: The Engineering Department has completed a preliminary report on the odor problem originating at the Sewage Treatment Plant. The purpose of this report is to inform you as to the causes of the odors, the problems of sludge disposal, and the methods of sludge disposal that are being investigated. A copy of the report is attached. Very truly yours, Gilbert D. Chavenelle City Manager Councilman Schreiber moved that the report be received and filed. Seconded by Councilman Schaller. Carried by the following vote: Yeas—Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Takos. Nays—None. November 11, 1963 Hon. Mayor and City Council Gentlemen: Claim for damages was filed by Mrs. Helen Phillips, mother of William Phillips, for the said Wil- liam Phillips of 2230 West 3rd St., Dubuque, Iowa, which accident al- legedly occurred on January 2, 1963, alleging an accumulation of slush on sidewalk at 462 West 3rd Street resulting in a fall and in- juries to the said William Phillips. I have made an investigation of this matter and find there is no actionable negligence on the part of the City of Dubuque and there. fore recommend denial of the fore. going claim. Original claim is attached here- to. Respectfully submitted, R. N. Russo City Attorney Councilman Schreiber moved that the recommendation of the City Attorney be approved. Second- ed by Councilman Takos. Carried by the following vote: Yeas—Mayor Kean, Councilmen Horgan. Schaller, Schreiber, Takos. Nays—None. November 11, 1963 Hon. Mayor and City Council Gentlemen: On March 1, 1963, Paul Erschen, 14501h Southern Ave. filed claim against the City of Dubuque claim- ing damages to his vehicle on Feb- ruary 22, 1963 at 1020 Southern Avenue in the City of Dubuque alleging damages as a result of striking an unfilled ditch. I have made an investigation of this matter and find no actionable negligence on the part of the City and therefore recommend denial of said claim. Original claim is attached here- to. Respectfully submitted, R. N. Russo City Attorney Councilman Schhreiber moved that the recommendation of the City Attorney be approved. Second- ed by Councilman Takos. Carried by the following vote: Yeas—Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Takos. Nays—None. November 11, 1963 Hon. Mayor and City Council Gentlemen: On February 4, 1963, Miss Anna VanDuelman, 2043%, Washington St., Dubuque, Iowa, filed claim against the City in an unspecified amount for injuries allegedly re- ceived on December 25, 1962 as a result of a fall at 1887 Jackson St. alleging a defective sidewalk thereat by reason of ice and snow. I have made an investigation of this matter and it is my opinion that there is no actionable negli- gence on the part of the City of Dubuque and therefore recommend denial of said claim. Original claim is attached here- to. Respectfully submitted, R. N. Russo City Attorney Councilman Schreiber moved that the recommendation of the City Attorney be approved. Second- ed by Councilman Horgan. Carried by the following vote: Yeas—Mayor Kean, Councilmen Special Session, November 18, 1W3 387 Horgan, Schaller, Schreiber, Takos. Nays—None. Notice of claim of John J. Swift, in an estimated amount of $30 to $35. for damage to his car as the result of striking a protruding curb section at 17th and Jackson Street on November 6, 1963, pre- sented and read. Councilman Schal. ler moved that the notice of claim be referred to the City Solicitor for investigation and report. Seconded by Councilman Schreiber. Carried by the following vote: Yeas—Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Takos. Nays—None. Notice of Suit of Rose Churchill in the amount of $9500. for per- sonal injuries received in a fall on a defective walk at 22nd and Johnson Avenue on August 17, 1963, presented and read. Council- man Schaller moved that the no. tice of suit be referred to the City Solicitor for investigation and report. Seconded by Councilman Takos. Carried by the following vote: Yeas—Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Takos. Nays—None. November 14, 1963 To the Honorable Mayor and City Council Gentlemen: The petition of Unehan and Molo Inc. and Anthony Helling re- questing vacation of Peabody Street has been considered by the Planning & 'Zoning Commission. The petitioners outlined plans for development in this area if the street were vacated and they could secure same, they are the owners of property abutting said requested area. The objectors from the area were heard and all phases were con- sidered. The Planning and Zoning Com- mission sees no need for Peabody Street for street purposes and rec- ommends vacation of same pro. vided all needed easements are retained by the City. Respectfully submitted, Dubuque Planning & 'Zoning Commission Owen Riley Secretary Mayor Kean moved that the rec- ommendation be approved and re- ferred to the City Manager and City Solicitor for proper proceed Ings. Seconded by Councilman Takos. Carried by the following vote: Yeas—Mayor Kean, Councilmen Horgan, Schaller, Schreiber. Takos, Nays—None. Councilman Schreiber moved that the rules be suspended in order to let anyone present ad- dress the Council if they so desire. Seconded by Councilman Takos. Carried by the following vote: Yeas—Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Takos. Nays—None. Attorney Francis J. O'Connor representing the Molo and Helling interests addressed the Council by stating that the purpose in vacat- ing Peabody street would be to accommodate improvement of the Dodge House Motel. The upper end of Peabody was conveyed in 1947 to the Sisters at Mercy Hospital. Some objections were raised as to using Peabody street for parking purposes. There is no obligation on the part of the City to provide off-street parking. All the abutting property is owned by Molo. Prior to the building of Sandy's restaur- ant the property tax was $94.87. After Sandy's was built the prop- erty taxes jumped to 1077.00 for 1962. After the Dodge House Mo- tel was built the property tax went to $4377.00 for 1963. After the 29 additional units are built on to the present motel structure no doubt the tax figure will be around $5000. payable in 1965. Mr. Tony Helling stated that 33 people are presently employed at Sandy's, 22 people at the Dodge House and the additional improvement will call for the employment of an additional 15 persons. Mr. James Corbett of 770 Dodge Street stated that the Council had committed themselves to the use of Peabody street. Mrs. Robert McCabe of Springgreen Court stated that the Council should get an attorney general's opinion on the vacation of the street. City Solicitor Russo stated that there are no restrictions in thu grant which would prohibit vacating the street. The City is not obligated to use as a street. It could be sold back to the heirs. Mr. R. F. Sefzik of Clark Street stated that it is a breach of con. tract. Mr. Richard Accola of 784 Dodge Street, recently purchased 388 Special Session, November 18, 1983 his property, stated that since all the parking will be taken off Dodge street after January 1. 1464 it would really be a hardship on him and the Council should con- sider certain obligations to the people on the street. Evidently twelve property own. ers in the immediate vicinity will be without parking on Dodge street after January 1, 1964. Councilman Takos moved that the City Manager and staff be in- structed to pursue the parking problem relating to those twelve residents on Dodge street and sub. mit to the Council a proposal or proposals upon which the Council may act. Seconded by Mayor Kean. Carried by the following vote: Yeas—Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Takos. Nays—None. November 14, 1963 To the Honorable Mayor and City Council Gentlemen: The petition of Howard O. Pixler for rezoning of property at Dodge and Bluff Streets has been consid- ered by the Planning and Zoning Commission. The request covers property owned by Pixler and at the rear of frontage on Dodge and Bluff. The area is at the base of the hill and is suitable for develop- ment as an area. The Planning & Zoning Commis- sion recommends granting the re- quest. Respectfully submitted, Dubuque Planning & 'Zoning Commission Owen Riley Secretary Councilman Schreiber moved that the recommendation of the Planning & Zoning Commission be approved. Seconded by Councilman Schaller. Carried by the following vote: Yeas—Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Takos. Nays—None. ORDINANCE NO. 32.63. An Ordinance Amending the: Zoning Map and Zoning Ordinance known as Ordinance No. 3-34 of the City of Dubuque to change that part of Lot 1 of Pixler Place; Lot 2 of Pixler Place and Lot 7 of Out Lot 598 presently zoned as Two Family Residence District to Business District Classification, (northwest corner of Dodge and Bluff Sts.), presented and read. Councilman Schreiber moved that the reading just had be con- sidered the first reading of the Ordinance. Seconded by Council- man Schaller. Carried by the fol- lowing vote: Yeas—Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Takos. Nays—None. Councilman Schreiber moved that the rules be suspended re- quiring an Ordinance to be read on three separate days. Seconded by Councilman Schaller. Carried by the following vote: Yeas—Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Takos. Nays—None. Councilman Schreiber moved that a public hearing be held on the: ordinance on December 23, 1963 at 7:30 o'clock P.M. in the Council Chamber at the City Hall and that the Clerk be instructed to publish notice of the hearing in the manner required by law. Seconded by Councilman Schaller. Carried by the following vote: Yeas --Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Takos. Nays—None. November 14, 1963 To the Honorable Mayor and City Council Gentlemen: The petition of Seven Up Bot- tling Company for rezoning certain areas owned by them on University Avenue has been considered by the Planning & Zoning Commis- sion. This area is a recently annexed section and is occupied in part i by a substantial building. This area is suitable for indus- trial development. The adjoining property annexed at the same time and owned by Mrs. Tischhauser, 2769 University Avenue has been studied for cor- rect zoning. The Planning and Zoning Com- mission recommends that the prop- erty owned by Seven Up be zoned as Light Industrial District Classifi- cation and the property owned by Mrs. Tischhauser, 2769 University Ave. be zoned as Multiple Resi- dence District Classification to es- tablish a buffer zone between the Special Session, November 18, 1%3 389 Industrial area and the single fam- ily area. Respectfully submitted, Dubuque Planning & Zoning Commission Owen Riley Secretary Councilman Schreiber moved that the recommendation of the Planning & Zoning Commission be approved. Seconded by Councilman Schaller. Carried by the following vote: ' Yeas—Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Takos. Nays—None. ORDINANCE NO. 33-63. An Ordinance Amending the Zoning Map and Zoning Ordinance known as Ordinance No. 3-34 of the City of Dubuque, so as to in- clude and provide for zoning clas- sification for the area annexed to the City of Dubuque, Iowa, pur- suant to resolution No. 280.61 adopted December 4, 1961 and to Zone Lot 1 of Lot 1 of Lot 2 of Bonsons Farm Subdivision as Mul- tiple Family Residence District Classification (Tischhauser proper- ty at 2769 University Ave.) and to zone Lot 1 of Subdivision of Cor- rection Plat of Lot 2 of Lot 1 of Lot 2 of Bonson Farm Subdivision and Lot 2 of Correction Plat of Mineral Lot 248 as Light Industrial Classification. (Seven Up Property on University Ave.), presented and read. Councilman Schreiber moved that the reading just had be con- sidered the first reading of the Ordinance. Seconded by Council- man Schaller. Carried by the fol- lowing vote: Yeas—Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Takos. Nays—None. Councilman Schreiber moved that the rules be suspended re- quiring an Ordinance to be read on three separate days. Seconded by Councilman Schaller. Carried by the following vote: Yeas—Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Takos. Nays—None. Councilman Schreiber moved that a public hearing be held on the Ordinance on December 23, 1963 at 7:30 o'clock P.M. in the Council Chamber at the City Hall and that the Clerk be instructed to publish notice of the hearing in the manner required by law. Seconded by Councilman Schaller. Carried by the following vote: Yeas—Mayor Kean, Councilmen Horgan. Schaller, Schreiber, Takos. Nays—None. November 14, 1963 To the Honorable Mayor and City Council Gentlemen: The Planning and Zoning Com- mission has examined the subdi. vision plat of Block 8, Block 9. Block 10, Block 11, Block A and Block B in Key Knolls. This area is another part of a large planned development. The Plat has been approved by the Planning & Zoning Commission. Respectfully submitted, Dubuque Planning & Zoning Commission Owen Riley Secretary Councilman Schreiber moved that the communication be re- ceived and filed. Seconded by Councilman Schaller. Carried by the following vote: Yeas—Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Takos. Nays—None. RESOLUTION NO. 229.63 RESOLUTION APPROVING THE PLAT OF LOTS 1 to 5, INCLUS- IVE, OF BLOCK 8; LOTS 1 to 10, INCLUSIVE, OF BLOCK 9; LOTS 1 to 10 INCLUSIVE OF BLOCK 10; LOTS 1 to 10, INCLUSIVE, OF BLOCK 11; LOTS 1 to 9, INCLUS- IVE, OF BLOCK A, AND LOTS 1 to 4, INCLUSIVE, OF BLOCK B, IN "KEY KNOLLS SUBDIVISION" IN THE CITY OF DUBUQUE, IOWA. WHEREAS, there has been filed with the City Clerk a plat of the Subdivision of Lots 1 to 5, in- clusive, of Block 8; Lots 1 to 10, incivsive, of Block 9; Lots 1 to 10, inclusive, of Block 10; Lots 1 to 10, inclusive, of Block 11; Lots 1 to 9, inclusive, of Block A; and Lots 1 to 4. inclusive, of Block B, in "Key Knolls Subdivision" in the City of Dubuque, Iowa, by Hillcrest Builders, Inc.; and WHEREAS, upon said plat ap- pear streets and easements which the: owners by said plat have dedi. cated to the public forever; and WHEREAS, said plat has re- ceived final approval by the City of Dubuque Planning and Zoning Commission; and WHEREAS, said plat has been 310 Special Session, November 18. IW3 examined by the City Council, and said Council finds that the same conforms to the statutes and ordi- nances relating thereto and that the grades of said streets have been set but have not been estab- lished, and that the water mains and laterals, sanitary sewer mains and laterals, and curb and gutter on all the streets shown on said plat have been installed, together with cement surfacing on that portion of Key Way lying between Lots I to 4, inclusive, of Block B and Lots 6 to 9, inclusive of Block A, all in accord with City of Dubuque requirements, and that said streets have been reduced to grade as shown by the profile sub- mitted with the plat, and that the surfacing of the streets and the sidewalks on the lots included in the aforesaid plat have not been constructed: NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the dedication of Vizalea Drive, Hansel Drive, Phyllrich Drive, Norland Drive, and Key Way as shown on said plat, together with easements for public utilities as shown thereon, be and the same are hereby ac- cepted; Section 2. That the plat of the Subdivision of Lots 1 to 5, in- clusive, of Block S; Lots 1 to 10, inclusive, of Block 9; Lots 1 to 10, inclusive, of Block 10; Lots 1 to 10, inclusive, of Block 11; Lots 1 to 9, inclusive, of Block A; and Lots 1 to 4, inclusive, of Block B, in Key Knolls Subdivision in the City of Dubuque, Iowa, be and the same is hereby approved, and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Du- buque upon said plat, provided the owners of said property herein- after named, execute their written acceptance hereto attached, agree- ing: (a) To surface Vizalea Drive, H a n s e l Drive, Phyllrich Drive, Norland Drive, a n d Key Way for the distance shown on said plat with eith er bituminous concrete with combination cement curb anc gutter, or with 61/4" concrete paving with integral curb, al. in accordance with City of Dubuque standard specifica- tions; (b) To construct sidewalks as re- quired by City Ordinances; (c) To construct the foregoing improvements in accordance with the plans and specifica- tions approved by the City Manager under the inspection of the City Engineer and in the manner approved by the City Manager; (d) To maintain the street and sidewalk improvements for a period of four years from the date of their acceptance by the City of Dubuque and to maintain sanitary sewer and water mains for a period of four years from the date of their acceptance by the City of Dubuque; (e) To provide the foregoing con- struction and maintenance at the sole expense of the sub- divider, Hillcrest Builders, Inc., as owner; (f) To construct said improve- ments, except sidewalks, prior to September 1, 1964, and to construct the sidewalks prior to September 1, 1965; and further provided that said Hill- crest Builders, Inc., as owner of said subdivision, secure the per- formance of the foregoing condi- tions by providing security in such form and with such sureties as may be acceptable to the City Man- ager; Section 3. That in the event Hill- crest Builders, Inc., shall fail to execute the acceptance and pro- vide the security provided for in Section 2 hereof within 45 days from the date of this Resolution, the provisions hereof shall be null and void and the acceptance of the dedication and the approval of the plat shall not be effective. Passed, adopted and approved by unanimous recorded roll call this 18th day of November. A.D. 1963. JAMES ,l. KEAN Mayor JOHN P. SCHREIBER LOUIS SCHALLER PETER J. TAKOS ROBERT J. HORGAN Councilmen Attest: LEO F. FROMMELT City Clerk Special Session, November l8, 1963 391 CERTIFICATION This is to certify that the secur- ity provided by the foregoing Reso lution No. 229-63 has been pro- vided by the owner. Dated at Dubuque. Iowa, this ...... day of ....................... 1963. ............ ...... City Manager ACCEPTANCE OF RESOLUTION NO. 22963 Hillcrest Builders, Inc., being fa- miliar with the terms and condi- tions of the foregoing Resolution No. 22963 hereby accept the same and agree to perform the condi- tions required of it therein. Dated this 2nd day of December, A, D. 1963. HILLCREST BUILDERS, INC. By Russell L. Rafoth, V.P. Richard V. Ilansel, Sec. (Corporate Seal) November 14, 1963 To the Honorable Mayor and City Council Gentlemen: The petition of Hillcrest Build. ers Inc. requesting rezoning of cer- tain property in Key Knolls Sub- division has been considered by the Planning and Zoning Commis. sion. Objections were made to the zon- ing because of the single family area across Keymont Drive. The petitioners agreed to place a deed restriction on certain lots in this area confining same to single fam- ily residences. The actual zoning to two family would commence a buffer zone between the single family and multiple family dis- tricts. This is a gentlemen's agree- ment and cannot be inserted as a qualification in the Ordinance but it should serve its purpose. Therefore the Planning and 'Lon. ing Commission recommend that the zoning classification in the fol- lowing described areas be changed from Single Family Residence Dis- trict to Two Family Residence Dis- trict. Lots I to 5 inclusive, Block 8; Lots I to 10 inclusive, Block 9; Lot 1 to 10 inclusive, Block 10; Lots 1 to 10 inclusive, Block 11; Lots 1 to 9 inclusive, Block A; and bots 1 to 5 inclusive, Block B; All in Key Knolls Subdivision. Respectfully submitted, Dubuque I'lanning & Zoning Commission By Owen Riley, Secretary Councilman Schreiber moved that the recommendation of the Planning & Zoning Commission be approved. Seconded by Council- man Schaller. Carried by the fol- lowing vote: Yeas—Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Takos, Nays—None. ORDINANCE NO. 34.63 An Ordinance Amending the Zoning Map and Zoning Ordinance known as Ordinance No. 3-34 of the City of Dubuque to change Lots 1 to 5 inclusive Block 8, Lots 1 to 10 inclusive Block 9, Lots 1 to 10 inclusive Block 10, Tats 1 to 10 inclusive Block 11, Lots 1 to 9 inclusive Block A, and Lots 1 to 5 inclusive Block B all in Key Knolls Subdivision from their pres- ent Single Family Residence Dis- trict Classification, presented and read. Councilman Schreiber moved that the reading just had be con- sidered the first reading of the Ordinance. Seconded by Council- man Schaller. Carried by the fol- lowing vote: Yeas—Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Takos. Nays—None. Councilman Schreiber moved that the rules be suspended re- quiring an Ordinance to be read on three separate days. Seconded by Councilman Schaller. Carried by the following vote: Yeas—Mayor Kean, Councilmen Horgan. Schaller, Schreiber, Takos. Nays—None. Councilman Schreiber moved that a public hearing be held on the Ordinance on December 23, 1963, at 7:30 o'clock P.M. in the Council Chamber at the City Hall and that the Clerk be instructed to publish notice of the hearing in the manner required by law. Seconded by Councilman Schaller. Carried by the following vote: Yeas—Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Takos. Nays—None. Petition of Theresa Hubert of 2577 Greeley Street signifying an interest in the purchase of Ruth Street which abuts her property but has never been used for street purposes, presented and read, Councilman Schreiber moved that the petition be referred to the Planning and Zoning Commission. ;392 Special Session, November 18, 19G3 Seconded by Councilman Takos. Carried by the following vote: Yeas—Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Takos. Nays—None. Petition of Theresa Hubert et al requesting the erection of a street light at the dead end of Greeley street, presented and read. Council- man Schreiber moved that the petition be referred to the City Manager and Electrical Inspector for investigation and report. Seconded by Councilman Horgan. Carried by the following vote: Yeas—Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Takos. Nays—None. Petition of Al. Artus et al (25 signers) requesting elimination of the nuisances caused by George Saffran as to the storing of his equipment on Grandview & Boyer streets and junk scattered around his garages, and further request- ing that he be prevented from loading and unloading his heavy equipment on the newly paved street, presented and read. Council- man Takos moved that the petition be referred to the Manager for a report to the Council at the regular meeting of December 2, 1963. Seconded by Councilman Schreiber. Carried by the following vote: Yeas—Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Takos. Nays—None. Petition of Robert C. Sullivan requesting a reconsideration of the City's policy for the Industrial Island with the hope of sound local expansion that will have a trend to increase both tax revenue and pay- roll as the result of proposal by the Telegraph Ilehald to construct a job printing plant in East Dubu- que, presented and read. Council- man Schreiber moved that the petition be received and field. Seconded by Councilman Takos. Carried by the following vote: Yeas—Mayor Kean, Councilmen Horgan, Schaller, Schreiber. Takos. Nays—None. Petition of Peoples Natural Gas requesting permission to excavate in Pear street (10 year street), pre- sented and read. Councilman Schreiber moved that the petition be granted. Seconded by Council- man Horgan. Carried by the follow- ing vote: Yeas—Mayor Kean, Councilmen Iiorgan, Schaller, Schreiber. Takos. Nays—None. Petition of Perfection Oil Co. and Moes Bakery as a joiner in petition requesting permission to place a pole support for a sign between the sidewalk and curb at 1081 Univer- sity Ave. in front of Perfection service station in order to elimin. ate a hazard of access upon entry into the station, presented and read. Mr. Paul Moes addressed the Council in support of the petition. Councilman Schreiber moved that the petition be granted. Seconded by Councilman Schaller. Carried by the following vote: Yeas—Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Takos. Nays—None. Petition of Junior Chamber of Commerce requesting that Satur- day, November 23, 1963 be pro- claimed Mike Reilly Day in Du- buque, presented and read. Council- man Takos moved that the petition be referred to the Mayor. Seconded by Councilman Schreiber. Carried by the following vote: Yeas—Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Takos. Nays—None. Petition of Mrs. Robert McCabe of Springgreen Court suggesting that a written opinion be requested from the Attorney General's office relative to the status of right and abstracts for property owners on Dodge Street that have been granted certain rights in Peabody Street as the result of a gift by Archbishop Hennessey to the City of Dubuque, presented and read. Councilman Schaller moved that the petition be received and filed. Seconded by Councilman Takos. Carried by the following vote: Yeas—Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Takos. Nays—None. Petition of Delmar Gavin et al requesting the erection of lights in Cummins street subdivision at the turn -around. Councilman Schaller moved that the petition be referred to the City Manager and Electrical Inspector for investigation and report. Seconded by Councilman Schreiber. Carried by the following vote: Yeas—Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Takos. Nays—None. Petition of Kenneth F. Beaver requesting a refund of $50. on the Special Scission, November 18, 19&"3 393 unexpired portion of cigarette license No. 236, as he discontinued business on 9-20-63, presented and read. Councilman Schreiber moved that the petition be granted and the Auditor instructed to issue a warrant payable to Kenneth F. Beaver in the amount of $50. to cover the amount due on the un- expired portion of cigarette license No. 236. Seconded by Councilman Takos. Carried by the following vote: Yeas—Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Takos. Nays—None. Proof of Publication, certified to by the Publisher, of Notice of pen- dency of Resolution of Necessity for public improvements and hear- ing upon plans and specifications. form of contract, for the con. struction of an eighty-four inch (84") R. C. C. P. Storm sewer from the existing eighty-four inch sewer in Lot 6 of Block 23 of Clover Hills Addition to a point approx- imately one hundred feet easterly, presented and read. Councilman Schreiber moved that the proof of publication be received and filed. Seconded by Councilman Schaller. Carried by the following vote: Yeas—Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Takos. Nays None. (Necessity for Improvement) RESOLUTION NO. 209-63 Whereas, proposed plans, speci- fications, form of contract 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 show- ing among other things the follow- ing 1. The street to be improved. 2. The plan of such improve- ment. 3. An estimate of the cost of the proposed improvement. For the construction of an eighty-four inch (84") R.C.C.P. Storm Sewer from the existing eighty-four inch storm sewer in Lot 6 of Block 23 of Clover Hills Addition to a point approximately one hundred feet easterly. 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- provement, and unless property ,wners at the time of the final ,onsideration of this proposed •csolution have on file with the :'ity Clerk objections to the ►mount of the cost of improvement, they shall be deemed to have ,vaived all objections thereto. Said improvement shall be con- structed and done in accordance with the plans and specifications which have been prepared there. for 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 paid from the Sanita- tion Fund. The above resolution was intro- duced, approved and ordered placed on file with the City Clerk this 28th day of October, 1963. RECORD OF FINAL ADOPTION. The foregoing resolution was finally passed and adopted, as pro- posed, by the City Council this 18th day of November 1963. JAMES J. KEAN Mayor JOHN P. SCHREIBER LOUIS SCHALLER PETER J. TAKOS ROBERT J. HORGAN Councilmen Attest: LEO F. FROMMELT City Clerk Councilman Schreiber moved the adoption of the resolution. Second- ed by Councilman Schaller. Carried by the following vote: Yeas—Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Takos. Nays ---None. (Ordering Construction) RESOLUTION NO. 23063 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE, that pursuant to a Reso- lution of Necessity No. 209.63 which was duly passed by this Council for the construction of an eighty-four inch (84") R.C.C.P. storm sewer from the existing eighty-four inch storm sewer in Lot 6 of Block 23 of Clover Hills Addition to a point approximately one hundred feet easterly. Be and the same are hereby ordered and constructed by this Council upon its own motion and with ur without the petition of the !,ruperty owners. All the work shall be constructed in accordance with plans and specifications here. ;39¢ Special Session, November 18, 1963 tofore adopted and now on file in the office of the City Clerk, BE IT FURTHER RESOLVED that the cost and expense of the said improvement be paid from the Sanitation Fund. BE IT FURTHER RESOLVED that this resolution being deemed urgent and of immediate necessity shall be in force and effect from and after its passage and adoption by the City Council. Passed, adopted, and approved this 18th day of November, 1963. JAMES J. KEAN Mayor JOHN P. SCHREIBEF LOUIS SCHALLER PETER J. TAKOS ROBERT J. HORGAN Councilmen Attest: LEO F. FROMMELT City Clerk Councilman Schreiber moved the adoption of the resolution. Second- ed by Councilman Schaller. Carried by the following vote: Yeas—Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Takos. Nays—None. Proof of Publication, certified to by the Publisher, of Notice to Con- tractors of the receipt of proposals for the construction of an 84" storm sewer in Lot 6 of Block 23 Clover Hills Addn., approximately 100' easterly, presented and read. Councilman Schreiber moved that the proof of publication be received and filed. Seconded by Councilman Schaller. Carried by the following vote: Yeas—Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Takos. Nays—None. November 18, 1963 To the Honorable Mayor and City Council Gentlemen: Sealed bids were received until 10:00 A.M., Monday, November 18, 1963 for the eighty-four inch R.C.C.P. Storm Sewer in Lot 6 of Block 23 of Clover Hills Addition. One bid was received for the project from Fondell & Sons of Dubuque, Iowa. Their bid was 2.02% over the estimate. I recommend that the contract for the Improvement be awarded to Fondell & Sons. Very truly yours, Gilbert D. Chavenelle City Manager Councilman Schaller moved that the recommendation be approved. Seconded by Councilman Takos. Carried by the following vote: Yeas—Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Takos. Nays—None. (Awarding Contract) RESOLUTION NO. 231.63 WHEREAS, scaled proposals have been submitted by contractors for the construction of an eighty- four inch R.C.C.P. Storm Sewer from the existing eighty-four inch storm sewer in Lot 6 of Block 23 of Clover Hills Addition to a point approximately one hundred feet easterly pursuant to Resolution No. 230-63 and notice to bidders pub. lished in a newspaper published in said City on November 1, 1963 and November 8, 1963; and WHEREAS, said sealed proposals were opened and read on Novem- ber 18, 1963, and it has been deter- mined that the birl of Fondell & Sons of Dubuque, Iowa in the amount of $4,846.00 was the lowest bid for the furnishing of all labor and materials and performing the work as provided for in the plans and specifications; now therefore, BE IT RESOLVED by the City Council of the City of Dubuque that the contract for the above mentioned improvement be award- ed to Fondell & Sons of Dubuque, Iowa and the Manager be and he is hereby directed to execute a con- tract on behalf of the City of Dubuque for the complete per- formance of said work. BE IT FURTHER RESOLVED, that upon the signing of said con- tract and the approval of the con- tractors bond the City Treasurer is authorized and instructed to return the bid deposits of the unsuccess- ful bidders. Passed and adopted this 18th day of November, 1963. JAMES J. KEAN Mayor JOHN P. SCHREIBER LOUIS SCHALLER PETER J. TAKOS ROBERT J. HORGAN Councilmen Attest: LEO F. FROMMELT City Clerk Councilman Schreiber moved the adoption of the resolution. Second- ed by Councilman Schaller. tarried by the following vote: Special Session, November 18, 1983 395 Yeas—Mayor Kean, Councilmen same have been examined: NOW Horgan, Schaller, Schreiber, Takos. THEREFORE, Nays—None. BE IT RESOLVED by the City RESOLUTION NO. 23243 Council of the City of Dubuque WHEREAS, on December 3, 1963, that the following applications be the electorate of Iowa will have an granted and licenses issued upon opportunity to vote at a Special the compliance with the terms of Election on a Constitutional the ordinances of the City. Amendment concerning re-appor- Name Address tionment commonly known as the CLASS "B" BEER PERMIT "Shaff Plan"; and Russell E. Myers, 1618 Central WHEREAS, the Shaff Plan does Avenue not provide fair and just re-appor- CLASS "C" BEER PERMIT tionment, as evidenced by the fact The Great Atlantic & Pacific Tea that a lessor percentage of the electorate will control the House Co., 1101 Central Avenue Passed, adopted and approved of Representatives which is the this 18th day of November, 1963. lowest percentage in the history of JAMES J. KEAN this State; and Mayor WHEREAS, Dubuque County JOHN P. SCHREIBER will suffer by the adoption of such LOUIS SCHALLER plan as it would result in the loss PETER J. TAKOS of one Representative; and ROBERT J. HORGAN WHEREAS, there is no guaran• Councilmen tee by the "Shaff Plan" that gerry- Attest: LEO F. FROMMELT mandering will not be employed City Clerk to further weaken the voting rights Councilman Schaller moved the of the electorate of Dubuque, Iowa. NOW THEREFORE BE IT RE adoption of the resolution. Second - SOLVED BY THE CITY COUNCIL ed by Councilman Schreiber. OF DUBUQUE, IOWA: Carried by the following vote: Yeas—Mayor Kean, Councilmen Section 1. That the City Council Horgan, Schaller, Schreiber. Takos. of Dubuque, Iowa, does hereby go Nay.,_—Mone. on record as being opposed to the adoption of the "Shaff Plan" and RESOLUTION NO. 23"3 does hereby encourage the elector- WHEREAS, applications for Beer ate of the City of Dubuque to vote Permits were filed bl' the within against the adoption of the "Shaff named applicants and they have Plan" at the Special Election to be received the approval of the held on December 3, 1963. Council; and Passed, adopted and approved WHEREAS, the premises to be this 18th day of November, A.D., occupied by such -applicants were 1963. inspected and found to comply JAMES J. KEAN with the ordinance of this City and Mayor they have filed proper bonds: JOHN P. SCHREIBER NOW THEREFORE, BE IT RE - LOUIS SCHALLER SOLVED by the City Council of PETER J. TAKOS the City Council of the City of ROBERT J. HORGAN Dubuque, Iowa that the Manager Councilmen be and he is hereby directed to Attest: LEO F. FROMMELT issue to the following named appli- City Clerk cants a Beer Permit. Councilman Takos moved the Address adoption of the resolution as amended. Seconded by Councilman Name CLASS "B" BEER PERMIT Central Schreiber. Carried by the following Russell E. Myers, 1618 vote: Avenue Yeas—Mayor Kean, Councilmen CLASS "C" BEER PERMIT Horgan, Schaller, Schreiber, Takos. The Great Atlantic & Pacific Tea Nays—None. Co., 1101 Central Avenue FURTHER RESOLVED RESOLUTION NO. 233-63 BE IT that the bonds filed by such aPPli- WHEREAS, applications for Beer be and the same are hereby Permits have been submitted to this Council for approval and the cants approved. 398 Special Session, November 1.5, 1963 Passed, adopted and approved this 18th day of November, 1963. JAMES J. KEAN Mayor JOHN P. SCHREIBER LOUIS SCHAI.LER PETER J. TAKOS ROBERT J. HORGAN Councilmen Attest: LEO F. FROMMELT City Clerk Councilman Schaller moved the adoption of the resolution. Second- ed by Councilman Schreiber. Car- ried by the following vote: Yeas—Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Takos. Nays—None. COUNCIL RECESSED AT 10:55 P.M. COUNCIL RECONVENED AT 11:20 P.M. Mayor Kean announced that he will present a list of eighteen citizens at the next regular meet- ing of the City Council which will constitute the committee on Hu- man Relations, divided into three groups, to serve one, two and three year terms. There being no further business .Mayor Kean moved to ad]ourn. Seconded by Councilman Schreiber. Carried by the following vote: Yeas—Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Takos. Nays—None. Leo F. Frommelt Citi.. Cllerk Approved .......P.....Y.... .Q......1964. Adopted.........e,1,..y,...;4;...:jlW4. Councilmen 1t.X�'t. ,ate �..... ....... Attes . �;,�. .. ........ ity Clerk Regular Session, December 2, 1983 397 CITY COUNCIL OFFICIAL Regular Session, December 2, 1963. Council met at 7:30 P.M. C.S.T. Present—Mayor Kean, Council- men Horgan, Schreiber, Takos. City Manager Gilbert D. Chave- nelle. Absent—Councilman Schaller. Mayor Kean read the call and stated that service had been duly made and this is the regular meet- ing of the City Council for the purpose of acting upon such bus- iness as may properly come before the meeting. Communication of Delbert E. Jones submitting his name to be considered as a member of Dock Commission to fill the present vacancy, presented and read. Councilman Schreiber moved that the communication be referred to the Council to be considered when making the appointment. Seconded by Councilman Takos. Carried by the following vote: Yeas—Mayor Kean, Councilmen Nays—None. Absent—Councilman Schaller. Communication of R. D. Waller submitting his resignation as a member of the Planning & Zoning Commission, presented and read. Councilman Schreiber moved that the resignation be accepted with regret and the Mayor be instructed to send Mr. Waller a letter of thanks for his many years of fine service to the community. Second- ed by Councilman Takos. Carried by the following vote: Yeas --Mayor Kean, councilmen Horgan, Schreiber, Takos. Nays—None. Absent—Councilman Schaller. Communication of KDTH ad- vising that they have been com- missioned by the Federal Govern- ment to build and equip a fall -out communications center which will be built into the first floor of their transmitter in East Dubuque to replace the now obsolete Conelrad emergency alert system, presented and read. Councilman Schreiber moved that the communication be referred to the Civil Defense Director. Seconded by Councilman Takos. Carried by the following vote: Yeas—Mayor Kean, Councilmen Horgan, Schreiber 'Takos. Nays—None. Absent—Councilman Schaller. November 27, 1963 To the Honorable Mayor and City Council Gentlemen: Your staff has had referred to them a petition from Wahlert High School for street lights on Chaney Road from Kaufman Avenue to Asbury Road. This recommendation has been held up until such time as side- walks will also be constructed along Chaney Road. Some of the abutters of this property on Chaney Road have been contacted and the remaining Will be just as soon as possible. As soon as this sidewalk situa- tion can be straightened out, we will submit a proposition for the installation of nine lights on Chaney Road from Kaufmann Ave- nue to Asbury Road. Respectfully submitted, Gilbert D. Chavenelle City Manager Councilman Schreiber moved that the recommendation of the City Manager be approved. Second- ed by Councilman Takos. Carried by the following vote: Yeas—Mayor Kean, Councilmen Horgan, Schreiber Takos. Nays—None. Absent—Councilman Schaller. November 27, 1963 To the Honorable Mayor and City Council Gentlemen: Your staff has received a request for the placement of a street light in the area of Main and Podge Streets. It is recommended that a 175 watt mercury vapor light be placed on Dodge Street next to the railroad tracks just east of the Main Street intersection. Respectfully submitted, Gilbert D. Chavenelle City Manager Councilman Schreiber moved that the recommendation be approved. Seconded by Councilman 398 Regular Session, December 2, 1983 Tame. Carried by the following vote: Yea$ --Mayor Kean, Councilmen Horgan, Schreiber, Takos. Nays—None. Absent—Councilman Schaller. November 27, 1963 To the Honorable Mayor and City Council Gentlemen: A request has been received for an additional street light on wood Street. Upon investigation by the Electrical Inspector, it was deter- mined that the present lights are about 480 feet apart and trees contribute to poor lighting. It is recommended that an additional light be installed on a pole presently 146 and 1495 Wo de t Streeween This light to be a 4000 lumen incandescent. Respectfully submitted, Gilbert D. Chavenelle City Manager Councilman Takos moved that the recommendation be approved. Seconded by Councilman Schreiber. Carried by the following vote: Yeas—Mayor Kean, Councilmen Horgan, Schreiber, Takos. Nays—None. Absent—Councilman Schaller. November 27, 1963 To the Honorable Mayor and City Council Gentlemen: The petition of Willard G. Wim - mer requesting a street light on Francis Street was referred to the City Manager and Electrical In- spector for investigation and report. Upon investigation by t h e Electrical Department, it is recom- mended that one (1) 4000 lumen incandescent light be installed on the west side of Francis Street between 2239 and 2249 Francis. Respectfully submitted, Gilbert D. Chavenelle City Manager Councilman Takos moved that the recommendation be approved. Seconded by Councilman Schreiber. Carried by the following vote: Yeas—Mayor Kean, Councilmen Horgan, Schreiber, Takos. Nays—None. Absent. --Councilman Schaller. December 2, 1963 To the Honorable Mayor and City Council Gentlemen: This is a brief report about Civil Defense and the Civil Defense Ordinance which has been tem- porarily tabled. Instructions have been received from the State Organization that civil defense funds must be channeled through the county auditor by January 1, 1964. On November 1st the Mayor met with the County Board of Supervisors and the Supervisors agreed that beginning January 1st, the county would pay a per capita charge for citizens in unincor- ported areas. It was suggested that this charge would total approx- imately $1600.00 for the year. Letters have been written to the mayors of the nineteen incorpor- ated cities and towns in the county asking that they express their opinion on a reply card in regard to a per capita charge to be paid by these cities and towns. The total annual charge for this group is estimated to be $800.00. Under the per capita charge idea, the amount to be paid by the City of Dubuque will be approx- imately $5600.00 per year. The above per capita amounts are based on one-half of an estim- ated annual budget and will vary according to actual expenditure. The one-half calculation is used because civil defense aid is re- ceived for 50% of the expenditure. It will be. requested that you re- consider the Civil Defense Ordin- ance at your next meeting. Respectf ully, Gilbert D. Chavenelle City Manager Councilman Takos moved that the request be referred to the Council. Seconded by Mayor Kean. Carried by the following vote: Yeas—Mayor Kean, Councilmen Horgan, Schreiber, Takos. Nays—None. Absent—Councilman Schaller. December 2, 1963 To the Honorable Mayor and City Council Gentlemen: I hereby submit a report from the Traffic Division in regard to Regular Session, Decrmher 2, 19M 399 a petition for traffic lights at the intersection of University and Asbury. Respectfully, Gilbert D. Chavenelle City Manager Councilman Takos moved that the report be received and filed. Seconded by Councilman Schreiber. Carried by the following vote: Yeas—Mayor Kean. Councilmen Horgan, Schreiber, Takos. Nays—None. Absent—Councilman Schaller. December 2, 1963 To the Honorable Mayor and City Council Gentlemen: This is to advise that I have approved the following bond and policies and desire to have your approval on same for filing, sub- ject to the approval of the City Solicitor: T -V - CABLE H. & B. American Corporation, at al, Beverly Bills, California, Policy No. 80 C 228120, Iiartford Accident do Indemnity Co. H. & B. American Corporation, et al, Beverly Iiills, California, Bond No. N-3476575, Hartford Accident & Indemnity Co. EXCAVATION Smitty's Excavating Service, Policy No. ARL 4329690, Continen- tal Casualty Co. G. L. McCarten d/b/a McCarten Plumbing & Heating, Policy No. CBG 5404.58.19, American Surety Company. G. L. McCarten d/b/a McCarten Plumbing & Heating. Policy No. CG$ 5404-5-519, American Surety Company. Respectfully submitted, Gilbert D. Chevenelle, City Manager Councilman Schreiber moved approval for filing subject to the approval of the City Solicitor. Seconded by Councilman Horgan. Carried by the following vote: Yeas—Mayor Kean, Councilmen Horgan, Schreiber, Takos. Naya--None. Absent—Councilman Schaller. November 22, 1963 To the honorable Mayor and City Council Gentlemen: The petition of Plaza "20" pre- sented by Wm. Reilly and David Kintzinger requesting changes is access to Plaza "20" by relocating a proposed street in Burkarts Sub. has been considered by the Plan. ning & Zoning Commission. Several meetings were held at which time all parties were heard. The City Attorneys office was con- sulted and a determination was finally made. The Planning & Zoning Com- mission recommends that the re• quest of Plaza "20" be granted because that will be the best use of the property as far as the public convenience is concerned. Letter of City Solicitor Russo is attached. Respectfully submitted, Dubuque Planning & Zoning Commission By Owen Riley Secretary Councilman Schreiber moved that the recommendation be referred to the City Solicitor and City Manager for report at the meeting of December 23, 1983. Seconded by Councilman Horgan. Carried by the following vote: Yeas—Mayor Kean, Councilmen Horgan, Schreiber, Takos, Nays—None. Absent—Councilman Schaller. Communication of J. B. Mc- Donald et al protesting the exten- sion of Devon Drive into Plan 200, presented and read. Councilman Schreiber moved that the petition be referred to the City Solicitor and City Manager along with recommendation of the Planning & Zoning Commission. Seconded by Councilman Horgan. Carried by the following vote: Yeas—Mayor Kean, Councilmen Horgan, Schreiber, Takos. Nays. -None. Absent --Councilman Schaller. Councilman Schreiber moved the suspension of the rules in order to let anyone present address the Council if they so desire. Seconded by Councilman Takos. Carried by the following vote: Yeas—Mayor Kean, Councilmen Horgan, Schreiber, Takos. Nays—None. Absent—Councilman Schaller. Attorney Tom Nelson spoke as a representative of Joe Polfer and the Perfection Oil Company. He reviewed the history of the Polfer property which was laid out is 400 Regular Session, December 2, 1963 the forties. The recommendation of the Planning & Zoning Com- mission is limited and they are only passing on as to land use. The Council should address themselves as to what is right or wrong. It is not quite clear what is being asked of you. To vacate fifty feet from Polfer would take away the entire value of his property. Why should Polfer be damaged and for what purpose other than to give Plaza 20 direct access to Highway 20. David Kintzinger, an attorney, representing Plaza 20 stated that it is primarily in the public interest to make the change. Attorney Nelson further stated that if the Council within 5 years wants the strip improved his client would pay their cost. November 19, 1963 Hon. Mayor & City Council Gentlemen: On October 25, 1963, Ervin Auderer, 3046 Central Ave., Du- buque, Iowa, filed claim against the City of Dubuque alleging injuries as a result of a fall on the 19th day of August 1963 at 3001 Central Ave., Dubuque, Iowa, which fall allegedly resulted from a defective sidewalk thereat. I have made an investigation of this matter and find that there is no actionable negligence on the part of the City of Dubuque and therefore recommend denial of said claim. Original claim is attached here- to. Respectfully submitted R. N. Russo City Attorney Councilman Schreiber moved that the recommendation be approved. Seconded bj Councilman Horgan. Carried by the following vote: Yeas—Mayor Kean, Councilmen Horgan, Schreiber, Takos. Nays—None. Absent—Councilman Schaller. Notice of Suit of Theodora Ells. worth, in the amount of $4500. for personal injuries received in a fall on a defective sidewalk on W. 11th Street on November 21, 1963, presented and read. Council. man Morgan moved that the notice of suit be referred to the City Solicitor for investigation and report. Seconded by Councilman Schreiber. Carried by the follow- ing vote: Yeas—Mayor Kean, Councilmen Horgan, Schreiber, Takos. Nays—None. Absent—Councilman Schaller. November 22, 1963 To the Honorable Mayor and City Council Gentlemen: The Planning & Zoning Com- mission has considered the request of the Third Presbyterian Church regarding the Zoning of their property at Garfield Ave. and Stafford Street. The building is now vacant and in order to dispose of property they request zoning to Local Business B. The adjoining owners protested the Local Business B Zoning and said they would not object to Local Business District A. The Planning & Zoning Com- mission recommends that Lots 1 and 2 Dreibilbies Add. (801 and 807 Garfield Avenue) be rezoned from Two Family Residence District Classification to Local Business District "A" Classifica- tion. Respectfully submitted, Dubuque Planning & Zoning Commission By Owen Riley Secretary Mayor Kean moved that the recommendation of the Com- mission be approved. Seconded by Councilman Schreiber. Carried by the following vote: Yeas—Mayor Kean, Councilmen Horgan, Schreiber, Takos. Nays—None. Absent—Councilman Schaller. ORDINANCE NO. 35-63 An Ordinance Amending the Zoning Map and Zoning Ordinance known as Ordinance No. 3-34 of the City of Dubuque to change Lots 1 and 2 of Dreibilbies Add- ition from their present Two Family Residence District Classifi- cation to Local Business District "A" classification, (801 to 807 Garfield Ave.), presented and read. Councilman Schreiber moved that the reading just had be considered the first reading of t h e Ordinance. Seconded by Regular Session, December 2, 1983 Councilman Horgan. Carried by the following vote: Yeas—Mayor Kean, Councilmen Horgan, Schreiber, Takos. Nays—None. Absent—Councilman Schaller. Councilman Schreiber moved that the rules be suspended requir- ing an Ordinance to be read on three separate days. Seconded by Councilman Horgan. Carried by the following vote: Yeas—Mayor Kean, Councilmen Horgan, Schreiber, Takot. Nays—None. Absent—Councilman Schaller. Councilman Schreiber moved that a public hearing be held on the ordinance on December 23, 1963 at 7:30 o'clock P. M. in the Council Chamber at the City Hall and that the City Clerk be in- structed to publish notice of same in the manner required by law. Seconded by Councilman Horgan. Carried by the following vote: Yeas—Mayor Kean, Councilmen Horgan, Schreiber, Takos. Nays—None. Absent—Councilman Schaller. ACCEPTANCE OF ORDINANCE NO. 25.63 The undersigned, Dubuque TV - FM Cable Company, Division of 11 & B Communications Corpora- tion, hereby accept the terms and provisions of Ordinance No. 25-63 adopted and approved by the City Council of Dubuque, Iowa, and agree to be bound by the terms and provisions of said Ordinance. Dated at Dubuque, Iowa, this 29th day of November, 1963. Dubuque TV -FM Cable Company, Division of H & B Communications Cor- poration By Leon N. Papernow It's Vice President. Councilman Schreiber moved that the acceptance be received and made a matter of record. Seconded by Mayor Kean. Carried by the following vote: Yeas—Mayor Kean, Councilmen Horgan, Schreiber, Takos. Nays—None. Absent—Councilman Schaller. ORDINANCE NO. 36.63 An Ordinance Amending the budget as approved by Resolution 401 No. 163-62 and Ordinance No. 1.63, presented and read. Councilman Schreiber moved that the reading just had be cansidered the first reading of the Ordinance. Seconded by Council. man Horgan. Carried by the follow- ing vote: Yeas—Mayor Kean, Councilmen Horgan, Schreiber, Takos. Nays—None. Absent—Councilman Schaller. Councilman Schreiber moved that the rules be suspended re- quiring an Ordinance to be read on three separate days. Seconded by Councilman Horgan. Carried by the following vote: Yeas—Mayor Kean, Councilmen Horgan, Schreiber, Takos. Nays—None. Absent. --.Councilman Schaller. Councilman Schreiber moved that a public hearing be held on the Ordinance on December 23, 1963 at 7:30 o'clock P.M. in the Council Chamber at the City Hall and the City Clerk I -e instructed to publish notice of the hearing in the manner required by law. Seconded by Councilman Horgan. Carried by the follo-, ing vote: Yeas—Mayor Kean, Councilmen Horgan, Schreiber, Takos. Nays—None. Absent—Councilman Schaller. ORDINANCE NO. 37-63 An Ordinance vacating a portion of Peabody street described as Lot 1 of Lot 2 of City Lot 725 in the City of Dubuque, Iowa, subject to easements for sanitary and storm sewers, presented and read. Cou acilman Schreiber moved that the reading just had be considered the first reading of the Ordinance. Seconded by Mayor Kean. Carried by the following vote: Yeas—Mayor Kean, Councilmen Horgan, Schreiber, Takos. Nays—None. Absent,—Councilman Schaller. Councilman Schreiber moved that the rules be suspended re- quiring an Ordinance to be read on three separate days. Seconded by Mayor Kean. Carried by the following vote: Yeas—Mayor Kean, Councilmen Horgan, Schreiber, Takos. Nays—None. Absent.—Councilman Schaller. 462 Regular Session, December 2, 1961 ORDINANCE No. 31.63 WHEREAS, Linehan A Molo, Inc.., and Anthony Heliing have t)stltloned the City Council of Du- buque, Iowa, to vacate that portion Du- !a Peanody Street which shall here - Inatter be described and known as Lot I of Lot 9 of City Lot 725 in the City of Dubuque, Town, sub- Iect to /asements for sanitary newer and storm sewer, and; WHEREAS, Dubuque Planning and Zoning Commission has recom- mended to the City Council of Du- buque, Iowa, the vacation of that portion of Peabody Street which shall hereinafter be known and described as Lot 1 of Lot 2 of City 725 in the City of Dubuque, Iowa, subject to easements for sanitary sewer and storm sewer; and WHEREAS, that the vacation of that portion of Peanpd Street re- quested to he vacated In not detri- mental to the public and same should be vacated in the public Interest, NOW THEREFORE pt IT OR- DAINEn BY THE CI'T'Y COUNCIL OF TH19 CITY OF DUBUQUE, IOWA: lection 1. That the portion of Peabody Street hereinafter to be known and described as Lot 1 at Lot t of Cltx bot 725 In the City of Dubuque, Iowa, subject to ease- ments for sanitary sewer and storm sewer, be and the same Is hereby Vacated. Seetion 9. That the Mayor and the Clty Clerk be and they are hereby authorized and directed to execute the Plat of the hereinabove described real estate, which Plat has been preppared by Bartels. McMahan A LeMay E ineering Co. dated December H, 1913 and the City Cleric be and he is hereby authorised and directed to file maid Plat and a certified copy of this Ordinance !n the office of the County Recorder In and for Du- buque County, Iona. Seetlon 3. This Ordinance shall be in full force and effect from and after Its final passage, adoption and publientlon as by lair provided. Introduced the 2nd day of De- celpber, 1963. Rule requiring reading on three eeparate slays suspended by unani- mous Witt, the 2nd day of Decem- ber, 196. Paamsd by recorded roll call vote, adoppte and a proved this 2nd day of December, 1965. JAMBS J. KEAN Mayor JOHN P. 9CHREI13ER PE�I9R J. TAKOS RO ERT J. HORCAN Councilmen p Atiepti p OMMELT II EE City Clerk Pubilshed officially in the Tele- graph Herald now" aper this 5th Y Decetnber 19611. LEO F. FROMMMLT I t. li-i city Clerk. Councilman Schreiber moved the adoption of the Ordinance. Seconded by Mayor Kean. Carried by the following vote: Yeas—Mayor Kean, Councilmen Horgan, Schreiber, Takos. Nays—None. Absent—Councilman Schaller, Communication of O'Connor, Thomas, McDermott & Wright a6 attorneys for Linehan & Molo and Anthony Holling submitting an offer of $3000.00 for the purchase of a vacated portion of Peabody street now described as Lot 1 of Sub, of Lot 2 of City Lot 725 in the City of Dubuque, Iowa, subject to easements for sanitary and storm sewers, presented and read. Mayor Kean moved that the offer be accepted. Seconded by Council. man Horgan. Carried by the follow- ing vote: Yeas—Mayor Kean, Councilmen Horgan, Schreiber, Takos. Nays—None. Absent,—Councilman Schaller. RESOLUTION NO. 235.63 WHEREAS, Linehan & Molo, Inc., and Anthony Belling have made a written offer to the City of Dubuque, Iowa, to purchase that portion of Peabody Street shown in red on the attached Plat marked Exhibit "A" and which shall hereinafter be known and described as Lot 1 of Lot 2 of City Lot 725 in the City of Dubuque, Iowa, subject to easements for sani- tary sewer and storm sewer, for the sum of Three Thousand ($3,000.00) Dollars, and in addition to pay the costs of publication; and WHEREAS, the City of D!ibu- que, Iowa, took conveyance of said property hereinabove de- scribed, subject to the condition "for street purpose and no other Purpose" as a condition of grant; and WHEREAS, the City of Dubuque by Ordinance No. 37-63 which was adopted on the 2nd day of Decem- ber, 1963, vacated that portion of Peabody Street hereinabove specified; and WHEREAS, by virtue of Ordin- ance No. 24.47 other portions of Peabody Street were vacated and conveyance therein made by the City of Dubuque, Iowa; and WHEREAS, the City of Dubuque, Iowa, proposes to sell said real estate to Linehan & Molo, Inc., and Anthony Helling for the sum Of $3,000.00 plus costs of publica- tion and that no abstract of title will be furnished to the purchasers. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL Regular Session, December 2, 1983 90 OF THE CITY OF DUBUQUE, IOWA; Seetien 1. That the disposal of the interest of City of Dubuque, Iowa, in and to the real estate hereinabove described to Linehan & Molo, Inc., and Anthony Helling for the sum of $3,000.00 plus costs j of publication, subject to the here. inaiter specified conditions be and the same is hereby approved. Section 2. That the disposal of the interest of the City of Dubu- que to the hereinabove described real estate to Unehan & Molo, Inc., and Anthony Ilelling shall be made on condition that the follow- ing conditions be incorporated as the terms of conveyance on the part of purchasers to be observed and complied with and upon breach or failure to comply with said provisions, said real estate shall revert to the City of Dubu- que absolutely, without re-entry, demand or notice of forfeiture, which conditions are as follows: 1) Purchasers shall enter into a bonafide contract for the erec- tion and construction for the ex- pansion and improvement of the Dodge lluuse !Motel, the cost of which impruvements shall be not less than $80,000.00, within two years of the date hereof, which contract shall provide, among other things, for the completion of said improvements within six months of the two-year term hereinabove specified, and it is further stipula- ted that in no event shall the term tar the completion of said im- provements exceed thirty (30) months from the date hereof, it being understood that time is the oaaence hereof. Purchasers have materially represented to the City that said improvements shall con- sist in the construction of at least 21 additional motel units, as expansion to the present Dodge House Motel. 2) It is understood and agreed by and between City of Dubuque and purchasers that the convey- ance by the City of Dubuque is deemed a determinable fee and in the event that the foregoing Provision is not complied with by the purchasers or assignee of either one of them, then and in that event the property herein conveyed shall revert to the City of Dubuque absolutely, without re- entry, demand or notice of fore- feiture. Section 3. It is the expressed intention of the City of Dubuque, Iowa, to consider the proposed grant to the purchasers of the property hereinabove described as a determinable fee, and that no abstract of title shall be furnished the purchasers and costs of publica. tion shall be paid by the pur- chasers. Section 4. That the 23rd day of December, 1963, at 7:30 o'clock P.M. in the City Council Chamber, in the City Hall, in the City of Dubuque, Iowa, be and the same is hereby fixed as the time and place of hearing upon the pro- posal to convey the real estate hereinabove described to Linehan & 91olo. Inc., and Anthony Helling. Section S. That the City Cleric be and he is hereby directed to publish notice of the time and place of hearing to consider the proposal to dispose of the herein. above described real estate as is by law provided. Passed, adopted and approved this 2nd day of December, 186$. JAMES J. KEAN Mayor JOHN P. SCHREIBER PETER J. TAKOS ROBERT J. HORGAN Councilmen Attest: LEO F. FROMMELT City Clerk Councilman Schreiber moved the adoption of the resolution. Seconded by Mayor Keau. Carried by the following vote: Yeas—Mayor Kean, Councilmen Horgan, Schreiber, Takos. Nays --None. Absent_Councilman Schaller. Councilman Takos moved that the Council at the time of com- pletion of said improvements rela. tive to the vacation of Peabody street adopt a resolution indicating that Purchaser has compiled with conditions of grant. seconded by Mayor Kean. Carried by the following vote: Yeas—Mayor Kean, Councilmen Horgan, Schreiber, Takos. Nays—Noce. Absent ---Councilman Schaller. Petition of K. L. Cue at ai re- questing the iaatallation of street 404 Regular Session, December n. 1963 lights on the west side of Don apartments at 1717 Kane Street, presented and read. Councilman Takos moved that the petition be referred to the City Manager and Electrical inspector for investiga- tion and report. Seconded by Councilman Schreiber. Carried by the following vote: Yeas—Mayor Kean, Councilmen Horgan, Schreiber, Takos. Nays—None. Absent—Councilman Schaller. Petition of Hillcrest Builders Inc. requesting that the City make any installation of storm sewer necessary for the carrying of water adjacent to Block 22 Key Knolls Sub. to permit leveling of the area, presented and read. Councilman Schreiber moved that the petition be referred to the City Manager and City Engineer. Seconded by Councilman Horgan. Carried by the following vote: Yeas—Mayor Kean, Councilmen Horgan, Schreiber, Takos. Nays—None. Absent—Councilman Schaller. Petition of Delmar Gavin ct al requesting the relocation of the alley between Cummins street and Belmont Street now located par- tially on private property, pre- sented and read. Councilman Schreiber moved that the Council view the grounds. Seconded by Mayor Kean. Carried by the following vote: Yeas—Mayor Kean, Councilmen Horgan, Schreiber, Takos. Nays—None. Absent—Councilman Schaller. Petition of Robert M. Haas et al requesting that the grade of the alley not be changed lying east of Belmont from Loras to Rose street, presented and read. Councilman Schreiber moved that the Council view the grounds. Seconded by Mayor Kean. Carried by the fol- lowing vote: Yeas—Mayor Kean, Councilmen Horgan, Schreiber, Takos. Nays—None. Absent --Councilman Schaller. Petition of Carl Launspach of 2346 Poplar street signifying his interest in the purchase of an alley that intersects his property, said alley being previously vacated in 1954, presented and read. Councilman Takos moved that the petition be referred to the City Manager for further negotiation. Seconded by Councilman Horgan. Carried by the following vote: Yeas—Mayor Kean, Councilmen Horgan, Schreiber, Takos. Nays—None. Absent—Councilman Schaller. Petition of N. W. Bell Telephone Co. requesting permission to cut trenches across Green street, Chaney Road, Woodlawn Street, Evergreen and Crissy Streets in order to comply with increased requirements for additional tele- phone facilities in the northwest part of the City, presented and read. Councilman Schreiber moved that the petition be approved. Seconded by Councilman Takos. Carried by the following vote: Yeas—Mayor Kean, Councilmen Horgan, Schreiber, Takos. Nays—None. Absent—Councilman Schaller. Petition of John P. Hansen re- questing a refund of $150. on the unexpired portion of Class B beer permit No. 119, presented and read. Councilman Schreiber moved that the petition be granted and the Auditor instructed to draw proper warrant. Seconded by Councilman Horgan. Carried by the following vote: Yeas—Mayor Kean. Councilmen Morgan, Schreiber, Takos. Nays—None. Absent—Councilman Schaller. Petition of Mrs. Josephine Nicks requesting a refund of $50. on the unexpired portion of cigarette license No. 36, presented and read. Councilman Schreiber moved that the refund be granted and the Auditor instructed to issue proper warrant. Seconded by Councilman Horgan. Carried by the following vote: Yeas—Mayor Kean, Councilmen Horgan, Schreiber, Takos. Nays—None. Absent --Councilman Schaller. Petition of Mrs. Josephine Nicks requesting a refund of $100. on the unexpired portion of Class "B" beer License No. 95, presented and read. Councilman Schreiber moved that the refund be granted and the Auditor instructed to issue proper warrant. Seconded by Regidar Session, December 2, 1983 405 Councilman Horgan. Carried by the following vote: Yeas --Mayor Kean, Councilmen Horgan, Schreiber. Takos. Nays—None. Absent—Councilman Schaller. Petition of Peter Schwartz re- questing a refund of $50. on the unexpired portion of cigarette license No. 176, presented and read. Councilman Schreiber moved that the refund be granted and the Auditor instructed to issue proper warrant. Seconded by Councilman Horgan. Carried by the following vote: Yeas—Mayor Kean, Councilmen Horgan, Schreiber, Takos. Nays—None. Absent—Councilman Schaller. Petition of Leon Gabriel request- ing a refund of $50. on the un- expired portion of cigarette license No. 134, presented and read. Councilman Schreiber moved that the refund be granted and the Auditor instructed to issue proper warrant. Seconded by Councilman Morgan. Carried by the following vote: Yeas—Mayor Kean, Councilmen Horgan, Schreiber, Takos. Nays—None. Absent --Councilman Schaller. Petition of Peter Schwartz re. questing a refund of $250. on the unexpired portion of Liquor License No. 61542, presented and read. Councilman Schreiber moved that the refund be granted and the Auditor instructed to issue proper warrant. Seconded by Councilman Horgan. Carried by the following vote: Yeas—Mayor Kean, Councilmen Horgan, Schreiber, Takos. Nays—None. Absent—Councilman Schaller. Carried by the following vote: Yeas—Mayor Kean, Councilmen Morgan, Schreiber, Takos. Nays—None. Absent—Councilman Schaller. Statement of City Clerk From. melt certifying that notices of levy were mailed on November 6, 1963, by certified mail, to the property owners of record as shown on the books of the County Auditor subject to levy to pay for the cost of constructing CITY OF DUBUQUE 1963 CONCRETE PAVING WITH INTEGRAL CURB PROJECT NO. 1, presented and read. Councilman Takos moved that the statement be received and filed. Seconded by Councilman Horgan. Carried by the following vote: Yeas—Mayor Kean, Councilmen Horgan, Schreiber, Takos. Nays—None. Absent—Councilman Schaller. Proof of Publication, certified to by the Publisher, of Notice of Levy of Special assessment and Intention of the Council to issue bonds to pay for CITY OF DUBU- QUE 1963 CONCRETE PAVING WITH INTEGRAL CURB PRO- JECT NO. 1, on North Grandview Ave., E. 16th street, Harrison street, Loras Blvd., University Ave., presented and read. Councilman Takos moved that the proof of publication be received and filed. Seconded by Councilman Schreiber. Statement of James A. Schute certifying that notices of levy were posted in the assessment district on November 18, 1963, of the CITY OF DUBUQUE 1963 CONCRETE PAVING WITH INTEGRAL CURB PROJECT NO. 1, presented and read. Councilman Takos moved that the statement be received and filed. Seconded by Couucilman Schreiber. Carried by the following vote: Yeas—Mayor Kean, Councilmen Horgan, Schreiber, Takos. Nays—None, Absent—Councilman Schaller. Communication of A. Y. Mc- Donald Mfg. Co. objecting to the proposed special assessment against its property on East 16th Street in excess of 25% of the actual value of said property, pre- sented and read. Councilman Hor- i gan moved that the objection be overruled. Seconded by council- man Takos. Carried by the follow- ing vote: Yeas—Mayor KeaTakCos.ncilmen Horgan, Schreiber, Nays—None. Absent -Councilman Schaller. Communication of James L. & Bernadette Lane of 812 Univer- sity Ave. objecting to the amount of the proposed assessment against their property for the sur- facing of University Ave., pre- 406 Regular Session, December Z, 1963 sented and read. Councilman Takos moved that the objection be overruled. Seconded by Council- man Schreiber. Carried by the following vote: Yeas—Mayor Kean, Councilmen Horgan, Schreiber, Takos. Nays—None. Absent—Councilman Schaller. Communication of Miss Marie Schmidt of 618 University Ave., objecting to the amount of the proposed assessment against her property for the surfacing of University Ave., presented and read. Councilman Takos moved that the objection be overruled. Seconded by Councilman Schreiber. Carried by the following vote: Yeas—Mayor Kean Councilmen Horgan, Schreiber, Takos. Nays—None. Absent—Councilman Schaller. Communication of Mr. and Mrs. Geo. M. Johnson of 890 Wilson Ave. objecting to the amount of the proposed assessment against their property for the surfacing of University Ave., presented and read. Councilman Schreiber moved that the objection be overruled. Seconded by Councilman Takos. Carried by the following vote: Yeas --Mayor Kean, Councilmen Horgan, Schreiber, Takos. Nays—None. Absent—Councilman Schaller. Mrs. Fay McDermott of 880 Wil- son Ave. and Francis C. Funk of 910 University Ave. addressed the Council voicing their objections to the proposed assessment of Uni. versity Ave. Communication of LaVern and Rose Hennen objecting to the pro- posed assessment of N. Grandview Ave. against their property claim- ing the assessment would exceed the value of the land, presented and read. Councilman Schreiber moved that the objection be over- ruled. Soconded by Councilman Horgan. Carried by the following vote: Yeas—Mayor Kean, Councilmen Horgan, Schreiber, Takos. Nays—None. Absent—Councilman Schaller. RESOLUTION NO. 236.63 SCHEDULE OF ASSESSMENTS Resolved by the City Council of the City of Dubuque, Iowa: ,rbat to pay for CITY OF DUBUQUE 1963 CONCRETE PAVING WITH INTEGRAI. CURB PROJECT NO. 1, by Thomas Flynn Coal Company contractor in front of and adjoin- ing the same, a special tax be and is hereby levied on the several lots, and parts of lots, and parcels of real estate all as named, situ- ated and owned, and for the several amounts set opposite each lot or parcel of real estate as set forth in the following schedule. CITY OF DUBUQUE 1963 CONCRETE PAVING WITH INTEGRAL CURB PROJECT #1 Construction cost $280,803.07 Less City share 123,370.89 Assessable amount 157,432.18 7% extra expense 11,020.25 5% Interest -52 days 1,137.01 Total assessable amount 169,589.44 City share 123,370.89 North Grandview Ave. from the North Property Line of Kane St. to the South Property Line of West 32nd St. with Concrete Paving. Christ & Bernice Willy, Lot 2-1, Willy Place ...... $1,629.97 George Saffran, Lot 1-1-1- 1.1.1, Willy Place .... I........... 9,198.92 C. J. & Caroline M. May, Lot 8, Barbara Sub......... 19.63 James 11. & Darlene Rich- ard, Lot 2, Block 2, Sun- rise heights .................... 56.30 Earl F. & Georgia C. Derby, I.ot 3, Block 2, Sunrise Heights ............ 88.88 Merlin D. & Betty R. Artus, Lot 4, Block 2, Sunrise heights ............ 244.69 Andrew J. Richard, Lot 5, Block 2, Sunrise Heights 764.44 Edward J. & R o s i n a Weber, Lot 6, Block 2, Sunrise Heights 826.95 Richard K. & Virginia L. Pregler, Lot 7, Block 2, Sunrise Heights ............ 271.55 Elmer 1'. & Ruth C. Hed- rick, Lot 8, Block 2, Sun. rise heights .................... 19.93 Elmer T. & Ruth C. Hed- rick, Lot 1-2-2, M.L. 351 67.87 Joseph H. & Helena Bell - man, Lot 1-1-1.1.2, Sun- rise Heights .................. 17.08 Eugene C. & Katherine E. Tigges, Lot 1, Block 7, Sunrise heights ........... 37.65 Replxr Sessinn, December 2, 1961 407 Merlin F. & Alice G. Hol- 659 cu. yd. excavation zer, Lot 2, Block 7, Sun- earth Ch` $1.25 ............$ rise Heights ................ 215.33 Paul W. & Leona C. Gor- class A 8" r $5.50........37,146.67 don, Lot 3, Block 7, Sun- 301.28 rise Heights 672.71 Andrew J. & Marie Rich- $44,937.15 ard, Lot 2.2.2.1-1-1-2, 450.00 M.L. 351 ................... 1 2.487.57 George Saffran, Lot 1.1-2.1 198.60 1-11.1, Willy Place ...... 2,838.64 Leo & Delores Dix, Lot 1-2.2, M.L. 359 ................ 5.740.71 Leo & Delores Dix, Lot 768.00 1.2, M.L. 359 ... ............ 8,532.21 Wm. J. & Olive Knabel, 3,600.00 Lot 1-227. Fairmount Park Add . ...................... 234.40 Leo & Delores Dix, Lot 1.2-1, M. L. 358 ........ ...... 3,877.49 Leo & Delores Dix, Lot 446.05 1.1, M. L. 358 ................ 5.037.51 Edith M. Heim, Lot W.%-2.2. M.L. 358 ........ 865.32 George Saffran, Lot 2-1-2- 1•111-1, Willy Place.. 1,191.38 $44,937.15 659 cu. yd. excavation City share earth Ch` $1.25 ............$ 823.75 6753.94 cu. yd. concrete 7% extra expense class A 8" r $5.50........37,146.67 8.18 sq. yd. driveways con- 301.28 crete C„` $7.50 ................ 61.35 15 no. of manholes grates, $44,937.15 raised'lowered (r' $30.00 450.00 49.65 tons Y' base stone conferred Oi $4 00 .......................... 198.60 115.5 lin. ft. Concrete saw- ing 0 $0.50 ..................57.75 96 sq. yd. Concrete re- mova) & replace ra, $8.00 768.00 6 no. of Catch basins AA, build @, $600.00............ 3,600.00 2 no. of single catch basin, build R $200.00.... 400.00 236 lin. ft. 18" R.C.C.P. ((1 $6.00 .......................... 1,416.00 lump, extra work ............ 446.05 7220.76 cu. yd. Concrete Class A 8" fh $5.50......39,714,18 Total amount $85,082.35 City share 43,366.58 Assessable $41,715.77 7% extra expense 2,920.10 5% interest . 52 days 301.28 Total assessable -�'- amount $44,937.15 All of which is assessed in pro- portion to the special benefits conferred East Sixteenth St. From the Best Property Line of Railroad Ave. to the East Property Line of Kerper Blvd. Dubuque Packing C o. Block 2, Dubuque Pack- ing Co. Add . ................$ 8,623.73 Dubuque Packing C o. Block 5, Dubuque Pack- ing Co. Add . .................. 14,630.01 A. Y. McDonald Mfg. Co., Lot 610, East Dubuque Add. No. 2 .................... 617.97 A. Y. McDonald Mfg. Co., Lot 611, East Dubuque Add. No. 2 .................... 224.87 A. Y. McDonald Mfg. Co., Lot 612, East Dubuque Add. No. 2 .................... 84.70 A. Y. McDonald Mfg. Co., Lot 629, East Dubuque Add. No. 2 .................... 139.84 A. Y'McDonald Mfg. Co., Lot 630, East Dubuque Add. No. 2 .................... 371.01 A. Y. McDonald Mfg. Co., I.ot 631, East Dubuque Add. No. 2 .................... 902.19 A. Y. McDonald Mfg. Co., Lot 643, East Dubuque Add. No. 2 .................... 662.79 City of Dubuque, Part of Slough -Detention Base_ 6,835.06 City of Dubuque, Lot 1, N.W. 1'a Sec. 19 ............ 6,652.57 $39,750.74 6379.90 cu. yd. concrete class A 8" 01. $5.50 ....$35,088,45 111.76 sq. yd. concrete driveways Cq $7.50 .... 858.20 5 no. of Manholes, grates raised/lowered & $30.00 150.00 47 lin, ft. concrete sawing G, $0.50 23.50 4 no. of Single catch basin, build ((+' $200,00 ............ 800.00 32 lin. ft, 15" R•C.C.P. (n $5.45 174.40 144 lin. ft. 18" R.C.C.P.. 864.00 (., $6.00 ......................... lump, extra work ............ 43.00 2126.64 cu. yd. Concrete Class A 8" Gig $5.50 ....11,696.52 Total amount $49.679.07 City share 12,777.92 Assessable amount $ W 7% extra expense 266 51 5% interest -52 days Total assessable $89 amount,750.74 Regular Session, Decemher 2, 1963 408 _ All of which is assessed in pro- All of which is assessed in pro- to the special benefits the special benefits portionconferred. portion conferred. North Loras Blvd. from the west property Harrison St. From the Line of Railroad Ave. to line of Locust St. to the west Property North Property Line of Lot 1 ro art line of Walnut St. concrete with the of Commercial Su4- paving. Mattel Realty & Inv. Co., *L, R. Weber, Block A. 4,580.48 Industrial Sub. ••••••••• Lot N.40' 5.142.5', City Allied Chemical & Dyea Lot 664 ................$ Raymond L. Deming, Lot 41.53 Corp. E. Lot Block industrial Sub. 196.25 S.2/ 5, City Lot 664........ 565.19 B, . .......... Allied Chemical & Dye John A. & Marvel M. Link, Corp., Lot W.124.65' Lot E.125' -N.1/5, City Lot 663 376.88 Block B, Indusrtial Sub. 2,120.98 ••�••••�•�••�••��•�••��' John A. Eisenegger, Lot Allied Chemical & Dye Lot W.123.65'-2 W.38' -N.1/5, City Lot Corp., Block B, Industrial Sub. 2,115.15 663 .................................... John A. & Marvel M. Link, 138.90 Allied Chemical & Dye Lot E.50'-2, Block Lot E.125'-N.10'4"-N.M., Corp., B, Industrial Sub ........ 199.36 1/5, City I.ot 663 ............ 35.11 Allied Chemical & Dye John A. Eisenegger, Lot Corp., Lot E.50'-1, Block W.38' -N.10'4"- N.M. 1/5, C, Industrial Sub. ........ 163.48 City Lot 663 .................... 10.68 Allied Chemical & Dye Alice & Helen Ryan, Lot Corp., Lot W.123.65'-1, S.40'10"-N.M. 1/5, City Lot 663 122.24 Block C, Industrial Sub. 1,734.42 ............................ Alice & Helen Ryan, Lot Sears & Roebuck & Co.; Lot 1, Commercial Sub. 11,675.04 M.1/5, City Lot 663 ........ 55.27 Allied Chemical & Dye Cecelia Stillmunkes, Lot Corp., Vacated Carter St. 740.64 1.2, City Lot 667 ............ 94.60 Cecelia Stillmunkes, Lot $23,525.80 2.2.2, City Lot 667 ........ 2.09 *City Share Mettel Realty & Inv. Co., Block A, Industrial Sub. 490.00 Lot 1-2-2, City Lot 667 .... 96.12 John J. & Velma M. Hick - $24,015.80 ey, Lot 2.1, City Lot 667 18.79 3650.98 cu. yd. Concrete Hickey, Kuehnle, Voelker Class A 8" @' $5.50 ••.•$20,080.39 Realty Co., Lot 3.2, City 292.00 sq. ft. Sidewalks, Lot 667 ............................ 92.33 concrete 4" @ $0.60...... 175.20 John N. & Ethel Potter - 93.50 sq. yd. Driveways baum, Lot 4.2, City Lot concrete @ $7.50 ........ 701.25 667 .................................... 85.75 125 lin. ft. Concrete saw- Justin J. & Catherine M. ing @ $0.50 .................. 62.50 Murphy, Lot 2-3, City 2 no. of Single catch basin Lot 667 ............................ 216.51 C' $200.00 ...................... 400.00 George J. Homan, Lot 1.4, 38 lin. ft. 18" R.C.C.P. City Lot 667 .................... 13.93 C', $6.00 .......................... 228.00 Jas, W. Rivers, Lot 2.4, lump, extra work ............ 1,406.50 City Lot 667 .................... 73.20 190.92 sq. yd. Concrete C. J. Dangelman, Lot 5, Class A 8" (Webers) City Lot 667 .................... 160.55 @ $5.50 ........................ 1,050.06 George J. Homan, Lot 6, 1156.50 cu. yd. Concrete City Lot 667 .................... 295.42 Class A 8" @ $5.50 .... 6,360.75 Marion J. Murray, Lot 1, Total amount $30,464.65 Sub. of S. Part City Lot 128.29 City Share 8,170.45 684 .................................... Joseph G., Jeanne R., John Assessable amount $22,294.20 F., & Celia M. Backes, 7% extra expense 1,560.59 Lot 2, Sub. of S. Part 5% interest - 52 days 161.01 City Lot 684 .................... 153.19 Marion Murray, I.ot 1.3, Total assessable Sub. of S. Part City Lot atnuunt $24,015.80 684 .................................... 192.45 Regular Session, December 2, 198,3 409 Duane G. & Bessie M. Cur- Lydia Jenk, Lot W.53%1 ran, Lot 4, Sub. of S. Sub. Lot 809, A. McDan• Part City Lot 684 .......... 79.59 iels Sub ................................. 14.79 John D. & Janet Kenkel, Voelker Realty Co., Lot N. Lot 5, Sub. of S. Part %-E.33'-1 Sub. Lot 809, City Lot 684 .................... 138.82 A. McDaniels Sub......... 9.23 Andrew H. & Luan Dig- Mettel Realty Co., Lot 2 man, Lot 6, Sub. of S. Sub. Lot 809, A. McDan- Part City Lot 684 .......... 138.82 iels Sub ............................. 13.97 Vivian M. Keiffer, Lot 1— Mettel Realty Co„ Lot 3 W.!i-5, Yates & Picketts Sub. Lot 809, A. McDan- Sub. ......................... .............. 65.58 iels Sub ............................. 13.97 Helen R. Dougherty, Lot 2, Edwin F. & Josephine C. W.%-5, Yates & Picketts Rolling, Lot 4, Sub. Lot Sub . .................................. 64.72 809, A. McDaniels Sub. 8.37 F.liz. Gehler, Lot E.%.5, Ray J. Welu, Lot 5, Sub. Yates & Picketts Sub..... 130.31 Lot 809, A. McDaniels Dubuque Visiting Nurse Sub . .................................. 8.37 Assoc., Lot 1, A. L. Thomas & Esther Wilkins, Brown's Sub . .................. 175.16 Lot 6, Sub. Lot 809, A. Viola Z. Driscoll, Lot 2-2, McDaniels Sub ............... 9.23 A. L. Brown's Sub......... 97.66 Thomas & Esther Wilkins, Louis L. & Mae Gloden, Lot E.1.6'-7 Sub. Lot 809, I.ot 1.2, A. L. Brown's A. McDaniels Sub......... 0.45 Sub . .................................. 77.50 Lawrence F. & Albin a Rocco L. Jr. & Myrtle I. Haupt, Lot W.51.6'-7 Buda, Lot W.%-3, A. L. Sub. Lot 809, A. Me - Brown's Sub . .................. 117.36 Daniels Sub. .................. 14.38 Bernard G. Vanteicher, Margaret Nagel, Lot 767, Lot E.%-3, A. L. Brown's A. McDaniel's Sub......... 3.40 Sub . .................................. 87.58 Margaret Nagel, Lot 768-A, David Kintzinger, Lot 4, A. McDaniel's Sub......... 1.20 A. L. Brown's Sub......... 175.16 ?Marvin J. & Violet Felder - Margaret E. Boleyn, Lot man''5.25'-768, A. 1.5, A. L. Brown's Sub... 157.65 McDaniels's Sub ............. 7.32 Linus W. & Mary V. Con- Joseph J. & Lorraine lon, I.ot 2.5, A. L. France, Lot N.25'-768, Brown's Sub . .................. 17.52 A. McDaniels's Sub....... 9.41 Linus W. & Mary V. Con- Joseph J. & Lorraine lon, Lot E.%-6, A. L. France, Lot 5.25' -E.57' - Brown's Sub . ................. 143.64 769, A. McDaniels's Sub. 0.41 Francis 13. & Marcita E. Rachael E. Patrick, Lot N.57.5' -E.57'-769, A. Me. Dreazy, Lot W.%-6, A. L. 143.64 Daniels's Sub . ................ 17.37 Brown's Sub............. . Helen Schnoor, est., Lo Francis H. & Mareita E. S,1,Z-769A, A. McDan- Dreazy, Lot E.2'-7, A. L. iels Sub ............................. 42.43 Brown's Sub . .................. 7.02 Leo J. & Ann K. Kringle, Fred Freese, Lot W.83'-7, Lot 1 -N.% -769A, A. Me - A. L. Brown's Sub......... 330.81 Daniels Sub .................... 5.56 Carl E. & Marguerite L. Leo J. & Ann K. Kringle, Carlson, Lot 8, A. L. Lot 2-N.%.769A, A. Me- Brown's Sub . .................. 192.68 Daniels Sub. ................ 57 98 Carl E. & Marguerite L, Andrew D. & Violet Kari - Carlson, Lot 1-1-1-810, gan, Lot 811, A. Me - Sub 187.41 A. McDaniels Sub. ........ 122.75 Dainels . .................. D. & Violet Kari - Robert J. & Ruth A. Kehl, Andrew Lot E.33'6"-812, A. Lot 2.1.1.810, A. McDan- gan, 18.26 McDaniels Sub. ........... 117.35 iels Sub............... ..... Robert J. & Ruth A. Kehl, Owen L. Odell, Lot W.20 McDaniels Lot 2.1.810 A. McDan- 6"-812, A. 71,82 iels Sub. ......... 68.98 Sub . .................................. Owen L. Odell, Lot E.25. J. C. McDermott, Lot 2, 5'-813, A. McDaniels Sub. 89.34 810, A. McDaniels Sub. 29.28 410 Regular Session, December 2, 1%3 Madge Klossner Hall, Lot James D. Freeman, Lot W. \1'.28'-813, A. McDaniels 103', Lot 782 A. McDan- Sub.................................. 98.08 iels Sub. .......................... 84.63 Laverne J. Neyens, Lot Robert W. Clewell, Trus - E.40' -811, A. McDaniels tee, Lot 8, Henion & Sub . .................................. 140.13 Bairds Sub. .................... 131.43 Marvin v. & Maxine Hu- Alice Vanderah, I.ot 1.9, berty, Lot W.13'6"-814, Henion & Bairds Sub..... 68.05 A. McDaniels Sub......... 47.66 Donald A. & Celestine Marvin V. & Maxine Hu- Vanderah, Lot 2.9, Hen- berty, Lot E.'i-815. A. ion & Bairds Sub........... 63.08 McDaniels Sub . .............. 93.71 Susan Seitz, Lot 10, Hen - Julien Improvement Co., ion & Bairds Sub........... 131.43 Lot 2-W.%-815 & E.%- Susan Seitz, Lot 11, Hen. 816, A. McDaniels Sub... 76.71 ion & Bairds Sub.........., 131.43 Julien Improvement Co., St. Joseph College, Lot 12, Lot 1-E.%-815 & W.'/e- Henion & Bairds Sub..... 171.05 815, A. McDaniels Sub... 110.70 St. Joseph College, Lot 13, Mettel Realty & Inv. Co., Henion & Bairds Sub..... 171.05 Lot W.%-816, A. Me- St. Joseph College, Lot 14, Daniels Sub . .................. 93.71 Henion & Bairds Sub..... 171.05 Caroline Heuther, Lot 1- St. Joseph College, Lot 15, 817, A. McDaniels Sub. 11.02 Henion & Bairds Sub..... 171.05 Thomas J. & Judith A. St. Joseph College, L o t Smith, Lot 2-817, A. Me- 714, Out Lot 714 ............18,721.56 Daniels Sub ..................... 100.88 St. Joseph College, Lot 3, Mettel Realty & Inv. Co., Sub. of Out Lot 741 ........ 193.09 Lot 3-817, A. McDaniels Rachael E. Patrick, Lot W Sub . .................................. 77.05 83', I.ot 769, A. McDan- Theodore R. & Mildred J. iels Sub.25.55 .......................... Jellison, Lot 1-818, A. City of Dubuque, Conlon, McDaniels Sub . ............ 14.01 Lot E%. Lot 6, A. L. Caroline Heuther, Lot 2- Brown Sub. 28.95 818, A. McDainels Sub... 164.87 Lords College, Lot 820, $29,056.97 A. McDaniels Sub......... 210.20 1 No. of Tree Removal Loras College, Lot 821, 10"-12" n $50.00 .......... 50.00 A. McDaniels Sub......... Irma B. Durrant & Ebba 210.20 3 No. of Tree Removal I. Bergquist, Lot E.'fz- 16"-18" r> 100.00 .......... 300.00 N.88'-783, A. McDaniels 8 No. of Tree Removal Sub............................ ....... 389.55 19"-24" n, 120.00 .-.......... 960.00 Theodore R. & Mildred J. 11 No. of Tree Removal Jellison, Lot 819, A. Me- 25"-30" (!P 150.00 ............ 1,650.00 Daniels's Sub . ................ 175.16 12 No. of Tree Removal Morris M. & Sylvia G. 31"-48" N) 200.00 ............ 2,400.00 Blum, Lot E.100' -S.12'- 783, A. McDaniels Sub... 19.68 4479.66 cu. yds. Concrete James D. Freeman, Lot Class A 8" 4 5.50 ........24,638.13 W.103' -S,12'-783, A. Me- 4639.2 sq. ft.* Concrete Daniels Sub ..................... 20.28 Sidewalks 4„ u 0.60 .... 2,783.52 Albert & Elsie M. Ander- 50 sq. y d s. Concrete son, Lot E.65'-W.1A-N. Driveways Cr 7.50 ........ Dr 377.55 88'•783, A. McDaniels 379 sq. ft. Concrete Side - Sub. .. 254.00 walks 6” t<4 0.70 ............ 265.30 James D. Freeman, I.ot W. 12 No. of Manholes/Grates 36.5' -W.% -N.88'-783, A. /R a i s e d/Lowered (1 McDaniels Sub . .............. 150.75 30.00 ................................ 360.00 Morris M. & Sylvia G. 818.50 Tons* 3'4" Base Blum, Lot N.62'.E.1001- Stone CG1 4.00 .................. 1,274.00 782, A. McDaniels Sub... 63.98 266 lin. ft. Concrete Saw - Morris M. & Sylvia G. in8 (w0.50 ........................ 133.00 Blum, Lot S.38'.E.1001- Lump* Extra Work .......... 211.24 782, A. McDaniels Sub... 18.19 Lump Extra Work ............ 1,200.00 Regular Session, December 2, 1984 411 3243.90 Cu. yds." Concrete Class A 8" (l 5.50 ........17.841.45 Tbtal Amount ................54,444.19 City Share ........................27,470.21 Assessable Amount ........26,973.98 7% Extra expense ........ 1,888.18 517(Interest 52 days .... 194.81 Total Assessable Amount ......................$29,056.97 All of which is assessed in pro- portion to the special benefits con- ferred University Avenue from the east property line of Alta Vista St. to the east property line of Rock St. with concrete paving. Chas. & Genevieve Lee, Lot 246, Farley's Sub. ... .$ Harriett R. Swan, Lot 245, Farley's Sub . .................. Frances Kisseli, est., Lot 44, Farley's Sub ............. Cornelia B. Delaney, Lot 1-43, Farley's Sub......... Minnie Kalmes, Lot 2.43, Farley's Sub . .................. Minnie Kalmes, L.ot S.3'6". 86, Farley's Sub. ........... Cornelia B. Delaney, Lot 37, Farley's Sub ............. City of Dubuque, Lot 38, Farley's Sub . .................. City of Dubuque, Lot 39, Farley's Sub ................... City of Dubuque, Lot 40, Farley's Sub . .................. City of Ihibuque, Lot E. 21'-41, Farley's Sub. .. John A. & Marie Nagle, Lot W.29'-41, Farley's Sub. ................................ John A. & Marie Nagle, Lot 42, Farley's Sub..... Inez N. Macke, Lot 1.1.1-3, Sub. City Lot 738 .. Inez N. Macke, Lot 2.1.1.3, Sub. City Lot 738 ... Mph R. & JoanB. Bande- kow, Lot 1.2.3, Sub. City Lot 738••••• ...................... Thomas li. & Patricia A. Martens, Lot 2.2-3, Sub, City Lot 738 .................. Thomas It. & Patricia A Martens, Lot F..42'-3.2.3 Sub. City Lot 738 ........... Thomas E. & Irene C. Cad den, L o t W.716"-3-2.3 Sub. City Lot 738 ......... 451.05 408.01 344.91 389.17 88.82 5.65 477.98 422.99 Thomas E. & Irene C. Cad - den, I.ot 4.2.3, Sub. City Lot738 ............................ Leo J. & Luella R. Seitz, Lot 3-2, Sub. City Lot 438 .................................... Joseph J. & Evelyn Wein- er, Lot 4, Sub. City Lot 138 .................................... Joseph J. & Evelyn Wein- er, Lot 2.5, Sub. City Lot738 ............................ Clyde A. Scheppele, Lot 1-5, Sub. City Lot 738 .... Jennie Terlouw, Lot F..50'- 6, Sub. City Lot 738 .... Harold T. & Glenn Con. nelly, Lot W.30'-6, Sub. City Lot 738 .................... Harold T. & Glenn Con. nelly, Lot 7, Sub. City Lot738 ............................ John W. & Helen C. Wer- ner, Lot W.3'-8, Sub. City Lot 738 .................... John W. & Helen C. Wer- ner, Lot 9, Sub. City Lot 738 .................................... 389.3t; ' 347.17 124.89 166.90 160.77 69.32 3$1.08 151.35 42.66 35.79 6.50 48.66 53.03 231.70 21663 589.36 470.93 312.56 188.37 28.26 470.93 Phomas It. & Patricia A. Martens, Lot 10, Sub. City Lot 738 .................. Tbomas E. & Irene C. Cad - den, Lot 11, Sub. City Lot738 ............................ Carl A. & Cleta S. Lenz, Lot 1, Cain's Sub. ....... Joseph & Irene Sweeney, Lot 2, Cain's Sub. ........ Fred C. & Lillian A. Ternes, Lot 1.3, Cain's Sub. .................................. Jeanette & Jos F. Walker, Lot 2-3, Cain's Sub......... John P. & Eileen Fury, Lot 1.4, Cain's Sub....... John & Hilda Leppert, Lot 2.4, Cain's Sub ............... Telegraph -Herald, Lot 8, Cain's Sub ....................... Wilbur P. Leonard, Lot 9, Cain's Sub .................:..... Aubrey & Lorelle Cripe, Lot 10, Cain's Sub......... Francis P. & Joan M. O'Brien, Lot 1, MCKay Place................................ Robert F. & MCKae Buri, Lot 2, Place Edith Ryder, Lot m.45'-1, Sub. Lots 1 & 4 McNulty Sub. ................................. 470.93 506.93 538.93 181.12 82.88 38.33 13.47 33.15 680.21 139.49 68.94 902.20 226.99 78.46 412 Regular Session, December 2, 1963 Edith Ryder, Lot 7, Sub. Mary S. Duffy, Lot 2.18, Lots 5, 8, & 9 McNulty Sub. City Lot 703 ........ 18.65 Sub . .................................. 42.20 Blanche M. Bowen, Lot 1 - Edith Ryder, Lot 6, Sub. 18, Sub. City Lot 703 .... 14.98 Lots 5, 8, & 9 McNulty Nellie Scardino, Lot 1.20, Sub . .................................. 4.14 Sub. City Lot 703 ........ 121.57 Louise B. Beibermann, Lot L e n a Schmal, Lot 2-20, 5, Sub. Lots 5, 8, & 9 Sub. City Lot 703 ........ 71.20 McNulty Sub ................... 4.14 Archie A. & Ada M. Baker, Louise B. Beibermann, Lot Lot 21, Sub. City Lot 4, Sub. Lots 5, 8, & 9 703 .................................... 239.33 McNulty Sub ................... 35.41 Alfred E. & Loretta Heim, Louise B. Beibermann, Lot Lot 22, Sub. City Lot 3, Sub. Lots 5, 8, & 9 703 .................................... 40.69 McNulty Sub ................... 0.57 Augusta H. Bornhauser, William B. Meuser, etal, Lot 2-16, Kelly's Sub..... 18.84 Lot 2, Sub. Lots 5, 8, & Gustave & Hazel Schulz, 9 McNulty Sub ............... 0.38 Lot 17, Kelly's Sub. .... 49.45 William B. Meuser, etal, Marie F. Schmidt, Lot 1-1. Lot 1, Sub. Lots 5, 8, & 15, Kelly's Sub ............... 244.88 9 McNulty Sub . ............ 17.80 David & Mary Jane Sny- Edna Rose Fuhrman, Lot der, Lot 2.1.15, Kelly's 1-2, T.H. McNulty Sub... 926.60 Sub . .................................. 245.91 John W. Zaug, Lot 2-2, Orva K. & Neva Shoars, T.H. McNulty Sub. .... 157.01 Lot N.100'-14, Kelly's Karl J. & Vivian G. Wal- Sub . .................................. 490.81 ech, L o t 1, Newburg Orva K. & Neva Shoars, Sub . .................................. 94.56 Lot S.50'-14, Kelly's Sub. 61.22 Joseph J. Sullivan, Lot 2, Walter B. & Veronica Newburg Sub . ................ 38.62 Strandberg, Lot N.90'-13, Eldon L. & H e 1 e n M. Kelly's Sub . .................... 450.21 Streif, Lot 3, Newburg Joseph & Emma K. Ley, Sub . .................................. 29.20 Lot S.60'-13, Kelly's Sub. 89.66 Mettel Realty & Inv. Co., Blanche Donovan, Lot E. Lot 4, Newburg Sub..... 20.81 %-N.%-12, Kelly's Sub. 207.96 Arthur W. & Dorothy E. Leo W. Foell, Lot W.% - Furlong, Lot 5, Newburg N.%-12, Kelly's Sub. .. 207.96 Sub . .................................. 15.63 Merle H. & Florence City of Dubuque, Lot 1.14, Bandy, Lot N.40' -S.%-12, Sub. City Lot 703 .......... 72.24 Kelly's Sub . .................... 82.32 Frank Hardie Adv. Co., Joseph & Emma K. Ley, Lot 2-14, Sub. City Lot Lot S.35' -S.%-12, Kelly's 703 ......................... . .......... 237.16 Sub . .................................. 43.42 Frank Hardie Adv. Co., Lot 1-3-14, Sub. City Lot Margt. & Clarence L. 703 .................................... 21,47 Schadle, L o t N.40' -W. Mary G., Robert J. & Mil- 100'-1 Sub, of 18, 19, & 20 Kelly's Sub 4.52 dred A. McMahon, Lot 2- 3-14, Sub. City Lot 703 ................. A 1 b e r t L. & Evelyn C. .. Henry & Inez Sibley, Lot 18.46 Brewer, Lot 2.2.10 & 2 - 1-16, Sub. City Lot 703 160.12 11, Kelly's Sub . ............ 22.42 .. Henry & Inez Sibley, Lot Jerome Il. & Mida II. Web. 2-16, Sub. City Lot 703 .. 12.81 er, Lot 1-2.10 & 2-11, Kelly's Sub . .................... 44.06 Mary G., Robert J. & Mil- Virgil L. & Virginia I. dred A. McMahon, Lot 1- Petty, Lot 2-21, Sub. of 15, Sub. City Lot 703 .. 81.09 22 & 23 Kelly's Sub... 16.20 Alfred E. & Loretta Heim, Virgil L. & Virginia I. Lot 2.15, Sub. City Lot 703 Petty, I.ot 2-5, Kelly's .................................... 338.77 Sub. .................................. 3.30 Blanche M. Bowen, Lot 1- 17, Sub. City Lot 703 Merlin & Mary Boffeli, Lot .... Dubuque County, I.ot 2.17, 38.99 E.29'6"-9, Kell'ys Sub... 327.01 Sub. City Lot 703 Nellie C. Hennings, Lot W. .......... 9.51 18'-9, Kelly's Sub. ........ 201.27 Regular Session, December 2, 1963 413 Matthew B. & Lillian Olan- Elmer H. & Marcella W. sky, Lot 1-8, Kelly's Sub. 232.87 Krapfl, Lot 2, Oxford Blanche M. Delaney, Lot 2- Heights............................ 588-97 8, Kelly's Sub ................. 347.92 Harry & Goldie Kopple, Florian J. Kasper, Lot 7, Lot 3, Oxford Heights .. 300.26 Kelly's Sub . .................... 562.85 Harry & Goldie Kopple, Florian J. Kasper, Lot 6, Lot E.5'4, Oxford Kelly's Sub . .................... 563.42 Heights .......... 50.58 Florian J. Kasper, Lot E. Francis C. & Rita Mary 13'-5, Kelly's Sub........... 173.15 Funk, Lot W.45'-4, Ox. Florian J. Kasper, Lot W. ford Heights .................... 455.57 37'-5, Kelly's Sub.......... 423.08 Jos. A. & Margretha C. Julia Clow, Lot 4, Kelly's Zwack, Lot 5, Oxford Sub . .................................. 589.11 ............................ Heights482.61 Matthew B. & Lillian Olan- Keith & Mary D. Schol- sky, Lot 2-6, Sub. 22 & field, Lot 6, Oxford 23, Kelly's Sub ............... 1.60 Heights ............................ 482.61 Matthew B. & Lillian Olan- Keith & Mary D. Schol- sky, Lot 2-24, Kelly's field, Lot E.%-7, Oxford Sub . .................................. 4.33 Heights ............................ 241.30 Leonard M. & Mary Ellen Albert D. Dennis, Lot W. Hansen, Lot EA -25, %-7, Oxford Heights .... 241.30 Kelly's Sub . .................... 1.79 Albert D. Dennis, Lot 8, Carl L. & Velma H. Wild, Oxford Heights .............. 482.61 Lot 3, Kelly's Sub......... 589.12 Mettel Realty & Inv. Co., Clem Burke, Lot 2, Kelly's Lot 1.1, Mineral Lot 82 392.56 Sub . .................................. 5M.24 Olga Sproule, Lot 2-1, Min - Clem Burke, Lot 2.1, Kel- eral Lot 82 .................... 292.63 ly's Sub ............................. 50.77 Philomena Burg, Lot 2, E l m e r& Virginia Butt, Court ................................ 66.40 Lot 1.1, Kelly's Sub..... 497.30 Edw. R. & Rose M. Me - James I- & Bernadette C r a n e y, Lot 3, Yale 43.70 Lane, Lot 2, Mobley's 281.80 Court ................................ Melvin W.Lorraine Dubuque .......................... Remy, it YaCourt James L. & Bernadette Elvin E. Olin, Lot 1.6, Yale Lane, Lot 3, Mobley's Court 8.67 Dubuque .......................... 44126 ................................ Edwin C. & Mabel Kueh- James C. & Annie McDer- nle, Lot 7, Yale Court .... 7.35 mott, Lot N.70-5, Mob- Edwin C. & Mabel Kueh- ley's Dubuque ................ 315.33 nle, Lot 8, Yale Court .... 14.13 Fay B. McDermott, Lot S. Melvin W. & Lorraine 59'-5, Mobley's Dubuque 9409 Remy, Lot 1-1-15, Yale Francis L. & Juanita Kitto, Court ................................ 39.18 Lot 6, Mobley's Dubuque 412.72 Edwin C. & Mabel Kueh- Francis L. & Juanita Kitto, nle, Lot 2-1.5, Yale 1.88 Lot 1-7, Mobley's Dubu- Court ................................ que . 322.68 Elvin E. Olin, Lot 2-5, Elmer & Virginia Butt, Yale Court ...................... 1.51 Lot 2.7, Mobley's Dubu- Edwin C. & Mable Kueh- que 46.25 nle, Lot 1-1.1.1.9, Yale .................................... L. C. Francis & Juanita Court ................................ 18.08 Kitto, Lot 1.1, Collins W. &1Lorr ine Melvin Sub. 34.19 a Remy, .................................. Clen H. & Clara Hicks, Lot Yale Court ...................... 18.08 6, Collins Sub ................. 42.20 Edw. R. & Rose M. Me - Lot 2.2.1-1-1.9, Robert & Norma Gibbs, 7.72 Craney, Yale Court ...................... 14.69 Lot 4, Keogh's Sub....... Edwin C. & Mabel Koch - James L. & Bernadette nle, Lot 2.1.1.9, Yale Lane, Lot 5, Koegh's 42.01 Court ............................... 17.52 Sub. 1, Elvin E. Olin, Lot 1-2-1-9, Abeline C. Pape, Lot 374,20 Yale Court �� 16.95 Oxford heights ltd iteEular Session, December 2, 1961 Edwin C. & Mabel Kuch- n1c, Lot 1-2-2-1.9, Yale Court............ ......:............. 8.48 Edwin C. & Mabel Kueh- nle, Lot 2-9-2-1-9, Yale Court......... :..... ...:............. 0.94 Dubuqud Credit Service, Lot 1-1 1 1.11, Kelly's Sub. .................................. 141.28 Mettel Realty, Lot 2.1-1-1. 11, Kelly's Sub ............... 111.61 Wilfred C. & Harriet A. Weber, Lot 2-1-1-11, Kel- WsSub ............................. 168.59 Mary Dougherty, Lot 2-1- 11, Kelly's Sub ............... 9 51 Margt. LaStant, Lot 1-1-1- 10, Kelly's Sub ............... 144.20 Mary Dougherty, Lot 2-1-1• 10, Kelly's Sub ............... 174.90 Dubuque Credit Service, Lot 2-1-10, Kelly's Sub... 104.83 Blanche M. Bowen, Lot 1- 1-16, Kelly's Sub. .......... 7.06 Alois A. & Vaugh Rada- baugb, Lot 2-1.16, Kel- ly's Sub . .......................... 4.71 Sisters of Visitation, Lot 1-1, Mineral Lot 86 ........ 283.97 Sisters of Visitation, Lot 2-1, Mineral Lot 86 ........ 2,105.61 George & Anna Duscher, Lot 1, Beadle Place ...... 550.80 $31,828.78 Tree Removal 2 No. of 25"-30" @ $150.- 150:00 .............. ................ 00..................................... .$ 300.00 11 No. of 31"-48" @ $200.- 200:00 00...................................... 2,200.00 4878.96 cu. yd. Concrete Class A 8" @ $6.50 ......26,834.28 3,893.3 sq. ft. Sidewalks, Concrete 4" @ $0.60 .... 2,335.98 862 sq. ft. Concrete Side- walks 8" @ 0.70 ............ 603.40 3812 sq. yd. Concrete Driveways @ $7.50 ........ 2885.90 16 No. of Manholes or Grates Raised/Lowered @ $30.00 .......................... 480.00 1321.40 Tons a/4" B a s e StoneDa $4.00 ................ 5,285.60 17.5 sq. yd. Alley Drives @ $7.50 ............................ 131.25 2 No. of AA Catch Basin, Build @ $600.00 ............ 1,200.00 2 No. of Single Catch Basin, Build @ $200.00 400.00 424.5 lin. ft. Concrete Saw- ing @ $0.50 .................... 212.25 4 No. of Catch Basins, Single Remove & Re- place @ $225.00 ............ 900.00 No. of Catch Basins, Double Remove ((v $50.. 00 ...................................... 100.00 .ump Extra Work ............ 432.43 1533.04 cu. yd. Concrete Class A 8" ,1 $5.50 ........10,431.72 Total Amount ................$61,132.81 City Share .................... 31,585.73 $29.547.08 7% Extra Expense ...... 2,068.30 5% Interest-52Days .. 213.40 Total Assessable Amount ......................$31,828.78 All of which is assessed in pro- portion to the special benefits con- ferred. Passed, adopted and approved this 2nd day of December 1963. JAMES J. KEAN Mayor JOHN P. SCHREIBER PETER J. TAKOS ROBERT J. HORGAN Councilmen Attest: LEO V. FROMMELT City Clerk Councilman Schreiber m o v e d the adoption of the resolution. Sec- onded by Councilman Takos. Car- ried by the following vote: Yeas -Mayor Kean, Councilmen Horgan, Schreiber, Takos. Nays -None. Absent -Councilman Schaller. Proofs of Publication, certified to by the Publishers, of Notice of public hearing to consider proposal to authorize the issuance of street improvement bonds to pay for the cost of constructing CITY OF DU- BUQUE 1963 CONCRETE PAVING WITH INTEGRAL CURB PROJECT NO. 1, presented and read. Coun- cilman Takos moved t h a t the proofs of publication be received and filed. Seconded by Councilman Horgan. Carried by the following vote: Yeas -Mayor Kean, Councilmen Horgan, Schreiber, Takos. Nays -None. Absent -Councilman Schaller. RESOLUTION NO. 137.63 Resolution providing for the is- suance of S t r e e t Improvement bonds for the purpose of provid- ing for the payment of the assessed cost of the improvement of City of Dubuque 1963 Concrete Paving with Integral Curb Project No. 1. Regular Session, December 2, 1963 415 Whereas the contract heretofore 1 entered into by the City of Du- s buque, Iowa, for the improvement b hereinafter described has been in completed and the City Manager has certified the completion there- f of to the City Council and the City Council has ascertained the 4 cost thereof and has determined that $169,589.44 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 stating 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 ob- jections made thereto have been considered 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 the improvement of CITY OF DUBU- QUE 1963 CONCRETE PAVING WITH INTEGRAL CURB PROJECT NO. 1 on the following framed streets: 1. North Grandview Avenue from the north property line of Kane Street to the south property line of West 32nd street. 2. East Sixteenth street from the cast property line of Sycamore street to the east property line of Kerper Blvd. 3. Harrison street from the north property line of Railroad Ave. to the north property line of Lot 1 of Commercial Sub. 4. Loras Blvd. from the West property line of Locust street to the west property line of Walnut street. 5. University Avenue from the cast property line of Alts Vista street to the east property line of Rock street. there shall be issued Street Im- provement bonds in the amount of $169,589.44 Dollars in anticipa- tion of the deferred payment of assessments levied for such im- provement. 2. Such bonds shall be called Street improvement bonds; a n d shall bear the date of January 3, 964; and shall be numbered con. ecutively; and they shall be num- ered, divided into series, and be such denominations and for such TT dates as are shown in the ollowing table: 3aries No. 1, Bond No. 4681 to 714 both inclusive, $500.00 each, April 1, 1965 Series No. 2, Bond No. 4715 to 4748 both inclusive, $500.00 each. April 1, 1966 Series No. 3. Bond No. 4749 to 4782 both inclusive. $500.00 each, April 1, 1967 Series No. 4, Bond No. 4783 to 4816 both inclusive, $500.00 each, April 1, 1968 Series No. 5, Bond No. 4817 to 4850 both inclusive, $500.00 each, April 1, 1969 Series No. 6, Bond No. 4851 to 4884 both inclusive, $500.00 each, April 1, 1970 Series No. 7. Bond No. 4885 to 4918 both inclusive, $500.00 each, April 1, 1971 Series No. 8. Bond No. 4919 to 4952 both inclusive, $500.00 each, April 1, 1972 Series No. 9, Bond No. 4953 to 4986 both inclusive, $500.00 each, April 1, 1973 Series No. 10, Bond No. 4987 to 5018 both inclusive, $500.00 each, April 1, 1974 Series No. 10, Bond No. 5019, $589.44. April 1, 1974 3. Said bonds shall bear interest at the rate of 5 per cent per an- num, payable se►ni•annually in ac- cordance with coupons thereto at- tached: 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: No. ........................................................ SeriesNo ....................... ....... ...... CITY OF DUBUQUE Street Improvement Bond The City of Dubuque in the State of Iowa promises to pay as here. inafter mentioned to the bearer hereof, on the first e before that ........I or at anyi 416 Regular Session, December 2, 1963 date, at the option of the Citi of Dubuque, the sume of Five Hun dred dollars with interest thercor at the rate of 5 per cent per an num, payable semi-annually, on the presentation and surrender of the interest coupons hereto attached. Both principal and interest of thiss 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 Du- buque under and by virtue of Chap- ter 396 of the 1954 Code of Iowa, as amended, and the Resolution of said City duly passed on the 2nd day of December, 1963, being Reso- lution No. 237-63. This Bond is one of a series of 339 bonds, 338 for $500.00 num- bered from 4681 to 5018 both in- clusive, and one for $589.44 num- bered 5019, all of like tenor and date, and issued for the purpose of the improvement of City of Du- buque 1963 Concrete Paving with Integral Curb Project No. 1 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. 1246 created by the collection of said special tax, and said fund can be used for no other purpose. It is hereby certified and recited that all the acts, conditions and things required to be done, prece- dent to and in issuing this series of bonds, have been done, hap- pened, and performed, in regular and due form, as required by law and said Resolution, and for the assessment, collection and payment hereon of said special tax, the full faith and diligence of said City of Dubuque are hereby irrevocably pledged. IN TESTIMONY WHEREOF the City of Dubuque by its Council has caused this bond to be signed by its Mayor and countersigned by its City Clerk and the Seal ofsaid City to be thereto affixed, this 3rd day of January, 1964. ............................................................... (SEAL) Mayor ................................................................ City Clerk (Form of Coupon) On the .... day of ..................... the City of Dubuque, Iowa, promises to pay to the bearer, as provided in said bond, the sum of ............ Dollars, in the office of the City Treasurer in the City of Dubuque, being .... months' interest due that on its ............ Bond No......... dated ................................................ I............... Mayor ................................................................ City Clerk 6. That the Mayor and City Clerk be and they are hereby instructed to cause said bonds to be prepared and when so prepared to execute said bonds and that the City Clerk be and he is hereby instructed to register said bonds in a book kept 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. 1246 and paid out by him to pay the cost of said contract. 8. That the interest coupons at- tached to the bonds be signed with the facsimile signature of the 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, the City Treasurer is directed to call these bonds in the same order as numbered. 10. Notice of election to call these bonds shall be given by reg. ular United States Mail addressed to the last known address of the purchaser. PASSED, ADOPTED AND AP- PROVED this 2nd day of December 1963. JAMES J. KEAN Mayor JOHN P. SCHREIBER PETER J. TAKOS ROBERT J. HORGAN Councilmen Attest: LEO F. FROMMELT City Clerk a Regular Session. Decernher 2, 1963 417 Councilman Schreiber m o v e d the adoption of the resolution. Sec- onded by Councilman Horgan. Car. ried by the following vote: Yeas—Mayor Kean, Councilmen Horgan, Schreiber, Takos. Nays—None. Absent—Councilman Schaller. RESOLUTION NO. 238-63 Resolution for Transfer of Dead Funds WHEREAS, there is now in the hands of the treasurer the sum of $47,184.713, credited to the Park- ing I.ot Revenue Bond Sinking fund, and WHEREAS, said sum of money was raised for the purpose of Parking Lot Revenue Bonds, and WHEREAS, the purpose for which said sum of money was raised has ceased to exist, NOW, THEREFORE, be it re- solved by the City Council of the City of Dubuque of Dubuque Coun- ty, Iowa, that the said sum of $47,184.76 be and the same is here- by transferred from the Parking Lot Rev. Bd. Skg. fund to the Park- ing Meter fund (or funds) and the City Auditor (secretarial officer) is directed to correct his hooks ac- cordingly and to notify the treas- urer of this transfer, accompanying the notification with a copy of this resolution and the record of its adoption. (Presiding Officer) James J. Kean Mayor (Secretarial Officer) Leo F. Frommelt City Clerk The above and foregoing resolu- tion was adopted by the City Coun- cil of the City of Dubuque, Du- buque County, Iowa, at a regular meeting of the same on the 2nd day of December A. D. 1963. The vote thereon being as follows: Ayes—lames J. Kean, Mayor, Robert J. Horgan, John P. Schrei- ber, Peter J. Takos. Nays—None. Absent—Councilmen Schaller. (Presiding Officer) James J. Kean Mayor (Secretarial Officer) Leo F. Frommelt City Clerk Councilman Schreiber moved the adoption of the resolution. Sec- onded by Mayor Kean. Carried by the following vote: Yeas—Mayor Kean, Councilmen Horgan, Schreiber, Takos. Nays—None. Absent—Councilman Schaller. RESOLUTION N0, 239-63 RESOLUTION AND APPLICATION FOR APPROVAL OF THE PERMANENT TRANSFER OF FUNDS WHEREAS, there is now in the hands of the treasurer the sum of $200,055.95, credited to the Gen- eral fund, and WHEREAS, there is now in the hands of the treasurer the sum of $15,311.91, credited to the Rec- reation—Park General fund, and WHEREAS, it is desired to trans- fer $1,500.00 f r o m the General Find to the Recreation—Park Gen- eral Fund, for the following rea- sons: To establish an unappropriated Crash Balance in the Recreation Park General Fund, necessary to amend the 1963 budget and to meet committments in connection with the Park Department's Moore's Mill development and WHEREAS, said transfer is to be permanent in accordance with Section 24.22, Code of Iowa, and WHEREAS, there is sufficient money in the General fund to meet all demands thereon, and WHEREAS, all laws relating to municipalities have been complied with, NOW THEREFORE, be it re- solved by the City Council of the City of Dubuque of Dubuque Coun- ty, Iowa, subject to the approval of the State Comptroller, that said sum of $1,500.00 be, and the same is hereby transferred from the General funds to the Recreation— Park General fund, and the City A u d i t o r (Secretarial officer) is directed to correct his books ac- cordingly and to notify the treas- urer of this transfer, accompanying thi the notification with a copy resolution and the record of its adoption. The vote thereon was as follows: 418 Regular Session, December 2, 1963 A y e s --James J. Kean, Mayor, Robert J. Horgan, John P. Schrei- ber, Peter J. Takos, Councilmen. Nays—None. Absent — Councilman L o u i s Schaller. James J. Kean (Presiding officer) Leo F. Frommelt (Secretarial officer) I hereby certify the above to be a true and correct copy of reso- lution passed by the City Council on the End day of December, A. D. 1963. Leo F. Frommelt (Secretarial officer) APPROVAL The above application and res- olution having been filed with the State Comptroller, the transfer re- quested is approved this 4 day of Dec., 1963. Marvin R. Selden Jr. State Comptroller Councilman Schreiber m o v e d the adoption of the resolution. Sec- onded by Councilman Takos. Car- ried by the following vote: Yeas—Mayor Kean, Councilmen Horgan, Schreiber, Takos. Nays—None. Absent—Councilman Schaller. RESOLUTION NO. 240.63 RESOLUTION AND APPLICATION FOR APPROVAL OF THE PERMANENT TRANSFER OF FUNDS WHEREAS, there is now in the hands of the treasurer the sum of $200,055.95, credited to the Gen- eral fund, and WHEREAS, there is now in the hands of the treasurer the sum of None, credited to the Debt Serv- ice fund, and WHEREAS, it is desired to trans- fer $1,950.00 f r o m the General Fund to the Debt Service Fund, for the following reasons: To increase the unappropriated Cash Balance in the Debt Service Fund apd to make possible the amending of the 1963 budget, nec- essary to cover payment of a judge - wept of $1,950.00 not included in the original 1963 budget approprut. tions and WHEREAS, said transfer is to be permanent in accordance with Section 24.22, Code of Iowa; and WHEREAS, there is sufficient money in the General fund to meet all demands thereon, and WHEREAS, all laws relating to municipalities have been complied with, NOW THEREFORE, be it re- solved by the City Council of the City of Dubuque of Dubuque Coun- ty, Iowa, subject to the approval of the State Comptroller, that said sum of $1,950.00 be, and the same is hereby transferred from the Gen- eral fund to the Debt Service fund, and the City Auditor (Secretarial officer) is directed to correct his books accordingly and to notify the treasurer of this transfer, ac- companying the notification with a copy of this resolution and the record of its adoption. The vote thereon was as follows: Ayes—James J. Kean, Mayor, Robert J. Horgan, John P. Schrei- ber, Peter J. Takos, Councilmen. Nays—None. Absent — Councilman L o u i s Schaller. James J. Kean (Presiding officer) Leo F. Frommelt. (Secretarial officer) I hereby certify the above to be a true and correct copy of reso- lution passed by the City Council on the 2nd day of December, A. D. 1963. Leo F. Frommelt (Secretarial officer) APPROVAL The above application and reso- lution having been filed with the State Comptroller, the transfer re- quested is approved this 4 day of Dec., 1963. Marvin R. Selden Jr. State Comptroller Councilman Takos moved t h e adoption of the resolution. Sec- onded by Councilman Horgan. Car- ried by the following vote: Yeas—Mayor Kean, Councilmen Horgan, Schreiber, Takos. Horgan, Schreiber, Takos. Nays—None. Absent—Councilman Schaller. Regular Session, December 2, 1%3 419 RESOLUTION NO. 141-63 Amending Allocation of Funds. WHEREAS, the City Council of the City of Dubuque, allocated funds within the General Fund, Street Fund, Public Safety Fund, Sanitation Fund and Recreation Fund on January Paragraph 96 Sand Sec WHEREAS, Sec- tion 5 of the Acts of the Fifty Fourth General Assembly provides that the City Council may amend I h c allocation of Funds within the functional funds by resolution, therefore, Be it resolved that the allocation of funds within the General Fund, Street Fund, Public Safety Fund, and Recreation Fund are hereby amended by the following changes: GENERAL FUND Item 102• --City Manager's Office Item 10"ity Engineer's Office Item 113—City Elections Item 186—Air Polution Control Item —Beer Permit Refunds Item 147—Planning & Zoning STREET FUND Item 130-1—Dutch Elm -Tree Trimming Item 130—Tree Trimming PUBLIC SAFETY FUND Item 148E—Ambulance Item 118—Police Department from 40,190.00 to 42,790.00 from 69,213.00 to 69,713.00 from 3,700.00 to 4,050.00 from —0— to 2,000.00 from 2,000.00 to 2,125.00 from 18,795.00 to 13,220.00 from 15.208.00 to 15,708.00 from 26,135.00 to 25,635.00 from 12,857.00 to 13,357.00 from 437,024.00 to 436,524.00 SANITATION FUND Item 134—Rubbish, Garbage Collec. from 130.300.00 to 145,300.00 Item 117—Levee Maintenance 128—Control of Contagious Dis. from 4,170.00 t:) from 7,260.00 to 670.00 5,760.00 Item Item 127—Sewer Maintenance from 60,156.00 to 54,156.00 2,000.00 Item 162—City Share Spec. Sewer Tax from 6,000.00 to RECREATION GENERAL FUND Itcm 145A --Recreation Admin. Item 145B—Outdoor Recreation Item 145E—Swimming Pool Passed, adopted and approved this 2nd day of December 1963. JAMES J. KEAN Mayor JOHN P. SCHREIBER PETER J. TAKOS ROBERT J. HORGAN Councilmen Attest: LEO F. FROMMELT City Clerk Councilman Takos moved t h e adoption of the resolution. Sec- onded by Councilman Horgan. Car- ried by the following Vote- yeas—Mayor Kean, Councilmen Horgan, Schreiber, Takos. Nays—None. Absent—Councilman Schaller. Proof of Publication, certified to by the Publisher, of Notice to con- tractors of the receipt of proposals for the construction of an 8" son- itary sewer between Lincoln Ave- nue and Thomas Place beginning at the existing sanitary sewer in Lincoln Avenue at the S. E. 125' of Lot 99 of McCraney's 1st Addn. from 20,411.00 to 20,511.00 from 39.841.00 to 42,091.00 from 26,271.00 to 23,921.00 thence westerly thru said lot to the N. W. 147' of Lot 99 of Mc- Craney's 1st Addn. thence south- erly to Lot 1-B of Lot 96 of Mc- Craney's 1st Addn. and northerly to Lot 2 of Lot 103 of McCraney's 1st Addn., presented and read. Councilman Takos moved that the proof of publication be received and filed. Seconded by Councilman Schreiber. Carried by the follow- ing vote: Peas—Mayor Kean, Councilmen Horgan, Schreiber, Takos. Nays—None. Absent—Councilman Schaller. December 2, 1963 To the Honorable Mayor and City Council Gentlemen: Sealed bids were received on December 2, se8cr63 r f between eLin� Inch sanitary coln Avenue and Thomas Place. T h e lowest bid submitted was e n t e r e d by Smitty's Excavating Service of Dubuque, Iowa. The bid 420 Regular Session, December 2. 1963 was 16.4% below the estimate. A Tabulation of bids received is at. tached. I recommend that the contract for the improvement be awarded to Smitty's Excavation Service. Very truly yours, Gilbert D. Chavenelle City Manager Councilman Takos moved that the recommendation of the Man- ager be approved. Seconded by Councilman Schreiber. Carried by the following vote: Yeas—Mayor Kean, Councilmen Horgan, Schreiber, Takos. Nays—None. Absent—Councilman Schaller. (Awarding Contract) RESOLUTION NO. 242.63 WHEREAS, s e a l e d proposals have been submitted by contrac- tors for the construction of an eight inch (8") sanitary sewer be- tween Lincoln Avenue and Thomas Place beginning at the existing sanitary sewer in Lincoln Avenue at the S.E. 125' of Lot 99 of Me- Craney's 1st Addition, thence west- erly through said lot to the N.W. 147' of Lot 99 of McCraney's 1st Addition, thence southerly to Lot 1-B of Lot 96 of McCraney's 1st Addition and northerly to Lot 2 of Lot 103 of McCraney's 1st Ad- dition pursuant to Resolution No. 218-63 and notice to bidders pub- lished in a newspaper published in said City on November 11, 1963 and November 18, 1963; and WHEREAS, said sealed proposals were opened and read on Decem- ber 2, 1963, and it has been deter- mined that the bid of Smitty's Excavating Service of Dubuque, Iowa in the amount of $3,517.00 was the lowest bid for the fur- nishing of all labor and materials and performing the work as pro- vided for in the plans and specifi- cations; now therefore. BE IT RESOLVED by the City Council of the City of Dubuque that the contract for the above mentioned improvement be award- ed to Smitty's Excavating Service of Dubuque, Iowa and the Manager be and he is hereby directed to execute a contract on behalf of the City of Dubuque for the com- plete performance of said work. BE IT FURTHER RESOLVED, that upon the signing of said con- tract and the approval of the con- tractors bond the City Treasurer is authorized and instructed to re- turn the bid deposits of the un- successful bidders. Passed and adopted this 2nd day of December, 1963 JAMES J. KEAN Mayor JOHN P. SCHREIBER PETER J. TAKOS ROBERT J. HORGAN Councilmen Attest: LEO F. FROMMELT City Clerk Councilman Takos moved the adoption of the resolution. Sec- onded by Councilman Horgan. Car- ried by the following vote: Yeas—Mayor Kean, Councilmen Horgan, Schreiber, Takos. Nays—None. Absent—Councilman Schaller. December 2, 1963 To the Honorable Mayor and City Council Gentlemen: The Shiras Avenue Storm Sewer has been completed in accordance with plans and specifications by Smitty's Excavation Service of Du- buque, Iowa. I recommend the acceptance of the improvement. Very truly yours, Gilbert D. Chavenelle City Manager Councilman Schreiber m o v e d that the recommendation of the City Manager be approved. Sec- onded by Councilman Takos. Car- ried by the following vote: Yeas—Mayor Kean, Councilmen Horgan, Schreiber, Takos. Nays—None. Absent—Councilman Schaller. FINAL ESTIMATE RESOLUTION NO. 243-63 WHEREAS, the contract for the construction of a seventy-eight inch (78") storm sewer in Shiras Avenue from the existing storm sewer ad- jacent to the Park Entrance to a point one hundred fifty feet (150') East has been completed and the City Engineer has submitted his final estimate showing the cost thereof now therefore, BE IT RESOLVED, by the City Council of the City of Dubuque, That the cost of said improve- ment is hereby determined to be $5,777.46. Regular Session, December 2, 1963 4211 That none of the cost thereof shall be assessable upon private property and $5,777.46 shall be paid from the Sanitation Fund of the City of Dubuque. Passed, adopted and approved this 2nd day of December, 1963. JAMES J. KEAN Mayor JOHN P. SCHREIBER PETER J. TAKOS ROBERT J. HORGAN Councilmen Attest: LEO F. FROMMELT City Clerk Councilman Schreiber moved the adoption of the resolution. Second- ed by Councilman Takos. Carried by the following vote: Yeas—Mayor Kean, Councilmen Horgan, Schreiber, Takos. Nays—None. Absent—Councilman Schaller. (A Resolution Accepting Improvement.) RESOLUTION NO. 24463 WHEREAS, the contract for the construction of a seventy-eight inch (78") storm sewer in Shiras Avenue from the existing storm sewer ad- jacent to the Park Entrance to a point one hundred fifty feet (150') East. has been completed and the City Manager has examined t h e work and filed his certificate stat- ing that the same has been com- pleted according to the terms of the contract, plans and specifica- tions and recommends its accept- ance, now therefore, BE IT RESOLVED, by the City Council of the City of Dubuque, that the recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted BE IT FURTHER RESOLVED, that the City Treasurer be and he is hereby directed to pay to the contractor from the Sanitation Fund in a m o u n t equal to the amount of his contract, less any retained percentage provided for therein. Passed, adopted and approved this 2nd day of December, 1963 JAMES J. KEAN Mayor JOHN P. SCHREIBER PETER J. TAKOS ROBERT J. HORGAN Councilmen Attest: LEO F. FROMMELT City Clerk Councilman Schreiber moved the adoption of the resolution. Second. ed by Councilman Takos. Carried by the following vote: Yeas—Mayor Kean, Councilmen Horgan, Schreiber, Takos. Nays—None. Absent—Councilman Schaller. RESOLUTION NO. 24563 WHEREAS, the City of Dubuque by and through its City Council proposes to construct, erect and operate a multiple story motor vehicle Parking Ramp for the park- ing of motor vehicles; and WHEREAS, the City of Dubuque by and through its City Council proposes to construct, erect and maintain said Parking Ramp in the area bounded on the north by Ninth Street, bounded on the west by Bluff Street, bounded on the south by Eighth Street and bound- ed on the cast by Locust Street, all in the City of Dubuque, Iowa; and WHEREAS, the City of Dubuque by and through its City Council proposes to acquire the real estate, not already owned by the City, within the area bounded by the streets hereinabove described upon which to locate said Parking Ramp; and WHEREAS, the City Council of Dubuque, Iowa, heerby determines that a public hearing should be held to determine whether or not public convenience and necessity will be served by the establishment of such facilities, which p u b l i c hearing shall be held as required by the provision of Section 390.1 of the 1962 Code of Iowa, as amend- ed. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF DUBUQUE. IOWA: Section 1. That a public hearing be held in the Council Chamber in the City Hall, in the City of Dubuque, Iowa, on the 23rd day of December, 1963, at 7:30 o'clock P.M., Central Standard Time for the purpose of determining wheth- er es not %%public ill becoerved convenience the necessity establishment of such facilities, and any person affected by the estab- lishment of such facilities object pear at such hearing andthereto. .422 Regular Session, December 2, 1963 Section 2. That the City Clerk be and he is hereby authorized and directed to cause notice of such meeting to be published in the Telegraph -Herald, a newspaper of general circulation, published in the City of Dubuque, Iowa, once, which publication of notice shall be not less than two weeks prior to such meeting. Passed, adopted and approved this 2nd day of December A.D., 1963. JAMES J. KEAN Mayor JOHN P. SCHREIBER PETER J. TAKOS ROBERT J. HORGAN Councilmen Attest: LEO F. FROMMELT City Clerk Councilman Horgan moved the adoption of the resolution. Second- ed by Councilman Takos. Carried by the following vote: Yeas—Mayor Kean, Councilmen Horgan, Schreiber, Takos. Nays—None. Absent—Councilman Schaller. RESOLUTION NO. 246.63 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 a n d Cigarette Papers within said City. Name Address Ahoy Kennedy, 103 East 22nd Street Raphael William Grant, 3050 Asbury Street BE IT FURTHER RESOLVED that the bonds filed with the ap- plication be approved. Passed, adopted and approved this 2nd day of December, 1963. JAMES J. KEAN Mayor JOHN P. SCHREIBER PETER J. TAKOS ROBERT J. HORGAN Councilmen Attest: LEO F. FROMMELT City Clerk Councilman Schreiber moved the adoption of the resolution. Second- ed by Councilman Takos. Carried by the following vote: Yeas—Mayor Kean, Councilmen Horgan, Schreiber, Takos. Absent—Councilman Schaller. RESOLUTION NO. 24763 WIfEREAS, 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 issued upon the compliance with the terms of the ordinances of the City. Name Address CLASS "B" BEER PERMIT Marcella Roeder, 678 Central Ave- nue Roger J. Bertsch, 326 Main Street Leo F. Heiden, 238 West 6th Street Lincoln G. Schaffert, 1900.Wash- ington Street Lorraine Gordon, 2327 Central Ave- nue Alvy Kennedy, 103 E a s t 22nd Street Raphael W i 1 I i a in Grant, 3050 Asbury Street CLASS "B" BEER PERMIT PRIVATE CLUB Benevolent & Protective Order of Elks, 7th & Locust Street CLASS "C" BEER PERMIT Helen Ann O'Mara, 1397 Washing- ton Street Cruso A. Alba, 2601 Jackson Street Otto & Minnie Radloff, 1395 Brown Street Harold B. Welter, 534 Rhomberg Avenue I.aVerne Felderman, 1889 Jackson Street John C. Neumeister, 729 Lincoln Avenue Donald E. Wertz, 1545 South Grand- view Passed, adopted and approved this 2nd day of December, 1963. JAMES J. KEAN Mayor JOHN P. SCHREIBER PETER J. TAKOS ROBERT J. HORGAN Councilmen Attest: LEO F. FROMMELT City Clerk Councilman Schreiber moved the adoption of the resolution. Second- ed by Councilman Takos. Carried by the following vote: Yeas—Mayor Kean, Councilmen Horgan, Schreiber, Takos. Nays—None. Absent—Councilman Schaller. a Regular Session, December 2, 19t'1,3 423 RESOLUTION NO. 2483 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. Name Address CLASS "B" BEER PERMIT Marcella Roeder, 678 Central Ave- nue Roger J. Bertsch, 326 Main Street Leo F. Heiden, 238 West 6th Street Lincoln G. Schaffert, 1900 Wash- ington Street Lorraine Gordon, 2327 Central Ave nue Alvy Kennedy, 103 E a s t 22nd Street Raphael W i 1 I i a m Grant, 3050 Asbury Street CLASS "B" BEER PERMIT PRIVATE CLUB Benevolent & Protective Order of Elks, 7th & Locust Street Councilman Schreiber moved the adoption of the resolution. Second- ed by Mayor Kean. Carried by the following vote: Yeas—Mayor Kean, Councilmen Horgan, Schreiber, Takos. Nays—None. Absent—Councilman Schaller. RESOLUTION NO. 249.63 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 LIQUOR CONTROL ACT— CHAPTER 123— as amended by the 60th General Assembly, 1963. Name Address CLASS "C" BEER PERMIT Helen Ann O'Mara. 1397 Washing- ton Street Cruso A. Alba, 2601 Jackson Street Otto do Minnie Radloff, 1395 Brown Street Harold B. Welter, 534 Rhomberg Avenue LaVerne Felderman, 1889 Jackson Street John C. Neumeister, 729 Lincoln Avenue Donald E. Wertz, 1545 South Grand. view BE IT FURTHER RESOLVED that the bonds filed by such ap- plicants be and the same are here- by approved. Passed, adopted and approved this 2nd day of December, 1963 JAMES J. KEAN Mayor JOHN P. SCHREIBER PETER J. TAKOS ROBERT J. HORGAN Councilmen Attest: LEO F. FROMMELT City Clerk CLASS "C" COMMERCIAL ESTABLISHMENT Raphael NN' iIIia m Grant, 3050 Asbury Street Passed, adopted and approved this 2nd day of December, 1963. JAMES J. KEAN Mayor JOHN P. SCHREIBER PETER J. TAKOS ROBERT J. HORGAN Councilmen Attest: LEO F. FROMMELT City Clerk Councilman Schreiber moved the adoption of the resolution. Second- ed by Councilman Takos. Carried by the following vote: Yeas—Mayor Kean, Councilmen Horgan, Schreiber, Takos. Nays—None. Absent—Councilman Schaller. RESOLUTION N0. 250.63 WHEREAS, applications for Liq- uor Permits were filed and they within named app royal of this have received the app Council, and WHEREAS, the premises to be occupied by such applicants were inspected and found to comply with the State Law and all City ordi- nances relevant thereto and they have filed the proper bonds; NOW THEREFORE CouIT RE. SOLVED by the of Dubuque, Iowa, that the Manager be authorized to cause to be issued s to the following named app a Liquor Permit. 424 Regular Session, December 2, 1963 CLASS "C" COMMERCIAL ESTABLISHMENT Name Address Raphael William Grant, 3050 Asbury Street Passed, adopted and approved this 2nd day of December, 1963. JAMES J. KEAN Mayor JOHN P. SCHREIBER PETER J. TAKOS ROBERT J. HORGAN Councilmen Attest: LEO F. FROMMELT City Clerk Councilman Schreiber moved the adoption of the resolution. Second- ed by Councilman Horgan. Carried by the following vote: Yeas—Mayor Kean, Councilmen Horgan, Schreiber, Takos. Nays—None. Absent—Councilman Schaller. Mayor Kean appointed the fol- lowing citizens to serve on the Human Relations Commission: One year term—Mrs. S a m u e l Scott, Rev. Willard Cunningham, Mrs. Louise Halliburton, Brendan Forrest, Sister Mary James Mar- garet, Rev. Richard Otten. Two year term—Rt. Rev. Msgr. Michael Martin, Rev. Charles Bix- by, Rev. Anthony Sigwarth, Mrs. Ralph Glenn, Mrs. Saul Greenstein, Mel Mai. Three year term—Rev. Richard Heydinger, Rev. Philip A. Hamil- ton, Dr. Gaylord Couchman, Rev. Robert Ferring, Biays Bowerman, Miss Nina Allman. Rev. Richard Heydinger to serve as Chairman for the first year. November 29, 1963 Mr. John J. Waltz, 1552 Maple Street, Dubuque, Iowa Dear Mr. Waltz: The Dubuque City Council fully endorses the high ideals of the Du. buque Industrial Commission and the establishment of the three man executive committee designed to facilitate industrial growth in Du- buque. We, the City Council, feel there is an apparent conflict in your thinking and that of the City Council and the executive com- mittee of the Industrial Bureau. We are aware of the fact that you have neglected to attend five of the last six meetings of the Dock Commission which is obviously det. rimental to this Commission which plays so important a roll in the progress of Dubuque. For this reason, on behalf of the entire City Council, 1 am ask- ing for your resignation from the Dubuque Dock Commission. Be assured that this request will remain in confidence should your resignation be received by 7:00 P.M. December 2, 1963. Thank you for your cooperation. Respectfully, JAMES J. KEAN, Mayor City of Dubuque, Iowa Mayor Kean moved that the No- tice to Waltz be put in the record. Seconded by Councilman Takos. Carried by the following vote: Yeas—Mayor Kean, Councilmen Horgan, Schreiber, Takos. Nays --None. Absent—Councilman Schaller. Councilman Takos moved that the Mayor be instructed to write a letter of commendation to the local Chief of Police for appre- hending alleged criminals that were involved in the killing of a police- man at Grinnell, Iowa, and praise the officers for their devotion to duty. Seconded by Mayor Kean. Carried by the following vote: Yeas—Mayor Kean, Councilmen Horgan, Schreiber, Takos. Nays—None. Absent—Councilman Schaller. Mr. John Waltz addressed the Council in response to the resigna- tion letter sent to him by the May- or. After some discussion Council- man Schreiber moved t h a t the Council meet with Mr. Waltz in executive session on December 6, 1963 at 7:30 o'clock P.M. Seconded by Councilman Takos. Carried by the following vote: Yeas—Mayor Kean, Councilmen Horgan, Schreiber, Takos. Nays—None. Absent—Councilman Schaller. There being no further business Mayor Kean m o v e d to adjourn. Seconded by Councilman Schreiber. Carried by the following vote: Yeas—Mayor Kean, Councilmen Horgan, Schreiber, Takos. Nays—None. Absent—Councilman Schaller. LEO F. FROMMELT City Clerk Regular Session, December 2, 1963 425 Approved .. j`$QT`Ch 2 1964 March 2 Adopted................... .............. .............�1'� Councilmen{ ..l�4r.1..,i.,, Attes............................................ '' City Clerk 426 Special Session, December 23, 1963 CITY COUNCIL OFFICIAL Special Session, December 23, 1963. Council met at 7:30 P.M. C.S.T. Present—Mayor Kean, Council- men Horgan, Schaller, Schreiber, Takos. City Manager Gilbert D. Chavenelle. Mayor Kean read the call and stated that service thereof h a d been duly made and this meeting is called for the purpose of conduct- ing a public hearing on the Amend- ment of the Current Budget as ap- proved by Resolution No. 163-62 and Ordinance No. 1-63 and act- ing on any other business that may properly come before a reg- ular meeting of the City Council. Communication of Dubuque Com- munity School District thanking the Mayor for his endorsement of the recent school building program, presented and read. Councilman Schaller moved that the communi- cation be received and filed. Sec- onded by Councilman Schreiber. Carried by the following vote: Yeas—Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Takos. Nays --None. Communication of I. A. Oeth requesting that he not be con- sidered for reappointment to the Dock Commission, presented and read. Councilman Schreiber moved that the communication be received and filed. Seconded by Councilman Schaller. Carried by the following vote: Yeas—Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Takos. Nays—None. Communication of Iowa State Highway Commission submitting a resolution rescinding the extension of Primary Road U. S. 52 adopted October 2, 1957 and designating in lieu thereof as follows: Com- mencing on Kerrigan Road at the south corporation line t h e n c e northerly on Kerrigan Road to South Locust Street; thence north- erly on S. Locust Street to Dodge Street; thence westerly on Dodge Street to the west corporation line at a point approximately 700 feet south of the E1/4 Cor. of See. 27, T89N-R2E, presented and read. Councilman Schreiber moved that the communication be referred to the Council. Seconded by Council- man Horgan. Carried by the fol- lowing vote: Yeas—Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Takos. Nays—None. Communication of Carl Launs- pach submitting a bid of $200.00 on the formerly vacated alley that intersects his property on Poplar street, said alley being vacated in 1954, presented and read. Council- man Takos moved that the offer be accepted and referred for proper proceedings and that no abstract of title be furnished. Seconded by Councilman Schaller. Carried by the following vote: Yeas—Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Takos. Nays—None. December 5, 1963 To the Honorable Mayor and City Council Gentlemen: A telephone request for a street light in the 900 block on Tressa Street has been received by your staff from Mr. William Kelly, who resides at 911 Tressa. The area is also totally developed and the distance between existing lights is approximately 600 feet. For these two reasons I recommend the installation of one (1) 4000 lumen incandescent street light be- tween 910 and 920 Tressa Street. Respectfully submitted, Gilbert D. Chavenelle City Manager Councilman Schaller moved that the recommendation of the City Manager be approved. Seconded by Councilman Takos. Carried by the following vote: Yeas—Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Takos. Nays—None. December 5, 1963 To the Honorable Mayor and City Council Gentlemen: At your November 4th meeting, the petition of Schiltz Construction Company for street lights along Waller and Dove Streets in Sun- set Park, was referred to the man- ager and electrical inspector for investigation and report. Upon investigation by the elec- trical department, it is recommend - a i Special Session, December 23, 1963 427 ed that twelve (12) new 4000 lumen incandescent lights be installed as shown on the attached drawing. This is a new subdivision and there are presently no lights in the area. Respectfully submitted, Gilbert D. Chavenelle City Manager Councilman Schaller moved that the recommendation of the City Manager be approved. Seconded by Councilman Schreiber. Carried by the following vote: Yeas—Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Takos. Nays—None. December 5, 1963 To the Honorable Mayor and City Council Gentlemen: On November 18th the City Coun- cil received and referred to the City Manager and Electrical In- spector t h e petition of Delmar Gavin et al pertaining to the in- stallation of a street light in the new Cummins Street Subdivision. The area is presently without street lighting and could be served with a 4000 lumen incandescent light. An easement for street light- ing is available and I recommend that one 4000 lumen street light be installed on the easement be. tween Lots 4 and 5 at the turn around on Cummins Street. Respectfully submitted, Gilbert D. Chavenelle City Manager Councilman Schaller moved that the recommendation of the City Manager be approved. Seconded by Councilman Schreiber. Carried by the following vote: Yeas—Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Takos. Nays—None. December 11, 1963 To the Honorable Mayor and City Council Gentlemen: The request of K. L. Cue, et al, for the installation of one or two street lights on Northview Drive was referred to the City Manager and Electrical Inspector for inves- tigation and report. Upon the conclusion of my in- vestigation, 1 recommend that one 40W lumen incandescent light be installed on the east side of North - view Drive, at the rear property line of the Don Apartments. Respectfully submitted, Gilbert D. Chavenelle City Manager Councilman Schreiber moved that the recommendation of the City Manager be approved. Second. ed by Councilman Schaller. Carried by the following vote: Yeas—Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Takos. Nays—None. December 11, 1963 To the Honorable Mayor and City Council Gentlemen: The City Council referred to the City Manager and Electrical In- spector, at its November 18th meet- ing, the petition of Mrs. Theresa Hubert, 2577 Greeley Street, re- questing the erection of a street l i g h t on Greeley Street at the dead end. Since this location is less than 200 feet from the existing street light at the intersection of King and Greeley Streets, it is recom- mended that this request be denied. Respectfully submitted, Gilbert D. Chavenelle City Manager Councilman Schreiber moved that the recommendation of the City Manager be approved. Second- ed by Councilman Takos. Carried by the following vote: Yeas—Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Takos. Nays—None. December 11, 1963 To the Honorable Mayor and City Council Gentlemen: The City Manager's office has received a petition, through the Building Department, for the erec- tion of street lights on East Third Street Extension. The area is in. dustrial and warehouse, and exist. ing street lighting is inadequate. There has also been several acts of theft and vandalism in the area. For these reasons it is recom- mended that two 4000 lumen in- candescent street lights be installed on the East. Third Street extension. Respectfully submitted, Gilbert D. Chavenelle City Manager Councilman Schreiber moved that the recommendation of the 428 Special Session, December 9-3, 1963 City Manager be approved. Second- Shiras be sold on a bid basis to ed by Councilman Schaller. Carried the highestbiddetfully by the following vote: submitted, Gilbert D. Chavenelle Yeas—Mayor Kean, Councilmen Schaller, Schreiber, Takos. Cty ager Horgan, Nays --None. Mayor Kean moved that the rec December 9, 1963 ommendation of the City Manager be approved and referred to the To the Honorable Mayor Planning & Zoning Commission. and City Council Seconded by Councilman Takos. Gentlemen: Carried by the following vote: I would like to inform you that yeas—Mayor Kean, Councilmen I have written the firm of O'Con- Horgan, Schaller, Schreiber, Takos. nor, Brooks, Ahrendt & Brooks, Nays—None. certified public accountants, au- December 12, 1963 thorizing them to proceed with the To the Honorable Mayor audit of the city's 1963 records. and City Council I ask that you confirm my ac- Gentlemen: tion so that the State Auditor can Your body has before it a petition be notified of this arrangement. of Mrs. Ray Reilly, 800 Rhomberg Respectfully submitted, Avenue, who is interested in the Gilbert D. Chavenelle purchase of a city owned lot at City Manager the southeast corner of Dock and Councilman Takos moved that Garfield Streets. The legal descrip- tion of the lot is Lot 1 of 9 of part the action taken by the City Man. of McCraney's 1st Addition. ager be approved. Seconded by Councilman Schreiber. Carried by The city has maintained this lot the following vote: as part of a possible access to In. Yeas—Mayor Kean, Councilmen dustrial Island. It is my recom- mendation that this piece of prop- Horgan, Schaller, Schreiber, Takos. erty be sold at bid to the highest Nays—None. December 12, 1963 bidder for the following reasons: To the Honorable Mayor 1) The Dock Board no longer desires this property for access to and City Council Industrial Park. Gentlemen: 2) The Council has constructed A survey has been made by the the Fengler Street Overpass. Engineering Department concern- Respectfully submitted, ing the vacation of several streets Gilbert D. Chavenelle from Garfield going east to In- City Manager dustrial Park. The investigation has Councilman Takos moved that revealed that the following streets the recommendation of the City could be vacated, provided that the Manager be approved and referred city retain easements for utilities: for proper proceedings to call for Marshall Street—easements need. sealed bids. Seconded by Council- ed—sanitary and storm sewers. man Schreiber. Carried by the fol - Decatur Street—easements need- lowing vote: ed—sanitary sewer. Yeas—Mayor Kean, Councilmen Emerson S t r e e t— easements Horgan, Schaller, Schreiber, Takos. needed—sanitary sewer. Nays—None. December 20, 1963 Stanton Street --easements need Honorable Mayor ed—sanitary sewer. and City Council Shiras Avenue—easements need- Gentlemen: ed—sanitary sewer. Attached is a letter dated De - The City Solicitor has investigat- cember 19th from Mr. Hail explain- ed the deeds of the streets and ing that the standpipe projects at has stated that the city has a fee Asbury and Carter Road, and Gay in them and may legally sell the and Muscatine Streets have been pieces of property in question. Itcompleted. 'T is my recommendation that the recommend the acceptance of vacation of these streets be cleared these improvements. through the Planning and Zoning Respectfully, Commission ,and that Marshall, Gilbert D. Chavenelle Decatur, Emerson, Stanton and City Manager n W 0 Special Session, December 23, 1%3 429 Councilman Takos moved that the recommendation of the City Manager be approved. Seconded by Councilman Horgan. Carried by the following vote: Yeas—Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Takos. Nays—None. December 19, 1963 Mr. Gilbert D. Chavenelle, City Manager Dear Mr. Chavenelle: On December 5, 1963, final pay- ment was made to the Pittsburgh - Des Moines Steel Co. for the 2.4 M.G.D. standpipe at Asbury and Carter Road and 1.4 M.G.D. stand- pipe at Gay and Muscatine Sts, The total cost of these projects was $328,580.00. On this same date we made final payment to the Conlon Construc- tion Company for the new booster station located at Gay and Musca- tine Sts. for a total cost of $64,- 319.75. The two standpipes and booster station h a v e been in operation since August of 1963. The total cost of these projects, including engineering, landscaping, sidewalks, etc. will be about $437 - 500.00 or approximately $12,500.00 under the $450,000.00 original es- timate. Respectfully, CITY WATER DEPARTMENT J. J. Hail Superintendent Notice of Appeal filed in the District Court by A. Y. McDonald Mfg. Co. appealing from the action taken by the Council in overruling objections to the final levy of special assessment of City of Du- buque 1963 Concrete Paving with Integral Curb Project No. 1 pro- viding for the construction of con- crete paving with curb of E. 16th Street, presented and read. Coun- cilman Schaller moved that the Notice be received and filed. Sec- onded by Councilman Schreiber. Carried by the following vote: Yeas—Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Takos. Nays—None. 430 Special Session, December 23, 1963 December 20, 1963 Honorable Mayor and City Council Gentlemen: This is to advise you that the A. Y. McDonald Company was over - assessed on the final schedule of assessment on the City of Dubuque 1963 Concrete Paving Project due to lot valuation being low. The A. Y. McDonald Company was assessed as follows: Lot No. Valuation Amount of Assessment 10) $ 617.97 8 611) 224.87 612) 84.70 629) $2,500.00 139.84 830) 371.01 631) 902.19 $2,340.38 643 $2,700,00 622.79 The A. Y. McDonald Company should not have been assessed more than 25% of set valuation plus the cost of improvements. Also, due to resurveys of Lots 612 and 643, A. Y. McDonald Companys assessment should be reduced as follows: Lot Valua- 1/4 Levied Amount Reduc- Amount No. tion Valua- Assess- of tion due of Set tion ment Assess- to new A. Y. Me- ment survey Donald exceed- Paid Final ing '/4 by City Assess- valua- ment tion to be paid by City 610 $ 617.97 $ 298.45 $ $ 319.52 $2,500.00 611 + 224.87 108.60 116.27 $2,340.38 612 84.70 40.91 10.25 33.54 629 139.84 67.54 72.30 630 371.01 179.18 191.83 631 902.19 435.72 466.47 $4,840.38 $1,210.09 $2,340.58 $1,130.40 $10.25 $1,199.93 643 $2,700.00 840.70 662.79 0.00 73.00 589.79 662.79 $3,362.79 $3,003.37 $1,130.40 $84.25 $1,789.72 I, therefore, request your Honor- able Body to grant the City Auditor the authority to draw a warrant from the 135-IStreet Construction Fund to pay said over -assessments as indicated above in the amount of $1,130.40, plus $83.25, or a total amount of $1213.65 Respectfully submitted, Gilbert D. Chavenelle City Manager Councilman Schaller moved that the recommendation of the City Manager be approved and the Au- ditor instructed to issue proper warrant. Seconded by Mayor Kean. Carried by the following vote: Yeas -Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Takos. Nays -None, December 23, 1963 To the Honorable Mayor and City Council Gentlemen: I herewith submit reports of the City Auditor, City Treasurer, City Health Department and City Water Works for the month of Novem. ber, as well as a list of claims and payrolls for which warrants were a Special Session, December 23, 1963 431 issued for the month of Novem- ber, 1963. Respectfully, Gilbert D. Chavenelle City Manager Councilman Takos moved that the reports be received and filed. Seconded by Councilman Schreiber. Carried by the following vote: Yeas—Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Takos. Nays—None. Proof of Publication, certified to by the Publisher, of Statement of Receipts and a list of claims for which warrants were issued dur- ing the month of November 1963, presented and read. Councilman Schreiber moved that the proof of Publication be received a n d filed. Seconded by Councilman Tak- os. Carried by the following vote: Yeas—Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Takos. Nays—None. December 23, 1963 To the Honorable Mayor and City Council Gentlemen: Enclosed is a reporting letter from Mr. Donald Bandy, dated De- cember 23rd, with regard to the petition of M. Artus and others concerning the storage of equip- ment by Mr. George Saffran. Respectfully submitted, Gilbert D. Chavenelle City Manager Councilman Schaller moved that the report be received and filed. Seconded by Councilman Schreiber. Carried by the following vote: Yeas—Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Takos. Nays—None. December 18, 1963 Hon. Mayor & City Council Re: Celia A. Kavanda Gentlemen: On January 4, 1963, Celia A. Kavanda of 2006 Jackson St., Du- buque, Iowa, filed claim against City of Dubuque as a result of a fall on December 24, 1962 at 1605 Jackson Street, alleging a defective condition thereat. I have made an investigation of this matter and find no actionable negligence on the part of the City of Dubuque, and therefore recom- mend denial of said claim. to. Original claim is attached here. Respectfully submitted, R. N. RUSSO City Attorney Councilman Takos moved that the recommendation of the City Solicitor be approved. Seconded by Councilman Schreiber. Carried by the following vote: Yeas—Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Takos. Nays—None. December 18, 1963 Hon. Mayor & City Council Re: Alice Fonck Gentlemen: On February 22, 1963, Alice Fonck of 2075 Green St., Dubuque, Iowa, filed claim against the City of Dubuque as a result of a fall on February 2, 1963 on a public sidewalk in front of Kresge's store on Main Street in Dubuque, alleg- ing lee on the sidewalk thereat. I have made an investigation of this matter and find no actionable negligence on the part of the City of Dubuque, and therefore recom- mend denial of said claim. Original claim is returned here- with. Respectfully submitted, R. N. RUSSO City Attorney Councilman Takos moved that the recommendation of the City Attorney be approved. Seconded by Councilman Schreiber. Carried by the following vote: Yeas—Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Takos. Nays—None. December 18, 1963 tion. Mayor & City Council Re: Mrs. Doris McKeon Gentlemen: On December 11, 1962, Mrs. Doris McKeon, 529 Madison, Platteville, Wisconsin, filed claim against the City of Dubuque as a result of a fall allegedly occurring on Decem- ber 8, 1962 on Diagonal Street, Dubuque, Iowa, claiming a defec- tive sidewalk thereat. I have made an investigation of this matter and find no actionable negligence on the part of the City of Dubuque, and therefore recom- mend denial of said claim. Original claim is attached here- to. Respectfully submitted, R. N. RUSSO City Attorney 432 Special Session, December 23, 1963 Councilman Takos moved that I Councilman Takos moved that of the City the recommendation of the City Attorney be approved. Seconded by the recommendation Attorney be approved. Seconded by Councilman Schreiber. Carried by Carried by the the following vote: Yeas—Mayor Kean, Councilmer. following voteber. Yeas—Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Takos. H Nays, Schaller, Schreiber. Takos. Nays—None. December 18, 1963 December 18, 1963 Hon. Mayor & City Council lion. Mayor & City Council Re: Mrs. Earl Kaufman Re: Mrs. Naomi Zentner Gentlemen: Gentlemen: On May 4, 1962, Mrs. Earl Kauf- On November 16, 1962, Mrs. man of 1760 Lawndale, Dubuque, Naomi Zentner, 846 Euclid Street, Iowa, filed claim against the City Dubuque, Iowa, filed claim against of Dubuque for injuries suffered the City of Dubuque, alleging a as a result of a fall in the cross - fall on November 9, 1962 on the walk of Booth and University Ave - street at or near 846 Euclid St. nues in the City of Dubuque, on alleging a defective condition the 5th day of March 1962, which thereat by reason of gravel on fall allegedly resulted from t h e the roadway, allegedly resulting in accumulation of snow, slush and her fall. I have made an investigation of ice thereat. I have made an investigation of this matter and find no actionable this matter and find no actionable negligence on the part of the Citv negligence on the part of City of of Dubuque, and therefore recom- Dubuque, and therefore recom- mend denial of said claim. mend denial of said claim. Original claim is attached here Original claim is returned here- to. Respectfully submitted, with, together with exhibits. Respectfully submitted, R. N. RUSSO R. N. RUSSO City Attorney City Attorney Councilman Takos moved that Councilman Takos moved that the recommendation of the City the recommendation of the City Attorney be approved. Seconded by Attorney be approved. Seconded by Councilman Schreiber. Carried by Councilman Schreiber. Carried by the following vote: the following vote: Yeas—Mayor Kean, Councilmen yeas—Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Takos. Horgan, Schaller, Schreiber, Takos. Nays—None. Nays—None. December 18, 1963 December 18, 1963 Hon. Mayor & City Council Hon. Mayor & City Council Re: James L. Lewis Re: Mrs. Sammie G. Owens Gentlemen: Gentlemen: On December 13, 1962, James L. On April 2, 1962, Mrs. Sammie Lewis of R#1, Box 155B, Dubuque, G. Owens of 292 South Grandview Iowa, filed claim against the City Avenue, Dubuque, Iowa, filed claim of Dubuque, alleging damages to against the City of Dubuque, claim - his vehicle as a result of striking ing personal injuries as a result an alleged defective manhole cover of an alleged fall March 29, 1962 at East 24th Street in the City of at or near 59 Hill Street, City of Dubuque, Iowa, on December 12, Dubuque, alleging snow accumula- 1962, tion on sidewalk. I have made an investigation of I have made an investigation of this matter and find no actionable this matter and find no actionable negligence on the part of the City negligence on the part of City of of Dubuque and, therefore recom- Dubuque, a n d therefore recom- mend denial of said claim. mend denial of said claim. Original claim is returned here- Original claim is returned here- with. with. Respectfully submitted, Respectfully submitted, R. N. RUSSO R. N. RUSSO City Attorney City Attorney 8 2 Special Session, De Councilman Takos moved that the recommendation of the City Attorney be approved. Seconded by Councilman Schreiber. Carried by the following vote: Yeas—Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Takos. Nays—None. December 18, 1963 lion. Mayor & City Council Re: Patrick J. Treon Gentlemen: On October 30, 1962, Patrick .l. Treon, Box 848 Loras College, Du- buque, Iowa. filed claim against the City of Dubuque for damages to his car as a result of striking an alleged defect in the street 3t or near the intersection of Dodge Street at Bryant, on the 9th day of October 1962. I have made an investigation of this matter and find no actionable negligence on the part of the City and therefore recommend denial of said claim. Original claim is returned here- with. Respectfully submitted, R. N. RUSSO City Attorney Councilman Takos moved that the recommendation of the City Attorney be approved. Seconded by Councilman Schreiber. Carried by the following vote: Yeas—Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Takos. Nays—None. December 18, 1963 Hon. Mayor & City Council Gentlemen: On the 26th day of August 1963, Bueford J. Kelly a n d .lames W. Harrington, through their attorneys filed written objections to the levy of special assessment in the amount of $550.91 for the improvement of Earl Drive, which objections were referred to the writer. It is my understanding that the City Engineering Department has made adjustments on the levy of special assessment due to a clerical error and that the objectors are paying the special assessment lev- ied and as corrected. This matter requires no further attention by this office. Letter of objection is returned herewith. Respectfully submitted, R. N. RUSSO City Attorney comber 23, 1983 433 Councilman Takos moved that the communication be received and filed. Seconded by Mayor Kean. Carried by the following vote: Yeas --Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Takos. Nays—None. December 18, 1963 lion. Mayor & City Council Re: David N. Kintzinger and Charlotte M. Kintzinger vs City of Dubuque, Iowa Gentlemen: On December 21, 1961, the No- tice of Appeal by David N. Kint- zinger and Charlotte M. Kintzinger vs. City of Dubuque, Iowa, appeal- ing the special assessments for the improvement of Bush Street and St. George Street in the City of Dubuque, Iowa, wherein objectors claimed that the total assessment of $1167.77 be reduced to the sum of $525.01) was referred to the City Attorney; and that the objectors have agreed to accept the sum of $100.00 as final and in full of set- tlement in the adjustment and cor- rection of such assessment; that the said amount of $100.00 has been absorbed by the City as its prorata share of such improvement. It is requested that the City Council approve such disposition and that the City Engineering De- partment cause to be transmitted to the City Attorney a warrant payable to David N. Kintzinger and Charlotte M. Kintzinger to the City Attorney for delivery to objectors upon dismissal of said appeal and upon payment of the court costs by said objectors. Notice of Appeal and accompany. ing documents are attached hereto. Respectfully submitted, R. N. RUSSO City Attorney Councilman Takos moved that the recommendation of the City Attorney be approved and the Au- ditor instructed to issue proper warrant. Seconded by Councilman Schreiber. Carried by the follow- ing vote: Yeas—Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Takos• Nays—None. December 16, 1963 Hon. Mayor Re 1ty Ludwina1G. Flick Gentlemen: On April 2, 1962' Ludwina G. Dubuque, Flick of 980 Booth St., 434 Special Session, December 23. 1963 Iowa, filed claim for damages as a result of a fall on March 13, 1962 at or near 1081 N. Booth St. in the City of Dubuque, alleging ice on sidewalk thereat as causing her fall. I have made an investigation of this matter and have conferred with claimant's attorney and same advised that the said Mrs. Flick suffered a fracture of the right wrist and that the said claimant through her attorney has made an offer of settlement in the amount of $300.00. It is the recommenda- tion of the City Attorney that said offer be accepted and the City Auditor be instructed to draw a warrant payable to LUDWINA G. FLICK and ELLWOOD J. FLICK, her husband in the amount of $300.00 and to transmit the same to the City Attorney for delivery upon receipt of duly executed re- lease. Original claim is attached here- to. Respectfully submitted, R. N. RUSSO City Attorney Councilman Takos moved that the recommendation of the City Attorney be approved and the Au- ditor instructed to draw proper warrant. Seconded by Councilman Schreiber. Carried by the follow- ing vote: Yeas—Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Takos. Nays—None. December 18, 1963 Hon. Mayor and City Council Re: Mrs. Julia Libansky Gentlemen: On May 24, 1963, Julia V. Liban- sky of 971% Bluff Street, Dubuque, Iowa, filed claim against the City of Dubuque for injuries she alleg- edly suffered on a public sidewalk at the northwest corner of the intersecton of 8th Street and Bluff on May, 16 1963. The said Mrs. Libansky has made an offer of settlement in the amount of $150.00 and it is the recommendation of the City At- torney that said offer be accepted and the City Auditor be instructed to draw a warrant payable to Julia V. Libansky and Rudy Libansky, her husband, in the amount of $150.00 and to transmit the same to the City Attorney for delivery upon receipt of duly executed re- lease. Original claim is attached here- to. Respectfully submitted, R. N. RUSSO, City Attorney Councilman Takos moved that the recommendation of the City At- torney be approved and the Audit- or instructed to issue proper war- rant. Seconded by Councilman Schreiber. Carried by the follow- ing vote: Yeas—Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Takos. Nays—None. December 23, 1963 Honorable Mayor and City Council Gentlemen: The recommendation of the Planning and Zoning Commission to the City Council of Dubuque, Iowa, dated November 22, 1963 recommending that the request of Plaza "20" be granted was referred to the City Attorney and I have investigated this matter in the light of my opinion dated Septem- ber 23, 1963 and I direct the City Council's attention to the last para- graph of said opinion and herewith advise the City Council that I find no reason to change my conclusion. It appears that the City Council should take no action in this mat- ter unless the petitioner, Plaza "20", agree in writing to indemnify and hold the City harmless for any and all claims for damages that may arise as a result of vacating said street and to agree and under- take the defense of any action against the City for damages as a result thereof, which undertaking or agreement should be secured by a corporate surety bond with lim- its not less than $50,000.00 and not to exceed $75,000.00. Respectfully submitted, R. N. RUSSO, City Attorney Councilman Schaller moved that the recommendation of the City Attorney be approved. Seconded by Councilman Horgan. Carried by the following vote: Yeas—Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Takos. Nays—None, Councilman Schreiber moved that the rules be suspended in ord- er to let anyone present address 0 Special Session, December 23, 1963 435 the Council if they so desire. Sec- onded by Councilman Takos. Car- ried by the following vote: Yeas—Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Takos. Nays—None. Attorney Dave Kintzinger ad- dressed the Council requesting that they honor the petition by granting changes in access to Plaza 20 by relocating a street in Burkart's Sub. In response to City Attorney Russo's recommendation Kintzing. er stated that they would consider and give an indemnity agreement but no corporate surety bond. In his opinion chances of a great amount of damage for Mr. Polfer would be slim. Attorney Thomas Nelson addressed "$+e Council as a representative of Jr. Polfer and Perfection Oil Co. by expressing a different opinion as to amount of possible damage. Notice of claim of William L. Meyers of 320 King Street, in the amount of $8.00 to cover expense of a cleaning bill incurred as the result of a water line break due to increase of water pressure in the area on November 7, 1963, present- ed and read. Councilman Takos moved that the Notice of claim be referred to the City Solicitor for investigation and report. Seconded by Councilman Schaller. Carried by the following vote: Yeas—Mayor Kean, Councilmen Iiorgan, Schaller, Schreiber, Takos. Nays—None. Notice of claim of Mrs. Earl Yount of 1243 Locust Street, in the amount of $1,000.00, for per- sonal injuries received in a fall on a defective sidewalk on West 12th street on September 7, 1963, presented and read. Councilman Takos moved that the notice of claim be referred to the City Solic- itor for investigation and report. Seconded by Councilman Schaller. Carried by the following vote: Yeas—Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Takos. Nays—None. Notice of Suit of Bess Beyer, in the amount of $51,783.27, for per- sonal injuries receved in a fall on an icy sidewalk at 231-45 W. 5th Street on December 26, 1961, pre- sented and read. Councilman Takos moved Wit the notice be referred to the City Solicitor. Seconded by Councilman Schaller. Carried by following vote: Yeas—Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Takos. Nays—None. Notice of claim of Marc Lam- mers, a retired police officer, in the amount of $482.62 for hospital and clinical expense, plus addition- al salary and vacation pay to April 29, 1963, which he claims should be borne by the City, presented and read. Councilman Schaller moved that the notice of claim be referred to the City Manager and City Solicitor. Seconded by Councilman Takos. Carried by the following vote: Yeas—Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Takos. Nays—None. Notice of claim of Mrs. Elizabeth Betz of 2141 Heeb Street, in the amount of $67.75, for expense in- curred as the result of a fall on a defective sidewalk at 22nd street and Kaufmann Avenue on Novem- ber 13, 1963, presented and read. Councilman Takos moved that the notice of claim be referred to the City Solicitor for investigation and report. Seconded by Councilman Schreiber. Carried by the follow- ing vote: Yeas—Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Takos. Nays—None. Notice of Suit of Gladys C. Kleeker in the amount of $1,900.00 for personal injuries received in a fall on a defective sidewalk on September 25, 1963 at 201 to 205 Main Street, presented and read. Councilman Takos moved that the notice of Suit be referred to the City Solicitor for investigation and report. Seconded by Council- man Schreiber. Carried by the fol- lowing vote: Yeas—Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Takos. Nays—None. ORDINANCE NO. 3163 An Ordinance establishing a Civil Defense Administration for the City of Dubuque, Iowa, to serve in the event of major man- made disasters or natural dis- asters; to provide for the estab- lishment of the office of director of Civil Defense; To authorize the receipts and expenditure of funds incident to the Administra- tion thereof; to comply with the Iowa Civil Defense Act of 1959 as amended; to repeal Ordinance 436 Special Session, December 23, 1963 No. 9-61, as passed by the City Council of the City of Dubuque, February 9, 1961, presented and read. Councilman Schreiber moved that the reading just had be con- sidered the first reading of the Ordinance. Seconded by Council- man Horgan. Carried by the fol- lowing vote: Yeas—Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Takos. Nays—None. Councilman Schreiber moved that the rules be suspended requir- ing an Ordinance to be read on three separate days. Seconded by Councilman Horgan. Carried by the following vote: Yeas—Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Takos. Nays—None. ORDiNANCE NO. 31-63 An Ordinance establishing a civil defense administrator for the City Of Dubuque, Iowa, to serve in the event of major man-made disasters or natural disasters; to provide for the establishment of the office of director of civil defense: to au- thorize the receipt and expenditure of funds incident to the administra- tion thereof; to comply with the Iowa Civil Defense Act of 1969 as amended; to repeal Ordinance No. 9-61, as passed by the City Council of the City of Dubuque, February 9, 1961; The City Council of the City of Dubuque hereby recognizes the need to protect the lives and prop- erty of its citizens from attack, enemy Invasion. storms, floods, hurricanes, windstorms, or other natural disasters. The City Coun- cil further recognizes the need to make provisions for such disasters In order to cope with the subse- quent problems of an invasion or natural disaster. The City Council, therefore, finds that the prepara- tion of plans and the provision for the Implementation of such plans Is vital to the public safety and the good of the community, NOW, THEREFORE, BE iT OR- DAINED BY THE CiTY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Sect`.on 1. There Is hereby cre- ated the Dubuque County -Munici- pal Civil Defense Agency to pre- vent, minimize, rel.air, and allevi- ate injury or damage resulting from disaster caused by enemy in- vaslon or natural disaster. This Ordinance 18 in accord with the Iowa Civil Defense Act of 1969 as amended. The Dubuque County/Municipal Civil Defense Agency shall consist of the following: (A)A joint administration con- sisting of a member of the Du- buque County Board of Super- visors and the mayor or h!s rep. resentative of the participating cities or town within the county. (B) A county civil defense di- rector appointed by and respon- sible to the Joint Administration. (C) A director of Civil Defense for each participating city or town appointed by the city or town council of each particlpat- ing city or town. The director of civil defense for the City of Dubuque shall also serve as an Opperations Officer for the joint administration. Section 2. The Dubuque County Municipal Civil Defense Agency shall be the operating civil defense nutency for Dubuque County, it shall have the responsibility for the administration and coordination of all civil defense affairs throughout the county. The duties of this agency shall further Include the preparation of a basic plan for county -wide civil defense and the implementation of that plan In the time of enemy Invasion, natural disasters or other emergencies which threaten lives and property. The Dubuque County/Municipal Civil Defense Agency shall also be empowered to improve the civil de- fense flan as adopted. Section E. The City Council of the City of Dubuque hereby cre- ates the office of Director of Civil Defense for the City of Dubuque. The Dubuque Civil Defense Direc- tor shall also have the lower to act as the Director of the Dubuque County/Municipal Civil Defense Agency. Additional duties and responsi- bllitles of the director Include the following: (1) The coordination and Imple- mentation of all emergency re- covery plans in the event of a natural disaster or enemy at- tack, (2) The control and direction of the actual or training efforts of the Dubuque County/Municipal Civil Defense Agency. (3) The determination of all questions of authority and re- sponsibility pertaining to the civ - 11 defense office. (4) The cooperation of the direc- tors office with other civil de- fense agencies, national, state, and local, (6) The dissemination of civil defense information and the con- duct of proper public relations for an effective civil defense program for the Dubuque County /Municipal Civil Defense Agency. (6) The supervision of the nec- essary supplies, equipment, and Eersonnel In the event of foreign Invasion or natural disaster. (7) The determination of the alms and objective of a civil de- fense program. (6) The determination of the state of emergency. (9) The power tot Into force any and all operational civil de- fense plans if the need arises. (10) The publication of reason- able rules and regulations which are essential to the civil defense effort and the protection of lives and property. (I1) The procurement of the necessary agreements, upon ap- proval by legal council, for the use of public and private prop- erty for the storage of civil da- teline equipment, materials, and supplles: and for the use of public and private property for shelter and other civil defense purposes. Section 1. The operational civil defense organization of the Du- buque County/Munlelpal Civil De- fense Agency shall consist of the director and such other personnel as he deems necessary, Including both compensated and volunteer Special Session, December 23, 1c.63 437 personnel. The functions and du- ties of the Dubuque County/ Municipal Civil Defense Agency shrill be distributed among such divisions and units as the joint administration finds necessary to estai,lish. The organisational struc- ture, terminology, and tales shall conform to the standards as es- tablished and emplo,ted by the United Stater Government and by the government of the State e, Iowa. Section b. Every Iverson apppoint- ed to serve In any capaclty in the Dubuque County/Municipal Civil Defense Agency shall, before en- tering upon his duties, subserihe to the following oath, which shall be filed with the Director. �I of the Civil Defense Organlsatlon of Dubuque. Iowa, do solemnly swear (or affirm) that i win sup- pywort and defend and bear true faith and allegiance to the Con- stitution of the United States and the Constitution of the State of Iowa, and the territory. Insti- tution and taco ties thereof, both public and private, against all enemies foreign and domestic: that i take this obligation freely, without any mental reservation or purpose of evasion: and that i will well and faithfully dis- charge the duties upon which I am about to enter, and i do fur- ther swear (or affirm) that i do not advocate, nor am i nor have i been a member of any political party or organization that advo- cates the overthrow of the gov- ernment of the United States or of this State by force or violence: and that during such time as i am affiliated with the Civil De- fense Organization, I will not advocate nor become a member of any political party or organ- Isation that advocates the over- throw of the government of the United States or of this State by force or violence." Section 8. The expenses Incurred by the Dubuque County/Municipal Civil Defense Agency shall be paid by the Dubuque County Treasurer from funds deposited by the Coun- ty Board of Supervisors and the participating cities and towns. All provisions for the financing of the Civil Defense Operation shall be In accord with the Iowa Civil De- fense Act as amended. Section 7. ordinance No. 9-81 Febrrunryl9. 11881 betand theciName in hereby repealed. Section 8. This Ordinance shall be in full force and effect from and after Its flnnl passage, adop- tion, and publication as by law provided. Passed, adopted and approved this 1781d day of December, 1963. JAMES J. KEAV Mayor JOHN P. SCHUNIBER LOUiS SCHALLER PE7 , I9R J. TAh(►S ROBERT L. HORme N Attest: I.MO F. p'ROMMELT City Clr.rk Published officially jr, the Tels- d yph I r ecemb rw 1998er tthis 80th ).leu r .city C rk It 1:•30 Coucilman Schreiber moved the adoption of the Ordinance. Second. ed by Councilman Horgan. Carried by the following vote: Yeas—Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Takos. Nays --None. RESOLUTION NO. 751.63 Resolution Approving the Estab- lishment of a Civil Defense Agency for Dubuque, Iowa WHEREAS, the tensions in the international situation are such that the United States could be subject to enemy attack. WHEREAS, the potential enemy is equipped with offensive weapons and devices including conventional and nuclear bombs, and possibly chemical and biological agents, which may be delivered by man- ned bombers, submarines or ballis- tic missiles. It is possible also that the United States may be subjected to weapons delivered by clandes- tine means. THEREFORE, it is deemed Amssary and expedient for a Civil Defense Agency to be organ- ized for Dubuque, Iowa. BE IT RESOLVED BY THE CITY COUNUCIL OF THE CITY OF DUUBUQUE, IOWA: that under the Iowa Civil Defense Act of 1959, Chapter 82, Acts of the General Assembly and subse- quent amendments, we, the City Council of Dubuque, Iowa, hereby create and establish a Civil De- fense Agency to work in a joint effort with the Federal, State, and Dubuque County and other County Municipal Civil Defense Agencies in the event of major man-made disasters or in the event of natural disasters including, but not limited to, hurricanes, tornadoes, wind- storms or floods. BE IT FURTHER RESOLVED that the City Council of Dubuque, Iowa, hereby subscribes to and will abide by all of the provisions and conditions of the Dubuque County Resolution passed and adopted establishing a Dubuque County Municipal al Civil which is Defeattacnse Agency, a copy ed hereto. It was moved by Councilman Schreiber, seconded by Councilman Takos, that the above resolution be approved. On roll call the vote was as follows: 4AR Special Session, December 23, 1963 Yeas—Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Takos. Nays—None. Whereupon the Mayor of Du- buque, Iowa, declares this resolu- tion passed and adopted. JAMES J. KEAN, Mayor of Du- buque, Iowa (Corporate Seal) Attested: LEO F. FROMMELT, City Clerk Certificate 1, R. N. RUSSO, Chief Legal Of- ficer for Dubuque, Iowa, certify that I have examined Resolution No. 251-63 for Dubuque, Iowa, and find that the Civil Defense Agency was duly established pursuant to law. R. N. RUSSO City Attorney Proof of Publication, certified to by the Publisher, of Notice of pub- lic hearind to consider amending the Zoning Map and Zoning Ord- inance to change that part of Lot 1 of Pixler Place, Lot 2 of Pixler Place and Lot 7 of Out Lot 598 presently zoned as Two Family to Business District Classfication, pre- sented and read. No written objections were filed and no objectors were present in the Council Chamber at the time set for the hearing. Councilman Schaller moved that the proof of publication be re- ceived and filed. Seconded by Councilman Schreiber. Carried by the following vote: Yeas—Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Takos. Nays—None. ORDINANCE NO. 32.63 An Ordinance Amending the Zoning Map and Zoning Ordinance known as Ordinance No. 3-34 of the City of Dubuque to change that part of Lot 1 of Pixler Place; Lot 2 of Pixler Place and Lot 7 of Out Lot 598 presently zoned as Two Family Residence District to Busi- ness District Classification, (North- west Corner of Dodge and Bluff Sts.), said Ordinance having been previously presented and read at the Council meeting of November 18, 1963, presented for Final Adop. tion. Ordinance No. 32-63 An Ordinance Amending t he Zoning Map and Zoning Ordinance known as Ordinance No. 8-34 of the City of Dubuque to change that part of Lot 1 of Pixler Place; Lot 2 of Plxler Place and Lot 7 of Out Lot S98 presently sonod as Two Family Residence District to Business District Classification. (Northwest Corner D o d g e and Biuff Sts.) Be it Ordained by the City Coun- cil of the City of Dubuque, Iowa: Section 1. That the Zoning Or- dinance known as Ordinance No. 3-34 and the Zoning Map of the City of Dubuque be and the same is hereby amended by changing that part of Lot 1 of Pixler Place, Lot 2 of Pixler Place and Lot of Out Lot 598 presently zoned as Two Family Residence District Classification to Business District ClaaslHcation. Section 2. This Ordinnnee shall be In full force and effect from and atter its final passage, adop- tion and publication as by i a w provided. introduced the 18th day of No- vember, 1965. Rule requiring reading on three separate days suspended by unan- imous vote the 18th day of No- vember, 1968. Passed by recorded roll c a 1 1 vote, adopted and approved this 2'3rd day of December, 1963. James J. Kean Mayor John P. Schreiber Louis Schaller Peter J. Takoa Robert J. Horgan Councilmen Attest: Leo F. Frommelt City Clerk Published officially in the Tele- graph Herald newspaper this 27th day of December, 1963. Leo F. Frommelt City Clerk 1 t. 12-27 Councilman Schaller moved the adoption of the Ordinance. Second- ed by Councilman Schreiber. Car- ried by the following vote: Yeas—Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Takos. Nays—None. Proof of Publication, certified to by the Publisher, of notice of public hearing to amend the Zon- ing Map and Zoning Ordinance so as to include and provide for the zoning classification of Lot 1 of Lot 1 of Lot 2 of Bonson Farm Sub. as Multiple Family Residence District Classification and to zone Lot 1 of Subdivision of Correction Plat of Lot 2 of 1 of 2 of Bonson Farm Sub. and Lot 2 of Correction Plat of M. L. 248 as Light industrial district classification, presented and read. No written objections were filed and no objectors were present in the Council Chamber at the time set for the public hearing. Councilman Schaller moved that the proof of publication be received and filed. Seconded by Councilman _0 Special Session, December 23, 1963 439 Schreiber. Carried by the follow• ing vote: Yeas—Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Takos. Nays—None. ORDINANCE NO. 3363 An Ordinance Amending the Zoning Mip and Zoning Ordin- ance known as Ordinance No. 3- 34 of the City of Dubuque, so as to include and provide for zoning classification for the area an- nexed to the City of Dubuque, Iowa, pursuant to resolution No. 280-61 adopted December 4, 1961 and to zone Lot 1 of Lot 1 of Lot 2 of Bonson Farm Subdivision as Multiple Family Residence District Classification (Tisch- hauser property at 2769 Uni- versity Ave.) and to zone Lot 1 of Subdivision of Correction Plat of Lot 2 of Lot 1 of Lot 2 of Bonson Farm Subdivision and Lot 2 of Correction Plat of Min- eral Lot 248 as light Industrial district classification. (Seven Up property on University Ave.) said ordinance having been prev- iously presented and read at the Council meeting of November 18, 1963, presented for Final Adoption. Ordinance No. 33.63 An Ordinance Amending the Zon- ing Map and Zoning Ordinance known as Ordinance No. 3-34 of the City of Dubuque, so as to In- clude and provide for zoning clas- sification for the area annexed to the City of Dubuque, lows.,ppursu- ant to resolution No. 280.61 Adopt- ed December 4, 1961 and to Zone Lot 1 of Lot 1 of Lot 2 of Bonson Farm Subdivision as Multiple Family liesldence Ltst.rlct Classi- fication (Thwhhauser property at 3769 University Ave.) and to sone Lot 1 of Subdivision of Correction Plat of Lot 2 of Lot 1 of Lot 2 of Bonson Farm Subdivision and Lot 2 of Correction Plat of mineral Lot 248 as light Industrial district ctas- sification. (Seven Up Property on University Ave.) Section 1. That the Zonl4 Ordi- nance known as Ordinance No. 3-34 and the Zoning Map of the City of Dubuque be and the same is hereby amended so as to include and pro- vide for zoning classification for the area annexed to the City of Dubuqqua:, Iowa, pursuant to resulu- tion No. 280.61 adopted December 4, 1961 and to sone Lot 1 of Lot 1 of Lot 2 of Bonbon Farm Sub- division as Multiple Family Itesi- denee lU l a l r I c t Classification (Tischhauser property at 2769 Uni- versity Ave.) and to suns Lot 1 of Subdivision of Correction Plat of Lot 2 of Lot 1 of Lot 2 of Don - son Farm Subdivision and Lot 2 of Correction Plat of Mineral Lot 248 as Light Industrial District Classification. (Seven Up property on University Ave.) Section 2. This Ordinance shall be In full force and effect from and after its final pussage, adoption and publication as by law provided. Introduced the 18th day of No- vember, 1963. Rule requiring reading on three separate days suspended by unani- uwue vote the 18th day of Novem- her, 1963, Passed by recorded roll call vote, adopted and approved this 23rd day of December, 1963. MJames J. Kean ayor John P. Schreiber Louis Schaller Peter J. Takos Robert J. Horgan Attest: Councilmen Leo P. Prommelt City Clerk Published officially in the Tele- graph Herald Newspaper this 27th day of December 1963. Leo F. Frommelt I t. 12-27 City Clerk. Councilman Schaller moved the adoption of the Ordinance. Second- ed by Councilman Schreiber. Car- red by the following vote: Yeas—Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Takos. Nays—None. Proof of Publication, certified to by the Publisher, of Notice of pub- lic hearing to consider amending the Zoning Map and Zoning Ord- inance by changing Lots 1 to 5 incl. Block 8, Lots 1 to 10 incl. Blk. 9, Lots 1 to 10 incl. Blk. 10, Lots 1 to 10 incl. Block 11, Lots 1 to 9 incl. Blk. A, Lots 1 to 5 incl. Blk. B in Key Knolls Sub. from their present Single Family Residence District Classification to Two Fam- ly Residence District Classification, presented and read. No written objections were filed and no objectors were present in the Council Chamber at the time set for the public hearing. Councilman Schaller moved that the proof of publication be re- ceived and filed. Seconded by Coun- cilman Schreiber. Carried by the following vote: Yeas—Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Takos. Nays—None. ORDINANCE NO. 3463 An Ordinance Amending the Zoning Map and Zoning Ordin- ance known as Ordinance No. 3. 34 of the City of Dubuque to change Lots 1 to 5 inclusive Block 8, Lots 1 to 10 inclusive Block 9, Lots 1 to 10 inclusive Block 10, Lots 1 to 10 inclusive, Block 11, Lots 1 to 9 inclusive Block A, and Lots 1 to 5 inclu- sive Block B all in Key Knolls Subdivision from their present Single Family Residence District 440 Special Session, December 23, 1963 Classification to Two Family Residence District Classification, said Ordinance having been previously presented and read at the Council meeting of November 18, 1963, presented for final adoption. Ordinance No. 34-63 An Ordinance Amending the Zon- ing Map and Zoning Ordinance known as Ordinance No. 3-34 of the City of Dubuque to change Lots 1 to 5 inclusive Block 8, Lots 1 to 10 inclusive Block 9, Lots 1 to 10 inclusive Rlock 10, Lots 1 to io inclusive Block 11, Lots 1 to 9 inclusive Block A, and Lots 1 to 6 inclusive Block B all in Key Knolls Subdivision from their pres- ent Single Family Residence Dis- trict Classification to Two Fam- ily Residence District Classifica- tion. Be It Ordained by the City Coun- cil of the City of Dubuque, Iowa. Section I That the Zoning Or- dinance known as Ordinance No. 3-34 and the Zoning Map of the City of Dubuque be and the same In hereby amended by changing Lots 1 to 5 inclusive Block 8, Lots I to 10 inclusive Block 9, Lots 1 to 10 inclusive Block 10, Lots 1 to 10 Inclusive Block 11, Lots 1 to 9 In- clusive Block A, and Lots 1 to 6 Inclusive Block B all in Key Knolls Subdivision from their present Single Family Residence District Classification to Two Family Resi- dence District Classification. Section 2. This Ordinance shall be in full force and effect from and after Its final passage, adoption and publication as by law provided. Introduced the 18th day of No- vember. 1963. Rule requiring reading on three separate days suspended by unani- mous vote the 18th clay of Novem- ber,1969. Passed by recorded roll call vote, adopted and approved this 23rd day of December, 1963. James J. Kean MAYOR John P. Schreiber Louis Schaller Peter J. Takos Robert J. Horgan COUNCILMEN Attest: Leo F. Frommelt CITY CLERK Published officially in the Tele- graph -Herald Newspaper this 27th day Of December 1983. Leo F. Frommelt It. 12-27 City Clerk. Councilman Schaller moved the adoption of the Ordinance. Second. ed by Councilman Schreiber. Car- ried by the following vote: Yeas—Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Takos. Nays—None. Proof of Publication, certified to by the Publisher, of Notice of public hearing to consider amend- ing the 'Zoning Map and Zoning Ordinance to change Lots 1 & 2 Dreibilbies Addn, from the present Two Family Residence District Classification to Local Business District A classification, presented and read. No written objections were filed and no objectors were present in the Council Chamber at the time set for the public hearing. Councilman Schreiber moved that the proof of publication be received and filed. Seconded by Councilman Horgan. Carried by the following vote: Yeas—Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Takos. Nays—None. ORDINANCE NO. 35.63 An Ordinance Amending the Zoning Map and Zoning Ordin- ance known as Ordinance No. 3-34 of the City of Dubuque to change lots 1 and 2 of Dreibil- bies Addition from their present Two Family Residence District Classification to Local Business District "A" classification. (801 and 807 Garfield Avenue) said ordinance having been previous- ly presented and read at the Council meeting of December 2, 1963, presented for Final adoption. Ordinance No. 35-83 An Ordinance Amending the Zon- ing Map and Zoning Ordinance known as Ordinance No. 3-34 of the City of Dubuque to change Lots 1 and 2 of Drelibiibles Addition from their present Two Family Resi- dence District Classification to Lo- cal Business District "A" Classi- fication. (801 and 807 Garfield Avenue) Be It Ordained by the City Coun- cil of the City of Dubuque, Iowa. Section 1. That the Zoning Ordi- nance known as Ordinance No. 3-34 and the Zoning Map of the City of Dubuque be and the same is hereby amended by changing Lots 1 and 2 Drelbllbies Addition from their present Two Family Resi- dence District Classification to Lo- cal Business District "A" Classi- fication. Section 2. This Ordinance shall be in full force and effect from and after Its final passage, adop- tion and publication as by law provided. Introduced the 2nd day of De- cember, 1963 Rule requiring reading on three separate days suspended by unani- mousvote the 2nd day of Decem- ber, 1963. Passed by recorded roll call vote, adopted and approved this 23rd day of December, 1963. James J. Kean Mayor John P. Schreiber Louis Schaller Peter J. Takos Robert J. Horgan Councilmen Attest: Leo F. Frommelt City Clerk Published officially in the Tele- graph Herald Newspaper this 27th day of December 1963. Leu F. Frommelt I t. 12-27 City Clerk. Special Session, December 23, 1983 441 Councilman Schaller moved the be Paid from the unencum adoption of the Ordinance. Second- bered cash balance over ed by Councilman Schreiber. Car- and above amount anticl- Pated January 1 1963. ried by the following vote: PUBLIC SAFETY FUND Yeas—Mayor Kean, Councilmen Municipal Court Item No. 116—Malnte- Horgan, Schaller, Schreiber, Takos. mance A Operation .. 54,5oo.00 Nays—None. This appropriation shall be paid from the Proof of Publication, certified to excess 1963 revenue above what by the Publisher, of Notice of was anticipated. SANITATION FUND public hearing to consider amend- item No. 134—Rubbish ing the current budget, presented A Garbage Collections 200.00 item and read. Councilman Schreiber No. 140—Street Cleaning ........... ............... 6,300.00 moved that the proof of publica- tion be received and filed. Second- 6,600.00 These appropriations shall be from the ed by Councilman Schaller. Carried paid un- by the following vote: encumbered cash balance over and above amounts Yeas—Mayor Kean, Councilmen anticipated January 1, 1963 Horgan, Schaller, Schreiber, Takos. RECREATION-PARK GENERAL FUND Nays—None. Item No. 144 A—Park No written objections were filed Administration ....... 100.00 Item No. 144 C—Parti and no objectors were present in nt 8,000.00 the Council Chamber at the time It No.vem 44 n�,..Park Moore's Mill Develop- set for the public hearing. ment ......... .... ................ 1,500.0o ORDINANCE NO. 3643 9,600.00 An Ordinance Amending the These appropriations budget as approved by Resold- shall be paid from the un- encumbered cash balance tion No. 163-62 and Ordinance .lanuary 1, 1963 and excess No. 1-63, said ordinance having was revenue above what was anticipated. been previously presented and RECREATION-MUNICIPAL GOLF read at the Council meeting of C j em ENo. 1D71—Malnte- December 2, 1963, nance & Operation 2,500.00 for final tion. This appropriation shall P resented ado P be paid from the unencum- ORDINANCE NO. 36-63 bered cash balance over An Ordinance amending t he and above amount anticl- budget as approved by Resolution paled January 1, 1963. No. 163-62 and Ordinance No. l- UTILITIES FUND 83, Item No. 138—Street & Be It Ordained by the City Coun- Traffic Lighting .. .. 1,150.00 cil of the City of Dubuque: This appropriation shall That the unexpended cash bal- be paid from the unencum- anees on hand at the close of the bered cash balance over preceding fiscal year not estimated and above amount anticl- or appropriated in the originalgated January 1, 1963 DEBT SERVICE FUND budget approved by Resolution No. 163-62 and Ordinance No. 1-63 are Item No. 161-J-I—Judg- hereby allocated and appropriated ment 4,250.00 for payment of necessary expendi- This appropriation shall tures of City Government, in the be paid from the unen- following amounts and for t h e purposes as hereinafter set forth, cumbered cash balance over and above amount and to that end the appropria- anticipated January 1, 1963. tions and allocations of funds are Total additional appro- for the expendi- hereby authorized to-wit: priation ture of City Government RECEIPTS cess 1963 of the City of Dubuque, Iowa for the fiscal year Rev. Mi se. Rev. d mi beginning January 1, 1963 s red Total and ending December 91, Fund Balance General Fund 17,000.00 17,000.00 1963 ....re 185,600.ading this Passed upon first reading Public Safety 2n'I day of December 1883. Fund 54,500.00 54,600.00 Sanitation Fund 6,500.00 6,500.00 Passed, adopted and approved upon final reading this 23rd day of Recreation - Park General Fund 8,600.00 9,600.00 r 1963. Decemb�AMEB J. KEAN Recreation - Golf Course Fund 2,500.00 2,500.00 Mayor JOHN P. 13CHREIBER Utilities Street LOUIS SCHALLER & Traffic Light- ing 1,150.00 1,150.00 PETER J. T RG ROBERT J. HOCo De b t Service Fund ...._ 4,250.00 050.00 nehmen ATTEST: Lao F. Frommelt 95,500.00 City Clerk. Published officially in the Tels- EXPENDITURES graph-Herald Newspaper this 27th GENERAL FUND Capital Improvement day of December, 1963, Leo F. Frommelt Item No. 160 Community 17,000.00 City Clerk I)evelopment This appropriation shall 1 t. 12-27 442 Special Session, December 23, 1963 Councilman Schreiber moved the adoption of the Ordinance. Second- ed by Councilman Horgan. Carried by the following vote: Yeas—Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Takos. Nays—None. ORDINANCE NO. 38.63 A n Ordinance Authorizing Renier Realty Company to con- struct a loading dock in the alley, presented and read. Councilman Schreiber moved that the reading just had be con- sidered the first reading of the Ordinance. Seconded by Council- man Horgan. Carried by the follow- ing vote: Yeas—Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Takos. Nays—None. Councilman Schreiber moved that the rules be suspended re- quiring an Ordinance to be read on three separate days. Seconded by Councilman Horgan. Carried by the following vote: Yeas—Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Takos. Nays—None. ORDINANCE No. 38-63 AN ORDINANCE AUTHORIZING RENIER REALTY COMPANY TUDOCKSINTHE ALLEY CT A G BE IT ORDAINED BY THE CITY CO UNCILIOR'A OF HE CITY OF DU - Section 1. That Renter Realty Company, as owners of the prem- ises known as 62o Main Street to the City of Dubu ue be, and they the righ tanduauthoritt to conantednd struct and malntain a loading dock in the alley at the rear of said prem - lees under the terms and conditions set forth in this Ordinance: Section 2. That such construction shall be done in accordance with plans heretofore submitted by per- mittees and approved by City Man- aagger, under the supervision and direction of the city Manager, and In accordance with all applicable state and federal laws and regula- tions, and the ordinances of the City of Dubuque. Section 3. That the permission herein granted to expressly condi- tioned on permittees agreement to: (a) Assume any and all liability for damages to persons or prop- erty which may result from the construction or maintenance of said loading dock. (b) To pay on behalf of the City of Dubuque all sums which the City of Dubuque shall be- come obligated to pay by reason of the liability Imposed upon the City of Dubuque for damages of any kind resulting from the con- struction or maintenance of said loading dock, sustained by any person or persons, caused by ae..- cldent or otherwise, to defend at Its own expense and on behalf of said City any claim against the City of Dubuque arising out of the construction or mainten- ance of said loading dock. Section 4. That the permission herein granted Is expressly condi- tioned upon permlttees further agreement that should the right and privilege herein granted be rescinded or revoked by the City Council, permittees, or their succes- sors In Interest, as owners of the abutting property, shall within thirty (30) days after receipt of written notice from the City Man- ager, so to do, at their own ex- pense, remove said loading dnck, and in the event of their failure so to do, the City of Dubuque shall be authorized to remove ssld load - Ing dock at permittees expense and dispose of the same, and the per- mittees shall have no claim against the City or its agents for damages resulting from the removal of said loading dock. Section 6. This Ordinance shall become effective and the rights hereunder accrue to Renter Realty Company, when this Ordinance has been adopted by the City Council and the terms and conditions thereof accepted by permittees by acceptance endorsed on this Ordin- alleP. Passed, adopted and approved this 23rd day of December, A.D. 1963. James J. Bean, Mayor John P. Schreiber, Louts Schaller, Peter J. Takos, Robert J. Horgan, Councilmen Attest: Leo F. Frommelt, City Clerk ACCEPTANCE OF ORDINANCE No o. 38-63 The undersigned having react and being familiar with the terms and conditions of Ordinance No. 38-63 hereby, for themselves, their suc- cessors or assigns, as owners of the abutting property, accept the same and agree to be bound by the conditions and agreements therein contained to be performed by permittees. Dated 12-30-63. RENTER REALTY COMPANY By J. J. RENTER President or Vice President By MAURiCE J. RENIER, Secretary or other Officer Published officially In the Tele- graph -Herald Newspaper this Slat day of December 1963. I.EO F. FROMDIELT, It 12-31. City Clerk Councilman Schreiber moved the adoption of the Ordinance. Second- ed by Councilman Horgan. Carried by the following vote: Yeas—Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Takos. Nays—None. ORDINANCE NO. 3943 An Ordinance Amending Ordin- ance No. 3349 of City of Dubu- que, Iowa, by repealing sub- section 17 of Section C of Schedule VIII and enacting a new sub -section 17, of Section C of Schedule VIII in lieu thereof, prohibiting parking of vehicles on Tuesday or Thursday on the north side of Sixteenth Street Special Session, 1) from Iowa Street to Sycamore Street, presented and read. Councilman Schreiber moved that the reading just had be con- sidered the first reading of the Ordinance. Seconded by Council- man Horgan. Carried by the follow- ing vote: Yeas—Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Takos. Nays—None. Councilman Schreiber moved that the rules be suspended re- quiring an Ordinance to be read on three separate days. Seconded by Councilman Horgan. Carried by the following vote: Yeas—Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Takos. Nays—None. ORDINANCE NO. 39-63 AN ORDINANCE AMENDING ORDINANCE NO. 33-49 OF PITY OF DUBUQUE. IOWA, HY REPF,ALINO SUBSEC- TION 17, (.)F SECTION C. OF SCIiEDULE Vill AND EN- ACTTNG A NEW SUBSEC- TION 17, OF SECTION C. OF SCHEDULE VIII IN LIEU THEREOF, PROHIBITING PARKING OF VEHICLES ON TUb1SDAY OR THURSDAY ON THE NORTH SIDE OF SIX- TEENTH STREET FROM IOWA STREET TO SYCA- MORE STREET. NOW THEREFORE BE IT OR- DAINED BY THE CITY COUNCIL nF THE CITY OF DUBUQUE, It1WA: Section 1. That ORDINANCE NO. 33-49 be and the same Is hereby amended by repealing Sub- section 17 of Section C. of Sched- ule VIII THEREOF PROBIBIT- INC1 parking of vehicles on Tues- day or Thursday on the north ride of Sixteenth Street from I o w a Street to Pine Street and by en- acting a new Sub -Section 17 of Section C. of Schedule VIII In Ileu thereof as follows: ..C. 17. Sixteenth Street from ION'a Street to Sycamore Street." Passed, adopted and approved this 23rd day of December, A. D., 1963. JAMES J. KEAN Mayor JOHN P. SCHREIBER LOUIS SCHALLER PETER J. TAKOS ROBERT J. HORGAN Councilmen Attest: Lou F. Frummelt City Clerk. Published officially in the Tele- araph-Herald Newspaper this 30th day of Decemb-r 1963. Leo F. Frommelt City Clerk I t. 12-30. Councilman Schreiber moved the adoption of the Ordinance. Seconded by Councilman Horgan. Carried by the following vote: xember ?.3, 19613 443 Ye r Kean, Councilmen Horgan, Schaller, Schreiber, Takos. Nays—None. ORDINANCE NO. 4063 An Ordinance Amending Ordin- ance No. 33-49 of the City of Dubuque, Iowa, keown as the Traffic Code, by Repealing Sub. section 4, of Section B. Schedule X thereof, thereby no longer re- quiring southbound vehicles to Yield before entering the inter. section of St. Ambrose Street and Asbury, presented and read. Councilman Schreiber moved that the reading just had be con. sidered the first reading of the Ordinance. Seconded by Council- man Horgan. Carried by the follow- ing vote: Yeas --Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Takos. Nays—None. Councilman Schreiber moved the rules be suspended requiring an Ordinance to be read on three separate days. Seconded by Council- man Horgan. Carried by the follow- ing vote: Yeas—!Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Takos. Nays—None. Ordinance No. 40.63 An Ordinance Amending Ordl- nanee Nn. 33-49 of the City of Du - bur ue, Iowa, known as the Traffic Core, by repealing Subsection 4, of Section B. of Schedule X there- of, thereby no longer requiring southbuund vehicles to yield before -nterinx the intersection of St. Ambrose Street and Asbury. Now therefore be it ordained by the City Council of City of Du- buque, lowu: section 1. That ORDINANCE NU. 33-49 be and the same Is hereby amended by repealing Sub- section 4 of Section B. of Schedule X thereof and same is hereby re- pealed. roved Passed, adopted and ap,„ this 'lard day of Decernber A.D., t963. James J. Kean Mayor John P. Schreiber Louis Scbailer Peter J. Takos Robert J. Horgan councilrnen Attest: Lco F. P'ronunelt City Clerk Published officially In the Tele- raph-Heruld newsppaper this 30th day of Decemberl1B63F. Frmnmelt City Clerk. 1 t. 30 Councilman Councilman Schreiber moved the adoption of the Ordinance. Seconded by Councilman Horgan. Carried by the following vote: 444 Snecial Session, December 23, 1983 Yeas—Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Takos. Nays—None. ORDINANCE NO. 41.63 An Ordinance Amending Ordin- ance No. 33-49 of the City of Dubuque, Iowa, known as the Traffic Code, by Repealing Section 20.5 thereof, covering the maximum length of any motor vehicle or combination of vehicles, and by enacting a new section 20.5 in lieu thereof, presented and read. Councilman Schreiber moved that the reading just had be con. sidered the first reading of the Ordinance. Seconded by Council- man Horgan. Carried by the follow- ing vote: Yeas—Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Takos. Nays—None. Councilman Schreiber moved that the rules be suspended re- quiring an Ordinance to be read on three separate days. Seconded by Councilman Horgan. Carried by the following vote: Yeas—Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Takos. Nays—None. ORDINANCE No. 41-68 An Ordinance amending Ordin- ance No, 83-49 of the City of Du- buque, Iowa, known as the Traf- fic Code, by repealing Section 20.5 thereof, covering the maximum length of any motor vehicle or combination of vehicles, and by enacting a new Section 20.5 in lieu thereof. Now therefore be it ordained by the City Council of City of Du- buque, Iowa: Section t. That ORDINANCE No. 33-49 be and the same is hereby amended by repealing section 20.5 thereof and by enacting a new Section 20.5 In lieu thereof, as fol Iowa: "Section 20.5. The maximum length of any motor vehicle or combination of vehicles shall be as follows: 1. No single truck, unladen or with load, shall have an overall length, inclusive of front and rear bumpers, In excess of thirty-five feet. 2. No single bus, unladen or with load, shall have an overall length, inclusive of front and rear bum ,ers, In excess of forty feet, prov,ded that a bus in excess of thirty-five feet in overall length shall not have less than three axles. 8. No combination of truck trac- tor and semitrailer, nor any other combination of vehicles coupled together, unladen or with load, shall have an overall length, in- clusive of front and rear bumpers, in excess of fift feet. 4. There shall be no limit on the length of fire fighting aam- tns, and vehicles operated Yn ppthe daytime when transporting poles, pipe, machinery or other objects of a structural nature which can- not be dismembered readily when required for emergency repair of public service facilities or prop- erties, and such vehicles trans- porting such objects operated at night time by a public utility when required for emergency repair of public service facilities or prop- erties, but in respect to such night transportation every such vehicle and the load thereon shall be equipped with a sufficient num- ber of clearance lamps on both pities and marker lamps upon the extreme ends of any projecting load to mark clearly the dimensions of such load, at which time, a member of the state highway pa- trol shall be notified prior to the operation of such vehicle." Passed adopted and approved this 23rd day of December A.D., 1968. JAMES J. Kean, Ma or JOHN P. SCHREIBER, LOUIS SCHALLER. PETER J. TAKOS, ROBERT J. HORGAN, Councilmen Attest: Leo F. Frommelt, City Clerk Published officially in the Tele- graph -Herald Newspaper this 30th day of DeceLEO F. FROMMELT, City Clerk It 12-30. Councilman Schreiber moved the adoption of the Ordinance. Second- ed by Councilman Horgan. Carried by the following vote: Yeas—Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Takos. Nays—None. ORDINANCE NO. 42-63 An Ordinance Amending Ordin- ance No. 33.49 of the City of Dubuque, Iowa, known as the Traffic Code, by repealing Section 16.32 thereof and by en- acting a new section 16.32 in lieu thereof, presented and read. Councilman Schreiber moved that the reading just had be con. sidered the first reading of the Ordinance. Seconded by Council- man Horgan. Carried by the follow- ing vote: Yeas—Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Takos. Nays—None. Councilman Schreiber moved that the rules be suspended re- quiring an Ordinance to be read on three separate days. Seconded by Councilman Horgan. Carried by the following vote: Yeas—Mayor Kean, Councilman Horgan, Schaller, Schreiber, Takos. Nays—None. Ordinance No. 42-63 An Ordinance amending Ordin- ance No 38-49 of the City of Du- buque, Iowa, known as the Traf- fic Code, by repealing Section 16.82 .W Special Session, De thereof and by enacting a new section 16.32 in lieu thereof. vOW THEREFORE BE IT OR- DAINED BY THE CITY COUNCIL OF CITY OF DUBUQUE, IOWA: Section 1, That Ordinance No. 33-49 be and the same is hereby amended by repealing S e c t i o n 16.32 thereof and by enacting a new Section 16-32 in lieu thereof, as follows: "I6-32. The City Manager is hereby authorised to dmignate not more than four (4) metered spaces on Ninth Street to be known as Re- stricted Meter Spaces. When such melt -red spaces have been so des- ignated and suitable signs erect- ed giving notice thereof, it shall be unlawful to park any vehicle• In any such space for a longer period than two minutes at any one time during the hours and on the days designated by the Cmt> Manager. At all other times park- ing 1n said spaces shall be sub- ject to the foregoing provisions." Passed, adopted and approved this 23rd day of December, A.D., 1963. James J. Kean Mayor John P. Schreiber Louis Schaller Peter J. Takos Robert J. Horgan Councilmen Attest: Leo F. Frommelt City Clerk Published officially in the Tele- graph Herald Newspaper this 30th day of December 1963. Leo F. Frommelt City Clerk I t. 12-30 Councilman Schreiber moved the adoption of the Ordinance. Seconded by Councilman Horgan. Carried by the following vote: Yeas—Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Takos. Nays—None. ORDINANCE NO. 4363 An Ordinance Amending Ordin- ance No. 33.49 of the City of Dubuque, Iowa, by adding a new section 103 to Schedule VI thereof prohibiting parking on the south side of Dodge Street and by adding a new Section 104 to Schedule VI thereof, pro- hibiting parking on the east side of Madison Hill from West 17th Street to Clarke Drive, presented and read. Councilman Schreiber moved that the reading just had be con- sidered the first reading of the Ordinance. Seconded by Council- man Horgan. Carried by the follow- ing vote: Yeas—Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Takos. Nays—None. Councilman Schreiber moved that the rules be suspended re - M Member 23, 1983 445 quiring an Ordinance to be read on three separate days. Seconded by Councilman Horgan. Carried by the following vote: Yeas—Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Takos, Nays—None, ORDINANCE NO. 43-63 AN ORDINANCE AMENDING ORDINANCE NO. 33-49 OF THE OFUE IOWA BYYADDINGUAUNEW SECTION 103 TO SCHEDULE VI THEREOF PROHIBITING PARKING ON THE SOUTH SIDE OF DODGE STREET AND BY ADDING A NEW SECTION 104 TO SCHEDULE VI THEREOF, PROBIBITING PARKING ON THE E A S T SIDE OF MADISON HILL FROM WEST 17TH STREET TO CLARKE DRIVE. NOW THEREFORE BE IT OR- DAINED BY THE CITY COUN- CIL OF CITY OF DUBUQUE, IOWA: Section 1, That ORDINANCE NO. 33-49 be and the same is hereby amended by adding a new section 103 to Schedule VI there- of as follows: "Schedule VI. 103. On the south side of Dodge Street from Locust Street west- wardly to the boundary of City of Dubuque." Section 2. That ORDINANCE NO. 33-49 be and the same 1s hereby amended by adding a new section 104 to Schedule VI there- of as follows: "Schedule VI. 104. On the East side of Madison Hill from West 17th Street to Clarke Drive." Passed, adopted and approved this 23rd day of December, A. D., 1963, JAMES J. KEAN Mayor JOHN P. SCHREIBER LOUIS SCHALLER PETER J. TAKOS ROBERT J. HORGAN Councilmen Attest: Leo F. Frommelt City Clerk. Published officially In the Tele- graph -Herald Newspaper this 30th day of December, 1963. Leo F, Frommelt City Clerk 1 t. 12-30. Councilman Schreiber moved the adoption of the Ordinance. Seconded by Councilman Horgan. Carried by the following vote: Yeas—Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Takos. Nays—None. ORDINANCE NO. 4463 An Ordinance Amending Ordin- ance No. 33-49 of the City of Dubuque, Iowa, known as the Traffic Code, by Repealing Sub- section 18 and Sub -section 19 of Section B of Schedule III there- of, thereby no longer requiring northbound a n d southbound 448 Special Session, D vehicles to stop before entering the intersection of Kaufmann Avenue and Carter Road and the intersection of Kaufmann Ave- nue and Chaney Road. presented and read. Councilman Schreiber moved that the reading just had be con. sidered the first reading of the Ordinance. Second by Councilman Horgan. Carried by the following vote: Yeas—Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Takos. Nays—None. Councilman Schreiber moved that the rules be suspended re- quiring an Ordinance to be read on three separate days. Seconded by Councilman Horgan. Carried by the following vote: Yeas—Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Takes. Nays—None. Ordinance No. 44-63 An Ordinance Amending Ordi- nance No. 38-49 of the City of Du- buqque, Iowa, known as the Traffic Code, by repealing Subsection 18 and Subsection 19 of Section B of Schedule III thereof, thereby no longer requiring Northbound and Southbound vehicles to stop before entering the intersection of Kauf- mann Avenue and Carter Road and the intersection of Kaufmann Avenue and Chaney Road. Now therefore be it ordained by the City Council of City of Du- buque, Iowa: asatlon I.That ORDINANCE NO. 83-49 be and the dame to hereby amended by repealing Sub- section 18 and Subsection 19 of Section B of Schedule III thereof and the same are hereby respec- tively repealed. Passed adopted and approved this 23M day of December A.D., 1968. James J. Kean Mayor John P. Schreiber Louie Schaller Peter J. Takos Robert J. Horgan Councilmen Attest: Leo F. Frommelt City Clerk Published officially in the Tele- graph Herald Newspaper this 30th Say of December 1963. Leo F. Frommelt City Clerk. 1 t. 12-30 Councilman Schreiber moved the adoption of the Ordinance. Seconded by Councilman Horgan. Carried by the following vote: Yeas—Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Takos. Nays—None. ORDINANCE NO. 45-63 An Ordinance Amending Ordin- ance No. 33-49 of the City of Dubuque, Iowa, known as the Traffic Code, by adding a new ecember 23, 1963 section G. G. to Schedule II thereof, designating Kaufmann Avenue as a through street, presented and read. Councilman Schreiber moved that the reading just had be con- sidered the first reading of the Ordinance. Seconded by Council- man Horgan. Carried by the follow- ing vote: Yeas—Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Takes. Nays—None. Councilman Schreiber moved that the rule be suspended re- quiring an Ordinance to be read on three separate days. Seconded by Councilman Horgan. Carried by the following vote: Yeas—Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Takes. Nays—None. ORDINANCE NO. 45.83 AN ORDINANCE AMENDING OR- DINANCE NO. 33-49 OF THE CITY OF DUBUQUE, IOWA. KNOWN AS THE TRAFFIC CODE, BY ADDING A NEW SECTION G. G. TO SCHEDULE II THEREOF, DESIGNATING KAUFMANN AVENUE AS A THROUGH STREET. NOW THEREFORE BE IT OR- DAINED BY THE CITY COUN- CIL OF CITY OF DUBUQUE, IOWA: Section 1. That ORDINANCE. NO. 33-49 be and the same is hereby amended by adding a new Section G. G. to Schedule It there- of, as follows: "G. G. Kaufmann Avenue from the west property line of Central Avenue to the east property line of Old Timers Road; and from the w e a t pproperty line of Old Timers Road to the east property line of Bonson Street.." Passed, adopted and approved this 23rd day of December, A. D., 1968. JAMES J. KEAN Mayor JOHN P. SCHREIBER LOUIS SCHALLER PETER J. TAKOS ROBERT J. HORGAN Councilmen Attest: Leo F. Frommelt City Clerk. Puollshed officially In the Tele- graph -Herald Newtipaper this 30th clay of Deeember, 1968. Leo F. Frommelt City Clerk 1 t. 12-30. Councilman Schreiber moved the adoption of the Ordinance. Seconded by Councilman Horgan. Carried by the following vote: Yeas—Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Takes. Nays—None. ORDINANCE NO. 46-63 An Ordinance Amending Ordin- ance No. 33-49 of the City of Special Session, December 23, 1963 447 Dubuque, Iowa, known as the Traffic Code, by repealing Section 11.3 and Schedule IX of Ordinance No. 33-49, which pro- hibits the turning of vehicle so as to proceed in opposite direc- tion on certain streets, presented and read. Councilman Schreiber moved that the reading just had be con-' sidered the first reading of the Ordinance. Seconded by Council- man Horgan. Carried by the follow- ing vote: Yeas—Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Takos. Nays—None. Councilman Schreiber moved that the rule be suspended re- quiring an Ordinance to be read on three separate days. Seconded by Councilman Horgan. Carried by the following vote: Ycas—Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Takos. Nays—None. Ordinance No, 46-63 An ordinance amending ordinance No, 33-49 of the City of Dubuque, Iowa, known as the traffic code, by repealing section 11.3 and sched- ule ix of ordinance No 33-49, which section prohibits the turning of vehicle so as to proceed In op - posits direction on certain streets. Now therefore be it ordained by the city council of City of Dubuque, Iowa: Section 1. That ordinance No. 33-49 be and the sums is hereby amended by rerr,ealing Section 11.3 and Schedule iX thereof and the same are hereby respectively re- pealed. Passed, adopted and approved this 23rd day of December A.D., 1963. James J. Kean Mayor Louis Schallerlber Peter J. Takos Robert J. Horgan Councilmen Attest: Leu F. Frommelt, City Clerk Yublished officially In the Tele- Kraph-Heruid Newspaper this Stith day of December 1963. Leo F. Frommelt City Clerk. 1 t. 12.30 Councilman Schreiber moved the adoption of the ordinance. Seconded by Councilman Horgan. Carried by the following vote: Yeas—Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Takos. Nays—None. ORDINANCE NO. 47.63 An Ordinance Amending ordin- ance No. 31-61 of the City of Dubuque, Iowa, by repealing Section 5A thereof and by en acting a new section 5A in lieu thereof prescribing the time limits on certain city owned parking lots and fixing the amount of United States coin: to be deposited in parking meters thereat, presented and read. Councilman Schreiber mored that the reading just had be con- sidered the first reading of the Ordinance. Seconded by Council- man Horgan. Carried by the follow- ing vote: Seas—Mayor Kean. Councilmen llorgan, Schaller, Schreiber, Takos. Nays—None. Councilman Schreiber moved that the rule he suspended re- quiring an Ordinance to be read on three separate days. Seconded by Councilman Horgan. Carried by the following vote: Yeas—Mayor Kean, Councilmen llorgan, Schaller, Schreiber, Takos. Nays—None. Ordinance No. 47.63 An Ordinance amending Ordin- anes No. 31-61 of the City ` Du- buque. Iowa, by repealing section -A thereof and by enacting a i1Pw Section 5A in lieu thereof pre- scribing the time limits on certain city owned parking lots and fixing the amount of united States coins to be deposited in parking meters thereat. NOW THEREFORE BE iT OR - CITY rOITNCTI, oir THE CITYEOF DUTBUQUE. IOWA: Section 1. That ORDINANCE yn. 31-61be and the same is her n by amended by repealini 5A thereof and same is hereby repealed. Section 2, That ORDINANCE No. 31-61be and the same is here- by amended by enacting a new Section 5A. as follows: 15A. Parking meters on munlct- pallyy owned parking lots, te`:Pn in- s - ailed and properly operated. shnll show legal parking upon and after the deposit of United StntPs rains, I accnrdnnce with the fol- lowing schedule.: -I. On Parking Lots No. 3 and ,in the westerly two th Dna Nof I'srking Lottip f No 1 and Parking Lot No. «asleTty C, pnrh meters shall shnw leeal parking for one hour upon the ,louruslt nfpact, thefive deposit coin, each tuners pnn ten cent rain, and five hours unnn the deposit of ons twenty-five iota, coin ten hours rethan hours litanone tims: 2 ()n Parking Lilts Nne III still P r4inedi.nt NOP aWSPch 1meters r,fshat, two show legal perRI mit s ofrPsrh hnnrs unnn the A p five rent coin, fnur hour° upnn t •Pdannslt of eaeb ton nn the denosif .? and ton hnnrs up one twenty-five cent chin, but w not more than a tote, of ten hours at any tine time, 448 Special Session, December 23, 1963 "I On Parking Lot No. 8, such meters shall show legal parking for twelve minutes upon the de posit of each one cent coin, one hour upon the deposit of each five cent coin, and two hours upon the deposit of one ten cent coin, but not more than a total of two hours at any one time: "4. On Parking Lot No. 2, such meters shall show legal parking for one hour upon the deposit of each five cent coin up to a total of three hours time and no other coins shall be used to actuate and operate these meters: "6. On the easterly third of Parking Lot No. 1 and on Lot No. 4 and Lot Vo. 9, such meters shall show legal parking for eighteen minutes upon the de- posit of each one cent coin, ninety minutes upon the deposit of each five cent coin, three hours upon the deposit of each ten cent coin, and seven and one-half hours upon the deposit of each twenty- five cent coin, but not more than a total of nine hours at any one time." Passed, adopted and approved this 23rd day of December, A.D., 1968. James J. Kean, Mayor John P. Schreiber Louis Schaller Peter J. Takos Robert J. Horgan Councilmen Attest: Leo F. Frommelt, City Clerk Published officially in the Tele- graph -Herald Newspaper this 80th (lay of December 1968. Leo F. Frommelt, City Clerk 1t. 12-l0 Councilman Schreiber moved the adoption of the Ordinance. Seconded by Councilman Horgan. Carried by the following vote: Yeas—Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Takos. Nays—None. Petition of Mrs. Robert C. Mc- Laughlin expressing her interest in a piece of property adjoining her lot at 1540 Garfield Avenue, presented and read. Councilman Horgan moved that the petition be referred to the City Manager. Seconded by Councilman Schreiber. Carried by the following vote: Yeas—Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Takos. Nays—None. Petition of Richard W. Logan et al requesting the extension of Riker Street from Dunn Court to Rush Street for several reasons, presented and read. Councilman Horgan moved that the petition be referred to the City Manager and Engineer for 1964 street program consideration. Seconded by Council. man Schreiber. Carried by the following vote: Yeas—Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Takos. Nays—None. Petition of Peoples Natural Gas requesting permission to excavate in Mineral Street, presented and read. Councilman Schaller moved that the petition be granted. Seconded by Councilman Takos. Carried by the following vote: Yeas—Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Takos. Nays—None. Petition of Gordon Cunningham requesting a refund of $50. on the unexpired portion of cigarette license No. 5, presented and read. Councilman Schaller moved that the petition be granted and the Auditor instructed to issue proper warrant. Seconded by Councilman Takos. Carried by the following vote: Yeas—Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Takos. Nays—None. Petition of Roger W. Rommel requesting a refund of $50. on the unexpired portion of cigarette license No. 96, presented and read. Councilman Schaller moved that the petition be granted and the Auditor instructed to issue proper warrant. Seconded by Councilman Takos. Carried by the following vote: Yeas—Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Takos. Nays—None. Petition of Thomas P. Richman requesting a refund of $50. on the unexpired portion of cigarette license No. 95, presented and read. Councilman Schaller moved that the petition be granted and the Auditor instructed to issue proper warrant. Seconded by Councilman Takos. Carried by the following vote: Yeas—Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Takos. Nays—None. Petition of Thomas P. Richman requesting a refund of $50. on the unexpired portion of Class B beer license No. 60, presented and read. Councilman Schaller moved that the refund be granted and the Auditor instructed to issue proper warrant. Seconded by Councilman Takos. Carried by the following vote: Yeas—Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Takos. Nays—None. .W§ Special Session, December 23, 1963 449 Proof of Publication, certified to by the Publisher, of notice of public hearing to consider proposal to construct a motor vehicle park- ing ramp, proposal to acquire real estate, and whether or not public convenience and necessity will be served, presented and read. No written objections were filed and no objectors were present in the Council Chamber at the time set for the public hearing. Councilman Takos moved that the proof of publication be received and filed. Seconded by Councilman Schaller. Carried by the following vote: Yeas—Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Takos. Nays—None. Communication of Chamber of Commerce expressing their delight over the progress achieved toward the construction of a parking ramp and requesting that con- struction thereof proceed forth- with, presented and read. Council- man Takos moved that the com- munication be received and filed. Seconded by Councilman Schaller. Carried by the following vote: Yeas—Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Takos. Nays—None. Mr. Cliff Walsh of 1728 Diane Court addressed the Council by stating his support for a down- town parking ramp feeling that it is of vital necessity. A ramp would be good for the City because it would help erase a bad parking image our city has in the surround- ing trade area. A merchant must stock his store in correct ratio and balance with the expected trade potential. He cannot jeopar- dize his financial condition by over extending his inventories, by adding more complete stocks, un- less he can see a possible oppor. tunity to make those efforts pay out. I feel that the very inadequate parking system of Dubuque has for a long time hampered the growth of retail volume done here. The lack of parking keeps people away by the thousands from Dubuque thereby forbidding retail growth. A merchant must look for peak seasons of the year to just make his business continue, yet he cannot extend himself be- yond the limit of the parking facilities available. It appears to me that the only cities that are stifled in growth are those where selfishness abounds and where un- less a person is directly benefited by any civic undertaking then he is against it. I request that plans for the parking ramp be expedited and that we have no more delay. Mr. Waldo Adams of the First National Bank stressed the need of a parking ramp as soon as possible. Mr. Earl Marihart stated that by building a ramp at 8th street it would relieve the parking situation around the Board of Education at 1500 Locust Street. Nic Yiannias of 509 Bradley Street recommended that Site "B" as picked by Victor Gruen be accepted. Frank Saunders of 2373 Martin Drive mentioned the fact that in 1960 the Council made a trip to Kalamazoo Michigan and observed the transformation that took place there as to the cleaning up of store fronts etc. after the parking problem was taken care of. Eldon T. Herrig of 506 St. George St. stated that the first step in rebuilding the downtown area would be to erect a parking ramp. Paul Jacobs of 1365 S. Grandview Ave., a former resident of Water- loo, brought out a point that was evidently overlooked up to the present time by stating that when the ramp was constructed in Waterloo it provided a means to remove on -street parking which greatly help the flow of traffic. Walter Grubb of 510 Primrose mentioned that it is quite apparent that there is insufficient downtown parking area. Attorney Francis O'Connor of Sunset Ridge asked the following questions and fol- lowed with the answers in this fashion --Should we have the ramp and where should it be located? All agreed that the ramp should be constructed and the. City Manager, merchants, Chamber of Commerce etc in fact all parties to whom it has been referred agree as to the location and proposed site as set out by Victor Gruen Associates. RESOLUTION NO. 252.63 WIiEREAS, pursuant to reso- lution and published notice of time and place of hearing, City Council of Dubuque, Iowa, met on the 23rd day of December 1963 at 7:30 o'clock P.M., Central Stan- dard Time, in the City Council Chamber in the City Hall, Dubu- 450 spccial Session, December 23, 1963 que, Iowa, to consider and deter- mine whether or not public con- venience and necessity will be served by the construction, erec- tion and operation of a multiple story motor vehicle parking ramp for the parking of motor vehicles which facility is proposed to be located in the area bounded on the north by Ninth Street, bounded on the west by Bluff Street, bounded on the south by Eighth Street and bounded on the east by Locust Street, all in the City of Dubuque, Iowa. at which hearing all persons affected by the establishment of such facility were afforded an opportunity to be heard in ob- jection thereto; and WHEREAS, the City Council of Dubuque, Iowa, over -ruled any and all objections, oral or written by any and all persons affected by the establishment of such facility. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF DUBUQUE, IOWA: Section 1. That the construction, erection and operation of a multi- ple story motor vehicle parking ramp for the parking of motor vehicles to be located in the area bounded on the north by Ninth Street, bounded on the west by Bluff Street, bounded on the south by Eighth Street and bounded on the east by Locust Street, all in the City of Dubuque, Iowa, be and the same is hereby deemed as serving the public convenience and necessity, and that the establish- ment of such facility will serve the public convenience and necessity. Passed, adopted and approved this 23rd day of December, A.D., 1963. JAMES J. KEAN Mayor JOHN P. SCHREIBER LOUIS SCHALLER PETER J. TAKOS ROBERT J. HORGAN Councilmen Attest: LEO F. FROMMELT City Clerk Mayor Kean moved that the resolution be approved and adopted. Seconded by Councilman Horgan. Carried by the following vote: Yeas—Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Takos. Nays—None. COUNCIL RECESSED AT 9:40 P.M. COUNCIL RECONVENED AT 10:00 P.M. Councilman Takos moved that Thomas Loosbrock be appointed to the Planning & Zoning Commission to fill the unexpired term of R. D. Waller to 5-24-66. Seconded by Councilman Schreiber. Carried by the following vote: Mayor Kean, Councilmen Schrei- ber, Takos. Nays—Counclimen H o r g a n, Schaller. Councilman Horgan stated that the reason for his nay vote was that Mr. Thomas Loosbrock is al- ready serving on a commission. Councilman Schaller voted nay be- cause in his opinion the council should render an unanimous decision and wanted it understood that his nay vote was no reflec- tion on the man himself. Mayor Kean moved that. Joseph Voelker be appointed to the Dock Commission for a three year term to 11-26.66 to replace Mr. Irvin Oeth. Seconded by Councilman Schreiber. Carried by the following vote: Yeas—Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Takos. Nays --None. Proof of Publication, certified to by the Publisher, of Notice of public hearing to consider sale of Lot 1 of Lot 2 of Lot 725, being a part of vacated Peabody street, presented and read. No written objections were filed and no ob- jectors were present in the Council Chamber at the time set for the public hearing. Councilman Schrei- ber moved that the proof of publi- cation be received and filed. Seconded by Mayor Kean. Carried by the following vote: Yeas—Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Takos. Nays—None. RESOLUTION NO. 253.63 WHEREAS, pursuant to resolu- tion and published notice of time and place of hearing, City Coun- cil of Dubuque met on the 23rd day of December, 1963, at 7:30 o'clock p.m., Central Standard Time, in the City Council Cham- ber in the City Hall, Dubuque, Iowa, to consider the proposal to dispose of certain real estate at which hearing all interested per- JOE �00 Special Session, December 23, 1963 451 sons were afforded an opportun- ity to be heard for or against such proposal and which real estate is described as follows, to -wit: Lot 1 of Lot 2 of City Lot 725 in the City of Dubuque, Iowa, subject to easements for sanitary and storm sewers; and WHEREAS, City Council of Du- buque, Iowa, overruled any and all objections, oral or written, to the proposal to dispose of the inter- est of the City of Dubuque in the above described real estate to Line- han & Molo, Inc, and Anthony Hel- ling for the sum of Three Thou- sand ($3,000.00) Dollars. NOW THEREFORE BE IT RE- SOLVED by the City Council of the 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, to -wit: Lot 1 of Lot 2 of City Lot 725 in the City of Dubuque, Iowa, subject to easements for sanitary and storm sewers, for the sum of $3,000.00 plus costs of publication, subject to the here- inafter specified conditions be and the same is hereby approved as it is in the best public interest. Section 2. That the disposal of the interest of the City of Du- buque in the hereinabove de- scribed real estate to Linehan & Molo, Inc. and Anthony Helling is on condition that the following conditions be incorporated as the terms of conveyance on the part of Linehan & Molo, Inc. and An. thony Helling to be observed and complied with and upon breach or failure to comply with said condi- tions, said real estate shall revert to the City of Duuque absolutely, without re-entry, demand or notice of forfeiture, which conditions are as follows, to -wit: I) Purchasers shall enter into a bonafide contract for the erection and construction for the expansion and improve- ment of the Dodge House Mo. tel, the cost of which im. provements shall be not less than Eighty Thousand ($80,- 000.00) Dollars, within two years of the date hereof, which contract shall provide, among other things, for the completion of said improve- ments within six months of the two-year term herein. above specified, and it is fur. ther stipulated that in no event shall the term for the completion of said improve- ments exceed thirty (30) months from the date here. of, it being understood that time is the essence hereof. Purchasers have materially represented to the City that said improvements shall con. sist in the construction of at least twenty-one (21) addi. tional motel units, as expan- sion to the present Dodge Dodge House Motel. Upon completion of said motel ad- dition the City of Dubuque, Iowa shall have no further in- terest in the property hereto- fore described. 2) It is understood and agreed by and between City of Du- buque and purchasers that the conveyance by the City of Dubuque is deemed a de- terminable fee and in the event that the foregoing pro- vision is not complied with by the purchasers or assignee of either one of them, then and In that event the property herein conveyed shall revert to the City of Dubuque abso- lutely, without re-entry, de- mand or notice of forfeiture. Section 3. It is the expressed in- tention of the City of Dubuque, Iowa, to consider the proposed grant to the purchasers of the property hereinabove described as a determinable fee, and that no abstract of title shall be furnished the purchasers and costs of publi- cation shall be paid by the pur. chasers. Section 4. That the Mayor and City Clerk are hereby authorized and empowered to execute the Quit Claim Deed of City of Du- buque, conveying to Linehan & Molo, Inc. and Anthony Helling, all of Its right, title and interest in and to the hereinabove de- scribed real estate and to deliver the same upon receipt of the pur- chase price of $3,000.00, payment of costs of publication and execu. tion of consent to abide by the terms of grant by Linehan & M010, Inc. and Anthony Helling. 452 Special Session, December 23, M3 Passed, adopted and approved this 23rd day of December, A.D., 1963. JAMES J. KEAN Mayor JOHN P. SCHREIBER LOUIS SCHALLER PETER J. TAKOS ROBERT J. HORGAN Councilmen Attest: LEO F. FROMMELT City Clerk Councilman Schreiber moved the adoption of the resolution. Second- ed by Mayor Kean. Carried by the following vote: Yeas—Mayor Kean. Councilmen Horgan, Schaller, Schreiber, Takos. Nays—None. Councilman Takos moved that in the event that construction is not completed within a period of 30 months and upon reconveyance of the interest acquired the amount of $3000.00 will be repaid by the City to the purchasers. Seconded by Councilman S:haller. Carried by the following vote: Yeas—Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Takos. Nays—None. RESOLUTION NO. 255.63 WHEREAS, on the 18th day of Novemer 1963, the City Council of Dubuque, Iowa, passed, adopted and approved Resolution No. 229- 63, approving the subdivision plat of Lots 1 to 5 inclusive of Block 8; Lots l to 10 inclusive of Block 9; Lots 1 to 10 inclusive of Block 10, Lots 1 to 10 inclusive of Block 11 and Lots 1 to 9 inclusive of Block A; and Lots 1 to 4 inclusive of Block B in Key Knolls Subdivi- sion in the City of Dubuque, Iowa, subject to certain conditions set forth in said Resolution; and WHEREAS, said resolution pro- vided that the subdivider, Hillerest Builders, Inc. should provide se- curity to the City of Dubuque for the performance of said terms and conditions within 45 days from the date of said Resolution; and WHEREAS, Hillcrest Builders, Inc. has advised the City Manager of the City of Dubuque, Iowa, that it will not be able to furnish the security required by said Resolu- tion within the aforesaid 45 day period as provided in Resolution No. 229-63; and WHEREAS, Hillcrest Builders, Inc. has requested an extension of the time within which to furnish said security; NOW, THEREFORE, BE IT RE- SOLVED by the City Council of Dubuque, Iowa: Section 1. That the 45 day period set forth in Resolution No. 229-63 duly adopted by the City Council of Duuque, Iowa, on November 18, 1963, be and the same is hereby extended to and including January 27, 1964. Section 2. That the terms and provisions as set forth in Resolu- tion No. 229.63 shall be and re- main in force and effect except that the time for the filing of the required security is extended to and including January 27, 1964. Passed, adopted and approved this 23rd day of December, A.D., 1963, by unanimous roll call vote. JAMES J. KEAN Mayor JOHN P. SCHREIBER LOUIS SCHALLER PETER J. TAKOS ROBERT J. HORGAN Councilmen Attest: LEO F. FROMMELT City Clerk ACCEPTANCE OF RESOLUTION NO. 255.63 The undersigned, having read the terms and conditions of the ;�fcresaid Resolution 255-63, and being familiar with the contents thereof hereby accepts the same, and agrees to comply therewith. HU LCREST BUILDERS, INC. Russell L. Rafoth Vice Pres. Richard V. Hansel Sec. Corporate Seal Councilman Schreiber moved the adoption of the resolution. Second- ed by Councilman Schaller. Carried by the following vote: Yeas—Mayor Kean, Councilmen IIorgan, Schaller, Schreiber, Takos. Nays—None. December 16, 1963 To the Honorable Mayor and City Council Gentlemen: The attached Official Budget Re- port is the Estimated Expenditures and Construction Programs for 1964, as required by Chapter 312, Road Use Tax Fund, Code of Iowa, and as amended by the 60th Gen- eral Assembly. This report includes all expenditures to be made from Special Session, December 23, 1983 453 all the different funds of the City of Dubuque in order to complete our 1964 Street Programs and Parking. The Official Budget Report of Dubuque for municipal streets and parking from January 1, 1964 to December 31, 1964 must be ap- proved by resolution of the City Council before being filed with the Iowa Highway Commission. This must be done before City will re- ceive its Road Use Tax money for 1964. Very truly yours, Gilbert D. Chavenelle City Manager Councilman Schreiber moved ap- proval of the report. Seconded by Councilman Schaller. Carried by the following vote: Yeas—Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Takos. Nays—None. RESOLUTION NO. 254-63 A Resolution Approving the City of Dubuque, Iowa 1964 Tentative Street and Parking Budget and Construction Report. WHEREAS, a distribution of ex- penditures and receipts of the City of Dubuque Tentative Street and Parking Budget and Construction Report for the year beginning Jan- uary 1, 1964 and ending Decem- ber 31, 1964 has been duly pre- pared in accordance with Chapter 312, Road Use Tax Fund, Code of Iowa, and as amended by the 60th General Assembly, State of Iowa, and submitted to this Council for approval, and WHEREAS, This Council has examined the tentative Street and Parking Bud- get and Construction Report for the year 1964 wherein a distribu- tion of expenditures and receipts for the fiscal year are shown.. NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa: That the distribution of expendi- tures and receipts for the tentative Street and Parking Budget and Construction Report for the fiscal year 1964 be and the same is here- by adopted and approved. Passed, approved and adopted this 23rd day of December, 1963. JAMES J. KEAN Mayor JOHN P. SCHREIBER LOUIS SCHAI.LER PETER J. TAKOS ROBERT J. HORGAN Councilmen Attest: LEO F. FROMMELT City Clerk Councilman Schreiber moved that the resolution be adopted. Sec- onded by Mayor Kean. Carried by the following vote: Yeas—Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Takos. Nays—None. APPLICATION FOR ANNEXATION To: The Honorable Mayor and Members of the City Council of the City of Dubuque, Iowa. We, the undersigned, record ti- tle owners of the following de- scribed real estate, which is con- tiguous to the City of Dubuque, Iowa, do hereby request and peti. tion that the said real estate be annexed to, and made a part of the City of Dubuque, Iowa, to -wit: Lot 1 of Mineral Lot 388 in Sec- tion 15, Township 89 North, Range 2 East of 5th Principal Meridian; Southeast One -Quarter of South- east One -Quarter, Section 10, Township 89 North, Range 2 East of 5th Principal Meridian; Fast One -halt of Southwest One - Quarter of Southeast One -Quar- ter, Section 10, Township 89 North, flange 2 East of 5th Prin- cipal Meridian; Lot 1 of North- east One -Quarter of Southeast One -Quarter, Section 10, Town- ship 89 North, Range 2 East of 5th Principal Meridian; Lot 2 of East One-half of Northwest One - Quarter of Southeast One-Quar- ..ter, Section 10, Township 89 North, Range 2 East of 5th Prin- cipal Meridian; all in Dubuque Township, Dubuque County, Iowa, according to the recorded plats thereof. Attached hereto and made a part hereof by this reference, marked Exhibit "A" is a plat showing the above described real estate in re- 454 Special Session, December 23, 1963 lation to the existing limits of the City of Dubuque, Iowa. Dubuque, Iowa, December 14, 1963 Frank Mozena Hattie Mozena Mayor Kean moved that the ap. plication be approved. Seconded by Councilman Schreiber. Carried by the following vote: Yeas—Mayor Kean, Councilmen Horgan, Schaller Schreiber, Takos. Nays—None. RESOLUTION ANNEXING CERTAIN TERRITORY NO. 256.63 WHEREAS, the owners of an area approximately 134.20 acres in size immediately adjoining the northerly city limits of the City of Dubuque, Iowa. WHEREAS, the inhabitants of said territory will be enabled to secure the benefits of city govern- ment in the way of police and fire protection if said territory is in. corporated within the city limits of the City of Dubuque, Iowa; and WHEREAS, the inhabitants of said territory will be enabled to se. cure water, and other municipal services if said territory is incorpo- rated within the city limits of the City of Dubuque, Iowa; and WHEREAS, Section 362.30, Code of Iowa 1962, authorizes the exten. sion of city limits in situations of this character by the adoption of a resolution therefor; and WHEREAS, the future growth, development, and preservation of the public health of the City of Du- buque, Iowa, makes it imperative that said territory be made a part of the City of Dubuque, Iowa; and NOW, THEREFORE, be it re- solved by the City Council of the City of Dubuque, Iowa. that the territorial limits of the City of Dubuque, Iowa be and they are hereby extended to include the area comprising the following de- scribed real estate: Lot 1 of Mineral Lot 388 in Sec- tion 15, Township 89 North, Range 2 East of 5th Principal Meridian; Southeast One -Quarter of Southeast One -Quarter, Sec- tion 10, Township 89 North, Range 2 East of 5th Principal Meridian; East One-half of South- west One -Quarter of Southeast One -Quarter, Section 10, Town- ship 89 North, Range 2 East of 5th Principal Meridian; Lot 1 of Northeast One -Quarter of South. east One -Quarter, Section 10, Township 89 North, Range 2 East of 5th Principal Meridian; Lot 2 of East One-half of Northwest One -Quarter of Southeast One - Quarter, Section 10, Township 89 North, Range 2 East of 5th Prin- cipal Meridian; all in Dubuque Township, Dubuque County, Iowa, according to the recorded plats thereof. This area is as shown on the plat attached hereto, and by this reference made a part hereof, the boundaries of said area being out- lined in rei thereon. Passed, adopted, and approved this 23rd day of December, 1963. JAMES J. KEAN Mayor JOHN P. SCHREIBER LOUIS SCHALLER PETER J. TAKOS ROBERT J. HORGAN Councilmen Attest: LEO F. FROMMELT City Clerk Councilman Schreiber moved the adoption of the resolution. Second- ed by Council Schaller. Carried by the following vote: Yeas—Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Takos. Nays—None. December 23, 1963 Honorable Mayor and City Council Gentlemen: This is to advise you that the City of Dubuque 1963 Grading Project No. 1 has been completed in accordance with the City of Du- buque plans and specifications. 1, therefore, recommend the ac- ceptance of the above named proj- ect. Very truly yours, Gilbert D. Chavenelle City Manager Councilman Schaller moved that the recommendation of the City Manager be approved. Seconded by Councilman Schreiber. Carried by the following vote: Yeas—Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Takos. Nays—None. FINAL ESTIMATE RESOLUTION NO. 25763 WHEREAS, the contract for the City of Dubuque 1963 Grading Project No. 1 Carter Road from a .on Special Session, December 23, 1983 455 point 600 feet north of the north property line of Kane St. to the south property line of West 32nd Street, grading and drains, has been completed and the City En- gineer has submitted his final es- timate showing the cost thereof in- cluding the cost of estimates, no- tices, inspection, and preparing the assessment and plat, now there- fore, BE IT RESOLVED, by the City Council of the City of Dubuque, That the cost of said improve- ment is hereby determined to be $52,475.04. That none of the cost thereof shall be assessable upon private property and $52,375.04 shall be paid from the 135 1 Road Use "A" Fund of the City of Dubuque. Passed, adopted and approved this 23rd day of December 1963. JAMES J. KEAN Mayor JOHN P. SCHREIBER LOUIS SCHALLER PETER J. TAKOS ROBERT J. HORGAN Councilmen Attest: LEO F. FROMMELT City Clerk Councilman Schreiber moved the adoption of the resolution. Second- ed by Mayor Kean. Carried by the following vote: Yeas—Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Takos. Nays—None. (A Resolution Accepting improvement) RESOLUTION NO. 25843 WHEREAS, the contract for the City of Dubuque 1963 Grading Project No. 1 Carter Road from a point 600 feet north of the north property line of Kane St. to the south property line of West 32nd Street, grading and drains, has been completed and the City Man- ager has examined the work and filed his certificate stating that the same has been completed accord- ing to the terms of the contract, plans and specifications and rec. ommends its acceptance, now therefore, BE IT RESOLVED, by the City Council of the City of Dubuque, that the recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted. BE IT FURTHER RESOLVED, that. the City Treasurer be and he is hereby directed to pay to the contractor from the Street Con- struction Fund -Road Use Tax in amount of his contract, less any retained percentage provided for therein. Passed, adopted and approved this 23rd day of December, 1963. JAMES J. KEAN Mayor JOHN P. SCHREIBER LOUIS SCF. XLLER PETER J. TAKOS ROBERT J. HORGAN Councilmen Attest: LEO F. FROMMELT City Clerk Councilman Schaller moved the adoption of the resolution. Second- ed by Mayor Kean. Carried by the following vote: Yeas—Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Takos. Nays—None. RESOLUTION NO. 25963 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 Dorothy M. Jewell, 574 East 16th Street (Effective 1-1-64) BE IT FURTHER RESOLVED that the bonds filed with the application be approved. Passed, adopted and approved this 23rd day of December, 1968. JAMES J. KEAN Mayor JOHN P. SCHREIBER LOUIS SCHALLER PETER J. TAKOS ROBERT J. HORGAN Councilmen Attest: LEO F. FROMMELT City Clerk Councilman Schaller moved the adoption of the resolution. Second- ed by Councilman Schreiber. Carried by the following vote: Yeas—Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Takos. Nays—None. RESOLUTION NO. 26063 WHEREAS, applications for Beer Permits have been submitted to 456 Special Session, December 2.3, 1963 this Council for approval and the same have been examined: NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Dubuque. that the following applications be granted and licenses issued upon the compliance with the terms of the ordinances of the City. Name Address CLASS "B" BEER PERMIT Dorothy M. Jewell, 574 East 16th Street. John N. Delaney, 2319 Prince Street. Passed, adopted and approved this 23rd day of December, 1963. JAMES J. KEAN Mayor JOHN P. SCHREIBER LOUIS SCHALLER PETER J. TAKOS ROBERT J. HORGAN Councilmen Attest: LEO F. FROMMELT City Clerk Councilman Schaller moved the adoption of the resolution. Second- ed by Councilman Takos. Carried by the following vote: Yeas—Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Takos. Nays—None. RESOLUTION NO. 261.63 WHEREAS, applications for Beer Permits were filed by the within named applicants and they have received the approval of this Council; and WHEREAS, the premises to be occupied by such applicants were inspected and found to comply with the ordinances of this City and they have filed proper bonds: NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the Manager be and he is hereby directed to issue to the following named applicants a Beer Permit. Name Address CLASS "B" BEER PERMIT Dorothy M. Jewell, 574 East 16th Street John N. Delaney, 2319 Prince Street BE IT FURTHER RESOLVED that the bonds filed by such applicants be and the same hereby approved. Passed, adopted and approved this 23rd day of December, 1963 ,LAMES .1. KEAN Mayor JOHN P. SCHREIBER LOUIS SCHALLER PETER J. TAKOS ROBERT J. HORGAN Councilmen Attest: LEO F. FROMMELT City Clerk Councilman Schaller moved the adoption of the resolution. Second- ed by Councilman Schreiber. Carried by the following vote: Yeas—Mayor Kean, Couneiimen Horgan, Schaller, Schreiber, Takos. Nays—None. RESOLUTION NO. 262.63 WHEREAS, Applications f or Liquor Permits have been sub- mitted to this Council for approval and the same have been examined, NOW THEREFORE BE IT RE- SOLVED, by the City Council of the City of Dubuque, Iowa, that the following applications be grant- ed and licenses issued upon the compliance with the terms of the IOWA LIQUOR CONTROL ACT - CHAPTER 123 -as amended by the 60th General Assembly, 1963. Name Address CLASS "C" COMMERCIAL ESTABLISHMENT Dorothy M. Jewell, 574 East 16th Street John F. Hall, 2616 Windsor Avenue Passed, adopted and approved this 23rd day of December, 1963. JAMES J. KEAN Mayor JOHN P. SCHREIBER LOUIS SCHALLER PETER J. TAKOS ROBERT J. MORGAN Councilmen Attest: LEO F. FROMMELT City Clerk Councilman Schaller moved the adoption of the resolution. Second- ed by Councilman Schreiber. Carried by the following vote: Yeas—Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Takos. Nays—None. RESOLUTION NO. 263.63 WHEREAS, Applications f or 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 Special Session, December 23, 1963 457 inspected and found to comply with the State Law and all City ordin- ances 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. Name Address CLASS "C" COMMERCIAL ESTABLISHMENT Dorothy M. Je�kell, 574 East 16th Street John F. Hall, 2616 Windsor Avenue Passed, adopted and approved this 23rd day of December, 1963. JAMES .1. KEAN Mayor JOHN P. SCHREIBER LOUIS SCHALLER PETER J. TAKOS ROBERT J. HORGAN Councilmen Attest: LEO F. FROMMELT City Clerk Councilman Schaller moved the adoption of the resolution. Second- ed by Councilman Schreiber. Carried by the following vote: Yeas --Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Takos. Nays—None. There being no further business Mayor Kean moved to adjourn. Seconded by Councilman Schreiber. Carried by the following vote: Yeas—Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Takos. Nays—None. Leo F. Frommelt City Clerk. Approved March 2. . 1964 Adopted .......Mar Councilmen -ter ..... .................. City Clerk OFFIC a. EEDIN COUNCIL DUBUQUE 1964 CITY OFFICERS FOR THE YEAR 1964 COUNCILMEN ROBERT J. HORGAN, Mayor JAMES J. KEAN ELDON A. PFOHL RICHARD LUDWIG PETER J. TAKOS City Clerk LEO F. FROMMELT City Solicitor R. N. RUSSO MUNICIPAL COURT JUDGES EDWARD D. FAILOR FRANK D. GILLOON JR. Municipal Court Clerk ...... JOSEPH A. STIEBER Municipal Court Bailiff_ ELMER D. JOHANNINGMEIER CITY MANAGER GILBERT D. CHAVENELLE City Treasurer City Planner EDWARD M. TSCHIRGI CLYDE COOK A. G. HEITZMAN 12-1-64 Building Commissioner City Auditor DONALD BANDY A. L. HOLSCHER Plumbing Inspector City Engineer RICHARD J. FEYEN JOHN WHITE Electrical Inspector LUVERN J. NORTON City Assessor HARRY J. HANOVER Health Director DR. A. J. ENTRINGER Chief of Fire Department Sanitary Officer THOMAS C. HICKSON ARTHUR J. MILLER Chief of Police Milk Sanitarian PERCY LUCAS A. J. ROTH Sup't of Water Works Food and Restaurant Inspector J. J. HAIL MILDRED KENNEDY Street Department Director of Recreation CLETUS ALLEN RICHARD J. SLATTERY Regular meetings of the City Council are held on the first Monday of each month at 7:30 o'clock P.M. INDEX — ROOK 94 1964 SUBJECT Page A .tan. 6—American Trust and Savings Bank, appointed official depository of public funds ........................................ 3 " 6—Annexation, Application of Regina Duggan Trust for the annexation of approximately 42.78 acres off the North Cascade Road ............................................ 11, 21 Feb. 10—Annual Reports of the City Auditor City Treasurer and Health Department for the fiscal year begin- ning January 1, 1963 and ending December 31, 1963................................................................................ 20, 38 " 10—Anthoine Louis, requesting refund on Cigarette Per- mitNo. 115.................................................................. 25 " 10—Annexation, application of Westchester Inc., for the annexation of a portion of Westchester Sub......... 26, 27 " 10—Atlantic & Pacific Tea Company, granted Class "C" BeerPermit.................................................................. 32 Mar. 2—American Legion Post No. 6, requesting permission tohold a tag day ........................................................ 45 " 2 --American Trust & Savings Bank, appointed deposi- tory of funds for Municipal Court .......................... 46, 47 " 2—Althaus Herbert & Emil, granted Class "B" Beer Permit............................................................................ 54 April 6—American Legion Junior Drum & Bugle Corps No. 6, requesting permission for tag day .......................... 75 " 6—Allison Place, improvement with Bituminous Con- crete Paving from the south property line of Delhi Street to the west property line of College Street..................................................86, 138, 196, 312, 359 " 6—Arlington Street, improvement with Bituminous Con- crete Paving from the west property line of Grove Terrace to the east property line of Prairie Street 86, 137, 196, 312, 359 " B—Atlantic Street, improvement with Bituminous Con- crete Paving from the north property line of Uni- versity Avenue to the south property line of Loras Boulevard................................86, 138, 196, 312, 360 " 20—Annexation, application of Joseph F., John W. and John A. Link, for the annexation of their prop- erty west of the City of Dubuque ..........108, 159, 188, 242 " 20—Addyman Homer, reappointed to Heating, Ventilat- ing and Refrigeration Board .................................... Day, 113 May 4—Armed Forces requesting proclamation of Armed Forces Day in Dubuque ................................ 150 " 4—Annexation, application of Midwest Developers Inc. for the annexation of property south of Pennsyl- vania Avenue ........................................................150, 165, 200 June 1—Annexation petition of Joan E. Smith et al., request- ing annexation of property east of the John F. Kennedy Road ............................................... 192 " 1—Annexation, petition of Schiltz Development Corpo- ration, George W. and Bernice M. Paisley, re- questing annexation of approximately 69.5 acres 201, 228 " 1—Arlen Clarence J. and Dolores, approval of plat of Block 22 Lots 8 to 14, Block 23 Lots 16 to 30, Block 24 Lots 11 to 26, Block 25 Lots 5 to 8, Block 26 Lots 1 to 12, Block 27 Lots 1 to 7 inclusive of Clover Hills Subdivision ............................................ 198 " l—Ansel Fred, granted Class "B" Beer Permit ................ 205 " 22—American Municipal Ass'n., inviting the City offi- cials to attend A. M. A. Congress ............................ 215 " 22—Althaus Herbert E., granted Cigarette Permit ............ 229 " 22—Atlantic & Pacific Tea Co., granted Cigarette Permits 229 " 22—Apel Arthur, granted Cigarette Permit ...................... 230 INDEX — BOOK 94 1964 SUBJECT Page V " 22 --Apel Merlin, granted Cigarette Permit ...................... 230 " 22—Arvanitis George K., granted Cigarette Permit .......... 230 " 22—Arthofer .James F., granted Cigarette Permit ............ 230 " 22—Alba Cruso A., granted Cigarette Permit ................ 230 " 22—American Legion Post No. 6, granted Cigarette Per- mit.................................................................................. 231 " 22—American Legion Post No. 6, granted Class "B" Beer Permit............................................................................ 232 " 22—Amvets Post No. 3, granted Class "A" Liquor Permit 234 " 29—Airport, Dubuque Municipal, acceptance of Grant offer of the United States of America for the de- velopment of the Dubuque Municipal Airport ...... 236 " 29—Amvets Club, granted Cigarette Permit ...................... 237 July 6—Abing Merlin K., granted Cigarette Permit ................ 256 " 6—Ansel Fred. granted Cigarette Permit .......................... 256 " 6—Abing Merlin K., granted Class "C" Beer Permit ...... 257 " 6—American Legion, Dubuque Post No. 6, granted Class „C„ Liuor Permit ...................................................... 258 oh Aug. 3—Altman Jn R., sidewalk bond .................................... 271 3—Amvets Auxiliary, requesting permission to hold a tagday.......................................................................... 276 " 10—Agricultural and Horticultural applications for ex- emptions on parcels of land of ten acres or more 286 Sept. 8—Annexation, petition of Mettel Realty and Invest- ment Company to annex a strip of land along the .John F. Kennedy Road .............................................. 297, 325 " 8—Annexation of areas to the City of Dubuque recom- mended by the Planning & Zoning Commission.... 297, 298 " 30—Annexation of property located in the C. J. Bies Sub- division as requested by Dubuque Bible Church.... 324 Oct. 5—Avoca Street, installation of street lights ............ 333, 408, 418 " 5—Annexation Election requested by the City Man- ager, of an area west of the present City limits. 342, 344 " 5—Apel Merlin, granted Class "C" Beer Permit ............ 345 " 12—Airport Commission authorized to increase the Air- port appropriation in the amount of $14,505.00 .... 347 Nov. 2—ANNEXATION ELECTION to be held on December 15, 1964, to consider the annexation of unincor. porated territory to the City of Dubuque ........ 398, ........................ ... .......... ....................399, " 2—American Veterans of World War II, granted Class 475, 476 "B" Beer Permit........................................................ 404 " 2—Atlantic & Pacific Tea Co. Inc., granted Class "C" BeerPermit.................................................................. 404 " 16—Artistic Cleaners, requesting permission to excavate in the alley between Jones and First Streets ........ " 413 23—Airport Municipal, preliminary work to be com- menced as recommended by City Manager .......... " 418 23—Amendment of Allocation of Funds within the Gen- eral Fund, Street Fund, Public Safety Fund, Sani- tation Fund and Recreation Fund ......................... 421, 445 Dec. 7—Alba Cruso A., granted Class "C" Beer Permit ............ 454 71 INDEX — BOOK 94 1964 SUBJECT Page B Jan. 6—Bennett Arthur, presented with a memorial for his many years of service on the Park Board .............. 2, 12 " 6—Black & White, Yellow & Checker Cab, taxi -cab pol- icy................................................................................ 9 " 6—Brown William A., granted Cigarette Permit .............. 13 " 6—Bell Joseph E., granted Class "B" Beer Permit ........ 13 " 6—Brown William A., granted Class "B" Beer Permit.... 13 " 20—Bournias Louis Terry, granted Cigarette Permit ........ 16 21 Feb. 10—Brown Dorothy C., settlement of suit .......................... " 10—Blackmon Genevieve, claim denied .............................. 23 " 10—Budget Amended by increasing the General Fund, Street Road Use Tax Fund and Sanitation Fund.... 24, 43 " 10—Brandt George H., requesting the suspension of taxes on the S% of Lot 162 in East Dubuque Addition 24 " 10—Bassler A. C. requesting the erection of a street light at Chestnut & Walnut Streets, and complaining of the condition of the sidewalks ............................24, 37, 39 " 10—Burrows Albert et. al., objecting to Jacobson junk Mar. yard on Elm Street ...................................................... 2—Blum Max, requesting vacation and sale of the alley Elm Street 24, 38 north of the City Garage, between and railroad tracks and between 14th & 15th " Streets............................................................................ 2—Birkett, Maryel Mildred, granted Class "B" Beer Per- 44, 56 April mit................................................................................. 6—Board of Health, Regular Session .................................. 54 67 6—Besler Herbert H., Notice of Claim ................................ 71 " 6—Building Code Committee, recommending the amend ment of the Building Code to provide for require- ments for above ground tanks, embankments and dikes........................................................................... 6—Booth Street from the north property line of Dodge 72, 73 Street to the south property line of University Avenue, improvement with Bituminous Concrete Paving...............................................86, 138, 196, 312, 361 " 6—Burns Street from the north property line of Cleve- land Avenue to the end of existing curb and gut- ter 40' north of the north property line of Han- " cock Street.......................................86, 138, 196, 6—Burke Josephine Mrs., granted Cigarette Permit........ 312, 364 92 " " 6—Burke Josephine Mrs., granted Class "B" Beer Permit 6—Bisping Herbert F., granted Class "B" Beer Permit 92 92 " 6—Burgmaier John B., granted Class "B" Beer Permit Class "C" Liquor Per - 92 " 6—Burke Josephine Mrs., granted 93 " " .. mit ........................ ........................................................ 20—Burke William J., Claim denied .................................... 20—Beaves Richard, reappointed to the Heating, Ven- 105 tilating and Refrigeration Board .............................. 113 May 4—Burroughs Jerome P., requesting the grading of alley between Sullivan Street and Nightingale Street.... 150, 188 " 4—Bush Harriet, granted Class "B" Beer Permit ............ 1559 " June 18—Byrne John, sidewalk bond ............................................ 1—Birch Leonard A. et. al., requesting street lights on " KaneStreet.................................................................. 8—Bonds in the amount of $1,250,000 for the Locust 191. 216 Street Parking Ramp .................................................. 207 217 " " 22—Becker & Sons, sidewalk policy, .................................... 22—Blosch Carl, sidewalk bond ............................................ 217 " 22—Budget recommendation for the fiscal year 1965 sub- mitted by the City Manager ................................. I.... 219 " 22—Betz Elizabeth, Settlement of Claim .............................. 219 " 22 --Beach Grace, Claim denied ............................................ INDEX - ROOK 94 1964 SUBJECT Page 8 " " 22—Becker Robert L., granted Cigarette Permit .............. Permit 229 229 " 22—Bournias Louis Terry, granted Cigarette ........ 22 -Beecher John Richard Robert, granted Cigarette Per- mit.......... ... ... .................... 229 " 22—Beecher John, granted Cigarette Permit .................... 229 " 22—Brown William, granted Cigarette Permit .................. 229 " 22—Bush Harriet, granted Cigarette Permit ...................... 230 " 22—Brant Carl N., granted Cigarette Permit .................... 230 " " 22—Biederman Dean, granted Cigarette Permit ................ 230 230 " 22—Bahl Mary granted Cigarette Permit ............................ 22—Bell Joseph, granted Cigarette Permit .......................... 230 " 22—Bublitz William, granted Cigarette Permit .................. 230 " 22—Burke Josephine Mrs., granted Cigarette Permit........ 230 " 22—Burgmaier John B., granted Cigarette Permit .......... 230 " 22—Brammer's Inc., granted Cigarette Permit .................. 230 " 22—Bowen Robert, granted Cigarette Permit .................... 230 " 22—Bradley Clyde L., granted Cigarette Permit ................ 231 " 22—Bridge Marian J., granted Cigarette Permit ................ 232 " 22—Becker Robert L., granted Class "C" Beer Permit...... 232 " 22 --Bowen Robert J., granted Class "C" Liquor Permit.... 233 " 22—Brant Carl N., granted Class "C" Liquor Permit.......... 233 " 22—Bush Harriet, granted Class "C" Liquor Permit.......... 233 " 22—Burke Josephine A., granted Class "C" Liquor Per- mit.................................................................................. 234 " 29—Brayton Alan D., granted Cigarette Permit ................ 237 " 29—Bertsch Leonard P., granted Cigarette Permit .......... 237 " 29—Birkett Maryel M., granted Cigarette Permit .............. 237 " 29—Bisping Herbert, granted Cigarette Permit .................. 237 July 6—Bertsch Roger J., granted Cigarette Permit ................ 257 6—Bahl Mary, granted Class "B" Beer Permit ................ 257 " " 6—Bertsch Roger J., granted Class "C" Liquor Permit.... 258 6—Birkett Maryel Mildred, granted Class "C" Liquor " Permit............................................................................ 6—Benevolent and Protective Order of Elks No. 297, 258 " granted Class "A" liquor Permit ............................ 22—Budget Estimate Expenditures 258 of for the fiscal year beginning January 1, 1965 and ending December " 31, 1965 ............................. ......260, 267, 286. 22—Brown John E., appointed to the Heating, Ventilat- 288. 289 ' ing, Air -Conditioning and Refrigeration Board...... 22—Bauer Donald A., Settlement of Claim 262 " " ........................ 22—Boyes Milton S., Notice of Claim .................................. 264 265 22—Bisanz Albert A., requesting permission to excavate „ in Glen Oak Street ...................................................... 22—Bogas Gus, granted Cigarette Permit ............................ 22—Bush Earl, 266 268 reappointed to the Planning & Zoning Commission Aug. " ..................... 3—Bauer Charles, sidewalk bond ........................... ......... 3—Bechen Merlin, 269 271 " Claim denied ............................... 3—Beadle Plumbing & Heating Co., r r.mis. 273 " uestin e9 g permis• Sion to excavate in Garnet Street ............................ 3—Burgmaier John B., granted Class "C" Liquor Permit 276 392 � 284 0 INDEX — BOOK 94 1964 SUBJECT Page B G Sept. F 8—Buechel Louis, excavation policy .................................. 296. "B" 300 8—Bowen Robert J., granted Class Beer Permit........ 320 Oct. 5—Bock Michael J., sidewalk bond .................................... 331 { 5—Bradfield Edward G., Notice of Claim ........................ 332 " 5—Bublitz William Mrs., requesting refund on Cigarette Permit............................................................................ 334 " 12—Bowen Donald, objecting to the material and work- manship in the paving of Chestnut Street .............. 352 " 12—Biasi Nellie S., objecting to the paving of Rose Street.............................................................................. 352 " 12 --Butler Aubrey, Mr. & Mrs., objecting to the assess- ment for paving Chestnut Street .............................. 352 Nov. 2—Board of Health, Regular Session ................................ 389 " 2—Beecher John Joseph, granted Class "B" Beer Permit 404 " 2—Bertsch Roger J., granted Class "B" Beer Permit........ 404 " 16—Banfield Stella, Claim denied ........................................ 410 " 16—Budget Report of Tentative Street and Parking and Construction Report for the fiscal year 1965 ........ 415 " 23—Braun Rhea, Notice of Claim ........................................ 419 " 23—Budget Amended as originally approved by Resolu- tion No. 146-63 and Ordinance No. 1-64 ................. 457 Dec. 7—Bauer Albert and Mabel, condemnation proceedings instituted by the City Solicitor ................................ 453 " 7—Benevolent & Protective Order of Elks, granted Class "B" Beer Permit ........... ................. I ................. I........... 454 " 16—Board of Health, Special Session .................................. 4 " 28—Brown W. A., requesting refund on Cigarette Permit No. 6.............................................................................. 499 INDEX — BOOK 94 164 SUBJECT --- Page C .Ian. 6—City Council, Regular Session ......................................... I " 6--Chavenelle Gilbert D., appointed City Manager......... 2 " 6 --City Manager, advising Council of his appointment of offeers and employees of the City of Dubuque..... 3 " 6—City Manager, submitting resolution showing the de. tailed distribution of expenditures for the ensuing fiscalyear....................................................................... 4, 5 " 6—Councilproceedings for the months of July and Aug- ust 1983, approved as printed ..................................... 8 " 6--Chavenelle Gilbert D., bond . ........................................ 9 6—Chapin Construction Co., requesting cancellation of sidewalkbond............................................................. 10 " 6—Corbett Velma, requesting permission to excavate inLowell Street............................................................. 10 " 20—City Council, Special Session . ........................................ 15 " 20—City Manager, recommending that DeLeuw Cather & Company proceed with plans, specifications for the construction of a Parking Ramp. .... ................ ...... 15, 51, 59, 95, 97, 99, 115, 124, 152, 173, 207 Fc h. 3 --City Council Regular Session ......................................... " 10—City Council, Adjourned Regular Session 17 18 . ................ " 10—Corbett James, receiving special commendation for saving the life of a child ............................................. 18 " 10—Cherioli Ethel, submitting application for Library Board............................................................................... 19 " 10—Council proceedings for the month of September, October and November 1963, approved as printed. " Treasurer 20 10—City Auditor, and health Department, Annual Reports............................................................. 20, 38 " 10—City Manager, submitting report concerning the peti- tion of Hillcrest Builders Inc, regarding the instal- lation of storm sewer for Block 22 Key Knolls Sub. 20 10—City Auditor, City Treasurer, City Health Department and City Water Works, reports for the month of December 1963, as well as a list of claims for which warrants were issued ..................................... 20 " 10—Claims for the month of December 1963, proof of publication..................................................................... 20 " 10—Clover Hills Addition, completion and acceptance of an 84" Storm Sewer ................................................... 29 " 10—Catfish Creek Sanitary Sewer, preliminary plans, specifications for the construction of a twelve inch sanitary sewer commencing in Pennsylvania Av. enue.........................................29, 30, 56, 63, 64, " 10—City of Dubuque, grant of easement to Wayne R. R. McDonnell & Patricia 226. 339 McDonnell, Violet Mc- Donnell, Richard B. & Genevieve Wold, Glen & Martha McNamer, J. T. Shanahan, Edwin & Agnes Frith, Eva Olds Schneider & Mettel Realty & In. vestment Co., to travel upon, over and across Lot 1 Lot 52 Of of Burton's Add and Lot 2 of Lot 51 of Burton's Add................................................................. Mur. 2 --City Council, Regular Session 31, 32 .................. " 2—County-City Building, resolutions in....su....pport......of the 3g Dubuque County Citizens Advisoryy Committee on the County Building. -City ............ 35, 36, 58, 67, " 2—City Manager, recommending the installation of street 95, 119 lights at the intersections of the alleys between 1st and 2nd Streets between Bluff and Locust Streets............................................................................. 37 INDEX — BOOK 94 1964 SUBJECT C Page " 2—City Manager, recommending the installation of a street light at the corn(r of Ventura Drive and Pleasant View Drive ..................................................... 37 " 2—City Auditor, City Treasurer, City Health Department and City Water Works, reports for the month of January 1964, as well ai a list of claims for which warrants were issued . ................................................ 38 " 2—Claims for the month of January 1964, proof of publication..................................................................... 38 " 2—City Manager, submitting report concerning con- ditions at Jacobson Steel and Supply Co. junk yard, and reporting on the cleanup of Valley 38 Street . ....................... 2—City Manager, submitting report of condition of side- walk on Rose Street ..................................................... 9 " 2 --Council proceedings for the month of December 1963, approved as printed ........................... 39 " 2—Civil Service Commission, submitting report of en- trance examination for positions on the Fire De- partment......................................................................... 39 " 2—Churchill Rose, Settlement of Claim . ....................... 41 " 2—City Solicitor, submitting his opinion concerning the fact as to whether the Cultural Commission may accept the custody of the Hamm House......... 42 " 2—City Solicitor, submitting report of his investigation of allegation made by John J. Waltz concerning the payment of a bill by the Dock Commission. 42 " 2—Crescent Electric Supply Company, requesting the im- provement of Charter Street ......................... 44 " 2—Clark Oil & Refining Co., requesting refund on Cigar- ettePermit..................................................................... 45 " 2—Community Development Advisory Committee es- tablished......................................................................... 47. 48 " 2—City Manager, recommending that the Council pur- chase 7.943 acres of land from Northern Natural Gas Company for $45,000 .....................................48, 391, 427 " 2—Crane Leonard H., recommendation of the City Man- ager that Class "B" Beer Permit No, 71 be re- voked.................................................................49, 60, 66, 80 " 2—City of Dubuque, Iowa 1963 Street Finance Report..... 50 " 2—City Manager, recommending that the City sign a contract with the Iowa State Highway Commis- sion for the sale of 8.5 acres and grant an ease- ment to approximately 15.1 acres across land at the Municipal Airport . ................................52, 53, " Special Session 76, 77 56 16—City Council, ......................................... " 16—City Auditor, City Treasurer. City Water Department and City Health Department, reports for the month of February 1964, as well as a list of claims for which warrants were issued ................... 56 " 16—Claims for the month of February 1964, proof of publication. ............. ................................................... 56 " 16 --City Manager, recommending that the alley north of the City Garage be sold to Joseph H. Deckert as he is the abutting property owner on both sides...........................................................................56, 79. 151 " 16—Crozier Leta Mae, Notice of claim ................................. 58, 264 " 16—City Manager, recommending the vacation of a por- tion of Fast 10th Street east of Pine Street for use as a city garage and storage locution ..................... 59, i l "23—City Council, Special Session . ........................................ 66 INDEX - BOOK 94 1964 SUBJECT Page C April 8 -City Council, Regular session ...••.•••••••••••••••••••••• •••••• 67 " 6 -City Manager, recommending the installation of a 68 street light on Carroll Street ...................................... " 6 --City Manager, submitting Actuarial Report of the Fire Retirement Systems by Haight, Police and Davis and Haight, Inc . ............................................ 88 " 6 -City Manager, recommending that the City enter into an agreement for the coordination and control of Urban Transportation Planning in the Dubuque 69 area. .................................................. *11 6 -City Manager, recommending the installation of street lights on University Avenue .................................... 69 6 -City Manager, recommending the installation of street lights on White Street ................................................. " 6 -CITY OF DUBUQUE 1964 CONCRETE CURB & GUT- 70 TERPROJECT NO. 1 ................................................. ...................... 83, 133, 134, 135, 195, 308, 353 " 6-carier'koid Extension north from a point 600 feet north of Kane Street to the south property line of West 32nd Street, improvement with Concrete Curb and Gutter ......................... 83, 84, 135, 195, 308, 353 " 6 --CITY OF DUBUQUE 1964 BITUMINOUS CONCRETE PAVING PROJECT NO. 1 ......................................... ........ 85, 86, 136, 137, 138, 195, 196, 311, 312, 359 " 6 -Chestnut Street from the west property line of High- land Place to the east property line of Walnut Street, improvement with Bituminous Concrete Surfacing...................................86, 137, 138, 196, 312, 365 " 6 -CITY OF DUBUQUE 1964 HOT MIX -HOT LAID AS. PHALTIC CONCRETE PAVING PROJECT NO. 1. 88, 89, 141, 142, 143, 196, 408, 413, 414, 460, 474 " 6 -Carter Road Extenson north from a point 600 feet north of Kane Street to the south property line of West 32nd Street, improvement with Hot Mix - Hot Laid Asphaltic Concrete Paving ......................... ............................ 88, 89, 143, 196, 414, 460, 474 " 6 -Clarke Drive from the north property line of West Locust Street to the east property line of North Main Street, improvement with Hot Mix -Hot Laid Asphaltic Concrete Paving......................................... ....•.....,•............................. 88, 89, 143, 196, 414, 460, 474 " 6 -CITY OF DUBUQUE CONCRETE PAVING WITH INTEGRAL CURB PROJECT NO. 1 ........................ 90, 91, 145, 197, 402, 403, 447, 448 " 6 -Charter Street from the west property line of Main Street to the east property line of Salina Street improvement with Concrete Paving with Integra Curb.................................90, 91, 145, 197, 402, 403, 448 " 6 -Charter Street from the west propertyline of Main Street to the east property line ofSalinaStreet, improvement with Concrete Paving with Integral Curb.................................90, 91, 145, 197, 402, 403, 448 " 6 -Cunningham Gordon, granted Cigarette Permit......... 92 " 20 -City Council, Special Session ........................................... 95 " 20 -Chamber of Commerce, offering an option to the City of Dubuque to purchase their property located at the southwest corner of 9th & Locust Streets.............•..............•....................................... 95, 96 " 20-Carston Charles E., appreciation extended to the Fire Department for help given when his basement was flooded........................................................................... 101 INDEX — ROOK 94 1964 SUBJECT Page C " 20—City Manager, recommendation the installation of a street light on Chestnut Street ................................. 102 " 20—City Manager, requesting that the Building Commis- sioner and Building Code Committee look into the matter of requiring foam fire protection for tank .................................................................. installations.102 " 20—City Auditor, City Treasurer, City Health Depart- ment and City Water Works, reports for the month of March, as well as a list of claims for which warrants were issued . .................................... 102 " 20—Claims for the month of March 1964, proof of publication..................................................................... 103 " 20—City Manager, submitting report on request of High- way Commission for fire protection for the main- tenance garage at Highways No. 61 and 151.......... 103 " 20—Conlon Construction Company, sidewalk bond ............. 103, 159 " 20—City Manager, recommending the vacation of Mar- shall, Emerson and Stanton Streets from the east- erly property line of Garfield Avenue to the west- erly, property line of the first alley easterly of Garfield Avenue .....................................................103, 278, 279 " 20—Cahill C. J., requesting refund on duplicate purchase ofa dog license............................................................. 108 " 20—City of Dubuque, disposal of interest in and to Lot 1 of Block 8, River Front Sub. No. 3 and Lot 2 of River Front Sub. No. 4 to the Dubuque Packing Company upon certain terms and conditions......... 110, 126, 168, 191, 223 ............................................................ " 23—City Council, Special Session ......................................... 114 23—City Manager, recommending the institution of con- demnation proceedings to acquire property owned by Frank J. Roshek, which is needed for the 115 Municipal Parking Ramp ............................................. 119 " 27 --City Council, Special Session . ........................................ " OF DUBUQUE Articles of Incorpora- 27—COUNTY-CITY tion Of Authority for ,ppurposes of acquiring, con- for the structing a public building or buildings joint use of the County of Dubuque and City of Dubuque .......................119, 120, 189, 222, 263, 443, 444 " 27—Clemens William Sr., elected Commissioner to serve on the County -City of Dubuque Authority ............. 119, 158 " 27—City Manager, recommending that the City purchase Fuhrman property located at 9th & Central......... 127, 261 " 27—Chalder Carl, granted Class "C" Beer Permit ............. 129 131 May 4—City Council, Regular Session ......................................... 114—Clemens-Smith Construction, Inc., excavation policy. 148 4—Civil Service Commission, submitting report of en- trance examination for positions on the Police Department..................................................................... " 4—Civil Service Commission, submitting report of en- the Fire De 148 trance examination for positions on partment..................................................................... " 4--Cty Manager, submtting cost figures for the proposed 148 surfacing of an area of Industrial Park ................. Session 155 " 13—City Council, Special . ........................................ 158 " 13—City Council, Special Session . ..................................... " 18—Conlon Construction Company, sidewalk bond ............. 159 " 18 --City Auditor, City Treasurer, City Health Department and ('ity Water Works, reports for the month of April 1964, as well as a list of claims for which 159 warrants were issued . ................................................ �M INDEX - BOOK 94 — SUBJECT Page 1964 C " 18—Claims for the month of April, 1964, proof of publica 159 tion............................................................... ............. " of Registration, submitting a list of 18—Commissioner names of persons who will serve as Clerks of Elec- tion for the Primary Election on June 1, 1964, and have charge of the election register for each Pre- 159 cinct............................................. ................................... " 20—City Council, Adjourned Special Session.................... 173 .lune 1—City Council, Regular Session ......................................... " 1—City Manager, recommending the removal of in- 187 candescent street lights and the installation of lights on Dodge Street between mercury vapor Bluff and Grandview Avenue ..................................... 187 " 1—City Manager, recommending an informal letting for the construction of the Kerper Boulevard Sanitary Sewer Lift Station which was damaged by an auto mobile........................................................................ " 1—City Clerk, submitting a report of the results of the 188 "Civic Convenience Vote Registration Mobile 189 Unit.".............................................................................. " 1—Clover Hills Subdivision, approval of plat of Block 22 Lots 8 to 14. Block 23 Lots 16 to 30. Block 24 Lots 11 to 26, Block 25 Lots 5 to 8, Block 26 Lots 1 to 12, Block 27 Lots 1 to 7 inclusive. ... _ ..................... 198, 199 " 1—City of Dubuque Park Board, Surfacing of Parking Lots at Eagle Point Park, Ham House and sur- facing of road at Grandview Park ............................. 198 " 1—Chapman Milton E., granted Class "B" Beer Permit. 205 ................ " 8—City Council, Special Session . ........................................ 207 " 15—City Council, Adjourned Special Session ..................... 211 " 19—City Councl, Special Session . ........................................ 213 " 22—City Council, Special Session . ............................. 215 " 22—City Manager, recommending the installation of street lights in Key Knolls Sub ................................................. 215 " 22—City Manager, recommending the installation of a street light on Kane Street . .................................... 216 " 22—City Manager, recommending the installation of a street light on Isborn Avenue ..................................... 216 " 22—Curtis•Straub Company, excavation policy ..................... 217 " 22—City Manager, submitting report of survey on off- street parking on Dodge Street ................................. 217 " 22•—City Manager, recommending that the Park Board been funds from the Museum Acct. and Ree. reation-Parks for improvements abutting the Ham House............................................................................... 217 " 22—City Manager, submitting budget recommendation for the fiscal 1965 year ................................................. " 22—Crane Leonard H., requesting refund on Liquor 218 License No, C-2078 . ................................... 223 " 22—Cosley Harold A., granted Cigarette Permit ................. 229 " 22---Creslanes Bowling, Inc., granted Cigarette Permit..... " 22—Cremer 230 Ralph J., granted Cigarette Permit ................. " 22 Charles W., 230 --Callahan granted Cigarette Permit......... 230 " 22—Cahill Robert E., granted Cigarette Permit ................. 230 " 22—Clemens Mike, granted Cigarette Permit ..................... " 230 22—Costa Joseph, granted Cigarette Permit..................... 230 " 22—Canfield Hotel Inc., granted Cigarette Permit ............. " 230 22—Casey Harold A., granted Cigarette Permit ................. " 230 22—Corbett Earl H., granted Cigarette Permit ..................... 230 22—Crane Leonard H., granted Ci4arette Permit. .. 231 22—Chapnian Milton E., granted Cigarette Permit........... " 231 22—Caradeo Inc., granted Cigarette Permit . .................... 232 2 INDEX — BOOK 94 1964 SUBJECT Page C 22—Cosley Harold A., granted Class "B" Beer Permit..... 232 " 22—Canfield Hotel Inc., granted Class "B" Beer Permit. 232 " 22—Crane Leonard H., granted Class "B" Beer Permit. 232 " 22—Costa Joseph F., granted Class "C" Liquor Permit. 234 " 29—City Council, Special Session . .................................... 236 " 29—Cunningham Gordon, granted Cigarette Permit......... 236 July 6—City Council, Regular Session ......................................... 241 " 6—Chamber of Commerce, requesting permission to erect tourists trail signs ............................................. 241 " 6—City Auditor, City Treasurer, City Health Department and City Water Works, reports for the month of May 1964 as well as a list of claims for which war- rants were issued......................................................... 241 " 6—Claims for the month of May 1964, proof of publica- tion .............. .. .. .................................................... ........... 242 " 6—City Manager, relative to the State Tax Commission requesting that the City waive immunity from gar- nishment for collection of state taxes from city employees....................................................................... 242 " 6—City Manager, recommending the installation of street lights on Windsor Avenue ............................. 242 " 6—Creslanes Bowling Inc., granted Class "C" Liquor Permit............................................................................. 258 " 6—Canfield Hotel Inc., granted Class 'B" Liquor Permit. 258 " 22—City Council, Special Session . ........................................ 260 " 22—Carnegie Stout Library, submitting preliminary cost schedule for improvements ....................................... 260 " 22—City Manager recommending the sale of Lot 1A of Ham's Add'n. (vacated Emerson St.) ......................... 261 " 22—City of Dubuque, Agreement with the Iowa State Highway Commission, for maintenance of pri- mary road extensions within the City of Dubuque, Iowa................................................................................. 261 " 22—City Manager, requesting permission to attend City Manager's Conference . ................................... 262 " 22—City Manager, submitting report of audit of the City of Dubuque by O'Connor, Brooks, Ahrendt and Brooks for the fiscal year 1963 ................................. 263 " 22—City Auditor, City Treasurer, City Health Department and City Water Works, reports for the month of June 1964, as well as a list of claims for which warrants were issued . ................................................ 263 " 22—Claims for the month of June 1964, proof of publica- tion................................................................................... 263 " 22—City Manager, submitting report concerning the re- moval of horseshoe courts at Flora Park ............. 263 " 22—Costa Joseph F., granted Class "B" Ber Permit. .... 268 " 22—Chavenelle Gilbert D., reappointed to the Recreation Commission.................................................................. 269 " 22 --City Council, Regular Session ......................................... 271 Aug. 3—City Manager, relative to the forming of a Transporta- tion Planning Committee for the Dubuque area for future transportation planning and organization. 271 " 3—Civil Service Commission, submitting report of examination for positions as Public Health Nurse. 272 " 3 --Civil Service Commission, submitting report of examination for positions as Clerk -Stenographer 272 " 3—Chippewa Park Addition, approval of plat ................. 280 " 3—Creslanes Bowling Corp., granted Class "B" Beer Permit........................................................................... 283 10—City Council, Special Session ......................................... 286 1 INDEX — ROOK 94 1964 SUBJECT Page " 10—City Mana;er, recommending the installation of street lights on University Avenue and Prysi 286 Streets. ................................... " 10—City Manager, submitting a list of parcels of land within the City consisting of ten acres or more which would be eligible for agricultural & horti- cultural exemption.................................................... for the months of January, Feb- 286 " 10—Council proceedings ruary, March, April and May, approved as printed. Sept. 7—City Council, Regular Session ........................................ " 8—City Council, Adjourned Regular Session ..................... 297 292 " 8—Community Services Survey Committee, recom- mending the hiring of a full time staff member to the County City and United Fund ..................... a list of names of persons 292 " 8—City Manager, submitting to serve on the Executive Committee, Public Facilities, Neighborhood and Building Sub -Com. mittees of the Dubuque Community Development Advisory Committee .................................................... 292 " 8—City Manager, recommending that the buildings at 1250, 1252 and 1258 Washington Street be dis- mantled and the premises cleaned up . .............. 293 mantled 294 " 8—City Manager, recommending that the buildings located at 2555 Elm Street be dismantled and the premises cleaned up ................................................... 294 " 8—City Manager, recommending the transfer from General Special Assessment Fund to various special assessment funds which have a debit balance........................................................................... 295, 29ti " 8—City Auditor, Treasurer, Health Department and City Water Works, reports for the month of July 1964, as well as a list of claims for which warrants were issued............................................................................. 296 " 8—Claims for the month of July 1964, proof of pub- lication. 296 " 8—City Manager, recommending that Leo F. Frommelt be authorized to sign vouchers and routine papers in the absence of the City Manager . .................... 296 " 8—City of Dubuque, approval of plat of Sub of Lot 7 in Out Lot 688 and of Lot 8 in Out Lot 688 except the northerly 18.0 feet thereof . ............................ 318, 319 " 8—Cavanaugh John, granted Cigarette Permit ................. 319 " 8—Cavanaugh John, granted Class "B" Beer Permit..... 320 " 30—City Council, Special Session . ........................................ 322 " 30 --Civil Service Commission, submitting report of exam. ination for positions on the Police Department..... 322 " 30—City of Dubuque, quit claiming and conveying pro. Herald in perty to the Telegraph exchange of property of the Telegraph Herald . ........................ 323 " 30—Clarke College, granted Cigarette Permit . ................ 325 " 30—Cavanaugh John, granted Class "C" Liquor Permit..... 326 Oct. 5—City Council, Regular Session ....................... " 5—City Manager, submitting recommendations concern• ing the Southern Avenue Storm Sewer ................. 329 " 5—City Auditor, Treasurer, City Health Department and City Water Works, reports for the month of August, 1964, as well as a list of claims for which warrants were issued . ................................................ 330 " 5—City Manager, recommending the installation of street lights in Sunset Park on Meggan Street..... 330 " 5 ---City Manager, recommending the installation of street lights on Hickson Street ................................. 330 INDEX — BOOK 94 1964 SUBJECT Page C " 5—City Manager, recommending the approval of the installation of boulevard type lights with under- ground wiring in Sunset Park No. 2 Subdivision. 331, 334 5—City Manager, advising the Council of his appoint- Mr. Eugene Loetscher to the office ment of of City Treasurer............................................................. 331, 407 " 5—Cunningham Gordon, requesting refund on Cigarette PermitNo. 118............................................................ 334 " 5—City Manager, recommending that the City Council adopt a resolution authorizing an election to vote on Annexation of an area west of the present Citylimits..................................................................... 342, 344 " 12—City Council, Special Session ........................................... 347 " City Manager, recommending that the Airport Com- mission be authorized to increase the Airport appropriation in the amount of $14,505.00. ...... " to the final 347 12—Catholic Charities, objecting assessment for curb and gutter on Carter Road Extension....... 351, 459 Nov. 2—City Council, Regular Session . ........................................ 390 " 2—Commissioner of Registration, submitting a list of persons who will serve as Clerks of Election for the General Election to be held on November 3, 1964........................................................................... 390 " 2—Commissioner of Registration, submitting a report of the results of the outside registration that was held at the Post Office and four Fire Engine Houses........................................................................... 390 2—City Clerk, recommending that the Auditor issue a warrant in the amount of $200, payable to the Treasurer to cover a check of Mrs. Jacqueline H. McCarty that did not clear the bank due to insufficient funds . ...................................................... 390 2—City Auditor, City Treasurer, City Health Depart- ment and City Water Works, reports for the month of September, as well as a list of claims for which warrants were issued . ............................ 391 " 2—Claims for the month of September 1964, proof 391 ofpublication............................................................... " 2—City Manager, recommending installation of street lights on Marion Street ............................................. 391 2 --City Manager, reporting action taken concerning the storing of junk automobiles on private property. report concerning rubbish 391, 428 2 --City Manager, submitting and garbage collection and disposal, and of the alley condition of trash and garbage containers. 391 " 2 --City Manager, recommending the denial of petition of Loras Beadle requesting water service to Lot 68 in Linehan Park Addition. .. 392 393 2—Coleman Gertrude, Notice of Claim ................................. " 2 --Curtis Straub Co., requesting permission to excavate 395 inWest 3rd Street . .................................................... " 2—Community Development Advisory Committee, sub- mittng a progress report. 404 407 " 14—City Council, Special Session . ........................................ 408 " le—City Council, Special Session . ........................................ " 16 —City Manager, recommending installation of street 408, 418 light on Avoca Street ................................................. " 16—City Manager, recommending installation of street Bonson and Asbury Roads 408 light on ........................ " if —Council proceedings for the months of June, July and August 1964, approved as printed ........................... 408 INDEX — R(X)K 94 1964 SUBJECT — Page C 16-0ty Auditor, City Treasurer, City Health Depart• ment and City Water Department, reports for the month of October 1964, as well as a list of claims for which warrants were issued ...................... . , 1111...... 16—Claims for the month of October 1964, proof of pub- 409 lication. ......................................................................... 16 --City Engineer, advising the City Manager of proposed sidewalk for ,� „ program 1965 ..................... ...... 409, 16—City Planner, duties of the Planner explained to 429 the Council by the Planning & Zoning Commis- sion...................... . ........... ........................................... . " 16—City of Dubuque, Iowa 1965 Tentative Street and Parkin Budget and Construction Report . ............ 409 415 l6—City of Du�uque, Iowa, approval of restrictive agree- ment relative to the splitting of Lot 7 in Glenview Subdivision..................................................................... " 23--Cty Council, Special Session 415 ...................................... 23—City Manager, advising the Council of preliminary work on the Central Fire Station, Street Equip- 418 ment Garage and the Municipal Airport . ............ 418, 23—City Manager, recommending that the City enter into 429 an agreement with the Iowa Stale Highway Com• mission for the sale of approximately 0.16 acres of „ right of way along U.S. No. 52 .............................420, 427, 3(�—City Council, Special Session " 479 . ...................... 30—City Manager, directed, authorized and empowered to fix the rates and charges 424 and establish the hours for parking in the Municipal Parking Garage......... Dec. 7 --City Council, 425 Regular Session. " 7—Commissioner of Registration, submitting list 427 a of names of persons to serve as Clerks of The Elec- tion, December 15, 1964 .................. 7—City Manager, recommending installation of street „ lights on Mayfair Court and Southern 427 Avenue..... 7—City Manager, recommending the appointing of one Of the Councilmen to serve 428 on a Committee to pre- pare the Articles of Agreement for the Regional Planning Commission, and notifying The County Zoning Commission of the City's willingness to Participate . ............1111... .1111.......... 7—Conlon Construction Co., cancellation 420. bond ....................... of blasting 7—COUNTY-CITY OF DUB.......... . UQUE AUTHORl"T"', 442 advising the City Council and the Board of Supervisors of their selection of a site for the construction of the CountyCity Building ................................. .............. 443, 444 I INDEX - BOOK 94 1964 SUBJECT Page 7—City Solicitor, advising the Council that the. acquisi- tion of all property but one piece has been secured for the Playground arca in Kelly Subdivision be- tween Caledonia and Wilson Avenue, and further recommending that the remaining property be secured by right of eminent domain ........................ 452 " 16—City Council, Special Session . ........................................ 456 16—Crimmins Linda. Notice of Claim . ...................... 16—City Manager, submitting letters and information from the Iowa State Iiighway Department concern- ing the changing of the speed limit on Highway No. 20 and Plaza 20 . ........................................458, 489, 500 " 16—Cunningham Rev. W., reappointed to the Human Rela- tions Commission . ........................................................ 483 " 28—City Council, Special Session . ........................................ 484 28—Council proceedings for the month of September 1964, approved as printed. ........................................ 485 28—Claims for the month of November 1964, proof of publication..................................................................... 486 " 28 --Continental Grain Co., offer to purchase 1.91 acres situated on the west shore of the 7th Street Har- bor.486 .................................................................................. " 28—City Solicitor, submitting his opinion covering con- flict of interest as applies to the Urban Renewal Law................................................................................. 501 INDEX - BOOR 94 1964 SUBJECT Page D Jan. 6—Dubuque Bank & Trust Company, appointed official 3, 60 depository of public funds ......................................... " 6—Donath Otto, requesting a reason for his dismissal from city employment . .............................................. 8, 20 6—Donath Otto, submitting a statement to the City for using their land for drainage purposes. 8, 14, 20, 60, 192 " 6—Duschen Alvina, Notice of Claim ................................... 10 " 6—Dubmeyer Andrew, Notice of Suit ................................. 10 " 6—Dillon Ann, requesting refund on Cigarette Permit No. 127......................................................................... 11 6—Duggan Regina, by John Duggan Trustee, applica- tion for annexation of approximately 42.78 acres off the North Cascade Road ..................................... 11, 21 " 6—Delaney John M., granted Cigarette Permit ................. 13 " 20—DeLuew Cather & Company, Consulting Engineers to proceed with detailed plans, specifications for the construction of a Parking Ramp . .................... 15, 51. 59, 95, 97, 99, 115, 124, 152, 173, 207 Feb. 10—Daylight Saving Time, to be observed from June 7. 1964 until September 6, 1964 . ............................25, 117. 300 " 10—Dubuque Community School District, joining the petition of Westchester Inc. for annexation to the City of Dubuque ................................................... 26, 27 Mar. 2—Dubuque County -City Building, resolutions of various civic and charitable institutions in support of the Dubuque County Citizens Advisory Com- mittee...........................................................35, 36, 56 " 2—Decatur Street, vacation recommended by the Plan- ning & Zoning Commission...........I................... I..... 40 " 2—D. A. V. Club, requesting refund on Liquor Permit. 45 " 2—Dubuque County Municipal League, submitting resolution to establish a Dubuque County Zoning Commission................................................................... 46 " 2—Dubuque Community Development Advisory Com- mittee, establishment of committee and setting out the duties and term of office . ........................ 47, 48 " 16—Deckert Joseph H., recommendation of the City Manager that the vacated portion of the alley north of the City Garage be sold to abutting property owner.....................................56, 57, 79, 150, 151 " 16—De Molay Week, requesting permission to clean wind- shields in the downtown area . ................................ 60 " 16—Deutsch Florance, granted Class "B" Beer Permit. 64 April 6—Dilworth Herbert E., relative to the enforcement of sidewalk ordinance..................................................... 68 " 6—Daugherty Delbert, granted Cigarette Permit ............. 92 " 6—Daugherty Delbert, granted Class "B" Beer Permit. 92 " 6—Dubuque Baseball Inc., granted Class "B" Beer Permit........................................................................... 93 " 6—Daugherty Delbert, granted Class "C" Liquor Permit. 93 " 6—Deininger George, reappointed to the Board of Zoning Adjustment..................................................... 94 " 6—Daugherty W. J., appointed to the Airport Zoning Commission................................................................... 94 " 20—Dubuque Blacktop Co., requesting permission to connect to sewer and water in Garnet Street. 108 " 20—Daughters of the Union Veterans Mary Agard Tent No. 35, requesting permission to hold a tag day 108, 286 t INDEX - BOOK 94 1964 SUBJECT Page 7.1 " 20—Dubuque Packing Company, disposal by the City of interest in and to Lot 1 of Block 8, River Front Sub. No. 3 and Lot 2 of River Front Sub. No. 4, upon certain terms and conditions ......................... 110, 126, 168, 191, 223 " 27—Delaney John N., requesting refund on Class 'B" Beer Permit No. 145 ..................................................... 127 May 4—Deppe Edward A., et al., objecting to the improve- ment of Farragut Street ............................................. 131 " 4—Dubuque Plumbing & Heating Co., exvacation policy. 148 " 4—Dubuque Summer Festival, requesting permission to have a fireworks display ............................................. 150 " 4—Dubuque Sports Bowl, Inc., granted Class "B" Beer Permit............................................................................. 154 " 4—Dubuque Metal Trades Council Club, granted Class .,B ' Beer Permit......................................................... 154 " 13—Dubuque Federation of Labor, requesting permission to operate a Voter Registration Mobile Unit in theCity........................................................................... 156. 189 " 18—Dubuque Sports Bowl, requesting permission to have a fireworks display . .................................................... 164 " 18—Disabled American Veterans Fighting Back Chapter No. 6, requesting permission to hold a tog day..... " 164 18—Dubuque Summer Festival appealing to the City Council for financial help for the surfacing of a parking lot on the Industrial Island . .................... 165, 205 June 1—Dodge Street, installation of street lights recom- mended by the City Manager . .................... " in 187 1—Dunphy Robert, Certificate of Attendance Civil Defense Adult Education . ........................................ 188 " 1—Duggan Arthur Mrs., granted Cigarette Permit......... 204 " 1—Duggan Arthur Mrs., granted Class "B" Beer Permit. " 1—Dubuque Golf and Country Club, granted Class "B" 205 BeerPermit................................................................. 205 " 22—Donath Otto R. & Ellen E., Notice of Suit ................. 221 " 22—Dubuque Golf & Country Club, requesting permission to have fireworks display . ........................................ 222 " 22—Donath Patricia Ann, granted Cigarette Permit......... 230 " 22—Dubuque Boat Club, granted Cigarette Permit......... 230 " 22 --Dubuque Golf & Country Club, granted Cigarette Permit........................................................................... 230 " 22—Dubuque Packing Company, granted Cigarette Permit........................................................................... 230 " 22—Dunbar Otto J., granted Cigarette Permit ................. 230 " 22—Dubuque Metal Trades Council Club, granted Cigar- ettePermit................................................................... " 22—Driscoll Willard J., granted Cigarette Permit ............. 230 231 " 22—Dunbar Linnie, granted Cigarette Permit . ................ 231 " 22—Deutsch Florance, granted Cigarette Permit. ........... " Cigarette Permit. 231 291 22 --Daugherty Delbert, granted ........ " 22—Donath Patricia Ann, granted Class "B" Beer Permit. 232 " 22—Driscoll Willard J., granted Class "B" Beer Permit. 292 " 22—Dunbar Otto J., granted Class "C" Beer Permit......... 232 " 22—Dubuque Golf & Country Club, granted Class "A" LiquorPermit............................................................. " 29—Donovan Melville L., granted Cigarette Permit......... 234 237 " 29—Duggan Arthur Mrs., granted Cigarette Permit......... 237 July 6—Dilger Mary, Notice of Claim ......................................... " 6—Dubuque Screw Products Inc., requesting permission 243, 393 to construct a loading dock . .................................... " 6—Danglemeyer C., requesting refund on heating permit 249, 265 249 " 6—Delaney Milton, granted Cigarette Permit . ................ 256 INDEX — BOOK 94 1964 SUBJECT Page D " 6—D. A. V. Club, granted Cigarette Permit ..................... 2,56 " 6—Diener Loraine, granted Cigarette Permit . ................ 257 " 6—Delaney Milton John, granted Class "B" Beer Permit. 257 " 6—Delaney Milton John, granted Class "C" Liquor Permit........................................................................... 258 " 6—Dubuque Metal Trades Council Club, granted Class "A„ Liquor Permit . ....................................................258 " 22—Dalzell Mary Mrs., reappointed to he Recreation Commission.................................................................. 269 Aug. 3—Dubuque County Historical Society, approval of the removal of the Log Cabin to the Ham House property................................................................................. 271 " 3—Duschen Alvin, Claim denied ........................................ 273 " 3—Dubuque Bible Church, requesting annexation of property on Pennsylvania Ave . ........................276, 297, 324 " 3—Dubuque Insulation & Siding Co., requesting per- mission to install a marquee at the Freund Pharmacy....................................................................... 276, 286 " 3—Donath Patricia, granted Class "C" Liquor Permit. 284 Sept. 8—Donath Otto, notifying the City that they are filling in all five of their lots on Marmora Street ............. 292 " 8—Dubuque Sports Bowl, requesting refund on Class "B" Beer Permit No. 51 ............................................. 301 it 8—Delaney Milton J., requesting refund on Class "B" Beer Permit No. 90 . ................................................ 302 " 8—Delaney Milton J., requesting refund on Cigarette Permit No. 265 . ........................................................ 302 " 30—Dunbar Otto J., requesting refund on Cigarette Per. mitNo. 112................................................................... 323 Oct. 5—Dubuque Federation of Labor, requesting that various registration locations for voting be estab- lished throughout the City . ...................................... 329, 350 " 5—Dubuque Baseball Inc., requesting refund on Class "B" Beer Permit No. 44 ............................................. 334 " 5—Dock Board Commission, recommending that Janlin Plastics be granted an option for the acquisition Of one acre of land in Industrial Park ................. 341, 396 " 5—Disabled American Veterans Club Inc., granted Class „B„ Beer Permit . ................. . .............................. 345 " 12—Dubuque Federation of Labor, opposing the opera- tion of parking meters later than 6:00 o'clock P.M. 347 Nov. 2—Dubuque Insulation & Siding Co., requesting per- mission to erect a marquee at 1031-1033 Main Street............................................................................. 394 " 2 --Democratic Clubs of Iowa (Young) requesting per- mission to hold a darade ana sell tickets in the downtown area . .................. . .... .......................... 394 " 23—Duggan Arthur Mrs., requesting refund on Cigarette Permit No. 232 .................................... ..................... . 420 " 23—Duggan Arthur Mrs., requesting refund on Class "B" Beer Permit No. 65 .................... 30—Dock Board Commission, recommending the sale of approximately 1.34 acres of Lot 2 of Chemical Subdivision to Mutual Wheel Company .................. Dec. 16—Dubuque County Abstract & Title Company, request - 424 te in Central and1on Iowaoand Seventh and Eighth Streets " 458 28—Douglas Jacob P., Notice Of Claim ................................ 487 INDEX — ROOK 94 1964 SUBJECT Page E Jan. 6—Erschen Paul, claim denied ............................................. 9 Feb. 10—Easement of the City of Dubuque to Wayne R. & Pa- tricia McDonnell, Richard B. & Genevieve Wold et. al., to travel upon over, and across Lot 1 of Lot 52 of Burton's Addition and Lot 2 of Lot 51 of Burton's Addition .................................................. 31 Mar. 2—Emerson Street, vacation recommended by the Plan- ning & Zoning Commission ........................40, 103, 247, 304 " 2—Erschen Alice H., granted Class "B" Beer Permit...... 54 " 2—Eagle Food Centers, Inc., granted Class "C" Beer Permit............................................................................ 54 " 16—Ellsworth Theodora R., settlement of suit .................. 57 April 6—Eleventh Street (West) from the east property line of Grove Terrace to the west property line of Lot 13 of Caine's Subdivision, improvement with Bituminous Concrete Paving ..........86, 138, 196, 312, 366 " 20—Emerson Street, vacation recommended by the City Manager........................................................................ 103, 247 May 4—Edwards Construction Co., sidewalk bond .................. 148 June 1—Eagle Food Centers, Inc., granted Class "C" Beer Per- mits............................................................................ " 22—Eagle Food Centers, Inc., granted Cigarette Permits 205 229 " 22—Evarts Gene, granted Cigarette Permit ........................ 231 " 22 --Evans J. Russell, granted Cigarette Permit ................ 231 " 22—Erschen Alice Mrs., granted Cigarette Permit ............ 231 " 22—Eagles Club, granted Cigarette Permit ........................ 281 " 22—Ellis Victorina, granted Cigarette Permit .................... 232 " 22—Elks Club, granted Cigarette Permit ............................ 232 " 22—Evarts Gene, granted Class "C" Beer Permit .............. 232 " 22—Evans Russell, granted Class "C" Liquor Permit ....... 233 " 22—Erschen Alice, granted Class "C" Liquor Permit........ 234 " 29—Eichhorn Lester and Marie, granted Cigarette Per- mit.................................................................................. 237 Oct. 5—Electrical Code Committee, submitting a proposed Electrical Code for consideration and adoption 333, 394, 434 ...................................................................332, " 5—Electrical Examining Board established to ovide for the Examination and Registration of Electri- cal Contractors, Journeyman Electricians and Maintenance Electricians, and the collection of fees..........................................................................333, 394, 431 5—Evans Joseph Russell, granted Class "B" Beer Permit 345 Nov. 2—Election to be held on December 15, 1964, to vote on the proposition of annexing unincorporated territory to the City of Dubuque ............ 398, 399, 475, 476 Dec. 16—Everman Clayton M., Notice of Claim .......................... 456 INDEX — HOOK 94 1964 SUBJECT Page V Jan. 6—Frommelt Leo F., appointed City Clerk ...................... 2 09 6—First National Bank, appointed official depository of public funds.................................................................. 3 It 20—Fraternal Order of Orioles, Nest, #E11, requesting re- fund on Class "B" Beer Permit ................................ 15 Feb. 10—Frommelt Andrew G., power of attorney ...................... 19 It 10—Frith Edwin & Agnes, grant of easement .................... 31 Mar. 2—Finance Report, Street Finance Report for the fiscal year1963...................................................................... 50 " 2—Fischer Bowling Lanes Club, granted Class "B" Beer Permit............................................................................ 54 " 2—Fecker Anthony Louis, granted Class "C" Beer Per- mit.................................................................................. 54 April 6—Farragut Street, improvement with Concrete Curb and Gutter from the alley west of Rhomberg Avenue to the alley east of Rhomberg Avenue ....................................................83, 84. 133, 134 " 6—Farragut Street, improvement with Bituminous Con- crete Paving from the alley west of Rhomberg Avenue to the alley east of Rhomberg Avenue...... 86, 137 " 6—Foye Street from the north property line of Clarke Drive to the south property line of Lowell Street. improvement with Bituminous Concrete Paving ........................86, 138, 196, 312, 368 " 20—Flynn Coal Company, sidewalk bond ............................ 103 " 20—Frommelt Industries Inc., requesting permission to lease a tract of land adjoining their property on HuffStreet.................................................................... 109 " 20—Fourth Street Storm Sewer, preliminary estimate and approval of plans, specifications, form of con- tract for the construction of a storm sewer from the existing sewer between Third and Fourth " Streets ..........................................................111, 112, 27—Fuhrman Clothing Store, recommendation of the City 169. 307 Manager that the City purchase proptery located at Ninth Street and Central Avenue ......................... 127, 361 May 4—Fondell & Sons, Inc., excavation policy ......................... 148 June 1—Frazier Julia, Notice of Claim ......................................... 191 " 1—Frey David Anthony, granted Class "B" Beer Permit. 205 " 22—Farr Clara K. & Willard M., requesting the Council to maintain the north side of Highway No. 20, ' adjoining their property at Dodge and Lombard. 22—Frank & Don's Sinclair Service, 223 granted Permit......... 22—,Fecker A. L., granted Cigarette Permit. ....................229 22—Felderman LaVerne, 229 „ granted Cigarette Per......... 22—Finley Hospital, Sunshine Circle, 229 granted Cigarette Permit. " ...................................................... 22—Fenelon Ken, granted Cigarette Permit. ....................229 22—Ferring Theodore J., 230 granted Cigarette Permit......... 22—Fettgather Ramona M., granted Cigarette Permit..... 230 " 22—Fenelon William G., granted Cigarette Permit ............. 22—Friedman Roberti. 230 " " granted Cigarette Permit......... 22—Fleckenstein Ray, granted Cigarette Permit 231 . .............. 22—Finch Alford F., granted Cigarette Permit ................. 22—Falkenhainer Clarence P., 231 231 " granted Cigarette Permit. 22—Freund Robert A., granted Cigarette Permit 231 ............. 22—Fink Milton F., granted Cigarette Permit . ................ 22—Fischer Bowling Lanes, 231 231 granted Cigarette Permit..... 22—Fraternal Order of Eagles, Aerie 231 No. 568, granted Class "B" Beer Permit ................ 232 INDEX — BOOK 94 1984 SUBJECT Page F " 22—Fettgather Ramona M., granted Class "C" Liquor Permit............................................................................. 233 " 22—Fraternal Order of Eagles, Aerie No. 568, granted Class "A" Liquor Permit. ........................................ 294 " 22 -Fleckenstein Clem, granted Cigarette Permit ............ 237 " 29—Fischer Bowling Lanes Club, granted Class "C" LiquorPermit . .............................................................1 289 July 6—Frey David A., requesting refund on Class "B" Beer PermitNo. 59............................................................... 250 Aug. 3—Fischer & Company Inc., excavation policy ................. 271 3—Fern Bert, on behalf of Carol Fern, Notice of Claim. 274, 411 " 3—First Church of the Nazarene, requesting removal of streetlight..................................................................... 276 " 3—Fettgather Ramona M., granted •Class "B" Beer Permit......................................................................... 283 Sept. 8—Frommelt Leo F., authorized to sign routine .papers on behalf of the City in absence of the City Manager......................................................................... 296 " 8—Francois Mary, Notice of Claim . .................................. 298 " 8—Ferring Theodore J., granted Class "B" Beer Permit. 320 " 8—Friedman Leona R., granted Class "B" Beer Permit. 320 " 30—Francois Mary, Notice of Suit . ................................... 322, 411 Oct. 5—Frommelt George, sidewalk bond ................................. 331 " 5—Fleckenstein Clement R., granted Class "B" Beer Per- mit................................................................................... 345 " 12—Fondell Andrew & Sons, requesting permission to excavate in Delhi Street and the alley between Iowa & Central and 11th & 12th Streets ................. 350 Nov. 23—Fire Station, preliminary work to be commenced on Station 418, 429 " the Central Fire ............................................. 23—Fondell & Sons, Inc., requesting permission to ex- cavate in Garfield Ave .............................................. 420 Dec. 7—Fire Prevention Code, the adoption of a code is urged by the Dubuque Codes Committee ......................... 487, 441 " 7—Felderman LaVerne George, granted Class "C" Beer Permit............................................................................. 454 " " 16—Flynn Coal Company Blasting bond ............................. the Human Rela- 456, 498 16—Forrest Brendan, reappointed to tions Commission ........................................................... 483 " 28—Fairway Drive, installation of a street light ................. 485 INDEX — ROOK 94 1964 SUBJECT G Mar. 2 --Gross William D. et al., requesting preference in the purchase of part of Marshall Street ................. " 2—Geiser Grace, Notice of Claim . .................................... " 2—Groff Edith M., Notice of Claim ..................................... " 16—Guler William & Lucille, requesting permission to excavate in Mineral Street ......................................... April 6—Galloway Laura, Notice of Claim ..................................... 6—Grove Terrace from the north property line of Ar- lington Street to the north property line of Wil- bur Street, improvement with Bituminous Con- cretePaving.................................................86, 139, " 20—Goerdt Merl, excavation policy . .. ............................... I.. 20—GI nn John F., granted Cigarette Permit ..................... 27—Galliart Harold C., Notice of Claim ........................ May 4—Gantert Harry N., granted Class 193" Beer Permit. June 1--Grutz Clarence, sidewalk policy ..................................... 1—Groff Edith, Notice of Claim ......................................... " 1 --Gardner Ediel, requesting streetlight in 1200 block on IsbornStreet................................................................. " 1 --Glynn Beverly, granted Cigarette Permit ..................... " 1—Giunta Marco, granted Class "B" Beer Permit ............. 22—Gavin Marianne L. Notice of Claim ............................. " 22 --Green Acres Subdivision Picnic Group, requesting permission to have fireworks display... " 22 --Glynn Beverly, granted Cigarette Permit ..................... " 22 --Gordon Lorraine, granted Cigarette Permit ................. 22—Grant Raphael W., granted Cigarette Permit ............. 22—Giunta Marco, granted Cigarette Permit ..................... 22—Goetz Donald R., granted Cigarette Permit. ...... ... " 22—Gantert Harry, granted Cigarette Permit ..................... " 22—Glynn John F., granted Cigarette Permit ..................... " 22—Glynn Beverly, granted Class "C" Liquor Permit..... 22 --Gordon Lorraine, granted Class "C" Liquor Permit. " 22—Gantert Harry N., granted Class "C" Liquor Permit. July 6—Gatton Ellwood J., granted Cigarette Permit. ........ " 6—Grass Leo, granted Class "B" Beer Permit ................. " "atton Ellwood J., granted Class "C" Liquor Permit. " 22—Gross William D. & Pauline L., offer to purchase part of vacated Marshall St . ................................... I ............ " 22—Grass Leo B., granted Cigarette Permit ..................... 22—Glab Frank, reappointed to the Planning & Zoning Commission..................................................................... " 22—cuter Lawrence, reappointed to the Recreation Com- mission........................................................................... Aug. 3 --Galton Ellwood J., granted Class "B" Beer Permit. Sept. 8—Gatton Ellwood J., sidewalk bond ................................. " 8--Goerdt Excavating, sidewalk bond ................................. " 8—Grutz Leo P., Notice of Claim ...................... ................... 30—Grass Leo B., granted Class "C" Liquor Permit......... Nov. 2 --Grant Raphael W., granted Class "B' Beer Permit..... " 2 --Grant Raphael W., granted Class "C" Liquor Permit. " I"uler & Sons, sidewalk bond .................................. 23—Garage, preliminary work to be commenced for the Street Equipment Garage . ........................................ Dec. 7—Gruber Anna E., Notice of Claim ..................................... " 7--Goedert Melvin and Ann, granted Cigarette Permit. 7—Gordon Lorraine, granted Class "B" Beer Permit..... " 7—Goerdt Melvin and Ann, granted Class "B" Beer Permit. ................................................ . ........................... Page 40, 302 41, 219 41 60 70 312, 127, 191, 220, 369 103 113 219 154 187 191 216 204 205 430 222 230 230 230 231 231 231 231 233 234 234 256 257 258 260, 278 288 269 269 283 296 297 298 326 404 405 408 418 431 453 454 454 INDEX — BOOK 94 1964 SUBJECT Page H Jan. 6—Horgan Robert J., elected Mayor for the ensuing fis- calyear........................................................................... 1 8 " 6—Hogan M. P., Power of Attorney ................................... 6—Haudenshield Adele Leiser, Notice of Claim ................. 10, 322 Feb. 10—Hillcrest Builders Inc., petition regarding the installa- for Block 22 tion of the storm sewer necessary Key Knolls Sub. referred to City Manager ............. 20 " 10—Hubert H. Theresa, petition requesting vacation of Ruth Street denied . .................................................... 21 22 " 10—Howes Ann, settlement of claim . ................................ " 10—Healy Evelyn B., Notice of Claim ..................................... 23 " 10—Huston Bernice, Notice of Claim ..................................... 23 " 10—Hartmann Leon L., requesting street light on Ven- 249 37 tura & Pleasant View ................................................. " 10—Henry John, requesting refund on Cigarette Permit " No. 72............................................................................. 10—Hillcrest Builders, Inc., approving the general loca- 25 tion of the proposed Catfish Creek Sanitary Sewer. 30 " " 10—Hagge Clarence J. Jr., granted Class "B" Beer Permit. Class "B" Beer 32 10—Hillard Joseph & Bernice, granted " Permit. ...................................................................... 10—Heiderscheit John J., granted Class "C" Beer Permit. 32 32 " 10—Holscher Robert G., appointed to the Library Board. "B" 33 54 Mar. " 2 --Henkel Alma, granted Class Beer Permit ............. 2—Hall John F., granted Class "B" Beer Permit ............. 54 " " 16—Healy Evelyn B., settlement of claim . ........................ 16—Holiday Restaurant, granted Class "B" Beer Permit 58 64 April 6—Haight, Davis and Haight, Inc., Actuarial Report of Fire Retirement Systems for the the Police and fiscal year endin* December 31, 1963 . ................ 68 " 6—Heiden Leo, requesting refund on Class "B" Beer 74 " PermitNo. 139............................................................. 6—Heiden Leo, requesting refund on Cigarette Permit " No. 84............................................................................. 20—Humke Maurice, sidewalk bond ..................................... 74 103 " 20—Hanten Cyril, sidewalk bond ............................................. 103 105 " " 20—Heinricy Julius, Claim denied ..................................... ... 20—Heiden Leo, requesting refund on Liquor Permit No. " C-2078............................................................................. 20—Hahn Stanley, requesting a peddler's license without 108 May fee................................................................................... 4—Heitzman Construction Co., excavation policy. ........ 108 148 148 " " 4—Hillcrest Builders Inc., sidewalk bond ......................... 4—Haupert Clarence, requesting refund on Class "B" " Beer Permit No. 130 ..................................................... 18—Harris Leo N., Notice of Claim ..................................... 150 160, 220 June 1—Hillcrest Builders Inc., requesting street lights in 192, 215 Key Knolls Subdivision . ............................................ "B" " 1—Hough Lucille, requesting refund on Class Beer " PermitNo. 115............................................................... 1—Hafeman Leonard A., granted Class "C" Beer Permit. 199 205 " " 22—Hansen John Robert, Notice of Claim . .................... 22—Haas Gary Lee Notice of Claim ...................................... 220, 242 220, 392 " 22—Hutchinson Robert, requesting refund on dog license. 223 " 22 --Herberger Carl M., granted Cigarette Permit ............. 229 229 " " 22--Hagggge Clarence J., granted Cigarette Permit. ........ 22—Heiderscheit John J., granted Cigarette Permit......... 229 " 22—Hunt George R., granted Cigarette Permit ................. 229 " " 22—Hames Dorrance, granted Cigarette Permit ................. 22—Hartig Drug Company, granted Cigarette Permits..... 230 231 " " 22--Hafeman Helen M., granted Cigarette Permit ............. 22—Healey Clifford, granted Cigarette Permit .................. 231 231 1 INDEX — BOOK 94 1 SUBJECT Page M " " 22-11ough Richard. granted Cigarette Permit . ................ 22—Helling Anthony, granted Cigarette Permit. ...... I .... . Cigarette Permit. .. 231 232 232 " 22—Holiday Inn Motel, granted 22—Hillard Joseph P. & Bernice, granted Cigarette 232 " Permit............................................................................. 22—Hall John F., granted Cigarette Permit . .................... R., Class "B" Beer Permit. 232 232 " 22—Hough Richard granted 22—Herberger Florence F., granted Class "C" Liquor " Permit............................................................................ 22 --Hillard Joseph P. & Bernice M., granted Class "C 234 " LiquorPermit............................................................... 29—Hantlemann Robert, granted Cigarette Permit ............. 234 237 " 29—Hancock William F., granted Cigarette Permit. ........ 237 237 " 29—Henkel Alma, granted Cigarette Permit . ............... 237 " 29—Hemmer John P., granted Cigarette Permit . ............ "B" 238 " 29—Hemmer John P., granted Class Beer Permit..... "C" 239 " 29—Henkel Alma, granted Class Liquor Permit......... 265, 410 July 22—Herting Edward J., Notice of Claim . ............................ 273 Aug. 3—Haudenshield Adele Mrs., Claim denied . ................ 3—Ham's Addition, Lot 1A, offer to dispose of interest tohighest bidder......................................................... 279 " 10—Hovind Carol C., Notice of Claim ................................. 287 Sept. 8—Hartman Construction Co., sidewalk bond . ................ 296 " 8—Hinz Construction Co., sidewalk bond ......................... 296 " 8—Hickson Street, requests for the installation of street lights............................................................................... 301, 330 " e- 8—Hammer David, Attorney for Mary Bauman estate, re- questing refund on an Auctioneer's license. .., ......... questing 301 8 --Hemmer John requesting refund on Class „B„ Permit No86................................ 301 " 8—Hemmer John P., requesting refund on Cigarette PermitNo. 238............................................................. 301 " " B—Heliing Joseph, granted Cigarette Permit . ................ "B" 319 8—Herburger Florence Brede, granted Class Beer Permit............................................................................. 320 " 8—Helling Joseph P., granted Class "B" Beer Permit. 320 " 30—Haudenshield Adele L., Notice of Suit .......................... 322 INDEX — BOOK 94 1964 SUBJECT Page H " 30—Hartzmann Harold Nathan et al., petitioning for par- tition for the sale of premises at 1189 and 1191 BluffStreet.................................................................. 322 Oct. 5—Harrison & Rippel, offering their services as golf course architects......................................................... 329 " 5—Hames Dorrance, granted Class "B" Beer Permit..... 345 " 12—Hirth Beatrice, objecting to the levy on Bituminous Paving on Chestnut Street .......................... 351 " 12--Helling Anthony & Bette, granted Class "B" Beer Permit............................................................................. 386 " 12—Helling Anthony & Bette granted Class "C" Liquor Permit............................................................................. 387 Nov. 2—Humke Maurice E., petition for water service in Garnet Street denied . ................................................ 392 " 2—Heidenreich William F. et al., relative to the splittng of Lot 7 in Glenview Subdivision . ........................ 395. 415 " 2—Hickey David L. granted Class "B" Beer Permit......... " 2—Heitzman Alfred G., appointed Treasurer of the City 404 ofDubuque.................................................................. 407 Dec. 7—H & B Communications, Corporation TV Cable, per- formance bond............................................................. 428 " 7—Holz Edgar J. Mr. & Mrs., requesting street lights on Mayfair and Southern Avenue ............................. 428 " 7—Holy Ghost School, requesting permission to use West 30th Street from Central to Lemon Street, for playground purposes ............................................. " 7—Hall John F., granted Class "C" Liquor Permit......... 442 455 " 7—Heitzman Alfred George, bond ...................................... 456 " 16—Halburton Louise Mrs., reappointed to the Human Relations Commission . ................................................ 483 INDEX — BOOK 94 1964 SUBJECT Page — Mar. 2—Iowa State Grotto Ass'n., requesting permission to 45 hold a parade .......................... .. 2—Iowa State Highway Commission, contract with the City of Dubuque for the purchase of 8.5 acres and for an easement to approximately 15.1 acres........ ............ 52, 53. ....ive 76, 7? April ..................................................... 6—hwa.State.Highway.......Commssion.... , relat.to the City fire protection to the State Garage lo- providing cated on Primary Roads 61 and 151 ......................... 74, 103 " 6—Indiana Avenue from the east property line of Born Avenue to the west property line of Missouri Av- enue, improvement with Bituminous Concrete 139, 196, 312, 370 June Paving.................................................86, 22—Iowa Commission for the Blind, Post Office Bldg., July granted Cigarette Permit . ........................................ 6—Iowa State Tax Commission, relative to the collection 232 of delinquent taxes from City employees ............. 242 " 22—Iowa State Highway Commission, agreement with the City of Dubuque for the maintenance of primary road extensions within the City of Dubuque, Iowa. 261 Sept. 8—Iowa State Department. of Health, relative to a com- plaint filed by residents in the 1400 Block of Southern Avenue. ....................................................... 292 Oct. 5—Iowa State Department of Health, relative to a com- plaint concerning conditions existing at 520 Kauf- mannAvenue................................................................. 329 " 5—Ibinger T. Robert, conveyance of Lot 1 of Lot 2 of Block 8, River Front Sub. No. 3 in return for the conveyance of Lot 2 of Lot 2 of Lot 1 of Block 8, River Front Subdivision No. 3 ............................. 341, 396 Nov, 2—Iowa State Department of Health, issuing permit for Hawkeye Trailer Court owned by Raymond J. Papin............................................................................... 389 " 23—Iowa State Highway Commssion, Agreement with the City of Dubuque, Iowa, to purchase outright 0.16 acres of right of way along U.S. Highway No. 52...............................................................................420, 427, 479 Dec. 28—Iowa State Department of Health, issuing permit for mobile home to Donald Knapp ....................... 484 " 28—Industrial Bureau, recommending the sale of 1.91 acres of land situated on the west shore of the 7th Street Harbor ......................................................... 486 INDEX - BOOK 94 1964 SUBJECT Page i Feb. 10—,Tones Delbert Edward, granted Cigarette Permit......... 32, 237 11 10—Jones Delbert, granted Class "B" Beer Permit......... 32 Mar. 2—Jacobson Steel & Supply Co., report of the City Man- ager concerning existing conditions at the junk yard on Elm Street ....................................................... 38 " 2—.Jasper Rosella, objecting to the vacation and sale of MarshallStreet............................................................. 40 April 6 --Jones John, excavation Policy . .................................... 68 " 6—Julien Motor Hotel, granted Class "B" Liquor Permit. 93 1—Julien Dubuque Summer Carnival Inc., granted Class .lune .,B„ Beer Permit. ........................................................ 205, 249 " 1—.Julien Dubuque Summer Carnival Inc., $10,000 set aside from the Rafferty Fund for purposes of purchasing materials for the parking area on 206 Industrial Island.......................................................... " 19—Julien Dubuque Summer Carnival Inc., granted Cigar- ettePermit..................................................................... 213 " 19—Julien Dubuque Summer Carnival Inc., granted Class .,C„ Liquor Permit . ............................... I ........ I........... 213, 276 " 22—Julien Motor Inn, granted Cigarette Permit ................. 231 " 22—Jewell Dorothy At., granted Cigarette Permit ............. 232 " 29—Julien Dubuque Gulf Service, granted Cigarette Permit............................................................................. 237 July 22—Jasper Donald Mrs., offer to purchase part of vacated MarshallStreet............................................................. 260, 278 Aug. 3 --Julien Hotel, granted Class "B" Beer Permit. ........ 283 Oct. 5—Janlin Plastics Company, conveyance of Lot 1 of Lot 2 of Block 8, River Front Sub. No. 3 in return for the coveyance of Lot t of Lot 2 of Lot 1 of Block 8, River Front Subdivision No. 3 . .......................... 341, 396 Dec. 7—Junk-Cars, report of survey concerning the storage of old automobiles on private property in the City. 428 7—tenni Edward, requesting street light in Fairway Drive............................................................................... 442, 485 " 7—Jewell Dorothy M., granted Class "B" Beer Permit. 454 " 7—Jewell Dorothy M. granted Class "C" Liquor Permit. 454 " 28—Jones John, excavation policy ......................................... 486 INDEX — BOOK 94 SUBJECT -- Page 1984 K Jan. 6—Kean Mayor, thanking all for their cooperation over a brief report of the past year and submitting the 1963 .................... • I accomplishments for year . Feb. 10—Kenline Robert, submitting resignation from the 18 Dubuque Library Board. ............................................ City with tape recording of " 10—K D T H, presenting dedication of Bissell Harbor........... ]9 " 10—Kaiser Vincent J., name submitted by Dubuque Labor for position on the Dock Federation of 2U .. Commission. ................................................................ Claim 23, 104 " 10—Kessler L. F., Notice of ......................................... " 10—Kuehn Archie T., requesting a restricted plumber's license........................................................................... " 10—Kress Bernice E., requesting refund on Cigarette 24 25 PermitNo. 224............................................................. " 10—Kenniker Guy, granted Cigarette Permit ..................... 32 Permit granted., f Dock 32 " 10—Kaiser Vincent appointed to the B and o Commissioners............................................................. 33 Mar. 2 --Kennedy Road, changing the name of Old Timers 44 Road to John F. Kennedy Road . ........................... 2 --Kennedy Alvy, requesting refund on Cigarette 45 PermitNo. 291 .......................................................... . " 2—Kennedy Alvy, requesting refund on Claae "B" Beer Permit...........................................................................45 April 6—Kluck & Son, sidewalk bond ............................................ 68 6—Kolck William R., requesting refund on a dog license. 74 " 6—King Street from the east property line of Fulton Street to the west property line of Broadway, improvement with Curb and Gutter ..........83, 84, 195, 308. 354 ......................................................................135, " 6—Kennedy Road, John F., from the south property line of Asbury Street to the north property line of Pennsylvania Avenue, improvement with Con. crete Curb and Gutter.................................83, 84, 133, 134 " 6—King Street, from the east property line of Fulton St. to the west property line of Broadway Street, improvement with Bituminous Concrete Paving.... ............................................................ 86, 139, 196, 312, 372 " 6—Kennedy Road, John F., from the south property line of Asbury Street to the north property line of Pennsylvania Avenue, improvement with Hot Mix -Hot Laid Asphaltic Concrete Paving ............. 88, 89, 142 " 6—Kerper Boulevard from the south property line of 16th Street to the south property line of 12th Street, improvement with Concrete Paving with Integral Curb . ..........................90, 91, 146, 197, 402, 408 " 20—Kopp Lyle, sidewalk bond.............................................103 — " 20Kinney Elsia, Notice of Claim ......................................... 106, 243 " 20—Kerper Boulevard, established and named ................. 106 " 27—Kleinschrodt Robert L., Notice of Claim . ................ 127, 190 " 27—Kurtz Floyd F., granted Cigarette Permit . ................ 129 " 27—Kurtz Floyd F., granted Class "B" Beer Permit......,.. 129 May 4—Kolck Richard et. al., objecting to the improvement of Grove Terrace......................................................... 131 " 4—Kieffer Herbert et. al., objecting to the improvement of Arlington Street................................I.................... 131 " 4—Kaiser Joseph B., et. al., objecting to the improve. ment Grove Terrace 131 of and West Twelfth Street. " 18—Kifer Margaret L., Settlement of Claim ......................... 160 " 18—Kisting Andrew J., et. al., objecting to the proposed rezoning on St. Anne's Drive . ................................ 164 INDEX — BOOK 94 1964 SUBJECT Page K June 1—Kelly Lillian Ruth, requesting refund on Class "B" 193 " " Beer Permit No. 107 .................................................. 1—Knights of Columbus, granted Class "B" Beer Permit. Permit 205 229 22—Knoll Walter W., granted Cigarette ................. " 22—Kenniker Guy, granted Cigarette Permit ..................... 229 " 22—Knights of Columbus, granted Cigarette Permit. .... 229 " 22 --Kress Hubert, granted Cigarette Permit ..................... 229 " 22—Kurtz Floyd, granted Cigarette Permit . .................... 231 231 22—Kratz Raymond A., granted Cigarette Permit ............. " 22—Kachevas James, granted Cigarette Permit ................. 231 " 22—Kunz William, granted Cigarette Permit ..................... 231 " 22--Kanavas Theodore G., granted Cigarette Permit......... 231 " 22--Krajnovich Elizabeth, granted Cigarette Permit......... 231 " 22—K -Mart, granted Cigarette Permit ................................. 231 " 22—Karigan Frank, granted Cigarette Permit ..................... 231 " 22--Kopple Harry, granted Cigarette Permit ..................... 231 " 22--Kissell Archie G., granted Cigarette Permit ................. 232 " 22—Krajnovich Elizabeth, granted Class `B" Beer Permit. 232 " 22—Kanavas Theodore G., granted Class `B" Beer Permit. 232 " 22—Krajnovich Elizabeth, granted Class "C" Liquor Per- " mit................................................................................. 22—Kenniker Guy G., granted Class "C" Liquor Permit. 234 234 " 29—Kelly Darlene R., granted Cigarette Permit ................. 237 " 29—Kehl Robert J., granted Cigarette Permit ................. 238 July " 6—Kling O. Knox, Power of attorney ................................. Robert J. & Maxine 241 6—Kieffer Henry J. & Genevieve A., F. Shireman, offer of portion of Lot 1 of 3 of Orchard Hills Subdivision to the City of Dubu- Aug. queIowa....................................................................... 3—Kunz William M., granted Class `B" Beer Permit..... 253, 254 283 1110—Kelly Linda S., Notice of Claim ..................................... 287, 412 Sept. 8—Koerperick Edwin J., sidewalk bond ............................. 297 298 " 8—Koenecke Helen, Notice of Claim ................................. " 8—Kohl Francis T., granted Cigarette Permit ................. 319 " 8—Kohl Francis T., granted Class `B" Beer Permit......... 320 " 8—Knoll Walter W., granted Class "C" Beer Permit..... 320 " 30—Keuter Delbert C., granted Cigarette Permit ............. 325 " 30—Keuter Delbert C., granted Class "C" Beer Permit..... "C" 326 345 Oct. 5—Kopple Harry, granted Class Beer Permit. ....... to the on " 12—Kiefer Herbert, objecting assessment 351 Chestnut Street for Bituminous Paving ................. " 12—Kohl Francis T., granted Class "C" Liquor Permit... 387 Nov. 16—Key Apartments Inc., requesting permission to exca- vate at the intersection of Angella and West " LocustStreets............................................................... 16—Koerperick Edward J., requesting release of cash 412 bond covering improvements in Forest View Sub- division........................................................................... 413, 485 Dec. 7—Kane John R., requesting permission to excavate in 442 " West 5th Street. ... 28—Kane Mark R., a resolution of appreciation and extension of sadness at his passing ......................... 500 INDEX — BOOK 94 - - — ---- -- SUBJECT 1964 - Jan. 6—Ludwig Richard, sworn in as councilman ...... .4 .......... Carl, offer to purchase Lot 146A in 1 " 6—Launspach 12 28 Finley's Addition. ... .............................. 2—Lammers Marc., claim denied ......................................... 38 Mar. 2—Luber John, sidewalk • bone.... . ............................ ities on " 2—League attend a legislativealconference in Des Moines, 39 Iowa........................................................................... ... 2--Luchsinger Joe G.'Settlement of Suit .................... on a doq 41 2—Livens Joel Mrs.• requesting a refund 45 license ............................................................................. 2—Love Kenneth Jerome, granted Class "B•' Beer Permit, 54 April 6--Loras College, requesting the vacation and conveyance Catherine street lying between Lots 35 & 36 in of Yates Sub. and Henion & Bairds Sub. ..75, 126. r Permit 149, 193 " Be 6—Love Donald M., granted Class B e •..••• 6—Lundeen Walter, reappointed to the Police & Fire Pension and Retirement Board . ............................ 20—Lynch Lester M., desire to purchase a 100' alley locat. ed between Solon and Langworthy Avenue .......... 20—Link, nexat Joseph hof their propertyowest ofethestCity an- nexation Dubuque................................ .... . " 20—Lagen Louis J., reappointed to the Civil Service Com- mission.................................................... " 27—Lott Herman, elected Commissoner to serve on the County -City of Dubuque Authority . ................ 4—Latham Ernest E., granted Class "C" Beer Permit. May " 4—Lynn Melvin C., granted Class "C" Beer Permit......... " 18—League of Iowa Municipalites, extending information to attend a meeting on Low -Rent Public Housing inDes Moines, Iowa . .................................................. June 1—La Crosse Dredging Corporation, blasting policies..... 1—Lynch William, Certificate of Attendance in Civil De- fense Adult Education ................................................. " 22 --Latham Ernest, granted Cigarette Permit ................... " 22r—Lilly Thomas, granted Cigarette Permit . ................... " 22—Love Donald M., granted Cigarette Permit ................. " 22--Ludescher John J., granted Cigarette Permit ............. " 22 --Lynn Melvin C., granted Cigarette Permit . ............ " 22 --Love Kenneth J., granted Cigarette Permit. .......... " 22—Luchsinger Ray and Angeline, granted Cigarette Permit............................................................................. " 22--Langas Philip T., granted Cigarette Permit . ............ " 22 --Lampe Cy, granted Cigarette Permit . ........................ 22r—Love Donald M., granted Class "C" Liquor Permit..... " 29—Lanser Helen, granted Cigarette Permit . .................... " 29—Laury Anna K. & Joseph Lenger, granted Cigarette Permit............................................................................. " 29—Loras College, granted Cigarette Permit ..................... July 6—League of Iowa Municipalities, relative to Mayor's Court and handling of local courts.... ..................... " 6—Leitch Starr, Power of attorney ..................................... 6—Love Kenneth Jerome, granted Class "C" Liquor Permit............................................................................ " 22—Leitner Raymond, offer to purchase Lot 2A Hain's Add'n. (vacated Stanton St.) . ...........................260, " 22---Loras College, requesting excavation permit . ............ Sept. 8—Lucas Howard F., granted Cigarette Permit. ........... 8—Lanser Helen, granted Class "B" Beer Permit. .. " 8—Lucas Howard F., granted Class "B" Beer Permit, 94 108 188, 242 113 119 154 154 279, 158 187 188 229 229 229 229 230 230 231 231 231 233 237 237 238 241 241 258 303 266 319 320 320 INDEX — BOOK 94 1964 SUBJECT Page 7 Oct. 5—League of Iowa Municipalites, requesting observance of "Iowa Industry Month." ........................................ 329 " 5—Loetscher Eugene A., selected by the City Manager for the office of Treasurer of the City of Dubuque. 331, 407 " 12—Loras College, requesting permission to erect a ban- ner across Main Street . ............................................ 349 Nov. 2—Linehan & Molo Inc. & Anthony Helling, conveyance of Lot 1 of Lot 2 of City Lot 725 in the City of Dubuque, Iowa, subject to easements for sanitary and storm sewers, by the City of Dubuque ............. " 16—Lahey Mary Mrs., Settlement of claim ......................... " 16—Lil' Giant Food Stores, granted Cigarette Permit. " 16—Lil' Giant Food Stores, granted Class "C" Beer 397 411 416 Permit............................................................................. " 23—Loetscher Dick, requesting that improvements be 416 made on Enid and Alpha Streets ............................. Dec. 7—Liquor Sales Profit Fund, $14,000.00 transferred to the Municipal Enterprise Library Fund ................. 419 445 INDEX — BOOK 94 1964 SUBJECT Page Mc Jan. 6—McCaughey Samuel Scott, claim denied. 9 " 6—McCraney's 1st Addition, Lot 1 of Lot 9, City to dis 27 pose of interest............................................................. 12. 21 Feb. 10—McCarten Plumbing & Heating, excavation policy..... " 10—McDonnell Wayne R. & Patricia L., grant of easement. 31 " 10—McNamer Glen E. &Martha, grant of easement......... 31 Mar. 2—McLaughlin Raymond, granted Class "B" Beer Permit. 54 April 6—McNamara Earl J., granted Class "C" Beer Permit. 92 May 4—McDermott M. G., objecting to the improvement of 131 UniversityAvenue ...................................................... June 22 --McLaughlin Raymond, granted Cigarette Permit. .... 230 -- " 22--McNamer Noah, granted Cigarette Permit ................. 230 " 22 --McCauley Howard, granted Cigarette Permit_ ........ 231 " 22—McGeough Joseph R., granted Cigarette Permit......... 231 " 22—McCarty Marcella, granted Cigarette Permt. ............ 231 " 22—McNamara Earl J., granted Cigarette Permit. ........ 231 22—McLaughlin Raymond, granted Class "C" Liquor 2.44 Permit. ....................................................................... . " 29—McMahon Cecil, granted Cigarette Permit . ..... ......... 237 " 29—McMahon Cecil, granted Class "B" Beer Permit......... 238 " 29—McNamer Noah, granted Class 'B" Beer Permit. .... 238 " 29—McCarty Marcella, granted Class "C" Liquor Permit. 239 July 6—McMahon Cecil J., granted Class "C" Liquor Permit. 258 22--McAleece Gerald, reappointed to the Recreation Com- mission........................................................................... 269 Aug. 3--McGeough Joseph R., Granted Class "B" Beer Permit. 283 Sept. 30—McCarty Jacqueline Helen, granted Class "B" Beer Permit............................................................................. 326 Oct. 12—McNamara R. J. et al., requesting annexation of prop- erty................................................................................. 350 Nov. 2—McCarty Marcella, granted Class "B" Beer Permit. 404 Dec. 7—McGeough Joseph R., requesting refund on Cigarette Permit No. 154............................................................. 442 " 7—McGeough Joseph R., requesting refund on Class "B" Permit No. 97................................................................. 442 " 16—McCarten Plumbing & Heating, excavation policy..... 456 INDEX — BOOK 94 1964 SUBJECT Page M Jan. 6—Meyers William L., claim denied ................................... 9 " 6—May C. J. Jr., requesting dedication of an access in the 800 road located off Kaufmann Avenue 11 " block............................................................................... 6—Moore's Mill, address by Mr. Edward G. Maas, re- minding the Council of the gentleman's agree- the proposed project . ................ 14 " ment concerning 20—March of Dimes, requesting permission to solicit 15 Feb. funds............................................................................. 10—Mettel Realty & Investment Co., grant of easement... 31 " " 10—Miller Jack R., granted Cigarette Permit ..................... 10—Miller Fay, granted Class "B" Beer Permit . ............ 32 32 " 10—Mellon Maurice H., granted Class "B" Beer Permit. 32 Mar. 2—Mai Mel C., submitting resignation as a member of 39 " Human Rights Commission . ...................................... 2—Marshall Street, vacation recommended by Planning & Zoning Commission.................................40, 103,248, 302 41 " ' 2—Mohr Martha, Notice of Claim . .................................... 2—Municipal Court, appoint the American Trust & Savings Bank as official depository of public 46. 47 " funds............................................................................. 2—Manning Terrance J., granted Cigarette Permit......... 54 54 " 2—Miller Ione Mrs., granted Class "B" Beer Permit..... April 6—Manahl Clark E., release of sidewalk bond ................. 6—Marycrest Subdivision, approval of plat of Block 4 of 74 " Marycrest Subdivision 2 . ......................................... 20—Marshall Street, vacation recommended by City 7? " Manager. ........................... ............................ . 20—Multiple Sclerosis Society, requesting permission to 103, 248 108 " conduct a house to house canvass ......................... 27—Merchants Mutual Bonding Co., submitting a cer- tificate of authority ..................................................... 127 May 4—Miller Delbert, requesting permit to excavate in 150 GlendaleCourt............................................................. 4—Midwest Developers Inc., requesting annexation of 150, 165, 200 " property south of Pennsylvania Avenue . ........ yer Vernon Leo, granted Class `B" Beer Permit. 153 " 18—Ma crest Subdivision No. 2, approval of plat of Lots 1 through 4, Block 1, Lots 17 through 29, Block 2, Lots 1 through 13, Block 3 and Lot A ................. 165 June " 22—Miller Frank E. and Delbert, sidewalk policy .:........... 22—Midwest Developers Inc., requesting rezoning of 217 property on the east side of John F. Kennedy Lihofl tOfaLots 222 " 1 22 ---Midwest De elopRoafrom erse Inc., afamilppy valto Plat 1 through 8 Block 2, through 9 Block 1, Lots 1 through 7 and Lots 11 through 17 Block 3, Lots Lots 1 through 7 Block 4 in West Side Manor 224, 225 Subdivision.......................................................... Cigarette Permit ..................... 229 " " 22 --Meyer Vernon, granted 22 --Miller Carl E., granted Cigarette Permit ..................... John F. Tench, granted 229 " 22--Mescher Vincent W. & 230 " CigarettePermit ......................................................... ...................................... 22—Martin Oil Company, granted Cigarette Permit. .... Ey arette 1Permit. 230 " " 22—Myers Russell granted ranted Cigarette 22—Mercy Hospital Gift Shop, B1 Permit. 230 " " 22—Miller Jay, granted Cigarette . Richard, granted Cigarette Permit......... 231 " 22—Manternach 22—Mellon Maurice Ii., granted Cigarette Permit ............. 31 231 " 22—Miller neragrantented dgarette C gareterPermit. .................••• 22—M 231 1W r INDEX — Ii'X1T~ ' 4 1954 SUBJECT Pa,e M 22—Myer3 Russell E. grans+ Class -C" liquor Permit. 234 " 29 --Manning Terrance l., granted C>>arette Permit... 2 43 July 6—Moe!? Romer F.. 'Notice of Claim. _. _. ___._.M 244. 393 393 *' 6 ---]serer Louis J_ Notice of Claim _ ___. ----.. Cigarette Permit- .._-- .. 256 6—Mardauss Thelma, granted 256 6—]Miller Earl, granted Cigarette Permit. ....... _.. 236 6—Mohr John E., granted Cigarette Permit. _�. �_.. � " 6—Miller John E.. granted Cigarette Permit. .._..._ �... 257 57 " " 6—Stiller Earl C-. granted Class "B" Beer Permit __ __ - F,-34eyer Vernon L. granted Class "C' liquor Permit _ 357 6—Hiller Fay E., granted Class "C" liquor Permit..___ 258 " 6—Sleitl Cyril, granted Class "C" Liquor Permit- __.w 258 " 6—Stiller Ione. granted Class "C" Liquor Permit. __ 25�9 22—Miller Della t. Notice of Claim Sept. 8—Magnall Richard. sidewalk bowl. .. " P,—Slettel Realty k Investment Co, r --sting the an- nexation of a strip of land along the John F. Kennedy Road. .. _.......... �- 3—Montr_rest Street Sanitary Sewer, from existing sanitary seller in Hempstead Street. then west- erly through Lot 74 of part of Mechanic's Ad- dition, thence westerly in Montcrest Street to the east property line of Woodworth Street. ... ....30'9. 310, 337. 397. 478 " _.._...--.......-.-......_._........ 8�—Neitl Cyril r., granted Class_.._ "B"_._B..eer Permit........ 320 34—Whm Mark David. Notice of Suit. ........................ 322 " 30 --Mt, St. Bernard Seminary, Inc., granted Cigarette Permit............................................_.........._......._... -... 325 Uel. 5--Meggan Street, installation of street lighta recom- mended by the City Manager . ........................... 330. " 5 --Moore Pervin B., Notice of Claim- ............ .... ......_... 332 i—Mescher A. Nr-_., et. al., requesting sidewalks in the area from Chaney Road to Wablert High School. 334 .5 --Mueller Alfred M-. ,granted Cigarette Permit. 344 &--Mueller Alfred M.. granted Class -B- Beer Permit. .. 345 " 5—Miller Earl C-, granted Class "C" liquor Permit. 346 " " 12—Marian Street, request for additional street lights 349 12 --Muscular Dystrophy Association, requesting per- mission to install cannisters in business estab- lishments and to canvass for funds . .... ............ 349 Nov. 2—Marion Street. installation of street lights recom- mended by City Manager. ... ....... I ............................ 391 2—Myers Russell E., granted Class "B" Beer Permit..... 404 " 30-3iutual Wheel Company, offer to purchase Lot 2 of Chemical Subdivision in the City of Dubuque, Iowa containing approximately 1.34 acres. ....... 424. 449 30—Stiller Frank E., requesting permission to excavate in Wilbricht Lane . .................................................... 425 Dec. 7—Mueller Don, reappointed to the Board of Dock Com- om- missioners missioners..................................................................... 427 16—Mettel Link Addition, approval of plat of Blocks 1, 2, 3, 4, 5 and 6. ...... ............................................. 480 INDEX - ROOK 1964 SUBJECT Page N Jan. 6—Nachtman Irvin, requesting refund on Cigarette Per- mitNo. 229..................................................................... 11 " 6—Nachtman Irvin, requesting refund on Class "B" Beer PermitNo. 58............................................................. 11 " 6—Noel June M., granted Class "B" Beer Permit ............. 13 Feb. 10—Nagelmaker Carl, granted Class "B" Beer Permit..... 32 " 10—National Tea Company, granted Class "C" Beer Permit............................................................................. 32 Mar. 2—Northern Natural Gas Company, offer to sell 7.943 acres of land to the City of Dubuque for $45,000. .................................................................................... 48, 391, 427 April 6—Northwestern Bell Telephone Co., requesting excava- tionpermit..................................................................... 75 May 4—Ney Raymond, granted Cigarette Permit ..................... 153 " 4—Ney Raymond, granted Class "B" Beer Permit ............. 154 " 4—Ney Raymond, granted Class "C" Liquor Permit. 154 June 22—National Food Store, granted Cigarette Permits. .... 229 " 22—Noel John E., granted Cigarette Permit ..................... 230 " 22—Ney Albert J., granted Cigarette Permit ..................... 231 " 22—Navy Club, granted Cigarette Permit ............................. 231 " 22—Neumeister John, granted Cigarette Permit . ............ 231 " 22—Ney Raymond, granted Cigarette Permit ..................... 231 " " 22—Nagelmaker Carl, granted Cigarette Permit . ............ 22—Ney Clarence, granted Cigarette Permit ...................... 231 232 " 22—Navy Club of Dubuque, Ship No. 67, granted Class 'B" Beer Permit ......................................................... 232 " 22—Noel June M., granted Class "C" Liquor Permit......... 239 " 22—Ney Albert J., granted Class "C" Liquor Permit......... 294 July 6—Navy Club, Ship 67, granted Class "C" Liquor Permit. 258 Aug. 3--Ney Albert J., granted Class "B" Beer Permit ............. 283 Oct. 5—Nauman Cletus M., requesting a separation of assess- ment of curb and gutter and Bituminous paving in the proposed Nauman's Subdivision . .................... 334, 460 " 5—National Tea Company, granted Class "C" Beer Permit............................................................................. 345 " 12—Northwestern Bell Telephone Company, requesting excavation permit ......................................................... 350 Dec. 28—Northridge Drive, installation of boulevard type streetLight..................................................................... 486 INDEX — BOOK 94 SUBJECT Page 1964 — O Jan. 6—Ordinance No. 1.64. An Ordinance Allocating and making appropriations of tax levies and other sources of revenue to the expenditures for City Government in the City of Dubuque, for the fiscal year beginning January 1, 1964 and ending Decem• 5 " ter31, 1964. ................. ................................................. 6—Olson William Holt, granted Class "B" Beer Permit. 13 Feb. 10—Ordinance No. 2-64. An Ordinance Amending the Bud - $et as approved by Resolution No. 146.63 and Ord- inanceNo. 1-64............................................................. 24, 43 Mar. 2—O'Connor, Brooks, Ahrendt and Brooks, audit of the Cit p of Dubuque Water Department for the year ending December 31, 1963 ......................................... 38 " 2—Ordinance No. 3-64. An Ordinance changing the Name of Old Timers Road Extension which lies within the City Limits to John F. Kennedy Road. 44 " 2—O'Neill Fuel & Heating Co., requesting rezoning of Woodlawn Park Addition . ........................................ 44 " 1"hnesorge Mark, Notice of Claim ................................. 58. 243 " 16—Ordinance No. 4.64. An Ordinance Vacating Lot "A" of Lorimers Subdivision in the City of Dubuque, Iowa............................................................................... 59 April 6—Ordinance No. 5.64. An Ordinance Vacating East Tenth Street lying between the east property line of Pine Street and the west property line of Lot 1 of Lot 2 of Lot 2 of Lot 1 in Fractional Congres- sional Lot 8 in Section 19, Township 89, Range 2 East of 5th P.M. to be hereafter known and de. scribed as Lot "A" of Vacated East Tenth Street and Lot 'B" of vacated East Tenth Street. ........ 71 " 6—Ordinance No. 6.64. An Ordinance Amending the Building Code of the City of Dubuque, Iowa, by repealing Section 2406 thereof and enacting a new Section 2406 in lieu thereof containing general provisons pertaining to requirement for above ground tanks, embankments and dikes ................. 72 " 6—Ordinance No. 7.64. An Ordinance Amending the Building Code of the City of Dubuque, Iowa by Repealing sub -section 2 of Section 902 thereof and enacting a new subsection 2 of Section 902 in lieu thereof............................................................................. 73 " 6—Ordinance No. 8.64. An Ordinance vacating the alley north of the City Garage to 15th Street and lying in the Block between Elm and Pine Streets herein. after to be known and described as Lot 187 "A" in East Dubuque an addition in the City of Du. buque, Iowa................................................................... 78 " 6—O'Neill Street from east property line of Brunswick Street to the west property line of Burden Av- enue, improvement with Concrete Curb and Gut. ter.....................................................................83, 84, 133, 134 " 6—O'Neill Street from the east propert ,. line of Bruns. Street to wick the west property line of Sheridan Street, improvement with Bituminous Concrete Paving...................................................86, 139, 196, 312, 374 " 20—Ordinance No. 9.84, An Ordinance describing a cer- tain parcel of real estate and establishing and naming a public street thereon. (Kerper Blvd.) .... 106 INDEX — BOOK 94 1964 SUBJECT Page " 20—Ordinance No. 10-64. An Ordinance Establishing Terms and Conditions under which property own- ers in the City of Dubuque may connect house lateral sewers to the West 32nd. Street Sanitary Sewer and providing a penalty for violation there- of..................................................................................... 107 " 20—Ordinance No. 11-64. An Ordinance Amending the Zoning Map and Zoning Ordinance known as Ord- inance No. 3-34 of the City of Dubuque to change Lot 37 of the Subdivision of M.L. 39 from its present Two Family Residence District Classifica- tion to Local Business District "A" Classification. (200 Block on Southern Ave.) .................................... 107, 161 May 4-0'Toole Charlene et al., objecting to the improve- ment of Rose Street ..................................................... 131 " 4—Ordinance No. 12-64. An Ordinance Vacating the fol- lowing portion of street and 311eys: Catherine street lying between lots 35 and 36 of Yates Sub- division; and the alley commencing at the south- easterly corner of Lot 33 of Yates Sub. and pro- ceeding westerly to 0. L. 742 and lying between lots 33, 34, 35, 36, 37, 38, 39, 40, 41, 42 & 43 of Yates Sub. on the north, and O. Lots 714 and Lot 2 of Henion & Bairds Sub, on the south; and the 15 foot alley commencing at the west line of Henson street proceeding westerly to 0. L. 714 and situated between the north 5 feet of Lot 3 in Henion & Bairds Sub. on the north and Lots 6, 7, 8 Hodgdons Sub. on the south, approving plat thereof and ordering publication of notice of intent to dispose of same ......................................... 149 " 4—Oleson Karl Henry, granted Cigarette Permit. ........ 153 " 4—Oleson Karl Henry, granted Class "B" Beer Permit. 154 " 18—Ordinance No. 13-64. An Ordinance authorizing and providing for the issuance and securing the pay- ment of $1,250,000 Parking Facilities Revenue Bonds of the City of Dubuque, Iowa, under the provisions of Chapter 390 of the Code of Iowa, as amended, for the purposes of defraying the cost of acquiring additional off-street motor vehicle parking facilities in and for said City..... 1589 173 " 18—Ordinance No. 14-64. An Ordinance establishing a grade on Charter Street from the west property line of Main Street to the East property line of SalinaStreet................................................................. 161 " 18—Ordinanceo Ordinance radeonKerper Boulevard from heNorth Property Line of Twelfth Street to the South Property Line of Sixteenth Street ......................... 182 " 18—Ordinance No. 16-64. An Ordinance Establishing a grade on King Street from the East Property Line of Fulton Street to the West Property Line of Broadway Street .................................................. 162 " 18—Ordinance No. 17-64. An Ordinance Establishing a grade on Sycamore Street from the North Pro- perty line of Fourteenth Street to the South Property Line of Sixteenth Street ......................... 163 " 18—Ordinance No. 18.64. An Ordinance establishing a gradeon Terminal Street from the South Pro. perty line of First Street to the North Property Line of Camp Street . ................................................ 164 INDEX - BOOK 94 1964 ----_ ---- SUBJECT Page X, June 1—O'Leary Ben, Certificate of Attenuance in %,•.., 188 Defense Adult Education . ........................................ " 1—Ordinance No. 19-64. An Ordinance Granting Du- buque Motor Hotels Inc. and Inn Operations Inc. as owners of the Holiday Inn of Dubuque, Iowa, permission to encroach in Dodge Street to Con- struct Curb and Gutter for Parking Lot ................. 189 " 1—O'Neill Denise, granted Class "B" Beer Permit......... 205 " 22—Ordinance No. 20.64. An Ordinance Vacating the alley lying between Eighth Street and Ninth Street and between Bluff Street and Locust Street . ............ 221 " 22—Oleson Karl H., granted Cigarette Permit ................... 229 " 22—O'Neill Denise Mrs., granted Cigarette Permit......... 229 " 22—Oeschger Thomas, granted Cigarette Permit . ............ 229 " 22—Olson William H., granted Cigarette Permit . ............ 229 " 22—O'Hara Richard, granted Cigarette Permit ................. 231 " 22—O'Mara Helen, granted Cigarette Permit ..................... 231 " 22—O'Neill Denise, granted Class "C" Liquor Permit..... " 22—Olson William H., granted Class "C" Liquor Permit. 233 234 July 6—Ordinance No. 21.64. An Ordinance Amending Plumbing Ordinance No. 21-55 of City of Dubuque by repealing Section 33 thereof and enacting a new Section 33 in lieu thereof providing for ad- ditional exception to the requirements of the State Plumbing Code . ................................................ 244 " 6—Ordinance No. 22-64. An Ordinance Amending City of Dubuque Plumbing Ordinance No. 21.55 by repealing Section 33 (b) thereof and enacting a new Section 33 (b) in lieu thereof to permit new Jointing Materials....................................................... 245 " 6—Ordinance No. 23-64. An Ordinance Amending Sec- tion 24 City of the of Dubuque Plumbing Ordin. ance No. 21.55 to require payment of permit fee. ... .. ....... ..... ....... ........................................ ...... ... . 246 " 6—Ordinance No. 24.64. An Ordinance Amending and Changing the Zoning Map of the City of Dubuque, Iowa, as by Ordinance No. 3.34 desig. provided nated "Zoning Ordinance of the City of Dubuque, Iowa" so as to provide zoning classification for the area annexed to the City of Dubuque, Iowa, by Resolution adopted June 1, 1964 . .................... 247, 274 " 6—Ordinance No. 2564. An Ordinance Vacating that Emerson Street Portion of lying eastwardly of Garfield Avenue hereinafter to be described and known as Lot IA of Ham's Addition and approv- ingplat thereof.......................................................... 247 " 6—Ordinance No. 26-64. An Ordinance vacating that portion of Stanton Street lying eastwardly of Garfield Avenue hereinafter described and known as Lot 2A of Ham's Addition and approving plat thereof . .................... .................. .... ................... . 248 " 6—Ordinance No. 27-64. An Ordinance vacating the west- erly 140 feet of Marshall Street lying east of the property line of Garfield Avenue hereinafter to be described and known as Lot IA and Lot 2A of McCraneys Addition and approving plat thereof. 248 " 6—Orchard Hills Subdivision offer of portion of Lot 1 of Block 3 of Orchard Hills Sub. to the City of Dubuque. .............................. 253, " 6—O'Toole David L., granted Cigarette Permit . ............ 254 256 " 6—O'Meara Louis, granted Class "C" Beer Permit......... 257 INDEX — ROOK 94 1964 SUBJECT Page O " 22—O'Connor, Brooks, Ahrendt and Brooks, report of audit of City of Dubuque for the fiscal year beginning January 1, 1963 and ending Decem- ber31, 1963................................................................. 263 " 22—Ordinance No. 28-64. An Ordinance Authorizing Du- buque Screw Products Inc. to Construct a Loading Dock in the alley in the rear of their premises. 265 Aug. 3—Ordinance No. 29-64. An Ordinance Amending Section E. of Schedule 11 of Ordinance No. 33-49 by Adding a New Subsection 3 Thereto Providing that East Bound Vehicles must stop before enter- ing the intersection of North Grandview Avenue and Delhi Street . ........................................................ 275 Sept. 8—Ohmert Donald L., excavation policy . ........................ 297 " 8—Ordinance No. 30.64. An Ordinance establishing a grade on the alley section between Cummins Street and Belmont Street from Rose Street to LorasBoulevard........................................................... 299 " 8—Oak Brook Subdivision, approval of plat of Block A, 2 Block 3 in "Oak Brook Sub- Block 1, Block and division" in the City of Dubuque . ........................ 315 " 8—Oeschger Thomas, granted Class "C" Beer Permit. 320 Oct. 5—Ordinance No. 31-64. An Ordinance to establish an Electrical Examining Board, to providefor the Examination and Registration of Electrical Con- tractors, Journeyman Electreians, and Mainten- ance Electricians, and the collection of fees and to providepenalties for violations hereof . .... 333, 394, 431 " 5—Ordinance No. 32-64. An Ordinance to adopt by refer• ence a complete Electrical Code Regulating the practice, Material and Fixtures used in the In- stallation, Maintenance, Extension and Alteration of all wiring, Fixtures, Appliances and Appurten- ances in connection with various Electrical Systems, to provide for the appointment of an Permits for Electrical Inspector, the Issuance of Electrical Installation and the Collection of Fees, to Establish an Electrical Appeal Board and to Provide Penalties for Violations hereof ................. 333, 434 " 12 --Ordinance No. 33-64. An Ordinance establishing cer- tain annexed territory to the City of Dubuque, Iowa, as within the 2nd voting precinct of the City of Dubuque, Iowa . ............................................ 347 " 12—Ordinance No. 34-64. An Ordinance establishing cer- tain annexed territory to the City of Dubuque, Iowa, as within the 13th voting precinct of the " City of Dubuque, Iowa . ............................................ 12 --Ordinance No. 35-64. An Ordinance establishing cer- 348 tain annexed territory to the City of Dubuque, Iowa, as within the 16th Voting Precinct of the City of Dubuque, Iowa . ............................................ 348 Nov. " 2—Osterhaus Kenneth J., granted Cigarette Permit... 2—Osterhaus Kenneth J., granted Class 11C11 Beer Permit404 404 " 2—O'Mara Helen, granted Class "C" Beer Permit ............. No. 36-64. An Ordinance amending the 404 " 23—Ordinance budget as approved by Resolution No. 146-63 and Ordinance No. 1-64 . .................................................... 456, 457 " 23—Oleson Karl Henry, granted Class "C" Liquor Per- 422 Dec. mit................................................................................. 16—Often Richard Rev., reappointed to the Human 483 Relations Commission . ................................................ r INDEX — HOOK 94 1964 SUBJECT Page .7 " 28—Ordinance No. 37-64. An Ordinance adopting a fire Prevention Code for the City of Dubuque, Iowa, prescribing Regulations governing Conditions Hazardous to Life and Property from Fire or Explosion, and Establishing a Bureau of Fire Prevention in the Fire Department of the City of Dubuque, Iowa, and providing Officers there- for and defining their powers and duties and providing Penalties for violation hereof ................. 487 " 28—Ordinance No. 38-64. An Ordinance amending Or- dinance No. 33-49 by repealing Section 8.1 thereof and enacting a New Section 8.1 in lieu thereof fixing speed limit on Dodge Street at Thirty-five miles per hour from Bluff Street to the westerly city limits of City of Dubuque, and fixing speed limit in other areas of City of Dubuque, Iowa. 489 " 28—Ordinance No. 39-64. An Ordinance Prescribing Regulations for use of the City of Dubuque Municipal Parking Garage, fixing Fees for use thereof, Prescribing Powers of City Manager in connection therewith, and providing penalties for violation thereof......................................................... 489 " 28—Ordinance No. 40-64. An Ordinance relating to Traffic and Regulating the use of Public Streets in the City of Dubuque, Iowa, prescribing Regu- lations relative to the Parking of vehicles upon such streets: Providing for the purchase, rental, installation, operation, maintenance, supervision, regulation and control of the use of parking meters: defining and providing for the estab- lishment of Parking Meter Zones upon public streets and for an enforcement thereof and pro- viding penalties for the violation thereof; and for the repeal of Ordinance Number 7-47, 30-47, 2.56, 47.57, 9-59, 51-59, 8.60 and 32-61 . ......................... 491 " 28—Ordinance No. 41-64. An Ordinance Prescribing Regulations for the use of the Municipally owned Parking Lots, Charging a fee therefor and Pro. viding a Penalty for the Violation thereof, and Repealing Ordinances No. 26.51, 61-57, 31-61 and 47 -63 . ....................................................... . „ ...................... 28—Ordinance No, 42.64. An Ordinance Amending 494 Ordinance No. 33-49 of the City of Dubuque, Iowa, known as the "Traffic Code" by adding a new Section hh to Schedule II thereof, Designating Eleventh Street as a through Street from the east property line of White Street Eastwardly to the present terminus of Eleventh Street . ............ 496 INDEX — BOOK 94 1964 SUBJECT Page '❑ " 28—Ordinance No. 43-64. An Ordinance Amending Ordin- ance No. 33-49 of the City of Dubuque, Iowa, known as the "Traffic Code" by adding a new section 105 to Schedule VI thereof prohibiting parking on the north side of Loras Boulevard from Henion Street to Alta Vista Street ................. 497 " 28—Ordinance No. 4464, An Ordinance Amending Ordin- ance No. 33-49 as amended, known as the "Traffic Code of Dubuque, Iowa, by repealing Section 16.6 thereof and enacting a new section 16.6 in lieu thereof governing the parking of motor vehicles in a parking meter space adjacent to a parking meter and limiting the time during which a motor vehicle may be parked thereat . ............................ 497 " 28—Ordinance No. 45-64. An Ordinance Amending and Changing Ordinance No. 3-34, known as the Zoning Map and Zoning Ordinance of the City of Dubuque, so as to change certain property here- inafter described from "Single Family Residence District" classification to "Local Business District A Classification" . ........................................................ 498 " 28—Oeth Arthur H., requesting street lights on Oeth Court............................................................................. 498 INDEX - BOOK 94 1964 SUBJECT P Jan. 6-Pfohl Eldon A., sworn in as Councilman ..................... " 20 -Parking Ramp, recommendation of the City Manager that DeLeuw Cather & Company proceed with detailed plans, specifications and contract docu- ments for the construction of an off-street park- ing facility at 9th & Locust Streets ......................... 15, 51, 59, 95, 97, 99, 115, 124, 152, 157, 173, 207, 208, 209, Feb. 10 -Planning & Zoning Commission, recommending denial of petition requesting vacation of Ruth Street. ................................ ........................................... . 10 -Platt Bernice, requesting refund on Class "B" Beer PermitNo. 102............................................................. 10 -Platt Bernice, requesting refund on Cigarette Per- mitNo. 278................................................................. Mar. 2 -Planning & Zoning Commission, recommending the vacation of Marshall, Decatur Emerson and Stanton Streets, and retaining Shiras Ave ............. ...................... 40, 103. 247, 2 -Peoples Natural Gas, requesting permission to excavate in Davis and Balke Streets ..................... " 2 -Page Hotel, granted Class "B" Beer Permit ............. " 16 -Plaza 20 vs City of Dubuque and Joseph Polfer, Noticeof Suit............................................................. " 16 -Palm Cletus, requesting permission to excavate in Pennsylvania Avenue . ....................................... 16 -Planning & Zoning Commission, approval of plat of Sunset Park Subdivision . .................................... April 6 -Pusateri Sam T., announcing the purchase of land for the development of a public golf course, located 8 miles north of Dubuque ......................... 6 -Planning & Zoning Commission, recommending the rezoning of Lot 37 of the Sub. of M. L. 39 from Single Family to Local Business "A", located on Southern Avenue . ........................................................ .............. . " 6 -Planning & Zoning Commission, recommending the rezoning of Lot 28 and 29 in Lenox Addition to Multiple Residence District be denied ..................... 6 -Pentland Kenneth, Notice of Claim ............................. " 6 -Planning & Zoning Commission, recommending the vacation of East Tenth Street ................................. " 6 -Planning & Zoning Commission, approval of plat of Block 4 of Marycrest Sub. No. 2 .................... " 6 -Planning & Zoning Commission, approval of plat of West Flora Subdivision . .................... 78, 109, " 6 -Pennsylvania Avenue, improvement with Concrete Curb and Gutter from Section Corner, Sec. 21, 22, 27 and 28 to the west property line of Key Knolls Sub. 83, 84, " 6 -Park Street, improvement with Bituminous Concrete Surfacing from the east property line of Mt. Pleasant Street to the east property line of Lot 50 of Voelker Highlands ................. 86, 139, 196 6 -Pennsylvania Avenue, improvement with Hot Mix. Hot Laid Asphaltic Concrete Paving from Section corner Sec. 21, 22, 27 & 28 to the west propert line o1` Key Knolls Subdivision. ........................W, " 20 -Peoples Natural Gas, requesting permission to exca- vate in Garfield Avenue. " 20 -Planning & Zoning Commission, relative to "West Flora" Subdivision and the owner of the property Just north of the proposed Subdivision . ............ I Page 1 211, 425 21 25 25 248, 278 45 54 58 60 61, 202 68 70, 107 70 70 71 77 114, 236 133, 134 312 374 89, 142 108 109, 114 INDEX — BOOK 94 1964 SUBJECT Page P " 23—Palm, Cletus and Javetta, acceptance of resolution approving plat of "West Flora" Subdivision......... 109, 114 May 4—Property Owners required to make sewer, water and gas connections from the mains to the curb line on streets included in the City of Dubuque 1964 Hot Mix -Hot Laid Asphaltic Concrete Paving Pro- ject No. 1, City of Dubuque 1964 Bituminous Concrete Paving Project No. 1 and City of Du- buque Concrete Paving with Integral Curb Project No. 1, prior to June 15, 1964 . ............................ 141, 144, 147 " 18—Planning & Zoning Commission, recommending that the petition of Joseph F., John W., and John A. Link for Annexation be denied . ....................159, 188, 242 " 18—Planning & Zoning Commission, recommending that the petition of Lester M. Lynch, requesting the vacation of an alley lying north of Solon Street be granted........................................................................... 159 June 1—Park Board Parking Lot Projects at Eagle Point Park, Ham House and surfacing of road at Grandview Park.............................................................................. 198 " 1—Planning & Zoning Commission, recommending approval of plat of "Clover Hills" Subdivision..... 198 " 8—Parking Ramp Revenue Bonds In The Amount of $1,2509000....................................................................... 207, 208 " 22—Park Board, requesting Council action on beautifying highway entrances into the City ............................. 215 " 22—Park Board, advising Council that they have accepted 4000 square feet of land from Orchard Park, Inc. 215, 253 " 22—Planning & Zoning Commission, recommending that a new Zoning Ordinance be prepared to replace OrdinanceNo. 3-34 . .................................................... " 22--Pfohl Eleanor A., Notice of Claim . ........................... 220 220, 410 " 22—Planning & Zoning Commission, recommending the vacation of the alley between Eighth and Ninth between Bluff and Locust Streets . ........................221 " 22—Pauly Cletus N., granted Cigarette Permit. .......... 230 " 22 --Planning & Zoning Commission, recommending approval of plat of Block 8 Sunrise Heights Subdivision, and of West Side Manor Subdivision. 224 " 22—Polfer Joseph, granted Cigarette Permit ..................... 230 " 22—Pusateri Michael F., granted Cigarette Permit .........230 " 22—Page Hotel Company, granted Cigarette Permit . ........ 231 " 22—Pfab Sally, granted Cigarette Permit . ........................231 " 22—Pauly Cletus N., granted Class "B" Beer Permit. ... 232 " 22 --Pauly Cletus N., granted Class "C" Liquor Permit. 234 " 29—Poulos Andrew, granted Cigarette Permit . ................ 237 July 6—Peoples Natural Gas Division, Statement of Operating Incomefor 1963 . ........................................................ " 6—Plumbing Ordinance to be amended as recommended 241 by the Plumbers Association and the Building CodeCommittee......................................................... " 6—Planning & 'Zoning Commission, recommending the 244 zoning of the following areas lying in the NEIA of the NEY4 of Section 28, Township 89 North, Range 2 East of the 5th P. M., to Light Industrial District, Local Business "A" and Single Family Residential District..................................................... 247, 274 " 6—Planning & Zoning Commission, recommending the acceptance of offer of Orchard Hills Subdivision of Lot 1 of Block 3 to the City of Dubuque......... 253, 254 " 22—Park Board, relative to the moving of the Park Board office............................................................................. 260 W INDEX — BOOK 94 1964 SUBJECT Page P " 22—Park Board, relative to the removal of horseshoe 263 " courts at Flora Park .................................................. 22—Petrakis John, reappointed to the Recreation Com Sept. mission. .................... ...................................................... 8—Peterson Lloyd L., reappointed to the Airport Com 269 293 " mission........................................................................... 8—Peterson Theodore E. and Mary E., ordered to dis- and clean up premises at 1250 Washington " mantle Street. ............... . ............................................ 8—Planning & Zoning Commission, recommending the 293 Annexation of areas to the west, southwest and northwest of the present city limits. ... 297 " 8—Peoples Natural Gas, requesting permission to exca- 300 vate in Davis Avenue and Second Street. .......... " 8—Pusateri Michael F., granted Class "B" Beer Permit. 320 " 8—Petty Margaret, granted Class "B" Beer Permit......... 320 Oct. 5—Peoples Natural Gas, requesting permission to exca- 333 vate in Woodlawn Street and in Delhi Street..... " 5—Pfab Sally, requesting refund on Cigarette Permit 334 " No. 198......................................................................... 12—Patch C. N., objecting to improvement of Rush Street because of a faulty curb . ............................ 352 Nov. 2—Papin, Raymond, issued license for Hawkeye Mobile TrailerCourt................................................................. 389 " 2—Peoples Natural Gas Company, sale of property on East 10th Street to the City of Dubuque......... 48, 391, 427 " 2—Peoples Natural Gas Co., requesting permission to excavate in Angella Street ......................................... 394, 419 " 2—Presentation Sisters, requesting that Lots 2 and 3 Byrnes Sub. be included in annexation proposal „ to be voted upon......................................................... 16—Peterson Lloyd L., bond . ................................................ 398 408 " 16—Planning & Zoning Commission, advising the City Council of the duties of the City Planner ............. 409 " 16—Peoples Natural Gas, requesting permission to excavate in Glen Oak Street ..................................... 412 " 16—Powers Philip A., requesting rezoning of Lot 1 of 1 of 1 of 1 of Powers Farm from Single Family to Local Business District"A"..................................... 413 " 30—Parking Ramp rates and charges and hours estab- lished by the City Manager . .................................... 425, 489 INDEX - BOOK 94 1964 SUBJECT Page P Dec. 7_111anning & Zoning Commission, recommending that the block bounded by Ninth, Tenth, Central and Iowa Streets be reserved for the location of the proposed Fire Station ................................................. 429 " 7—Pape LeRoy et al., requesting sidewalks for the area surrounding St. Anthony's School . ........................ 442 " 7—Planning & Zoning Commission, approving site for the proposed County -City Building ......................... 443 " 7—Planning & Zoning Commission, approval of "Vor- wald Place," and recommending the rezoning of the northerly 300 feet to Local Business "A"..... 446 " 16—Pfohl Councilman, submitting resolution requesting that the City of Dubuque proceed at once to obtain the necessary traffic control equipment at Plaza20......................................................................... 459, 500 " 16—Planning & Zoning Commission, approval of plat of Blocks 1, 2, 3, 4, 5 and 6 in Mettel-Link Addition......................................................................... 480 " 28—Park Board, suggesting that no trees be removed from Grandview Avenue if and when construc- tion or surfacing takes place ..................................... 486 " 28—Parking Meter Zones and Municipal Parking Lots, Regulation and Use ..................................................... 491, 495 28—Plaza 20. Devon Drive and U. S. Highway No. 20, installation of proper electrical traffic control lights and the installation of a traffic turn lane at the intersection of Devon Drive, Highway 20 and entrance to the K -Mart . .................................... 500 a INDEX — BOOK 44 1.964 SUBJECT Page R Jan. 6—Russo R. N., appointed City Solicitor ............................. 6—Reilly Monica, offer to purchase Lot 1 of Lot 9 of part of McCraney's 1st Addition . ............................ Feb. 10—Ruth Street., petition requesting vacation denied......... 10—Reiter Eldon F. Mrs., Notice of Claim ............. ............ Mar. 2—Russo Romolo N., bond .................................................... " 2—Rupp Barbara, Notice of Claim .................................... 2—Reisdorf Thomas S., granted Class "B" Beer Permit. 16—Rieselman Harold J., requesting a street light on White Street . ........................ April 6—Rettenberger Tree and Landscape Service, sidewaE bond............................................................................. " 6—Rose Street from the east property line of Alta Vista Street to the west property line of Walnut Street improvement with Bituminous Concrete Paving ......... 86, 139.196 6—Rosedale Avenue from the west property line of Avoca Street to the east property line of Asbury Street, improvement with bituminous Concrete Paving ......86, 139, 196 6—Rush Street from the east property line of Bryant Street to the west property line of Villa Street, improvement with Bituminous Concrete Surfac• ing................................................... 86, 139, 196, " 6—Reilly Joseph Oliver, granted Cigarette Permit......,., 6—Reilly Joseph Oliver, granted Class "C" Beer Per. mit.......................................................... 20—Recreation Commission, submitting options on erty to be considered for the establishment o0 a playground in the area of Hill and Caledonia Streets.......................................................................... 20—River States Oil Equipment, requesting right of w . ay or sale of a piece of property located near th Fengier Street overpass. ........... e ... . 23—Roshek Frank J., condemnation proceedings to be in- stituted to acquire the property owned by him on the northwest corner of 8th & Locust Streets. May 18—Riverfront Subdivision No. 4, approval of plat......... 18—Rieke Cloett.a L., granted Class "B" Beer Permit......... June 1—Roth Arthur, Certificate of Attendance in Civil Defense Adult Education. ............... 22—Roshek Realty Co., relative to who are tenants in Roshek Bldg for doMors 22—Richards Andrew, approval of plat of Block 8 of Sunrise Heights . .................................... 22—Ring Louis A., granted Cigarette Aermit. .. 22—Rink Louis G., granted Cigarette Permit. " 22 --Riverside Bowl Club, granted Cigarette Permit.... 22—Radloff Otto & Minnie, granted Cigarette Permit, .... 22—Roshek Brothers, granted Cigarette Permit. 22—Randall's Inc.. granted Cigarette Permit. 22—Rieke Cloetta L., granted Cigarette Permit. ............ 22—Riekena Doris Mrs., granted Cigarette Permit ............ 22 --Rawson Celeste, granted Cigarette Permit. .. 22 --Rommel Roger, granted Cigarette Permits.... .......... 22—Roby Elmer, granted Cigarette Permit. 22--Reisdorf Joseph E., granted Cigarette Perm.......it.. .............. 22—Roeder Marcella, granted Cigarette Permit.. ... .. 22--Reisdorf Thomas, granted Cigarette P 22—Rawson Celeste A., granted Class "B"ermit Beer Permit. 12, 27 21 23 38 40, 264 54 60. 70 68 312, 375 31'2, 377 312, 378 92 92 101 109, 126 115 168 172 231 188 216 224 229 229 229 229 229 230 230 230 231 413 231 231 231 231 232 INDEX — BOOK 94 1964 SUBJECT Page R " 22—Reisdorf Joseph E., granted Class "C" Liquor Permit. 234 " 22—Rawson Celeste, granted Class "C" Liquor Permit. 234 " 22—Riverside Bowl Incorporated, granted Class "C" Liquor Permit............................................................... 234 " 29—Reilly Joseph Oliver, granted Cigarette Permit........... 237 " 29—Ruegnitz Robert, granted Cigarette Permit ................. 237 " July 29—Rieke Cloetta L., granted Class "C" Liquor Permit. 6—Richard Andrew J., approval of plat of Block 9 of 237 Sunrise Heights........................................................... 254 " 6—Roling Vincent, objecting to development of land abutting his property . ................................................ 259 " 22—Roshek Bros., requesting permission to hold a Christ- masParade................................................................... 266 " 22—Recreation Commission, requesting a meeting with the Council to discuss future golfing facilities..... 271 Aug. 3 --Ring Louis A., granted Cigarette Permit ..................... 283 11 3—Riverside Bowl Inc., granted Class "B" Beer Permit. 283 Sept. 8—Riedel Evelyn, Notice of Claim .......................... 298 8—Rofyan Tree & Landscape Service, release side- walkbond..................................................................... 300 " 8—Randalls Foodarama, granted Class "C" Beer Permit. 320 Oct. 5 --Registration of Voters to be held in various places from October 19 to October 23 inclusive ................. 329 " 5—Rink Ray et al., requesting street lights on Avoca Street..................................................................... 333, 408, 418 " 5—Reisdorf Thomas S., requesting refund on Cigarette PermitNo. 200............................................................. 334 " 5—Reisdorf Thomas S., requesting refund on Class "B" Beer Permit No. 23 ..................................................... 334 " 5—Reisdorf Joseph, granted Class "B" Beer Permit......... 345 Nov. 16—Richard Construction Co., requesting permission to excavate in 30th Street . ............................................ 412 " 16—Retail Merchants Bureau, requesting permission to holda parade............................................................. 413 " 16—Richard Construction Co., requesting permission to install four boulevard lights on Northridge Drive. 413, 486 " 23—Republican Central Committee, endorsing pro- " posed Annexation program . .................................... 23—Recreation Commission, requesting that (2900 be 418 419 made available to them for Petrakis Park. ............ Dec. Pl 7—Recreation Commission, establishment of a ay - ground area north of Hill Street and south of West Eighth Street, between Caledonia and Wil- " sonStreets..................................................................... 7—Roeder Marcella, granted Class `B" Beer Permit..... 452, 453 454 " 7—Radloff Otto L k Minnie M., granted Class "C" " Permit........................................................................... 16—Roman Realty, requesting consideration inpossible 454 purchase of unimproved portion of Whittier Street.............................................................................. 457 0 INDEX — BOOK 94 1964 SUBJECT Page S Jan. "chreiber Councilman, statement of thanks to all for past courtesies and cooperation . ............................ " 6—Steger Construction Co., excavation policy ................. 6—Swift John J., claim denied . ............................. " 6 --Smith Oil Company, granted Cigarette Permit........ 6—Sarris Giannoula, granted Class "B" Beer Permit .... " 6—Sarris Patricia, granted Class "B" Beer Permit .... " 6—Scholtes Emily, granted Class "B" Beer Permit......... Feb. 10—Steger Construction Co., excavation policy . ................ 10—Saffran Construction Co., excavation policy ................. " 10 --Schwartz Hazel A., Notice of Claim ............................. I"cherrer Agnes J., Notice of Suit ................................. 10—Storm Sewer, completion and acceptance of an 84" storm sewer in Clover Hills Addition ..................... " 10—Sanitary Sewer, preliminary estimate, plans and specifications for the construction of the twelve inch Catfish Creek Sanitary Sewer commencing at the existing sanitary sewer in Pennsylvania Avenue. .............................. 29, 30, 56, 63, 64, " 10—Shanahan J. T., grant of easement ................................. " 10 --Schneider Eva Olds, grant of easement . .................... Mar. 2—Stanton Street, vacation recommended by the Planning & Zoning Commission . ............................ " 2—Shiras Avenue, recommendation of he Planning do Zoning Commission that the street not be vacated. 2—Sullivan Mary A., appointed Deputy Clerk of Munici- �, pal Court........................................................... 2 --Street Finance Report of the City of Dubuque, Iowa for 1963 . ..................... 2—Schneller Mathias....."B"'.. .. mit. A., granted Class Beer Per- mit 2—Schroeder Donald, granted Class "C" Beer Permit. " 1"rhiltz Construction Co., release of sidewalk bond. " 16—Sunset Park Subdivision, approval of plat of Lots 16 through 18 inclusive Block 4, Lots 15 through 24 inclusive block 6, Lots 1 and 2, and Lots 15 through 17 inclusive block 8, Lots 1 throu'h 4 and lot "A" Block 9, and Lots 1 and 2 Bloc 10. 16—Southern Lounge, granted Class "B" Beer Permit. April 6—Shireman Robert, sidewalk bond. 6—Strub Raphael H., sidewalk bond'.'"*""** ............................... . 6—Stowell Insurance Agency, Notice of Ciaim................ 6—Saffran George, approval of plat of Block 4 of Mary- „ crest Sub. 2 . .................... . 6—Sanitary Sewer, ..... West Thirty Second Street Sanitary . Sewer " 6—Sycamore Streetlfrm the north pr . . .............. 16th Street property line of Fast treproperty trtfuEast Street, improvement hConceteCurb and Gutter .............................. 6—Shiras Avenue from the old CityLimits135, 195, Point Park Entrance, improvement with Concrete " 6—Shi asrb and Avenue Gfrom old city limits to Eagle Point ................................. 83, Park Entrance, improvement with Bituminous „ Concrete Paving, .,.,.,...., 6—Sycamore Street, ....................................... 86, East 16th Street the north property fine of East 14th Street, improvement with Hot Mix -Hot Laid Asphaltic Concrete Paving . ............ 6—Schwartz Ethel ""' ... 88, 89, 143, 196....... ...414, " 6—Schwartz Ethel, gran ed Clted asen"Be Permit. Beer Permit......... 1 9 9 13 13 13 13 21 21 23. 105 23 29 226, 339 31 31 40, 303 40 45 50 54 54 60 61 64 68 68 70 77 82 308 355 84, 134 87, 137 460, 474 92 92 INDEX — BOOK 94 1864 SUBJECT PoAm S ^6—Steeklein Richard N, granted Class 'Br Boer Per- er-".. mit .-------------------.. '— ^ 20—Stanton Street, vacation rocnmmeuo��------o* soy . M-- 20—Schuster lU�. 2� 1�� . 104 " ~^~ May ~—~— Marys Home, -- objecting to the improvement of 304, 485 ^ *—ymper, Water and Gas Connections, abutting property on streets included in the City of Dubuque 1964 Hot Mix -Hot Laid Asphaltic Concrete Paving Project No. I and Bituminous Concrete Paving Projectowners — No. ` ordered-- to connect to the curb line prior to J 141 144, 147 " --- ^ .. z 159 18—summer Festival, appealing to the City Council forfinancial_ r the surfacing of a parking help Industrial — area on the �16518--""~^^~^" Sewer, completion -107. 250 ~ 18—Storm Sewer, preliminary plans, specifications and of contract for the construction of a storm ^=~ sewer in Fourth Street . -��-------- lMR 170 307 June v 187 191 ' 1 --Smith JoAnn E. e—_ requesting annexation of192 property east of John F. Kennedy Road . ............ ^ 1—Scuv,a uc,=^"p^""^" Corporation,~--'~- Beruice M. puioloy, re«noobo8 uno*notiuo of ^ approximately 0u J_Sunset Park 201 %269.5. Lots I through 31 Block 11, Lots I through 25 and Lots 37 through 46 Block 2, Lot 1 Block 3, Lots 1 through 9 Block Lot A and Lot 1 Block 4, 202, 203 ' 1--oco"^^^""x=^ ^~~ `'` granted Class Beer �� ^ ___ _. m�� ------------''-----'---'°B" �� 9 & Gustmur�un gcou,eu Class ^ Permit 205 217 220 430 .. " 22—Smitty's Excavating Service, requesting permission between Ist and 2nd Streets222 mexcavate ~ alley 22—Scholtes Emily lone, requesting refund on 6ass 223 " 224 229. 22—Steffen Jerome C,, granted Cigarette Permit . ............ 229 ° ^229 zmn , zou " — 230 "cklein ^ �� — Richard N., 22—Ste 230 230 ^ __. =" ___— Cigarette z�u ��O ^ zu—Surou "°""/. granted INDEX — BOOK 94 1964 SUBJECT Page S " 22—Scherr James J., granted Cigarette Permit ................. 230 " 22—Schaffert Lincoln G., granted Cigarette Permit. .... 230 " 22—Sarris Patricia Mrs., granted Cigarette Permit. ........ 230 " 22—Scherer Emma Mrs., granted Cigarette Permit......... 231 " 22—Steffens John, granted Cigarette Permit ..................... 231 " 22 --Sun Leo, granted Cigarette Permit ............................. 231 " 22—Schwartz Ethel, granted Cigarette Permit . ................ 231 " 22—Schneller Mathias A., granted Cigarette Permit......... 231 " " 22 --Sears Roebuck Company, granted Cigarette Permit. 22 --Sand Donald, granted Class 'B" Beer Permit ............. 231 232 " 22--Spiegelhalter Melvin A., granted Class "B" Beer Permit........................................................................... 232 " 22—Sand Donald T., granted Class "C" Liquor Permit. 234 " 22—Sarris Patricia, granted Class "C" Liquor Permit..... 234 " " 22—Schollmeyer Paul, granted Class "C" Liquor Permit. 22 "C" 234 --Savary John L. and Viola M., granted Class Liquor Permit............................................................... 234 " 22—Smith Mark R., granted Class "C" Liquor Permit. 234 " 22—Southern Lounge Inc., granted Class "C" Liquor Permit........................................................................... 234 " 22—Stecklein Richard N., granted Class "C" Liquor Permit........................................................................... 137 " 2"fikas Pete, granted Cigarette Permit . .................... 237 " 29—Schroeder Don, granted Cigarette Permit . ................ 237 " 29—Schwind Frank, granted Cigarette Permit . ................ 237 " 29 --Smith Ralph P., granted Cigarette Permit ................. 237 July 6 -Sears William, Power of Attorney . ............................ 241 6—Scheel Frederick W. Mrs., Notice of Claim ................. 243, 393 " 6—Shireman Robert J. & Maxine F., Henry J. & Gene- vieve A. Kieffer, offer of Lot 1 of 3 of Orchard " Hills Subdivision to the City of Dubuque, Iowa. 6—Sunrise Heights 253, 254 Subdivision, approval of plat of Block9........................................................................... 254 " 22—Schmit Ray J., et. al., requesting sanitary sewer on Monterest Street from Woodworth to Hemp- steadStreet................................................................... 266 " 22—St. George Subdivision, vacation of plat of Lot 3 of Block 2, for the purpose of removing the 10' utility easement......................................................... 267 " 22—Sweet Harold, reappointed to the Recreation Com- Aug. mission........................................................................... ............................ ... ....................... 3—Soat, John, Notice of Claim ............................................. 269 274, 410 3—Schiltz Richard J., requesting that the storm sewer in easement Highland Park be vacated as the sewer will be relocated through Chippewa Park Subdivision................................................................... 281 " 3—Schiltz Richard J. and David S. Douglas, relative to assessments for Bituminous Paving and Curb and Gutter Woodlawn on Street and Karen Street..... 281 3—Sanitary Sewer in Thirty Second Street, from North Grandview Avenue westerly to the intersection of West Thirty Second Carter and Road, thence southerly along Carter Road to the westerly " property line of Block 3 Nauman Addition. .. 282, 305 3—Savary John L. & Viola, granted Class "B" Beer Permit........................................................................... 3—Specht Harold 0., granted Class "C" Beer Permit..... 283 283 3—Spiegelhalter Melvin A., granted Class "C" Liquor " Permit........................................................................... 3—Sfikas Pete S. & Gust Karigan, granted Class "C" 283 LiquorPermit.............................................................'2114 ep . 8—Sindt La Vern & Leonard, ordered to dismantle building and clean up premises at 1258 Wash- ingtonStreet ................................................................. 293, 335 INDEX — BOOK 94 1964 SUBJECT Page S " 8—Strotz Paul J., ordered to dismantle buildings and clean up premises at 2555 Elm Street......... 294,335, 350 296 " " 8 --Sharkey Charles, sidewalk policy . ................................ 299 "chill Clara, Settlement of Suit .................................... " "chiltz Construction Company, requesting street lights on Meggan Street . ........................................ 300, 330 " 8—Simon Richard G., offer to purchase vacated EmersonStreet . .......................................................... 304 " 8 ---Sanitary Sewer, construction of a Sanitary Sewer in Montcrest Street from the existing sewer in Hempstead Street, then westerly through Lot 74 of part of Mechanic's Addition, thence westerly Street to the east line of in Montcrest property Woodworth Street . ............ 309, 310, 337, 397, 478, 479 " 8—Schlitzer John F., approval of plat Block A Block "Oak 1 Block 2 and Block 3 in Brook Sub- d1vision."......................................................................315 " 8—Scherer Emma, granted Class "B" Beer Permit. .... 320 Oct. 5—Southern Avenue Storm Sewer, recommendations submitted by the City Manager and the City " Engineer....................................................................... 5—Smitty's Excavation Service, excavation policy......... 329 331 " 5—Sunset Park Subdivision No. 2, approval and installa- tion of boulevard type lights . ................................ 331 " 5—Sidewalks, petitions for the consideration of a side- walk plan in the area of Chaney Road and 334 " Wahlert High School . ................................................ 5—Smith Mark R., granted Class "B" Beer Permit......... 345 " 12—Smitty's Excavating Service, requesting permission 350 to excavate in Asbury Street . ................................ Nov. 2—Saint Mary's Home, Notice of Appeal from final levy of the special assessment for the improvement of Carter Road with concrete curb and gutter... 394, Co., installation of 485 " 2—Schiltz Construction requesting a street light at Bonson Road and Asbury Street. 394, 408 " 2—Sisters of Presentation, requesting that Lots 2 and 3 Byrnes Sub. be included in the annexation 398 " proposal to be voted upon . .................................... 16—Sidewalk Program for 1965, City Engineer advising the City Manager of a proposed sidewalk program. 409, Construction Report 429 " 16—Street and Parking Budget and For The Fiscal Year 1965 for the City of Du- " buque, Iowa................................................................. 23—"See-Hear Organization", requesting permission to to raise funds ......................... 415 419 " distribute cannisters 23—Salvation Army The, requesting permission to erect booths for their red kettle solicitations ................. 419 Dec. 7—Schaffert L. G., granted Class "B" Beer Permit......... J., street light on Chip- 454 " 16—Schiltz Richard requesting 458 " pewaDrive. ................ ................................................. 16—Steffen Leo A., requesting permission to construct " a canopy at 1348 Central Ave ................................. 16—Scott Samuel Mrs., reappointed to the Human Rela 458 " tions Commission......................................................... 16—Sister Mary James Margaret B. V. M., reappointed to 483 the Human Relations Commission . ........................ 483 " 28—Speed Limit established on Dodge Street, Locust Street, Kerrigan Road, Grandview Park, Eagle Point Park and Flora Park, also in suburban districts, school districts, residential districts and business district . ............................................... 489 INDEX — BOOK 94 1964 SUBJECT Page, T Jan. 6—Telegraph Herald, -appointed the official newspaper for the City of Dubuque . .......... ................................. "T . 3 6—Tschirgi Edward M., bon .......................................... ..... 6--Timpe Vincent A. Jr., Notice of Claim ......................... Class "B" Beer 9 10 Feb. 10—Tindell William John Jr., granted Permit. ............................................................................ 10—The Great Atlantic & Pacific Tea Company, granted 32 Class "CII Beer Permit ................................................. 32 Mar. 2—Tischauser Mabel E., requesting rezoning of Lots 28 44 and 29 in Lenox Addition ......................................... 2—Telegraph Herald, agreement to sell their parking lot to the City of Dubuque on condition that the City sell them a city owned parking lot at the south- west corner of Ninth and Bluff Streets ................. 51, 59, 76, ...granted 318, 323 2—Taft Fred Jr., Cigarette* Permit ..................... .54 2—Taft Fred Jr., granted Class "B" Beer Permit . ........ 54 2—Tindell Marionette, granted Class "B" Beer Permit. 54 April 6—Turnquist Company, Inc., sidewalk bond ..................... 68 6—Tri-State Paving Company, performance policy . ........ 68 6—Tenth Street, vacation of East Tenth Street . ............ 71 6—Takos Councilman, submitting statement relative to revoking the Class "B" Beer Permit of Leonard H. Crane. .............................................................................. 80 6—Thirty Second Street Sanitary Sewer, completed and accepted. ........................................................................ 82 6—Thirteenth Street (East) from the east property line of Washington Street to the west property line of the East 35 feet of Lot 206 of East Dubuque Addi- tion, improvement with Bituminous Concrete Pav- ing . ........................................................ 86, 138, 196, 312, 382 6—Twelfth Street (West) from the west property line Street of Bluff to the east property line of Grove Terrace, improvement with Bituminous Concrete Paving . .................................................. 86, 138, 196, 312, 383 6 --Third Street (West) from the east property line of Hill Street to the east property line of North Grandview Avenue, improvement with Hot Mix - Hot Laid Asphaltic Concrete Paving ..................... 88 89 143 196, 6 --Terminal Street, from the north 'Prop�rty line of 414, 460 First Street to the north property line of Camp Street, improvement with Concrete. Paving with Integral Curb . ................90, 91, 146, 197, 402, 403, 448 20—Thermolyne Corporation, desiring to purchase Lot 2 of Block 9 in Area B of Industrial Park . ........ 101, 152, 193 20—Tigges Melvin J., Claim denied ......................................... 104 May 4—Tschiggfrie Edward D. Jr. & Joan excavation policy. 4—Timmerman Construction Co., sidewalk bond 148 .......... 18 --Thomas Place Sanitary Sewer, completed and ac- 148 cepted. ............................................................................ 167, 250 June 1—Trumm Raymond, sidewalk policy ................................. 187 22—Tri-State Paving Co., sidewalk bond . ........................ 217 22—Tritsch Ralph B. Mrs., requesting the opening of rest room facilities at Allison -Henderson Playground. 22—Taft Fred, requesting a refund on Class "B" Beer 222 PermitNo. 18 . ................................................................ 22—Tigges Norbert G., granted Cigarette Permit ............. 223 229 22—Trapp A. J. Mrs., granted Cigarette Permit ................. 229 22—Tapp James L, granted Cigarette Permt ..................... 230 22—Trewieler Elmer L., granted Cigarette Permit ............. 230 22—Thompson Food Market, granted Cigarette Permits. 230 INDEX - BOOK 94 1964 SUBJECT Page ki " 22—Tindell Marionette, granted Cigarette Permit ............. 231 " 22--Tschiggfrie Raymond L., granted Cigarette Permit. 232 " 22--Tindell William, granted Cigarette Permit... .............. 232 " 22—Tapp James L., granted Class "B" Beer Permit......... 232 " 22—Thompson Food Market, granted Class "C" Beer Permit............................................................................. 232 " 22--Tigges Norbert G., granted Class "C" Liquor Permt. 234 " 29—Trausch Bakery, granted Cigarette Permit. .............. 237 July 6—Tindell William Jr., requesting refund on Class "B" BeerPermit No. 14 ..................................................... 250 " 6—Tindell William Jr., requesting refund on Cigarette PermitNo. 205............................................................. 250 " 6—TRUS DEK Corporation, offer to purchase three acres of land in River Front Subdivision in Industrial Park . ..................................................'155, 256. 277, 292, 314 Aug. 3—Transportation Planning for Dubuque Area, a meet- ing of the Council, Board of Supervisors and Iowa State Highway Commission to organize and estab- lish a committee to aid in the transportation pro- gram for the Dubuque area .......................... ...... 271 " 3—Thirty Second Street Sanitary Sewer, from North Grandview Avenue westerly to the intersection of West Thirty Second and Carter Road, thence southerly along Carter Road to the westerly prop- erty line of Block 3 Nauman Addition .................. 282, 305 " " 3—Thompson John F., granted Cigarette Permit ............. 3—Thompson John F., granted Class "C" Beer Permit. 283 283 " 10—Tax Levies Established for the Year 1964 ................. 289 Sept. 8—Tindell Marionette, requesting refund on Class `B" Beer Permit No. 28 ..................................................... 301 " 8—Tindell Marionette, requesting refund on Cigarette PermitNo. 203............................................................. 301 " 8—Tigges Bernard Benny, granted Class "C" Beer Per- Oct. mit................................................................................... 5—Tittle Sarah, Notice of Claim ......................................... 320 332 " 5—Thirty Second Street cleaning of Detention Basin, completed and accepted ............................................. 341 " 5—Thompson Pearl B., grantedCigarette Permit........... 344 Nov. 2—Tigges Norbert G., requesting refund on Cigarette PermitNo. 47................................................................. 395 " 2—Thompson J. F., requesting refund on Cigarette 395 " PermitNo. 277............................................................. 2—Tigges Doris J., granted Class "B" Beer Permit......... 404 " 2---Tigges Doris J., granted Cigarette Permit ................. 404 " 2 --Thompson J. F., granted Class "C" Beer Permit....... 404 " 2—Tigges Doris J., granted Class "C" Liquor Permit. Health Association, requesting per- 405 " 16—Tuberculosis & mission to distribute bangles ..................................... 413 Dec. 7—T -V Cable Performance Bond ......................................... 428 16—Tigges Norbert, requesting refund on Liquor License No. C-1566....................................................................... 458 5, INDEX — BOOK 94 1964 SUBJECT Page U Mar. 2—Urban Renewal Consultant Selection Committee dis- 48 April banded............................................................................. 6—Urban Transportation Planning, recommendation of the City Manager that the City enter into an 69 Agreement with the County and State ..................... " 6—University Avenue, recommendation of City Manager 69 " that street lights be installed ..................................... 6—University Avenue from the west property line of Mt. Pleasant Street to a point 93 feet west of the east property line of Lot 1 of the Sub of Lot 1 of Tschirgi & Schwinds Sub., improvement with Hot Mix -Hot Laid Asphaltic Concrete Paving . ............ ......... 88, 89, 143, 196, 414, 460 June 1—United States of America, renewal of lease covering 189 acre in Ham's Addition ....................................... " .85 29—United States of America, offer of Grant for the pur- pose of obtaining federal aid in the development of the Dubuque Municipal Airport ......................... 236 " 29—Utzig LeRoy, granted Cigarette Permit ......................... 237 Aug. 3—University of Dubuque, requesting permission to hold " astreet dance............................................................. 10—University Avenue and Prysi Street, installation of 276 streetlights................................................................... 286 Sept. 8—United Fund Drive Committee, requesting the erec- tion of "UNITED WAY" street signs on Main Street............................................................................... 301 Oct. 5—University of Dubuque, requestingpermisson to have a Homecoming Parade on Main Street ................. 333 " 12—UNICEF requesting permission to conduct a trick ortreat nite................................................................. 350 Dec. 7—University of Dubuque, requesting full vacation of alleys and an unnamed street without restriction abutting their properties on Grace Street ............. 442 " 7—URBAN RENEWAL Project Area, bounded generally by Fourth Street, Sixth Street, Locust Street and White Street approved.........................................444, 483, 501 " 28—U.S. Highway No. 20 and Devon Drive Intersection, installation of proper electrical traffic control lights and the installation of a traffic turn lane at the intersection of Devon Drive, Highway 20, and the entrance to the K Mart ......................................... 500 INDEX — BOOK 94 1964 SUBJECT Page V Feb. 10—VanNatta Lillian, Notice of Claim ................................. 23, 273 54 Mar. 2--Vorwald Gregor J., granted Cigarette Permit. .....•.• "B" 54 " 2--Vorwald Gregor J., granted Class Beer Permit. April 6—Veterans of Foreign Wars, requesting permission 74 " to hold a poppy sale . ............................................... 6—Veterans of World War I, requesting permission to hold a Memorial Day Parade . ................................ 75 May 4—Van Duelman Carl, granted Class "C" Beer Permit. 154 91 13—Voter Registration Mobile Unit, to be used in the 156 City of Dubuque at various designated locations. June " 22--Vorwald Gregor, granted Cigarette Permit ................. 22 --Veterans of Foreign Wars, Gerald F. Winters Post 229 No. 9663, granted Cigarette Permit ........................ 23U 232 " 22—Van Duelman Carl, granted Cigarette Permit ............. 232 " 22—Vrotsos Elsie, granted Cigarette Permit . .................... 232 " Oct. 22—Vrotsos George, granted Cigarette Permit ................. Placesistration to be held at various 5—Votthr ughhout the City fromO October 19 to the 23 in- clusive, as requested by the Dubuque Federation OfLabor........................................................................ 329, 350 " . 12--Voelker Joseph R., requesting additional street 349, 391 lights on Marion Street ............................................. ' 2—Veterans Memorial Park Grading Project completed Nov. andaccepted................................................................. 395, 396 " 2—Veterans of Foreign Wars, Gerald F. Winters Post 9663 granted Class "B" Beer Permit.....................404 446 Dec. " 7—Vorwala Place, approval of plat ..................................... 28—Vulcan Tool Company, granted an extension of the original option on Lot 2 of Chemical Subdivision, as recommended by the Mayor's Industrial Com 484 mittee............................................................................. 1 INDEX — BOOK 94 Page 1984 SUBJECT W Jan. 6—Wersinger Gertrude, Power of Attorney ..................... requesting dedica- 8 " 6—Wold Richard B. and Genevieve, tion of an access road located off of Kaufmann Avenue in the 800 Block.........................................11. 31, 32 Feb. 10—Waller R. D., presented with a gift in appreciation for many years service on the Planning & Zoning 18 " Commission................................................................... 10—Waltz John J., submitting resignation as member of the DockCommission................................................. 19, 42 22 " IF 10—Whyte Mary L., settlement of claim ............................. 10—Westchester Inc., requesting zoning classification of Lot 1 of Block 4 to multiple Family residence " classification................................................................... 10—Westchester Inc., petitioning for the Annexation of 24, 57 a portion of Westchester Subdivision to the City " ofDubuque..................................................................... 10—Wright Louis, granted Class "B" Beer Permit......... 26, 27 32 Mar. 2—Water Department, audit report of the City of Du- buque Water Department for the year ending 38 December 31, 1963 ..................................................... " 2—Wimmer John, objecting to the sale of Marshall & De- " " caturStreets................................................................. 2—Weiner Sy1. A., granted Class "B" Beer Permit......... "C" 40 54 64 16—White William J. B., granted Class Beer Permit. April 6—Walser & Link, sidewalk bond . .............................. 68 IF 6—White Street, installation of street lights recom- mended by the City Manager . ................................ 70 "6—West Flora Subdivision, approval of plat. ....78. 109, 114, 236 to 20—W.D.B.Q., relative to situation concerning "West Flora" Subdivsion......................................................... 109 May 4—Wieser Alice J. et al., objecting to the improvement of West Eleventh Street ............................................. 131 to 4—Weiner Clarence J. et al., objecting to the improve- ment of O'Neill Street . ............................................ 132 " 4—Weber Merlyn L., granted Class "B" Beer Permit. 153 " " 18—Weis George, granted Cigarette Permit . ................. 18—Warren Ralph, granted Class "B" Beer Permit ............. 171 172 June 1—Wilke Delbert, Certificate of Attendance in Civil Defense Adult Education ............................................. 188 " 1—Waul Kenneth, granted Class "C" Beer Permit......... 205 " 22—Willy Construction Co., sidewalk policy ......................... 217 " 22—Westchester Inc., requestng permission to construct an 8" sanitary sewer from the Catfish Trunk line sewer to Westchester Inc . ........................................ 222 " 22—West Side Manor Subdivision, approval of plat of Lots 1 through 9 Block 1, Lots 1 through 8 Block 2, Lots 1 through 7 and Lots 11 through 17 Block 3, and Lots 1 through 7 Block 4 . ........................................ 224, 225 " 22—Winkler Beatrice C., granted Cigarette Permit......... 229 " 22—Ward James M., granted Cigarette Permit ................. 229 " 22—Weber Merlyn L., granted Cigarette Permit ................. 229 " " 22—Wunder Eileen M., granted Cigarette Permit ............. 22—Waul Kenneth, Cigarette Permit 229 " granted ..................... 22—Welu Clarence P., granted Cigarette Permit 230 230 " ............. 22—Wright Eunice, granted Cigarette Permit . ................ 230 " 22—Wareco System of Iowa, granted Cigarette Permit. 230 " 22—Weiner Fred, granted Cigarette Permit . .................... 230 " " 22—Weis George, granted Cigarette Permit . .................... 230 " 22—Weiner Sylvester A., granted Cigarette Permit......... 22—Weiner Helen, granted Cigarette Permit . .............. 231 231 " 22—Wertz Donald E., granted Cigarette Permit . ............ 232 " 22—Wong Ming, granted Cigarette Permit ......................... 232 1 INDEX — BOOK 94 1964 3UBJEGT Page MA " " 22—Wagner Clem, granted Cigarette Permit. ........... _... 22—Winkler Louis J., granted Cigarette Permit ................. 232 232 " 22—Wunder Eileen M., granted Class "B" Beer Permit. "B" 232 232 " 22 --Weiner Helen Mrs., granted Class Beer Permit. "C" 232 " 22—Ward John M., granted Class Beer Permit......... "C" 233 " 22—Wunder Eileen M., granted Class Liquor Permit. "C" 234 " " 22—Weber Merlin L., granted Class Liquor Permit. 22—Weiner Helen, granted Class "C" Liquor Permit......... 284 " 29—White William J., granted Cigarette Permit. ........ 237 237 " " 29—Welter Harold, granted Cigarette Permit ..................... 29—Warren Ralph, granted Cigarette Permit . ................ 238 July 6—Windsor Avenue, installation of street lights recom- 242 " mended by City Manager ............................................. 6—Wong Chuck N., granted Cigarette Permit ................. 257 " 6—Weiner Fred, granted Class "C" Beer Permit......... 257 " 22—Wright Kay Mrs., reappointed to the Recreation Com- Aug. mission. ................. ......................................................... 3—Witherall Arthur, sidewalk bond ..................................... 269 71 " 3—Wallis J. Allen et al., requesting vacation of an ease- ment between Lots 6 & 7 in Block 5 of Indian Sept. Hills........................................................... .. 276, 315, 339, 8—Wilhelm Walter, excavation policy ............................... 458 297 " 8—Wilson Bros., Notice of claim ........................................ 298 " 8—Wiegand's Subdivision, approval of plat of Lots 1 317 Oct. through6....................................................................... 12—Willging A. J. et al., requesting the construction of a street connecting Monterest Street with Hemp- " steadStreet.................................................................. 12—Wahlert High School, requesting permission to hold 349 " aparade . ................................... ...._................... .......... 12—Weida John & Agnes, objecting to the assessment 350 Dec. for improvement of West 12th SL ....................352 7—Wieser Maurice M., Notice of Claim . ........................ 430 " " 16—Welter Harold B., granted Class "C" Beer Permit. 16—Wertz Donald E., granted Class "C" Beer Permit. 482 482 INDEX - BOOK 94 1964 SUBJECT Page X June 22—Xavier Hospital Gift Shop, granted Cigarette Permit. 231 CA Sept. 8 --Yager John F. and Marianne, ordered to dismantle building and clean up premises at 1252 Washing- tonStreet..................................................................... 293. 335 Nov. 2—Young Democratic Clubs of Iowa, requesting per- mission to hold a parade and to sell tickets in the downtown area . .................................................... 394 Z Mar. 2—Zoning Commission, adoption of a resolution provid- ing for the establishment of a Dubuque County Zoning Commission..................................................... 46 May 18—Zephyr Aluminum Products Inc., requesting permis- sion to erect marquees . ............................................ 164 " 18—Zumhof Gene P. et al., requestng that a nuisance, huge rock pile on Kaufmann Avenue be removed. 165 June 1—Zephyr Aluminum Products, requesting permission to erect marquees on Main Street and on Central Avenue.......................................................................... 187 " 1—Zwack Anton, public liability policy . ........................ 187 " 22--Zillig George, granted Cigarette Permit........ ............. 230 Aug. 3—Zillig George, Claim denied ..................... ............... 272 11 3—Zillig George, granted Class "C" Liquor Permit ........ 284 Sept. 8—Zillig George, granted Class "B" Beer Permt. ........... 320 No% 16—Zep4yr Aluminum Products Inc., requesting permis- sion to erect marquees at 2768 Central Avenue. 413 Regular Session, January 6, 1984 1 (ITY COUNCIL (OFFICIAL) Regular Session January 6, 1964. Council met at 7:30 P.M. C.S.T. Present—Mayor Kean, Council- men Horgan, Schaller, Schreiber, Takos. City Manager Gilbert D. Chavenelle. Mayor Kean stated that this is the regular monthly meeting of the City Council, and also the first meeting of the fiscal year, for the transaction of such business as may properly come before the meeting. city Clerk Frommelt swore in Messrs. Richard Ludwig and Eldon A. Pfohl, as Councilmen, for the regular term commencing the sec- ond secular day of January 1964. Councilman Kean moved that Councilman Horgan be elected Ma. yor for the ensuing fiscal year. Seconded by Councilman Takos. Carried by the following vote: Yeas—Councilmen Kean, Lud- wig, Pfohl, Takos. Nays—None. Councilman Horgan not voting. City Clerk Frommelt swore in the new Mayor whereupon Mayor Morgan took the Mayor's chair. Mayor Horgan swore in City Man- ager Gilbert D. Chavenelle, City Solicitor R. N. Russo and City Clerk Leo F. Frommelt. Your Honor, Fellow Councilmen, Ladies and Gentlemen: It is with both sadness and joy that I leave this chamber tonight. Sadness, because I leave an office that I dearly loved these past four years. Joy, because I have had the great opportunity to serve our com- munity as both Mayor, and Coun- cilman. I am also honored by my association with the very dedicated people that make up our city gov- ernment. People will not long re- member what happens or is said here tonight, however, I do want it known of the dedication that out City Manager has for his position, the many, many, long hours he de votes to city affairs, and of hie interest for the City of Dubuque, To Mr. Russo, and Mr. From melt, my sincere thanks for their assistance and counsel over tht years. I shall treasure their assn ciation not only in an official way, but truly as friends. To all the Department heads, members of the bards and com- missions, along with the many hun- dreds of workers for the city, I salute you for jobs well done and thank you for the courtesies you have extended to me, during my term. To the press and radio, my thanks for your interest in making Dubuque a better city for all, through your efforts in public in- formation. To my fellow councilmen, my appreciation for your tolerance, and respect for my opinions on policy matters. I am proud to be associated with each of you. To our successors, my best wish- es for a successful term in office. To my wife, my devoted thanis for her patience, understanding, and help that she has given to me during my term. Without her guid- ance, and kindness, this job would be unbearable. I thank God for being a citizen of the Great United States, and for the opportunity to serve my com- munity. Ladies and Gentlemen — Good Luck, God Bless You, and Goodbye. Councilman Takos moved that the statement just read by outgo- ing Councilman Schreiber be re- ceived and made a matter of rec. ord. Seconded by Councilman Kean. Carried by the following vote: Yeas — Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. As in the past the outgoing MR- yor reviews some of the Council's actions on decisions that are im. portant for the growth and prog. ress of the City and the safety and welfare of its citizens. In 1963 the Council put into effect the Mu- nicipal Court, and on schedule the sale of land for the Sears ware. house was completed and with the Moore's Mill project the whole area received a much needed face lifting, and i hope we can com- plete the Moore's Mill project and make the area even t d a Health. attrac- tive. We, have supported Welfare and Recreation survey— grading work is completed in the new Veteran's Memorial Park for 2 Regular Session, January 6, 1964 additional ball diamonds, tennis courts. and a lead in road. We have a study well under way on the problem at the Sewage plant. We have increased the efficien- cy of our water system with the addition of new tanks and pump- ing station. We have formed a Human Rela- tions Committee which will study various social problems that might arise or already exist in the City. In our general street program we have completed work on many arterial streets vital to proper traf- fic flow from the downtown areas and we have kept pace with a street lighting program and sig- nals where needed. We have underway an extensive program to increase our parking facilities. We have an air pollu- tion survey underway. We have ap- proved a reorganization of Civil Defense. The County and City united on a committee to study the possibility of a City -County Building. The City has provided property for local investors to expand their facilities which are important to Dubuque namely the Julien Hotel and the Dodge House Motel and given easement on Industrial Island so that the Interstate Power can provide better service to the com- munity and to the industrial island itself. And we have a Housing Code for the City which provides ordinances to protect the health and welfare of our citizens. So its been an active year with many things accomplished and now over not without the coopera- tion and the abilities of the City Manager. City Solicitor and all the members of the City administra- tion. It has been a very great honor and a privilege for me to serve Du. buque as its Mayor for 1963. Councilman Takos moved that the statement read by former Ma- yor Kean be received and made a matter of the official record. Sec. onded by Mayor Horgan. Carried by the followng vote: Yeas — Mayor :Horgan, Council- men Kean, Ludwig, Pfohl, Takos, Nays—None. Outgoing Councilman Schaller had no prepared statement but did express his thanks to the City Man- ager, City Solicitor, City Clerk and all department heads for their co- operation while he was in office. lie stated that he would miss the association here but was glad to get back to his family and busi- ness. He urged the Councilmen to believe in the prayer that is said at the opening of each meeting. Mayor Horgan moved that the rules be suspended in order to let anyone present address the Coun- cil if they so desire. Seconded by Councilman Takos. Carried by the following vote: Yeas — Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. Mayor Horgan called on Mr. Ar. thur Bennett, a former member of the Park Board, and presented him with a picture of the Shiras Me- morial in Eagle Point Park, as a memento from the City in appre- ciation of his many years of ser. vice for the betterment of the com. munity. Mr. Bennett responded by expressing his most sincere thanks. RESOLUTION NO. 1.64 A Resolution providing for the Appointment of a City Manager, City Clerk, City Solicitor, pre- scribing their salaries and fixing their bonds. BE IT RESOLVED by the City Council of the City of Dubuque, that the following officers be ap- pointed subject however, to the right of the Council to declare such offices vacant or remove the officers therefrom at the pleasure Of the Council with or without cause, and to be paid the compen- sation provided for in the detailed distribution of proposed expendi- tures for 1984 and that the City Manager provide a $5,000.00 bond and the City Solicitor provide a $1,000.00 bond, both at their ex. pense. City Manager, Gilbert 1). Chave. nelle. City Clerk, Leo F. Frommelt City Solicitor, R. N. Russo. Be It Further Resolved that the City Clerk be covered under the City Blanket Honesty Bond. Regular Session, jannary 6. 1964 Passed, adopted and approved this 6th day of January 1964. Robert J. Morgan Mayor Eldon A. Pfohl James J. Kean Richard Ludwig Peter J. Takos Councilmen Attest: Leo F. Frommelt City Clerk this 6th day of January 1964. Robert J. Horgan Mayor Eldon A. Pfohl ,lames J. Kean Richard Ludwig Peter J. Takos Councilmen Councilman Kean moved the adoption of the resolution. Second- ed by Mayor Horgan. Carried by the following vote: Yeas — Mayor Horgan, Council- men Kean, Ludwig. Pfohl, Takos. Nays—None. January 2, 1964 To the Honorable Mayor and City Council Gentlemen: As City Manager I wish to ad- vise your Honorable Body that all officers and employees who I have power to appoint and are under my supervision, direction and con- trol, and whose appointments con- tinue at the pleasure of the Man- ager, and who are now serving in their respective capacities shall be paid salaries in accordance with the pay plan submitted to t h e Council, a copy of which is at- tached hereto, and in accordance to the detailed distribution of pro- posed expenditures for 1964. Respectfully submitted, Gilbert D. Chavenelle City Manager Councilman Takos moved that the recommendation of the City Manager be approved. Seconded by Mayor Horgan. Carried by the fol- lowing vote: Mayor Horgan, Councilmen Kean, Ludwig, Pfohl, Takos. Nays—None. RESOLUTION NO. 2.64 A resolution designating the Of- ficial Newspaper of the City of Dubuque, Iowa. 13E PT RESOLVED by the City Council of the City of Dubuque, Iowa: That the Telegraph Herald, a daily Newspaper of general circu- lation, be appointed the official newspaper of said City. Passed, adopted and approved Attest: Leo F. Frommelt City Clerk Councilman Takos moved t h e adoption of the resolution. Sec- onded by Mayor Horgan. Carried by the following vote: Yeas — Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. RESOLUTION NO. 3.64 A Resolution designating the Depositories for Public Funds of the City of Dubuque, Iowa. BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the following banks be appointed depositories of the pub- lic funds and the City Treasurer is hereby authorized to distribute such funds in such banks in amounts not to exceed the follow- ing: American Trust and Savings Bank $1,300,000.00 First National Bank $1,275,000.00 Dubuque Bank & Trust Com- pany $1,225,000.00 BE IT FURTHER RESOLVED that the City Treasurer be and he is hereby directed to file with the County Treasurer of Dubuuqe County, Iowa, a list of such depos- itories and to keep such list on file with such County Treasurer at all times. Passed, adopted and approved this 6th day of January 1964. Robert J. Horgan Mayor Eldon A. Pfohl James J. Kean Richard Ludwig Peter J. Takos Councilmen Attest: Leo F. Frommelt City Clerk Mayor Horgan moved the adop- tion of the resolution. Seconded by Councilman Kean. Carried by the following vote: yeas—Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nuys --None. 4 Regular Session, January 6, 1964 January 2, 1964 To the Honorable Mayor and City Council Gentlemen: The attached resolution has been prepared showing the detailed dis- tribution of proposed expenditures wherein estimates of expenses of the departments and purposes shown, including the estimates for which all levies are heretofore made, receipts from monies and credits and miscellaneous sources are to be used, and said distribu tion shows all the proposed expen ditures for the ensuing year. This resolution has been pre pared in accord with the budget previously approved by the City Council. Respectfully submitted, Gilbert D. Chavenelle, City Manager Councilman Takos moved that the communication be received and filed. Seconded by Councilman Kean. Carried by the following vote: Yeas—Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. RESOLUTION NO. 464 WHEREAS, a detailed distribution of proposed expenditures of the City of Dubuque for the fiscal year beginning January 1, 1964, and ending December 31, 1964, has been duly prepared by the City Manager and submitted to this Council for approval; and WHEREAS, this Council has ex- amined the detailed distribution of the proposed expenditures, wherein estimates of the expens. es of the departments and pur- poses are shown, including the estimates for which all levies heretofore made, receipts from monies and credits and miscell. aneous sources are to be used, and said distribution shows all of the proposed expenditures for the ensuing fiscal year; NOW, THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, that said detailed distribu- tion of proposed expenditures for the fiscal year beginning January 1, 1964, and ending De. cember 31, 1964, as heretofore prepared, be and the same is hereby adopted and approved. Passed, adopted and approval this 6th day of January, 1964. Robert J. Horgan Mayor Eldon A. Pfohl James J. Kean Richard Ludwig Peter J. Takos Councilmen Attest: Leo F. Frommelt City Clerk Councilman Takos moved the adoption of the resolution. Second- ed by Mayor Horgan. Carried by the following vote: Yeas—Mayor Horgan, Council. men Kean, Ludwig, Pfohl. Takos. Nays—None. Councilman Takos moved that in consideration of appropriation that Manager and Solicitor be given a comparable raise which the City Council granted to the highest em- ployee during the 1963 budget Proceedings, said amount $1020.00 each. Seconded by Mayor Horgan. Carried by the following vote: Yeas—Mayor Horgan, Council- men Kean, Ludwig, Takos. Nays --Councilman Pfohl. Councilman Takos moved that a communication be sent to the Plan- ning & Zoning Commission recom. Imending that they submit the duties of our full time planner for Council's ordinance adoption. Sec. onded by Councilman Pfohl. Car. ried by the following vote: Yeas—Mayor Horgan, Council. men Kean, Ludwig, Pfohl, Takos. Nays—None. To the Honorable Mayor January d 1964 Members of the City Council Gentlemen: An Ordinance has been prepared allocating and making appropria- tions of tax levies and other sourc. es of revenue for the expenditures of the City Government of the City of Dubuque for the fiscal year beginning January 1, 1964 and ending December 31, 1964, and authorizing certain transfers of funds. This Ordinance is in accord with the detailed distribution of ex- penditures adopted by the City 'ouncil. Respectfully submitted, Gilbert D. Chavenelle, City Manager Hegidar Session, January 6, 1964 5 Mayor Horgan moved that the communication be received and filed. Seconded by Councilman Takos. Carried by the following vote: Yeas—Mayor Horgan, Council men Kean, Ludwig, Pfohl, Takos. Nays—None. ORDINANCE NO. 1.64 An Ordinance Allocating and making appropriations of tax levies and other sources of reve- nue to the expenditures for City Government in the City of Dubuque, for the fiscal year be. ginning January 1, 1964 and end- ing December 31, 1964 and au- thorizing certain transfers of funds, presented and read. Councilman Kean moved that the reading just had be considered the first reading of the Ordinance. Sec- onded by Mayor Horgan. Carried by the following vote: Yeas—Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. Councilman Kean moved that the rule be suspended requiring an Ordinance to be read on three sep- arate days. Seconded by Mayor Morgan. Carried by the following vote: Yeas—Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. Ordinance No. 164 An Ordinance allocating and making appropriations of lax levies and other sources of revenue to the expenditures for City Government in the City of Dubuque, for the fiscal year beginning Januar• 1, 1964 and ending December 31, 1964 and authorizing certain transfers of funds. Be It Ordained by the City Council of the City of Dubuque: Section 1. That there is hereby allocated and appropriated from the estimated revenues from all tax levies in the City of Dubuque, together with the estimated receipts from sources other than taxation and unencumbered balances from the fiscalyear of 1963 all as hereinafter set forth, to the payment of the necessary expenditures of the city government in the following amounts and for the purposes set forth in this ordinance and to that end the transfers of finds 8s hereinafter set forth are hereby authorized, to -wit: RECEIPTS Misc. Unencumbered Fund From Taxes Revenue Balance Total General .,„„ .................... ...................... :.. 218,899.00 136,322.011 25,000.00 380,221.00 Street ...... . ......................................«........ 210,898.00 12,889.00 10,000.00 233,787.00 Public Safety .......................................... 863,722.00 210.781.00 11.000.00 1.085,503.00 Sanitation .................................................. 401,495.00 279,703.00 681,198.00 Municipal Enterprise ............................ 197,998-00 74,026.00 13,000.00 285,024.00 titilitles..................................................... 114,027.00 658,408.00 772,435.00 Recreatton .................................... _.......... 257,103.00 55,341.00 10.850.00 323,294.00 Debt Service ........................................... 260,511.00 1,782.00 262,293.00 Parking Meter ... ....... .•........ 55,910.00 55,910.00 Trust and Agency ........• ••• •• • •• 272,028.00 27,946.00 30,950.00 331,724.00 Street (Road Use Tax) ........................ 425,656.00 60,000.00 425,656.00 60,000.00 Liquor Profit _............................. 2,797,481.00 1.998,764.00 100,800.00 4,897,045.00 Liquor Profit Revenue of $60.000.00 appropriated to the Public Safety Fund. $18,000.00 of Pa king Meter Revenue appropriated to Public Safety Fund for Traffic Control. EXPENDITURES General Fund Item 101 City Council ....................................................................................... t 8,500.00 102 Office of City Manager................................»................................ 46,610.00 17,844.50 103 Office of City Clerk...........................«.......................................... . 16,716.50 .. 104 Office of Cit Auditor............................».................................... 13,982.00 105 Office of City Treasurer............................................................... 11,860.00 106 Office of City Solicitor.................................................................. 73,496.00 109 Office of City Engineer ............................ _....... ........ ....... ....... .. 3,228.00 113 Elections............................................................................................... 114 City Buildings.................................................................................. 18,606.00 116 Civil Service ...................... ....................................... :.................._....... Office Building Commissioner .... ..... ..............15,802.00 500.00 121 of ........................ 122 Office of Plumbinq Inspector .................................... _............ 24,473.00 15,793.00 123 Office of Electrical Inspector ......... 20,735.00 147 Planning & Zoning .............................. „... ............................. ... 35,875.00 148CMiscellaneous ............... .........................................................«............ 160 Capital Improvement...................................................................... Beer Permit Refunds 50.000.00 2,100.00 .................................................................... Cigarette License Refunds _..............__...................... ........... 2,100.00 Total General Fund ........... .... ..._................................ _ _._. ....... 380,221.00 These appropriations shall be paid from: 218,899.00 Taxeb................................................................................«.......$ Misc. Revenue...........................................«........... 136,322.00 25,000.00 Unencumbered balance........................................................ Total............................................................................ 380.221.00 6 Regular Session, January 6, 1964 _ street Fund Item 125 Street Repairing and Grading ..........................»....»................ $ 35,164.00 56,294.00 130 Tree Trimmingg .......................... 112,525.00 131 Highway Admintsiratton...................«....................................... 35,00000 135 Street Construction ""«'" "' """"' 60,15500 ........................................»....... 141 Snow Removal ......"'«•'«"""""""' 22.277.(x1 . 142 Traffic Signs and Marking..................... .............. ............. .....6,000.00 23.311.00 162 City Share of Special Street Tax................................................ 3,000.00 0 Unencumbered Airport Fund Balance ............................ 10,000.00 ........................................................................ Total Street Fund233,761.00 These apppropriations shall be paid from: 10 0(10.00 balance Ltneacumbered ....................................... 210.898.00 Taxes....».......... ..........................._..........................».............. 12.889.00 Mise. Revenue............................................................................ Total........................................................ .......................... 233.787.00 Street (Road Use Tax) Fund ItemE 132 Street Repairing and Grading................................................... 139,656.00 286.000.00 .. 135J Street Construction..............................................»...................... ................................................. Total Street (Road Use Tax)................... 425.656.00 These appropriations shall be paid from: Misc. Revenue State Gasoline (Road Use Taxi ............ i 425.656.00 Public safety Fund Item„•„ ,... 115 Municipal Court ............ ........ ............ ............................. $ 114,015.00 x46,398 80 118 Police Department....................................................................... 119 Fire Department............................................................................ 522.510.80 119EFire Department.............................................................................. ....... 8,290.00 17.291.80 120 Fire h Police Alarm System ........»...» . ........... ................. 6.00000 124 Do Pound............................................ «....»...._..«_.. »............ 13.337.00 148EAmbulance ........». ..»...............«..................,.................... 17.661.60 150 Civil Defense........................................................................».............. Total Public Safety Fund........................................................................... 1.145,503.00 These appropriations shall be paid from: Taxes............. _........................ ........ ................. ..................... i 863,722.00 ........ Misc. Revenue............................................................................ 192,781.00 18,000.00 Parking Meter Revenue................ ........... ...... .................... Unencumbered Balance ........................»............................. II'mo.00 Liquor Sales Profit Allotment............................................ 60,000.00 Total.................................................................................... 1,145,503.00 Sanitation Fund Item 1.17 Levee Maintenance .............................. ».....« »......................... $ 4,019.00 125 Health Department ...................... »» ...»..«.«« ...................... 45.666.50 126 Control of Contagious Disease.............„.....»........................ 6,670.00 127 Sewer Maintenance ........................... ..... ........., 53,217.00 129 Milk Inspection................................ ... ». ............... 11.724.50 134 Rubbish, Garbarge, Ash A Can Collections .... _.................. 147,490 01 263.995.00 139 Sewage Disposal..............»............................................................... 140 Street Cleaning............................................................»................ 50,533.00 6,(x10.00 162 City Share of Special Sewer Tax............................................. 91,833.00 162 Main Sewers and Inlets................................................................ Tota: Sanitation Fund.................................................................................... 681.198.00 These appropriations shall be paid from: Unencumbered balance....«........ ..--- ....... ..».................... g None Taxes.......................................................................................... 401,495.00 Misc. Revenue.................... ......... ............. ... ........................... 279,703 00 Total .................................................................................... 681.198.00 Municipal Enterprise Fund Item 143 Library Operation................................».......................................... $ 120,636-00 153ADock Operation............................................................................... 12.550.00 153B Dock Dredge Operation............................. _. .............. ................. 34.222.00 1530 Dock-Riverfront Improvement....,_....»... .............. „..,............. 24,500.00 157 Airport Operation............................................................................ 93,116.00 Total Municipal Enterprise Fund .......... .............................. ......... ...... — 295,024.1x1 These appropriations shall be paid from: 'Faxes For Docks............I............................ ..5 25,('i68 00 Taxes For Library............................................................... 112,525.00 Taxes For Airport.................................................................. 59.805.01 Misc, Dock Revenue ................................» .......... 45,604.00 Misc. Library Revenue ...........................................„.. ........ 5,111.011 Misc. Airport Revenue............................................................ Unencumbered Library 23.311.00 Fd. Balance .............................. Unencumbered Dock Fd. Balance .........«......... .............. 3,000.00 0 Unencumbered Airport Fund Balance ............................ 10,000.00 Total.................................................................................. 285,024.00 Recreation Fund Item 144APark Administration.................................................................... i 13,256.00 144BPark Areas, Buildings Etc . ..................................»»................... 115,800.011 144CPark Improvement......................«..............«................«....,........... 36.650.00 145A Recreation Administration..«....«................................................. 21,917.01 .. 145B Outdoor Recreation..................................................................... 42,926.59 14517 Indoor Recreation .._..................................................................... 18.359.93 Regular Session, January 6, 1964 145ESwimming Pool .................................................. ........ _................... 146 Playground Improvement .............................................. _ _................ 171 Municipal Golf Couse Operation .... ................ _................. _..... 151 Museum................................................................................................ 144DPark Moores Mill............................................................................ 14,875.00 99,152.00 'total Recreation Fund.................................................................................. 657,560.00 These appropriations shall be paid from: Taxes for Golf Course............................................................$ Taxes for Park Operation .................................................... 6,937.00 162,708.10 87,458.00 'taxes for Recreat on............................................................. 2,498.00 Misc. Park Revenue ................................................. _ _ Misc. Recreation Revenue ................................................... 22,799.Ou GoldCourse Fees...................................................................... Balance Park den . ................................ 30,044.00 1,000.00 Unencumbered Unencumbered Balance Reer. Gen . ........................ .. 8,000.00 Unencumbered Balance Golf Course ................................ 1.000.00 Unencumbered Balance Museum ........................................ 85010 ...................................................................... Total.............. 323.294.00 utilities Fund Item 170AParking Meter ........................ _.... ...... _............ » .................. Item 136 Street and Traffic Lighting....................................................... 170BParking Lots ........................ ......................................................_...•.. Transfer to Pub. Safety Ed. for Traftic Control 149 Water Work Administration.......................................«..»»........ Total Parking Meter Fund "'""""""'""" 149 Water Work Operation ................ ................................... ......... TotalUtilities Fund.......................................».............................................. These appropriations shall be paid from: Street do Traffic LJghting—Misc. Rev ................. _.......... $ 848.00 Taxes for Water Department ............................................ 14,875.00 99,152.00 Taxes for Street tic Traffic Lighting ............................... 657,560.00 Water Department Revenue.........................................1-- Total................................................. ................................... 772,435.00 Debt service Fund Item 161J1 Retirement of Bonds & Payments for Interest ................ 'these appropriations shall be paid from: = 260,511.00 'faxes .........................I..........I............ ............................. .. 1 ,782.00 Misc. Revenue........................»................................................ 252,W3.00 Total .................................... ................................................ Parking Meter Fund Item 170AParking Meter ........................ _.... ...... _............ » .................. ...... ...... 170BParking Lots ........................ ......................................................_...•.. Transfer to Pub. Safety Ed. for Traftic Control .................... Total Parking Meter Fund "'""""""'""" 'these appropriatlonb shall be paid from: 55,910.00 Parking Meter Itecenue........................................ ..................$ Pension Fund Trust and Agency Funds—Faro Item..................... 15591 Fire Yrnsionb.............................................................. These appropriations shall be paid from: 50.470.00 Taxes......................................................i ........................................ 490.00 Miscellaneous Revenue ................................ _.... ».... ......... . 14,000.00 Unencumbered Balance ..................».............................•»... .... 64,960.00 ........................................................................ Total» Fire Retirement Fund Item. 155J2 Fire Retirement Sgstein........................................ ..._............... shall be paid from:. These appropriations ._..».».. «» _$ 61,405.00 Taxes ........................... .. .. 18.281.00 Miscellaneous Revenue ............................................»..... 76.686.00 .................................................................. Total.............. police Pension Fund Item 154J1Police Pensions .............................................................. shall be paid from 429.00 Thebe appropriations »» « $ Misc. Revenue ................................................... Taxes.......................................•..........................................»......... 53,217.00 2,500.00 Unencumbered Balance ..................................» .............I _ . ,,•„ 56,140.00 Total....................................................«..««». .............. Police Retirement Fund Item 154J2 Police Retirement System .............................................. 'Phis appropriation shall be paid from: ; 46 199 00 'Taxes.......................................................•................««......«.... 11,289.00 .................... Misc. Revenue -». »..»w..» ................................ 2,450.00 Unencumbered Balance ................................. ............... 59,938.00 Total............................... State Smployoe,s Retlreanont Fund Item 156J1 Employyse's Retirement .............................................. be paid from: This apProprtatlon shall ` 97,733.00 M.09 Ta eh . .................................................... ......................... Misc. Revenue ..........................................•.......« ..........,»...»..... 7,000.00 Unencumbered Balance........................................................ 38.000.00 Total......................................«......................................... 2-s.753.48 8,300.00 37,981.00 850.00 700.00 323,294.00 100,000.00 295,959.00 376,476.00 772,435 00 $ 262.293.1111 $ 28,290.00 9,620.00 18,000.00 55,910.10 5 64.46000 1 ;6,686.00 $ 56,140 OU $ 59,938.00 S 35,000.00 g Regular Session, January 6, 1984 Federal Old Age Survivors Insurance Item ticrnrrty S 39,00000 156J2 City Share Federal Socia ................ . This appropriation shall be paid from .................; 23 5.00 Taxes.............................................................. 195.00 .... 5,000.00 Misc. Revenue ............ ............................._ Unencumbered Balance """" ..................... Total 39,000.00 Total of all a propriattona for the expenditures of City oven - inent of the C�ty of Dubuque, Iowa for the fiscal year be 4,897,045.00 January 1, 1964 and ending December 31, 1964 ............................... section 2. General Miscellaneous appropriations shall be made In accord- Revenues. General Miscellaneous rove- aduetcd with the City distribution bJ io nues which are collected during the P fiscal year shall be allocated to the uy 6, 1964 which detalled distribution funds and purposes as provided for is made a part of this ordinance by herein and shall be used for the pay- reference thereto and shall be so con- s of the expenses of such funds sidercd In connection with the expen• and purpose In the sums herein shown. ditures of said appropriations. Section 3. Surplus Any surplus not Section 6 This ordinance all all be in specifically allocated for a definite pur- pose In the budget shall be and the final passageadoption and aptrt•oval by the City C=ouncil and publication name to hereby appropriated and set as apart to be applied as contingencies provtried by law, and the app, upriatiom arise or may he used for such proper herein provided shall be available when purposes as the Council may determine trFassedeupond to lhfirst eir creading funds. ss6th u{{ion. Any surplus not specifically distributed fn the budget and remain- day of January 1964 ink to funds created by the levy of sassed, adopted sad approved upon special trxes shall be and the same is final reading this 8th day of Janurn hereby appropriated for any roper 1964. Robert J. Hmg;u+ purpose incident to such funds. Nothing or herein contained shall authorize the Elation A. Pfohl , transfer of funds realircd from special James .i. Kean taxes to a fund or purpusen for which Richard Ludwig any special tax levy has beemade, ex- akos T J. Peter cept only with the approval of the State PeterCounJ. T en Comptroller. Section 4. Delinquent Tax Collections. Attest: Delinquent pprior years tax collections Leo F. Frommelt shall be allocated to the respective City Clerk funds most logically including the Published officially in the Telegraph purpose for which tax was levied when Herald Newspaper this 13th day of and as the same are received by the January 1964. Leo F. Frommelt City Treasurer- Section Clerk Section 5. Distribution. That the dis Y tribution and division of the within 1 t. 1d3 Councilman Kean shoved the men Kean, Ludwig, Pfohl, Takos. adoption of the Ordinance. Second. Nays—None. ed by Mayor Horgan. Carried by Otto Donath tion ion of requesting r. and rs. a the following vote: Yeas—Mayor Horgan, Council- reason for the dismissal of Oto lien Kean, Ludwig, Pfohl, Takos. from city employment was pre- Nays—None. sented but not read. Upon the Printed council proceedings for recommendation of City Solicitor the months of July and August Russo Councilman Takos moved 1963 presented for approval. Coun• that the communication be refer- cilman Kean moved that the coun- fed to the City Solicitor. Seconded cil proceedings for the months of by Councilman Kean. Carried by July and August 1963 be approved the following vote: as printed. Seconded by Council- Yeas—Mayor Morgan, Council- man Takos. Carried by the follow- men Kean, Ludwig, Pfohl, Takos. ing vote: Nays—None. Yeas—Mayor Horgan, Council- Communication of Mr. and Mrs. men Kean, Ludwig, Pfohl, Takos. Otto Donath submitting a state- Nays—None. tient to the City in the amount of Communication of Transamerica $43,800 for use of their land for Insurance Group submitting Power drainage purposes in the construe- of Attorney naming M. P. Hogan tion of a sewer was presented but and Gertrude Wersinger and giv- not read. Upon the recommenda- ing them power and authority to tion of City Solicitor Russo Coun- write bonds not exceeding $300,000. cilman Takos moved that the com in any single instance, presented municatiun be referred to the City and read. Mayor Horgan moved Solicitor. Seconded by Councilman that power of attorney be received Kean. Carried by the following and filed. Seconded by Councilman vote: Takos. Carried by the following Yeas—Mayor Horgan, Council- vote: men Kean, Ludwig, Pfohl, Takos. Yeas--Mayor Horgan, Council. Nays—None. Regular Session, January 6, 1964 9 January 3, 1964 To the Honorable Mayor and City Council Gentlemen: This is to advise that I have approved the following bonds and policies and desire to have your approval on same for filing, sub. ject to the approval of the City Solicitor: PERSONAL Gilbert D. Chavenelle, City Man- ager, American States Ins. Co. Edward M. Tschirgi, City Treasur- er, Bond No. 1124209.12, The Ohio Casualty Ins. Co. EXCAVATION 11. M. Steger and F. T. Steger, d/b/a Steger Construction Co., Policy No. XP 368784 The Fidel- ity and Casualty Co. TAXI -CAB Black and White, Yellow & Check- er Cab Co., Inc., 655 Iowa Street, Policy No. 20 AL 3280 CM, The Aetna Casualty and Surety Co. Respectfully submitted, Gilbert D. Chavenelle, City Manager Mayor Horgan moved that the bonds and policies be filed subject to the approval of the City Solicit- or. Seconded by Councilman Takos. Carried by the following vote: Yeas—Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. Honorable Mayor City Council Re: January 6, 1964 and John J. Swift Mayor Horgan. Carried by the fol- lowing vote: Yeas—Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. January 6, 1964 Honorable Mayor and City Council Re: William L. Meyers Gentlemen: On December 11, 1963, William L. Meyers of 320 King Street, Du- buque, Iowa, filed claim for damag- es in the amount of $8.00 allegedly resulting in an increase in water pressure. I have made an investigation of this matter and find no action. able negligence on the part of the City of Dubuque and therefore recommend denial of said claim. Original claim is attached here- to. Respectfully submitted, R. N. RUSSO, City Attorney Gentlemen: On November 7, 1963, John J. Swift of 1603 Jackson St., Dubuque, Iowa, filed claim against the City of Dubuque in the amount of $35.00 for damages allegedly suf- fered to his car, claiming the curbing at 17th & Jackson Streets was leaning out an an angle of 45 degrees. 1 have made an investigation of this matter and find no actionable negligence on the part of the City and therefore recommend denial of said claim. Original claim is attached here- to. Respectfully submitted, R. N. RUSSO, City Attorney Councilman Takos moved that the recommendation of the City Attorney be approved. Seconded by Councilman Takos moved that the recommendation of the City Attorney be approved. Seconded by Mayor Horgan. Carried by the lowing vote: Yeas—Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. January 6, 1964 Honorable Mayor and City Council Re: Paul Erschen State Automobile & Cas. Unds. Gentlemen: On October 2, 1963, State Auto. mobile and Casualty Underwriters filed claim against the City of Du- buque, Iowa, in the amount. of $75.42 as a subrogation claim of their insured, Paul Erschen of 14501/2. Southern Avenue, Dubuque, Iowa, as a result of striking an alleged defect on Southern kvellu.�. 1 have made an investigation of this matter and recommend that said claim be denied. Respectfully submitted, R. N. RUSSO, City Attorney Councilman Takos moved that the recommendation of the City Attorney be approved. Seconded by Mayor Horgan. Carried by the following vote: Yeas—Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos, Nays—None. 10 Regular Session, January 6, 1964 1 Honorable Mayor and City Council Re: Samuel Scott Mc- Caughey, Jr. Gentlemen: On May 11, 1962, Samuel Scott McCaughey, Jr. of 2300 Jackson St., Dubuque, Iowa, filed claim against the City of Dubuque in the amount of $22.55 as a i"ult of striking an unlighted hole on Mineral and Devon Drive on M4y 3, 1962. I have made an investigation of this matter and find no actionable negligence on the part of the City and therefore recommend denial of said claim. Respectfully submitted, R. N. RUSSO, City Attorney Councilman Takos moved that the recommendation of the City Attorney be approved. Seconded by Mayor Horgan. Carried by the following vote: Yeas—Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. Notice of claim of Mrs. Adele Leiser Haudenshield of Cuba City, Wis. in an unspecified amount, for personal injuries received in a fall in front of Fecker's Market on Rhomberg Ave. on December 4, 1963, presented and read. Council- man Takos moved that the notice of claim be referred to the City Solicitor for investigation and re- port. Seconded by Councilman Pfohl. Carried by the following vote: Yeas—Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. Notice of claim of Alvina Dusch- en of East Dubuque, Ill. in an un- specified amount for personal in- juries received in a fall on Sev- enth Street on October 28, 1963, presented and read. Councilman Takos moved that the notice of claim be referred to the City So- licitor for investigation and re- port. Seconded by Councilman Pfohl. Carried by the following vote: Yeas --Mayor Horgan, Council- men Kean, Ludwig, Pfohl, 'Takos. Nays—None. Notice of Supit of Clara B. & Andrew Dubmeyer, in the amount anuary 6, 1964 of $8500, for personal injuries sus- tained by Clara B. Dubmeyer in a fall on an icy sidewalk at 405 Rhomberg Ave., on December 27. 1961, presented and read. Council. man Takos moved that the notice of suit be referred to the City So licitor for investigation and re port. Seconded by Councilman Pfohl. Carried by the following vote: Yeas—Mayor Horgan. Council. men Kean, Ludwig, Pfohl, Takos. Nays—None. Notice of claim of Vincent A. Timpe Jr., in the amount of $37.70 for car damage incur -ed as the re- sult of striking a defective man hole cover at 2420 Windsor Ave. on December 27, 1963, presented and read. Councilman Takos moved that the notice of claim be referred to the City Solicitor for investigation and report. Seconded by Councilman Pfohl. Carried by the following vote: Yeas --Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. Petition of Chapin Construction Co. requesting discontinuance of their sidewalk construction bond, presented and read. Mayor Horgan moved that the petition be granted providing there are no outstand- ing claims. Seconded by Council man Kean. Carried by the follow ing vote: Yeas—Mayor Iiorgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. Petition of John and Velma Cor- bett requesting permission to ex- cavate in Lowell Street (10 year street) to repair a sewer break, presented and read. Councilman Kean moved that the petition be granted. Seconded by Councilman Takos. Carried by the following vote- Yeas—Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. Petition of C. J. May Jr. attorney requesting dedication of an access road leading to the McDonnell property and Richard B. and Gene- vieve Wold properties located off Kaufmann Avenue in the 800 block, presented and read. Councilman Regular Session, January 6, 1964 11 Takos moved that the petition be referred to the City Manager. Sec- onded by Councilman Kean. Car- ried by the following vote: Yeas—Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. Petition of Irvin Nachtman re- questing a refund of $50.00 on the unexpired portion of cigarette license No. 229, as he has discon. tinued business on December 11, 1963, presented and read. Council- man Takos moved that the refund be granted and the Auditor in- structed to draw proper warrant. Seconded by Councilman Kean. Carried by the following vote: Yeas—Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. Petition of Mrs. Ann Dillon re- questing a refund of $50.00 on the unexpired portion of cigarette license No. 12.7, as she has discon- tinued business on December 20, 1963, presented and read. Council- man Takos moved that the refund be granted and the Auditor in- structed to draw proper warrant. Seconded by Councilman Kean. Carried by the following vote: Yeas—Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. Petition of Irvin Nachtman re- questing a refund of $50.00 on the unexpired portion of Class B beer permit No. 58, as he has discon- tinued business on October 20, 1963, presented and read. Council- man Takos moved that the refund be granted and the Auditor in. structed to issue proper warrant. Seconded by Councilman Kean. Carried by the following vote: Yeas—Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. Application of Annexation by John Duggan Trustee under the Regina Duggan Trust of approxi- mately 42.78 acres off the North Cascade Road, presented and read. Some question was raised whether John Duggan was in power to make application under the Regina Dug- gan Trust however Mayor Horgan moved that the application be granted subject to the approval of the City Solicitor. Seconded by Councilman Takos. Carried by the following vote: Yeas—Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. Resolution Annexing Certain Territory No. 5.64 WHEREAS, the owner of an area of approximately 42.78 acres in size immediately adjoining the westerly city limits of the City of Dubuque, Iowa; and WHEREAS, the inhabitants of said territory will be enabled to secure the benefits of city govern- ment in the way of police and fire protection if said territory is in- corporated within the city limits of the City of Dubuque, Iowa; and WHEREAS, the inhabitants of said territory will be enabled to secure water, and other municipal services if said territory is incorp- orated within the city limits of the City of Dubuque, Iowa; and WHEREAS, Section 362.30, Code of Iowa 1962, authorizes the exten- sion of city limits in situations of this character by the adoption of a resolution therefor; and WHEREAS, the future growth, development, and preservation of the public health of the City of Dubuque, Iowa, makes it impera- tive that said territory be made a part of the City of Dubuque, Iowa; and NOW, THEREFORE, be it re- solved by the City Council of the City of Dubuque, Iowa, that the territorial limits of the City of Dubuque, Iowa, be and they are hereby extended to include the area comprising the following de- scribed real estate: Lot 2 of Lot 2 of the North One-half of the Southeast One. Quarter of Section 34, Township 89 North, Range 2 East of the 5th Principal Meridian; Lot 3 of the North One-half of the Southeast One -Quarter of Section 34, Township 89 North, Range 2 East of the 5th Principal Meridian; Lot 2 of Mineral Lot No. 211; all of foregoing being in Du- buque Township, Dubuque Coun- ty, Iowa, according to the record- ed plats thereof. This area is as shown on the plat attached hereto, and by this reference made a part hereof, the boundaries of said area being out- lined in red thereon. 12 Regular Session, January 6, 1964 Passed, adopted, and approved this 6th day of January, 1964. Robert J. Horgan Mayor Eldon A. Pfohl James J. Kean Richard Ludwig Peter J. Takos Councilmen Attest: Leo F. Frommelt City Clerk Mayor Horgan moved the adop- I tion of the resolution. Seconded by Councilman Takos. Carried by the following; vote: Yeas—Mayor Horgan, Council. men Kean, Ludwig, Pfohl, TakoS. Nays—None. RESOLUTION NO. 6.64 WHEREAS, Mr. Arthur M. Bennett was appointed by the City Coun- cil to the Park Board on De- cember 18, 1942, to fill an un- expired term of office; and WHEREAS, Mr. Bennett has played an important part in the main- tenance and development of the City Park System over the past two decades; and WHEREAS, the City of Dubuque has greatly benefited by the un- selfish service of Mr. Bennett; NOW, THEREFORE BE IT RE SOLVED by the City Council of the City of Dubuque, Iowa, that this Resolution be passed and made a matter of record in appreciation of Mr. Bennett's service to his com- munity. BE IT FURTHER RESOLVED that a copy of this Resolution be forwarded to Mr. Arthur M. Ben- nett. Passed, adopted and approved this 6th day of January 1964, Robert J. Horgan Mayor Eldon A. Pfohl ,lames J. Kean Richard Ludwig Peter J. Takos Councilmen Attest: Leo F. Frommelt City Clerk Mayor Horgan moved the adop- tion of the resolution. Seconded by Councilman Takos. Carried by the following vote: Yeas—Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None, RESOLUTION NO. 7.64 WHEREAS, C it y of Dubuque, Iowa, is the owner of Lot 1 of Lot 9 of part of McCraney's 1st Addition in the City of Dubuque, Iowa; and WHEREAS, City Council of Du- buque. Iowa deems that said real estate is no longer needed for any public purpose; and WHEREAS, City Council of Du- buque, Iowa, determines that said real estate should be sold upon a sealed bid basis. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF DUBUQUE, IOWA: Section 1. That the City Clerk be and he is hereby directed to cause notice to be published in the Telegraph -Herald, a newspaper of general circulation published in the City of Dubuque, Iowa, of the intent by t he City of Dubuque, Iowa, to dispose of interest in and to said real estate to the highest bidder for cash and that said bids by prospective purchasers shall be submitted by sealed written bid. Section 2. That the sale of the aforedescribed real estate be made subject to the purchaser paying the costs of publication and that no abstract of title be furnished. Passed, adopted and approved this 6th day of January, A.D., 1964. Robert J. Horgan Mayor Eldon A. Pfohl James J. Kean Richard Ludwig Peter J. Takos Councilmen Attest: Leo F. Frommelt City Clerk Mayor Horgan moved the adop- tion of the resolution. Seconded by Councilman Takos. Carried by the following vote: Yeas — Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. RESOLUTION NO. 664 WfIEREAS, the City Council of Dubuque, Iowa, by virtue of City Ordinance No. 7-54, vacated an alley now platted and known as Lot 146A in Finley's Addition to the City of Dubuque, Iowa; and WHEREAS, Carl Launspach own. er of property abutting thereon t Regular Session, January 6, 15164 13 has made an offer to purchase said Lot 146A in Finley's Addi- tion, for the sum of Two Hundred ($200.00) Dollars; and WHEREAS, City Council of Du- buque, Iowa, deems it in the best public interest to sell said Lot 146A in Finley's Addition. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF DUBUQUE, IOWA: Section 1. That the sale of Lot 146A in Finley's Addition in the City of Dubuque, Iowa, to Carl I.aunspach for the sum of $200.00 he and the same is hereby ap- proved, provided that the said pur- chaser pay the costs of publica- tion and that no abstract of title be furnished. Section 2. That the Mayor and City Clerk be and they are hereby authorized and empowered to exe- cute the attached plat dated Jan- uary 3, 1964, prepared by Bartels, McMahan & LeMay Engineering Co. Section 3. That the City Clerk is hereby ordered to cause notice to be published in the Telegraph - Herald, a newspaper of general circulation published in the City of Dubuque, Iowa, of the intent of the City of Dubuque to dispose of interest in real estate. Passed, adopted and approved this 6th day of January, A.D., 1964. Robert J. Horgan Mayor Eldon A. Pfohl James J. Kean Richard Ludwig Peter J. Takos Councilmen Attest: l,eo F. Frommelt City Clerk Councilman Takos m o v e d the adoption of the resolution. Sec, onded by Mayor Horgan. Carried by the following vote: Yeas — Mayor Horgan, Council. kos men Kean, Ludwig, Nays—None. RESOLUTION NO. 9-64 omplied with the provisions of aw relating to the sale of Cigar- !ttes within the City of Dubuque, owa, be granted a permit to sell 'igarettes a n d Cigarette Papers within said City. Name Address William A. Brown, 2417 Rhomberg Avenue Ralph Smith (Smith Oil Co.), 901 Rbomberg Avenue John M. Delaney, 2319 Prince Street BE IT FURTHER RESOLVED that the bonds filed with the ap- plication be approved. Passed, adopted and approved this 6th day of January, 1964. Robert J. Horgan Mayor Eldon A. Pfohl James J. Kean Richard Ludwig Peter J. T'akos Councilmen BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the following having Attest: Leo F. Frommelt City Clerk Councilman 'rakos m o v e d the adoption of the resolution. Sec- onded by Mayor Horgan. Carried by the following vote: Yeas — Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. RESOLUTION NO. 1064 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, that the following applications be granted and licenses be issued upon the compliance with the terms of the ordinances of the City. Name Address CLASS "B" BEER PERMIT June M. Noel, 2400 Central Avenue William Holt Olson, 1097 Jackson Street Joseph E. Bell, 263 Main Street Mrs. Giannoula Sarris, 720 Main Street Patricia Sarris, 760 East 16th Street William A. Brown, 2417 Rhomber Avenue Emily Scholtes, 600 Central Aver 14 Regular Session, J Passed, adopted and approved this 6th day of January, 1964. Robert J. Horgan Mayor Eldon A. Pfohl James J. Kean Richard Ludwig Peter J. Takos Councilmen Attest: Leo F. Frommelt City Clerk Councilman Takos m o v e d the adoption of the resolution. Sec- onded by Mayor Horgan. Carried by the following vote: Yeas — Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. RESOLUTION NO. 11.64 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. Name Address CLASS "B" BEER PERMIT June M. Noel, 2400 Central Ave- nue William Holt Olson, 1097 Jackson Street Joseph E. Bell, 263 Main Street Mrs. Giannoula Sarris, 720 Main Street Patricia Sarris, 760 East 16th Street William A. Brown, 2417 Rhomberg Avenue Emily Scholtes, 600 Central Ave- nue Be It Further Resolved that the bonds filed by such applicants be and the same are hereby approved. Passed, adopted and approved this 6th day of January, 1964. anuary 6, 1964 _ Robert J. Horgan Mayor Eldon A. Pfohl James J. Kean Richard Ludwig Peter J. Takos Robert J. Horgan Attest: Leo F. Frommelt City Clerk Councilman Takos moved the adoption of the resolution. Second- ed by Councilman Kean. Carried by the following vote: Yeas — Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. Mr. Clyde Cook, the new city planner was presented. Mrs. Otto Donath made inquiry as to why her letters were not read. Councilman Horgan ex- plained to her that due to the fact their case is in litigation at the present time it should not be dis- cussed outside of the Court. Mr. Edward G. Maas reminded the members of the present Coun- cil about the gentleman's agree- ment relative to Moore's Mill project which was given considera- tion by the former council. There being no further business Mayor Horgan moved to adjourn. Seconded by Councilman Takos. Carried by the following vote: Yeas — Mayor Horgan, Council- men Kean, Ludwig, Pfohl. Takos. Nays—None. LEO F. FROMMEI.T City Clerk Al�prored August 10, 1964. Adopted .. A.9uy ...10.J...I Councilmen Z .. K 1 `i City Clerk W/ S/ Special Session, January 20, 1964 CITY COUNCIL OFFICIAL Special Session, January 20, 1964. Council met at 7:00 P.M. C.S.T. Present — Mayor Horgan, Coun- cilmen Kean, Ludwig, Pfohl, Ta- kos- City Manager Gilbert D. Cha. venelle. Mayor Horgan read the call and stated that service thereof had been duly made and this meeting is called to consider authorization to proceed with detailed plans and specifications for the construction of an off-street parking facility bounded by Locust, Bluff, Eighth and Ninth streets and acting on any other business that may prop- erly come before a regular meet- ing of the City Council. January 20, 1964 Honorable Mayor and City Council Gentlemen: I recommend and request that authorization be granted DeLeuw Cather & Company, Consulting En- gineers, to proceed with detailed plans, specifications and contract documents for the construction of an off-street parking facility at the location bounded by Locust, Bluff, Eighth and Ninth Streets. These services to be rendered in accord with Article II Section C of the contract between the City and DeLeuw Cather and Company dated November 5th, 1963. It is also recommended that au- thorization to proceed shall include instructions to the engineers that the facility shall be designed to accommodate approximately 450 automobile parking spaces. Respectfully submitted, Gilbert D. Chavenelle City Manager Mayor Horgan moved that the recommendations and request sub- mitted by the City Manager be ap- proved. Seconded by Councilman Takos. Carried by the following vote: Yeas — Mayor Horgan, Council men Kean, Ludwig, Takos. Nays --Councilman Pfohl. January II. 'cion. Mayor & City Council Re: Fraternal of Orioles 15 1964 Order Gentlemen: On October 7, 1963, the Frater- nal Order of Orioles, Nest #11, voluntarily surrendered their Beer Permit and asked for a refund thereon which matter was referred to the City Manager and City So- licitor. It appears from an investigation by this office that the said organi- zation also had a Liquor Permit which was revoked upon adminis- trative proceedings by the Liquor Control Commission in Des Moines. In my opinion the revocation by the Liquor Control Commission in the above entitled matter does not constitute a conviction as contem- plated by our Beer Ordinance, and I therefore find that there is no legal impediment to refunding the SUM of $225.00 as petitioned by the Fraternal Order of Orioles. Respectfully submitted, R. N. RUSSO City Solicitor Councilman Takos moved that the recommendation of the City Attorney be approved and the Au- ditor instructed to issue proper warrant. Seconded by Councilman Pfohl. Carried by the following vote: Council- men— Mayor Horgan, Tacos men Kean, Ludwig, ga Nays—Nonz. Petition of March of Dimes Du- buque County Chapter requesting permission to hold thacoin c0llec- and 25 h and tion on January the Mothers March on January 31st, presented and read. council- man Takos moved that the peti. tion be referred to the Mayor and Manager for their approval. Sec- onded by Councilman Ludwig. Car- ried by the following vote: Yeas — Mayor Horgan�1C - uncil men Kean, Ludwig, Nays—None. RESOLUTION NO. 12.64 BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the following have com- plied with the provisions of law relating to the sale of Cigarettes within the City of Dubuque, Iowa, be granted a permit to sell Cig- lg Special Session, January 20, 1964 _ arettes and Cigarette Papers with- in said city. Louis Terry Bournias, 2600 Dodge Street—Plaza 20 BE IT FURTHER RESOLVED that the bonds filed with the ap- plication be approved. Passed, adopted and approved this 20th day of January, 1964. Mayor F:]don A. Pfohl James J. Kean Richard Ludwig Peter J. Takos Councilmen Attest: Leo F. Frommelt City Clerk Councilman Takos moved the adoption of the resolution. Second- ed by Mayor Horgan. Carried by the following vote: Yeas — Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays--Npne. Councilman Takos moved that the rules be suspended in order to let anyone present address the Council if they so desire. Second- ed by Councilman Ludwig. Carried by the following vote: Yeas — Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. Mr. Herbert Kiefer of 535 Chest- nut Street addressed the Council by making inquiry as to the financ- ing of the cost of surveys, prelimi- nary plans etc. in the construction of the proposed parking, ramp. He was assured that the money pres- ently being spent is coming from the Parking Meter Fund. There Being no further business Mayor Horgan moved to adjourn. Seconded by Councilman Ludwig. Carried by the follcwink vote: Yeas — Mayor Horgan, Council- men Kean, Ludwig. Pfohl, Takos. Nays—None. LEO F. FROMNIELT City Clerk Approved .. A14J5US t 10 1964. Adopted ....Augur, t... 10, 1964 Councilmen: {V...AVY_f. / ................................. City Clerk Regular Session, February 3, 1964 _ — 17 CITY COUNCIL OFFICIAL Regular Session, February 3, INC There being only two members of the Council present upon roll call the meeting was postponed by the Mayor to February 10, 1964 and subject to call. LEO F. FROMMF.LT City Clerk August 10, 1984 Approved ............................ Adopted ....Auq171 Councilmen OQ At�s�, `^� / City Clerk 18 kdjourned Regular Session, February 10, 1984 CITY COUNCIL OFFICIAL Adjourned Regular Session Feb- ruary 10, 1964. Council met at 7:30 P.M. C.S.T Present — Mayor Horgan, Coun- cilmen Kean, Ludwig, Pfohl, Takos. City Manager Gilbert D. Chave- nelle. Mavor Horgan read the call and stated that service thereof had been duly made and this meeting is an adjourned Regular Meeting of February 3, 1964, for the pur- pose of acting upon such business as may properly come before the meeting. Mr. R. D. Waller, a former mem. ber of the Planning & 'Zoning Com- mission was presented with a pic- ture of Julien Dubuque's Grave by Mayor Horgan in appreciation of his many years of fine service to the City. Mr. Waller acknowledged the gift with deep appreciation. RESOLUTION NO. 13.64 WHEREAS, the City Council of the City of Dubuque appointed Mr. R. D. Waller to the Planning and Zoning Commission on March 10, 1930; and WHEREAS, Mr. Dewey Waller has faithfully served the interest of all citizens of Dubuque for the past thirty-four years; and WHEREAS, he has made a sub- stantial contribution to the orderly growth and development of the City of Dubuque; and WHEREAS, the City Council and the Citizens of Dubuque are indeed grateful to Mr. Waller for his ex- cellent record of community ser- vice; NOW, THEREFORE, Be It Re- solved by the City Council of the City of Dubuque, Iowa, that this Resolution be adopted and made a matter of record and that a copy of said Resolution be sent to Mr. R. D. Waller in appreciation of his many years of service to his com. munity. Passed, adopted and approved this 10th day of February 1964. Robert J. Horgan Mayor Richard Ludwig Peter J. Takos James J. Kean Eldon A. Pfohl Councilmen Attest: Leo F. Frommelt City Clerk Councilman Kean moved the adoption of the resolution. Second- �d by Councilman Takos. Carried by the following vote: Yeas — Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. Mayor Horgan presented a cer- tificate of commendation to Patrol- man James Corbett from the Na- tional Police Officers Association of America, for having distin- guished himself through an act of service. Patrolman Corbett saved the life of a sixteen month old child by removing a large piece of phlegm from the child's throat prior to the time the child was to be taken to a hospital. Patrolman Corbett accepted the award with a deep feeling of emotion and grati- fication. Communication of Iowa Engi- neering Society Health & Safety Committee relative to accidents caused by floors collapsing from overloads and requesting that the building inspector make a survey of all buildings in the City used for storage, presented and read. Councilman Takos moved that the communication be referred to the City Manager and Building Com- missioner for investigation and re- port. Seconded by Mayor Horgan. Carried by the following vote: Yeas — Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. Communication of Robert Ken - line submitting his resignation from the Dubuque Library Board, presented and read. Councilman Takos moved that the resignation be accepted with regret and that a letter of thanks be sent to Mr. Kenline and further that the com- munication also be referred to the Council. Seconded by Councilman Pfohl. Carried by the following vote: Adjourned Regular Session, February 10, 1984 19 Yeas — Mayor Horgan, Council. men Kean, Ludwig, Pfohl, Takos. Nays—None. Communication of Ethel Cheri- oli submitting her application for appointment to the Library Board, presented and read. Councilman Takos moved that the communica- tion be referred to the Council. Seconded by Mayor Horgan. Car- ried by the following vote: Yeas — Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. Communication of KDTH pre. senting the City with a tape re- cording which was made at the dedication of Bissell Harbor last summer, presented and read. Coun- cilman Takos moved that the tape be accepted with thanks and that a place for the tape be indicated in the future and also that the communication be received and filed. Seconded by Mayor Horgan. Carried by the following vote: Yeas — Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. Communication of Transamerica Insurance Group submitting Power of Attorney naming Andrew G. Frommelt as attorney in fact in the amount of $300,000, presented and read. Mayor Horgan moved that the Power of Attorney be re- ceived and filed. Seconded by Councilman Takos. Carried by the following vote' Yeas — Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. Communication of United Fund thanking the Council for their col- lective and individual support in the fall fund drive, presented and read. Councilman Pfohl moved that the communication be re- ceived and filed. Seconded by Mayor Horgan. Carried by the fol- lowing vote: Yeas — Mayor Horgan, Council. men Kean, Ludwig, Pfohl, Takos. Nays—None. Dubuque, Iowa February 6. 1964 To the Honorable Mayor and City Council of Dubuque: On August 29, 1963 the Doc Commission entered into an agree ment with a private firm for cer lain work to be done for the Cit of Dubuque. The cost of this work as agreed upon by both parties was to be based on the rate of $20.00 per hour for the use of the required equipment and the opera- tor's services. The job was to be performed under the supervision of the City Engineer and the Dredge Operator. The total time as reported by the Dredge Operator was 4 hours. At the agreed upon rate of $20.00 per hour the cost to the City of Dubuque for this particular project should have been $80.00. On December 27, 1963 the Dock Commission received a bill for this job in the amount of $385.00, an excess of $305.00 over the proper charge as originally agreed upon. I refused to O.K. the bill for pay- ment as also did Mr. Voelker and I also refused to sign the check. Mr. Mueller, however, 0. K'd the bill and signed a check for $385.00 in payment thereof. For the past four years I have been on the Dock Commission I have vigorously opposed the ap. proval of and the payment of bills that were excessive. My stand against the acceptance of over charges resulted in the saving to the City of Dubuque of several thousand dollars. Threats, innuendoes and pres- sure from many sources failed to remove me from the Commission. Apathy, such as demonstrated by this particular example, however, has brought about my conviction that there remains no alternative for me but to resign. I am accord. ingly hereby tendering my resig- nation from membership on the Dock Commission of the City of Dubuque effective immediately. Respectfully yours, (John J. "Hank" Waltz) Councilman Takos moved that the rules be suspended in order to let anyone present address the Council if they so desire. Second- ed by Councilman Ludwig. Carried by the following vote: Yeas — Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. Mr. Carl Burbach of Thruput Terminal addressed the Council relative to the bill submitted by Dock him in the amount of $385.00, as referred to by Mr. Waltz in his let- ter of resignation. From the first City time his firm tried to bring a barge into back then dock 1962 area ethe QBplant vessel ran liegular Session, February 10, 1964 - 20 Adjourned assured at Yeas — Mayor Horgan, Council. aground. They were that time that the obstruction caus- m Nay ca Ludwig. Pfohl, Takos. ing the grounding would be re- done N, January 27, 1984 moved. Nothing was ever about it. Last fall Mr. Burbach's To the honorable Mayor made an agreement with and City Council compary the Dock Commission to remove Gentlemen: the obstruction in the harbor area. Some time ago you referred to No contract was signed. It was an the city manager the petition of open end agreement, and it was Hillcrest Builders, Inc., regarding done as a favor to the Dock Com- the installation of the storm sewer necessary for Block 22 Key Knolls mission. Councilman Takos moved that Subdivision. the resignation of John J. Hank Although the requested drain has Waltz be accepted and the matter not been constructed yet, Engineer of dispute over the bill submitted White informs me that the neces- by Mr. Burbach be referred to the sary arrangements to solve the. City Solicitor for investigation and problem will be included in the report. Seconded by Mayor Horgan. 1964 Street Program. Carried by the following vote: I am attaching, in explanation, Yeas — Mayor Horgan, Council- Engineer White's letter dated Jan - men Kean, Ludwig, Takos. uary 23rd. Respectfully submitted. Nays—Councilman Pfohl. Gilbert D. Chavenelle Printed Council proceedings City Manager were presented for approval for Mayor Horgan moved that the the months of September, October, communication be received and November 1963. Mayor Horgan filed. Seconded by Councilman moved that the Council proceed- Pfohl. Carried by the following ings for the months of September, vote: October and November 1963 be ap- Yeas -- Mayor Horgan, Council proved as printed. Seconded by men Kean, Ludwig, Pfohl, Takos. Councilman Takos. Carried by the Nays—None. following vote: January 31, 1964 Yeas — Mayor Horgan, Council- To the Honorable Mayor men Kean, Ludwig, Pfohl, Takos. and City Council Nays --None. Gentlemen: Communication of Dubuque Fed- I herewith submit reports of the eration of Labor submitting the City Auditor, City Treasurer, City name of Vincent J. Kaiser for mem. Health Department and City Water bership on the Dock Commission, Works for the month of December, Presented and read. Councilman 1963, as well as a list of claims Kean moved that the communica- and payrolls for which warrants tion be referred to the Council. were issued for the month of De - Seconded by Councilman Pfohl. cember, 1963. Carried by the following vote: I also submit the annual report Yeas — Mayor Horgan, Council- of the City Auditor for the fiscal men Kean, Ludwig, Pfohl, Takos. year beginning January 1, 1963 and Nays—None. ending December 31, 1963. Respectfully submitted, Communication of Mr. and Mrs. Gilbert D. Chavenelle Otto Donath relative to Otto's dis• City Manager missal from city employment ex- Councilman Takos moved that pecting damages from the city for the reports be received and filed. time lost also claiming rental due Seconded by Councilman Kean. for allowing water drainage over Carried by the following vote: their property, presented and read. yeas — Mayor Horgan, Council - Otto Donath addressed the Coun- men Kean, Ludwig, Pfohl, Takos. cil in support of his petition but Nays ---None. was again reminded that all the Proof of Publication, certified to above has become a legal matter. by the: Publisher, of Statement of Mayor Horgan moved that the com- receipts and a list of claims for munication be received and filed. which warrants were issued dur. Seconded by Councilman Takos. ing the month of December 1963, Carried by the following vote: presented and read. Councilman y Adjourned Regular Session, February 10, 1964 21 Takos moved that the proof of pub- Councilman Kean moved that lication be received and filed. Sec• the recommendation be approved. onded by Councilman Kean. Car. Seconded by Mayor Horgan. Car- ried by the following vote: ried by the following vote: Yeas — Mayor Horgan, Council- Yeas — Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. men K—Nonedwig, Pfohl, Takos. Nays—None. February 10, 1984 January 14, 1984 To the Honorable Mayor Hon. Mayor & City Council and City Council, Re: Application for Gentlemen: This is to advise that I have ap. Annexation (John Duggan) proved the following policies and Gentlemen: desire to have your approval on City n - the eating of same for filing, subject to the ap cilAt Y onApplication proval of the City Solicitor: for Du- nexation to the 42.78 nof buque approximately acmes EXCAVATION was filed by John Duggan, Trustee H. M. Steger and F. T. Steger, under the "Regina Duggan Trust." d/b/a Steger Construction Co., Said application for annexation Policy No. LZ 33140, The Fidel- was approved and a resolution an- ity and Casualty Co. nexing said territory being Reso- G. L. McCarten, d/b/a McCarten lution No. 5-64 was adopted, all Plumbing & Heating, Policy No. subject to the approval of the City CGB 5404519, American Surety Solicitor for his examination as to Co. the powers of such trustee to exe- George Saffran, d/b/a Saffran on -cute an annexationplic tion. struction Co., Policy No. odapplication. I Agree - CL 872032, Bituminous Casualty ment dated May 25, 1959 between Corp. Regina Duggan as settler and John Respectfully submitted, Duggan as trustee which Trust Gilbert Chavenelle, 1959 in Book 235,eement was 1led on May 26, Page 546 to 551 City Manager Mayor Horgan moved that filing of Dubuque County Records. of the policies be approved sub- the City From an examination of such it is my opinion that said ject to the approval of Solicitor. Seconded by Councilman records trustee was legally empowered to Takos. Carried by the following execute said apan- t therefore application vote: Yeas — Mayor Horgan, Council- n,said and cation for annexation and Resolu- men Kean, Ludwig, Pfohl, Takos. tion No. 5-64 annexing said terri- Nays—None. tory to the City of Dubuque, Iowa January 20, 1964 is hereby approved. Respectfully submitted, To the Honorable Mayor R. N. Russo and City Council City Solicitor Gentlemen: On January 15. 1963 the Plan- Councilman Kean moved that the communication be received and ning and Zoning Commission con- a matter of record. Seconded sidered the request of H. Theresa made by Councilman Takos. Carried by Hubert of 2577 Greeley St. to va- the following vote: tate Ruth Street. has advised Yeas — Mayor Horgan, Council The City Engineer this Commission that the vacation men Kean, Ludwig, Pfohl, Takos. of Ruth Street would deny access Nays—None. January 15. 1964 to other abutting properties, and is the entrance to lion.Mayor& City that Ruth Street C. Brown,Council a large parcel of property. Based on these considerations, vs. Cit of Dubuque, et al, de the Planning and Zoning Commis- fondants. sion recommends that the petition to vacate Ruth Street be denied. Gentlemen: notice of claim Respectfully submitted, 1980 On Julywas filed by Dorothy C. Brown Dubuque Planning and Zon- against the City of Dubuque claim - ing Commission ing damages as a result of a fall By F. J. Glab, Secretary Ir I Regular Session, February 10, 1964 -- 22 Adjourned sidewalk on or about I upon receipt of duly executed re. on a public May 24, 1960, at or near 36 Locust lease. St., Dubuque. Iowa. Orig final claim is attached here - On April 5, 1962 notice of suit to Respectfully submitted, was served on the City of r►ubuque defendants joined with R. N. Russo and other the City of Dubuque wherein Dor- City Attorney Councilman Takos moved that othy C. Brown claimed damages the amount of $15,000.00. At - the recommendation of the City At - of torney be approved and the Audi - That on the 13th day of .January filed a dis. ton instructed to issue proper war 1964, Dorothy C. Brown in the above rant. Seconded by Mayor Horgan. missal with prejudice cause thereby dismissing Carried by the following vote: entitled her action against the City of Du.Yeas —Mayor Horgan, Council- buque and the other defendants men Kean, Ludwig, Pfohl, Takos. at no cost to the City of Dubuque. Nays—None. Notice of claim and original no- January 31, 1964 tice with petition attached in Law 37073 in the District Court of lion. Mayor &City Council No. Iowa, in and for Dubuque County, Re: Mary L. Whyte Dorothy C. Brown, plaintiff, vs. 1020 Kirkwood City of Dubuque, et al, defendants, q lowa is attached hereto. Gentlemen: Respectfully submitted, On May 2, 1962, Mary L. Whyte R. N. Russo of 1020 Kirkwood, Dubuque, Iowa, City Attorney filed claim against the City of Du - Councilman Takos moved that buque in the amount of $5,000.00 the communication and recommen- claiming personal injury as a result dation be approved. Seconded by of a fall on a public walk at 998 Councilman Pfohl. Carried by the Kirkwood by reason of an accumu- following vote: lation of ice and snow thereat. Yeas — Mayor Horgan, Council- I have made an investigation of men Kean, Ludwig, Pfohl, Takos. this matter and conferred with the Nays—None. claimant's attorney who has made an offer of settlement in the January 14, 1964 amount of $900.00. Hon. Mayor & City Council It is the recommendation of the Re: Ann Howes City Attorney that said offer of Gentlemen: settlement be accepted in the On March 2, 1962, Ann Howes of amount of $900.00 and the City 1012 Rhomberg Avenue, Dubuque, Auditor be instructed to draw a Iowa, filed claim against the City warrant payable to Mary L. Whyte for damages as a result of a fall in the amount of $900.00 and trans - on February 19. 1962 at or near mit same to the City Attorney for 525 Rhomberg Avenue, as a result delivery to claimant upon receipt of a defective condition on the pub- of duly executed release. lic walk by reason of ice thereon. The said claimant suffered a I have made an investigation of fractured right wrist, this matter and find that claimant Original claim is attached here suffered a fracture to the right to ankle and I have conferred with Respectfully submitted, her attorney, Mr. Karl Kenline, R. N. Russo who has made an offer of settle- City Attorney ment in the amount of $425,00. It is the recommendation of the Councilman Kean moved that City Attorney that said offer of the recommendation of the City At - settlement be accepted and that torney be approved and the Audi - the City Auditor be instructed to for instructed to issue proper war - draw a warrant payable to Ann rant. Seconded by Councilman To. Howes and Robert Howes, her hus• kos. Carried by the following vote: band, in the amount of $425.00 and Yeas -- Mayor Horgan, Council - to transmit the same to the City men Kean, Ludwig, Pfohl, Takos Attorney for delivery to claimant Nays—None. i, Adjourned Regular Session, February 10, 1964 23 February 7, 1964 notice of claim be referred to the Hon. Mayor & City Council City Solicitor for investigation and Re: Mrs. Genevieve Blackmon report. Seconded by Councilman Gentlemen: Kean. Carried by the following On March 4, 1963 Mrs. Genevieve vote: Blackmon, 2220 West Third St., Yeas — Mayor Horgan, Council - Dubuque, Iowa, filed claim for men Kean, Ludwig, Pfohl, Takos. damages in an undetermined ,Nays—None. amount resulting of a backing of Notice of claim of Hazel A. sewer into her premises on Febru- Schwartz, in the amount of $31.07, ary 19, 1963. for personal injuries received in a I have made an investigation of fall on an icy crosswalk at 10th & this matter and find no actionable Locust St. on January 10, 1964, negligence on the part of City of presented and read. Councilman Dubuque and therefore recommend Takos moved that the notice of denial of said claim. claim be referred to the City So - Original claim is attached here- licitor for investigation and report. to. Respectfully submitted, Seconded by Councilman Kean. Carried by the following vote: R. Russo yeas — Mayor Horgan, Council- City Attorney y men Kean, Ludwig, Pfohl, Takos. Councilman Takos moved that the City Nays—None. the recommendation of Attorney be approved. Seconded by Notice of claim of L. F. Kessler Councilman Kean. Carried by the of 210 James Street, in the amount of $162.00, for expense incurred following vote: Mayor Horgan, Council- as the result of a sewer back up Yeas — men Kean, Ludwig, Pfohl, Takos. at his home on January 10, 1964, presented and read. Councilman Nays—None. Notice of claim of Evelyn B. Takos moved that the notice of claim be referred to the City So - Healey, in the amount of $35.75, for personal injuries received at licitor for investigation and re - Seconded by Councilman a fall on a defective sidewalk at ort. Kean. Carried by the following 1613 N. Grandview Ave., on No- vember 14, 1963, presented and vote: Mayor Horgan, Council - read. Councilman Takos moved that the notice of claim be referred Yeas — men Kean, Ludwig, Pfohl, Takos. to the City Solicitor for investi- Seconded by Nays—None. Notice of suit of Agnes J. gation and report. Councilman Kean. Carried by the c errer, in the amount of $5000 injuries received in following vote: Yeas — Mayor Horgan, Council- personal a fall on an icy sidewalk at 661 street on December 2, 1983, men Kean, Ludwig, Pfohl, Takos. Main presented and read. Councilman Nays—None. Notice of claim of Mrs. Eldon F. Takos moved that the notice of to the City Solici- Reiter, in an unspecified amount, suit be referred for investigation r port for personal injuries received in a defective sidewalk at 301 for ilmaand Seconded by ean fall on a E. 22nd Street on December 29, Carried bythe following vote: Mayor Horgan, council- 1963, presented and read. Council- Yeas — Kean, Ludwig, Pfohl, Takos. man Takos moved that the notice men of claim be referred to the City So- Nays—None. Notice of claim of Mrs. Lillian licitor for investigation and report. in the amount of $15.00, Seconded by Councilman Kean. VanNatta incurred Carried by the following vote: for exersonalnse injury received in a Yeas — Mayor Horgan, Cosult uncil- men Kean, Ludwig, Pfohl, Takos. of a p all on a defective sidewk in front of Mercy Hospital, p resented Nays—None. Notice of claim of Dernice Hus- and read. Councilman Takos move claim be re - ton, in an unspecified amount, for that the notice of the City Solicitor for an- personal injuries received in a fall the north ferred to vestCreport Seconded by on an icy sidewalk on side of 12th Street on December byoudc land following vote: 26, 1963, presented and read. that the the Yeas — Mayor Horgan, Council- Councilman Takos moved Regular Session, February 10, 1964 24 Adjourned Ludwig. Pfohl, Takos. Yeas — Mayor Horgan, Council. men Kean, men Kean, Ludwig, Pfohl, Takos. Nays—None. Nays—None. ORDINANCE NO. 2.64 the Petition of Dubuque Packing Co. An Ordinance Amending requesting renewal of a restricted q budget as approved by Resolution Ordinance No. 1.64, plumber's license for Archie T. No. 146.63 and Kuehn, superintendent in charge presented and read. pres of maintenance at their plant, pre. Ccented an Takos moved that had be considered sented and read. Councilman Kean the reading ; the first reading of the Ordinance. moved that the petition be re - ferred to the Plumbing Board. Sec. Seconded by Mayor Horgan. Car- onded by Councilman Takos. Car- ried by the following vote: Council- ried by the following vote: Yeas — Mayor Horgan, Ludwig, Pfohl, Takos. yeas — Mayor Horgan, Council. men Kean. men Kean, Ludwig, 111ohl, Takos, Nays—None. Councilman Takos moved that reading of the Nays—None. Petition of Westchester Inc. re - the rule requiring on three separate days questing a zoning classification of Ordinance be waived. Seconded by Council- Lot 1 of Block 4 in Westchester Ludwig. Carried by the follow- Sub. to a multiple Family area, pre. man rented and read. Councilman Takos ing vote: Yeas — Mayor Horgan. Council- Ludwig, Pfohl, Takos. moved that the petition be re - ferred to the Planning & Zoning men Kean, Nays—None. Commission. Seconded by Council - Councilman Takos moved that man Kean. Carried by the follow - a public hearing be held on the March 2, 1964, at ing vote: Yeas — Mayor Horgan, Council - Ordinance on 7:30 o'clock P.M. in the Council men Kean, Ludwig, Pfohl, Takos. Chamber at the City Hall and that Nays—None. the City Clerk be instructed to Petition of Leo L. Hartmann re- publish notice of the hearing in questing the erection of a street Ventura the manner required by law. Sec- onded by Councilman Ludwig. light at the corner of Drive do Pleasant View, presented Carried by the following vote: and read. Mayor Horgan moved to Yeas — Mayor Horgan, Council- that the petition be referred Electrical men Kean, Ludwig, Pfohl, Takos. the City Manager and for investigation and re - Nays—None. Petition for suspension of taxes Inspector port. Seconded by Councilman on account of old age submitted by Takos. Carried by the following the County Auditor in the case of vote: Council - George H. Brandt on the Sir! of Yeas—Mayor Horgan, Ludwig, Pfohl, Takos. Lot 162 in East Dubuque Addn. men Kean, presented and read. Councilman 'Takos Nays—None. Albert Burrows et al moved that the petition be granted and the Clerk instructed Petition of protesting against the condition of to notify the County Auditor. Sec. the Jacobson junk yard in the 1200 onded by Councilman Kean. Car- block on Elm Street, presented and ried by the following vote: read. Councilman Pfohl made men. Yeas — Mayor Horgan, Council- tion of the junk like appearance on men Kean, Ludwig, Pfohl, Takos. parts of Valley Street which has Nays --None. been brought to his attention. Petition of Mrs. A. C. Bassler of Councilman Takos moved that both 653% Chestnut St. requesting the the written and verbal petition be erection of a street light at the cur- referred to the City Manager and ner of Chestnut & Walnut Streets Building Commissioner for investi- and also to inform the property gation and report. Seconded by uwners on Rose Street as to the Mayor Horgan. Carried by the fol - pour condition of their sidewalks, lowing vote: presented and read. Councilman Yeas—Mayor Horgan, Council - Kean moved that the petition be men Kean, Ludwig, Pfohl, Takos. referred to the City Manager, En. Nays—None. gineering Department and Side. Petition of General Fitzhugh Lee walk Inspector. Seconded by Coun- Auxiliary #1 U.S.W.V, requesting oilman Takos. Carried by the fol. permission to hold a Carnation Day lowing vote: on April 25, 1964, presented and Adjourned Regular Session, February 10, 1904 25 read. Councilman Takos moved that the petition be referred to the Mayor and City Manager. Seconded by Councilman Pfohl. Carried by the following vote: Yeas—Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. Petition of Bernice E. Kress, re- questing a refund of $25.00 on the unexpired portion of cigarette license No. 224, presented and read. Councilman Takos moved that the refund be granted and the Auditor instructed to issue proper warrant. Seconded by Coun- cilman Kean. Carried by the fol- lowing vote: Yeas—Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. Petition of Bernice Platt re- questing a refund of $100.00, on the unexpired portion of Class "B" beer permit No. 102, presented and read. Councilman Takos moved that the refund be granted and the Auditor instructed to issue proper warrant. Seconded by Councilman Kean. Carried by the following vote: Yeas—Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. Petition of Bernice Platt re- questing a refund of $25.00, on the unexpired portion of cigarette License No. 278, presented and read. Councilman Takos moved that the refund be granted and the Auditor instructed to issue proper warrant. Seconded by Coun- cilman Kean. Carried by the follow- ing vote: Yeas—Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. Petition of John Henry request- ing a refund of $25-00 on the un- expired portion of cigarette license No. 72, presented and read. Coun- cilman Takos moved that the re- fund be granted and the Auditor instructed to issue proper warrant. Seconded by Councilman Kean. Carried by the following vote: Yeas—Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos Nays—None. Petition of Mrs. Louis Anthoin requesting a refund of $25.00 0 the unexpired portion of cigarette license No. 115, presented and read. Councilman Takos moved that. the petition be granted and the Auditor instructed to issue proper warrant. Seconded by Councilman Kean. Carried by the following vote: Yeas—Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. RESOLUTION NO. 14.64 WHEREAS, at the regular munici- pal election held in the City of Dubuque, Iowa, on November 5, 1963, there was submitted to the qualified electors of the City of Dubuque, to be voted upon by them, the proposition of whether Daylight Saving Time should be observed annually in the City of Dubuque during the year 1964 and the year 1965; and WHEREAS, the qualified electors of the City of Dubuque favored such a proposition by a margin of over two to one; NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: SECTION 1—That the official busi- ness of the City of Dubuque shall be conducted on Daylight Saving Time of one hour per day from the 7th day of June, 1964, to the 6th day of September, 1964, be- ginning with the 7th day of June, 1964, 2:00 A.M. and ending Sep- tember 6, 1964 at 2:00 A.M. SECTION 2—That the mayor is hereby authorized and directed to invite the Citizens of the City of Dubuque and its environs to observe Daylight Saving Time during the above period. Passed, adopted and approved this 10th day of February, 1964. Robert J. Horgan Mayor Richard Ludwig Peter J. Takos James J. Kean Eldon A. Pfohl Councilmen Attest: Leo F. Frommelt City Clerk Councilman Takos moved the adoption of the resolution. Second. ed by Councilman Kean. Carried e by the following vote: n Yeas --Mayor Horgan, Council- men Kean. Ludwig, Pfohl, Takos. Nays—None. 28 Adjourned Regular Session, Febniary 10, —1984 April 26. 1963 Honorable Mayor and City Council City of Dubuque Gentlemen: The undersigned owner of West- chester, a subdivision abutting the City of Dubuque and located in the North Fast One Quarter of Section 21 Township 89 North Range 2 East of the 5th Principal Meridian, hereby petitions your honorable body to annex the following de- scribed portion of Westchester to the City of Dubuque, Iowa: Lots 1 to 11 inclusive of Block 6, Block 7, Lots 1 to 18 inclu sive Block 8, Lots 2 to 9 in- clusive Block 9, Lots 23 and 24 Block 10, Lots 15 and 16 Block 11, Lots 21 to 26 inclusive Block 12, and that portion of Key Way, Woodland Drive, South Way, Delmonaco Drive and Foothill Road abutting said lots and within the limits described as follows: Beginning at the S W Corner of Lot 1 Block 5 and running West to the S W Corner of Lot 9 Block 9; thence North to the S W Corner of Lot 1 Block 9; thence East to the S E Corner of Lot 1 Block 9; thence North to N E Corner of Lot 1 Block 9; thence to S W Corner of Lot 24 Block 10; thence along the North lines of Lot 23 Block 10, Lot 15 and 16 Block 11, Lots 21, 22, 23, 24, 25 and 26 Block 12; thence East to the East line of Woodland D r i v e; thence South along the East line of Woodland Drive to the S W Corner of Lot 1 Block 5. Plans are under preparation for the construction of a sewer and water mains and laterals and street Paving all in accordance with City of Dubuque specifications. Respectfully submitted, WESTCHESTER, INC. Homer Butt—President Councilman Takos moved that the petition be granted. Seconded by Councilman Pfohl. Carried by the following vote: Yeas --Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays --None. Petition of Dubuque Community School district joining in the peti tion with Westchester Inc. for the annexation of a portion of "West• chester•' and more particularly Lot 9 Block 8 and Block 7 "Westchest. er•• which has been contracted for purchase, presented and read. Councilman Takos moved that the request be granted. Seconded by Councilmen Kean. Carried by the following vote. Yeas—Mayor Horgan, Council. men Kean, Ludwig, Pfohl. Takos. Nays—None. RESOLUTION NO. 15.64 Whereas, the owners of West• chester, a subdivision partially within the city limits and in the North East One -Quarter of Section 21 Township 89 'north Range 2 East of the 5th Principal Meridian has petitioned for annexation of an additional portion of the sub• division to the City of Dubuque, Iowa and Whereas, the said territory is being substantially built up and; Whereas, the inhabitants of said territory will be enabled to secure the benefits of city government in the way of police and fire pro- tection if said territory is incorpor• ated within the city limits of the City of Dubuque, Iowa; and Whereas, the inhabitants of said territory will be enabled to secure water, sewer and other municipal services if said territory is incorp- orated within the city limits of the City of Dubuque, Iowa; and Whereas, Section 362.30, Code of Iowa 1958, authorize the extension Of city limits in situations of this character by the adoption of a resolution therefore; and Whereas, the future growth, de- velopment, and preservation of the Public health of the City of Du- buque, Iowa, makes it imperative that said territory be made a part If the City of Dubuque. Iowa; and Whereas, it is necessary to pro- vide for the orderly and systematic growth and development of the ter. ritory adjoining the City of Du- buque, Iowa; Now Therefore, Be It Resolved by the City Council of the City of Dubuque, Iowa, that the territorial limits of the City of Dubuque, Iowa, be and they are hereby ex- tended Westerly from the West boundary of Blocks 3, 4 and 5 West- chester, by annexing to the City of Dubuque, Iowa, the territory de scribed as follows: lots 1 to 11 inclusive of Block Adjourned Regular Session, February 10, 1964 27 ----------- 6, Block 7, Lots 1 to 18 inclu. sive Block 8, Lots 2 to 9 in. clusive Block 9, Lots 23 and 24, Block 10, Lots 15 and 16 Block 11, Lots 21 to 26 inclusive Block 12, and that portion of Key Way, Woodland Drive, South Way, Delmonaco Drive and Foothill Road abutting said lots and within the limits described as follows: Beginning at the S W Corner of Lot 1 Block 5 and running 'Vest to the S W Corner of Lot 9 Block 9; thence North to the S W Corner of Lot 1 Block 9; thence East to the S E Cor- ner of Lot 1 Block 9; thence North to N E Corner of Lot 1 Block 9, thence to S W Corner of Lot 24 Block 10; thence along the North lines of Lot 23 Block 10, Lot 15 and 16 Block 11, Lots 21, 22, 23, 24, 25 and 26 Block 12; thence East to the East line of Wood- land Drive; thence South along the East line of Woodlawr. Drive to the S W Corner of Lut 1 Block 5. Passed, adopted and approved the 10th day of February, 1964. Robert J. Horgan Mayor Richard Ludwig Peter J. Takos ,tames J. Kean Eldon A. Pfohl Councilmen Attest: Leo F. Frommelt City Clerk Councilman Takos moved the adoption of the resolution. Second- ed by Councilman Kean. Carried by the following vote: Yeas—Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. Proof of Publication, certified to by the Publisher, of notice of public hearing to consider proposal to dispose of Lot 1 of Lot 9 of part of McCraneys 1st Addition in the City of Dubuque, Iowa, present- ed and read. No written objections were file and no objectors were present in the Council Chamber at the time of the public hearing. Mayor Hor gan moved that the proof of pub lication be received and filed. Sec onded by Councilman Takos. Car ried by the. following vote: Yeas—Mayor Horgan, Council- men Kean. Ludwig, Pfohl, Takos. Nays—None. The following sealed bids were received for the purchase of Lot 1 of Lot 9 of part of McCraneys 1st Addition: Mrs. Monica Reilly $1505.00 — certified check enclosed $150.50. Giese Sheet Metal Co. $1017.00— certified check enclosed $101.70. Irvin A. Oeth $515.00 --certified check enclosed $51.50. Councilman Takos moved that the bid of Airs. Monica Reilly in the amount of $1505.00 be acceptc,l for the purchase of Lot 1 of Lot 9 of part of McCraneys 1st Addition in the City of Dubuque, Iowa and that the certified checks be re- turned to the unsuccessful bidders. Seconded by Mayor Horgan. Car- ried by the following vote: Yeas—Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. RESOLUTION NO. 16-64 WHEREAS, pursuant to resolu- tion and notice the City Council of the City of Dubuque met on the 10th day of February 1964, same being the adjourned regular meet- ing of February 3, 1964, in the City Council Chamber in the City Hall to consider the proposal to dispose of the hereinafter described real estate, at which hearing all inter- ested parties were afforded an op- portunity to be heard for or against such proposal; and WHEREAS, pursuant to publish- ed notice in the Telegraph -Herald on January 13th and 20th, 1964, scaled bids for the purchase of said property were received up to 4 o'clock P.M. on February 3, 1964, and were at said time and place presented to the City Council and opened and the highest sealed bid was determined to be that of Mrs. Monica Reilly in the amount of $1505.00 and it was thereupon determined that the bid of Mrs. Monica Reilly in the amount of $1505.00 was the best bid and should be accepted by the City. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the bid of Mrs. Monica Reilly in the amount of $1505.00 for the purchase of Lot 1 of Lot 9 of part of McCraney's 1st Addition, in 28 Adjourned Regular Session, Febmary 10, 1964 P.M., same being an adjourned meeting of February 3, 1964, 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 interested parties were afforded an opportunity to be heard for or against such proposal to dispose of interest of City of Dubuque in and to the following described real estate: Lot 146A Finley's Addition to the City of Dubuque, Iowa, sub- ject to easements for public util- ities; and WHEREAS, there being no writ. ten or oral objections to dispose of the interest of City of Dubuque in the above described real estate to Cary Launspach for the sum of $200.00. Now Therefore Be It Resolved by the City Council 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, to -wit: Lot 146A Finley's Addition in the City of Dubuque, Iowa, subject to easements for public utilities, to Carl Launspach for the sum of $200.00 be and the same is here. by approved: Section 2. That the Mayor and City Clerk are hereby authorized and empowered to execute the Quit Claim Deed of City of Du- buque, conveying to Carl Launs- pach all its rights, title and inter. est in and to the hereinabove de- scribed real estate and to deliver the same upon receipt of the pur- chase price of $200.00 plus the costs of publication. Passed, adopted and approved this 10th day of February, 1964. Robert J. Horgan Mayor Richard Ludwig Peter J. Takos Eldon A. Pfohl James J. Kean Councilmen Attest: Leo F. Frommelt City Clerk Councilman Kean moved approv- al of the resolution. Seconded by Councilman Takos. Carried by the following vote: Yeas— Mayor Horgan, council- men Kean, Ludwig, Pfohl, Takos. Nays—None. the City of Dubuque, Dubuque County, Iowa, is hereby accepted and the Mayor and the City Clerk are hereby authorized and empowered to exe• cute the Quit Claim Deed of the City of Dubuque releasing and can- veying to Mrs. Monica Reilly all of its right, title and interest in and to the above described real estate and to deliver the same to the said Mrs. Monica Reilly upon re- ceipt of $1505.00 in cash. plus pub- lication costs in the amount of $24.&9. Section 2. That the City Clerk be and he is hereby authorized and directed to record a certified copy of this Resolution in the of- fice of the County Recorder of Dubuque County, Iowa. Passed by recorded roll call vote and approved this 10th day of Feb- ruary, A.D., 1964. Robert J. Horgan Mayor Richard Ludwig Peter J. Takos James J. Kean Eldon A. Pfohl Councilmen Attest: Leo F. Frommelt City Clerk Mayor Horgan moved the adnp- tion of the resolution. Seconded by Councilman Takos. Carried by the following vote: Yeas—Mayor Horgan, Council. men Kean, Ludwig, Pfohl, Takos. Nays --None. Proof of Publication, certified to by the Publisher, of notice of put. lie hearing to consider proposal to dispose of Lot 146A Finley's Addn, to Carl Launspach in the amount of 5200.00, 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 hear- ing, Mayor Horgan moved that the Proof of publication be received and filed. Seconded by Councilman Takos. Carried by the following vote: Yeas — Mayor Horgan, Council. men Kean, Ludwig, Pfohl, Takos. Nays -.._None, RESOLUTION NO. 17.64 WHEREAS, pursuant to resolu- tion and published notice of time and place of hearing, City Council of Dubuque, Iowa, on the 10th day of February 1964, at 7:30 o'clock Adjourned Regular Session, February 10, 1964 29 February 10, 1964 To the Honorable Mayor and City Council Gentlemen: The eighty-four inch (84") storm sewer in Clover Hills Addition has been completed in accordance with plans and specifications by Fon- dell & Sons, Inc, of Dubuque, Iowa. I recommend the acceptance of the improvement. Very truly yours, Gilbert D. Chavenelle City Manager Councilman Kean moved that the recommendation be approved. Seconded by Councilman Takos. Carried by the following vote: Yeas — Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. FINAL ESTIMATE RESOLUTION NO. 18.64 WHEREAS, the contract for the construction of an eight -four (84") R.C.C.P. Storm Sewer from the ex- isting eighty-four inch storm sewer in Lot 6 of Block 23 of Clover Hills Addition to a point approximately one hundred feet has been com- pleted and the City Engineer has submitted his final estimate show. ing the cost thereof including the cost of estimates, notices, inspec- tion, and preparing the assessment and plat, now therefore, BE IT RESOLVED, by the City Council of the City of Dubuque, That the cost of said improve- ment is hereby determined to be $5,035.55. That none of the cost thereof shall be assessable upon private property and $5,035.55 shall be paid from the Kaufmann Avenue Storm Sewer Bond Issue of the City of Dubuque. Passed, adopted and approved this 10th day of February 1964. Robert J. Horgan Mayor Richard Ludwig Peter J. Takos Eldon A. Pfohl James J. Kean Councilmen Attest: Leo F. Frommelt City Clerk Councilman Kean moved th adoption of the resolution. Second ed by Councilman Takos. Carrie by the following vote: Yeas — Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. (A Resolution Accepting Im- provement) RESOLUTION NO. 1964 WHEREAS, the contract for the construction of an eighty-four inch (841) R.C.C.P. Storm Sewer from the existing eighty-four inch storm sewer in Lot 6 of Block 23 of Clov- er Hills Addition to a point ap- proximately one hundred feet east- erly, has been completed and the City Managerin has examined the work and filed his certificate stat- ing that the same has been com- pleted according to the terms of the contract, plans and specifica- tions and recommends its accept- ance, now therefore, BE IT RESOLVED, by the City Council of the City of Dubuque, that the recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted. BE IT FURTHER RESOLVED, that the City Treasurer be and he is hereby directed to pay to the contractor from the Kaufmann Avenue Storm Sewer Bond Lssue in amount equal to the amount of his contract, less any retained percent- age provided for therein. Passed, adopted and approved this 10th day of February, 1964. Robert J. Horgan Mayor Richard Ludwig Peter J. Takos Eldon A. Pfohl James J. Kean Councilmen Attest: Leo F. Frommelt City Clerk Councilman Kean moved the adoption of the resolution. Sec- onded by Councilman Takos. Car- ried by the following vote: Yeas — Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. RESOLUTION NO. 20.64 Approval of Preliminary Esti. mate, proposed plans and specifi- cations, form of contract, plat and all other documents, and ordered filed for public inspection, for the e extension of the twelve inch Cat. fish Creek Sanitary Sewer from Carried the existing sanitary sewer in Pennsylvania Avenue northwe.ster- 30 Adjourned Regular Session, February 10, 1964 ly through tte E. 300'-W430' Lot 1 of Lot 1 of the NW1/i-SE3/4 to 2 of Lot. 2 of SE'14-SE'14: E. 80'- the westerly propertly line of said W.130' -W.430' Lot 2 of Lot 2— Lot: all of the above described SE'/4-SE'/4: W. 751.5' Lot 1 of Lot property is located in Section 21 1 of Lot 1 of the SEY4-SEV4; and T 89 N, R 2E, 5th P.M. Lot 1 of Lot 1 and I.ot 2 of Lot I BE IT THEREFORE RESOLVED of the NE'/4-NE'/4 to Station 22+ that the City Council on its own 57.79, thence westerly through Lot motion or upon petition of prop. 1 of Lot i of NW'/4-SE% to the erty owners, deems it advisable westerly property line of said lot; and necessary for the public wel. all of the above described prop- (are to make the herein mentioned erty is located in Section 21 T. improvement. and unless property 89N. R. 2E, 5th P. M., at an esti- owners at the time of the final con. mated cost of $35,928.00, present- sideration of this proposed resolu- ed and read. Councilman Kean tion have on file with the City moved the approval of the resolu- Clerk objections to the amount of tion. Seconded by Councilman Ta- the cost of improvement, they shall kos. Carried by the following vote: be seemed to have waived all ob- Yeas — Mayor Horgan, Council- jections thereto. men Kean, Ludwig, Pfohl, Takos. Said improvement shall be con- Nays—None. structed and done in accordance Communication of H i 11 c r e s t with the pians and specifications Builders Inc, approving the gener- which have been prepared therefor al location of the proposed Catfish by the City Engineer which have Creek Sewer Extension and re- been approved by the City Council questing that the City will work and are now on file with the City with their engineering firm so that Clerk. That the cost and expense the location of the proposed sewer of making said improvement will will tie in with Hillcrest Builders be paid from the Sanitation Fund. Inc. future development, presented and read. Councilman Takos moved The above resolution was intro - that the communication be re dosed, approved and ordered ceived and filed. Seconded by laced on file with the Cit p y Clerk Councilman Horgan. Carried by this 10th day of February, 1964. the following vote: Approved and placed on file for Yeas — Mayor Horgan, Council. final action. men Kean, Ludwig, Pfohl, Takos. Approved: Nays—None. Robert .I. Horgan (Necessity for Improvement) Mayor RESOLUTION NO. 21-64 Richard Ludwig WHEREAS, proposed plans, Peter J. Takos specifications, form of contract Eldon A. Pfohl have been duly prepared and ap. James J. Kcan proved by the City Council of the Councilmen City of Dubuque and are now on Attest: file in the office of the City Clerk Leo F. Frommelt showing among other things the. City Clerk following: Councilman Kean moved the ap- t. The street to be improved. proval of the. resolution. Seconded 2. The plan of such improve- by Councilman Takos. Carried by ment, the following vote: 3. An estimate of the cost of Yeas — Mayor Horgan, Council - the proposed improvement. men Kean, Ludwig, Pfohl, Takos. For the extension of the twelve Nays—None. inch Catfish Creek Sanitary Sewer (Fixing Date of Hearing) from the existing sanitary sewer in RESOLUTION NO. 22.64 Pennsylvania Avenue northwester. WHEREAS, the City Council of ly through the E300' -W430' Lot 2 the City of Dubuque, Iowa has giv- of Lot 2 of the SE 1/4-SEI/4: E80' en its preliminary approval on the W130' -W430' Lot 2 of Lot 2--SE'/4- proposed plans, specifications, and SEY4: W751.5—Lot I of Lot 1 of form of contract and placed same Lot 1 of the SF'/4-SE'/4: and I.ot on file in the office of the City 1 of Lot 1 and Lot 2 of Lot 1 of Clerk for public inspection for the the NE 1/4-NE'/4 to Station 22+ 57.79, thence westerly through extension of the twelve inch Cat - Lot fish Creek Sanitary Sewer from the Adjourned Regular Session, February 10, 1964 31 existing sanitary sewer in Penn- sylvania Avenue northwesterly through the E 300'-W 430' of Lot 2 of Lot 2 of the SEY4-SEY4: E 80% W 130'-W 430' of Lot 2 of Lot 2- SE'/4-SEY4: W 751.5' Lot 1 of Lot 1 of Lot 1 of the SEY4-SEY4: and Lot 1 of Lot 1 and Lot 2 of Lot 1 of the NE'/4-NEY4 to Station 22 + 57.79, thence westerly through Lot 1 of Lot 1 of the NWY4-SE'/4 to the westerly property line of said Lot: All of the above described property is located in Section 21 T 89N, R 2E, 5th P.M. BE IT THEREFORE RESOLVED that on the 16th day of March, 1964, a public hearing will be held at 7:30 P.M. in the Council Cham- ber of the City of Dubuque at which time the objectors for the proposed improvement may appear and make objection to the pro- posed plans and specifications and proposed form of contract, to the cost of the improvement 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 published in the City of Dubuque which shall be not less than ten (10) days prior to the day fixed for its consideration, that the City Clerk be and he is hereby directzW to have published the Notice of Pendency for said improvement, and the City Clerk is hereby di- rected to advertise for proposals for the construction of the im• provement. Passed, adopted and approved this 10th day of February, 1964. Robert J. Horgan Mayor Richard Ludwig Peter J. Takos Eldon A. Pfohl James J. Kean Councilmen Attest: Leo F. Frommelt City Clerk Councilman Kean moved the adoption of the resolution. Second ed by Mayor Horgan. Carried b; the following vote: Yeas—Mayor Horgan, Council men Kean, Ludwig, Pfohl, Takof Nays—None. RESOLUTION NO. 23.64 WHEREAS, there being present ed the application of petitioners I. writing, being Mr. and Mrs. McDoi nell, 847 Kaufmann Avenue, Di uque, Iowa, and Richard B. Wold nd Genevieve Wold, 2608 Broad - ray Street, Dubuque, Iowa, for an asement in, over and across Lot 2 if Lot 51 and Lot 1 of 52 of lurton's Addition In the City of )ubuque, Iowa; and WHEREAS, the City Council has examined said petition and being ally advised in the premises finds hat easement should be granted o petitioners. NOW THEREFORE BE IT RE- ;OLVED BY THE CITY COUNCIL )F DUBUQUE, IOWA: Section 1. That the Mayor and "ity Clerk be and they are hereby authorized and directed to execute i grant of easement to Wayne R. McDonnell and Patricia L. McDon- nell, husband and wife; Violet T. McDonnell; Richard B. Wold and Genevieve Wold, husband and wife; Glen E. McNamer and Martha Me- Namer, husband and wife; J. T. Shanahan, Edwin & Agnes Frith, Eva Olds Schneider and Mettel Realty & Investment Co., affecting the following described real estate - Lot 1 of Lot 52 of Burton's Addition and Lot 2 of Lot 51 of Burton's Addition in the City of Dubuque, Iowa, and to execute the instrument granting such easement attached hereto. Passed, adopted and approved this 10th day of February A.D. 1964. Robert J. Horgan Mayor Richard Ludwig Peter J. Takos Eldon A. Pfohl James J. Kean Councilmen Attest: Leo F. Frommelt City Clerk Mayor Horgan moved the adop- tion of the resolution. Seconded by Councilman Kean. Carried by the following vote: Yeas—Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. GRANT OF EASEMENT KNOW ALL MEN BY THE PRE- SENTS: That City of Dubuque, Iowa, a Municipal Corporation, for and in consideration of ONE ($1.00) DOL, LAR and other good and valuable consideration, receipt whereof is herewith acknowledged, grants un- 32 Adjourned Regular Session, February 10, 1964________ to Wayne R. McDonnell and Patric- ia L. McDonnell, husband and wife, Violet T. McDonnell; Richard B. Wold and Genevieve Wold, hus- band and wife; Glenn E. McNamer and Martha McNamer, husband and wife, J. T. Shanahan, Edwin & Agnes Frith, Eva Olds Schneider and Mettel Realty & Investment Co., their heirs, administrators and assigns a perpetual easement, right, privilege and authority to travel upon, over, and across the following described real estate, to - wit: Lot 1 of Lot 52 of Burton's Addition and Lot 2 of Lot 51 of Burton's Addition in the City of Dubuque, Iowa. The grant of easement herein shall be limited and restricted to the traveled way as delineated upon the attached plat shown in red, and said grant of easement shall be for the purpose of ingress to and egress from the property owned by the grantees herein. IN WITNESS WHEREOF, the grantor, CITY OF DUBUQUE, has caused these presents to be signed by the Mayor and the Clerk of the City of Dubuque, Iowa, on this 10th day of February A.D. 1964. CITY OF DUBUQUE, IOWA By Robert J. Horgan Mayor By Leo F. Frommelt City Clerk (City Seal) RESOLUTION NO. 24-64 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 to permit to sell Cigarettes within the City of Dubuque, Iowa, be granted a per- mit to sell Cigarettes and Cigar- ette Papers within said City. NAME ADDRESS Jack R. Miller, 1075 Dodge Street Delbert Edward Jones, 3165 Cen. tral Avenue Guy Kenniker, 119 West 6th Street BE IT FURTHER RESOLVED that the bonds filed with the appli- cations be approved. Passed, adopted and approved this 10th day of February, 1964. Robert J. Horgan Mayor Richard Ludwig Peter J. Takos Eldon A. Pfohl James J. Kean Councilmen Attest: Leo F. Frommelt City Clerk Mayor Horgan moved the adop- tion of the resolution. Seconded by Councilman Kean. Carried by the following vote: Yeas—Mayor Horgan, Council- men Kean, Ludwig, Pfolil, Takos. Nays—None. RESOLUTION NO. 25.64 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- tion be granted and licenses be issued upon the compliance with the terms of the ordinance of the City. Name Address CLASS "B" BEER PERMIT Fay Miller, 1298 Main Street Maurice H. Mellon, 1027 Rhomberg Avenue Clarence J. Hagge, Jr., 1415 Rhom- berg Avenue Carl Nagelmaker, 3203 Jackson Street Joseph & Bernice Hillard, 431 Rhomberg Avenue William .John Tindell, Jr., 1105 University Avenue Louis Wright, 2600 Jackson Street Delbert Jones, 3165 Central Ave- nue Guy Kenniker, 119 West 6th Street CLASS "C" BEER PERMIT John J. Heiderscheit, 1278 Central Avenue National Tea Company, 1313 Dodge Street The Great Atlantic & Pacific Tea Company, Inc., 2685 Dodge Street Passed, adopted and approved this 10th day of February, 1964. Robert J. Iforgan Mayor Richard Ludwig Peter J. Takos Eldon A. Pfohl James J. Kean Councilmen Adjourned Regular Session, February 10, 1964 33 Attest: Leo F. Frommelt City Clerk Mayor Horgan moved the adop- tion of the resolution. Seconded by Councilman Kean. Carried by the following vote: Yeas — Mayor Horgan, Council. men Kean, Ludwig, Pfohl, Takos. Nays—None. RESOLUTION NO. 26-64 WHEREAS, applications for Beer Permits were filed by the within named applicants and they have received the approval of this Council; AND WHEREAS, the premises to be occupied by such applicants were inspected and found to comply with the ordinances of this City and they have filed proper bonds: NOW THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the Manager be and he is hereby directed to issue to the following named applicants a Beer Permit. Name Address CLASS "B" BEER PERMIT Fay Miller, 1298 Main Street Maurice H. Mellon, 1027 Rhomberg Avenue Clarence J. Hagge, Jr., 1415 Rhom- berg Avenue Carl Nagelmaker, 3203 Jackson Street J o s e p h do Bernice Hillard, 431 Rhomberg Avenue William John Tindell, Jr., 1105 University Avenue Louis Wright, 2600 Jackson Street Delbert Jones, 3165 Central Ave- nue Guy Kenniker, 119 West 6th Street CLASS "C" BEER PERMIT John J. Heiderscheit, 1278 Central Avenue National Tea Company, 1313 Dodge Street The Great Atlantic X Pacific Tei C o m p a n y, Inc., 2685 Dodge Street BE IT FURTHER RESOLVE[ that the bonds filed by such ap plicants be and the same are here by approved. Passed, adopted and approved his 10th day of February, 1964. Robert J. Horgan Mayor Richard Ludwig Peter J. Takos Eldon A. Pfohl James J. Kean Councilmen Attest: Leo F. Frommelt City Clerk Mayor Horgan moved the adop- tion of the resolution. Seconded by Councilman Kean. Carried by the following vote: Yeas — Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. COUNCIL RECESSED 9:10 P. M. COUNCIL RECONVENED 9:40 P. M. Mayor Horgan moved that Rob- ert G. Holscher be appointed to the Library Board to fill the unex- pired term of Robert Kenline to July 1, 1965. Seconded by Council- man Kean. Carried by the follow- ing vote: Yeas — Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. Mayor Horgan moved that Vin- cent J. Kaiser be appointed to the Board of Dock Commissioners to fill the unexpired term of John J. Waltz to November 26, 1965. Seconded by Councilman Kean. Carried by the following vote: Yeas — Mayor Horgan, Council- men Kean, Ludwig, Takos. Nays—None. Councilman Pfohl not voting. Mr. Herb. Kiefer of Chestnut St. addressed the Council by stat- ing that there are three speed limits presently in existence on the East Dubuque bridge along with a number of confusing signs which may be contributing to the rash of accidents on the bridge. City Manager Chavenelle was in- structed to contact the Highway Commission to see if the situation could be corrected. There being no further business Mayor Horgan adjourn.moved to akos. Seconded by Councilman Adjourned Regular Session, February 10, 1964 Carried by the following vote: yeas —Mayor Horgan, fohlCTakos. ouncil men Kean, Ludwig, Nays.—None. Leo F. Frommelt City Clerk Approved At1119 1 x......1664 Adopted A3Ag:gs ,ty...'W........ 1M Councilmen .............................. City Clerk ;a y � �. t ��... �^ � �' j. ,�: -: r .. � -: s _. .t _.. _ � ... '�4 _. _ __. _. _ tt_..�.. .. 'j4 A Regular Session, March 2, 1984 35 CITY COUNCIL OFFICIAL Regular Session, March 2, 11184 Council met at 7:30 P.M. C.S.T. Present—Mayor Horgan, Coun- cilmen Kean, Ludwig, Pfohl, Tak- os. City Manager Gilbert D. Chav- enelle. Mayor Morgan read the call and stated that service thereof had been duly made and this is the Regular Monthly Meeting of the City Council for the purpose of acting upon such business as may properly come before the meeting. Copies of Resolution adopted signed and approved by the fol- lowinR civic and charitable insti- tutions in support of the Dubuque County Citizens Advisory Commit- tee on County -City Building; The American Association of Univer- sity Women Dubuque B r a n c h; American Legion Executive Comm. Post N6; American Legion Aux. iliary; Barbers; Catholic Mothers Study Clubs of Dubuque; The City Commission on Human Relations; St. Maria Goretti C.W.S.C. New Vienna, Iowa; Catholic Charities of Dubuque; Disabled American Veterans Fighting Back Chapter M8; Catholic Daughters of Amer- ica Court Dubuque; Concerned Cit- izens for Sunday Observance; Du- buque Business & Professional Women's Club; Dubuque Chapter of American Guild of Organists; Music DeP't of Dubuque Women's C I u b; Dubuque County Chapter American National Red Cross; Du- buque Auxiliary #568 F.O.E.; Du- buque County Dental Society; Du- buque Jaycees; Dubourg Assembly Fourth Degree Knights of Colum- bus; Dubuque Chamber of Com- merce; Dubuque County Optome- tric Assn.; Dubuque Deanery Coun- cil of Catholic Women; Dubuque Deanery Archdiocesan Council of Catholic Men; Dubuque Kiwanis Club; Dubuque Real Estate Board; Dubuque Rotary Club; Dubuque Visiting Nurse Assn.; Dubuque Womens CI u b; American Home Dep't Dubuque Womens Club; Fin- ley Hospital Auxiliary; Interna- tional Affairs Dep't of the Du- buque Womens Club; Knights of Columbus Dubuque Council *510; Mrs. K e i t h Magalsky; National Assn. of Letter Carriers; The Op- timist Club; Margaret Reu; United Federation of Post Office Clerks; Plumbers & Steamfitters Local Union #6; United Commercial Travelers; United Brotherhood of Carpenters and Joiners of Amer- ica; Junior Board of Visiting Nurse Assn.; Wa-Tan-Ye Club; Westmin- ster Women's Assn.; Women of the Moose #850; Young Mens Chris- tian Assn.; presented and read. Councilman Takos moved that the copies of resolution be received and filed. Seconded by Mayor Hor- gan. Carried by the following vote: Yeas—Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. Certified copy of resolution of the Dubuque County Board of Su- pervisors endorsing the initial and necessary steps for the acquisition and erection and construction of County -City Building as adopted by their body of February 28, 1964, presented and rear]. Councilman Takos moved that the resolution be received and filed. Seconded by Mayor Horgan. Carried by the following vote: Yeas—Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. Copy of Resolution adopted also a copy of the minutes by the Du- buque County Citizens' Advisory Committee on County -City Build- ing at a meeting held at the Dodge House on February 20, 1964 recom- mending that the County and City proceed under Chapter 239 of the Laws of the 60th G. A. to incor- porate an Authority for the pur- pose of acquiring, constructing, al- tering, a public building for joint use by the County and City, pre- sented and read. Councilman Takos moved t h at the resolution and minutes be received and filed. Seconded by Mayor Horgan. Car- ried by the following vote: Yeas—Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. Petition of Dubuque Building & Construction Trades Council sub- mitting a copy of a resolution en. dorsing a County -City building and requesting that same be adopted, presented and read 38 Regular Session, March 2, 1984 _ Councilman Takos moved that the resolution be received and filed. Seconded by Mayor Horgan. Carried by the following vote: Yeas—Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. RESOLUTION NO. 27.61 WHEREAS, the March 1963 Grand Jury of Dubuque County and various civic, fraternal, re- ligious, and labor organizations of this County, has recommended to the Dubuque City Council and the Board of Supervisors of Dubuque County, Iowa, that they take the necessary steps to proceed with a County -City Building, and that the City Council and the Board of Supervisors appoint a citizens committee to study the matter and to make recommendations to the City Council and the Board of Su- pervisors; and WHEREAS, the City Council and Board of Supervisors, pursuant to said request did appoint a citizens advisory committee of outstanding citizens of Dubuque County; and WHEREAS, on February 20, 1964 the Dubuque County Citizens Advisory Committee on the Coun- ty -City Building, after an exten- sive study and investigation, met and adopted by unanimous vote a resolution recommending to the City Council of Dubuque and the Dubuque County Board of Super- visors that they proceed under Chapter 239 of the Laws of the Sixtieth General Assembly of the State of Iowa to incorporate an "Authority" for the purpose of acquiring, constructing, altering, operating or maintaining a public building or buildings and the nec- essary site or sites therefor, for the joint use of such County and City; and WHEREAS, this City Council recognizes this Mandate from a large and responsible segment of our community; and WHEREAS, to accomplish this, necessary initial steps must be taken by the action of this City Council; and WHEREAS, said Chapter 239 provides for the appointment of an authority of three Commission. ers who must submit the proposi- ion to a vote of the people and ipon an Affirmative vote thereon, iy a majority of the votes cast, he Authority may sell revenue ►onds to defray the cost thereof and therefore provides the best existing procedure to acquire a 'ounty-City Building and finance he same. NOW THEREFORE, BE IT RE- iOLVED BY THE CITY COUNCIL )F DUBUQUE, IOWA: Section 1. That the initial, nee- ?ssary steps for the acquisition of i Dubuque County -City Building and related facilities should be .indertaken. Section 2. That the method for the erection, construction and maintenance of such a joint facil- ity as set forth in Chapter 239 of the Laws of the Sixtieth General Assembly of Iowa is herewith rec- ognized to be a feasible and prac- tical method. Section 3. That the respective administrative officers of City of Dubuque, Iowa, be and they are hereby directed to prepare initial proceedings for the creation of such "Authority" and to that end meet with and cooperate with the respective administrative officers of Dubuque County, Iowa, in the preparation of such preliminary proceedings and upon completion thereof to report back to this body for adoption of the proposed pro- ceedings and approval thereof. Passed, adopted and approved this 2nd day of March, A.D., 1984. Robert J. Horgan Mayor Richard Ludwig Peter J. Takos Eldon A. Pfohl James J. Kean Councilmen Attest: Leo F. Frommelt City Clerk Councilman Takos moved the adoption of the resolution and a copy forwarded to the Board of Supervisors. Seconded by Mayor Horgan. Carried by the following vote: Yeas --Mayor Morgan, Council men Kean, Ludwig, 11fohl, Takos. Nays—None. Mayor Horgan moved that the rules be suspended in order to let Regular Session, 'March 2, 1964 37 anyone present address the Coun- cil if they so desire. Seconded by Councilman Takos. Carried by the following vote: Yeas—Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. Herman Lott, temporary chair- man of the Dubuque County Cit- izens, Advisory Committee on County -City building addressed the Council by thanking them for the decisive action taken. He also ex- pressed his thanks to City Solicitor R. N. Russo, County attorney R. W. Burns and attorney M. M. Cooney for their counsel and assistance. February 21, 1964 To the Honorable Mayor and City Council Gentlemen: A communication was addressed to this office requesting a street light in the alley between 1st and 2nd Streets and Bluff and Locust Streets. Upon investigation by the Elec- trical Inspector, it is recommended that two 4000 lumen incandescent lights be installed at: Intersection of the alley and 1st Street, between Bluff and Lo- cust. Intersection of the alley and 2nd Street, between Bluff and Lo- cust. Respectfully submitted, Gilbert D. Chavenelle City Manager Mayor Horgan moved that the recommendation of the City Man- ager be approved. Seconded by Councilman Ludwig. Carried by the following vote: Yeas—Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. February 21, 1964 To the Honorable Mayor and City Council Gentlemen: The petition of Mrs. A. C. Bass ler, requesting a street light at the corner of Chestnut and Walnut Streets has been referred to the City Manager and Electrical In spector for investigation and re port. Because of the poor illuminatior at this intersection, it is recom mended that one 4000 lumen in candescent light be erected on the dole located on the west side of Walnut at the intersection with :'hestnut Street. Respectfully submitted, Gilbert D. Chavenelle City Manager Mayor Horgan moved that the recommendation of the City Man- ager be approved. Seconded by Councilman Ludwig. Carried by the following vote: Yeas—Mayor Horgan, Council- men Kean. Ludwig, Pfohl, Takos. Nays—None. February 21, 1964 To the Honorable Mayor and City Council Gentlemen: The petition of Leo L. Hartmann requesting a street light at the corner of Ventura Drive and Pleas- ant View Drive has been referred to the City Manager and Electrical Inspector for investigation and re- port. Upon investigation by the Elec- trical Inspector it is recommended that one 4000 lumen incandescent light be erected at the corner of the alley and Ventura Drive on a pole presently located there. Respectfully submitted, Gilbert D. Chavenelle City Manager Mayor Horgan moved that the recommendation of the City Man- ager be approved. Seconded by Councilman Kean. Carried by the following vote: Yeas—Mayor Horgan, Council. men Kean, Ludwig, Pfohl, Takos. Nays—None. February 28, 1964 To the Honorable Mayor and City Council Gentlemen: I am returning to you t h e petition of Mr. Marc Lammers, presented by his attorney, Charles Kintzinger, requesting payment of money claimed to be due him. I recommend that the claim be denied. Respectfully submitted, Gilbert D. Chavenelle City Manager Councilman Ludwig moved that the recommendation of the City Manager be approved in denial of the claim. Seconded by Council. gg Regular Session, March 2, 1984 man Takos. Carried by the follow- ing vote: Yeas—Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. Mr. Marc Lammers addressed the Council relative to his claim for back wages and medical ex- pense. In a review of the case as set before the Council by Mr. Joe Link administrative assistant to the City Manager it was brought out that Mr. Lammers was con- siderably overpaid which would refute any justifiable claim against the City - February 24, 1964 To the Honorable Mayor and City Council Gentlemen: hereby submit the audit of the records of the City of Dubuque Water Department for the year ending December 31, 1963 - The audit was conducted by the firm, O'Connor, Brooks, Ahrendt and Brooks, Certified Public Ac- countants. Respectfully submitted, Gilbert D. Chavenelle City Manager Councilman Takos moved that the report be received and filed. Seconded by Mayor Horgan. Car- ried by the following vote: Yeas—Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. February 25, 1964 To the Honorable Mayor and City Council Gentlemen: I herewith submit reports of the City Auditor, City Treasurer, City Health Department and City Water Works for the month of January, 1964, as well as a list of claims and payrolls for which warrants were issued for the month of Jan- uary, 1964. 1 am also enclosing a copy of the Annual Report of the City Treasurer and City Health Depart• ment for the fiscal year beginning January 1, 1963 and ending De- cember 31, 1963. Respectfully submitted, Gilbert D. Chavenelle City Manager Councilman Takos moved that the reports be received and filed. Seconded by Mayor Horgan. Car- ried by hte following vote: Yeas --Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. Proof of Publication, certified to by the Publisher, of Statement of Receipts and a list of claims for which warrants were issued dur- ing the month of January 1964, presented and read. Mayor Horgan moved that the proof of publica- tion be received and filed. Sec- onded by Councilman Kean. Car- ried by the following vote: Yeas—Mayor Iiorgan, Council- men Kean. Ludwig, Pfohl, Takos. Nays—None. February 28, 1964 To the Honorable Mayor and City Council, Gentlemen: This is to advise that I have approved the following bonds and desire to have your approval on same for filing, subject to the ap- proval of the City Solicitor. PERSONAL Romolo N. Russo, City Solicitor, Bond No. 804221, Ohio Farmers Insurance Co. SIDEWALK John Luber, Bond No. 28214.13- 499.53, U.S. Fidelity & Guar- anty Co. Respectfully submitted, Gilbert D. Chavenelle City Manager Mayor Horgan moved that fil- ing of the policies be approved subject to the approval of the City attorney. Seconded by Coun- cilman Takos. Carried by the fol- lowing vote: Yeas—Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None, March 2, 1964 To the Honorable Mayor and City Council Gentlemen: The Council at its February 10th meeting referred to the Manager and Building Inspector the petition of ten residents in the 1200 block of Elm Street objecting to the nuisances and dangers caused by the existing conditions at the Jacobsen junk yard. The complaint was made because portions of the fence enclosing the junk yard were missing allowing free access to the junk yard by the children. Regular Session, March 2, 1964 39 The Jacobsen Steel and Supply Company was notified last fall about these conditions, and has been gradually repairing and re- placing the complete fence. This project has since been completed. Also, at this same meeting the Council referred to the Manager and the Building Inspector the objection of Councilman Pfohl as to the junk conditions existing on Valley Street. The Valley Street area has been checked and the junked cars stored on the south side of the street will be moved this week. Since the last notice, the owner of the area around the old bus has been keeping his property in good shape, but your staff, to date, has been unable to locate the party responsible for the dumping of old wash machines on the vacant lot in the 100 block of Valley Street. I shall continue to have this situa. tion checked. Respectfully submitted, Gilbert D. Chavenelle City Manager ouncilman Takos moved that the report of the City Manager be approved. Seconded by Mayor Horgan. Carried by the following vote: Yeas—Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. March 2, 1964 To the Honorable Mayor and City Council Gentlemen: The Council, on February 10, 1964, referred to the City Man- ager and Sidewalk Inspector the petition of Mrs. A. C. Bassler of 6531/2 Chestnut relative to the con- dition of the walks on Rose Street. A dangerous condition exists here because of an embankment on the north edge of the walk and because of the walk condi. tions. 1'he sidewalk inspector no- tified the property owner of this condition on January 20, 1964 and repairs were made. In the mean time the sidewalk was damaged by vandals. The owner has beer contacted again and has e?ected a snow fence to protect the public from the steep incline. The walb •ill be repaired as soon as weather )ermits. Respectfully submitted, Gilbert D. Chavenelle City Manager Councilman Takos moved that the report of the City Manager be approved. Seconded by Mayor Horgan. Carried by the following vote: Yeas—Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. Printed Council proceedings for the month of December 1963 pre- sented for approval. Mayor Horgan moved that the Council proceed- ings for the month of December 1963 be approved as printed. Sec- onded by Councilman Takos. Car- ried by the following vote: Yeas—Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. Communication of L e a g u e of Iowa Municipalities extending an invitation to attend a statewide legislative conference Friday, March 13, 1964 at Des Moines, pre- sented and read. Mayor Horgan moved that the communication be received and filed. Seconded by Councilman Takos. Carried by the following vote: Yeas—Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. Communication of Mel C. Mai submitting his resignation as a member of the Human Rights Commission, presented and read. Councilman Takos moved that the resignation be accepted with re- gret and a letter of thanks be sent to Mr. Mai for services rendered. Seconded by Councilman Ludwig. Carried by the following vote: Yeas—Mayor Horgan, Council. men Kean, Ludwig, Pfohl, Takos. Nays—None. February 28, 1964 To the Honorable Mayor and Members of the City Council. Gentlemen: In accordance with the provis- ions of the Code of Iowa, 1962, the Civil S e r v i c e Commission conducted an Entrance Examina- tion on January 21, 1964, for those seeking positions on the Fire De- partment. 40 Regular Session, March 2, 1984 The following named gentlemen have passed both the written and physical examinations and their names are hereby certified for appointment to the Fire Depart- ment. William T. Miller 87.50% Edward W. Steinberg 77.50% Gerald W. Neuhaus 76.67% Richard F. Roepsch 74.17% William M. Huseman 71.67% Daryl L. Maroney 71.67% Respectfully submitted, Louis J. Lagen Chairman A. G. Wright Gerard B. Noonan Commissioners Civil Service Commission. Attest: Leo F. Frommelt Clerk Subscribed and sworn to before me this 2nd day of March 1964. (Notary Seal) Eugene J. Berens Notary Public Councilman Takos moved that the communication be received and made a matter of record. Sec- onded by Mayor Horgan. Carried by the following vote: Yeas—Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. February 14, 1964 To the Honorable Mayor and City Council Gentlemen: On February 13, 1964, the Plan- ning & Zoning Commission met to consider the vacation of Marshall Street, Decatur Street, Emerson Street, Stanton Street, and Shiras Avenue, all from Garfield Avenue east to the railroad tracks. It is the opinion of the Plan. ning & 'Zoning Commission that these streets, with the exception of Shiras Avenue, will not be need. ed for any future plans of the city. The Commission advises the reten- tion of Shiras Avenue until studies presently in process determine its need for a future extension of Kerper Boulevard. Respectfully submitted, Dubuque Planning & 'boning Commission By Owen Riley, Chairman Councilman Takos moved that the recommendation of the Plan- ning & Zoning Commission be ap- proved. Seconded by Mayor Hor- gan. Carried by the following vote. Yeas—Mayor Horgan, Council- men Kean, Ludwig, Pfohl. Takos. :Nays—None. Communication of John Wim - mer of 1510 Garfield Ave. object- ing to the sale of Marshall and Decatur streets from Garfield to tracks because it would deny him access to the use of the alley be- hind his residence. Mayor Horgan moved that the communication be referred to the City Manager and City Engineer. Seconded by Coun. cilman Takos. Carried by the fol- lowing vote: Yeas—Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. Communication of Wm. D. Gross et ux of 1502 Garfield Ave. re- questing preference in the pur- chase of the vacated part of Mar- shall street as it is the only en- trance to their garage, presented and read. Mayor Horgan moved t h a t the communication be re- ferred to the City Manager and City Engineer. Seconded by Coun- cilman Takos. Carried by the fol- lowing vote: Yeas—Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays --None. Communication of Rosella Jas- per of 1468 Garfield Ave. object- ing to the vacation of Marshall street as it would deprive her of access to the rear of her prop- erty, presented and read. Mayor Horgan moved that the communi- cation be referred to the City Man- ager and City Engineer. Seconded by Councilman Takos. Carried by the following vote: Yeas—Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays --None. Notice of claim of Mrs. Barabara Rupp, in an unspecified amount, for personal injuries received in a fall on an icy sidewalk at 250 W. 1st street on January 25, 1964, presented and read. Councilman Takos moved that the notice of claim be referred to the City So- licitor for investigation and report. Regular Session, 'March 2, 1964 41 Seconded by Mayor Horgan. Car- ried by the following vote: Yeas—Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. Notice of claim of Mrs. Grace Geiser, in an unspecified amount, for personal injuries received in a fall on an icy sidewalk on 11th street between the alley and Main on December 17, 1963, presented and read. Councilman Takos moved that the notice of claim be referred to the City Solicitor for investigation and report. Sec- onded by Mayor Horgan. Carried by the following vote: Yeas --Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. Notice of claim of Mrs. Martha Mohr of 1260 Alta Vista St., in an unspecified amount, for per- sonal injuries received in a fall on an icy crosswalk at Martha and Alta Vista Street on December 31, 1963, presented and read. Council- man Takos moved that the notice of claim be referred to the City Solicitor for investigation and re- port. Seconded by Mayor Horgan. Carried by the following vote: Yeas—Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. Notice of claim of Edith M. Groff of 1499 N. Algona St. in the amount of $5000. for personal injuries received in a fall on a defective sidewalk at 2045 Univer- sity Ave. on February 2, 1964, pre- sented and read. Councilman Tak- os moved that the notice of claim be referred to the City Solicitor for investigation and report. Sec- onded by Mayor Horgan. Carried by the following vote: Yeas—Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. February 28, 1964 lion. Mayor & City Council Re: Rose Churchill Gentlemen: On the 23rd day of September 1963, Rose Churchill filed claim against the City of Dubuque, Iowa, claiming damages as the result of u fall on August 17, 1963 alleging a defective public walk at the in- tersection of Johnson and East 22nd Streets in the City of Du- buque. I have made an investigation of this matter, and the said claimant through her attorneys has made an offer of settlement in t he amount of $850.00. It is the recommendation of the City Attorney that said offer of settlement be accepted and that the City Auditor be instructed to draw• a warrant payable in the amount of $850 and made pay- able to Rose Churchill and Victor Churchill individually and as hus- band and wife and to transmit the same to the City Attorney for delivery upon receipt of a duly executed release. Original Claim is attached here- to. Respectfully submitted, R. N. Russo City Attorney Councilman Takos moved that the recommendation of the City Attorney be approved and the Auditor instructed to draw proper warrant. Seconded by Mayor Hor- gan. Carried by the following vote: Yeas—Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. February 28, 1964 Hon. Mayor and City Council Re: Joe G. Luchsinger Gentlemen: On July 22, 1963, Joe G. Luch- singer commenced action in the District Court for damages in the amount of $870.00 for damages to his car as a result of striking a defective manhole on the 12th day of February 1961 in the 2900 block on Asbury Road. This plaintiff, through his attorneys, has made an offer of settlement in the amount of $435.00 and it is the recommenda- tion of the City Attorney that said offer of settlement be accepted, and that the City Auditor be in- structed to draw a warrant pay- able in the amount of $435.00 and made payable to Joe G. Luch- singer, and to transit the same to City Attorney for delivery to plain. tiff upon receipt of a duly execu. ted release. Original claim is attached here. to. Respectfully submitted, R. N. Russo City Attorney 42 Regular Session, March 2, 1964 Councilman Takos moved that the recommendation of the City Attorney be approved and the Auditor instructed to issue proper warrant. Seconded by Mayor Hor- gan. Carried by the following vote: Yeas—Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. March 2, 1964 Hon. Peter J. Takos, Jr. City Councilman Dear Mr. Takos: Orally you asked me for a written opinion concerning the fact as to whether or not the Du. buque Cultural Commission may accept custody of the Hamm House and operate the same for a museum and other civic purposes. Your attention is directed to the fact that the resolution adopted by the City Council of Dubuque, Iowa creating said Cultural Commission designated said Commission to act in an advisory capacity. Since the adoption of said reso. lution, as far as the records of this office are concerned the legal status of said Cultural Commission has not changed from the original created status. From the standpoint of said Cultural Commission being organ. ized Into a separate legal non. profit entity, as far as the records of this office are concerned said Cultural Commission has not been created into a separate legal entity. In view of the foregoing, 1 am of the opinion that the Dubuque Cultural Commission would not be legally composed in order for said body to accept custody of the Harem house and to operate and maintain the same for a museum and other civic purposes. Respectfully submitted, R. N. Russo City Attorney Councilman Takos moved that the communication be received and made a matter of record and a copy thereof be sent to the Cultural Commission and the Park Board. Seconded by Mayor Horgan. Carried by the following vote: Yeas—Mayor Horgan, Council. men Kean, Ludwig, Pfohl, Takos. Nays --None, March 2, 1964 Honorable Mayor and City Council Gentlemen: On February 7, 1964 there was filed with the City Clerk of Du. buque, Iowa, a communication dat. ed February 6, 1964 by Mr. John J. Waltz, wherein Mr. Waltz re- signed from the Dubuque Dock Commission and stating his reason therefor. Mr. Waltz stated that the pro- posed payment of bill submitted in the amount of $385.00 was in dispute in his mind as he felt it was in excess of the agreed price to be paid for work done by the tenant of said commission. I have made an investigation of this matter as directed by your Honorable Body. 1 find that the proposed pay- ment of said bill in the amount of $385.00 constitutes payment from appropriated funds to be dis- bursed by the Dock Commission of Dubuque, Iowa, and I am un- able to find any legal impediment to the payment thereof in the event the Dock Commission should determine to pay the same. 1 find that the Dock Commission engaged the tenant in question to remove an obstacle in the water abutting waterfront leased to said tenant upon an oral agreement; that the tenant in question is not engaged in the business of heavy equipment rental; that said obstacle to access to tenant's wharf was the responsibility of the Dock Com- mission to remove; that said ob- stacle had existed for approximate- ly a year and a half prior to its removal and the existence thereof had lessened the value of said riverfront being rented by said tenant; that on the basis of com- parative estimates of cost, the Dock Commission effected a sub- stantial saving by tenant agreeing to remove said obstacle as com- pared to hiring some other equip- ment operator to move to the prem- ises and engage in the work of removing said obstacle. It is the recommendation of the City Attorney that the questions raised in Mr. Waltz's letter to the City Council dated February 6, 1964 be referred to the Dock Com- mission of Dubuque, Iowa for what- ever action that body, in the exer- Regular Session, March 2, 1964 43 cine of its discretion, deems to take with respect to the bill in dispute by Mr. Waltz. Letter of Mr. Waltz dated Feb- ruary 6, 1964 is attached hereto. Respectfully submitted, R. N. Russo City Attorney Mayor Horgan moved that the recommendation of the City Attor- ney be approved. Seconded by Councilman Takos. Carried by the following vote: Yeas—Mayor Horgan, Council. men Kean, Ludwig, Pfohl, Takos. Nays—None. Proof of Publication, certified to by the Publisher, of Notice of public hearing to consider amend- ment of the current budget by increasing the General Fund, Street Road Use Tax Fund and Sanitation Fund, presented and read. Mayor Horgan moved that the proof of publication be re- ceived and filed. Seconded by Councilman Takos. Carried by the following vote: Yeas—Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays ---None. ORDINANCE NO. 2.64 An Ordinance Amending the bud- get as approved by Resolution No. 146.63 and Ordinance No. 1-64, presented for Final Adoption. ORDINANCE NO. 2.64 Au Ordinance amending t Ile budget as approved by Resolution No. 146-63 and Ordinance No. 1-64. Be it ordained by the City Coun- cil of lhu City of Dubuque: That the unexpended cash bal- ances on hand at the close of the preceding fiscal year not estl- mated or appropriated in the orig- Inal budget approved by Resolu- tion No. 146-63 and ordinance No. 1-64 are heraby allocated and ap- propriated for payment of Uses - sary expenditures of City Govern- ment, in the following amounts and fur the purposes as hereinaft- er set forth, and to that end the appropriations and allocations of funds are hereby authorized to - wit: RECEIPTS Excess Jan. 1, 1964 Un- encumbered Fund Balance Total llaneral Fund 63,6uo.Uo 63,5U0.00 Strout (toad Use Tax Fund 10, goo.UU 10,900.00 Sanitation Fund 17,000.00 17,000.00 81,4011 W EXPENDITURES GENERAL FUND Community Service Survey Item No. 148 C -J-' 6 Uuu.OU hilar. Unclassified Air Pollution Control item No. 136 — Air Pollution Survey ............ 4,800.00 Capital Improvement Item No. 160 Commu- nity Development . 43, 700.00 Total General Fund 53,500.00 'r h e a e appropriations shall be paid from the unencumbered c a s h bal- ance over and above amount anticipated Janu- ary 1, 1964. STREET ROAD USE TAX FUND Item No. 135 — Street Construction for un- completed Street a n d Bridge Repair: Indian Hills -Hillcrest 2,400.00 Mulgrew Paving 3,500.00 Fengler Overpass 5,000.0() Total Street Road Lase Tax Fund .. 10,900.00 Thisappropriation shall be paid from the unencum- bered cash balance over and above amount antici- pated January 1, 1964 SANITATION FUND Item No. 162 J -A-1 Spa- cial Assessment t•Ity Share of Thomas Place Sanitary SeW- b1• _._... ....2,000.00 Item No. 162 J-2 Municipal Im- provements F o r Uncom- pleted con- tract Jobe & Programa! Cleaning 32nd Street Basin 11,000.00 Jackson Street Sanitary Sew- 4,000-00er _-- 15,000.00 Tutal Sanftatioa F uud 17,00().00 T h e s e appropriatloue shall be paid from the unencumbered cash bal- ance over and above amounts anticipated Jan- uary 1, 1964. Total additional appru- priatlon for the expendi- ture of City Government of the City of Dubuque, 1Owa for the fiscal 1964 beginning January 1, and ending December 31, 81,400.00 1964 passed upon firsting this 10th day of February. lead Passed, adopted and approved upon filial reading this 2nd da)' of March 1964. ROBERT J. HORUAN�ayor 1t1CHARD LUDW11i PETER J. TAKGS 1',LDON A. PFOHL JAMES J. ICEAN Ou11CIII1Ie❑ ATTEST: Leo F. Frommelt City Clerk Published officially In The Tele- plt Mart Nov6 i-1ttttet this 601 day o Leu F. Frulnlnelt City Clerk Councilman Kean moved the adoption of the Ordinance. Second- 44 Regular Session, March 2, 1984 ed by Councilman Ludwig. Carried by the following vote: Yeas — Mayor Horgan, Council- men Kean, Ludwig, Pfohl. Takos. Nays—None. ORDINANCE NO. 3-64 An Ordinance changing the Name of Old Timers Road Ex- tension which lies within the City Limits to John F. Kennedy Road, presented and read. Councilman Kean moved that the reading just had be considered the first reading of the Ordinance. Seconded by Mayor Horgan. Car- ried by the following vote: Yeas — Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. Councilman Kean moved that the rules be suspended requiring an Ordinance to be read on three separate days. Seconded by Mayor Horgan. Carried by the following vote: Yeas — Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. ORDINANCE No. 3.44 AN ORDINANCE CHANGING THE NAME OF OLD TIMERS ROAD EXTENSION WHICH LIES WITHIN THE CITY LIMITS TO JOHN F. KENNEDY ROAD. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: SECTION 1. That the name of Old Timers Road Extension be- tween Pennsylvania Road and As- bury Street which lies within the City Limits be and the same is hereby changed to John F. Kenne- dy Road. SECTION 2. That the City Clerk be and he Is hereby authorized and directed to record a certified copy of this Ordinance In the office of the County Recorder and County Auditor of Dubuque County, Iowa. SECTION 3. Tbla Ordinance shall be In full force and effect from and after Its final passage, adoption and publication us by law pro- vided. Introduced the 2nd day of March, 1964. Rule requiring reading on three beparate days suspended by unan- Imuus vote the 2nd day of March, 1964. Passed by recorded roll call vote, adopted and approved this 2nd day of March 1964. Robert J. Horgan, Mayor Richard Ludwig Peter J. Takos Eldon A. Pfohl Jaynes J. Kean Councilmen. Attest: Leo F. Frommelt City Clerk. Pubilshed officially In the Tele- Kraph-Herald Newspaper this 6th day of March 1964. Leo F. Frunnnelt 1 t. 3-6 City Clerk. Councilman Kean moved the adoption of the Ordinance. Second- ed by Mayor Horgan. Carried by the following vote: Yeas — Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. Petition of Crescent Electric Supply Company requesting the inclusion of Charter Street from Main west to Salina street in this year's street improvement pro- gram, presented and read. Coun- cilman Takos moved that the pe- tition be referred to the Engineer- ing Department to be considered in the street program. Seconded by Mayor Horgan. Carried by the following vote: Yeas — Mayor Hargan, Council- men Kean, Ludwig, Pfohl. Takos. Nays—None. Petition of Mabel E. Tischhauser fequesting the rezoning of Lots 28 and 29 in Lenox addition to Multi- ple Residence District Classifica- tion, presented and read. Council- man Takos moved that the peti- tion be referred to the Planning & Zoning Commission. Seconded by Councilman Kean. Carried by the following vote: Yeas — Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. Petition of O'Neill Fuel & Heat- ing Co. requesting rezoning of Lots 1 and 2 of Woodlawn Park Addn., corner of Adair & Loras, from Sin- gle Family to Local Business Dis- trict "A" classification, presented and read. Councilman Kean moved that the petition be referred to the Planning & Zoning Commis- sion. Seconded by Councilman Ta- kos. Carried by the following vote: Yeas — Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. Petition of Max Blum d/b/a Blum Co. requesting vacation and sale of the alley north of the City Garage formerly used by the Deck- ert Coal Co. between Elm street and the railroad tracks and be- tween 14th and 15th streets, pre- sented and read. Councilman Ta- kos moved that the petition be re. ferred to the City Manager. Sec- onded by Councilman Ludwig. Carried by the following vote: Regular Session, March 2, 1964 Yeas — Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. Petition of American Legion Au- xiliary requesting permission to hold poppy days, May 22nd and 23rd, 1964, presented and read. Mayor Horgan moved that the pe. tition be referred to the City Man- ager. Seconded by Councilman Pfohl. Carried by the following vote: Yeas — Mayor Horgan, Council. men Kean, Ludwig, Pfohl, Takos. Nays—None. Petition of Peoples Natural Gas requesting permission to excavate in the cast end of Davis street (10 yr. street), presented and read. Councilman Takos moved that the petition be granted. Seconded by Mayor Horgan. Carried by the fol- lowing vote: Yeas — Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. Petition of Peoples Natural Gas requesting permission to excavate in the street at 2930 Balke Street (10 yr. Street), presented and read. Councilman Takos moved that the petition be granted. Seconded by Mayor Horgan. Carried by the fol lowing vote: Yeas — Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. Petition of Iowa State Grotto Assn. requesting permission to hold a parade on Saturday, April 25, 1964, presented and read. Councilman Takos moved that the petition be granted subject to the supervision of the Police Chief. Seconded by Councilman Kean. Carried by the following vote: Yeas — Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. Petition of Mrs. Joel Livens re- questing a refund of $1.00 on a dog license, having purchased twc licenses by mistake on the same canine, presented and read. Coun cilman Takos moved that the re fund be granted and the Auditoi instructed to issue proper warrant Seconded by Councilman Pfohl Carried by the following vote: Yeas — Mayor Horgan, Council men Kean, Ludwig, Pfohl, Takos Nays --None. 45 Petition of Clark Oil & Refining 'o. requesting a refund of $25.00 m the unexpired portion of ciga- •ette license No. 108, presented ind read. Councilman Takos �noved that the refund be granted and the Auditor instructed to issue proper warrant. Seconded by Ma- yor Horgan. Carried by the fol- lowing vote: Yeas — Mayor Horgan, Council - me Kean, Ludwig, Pfohl, Takos. Nays—None. Petition of D. A. V. Club re- questing a refund of $75.00 as the result of a change over of his liq- uor license, presented and read. Councilman Takos moved that the refund be granted and the Audi- tor instructed to issue proper war- rant. Seconded by Mayor Horgan. Carried by the following vote: Yeas — Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. Petition of Alvy Kennedy re- questing a refund of $25.00 on the unexpired portion of cigarette li- cense No. 291, presented and read. Councilman Takos moved that the refund be granted and the Audi- tor instructed to issue proper war- rant. Seconded by Mayor Horgan. Carried by the following vote: Yeas — Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. Petition of Alvy Kennedy re- questing a refund of $150 on the unexpired portion of Class "B" beer license No. 141, presented and read. Councilman Takos moved that the refund be granted and the Auditor instructed to is- sue proper warrant. Seconded by Mayor Horgan. Carried by the fol - owing vote: Yeas — Mayor Horgan, Council. men Kean, Ludwig, Pfohl, Takos. Nays—None. RESOLUTION NO. 28.64 WHEREAS, Joseph A. Stieber, Clerk of the Municipal Court of Dubuque, Dubuque County, Iowa, has requested the confirmation of the appointment of Mary A. Sulli- van, as Deputy Clerk of said Court; and WHEREAS, it appears that such appointment should be confirmed; NOW THEREFORE, Be It Re- solved by the City Council of the City of Dubuque: 46 Regular Session, March 2, 1964 Sec. 1. That the appointment of Mary A. Sullivan, as Deputy Clerl+ of the Municipal Court of Du buque, Dubuque County, Iowa be and hereby is confirmed. Passed, adopted and approved this 2nd day of March, A.D. 1964. Robert J. Horgan Mayor Richard Ludwig Peter J. Takos Eldon A. Pfohl ,James J. Kean Councilmen Attest: Leo F. Frommelt City Clerk Councilman Kean moved the adoption of the resolution. Second- ed by Councilman Takos. Carried by the following vote: Yeas — Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. Communication of D u b u q u e County Municipal League submit- ting a resolution requesting that the member cities and towns of the League, Dyersville, Farley, Ep. worth, Sageville and Asbury adopt same relative to the formation of a Dubuque County Zoning Commis- sion, presented and read. Council. man Takos moved that the com- munication be received and filed. Seconded by Mayor Horgan. Car- ried by the following vote: Yeas — Mayor Horgan, Council. men Kean, Ludwig, Pfohl, Takos. Nays—None. RESOLUTION NO. 29.64 Resolution petitioning the Board of Supervisors of Dubuque Coun. ty, Iowa to establish a County Zoning Commission. WHEREAS, the Board of Super- visors of Dubuque County, Iowa by virtue of Chapter 358A of the 1962 Code of Iowa have the legal Power to establish and create a County Zoning Commission; and WHEREAS, the establishment and creation of a Dubuque County Zoning Commission would benefit the citizens and property owners of the respective cities and towns in Dubuque County, irrespective of their size or location; NOW THEREFORE Be It Re. solved by the City Council of Du. buque, Iowa: Section I. That the establish• ment and creation of a Dubuque County Zoning Commission by the, Board of Supervisors of Dubuque County, Iowa be and the same is hereby requested. Section 2. That the City Clerk he and he is hereby authorized and directed to file a certified copy of this Resolution with the Board of Supervisors o' Dubuque County, Iowa. Passed, adopted and approved this 2nd day of March, 1964. Robert J. Horgan Mayor Richard Ludwig Peter J. Takos Eldon A. Pfohl .lames J. Kean Councilmen Attest: Leo F. Frommelt City Clerk Councilman Takos moved the adoption of the resolution and that Gailen P. Thomas, Chairman of the Dubuque County Municipal League be notified. Seconded by Councilman Kean. Carried by the following vote: Yeas — Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays --None. RESOLUTION NO. 30.64 A Resolution designating the De- pository for the Public Funds of the Municipal Court of Du- buque, Iowa. BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the following bank be appointed depository of the pub- lic funds of the Municipal Court of Dubuque, Iowa, and the Clerk of the Municipal Court is hereby authorized to deposit such funds in the American Trust and Sav- ings Bank in the amount not to exceed $50,0oo.00. BE IT FURTHER RESOLVED that the Clerk of the Municipal Court be and he is hereby directed to file with the County Treasurer of Dubuque County, Iowa, a notice Df such depository and to keep such notice on file with such County Treasurer at all times. Passed, adopted, and approved Regular Session, March 2, 1964 47 this 2nd day of March, 1964. Robert J. Horgan Mayor Richard Ludwig Peter J. Takos Eldon A. Pfohl ,lames J. Kean Councilmen Attest: Leo F. Frommelt City Clerk Councilman Takos moved the adoption of the resolution. Sec- onded by Councilman Kean. Car- ried by the following vote: Yeas — Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. 't RESOLUTION NO. 31-64 A Resolution designating the De- pository for the Public Funds of the Municipal Court of Dubuque, Iowa. BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the following bank be appointed depository of the public funds of the Municipal Court of Dubuque. Iowa, and the Bailiff of the Municipal Court is hereby au- thorized to deposit such funds in the American Trust and Savings Bank in the amount not to exceed $10,000.00. BE IT FURTHER RESOLVED that the Bailiff of the Municipal Court be and he is hereby directed to file with the County Treasurer of Dubuque County, Iowa, a notice of such depository and to keep such notice on file with such Coun- ty Treasurer at all times. Passed, adopted, and approved this 2nd day of March, 1964. Robert J. Horgan Mayor Richard Ludwig Peter J. Takos Eldon A. Pfohl James J. Kean Councilmen Attest: Leo F. Frommelt City Clerk Councilman Takos moved th adoption of the resolution. Second- ed econd ed by Councilman Kean. Carrie by the following vote: Yeas — Mayor Horgan, Council men Kean, Ludwig, Pfohl, Takos Nays—None. RESOLUTION NO. 32.64 A resolution establishing a Du- buque Community Development Advisory Committee, the Organi- zation Thereof, The Membership, Duties and Term of Said Com- mittee. Because of the intermingled so- cial, economic and political forces which enter the shaping of our city, and, in consequence thereof— the shaping of our lives within the city, and because of the need for public understanding, sympathy and support of all community ven- tures, we, the members of the City Council of Dubuque, realizing our own duty and responsibility toward the establishment and direction of a sound and orderly Community Development Program, hereby set forth the following Resolution: WHEREAS, the City of Dubuque is engaged in a study of Commun- ity Renewal; and WHEREAS, extensive elements of city planning are being under- taken and the Planning and Zon- ing Commission is up -dating the Master Plan of the City; and WHEREAS, the City is prepar- ing a transportation plan in ac- cord with recent legislation en- acted by the United States Con- gress, which requires a transpor- tation plan in all municipalities of fifty -thousand or more population; and WHEREAS, interested citizens through the Dubuque Chamber of Commerce are giving study toward the frumulation of a plan for the Downtown Section of the City; and WHEREAS, the ideas, purposes and goals of the Dubuque Com- munity Development Program must be conveyed to the citizens at large and must in turn be a re- flection of their desires and as. pirations; NOW, THEREFORE, Be It Re- solved that there is hereby estab- lished a Dubuque Community De- velopment Advisory Committee. The organization, membership, du- ties and term of said committee e shall be: d ORGANIZATION The organization shall consist IOf these several sections and sub committees: 1) Honorary Co -Chairman 2) General Co -Chairman ,}q Repnlar Session, March 2, 1964 3) Special Assignments Commit- tee 4) Executive Committee 5) Executive Secretary MEMBERSHIP The membership shall be of broad representation and shall be appointed by the Mayor with the approval of the Council. Appoint- ments shall be for a term of two years. DUTIES The Committee shall review all materials, data and studies perti- nent to the Development Program. Within the :membership of the Spe- cial Assignments Committee, spe- cial assignment groups of citizens may be organized as are necessary. The Committee shall make known and explain to the citizens of Du- buque the Development Program as a whole and its several parts. The Committee shall coordinate its work and interchange information and ideas with the Planning and Zoning Commission, the Chamber of Commerce, the Community Ser- vices Survey Committee and such other groups as are related to the effort. The Committee shall advise the City Council concerning the program. It shall keep the Council informed of work schedules, prog- ress and developments. It shall submit to the Council special re- ports as necessary and report in writing quarterly and annually both the work accomplished and projected plans. TERM The Dubuque Community Devel- opment Advisory Committee shall be terminated two years from the date of this resolution, or before this termination date if the as- signed tasks and duties are com- pleted. The Urban Renewal Consultant Selection Committee is hereby dis- banded, the purposes of its exist- ence having been accomplished. Passed, adopted and approved this 2nd day of March, 1964. Robert J. Horgan Richard Ludwig Peter J. Takos Eldon A. Pfohl James J. Kean Councilmen Attest: Leo F. Frommelt City Clerk Councilman Takos moved the adoption of the resolution. Second ed by Councilman Kean. Carried by the following vote: Yeas — Mayor Horgan, Council- men Kean, Ludwig, Pfohl, 'rakos. Nays—None. March 2, 1964 To the Honorable Mayor and City Council Gentlemen: On Friday, February 28, 1964, Mr. Lloyd R. Sharp. area manager for Northern Natural Gas Com- pany, notified the City Manager's Office that his firm was agreeable to the sale of approximately 7.943 acres of land east of Pine Street and between Ninth and Eleventh Streets. The price of this parcel of property would be $45,000.00. It is my recommendation that the Council purchase this property for use by the Street Department and City Garage. It is also recom- mended that the Council finance the expenditure in the following manner: $25,000.00 from the Street Fund. $20,000.00 from the Capital Im- provement Account, I further request that the Man- ager be empowered to negotiate with Northern Natural Gas Com- pany for the purchase of said prop- erty and to expend $45,000.00 for said purchase. Respectfully submitted, Gilbert D. Chavenelle City Manager Councilman Takos moved recom- mendation and the request by the City Manager be approved. Sec- onded by Mayor Horgan. Carried by the following vote: Yeas — Mayor Horgan, Council- men, Ludwig, Pfohl, Takos. Nays—None. RESOLUTION NO. 33.64 WHEREAS, Northern Natural Gas Company has proposed to sell to the City of Dubuque for $45,000.00, a parcel of property lo- cated east of Pine Street and be- tween Ninth and Eleventh Streets; and WHEREAS, such parcel of prop- erty contains approximately 7.943 acres of land and can be efficient- ly used by the city for garage and street department purposes; and Regular Session, March 2, 1964 'WHEREAS, present facilities are inadequate and it is in the best interest of the city to pur- chase said property: NOW, THEREFORE, Be It Re- solved by the City Council of the City of Dubuque, Iowa: Section 1. That the purchase of the real estate comprising of ap- proximately 7.943 acres for the sum of $45,000.00 from Northern Natural Gas Company be and the same is hereby approved as the purchase of same would serve the best public interest. Section 2. That the City Manag- er be and he is hereby directed and authorized to purchase said property for and on behalf of the City of Dubuque, Iowa, and to pay the sum not to exceed $45,000.00 therefor to Northern Natural Gas Company. Passed, adopted and approved this 2nd clay of March, 1964. Robert J. Horgan Mayor Richard Ludwig Peter J. Takos Eldon A. Pfohl James J. Kean Councilmen C of Section 30 of the Beer Ordi- nance. It is further recommended that the Council fix a time and place of hearing upon the revocation of Class B Beer Permit #71, issued to Leonard H. Crane at 720 Iowa Street. Respectfully submitted, Gilbert D. Chavenelle City Manager Councilman Kean moved that the recommendations of the City Manager be approved. Seconded by Councilman Pfohl. Carried by the following vote: Yeas—Mayor Horgan, Council- men Kean, Ludwig, Phohl, Takos. Nays—None. .Attest: Leo F. Frommelt City Clerk Mayor Horgan moved the adop- tion of the resolution. Seconded by Councilman Takos. Carried by the following vote: Yeas — Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nqs—None. March 2, 1964 To the honorable Mayor and City Council Gentlemen: Pursuant to and in accord with the City of Dubuque Ordinance No. 9.35, there has been presented evidence that the holder of beer permit #71, issued June 25, 1963, has been conducting his place of business in a disorderly manner as set out in Section 32 of the Beer Ordinance. It is recommended that the City Council revoke Class B Beer Per- mit issued to Leonard H. Crane, doing business at a location known as the Holiday Inn, 720 Iowa Street, said permit being #71, dated June 25, 1963 and expiring July 1, 1964. The revocation being under and by virtue of paragraph RESOLUTION NO. 3464 WHEREAS, Leonard H. Crane has been operating a business under the trade name of Holiday Inn at premises located at 720 Iowa Street, Dubuque, Iowa, and the said Leonard H. Crane is holder of City Beer License, Class B, #71; and WHEREAS, the City Manager of Dubuque, Iowa, has recommended that said City Beer Permit, Class B, #71, issued to Leonard H. Crane at 720 Iowa Street, Dubuque, Iowa, be revoked for the reason that said Leonard H. Crane has con ducted his place of business in a disorderly manner, as defined in Section 32 of Ordinance No. 9.35; WHEREAS, the City Council should fix a time and place of hearing upon the recommendation of its City Manager and pre scribe manner of service of notice thereof upon the said Leonard 11. Crane; NOW, THEREFORE, Be It Re- solved By The City Council Of The City Of Dubuque, Iowa; Section 1, That the 16th day of March, 1964, at 7:30 o'clock P.M., Central Standard Time, in the City Council Chamber in the City Hall, City of Dubuque, Dubuque County, Iowa, be and the same is hereby fixed as the time and place of hearing upon the recommendation of the city manager of Dubuque, Iowa, that the Class ,B" Beer Per- mit #71, issued to Leonard H. Crane at 720 Iowa Street, Dubuque, Iowa, doing business as the Holi- day Inn, be revoked for conducting 5(1 Regular Session, March 2, 1964 his place of business as defined in Section 32 of Ordinance No. 9.35. Section 2. That notice of time and place of hearing, as herein- above set, be personally served upon Leonard H. Crane at least ten (10) days prior to such hearing. Passed, adopted and approved this 2nd day of March 1964. Robert J. Horgan Mayor Richard Ludwig Peter J. Takos Eldon A. Pfohl James J. Kean Councilmen Attest: Leo F. Frommelt City Clerk Mayor Horgan moved the adop- tion of the resolution. Seconded by Councilman Kean. Carried by the following vote: Yeas—Mayor Horgan, Council. men Kean, Ludwig, Phohl, Takos. Nays—None. March 2, 1964 To the Honorable Mayor and City Council Gentlemen: I herewith submit the annual street financial report of actual expenditures in 1963 from all funds for street purposes, as requir- ed by Chapter 312, Road Use Tax Fund, Code of Iowa, and as amend- ed by the 60th General Assembly. I request that the City Council will, by resolution, approve the report as its official 1963 Street Financial Report. It will be noted that $1.451,913.00 was spent for the total year on Maintenance and New Construc- tion. onstruetion. The breakdown of such cost is as follows: Road Use Street Special Other Tax Fund Assessment Funds Total Maintenance 114,572.00 138,394.00 69,406.00 $ 322,372.00 New Construction including storm sewers 253,482.00 50,668.00 373,355.00 136,301.00 813,806.00 Administration 15,855.00 15,855.00 Equipment 29,978.00 3,940.00 1,220.00 35,138.00 Bonds and Interest Paid 2,820.00 174,449.00 177,269.(K) Street Lighting 87,473.00 87,473.00 $398,032.00 $208,857.00 $976,175.00 $468,849.00 $1,451,913.00 Councilman Takos moved that the communication be received and filed. Seconded by Council- man Kean. Carried by the follow- ing vote: Yeas—Mayor Ilorgan, Council. men Kean, Ludwig, Phohl, Takos. Nays—None. RESOLUTION NO. 35-64 A Resolution approving the City of Dubuque, Iowa 1963 Street Finance Report. WHEREAS, a distribution of ex- penditures and receipts of the City of Dubuque for Municipal Streets and Parking for the fiscal year beginning January 1, 1963 and Respectfully submitted, Gilbert D. Chavenelle City Manager ending December 31, 1963, has been duly prepared in accordance with Chapter 312, 60th General Assembly State of lova, and sub- mitted to this C o u n c i I for approval; and WHEREAS, this Council has examined t h e distribution of expenditures and receipts of the City of Dubuque, Iowa, for muni- cipal streets and parking, wherein the receipts and expenditures for the fiscal year are shown. NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa that distribution of expenditures and receipts for municipal streets and parking as heretofore prepared, be Regular Session, March 2, 1964 _ 51 and the same is herebyhe adopted Street and approved as Finance Report for 1963. Passed, adopted and approved this 9th day of February, 1963. Robert J. Horgan Mayor Richard Ludwig Peter .1. Takos Eldon A. Pfohl James J. Kean Councilmen Attest: Leo F. Frommelt City Clerk Councilman Takos moved the adoption of the resolution. Second- ed by Councilman Kean. Carried by the following vote: Yeas—Mayor Horgan. Council- men Kean, Ludwig, Phohl, Takos. Nays—None. March 2, 1964 To the honorable Mayor and City Council Gentlemen: Pursuant to your direction, we have negotiated with the Tele- graph -Herald for the sale of the city parking lot located at the southwest corner of 9th and Bluff Streets. It is recommended that the Council approve the proposed form Of agreement. It is further recommended that the Council adopt an ordinance vacating a small strip of alley described as Lot A of Lorimer's Subdivision. Respectfully submitted, Gilbert D. Chavenelle City Manager Councilman Takos moved that the recommendations be approved an the Manager be app to the Planning and Zoning Com- mission. Seconded by Councilman Kean. Carried by the following vote: Council- Yeas—Mayor Horgan, men Kean, Ludwig, Phohl, 'Takos. Nays—None. real estate is described as follows, to -wit: South 49 feet 3 inches of City Lot 646 and City Lot 647 in the City of Dubuque, Iowa, including whatever interest in and to the alley abutting said real estate and lying easterly thereof; and WHEREAS, said City Manager. Gilbert D. Chavenelle, has nego- tiated with the said Telegraph - Herald for the purchase by the City of said real estate herein- above described; and RESOLUTION NO. 36-44 WHEREAS, the City Council of Dubuque, Iowa, has instructed its City Manager to negotiate to acquire the real estate owned by the Telegraph -Herald located at the southeast corner of the inter- aootiou of Bluff and Eighth Swh Streets in tjRe City of Dubuque, WHEREAS, the Telegraph -Her- ald has agreed to sell said real estate hereinabove described sub- ject to and on condition of the sale by the City to said Telegraph - Herald of a parcel of real estate needed by the Telegraph -Herald for the expansion of its present facilities, which real estate is de- scribed as follows: Lot 2 of Lot 10 in Lorimer's Subdivision, Lot 2 of Lot 2 in Lorimer's Subdivision and Lot 2 of Lot 3 in Lorimer's Sub- division, Lot "A" in Lorimer's Subdivision, all in the City of Dubuque, Dubuque County, Iowa, according to the un- recorded plats thereof sub. mitted by City of Dubuque to Telegraph -Herald, and for which parcel of real estate the Telegraph -Herald agrees to pay the City the sum of $18,375; and WHEREAS, the Telegraph -Her - aid has agreed to sell the real estate described in the first para- graph thereof to the City of Du- buque for the sum of $68,283.77, plus the transfer to th�Telegraph- Herald legrap - Herald by the City of the City owned off street parking lot described as follows: Lot 2 of the south 6819afeet Lot Lot 8 of city Lot 2 of Lot 7 of City Lot 688, in the City of Dubuque, Dubuque County, Iowa,according thereof o sub- mitted h unrecorded plat by City of Dubuque to Telegraph -Herald, and; WHEREAS, the terms and con. ditions of sale of the respective h parcels of real estate hereinabove 52 Regtlar Session, March 2, 1964 described have been reduced to proposed form of agreement here- to attached and by reference made a part hereof, marked Exhibit "A". NOW THEREFORE Be It Re- solved By The City Council Of Dubuque, Iowa: Section 1. That the terms and provisions entered into by and between the City of Dubuque, Iowa and the Telegraph -Herald, a cor- poration, set forth in written agreement hereto attached marked Exhibit "A" be and the same is hereby approved. Section 2. That the Mayor and City Clerk be and they are hereby authorized and directed to execute the agreement marked Exhibit "A" hereto attached, and respective plats of city owned property. Section 3. That the City Clerk be and he is hereby directed to cause notice to be published of the intent by the City of Dubuque to dispose of interest in real estate to the Telegraph -Herald. which real estate is hereinabove described. Passed, adopted and approved this 2nd day of March, A.D., 1964. Robert J. Horgan Mayor Richard Ludwig Peter J. Takos Eldon A. Pfohl James J. Kean Councilmen Attest: Leo F. Frommelt City Clerk Councilman Takos moved the adoption of the resolution. Second- ed by Councilman Kean. Carried by the following vote: Yeas—Mayor Horgan, Council- men Kean, Ludwig, Phohl, Takos. Nays—None. March 2, 1964 To the Honorable Mayor and City Council Gentlemen: Mr. R. B. Sutter, Right of Way Agent, Iowa State Highway Com- mission, phoned me today and said that a contract would be available Tuesday, March 3, setting out the terms of the sale of land by the City to the State Highway Com- mission for right of way along re- located Highway U. S. #61. The conditions of the contract will be that the City will sell out- right approximately 8.5 acres of land for the purposes of right of way and grant an easement to approximately 15.1 acres for bor- row pit purposes. The easement reverts to the City on completion of the road project. Further, the State has agreed to stay above the lime stone ledge in the borrow pit area one and a half feet; grade the slopes not steeper than five to one slope and allow the city to strip off nine inches of top soil before the borrow operations begin. Finally, the total price offered for the right of way, the borrow area and fence damage is $10,510.00. I believe that the transaction is an equitable one for the City and I recommend that the Mayor and City Clerk be authorized to execute a contract with the State Highway Department according to the above terms and issue a quit claim deed for property to be purchased as right of way, and that the Clerk be authorized to publish notice and set a date for public hearing on the disposal of the land. I recommend that this authority be granted subject to the approval of the Dubuque Airport Com- mission and the approval of the Federal Aeronautics Administra- tion as to airport flight clear zones. Respectfully submitted, Gilbert D. Chavenelle City Manager Councilman Takos moved that the recommendation of the City Manager be approved. Seconded by Mayor Horgan. Carried by the following vote: Yeas—Mayor Horgan, Cout.cil- men Kean, Ludwig, Pfohl, Takos. Nays—None. RESOLUTION NO. 3764 A Resolution authorizing the Mayor and City Clerk to sign a contract for easement across bor- row pit land and issue a quit claim dead for the transfer of land for right of way purposes along relocated U. S. Highway #61, Whereas, U. S. Highway #til is being relocated by the Iowa Repilar Session, March 2, 1%, 4 M State Highway Commission across land at the Dubuque Municipal Airport Whereas, land is needed for right of way as described on State Form 489-A "Plat of Property" and Form 475-S "Contract", such land being described as Project F-304, Parcell 33, Relocation U. S. #61, Section 26 Township 88N, Range 12, County of Dubuque, State of Iowa, to -wit: From Station 377.85 P.L. to Sta- tion 381-00 a strip 130 It, wide west side. From Station 381-00 to Station 383-00 a strip 130.75 It wide west side. From Station 383-00 to Station 389.00 a strip 75 ft. wide west side. From Station 389-00 to Station 392-00 a strip 75-150 ft. wide west side. From Station 392-00 to Station 400-00 a strip 150 ft. wide west side. From Station 400-00 to Station 401-17.4 a strip 150-250 ft. wide west Nide. From Station 401-17.4 to Station 402-55 a strip 250-110 It. wide west side. From Station 402.55 to Station 404-18 P.L. a strip 110-150 ft. wide west side. From Station 377-85 P.L. to Sta- tion 404.18 P.L. all land east to the property line. NOW THEREFORE, Be It Re- solved By The City Council Of The City of Dubuque, Iowa: sum of $10,510.00 be and the same is hereby approved. Section 2. That the Mayor and City Clerk be and they are hereby authorized and directed to execute said contract in the substantial form of Exhibit "A" with plat attached, attached hereto and by reference made a part hereof, pro- vided that said contract first con- tain the written approval of the city manager, city engineer and city solicitor endorsed thereon and that same be approved by the Air- port Commission of Dubuque, Iowa and the Federal Aviation Agency. Section 3. That the 6th day of April, 1964, at 7:30 o'clock P.M. Central Standard Time in the City Council Chambers in the City Hall. City of Dubuque County, Iowa, be and the same is hereby fixed as the time and place of hearing upon the intent to dispose of said real estate as described in plat attached to Exhibit "A". Section 4. That the City Clerk be and he is hereby directed to publish notice of intent to dispose of real estate owned by the City of Dubuque, as by law is provided. Passed, adopted and approved this 2nd day of March, 1964. Section 1. That the proposed form of contract by and between the City of Dubuque, Iowa and the Iowa State Highway Commission, marked Exhibit A, with copy of plat attached, hereto attached and by reference made a part hereof, conveying the sale by the City of Dubuque, Iowa, and purchase by the Iowa State Highway Com- mission of approximately 8.5 acres for right of way to relocate U. S. Highway #61 and grant by the City of Dubuque, Iowa to the Iowa State Highway Commission of the right to borrow from approxim- ately 15.1 acres, all located at the Dubuque Municipal Airport for the Robert J. Horgan Mayor Richard Ludwig Peter J. Takos Eldon A. Pfohl James J. Kean Councilmen Attest: Leo F. Frommelt City Clerk Councilman Takos moved the adoption of the resolution. Second- ed by Councilman Kean. Carried by the following vote: Yeas—Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. RESOLUTION NO. 3864 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. 54 Regular SeNsion, March 2, 1984 Name Address Terrance J. Manning, 1005 Dodge Street Fred Taft, Jr., 1487 Central Ave. nue Gregor J. Vorwald, 103 East 22nd Street BE IT FURTHER RESOLVED that the bonds filed with the appli- cation be approved. Passed, adopted and approved this 2nd day of March, 1964. Robert J. Horgan Mayor Richard Ludwig Peter J. Takos Eldon A. Pfohl James J. Kean Councilmen Attest: Leo F. Frommelt City Clerk Mayor Horgan moved the adop- tion of the resolution. Seconded by Councilman Takos. Carried by the following vote: Yeas—Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. RESOLUTION NO. 39-64 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 issued upon the compliance with the terms of the ordinances of the City. CLASS "B" BEEP. PERMIT Name Address Fred T. Taft, Jr., 1487 Central Avenue Mathias A. Schneller, 132 81h Avenue Syl. A. Weiner, 201 East 22nd Street Raymond McLaughlin, 2222 Central Avenue Alice H. Erschen, 2620 University Avenue Thomas S. Reisdorf, 521 East 22nd Street Maryel Mildred Birkett, 1064 Uni- versity Avenue Page Hotel, 75 East 4th Street Alma Henkel, 241 Alain Street John F. Hall, 2616 Windsor Avenue Marionette Tindell, 543 West 8th Street Kenneth Jerome Love, 802 Iowa Street Mrs. Ione Miller, 1322 Central Avenue Herbert & Emil Althaus, 1575 Central Avenue Gregor J. Vorwald, 103 Fast 22nd Street CLASS "B" BEER PERMIT PRIVATE CLUB Fischer Bowling Lanes Club, 880 Locust Street CLASS "C" BEER PERMIT Eagle Food Centers, Inc. Store #109, 200 South Locust Street Anthony Louis Fecker, 2119 Rhom- berg Avenue Donald Schroeder, 2890 Central Avenue Passed, adopted and approved this 2nd day of March, 1964. Robert J. Horgan Mayor Richard Ludwig Peter J. Takos Eldon A. Pfohl James J. Kean Councilmen Attest: Leo F. Frommelt City Clerk Mayor Horgan moved the adop, tion of the resolution. Seconded by Councilman Ludwig. Carried by the following vote: Yeas — Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. RESOLUTION NO. 40.64 WHEREAS, applications for Beer Permits were filed by the within named applicants and they have received the approval of this Council; AND, WHEREAS, the premises to be occupied by such applicants were inspected and found to Comply with the ordinances of this City and they have filed proper bonds: NOW THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the Manager be and he is hereby directed to issue to the following named applicants a Beer Permit. Regular Session, March Q, 1981 55 CLASS "B" BEER PERMITS Name Address Fred T. Taft, Jr., 1487 Central Avenue Mathias A. Schneller. 132 8th Avenue Syl A. Weiner, 201 East 22nd Street Raymond McLaughlin, 2222 Central Avenue Alice H. Erschen, 2620 University Avenue Thomas S. Reisdorf, 521 East 22nd Street Maryel Mildred Birkett, 1064 Uni- versity Avenue Page Hotel, 75 Fast 4th Street Alma Henkel, 241 Main Street John F. Hall, 2616 Windsor Avenue Marionette Tindell, 543 West 8th Street Kenneth Jerome Love, 802 Iowa Street Mrs. Ione Miller, 1322 Central Avenue Herbert & Emil Althaus, 1575 Central Avenue Gregor J. Vorwald, 103 East 22nd Street Councilman Pfohl. Carried by the following vote: Yeas—Mayor 11otgan, Couhtd- men Kean, Ludwig, Pfohl, Takos. Nays—None. There being no further business Mayor Horgan moved to adjourn. Seconded by Councilman Takos. Carried by the following vote: Yeas—Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. Leo F. Frommelt City Clerk CLASS "B" BEER PERMIT PRIVATE CLUB Fischer Bowling Lanes Club, 880 Locust Street CLASS "C" BEER PERMIT Eagle Food Centers, Inc. Store #109, 200 South Locust Street Anthony Louis Fecker, 2119 Rhom- berg Avenue Donald Schroeder, 2890 Central 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 2nd day of March, 1964 Robert J. Morgan Mayor Richard Ludwig Peter J. Takos Eldon A. Pfohl James J. Kean Councilmen Attest: Leo F. Frommelt City Clerk Mayor Horgan moved the adop- tion of the resolution. Seconded by Approved .Au�st.... 10.1964. Adopted ...August,., ..._ ..... ------- Councilmen ... .A-; m A Atte ..................:.-.-. City Clerk 56 Special Session, March 16, 1964 CITY COUNCIL OFFICIAL Special Session, Msrch 16. 1964. Council met at 7:30 P.M. C.S.T. Present—Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. City Manager Gilbert D. Chav- enelle. Mayor Horgan read the call and stated that service thereof was duly made and this meeting is called for the purpose of con- ducting a public hearing on the necessity and award of contract for the construction and extension of the 12" Catfish Creek Sanitary Sewer in Pennsylvania Avenue northwesterly through property located in Sec. 21 T. 89 N. R. 2 E. 5th P. M., and acting on any other business which may properly come before a regular meeting of the City Council. Copy of resolution submitted by the Beth -El Sisterhood endorsing the action taken by the Dubuque County Citizens Advisory Com- mittee for the construction of County -City building, presented and read. Mayor Horgan moved that the copy be received and filed. Seconded by Councilman Kean. Carried by the following vote.- Yeas—Mayor ote:Yeas—Mayor Horgan, Council. men Kean, Ludwig, Pfohl, Takos. Nays—None, Copy of resolution submitted by the Dubuque Council of Churches endorsing the action taken by the Dubuque County Citizens Advisory Committee for the construction of County -City building, presented and read. Councilman Takos moved that the copy be received and filed. Seconded by Councilman Pfohl. Carried by the following vote: Yeas — Mayor Horgan, Council. men Kean, Ludwig, Pfohl, Takos. Nays—None. Copy of resolution submitted by the Dubuque County Bar Assn. commending the County and City for the actions taken relative to the County -City building and that the County and City adopt Articles of Incorporation establishing an "Authority" to direct and govern t h e acquisition, construction, alteration, operation and main. tenance of County -City building presented and read. Councilman Takos moved that the copy of resolution be received and filed. Seconded by Mayor Horgan. Carried by the following vote: Yeas—Mayor Horgan, Council. men Kean, Ludwig, Pfohl, Takos. Nays—None. March 13, 1964 To the Honorable Mayor and City Council Gentlemen: I herewith submit reports of the City Auditor, City Treasurer, City Water Department and City Health Department for the month of February, 1964, as well as a list of claims and payrolls for which warrants were issued for the month of February, 1964. Respectfully submitted, Gilbert D. Chavenelle City Manager Councilman Takos moved that the reports be received and filed. Seconded by Mayor Horgan. Carried by the following vote: Yeas—Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. Proof of Publication, certified to by the Publisher, of Statement of Receipts and a list of claims for which warrants were issued during the month of February 1964, pre- sented and read. Mayor Horgan moved that the proof of publica- tion be received and filed. Second- ed by Councilman Takos. Carried by the following vote: Yeas — Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays --None. March 16, 1964 To the honorable Mayor and City Council Gentlemen: I am returning the petition of Max Blum dated February 28th requesting the vacation and sale of the alley north of the City Garage to Fifteenth Street and lying in the block between F.Im and Pine Streets. I recommend that the section of alley be vacated but that it be sold to the abutting property owner, Joseph H. Deckert, accord- ing to my recommendation to YOU of August, 1963. Special Session, March 16, 1964 57 Even though a higher price has been offered than the recom- mended charge to Deckert I believe that the interest of the City will be correctly served be- cause the sales price has been predicated upon an impartial 1 appraisal of the property and be- cause property owned by Deckert abutts both sides of the alley for the entire distance tinder con- sideration for Vacation. Respectfully, Gilbert D. Chavenelle City Manager Councilman Ludwig moved that the recommendation of the City Manager be approved. Seconded by Councilman Kean. Carried by the following vote: Yeas — Mavor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. Councilman Takos moved that the rules be suspended in order to let anyone present address the Council if they so desire. Second- ed by Councilman Ludwig. Carried by the following vote: Yeas—Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. Mr. John Oberhausen attorney for the Deckert interests addressed the Council by stating that when the. area abutting the alley was purchased by the Deckert people and their predecessors in title back in 1923 it was possible that the intent was to convey the alley be- cause prior to that time the City of Dubuque occupied all of the abutting area to the alley and had constructed a swimming pool on the premises. On July 1, 1963 the City was asked to vacate the alley in question and thereafter the City had the land value of the platted alley appraised and at that time the City Manager recommended that the alley be sold to the Deckert interests in the amount of $3,158.56. lie admitted that there had been some delay in accepting the proposition set out by the City Manager. There is however no particular interest for anyone but the abutters. The sale of the alley to anyone else, other than the Deckerts, could destroy the access rights to the abutting property and the City could be liable for damages. Communication of Joseph 11. & Myrtle M. Deckert submitting a proposal to purchase an alley 20 eet wide running southerly from 5th street which alley is closed at its south end by the City Garage, said alley lying between Lot 187, 88 and 189 and 214, 215, and 216 all in Fast Dubuque Addn. for the sutn of $3,158.56, presented and read. Councilman Takos moved that the offer be accepted and referred to the City Solicitor for proper proceedings. Seconded by Councilman Kean. Carried by the following vote: Yeas—Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. March 9, 1964 Honorable Mayor and City Council Gentlemen: At a regular meeting of the Du- buque Planning and Zoning Com- mission held on March 5, 1964, the following action was taken: Motion by Deininger, supported by Flynn, that this Commission recommend to the City Council that Lot 1 of Block 4, and all of Block 3 of Westchester Subdivision be rezoned to Multiple Residence District. Motion carried. Respectfully submitted, Frank J. Glab, Secretary Planning & Zoning Com- mission Councilman Kean moved that the recommendation be approved and referred to the City Solicitor for proper proceedings. Seconded by Councilman Takos. Carried by the following vote: Yeas — Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. March 12, 1964 lion. Mayor and City Council Re: Theodora R. Ellsworth Gentlemen: On November 20, 1963, Theodora R. Ellsworth filed notice of suit in the District Court of Iowa in and for Dubuque County against the City of Dubuque claiming damages in the amount of $4,500.00 for injuries allegedly suffered as a result of a fall on an allegedly 58 Special Session, March 16, 1964 defective public walk on Novem- te= &t21, 1961, on the south side of 11th Street between Main Street and the alley just easterly Thereof. I bave made an investigation of tbie matter end the plaintiff through her attorney has made an offer of settlement in the amount of $450.00. It is the recommenda- tion of the City Attorney that said offer of settlement be accepted and the City Auditor be instructed to draw a warrant payable to Theodora R. Ellsworth in the amount of $450.00 and transmit the same to the City Attorney for delivery to the plaintiff upon receipt of duly executed release and dismissal of said action at plaintiff's cost. Original notice of suit is hereto attached. Respectfully submitted, R. N. Russo City Attorney Mayor Horgan moved that the recommendation of the City 4ttoraey be approved and the Auditor instructed to issue proper Wlyr;gnt. Seconded by Councilman Learn. Carried by the following Yea& — Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. March 11, 1964 Hon. Mayor and City Council Re: Evelyn B. Healey Gentlemen: On January 13, 1964, Evelyn B. Healey filed claim against the City of Dubuque for personal injuries suffered as a result of a fall on November 14, 1963 on a public walk abutting 1613 Grandview Avenue, claiming a defective walk thereat. I have made an investigation of do matter and said claimant has mads 4a offer of settlement in the amount of $50.00. It is the recom- mendation of the City Attorney that said offer of settlement be accepted, the City Auditor be in- structed to draw a warrant payable to Evelyn B. Healey and Jess Healey, individually and as hus- bauA and wife in the amount of 550.00 and to deliver the same upon receipt of duly executed relestae, Original claim is attached here- to. Respectfully submitted, R. N. Russo City Attorney Mayor Horgan moved that the recommendation of the City Attorney be approved and the Auditor instructed to issue proper warrant. Seconded by Councilman Takos. Carried by the following vote: Yeas—Mayor Horgan, Council. men Kean, Ludwig, Pfohl. Takos. Nays—None. Notice of claim of Mark Ohne- sorge, in an unspecified amount, for personal injuries received in a fall on any icy crosswalk at E. 14th and Washington Streets, on Janu- ary 10, 1964, presented and read. Councilman Takos moved that the notice of claim be referred to the City Solicitor for investigation and report. Seconded by Mayor Horgan. Carried by the following vote: Yeas—Mayor Morgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. Notice of claim of Mrs. Leta Mae Crozier, in an unspecified amount, for personal injuries re- ceived in a fall on a defective crosswalk at 8th and Main Street on February 26, 1964, presented and read. Councilman Takos moved that the notice of claim be referred to the City Solicitor for investigation and report. Seconded by Mayor Horgan. Carried by the following vote: Yeas—Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. Original notice of suit by Plaza 20 vs. Joseph Polfer and City of Dubuque et al as Defendants pray- ing for the quieting of title in and to the East 50 feet of Lot 2 of Burkart Subdivision and that Plaintiff be decreed to be the absolute owner, presented and read. Councilman Takos moved that the Notice of suit be referred to the City Solicitor for investiga- tion and report. Seconded by Mayor Horgan. Carried by the following vote: Yeas -- Mayor Horgan, Council' men Kean, Ludwig, Pfohl, Takos. Nays --None. Special Session, March 16, 1964 59 March 12. 1964 Honorable Mayor and City Council Gentlemen: At a regular meeting of the Dubuque Planning and Zoning Commission held on March 5, 1964. the following action was taken and is recommended to the City council: Motion by Bush, supported by Glah, that the strip of alley known as Lot "A" of Lorimers Subdivision be vacated. This strip of alley is a part of the property being considered in negotiations for the parking ramp s1rUCtnre. Respectfully submitted, Prank J. Glab, Secretary Planing & Zoning Com- mission Councilman Kean moved that the recommendation of the Com- mission be approved. Seconded by Councilman Takes. Carried by the following vote: Yeas — Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays --None. ORDINANCE NO. 4.64 An Ordinance Vacating Lot "A" of Lorimers Subdivision in the City of Dubuque, Iowa, presented and read. Councilman Kean moved that the reading just had be considered the first reading of the Ordinance. Seconded by Councilman Pfohl. Carried by the following vote: Yeas—Mayor Horgan, council- men Kean, Ludwig, Pfohl, Takos. Nays—None. Councilman Kean moved that the rule be suspended requiring an Ordinance to be read on three separate days. Seconded by Councilman Ludwig. Carried by the following vote: Yeas—Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takes. Nays—None. ORDINANC4 NO. 4-64 AN ORDINANCE VACATING LOT A OF L.ORIMER9 SUBDIVISION IN THE CITY OF DUBUQUE, IOWA WHEREAS. City of Dubuquv. Iowa, proposes to convey a certain parcel of property hr accordance with terms and conditions of writ- tvn contract: and WHEREAS, Lot A of L.urimera Bubdivislun It, tice City of llu- buque, Iowa, is an Integral part of said aarermaut; and WHEREAS, said above described real estate is no lunger needed f"r public use and the Planning and Zoning Commission of Du- buque, Iowa has recommended va- cation of same. NOW THEREFORE BE IT OR- DAINED BY THE CITY COUN- CIL OF DUBUQUE, IOWA: Section 1. That Lot A of Lori- mer, Subdivision in the City of Dubuque, Iowa acoording to the recorded plat thereof be and the same is hereby vacated. Section E. That the City Clerk be and he is hereby directed to file a certlfled copy of this Or- dinance In the office of the Du- buque County Recorder. Passed, adopted and approved this 18th Clay of March, A. D., 1964. ROBERT J. HORGAN Mayor RICHARD LUDWIG PETER J. TAKOS ELDON A. PFOHL JAMES J. KEAN Councilmen Attest: Leu F. Frornmelt City Clerk Published otficlally In The Tele- graph -Herald Newspaper this 23rd day of March, 1864. I.eo F. Frommelt City Clerk it. 3-'L3 Councilman Kean moved the adoption of the Ordinance. Second- ed by Councilman Ludwig. Carried by the following vote: Yeas — Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. March 12, 1964 honorable Mayor and City Council Gentlemen: The area recently purchased by the City for use as a city garage and storage location is divided in part by East 10th Street. This street has never been opened east of Pine Street and has never been used by the public. In order to consolidate the two areas, the one to be used by the City and the present area occupied by the Northern Naturalras Com- pany, it is desirable to vacate East Tenth Street from Pine Street east to its eastern terminus. 1 respectfully recommend that this area be vacated. Very truly yours, Gilbert D. Chavenelle City Manager councilman Ludwig moved that the recommendation of the City Manager be approved and referred 10 the Planning & Zoning Com- mission. Seconded by Councilman Special Session, March 16, 1964 Takos. Carried by the following vote: Yeas — Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. Petition of Harold J. Rieselman requesting the erection of a street light on White Street between 30th and 32nd streets, presented and read. Councilman Takos moved that the petition be referred to the City Manager and Electrical Inspector for investigation and report. Seconded by Mayor Hor- gan. Carried by the following vote: Yeas — Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. Petition of Lange's Insurance requesting release of the sidewalk construction bond issued to Schiltz Construction Co., presented and read. Councilman Takos moved that the petition be granted providing there are no outstanding claims. Seconded by Mayor Hor- gan. Carried by the following vote: Yeas — Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. Petition of William & Lucille Guler requesting permission to excavate in Mineral Street (10 year street), presented and read. Councilman Takos moved that the petition be granted. Seconded by Mayor Kean. Carried by the follow- ing vote: Yeas — Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. Petition of Mr. and Mrs. Otto Donath requesting the Council to take action on their former petitions relative to Otto's release from City employment and also the drainage problem on their proper- ty, presented and read. Mayor Horgan moved that the petition be received and filed. Seconded by Councilman Takos. Carried by the following vote: Yeas — Mayor Horgan, Council. men Kean, Ludwig, Pfohl, Takos. Nays—None. Petition of Cletus Palm request. ing permission to excavate in Pennsylvania Avenue, (10 year street) for the purpose of servicing a new subdivision, presented an read. Councilman Takos move that the petition be granted sub- ject to the approval of the City Engineer. Seconded by Councilman Kean. Carried by the following vote: Yeas — Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. Petition of John W. Sutton Jr. requesting permission, in behalf of the De Molays, to clean wind- shields in the downtown area on Friday night, March 20th, as a part of national De Molay week, pre- sented and read. Councilman Takos moved that the petition be approved subject to approval of the City Manager and City Solicitor. Seconded by Mayor Hor- gan. Carried by the following vote: Yeas — Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. Notice of service by two police officers on Leonard 11. Crane notifying him of a public hearing to be held on the 16th day of March 1964 at 7:30 o'clock P.M. in the Council Chamber at the City Hall to consider revocation of his beer permit as recommended by the City Manager due to a viola- tion of a certain section of the beer ordinance, presented and read. Mayor Horgan moved that the notice of service be received and filed. Seconded by Councilman Takos. Carried by the following vote: Yeas — Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. City attorney Russo cited various violations that occurred in Mr. Crane's place of business over an extended period of time, and ad- vised the Council that revocation of Mr. Crane's license is optional on their part. Attorney Robert Oeth represented Mr. Crane and spent considerable time asking Mr. Crane questions such as reviewing the establishment setup and the various cases of violation. After considerable discussion Councilman Pfohl moved that the recommendation of the City Mana. ger be denied which in essence would permit Mr. Crane to retain his beer permit. The motion failed due to the lack of a second. Councilman Kean moved that d the matter be referred to the d ICouncil for more deliberation. Seconded by Councilman Pfohl. Special Session, March 16, 1964 61 Roll call on the motion was as follows: Yeas—Councilmen Kean, Pfohl. Nays—Mayor Horgan. Council- men Ludwig, Takos. MOTION failed to carry. Councilman Takos moved that the Manager's recommendation he affirmed. Seconded by Mayor Hor- gan. Carried by the following vote Yeas — Mayor Horgan, Council- men Ludwig, Takos. Nays --Councilmen Kean, Pfohl. Discussion on the subject again was taken up and after consider- able time Councilman Ludwig moved that further discussion on the case be closed. Seconded by Councilman Takos. Carried by the following vote: Yeas—Mayor Horgan. Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. March 9, 1964 Honorable Mayor and City Council Gentlemen: At a regular meeting of the Du- buque Planning and Zoning Com- mission held on March 5, 1964, the following action was taken: Motion by Glab, supported by Deininger, that the final plat of Lots 15-24, inc., Block 6: Lots I and 2, Block 10: Lots 1.4, inc., Block 9: Lots 1 and 2, 15.17 incl., Block 8: Lots 16-18 incl., Block 4 and Lot "A" Block 9 in Sunset Park he approved and the Secre- tary be authorized and directed to sign same. Motion carried. Respectfully submitted, Frank J. Glab, Secretary Planning and Zoning Commission Mayor Horgan moved that the ap- proval be received and filed. Sec- onded by Councilman Takos. Car- ried by the following vote: Yeas --Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. RESOLUTION NO. 41.64 RESOLUTION APPROVING THE PLAT OF LOTS 16 'THROUGH 18 INCLUSIVE BLOCK 4, LOTS 15 THROUGH 24 INCLUSIVE BLOCK 6, LOTS 1 AND 2, AND LOTS 15 THROUGH 17 INCLUSIVE BLOCK 8, LOTS 1 THROUGH 4 AND IAT "A" BLOCK 9, AND LOTS 1 AND 2 BLOCK 10 OF SUNSET PARK SUBDIVISION IN THE CITY OF DUBUQUE, IOWA Whereas, there has been filed with the City Clerk a plat in which: Lot A Block 6 Sunset Park Sub- division; Lot l of Mineral Lot 451 except the South 910 feet; and Lot 2 of Lot 1 of Lot 1 of Mineral Lot 452 in the South East One Quarter of the South East One Quarter of Section 16, Town- ship 89 North, Range 2 East of the 5th Principal Meridian except the South 463 feet thereof in the City of Dubuque, Iowa, is platted as Lots 16 through 18 Block 4, Lots 15 through 24 Block 6, Lots 1 and 2, and Lots 15 through 17 Block 8, Lots 1 through 4 and Lot A Block 9, and Lots 1 and 2 Block 10 of Sunset Park Sub- division in the City of Dubuque, Iowa, by Schlitz Development Corpora- tion as Owner thereof; and Whereas said plat has been ex- amined by the City Planning and Zoning Commission and approved by said body; and Whereas upon said plat appears streets to be known as Dove Street, Ogle Street, Meggan Street, Sunset Park Circle and also easements for public utilities which the Owner upon said plat has dedicated to the public forever; and Whereas said plat has been found by the City Council to con- form to the Statutes and Ordin- ances relating thereto except that the streets have not been reduced to grade or paving, sewer, water or sidewalks installed therein; NOW THEREFORE, Be It Re. soved By The City Council Of The City Of Dubuque, Iowa: Section 1. That the dedication of Dove Street, Ogle Street, Meggan Street, and Sunset Park Circle, to gether with the easements for public utilities all as the same appears upon said plat; be and the same are hereby accepted and that said streets be and are hereby established as public streets in the City of Dubuque; Section 2. That the plat of Lot A Block 6 Sunset Park Subdivision, Lot I of Mineral I.ot 451 except the South 910 feet; and Lot 2 of Lot 1 of Lot I of Mineral Lot 452 fig Special Session, March 16, 1964 in the South Fast Quarter of the South Fast One quarter of Section 16. Township 89 North, Range 2 Fast of the 5th Principal Meridian oxcept the South 463 feet thereof in the City of Dubuque, Iowa, which will hereafter be known as Lots 16 through 18 Block 4, Lots 15 through 24 Block 6. Lots 1 and 2 and Lots 15 through 17 Block 8, Lots 1 through 4 and Lot "A" Block 9 and Lots 1 and 2 Block 10 of Sunset Park Subdivision in the City of Dubuque. Iowa, is hereby approved and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque upon said plat providing the Owner of said property, hereinabove named, ex- ecutes written acceptance hereto attached, agreeing: a. To reduce Dove Street, Ogle Street. Meegan Street and Sunset Park Circle to grade as shown by the profiles sub- mitted with the plat. b. To surface Dove Street, Ogle Street. Meggan Street and Sunset. Park Circle for a width of 30 feet with 8" Rolled Stone Base, 21n'• Asphaltic Concrete Surfacing and Concrete Curb and Gutter. All of the forego - Ing shall be constructed ac- cording to the latest City of Dubuque specifications. c. To install sidewalks on both sides of Dove Street, Ogle Street., Meggan Street and Sunset Park Circle in accord- ance with the City of Dubuque Standard Specifications for Permanent Sidewalks. d. To install water mains in ac- cordance with plans submitted with this plat. e. To install sanitary sewers in accordance with plans submit- ted with this plat. f. To install sanitary sewer and water house laterals for each lot to behind the property line. g. To construct the foregoing inr provements in accordance with plans and specifications approved by the City Manager and under the inspection of the City Engineer. h. To maintain all street im• provements anti sewer and wa• ter mains for a period of four (4) years from the date of its acceptance. i. To construct said improve• ments prior to November 30, 1965. j.To provide the foregoing con• struction and maintenance at the expense of the Owner. and further provided that the Schiltz Development Corporation as Owners of said Subdivision se. cure the performance of the fore going conditions by providing se- curity in such sums and with such sureties as may be acceptable to the City Manager; Seetlan 9. That in the event Schiltz Development Corporation shall fail to execute the acceptance and provide security provided for in Section 2 hereof within forty. five (45) days from the date of this Resolution the provisions here- of shall be null and void F.nd the acceptance of the dedication and approval of the plat shall not be effective. Passed, adopted and approved by recorded roll call vote this 16th day of March, A.D.. 1964. Robert J. Horgan Mayor Richard Ludwig Peter J. Takos Eldon A Pfohl .lames J. Kean Councilmen Attest: Leo F. Frommelt City Clerk To Leo F. Frommelt, City Clerk: This is to certify that the se- curity required for the foregoing Resolution 41.64 has been provided by the Owner. Dubuque. Iowa, April 9. 1964. City Manager ACCEPTANCE OF RESOLUTION NO. 41.64 Schiltz Development Corporation having read the terms and condi- tions of the foregoing Resolution No. 41-64 and being familiar with the contents thereof. hereby ac- cepts the same and agrees to per- form the conditions therein re guired. Schiltz Development Corporation J. H. Schiltz. President L J. Schiltz, Secretary Dated March 18. 1.464 Special Session, March 16, 1964 63 Councilman Takos moved the adoption of the resolution. Second- ed by Councilman Ludwig. Carried by the following vote: Yeas — Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. Proof of Publication, certified to by the Publisher, of Notice of Public hearing to consider Notice of Pendency of Resolution of Ne- cessity for public improvements upon proposed plans and specifi- cations form of contract and cost of improvements for the extension of the twelve inch Catfish Creek Sanitary Sewer from the existing sanitary sewer in Pennsylvania Avenue northwesterly through var- ious described property in Section 21, Twp. 89 N. R. 2E of 5th P. M. presented and read. Mayor Horgan moved that the proof of publication be received and filed. Seconded by Councilman Takos. Carried by the following vote: Yeas — Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. (Necessity for Improvement) RESOLUTION NO. 21.64 Whereas, proposed plans, speci- fications, form of contract 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 show- ing among other things the fol- lowing: I. The street to be improved. 2. The plan of such improve- ment. 3. An estimate of the cost of the proposed improvement. For the extension of the twelve inch Catfish Creek Sanitary Sewer from the existing sanitary sewer in Pennsylvania Avenue north- westerly through the E. 300' -VV. 430' Lot 2 of Lot 2 of the SE — SE '.i4: E 80'-W 130' -NV 430' Lot 2 of Lot 2 -SE !/4 -SE ',a: W 751.5 - Lot 1 of Lot 1 of Lot 1 of the SE '/4: SE '/4: and Lot 1 of Lot 1 and Lot 2 of Lot 1 of the NE 1/4 -NE 1/4 to Station 22+57.79, thence westerly through Lot 1 of Lot 1 of the NW 'ia-SE 1/4 to the westerly property line of said lot: all of the above described property is locat- ed in Section 21 T 89 N, R 2E, 5th P.M. Be It Therefore Resolved that the City Council on its own motion or upon petition of property own. ers, deems it advisable and neces. sary 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 res- olution have on file with the City Clerk objections to the amount of the cost of improvement, they shall be deemed to have waived all ob- jections thereto. Said improvement shall be con- structed and done in accordance with the plans and specifications which have been prepared therefor 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 improvement will be paid from the Sanitation Fund. The above resolution was intro- duced, approved and ordered placed on file with the City Clerk this 10th day of February, 1964. Approved and placed on file for final action. RECORD OF FINAL ADOPTION The foregoing resolution was fi- nally passed and adopted, as pro- posed by the City Council this 16th day of March 1964. Robert J. Horgan Mayor Richard Ludwig Peter J. Takos Eldon A. Pfohl James J. Kean Councilmen Attest: Leo F. Frommelt City Clerk Mayor Horgan moved the adop- tion of the resolution. Seconded by Councilman Pfohl. Carried by the following vote: Yeas — Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. Proof of Publication, certified to by the Publisher, of Notice to Con- tractors of the receipt of propos- als for the construction of the Cat- fish Creek Sanitary Sewer Exten- sion in Pennsylvania Avenue northwesterly through various de- scribed property in Section 21, 84 Special Session, March 16, 1,984 Twp. 89 N.R. 2 E. of 5th P.M., pre- sented and read. Mayor Horgan moved that the proof of publication be received and filed. Seconded by Council- man Takos. Carried by the follow- ing vote: Yeas — Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. March 16, 1964 To the Honorable Mayor and City Council Gentlemen: Sealed bids were received until 10:00 A.M. Monday, March 16, 1964 for the Catfish Creek Sanitary Sewer Extension. The lowest bid received was submitted by Smitty's Excavation Service of Dubuque, Iowa. The bid. was 24.19% under the estimate: A tabulation of bids received is attached. I recommend that the award for this project be temporarily de- ferred at this time. I also recom- mend that the City Treasurer be instructed to return the bid check to the bidders, with the exception of the bid check of Smitty's Ex- cavation Service. Very truly yours, Gilbert D. Chavenelle City Manager Councilman Ludwig moved that the recommendation of the City Manager be approved. Seconded by Mayor Horgan. Carried by the following vote: Yeas — Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. RESOLUTION NO. 42-64 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 Coun- cil of the City of Dubuque, Iowa that the following applications be granted and licenses issued upon the compliance with the terms of the ordinances of the City. CLASS "B" BEER PERMIT Southern Lounge, Inc. d/b/a Holi- day Restaurant, 1111 Dodge Street Florance T. Deutsch, 45 West 13th Street CLASS "C" BEER PERMIT William J. B. White. 1993 Asbury Street Passed, adopted and approved this 16th day of March, 1964. Robert J. Horgan Mayor Richard Ludwig Peter 3. Takos Eldon A. Pfohl James J. Kean Councilmen Attest: I" F. Frommelt City Clerk Mayor Horgan moved the adop• tion of the resolution. Seconded by Councilman Ludwig. Carried by the following vote: Yeas — Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos, Nays—None. RESOLUTION NO. 43.64 Whereas, applications for Beer Permits were filed by the within named applicants and they have re- ceived the approval of this Coun- cil; and Whereas, the premises to be oc- cupied by such applicants were in- spected and found to comply with the ordinances of this City and they have filed proper bonds: Now Therefore, Be It Resolved 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 ap- plicants a Beer Permit. CLASS "B" BEER PERMIT Southern Lounge, Inc. d/b/a Ifoli. day Inn Restaurant, 1111 Dodge Street Florance T. Deutsch, 45 West 13th Street CLASS "C" BEER PERMIT William J. B. White, 1993 Asbury Street Be It Further Resolved that the bonds filed by such applicants be and the same are hereby approved. Passed, adopted and approved this 16th day of March, 1964. Robert J. Horgan Mayor Richard Ludwig Peter J. Takos Eldon A. Pfohl James J. Kean Councilmen Attest: Leo F. Frommelt City Clerk Special Session, March 16, Myfi4 65 Mayor Horgan moved the adop- tion of the resolution. Seconded by Councilman Ludwig. Carried by the following vote: Yeas — Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. Councilman Ludwig moved that the City Manager direct depart- ments involved in the construction of sidewalks to check with sur- rounding cities to determine what type of sidewalk ordinance they have currently in effect. Seconded by Councilman Pfohl. Carried by the following vote: Yeas — Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. Mrs. Otto Donath inquired of the Council if her previous peti- tions are matters for the court to decide why has nothing been done about it. City Solicitor Russo in- formed the Council that he is working on it. There being no further business Mayor Horgan moved to adjourn. Seconded by Councilman Ludwig. Carried by the following vote: Yeas — Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. Leo F. Frommelt City Clerk :-: proved AIIJ uUSt...10.r..1964. Adopted Augur t 10 , ...........1 councilmen: Atted..d4J-....... 06 Special Session, March 23, 1964 CITY COUNCIL OFFICIAL Special Session, March 23, 1964. Council met at 11:45 A.M. C.S.T. Present Mayor Horgan, Coun- cilmen Kean, Ludwig, Takos. City Manager Gilbert D. Chavenelle. Absent — Councilman Pfohl. Mayor Horgan read the call and stated that service thereof was duly made and this meeting is called for the purpose to consider adoption of a resolution revoking a Class B Beer Permit issued to Leonard H. Crane and acting on any other business which may properly come before a regular meeting of the City Council. A resolution calling for the re- vocation of Class "B" beer permit No. 71 issued to Leonard H. Crane d/b/a Holiday Inn at 720 Iowa Street was presented and read. Councilman Ludwig moved that the Council go into executive ses- sion at this time and the news media be invited but on a non. reporting basis. Seconded by Ma- yor Horgan. Carried by the follow- ing vote: Yeas — Mayor Horgan, Council- men Kean, Ludwig, Takos. Nays—None. Absent — Councilman Pfohl. At the conclusion of the session Councilman Takos moved that the matter be referred back to the City Solicitor for additional infor- mation. Seconded by Mayor Hor- gan. Carried by the following vote: Yeas — Mayor Horgan, Council- men Kean, Ludwig. Takos. Nays—None. Absent ---Councilman Pfohl. There being no further business Mayor Horgan moved to adjourn. Seconded by Councilman Kean. Carried by the following vote: Yeas — Mayor Horgan, Council- men Kean, Ludwig. Takos. Nays—None. Absent—Councilman 11fohl Leo F. Frommelt City Clerk Approved A�....... u8 t 1�.. 1964 ............... Ad Co Regular Session, April 6, 196.4 67 Board of Health OFFICIAL Regular Session, April 6, 1964. Board met at 7:25 P.M. C.S.T. Present—Chairman Robert J. Hor- gan, Messrs. James J. Kean, Rich- ard Ludwig, Eldon A. Pfohl, Peter J. Takos. D:. Albert J. Entringer. Dr. Entringer discussed the pro- gress of the air pollution problem within the City. There being no further business Chairman Robert J. Horgan moved that the Board of Health meeting adjourn. Seconded by Mr. Peter J. Takos. Carried by the following vote: Yeas—Chairman Robert J. Hor- gan, Messrs. James J. Kean, Rich- ard Ludwig, Eldon A. Pfohl, Peter J. Takos. Nays—None. Leo F. Frommelt, Clerk Board of Health A ust 10r9� Approved ...... .......... ....I..... Adopted ...,August 10 Members ofA-MV". `S`,i'•-'X-�`-"•' Bd. of Health { JGUO'.. /Clerk Board of Health. CITY COUNCIL OFFICIAL Regular Session, April 6, 1964. Council met at 7:30 P.M., C.S.T. Present—Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. City Manager Gilbert D. Chavenelle. Mayor Horgan read the call and stated that service thereof had been duly made and this is the regular monthly meeting of the Council for the purpose of trans- acting such business as may proper- ly come before the meeting. Mayor Horgan called for a moment of silence in tribute to the memory of the late General Doug- las MacArthur. lie also read a copy of the letter sent to the widow of the late General expressing the heartfelt sympathy of the commun- ity. Copy of resolution submitted by the Dubuque County Medical So- ciety Auxiliary recommending es- tablishment of an Authority for the purpose of constructing a Coun- ty -City Building, presented and _Xead. Mayor Horgan moved that Ift copy of resolution be received by Councilman ean.. Carried by the following A s Mayor Horgan, Council - can, Ludwig, Pfohl, Takos. Nays—None. Certificate of Authority issued by the Commissioner of Insurance ,ef the State of Iowa authorizing the Merchants Mutual Bonding Co. to transact their Fidelity and Sure- nce business until April 1, 1965, within the State presented and read. Mayor Horgan moved that the certificate be received and filed. Seconded by Council- man Ludwig. Carried by the fol- lowing vote: Yeas—Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. Communication of D u b u q u e Chapter of the Painting & Decorat- ing Contractors of America Ack- nowledging t h e consideration shown by the Police Department to out of town guests attending their convention, presented and read. Mayor Horgan moved that the communication be received and filed. Seconded by 68 Regular Session, April 6, 1984 Pfohl. Carried by the following vote: Yeas—Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. Communication of Sam T. Pusa- teri, realtor, announcing the pur- chase of 110 acres of land under the name of "Mississippi Shores Public Golf Course," located 8 miles north of Dubuque to be used as a nine hole public golf course, presented and read. Mayor Horgan moved that the communication be received and filed. Seconded by Councilman Kean. Carried by the following vote: Yeas—Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. Communication of H. E. Dilworth suggesting that if a sidewalk ord- inance is adopted that it would be flexible, even though the City must maintain its right of en- fircement, that every property owner would have the right to question the need for walks in given areas, presented and read. Councilman Takos moved that the communication be referred to the Council for consideration in rela- tion to a sidewalk ordinance. Sec- onded by Councilman Ludwig. Car- ried by the following vote: Yeas—Mayor Horgan, Council. men Kean, Ludwig, Pfohl, Takos. Nays—None. March 30, 1964 To the Honorable Mayor and City Council Gentlemen: I have received a request from Mr. and Mrs. John R. Sturman, 2625 Carroll Street, requesting that a street light be erected at the top of Carroll Street. Upon investigation by L. C. Norton, Electrical Inspector, and due to the fact that this is a re- cently developed area, it is recom. mended that one 4000 lumen incan- descent light be erected on pole presently located at the upper bend of Carroll Street. Respectfully submitted, Gilbert D. Chavenelle, City Manager Councilman Takos moved approv. al of the recommendation. Second. ed by Mayor Horgan. Carried by the following vote: Yeas—Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. April 3, 1964 To the Honorable Mayor and City Council Gentlemen: I submit to you the Actuarial Re. port concerning the Police and Fire Retirement Systems. The report is by Haight, Davis and Haight, Inc. It is as of Decem- ber 31, 1963. The last report was December 1961. It is the practice of the Retirement Board to have the Retirement Systems analyzed every two years. Respectfully, Gilbert D. Chavenelle, City Manager Councilman Takos moved that the report be received and filed. Seconded by Mayor Horgan. Car. ried by the following vote: Yeas—Mayor Horgan, Council. men Kean, Ludwig, Pfohl, Takos. Nays—None. April 3, 1964 To the Honorable Mayor and City Council Gentlemen: This is to advise that I have approved the following bonds and policies and desire to have your approval on same for filing, sub- ject to the approval of the City Solicitor: SIDEWALK Wendelin Rettenberger (1/b;a Ret tenberger Tree and Landscape Service, Bond No, 151142 Merch. ants Bonding Co. Robert Shireman, Merchants Mu- tual Bonding Co. Ed. Turnquist Company, Inc., Pol- icy No. UL -1016, The Fidelity & Casualty Co. Donald Walser and John T. Link d/b/a Walser and Link, Bond No. 2814-13.169-63, U.S. Fidelity & Guaranty Co. M. P. Kluck and Son, Bond No. 28214-13.624.53, U.S. Fidelity & Guaranty Co. Raphael H. Strub, Bond No. 604791, Western Surety Co. PERFORMANCE Tri-State Paving Company, Policy No. CL 872489, Bituminous Cas- ualty Corp. EXCAVATION John Jones, Policy No. CL 49139, Ohio Farmers Insurance Co. Respectfully submitted, Gilbert 1). Chavenelle, City Manager Rt pilar Session, April 6, 1964 69 Councilman Takos moved that the bonds and policies be filed sub- ject to the approval of the City Solicitor. Seconded by Mayor Hor- gan. Carried by the following vote: Yeas—Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. it to the Iowa State Highway Com- mission. Respectfully, Gilbert D. Chavenelle, City Manager Councilman Takos moved that the recommendations of the City Manager be approved. Seconded by April 3, 1964 Councilman Pfohl. Carried by the To the, Honorable Mayor following vote: and City Council Yeas—Mayor Horgan, Council. Gentlemen: men Kean, Ludwig, Pfohl, Takos You have before you for consid. Nays—None. eration a proposed three party agreement for the coordination and control of Urban Transporta- tion Planning in the Dubuque area. The parties to the agreement are the City of Dubuque, Dubuque County and the Iowa State highway Commission. The agreement provides for a Co- ordinating Committee for the con- duct of a transportation study which will include a member from the City of Dubuque, Dubuque County and the Iowa State High- way Commission. A representative of the Bureau of Public Roads will be an ex officio member. The agreement also provides that transportation planning will be a continuing process and guidelines are set out for the comprehensive character of the planning work. I recommend that the City enter into the proposed agreement for these reasons. 1. The transportation planning presently being carried on by the City is in accord with this agreement. The City has al ready accomplished or is ac- complishing much of the work prescribed. 2. The agreement will provide co- ordination for transportation plans in our area. 3. The agreement should provide the means of more effectively informing the Iowa State High- way Commission of Dubuque area plans. 4. The agreement is necessary to permit participation by the State and Federal Agencies in the cost of constructing pri- mary road extensions within the City. I request that the: Mayor be authorized to sign the agreement and that the City Clerk be instruct- ed to forward the agreement t the Board of Supervisors and, after approval by the County, forward April 6, 1964 To the Honorable Mayor and City Council Gentlemen: I have received a request to increase the intensity of street lighting on University Avenue from Algona to Asbury. After investigation by the Elec- trical Inspector, it is recommended that the five present lights between Asbury and Algona on University Avenue be removed and that ten 175 watt mercury vapor luminar lights be installed on 12 foot mast arms at the following locations: 1. South side of University at in- tersection with Asbury. 2. Northwest corner of Asbury and University. 3. Southeast side of University at junction with Asbury. 4. North side University -east side alley. 5. University and O'Hagen, north side on existing pole. 6. University at west side of in- tersection with Irving. 7. University on west side of junc- tion with Loras. 8. University on existing pole north side at McCormick inter. section. 9. University on existing pole at 2047 University. lo. Southeast corner of University and North Algona. See attached plat. Respectfully submitted, Gilbert D. Chavenelle City Manager Councilman Takos moved that the recommendation of the City Manager be approved. Seconded by Councilman Kean. Carried by the following vote: o Yeas—Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. Regular Session. April 6, 1964 Til April 6, 1964 ceedings. Seconded by Councilman To the honorable Mayor I Pfohl. Carried by the following and City Council vote: Nays—None. Gentlemen: The petition of Harold J. Riesel- March 31, 1964 man requesting additional street Honorable Mayor lighting on White Street between and City Council 30th and the present light at 32nd Gentlemen: Street has been referred to the city At a regular meeting of the Du - manager and electrical inspector buque Planning and Zoning Com - for investigation and report. mission held on March 26, 1964, Upon investigation it is recom- the following action was taken: mended that the street light pres- Motion by Commissioner Flynn, ently located between Lot 314 and supported by Commissioner Dein- 313 be moved to location between inger, that the petition to rezone lots 310 and 311, and that two Lots 28 and 29 in Lenox Addition additional lights be installed—one to Multiple Residence District be between lots 315 and 316 and the denied. other at the intersection of 32nd Motion carried. Street and White Street. All of the The Commission is of the opinion above lots are in the Davis Farm that the nature of the surrounding Addition. area does not warrant the exten- These lights to be 4000 lumen in- sion of Multiple Family use to Bev - candescent. erly Avenue, nor any further ex - Respectfully submitted, tension to the east on University Gilbert D. Chavenelle, Ave. City Manager Respectfully submitted, Councilman Takos moved that Frank J. Glab, Secretary the recommendation of the City Planning do Zoning Commis - Manager be approved. Seconded by sion Councilman Kean. Carried by the Councilman Kean moved that following vote: the recommendation of the Plan- Yeas—Mayor Horgan, Council- ning do Zoning Commission be ap- men Kean, Ludwig, Pfohl, Takos. proved. Seconded by Councilman Nays—None. Takos. Carried by the following March 31, 1964 vote: Honorable Mayor Yeas—Mayor Horgan, Council - and City Council men Kean, Ludwig, Pfohl, Takos. Gentlemen: Nays—None. At a regular meeting of the Du- Notice of car damage claim sub- buque Planning and Zoning Com- mitted by Stowell Insurance Ag - mission held on March 26, 1964, ency Sterling, Ill., in the amount the following action was taken: of $25.20 for repairs on a car Motion by Commissioner Flynn, owned by Kenneth Pentland dam- supported by Commissioner Dein- aged by a falling meter while park- inger, that the petition to rezone ed at 810 Main Street on March 5, Lot 37 of the Subdivision of 1964. Mayor Horgan moved that Mineral Lot No. 39 from Single the notice of claim be referred to Family to Local Business "A" be the City Solicitor for investigation granted. and report. Seconded by Council - Motion carried. man Takos. Carried by the follow - This lot is located between 251 ing vote: and 257 Southern Avenue and will Yeas—Mayor Horgan, Council - be used by O'Neill Fuel and Heat.- men Kean, Ludwig, Pfohl, Takos. ing Company for a one-story office Nays—None. building. Notice of claim of Mrs. Laura Respectfully submitted, Galloway, in an unspecified Frank J. Glab, Secretary amount, for personal injuries re - Planning do 'Zoning Commis- ceived in a fall on a defective Sion sidewalk on 10th street between Councilman Kean moved that Main and Locust on March 26, 1964. the recommendation of the Com. Councilman 'Takos moved that the mission be approved and referredI notice of claim be referred to the to the Solicitor for proper pro- City Solicitor for investigation and Session, April 6, 1964 71 report. Seconded by Mayor Horgan. Carried by the following vote: Yeas—Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. Notice of suit of Herbert Ii. Besler, in the amount of $2,000., for personal injuries received in a fall on W. 13th street between Iowa and Main due to ice and snow, on January 2, 1964, presented and read. Councilman Takos moved that the notice of suit be referred to the City Solicitor for investiga- tion and report. Seconded by Ma - ,N or Horgan. Carried by the follow- ing vote: Yeas—Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. March 31, 1964 Honorable Mayor and City Council Gentlemen: At a regular meeting of the Du- buque Planning and Zoning Com. mission held on March 26, 1964, the following action was taken. Motion by Commissioner Bush, s u p p o r t e d by Commissioner Flynn, that the recommendation of the City Manager relative to the vacation of East Tenth Street from Pine Street east to its east. ern terminus be approved, and the approval by the City Council is recommended. Motion carried. Respectfully submitted, Frank J. Glab, Secretary Planning &Zoning Commis- sion Mayor Horgan moved that the recommendation of the Commission be approved. Seconded by Council- man Takos. Carried by the follow- ing vote: Yeas—Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. ORDINANCE NO. 5.64 An Ordinance Vacating East Tenth Street Lying between the east property line of Pine street and the west property line of Lot 1 of Lot 2 of Lot 2 of Lot I in Fractional Congressional Lot 8 in Section 19, Township 89, Range 2 East of 5th P. M. to be hereafter known and described as Lot "A" of Vacated East Tenth Street and Lot "B" of vacated East Tenth Street, presented and read. Councilman Takos moved that the reading just had be considered the first reading of the Ordinance. Second by Mayor Horgan. Carried by the following vote: Yeas—Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. Councilman Takos moved that. the rules be suspended requiring an Ordinance to be read on three separate days. Seconded by Mayor Horgan. Carried by the following vote: Yeas—Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. ORDINANCE NO. 6.64 AN ORDINANCE VACATING EAST TENTH STREET LYING BETWEEN THE EAST PROP- ERTY LINE OF PINE STREET AND THE INE OF LOT IS OF PLOT 2RTY OF I.OT 2 OF LOT 1 IN FRACTION- AL CONGRESSIONAL LOT 8 IN SECTRANGIEN2 EAST 19, OF TOWNSHIP OF 6THP. M. TO BE HEREAFTER KNOWN AND DESCRIBED AS LOT A OF V A C A T E D EAST TENTH STREET AND LOT B OF VA- CATED FAST TENTH STREET. WHEREAS, the City Council deems it in the beet public Inter- est that the following described street be vacated in the best pub- lic interest; and WHEREAS, the Planning and Zoning Commission of Dubuque. Iowahas recommended the vaca- tion of said aforedescribed street as itserves no public Interest for street purposes. NON THEREFORE BE IT OR - By THE ITY COUN- CILINED OF DUBUQUECIOWA: Section I. That portion of East Tenth Street lying between the East property line of Pine Street and the Went pt yline fLt 1otLot 2ofLe2ofLot1n Fractional Congressional Lot 8 In Section 19, Township 89, Range 2 East of 6th P. M. and hereafter known as Lot A of vacated East TentFr Tenth Street anStreet the and vacated t h e Name in hereby vacated. Section 2. That the Pint dated March 12, 1964 attached hereto of the property hereinabove described be provedd anB d the Mayor ane same is d City Clerk be and they are hereby Au- to execute thorized and directed the same and the City Clerk to cause said Plat to be recorded in the office of the Dubuque County Recorder. Section 3. That a certified copy or ) Cl offof lent h Dubuque County Re- corder. e - corder. Paesod, adopted and approved A. this BLhROB9of ERTAJ rIHORGAN 1864. Mayor RICHARD I.UDWIG PETER J. TAKOS ELDON A. PFOHL JAMES J K CAN Regi lar Session, April 6, 196472 Attest: I Leo F. Fmmmelt City Clerk Pubed graph�IHerald1Newspaper thisT10th day of April, 1464. Leo F. Frnmmelt City Clerk It. 4-10. Councilman Takos moved the adoption of the Ordinance. Second- ed by Mayor Horgan. Carried by the following vote: Yeas—Mayor Horgan, Council- men Kean, Ludwig, 131fohl, Takos. Nays—None. April 1, 1964 Honorable Mayor and City Council Gentlemen: The Building Code Committee of the City of Dubuque, Iowa, has considered communication regard- ing storage garages and the erec- tion of bulk stations for Flammable I.,iquids. We believe that Standards that are set. by Recognized Agencies after exhaustive research and care- ful consideration should be used as long as they fit the particular locality and subject. The storage of private pleasure cars can well l,e served by the fifty pound per square foot live load requirement as long as the access is restricted to this type of vehicle and so controlled. We recommend that a new Classification be inserted in Section 903 of the Building Code immediately following Garages, line 8 page 52 stating: Garages, storage private pleasure cars live load per square foot 50 pounds. The above ground storage of Flammable Liquids as outlined in the Building Code did not antici- pate the erection of a large bulk storage plant. The Standard as recommended by the National Board of Fire Underwriters known as N.B.F.U. Standard No. 30 for the storage, handling and use of Flammable and Combustible Liquids is much more specific as the volume of tanks against size of dikes, seperation distance of tanks and fire protection. If a site can be obtained to accomodate these requirements then the adop- tion of Standard No. 30 would be very desirable. Therefore we recommend that Section 2406 be amended and sub section (A) and (a) I. be deleted and the following substituted therefore: Section 2406. Above ground tanks: All above ground tanks for the storage of Class I, II and III flammable liquids shall be installed in accordance with National Board of Fire Undervriters Standard for the Storage, handling and use of flammable and combustible liquids No. 30 as dated .July 1963. Respectfully submitted, George Deininger, Chairman Dubuque Building Code Committee Councilman Takos moved that the recommendation of the Build- ing Code Committee be approved. Seconded by Councilman Ludwig. Carried by the following vote: Yeas—Mayor Horgan. - Kean. Ludwig, Pfohl, Takos. Nays—None. ORDINANCE NO. 6.64 An Ordinance Amending the Building Code of the City of Dubuque, Iowa, by repealing Section 2406 thereof and enact. ing a new Section 2406 in lieu thereof containing general pro- visions pertaining to require- ment for above ground tanks, embankments and dikes, presented and read. Councilman Takos moved that the reading just had be considered the first reading of the Ordinance. Seconded by Councilman Ludwig. Carried by the following vote: Yeas—Mayor Horgan. Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. Councilman Takos moved that the rules be suspended requiring the reading of an Ordinance on three separate days. Seconded by Councilman Ludwig. Carried by the following vote: Yeas—Mayor Horgan, council- men Kean, Ludwig, Pfohl, Takos. Nays—None. Ordinance No. 6.64 AN ORDINANCE_ AMENDING THE BUILDING CODE OF THE CITY OF DUBUQUE. IOWA, BY REPEALING SECTION 2406 THEREOF AND ENACTING A NEW SECTION 2406 IN LIEU THEREOF CONTAINING GEN- ERAL PROVISIONS PERTAIN. ING TO REQUIREMENT FOR ABOVE GROUND TANKS, EM. BANKMENTS AND DIKES. Be It Ordained IIy the ('u). Council of 1)uhuque, Iowa: Section 1. That Sectloo 8406 of the Building Code of the City of Dubuque, Iowa be and the Same IS hereby repealed and it new So - Regular Session, April 6, 1964 73 Uon 2406 be enacted In lieu thereof asfollows, to wit: "S e c t l o n 2406. Aboveground Tanks. (a) All aboveground tanks for the storage of Class 1, II and IIi flammable liquids shall be installed In accordance with National Board of Fire Underwriters Standard d Use of flammablehe rand combustible handling ItquIda No. 30 as dated July 1968." 1. The owner of any above - p ossaage of thist�articleprior and In a lothe ration where breakage or over- flow would present a fire hazard ty,hallerect embankments l endanger surrounding peor dikes about such tank or tanks whenever the City Council In its eBound discretion order embankments or dikes erected. such ected 2. Embankments and dikes may be on- tainingp Class lensed l. Flammth for able Liq- uids with a flash point above 200' F. when in the opinion of the Fire Chief and the Building Commis- sioner are notd reasonablvntneces- Barryy to protect adjacent prop arty. (b) Above ground Uyetled Pe- troleum Tanks, Special Provlslons. 1. When In the udppgment artment of the and Chief Building tco mmissioner. said embankments and dikes are not necessary to protect adjacent prop- erty, due to local conditions, they may be dispensed with. 2. Tanks may be ordered fenced by the Chief of the Fire Depart- ment and the Building Commis- sioner when in their judgment such fencing to a necessity to pro- duce pproper safeguards. 3. A 11 installations including Liquefied Petroleum (las Tanks, foprmgtondthegN B.F.U. ehall con - pamphlet No. 68. Section 2. This Ordinance shall be In full force and effect from and after its final passage, ad%tlon and publication as by law provided. Introduced the 6th day of April, 1964. Rule requiring reading on three separate days auspended by unan- Imous vote the 6th day of April, 1964. Passed by recorded roll call vote, adopted and approved this 6th day of April, 1964. Robert J. Horgan Mayor Richard Ludwig Peter J. Takos Eldon A .Pfuhl James J. Kean Councilmen Dubuque, Iowa by Repealing subaectien 2 of Section 902 thereof and enacting a new sub- section 2 of Section 902 in lieu thereof, presented and read. Councilman Takos moved that the reading just had be considered the first reading of the Ordinance. Seconded by Councilman Ludwig. Carried by the following vote: Yeas—Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. Councilman Takos moved that the rules be suspended requiring an Ordinance to be read on three separate days. Seconded by Councilman Ludwig. Carried by the following vote: Yeas—Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. Ordinance No. 7.64 AN ORDINANCE AMENDING THE BUILDING CODE OF THE CITY OF IOWA BY REPEALING SUBSECTION 2 OF SECTION 902 THEREOF AND ENACTING A NEW SUBSEC- TION 2 OF SECTION 902 IN LIEU THEREFORE. Be It ordained By The City Council of Dubuque, Iowa: Section 1. That sub -section 8 of Section 902 of the Building Code of the City of Dubuque, Iowa be and the same is hereby repealed and a new .ub-section 2 of Section 902 be enacted in lieu thereof as follows, to wit: Section 902. 2. Floor Loads. No floor hereaf- ter erected in a building shall be designed for less that the following live loads per square foot of area uniformly distributed, according as the floor may be intended to be used for the purposes indicated: Minimum live load Occupancy lbs. per sq. R Atlemt: Leo F. Frommelt City Clerk Published officially in The Tele- iraph-Herald newspaper this 10th y of April, 1964. Leo F. Frommelt City Clerk 1 t. 4-l0 Councilman Takos moved the adoption of the Ordinance. Second- ed by Councilman Ludwig. Carried by the following vote: Yeas—Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. ORDINANCE NO. 7.64 An Ordinance Amending the Building Code of the City of Public Buildings: 16U Armorlea Assembly lecture hall Halls, lecauditoriums, ellurand lod a rooms: 6u With fined .eats lUu With movable seats Lanceezhlbltiun bldga., g r a n dstandeusBuma. museums, passenger tions, recreation piers, res- 100 taurants City Halla, court houses, club 60 rooms Schools and colleges: 40 Classrooms 100 Corridors Theatres: Aisles and projection room$ 101) orchestra fluor 60 Balconies 160 Sta� a floor lnatitutional Buildings: Hospitals, aslums, infirma- ries and can tarlums: 0 operating room$ 40 Private room. 40 Ward. $0 Public spaces L at b o r a tortes and X-Ray1W Rooms 74 Regular Session, April 6, 1964 Penal Institutions, reforms- torles, Jails and houses of correction: Cell blocks 40 Corridors and stairways 100 Nurseries, orphanages and homes for the aged 40 Residence Buildings: Multiple dwellings 100 One and Two family dwel- 11 nga 40 Business Bulldingw Office Buildings so Factories and work shops - light work 1'25 Bakeries and laundries 160 Stores -light merchandise 12. heavy merchandise 260 Storage Buildings: Garages 100 Garages, s t o r a g e private pleasure care 60 Storage warehouses -light 11.6 -heavy 26o Section 2. This Ordinance shall be In full force and effect from and after Its final passage, adop- tion and publicatlon as by law provided. Introduced the Gth day of April, 1964. Rule requiring reading on three separate days suspended by unanl- moue Vole the 6th day of April, 1964. Passed by recorded roil call vote, adopted and approved this 6th day of Aprll, 1964. Robert J. Horgan Mayor Richard Ludwig Peter J. Takes Eldon A. Pfohl James J. Kean Attest; Councilmen Leu F. Frommelt City Clerk Published offlelally In the Tele- graph Herald Newspaper this 10th day of AI)rll 1964. Leo F. Frommelt 1 t. 4 -lo City Clerk. Councilman Takos moved the adoption of the Ordinance. Second. ed by Councilman Ludwig. Carried by the following vote: Yens—Mayor Horgan, Council. men Kean, Ludwig, Pfohl, Takos. Nays—None. Petition of Wm. R. Kolck re- questing a refund of $3.00 as the result of a double purchase of dog license for the same dog, presented and read. Councilman Ludwig moved that the refund be granted and the Auditor instructed to issue proper warrant. Seconded by Councilman Takos. Carried by the following vote: Yeas—Mayor Horgan, Council. men Kean, Ludwig, Pfohl, Takos. Nays—None. Petition of Leo Heiden request- ing a refund of $100. on Class "B" beer license No. 139, presented and read. Councilman Ludwig, moved that the refund be granted and the Auditor instructed to issue proper warrant to Leo Heiden in the amount of $100. to cover the amount due on the unexpired por. tion of. Beer license No. 139. Seconded by Councilman Takos. Carried by the following vote: Yeas—Mayor Horgan, Council. men Kean, Ludwig, Pfohl, Takos. Nays—Note. Petition of Leo Heiden request- ing a refund of $25. on cigarette license No. 84, presented and read. Councilman Ludwig moved that the refund be granted and the Auditor instructed to issue warrant pay- able to Leo Heiden in the amount of $25.00, to cover the amount due on the unexpired portion of cigar- ette license No. 84. Seconded by Councilman Takos. Carried by the following vote: Yeas --Mayor Horgan, Council. men Kean, Ludwig, Pfohl, Takos. Nays—None. Petition of Western Surety Co. requesting release of the Sidewalk construction bond issued in behalf of Clark E. Manahl, presented and read. Councilman Takos moved that the petition be granted pro- viding there are no outstanding claims and subject to the approval of the City Solicitor. Seconded by Mayor Horgan. Carried by the following vote: Yeas—Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. Petition of V. F. W. requesting Permission to hold a poppy sale oil May 15th and 16th, presented and read. Councilman Takos moved that the petition be referred to the City Manager and Mayor. Seconded by Councilman Ludwig. Carried by the following vote: Yeas—Mayor Iiorgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. Petition of Iowa State Highway Commission information as to the possibility of the City providing fire protection for the State Maintenance Garage which is located on Primary Road No. 61 and 151, presented and read. Councilman Pfohl moved that the petition be referred to the City Manager, Fire Chief and City Solicitor. Seconded by Councilman Takos. Carried by the following vote: Yeas ----Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. Regular Session, April 6, 1964 75 Petition of Veterans of World war I of the U.S.A. requesting permission to hold a Memorial Day parade on May 30th, presented and read. Councilman Takos moved that the petition be referred to the City Manager and Mayor. Seconded by Councilman Kean. Carried by the following vote: Yeas—Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. Petition of the American Legion Junior Drum & Bugle Corps #6, requesting permission to hold "Junior Duke's tag days on April 17, 18, 24, 25, presented and read. Councilman Takos moved that the petition be referred to the Mayor and City Manager. Seconded by Councilman Ludwig. Carried by the following vote: Yeas—Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. Petition of Loras College re- questing the vacation and con- veyance of Catherine street lying between Lots 35 and 36 and two alleys all being in Yates Sub. and Hellion & Bairds Sub., they being the only abutters, in order to permit orderly expansion of the campus, presented and read. Councilman Takos moved that the petition be referred to the Plan- ning and Zoning Commission. Seconded by Councilman Kean. Carried by the following vote: Yeas—Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. Petition of N. W. Bell Telephone Co. requesting permission to cut the pavement at 207 E. 22nd street for emergency cable repair, pre- sented and read. Councilman Takos moved that the petition be granted. Seconded by Mayor Horgan. Carried by the following vote: Yeas—Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. Petition of Mr. and Mrs. Otto Donath requesting action on their grievances formerly submitted as to Otto's job with the City and the sewer across their property, presented and read. Councilman Takos moved that the petition be referred to the City Solicitor. Seconded by Councilman Ludwig. Carried by the following vote: Yeas—Mayor Horgan, Council. men Kean, Ludwig, Pfohl, Takos. Nays—None. Mayor Horgan moved that the rules be suspended in order to let anyone present address the Council if they so desire. Seconded by Councilman Kean. Carried by the following vote: Yeas—Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. Mrs. Otto Donath addressed the Council relative to her petition. Mr. George Davidsaver addressed the Council by inquiring why Mr. Donath lost his job and why the Council does not let the man know and dispose of this particular case which seems to come up every meeting. The Mayor informed Mr. Davidsaver that the Council does not want to refuse anyone to pre- sent a petition and be heard. Every citizen has that right. After some discussion Council- man Ludwig moved that discussion on this subject be closed for this evening. Seconded by Councilman Takos. Carried by the following vote: Yeas—Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. CITY MANAGER CHAVENELLE LEFT THE MEETING AT 9:10 P.M. Proof of Publication, certified to the Publisher, of Notice of time and place of public hearing to consider sale of property in Lorimers Subdivision to the Tele. graph Herald, presented and read. No written objections were filed and no objectors were present in the Council Chamber at the time of the public hearing. Councilman Takos moved that the proof of publication be received and filed. Seconded by Councilman Kean. Carried by the following vote: Yeas—Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. RESOLUTION NO. 4464 WHEREAS, pursuant to Resolu. tion and notice of time and place of hearing published in the Tele- graph -Herald, a newspaper of gen- oral circulation printed and pub- lished in the City of Dubuque, Iowa, on March 9, 1964 and on March 16, 1964. City Council of Dubuque, Iowa, met on the 6th day lar Se=ssion. April 6, 1964 of April 1964. at 7:30 o'clock P.M.. I same being a regular meeting of the City Council of Dubuque, Iowa, in the City Council Chamber. in the City Hall, City of Dubuque, Iowa. to consider the proposal to dispose of interest in certain real estate at which hearing all inter`ste tParties were afforded an oppo Y be heard for or against such proposal to dispose of interest of City of Dubuque. Iowa in and to the fol- lowing described real estate, to wit: Lot 2 of Lot 10 in Lorimer's Subdivision, Lot 2 of Lot 2 in Lorimer's Subdivision, Lot 2 of Lot 3 in Lorimer's Subdivision, and Lot "A" in Lorimer's Sub- division, all in the City of Du- buque, Dubuque County, State of Iowa; and WHEREAS, any and all objec- tions to the disposal of the interest I of City of Dubuque, Iowa in and to the above described real estate to the Telegraph -Herald, an Iowa Corporation, for the sum of Eighteen Thousand Three Hundred Seventy -Five ($18,375.00) Dollars and other good and valuable con- sideration are hereby overruled. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF DUBUQUE, IOWA: Section 1. That the disposal of the interest of City of Dubuque, Iowa in and to certain real estate to the Telegraph -Herald, an Iowa Corporation, for the sum of Eighteen Thousand Three Hundred Seventy -Five ($18,375.00) Dollars and other good and valuable con- sideration be and the same is here. by approved, which real estate is described as follows, to wit: Lot 2 of Lot 10 in Lorimer's Subdivision, Lot 2 of Lot 2 in Lorimer's Subdivision, Lot 2 of Lot 3 in Lorimer's Subdivi- sion, and Lot "A" in Lorimer's Subdivision, all in the City of Dubuque, Dubuque County, State of Iowa. Section 3. That the City Clerk is hereby directed to file a certified copy of this Resolution in the office of theDubuque County Recorder. passed, adopted and approved this 6th day of April, A.D., 1964. Robert J. Horgan Mayor Richard Ludwig Peter J. Takos Eldon A. Pfohl James J. Kean Councilmen Attest: Leo F. Frommelt City Clerk Councilman Takos moved the adoption of the resolution. Second- ed by Councilman Kean. Carried by the following vote: Yeas—Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. Proof of Publication, certified to by the Publisher, of Notice of Pub. lic Hearing to consider proposal to dispose of approximately 15 acres of Airport property to the Iowa State Highway Commission for the purpose of relocating Highway No. 61, for the price of $10,510.00 to include land, borrow, fence and all damages, presented and read. No written objections were filed and no oral objectors were pres- ent in the Council Chamber at the time set for the public hearing. Councilman Takos moved that the proof of publication be received and filed. Seconded by Mayor Hor- gan. Carried by the following vote: Yeas—Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. RESOLUTION NO. 45-64 WHEREAS, pursuant to Resolu- tion and notice of time and place of hearing, published in the. 'Tele- graph -Herald, a newspaper of gen- eral circulation, printed and pub. lished in the City of Dubuque, Iowa, on March 9, 1964 and on March 16, 1964, the City Council of Dubuque, Iowa met on the 6th Section 2. That the Mayor and day of April, 1964 at 7:30 o'clock City Clerk are hereby authorized P.M., same being a regular meet* and directed to execute the Quit ing of the City Council of Dubuque, Claim Deed for and on behalf Iowa, in the Council Chamber in of City of Dubuque, Iowa, covering the City Hall, City of Dubuque, said real estate hereinabove de- Iowa, to consider the proposal to scribed to The Telegraph -Herald, dispose of interest in certain real an Iowa Corporation, and to deliver estate at which hearing all inter - the same upon receipt of the pur- ested parties were afforded an op - chase price of $18,375.00, portunity to be heard for or against Regular Session, April 6, 1964 77 such proposal to dispose of interest of City of Dubuque, Iowa in and to the following described real es- tate, to wit: From Sta. 3774-85+P.L. to Sta. 381+00 a strip 130 feet wide, west side, From Sta. 381-100 to Sta. 383+00 a strip 130.75 feet wide, west side, From Sta. 383+00 to Sta. 389+00 a strip 75 feet wide, west side, From Sta. 389+00 to Sta. 392+ 00 a strip 75-150 feet wide, west side, From Sta. 3921-00 to Sta. 400+ 00 a strip 150 feet wide, west side, From Sta. 400-} 00 to Sta. 401+ 17.4 a strip 150-250 feet wide, west side, From Sta. 401+17.4 to Sta. 402+ 55 a strip 250-110 feet wide, west side, From Sta. 402+55 to Sta. 404+ 18+P.L., all land cast to property line, all in Township 88 North, Range 2, East, County of Du- buque, State of Iowa, consisting of approximately 8.5 acres; and WHEREAS, there being no oral or written objection to proposal to dispose of interest of City of Du- buque, Iowa in and to the above described real estate to Iowa State Highway Commission. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF DUBUQUE, IOWA: Section 1. That the disposal of the interest of City of Dubuque, Iowa, in and to the above described real estate including the right to borrow from approximately 15.1 acres by the Iowa State Highway Commission, all located at the Du- buque Municipal Airport for the sum of Ten Thousand Five Hun- dred Ten ($10,510.00) Dollars be and the same is hereby approved. Section 2. That the Mayor and City Clerk are hereby authorized and directed to execute for and on behalf of City of Dubuque, Iowa, the instrument conveying the above described real estate and granting the right to borrow from approxi- mately 15.1 acres to the Iowa State Highway Commission and to deliver same upon receipt of the sum of $10,510.00. Passed, adopted and approved this 6th day of April, 1964. Robert J. Horgan Mayor Richard Ludwig Peter J. Takos Eldon A. Pfohl James J. Kean Councilmen Attest: Leo F. Frommelt City Clerk Councilman Takos moved the adoption of the resolution. Second- ed by Councilman Kean. Carried by the following vote: Yeas—Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. March 31, 1964 Honorable Mayor and City Council Gentlemen: At a regular meeting of the Dubuque Planning and Zoning Commission held on March 26, 1964, the following action was tak- en: Motion by Commissioner Flynn. supported by Commissioner Bis- sell, that the final plat of Block 4 of Marycrest Subdivision 2 be approved and that the ap- proval of said plat by the City Council is recommended. Motion carried. Very truly yours, Frank J. Glab, Secretary Plannng & Zoning Commis- sion Councilman Takos moved that the communication of the Commis- sion be received and filed. Sec- onded by Councilman Kean. Car- ried by the following vote: Yeas—Mayor Horgan, Council- men Kean, Ludwig, Pfobl, Takos. Nays—None. RESOLUTION NO. 46.64 RESOLUTION APPROVING THE PLAT OF BLOCK 4 MARYCREST SUBDIVISION 2 IN THE CITY OF DUBUQUE, IOWA Whereas, there has been filed with the City Clerk a plat in which: Lot 1 of 1 of 2 of 1 of 1 of 1 of I of 1 of Willy Place in the City of Dubuque, Iowa, is platted as Lots 1 through Lot 5 Block 4 Marycrest Subdivision 2 in the City of Dubuque, Iowa, by George A. Saff ran as Owner thereof; and Whereas said plat has been 7R Regular Session, April 6, 1964 examined by the City Planning and Zoning Commission and ap- proved by said body; and Whereas there appears thereon certain easements for public utili- ties which the owners have upon said plat dedicated to the public forever; and Whereas said plat has been found by the City Council to con- form to the Statutes and Ordin- ances relating thereto and that the necessary public improvements have been installed; NOW THEREFORE, Be It Re- solved By The City Council Of The City of Dubuque, Iowa: Section 1. That the dedication of Public utility easements as the same appear on the plat are here- by accepted. Section 2. That the plat of Lots 1 of 1 of 2 of 1 of 1 of 1 of 1 of 1 of Willy Place in the City of Du- buque, Iowa, which will hereafter be known as Lot 1 through I.ot 5 Block 4 Marycrest 2 in the City of Dubuque, Iowa, is hereby approved and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque upon said plat. Passed, adopted and approved by recorded roll call vote this 6th day of April, A.D., 1964. Robert J. Horgan Mayor Richard Ludwig Peter J. Takos Eldon A. Pfohl James J. Kean Attest: Councilmen Leo F. Frommelt City Clerk Councilman Takos moved the adoption of the resolution. Second- ed by Councilman Kean. Carried by the following vote: Yeas—Mayor Horgan, Council. men Kean, Ludwig, Pfohl, Takos. Nays—None. March 31, 1964 Honorable Mayor and City Council Gentlemen: At a regular meeting of the Du. buque Planning and Zoning Com- mission held on March 26, 1964, the following action was taken: Motion by Commissioner Flynn, supported by Commissioner Bush, 1�w that the final plat of "West Flora" Subdivision be approved, and that the approval of said plat by the City Council is recommended. Motion carried. Very truly yours, Frank .1. Glab, Secretary Planning & Zoning Com. mission Councilman Takos moved that the communication be referred back to the Planning & Zoning Commission and to provide us with a detailed report on their philoso. phy on handling such a plat and review this in the light of past developments in Mozena property Seconded by Councilman Kean. Carried by the following vote: Yeas—Mayor Horgan, Council. men Kean, Ludwig, Pfohl, Takos. Nays—None. Honorable Mayor March 31, 1964 and City Council Gentlemen: At a regular meeting of the Du. buque Planning and Zoning Com. mission held on March 26, 1964. the following action was taken: Motion by Commissioner Bissell, supported by Commissioner Gish, that the recommendation of the City Manager relative to the vaca. tion of the alley north of the City Garage to 15th Street and lying in the block between Elm and Pine Streets be approved, and that approval by the City Council is recommended. Motion carried. Respectfully submitted, Frank J. Glab, Secretary Planning and Zoning Com- mission Councilman Takos moved that the recommendation of the Com- mission be approved. Seconded by Councilman Pfohl. Carried by the following vote: Yeas—Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays ---None, ORDINANCE NO. 8.64 An Ordinance vacating the alley north of the City Garage to 15th street and lying in the block between Elm and Pine Streets hereinafter to be known and described as Lot 187 "A" in East Dubuque an addition in the City of Dubuque, Iowa, presented and read. Councilman Takos moved that Regular Session, April 6, 1964 79 the reading just had be con. sidered the first reading of the Ordinance. Seconded by Council- man Ludwig. Carried by the follow- ing vote: Yeas—Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. Councilman Takos moved that the rules be suspended requiring an Ordinance to be read on three separate days. Seconded by Councilman Ludwig. Carried by the following vote: Yeas—Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. (OFFICIAL ORDINANCE VACATING THE ALLEY NORTH OF THE CITY GARAGE TO 16TH STREET AND LYING IN THE BLOCK BE- TWEEN ELM AND PINE STREETS HEREAFTER TO BE KNOWN AND DESCRIBED AS LOT 187 "A" IN "EAST DU- BUQUE" AN ADDITION IN CITY OF DUBUQUE, IOWA. WHEREAS, Joseph H. Deckert and Myrtle M. Deckert have pe- tltloned the City Council for vaca- tion of that portion of alley north of the City Garage to 15th Street and lying In Block between Elm and Pine Streets, hereafter to be known and described as Lot 187 "A" In "East Du- buque" an Addition In City of DubuQue, Iowa; and WHEREAS, the Planningg and Zoning Commission of Dubuque, Iowa, has recommended the vaca- tion thereof as same serves no public purpose; and WHEREAS, City Council of Du- buque, Iowa determines that said alley serves no public purpose. NOW THEREFORE BE IT OR- DAINED BY THE CITY COUN- CIL OF DUBUQUE, IOWA: Section 1. That the portion of alley north of the City Garage to 15th Street and lying in block between Elm and Pine Streets hereafter to be known and de- scribed as Lot 187 "A" in "East Dubuque" an Addition in City of Dubuque, Iowa, be and the same 1a hereby vacated. Section 2. The City Clerk 1s hereby authorised and directed to file a certified copy hereof In the office of the Dubuque County Re- corder. Section 8. This Ordinance shall be In full force and effect from and after Its final passage, adop- tion and publication as by law provided. Introduced the 6th day of April. 1964. Rule requiring reading on three separate dayssuspended by unani- mous vote the 6th day of April. 1964. Passed by recorded roll call vote. adopted and approved this 6th day N April, 1964. ROBERT J. HORGAN Mayor RICHARD LUDWIG PETER J. TAKOS ELDON A. PFOHL JAMES J. KEAN Councilmen Attest: Leo F. Frommelt City Clerk Published officially in The Tele- graph -Herald newspaper this 16th day of April 1964. Loo F. Frommelt City Clerk 1t. 4-10 Councilman Takos moved the adoption of the Ordinance. Second- ed by Councilman Ludwig. Carried by the following vote: Peas — Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. RESOLUTION NO. 47-64 WHEREAS, the alley lying be. tween Lots 187, 188 and 189 on the westerly side and Lots 214, 215 and 216 on the easterly side and from the line of the southerly street line of East Fifteenth Street to the southerly lot line extended of Lot 189 and 214, in "East Dubu- que" an addition in City of Dubu- que, Iowa, hereafter to be known and described as follows: Lot 187 "A" in "East Dubu- que" an Addition in City of Dubuque, Iowa; and WHEREAS, said alley as above described has been vacated as it no longer serves any public pur- pose and plat thereof prepared bearing date of April 2, 1964 pre- pared by Bartels, McMahan & Le - May Engineering Co.; and WHEREAS, Joseph H. Deckert and Myrtle M. Deckert, owner of the property abutting said vacated alley have offered to purchase the same for the sum of $3,158.56; and WHEREAS, the sale of said vacated alley to Joseph H. Deckert and Myrtle M. Deckert for the sum of $3,158.56 is approved. NOW THEREFORE, Be It Re- solved By The City Council of Dubuque, Iowa; Section 1. That the plat of the alley lying between Lots 187, 188 and 189 on the westerly side and Lots 214, 215 and 216 on the easter- ly side and from the line of the southerly street line of East Fifteenth Street to the southerly lot line extended of Lots 189 and 214, in "East Dubuque" an Ad- dition in City of Dubuque, Iowa, which alley hereafter be known and described as Lot 187 "A' in "East Dubu. que" an Addition in City of Dubuque, Iows which plat bears date of April 2, Regular Session, April 6, 1964 1964 prepared by Bartels, Mc- Mahan & l oMav Engineering Co. be and the same is hereby ap- proved and the Mayor and City Clerk are hereby authorized and directed to execute the same for and on behalf of City of Dubuque, low& and the City Clerk is directed to record said plat in the office of the Dubuque County Recorder. Section 2. That the 4th day of May, 1964, at 7:30 o'clock P.M. in the Council Chamber, City Hall, City of Dubuque, Iowa is fixed as the time and place of hearing on such proposal and to cause notice to be published as by law provided of the intent of City of Dubuque, Iowa to dispose of its interest in and to Lot 187 "A" in "East Dubu- que" an Addition in City of Dubuque, Iowa, to Joseph H. Deckert and Myrtle M. Deckert for the sum of $3,158.56, plus the costs of publication and that no abstract of title will be furnished the purchaser. Passed, adopted and approved this 6th day of April, 1964. Robert J. Horgan Mayor Richard Ludwig Peter J. Takos Eldon A. Pfohl James J. Kean Councilman Attest: Leo F. Frommelt City Clerk Councilman Takos moved the adoption of the resolution and also that the objection to the proposal submitted by Max Blum be refer- red to the time of the public hearing. Seconded by Councilman Ludwig. Carried by the following vote: Yeas—Mayor Horgan, Council. men Kean, Ludwig, Pfohl, Takos. Nays—None. March 31, 1964 Honorable Mayor and City Council Re: Leonard H. Crane Gentlemen: As a further report in connec- tion with my letter to you on Leonard H. Crane together with copy of letter from the Iowa Liquor Control Commission I wish to state that I am advised by the Iowa Liquor Control Commission representative that in the event that you revoke the Class B Beer Permit issued to Mr. Crane, he will lose his liquor permit. However, the establishment may be re -licensed upon application without the one year limitation as I outlined in my letter. Respectfully submitted, R. N. Russo City Attorney Councilman Takos moved that the communication be received and filed. Seconded by Mayor Horgan. Carried by the following vote: Yeas—Mayor Horgan, Council- men Kean, Ludwig. Pfohl, Takos. Nays—None. A resolution was presented call• ing for the revocation of beer license No. 71 issued to Leonard H. Crane. No action was taken on the resolution. Councilman Takos moved (1) that Mr. Crane be instructed to sur- render his beer license to the Police Chief commencing tomor- row morning, April 7, 1964. (2) Mr. Crane surrender his license during the period of his probation which would end June 30, 1964. (3) Mr. Crane be advised that he and his business are being placed on pro- bation until the expiration of his present beer license which is June 30, 1964. Seconded by Councilman Kean. Carried by the following vote: Yeas—Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. Councilman Takos read the fol- lowing statement for the record: The actions of an objective City Council require consistent and fair, and I emphasize fair, policy which is known and understood by the public. I do not believe our policy regarding minors and tavern oper- ators is either clear in our own minds nor in the mind of the public. I believe this condition prevailed at the time of the Iloli- day Inn hearing -1 believe it pre- vails this evening. The City Manager and the Police Chief have acted in what they deemed to be the council's direc• tion and which served to be in the best interest of the public. I do not feel we as a council have outlined the specific course of ac• tion we deem necessary. I have given grave considers tion to our action at the public hearing and I can't evade the prob- Regular Session, April 6, 1964 81 ing question that while we acted conscientiously did we act fairly considering the whole problem. This leads to the next question. Have we attempted to exact too tough a penalty when we have not laid out precise guidelines for both minors and operators. Before exacting such a penalty I have to ask myself, do operators and land- owners realize the extent of the law and more importantly are they fully knowledgeable of the coun- cil's intention in these regards. We have just ended an era of illegal tavern operations and many pre- vious councils were forced to ac- cept the modus opporendi situa- tion as we all well know. We are still in a transition period even though the new laws are effective until this body declares it's inten- tion regarding enforcement and a clear policy is spelled out so no one can say they did not under- stand what would or would not be tolerated. Because of these factors I believe we should reconsider our action against Mr. Crane and substitute the following: 1) That Mr. Crane be instructed { to submit his beer license to the police Chief for a ten day period i commencing tomorrow, April 7th, ! 1964. 2) That Mr. Crane surrender his liquor license during the period of his probation, as henceforth out- lined, which would end on June 30th, 1964. 3) That Mr. Crane be advised that he and his business are being plac- ed on probation until the expira- tion of his present beer license which is July 1st, 1964. 4) If in the opinion of the City Manager and Police Chief, Mr. Crane has successfully performed during this period they shall recommend a license renewal for Mr. Crane with his understanding that at any time the City Manager and Police Chief feel he has failed to comply with standards as set out by the City Council, the Council shall consider a revocation recom- mendation and without a public hearing. Gentlemen, I feel the aforemen- tioned is not only a penalty that we could live better with ourselves but one which would serve the purpose and the incident. It would be more consistent with previous actions of this body. I refer to the Council's penalty imposed on a beer whole. saler convicted of selling beer to a minor. We ordered the establish- ment closed for a period of time and issued a firm warning that re- vocation would be made on a sub- sequent incident. The key to future Council action lies in my second recommendation which calls for a well defined and announced policy regarding both minors and operat- ors. Concerning tavern operators, I Propose: 1) That they be notified of our intention to enforce the law to the letter. 2) That taverns and other beer licensees recognize the problems created by minors and their acute condition relative to enforcement and licensing. 3) That in the future any tavern or beer licensee who fails in the opin- ion of the City Manager and Police Chief to conduct his operation properly, and in particular the handling of minors, he shall be reported to the Council. After re- viewing the findings of the City Manager and Police Chief and if the Council deems the findings sufficient and with cause, a resolu- tion of public reprimand shall be made public. This resolution shall also serve the purpose of a warning to the respective operator and if the warning is not heeded, the City Manager and Police Chief shall recommend revocation to the Coun- cil. The Council shall act according- ly and without affording the af- fected person a public hearing al- though the recovation action shall be a public one. While we exact tight controls on beer licensees I urge the Council to recognize the problem created by the under -aged in this regard. We are living in the era of falsifica- tion of age on wide -scale basis. I recently discovered that my own nineteen year old son attempted to use a false identification card to gain entrance into a tavern. I don't condone his or any minor's nefarious acts. This action virtually imperils any operator's livelihood. He could be wiped out financially by such a capricious act. Therefore 1 believe stepped up enforcement in this area must be done if we are to remain fair and consistent re- garding the total problem. I believe we should ask the judges to evalu- ate their position with regard to the conviction of minors in posses- cL Regular Session, April 6, 1964 of alcoholic beverages and latae identification. It would help raforeement if maximum penalties .ere imposed by the courts. Gentlemen, I have laid before you two areas of consideration. The latter is necessary if our body agrees on the importance of a de- fined and announced policy and one which will penalize the seller and the minor buyer on an equal basis where an infraction occurs. Concerning the Crane incident I would rather take a reverse posi- tion and be labeled inconsistent that to feel I have not been one hundred per cent fair. The only pressure on this reversal comes from within myself. Under the cir- cumstances I feel that revocation of the Crane license would go much farther than to justifiedly penalize this man. I request this statement be entered into the rec- ord a copy forwarded to the Iowa Liquor Commission together with any pertinent action by this body. /s/ Peter J. Takos City Councilman April 6, 1964 Mr. Crane addressed the Council by agreeing that no policy has been laid out for tavern keepers in Du- buque. It is time that the City lays down a policy. He tried to super- vise the minor problem and made a trip to Des Moines to find out about the problem. He concurred in Takos' statement. Councilman Takos moved that his statement be placed into the record and a copy be forwarded to the Chairman of the Iowa Liquor Commission and members of the City Council. Seconded by Council- man Pfohl. Carried by the follow- ing vote: Yeas—Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. Mayor Horgan moved that the City Manager convoke a meeting of the following: City Manager, City Solicitor, City Council, Judges of the Municipal Court and Presi- dent of the tavern owners Associa• tion for the purpose of establishing Policy in the area of beer and liquor control. Seconded by Coun. cilman Ludwig. Carried by the fol• lowing vote: Yeas — Mayor Horgan, Council. man Kean, Ludwig, Pfuhl, Takos Nays --None. COUNCIL RECESSED AT 10:20 P.M. RECONVENED AT 10:30 P.M. April 2, 1964 Ilonorable Mayor and City Council Gentlemen: The West 32nd Street Sanitary Sewer has been completed in ac- cordance with plans and specifica• tions. I recommend the acceptance of the improvement. Very truly yours, Gilbert D. Chavenelle, City Manager Mayor Horgan moved that the recommendation of the City Man- ager be approved. Seconded by Councilman Kean. Carried by the following vote: Yeas — Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. FINAL ESTIMATE RESOLUTION NO. 48.64 WHEREAS, the contract for the construction of a twenty-four inch (24") sanitary sewer and appurten- ances in 32nd St. from the existing manhole at the intersection of White St. and 32nd St., thence westerly in 32nd St, to Grandview Ave., thence southerly in Grand- view Ave. with an eight inch (8'1 sanitary sewer to the southerly property line of I.ot 1 of Lot 2 of Lot 2 of Mineral Lot 359 has been completed and the City Engi- neer has submitted his final esti- mate showing the cost thereof, now therefore, BE IT RESOLVED, by the City Council of the City of Dubuque, That the cost of said improve- ment is hereby determined to be $72,779.25. That none of the cost thereof shall be as-essable upon private property and $72,779.25 shall be paid from the Sanitation Sewage Rental Fund of the City of Du- buque. Passed, adopted and approved this 6th day of April, 1964. Robert J. Horgan Mayor Richard Ludwig Peter J. Takos Eldon A. Pfohl James J. Kean Councilmen Attest: Leo F. Frommelt, City Clerk Regular Session, April 6, 1964 83 Councilman Kean moved the adoption of the resolution. Second- ed by Councilman Pfohl. Carried by the following vote: Yeas—Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. (A Resolution Accepting Improvement) RESOLUTION NO. 49.64 WIiEREAS, the contract for the construction of a twenty-four inch (24") sanitary sewer and appur- tenances in 32nd Street from the existing manhole at the inter- section of White Street and 32nd Street, thence westerly in 32nd Street to Grandview Ave., thence southerly in Grandview Ave. with an eight inch (8") sanitary sewer to the southerly property line of Lot I of I.ot 2 of Lot 2 of Mineral Lot 359. has been completed and the City Manager has examined the work and filed his certificate stating that the same has been completed according to the terms of the con- tract, plans and specifications and recommends its acceptance, now therefore, BE IT RESOLVED, by the City Council of the City of Dubuque, that the recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted. BE IT FURTHER RESOLVED, that the City Treasurer be and he is hereby directed to pay to the contractor from the Sanitation - Sewage Rental Fund in amount equal to the amount of his con- tract, less any retained percentage provided for therein. Passed, adopted and approved this 6th day of April, 1964 Robert J. Horgan Mayor Richard Ludwig Peter J. Takos Eldon A. Pfohl James J. Kean Councilmen Attest: I.eo F. Frommelt City Clerk Councilman Kean moved the adoption of the resolution. Second- ed by Councilman Ludwig. Carried by the following vote: Yens—Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. March, 1964 To the Honorable Mayor and City Council Gentlemen: I herewith submit the attached Sheets No. 1 to 9 inclusive showing a schedule of the proposed valua- tions and assessments for the City of Dubuque 1964 Concrete Curb & Gutter Project No. I Submitted April 6, 1964. John L. White City Engineer Councilman Kean moved that the communication be received and filed. Seconded by Mayor Horgan. Carried by the following vote: Yeas—Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. RESOLUTION NO. 5464 BE IT RESOLVED By The City Council Of The City of Dubuque. Iowa: Section 1. That the attached sheets No. 1 to 9 inclusive are hereby determined to be the schedule of proposed assessments for the City of Dubuque 1964 Curb & Gutter Project No 1 Adopted this 6th day of April, 1964. Robert J. Horgan Mayor Richard Ludwig Peter J. Takos Eldon A. Pfohl James J. Kean Councilmen Attest: Leo F. Frommelt City Clerk Mayor Horgan moved the adop- tion of the resolution. Seconded by Councilman Takos. Carried by the following vote: Yeas—Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. RESOLUTION NO. 5164 Approving Preliminary Estimate, plans and specifications, form of contract, and all other documents for the construction of CITY OF DUBUQUE 1964 CONCRETE CURB & GUTTER PROJECT NO. 1, on the following named streets; Carter Road Extension, Farragut, King, John F. Kennedy Road, O'Neill, Pennsylvania, Sycamore, and m amount lrof $137,919.04 pre estimated and read. Mayor Horgan moved the adop- S4 Regular Session, April 6, 1964 tion of the resolution. Seconded Limits to Eagle Point Park Fn- by Councilman Kean. Carried by trance the following vote: BE IT THEREFORE RESOLVED Teas—Mayor Horgan, Council. that the City Council on its own men Kean, Ludwig, Pfohl, Takos. motion or upon petition of proper- Nays—None. ty owners, deems it advisable and (Necessity for Improvement) necessary for the public welfare to make the herein mentioned im- RESOLUTION N0. 52.64 provement, and unless property WHEREAS, proposed plans, spec- owners at the time of the final ifications, form of contract, plat consideration of this proposed reso- and schedule have been duly pre- lution have on file with the City pared and approved by the City Clerk objections to the amount of Council of the City of Dubuque and the proposed assessments, they are now on file in the office of shall be deemed to have waived all the City Clerk showing among oth- objections thereto. er things the following: Said improvement shall be con- e. The assessment limits of each structed and done in accordance street to be improved. with the plans and specifications 2. The streets to be improved. which have been prepared therefor 3. The width of such improve- by the City Engineer which have ment. been approved by the City Council 4. Each lot proposed to be asses- and are now on file with the City sed together with a valuation Clerk. That the cost and expense of fixed by the council. making said improvement will be 5. An estimate of the cost of the assessed upon and against all pri- proposed improvement, stating vately owned property lying within the same for each different assessable distance provided by type of construction and kind law and in an amount not to of material to be used. exceed the amount provided by 6. In each case the amount there- law, property will be assessed whe- of which is estimated to be as- ther the same abuts thereon or is sessed against each lot, for the adjacent thereto according to area City of Dubuque 1964 Concrete and in proportion to the special Curb and Gutter Project No. 1 benefits conferred thereby, and any on the following named streets: deficiency shall be paid out of the 1. Carter Road Extension north street fund, bonds shall be issued and sold in anticipation of deferred from a point 600 feet north of payments of assessments when a Kane Street to the south prop- contract has been performed and erty line of West 32nd Street. accepted and the proceeds thereof 2. Farragut Street from the alley used to pay the contractor. The west of Rhomberg Avenue to the railway portion of any street or alley east of Rhomberg Avenue. assessment district shall be as- 3. King Street from the east prop- sessed to and paid by the railway erty line of Fulton Street to the west property line of Broadway company. St. The above resolution was intro- 4.John F. Kennedy Road from the duced, approved and ordered south property line of Asbury placed on file with the City Clerk Street to the north property line this 6th day of April, 1864. of Pennsylvania Avenue. Approved and placed on file for 5. O'Neill Street from east prop. final action. erty line of Brunswick Street to Robert J. Horgan the west property line of Burden Mayor Avenue. Richard Ludwig 6. Pennsylvania Avenue from Sec. Peter J. Takos tion Corner, See. 21, 22, 27 & 28, Eldon A. Pfohl to the west property line of Key James J. Kean Knolls Sub. Councilmen 7. Sycamore Street from the north Attest: property line of East 16th Street Leo F. Frommelt, to the north property line of East City Clerk 14th Street. Mayor Horgan moved the approv. 8. Shiras Avenue from old City al of the resolution. Seconded by Regular Session, April 6, 1964 85 Councilman Takos. Carried by the following vote: Yeas --Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. (Fixing date of hearing) RESOLUTION NO. 53.64 WHEREAS, the City Council of the City of Dubuque, Iowa, has by Resolution No. 51-64 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 1964 Concrete Curb & Gutter Project No. 1 and WHEREAS, the proposed Reso- lution for said improvement has been introduced and is now on file in the City Clerk's office for public inspection, BE IT THEREFORE RESOLVED that on the 4th day of May, 1964, a public hearing will be held at 7:30 o'clock P.M. 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 to be assessed against any lot and to the passage of the pro- posed Resolution 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 published in some newspaper published in the city of Dubuque, the last of which shall be not less than two (2) nor more than four (4) weeks prior to the day fixed for its consideration and unless property owners at the time of final consideration of said resolu- tion 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 bear such objections and enter on record its final decision thereon. Passed, adopted and approved this 6th day of April, 1964. Robert J. Horgan Mayor Richard Ludwig Peter J. Takos Eldon A. Pfohl James J. Kean Councilmen Attest: Leo F. Frommelt City Clerk Mayor Horgan moved the adop- tion of the resolution. Seconded by Councilman Kean. Carried by the following vote: Yeas—Mayor Horgan. Council- men Kean, Ludwig, Pfohl, Takos. Nays—None, March, 1964 To the Honorable Mayor and City Council Gentlemen: 1 herewith submit the attached Sheets No. 1 to 39 inclusive show- ing a schedule of the proposed valuations and assesments for the City of Dubuque 1964 Bituminous Concrete Paving Project No. 1 Submitted April 6, 1964. John L. White City Engineer Mayor Horgan moved that the communication be received and filed. Seconded by Councilman Kean. Carried by the following vote: Yeas—Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. RESOLUTION NO. 5464 BE IT RESOLVED By The City Council Of The City of Dubuque, Iowa: Section 1. That the attached sheets No. 1 to 39 inclusive are hereby determined to be the schedule of proposed assessments for the City of Dubuque 1964 Bi- tuminous Concrete Paving Project No. 1. Adopted this 6th day of April, 1964. Robert J. Horgan Mayor Richard Ludwig Peter J. Takos Eldon A. Pfohl James J. Kean Councilmen Attest: Leo F. Frommelt City Clerk Councilman Kean moved the adoption of the resolution. Second. gg Regular Session, April 6, 1964 by the following vote: Yeas—Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays --None. RESOLUTION NO. 55.64 Approval of Preliminary Esti- mate, plans and specifications, form of contract, plat and all other documents for the construction of CITY OF DUBUQUE 1964 BITU- MINOUS CONCRETE PAVING PROJECT NO. 1, on the following named streets; Allison Place, Arlington, Atltantic. Booth, Burns, Chestnut, West Eleventh, Farragut, Foye, Grove Terrace, Indiana, King, O'Neill, Park, Rose, Rose- dale, Rush, East Thirteenth, West Twelfth, Shiras, at an estimated amount of $183.156.75, presented and read. Mayor Horgan moved the adop- tion of the resolution. Seconded by Councilman Kean. Carried by the following vote: Yeas—Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. (Necessity for Improvement) RESOLUTION NO. 56.64 WHEREAS, proposed plans, 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 assessment limits of each street to be improved. 2. The streets to be improved. 3. The width of such improve- ment. 4. Each lot proposed to be assessed together with a valuation fixed by the council. 5. An estimate of the cost of the proposed improvement, stating the same for each different type of construc- tion and kind of material to be used. 6. In each case the amount thereof which is estimated to be assessed against each lot, for the City of Dubuque 1964 Bituminous Concrete Paving Project No. 1 on the following named streets: ed by Councilman Pfohl. Carried 1. Allison Place from the south property line of Delhi Street to the west property line of Col- lege Avenue. 2. Arlington Street from the west property line of Grove Terrace to the east property line of Prairie Street. 3. Atlantic Street from the north property line of University Av- enue to the south property line of Loras Boulevard. 4. Booth Street from the north property line of Dodge Street to the south property line of University Avenue. 5. Burns Street from the north property line of Cleveland Av- enue to the end of existing curb and gutter, 40' north of the north property line of Hancock Street. 6. Chestnut Street from the west property line of Highland Place to the cast property line of Wal- nut Street. 7. West Eleventh Street from the cast property line of Grove Ter- race to the west property line of Lot 13 of Caine's Subdivision. 8. Farragut Street from the alley west of Rhomberg Avenue to the alley east of Rhomberg Av- enue. 9. Foye Street from the north property line of Clarke Drive to the south property line of Lowell Street. 10. Grove Terrace from the north property line of Arlington Street to the north property line of Wilbur Street. 11. Indiana Avenue from the east property line of Born Avenue to the west property line of Missouri Avenue. 12. King Street from the east prop- erty line of Fulton St. to the west property line of Broadway Street. 13. O'Neill Street from the cast property line of Brunswick Street to the west property line of Sheridan Street. 14. Park Street from the east prop- erty line of Mt_ Pleasant Street to the east property line of Lot 50 of Voelker Highlands. 15. Rose Street from the east prop. erty line of Alta Vista Street to the west property line of Walnut Street. 16. Rosedale Avenue from the weal property line of Avoca Street to the east property line of Asbury Street. 17. Rush Street from the east prop• erty line of Bryant Street to Regular Session, April 6, 1964 87 the west property line of Villa Street. 18. Fast Thirteenth Street from the east property line of Wash. ington Street to the west prop- erty line of the East 35 feet of Lot 206 of East Dubuque Addition. 19. West Twelfth Street from the west property line of Bluff Street to the east property line of Grove Terrace. 20. Shiras Avenue from old city limits to Eagle Point Park En. trance. 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 con. sideration of this proposed resolu- tion 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 improvement shall be con- structed and done in accordance with the plans and specifications which have been prepared therefor 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 improvement will be assessed upon and against all privately owned property lying within assessable distance provided by law and in an amount not to exceed the amount provided by law property will be assessed whether the same abuts thereon or is adjacent thereto according to area and in proportion to the spec- ial benefits conferred thereby, and any deficiency shall be paid out of the street fund, bonds shall be is- sued and sold in anticipation of deferred payments of assesments 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. The above resolution was intro duced, approved and ordered plac ed on file with the City Clerk this 6th day of April, 1964. Approved and placed on file for Final action. Robert J. Horgan Mayor Richard Ludwig Peter J. Takos Eldon A. Pfohl James J. Kean Councilmen Attest: Leo F. Frommelt, City Clerk Mayor Horgan moved the ap. proval of the resolution. Seconded by Councilman Takos. Carried by the following vote: Yeas — Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. (Fixing date of hearing) RESOLUTION NO. 5764 WHEREAS, the City Council of the City of Dubuque, Iowa, has by Resolution No. 55.64 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 1964 Bituminous Con- crete Paving Project No. 1 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 on the 4th day of May, 1964, a public hearing will be held at 7:30 o'clock P.M. in the Council Chamber in the City of Dubuque at which time the owners of property subject to assessment for the pro- posed improvement may appear and make objection to the pro- posed 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 propoed 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 shall be not less than two (2) nor more than four (4) weeks prior to the day fixed for its consideration and un- less property owners at the time of final consideration of said reso- 88 Regular Session, lution 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 6th day of April, 1964. Robert J. Horgan Mayor Richard Ludwig Peter J. Takos Eldon A. Pfohl James J. Kean Councilmen Attest: Leo F. Frommelt. City Clerk Mayor Horgan moved the adop- tion of the resolution. Seconded by Councilman Kean. Carried by the following vote: Yeas —Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. March, 1964 To the Honorable Mayor and City Council Gentlemen: I herewith submit the attached Sheets No. 1 to 20 inclusive show- ing a schedule of the proposed val- uations and assessments for the City of Dubuque 1964 Hot Mix -Hot Laid Aphaltic Concrete Paving Project No. 1. Submitted April 6, 1964. Mayor Horgan moved that the communication be received and filed. Seconded by Councilman Ta. kos. Carried by the following vote: Yeas — Mayor Horgan, Council. men Kean, Ludwig, Pfohl, Takos. Nays—None. RESOLUTION NO. 58-64 BE IT RESOLVED by the City Council of the City of Dubuque, Iowa: Section 1. That the attached sheets No. 1 to 20 inclusive are hereby determined to be the schedule of proposed assessments for the City of Dubuque 1964 Hot Mix -Hot Laid Asphaltic Concrete Surfacing Project No. 1, and the valuations set out therein are hereby approved. Adopted this 6th day of April. 1964. 6, 1964 Robert J. Horgan Mayor Richard Ludwig Peter J. Takos Eldon A. Pfohl James J. Kean Councilmen Attest: Leo F. Frommelt, City Clerk Mayor Horgan moved the adop. tion of the resolution. Seconded by Councilman Kean. Carried by the following vote: Yeas—Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays --None. RESOLUTION NO. 59.64 Approval of Preliminary Esti- mate of plans and specifications, form of contract, plat and all other documents for the construction of CITY OF DUBUQUE 1964 HOT MIR -HOT LAID ASPHALTIC CON- CRETE PAVING PROJECT NO. 1, on the following streets: Carter Road Extension, Clarke Drive, John F. Kennedy Road, Pennsylvania, Sycamore, W. Third, University, at an estimated amount of $238,- 090.84, presented and read. Councilman Kean moved the adoption of the resolution. Sec- onded by Councilman Pfohl. Car- ried by the following vote: Yeas—Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. (Necessity for Improvement) RESOLUTION NO. 60.64 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 things the following: 1. The assessments limits of each street to be improved. 2. The streets to be improved. 3. The width of such improve- ment. 4. Each lot proposed to be as- sessed together with a valua- tion fixed by the council. 5. An estimate of the cost of the proposed improvement, statins; the same for each dif- ferent type of construction and kind of material to be used. 6. In each case the amount there- of which is estimated to be as- sessed against each lot, for the Regular Session, April 6, 1984 89 City of Dubuque 1964 Hot Mix -Hot Laid Asphaltic Concrete Paving Project No. 1 on the following named streets. ,1. Carter Road Extension north from a point 600 feet north of Kane Street to the south prop- erty line of West 32nd Street. 2, Clarke Drive from the north property line of West Locust Street to the east property line of North Main Street. 3. John F. Kennedy Road from the south property line of Asbury Street to the north property line of Pennsylvania Avenue. 4. Pennsylvania Avenue from Sec- tion corner, Sec. 21, 22, 27 & 28 to the west property line of Key Knolls Subdivision. 5. Sycamore Street from the north property line of East 16th Street to the north property line of East 14th Street. 6. West Third Street from the east property line of Hill Street to the east property line of North Grandview Avenue. 7. University Avenue from the west property line of Mt. Pleasant Street to a point 93 feet west of the east property line of Lot 1 of the Sub of Lot 1 of Tsehirgi & Schwinds Subdv. BE IT THEREFORE RESOLVED that the City Council on its own motion or upon petition of property 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 reso- lution 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 improvement shall be con• structed and done in accordance with the plans and specification: which have been prepared therefor 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 improvement wil be assessed upon and against al privately owned property lying within assessable distance provide( by law and in an amount not t( exceed the amount provided b, law, property will be assesse( whether the same abuts thereon o. is adjacent thereto according t, area and in proportion to the spec - al benefits conferred thereby, and my deficiency shall be paid out of he street fund, bonds shall be is- ,ued and sold in anticipation of leferred payments of assessments When a contract has been perform - A and accepted and the proceeds hereof used to pay the contract - )r. The railway portion of any treet or assessment district shall )c assessed to and paid by the rail- way company. The above resolution was intra fuced, approved and ordered plac- �d on file with the City Clerk this ith day of April, 1964. Approved and placed on file for final action. Robert J. Horgan Mayor Richard Ludwig Peter J. Takos Eldon A. Pfohl James J. Kean Councilmen Attest: Leo F. Frommelt, City Clerk Councilman Kean moved the ap- proval of the resolution. Seconded by Mayor Horgan. Carried by the following vote: Yeas—Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays --None. (Fixing date of hearing) RESOLUTION NO. 6164 WHEREAS, the City Council of the City of Dubuque, Iowa, has by Resolution No. 59.64 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 of public buque964HotMix-Hot tfor the dLaid 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 4th day of May 1964, a public hearing will be held at 7:30 o'clock P.M. in the Council Chamber in the City of Dubuque at which time the owners of prop- erty subject to assessment for the proposed improvement may appear and make objection to the pro• posed plans and specifications and 90 Regular Session, April 6, M4 proposed form of contract and at I RESOLUTION NO. 6264 the same time to the boundaries of BE IT RFSOLVED By The City the proposed district, to the cost of Council Of The City of Dubuque, the improvement, to the amount Iowa proposed to be assessed against Section 1. That the attached any lot and to the passage of the sheets No. 1 to 2 inclusive are proposed Resolution of Necessity hereby determined to be the and the City Clerk be and he is schedule of proposed assessments hereby directed to cause a notice for the City of Dubuque Concrete of the time and place of such hear- Paving with Integral Curb Project ing to be published in sonic news- No. 1, and the valuations set out paper published in the city of Du- therein and hereby approved. buque, the last of which shall be Adopted this 6th day of April, not less than two (2) nor more than 1964. four (4) weeks prior to the day Robert J. Horgan fixed for its consideration and un- Mayor less property owners at the time Richard Ludwig of final consideration of said reso. Peter J. Takos lution have on file with the Clerk Eldon A. Pfohl objections to the amount of the James J. Kean proposed assessment, they shall Councilmen 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 6th day of April, 1964. Robert J. Horgan Mayor Richard Ludwig Peter J. Takos Eldon A. Pfohl James J. Kean Councilmen Attest: Leo F. Frommelt, City Clerk Mayor Horgan moved the adop- tion of the resolution. Seconded by Councilman Kean. Carried by the following vote: Yeas — Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. March, 1964 To the Honorable Mayor and City Council Gentlemen: I herewith submit the attached Sheets No. 1 to 2 inclusive show- ing a schedule of the proposed valuations and assessments for the City of Dubuque Concrete Paving with Integral Curb Project No. 1 Submitted April 6, 1964. John L. White City Engineer Councilman Kean moved that the communication be received and filed. Seconded by Mayor Hor. gan. Carried by the following vote: Yeas—Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. Attest: Leo F. Frommelt City Clerk Mayor Horgan moved the adop- tion of the resolution. Seconded by Councilman Kean. Carried by the following vote: Yeas --Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays --None. RESOLUTION NO. 63-64 Approving Preliminary Estimate, plans and specifications, form of contract, plat and all other docu- ments for the construction of CITY OF DUBUQUE 1964 CONCRETE PAVING WITH INTEGRAL CURB PROJECT NO. I on the following streets: Kerper Blvd., Terminal Street, Charter Street in an estimated amount of $164,497.42, presented and read. Councilman Kean moved the adoption of the resolution. Second- ed by Mayor Horgan. Carried by the following vote: Yeas—Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. (Necessity for ;mprovement) RESOLUTION NO. 6444 WHEREAS, proposed p I a n s, specifications, form of contract, plat and schedule have been duly prepared and approved by the Cit> Council of the City of Dubuque and are now on file in the office of the City Clerk showing among other things the following: L The assessment limits of each street to be improved. 2. The streets to be improved. Regular Session, 3. The width of such improve- ment. 4. Each lot proposed to be assessed together with a valuation fixed by the council. 5. An estimate of the cost of the proposed improvement, stating the same for each different type of construc- tion and kind of material to be used. 6. In each case the amount thereof which is estimated to be assessed against each lot, for the City of Dubuque 1964 Concrete Paving with Integral Curb Project No. 1 on the following streets: 1. Kerper Blouevard from the south property line of 16th Street to the south property line of 12th Street. 2. Terminal Street from the north property line of First Street to the north property line of Camp Street. 3. Charter Street from the west property line of Main Street to the east property line of Salina Street. BE IT THEREFORE RESOLVED that the City Council on its motion or upon petition of property 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 assessments, they shall be deemed to have waived all objections thereto. Said improvement shall be con- structed and done in accordance with the plans and specifications which have been prepared therefor 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 improvement will be assessed upon and against all privately owned property lying within assessable distance pro- vided 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 according to area and in proportion to the special benefits conferred thereby, and any deficiency shall be paid 6, 1964 91 )ut of the street fund, bonds shall )e issued and sold in anticipation A deferred payments of asses- nents when a contract has been performed and accepted and the proceeds thereof used to pay the ,ontractor. The railway portion of any street or assessment district shall be assessed to and paid by the railway company. The above reolulion was intro- duced, approved and ordered placed on file with the City Clerk this 6th day of April, 1964. Approved and placed on file for final action Approved: Robert J. Horgan Mayor Richard Ludwig Peter J. Takos Eldon A. Pfohl James J. Kean Councilmen Attest: Leo F. Frommelt City Clerk Councilman Kean moved the approval of the resolution. Second- ed by Mayor Horgan. Carried by the following vote: Yeas—Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. (Fixing date of hearing) RESOLUTION NO. 65-64 WHEREAS, the City Council of the City of Dubuque, Iowa, has by Resolution No. 63.64 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 1964 CON- CRETE PAVING WITH INTE- GRAL CURB PROJECT NO. 1 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 on the 4th day of May, 1964, a public hearing will be held at 7:30 o'clock P.M., 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 9? Regular Session, April 6, 1964 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 hearing to be published in some newspaper published in the City of Dubuque, the last of which shall be not less than two (2) nor more than four (4) weeks prior to the day fixed for its consideration and unless property owners at the time of final consideration 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 6th day of April, 1964. Robert J. Horgan Mayor Richard Ludwig Peter J. Takos Eldon A. Pfohl James J. Kean Councilmen Attest: Lco F. Frommelt City Clerk Mayor Horgan moved the adop- tion of the resolution. Seconded by Councilman Takos. Carried by the following vote: Yeas—Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. RESOLUTION NO. 6664 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 Ethel Schwartz, 500 Rhomberg Avenue Gordon Cunningham, Bunker Mill Golf Course Delbert Daugherty, 238 West 6th Street Joseph Oliver Reilly, 2204 Central Avenue TRANSFER OF CIGARETTE LICENSE %Irs. Josephine Burke, 531 Main Street, Transfer from 215 West 9th Street BE IT FURTHER RESOLVED that the bonds filed with the appli- ration be approved. Passed, adopted and approved this 6th day of April 1964. Robert J. Horgan Mayor Richard Ludwig Peter J. Takos Eldon A. Pfohl James J. Kean Councilmen Attest: Leo F. Frommelt City Clerk Mayor Horgan moved the adop tion of the resolution. Seconded by Councilman Ludwig. Carried by the following vote: Yeas --Mayor Horgan, Council- men Kean. Ludwig, Pfohl, Takos. Nays—None. RESOLUTION NO. 6764 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 compliance with the terms of the ordinances of the City. NAME ADDRESS CLASS "B" BEER PERMIT Donald M. Love, 250 West 6th Strect Mrs. Josephine Burke, 531 Main Street Herbert F. Bisping, 1401 Elm Street Ethel Schwartz, 500 Rhomberg Avenue Carl N. Brant, 2600 Central Avenue Richard N. Stecklein, 450 West Locust Delbert Daugherty, 238 West 6th Street John B. Burgmaier, 2401 Windsor Avenue Dubuque Baseball, Inc., E. 4th Street Extension CLASS "C" BEER PERMIT Earl J. McNamara, 1046 University Avenue Joseph Oliver Reilly, 2204 Central Avenue Regular Session, April 6, 1964 93 Passed, adopted and approved this 6th day of April, 1964. Robert J. Horgan Mayor Richard Ludwig Peter J. Takos Eldon A. Pfohl James J. Kean Councilmen Attest: Leo F. Frommelt City Clerk Mayor Horgan moved the adop- tion of the resolution. Seconded by Councilman Kean. Carried by the following vote: Yeas—Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. RESOLUTION NO. 68-64 WHEREAS, applications for Beer 1 Permits were filed by the within named applicants and they have received the approval of this Council; and WHEREAS, the premises to be occupied by such applicants were inspected and found to comply with the ordinances of this City and they have filed proper bonds: NOW THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the Manager be and he is hereby directed to issue to the following named applicants a Beer Permit. NAME ADDRESS CLASS "B" BEER PERMIT Donald M. Love, 250 West 6th Street Mrs. Josephine Burke, 531 Main Street Herbert F. Bisping, 1401 Elm Street Ethel Schwartz, 500 Rhomberg Avenue Carl N. Brant, 2600 Central Avenue Richard N. Stecklein, 450 West Locust Delbert Daugherty, 238 West 6th Street John B. Burgmaier, 2401 Windsor Avenue Dubuque Baseball, Inc., E. 4th Street Extension CLASS "C" BEER PERMIT Earl J. McNamara, 1046 University Avenue Joseph Oliver Reilly, 2204 Central Avenue BE IT FURTHER RESOLVED that the bonds filed by such appli- cants be and the same are hereby approved. Passed, adopted and approved [his 6th day of April, 1964. Robert .1. Horgan Mayor Richard Ludwig Peter J. Takos Eldon A. Pfohl James J. Kean Councilmen Attest: Leo F. Frommelt City Clerk Councilman Takos moved the adoption of the resolution. Second- ed by Mayor Horgan. Carried by the following vote: Yeas—Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None, RESOLUTION NO. 69.64 WHEREAS, applications f o r Liquor Permits have been sub- mitted to this Council for approval and the same have been examined, NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the following applications be granted and licenses issued upon the compliance with the terms of the IOWA LIQUOR CONTROL ACT—Chapter 123—as amended by the 60th General assembly, 1963. NAME ADDRESS CLASS "C" COMMERCIAL LICENSE Delbert Daugherty, 238 West Lith Street CLASS "B" HOTEL LICENSE Julien Motor Hotel, 200 Main Street TRANSFER OF CLASS "C" COMMERCIAL LICENSE Mrs. Josephine Burke, 531 Main Street, Transfer from Fischer Building Passed, adopted and approved this 6th day of April, 1964. Robert J. Horgan Mayor Richard Ludwig Peter J. Takos Eldon A. Pfohl James J. Kean Councilmen Attest: Leo F. Frommelt City Clerk Councilman Takos moved the adoption of the resolution. Second- ed by Councilman Kean. Carried by the following vote: Yeas—Mayor Horgan, Council- nne n Kean, Ludwig, Pfohl, Takos. A Regular Session, April 6, 1964 Nays—None. RESOLUTION NO. 70.64 WHEREAS, applications f o r 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. NAME ADDRESS CLASS "C" COMMERCIAL LICENSE Delbert Daugherty, 238 West 6th Street CLASS "B" HOTEL LICENSE Julien Motor Hotel, 200 Main Street TRANSFER OF CLASS "C" COMMERCIAL LICENSE Mrs. Josephine Burke, 531 Main Street, Transfer from Fischer Building Passed, adopted and approved this 6th day of Apirl, 1964. Robert J. Horgan Mayor Richard Ludwig Peter J. Takos Eldon A. Pfohl James J. Kean Councilmen Attest: Leo F. Frommelt City Clerk Councilman Takos moved the adoption of the resolution. Second- ed by Mayor Horgan. Carried by the following vote: Yeas --Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. COUNCIL RECESSED AT 10:45 P.M. RECONVENED AT 11:00 P.M. Mayor Horgan moved that Walter Lundeen be reappointed to the Police and Fire Pension and Re- tirement Board for a four year term to 4-1-68 and George Deining- er be reappointed to the Board of Zoning Adjustment for a 5 year term to 3-5-69 and W. J. Daugherty be appointed to fill the unexpired term of George Murphy on the Airport Zoning Commission to 5-14-67, being a six year term. Seconded by Councilman Takos. Carried by the following vote: Yeas—Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays --None. Councilman Takos moved the idea of establishing a Juvenile Division in the Police Department be referred to the City Manager. Seconded by Mayor Horgan. Car. ried by the following vote: Yeas — Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None, Councilman Takos moved that subject to the City Manager's ap- proval the Park Board be given an additional $6,500.00 for the installation of a fence and park- ing lot improvements abutting the Ham House. Seconded by Mayor Horgan. Carried by the following vote: Yeas — Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Neys—None. Councilman Kean moved that the City Manager be instructed to sit down with the Recreation Com- mission to consider the feasibility of lighting the first nine holes of the golf course for possible night use.Seconded by Councilman Ta- kos. Carried by the following vote Yeas — Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. There being no further busine-s Mayor Horgan moved to adjourn. Seconded by Councilman Kcan. Carried by the following vote: Yeas — Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. Leo F. Frommelt City Cuerk Approved Augu St Adopted A. a �j Councilmen i ....I .:•I••••• Attest . City Clerk Special Session, April 20, 1964 95 CITY COUNCIL OFFICIAL Special Session April 20, 1964. Council met at 7:30 P.M., C.S.T. Present --Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. City Manager Gilbert D. Chaven- elle. Mayor Horgan read the call and stated that service thereof had been duly made and this meeting is called for the purpose of consider- ing the Articles of Incorporation creating a County -City of Dubuque Authority; authorizing execution thereof and appointing members to Board of Commissioners to govern said Authority, also to consider resolutions providing for a notice of hearing on proposed plans, and Specifications, and also setting date for taking bids for the construc- tion of a Parking Garage and act - int; on any other business htch may properly come before a regu- lar meeting of the City Council. A resolution adopting Articles of Incorporation creating County - City of Dubuque Authority; Auth- orizing execution thereof and ap- pointing Members to Board of Commissioners to govern said authority was presented and read. Councilman Takos moved that the resolution be deferred until next Monday evening, April 27th. Sec- onded by Councilman Kean. Car- ried by the following vote: Yeas — Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. RESOLUTION NO. 71.64 WHEREAS, the City Council of the City of Dubuque, Iowa, pro- poses to erect a parking ramp facility on the property bounded on the north by Ninth Street, bounded on the west by Bluff Street, bounded on the south by Eighth Street and bounded on the east by Locust Street, all in the City of Dubuque, Iowa; and WHEREAS, the property located on the southwest corner of the intersection of Ninth and Locust Streets presently owned by the Dubuque Chamber of Commerce is required in order to construct said parking ramp facility; and WHEREAS, the City Manager has negotiated with the Dubuque Chamber of Commerce with re. spects to the purchase of said prop- erty; and WHEREAS, the terms of sale by the Dubuque Chamber of Com- merce and purchase thereof by City of Dubuque are contained in form of option, a copy of which is marked Exhibit "A" and attached hereto and by reference made a part hereof. NOW THEREFORE BE IT RE- SOLVED BY THE CTFY COUNCIL OF DUBUQUE, IOWA: Section 1. That the option dated April 20, 1964 by Dubuque Cham- ber of Commerce to City of Du- buque, Iowa covering the sale and purchase of the following de- scribed property: City Lot 632 in the City of Dubuque, Iowa, according to the United States Commission- er's Map of the Town (now City) of Dubuque, Iowa, be and the same is hereby ap- proved. Section 2. That the Mayor and City Clerk be and they are hereby authorized and empowered to exe- cute said form of option hereto attached for and on behalf of City of Dubuque, Iowa. Section 3. That the City Manager of City of Dubuque, Iowa, be and he is hereby authorized and em- powered to exercise said option at such time as is necessary in his discretion and that upon exercis- ing said option that the sum of Nine Thousand Nine Hundred ($9,900.00) Dollars be paid to the Dubuque Chamber of Commerce in accordance with said option agree- ment. Passed' adopted and approved this 20th day of April, 1964. Robert J. Horgan Mayor Richard Ludwig Peter J. Takos Eldon A. Pfohl James J. Kean Councilmen Attest: Leo F. Frommelt, City Clerk Councilman Takos moved the adoption of the resolution. Second- ed by Councilman Kean. Carried by the following vote: Yeas — Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. 96 Special Session, April 20, 1964 April 20, 1984 City of Dubuque City Hall Attention: Mr. Gilbert D. Chaven- elle Gentlemen: Pursuant to your request and in consideration of the sum of One Hundred Dollars ($100.00), receipt of which is acknowledged, the Dubuque Chamber of Commerce hereby grants and extends to the City of Dubuque, Iowa, an option to purchase its property located at the Southwest corner of Ninth and Locust Streets, Dubuque, Iowa, described as follows: City Lot 632 in the City of Dubuque, Iowa, according to the United States Commission- er's Map of the Town (now City) of Dubuque, Iowa, upon the following terms and con- ditions: (1) The option to purchase shall extend to twelve o'clock noon, C.S.T., May 1, 1964. (2) if you elect to exercise said option. you shall give written notice thereof to the Dubuque Chamber of Commerce delivered to the President or Vice President thereof. (3) The purchase price of said property shall be $75,000.00, pay- able as follows: $10,000 payable at the time of exercising said option and the balance, towit, $65,000.00 payable upon delivery of Warranty Deed and Abstract of Title to you, as hereinafter provided. In making payment of the sum of $10,000.00 you shall be entitled to credit for the $100.00 paid to the Dubuque Chamber of Commerce at the time of approving the terms of this Option. (4) You shall be entitled to con- summate the sale at any time prior to July 1, 1964, at which time there shall be delivered to you a War. ranty Deed to said premises and an abstract of title showing good and merchantable title thereto vested in the Dubuque Chamber of Commerce. If you exercise said Option and fail to consummate the sale on or before July 1, 1964, the Dubuque Chamber of Com- merce shall be entitled to retain the said sum of $10,000 as liquid• ated damages. (5) Within fifteen (15) days from the date you serve notice of in. tention to exercise the Option here. in given, you will be furnished with an abstract of title extended to date of delivery, showing good and merchantable title of record to said premises vested in the Du. buque Chamber of Commerce, which Abstract of Title shall be. come your property upon consum. mation of the contract. (6) If this Option is exercised by the City of Dubuque as afore. said, the Dubuque Chamber of Commerce shall be entitled to re- tain exclusive use and occupancy of said premises, rent free, to as late a date as possible, consistent with the auto ramp construction by the City, hereinafter referred to, and in any case until July 1, 1964. (7) At the time of conveyance of said property the Dubuque Chamber of Commerce will convey to the City of Dubuque all interest it may have in and to the alley adjoining said City Lot 632, sub- ject to the public easement. (8) This Option is granted to the City of Dubuque to permit it to construct a municipal automo- bile parking ramp on said premises and the adjoining city block. If this option is exercised by the City and the sale is consummated and there- after construction of said parking ramp is not commenced on or be- fore October 1, 1964, in such case title to said premises shall auto- matically revert to the Dubuque Chamber of Commerce and in con- firmation thereof the City of Du- buque City of Dubuque shall exe- cute and deliver a deed therefor to the Dubuque Chamber of Com- merce. If the building located on said premises is at that time in substantially the same condition as at the time of delivery of deed to the City of Dubuque, the Dubuque Chamber of Commerce shall pay to the City the sum of $65,000.00, and shall be entitled to retain $10,- 000 as liquidated damages; if said building, however, is at that time not in substantially the same con- dition as at the time of delivery of deed to the City of Dubuque, the title shall revert automatically to the Dubuque Chamber of Com- merce without the payment of any consideration by the Dubuque Chamber of Commerce. (9) In the event this option is exercised by the City of Dubuque, Special Session, April 20, 1%4 97 Dubuque Chamber of Commerce shall be entitled to remove all personal property from the build- ing on said premises and such fix- tures, attachments and other com- ponents of said building as the Du- buque Chamber of Commerce in its discretion shall determine, which property shall be removed prior to delivery of deed. (10) If the option herein granted is not exercised by the City of Dubuque on or before May 1, 1964, the payment of $100.00 made to the Dubuque Chamber of Commerce shall be retained by it and the Dubuque Chamber of Commerce is released of all further liability hereunder to the City of Dubuque. (11) If the terms of this option are acceptable to the City of Du- buque, kindly indicate your ap- proval thereof by signing the orig- inal of this letter and return it within 10 days from date hereof. DUBUQUE CHAMBER OF COMERCE By Francis J. O'Connor, President The terms of the foregoing option are approved. Dated this 20th day of April, 1964. CITY OF DUBUQUE, IOWA By Robert J. Horgan, Mayor Attest: Leo F. Frommelt, City Clerk Councilman Takos moved that the Mayor and City Clerk be auth- orized to sign the option. Seconded by Councilman Ludwig. Carried by the following vote: Yeas — Mayor Horgan. Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. April 30, 1964 Dubuque Chamber of Commerce Attn: Mr. Roger Rhomberg, Vice Pre& Gentlemen: You are herewith advised that the City of Dubuque, Iowa herewith elects to exercise the option dated April 20, 1964, for the sale and purchase of the following described real estate: City Lot 632 in the City of Du- buque, Iowa, according to the United States Commissioners' Map of the: Town (now City) of Dubuque, Iowa; in accordance with the terms and provisions of said option warrant of the City of Dubuque, Iowa, in the amount of $9,900.00 payable to Dubuque Chamber of Commerce is herewith attached. Yours very truly, By Gilbert D. Chavenelle, City Manager I, the undersigned herewith ack- nowledge receipt of copy of the foregoing election to exercise op- tion by City of Dubuque, Iowa and herewith acknowledge receipt of warrant of City of Dubuque, Iowa, payable to Dubuque Chamber of Commerce in the amount of $9,- 900.00. DUBUQUE CHAMBER OF COMMERCE By Roger Rhomberg, First Vice -President Courcilman Takos moved that the rules be suspended in order to let anyone present address the Council if they so desire. Seconded by Mayor Horgan. Carried by the following vote: Yeas — Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. Attorney F. J. O'Connor stated that the Chamber of Commerce has undertaken to make the cost less than $75,000 to the City. Mention was made of voluntary contribu- tions up to possibly $30,000. How- ever the Chamber of Commerce is not legally bound as to the contri- butions on a voluntary basis. The approval must be strictly on the terms of the option. RESOLUTION NO. 7264 RESOLUTION providing for a notice of hearing on proposed plans, specifications and form of contract for constructing a Parking Garage in and for the City of Dubuque, Iowa. WHEREAS the City of Dubuque in Dubuque County, Iowa, has heretofore established and is now operating a system of public motor vehicle parking facilities in said City consisting of both on -street parking meters and off-street park- ing lots; and WHEREAS the location and physical characteristics of the business area, together with the increased use by the public of motor vehicles, has resulted in serious traffic congestion in the business sections of said City; and WHEREAS after a public hear- ing held and conducted pursuant to the provisions of Section 390.1 of the Code of Iowa, 1962, this 98 J Special Session, April 20, 1964 _ Council has therefore found and determined that public conven- ience and necessity will be served by adding to, extending and im- proving said system of public motor vehicle parking facilities as contemplated by the "Letter Report to the City Council and City Manager, Dubuque, Iowa, on the Proposed Locust Street Park- ing Garage", dated December 10, 1963, prepared by De Lcuw, Cather & Company, Engineers, now on file with the City Clerk, recom- mending the construction of a multi-level, reinforced concrete motor vehicle parking structure with a floor area of approximately 160,000 square feet in the block bounded by Locust, Bluff, Eighth and Ninth Streets in said City; and WHEREAS the cost of acquiring said additional motor vehicle park- ing facilities has been estimated to be $1,350,000 and proposed plans, specifications and form of contract for said Locust Street Parking Garage have been pre- pared by De Leuw, Cather & Com- pany, Engineers, and are now on file with the City Clerk; and WHEREAS it is necessary to fix a time and place of hearing on said proposed plans, specifica- tions and form of contract and to give notice thereof; NOW, THEREFORE, Be It and it Is Hereby Resolved by the City Council of the City of Dubuque, Iowa, as follows: Section 1. That the plans, specifications and form of conract referred to in the preamble hereof be and the same are hereby adopted, subject to the notice and hearing hereinafter provided, and the 4th day of May, 1964, at 7:30 o'clock P.M., Central Standard Time, at the Council Chambers in the City Hall, in the City of Du. buque, Iowa, is hereby fixed as the time and place of hearing on said proposed plans, specifications and form of contract for constructing the Locust Street Parking Garage. Section 2. That the City Clerk is hereby authorized and directed to give notice of the hearing on said proposed plans, specifications and form of contract by publica- tion of such notice at least once not less than ten (10) days prior to the date fixed for said hearing in the "Telegraph -Herald", a news- paper published in the City of Dubuque, Iowa, and having a general circulation in said City. Said notice shall be in substantially the following form: NOTICE OF PUBLIC BEARING ON PROPOSED PLANS AND SPECIFICATIONS AND PRO. POSED FORM OF CONTRACT COVERING THE CONSTRUC- TION OF THE LOCUST STREET PARKING GARAGE IN AND FOR THE CITY OF DUBUQUE, IOWA. PUBLIC NOTICE is hereby given that the City Council of the City of Dubuque, in Dubuque County, Iowa, will meet in the 4th day of May. 1964. at the Council Chambers in the City, Hall, Dubu- que. Iowa, at 7:30 o'clock P.M., Central Standard Time, for the purpose of conducting a public hearing on the proposed plans, specifications and proposed form of contract for the construction of the Locust Street Parking Garage to be located in the block bounded by Locust, Bluff, Eighth and Ninth Streets in the City of Dubuque, Iowa. The proposed plans, specifi- cations and form of contract have been prepared by De Leuw. Cather & Company. Engineers, and are now on file in the office of the City Clerk in the City Hall, Dubu. que, Iowa. The project consists generally of the construction of a multi-level reinforced concrete motor vehicle parking structure with a floor area of approximately 160,000 square feet, together with accessories and appurtenances in. cluding side -walks, curb, street, drainage and lighting improve- ments. At such hearing, any interested person may appear and file ob jections to the proposed plans, specifications or form of contract or to the cost of such improvement. By order of the City Council April 20th, 1964. Leo F. Frommelt City Clark Section 3. That all resolutions or parts thereof in conflict herewith be and the same are hereby re pealed, and this resolution shall be effective forthwith upon its pas. sage and approval. Special Session, April 20, 1984 99 Passed and approved April 20th, 1964. Robert J. Horgan Mayor Richard Ludwig Peter J. Takos Eldon A. Pfohl James J. Kean Councilmen Attest: Leo F. Frommelt City Clerk Recorded April 20th, 1964. Leo F. Frommelt City Clerk Councilman Kean moved the adoption of the resolution. Second- ed by Mayor Horgan. Carried by the following vote: Yeas—Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. RESOLUTION NO. 73-64 RESOLUTION providing f o r taking bids for the construction of a Parking Garage in and for the City of Dubuque, Iowa. r • s WHEREAS it is necessary and advisable that the system of public motor vehicle parking facilities in the City of Dubuque, Iowa, be extended and improved by the construction of a multi-level; re- inforced concrete parking struc- ture with a floor area of approx- imately 160,000 square feet in the block bounded by Locust, Bluff, Eighth and Ninth Streets in said City; and WHEREAS proposed plans, specifications and form of contract for said Locust Street Parking Garage have been prepared by De Leuw, Cather & Company, Engin- eers, and are now on file in the office of the City Clerk, and it is necessary to fix a time and place for taking bids for the construction of said improvement; NOW, THEREFORE, Be It and It Is Hereby Resolved by the City Council of the City of Dubuque, Iowa, as follows: Section 1. That the 18th day of May, 1964, at 10:00 o'clock A.M., Central Standard Time, at the office of the City Clerk in the City Ball, in the City of Dubuque, Iowa, is hereby fixed as the time and place of taking bids for the con- struction of the I.ocust Street Parking Garage. Section 2. That the Mayor and City Clerk are hereby authorized and directed to give notice of the taking of said bids by publication of such notice once each week for at least two consecutive weeks in the "Telegraph -Herald", a news- paper published in the City of Dubuque, Iowa, and having a general circulation in said City, the first of which publications in said newspaper shall be at least fifteen (15) days prior to the date fixed for receipt of bids. Said notice shall be in substantially the following form: NOTICE OF TAKING BIDS FOR THE CONSTRUCTION OF THE LOCUST STREET PARKING GARAGE IN AND FOR THE CITY OF DUBUQUE, IOWA PUBLIC NOTICE is hereby given that scaled proposals en- dorsed LOCUST STREET PARK- ING GARAGE will be received by the City of Dubuque, Iowa, at the office of the City Clerk in the City Hall, Dubuque, Iowa, until 10:00 o'clock A.M., Central Stand. ard Time, on the 18th day of May, 1964, for furnishing all necessary materials, equipment, superinten- dence and labor for the construc- tion of the Locust Street Parking Garage, to be located in the block bounded by Locust, Bluff, Eighth and Ninth Streets in the City of Dubuque, Iowa, according to the plans and specifications therefor prepared by De Leuw, Cather & Company, Engineers, 165 West Wacker Drive, Chicago, Illinois, and now on file in the office of the City Clerk. The project con. sists generally of the complete construction of a multi-level re- inforced concrete motor vehicle parking structure with afloor area of approximately 160,000 square feet, together with side- walks, curbs,allstreets, shown in ge and lighting, plans and specifications. Each proposal shall be made on form furnished by the City as a part of the specifications, shall be addressed to the City of Dubuque, c/o Leo F. Frommelt, City Clerk, City Hall, Dubuque, Iowa, and must be accompaniedin a separateheck envelope by a drawn on a solvent Iowa bank, pay, able to the order of the City of Dubuque, lodeposit money, in ana mount equalto e1 100 STvcial Session, April 20, 1964 least five per cent (5%) of the amount of the proposal. If the successful bidder fails to enter into a contract with the City of Dubuque, Iowa, for said work or fails to furnish a satisfactory per- formance bond or fails to file the necessary insurance as required by the specifications within fifteen (15) days after notification of the award, the check may be cashed or deposit money forfeited as liquidat.:d damages. Payment to the Contractor will be made from accumulated cash on hand and from the proceeds of the sale of Parking Facilities Revenue Bonds of said City. Monthly estimates will be paid to the Contractor as the work pro- gresses in amounts equal to ninety per cent (90%) of the contract value of the work completed dur- ing the preceding calendar month, including the value of material suitably stored on the premises up to the first day of that month as estimated by the Engineer. Such monthly payments shall in no way be construed as an act of accept- ance for any part of the work partially or totally completed. Final payment of the remaining ten per cent (10%) due the Con- tralor will be made not earlier than thirty-one (31) days from the final acceptance of the work by the City, subject to the conditions and in accordance with the pro- visions of Chapter 573 of the Code of Iowa, 1962. The successful bidder will be required to furnish a performance bond in an amount equal to one hundred per cent (100%) of the contract price, said bond to be issued by a responsible: surety approved by the City Council and shall guarantee the faithful per- formance of the contract and the terms and conditions therein con- tained and shall also guarantee the work performed and materials furnished against defects in materials or workmanship for a period of one (1) year from the date of final acceptance of the work by the City. The construction work shall be commenced within ten days after the execution of the contract and shall be fully completed on or before November 25, 1964, subject to any extensions of time which may be granted by the City Council. Copies of the plans and specifi- cations and proposal forms may be obtained at the office of the City Engineer in the City Hall, Dubuque, Iowa, or at the office of De Leuw, Cather & Company, Engineers, 165 West Wacker Drive, Chicago, Illinois, on deposit of the sum of Twenty-five Dollars ($+25.00) for each set of plans and specifi- cations. The full amount of the deposit will be refunded upon the return of the plans and specifica- tions, transportation prepaid, in good condition, within ten (10) days after the opening of bids. By virtue of statutory authority, a preference will be given to pro- ducts and provisions grown, and coal produced, within the State of Iowa, and to Iowa domestic labor. No bid may be withdrawn within a period of thirty (30) days from and after the date fixed for open- ing bids. The City reserves the right to reject any or all proposals, and the contract will be awarded to the lowest responsible bidder. Published upon the order of the City Council of the City of Dubu- que, Iowa. Robert J. Horgan Mayor Attest: Leo F. Frommelt City Clerk Section 3. That all provisions set out in said form of notice are hereby recognized and prescribed by this City Council, and that all resolutions or orders or parts thereof to the extent same may be in conflict herewith are hereby repealed. Passed and approved April 20th, 1964. Robert J. Horgan Mayor Richard Ludwig Peter J. Takos Eldon A. Pfohl James J. Kean Councilmen Attest: Leo F. Frommelt City Clerk Recorded April 20th, 1964. I..eo F. Fronuuclt City Clerk Recorded April 20th, 1964. Leo F. Frommelt City Clerk Special Session, April 20, 1964 101 Mayor Horgan moved the adop- tion of the resolution. Seconded by Councilman Takos. Carried by the following vote: Yeas—Mayor Horgan, Council- men Kean, Ludwig, Pfohl. Takos. Nays—None. Communication of Charles E. Garston expressing his apprecia- tion for the help given by the fire- men from Station #4 during the recent flooding of the basement of his home at 195 Croydon Crest, presented and read. Mayor Horgan moved that the communication be received and filed and a copy of same be sent to Fire Station No. 4. Seconded by Councilman Takos. Carried by the following vote: Yeas—Mayor Morgan, Council- men, Kean, Ludwig, Pfohl, Takos. Nays—None. Communication from the City of Muscatine extending an invita- tion to attend the quarterly meet- ing of the large cities group on April 24, 1964, presented and read. Mayor Morgan moved that the communication be referred to the Council. Seconded by Councilman Takos. Carried by the following vote: Yeas—Mayor Horgan, Council- men, Kean. Ludwig, Pfohl, Takos. Nays—None. Communication of Iowa Munici- pal Officers Assn. announcing the annual meeting of the Iowa Municipal Finance Officers Assn. meeting to be held in Des Moines on May 20, 21, and 22, presented and read. Councilman Takos moved that the communication be re- ferred to the City Manager. Seconded by Councilman Kean. Carried by the following vote: Yeas—Mayor Horgan, Council- men, Kean, Ludwig, Pfohl, Takos. Nays—None. Communication of Recreation Commission submitting options on property to be considered in the establishment of a playground area north of Mill Street and south of West 8th between Caledonia and Wilson recommending that the options be taken up; that appro- priate action be taken against Albert & Mable Bauer to acquire their property; that they be granted an appropriation of $400. for preliminary acquisition ex- pense, presented and read. Mayor Horgan moved that the recom- menations of the Commission be approved. Seconded by Councilman Kean. Carried by the following vote: Yeas—Mayor Horgan, Council- men, Kean, Ludwig, Pfohl, Takos. Nays—None. April 20, 1964 Honorable Mayor and City Council Gentlement: We recently proposed to the Mayor's Industrial Executive Com- mittee that we be permitted to purchase Lot 2 of Block 9 con- sisting of .367 of an acre and situated between the Milwaukee railroad tracks and the alley ad- joining the northeasterly border of our property in area B of the Industrial Park. With the expansion of our work force our originally prepared truck traffic lanes and off-street parking for employees and visitors is be- coming overcrowded. Of necessity in our layout, expansion of these facilities must be made by extend- ing them in a northeasterly direc- tion. The area we now own in that direction is insufficient for our needs, as our employment in- creases and building expansion takes place in the opposite direc- tion. The approximately one-third of an acre refer: ed to would serve for our purpose very well and, at least in part, solve this problem. Since our northeasterly boundary ad. joins this area and we also own the residential property occupying two of the three lots across the alley from it, we believe we are the logical purchaser for it. The area is vacant and we are informed that its use does not fit into any future plans of the city's engineer- ing program. A letter to us from the Mayor's Industrial Executive Committee, which is composed of the mayor, the chairman of the Board of the Dock Commissioners and the manager of Dubuque Industrial Bureau, advises us that the Com- mittee approves of and recom- mends the sale to us for the amount of One Thousand Five Hundred Dollars ($1,500). We therefore hereby offer and express our desire to purchase the said property and will appreciate 102 Special Session, April 20, 1964 having the Council's approval an action accordingly. Respectfully yours Thermolyne Corporation C. J. Ecklund, President Councilman Kean moved tha the offer of purchase be accepte and referred for proper proceed Ings. Seconded by Mayor Horgan Carried by the following vote: Yeas—Mayor Horgan, Council men, Kean, Ludwig, Pfohl, Takos Nays—None. Mr. C. J. Ecklund addressed th Council by expressing his appre- ciation for the consideration given. Copy of communication sent to Mr. C. J. Ecklund of Thermolyne Corporation by the Mayor's Indus- trial Executive Committee recom- mending that the area requested for in Industrial Park be offered to the Thermolyne Corporation for expansion of their present facili- ties, presented and read. Mayor Horgan moved that the communi- cation be received and filed. Sec. onded by Councilman Kean. Car- ried by the following vote: Yeas—Mayor Horgan, Council. men Kean, Ludwig, Pfohl, Takos. Nays—None. April 15, 1964 To the Honorable Mayor and City Council Gentlemen: Several weeks ago your staff re- ceived a petition to move a street light located at approximately 755 Chestnut Street to the intersection Of Cox and Chestnut Street. The situation was investigated and a recommendation made to You to move the light from the lo- cation to the intersection of Cox Street. The light has been moved. We now have received a petition from several residents along Chest- nut Street, dated April loth, pe- titioning that the light be returned to the old location. Once again the entire area has been investigated, and although the street is only 360 feet long and because of its narrowness, it is rec. ommended that a street light be installed on a pole at the intersec. tion of Chestnut and an alley about midway between Walnut and Cox Street. Respectfully submitted, Gilbert D. Chavenelle City Manager d Councilman Ludwig moved that the recommendation of the City Manager be approved Seconded by Councilman Takos. Carried by the following vote: t Yeas — Mayor Horgan, Council. d men Kean, Ludwig, Pfohl, Takos. Nays—None. April 16, 1964 To the Honorable Mayor and City Council Gentlemen: I have looked into the matter of c requiring foam fire protection for tank installations storing flam. mable liquids in large quantity. Several questions involving this consideration have arisen: L Is our present regulation ade- quate? 2. Is foam fire protection a proper requirement? 3. How to make an enactment retro -active? 4. Should such a requirement, if necessary, be set out as a separate ordinance or includ. ed in the building code or a fire prevention code? In order to properly answer the above questions, before proceding with any action, 1 have requested the Building Commissioner to re- quest the building code committee to look into the matter and report, and to offer their recommenda- tions. Respectfully submitted, Gilbert D. Chavenelle City Manager Councilman Takos moved that the recommendation of the City Manager be approved. Seconded by Councilman Kean. Carried by the following vote: Yeas — Mayor Horgan, Council. men Kean, Ludwig, Pfohl, Takos. Nays --None. To the Honorable M yoortl 17, 1984 and City Council Gentlemen: I herewith submit reports of the City Auditor, City Treasurer, City Health Department and City Water Works for the month of March, as well as a list of payrolls and claims for which warrants were issued for the month of March, 1964. Respectfully submitted, Gilbert D. Chavenelle City Manager Councilman Takos moved that the reports be received and filed. Special Session, April 20, 1964 103 Seconded by Councilman Kean. Carried by the following vote: Yeas — Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. Proof of Publication, certified to by the Publisher, of Statement of Receipts and a list of claims for which warrants were issued during the month of March 1964, present- ed and read. Mayor Horgan moved that the proof of publication be received and filed. Seconded by Councilman Kean. Carried by the following vote: Yeas — Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. April 20, 1964 To the Honorable Mayor and City Council Gentlemen: I am returning to you the letter of inquiry from the Iowa State Highway Commission about city fire protection service for the Maintenance Garage at Highways #61 and #151. Your staff has investigated the possibility of furnishing fire ser- vice and it is recommended that it not be furnished for the following reasons: 1. The installation being a large garage in which is stored road equipment is a serious fire threat; 2. The water supply is not suffi- cient for fire protection pur- poses; 3. The distance from the garage to the nearest fire station is five miles. This distance would minimize the fire protection which could be given by the city. 1 am attaching a letter from Chief Nickson, dated April 16th, which is a report on the inquiry. Respectfully submitted, Gilbert D. Chavenelle City Manager Councilman Kean moved that the recommendation of the City Manager be approved. Seconded by Councilman Takos. Carried by the following vote: Yeas - - Mayor Horgan, Council. men Kean, Ludwig, Pfohl, Takos Nays—None. April 20, 1964 To the Honorable Mayor and City Council Gentlemen: This is to advise that I have ap- proved the following policy and bonds and desire to have your ap- proval on same, subject to the ap- provol of the City Solicitor: EXCAVATION Merlin Goerdt, d/b/a Merl Goerdt Excavating, Policy No. CL 738- 078, American States Insurance Co. SIDEWALK Thos. Flynn Coal Company, Fed- eral Insurance Company Conlon Construction Company, Federal Insurance Company Maurice E. Humke, Milwaukee In- surance Company Cyril Hanten, Western Surety Com- pany Lyle Kopp, U.S. Fidelity & Guar- anty Co. Respectfully submitted, Gilbert D. Chavenelle, City Manager Councilman Kean moved that the filing of the bonds and policies be approved subject to the approv- al of the City Solicitor. Seconded by Mayor Horgan. Carried by the following vote: Yeas — Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. April 20, 1964 To the Honorable Mayor and City Council Gentlemen: A survey has been completed re- garding the vacation and disposi- tion of streets along Garfield Ave- nue; these streets are the ones east of Garfield that extend toward Industrial Park. The survey indicated that the following streets be vacated from the easterly property line of Gar- field Avenue to the westerly prop- erty line of the first alley easterly of Garfield Avenue: 1. Marshall Street — to be va- cated, storm sewer easement retained, and sold to the di- rect abutters. 2. Emerson Street — to be va- cated and advertised for sale. 3. Stanton Street — to be va- cated and sold to the abut. ter. 1 also recommend that these three named street be submitted to the Planning and Zoning Coin- IN Session, April 20, 1964 mission for their approval for va- cation. Very truly yours, Gilbert D. Chavenelle City Manager Mayor Horgan moved that the recommendation of the City Man- ager be approved and referred for proper proceedings. Seconded by Councilman Kean. Carried by the following vote: Yeas — Mayor Horgan, Council- men Kean, Ludwig, 11fohl, Takos. Nays—None. April 6, I964 Honorable Mayor and City Council Re: Clarence Schuster Gentlemen: On July 9, I982 and on March 16, 1963, Clarence Schuster of 2195 Lincoln Avenue, Dubuque, Iowa, filed claim against the City of Dubuque in the amount of $100.00 and $33.28 respectively, claiming damage allegedly resulting, from sewer backing up into his base- ment. I have made an invesitgation of this matter and have conferred with the pertinent agency in inter- est and find no actionable negli- gence on the part of the City of Dubuque and therefore said claim should be denied. Original claim is hereto attached. Respectfully submitted, R. N. RUSSO, City Attorney Councilman Takos moved that the recommendation of the City Attorney be approved. Seconded by Mayor Horgan. Carried by the fol- lowing vote: Yeas — Mayor Horgan, Cou.ncil. men Kean, Ludwig, Pfohl, Takos, Nays—None. Hoorable Mayor and April 6, 1964 City Council Gentlemen: Re: Robert Steuer On March 29, 1963, Robert Steu- er of 2726 Burden Avenue, Du. Iowa against the City of Dubuque, Iowa, claim. ing damages allegedly resulting from a clogged sewer backing up into his basement as of March 23, 1963, in the amount of $125.00. I have made an investigation of this matter and have conferred with the pertinent agency in inter. est and find no actionable negli- genre on the part of the City of Dubuque and therefore said claim should be denied. Original claim is hereto attached. Respectfully submitted, R. N. RUSSO, City Attorney Councilman Takos moved that the recommendation of the City At- torney he approved. Seconded by Mayor Horgan. Carried by the fol. lowing vote: Yeas — Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. April 6. 1964 Honorable Mayor and City Council Gentlemen: Re: Louis F. Kessler On January 14, 1964, Louis F. Kessler of 210 James St., Dubuque. Iowa filed claim against the City of Dubuque, Iowa, claiming dam. ages allegedly resulting from sewer backing up in his basement as of January 10, 1964, in the amount of $162.00. I have made an investigation of this matter and have conferred with the pertinent agency in inter- est and find no actionable negli- hence on the part of the City of Dubuque and therefore said claim should be denied. Original claim is hereto attached. Respectfully submitted. R. N. RUSSO, City Attorney Councilman Takos moved that the recommendation of the City Attorney be approved. Seconded by Mayor Horgan. Carried by the fol- lowing vote: Yeas .— Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays --None. Honorable Mayor and April 6, 1964 City Council Gentlemen; Re: Melvin J. Tigges On March 29, 1963, Melvin J. Tigges of 2215 Windsor Ave., Du- buque, Iowa. filed claim against the City of Dubuque, Iowa, claim- ing damages allegedly resulting from sewer blockage causing sewer to back up into basement as of March 23, 1963, in the amount of $90.00. I have made an investigation of this matter and have conferred with the pertinent agency in inter Special Session, April 20, 1964 1(115 est and find no actionable negli- gence on the part of the City of Dubuque and therefore said claim should be denied. Original claim is hereto attached. Respectfully submitted, R. N. RUSSO, r City Attorney Councilman Takos moved that the recommendation of the City At- torney be approved. Seconded by Mayor Horgan. Carried by the fol- lowing vote: i Yeas — Mayor Horgan, Council. ) men Kean, Ludwig, Pfohl, Takos. Nays—None. April 6, 1964 Honorable Mayor and City Council Re: Fred W. Schulze Gentlemen: On March 29, 1963, Fred W. Schulze of 2722 Burden Avenue, Dubuque, Iowa, filed claim against the City of Dubuque, Iowa, claim- ing damages allegedly resulting from sewer backing up into his basement as of March 23. 1963, in the amount of $150.00. I have made an investigation of this matter and have conferred with the pertinent agency in int- erest and find no actionable negli- gence on the part of the City of Dubuque and therefore said claim should be denied. Original claim is hereto attached. Respectfully submitted. R. N. RUSSO, City Attorney Councilman Takos moved that the recommendation of the City Attorney be approved. Seconded by Mayor Horgan. Carried by the fol- lowing vote: Yeas—Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. April 6, 1964 Honorable Mayor and City Council Re: Julius Heinricy Gentlemen: On March 29, 1963, Julius Heim ricy of 2714 Burden Ave., Dubu. que, Iowa, filed claim against the City of Dubuque, Iowa, claiming damages allegedly resulting frorr sewer backing up into his base ment as of March 29, 1963, in the amount of $135.00. 1 have made an investigation o1 j this matter and have conferrer 4( with the pertinent agency in in terest and find no actionable neg igence on the part of the City f Dubuque and therefore said laim should be denied. Original claim is h e r e t o at - ached. Respectfully submitted, R. N. RUSSO, City Attorney Councilman Takos moved that he recommenadtion of the City %ttorney be approved. Seconded )y Mayor Horgan. (tarried by the ollowing vote: Yeas -- Mayor Horgan, Council- -nen Kean, Ludwig, Pfohl, Takos. Nays—None. April 6, 1964 Eionorable Mayor and City Council Re: William J. Burke Gentlemen: On J u 1 y 6, 1962, William J. Burke of 560 Maplewood Court, Dubuque, Iowa, filed claim against the City of Dubuque, Iowa, claim- ing damages allegedly resulting from sewer backing up into his basement as of June 30, 1962, in the amount of $41.40. I have made an investigation of this matter and have conferred with the pertinent agency in in- terest and find no actionable neg. ligence on the part of the City of Dubuque and therefore said claim should be denied. Original claim is h e r e t o at- tached. Respectfully submitted, R. N. RUSSO, City Attorney Councilman Takos moved that the recommendation of the City Attorney be approved. Seconded by Mayor Horgan. Carried by the following vote: Yeas — Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. April 17, 1964 Honorable Mayor and City Council Gentlemen: Hazel A. On January 27, 1964, Schwartz filed claim against the City for damages resulting from personal injuries suffered on the 10th day of January, 1964 at the northeast corner of 10th & Locust Streets, Dubuque, Iowa, by reason of accumulation of snow and ice in the crosswalk thereat. I have made an investigation of this matter and the claimant has tile amount t of$75-00,and mttte1it is 106 Special Session, April 20, 1964 the recommendation of the City Attorney that said offer be ac- cepted, and the City Auditor be Instructed to draw a warrant in the amount of $75.00 made payable to Hazel A. Schwartz, upon receipt of a duly executed release. Original claim is attached here- to. Respectfully submitted, R. N. RUSSO, City Attorney Mayor Horgan moved that the recommendation of the City At- torney be approved and the Au- ditor instructed to issue proper warrant. Seconded by Councilman Takos. Carried by the following vote: Yeas — Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. Notice of claim of Mrs. Elsia Kinney of Savanna, 111. in the amount of $25.93 for damage as the result of a backed up sewer on her property located at 597 W. 5th Street on March 31, 1964, Presented and read. Councilman Kean moved that the notice of claim be referred to the City So- licitor for investigation and report. Seconded by Councilman Takos. Carried by the following vote: Yeas — Mayor Horgan, Council. men Kean, Ludwig, Pfohl, Takos. Nays—None. ORDINANCE NO. 9.644 An Ordinance describing a cer- tain parcel of real estate and establishing and naming a pub. lie street thereon, Presented and read. Councilman Takos moved that the reading just had be considered the first reading of the Ordinance. Seconded by Mayor Horgan. Car• ried by the following vote: Yeas — Mayor Horgan, Council. men Kean, Ludwig, Pfohl, Takos. NaYs--None. Councilman Takos moved that the rules be suspended requiring an Ordinance to be read on three separate days. Seconded by Mayor Horgan. Cairied by the following vote: Yeas --. Mayor Horgan, Council- men Kean, Ludwig, Pfuhl, Takos. Nays. --None. ORDINANCE NO, 9.64 An Ordinance describing a cer- tain parcel of real estate and es- tablishing and naming a public street thereon ORDAINED HEHYRTHE EFORC TY COUBE N CII. OF THE CITY OF DU- BUQUE, IOWA: Section 1. That the following described real estate, situated In the unpiatted slough or abandoned riverbed In Section 19 Township 69 North Range 3 East of the 5th P.M. In the City of Dubuque, Iowa, and being the following property: Place of beginning at a point on the lntersectlon of the westerly property line of Cedar Street and the northerly property line of East Twelfth Street Extension, thence north 67 degrees, 30 minutes East a distance of 2115.96 feet along the northerly property line of East 12th Street, thence mouth 22 degree, 30 minutes East a distance of 32 feet, then North 14 degree. 01 min- utes West a distance of 1244.76 feet along the East line of levee thence South 69 degrees, 05 min- , utem West along the southerly property line of East 16th Street Extension a distance of 137.44 feet, thence South 14 degrees, 01 minutes East a distance of 1215.30 feat, thence South 67 degrees, 30 minutes West a distance of 1979.46 feet along the northerly property line of 12th Street to point of be- ginning. This area, 136 feet wide from the north property line of East 12th Street Extension to the South property line of East 16th Street E:tendon be and the same is hereby dedicated by the City of Dubuque to the public and a public street and thereon, to be known hereafter as Kerper Boulevard. Section 2. This Ordinance shall be in full force and effect from and after Its final passage, adop- tion and publication as by law Provided. Introduced the 20th day of April, 1964. Rule requiring reading on three separate days suspended by unanl- mous vote the 20th day of April, 1964. Passed by recorded roll call vote, adopted and approved this 80th day of April, 1964. ROBERT J. HOROAN Mayor RICHARD LUDWIO PETER J. TAKOS ELDON A. PFOHL JAMES J. KEAN Attest: Councilmen LEO F. FROMMELT City Clerk Published officially In the Tele- graph -Herald newspaper this 84th Oily of April, 1964. LEO F. FROMMELT It. 4-84. City Clerk Councilman Takos moved the adoption of the Ordinance. Sec- onded by Mayor Horgan. Carried by the following vote: Yeas -- Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays --None. Special Session, April 20, 19M 107 ORDINANCE NO. 10.64 An Ordinance Establishing Terms and Conditions under which property owners in the City of Dubuque may connect house lateral sewers to the West 32nd Street Sanitary Sewer and providing a penalty for violation thereof, presented and read. Councilman Takos moved that the reading just had be considered the first reading of the Ordinance. Seconded by Mayor Horgan. Car- ried by the following vote: Yeas — Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. Councilman Takos moved that the rule be suspended requiring an Ordinance to be read on three separate days. Seconded by Mayor Horgan. Carried by the following vote: Yeas — Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. ORDINANCE NO. 10-64 An Ordinance Establishing Tet ms and Conditions under which prop- erty owners in the City of Du- buque may connect house lateral sewers to the Rest 32nd Street Sanitary Sewer and providing a penalty for violation hereof. Be It Ordained by the City Council of the City of Dubuque. Iowa: Section 1. That no person, firm or Corporation shall connect tory house lateral sewer to the NV, st 32nd Street Sanitary Sewer as the same appears on the plans there- of prepared by the City Engineer and approved by the City Council May 6, 1963 without first com- plying with the provision of the Ordinance. Section 2. That a house laterul sewer serving any real estate Io - cooled within the City of Dubuque only be connected to the said Rest 32nd Street Sanitary Sewer upon application to the City Manager for permission to do so and payment to the City Treas- urer of a fee of $3.20 per foot for each tout in width of the area to be served as used herein shall mean Its mean width measured rt right angles to Its mean depth. Section 3. That the provisions of this Ordinance shalt not apply to real estate owned by the City of Dubuque or to main sewers constructed by the City of Du- buque or Its permittees. Section C That all auras re- ceived as payment of the conncc- lion charges established herein shall be paid Into the Sanitation - Sewage Rental Fund. Section G. Any person who v10 - lutes any of theprovisions hereof shall upon conviction be punlNhcd by a fine not to exceed Ont - Hundred Dollars ({100) or Im- prlaonment not to exceed thlrty 1801 days. Section 6. This Ordinance shall be in full force and effect from and after its final passage, adop- tion and publication as by law provided. Introduced the 20th day of April, 1964. Passed, adopted and approved the 20th day of April. 1964. Robert J. Horgan Mayor Itichard Ludwig Peter J. Takos Eldon A. Pfuhl James J. Kean Councilmen Attest: Leo F. Frommelt City Clerk Published officially In the Tele- graph -Herald Newspaper this 24th day of April, 19G4. Leo F. Frommelt City Clerk lt. 4-24 Councilman Takos moved the adoption of the Ordinance. Sec- onded by Mayor Horgan. Carried by the following vote: Yeas — Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. ORDINANCE NO. 11.64 An Ordinance Amending the Zoning Map and Zoning Ordi- nance known as Ordinance No. 3.34 of the City of Dubuque to change Lot 37 of the Subdivision of Mineral Lot 39 from its pres- ent Two Family Residence Dis- trict Classification to Local Bus- iness District "A" Classification, (200 Block on Southern Avenue), presented and read. Councilman Takos moved that the reading just had be considered the first reading of the Ordinance. Seconded by Mayor Horgan. Car- ried by the following vote: Yeas — Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. Councilman Takos moved that the rule requiring an Ordinance to be read on three separate days be waived. Seconded by Mayor Iforgan. Carried by the following vote: Yeas — Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. Councilman Takos moved that a public hearing be held on the Or- dinance on May 18, 1964, at 7:30 o'clock P. M. Central Standard Time, and that the City Cierk be instructed to publish notice of the hearing in the manner re- quired by law. Seconded by Mayor 1(>S Special Session, April 20, 1984 Horgan. Carried by the following vote: Yeas — Mayor Horgan, Council• men Kean, Ludwig, Pfohl, Takos. Nays—None Petition of Leo Heiden request- ing a refund of $125 on the un- expired portion of Liquor License No. C-2078, presented and read. Councilman Takos moved that the refund be granted and the Audi- tor instructed to issue proper war- rant. Seconded by Councilman Kean. Carried by the following vote: Yeas—Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. Petition of C. J. Cahill request- ing a refund of $1.00 due to the duplicate purchase of dog license on the same dog, presented and read. Councilman Takos moved that the refund be granted and the Auditor instructed to issue proper warrant. Seconded by Councilman Kean. Carried by the following vote: Yeas — Mayor Horgan, Council. men Kean, Ludwig, Pfohl, Takos. Nays—None. Petition of Dubuque Blacktop Co .by Maurice E. Humke request- ing permission to connect to sewer and water in Garnet Street, pre• sented and read. Mayor Horgan moved that the petition be re- ferred to the City Manager and En. gineering Department. Seconded by Councilman Takos. Carried by the following vote: Yeas — Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. Petition of Mary Agard Tent #35 D.U.V. requesting permission to hold a tag day on June 27th, 1964, presented and read. Councilman Takos moved that the petition be referred to the City Manager. Sec. onded by Councilman Pfohl. Car- ried by the following vote: Yeas — Mayor Horgan, Council. men Kean, Ludwig, Pfohl, Takos. Nays --None. Petition of Lester M. Lynch of 1185 Solon Street requesting con, sideration in the purchase of a 100' alley located between Solon and lAngwortby which is not Pres• ently in use, Presented and read. Councilman Takos moved that the Petition be referred to the Plan. "i's & Zoning Commission. Sec- onded by Councilman Kean. Car• ried by the following vote: Yeas — Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. Petition of Peoples Natural Gas requesting permission to cut a 4' x 6' hole in Garfield Avenue be. tween Stanton & Roosevelt, pre. sented and read. Councilman Takos moved that the petition be grant- ed. Seconded by Mayor Horgan. Carried by the following vote: Yeas — Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. Petition of Stanley Hahn of Plo. ver, Wis., requesting a renewal of a peddler's permit, without fee, which would entitle him to sell potatoes in the City, presented and read. Councilman Takos moved that the petition be granted. Sec- onded by Councilman Pfohl. Car. ried by the following vote: Yeas — Mayor Horgan, Council men Kean, Ludwig, Pfuhl, Takos. Nays—None. Petition of National Multiple Sclerosis Society requesting per. mission to conduct a house to house drive for funds the week of May 17th to 24th, presented and read. Councilman Takos moved that the petition be referred to the Mayor and City Manager. Seconded by Councilman Kean. Carried by the following vote: Yeas — Mayor Horgan, Council. men Kean, Ludwig, Pfohl, Takos. Nays—None. APPLICATION FOR ANNEXATION To: The Honorable Mayor and Members of the City Council of the City of Dubuque, Iowa. We, the undersigned, record ti• tle owners of the following de• scribed real estate, which is con- tiguous to the City of Dubuque, Iowa, do hereby request and peti- tion that the following described real estate be annexed to, and made a part of the City of Du- buque, Iowa, to -wit: West 50' of the West 130' of the West 430' of Lot 2 of Lot 2 of the SEV4 of the SE% of Section 21, Township 89 north, Range 2 East of the 5th P.M. ill the Coun. ty of Dubuque, Iowa, and East 300' of West 430' of Lot 2 Of loll of Southeast Quarter of the Southeast Quarter of Section Special Session, April 20, 1964 109 21, Township 89 North, Range 2 East of the 5th P.M. in the Coun- ty of Dubuque, Iowa. This lot is now and hereafter will be used as Local Business B as stat- ed in Zoning Ordinance of City of Dubuque, Iowa. adopted Jan- uary 29, 1934 as amended to May. 1961. Lot 1 of East 291.8' of Lot 2 of Lot 2 of the Southeast Quar- ter of the Southeast Quarter of Section 21, Township 89 North, Range 2 East of the 5th P.M., in the County of Dubuque, Iowa. This lot is now and hereafter will be used as Local Business B as stated in Zoning Ordinance of City of Dubuque, Iowa, adopt- ed January 29, 1934 as amended to May, 1961. All of the above according to recording plats thereof. Attached hereto an dmade a part hereof by this reference, marked Exhibit"A" is a plat showing the above described real estate in re- lation to the existing limits of the City of Dubuque, Iowa. Joseph F. Link John W. Link John A. Link Councilman Takos moved that the petition be referred to the Planning & Zoning Commission. Seconded by Mayor Horgan. Car- ried by the following vote: Yeas — Mayor Morgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. Petition of Frommelt Industries Inc. requesting permission to lease a tract of land to the south and adjoining their property on Huff Street approximately aT x 220', presented and read. Councilman Kean moved that the petition be referred to the City Manager. Sec- onded by Councilman Pfohl. Car- ried by the following vote: Yeas — Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. Petition of Ralph H. Heller, Riv- er States Oil Equipment, request ing a right of way, or possible sale, of a piece of city owned prop- erty located near the Fengler Street overpass to service a pro - Posed purchase of property known as Lot No. 1 and Lot "A" of Con- crete Products Place No. 1, pre- sented and read. Councilman Pfohl moved that the petition be referred to the Planning & Zoning Commis- sion. Seconded by Councilman Ta. kos. Carried by the following vote: Yeas — Mayor Horgan, Council. men Kean, Ludwig, Pfohl, Takos. Nays—None. April 10, 1964 To the Honorable Mayor and City Council Gentlemen: Please be advised that the Plan- ning and Zoning Commission was cognizant of the fact that the own- er of the property to the north of the proposed "West Flora" sub- division would be denied access to a public street following approval of the subject plat. The owner of the property to the north sold the land included in subject plat with full knowledge of the consequences of their action. I have requested the owner of the land -locked property to address a communication to the Council advising you of this fact. Respectfully yours, Clyde E. Cook City Planner Mayor Horgan moved that the communication be received and filed. Seconded by Councilman Ta- kos. Carried by the following vote: Yeas — Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. April 10, 1964 Air. Leo Frommelt City Hall Dear Leo: We would like to clarify the sit- uation regarding our transmitter site in Flora Park. Our company does not have any intention of developing the land now or in the future. The proposal submitted by Mr. Palm is entirely acceptable to us. Sincerely, Philip T. Kelly General Manager Mayor Horgan moved that the communication be received and filed. Seconded by Councilman Ta- kos. Carried by the following vote: Yeas — Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. Mr. Cletus Palm addressed the Council by stating that Mr. Kelly, General Manager of radio station WDBQ, told him that it makes no difference to him one way or an- other, as to the development of 110 Special Session, April 20, 1964 West. Flora Subdivision. A resolu- tion and completion of the entire tion approving plat of Lots 1 to 7 flood protection plan then under inclusive in West. Flora Sub. in the studyby the City of Dubuque and City of Dubuque, Iowa, was pre- bonds issued and sold by City of sented and read. Mayor Horgan Dubuque, then all sums received moved that the resolution be re- by City of Dubuque from Dubuque ferred to the City Manager so that Packing Company would be it might be resolved in tilequick charged as a part of the cost of est possible time. Seconded by such project and refunded to Du. Councilman Pfohl. Carried by the buque Packing Company, without following vote: interest, from proceeds of sale of Yeas — Mayor Horgan, Council- such bonds; and men Kean, Ludwig, Pfohl, Takos. WHEREAS, by letter dated Au. Nays—None. gust 30, 1963, City of Dubuque Communication of Dubuque Board of Dock Commissioners by Packing Company rescinding the its secretary, Don Mueller, ap. second paragraph of their letter of proved the request of Dubuque October 11, 1963 wherein they re- Packing Company subject, how• fer to a written agreement with ever, to the following provisions: the City of Dubuque, presented L City of Dubuque retain owner and read. Councilman Kean moved - ship of the slopes and reserve the that the communication be re- right, for use and benefit of its ceived and filed. Seconded by Ma- Board of Dock Commissioners, to yor Horgan. Carried by the follow. assess and collect wharfage and ing vote: rental fees in accordance with Yeas — Mayor Horgan, Council- cur. rent schedules; men Kean, Ludwig, Pfohl, Takos. 2. City of Dubuque shall retain Nays—None. and reserve a strip forty-four (44') RESOLUTION NO. 74.64 feet in width measured from top WHEREAS, by letter addressed of slope westwardly located in the to the Dubuque Dock Board, Gil. real estate hereinafter described, bert D. Chavenelle, City Manager of the City of Dubuque and Coun• together with easement in, over and across said real estate as ac- cil of the City of Dubuque, dated cess to said strip of forty-four feet. August 20, 1963, Dubuque Packing which real estate is described as Company expressed the feeling follows: that the property East and West of Lot One (1) of Block 8, River Kerper Boulevard and extending Front Subdivision No. 3 in the about one thousand feet north of City of Dubuque, Iowa, Sixteenth Street created by the for the purpose to inspect, main - dredging for the purpose of erect. tain and repair the rip -rip on the ing a flood dike and for the devel. slopes abutting said real estate opment of Lake Peosta should be hereinabove described and for the deeded to Dubuque Packing Com- purpose to erect, construct, install, pany and if such property were to be deeded repair and maintain flood control installations to said Company, the or devices on said amount of Eighty Thousand ($80,000.00) Dollars granted to City strip of 44 feet reserved and re - tained. of Dubuque by said Company upon certain conditions would be WHEREAS, City of Dubuque has waived by Dubuque Packing Company; caused said respective parcels of real and WHEREAS, it appearing as a estate to be platted, which shall hereafter be known and de - matter of record that the amount of $80,000.00 scribed as follows, to wit: was granted to City of Dubuque, Iowa by the Dubuque Lot 1 of Block 8, River Front Subdivision No. 3 in the City of i Packing Company upon certain conditions as stated and accepted Dubuque, Iowa, and Lot 2 of River Front Subdivision in Resolution No. 553-52 passed, adopted and approved by the City No. 4 in the City of Dubuque, Iowa. Council of Dubuque on August 4, 1952, one of which NOW THEREFORE BE IT RE - conditions was that in event the electors of City SOLVED by the City Council of Dubuque, and sale of bondsrfordth econstruc- Iowa: t real oestsa e i respective parcels of at Special Session, April 20, 1964 111 dated December 5, 1963 and pre- pared by Kenneth .1. Cullen of the firm of Cullen-Schiltz Associates be and the same are hereby app and the Mayor and City Clerk are hereby authorized and directed to execute the same, and City Clerk is ordered to file same for record- ing in the office of the Dubuque County Recorder. Section 2. That the disposal by City of Dubuque to Dubuque Pack- ing Company of interest in and to following described real estate: Lot 1 of Block 8, River Front Subdivision No. 3 in the City of Dubuque, Iowa, and Lot 2 of River Front Subdivision No. 4 in the City of Dubuque, Iowa, and the same is hereby approved upon the following conditions, to wit: A. City of Dubuque shall retain ownership of the slopes and Board of Dock Commissioners of City of Dubuque shall have the right and duty to assess and collect wharf- age and rental fees for usage of said waterfront abutting the slopes retained in accordance with cur. rent schedules, or as same may be amended and uniformly applied; B. City of Dubuque shall retain and reserve a strip forty-four (44') feet in width measured from top of slope westwardly located in the real estate hereinafter described, together with easement in, over and across said real estate as ac- cess to said strip of forty-four feet, which real estate is described as follows: Lot One (1) of Block 81 River Front Subdivision No. 3 in the City of Dubuque, Iowa, for the purpose to inspect, main- tain and repair the rip -rap on the slopes abutting said real estate hereinaoove ciescrined and for the purpose to erect, construct, in- stall, repair and maintain flood control installations or devices on said strip of 44 feet reserved and retained; C. Dubuque Packing Company re- lease and discharge City of Du- buque, Iowa from any and all claims by said Dubuque. Packing Company to the $80,000.00 hereto- fore granted City of Dubuque, Iowa, and acknowledge and agree that said amount of $80,000.00 is the absolute property of City of Dubuque, Iowa. Section 3. That the 18th day of May, 1964 at 7:30 o'clock P.M. at the City Council Chamber, City Hall, City of Dubuque, State of Iowa, be fixed as the time and place of hearing upon said propos• al to dispose of interest in real estate by City of Dubuque to Du- buque Packing Company, and the City Clerk is authorized and di- rected to cause notice to be pub- lished in the Telegraph -Herald, a newspaper of general circulation, printed and published in the City of Dubuque, Iowa, as by law is pro- vided. Passed, adopted and approved this 20th day of April, 1964. Robert J. Horgan Mayor Richard Ludwig Peter J. Takos Eldon A. Pfohl James J. Kean Councilmen Attest: Leo F. Frommelt City Clerk Councilman Kean moved the adoption of the resolution. Second- ed by Councilman Takos. Carried by the following vote: Yeas — Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. RESOLUTION NO. 7564 Approving preliminary estimate and approval of plans, specifica- tions, form of contract, plat and all other documents, for the con- struction of a storm sewer in Fourth Street from the existing storm sewer between Third Street and Fourth Street thence easterly across the Chicago, Burlington and Quincy Railroad Company tracks to a point approximately 125 feet from the beginning, thence north- erly to Fourth Street, thence east- erly to the intersection of Fourth Street and Sixth Street, at an esti- mated cost of $20,600.00, presented and read. Councilman Kean moved the adoption of the resolution. Second- ed by Councilman Takos. Carried by the following vote: Yeas — Mayor Horgan, Council. men Kean, Ludwig, Pfohl, Takos. Nays—None. 112 Special Session, April 20, 1964 (Necessity for Improvement) RESOLUTION NO. 76.64 WHEREAS, proposed plans, specifications, form of contract have been duly prepared and ap- proved by the City Council of the City of Dubuque and are now on Me in the office of the City Clerk showing among other things the following: 1. The street to be improved. 2. The plan of such improve- ment. 3. An estimate of the cost of the proposed improvement. For the construction of a storm sewer in Fourth Street from the existing storm sewer between Third Street and Fourth Street, thence easterly across the Chica- go, Burlington and Quincy Rail- road Company tracks to a point ap- proximately 125 feet from the be- ginning, thence northerly to Fourth Street, thence easterly to the in- tersection of Fourth Street and Sixth Street. 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 con- sideration of this proposed resolu- tion have on file with the City Clerk objections to the amount of the cost of improvement, they shall be deemed to have waived all ob- jections thereto. Said improvement shall be con- structed and done in accordance with the plans and specifications which have been prepared therefor 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 improvement will be Paid from the Kaufmann Avenue Storm Sewer Fund. The above resolution was intro. duced, approved and ordered Placed on file with the City Clerk this 20th day of April, 1964. Approved and placed on file for final action. Approved: Robert J. Horgan Mayor Richard Ludwig Peter J. Takos Eldon A. Pfohl James J. Kean Councilmen Attest: Leo F. Frommelt City Clerk Councilman Kean moved the ap- proval of the resolution. Seconded by Councilman Takos. Carried by the following vote: Yeas — Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. (Fixing Date of Hearing) RESOLUTION NO. 77-64 WHEREAS, the City Council of the City of Dubuque, Iowa has giv- en its preliminary approval on the proposed plans, specifications and form of contract and placed same on file in the office of the City Clerk for public inspection for the construction of a storm sewer in Fourth Street from the existing storm sewer between Third Street and Fourth Street, thence easterly across the Chicago, Burlington, and Quincy Railroad Company tracks to a point approximately 125 feet from the beginning, thence north- erly to Fourth Street, thence east- erly to the intersection of Fourth Street and Sixth Street. BE IT THEREFORE RESOLVED that on the 18th day of May, 1964, a public hearing will be held at 7:30 P.M. in the Council Chamber of the City of Dubuque at which time the objectors for the pro - Posed improvement may appear and make objection to the pro- posed plans and specifications and proposed form of contract, to the cost of the improvement 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- lisbed in the City of Dubuque which shall be not less than ten (10) days prior to the day fixed for its consideration, that the City Clerk be and he is hereby directed to have published the Notice of Pendency for said improvement, and the City Clerk is hereby di- rected to advertise for proposals Special Session, April 20, 1964 113 f for the construction of the im. Iprovement. ' Passed, adopted and approved this 20th day of April, 1964. Robert .1. Horgan Mayor Richard Ludwig Peter J. Takos Eldon A. Pfohl James J. Kean Councilmen Attest: Leo F. Frommelt i City Clerk Councilman Takos moved the adoption of the resolution. Second- ed by Councilman Kean. Carried by the following vote: Yeas — Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. RESOLUTION NO. 78-64 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. John F. Glynn, 336 Main Street BE IT FURTHER RESOLVED that the bonds filed with the ap- plication be approved. Passed, adopted and approved this 20th day of April, 1964. Robert J. Horgan Mayor Richard Ludwig Peter J. Takos Eldon A. Pfohl James J. Kean Councilmen Attest: Leo F. Frormelt City Clerk Mayor Horgan moved the adop- tion of the resolution. Seconded by Councilman Pfohl. Carried by the following vote: Yeas — Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. Mayor Horgan moved that Louis J. Lagen be re -appointed to the Civil Service Commission for a six year term to 3-31-1970 and Homer Addyman and Richard Beaves be re -appointed to the Heating, Ven- tilating, Air -Conditioning and Re- frigeration Board for three year terms to 3-16-1967. Seconded by Councilman Takos. Carried by the following vote: Yeas — Mayor Horgan, Council- men Kean, Ludwig, Pfuhl, Takos. Nays—None. There being no further business Mayor Horgan moved to adjourn. Seconded by Councilman Kean. Carried by the following vote: Yeas — Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. Leo F. Frommelt City Clerk Approved AU�USt l0r 1964 Adopted ..AUgUSy Councilmen '.t.. 1 - .. � �_44 I / L . ............................ City Clerk 114 Special Session, April 23, 1964 CITY COUNCIL OFFICIAL Special Session, April 23, 1964. Council met at 10:00 A.M. Cen- tral Standard Time. Present — Mayor Horgan, Coun- cilmen Kean, Ludwig, Pfohl, Takos. Absent — City Manager Gilbert D. Chavenelle. Mayor Horgan read the call and stated that service thereof had been duly made and this meeting is called for the purpose of con- sidering approval of "West Flora Subdivision" and reconsidering the effective dates of Daylight Saving Time and acting on any other busi. ness as may properly come before a regular meeting of. the City Council. April 23, 1964 To the Honorable Mayor and City Council Gentlemen: At your meeting of April 20th you referred to me the plat of Lot 1.7 of West Flora Subdivision with instructions to hold a conference with the individuals concerned in the matter, and determine if there could be a proper solution to the problem which was posed at the council meeting. A meeting was held in my of. fice on Tuesday afternoon, April 21st. As a result of this meeting, I recommend approval of the plat. Respectfully submitted, Gilbert D. Chavenelle City Manager Councilman Takos moved that the recommendation of the City Manager be approved. Seconded by Councilman Kean. Carried by the following vote: Yeas — Mayor Horgan, Council. men Kean, Ludwig, Pfohl, Takos. Nays—None. RESOLUTION NO. 79.64 Resolution approving the plat of Lots 1-7 inclusive in "West Flora" Subdivision in the City of Dubuque, Iowa. WHEREAS, there has been filed with the City Clerk a plat of the Subdivision of Lots 1.7 Inclusive in "West Flora" Subdivision In the City of Dubuque, Iowa, by Cletus Palm and Javetta Palm, husband and wife; and WHEREAS, upon said plat ap. pear Palm Court and easements which the owners by said plat have dedicated to the public forever; and WHEREAS, said plat has re ceived final approval by the City of Dubuque Planning and Zoning Commission; and WHEREAS, said plat has been examined by the City Council, and said Council finds that the same conforms to the statutes and ordi. nances relating thereto and that the grades have not been estab. lished, or the street graded, or the surfacing or sidewalks, or sewer and water mains installed; NOW, THEREFORE, BE IT RE. SOLVED by the City Council of the City of Dubuque, Iowa: Section 1. That the dedication of Palm Court as it appears on said Plat, together with easements for Public utilities shown thereon, be and the same is hereby accepted. Section 2. That the plat of the Subdivision of Lots 1-7 inclusive in "West Flora" Subdivision in the City of Dubuque, Iowa, be and the same is hereby approved, and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Du- buque upon said plat, provided the owners of said property hereinaf. ter named, execute their written acceptance hereto attached, agree. ing: (a) To reduce Palm Court to grade (b) (c) (d) (e) as shown by the profile sub- mitted with the plat; To surface Palm Court as the same appears on said plat, in- cluding Cul -De -Sac, with bi- tuminous concrete paving and with combination concrete curb and gutter, Type A cul all in accordance with the C: of Dubuque Standard Speci cations for bituminous cc trete streets; To install water mains in cordance with the plans sc mitted with the plat; To install storm and sanita sewers in accordance with pl submitted with the plat; To install sanitary sewer ai Special Session, April 23, 1964 115 water house laterals for each lot from the mains to the prop- erty line; (f) To construct sidewalks as re- quired by City Ordinances; (g) To construct the foregoing im- provements in accordance with the plans and specifica- tions approved by the City Manager under the inspection of the City Engineer and in the manner approved by the City Manager: (h) To maintain the street and sidewalk improvements for a period of four years from the date of their acceptance by the City of Dubuque and to maintain the sanitary sewer and water mains for a period of four years from the date of their acceptance by the City of Dubuque; (i) To provide the foregoing con- struction and maintenance, all at the expense of the subdivid- er, Cletus Palm and Javetta Palm, husband and wife, as owners; (j) To construct all of said im- provements except sidewalks, prior to November 1, 1965, and construct the sidewalk im- provements to November 1, 1966; and further provided that said Cletus Palm and Javetta Palm, as owners of said Subdivision, secure the performance of the foregoing conditions by providing security in such form and with such sureties as may be acceptable to the City Manager. Section 3. That in the event Cletus Palm and Javetta Palm shall fail to execute the acceptance and provide the security provided for in Section 2 hereof, within 45 days from the date of this Resolution, the provisions hereof shall be null and void and the acceptance of the dedication and the approval of the plat shall not be effective. Passed, adopted and approved by unanimous recorded roll call this 23rd day of April, A.D. 1964. Robert J. Horgan Mayor Richard Ludwig Peter J. Takos Eldon A. Pfohl James J. Kean Councilmen Attest: Leo F. Frommelt City Clerk This is to certify that the se- curity provided by the foregoing Resolution No. 79-64 has been provided by the owner. Dated at Dubuque, Iowa, this 26th day of June, 3.964. Gilbert D. Chavenelle City Manager ACCEPTANCE OF RESOLUTION NO. 79.64 We, Cletus Palm and Javetta Palm, being familiar with the terms and conditions of the fore- going Resolution No. 79.64, here- by accept the same and agree to perform the conditions required of us therein. Dated this 27th day of April, A.D. 1964. Javetta Palm Cletus Palm Councilman Takos moved the adoption of the resolution. Second- ed by Councilman Kean. Carried by the following vote: Peas — Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. April 23, 1964 To the Honorable Mayor and City Council Gentlemen: Many months ago the council in- structed me to negotiate with Frank J. Roshek, or his representa. tives, for the purchase of a piece of land located at the northwest corner of Locust and Eighth Streets and within the site of the proposed municipal parking ramp. The following events have oc. curred: 1. The first conference in regard to thepurchase was held Octo- ber 4, 1962, with representa- tives of Mr. Roshek. 2. A second meeting occurred about May, 1963. 3. In a telephone conversation about November 1, 1963, Ro- shek representatives indicated that negotiating conferences would be arranged. 4. A January 14, 1964 meeting to arrange negotiating conferences produced no results. 5. My telephone request on March 10, 1964, for a meeting to dis- cuss the land purchase was without result. 1 L8 Special Session, April 23, 1984 6. On March 27, 1964, I again re- quested a meeting without re- sult. In view of the above, I must re- port to you that I have been unable to arrive at a mutually satisfactory price for purchase of the property from Mr. Frank J. Roshek. Respectfully submitted, Gilbert D. Chavenelle City Manager Mayor Horgan moved that the communication be received and filed. Seconded by Councilman Ta- kos. Carried by the following vote: Yeas — Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. RESOLUTION NO. 80.64 A resolution determining the ne- cessity for acquiring certain real estate for the construction of a public garage in and for City of Dubuque, Iowa, and directing the City Solicitor to institute con- demnation proceedings. WHERFEAS, the City Council of the City of Dubuque, Iowa has heretofore determined that public convenience and necessity require the construction of a public garage in accordance with plans and speci- fications heretofore adopted; and WHEREAS, it appears to the City Council of the City of Du- buque, Iowa that in order to con- struct said public garage in and for the City of Dubuque, Iowa in ac- cordance with said plans and speci- fications it is necessary for the City of Dubuque, Iowa to acquire the following described real es- tate: City Lots 628, 629, 630 and 631 in the City of Dubuque, Iowa, and the easterly ten (10) feet of that portion of alley abutting and lying westerly of City Lots 628, 629, 630 and 631 in the City of Dubuque, Iowa, according to the United States Commission- er's Map of the Survey of the Town of Dubuque, Iowa; and WHEREAS, the City Manager of Dubuque, Iowa has reported to the City Council of City of Dubuque, Iowa that he has made numerous attempts to negotiate for the pur. chase of said real estate herein. above described with the represen- tatives of the owner of said real estate, said owner of record being Frank J. Roshek, and has been un- able to arrive at a mutually satis• factory price for the purchase of said real estate. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF CITY OF DUBUQUE, IOWA: Section 1. That it is hereby deter. mined that the public convenience and necessity require that the City of Dubuque, Iowa acquire said real estate for the construction and erection of a public garage in and for the City of Dubuque, Iowa. Section 2. That the City Solicitor, R. N. Russo, be and he is hereby authorized and directed to insti- tute condemnation proceedings un- der and in accordance with the provisions of Chapter 472 of the 1962 Code of Iowa in the name of the City of Dubuque to acquire fee title to the above described real estate for the City of Dubuque and determine the damage resulting to the owner of said real estate from such acquisition. Passed, adopted and approved this 23rd day of April, A.D., 1964. Robert J. Horgan Mayor Richard Ludwig Peter J. Takos James J. Kean Councilmen Attest: Leo F. Frommelt, City Clerk Councilman Ludwig moved the adoption of the resolution. Second- ed by Councilman Takos. Carried by the following vote: Yea* Mayor Horgan, Council- men Kean, Ludwig, Takos. Nays—Councilman Pfohl. Councilman Pfohl explained his Nay vote by stating that the land is being condemned for identical use. Mayor Horgan moved that the rules be subipended in order to let anyone present address the Council if they so desire. Seconded by Councilman Takos. Carried by the following vote: Yeas—Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. Mr. Francis J. O'Connor address. ed the Council relative to the me its of adopting Daylight Savii Time for the City to conform wi the majority of cities in the Stai The business community is des Special Session, April 23, 19(14 117 ous of Daylight time. The events of the last four days indicate that the City adopt Daylight Saving Time. Mrs. Ida McCabe spoke in objec- tion to Daylight Saving Time and cautioned the Council as to abiding with their previous committment on Daylight Time for June, July and August as adopted by resolu- tion earlier in the year. Mr. Richard Fuerst of 2624 Jack- son Street objected to the fast time and asked the Council to abide by their former decision to hold it to the summer months because of the increased danger to children going to school and crossing heav- ily traveled streets one hour earlier. A resolution adopted by the Chamber of Commerce recommend- ing that the City accelerate the effective date for the adoption of Daylight Saving Time so as to cause the same to become effective at 2:00 A.M. April 26, 1964 and to continue through either September 28 or October 4, 1964, presented and read. Mayor Horgan moved that the resolution be received and filed. Seconded by Councilman Takos. Carried by the following vote: Yeas—Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. Councilman Ludwig moved that the City adopt Daylight Saving Time for period of April 26, 1964 at 2 A.M. to October 4, 1964 at 2 A.M. Seconded by Councilman Takos. Carried by the following vote: Yeas — Mayor Horgan, Council- men Kean, Ludwig, Takos. Nays—Councilman Pfohl, Councilman Pfohl moved that the ruling of the Attorney General of the State of Iowa concerning the opening and closing time be observed by the taverns in Du- buque until said ruling is altered. Seconded by Mayor Horgan. Car- ried by the following vote: Yeas — Mayor Horgan, Council- men Kean, Pfohl. Nays -- Councilmen L u d w i g, Takos. RESOLUTION NO. 8164 Whereas, the City Council of the City of Dubuque has previously resolved to adopt daylight saving time for the period from ,lune 7. 1964 to September 6, 1964, and Whereas, it is considered judge- ment of the City Council of the City of Dubuque, Iowa, that it would create confusion and hardship upon Dubuque area business to be on a different standard of time than all the cities surrounding the City of Dubuque area for a substantial dis- tance; NOW, THEREFORE, BE I^' RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the official busi- ness of the City of Dubuque, Iowa, shall be conducted on Daylight Saving Time of one hour per day from the 26th day of April, 1964 to the 4th day of October, 1964, be- ginning with the 26th day of April, 1964, at 2:00 o'clock 9.M. and end- ing on the 4th day of October, 1964, at 2:00 o'clock A.M. Section 2. That the Mayor is hereby authorized and directed to invite the Citizens of the City of Dubuque, Iowa, and its enviorn, to observe Daylight Saving Time dur- ing the above specified period. Section 2. That Resolution No. 14.64, passed, adopted and ap- proved on the 10th day of Febru- ary, 1964, of the City Council of the City of Dubuque, Iowa, be and the same is hereby repealed. Passed, adopted and approved this 23rd day of April, 1964. Robert J. Horgan Mayor Richard Ludwig Peter J. Takos James J. Kean Councilmen Attest Leo F. Frommelt City Clerk Councilman Ludwig moved the adoption of the resolution. Second- ed by Councilman Takos. Carried by the following vote: Yeas—Mayor Horgan, Council- men Kean, Ludwig, Takos. Nays—Councilman Pfahl. There being no further business Mayor Horgan moved to adjourn. Seconded by Councilman Kean. Carried by the following vote: Yeas—Mayor Morgan, Council- 118 Special Session, April 23, 1964 men Kean, Ludwig, Pfohl, Takos. Nays—None. Leo F. Frommelt City Clerk. Au pa10 Approved......�.......st .............1...1984. Adopted AuFu s X10 t Councilmen City Clerk Special Session, April 27, 1964 119 CITY COUNCIL OFFICIAL Special Session, April 27, 1964. Council met at 7:30 P.M. Day- light Saving Time. Present—Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. City Manager Gilbert D. Chaven. elle. Mayor Horgan read the call and stated that service thereof had been duly made and this meeting is called for the purpose of Adop- ting a Resolution of Articles of Incorporation creating a County - City of Dubuque Authority; Auth- orizing Execution thereof and ap- pointing members to the Board of Commissioners to govern said authority and acting on any other business which may properly come before a regular meeting of the City Council. RESOLUTION NO. 82.64 Resolution adopting articles of incorporation creating county - city of Dubuque authority; authorizing execution thereof and appointing members to board of commissioners to gov- ern said authority. WHEREAS, on the 2nd day of March, 1964, the City Council of Ddbuque, Iowa, passed, adopted and approved RESOLUTION NO. 27-64, therein directing the prepara- tion of initial proceedings for the creation of an AUTHORITY pur- suant to and in accordance with the provisions of Chapter 239 of the Laws of the 60th General Assembly of Iowa; and WHEREAS, ARTICLES OF IN- CORPORATION OF COUNTY -CITY OF DUBUQUE AUTHORITY have been prepared and have been sub- mitted for adoption and execution thereof by the City of Dubuque, Iowa. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF DUBUQUE, IOWA: Section 1. That the ARTICLES OF INCORPORATION OF COUN- TY -CITY OF DUBUQUE AUTHOR- ITY, a copy thereof marked Exhibit "A" hereto attached and by refer- ence made a part hereof as though fully set out herein, be and the same are hereby approved and adopted, and the Mayor and City Clerk be and they are hereby auth- orized and directed to execute the same for and on behalf of City of Dubuque, Iowa. Section 2. That William Clemens Sr. of Dubuque, Iowa, be and he is hereby elected Commissioner to serve on the Board of Commission- ers of said Authority for a term of six (6) years commencing on the date said Authority shall be deem- ed to have come into existence. Section 3. That Herman Lott of Mosalem Twp., County of Du- buque, Iowa, be and he is hereby elected Commissioner to serve on the Board of Commissioners of said Authority by the joint action of the Board of Supervisors of Dubuque County, Iowa, and the City Council of Dubuque, Iowa, and he shall serve as such for a term of six (6) years commencing on the date said Authority shall be deemed to have come into existence. Section 4. That the County -City of Dubuque Authority shall be deemed to have come into existence upon recording the Articles of In- corporation of County -City of Du- buque Authority in the office of the County recorder of Dubuque County, Iowa, upon filing thereof in the office of the Secretary of the State of Iowa, and upon publication thereof once in the Telegraph -Her- ald, a newspaper having a general circulation in Dubuque County, Iowa. Section 5. That the City Solicitor is hereby authorized and directed to make such necessary arrange- ments for the recording of said Articles of Incorporation in the of- fice of the Dubuque County Record. er, for the filing thereof in the office of the Secretary of State of Iowa, and for the publication of said Articles of Incorporation as by law and by said Articles of In- corporation as by law and by said Articles of Incorporation is re- quired, and that the City of Du- buque pay one-half the costs of any and all necessary filing and record- ing fees and costs of publication. Section 6. That the City Clerk be and he is hereby authorized and directed to file a certified copy of this Resolution in the office of the Auditor in and for Dubuque County, Iowa. 140 Special Session, April 27, 1964 Passed, adopted and approved this 27th day of April, 1964. Robert J. Horgan Mayor Richard Ludwig Peter J. Takos Eldon A. Pfohl James J. Kean Councilmen Attest: Leo F. Frommelt, City Clerk Mayor Horgan moved the adop- tion of the resolution. Seconded by Councilman Kean. Carried by the following vote: Yeas—Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. ARTICLES OF INCORPORATION OF COUNTY -CITY OF DUBUQUE AUTHORITY The undersigned persons acting for and on behalf of Dubuque County, a Body Corporate of Iowa, and acting for and on behalf of City of Dubuque, a Municipal Corp- oration of Iowa, which is the Coun. ty seat of Dubuque County, Iowa, respectively acting as incorporators Of a corporate AUTHORITY organ- ized under and by virtue of Chap- ter 239 of the Laws of the 60th General Assembly of Iowa, do here. by adopt the following Articles of Incorporation for such AUTHOR- ITY. ARTICLE I NAME The name of said corporation is: COUNTY -CITY OF DUBUQUE AUTHORITY ARTICLE II INCORPORATING UNITS The units incorporating COUN. TY -CITY OF DUBUQUE AUTHOR- ITY are as follows, to wit: DUBUQUE COUNTY, a Body Corporate of Iowa and CITY OF DUBUQUE, a Municipal Corporation of Iowa ARTICLE III PURPOSES The County.City of Dubuque Authority is created and shall exist for the purpose of acquiring, con. structing, furnishing, equipping owning, improving, altering, en- larging, operating or maintaining a public building or buildings and the necessary site or sites therefor, for the joint use of such County of Dubuque and City of Dubuque. ARTICLE IV ELECTION OF COMMISSIONERS The Authority created by these Articles of Incorporation shall be governed by a Board of Commis. sioners of three (3) members who shall serve and hold such office for six-year terms. One commissioner shall be elected by the Board of Supervisors of Dubuque County, Iowa, one com- missioner shall be elected by the City Council of Dubuque, Iowa, and one shall be elected by the joint action of the Board of Supervisors of Dubuque County, Iowa and the City Council of Dubuque, Iowa, and in the event said governing bodies are unable to agree upon a choice for the third commissioner within sixty (60) days of the election of the first member, then in such event the third commissioner shall be appointed by the Governor of the State of Iowa. The Board of Commissioners shall designate one of their num- ber as chairman, one as secretary, and one as treasurer, and shall adopt by-laws and rules of pro- cedure and provide therein for reg. ular meetings and for the proper safekeeping of its records and for the proper accounting of its funds. The chairman shall preside at all of the meetings of the Board of Commissioners; the secretary shall keep a record of the minutes of the proceedings of the meetings of said Board of Commissioners and shall have custody of all books, records and papers of said Authority, ex- cepting only such as shall be in the charge of the Treasurer and the Treasurer shall keep accounts of all moneys of said Authority, re ceived or disbursed and shall de- posit all moneys in the name and to the credit of said Authority in such bank and depositories as the Board of Commissioners shall desig- nate. Whenever a vacancy exists for any reason whatsoever in the post Of commissioners appointed by the Board of Supervisors of Dubuque County, Iowa such vacancy shall be filled by appointment of said gov- ernmental unit of a successor to Special Session, April 17, 1964 121 serve for the remainder of the un- expired term of such member suc- ceeded; whenever a vacancy exists for any reason whatsoever in the post of commissioner appointed by the City Council of Dubuque, Iowa, such vacancy shall be filled by appointment by said governmental unit of a successor to serve for the remainder of the unexpired term of such member succeeded and whenever vacancy exists for any reason whatsoever in the post of commissioner appointed by both governmental units or by the Gov- ernor, such vacancy shall be filled by appointment agreed upon by both governmental units or if they are unable to agree upon a choice then such appointment shall be made by the Governor of a succes- sor to serve for the remainder of the unexpired term of such mem- ber succeeded. At the expiration of the six-year terms of office of the Board of Commissioners, election thereto shall be made in the same manner as is set forth in the second para- graph hereof, and such election shall be made at least thirty (30) days prior to the expiration of said six-year terms. ARTICLE V POWERS The Authority herein created shall be a body corporate with power to sue and be sued in any court of this State, have a seal and alter the same at its pleasure, make and execute contracts, leases, deeds and other instruments neces- sary or convenient to the exercise of its powers. In addition it shall have and exercise the following public and essential governmental powers and functions and all other Powers incidental or necessary to carry out and effectuate such ex- press powers: 1. To select, locate and designate an area lying wholly within the ter- ritorial limits of the City of Du- buque, Iowa as the site or sites to be acquired for the construction, alteration, enlargement or improve. ment of a building or buildings for the purposes set forth in Chapter 239 of the Laws of the 60th Gen eral Assembly of Iowa. The site or sites selected by the Board of Com missioners shall be subject to ap proval by a majority of the mem hers of the Board of Supervisors of Dubuque County, Iowa• and by a majority of the members of the City Council of the City of Du- buque, Iowa; 2. To acquire the fee simple title to the real property for said site or sites located within the territorial limits of the City of Dubuque, Iowa, by purchase, gift, devise, or by the exercise of the power of eminent domain, and title thereto shall be taken in the name of COUNTY - CITY OF DUBUQUE AUTHORITY; 3. To demolish, repair, alter or improve any building or buildings in the area so designated within the territorial limits of the City of Dubuque, Iowa and to construct a new building or buildings and other facilities in the designated area within the territorial limits of the City of Dubuque, Iowa, and to furn- ish and equip, maintain and operate said building or buildings and other facilities so as to effectuate the purposes of Chapter 239 of the Laws of the 60th General Assem- bly of Iowa; 4. To construct, repair and install streets, sidewalks, sewers, water pipes and other similar facilities and otherwise improve the site designated within the territorial limits of the City of Dubuque, Iowa; 5. To make provisions for off- street parking facilities for said designated area; 6. To operate, maintain, manage and to make and enter into con tracts for the operation, mainten- ance and management of such building or buildings and other facilities and to provide rules and regulations for the operation, main- tenance and management thereof; 7. To employ technical, profes- sional and clerical assistance as may be necessary and expedient to accomplish the objects and pur- poses set forth herein and the Board of Commissioners shall pre. scribe the duties and fix the com- pensation for such personnel; 8. To lease all or any parts of such building or buildings or other facilities to Dubuque County, Iowa and City of Dubuque, Iowa for a period of time not to exceed fifty (50) years upon such rental terms as may be agreed upon between the COUNTY -CITY OF DUBUQUE 1221 Special Session, April 27, 1964 AUTHORITY; and Dubuque Coun- ty, Iowa and City of Dubuque, Iowa, which rentals agreed upon may be increased byagreement of e City of Dubuque County, Dubuque, Iowa and the Authority when necessary to provide funds to meet obligations of such COUNTY - CITY OF DUBUQUE AUTHORITY; 9. In the event there is space at any time in such building or buildings not needed for a public purpose by the incorporating units, the Authority may rent such space to lessees either for a non-public or public use, upon such terms and under such written leases as the Board of Commissoners may deter- mine; 10. To procure insurance of any and all kinds in connection with said building or buildings to the same extent as might be done by any owner or lessor of property; 11. To accept donations, contribu- tions, capital grants or gifts from any individuals, associations mu- nicipal and private corporations and the United States, or any agen- cy or instrumentality thereof for or in aid of any of the purposes herein specified and to enter into agreements in connection there- with; 12. To borrow money from time to time and, pursuant thereto, to issue and sell revenue bonds in such amount or amounts, and with such maturity dates not in excess of fifty (50) years from date of issue, as the Board of Commission- ers may determine to provide funds for the purpose of acquiring, con- structing, demolishing, improving, enlarging, equipping, furnishing, repairing, maintaining and operat- ing building or buildings and other faciltes, and to acquire and pre- pare sites necessary and conven- ient therefor, and to pay all costs and expenses thereto, including, but in no way limiting the general- ity of the foregoing, architectural, engineering, legal and financing expense; and to refund and refin- ance, from time to time, revenue bonds so issued and sold, as often as may be deemed to be advantage- ous by the Board of Commissioners. Bonds issued by the Authority and interest thereon shall be payal,le solely from the revenues derived from the operation, management or use of the buildings and facilities acquired by the Authority and shall not constitute an indebtedness of the Authority or a claim against its property. 13. In general, to exercise all powers which now or hereafter may be conferred by law upon an authority organized tinder the pro- visions of Chapter 239 of the Laws of the 60th General Assembly of the State of Iowa, or necessary, incidental, convenient or conducive to the attainment of the purposes of such authorities, subject to such limitations as are or may be pre- scribed by law. ARTICLE VI COMPENSATION No commissioner shall receive any compensation in connection with his services as such commis- sioner. Each commissioner, how- ever, shall be entitled to reimburse- ment for any necessary expendi- tures in connection with the per- formance of his duties. Claims for reimbursement for any necessary expenditures by any commissioner shall be made upon forms adopted and approved by the Board of Com- missioners. ARTICLE V11 MEETINGS The Board of Commissioners shall hold regular meetings, and such special meetings as they shall deem necessary, from time to time, as provided by the by-laws. ARTICLE VIII ACCOUNTING $ REPORTS The Board of Commissioners shall keep and maintain accurate and correct books of accounting in accordance with standard account- ing practices and requirements as apply to municipal financial affairs. Board of Commissioners shall cause to be prepared a written statement of accounting of receipts and dis- bursements by said commission, one copy of which shall be kept on file at the offices of said commis- sion for public inspection, and an exact copy thereof shall be filed in the office of the County Auditor of Dubuque, Iowa, and an exact copy thereof shall be filed in the , office: of the City Clerk of Dubuque. Iowa, and which report shall be prepared and filed annually. Special Session, April 27, 1984 123 ARTICLE IX DUTIES OF COMMISSIONERS It shall be the duty of the Board of Commissioners to establish and fix rates, rentals, fees and charges for the use of any and all build- ings or space therein or other facil- ities owned and operated by Coun- ty -City of Dnbuque Authority, suf- ficient at all times to pay mainten- ance and operation costs and to pay the accruing interest and rev- enue bonds at maturity and to make all payments to all accounts created by any bond resolution and to comply with all covenants of any bond resolution adopted by the Board of Commissioners of said Authority. ARTICLE X EXECUTION OF INSTRUMENTS All leases, contracts, deeds of conveyance, bonds or any other in- struments in writing on behalf of County -City of Dubuque Authority shall be executed in the name of said Authority by the Chairman and Secretary of said Authority, or by such other officers as the Board of Commissioners, by resolution, may direct, and the seal of said Authority shall be affixed thereto. ARTICLE XI EFFECTIVE DATE These Articles of incorporation shall be recorded in the office of the County Recorder of Dubuque County, Iowa, shall be filed with the Secretary of State of the State of Iowa, and shall be published once in the Telegraph -Herald, a newspaper having a general circula- tion in Dubuque County, Iowa, and upon such recording and publica- tion the County -City of Dubuque Authority shall be deemed to have come into existence. ARTICLE X11 COMMISSIONERS The following named persons have been elected by the respective governing bodies to compose the first Board of Commissioners, to wit: BOARD OF SUPERVISORS OF DUBUQUE COUNTY, IOWA: Clem Welsh of 'fable Mound 'rwp., Dubuque County, Iowa CITY COUNCIL OF DUBUQUE, IOWA: William Clemens Sr. of Julien Twp., Dubuque County, Iowa BOARD OF SUPERVISORS OF DUBUQUE COUNTY and CITY COUNCIL OF DUBUQUE, DUBUQUE COUNTY, IOWA: Herman Lott of Mosalem Twp., Dubuque County, Iowa ARTICLES XIII RETIREMENT OF BONDS Upon retirement of all bonds issued and sold pursuant to Chapter 239 of the Laws of the 60th Gen- eral Assembly of Iowa and these Articles of Incorporation, then the County -City of Dubuque Authority may convey the title to the prop- erty owned by the Authority to Dubuque County, Iowa, and the City of Dubuque, Iowa, in accord- ance with these Articles of Incorp- oration or any amendments thereto or in accordance with any agree- ment adopted by the Board of Supervisors of Dubuque County, Iowa, City Council of Dubuque, Iowa, and the Authority. ARTICLE XIV AMENDMENTS These Articles of Incorporation may be amended from time to time by adoption of such amendments by the Board of Supervisors of Du- buque County and City Council of Dubuque, Iowa: Provided that no such amendment shall impair the obligation of any bond or other contract. Any amendment to these Articles of Incorporation shall be adopted, executed, recorded and published in the same manner as required for these Articles of In- corporation. ARTICLE XV EXEMPTION FROM DEBTS The private property of the indi- vidual members constituting the Board of Commissioners shall be exempt from debts of the corpora- tion. IN WITNESS WHEREOF, the Chairman of the Board of Super- visors of Dubuque County, Iowa has executed these Articles of In- corporation this 23rd day of April, A.D., 1964. DUBUQUE COUNTY, a Body Corporate of Iowa By: Joseph F. Bahl, Chairman Board of Supervisors Dubuque County, Iowa (Seal) 122 Special Session, April 27, 1964 AUTHORITY; and Dubuque Coun- ty, Iowa and City of Dubuque, Iowa, which rentals agreed upon may be increased I wagree City of ement of Dubuque County, Dubuque, Iowa and the Authority when necessary to provide funds to meet obligations of such COUNTY - CITY OF DUBUQUE AUTHORITY; R. In the event there is space at any time in such building or buildings not needed for a public purpose by the incorporating units, the Authority may rent such space to lessees either for a non-public or public use, upon such terms and under such written leases as the Board of Commissoners may deter- mine; 10. To procure insurance of any and all kinds in connection with said building or buildings to the same extent as might be done by any owner or lessor of property; 11. To accept donations, contribu- tions, capital grants or gifts from any individuals, associations mu- nicipal and private corporations and the United States, or any agen- cy or instrumentality thereof for or in aid of any of the purposes herein specified and to enter into agreements in connection there- with; 12. To borrow money from time to time and, pursuant thereto, to issue and sell revenue bonds in such amount or amounts, and with such maturity dates not in excess of fifty (50) years from date of issue, as the Board of Commission- ers may determine to provide funds for the purpose of acquiring, con- structing, demolishing, improving, enlarging, equipping, furnishing, repairing, maintaining and operat- ing building or buildings and other faciltes, and to acquire and pre- pare sites necessary and conven- ient therefor, and to pay all costs and expenses thereto, including, but in no way limiting the general- ity of the foregoing, architectural, engineering, legal and financing expense; and to refund and refin. ance, from time to time, revenue bonds so issued and sold, as often as may be deemed to be advantage• ous by the Board of Commissioners. Bonds issued by the Authority and interest thereon shall be payable solely from the revenues derived from the operation, management or use of the buildings and facilities acquired by the Authority and shall not constitute an indebtedness of the Authority or a claim against its property. 13. In general, to exercise all powers which now or hereafter may be conferral by law upon an authority organized under the pro visions of Chapter 239 of the Laws of the 60th General Assembly of the State of Iowa, or necessary, incidental, convenient or conducive to the attainment of the purposes of such authorities, subject to such limitations as are or may be pre- scribed by law. ARTICLE VI COMPENSATION No commissioner shall receive any compensation in connection with his services as such commis- sioner. Each commissioner, how. ever, shall be entitled to reimburse- ment for any necessary expendi- tures in connection with the per- formance of his duties. Claims for- reimbursement orreimbursement for any necessary expenditures by any commissioner shall be made upon forms adopted and approved by the Board of Com- missioners. ARTICLE VII MEETINGS The Board of Commissioners shall hold regular meetings, and such special meetings as they shall deem necessary, from time to time, as provided by the by-laws. ARTICLE Vill ACCOUNTING & REPORTS The Board of Commissioners shall keep and maintain accurate and correct books of accounting in accordance with standard account- ing practices and requirements as apply to municipal financial affairs. Board of Commissioners shall cause to be prepared a written statement of accounting of receipts and dis- bursements by said commission, one copy of which shall be kept on file at the offices of said commis- sion for public inspection, and an exact copy thereof shall be filed in the office of the County Auditor, of Dubuque, Iowa, and an exact copy thereof shall be filed in the office of the City Clerk of Dubuque, Iowa, and which report shall be prepared and filed annually. Special Session, April 27, 1984 123 ARTICLE IX DUTIES OF COMMISSIONERS It shall be the duty of the Board of Commissioners to establish and fix rates, rentals, fees and charges for the use of any and all build- ings or space therein or other facil- ities owned and operated by Coun- ty -City of Dubuque Authority, suf- ficient at all times to pay mainten- ance and operation costs and to pay the accruing interest and rev- enue bonds at maturity and to make all payments to all accounts created by any bond resolution and to comply with all covenants of any bond resolution adopted by the Board of Commissioners of said Authority. ARTICLE X EXECUTION OF INSTRUMENTS All leases, contracts, deeds of conveyance, bonds or any other in- struments in writing on behalf of County -City of Dubuque Authority shall be executed in the name of said Authority by the Chairman and Secretary of said Authority, or by such other officers as the Board of Commissioners, by resolution, may direct, and the seal of said Authority shall be affixed thereto. ARTICLE XI EFFECTIVE DATE These Articles of Incorporation shall be recorded in the office of the County Recorder of Dubuque County, Iowa, shall be filed with the Secretary of State of the State of Iowa, and shall be published once in the Telegraph -Herald, a newspaper having a general circula- tion in Dubuque County, Iowa, and upon such recording and publica- tion the County -City of Dubuque Authority shall be deemed to have come into existence. ARTICLE XII COMMISSIONERS The following named persons have been elected by the respective governing bodies to compose the first Board of Commissioners, to wit: BOARD OF SUPERVISORS OF DUBUQUE COUNTY, IOWA: Clem Welsh of Table Mound Twp., Dubuque County, Iowa CITY COUNCIL OF DUBUQUE, IOWA: William Clemens Sr. of Julien Twp., Dubuque County, Iowa BOARD OF SUPERVISORS OF DUBUQUE COUNTY and CITY COUNCIL OF DUBUQUE, DUBUQUE COUNTY, IOWA: Herman Lott of Mosalem Twp., Dubuque County, Iowa ARTICLES XIII RETIREMENT OF BONDS Upon retirement of all bonds issued and sold pursuant to Chapter 239 of the Laws of the 60th Gen- eral Assembly of Iowa and these Articles of Incorporation, then the County -City of Dubuque Authority may convey the title to the prop- erty owned by the Authority to Dubuque County, Iowa, and the City of Dubuque, Iowa, in accord- ance with these Articles of Incorp- oration or any amendments thereto or in accordance with any agree- ment adopted by the Board of Supervisors of Dubuque County, Iowa, City Council of Dubuque, Iowa, and the Authority. ARTICLE XIV AMENDMENTS These Articles of Incorporation may be amended from time to time by adoption of such amendments by the Board of Supervisors of Du- buque County and City Council of Dubuque, Iowa: Provided that no such amendment shall impair the obligation of any bond or other contract. Any amendment to these Articles of Incorporation shall be adopted, executed, recorded and published in the same manner as required for these Articles of In- corporation. -corporation. ARTICLE XV EXEMPTION FROM DEBTS The private property of the indi- vidual members constituting the Board of Commissioners shall be exempt from debts of the corpora- tion. IN WITNESS WHEREOF, the Chairman of the Board of Super- visors of Dubuque County, Iowa has executed these Articles of In- corporation this 23rd day of April, A.D., 1964. DUBUQUE COUNTY, a Body Corporate of Iowa By: Joseph F. Bahl, Chairman Board of Supervisors Dubuque County, Iowa (Seal) Special Session, April 27, 1964___-_.__.___ 124 IN WITNESS WHEREOF, the Iowa, sors authority of the Boardo County, b by City Clerk of the City Superlowa, F. Bahl Mayor and Municipal and the said Joseph of Dubuque, Iowa, a Iowa, have executed acknowledged the execution of said Corporation of Incorporation this instrument to be the voluntary act p these Articles of 1A64. and deed of said Dubuque County, 27th day of April, A. D,, Iowa, by it voluntarily executed. CITY OF DUBUQUE, a Munici- WITNESS my hand and Notarial pal Corporation of Iowa Seal on the date last above written. By Robert J. Horgan Harold N. Hilbert (Seal) Clerk of District Court in Mayor and for Dubuque County, By Leo F. Frommelt, Iowa City Clerk (Seal) STATE OF IOWA ) RESOLUTION NO. 63.64 ) ss. DUBUQUE, COUNTY ) RESOLUTION to fix a date for On this 27th day of April, 1964, the initiation of proceedings for the issuance of $1,250,000. Park. before me Eugene J. Berens a ing Facilities Revenue Bonds of Notary Public in and for the Coun- the City of Dubuque, Iowa. ty of Dubuque and State of Iowa, personally appeared Robert WHEREAS the City of Dubuque, Horgan and Leo F. Frommelt to mea in Dubuque County, Iowa, has here. tofore established a system of pub. personally known, who, being duly did say that the said Robert lic motor vehicle parking facilities sworn J. Horgan is Mayor and the said in said City consisting of both on - Frommelt is Clerk the street parking meters and off- street parking facilities and has es. City of of Dubuque, Iowa, and that the Cit tablished regulations for the use seal affixed to the above instru- is the corporate seal of the and operation thereof in order to rnent City of Dubuque, Iowa, and that properly regulate and control traf- fic upon the congested streets with. said instrument was signed and in said City; and sealed on behalf of the said City WHEREAS the location and phy- of Dubuque, Iowa, by authority of the City Council of said City and sisal characteristics of the business the said Robert J. Horgan and Leo area, together with the increased use by the public of motor vehicles F. Frommelt acknowledged the exe- has caused serious traffic conges- cution of said instrument to be tion in the streets of the business the voluntary act and deed of said sections of said City, thus prevent• City of Dubuque, Iowa, by it volun- ing the free circulation of traffic tarily executed. WITNESS my hand and Notarial in, through and from said City, impeding the rapid and effective Seal on the date last above written. b handling of fires and operation of Eugene Berens police forces and endangering the Notary Public in and health, safety and welfare of the for said County (Myand general public; and Commission Expires C WHEREAS it has been hereto- 7/4/66) fore found and determined, follow- SEAL llUBUQUE, COUNTY ) ing a public hearing conducted in the manner and as authorized and ) ss. provided by Section 390.1 of the STATE OF IOWA ) Code of Iowa, 1962, as amended, On this 23rd day of April, 1964 that public convenience and neces- before me personally appeared Jo- sity will be served by adding to, seph F. Bahl to me personally extending and improving said sys- known, who being duly sworn did tem of public motor vehicle park - say that he is the Chairman of the ing facilities as contemplated and Board of Supervisors of Dubuque recommended by the report enti- County, Iowa, and that the seal tled "Letter Report to the City affixed to the above instrument Council and City Manager, Du, is the corporate seal of Dubuque buque, Iowa, on the Proposed LO, County, Iowa, and that said instru- oust Street Parking Garage," dated ment was signed and sealed on be- December 10, 1963, prepared by balf of the said Dubuque County, De Leuw Cather & Company, Engi- Special Session, April 27, 1984 125 neers, now on file with the City Clerk, and consisting of acquiring the real estate not now owned by the City in the block bounded by Locust, Bluff, Eighth and Ninth Streets in said City and construct. ing in said block, a multi-level, re- inforced concrete motor vehicle parking structure, having a floor area of approximately 160,000 square feet; and WHEREAS traffic conditions upon the streets of said City are such as to necessitate and require for the public benefit, safety and convenience of said City and its inhabitants that said additional site and parking structure be ac- quired, maintained and operated by said City in order that motor vehicular traffic congestion upon the streets of said City be alleviat- ed and properly controlled; and WHEREAS the cost of acquiring said additional off-street public motor vehicle parking facilities has been estimated to be $1,350,000, of which $100,000 is to be paid from cash on hand, and as authorized under the provisions of Section 390.9 of the Code of Iowa, 1962, it is necessary that revenue bonds of said City be issued in the amount of $1,250,000 to pay the balance of such cost, and WHEREAS before proceedings for the issuance of such bonds are initiated it is necessary to fix a date of meeting of this Council at which it is proposed to take such action and to give notice thereof as required by Chapter 23 of the Code of Iowa; NOW, THEREFORE, Be It Re- solved by the City Council of the City of Dubuque, Iowa, as follows: Section 1. That this Council meet on the 18th day of May, 1964, at the Council Cltambers in the City Hall, Dubuque, Iowa, at 7:30 o'clock P.M., Central Standard Time, at which time and place proceedings will be instituted and action taken for the issuance of Parking Facilities Revenue Bonds of said City in the principal amount of $1,250,000 for the pur- pose of paying the cost; to that amount, of acquiring the addition- al public motor vehicle parking fa- cilities in and for said City as re- ferred to in the preamble hereof. Section 2. That the City Clerk iE hereby directed to give notice of Ac proposed action for the issu- 1nee of said bonds, setting forth :he amount and purpose thereof, the time when and the place where said meeting will be held, by pub- lication at least not less than fifteen (15) days before said meet- ing in the "Telegraph -Herald," a newspaper published and of gen- eral circulation within said City. Said notice shall be in substantially the following form: NOTICE OF MEETING FOR ISSUANCE OF PARKING FACILITIES REVENUE BONDS The City Council of the City of Dubuque, Iowa, will meet on the 18th day of May, 1964, at the Coun- cil Chambers in the City Hall, Du- buque, Iowa, at 7:30 o'clock P.M.. Central Standard Time, at which time and place proceedings will be instituted and action taken for the issuance of Parking Facilities Revenue Bonds of said City in the principal amount of $1,250,000, bearing interest at a rate or rates not exceeding five per cent (5%) per annum, for the purpose of pay- ing the cost, to that amount, of adding to, extending and improv- ing the system of public motor vehicle parking facilities of said City by acquiring all of the real estate, not now owned by the City in the block bounded by Locust, Bluff, Eighth and Ninth Streets in said City and constructing in said block a multi-level, reinforced con- crete motor vehicle parking struc- ture having a floor area of ap- proximately 160,000 square feet. These bonds, when issued, will not constitute general obligations of said City nor will they be payable in any manner by taxation, but said bonds, together with any additional bonds as may be hereafter issued and outstanding from time to time ranking on a parity therewith, will be payable solely and only from the future net revenues derived from the operation of the system of public motor vehicle parking facilities of said City, consisting of the net revenues of its off-street parking facilities and the net revenues of its on -street parking meters. At any time before the date of said meeting a petition or petitions setting forth objections thereto may be filed in the office of the City Clerk as permitted by law. 126 Special Session, . By order of the City Council, this 27th day of il, 1964. Leo F.rFrmmelt City Clerk Section 3. That all orders or res- olutions, or parts of orders or res- olutions in conflict herewith be and the same are hereby repealed. Section 4. That this meeting be and the same is hereby adjourned to meet again at the time and place hereinbefore fixed for fur- ther consideration of the matters herein set. forth. Passed and approved April 27th, 1964. Robert J. Horgan Mayor Richard Ludwig Peter J. Takos Eldon A. Pfohl James J. Kean (Seal) Leo F. Frommelt City Clerk Recorded April 27th, 1964. Leo F. Frommelt City Clerk Councilman Ludwig moved the adoption of the resolution. Second- ed by Mayor Horgan. Carried by the following vote: Yeas — Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. Councilman Takos moved that the minutes of the Council meeting of April 20, 1964 be amended to show the project cost in resolution No. 72.64 for the construction of the Parking Garage in the amount of $1,350,000.00 in lieu of the shown amount of $1,285,000.00. Seconded by Councilman Kean. Carried by the following vote: Yeas — Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. April 27, 1964 Honorable Mayor and City Courcil Gentlemen: At a regular meeting of the Du- buque Planning and 'Zoning Com- mission held Thursday, April 23, 1964, the following action was taken: Motion by Commissioner Flynn, supported by Commissioner Bush that the extension of Catherine Street south of Sixteenth Street and the two alleys running west off Henion Street in Yates Sub- division and Henion and Bairds 1pril 27, 1964 Subdivision be vacated as re- quested in Msgr. Foley's letter of April 2, 1964 to the City Coun- cil. Motion carried. Respectfully submitted, Frank ,l. Glab, Secretary Dubuque Planning & Zoning Commission Councilman Takos moved that the recommendation of the Plan- ning & Zoning Commission be ap- proved and referred to the City Solicitor for proper proceedings. Seconded by Councilman Ludwig. Carried by the following vote: Yeas — Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. April 27, 1964 Honorable Mayor and City Council Gentlemen: At a regular meeting of the Du- buque Planning and Zoning Com- mission held Thursday, April 23, 1964, the following action was taken: Motion by Commissioner Bush, s u p p o r t e d by Commissioner Flynn that the request of Mr. Ralph Heller to have access to his property across two city owned lots at Fengler and Gar- field Streets be denied upon ad- vice of the City Engineer that there is insufficient room for the slope needed for lateral sup- port of a roadway. Motion carried. Respectfully submitted, Frank J. Glab, Secretary Dubuque Planning & Zoning Commission Councilman Kean moved that the recommendation of the Planning & Zoning Commission be approved. Seconded by Councilman Takos. Carried by the following vote: Yeas — Mayor Horgan, Council. men Kean, Ludwig, Pfohl, Takos, Nays—None, April 27, 1964 Honorable Mayor and City Council Gentlemen: At a regular meeting of the Du- buque Planning and Zoning Com- mission held Thursday, April 23, 1964, the following action was ta- ken: It was moved by Commissioner Loosbrock and supported by Special Session, April 27, 1964 127 Commissioner Deininger that the I wig.Carried by the following vote: final plats of Yeas — Mayor Horgan, Council - 1) Subdivision of Lot 1 of Block men Kean, Ludwig, Pfohl, Takos. 8, River Front Sub. No. 3 Nays—None. and Petition of John N. Delaney re - 2) River Front Sub. No. 4 questing a refund of $100 on the both in the City of Dubuque, be. unexpired portion of Class B beer approved. permit No. 145, presented and Motion carried. read. Councilman Takos moved that the petition be granted and Respectfully submitted, the Auditor instructed to issue Frank J. Glab, Secretary Dubuque Planning & Zoning proper warrant. Seconded by Ma - yor Horgan. Carried by the follow - Commission ing vote: Councilman Takos moved that yeas — Mayor Horgan, Council - the recommendation of the Com- men Kean, Ludwig, Pfohl, Takos. mission be approved. Seconded by Nays—None. Councilman Kean. Carried by the April 27, 1964 following vote: Yeas — Mayor Horgan, Council- To the Honorable Mayor and City Council men Kean, Ludwig, Pfohl, Takos. Gentlemen: Nays --None. I am enclosing an Option for the Communication of Merchants purchase of City Lot #259 at the Mutual Bonding Co. submitting a northwest corner of Ninth Street Fidelity and Surety Certificate of and Central Avenin. Authority issued by the Commis- The purchase price is $58,000. sioner of Insurance of the State of This property was appraised by the Iowa, authorizing them to transact Dubuque Real Estate Board in the its appropriate business in the amount of $58,000. 1 am enclosing State until April 1, 1965, presented a copy of the appraisal with the and read. Councilman Takos moved option. that the Certificate be received I recommend that the property and filed. Seconded by Councilman be purchased and that the Mayor Pfohl. Carried by the following and City Clerk be authorized to vote: Yeas — Mayor Horgan, Council- sign the Option. Respectfully submitted, men Kean, Ludwig, Pfohl, Takos. Gilbert D. Chavenelle Nays—None. City Manager Notice of claim of Harold C. Gal- Councilman Takos moved that liart in the amount of $124.44 for the recommendation of the City car damage incurred as the result Manager be approved. Seconded of striking a defective area in by Councilman Ludwig. Carried by the street at the corner of 8th & the following vote: Bluff on April 24, 1964, presented yeas — Mayor Horgan, Council - and read. Councilman Takos moved men Kean, Ludwig, Pfohl, Takos. that the notice of claim be referred Nays—None. to the City Solicitor for investiga• RESOLUTION NO. 8464 tion and report. Seconded by Coun- cilman Ludwig. Carried by the fol- WHEREAS, an option for the lowing vote: purchase of the following described Yeas — Mayor Horgan, Council- real estate has been submitted to men Kean, Ludwig, Pfohl, Takos. the City Council of the City of t Nays—None. Dubuque, Iowa: City Lot 259 in the City of Du- Notice of claim of Robert L. buque, Iowa according to the Kleinschrodt, in the amount of United States Commissioners' $104.12 for car damage incurred Map of a survey thereof, togeth- as the result of striking a defect with all improvements there. in the street at Kennedy Road & er including any and all inter- Pennsylvania Avenue on April 13, on, est in and to streets and alley , 1964, presented and read. Council- abutting same, said premises man Takos moved that the notice also located at and known as of claim be referred to the City 905 Central Avenue; and Solicitor for investigation and re- port. Seconded by Councilman Lud- WHEREAS, City Council has 128 Special Session, April 27, 1964 examined the terms and provisions northwest corner of 9th Street and of said option dated April 20, 1964, Central Avenue, Dubuque, Iowa, a copy of which is attached here- described as follows: to and by reference made a part City Lot 259 in the City of Du_ hereof, buque, Iowa according to the NOW THEREFORE BE IT RE- United States Commissioners SOLVED by the City Council of Map of a survey thereof, togeth- City of Dubuque, Iowa: er with all improvements there - Section 1. That option dated on, including any and all inter. April 20, 1964 for the purchase of est in and to streets and alley the following described real estate: abutting same, said premises al. City Lot 259 in the City of Du so located at and known as 905 buque, Iowa according to the Central Avenue, United States Commissioners upon the following terms and Map of a survey thereof, togeth con, ditions: er with all improvements there. 1. This option is hereby on, including any and all inter- granted for period of sixty days from date est in and to streets and alley hereof and shall terminate at 12:00 abutting same, said premises al- so located at and known as 905 o'clock noon, D.S.T., June 20, 1964. Central Avenue, 2 In event City of Dubuque from members of the Fuhrman elects to exercise said option, in such family and representatives thereof event written notice of such election shall be bearing date of April 20, 1964, be and the same is hereby approved. delivered to Earl R. Bush. agent for the under - Section 2. That the Mayor and signed. at. American Trust Build. ing, Dubuque, Iowa, or in City Clerk be and they are hereby authorized and empowered to event such is not possible, for any reason exe- cute said option for and on behalf whatsoever, then in such event said written notice shall be deliv- of the City of Dubuque, Iowa. ered to James Bullard. Trust Offi. Passed, adopted and approved this 27th day of April, 1964. cer, American Trust and Savings Bank, Dubuque, Iowa. Robert J. Horgan 3. Purchaserice for said P Prop- Ma or Richard Ludwig erty shall be Fifty -Eight Thousand Peter J. Takos ($58,000.00) Dollars, payable as follows: Eldon A. Pfohl James J. Kean One Thousand ($1,000.00) Dol - Lars Payable Councilmen at time of exercis- Attest: ing said option and the balance, Leo F. Frommelt to wit, $57,000.00 payable upon City Clerk delivery of Warranty Deed and Councilman Kean moved the Abstract of Title to City Manag- adoption of the resolution. Sec. to of Dubuque, Iowa, or hereaf- ter onded by Councilman Pfohl. Car- provided, time of ried by the following ing said option credit shall be n hall e Yeas — Mayor Horgan,, Council. given for the 0 paid as men Kean, Ludwig,consideration Pfohl, Takos. r this for this option. Nays --None. 4. Within fifteen (15) days from City of Dubuque April 20, 1964 the date City of Dubuque serves notice of intention to exercise said City Hall option herein given, City of Du - Dubuque, Iowa buque will be furnished with an Attn: Mr. Gilbert D. Chavenelle Abstract of Title extended to date City Manager of delivery, showing good and mer Gentlemen: chantable title of record to said For and in consideration of the sum of One Hundred ($100.00) Dol- roperunder- sig ed tyoptionovestes , whicheAbstrract lays, receipt of which edged, the is acknowl- of Title shall become property o City of Dubuque undersigned hereby grant and extend upon con ummaf tion of sale. to the City of Dubuque, Iowa, an option to 5. At the time of conveyance of pur- chase the property located at the said property, the undersigned, op - tionors, will convey to the City of Special Session, April 27, 1964 129 Dubuque. Iowa any and all inter- est they may have in and to the streets and alley abutting the prop- erty herein agreed to be sold. 6. Undersigned optionors, agree to pay all general taxes due and payable in the year 1964. General real estate taxes due and payable in the year 1965 shall be pro -rated to date of settlement hereof. 7. Undersigned optionors, here- with materially represent that all fixtures, attachments and other components of building located on said property shall remain and be included in the sale of the real estate hereinabove described. 8. Undersigned optionors war- rant and represent that City of Du- buque shall have possession of the property hereinabove described upon delivery of Warranty Deed. 9. In the event the City of Du- buque fails to elect to exercise this option, the payment of $100.00 shall be retained by the under- signed optionors as liquidated dam- ages and the undersigned option- ors shall be released of all further liability hereunder to the City of Dubuque, Iowa. Frederick W. Fuhrman, Deceased By American Trust & Savings Bank, Trustee By: James R. Bullard, Trust Officer Frederick W. Fuhrman, Deceased By: Edna R. Fuhrman, Executrix Frank A. Fuhrman Sadie I. Fuhrman Carl G. Fuhrman Alice E. Fuhrman Katherine M. Dolan Donald Dolan The terms of the foregoing op- tion are herewith accepted. Dated this 27th day of April, 1964. City of Dubuque, Iowa By: Robert J. Horgan Attest: Leo F. Frommelt City Clerk (City Seal) RESOLUTION NO. 85.64 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. Floyd F. Kurtz, 2319 Prince Street BE IT FURTHER RESOLVED that the bonds filed with the ap- plication be approved. Passed, adopted and approved this 27th day of April, 1964. Robert J. Horgan Mayor Richard Ludwig Peter J. Takos Eldon A. Pfohl James J. Kean Councilmen Attest: Leo F. Frommelt City Clerk Councilman Takos moved the adoption of the resolution. Second- ed by Councilman Kean. Carried by the following vote: Yeas — Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. RESOLUTION NO. 861 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 Is- sued upon the compliance with the terms of the ordinances of the City. CLASS "B" BEER PERMIT Floyd F. Kurtz, 2319 Prince Street CLASS "C" BEER PERMIT Carl Chalder, 101 West 5th Street Passed, adopted and approved this 27th day of April, 1964. Robert J. Horgan Mayor Richard Ludwig Peter J. Takos Eldon A. Pfohl James J. Kean Councilmen Attest: Leo F. Frommelt City Clerk Councilman Kean moved the adoption of the resolution. Second- ed by Councilman Pfohl. Carried by the following vote: Yeas — Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. 130 Special Session, April 27, 1964 RESOLUTION NO. 87-64 WHEREAS, applications for Beer Permits wee litsdby the and theyhithin avenamed appppican 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 applicannts a Beer Permit. Name Address CLASS "B" BEER PERMIT Floyd F. Kurtz, 2319 Prince Street CLASS "C" BEER PERMIT Carl Chalder, 101 West 5th Street BE IT FURTHER RESOLVED that the bonds filed by such appli- cants be and the same are hereby approved. Passed, adopted and approved this 27th day of April, 1964. Robert J. Horgan Mayor Richard Ludwig Peter J. Takos Eldon A. Pfohl James J. Kean Councilmen Attest: Leo F. Frommelt, City Clerk Councilman Kean moved the ad- option of the resolution. Seconded by Councilman Pfohl. Carried by the following vote: Yeas — Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. There being no further business HOOGMaaw Horgan moved to ad journ. Seconded by Councilman Takos. Carried by the following vote: Yeas -- Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. Leo F. Frommelt, City Clerk Approved .August 10(. ... 1964 Adopted „Augur t 10 ,,V......... Councilmen City Clerk Regular Session, May 4, 1%, 4 131 CITY COUNCIL (OFFICIAL) Regular Session, May 4, 1964. Council met at 7:30 P.M. Stand- ard 'rime (8:30 P.M. Daylight Sav- ing Time) Present—Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. City Manager Gilbert D. Chaven- elle. Mayor Horgan read the call and stated that service thereof had been duly made and this is the Regular Monthly meeting of the City Coun- cil for the purpose of acting upon such business as may properly come before the meeting. Communication of D u b u q u e Chamber of Commerce compliment- ing the Council on the progressive street program for 1964, presented and read. Councilman Takos moved that the communication be re- ceived and filed. Seconded by Councilman Ludwig. Carried by the following vote: Yeas — Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. Communication of Archdiocesan Chancery approving the contem- plated street improvement of Penn- sylvania Avenue insofar as it af- fects Lot 1 of 1 NWe/4-NEia Sec. 28 T. 89 N. R. 8 E., presented and read. Councilman Kean moved that the communication be received and filed. Seconded by Councilman Takos. Carried by the following vote: Yeas -- Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. Communication of M. G. McDer- mott objecting to the proposed curb & gutter and paving of Uni- versity Avenue, presented and read. Mayor Horgan moved that the communication be received and filed. Seconded by Councilman Takos. Carried by the following vote: Yeas — Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays — None. Petition of Richard Kolck et al (19 signers) objecting to the pro- posed paving of Grove 'Terrace, pre- sented and read. Mayor Horgan moved that the petition be received and filed. Seconded by Councilman Takos. Carried by the following vote: Yeas — Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays — None. Petition of Herbert Kiefer et al (45 signers) objecting to the pro- posed paving of Arlington Street, presented and read. Mayor Horgan moved that the petition be received and filed. Seconded by Councilman Takos. Carried by the following vote: Yeas — Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays — None. Petition of Edward A. Deppe et al (11 signers) objecting to the proposed improvement of Farragut Street, presented and read. Mayor Horgan moved that the petition be received and filed. Seconded by Councilman Takos. Carried by the following vote: Yeas -- Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays — None. Petition of Charleene O'Toole et al (52 signers) objecting to the proposed paving of Rose street, pre- sented and read. Mayor Horgan moved that the petition be received and filed. Seconded by Councilman Takos. Carried by the following vote: Yeas — Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays — None. Petition of Joseph B. Kaiser et al (8 signers) objecting to the pro- posed assessments for the paving of Grove Terrace and W. 12th Street presented and read. Mayor Horgan moved that the Petition be received and filed. Seconded by Councilman Takos. Carried by the following vote: Yeas — Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays — None. Petition of Mrs. Alice J. Wieser et al (51 signers) objecting to the proposed improvement of West Eleventh Street, presented and read. Mayor Horgan moved that the petition be received and filed. Sec- onded by Councilman Takos. Car- ried by the following vote: yeas . - Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. Petition of Clarence J. Weiner I:'),, Regular Session, May 4, 1964 et al (20 signers) objecting to the proposed curb & gutter and surfac ing of O'Neill street from Burden Avenue to Brunswick Street, pre- sented and read. Mayor Horgan moved that the petition be received and filed. Seconded by Councilman Takos. Carried by the following vote: Yeas — Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. Communication of Mary Lehman Estate requesting that Grove Ter- race and W. 12th Street be deleted from the 1964 Bituminous Paving Program presented and read. Sec- onded by Councilman Takos. Car- ried by the following vote: Yeas — Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. Communication of Chris J. & Julia Winter objecting to the pro- posed assessment against their property for the paving of Clarke Drive, presented and read. Mayor Horgan moved that the communica- tion be received and filed. Second- ed by Councilman Takos. Carried by the following vote: Yeas — Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. Communication of Luvern H. Stockel objecting to the proposed assessments for the surfacing of Grove Terrace and W. 12th Street, presented and read. Mayor Horgan moved that the communication be received and filed. Seconded by Councilman Takos. Carried by the following vote: Yeas — Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. Communication of Howard W. Hintz objecting to the curb & gut. ter and paving of King Street, pre- sented and read. Mayor Horgan moved that the communication be received and filed. Seconded by Councilman Takos. Carried by the following vote: Yeas — Mayor Horgan, Council. men Kean, Ludwig, Pfohl, Takos. Nays—None. Communication of State of Iowa objecting to the proposed lack of authority to make assessment against Lot A of Lot 2 of Block 7 of Dubuque Harbor Co. Addn. be- cause said property is a part of a street within the meaning of See - tion 391.46, presented and read. Mayor Horgan moved that the com. munication be received and filed. Seconded by Councilman Takos. Carried by the following vote: Yeas — Mayor Horgan, Councii. men Kean, Ludwig, Pfohl, Takos, Nays—None. Communication of Philip A. & Martha Powers objecting to the proposed curb & gutter and pav- ing of John F. Kennedy Road, pre- sented and read. Mayor Horgan moved that the communication be received and filed. Seconded by Councilman Takos. Carried by the following vote: Yeas — Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. Petition of Ronald Redmond et al (12 signers) objecting to the pro. posed paving of Rosedale Street from St. Ambrose to Asbury Street, presented and read. Mayor Horgan moved that the petition be received and filed. Seconded by Councilman Takos. Carried by the following vote: Yeas — Mayor Horgan, Council. men Kean, Ludwig, Pfohl, Takos. Nays—None. Petition of Robert C. Reilly et al (76 signers) objecting to the pro- posed paving of W. 3rd Street from Hill to Grandview, presented and read. Mayor Horgan moved that the petition be received and filet!. Sec. onded by Councilman Takos. Car. ried by the following vole: Yeas — Mayor Horgan, Council. men Kean, Ludwig, Pfohl, Takos. Nays—None. Petition of John R. Wilkinson Sr. et al (16 signers) objecting to the proposed adoption of resolution of necessity for the 1964 Bitumin. ous Concrete Paving Project No. 1, more specifically objecting to the proposed surfacing of Atlantic Street from University Ave. to Loras Blvd., presented and read. Mayor Horgan moved that the Petition be received and filed. Sec- onded by Councilman Takos. Car- ried by the following vote: Yeas — Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. Petition of Fred Kurt et al (17 signers) objecting to the proposed Paving of Burns Street, presented and read. Mayor Horgan moved that the petition be received and Regular Session, May 4, 1964 133 filed. Seconded by Councilman Takos. Carried by the following vote: Yeas — Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. Communication of Mrs. Kenneth Dutcher objecting to the proposed paving of King Street from Fulton to Broadway, presented and read. Mayor Horgan moved that the communication be received and filed. Seconded by Councilman Takos. Carried by the following vote: Yeas — Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. Petition of Ronald E. Welsh et al objecting to the proposed paving of Chestnut street from Prairie to Walnut. Streets, presented and read. Mayor Horgan moved that the peti- tion be received and filed. Second- ed by Councilman Takos. Carried by the following vote: Yeas — Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. Communication of St. Mary's Home objecting to the proposed assessment against Lot 1 of 1 of 2 and Lot 2 of 2 of St. Mary's Place, both as to curb and gutter and paving, for several reasons, pre- sented and read. Mayor Horgan moved that the communication be received and filed. Seconded by Councilman Takos. Carried by the following vote: Yeas — Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. Petition of Delbert E. Jones et al (14 signers) objecting to the pro- posed surfacing of O'Neill Street from Burden Ave. to Sheridan Road, presented and read. Mayor Horgan moved that the petition be received and filed. Seconded by Councilman Takos. Carried by the following vote: Yeas — Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. Proof of Publication, certified to by the Publisher, of Notice of Pendency of Resolution of Neees sity for public improvement and hearing upon proposed plans, spec ifications, form of contract anc cost of improvements for the con struetion of CITY OF DUIIUQUI 1964 CONCRETE CURB & GUTTEI PROJECT NO 1, on Carter Road Extension, Farragut Street, King street, John F. Kennedy Road, O'Neill Street, Pennsylvania Ave., Sycamore Street, Shiras Ave., pre. sented and read. Mayor Horgan moved that the proof of publication be received and filed. Seconded by Councilman Kean. Carried by the following vote: Yeas — Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. Mayor Horgan moved that Shiras Avenue, John F. Kennedy Road and Pennsylvania Avenue be deleted from the City of Dubuque 1964 Con- crete Curb & Gutter Program. Sec- onded by Councilman Kean. Car- ried by the following vote: Yeas — Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. Councilman Takos moved that the rules be suspended in order to let anyone present address the Council if they so desire. Seconded by Councilman Kean. Carried by the following vote: Yeas — Mayor Horgan, Council- men Kean, Ludwig. Pfohl, Takos. Nays—None. Attorney Francis Becker ob- jected to the method of assessment used in arriving at the amount due for St. Mary's Home. Edward Deppe of 2225 Rhomberg Ave. objected to the proposed construction of curb & gutter and surfacing of Farragut Street, Delbert Jones, Clarence Koenig, Clarence Weiner and Pat Conway objected to con. structing curb & gutter on O'Neill Street. Councilman Pfohl moved that Farragut street and O'Neill Street be deleted from the 1964 Concrete Curb & Gutter program. Seconded by Councilman Kean. Car- ried by the following vote: Yeas—Mayor Horgan, Council- men Kean, Pfohl, Takos. Nays — Councilman Ludwig. Statement of City Clerk certify. ing that notices of public hearing and proposed assessments were wailed to property owners affected by the construction of City of Du. buque 1964 Concrete Curb & Gutter Project No. 1, on April 13, 1964, by certified mail, as appeared on the records of the County Auditor, Presented and read. Councilman Takos moved that the statement be received and filed. Seconded by 134 Regular Session, May 4, 1964 Mayor Horgan. Carried by the fol• iowing vote: Yeas — Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. RESOLUTION NO. 88.64 RESOLUTION AMENDING RESO- LUTION NO. 52.64 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE, IOWA: Section 1. That Resolution No. 52-64, being a Resolution of Neces- sity, for the city of Dubuque 1964 Concrete Curb and Gutter Project No. 1, be and the same is hereby amended by deleting the following portions of the follow- ing named streets: 1. John F. Kennedy Road from the south property line of Asbury Street to the north property line of Pennsylvania Avenue. 2. Shiras Avnue from old City Limits to Eagle Point Park En- trance. 3. Pennsylvania Avenue from Sec- tion Corner, Sec. 21, 22, 27 do 28, to the west property line of Key Knolls Sub, 4. O'Neill Street from east property line of Brunswick Street to the west property line of Burden Avenue. 5. Farragut Street from the alley west of Rhomberg Avenue to the alley east of Rhomberg Avenue. Passed, adopted and approved this 4th day of May, 1964. Robert J. Horgan, Mayor Richard Ludwig Peter J. Takos Eldon A. Pfohl James J. Kean Councilmen Attest: Attest: Leo F. Frommelt, City Clerk Councilman Takos moved the adoption of the resolution. Second- ed by Councilman Kean. Carried by the following vote: Yeas — Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos, Nays—None. Decision of Council upon objection to plans, specifications, form of contract and cost of improvements RESOLUTION NO. 89.64 WHEREAS, proposed plans and specifications and form of contract for the construction of CITY OF DUBUQUE 1964 CONCRETE CURB AND GUTTER PROJECT NO. 1 have been approved by the City Council of the City of Dubuque and public notice given as provided by Chapter 23 of the Code of Iowa, 1960, pertaining to public con• tracts and bonds, and the time and place fixe d for the hearing of all objections to said plans, specifica- tions or contract for or cost of such improvements, said time being this 4th day of May, 1964; and WHEREAS, the City Council met in regular session this 4th day of May, 1964, at 7:30 o'clock P.M. Central Standard Time at the Coun- cil Chambers in the City Hail for the purpose of hearing all inter- ested parties and considering any and all objections which have been filed to the proposed plans, spec- ifications or contract for or cost of the improvement herein de- scribed and proposed to be made; and WHEREAS, all interested parties have been given an opportunity to be heard and all objections which have been duly weighed and con- sidered; now, therefore BE IT RESOLVED by the City Council of the City of Dubuque, that all objections which have been made and filed to the plans, spec- ifications, contract for or cost of said improvement herein described and proposed to be made, be and the same hereby overruled and such plans, specifications and form of contract heretofore approved are hereby adopted. BE IT FURTHER RESOLVED that this resolution containing the decision of this Council upon all objections which have been filed to the plans, specifications and form of cost said improvement be made a matter of permanent record in connection with said improve- ment. Passed, adopted and approved this 4th day of May, 1964. Robert J. Horgan, Mayor Richard Ludwig Peter J. Takos Eldon A. Pfohl James J. Kean Councilmen Attest: Leo F. Frommelt, City Clerk Regular Session, Councilman Takos moved the adoption of the resolution. Second- ed by Councilman Kean. Carried by the following vote: Yeas — Mayor Horgan, council- men Kean, Ludwig, Pfohl, Takos. Nays—None. (Necessity for Improvement) RESOLUTION NO. 52-64 INTHEREAS, 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 are now on file in the office of the City Clerk showing among other things the following: I. The assessment limits of each street to be improved. 2. The streets to be improved. 3. The width of such improvement. 4. Each lot proposed to be assessed together with a valuation fixed by the council. 5. An estimate of the cost of the proposed improvement, stating the same for each different type of construction and kind of ma- terial to be used. 6. in each case the amount thereof which is estimated to be assessed against each lot, for the construc- tion of CITY OF DUBUQUE 1964 CONCRETE CURB & GUTTER PROJECT NO. 1 on the following named streets: 1. Carter Road Extension north from a point 600 feet north of Kane Street to the south proper- ty line of West 32nd Street. 2. King Street from the east prop- erty line of Fulton Street to the west property line of Broadway Street, 3. Sycamore Street from the north property line of East 16th Street to the north property line of East 14th Street. 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 welfare to make the herein mentioned im- provement, and unless property owners at the time of the final consideration of this proposed reso- lution have on file with the City Clerk objections to the amount of the proposed assessments, they shall be deemed to have waived all objections thereto. Said improvements shall be 4, 1964 135 constructed 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 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 street 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 portion of any street or assessment district shall be as- sessed to and paid by the railway company. The above resolution was intro- duced, approved and ordered plac- ed on file with the City Clerk this 6th day of April, 1964. RECORD OF FINAL ADOPTION The foregoing resolution was finally adopted, as amended, by the City Council this 4th day of May, 1964. Robert J. Horgan, Mayor Richard Ludwig Peter J. Takos Eldon A. Pfohl James J. Kean Councilmen Attest: Leo F. Frommelt, City Clerk Councilman Takos moved the final adoption of the resolution. Seconded by Councilman Kean. Carried by the following vote: Yeas — Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. (Ordering Construction) RESOLUTION NO. 90.64 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE that pursuant to a resolu- tion of necessity No. 52-64 which was duly passed by this Council, for 138 Regular Session, May 4, 196.1 the construction of CITY OF DU- BUQUE 1964 CONCRETE CURB AND GUTTER PROJECT NO. 1 on the following named streets: 1. Carter Road Extension north from a point 600 feet north of Kane street to the south property line of West 32nd Street. 2. King Street from the east prop- erty line of Fulton Street to the west property line of Broadway Street. 3. Sycamore Street from the north property line of East 16th Street to the north property line of East 14th Street. be and the same are hereby order- ed and constructed by this Council upon its own motion and with or without the petition of property owners. All the work shall be con- structed in accordance with the plans and specifications heretofore adopted and now on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the cost and expense of the said improvements be paid for by levying special assessments against the privately owned property lying within the assessable distance from the improvements, whether such property abut upon the same or are adjacent thereto, acccrding to the area there of and in proportion to the special benefits conferred, and any deficiency will be paid out of the street funds of the city. Pay- ment will be made to the contractor out of funds realized from the sale of Street Improvement bonds to be issued in anticipation of deferred payments of assessments as pro- vided by law after the work has been completed and accepted by the City Council. BE IT FURTHER RESOLVED that the City Clerk be and he is hereby ordered and directed to ad- vertise for proposals for the con- struction of the various improve- ments herein provided for in the manner provided by law, the said improvements shall be completed on or before 90 calendar days after notice to proceed is issued. BE IT FURTHER RESOLVED that this resolution being deemed urgent and of immediate necessity shall be in force and effect from and after its passage and adoption by the City Council. Passed, adopted and approved this 4th day May, 1964. Robert J. Morgan, Mayor Richard Ludwig Peter J. Takos Eldon A. Pfohl James J. Kean Councilmen Attest: Leo F. Frommelt, City Clerk Councilman Takos moved the adoption of the resolution. Second. ed by Councilman Kean. Carried by the following vote: Yeas — Mayor Horgan, Council. men Kean, Ludwig, Pfohl, Takos. Nays—None. Proof of Publication, certified to by the Publisher, of Notice of Pendency of Resolution of Neces- sity for Public Improvements and hearing upon proposed plans and specifications, form of contract and cost of improvements for the con- struction of CITY OF DUBUQUE 1964 BITUMINOUS CONCRETE PAVING PROJECT NO. 1 on the following named streets: Allison Place, Arlington, Atlantic, Booth, Burns, Chestnut, West Eleventh, Farragut, Foye, Grove Terrace, In- diana, King, O'Neill, Park, Rose, Rosedale, Rush, East. 13th, West 12th, Shiras, presented and read. Mayor Horgan moved that the proof of publication be received and filed. Seconded by Council- man Takos, Carried by the follow- ing vote: Yeas — Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. The following persons present addressed the Council: Ilerb Kief- fer objected to the surfacing of Arlington Street. Ray Ecker of 1324 Atlantic thought that Alantic Street could be fixed up. Fred Kurt and Mike Burns objected to the pro- posed surfacing of Burns Street. Abby McDonald Dancer, Ronald Welsh and Mrs. R. Welsh objected to the proposed surfacing of Chest- nut street. Miss Dorothy Mullin and Francis Nebel objected to the proposed surfacing of Rose street. Mr. R. Redmond objected to the proposed surfacing of Rosedale avenue. Mr, Chester Miller was not objecting to the surfacing of Rush Street but registered a pro- test against the amount of assess- Regular Session, May 4, 1964 137 meet. Mr. Ferring objected to the surfacing of E. 13th Street. Mr. Joe Schadl mentioned the possible storm sewer problem on W. 12th Street. Mary Ness objected to the surfacing of W. 12th Street. Dick Oberfoell objected to the surfacing of W. 11th Street. Mr. Wm. Ness objected to the surfacing of Grove Terrace and also Mr. Dale Conzett. Mr. Dale Gieseman had no objec- tion to paving Indiana Avenue but thought the sewer lines should be installed first and the excavations be given a chance to settle. Lloyd Kirkpatrick was not against the surfacing of King Street but raised the question as to the payment of retaining walls. Councilman Kean moved that Arlington Street from Highland Street to Prairie Street be deleted from the 1964 Bituminous Paving program. Seconded by Councilman Pfohl. Carried by the following vote: Yeas — Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. Councilman Takos moved that Chestnut street from Walnut to Prairie street be deleted from the 1964 Bituminous Paving Program. Seconded by Councilman Kean. Car- ried by the following vote: Yeas — Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. Councilman Takos moved that O'Neill Street from Burden Avenue to Brunswick Street be deleted from the 1964 Bituminous Paving Program. Seconded by Mayol Horgan. Carried by the following vote: Yeas — Mayor Horgan, Council men Kean, Ludwig, Pfohl, Takos Nays—None. Statement of City Clerk From melt certifying that notices of pub lic hearing and proposed assess ments were mailed by certifie( mail on April 13, 1964, to the prop erty owners affected by the con struction of City of Dubuque 196 Bituminous Concrete Paving Prc ject No. 1 as appeared on th, records of the County Auditor, prt rented and read. Mayor Horgai moved that the statement be r( ceived and filed. Seconded b Councilman Takos. Carried by th following vote: Yeas — Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. RESOLUTION NO. 9164 RESOLUTION AMENDING RESOLUTION NO. 5664 BE IT RESOLVED BY THE CITY )F THE CITY OF DUBUQUE, OWA: Section 1. That Resolution No. 664, being a Resolution of Neces- ;ity, for the construction of CITY )F DUBUQUE. 1964 BITUMINOUS 'ONCRETE PAVING PROJECT VO. 1, be and the same is hereby amended by deleting the following portions of the following named streets: 1. Shiras Avenue from Old City Limits to Eagle Point Park En- trance. 2. Farragut Street from the alley west of Rhomberg Avenue to the alley east of Rhomberg Avenue. 3, Arlington Street from Prairie street to west property line of Highland street. 4. Chestnut street from east prop- erty line of Walnut street to east property line of Prairie street. 5. O'Neill street from east property line of Burden to east property line of Brunswick Street. Passed, adopted and approved this 4th day of May, 1964. Robert J. Horgan, Mayor Richard Ludwig Peter J. Takos Eldon A. Pfohl James J. Kean Councilmen Attest: Leo F. Frommelt, City Clerk Mayor Horgan moved the adop- tion of the resolution. Seconded by Councilman Takos. Carried by the following vote: Yeas — Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. Decision Of Council Upon Object. ions To Plans, Specifications, Form Of Contract And Cost Of Improvements RESOLUTION NO. 92.64 WHEREAS, proposed plans and specifications and f o r m o f contract for the construction of CITY OF DUBUQUE 1964 BITUM- INOUS CONCRETE PAVING PRO- JECT NO. 1 have been approved by 138 Regular Session, May 4, 1964 Yeas — Mayor Horgan, Council. the City Council of the City of Dubuque and public notice given men Kean. Ludwig, Pfohl. Takos. by Chapter 23 of the Code of Iowa, Nays—None. 1962, pertaining to public contracts (Necessity for Improvement) and bonds, and the time and place RESOLUTION NO. 56.64 fixed for the hearing of all objec- WHEREAS, proposed plans, spec. tions to said plans, specifications ifications, form of contract, plat or contract for or cost of such and schedule have been duly pre• Improvements, said time being this pared and approved by the City 4th day of May, 1964; and Council of the City of Dubuque and WHEREAS, the City Council met are now on file in the office of in regular session this 4th day of the City Clerk showing among May, 1964, at 7:30 o'clock P.M. other things the following: Central Standard Time at the Coun• 1. The Assessment Limits of each cil Chambers in 'he City Ball for street to be improved. the purpose of hearing all inter- 2. The streets to be improved. ested parties and considering any 3. The width of such improvement. and all objections which have been 4. Each lot proposed to be assessed filed to the proposed plans, spec- together with a valuation fixed ifications or contract for or cost of by the council. the improvement herein described 5. An estimate of the cost of the and proposed to be made; and proposed improvement, stating WHEREAS, all interested parties the same for each different type have been given an opportunity to of construction and kind of ma - be heard and all objections which terial to be used. have been duly weighed and con- 6. In each case the amount thereof sidered; now, therefore which is estimated to be assessed BE IT RESOLVED by the City against each lot, for the construc- of City of Dubuque 1964 Bi - Council of the City of Dubuque, tumtion o Concrete Paving Pro - that all objections which have been jest No. . 1 on the following nam made and filed to the plans, spec- ed streets. ifications, contract for or cost of Allison Place from the south 1 A l said Improvement herein described . property line of Delhi Street to and proposed to be made, be and the west property line of College the same hereby overruled and Avenue. such plans, spcifications and form 2. Arlington Street from the west I of contract heretofore approved are property line of Grove Terrace hereby adopted. to the west property line of BE IT FURTHER RESOLVED Highland Place. that this resolution containing the 3. Atlantic Street from the north decision of this Council upon all property line of University Av- objections which have been filed enue to the south property line to the plans, specifications and of Loras Boulevard. i form of cost said improvement be 4. Booth Street from the north made a matter of permanent record property line of Dodge Street to In connection with said improve. the south property line of Uni- ment. Passed, adopted and approved versity Avenue. 5. Burns Street from the north this 4th day of May, 1964. property line of Cleveland Av- Robert J. Horgan, enue to the end of existing curb Mayor and gutter, 40' north of the north Richard Ludwig property line of Hancock Street. Peter J. Takos 6. Chestnut Street from the west Eldon A. Pfuhl property line of Highland Place James J. Kean, to the east property line of Councilmen Attest: Prairie Street. Leo lt, 7. West Eleventh Street from the lerk Clerk east property line of Grove Ter- race to the west property line of race to Councilman Takos moved the adoption of the resolution. Lot 13 of Caines Subdivision. Second- ed by Councilman Kean. 8. Foye Street from the north prop - Carried by the following vote: erty line of Clarke Drive of Low - ell Street. Jw_ Regular Session, May 4, 1964 139 9. Grove Terrace from the north property line of Arlington Street to the north property line of Wilbur Street. 10.Indiana Avenue from the east property line of Born Avenue to the west property line of Mis. souri Avenue. 11, King Street from the east prop- erty line of Fulton St. to the west property line of Broadway Street. 12.0'Neill Street from the east property line of Burden Avenue to the west property line of Sheridan Street. 13. Park Street from the east prop- erty line of Mt. Pleasant Street to the east property line of Lot 50 of Voelker Highlands. 14. Rose Street from the east prop- erty line of Alta Vista Street to the west property line of Wal- nut Street. 15. Rosedale Avenue from the west property line of Avoca Street to the east property line of Asbury Street. 16. Rush Street from the east prop- erty line of Bryant Street to the west property line of Villa Street. 17. East Thirteenth Street from the east property line of Washington Street to the west property line of the East 35 feet of Lot 206 of East Dubuque Add. 18. West Twelfth Street from the west property line of Bluff Street to the east property line of Grove Terrace. BE IT THEREFORE RESOLVED that the City Council on its own motion or upon petition of property owners, deems it advisable and necessary for the public to make the herein mentioned improve- ment, and unless property owners at the time of the final considera- tion of this proposed resolution have on file with the City Clerk objections to the amount of the proposed assessment, they shall be deemed to have waived all objec. tions 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 anc expense of making said improve went will be assessed upon an( against all privately owned proper. ty lying within assessable distance provided by law and in an amount not to exceed the amount provided by law, property will be assessed whether the same abuts thereon or is adjacent thereto according to area and in proportion to the spec- ial benefits conferred thereby, and any deficiency shall be paid out of the street funds, Street Improve- ment Bonds shall be issued and sold in anticipation of deferred payments of assessments when a contract has been performed and accepted and the proceeds theerof 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- pany. The above resolution was intro- duced, approved and ordered plac- ed on file with the City Clerk this 6th day of April, 1964. RECORD OF FINAL ADOPTION The foregoing resolution was finally passed and adopted, as amended, by the City Council this 4th day of May, 1964. Robert J. Horgan, Mayor Richard Ludwig Peter J. Takos Eldon A. Pfohl James J. Kean Councilmen Attest: Leo F. Frommelt, City Clerk Councilman Takos moved the final adoption of the resolution. Seconded by Councilman Kean. Carried by the following vote: Yeas — Mayor Horgan, Council- inen Kean, Ludwig, Pfohl, Takos. Nays—None. (Ordering Construction) RESOLUTION NO. 93.64 BE IT RESOLVED BY THE CITY COUNCIL OF DUBUQUE that pur. suant to a resolution of necessity No. 56-64 which was duly passed by this Council, for the construc- tion of CITY OF DUBUQUE 1964 BITUMINOUS CONCRETE PAV, ING PROJECT NO. 1 on the following named streets: 1. Allison Place from the south property line of Delhi Street to the west property line of College Avenue. 2. Arlington Street from the west 138 Regular Session, May 4, 1964 the City Council of the City o Dubuque and public notice gives by Chapter 23 of the Code of Iowa 1962, pertaining to public contract and bonds, and the time and place fixed for the hearing of all objec tions to said plans, specification or contract for or cost of suet improvements, said time being thi: 4th day of May, 1964; and WHEREAS, the City Council mei in regular session this 4th day of May, 1964, at 7:30 o'clock P.M Central Standard Time at the Coun eil Chambers in the City Hall for the purpose of hearing all inter- ested parties and considering any and all objections which have been filed to the proposed plans, spec- ifications or contract for or cost of the improvement herein described and proposed to be made; and WHEREAS, all interested parties have been given an opportunity to be heard and all objections which have been duly weighed and con. side -ed; now, therefore BE IT RESOLVED by the City Council of the City of Dubuque, that all objections which have been made and filed to the plans, spec. ifications, contract for or cost of said improvement herein described and proposed to be made, be and the same hereby overruled and such plans, speifications and form of contract heretofore approved are hereby adopted. BE IT FURTHER RESOLVED that this resolution containing the decision of this Council upon all objections which have been filed to the plans, specifications and form of cost said improvement be made a matter of permanent record In connection with said improve- ment. Passed, adopted and approved this 4th day of May, 1964. Robert J. Horgan, Mayor Richard Ludwig Peter J. Takos Eldon A. Pfohl James J. Kean, Attest: Councilmen Leo F. Frommelt, City Clerk Councilman Takos moved the adoption of the resolution. Second- ed by Councilman Kean. Carried by the following vote: Yeas — Mayor Horgan, Council men Kean, Ludwig, Pfohl, Takos. Nays—None. (Necessity for Improvement) RESOLUTION NO. 56.64 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 things the following: 1. The Assessment Limits of each street to be improved. 2. The streets to be improved. 3. The width of such improvement. 4. Each lot proposed to be assessed together with a valuation fixed by the council. 5. An estimate of the cost of the proposed improvement, stating the same for each different type of construction and kind of ma- terial to be used. 6. In each case the amount thereof which is estimated to be assessed against each lot, for the construc- tion of City of Dubuque 1964 Bi- tuminous Concrete Paving Pro- ject No. 1 on the following nam- ed streets. I. Allison Place from the south property line of Delhi Street to the west property line of College Avenue. 2. Arlington Street from the west property line of Grove Terrace to the west property line of Highland Place, 3. Atlantic Street from the north property line of University Av- enue to the south property line of Loras Boulevard. 4. Booth Street from the north property line of Dodge Street to the south property line of Uni- versity Avenue. 5. Burns Street from the north property line of Cleveland Av- enue to the end of existing curb and gutter, 40' north of the north property line of Hancock Street. B. Chestnut Street from the west property line of Highland Place to the east property line of Prairie Street. 1. West Eleventh Street from the vast property line of Grove Ter- race to the west property line of Lot 13 of Caines Subdivision. 1. Foye Street from the north prop- erty line of Clarke Drive of Low. ell Street. Regular Session, May 4, 1964 139 k Grove Terrace from the north property line of Arlington Street to the north property line of Wilbur Street. 10.1ndiana Avenue from the east property line of Born Avenue to the west property line of Mis. souri Avenue. 11. King Street from the cast prop- erty line of Fulton St. to the west property line of Broadway Street. 12.0'Neill Street from the east property line of Burden Avenue to the west property line of Sheridan Street. 13. Park Street from the east prop- erly line of Mt. Pleasant Street to the east property line of Lot 50 of Voelker Highlands. 14. Rose Street from the east prop- erty line of Alta Vista Street to the west property line of Wal- nut Street. 15. Rosedale Avenue from the west property line of Avoca Street to the east property line of Asbury Street. 16. Rush Street from the east prop- erty line of Bryant Street to the west property line of Villa Street. 17. East Thirteenth Street from the east property line of Washington Street to the west property line of the East 35 feet of Lot 206 of East Dubuque Add. 18. West Twelfth Street from the west property line of Bluff Street to the east property line of Grove Terrace. BE IT THEREFORE RESOLVED that the City Council on its own motion or upon petition of property owners, deems it advisable and necessary for the public to make the herein mentioned improve- ment, and unless property owners at the time of the final considera- tion of this proposed resolution have on file with the City Clerk objections to the amount of the proposed assessment, they shall be deemed to have waived all objec- tions 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 an expense of making said improve- ment will be assessed upon an against all privately owned proper- ty lying within assessable distance provided by law and in an amount not to exceed the amount provided by law, property will be assessed whether the same abuts thereon or is adjacent thereto according to area and in proportion to the spec- ial benefits conferred thereby, and any deficiency shall be paid out of the street funds, Street Improve- ment Bonds shall be issued and sold in anticipation of deferred payments of assessments when a contract has been performed and accepted and the proceeds theerof 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- pany. The above resolution was intro- duced, approved and ordered plac- ed on file with the City Clerk this 6th day of April, 1964. RECORD OF FINAL ADOPTION The foregoing resolution was finally passed and adopted, as amended, by the City Council this 4th day of May, 1964. Robert J. Horgan, Mayor Richard Ludwig Peter J. Takos Eldon A. Pfohl James J. Kean Councilmen Attest: Leo F. Frommelt, City Clerk Councilman Takos moved the final adoption of the resolution. Seconded by Councilman Kean. Carried by the following vote: Yeas — Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. (Ordering Construction) RESOLUTION NO. 9364 BE IT RESOLVED BY THE CITY COUNCIL OF DUBUQUE that pur. suant to a resolution of necessity No. 56.64 which was duly passed by this Council, for the construc- tion of CITY OF DUBUQUE 1964 BITUMINOUS CONCRETE PAV, ING PROJECT' NO. 1 on the fullowing named streets: 1. Allison Place from the south property line of Delhi Street to d the west property line of College Avenue. d 2. Arlington Street from the west 140 Regular Session, May 4, 1984 property line of Grove Terrace to the west property line of Highland Place. 3. Atlantic Street from the north property line of University Av enue to the south property line of Loras Boulevard. 4. Booth Street from the north property line of Dodge Street to the south property line of Uni- versity Avenue. 5. Burns Street from the north property line of Cleveland Av- enue to the end of existing curb and gutter, 40' north of the north property line of Hancock Street. 6. Chestnut Street from the west. property line of Highland Place to the east property line of Prairie Street. 7. West Eleventh Street from the east. property line of Grove Ter- race to the west property line of Lot 13 of Caines Subdivision. 8. Foye Street from the north prop- erty line of Clarke Drive of Low- ell Street. 9. Grove Terrace from the north property line of Arlington Street to the north property line of Wilbur Street. 10.Indiana Avenue from the east property line of Born Avenue to the west property line of Mis- souri Avenue. 11. King Street from the east prop- erty line of Fulton St. to the west property line of Broadway Street. 12. O'Neill Street from the east property line of Burden Avenue to the west property line of Sheridan Street. 13. Park Street from the east prop. erty line of Mt. Pleasant Street to the east property line of Lot 50 of Voelker highlands. 14. Rose Street from the east prop- erty line of Alta Vista Street to the west property line of Wal- nut Street. 15. Rosedale Avenue from the west property line of Avoca Street to the east property line of Asbury Street. 16. Rush Street from the east prop. erty line of Bryant Street to the west property line of Villa Street. 17. East Thirteenth Street from the east property line of Washington Street to the west properly line Of the East 35 feet of Lot 206 1 Of East Dubuque Add. 18. West Twelfth Street from the west property line of Bluff Street to the east property line of Grove Terrace. be and the same are hereby order- ed and constructed by this Council as amended upon its own motion and with or without the petition of property owners. All the work shall be constructed in accordance with the plans and specifications here- tofore adopted and now on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the cost and expense of the s:lid improvements be paid for by levying special assessments against the privately owned property ly- ing within the assessable distance from the improvements, whether such property abut upon the same or are adjacent thereto, according to the area thereof and in propor. tion to the special benefits con. ferred, and any deficiency will be paid out of the street funds of the city. Payment will be made to the contractor out of funds realized from the sale of Street Improve- ment bonds to be issued in anticipa- tion of deferred payments of assess. ments as provided by law after the work has been completed and ac. cepted by the City Council. BE IT FURTHER RESOLVED that the City Clerk be and he is hereby ordered and directed to advertise for proposals for the con. struction of the various improve- ments herein provided for in the manner provided by law, the said improvements shall be completed on or before 90 calendar days after notice to proceed is issued. BE IT FURTHER RESOLVED that this resolution being deemed urgent and of immediate necessity shall be in force and effect from and after its passage and adoption by the City Council. Passed, adopted and approved this 4th day of May, 1964. Robert J. Horgan, Mayor Richard Ludwig Peter J. Takos Eldon A. Pfohl James J. Kean Councilmen Attest: Leo F. Frommelt, City Clerk Councilman Kean moved the adoption of the resolution. Second- Regular Session, May 4, 1964 141 ed by Councilman Ludwig. Carried by the following vote: Yeas — Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. RESOLUTION NO. 94-64 Resolution requiring abutting property owners to make sewer and water and gas connections. WHEREAS, the City Council has heretofore adopted Resolution No. 56-64, being the Resolution of Necessity for permanently improv- ing CITY OF DUBUQUE 1964 BI- TUMINOUS CONCRETE PAVING PROJECT NO. 1. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the owners of all property abutting on said improve- ment are hereby required to make connections from the sewer, water and gas mains to the curb line of said property prior to June 15, 1964. Section 2. That the City Clerk is hereby authorized and directed to serve a written notice on such abutting property owners in accord- ance wih Ordinance No. 128, order- ing compliance with this Resolu- tion; Section 3. That in the event any such property owner shall fail or refuse to make such connection within the time set out in this Reso- lution, then the Ciy Manager shall proceed to have said connection made upon a contract made and entered into for that purpose and upon completion, report said fact together with the cost thereof to the City Council, whereupon the cost of such connection shall be assessed against such abutting property. Adopted this 4th day of May, 1964. Robert J. Horgan, Mayor Richard Ludwig Peter J. Takos Eldon A. Pfohl James J. Kean Councilmen Attest: Leo F. Frommelt, City Clerk Councilman Kean moved the ad- option of the resolution. Seconded by Councilman Pfohl. Carried b the following vote: Yeas — Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. Proof of Publication, certified to by the Publisher, of Notice of Pendency of Resolution of Neces- sity and hearing upon plans, and specifications, form of contract and cost of improvements for the con- struction of CITY OF DUBUQUE 1964 HOT MIX -HOT LAID AS- PHALTIC CONCRETE PAVING PROJECT NO. 1, presented and read. Councilman Kean moved that the proof of publication be received and filed. Seconded by Councilman Pfohl. Carried by the following vote: Yeas — Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. Attorney Francis Becker address- ed the Council by stating that the property of St. Mary's Home is being assessed contrary to law, $1900. above maximum allowed to assess combined total over $9000. Mr. George Blasi of 1083 W. 3rd Street deliberated at length as to what is best for the area. Mr. W. J. Blaser objected to the proposed paving of W. 3rd Street. Statement of City Clerk From. melt certifying that notices of pub- lic hearing and proposed assess- ments were mailed by certified mail on April 14, 1964, to property owners subject to assessment as the result of improving various streets being the City of Dubuque 1964 Hot Mix -Hot Laid Asphaltic Concrete Paving Project No. 1, as appear on the records of the Coun- ty Auditor, presented and read. Councilman Kean moved that the proof of publication be received and filed. Seconded by Councilman Takos. Carried by the following vote: Yeas — Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. RESOLUTION NO. 9564 Resolution Amending Resolution No. 6064. BE IT RESOLVED by the City Council of the City of Dubuque, Iowa: Section 1. That Resolution No. 60-64, being a Resolution of Neces- sity, for the City of Dubuque 1964 y Hot Mix -Hot Laid Asphaltic Con- crete Paving Project No. 1, be and Regular Session, Miry 4, 1964 ----_---- 142 is hereby amended by scribed and proposed to be made; the same following Portions of and deleting the following named streets; WHEREAS, all interested parties to the Road from have been given an opportunity i. John F. Kennedy line of Asbury be heard and all objections which the south property line have been duly weighed and con - street to the north property sidered: now. therefore of Pennsylvania Avenue. BE IT RESOLVED by the City 2. Pennsylvania Avenue from Council of the City of Dubuque, Section corner, Sec. 21, 22. 27 & that all objections which have been 28 to the west property line of made and filed to the plans, speci- Ke,- Knolls Subdivision, fications, contract for or cost of Passed, adopted and approved said improvement herein described this 4th day of May 1964, and proposed to be made, be and Robert J. Horgan the same hereby overruled and Mayor such plans, specifications and form Richard Ludwig of contract heretofore approved Peter J. Takos are hereby adopted. Eldon A. Pfohl BE IT FURTHER RESOLVED James J. Kean that this resolution containing the Councilmen decision of this Council upon all Attest: objections which have been filed Leo F. Frommelt to the specifications and form of City Clerk cost said improvement be made a Councilman Kean moved the matter of permanent record in con - adoption of the resolution. Second- nection with said improvement. ed by Councilman Ludwig. Carried Passed, adopted and approved by the following vote: this 4th day of May, 1964. Yeas — Mayot Horgan, Council- Robert J. Horgan men Kean, Ludwig, Pfohl, Takos. Mayor Nays --'gone. Richard Ludwig Decision of Council upon objet- Peter J. Takos tions to plans, specifications, Eldon A. Pfohl form of contract and cost of im- James J. Kean provements. Councilmen RESOLUTION NO. 96.64 Attest: WHEREAS, proposed plans and Leo F. Frommelt City Clerk specifications and form of contract Councilman Kean moved the for the construction of City of adoption of the resolution. Second. Dubuque 1964 Hot Mix -Hot Laid ed by Councilman Takos. Carried Asphaltic Concrete Paving Project by the following vote: No. 1 have been approved by the Yeas — Mayor Horgan, Council- City Council of the City of Du- men Kean, Ludwig, Pfohl, Takos, buque and public notice given as Nays—None. provided by Chapter 23 of the Code of Iowa, 1962, pertaining to public (Necessity for Improvement) contracts and bonds, and the time RESOLUTION NO. 60.64 and place fixed for the hearing WHEREAS, proposed plans, of all objections to said plans, spec- specifications, form of contract, ifications or contract for or cost plat and schedule have been duly of such improvements, said time prepared and approved by the City being this 4th day of May, 1964; Council of the City of Dubuque and and are now on file in the office WHEREAS, the City Council met of the City Clerk showing among in regular session this 4th day of other things the following: May, 1964, at 7:30 o'clock P.M. 1. Assessment limits of each Central Standard Time at the street to be improved. Council Chambers in the City Hall 2. The streets to be improved. for the purpose of hearing all in- 3. The width of such improve- terested parties and considering ment. any and all objections which have 4. Each lot proposed to be as - been filed to the proposed plans, sessed together with a valuation specifications or contract for or fixed by the council. cost of the improvement herein de- 5. An estimate of the cost of the IRegular Session, May 4, 1964 W proposed improvement, stating the same for each different type of construction and kind of material to be used. 6. In each case the amount there- of which is estimated to be as- sessed against each lot, for the construction of City of Dubuque 1964 Hot Mix -Hot Laid Asphaltic Concrete Paving Project No. 1 on the following named streets: 1. Carter Road Extension north from a point 600 feet north from a point 600 feet north of Kane Street to the south prop- erty line of West 32nd Street. 2. Clarke Drive from the north property line of West Locust Street to the east property line of North Main Street. 3. Sycamore Street from the North property line of East 16th Street to the north property line of East 14th Street. 4. West Third Street from the east property line of Hill Street to the east property line of North Grandview Avenue. 5. University Avenue from the west property line of Mt. Pleas- ant Street to a point 93 feet west of the east property line f Lot 1 of the sub. of Lot I of Tschirgi & Schwinds Subd. 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 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 arca and in proportion to the special benefits conferred thereby, and any deficiency shall be paid out of street fund. Street Improvement 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. The above resolution was intro- duced, approved and ordered placed on file with the City Clerk this 6th day of April. 1964. RECORD OF FINAL ADOPTION The foregoing resolution was finally passed and adopted, as amended, by the City Council this 4th day of May 1964. Robert J. morgan Mayor Richard Ludwig Peter J. Takos Eldon A. Pfohl ,Tames J. Kean Councilmen Attest: Leo F. Frommelt City Clerk Councilman Kean moved final adoption of the resolution. Second- ed by Councilman Takos. Carried by the following vote: Yeas—Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. (Ordering Construction) RESOLUTION NO. 97.64 BE IT RESOLVED by the City Council of the City of Dubuque that pursuant to a resolution of necessity No. 60-64 which was duly passed by this Council, for the construction of City of Dubuque 1964 Hot Mix-Ilot Laid Asphaltic Concrete Paving Project No. 1 on the following named streets: 1. Carter Road Extension north from a point 600 feet north of Kane Street to the south prop- erty line of 'Vest 32nd Street. 2. Clarke Drive from the north property line of West Locust Street to the east property line of North Main Street. 3. Sycamore Street from the North property line of East 16th Street to the north property line of East 14th Street. 11.1 Regular Session, May 4, 1964 4, West Third Street from the east property line of Hill Street to the east property line of North Grandview Avenue. 5, University Avenue from the west property line of Mt. Pleas- ant Street to a point 93 feet west of the east property line of Lot 1 of the sub. of Lot 1 of Tschirgi & Schwinds Sub. Be and the same are hereby or. dered and constructed by this Council upon its own motion and with or without the petition of property owners. All the work shall be constructed in accordance with the plans and specifications heretofore adopted and now on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the cost and expense of the said improvements be paid for by levying special assessments against the privately owned property lying within the assessable distance from the improvements, whether such property abut upon the same or are adjacent thereto, according to the area thereof and in proportion to the special benefits conferred, and any deficiency will be paid out of the Street funds of the city. Pay ment will be made to the contrac- tor out of funds realized from the sale of Street Improvement Bonds to be issued in anticipation of de- ferred payments of assessments as provided by law after the work has been completed and accepted by the City Council. BE IT FURTHER RESOLVED that the City Clerk be and he is hereby ordered and directed to advertise for proposals for the con. struction of the various improve- ments herein provided for in the manner provided by law, the said improvements shall be completed n or before the 90 calendar days after notice to proceed is issued. BE IT FURTHER RESOLVED that this resolution being deemed urgent and of immediate necessity shall be in force and effect from and after its passage and adoption by the City Council. Passed, adopted and approved this 4th day May, 1964. Robert J. Horgan Mayor Richard Ludwig Peter J. Takos Eldon A. Pfohl James J. Kean Counciluten Attest: Leo F. Frommelt City Clerk Councilman Kean moved the adoption of the resolution. Second. ed by Councilman Takos. Carried by the following vote: Yeas — Mayor Horgan, Council. men Kean, Ludwig, Pfohl, Takos. Nays—None. RESOLUTION NO. 98-64 Resolution requiring abutting property owners to make sewer and water and gas connections. WHEREAS. the City Council has heretofore adopted Resolution No. 60-64. being the Resolution of Ne• cessity for permanently improving City of Dubuque 1964 Hot Mix -Hot Laid Asphaltic Concrete Paving No. 1. Now, therefore, be it resolved by the City Council of the City of Dubuque, Iowa: Section I. That the owners of all property abutting on said im. provement are hereby required to make connections from the sewer, water and gas mains to the curb line: of said property prior to June 15, 1964. Section 2. That the City Clerk is hereby authorized and directed to serve a written notice on such abutting property owners in ac- cordance with Ordinance No. 128, ordering compliance with this Res- olution: Section 3. That in the event any such property owner shall fail or refuse to make such connection within the time set out in this Resolution, then the City Manager shall proceed to have said con- nection made upon a contract made and entered into for that purpose and upon completion, re- port said fact together with the cost thereof to the City Council, whereupon the cost of such con- nection shall be assessed against such abutting property. Adopted this 4th day of May, 1964. Robert J. Horgan Mayor Richard Ludwig Peter J. Takos Eldon A. Pfohl James J. Kean Councilmen Attest: Leo F. Frommelt City Clerk Regular Session, May 4, 1964 145 Councilman Kean moved the adoption of the resolution. Second- ed by Councilman Pfohl. Carried by the following vote: Yeas — Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. Proof of Publication, certified to by the Publisher, of Notice of Pen- dency of Resolution of Necessity for public improvements and hear- ing upon proposed plans and spec- ifications, form of contract and cost of improvements for the con. struction of City of Dubuque 1964 Concrete Paving with Integral Curb Project No. 1 on Kerper Blvd., Terminal Street and Char- ter Street, presented and read. Councilman Kean moved that the proof ofpublication be received and filed. Seconded by Councilman Takes. Carried by the following vote: Yeas — Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. Mr, Bell, a representative of Sin. clair Refining Co. stated that he would have much more preferred an asphalt paving on Terminal Street. Statement of City Clerk From - melt certifying that notices of pub- lic hearing and proposed assess- ments were mailed by certified mail to property owners on April 13, 1964 subject to assessment ac- cording to the records of the Coun- ty Auditor for the construction of City of Dubuque 1964 Concrete Paving with Integral Curb Project No. 1, presented and read. Mayor Horgan moved that the statement be received and filed. Seconded by Councilman Takos. Carried by the following vote: Yeas — Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. Decision of Council upon objec- tions to plans, specifications, form of contract and cost of im- provements. RESOLUTION NO. 99-64 WHEREAS, proposed plans and specifications and form of contract for the construction of City o Dubuque 1964 Concrete Paving with Integral Curb Project No. have been approved by the Cit Council of the City of Dubuque an public notice given as provided b Chapter 23 of the Code of Iowa 1962, pertaining to public contracts and bonds, and the time and place fixed for the hearing of all objec- tions to said plans, specifications or contract for or cost of such im- provements, said time being this 4th day of May, 1964; and WHEREAS, the City Council met in regular session this 4th day of May, 1964, at 7:30 o'clock P.M. Cen- tral Standard Time at the Council chambers in the City Hall for the purpose of hearing all interested parties and considering any and all objections which have been filed to the proposed plans, specifica- tions or contract for or cost of the improvement herein described and proposed to be made; and WHEREAS, all interested parties have been given an opportunity to be heard and all objections which have been duly weighed and con- sidered; now, therefore BE IT RESOLVED by the City Council of the City of Dubuque, that all objections which have been made and filed to the plana, speci- fications, contract for or cost of said improvement herein described and proposed to be made, be and the same hereby overruled and such plans, specifications and form of contract heretofore approved are hereby adopted. BE IT FURTHER RESOLVED that this resolution containing the decision of this Council upon all objections which have been filed to the plans, specifications and form of cost said improvement be made a matter of permanent rec- ord in connection with said im- provement. Passed, adopted and approved this 4th day of May, 1964. Robert J. Horgan Mayor Richard Ludwig Peter J. Takes Eldon A. Pfohl James J. Kean Councilmen Attest: Leo F. Frommelt City Clerk Of Councilman Kean moved the adoption of the resolution. Second - 1 ed by Councilman Ludwig. Carried City by the following vote: d Yeas .—Mayor Horgan, Council y men Kean, Ludwig, Pfohl, Takos. Nays—None. 146 Regular Session, May 4, 1964 (Necessity for Improvement) RESOLUTION NO. 64-64 wHEREAS, proposed plans, spec. ifications, form of contract, plat and schedule have been duly pre- pared and approved by the City (`auncil of the City of Dubuque and are now on file in the office of the City Clerk showing among other things the following: 1. Assessment Limits of each street to be improved. 2. The streets to be improved. 3. The width of such improve- ment. 4. Each lot proposed to be as- sessed together with a valuation fixed by the council. 5. An estimate of the cost of the proposed improvement, stating the same for each different type of construction and kind of material to be used. 6. In each case the amount there- of which is estimated to be as- sessed against each lot, for the construction of City of Dubuque 1964 Concrete Paving with In- tegral Curb Project No. 1 on the following named streets: 1. Kerper Boulevard from the south property line of 16th Street to the south property line of 12th street. 2. Terminal Street from the north property line of First Street to the north property line of Camp Street. 3. Charter Street from the west property line of Main Street to the east property line of Salina Street. 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- ware to make the herein mentioned improvement, and unless property owners at the time of the final con- sideration of this proposed resolu- tion 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 by the City Council and are now on file with the City Clerk. That the cost and !xpense of making said improve- nent will be assessed upon and against all privately owned prop- �rty lying within assessable dis- tance provided by law and in an tmount not to exceed the amount provided by law, property will be assessed whether the same abuts thereon or is adjacent thereto ae- ^ording to area and in proportion to the special benefits conferred thereby, and any deficiency shall be paid out of the street funds. Street Improvement bonds shall be issued and sold in anticipation of deferred payments of assessments when a contract has been per- formed and accepted and the pro- ceeds thereof used to pay the contractor. The railway portion of any street or assessment district shall be assessed to and paid by the railway company. The above resolution was intro- duced, approved and ordered placed on file with the City Clerk this Lith day of April, 1964. RECORD OF FINAL ADOPTION The foregoing resolution was fi- nally passed and adopted, as pro- posed, by the City Council this 4th day of May 1964. Robert J. Horgan Mayor Richard Ludwig Peter J. Takos Eldon A. Pfohl .Tames J. Kean Councilmen Attest: Leo F. Frommelt City Clerk Councilman Kean moved the final adoption of the resolution. Seconded by Councilman Takos. Carried by the following vote: Yeas — Mayor Horgan, Council. men Kean, Ludwig, Pfohl, Takos. Nays—None. (Ordering Construction) RESOLUTION NO. 100-64 BE 1T RESOLVED by the City Council of the City of Dubuque that pursuant to a resolution of necessity No. 64-64 which was duly passed by this Council, for the construction of City of Dubuque 1964 Concrete Paving with Integral Curb Project No. 1 on the follow- ing named streets: 1. Kerper Boulevard from the south property line of 16th Street to the south property line of 12th Street. Regular Session, May 4, 1984 147 2. Terminal Street from the north property line of First Street to the north property line of Camp street. 3. Charter Street eof from the e st property Main Street the east property line of Salina Street. Be and the same are hereby or- dered and constructed by this Council upon its own motion and with or without the petition of property owners. All the work shall be constructed in accordance with the plans and specifications hereto- fore adopted and now on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the cost and expense of the said improvements be paid for by levying special assessments against the privately owned property lying within the assessable distance from the improvements, whether such property abut upon the same or are adjacent thereto, according to the area thereof and in proportion to the special benefits conferred, and any deficiency will be paid out of the street funds of the city. Pay- ment will be made to the contrac- tor out of funds realized from the sale of Street Improvement Bonds to be issued in anticipation of de- ferred payments of assessments as provided by law after the work has been completed and accepted by the City Council. BE IT FURTHER RESOLVED that the City Clerk be and he is hereby ordered and directed to ad- vertise for proposals for the con- struction of the various improve- ments herein provided for in the manner provided by law, the said improvements shall be completed on or before 90 calendar days after notice to proceed is issued. BE IT FURTHER RESOLVED that this resolution being deemed urgent and of immediate necessity shall be in force and effect from and after its passage and adoption by the City Council. Passed, adopted and approved this 4th day of May, 1964. Robert J. Horgan Mayor Richard Ludwig Peter J. Takos Eldon A. Pfohl James J. Kean Councilmen Attest: Leo F. Frommelt City Clerk Councilman Takos moved the adoption of the resolution. Second- ed by Councilman Pfohl. Carried by the following vole: Yeas — Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. RESOLUTION NO. 101.64 Resolution requiring abutting property owners to make sewer and water and gas connections. WHEREAS, the City Council has heretofore adopted Resolution No. 64-64, being the Resolution of Ne- cessity for permanently improving City of Dubuque 1964 Concrete Paving with Integral Curb Project No. 1. NOW, THEREFORE, Be It Re. solved by the City Council of the City of Dubuque, Iowa: Smetion 1. That the owners of all property abutting on said improve- ment are hereby required to make connections from the sewer, water and gas mains to the curb line of said property prior to June 15, 1964. Section 2. That the City Clerk is hereby authorized and directed to serve a written notice on such abutting property owners in ac- cordance with Ordinance No. 128, ordering compliance with this Res- olution; Section 3. That in the event any such property owner shall fail or refuse to make such connection within the time set out in this Res- olution, then the City Manager shall proceed to have said connec- tion made upon a contract made and entered into for that purpose and upon completion, report said fact together with the cost thereof to the City Council, whereupon the cost of such connection shall be assessed against such abutting property. Adopted this 4th day of May, 1964. Robert J. Horgan Mayor Richard Ludwig Peter J. Takos Eldon A. Pfohl James J.Kun Councilmen Attest: Leo F. Frommelt City Clerk 148 Regular Session, May 4, 1964 Councilman Takos moved the adoption of the resolution. Second- ed by Councilman Kean. Carried by the following vote: Yeas — Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. Council recessed at 11:15 P.M. Reconvened at 11:25 P.M. May 1, 1964 To the Honorable Mayor and City Council Gentlemen: This is to advise that I have ap- proved the following bonds and policies and desire to have your approval on same, subject to the approval of the City Solicitor: EXCAVATION Fondell & Sons, Inc., Policy No. CGA 301790, U.S. Fidelity & Guaranty Co. Clemens -Smith Construction, Inc., Policy No. CL 873045, Bitumi- nous Casualty Corp. Edward D. Tschiggfrie, Jr. and Joan Tschiggfrie, Policy No, CL 873118, Bituminous Casualty Corp. Dubuque Plumbing & Heating Co., Policy No. MP 501.623, Bitumi- nous Casualty Corp. Heitzman Construction Co., Policy No. LAZ 5564, The Fidelity & Casualty Co. SIDEWALK Leonard Timmerman, d/b/a Tim- merman Construction Co., The Travelers Indemnity Co. Hillerest Builders, Inc., U.S. Fidel- ity & Guaranty Co. Edwards Construction Co., Mer- chants Mutual Bonding Co. Respectfully submitted, Gilbert D. Chavenelle, City Manager Councilman Takos moved that filing of the bonds and policies be approved subject to the approval Of the City Solicitor. Seconded by Councilman Kean. Carried by the following vote: Yeas — Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. Honorable Mayor and May 1. 1964 Of the City Council: Gentlemen: In accordance with the provi- sions of the 1962 Code of Iowa, the Civil Service Commission conduct- ed an entrance examination on April 14, 1964, for those seeking positions on the Police Depart- ment. The following named persons passed both the written and physi. cal examinations and their names are livreby certified for appoint. ment to the Police Department. Gerald L. Hirsch ..................76.67° James P. Massey ..................72.50% Respectfully submitted, A. G. Wright Chairman Gerard B. Noonan Louis J. Lagen Commissioners Civil Attest: Service Commission Leo F. Frommelt Clerk Subscribed and sworn to before me a Nolary Public this 4th day of May 1964. Eugene J. Berens (Seal) Notary Public Councilman Takos moved that the communication be received and made a matter of record. Seconded by Mayor Horgan, Carried by the following vote: Yeas — Mayor Horgan, Council. men Kean, Ludwig, Pfohl, Takos. Nays—None. Honorable Mayor and May 1, 1964 Members of the City Council Gentlemen: In accordance with the provi- sions of the 1962 Code of Iowa, the Civil Service Commission con. ducted an entrance examination on April 14, 1964, for those seeking Positions on the FIRE DEPART. MENT. The following named persons Passed both the written and physi- cal examinations and their names are hereby certified for appoint- ment to the Fire Department. Roger A. Krepfle ....................77.5% Richard Theis ........................72.50% Respectfully submitted, A. G. Wright Chairman Gerard B. Noonan Louis J. Lagen Commissioners Civil Service Commission Attest: Geo F. Frommelt Clerk Subscribed and sworn to before Regular Session, May 4, 1984 149 me a Notary Public this 4th day of AND PROCEEDING WESTERLY May 1964. TO OUT LOT 742 AND LYING BETWEEN LOTS 83, 34, 35, 36 Eugene J. Berens 37, 38, 89, 40, 41, 42 AND 43 OF Notary Public YATES SUBDIVISION ON THE NORTH, AND OUT LOTS 714 AND (Seal) LOT 2 OF HENION AND BAIRD'S Councilman Takos moved that SUBDIVISION, CITY OF DU. the communication be received BUQUE, IOWA, ON THE SOUTH; AND THE 16 FOOT ALLEY COM. and made a matter of record. Sec- MXNCING AT THE WEST LINE onded by Mayor Horgan. Carried OF HF,NION STREET AND PRO- CNEDING WESTERLY TO OUT by the following vote: LOT 714 CITY OF DUBUQUE, - Yeas —Mayor Horgan, Counl• IOWA, AND SITUATED BE- TWEEN THE NORTH 6 FEET OF men Kean, Ludwig, Pfohl, Takos I.OT 3 IN HENION AND BAIRD'S Nays—None. SUBDIVISION ON THE NORTH AND LOTS 6, 7 AND s HODG. ORDINANCE NO. 12.64 IKON'S SUBDIVISION ON THE SOUTH; APPROVING PLAT An Ordinance Vacating the fol- THEREOF AND ORDERING PUB - lowing portion of street and al- LICATION OF NOTICE OF IN- lays: Catherine street lying be- TENT TO DISPOSE OF SAME. WHEREAS, Loras College by tween Lots 35 and 36 of Yates written communication filed with Subdivision; and the alley tom- the City Clerk petitioned for the mencing at the southeasterly cor. vacation of certain portion of street and alleys as hereinafter ner of Lot 33 of Yates Sub. and described; and proceeding westerly to O.L. 742 WHEREAS, said portion of street and alleys hereinafter described and lying between lots 33, 34, are no longer needed for street 35, 36, 37, 38, 39, 40, 41, 42 8 43 ses: and I� WHEREAS, on the 27th day of of Yates Sub. on the north, and April 1964 the Planning & Zoning 0. Lots 714 and Lot 2 of Hen- Commission of the City of Du- buque, Iowa filed a written com- ion & Baird& Sub. on the south; municatlon with the city clerk ap- and the 15 foot alley comment- proving the va- ef at portionnd noft street and ing at the west line of Henion alleys hereinafter described. street proceeding westerly to NOW THEREFORE BE IT OR - Out Lot 714 and situated be- PAINED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, tween the north 5 feet of Lot IOWA: 3 in Henion 8 Baird& Sub. on Section 1. That Catherine Street lying between Lots 35 and 36 of the north and Lots 6, 7 8 Hodg• Yates Subdivision, City of Du - dons Sub. on the south, approv buque, Iowa, hereinafter to be known and described as follows: ing plat thereof and ordering Lot "A" Yates Subdivision Publication of notice of intent In the city of Dubuque. Iowa, to dispose of same, according to the recorded Plat thereof; reserving easement presented and read. therein for existing storm sow - Councilman Takos moved that b:r, nd the same Is hereby va- the reading just had be considered cated. alleye the first reading of the Ordinance. ,nen ing at the South' yeco - Seconded by Councilman Ludwig. ner of Lot 38 of Yates Subdivision Carried b the following Vote: Y g and proceeding weeterly to Out Lot 742 and lying between Lots Yeas — Mayor Horgan, Council- 33, 84, 35, 36, 37, 38, 39, 40, 41, 42 men Kean, Ludwig,Pfohl, Takos. os. and 43 of Yates Subdivision on the north, and Out Lot 714 and Lot t Nays—None. „f Henlon and Baird's Subdivision, Councilman Takos moved that City of Dubuque, Iowa, on t he south, hereinafter to be known and the rule be suspended requiring described as follows: an Ordinance to be read on three I.,.t "B" Yates Subdivision In the City of Dubuque, lona, separate days. Seconded by Coun- according to the recorded plat oilman Ludwig. Carried by the fol- nts therein or existing storm new- lowing vote: er, Yeas — Mayor Horgan, Council- be and the same to hereby va- men Kean, Ludwig, Pfohl, Takos. cated. Section 8. That the 15 foot alley Nays—None. •ommencing at the west line of Hanlon Street andproceeding west - ORDINANCE NO. 12." erly to Out LOt 714 City of Du - AN ORDINANCE VACATING THE FOLLOWING PORTION OF buque, Iowa, and situated between tilenorth orth 5 feet of Lot 3 In Henlon STREET AND ALLEYS: CATH- ERINE STREET LYING BE- and Baird's Subdivision on t he north and Lots 6, 7 and 8 Hod TWEEN LOTS 85 AND 86 OF YATES SUBDIVISION, CITY OF don's Subdivision on the South, hereinafter to be known and de - DUBUQUE. IOWA; AND THE AL- scribed as follows: "A" Hodgdon's Subdi- LEY COMMENCING AT THE SOUTHEASTERLY CORNER OF le,t vision in the city of Dubuque, IAT 33 OF YATES SUBDIVISION Iowa, according to the record- 150 Regular Session, May 4, 1964 ed Plat thereof: reserving ease- ments therein for existing storm seiner, be and the same is hereby va- cated. Section 4. That the Plat dated May 1, 1964, prepared by Culien- Schiltz & Asmoclates covering the property hereinabove described, a eopy of said Plat hereto attached and marked Exhibit "A" be and the same is hereby approved and the Mayor and City Clerk be and they are hereby authorized and directed to execute said Plat for and on behalf of the City of Du- huque, lovaTli. Section 5. at the City Clark be and lie is hereby authorized and directed if, cause notice of Intent to dispose of Interest in real es- tate by the City of Dubuque, Iowa to Loras College covering the real estate herelnnbove described as J4 by law rec utred. Section 6. Tat the City Clerk be and he is hereby authorized and di^ected to file a certified copy of this Ordinance, after the pub- lication thereof, In the office of ,lie County Recorder in and for Dubuque County, Iowa. Passed, adopted and approved oils 4th day of May, A.D., 1984. RGRERT J. HORGAN Mayor RICIIARD LUDWIG PETER J. TAKOS ELDON A. PPOHL JAMES J. KEAN Councilmen Attest: Leo F. Froninielt City Clerk Published officially in the Tele- graph -Herald newspaper this Hth day of bfay, 1964. f,00 F. Frommelt City Clerk It. 5-8 Councilman Takos moved the adoption of the Ordinance. Second- ed by Councilman Ludwig. Carried by the following vote: Yeas — Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. Petition of Dubuque Armed Forces Day requesting that the Mayor officially proclaim Thurs. day May 14, 1964 as Armed Forces Day in Dubuque, presented and read. Councilman Takos moved that the petition be referred to the Mayor. Seconded by Council• man Kean. Carried by the follow- ing vote: Yeas — Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. Petition of Jerome P. Burroughs et al requesting that the alley that runs between Sullivan Street and Nightingale street be brought to grade, presented and read. Coun. cilman Ludwig moved that the pe. tition be referred to the City Man- ager and Engineering Department. Seconded by Councilman Takos. Carried by the following vote: Yeas — Mayor Horgan, Council. men Kean, Ludwig, Pfohl, Takos. Nayk—None. Petition of Delbert Miller re. questing permission to excavate in Glendale Court for the purpose of installing sewer and water, pre- sented and read. Councilman Ta- kos moved that the request be granted. Seconded by Councilman Ludi ig. tarried by the following vote: Yeas -- Mayor Horgan, Council- men Kean. Ludwig, Pfohl, Takos. Nays—None. Petition of 1964 Dubuque Sum. mer Festival requesting permission to display fireworks for June 28, 1964, presented and read. Council- man Ludwig moved that the re- quest be granted subject to super- vision by the Fire Chief. Seconded by Councilman Takos. Carried by the following vote: Was — Mayor Horgan, council- men Kean, Ludwig. Pfohl, Takos. Nays—None. Petition of Clarence Haupert re- questing a refund of $100 on the unexpired portion of Class "B" beer permit No. 130, as he has dis- continued business on April 25, 1964, presented and read. Council. man Takos moved that the refund be granted and the Auditor in. structed to issue proper warrant. Seconded by Mayor Horgan. Car- ried by the following vote: Yeas — Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. Petition of Midwest Developers Inc. requesting annexation of prop- erty approximately 25 acres, south Of Pennsylvania Avenue and west of the present corporate limits of the City, presented and read. Coun- cilman Takos moved that the pe- tition be referred to the Planning & Zoning Commission. Seconded by Councilman Kean. Carried by the following vote: Yeas — Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. Proof of Publication, certified to by the Publisher, of Notice of pub- lic hearing to consider time and Place of hearing to dispose of in- terest in real estate, being an al- ley lying between Lots 187, 188 & 189 on the westerly side and Lots 214, 215 & 216 on the easterly side 11etween 14th and 15th Streets on Regular Session, May 4, 1984 151 Elm street and now known as Lot 187A in East Dubuque Addn. to Joseph H. & Myrtle M. Deckert, presented and read. Mayor Hor gan moved that the proof of pub lication be received and filed. Sec t onded by Councilman Takos. Car- ried by the following vote: i Yeas — Mayor Horgan, Council. men Kean, Ludwig, Pfohl, Takos. Nays—None. Communication of Max Blum re- questing the alley lying between 14th and 15th street on Elm, which was previously presented at the Council meeting under date of March 2, 1964, in which Mr. Blum was willing to purchase the alley at a considerably higher price and requesting that the alley be sold to him, was again presented and read. Councilman Ludwig moved that the request and possible objection be overruled. Seconded by Coun- cilman Takos. Carried by the fol- lowing vote: Yeas — Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. RESOLUTION NO. 102.64 WHEREAS, pursuant to Resolu- tion and published notice of time and place of hearing, City Council of City of Dubuque, Iowa met on the 4th day of May 1964 at 7:30 o'clock P.M., Central Standard Time, in the City Council Chamber in the City Hall, Dubuque, Iowa, to consider the proposal to dis- pose of certain real estate at which hearing all interested par- ties were afforded an opportunity to be heard for or against such proposal and which real estate is described as follows: Lot 187 "A" in "East Dubuque" an Addition in City of Dubuque, Iowa, according to the recorded plat thereof; and WHEREAS, said hereinabove described real estate is no longer needed for public purposes and that the disposal thereof to Joseph H. Deckert and Myrtle M. Deckert, by the City of Dubuque, Iowa, would serve the best public in- terest; and WHEREAS, there being objec- tions to the proposal to dispose of the interest of the City of Du- buque, Iowa in the above described real estate to Joseph H. Deckert and Myrtle M. Deckert for the sum of $3,158.58. NOW THEREFORE BE IT RE- SOLVED by the City Council of Dubuque, Iowa: Section 1. That the disposal of he interest of the City of Du- buque, Iowa in and to the follow - ng described real estate: Lot 187 "A" in "East Dubuque" an Addition in City of Dubuque, Iowa, according to the recorded plat thereof to Joseph H. Deekert and Myrtle M. Deckert, for the sum of $3,158.56, plus costs of publication be and the same is hereby ap- proved and any and all objections whether oral or in writing to said disposal by City of Dubuque, Iowa, be and the same are hereby over- ruled. Section 2. That the Mayor and City Clerk be and they are hereby authorized and empowered to ex- ecute the Quit Claim Deed of City of Dubuque conveying to Jo- seph H. Deckert and Myrtle M. Deckert, husband and wife as joint tenants with right of survivorship and not as tenants in common, all of its rights, title and interest to the hereinabove described real es- tate upon receipt of the purchase price of $3,158.56, plus payment of costs of publication. Section S. That no abstract of title shall be furnished by the City of Dubuque, Iowa to the purchasers of the hereinabove described real estate. Passed, adopted and approved this 4th day of May, A.D., 1964. Robert J. Horgan Mayor Richard Ludwig Peter J. Takos Eldon A. Pfohl James J. Kean Councilmen Attest: Leo F. FrOmmelt City Clerk Councilman Ludwig moved the adoption of the resolution. Second. ed by Councilman Takos. Carried by the following vote: Yeas — Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. May 4, 1984 To The Honorable Mayor and City Council Gentlemen: At a regular meeting of the Du- 152 Regular Session, May 4, 1964 buque Planning and Toning Com mission held on May 4, 1964, the following action was taken: Motion by Deininger, supported by Loosbrock, "that the Planning and Zoning Commission of the City of Dubuque. Iowa hereby approves the plans for the proposed multi- level parking garage in and for the City of Dubuque, Iowa, as pre- pared by Delkuw, Cather Com- pany, Engineers, to be located in Block bounded by Eighth, Locust, Ninth and Bluff Streets in the City of Dubuque, Iowa, as said plans fit and conform with the general plans for the downtown area." Motion carried. Respectfully submitted, Owen Riley, Chairman Dubuque Planning and Zoning Commission Councilman Takos moved that the communication be received and made a matter of record. Sec- onded by Councilman Ludwig. Car- ried by the following vote: Yeas — Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. Proof of Publication, certified to by the Publisher, of Notice of Public Hearing on proposed plans and specifications and proposed form of contract covering the con. struction of the Locust Street Parking Garage in and for the City of Dubuque, Iowa, presented and read. Councilman Takos moved that the proof of publication be received and filed. Seconded by Councilman Kean. Carried by the following vote: Yeas — Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays --None. RESOLUTION NO. 10364 RESOLUTION approving plans, specifications and form of con- tract for constructing the Locust Street parking Garage. WHEREAS after a public hear- ing held and conducted pursuant to the provisions of Section 390.1 of the Code of Iowa, 1962, this Cite Council has heretofore found and determined that public conven. ience and necessity will be served by adding to, extending and im- proving the system of public mo. for vehicle parking facilities now owned and operated by the City of Dubuque:, Iowa, by constructing a multi-level reinforced concrete motor vehicle parking structure with a floor area of approximately 160.000 square feet in the block bounded by Locust, Bluff, Eighth and Ninth Streets in said City: and WHEREAS proposed plans, spec- ifications and form of contract for said Locust Street Parking Garage have been prepared by De Leuw Cather R Company, Engineers, and filed with the City Clerk on April 20, 1964, and notice of a public hearing on said proposed plans and specifications and form of contract has been duly published in the manner and form required by law and no petitions or objections of any kind have been filed or made by any interested party to said Plans, specifications and form of contract, or to the cost of said project; NOW, THEREFORE. Be It and It Is Hereby Resolved by the City Council of the City of Dubuque, Iowa, as follows: Section I. That the plans, speci- fications and form of contract re- ferred to in the preamble hereof be and the same are hereby ap- proved. Section 2. That all resolution:- or orders or parts thereof in conflict herewith are hereby repealed. Passed and approved May 4, 1964. Robert J. Horgan Attest: Leo F. Frommelt City Clerk No written objections were re- ceived prior to the public hearing. Councilman Ludwig moved the adoption of the resolution. Second- ed by Councilman Takos. Carried by the following vote: Yeas — Mayor Horgan, Council men Kean, Ludwig, Takos. Nays—Councilman WOW. RESOLUTION NO. 104.64 WHEREAS, Thermolyne Corp- oration of Dubuque, Iowa, on April 20, 1964 petitioned the City Council of Dubuque, Iowa in writing to purchase Lot 2 of Block B of River Front Subdivision No. 3 in the City of Dubuque, Iowa, con listing of .367 of an acre of land and offered to purchase the same Mayor Richard Ludwig Peter J. Takos James J. Kean Councilmen Attest: Leo F. Frommelt City Clerk No written objections were re- ceived prior to the public hearing. Councilman Ludwig moved the adoption of the resolution. Second- ed by Councilman Takos. Carried by the following vote: Yeas — Mayor Horgan, Council men Kean, Ludwig, Takos. Nays—Councilman WOW. RESOLUTION NO. 104.64 WHEREAS, Thermolyne Corp- oration of Dubuque, Iowa, on April 20, 1964 petitioned the City Council of Dubuque, Iowa in writing to purchase Lot 2 of Block B of River Front Subdivision No. 3 in the City of Dubuque, Iowa, con listing of .367 of an acre of land and offered to purchase the same Regular Session, May 4, 1.964 1:5:3 for the sum of $1,500.00: and WHEREAS, there was attached to said petition of Thermolyne Corporation an executed copy of letter dated April 17, 1964 and filed in the office of the City Clerk on April 20, 1964 by the Mayor's Industrial Executive Committee bearing signature of E. Dorothy, Secretary, addressed to Mr. C. J. Ecklund, President of Thermolyne Corporation. P.O. Box 797, Dubuque, Iowa, recommend- ing and approving the sale of said real estate to Thermolyne Corpora- tion for future expansion of manu- facturing operation by said Ther- molyne Corporation; and WHEREAS, the sale of the above described real estate to Thermolyne Corporation for the sum of $1,590.09 should be ap- proved as the sale thereof to said Corporation serves the best public interest. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF DUBUQUE, IOWA: Section 1. That the sale of the following described real estate: Lot 2 of Block 9 of River Front Subdivision No. 3 in the City of Dubuque, Iowa, for the sum of $1,500.00 be and the same is hereby approved. Section 2. That the City Clerk be and he is hereby authorized and directed to cause notice to be pub- lished of the intent of the City of Dubuque, Iowa, to dispose of inter- est in real estate as is by law re- quired. Section 3. That no abstract of title shall be furnished the buyer and that the costs of publication shall be paid by the buyer. Passed, adopted and approved this 4th day of May, A.D., 1964. Robert J. Horgan Mayor Richard Ludwig Peter J. Takos Eldon A. Pfohl James J. Kean Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pfohl moved th adoption of the resolution. Sec unded by Councilman Ludwig. Car riied by the following vote: Yeas — Mayor Horgan, C u icil- men Kean, Ludwig, Pfohl, Takor. Nays—None. RESOLUTION NO. lOS-64 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 se 1 Cigarettes and Cigarette Papels within said City. Name Address Karl Ifenry Oleson, 1701 Asbury Street Raymond Ney, 2186 Central A - enue BE IT FURTHER RESOLVED that the bonds filed with the appli- cation be approved. Passed, adopted and approved this 4th day of May, 1964. Robert J. Horgan Mayor Richard Ludwig Peter J. Takos Eldon A. Pfohl James J. Kean Councilmen Attest: Leo F. Frommelt, City Clerk Councilman Ludwig moved the adoption of the resolution. Second- ed by Councilman Takos. Carried by the following vote: Yeas — Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays — None. RESOLUTION NO. 106.64 WHEREAS, applications f o r 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. Address Name CLASS "B" BEER PERMIT Harriet Bush, 700 East 16th Street Merlyn L. Weber, 1904 Central Av- enue e Mrs. Fay S. Shaffer, 1080 Univer- sity Avenue Vernon Leo Meyer, 530 East 22nd Street 154 Regular Session, May 4, 1984 Karl Henry Oleson, 1701 Asbury Street Dubuque Sports Bowl, Inc., East 16th Street Extension Harry N. Gantert, 1301 Rhomberg Avenue Raymond Ney, 2186 Central Av. enue CLASS "B" BEER PERMIT PRIVATE CLUB Dubuque Metal Trades Council Club, til West 6th Street CLASS "C" BEER PERMIT Ernest E. Latham, 1205 Cleveland Avenue Melvin C. Lynn, 424 West Locust Street Carl Van Duelman, 590 Clarke Drive Passed, adopted and approved this 4th day of May, 1964. Robert J. Horgan Mayor Richard Ludwig Peter J. Takos Eldon A. Pfohl James J. Kean Councilmen Attest: Leo F. Frommelt City Clerk Councilman Takos moved the adoption of the resolution. second- ed by Councilman Pfohl. Carried by the following vote: Yeas—Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. RESOLUTION NO. 107-64 WHEREAS, applications for Beer Permits were filed by the within named applicants and they have received the approval of this Coun- cil; and WIIEREAS, 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 Harriet Bush, 700 East 16th Street Merlyn L. Weber, 1904 Central Avenue Mrs, Fay S. Shaffer, 1080 Univer. sity Avenue Vernon Leo Meyer, 530 Fast 22nd Street Karl Henry Oleson, 1701 Asbury Street Dubuque Sports Bowl, Inc., East 16th Street Extension Harry N. Gantert, 1301 Rhomberg Avenue Raymond Ney, 2186 Central Avenue CLASS "B" BEER PERMIT PRIVATE CLUB Dubuque Metal Trades Council Flub. III West 6th Street CLASS "C" BEER PERMIT Ernest E. Latham, 1205 Cleveland Avenue Melvin C. Lynn, 424 West Locust Street Carl Van Duelman, 590 Clarke Drive BE IT FURTHER RESOLVED that the bonds filed by such ap- plicants be and the same are here- by approved. Passed, adopted and approved this 4th day of May, 1964. Robert J. Horgan Mayor Richard Ludwig Peter J. Takos Eldon A. Pfohl James J. Kean Councilmen Attest: Leo F. Frommelt City Clerk Councilman Takos moved the adoption of the resolution. Second- ed by Councilman Ludwig. Carried by the following vote: Yeas — Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. RESOLUTION NO. 108.64 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 LIQUOR CONTROL ACT— CHAPTER 123 — as amended by the 60th General assembly, 1963. CLASS "C" COMMERCIAL ESTABLISHMENT Raymond Ney, 2186 Central Ave- nue Passed, adopted and approved Regular Session, May 4, 1964 155 this 4th day Rf May, 1964. obert J. Horgan Mayor Richard Ludwig Peter J. Takos Eldon A. Pfohl James J. Kean Councilmen Attest: Leo F. Frommelt City Clerk Councilman Takos moved the adoption of the resolution. Second- ed by Mayor Horgan. Carried by the following vote: Yeas — Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. RESOLUTION NO. 109-64 WIiEREAS, Applications for Liq. uor Permits were filed by the with- in named applicants and they have received 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 or. dinances relevant thereto and they have filed the 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 ap- plicants a Liquor Permit. CLASS "C" COMMERCIAL ESTABLISHMENT Raymond Ney, 2186 Central Ave- nue Passed, adopted and approved this 4th day of May, 1964. Robert J. Morgan Mayor Richard Ludwig Peter J. Takos Eldon A. Pfohl James J. Kean Councilmen Attest: Leo F. Frommelt City Clerk recreational uses. The City Man- ager submitted the following cost figures: A—No. of spaces, 161; material cost, $3510; seal, $159.53; total, $3669.53; factor, 9. B—No. of spaces, 345; material cost, $7186; seal. $326.58; total, $7512.58; factor, 4.5. C—No. of spaces, 529; material cost, $12.332: seal, $560.48; total. $12,892.46; factor. 3. There being no further business Mayor Horgan moved to adjourn. Seconded by Councilman Takos. Carried by the following vote: Yeas—Mayor Iiorgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. Leo F. Frommelt City Clerk Councilman Takos moved the adoption of the resolution. Sec- onded by Mayor Horgan. Carried by the following vote: Yeas — Mayor Horgan, Council- men Kent, Ludwig, Pfohl, Takos. Nays—None. Some discussion was had by the Council relative to paving a cer- tain area in the Industrial Park for a proposed parking lot, and Approved Au$l B t 10 .1964. Adopted S.. 10 1964. ........................ Councilmen ..'� �'••.......... Attea . ................ City Clerk 156 Special Session, May 13, 1964 CITY COUNCIL OFFICIAL. Special Session, May 13, 1964. Council met at 12:00 Noon Day- light Saving Time. Present—Mayor Horgan. Council- men Kean. Ludwig, Pfohl, Takos. City Manager Gilbert D. Chaven- elle. Mayor Horgan read the call and stated that service thereof had been duly made and this meeting is called for the purpose of con- sidering a request from the Du- buque Federation of Labor to operate a voter Registration Mobile Unit in the City from Thursday, May 14, 1964 to Friday, May 22, 1964, and acting on any other bus- iness which may properly come before a Regular meeting of the City Council. Communication of Dubuque Fed- eration of Labor requesting per- mission to operate a Voter Regis- tration Mobile Unit in the City at various designated locations from May 14, to May 22, 1964, presented and read. Mayor Horgan moved that the rules be suspended in order to let anyone present address the Council if they so desire. Seconded by Councilman Takos. Carried by the following vote: Yeas — Mayor Horgan. Council- men Kean, Ludwig, Pfohl, Takos, Nays—None. Mr. Leo Schueller, as a repre- sentative of labor, addressed the Council by stating that he is on a leave of absence from the John Deere plant in order to assist in the registration of all eligible voters. He further stated that this is a civic responsibility and a bi. partisan movement. The Chairmen of both political parties are willing to cooperate. Mr. Wm. Burke, Chairman of the Republican party, stated that they are happy to co. operate and are in agreement with the hours and locations requested by the Federation of Labor. lie further stated that it should be good for the two party system and also requested the press to give it Publicity. Mrs. Green, vice chair lady of the Democratic party stated that they would be happy to co- operate. Councilman Takos moved that the request be approved subject to City Clerk's jurisdiction. Seconded by Councilman Kean. Carried by the following vote: Yeas—Mayor Horgan Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. There being no further business Councilman Takos moved to ad. journ. Seconded by Councilman Kean. Carried by the following vote: Yeas—Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. Leo F. Frommelt City Clerk. Approved Au-gu.8 t 10 .......1964. Adopted ..Au -9 t 10 f. 1964 Cow At City Clerk Special Session, May 18, 1964 _ 15 CITY COUNCIL OFFICIAL. Special Session, May 18, 1964. Council met at 7:30 P.M. C.S.T. (8:30 P.M. D.S.T.) Present—Mayor Horgan, Council- men Ludwig, Pfohl, Takos. City Manager Gilbert D. Chavenelle. Absent—Councilman Kean. Mayor Horgan read the call and stated that service thereof was duly made and this meeting is called for the purpose of considering bids received for the construction of the Parking Ramp and instituting proceedings for the issuance of parking facilities revenue bonds in the amount of $1,250,000. and acting on any other business as may properly come before a regular meeting of the City Council. Proof of Publication, certified to by the Publisher, of Notice of taking bids for the construction of the Locust Street Parking Garage in and for the City of Dubuque, Iowa. Mayor Horgan moved that the proof of publication be received and filed. Seconded by Councilman Takos. Carried by the following vote: Yeas --Mayor Horgan, Council- men Ludwig, Pfohl, Takos. Nays—None. Absent—Councilman Kean. May 18, 1964 To the Honorable Mayor and City Council Gentlemen: As you will no doubt know, sealed bids for the construction of the Locust Street Parking Garage were opened on this date at 10:00 o'clock A.M. Central Stan. dard Time. According to the bid tabulation copy of which is hereto attached the J. P. Cullen & Son, Corp., o Janesville, Wisconsin, was the to bidder with a bid of $1,074,731.00 I recommend the acceptance o this bid and that the City Manager be authorized to issue letter o intent to enter into contract fo construction of such facility, su jest to the approval by the co tractor of the consulting engineer ing firm, and subject to the fi ancing of said project by the issuance and sale of revenue bonds in the total amount of $1,250,000.00. Respectfully submitted, Gilbert D. Chavenelle City Manager Councilman Takos moved that the recommendation of the City Manager be referred to the Council. Seconded by Councilman Pfohl. Carried by the following vote: yeas—Mayor Horgan. Council- men Ludwig, Pfohl, Takos. Nays—None. Absent—Councilman Kean. Mayor Horgan moved that the rules be suspended in order to let anyone present address the Council if they so desire. Seconded by Councilman Takos. Carried by the following vote: Yeas—Mayor Horgan, Council- men Ludwig, Pfohl, Takos. Nays—None. Absent—Councilman Kean. Mr. Milan Ibaska and James H. Kluesner of DeLeuw Cather and Company explained to the Council the increased cost of the project and pointed out differences in the preliminary estimate and the final bid. Some of the items added or changed that are reflected in the final bid are Soil condition $20,000, increasing the capacity of the garage from 160,000 square feet to 163,000 square feet; a meter shop in basement $28,000; 6 to 8 more parking spaces in the base- ment., one bay of parkinh added $16,000; street and traffic lights around the garage $17,000; Traffic light modification $2000; Stair case added level $2700; Exterior signs $7000; Traffic Control and interior signs and two traffic con- trol booths $10,000; Accounting system, inter-com system $30.000; Lighting switches $1700; exit lighting $1200; top level shield for snow removal protection $1000; stone planters 301 ft. $7000; f storm window sash inside and in- side towers $500; $34,000 for stone siding; $30,000 cost due to modi- fication of the structure; material changes such as glazed tile etc.— f the total amount additional would r be approximately $221,000. h• Councilman Pfohl stated that n part of the widing cost of streets which were included in the total n bid, should be assessed to owners 158 Special Session, May 18, 1964 of abutting property because i would be to their benefit. Mayor Horgan moved that the Council go into executive session with the Manager at this time to discuss land problems. Seconded by Councilman Ludwig. Carried by the following vote: yeas—Mayor Horgan, Council- men Ludwig. Pfohl, Takos. Nays—None. Absent—Councilman Kean. F,xecutive session began at 10:20 P.M. and the Council returned to the Council Chambers at 10:45 P.M. Proof of Publication of Notice of meeting for issuance of parking facilities Revenue Bonds, pre- sented and read. No written objections were re- ceived and no oral objectors were present in the Council Chamber at the time set for the hearing. Mayor Horgan moved that the proof of publication be received and filed. Seconded by Councilman Takos. Carried by the following vote: Yeas—Mayor Horgan, Council- men Ludwig, Pfohl, Takos. Nays—None. .Absent—Councilman Kean. ORDINANCE NO. 13.64 An Ordinance authorizing and providing for the issuance and securing the payment of $1,250,000 Parking Facilities Revenue Bonds of the City of Dubuque, Iowa, under the provisions of Chapter 390 of the Code of Iowa, as amend- ed, for the purpose of defraying the cost of acquiring additional off-street motor vehicle parking facilities in and for said City was presented. Mayor Horgan moved that the Ordinance be deferred for action at the adjourned meeting of the City Council to be held Wednes- day, May 20, 1964 at 11:00 A.M. Central Standard Time. Seconded by Councilman Takos. Carried by the following vote: Yeas — Mayor Horgan, Council. men Ludwig, Pfohl, Takos. Nays—None. Absent—Councilman Kean. Communication of City Treasurer Tsehirgi submitting a waiver from the Stale Commission for "im- munity and garnishment of wages" of municipal employees for the Purpose of collectins; delinquent State income taxes was presented t andread. Councilman Takos moved that the communication be referred to the City Manager for investiga. tion and report. Seconded by Mayor Horgan. Carried by the following vote: Yeas—Mayor Horgan, Council. men Ludwig. Pfohl, Takos. Nays—None. Absent—Councilman Kean. Communication of League of Iowa Municipalities extending an invitation to attend a statewide in. formational meeting on Low -Rent Public Housing to be held in Des Moines on May 28, 1964, presented and read. Councilman Takos moved that the communication be referred to the City Manager. Seconded by Mayor Horgan. Carried by the following vote: Yeas—Mayor Horgan, Council. men Ludwig, Pfohl, Takos. Nays --None. Absent—Councilman Kean. Communication of League of Women Voters of Dubuque com. mending the Council for the decision to have mobile registra. tion of voters, presented and read. Mayor Horgan moved that the communication be received and filed. Seconded by Councilman Takos. Carried by the following vote: Yeas—Mayor Horgan. Council- men Ludwig, Pfohl, Takos. Nays—None. Absent—Councilman Kean. Communication of W i I 1 i a to Clemens accepting his appointment to the City - County Authority Commission with assurance that he will do his best to serve the citizens of Dubuque, presented and read. Councilman Takos moved that the communication be re- ceived and filed. Seconded by Mayor Horgan. Carried by the following vote: Yeas—Mayor Horgan, Council- men Ludwig, Pfohl, Takos. Nays—None. Absent—Councilman Kean. May 15, 1964 To the Honorable Mayor and City Council, Gentlemen: This is to advise that I have approved the following bonds and desire to have your approval on same for filing, subject to the approval of the City Solicitor: Special Session, May 18, 196.1 159 SIDEWALK Conlon Construction Company. Federal Insurance Co. John Byrne, Transamerica In- surance Co. James .J. Scholl, Transamerica Insurance Co. Kenneth Schromen, The Ohio Casualty Insurance Co. Respectfully submitted, Gilbert D. Chavenelle, City Manager Alayor Horgan moved that the bonds be filed subject to the approval of the City Solicitor. Seconded by Councilman Takos. Carried by the following vote: Yeas — Mayor Horgan, Council- men Ludwig, Pfohl, Takos, Nays—None. Absent—Councilman Kean. May 18, 1964 To the Honorable Mayor and City Council Gentlemen: I herewith submit reports of the City Auditor. City Treasurer, City Health Department and City Water Works for the month of April, as well as a list of claims and pay- rolls for which warrants were issued for the month of April, 1964. Respectfully submitted, Gilbert D. Chavenelle City Manager Councilman Takos moved that the reports be received and filed. Seconded by Councilman Pfohl. Carried by the following vote: Yeas—Mayor Horgan, Council- men Ludwig, Pfohl, Takos. Nays—None, Absent—Councilman Kean. Proof of Publication, certified to by the Publisher, of Statement of Receipts and a list of claims for which warrants were issued during the month of April 1964, presented and read. Councilman Takos moved that the proof of publication be received and filed. Seconded by Mayor Horgan. Carried by the following vote: Yeas—Mayor Horgan, Council- men Ludwig, Pfohl, Takos. Nays—None, Absent—Councilman Kean. May 14, 1964 Honorable Mayor and City Council Gentlemen: The Planning and Zoning Com- mission has carefully considered the annexation petition of Joseph F. Link. .John W. Link and ,John A. Link. The Planning and Zoning Com- mission recommends that this pe- tition be denied on the basis that the petition dictates the zoning of the property after it is annexed to the City. Respectfully submitted, Dubuque Planning and Zoning Commission By Frank J. Glab. Secretary Councilman Takos moved that the recommendation be referred hack to the Planning & Zoning Commission for possible negotia- tion with Dr. Link. Seconded by Councilman Pfohl. Carried by the following vote: Yeas — Mayor Horgan, Council- men Ludwig, Pfohl, Takos. Nays—None. Absent—Councilman Kean. May 14, 1964 Honorable Mayor and City Council Gentlemen: The Planning and Zoning Com- mission has considered the re- quest of Lester M. Lynch of 1185 Solon Street to vacate 100' of an alley lying north of Solon Street between Hill and Alpine Streets. The Commission has also visually inspected the area. The Commission recommends that the petition be granted but that an easement be retained to protect existing utilities in the alley. Dubuque Planning and Zoning Commission Respectfully submitted, By Frank J. Glab, Secretary Councilman Takos moved :hat the recommendation be approved and referred for proper proceed- ings. Seconded by Councilman Lud- wig. Carried by the following vote: Yeas — Mayor Horgan, Council- men Ludwig, Pfohl, Takos. Nays—None. Absent—Councilman Kean. May 18, 1964 To The Honorable Mayor and Members of the City Council Gentlemen: In accordance with Chapter 48 of the Code of Iowa, 1962, I hereby recommend for your approval the appointment of the following named persons to serve as Clerks of Election for each precinct, who shall have charge of the election 160 Special Session, May 18, 1964 register for the Primary Election to be held on June 1, 1964. 1st Precinct: Republican: Mrs. Louise Rafoth. 964 Mt. Loretta Avenue. Democrat: Mrs. Marga- ret Cannon, 168 Julien Dubuque Drive. 2nd Precinct: Republican: Mrs. Doryce Amiss, 189 St. Joseph Street. Democrat: Mrs. Natalie Conlon, 1840 Hale Street. 3rd Precinct: Republican: Mrs. Ed- na Wunderlich, 608 Fenelon Place. Democrat: Mrs. Vera Mc- Allister, 821 Dodge Street. 4th Precinct: Republican: Mrs. Emma Osborn, 495 West Fifth Street. Democrat: Mrs. Georgina Millius, 462 Locust Street. 5th Precinct: Republican: Mrs. Marian Pfaff, 265 Alpine Street. Democrat: Mrs. Janet Ann Jones, 861 Alpine Street. 6th Precinct: Republican: Mrs. Mildred Cords, 1655 Auburn Street. Democrat: Mrs. Evelyn Zwack, 1330 Nowata Street. 7th Precinct: Republican: Mrs. Alexia Hanley, 27 West Ninth Street. Democrat: Miss Mary Clemens, 1110 Iowa Street. 8th Precinct: Republican: Mrs. Jane Fuhrman, 530 Wilbur Lane. Democrat: Mrs. Anna Weber, 1025 Locust Street. 9th Precinct: Republican: Mrs, Mildred Koehler, 1763 Central Avenue. Democrat: Mrs. Melinda Berg, 1633 Centrai Avenue. 10th Precinct: Republican: Mrs. Loretta Kammueller, 1691 Main Street. Democrat: Mrs. Mary Behr, 1491 Main Street. 11th Precinct: Republican: Mrs. Hilda Kempter, 2125 Kleine. Democrat: Mrs. Ida Murray, 348 Kaufmann Avenue. 12th Precinct: Republican: Mrs. Ida Jones 22311,2 Francis Street. Democrat: Alrs. Minnie Recker, 2210 Francis Street. 13th Precinct: Republican: Mrs. Eleanor Rafoth, 2761 Broadway, Democrat: Mrs. Freda Foell, 2915 Jackson Street. 14th Precinct: Republican: Mrs. Gwen Bohn, 2540 Windsor Ave. nue. Democrat: Miss Loretta Mc- Andrews, 704 Lincoln Avenue, 15th Precinct: Republican: Mrs. Helen Pape, 917 Rhomberg Ave- nue. Democrat: Mrs. F%ranees Crippes, 1226 Lincoln Avenue. 16th Precinct: Republican: Mrs. Betty Gottschalk, 1905 Floraview Drive. Democrat: Mrs. Marjorie Kersch, 3030 Pennsylvania Ave. nue. Respectfully submitted, Leo F. Frommelt Commissioner of Registration Mayor Horgan moved that the list be approved. Seconded by Councilman Ludwig. Carried by the following rote: Yeas — Mayor Horgan, Council. inen Ludwig, Pfohl, Takos. Nays—None. Absent—Councilman Kean. Notice of claim of Leo N. Harris in the amount of $30.45 for car damage incurred as the result of striking a caved in section of street at 5th & Iowa on May 8, 1964, presented and read. Council. man Takos moved that the notice of claim be referred to the City Solicitor for investigation and re- port. Seconded by Mayor Horgan. Carried by the following vote: Yeas — Mayor Horgan, Council- men Ludwig, Pfohl, Takos. Nays—None. Absent --Councilman Kean. May 15, 1964 Hon. Mayor & City Council Re: Margaret L. Kifer Gentlemen: On February 26, 1963, Margaret L. Kifer filed claim against the City of Dubuque alleging injuries suffered as a result of a fall on .January 14, 1963, on a public side. waik at First Street where same intersects with Locust, claiming an accumulation of ice and snow thereon. I have made an investigation of said ►natt.er anci I have conferred with the claimant who has made an offer of settlement in the amount of $102.00, and it is the recommendation of the City At- torney that said offer of settle- ment be accepted and the City Auditor be instructed to draw a warrant payable to Margaret L. Kifer and John R. Kifer, her hus- band, in the amount of $102.00 and to deliver the same upon receipt of a duly executed release. Original claim is attached here to. Respectfully submitted. R. N. Russo City Attorney Special Session, May 18, 1984 181 Mayor Horgan moved that the Its Passage, adoption and publication as by law provided. by recommendation Of the City At this 20th day of April, torney be approved and the Audi- 1464. Rule requiring reading on three sep• for instructed to issue proper war- arate days suspended by unanimous rant. Seconded by Councilman vote the 20th day of April, 1984 . the followin Pfohl. Carried by g Passed by recorded roll call vole, adopted and approved this 18th day vote: Yeas -- Mayor Horgan, Council- of May. 1984. Robert J. Horgan MAYOR men Ludwig, Pfohl, Takos. Richard Tek sig Nays—None. Peter Eldon A. Pfohl Absent—Councilman Kean. COUNCILMEN proof of Publication, certified to ATTEST. Leo F. Frommelt by the Publisher, of Notice of pub- to consider rezoning CLo officially to the Telegraph - Published 25th day may lie hearing Herald Newspaper this of Lot 37 of the Subdivision of Min. 1884. eral Lot 39 from its present Two Leo F. Frommelt City Clerk Family Residence District Classi- fication to Local Business District 1 t. 5-25 Councilman Takos moved t h e "A" Classification, presented and final adoptionof theOrrin read. Car. Seconderied by the following vote: No written objections were re- Yeas — Mayor Horgan, Council- ceived and no oral objectors were wig, Pfohl, Takos. men Ludwig, present in the Council Chamber at Nays None. the time set for the public hearing. Absent—Councilman Rean. Mayor Horgan moved that the proof of publication be received and ORDINANCE NO. 1464 filed. Seconded by Councilman Ta- An Ordinance establishing a kos. Carried by the following vote: grade on Charter Street from the Yeas — Mayor Horgan, Council- West property line of Main Street men Ludwig, Pfohl, Takos. to t h e East property line of Nays—None. Salina Street, Absent—Councilman Kean. presented and read. ORDINANCE NO. 1164 Councilman Takos moved that An Ordinance Amending the the reading just had be considered Zoning Map and Zoning Ordinance the first reading of the Ordinance. known as Ordinance No. 3-34 of Seconded by Mayor Horgan. Car - the City of Dubuque to change Lot ried by the following vote: 37 of the Subdivision of Mineral Yeas — Mayor Horgan, Council - Lot 39 from its present Two Fam- men Ludwig, Pfohl, Takos. ily Residence District Classifica- Nays—None. tion to Local Business District "A" Absent—Councilman Kean. Classification, (200 block on South- Councilman Takos moved that be requiring ern Avenue) said Ordinance hav- ing been previously presented and the rule suspended an Ordinance to be read on three read at the Council meeting of Separate days. Seconded by Mayor by the following April 20, 1964, presented for Final Horgan. Carried Adoption. ORDINANCE NO. 11-64 vote: Yeas — Mayor Horgan, Council - An Ordinance Amending the Zoning men Ludwig, PfOhl, Takos. Map and Zoning Ordinance known as Ordinance No. 3.34 of the City of Du- Sub- Nays—None. Kean. buque to change Lot 37 of the division of Mineral Lot 39 from Its Absent—Councilman ORDINANCE NO. 14-64 present Two Family Residence District Classification to Local Business District An Ordinance establishing a grade the ed "A" Classification, (200 Block on South- on Charter Street from Main Street to ern Avenue) Be It Ordaned by the City Council Property Line of the East Property Line of Salina of the City of Dubuque, Iowa. Section 1. That the Zoning Ordinance Street. BE IT ORDAINED BY THE CITY THE CITY OF DUBUQUE, known as Ordinance No. 3-34 and the Zoning Map of the City of Dubuque COUNCIL OF IOWA: er on be and the same is hereby amended by changing Lot 37 of the Subdivision lineha section 1. That it grade Street from the west property of property line of Mineral Lot 39 from its present Two Faintly Residence District Classi- Main Street to the east of Salina Street Is hereby established on Profile No. fication to Local Business District "A" and adopted as shown Bench Mark: Point of arrow on Classification. Section 2. This Ordinance shall be 1581. fire hydrant on the west side of South Street midway between Dodge in full force and effect from and after Main 162 Special Session, May 18, 1964 Street and Charter Street, Elevatlor 606.94. Said grade begins at station O+ot which is the west property line n1 Main Street with north and south curt elevation of 605.60; thence to statlon 2+20 which !s the east property line of Salina Street with north and south curb elevation of 604.50. Section 2. This ordinance shall be In full force and effect immediately upPon Its final passage, adoption And publics• tion as provided by law. Passed, adopted and approved this 18th day of May IVA Robert J. Horgan MAYOR Richard Ludwig Peter J. Takos Eldon A. Pfohl COUNCILMEN ATTEST: Leo F. Frommelt CITY CLERK Published officially In the Telegraph• Herald Newspaper this 25th day of av IM. Leo F. Frommelt City Clerk 1 t. 5 -ES Councilman Takos moved t h e final adoption of the Ordinance. Seconded by Councilman Pfohl. Carried by the following vote: Yeas — Mayor Horgan, Council- men Ludwig, Pfohl, Takos. Nays—None. Absent—Councilman Kean. ORDINANCE NO. 15.64 An Ordinance establishing a grade on Kerper Boulevard from the North Property Line of Twelfth Street to the South Prop- eMy Lino of Sixteenth Street, presented and read. Councilman Takos moved that the reading just had be considered the first reading of the Ordinance. Seconded by Mayor Horgan. Car• ried by the following vote: Yeas — Mayor Horgan, Council- men Ludwig, Pfohl, Takos. Nays—None. Absent—Councilman Kean. Councilman Takos moved that the rule be suspended requiring an Ordinance to be read on three separate days. Seconded by Mayor Horgan. Carried by the following vote: Yeas — Mayor Horgan, Council- men Ludwig, Pfohl, Takos. NaYs--None. Absent—Councilman Kean. ORDINANCE NO. 1S-64 An orrpdinance establishing a grade an from the Northe property leLine of Twelfth Street to the South Property Line Of Sixteenth street. C N CII, OIT F ORDAINED' OF DBY UE CITY BUQUE, IOWA: IOWA: Section 1. That a grade on Kerper Boulevard from the north property line I effttLsithyeeanoSixeenh Street s hereby tabllshed and adopted as shown on Profile No. 1584. Bench Mark: South. west corner of pump station platform between Twelfth Street and Sixteenth Street on Kerper Boulevard. Elevation 616.12. Said grade begins at station 0+oo which is the north property line of Twelfth Street with east and west curb elevation of 611.00; thence to station 3; 50 with eau and west curb elevation of 612.75; thence to station 54-00 with an east and west curb elevation of 612.00; (hence to station 6+00 with east and west curb elevation of 612.50; thence to station 9+50 which 1s p.v.c. with cast and west curb elevation of 614.25; thence to station 104-00 which is p.v.i. with east and west curb eleva• tion of 614.56; thence tostation 10+5o which Is p.v.t with east and west curb elevation 615.00; thence to station 124-47.50 which is south property line of Sixteenth Street with cast And west curb elevation of 619.97. Section 2. This ordinance shall be In full force and effect immediate]% upon its final passage, adoption and publication as provided by law. Passed, adopted and approved this 18th day of May, 1964. Robert 1. Horgan MAYOR Richard i.udwig Peter J. Takos Eldon A. Pfohl ATTEST: COUNCILMEN Leo F. Frommelt CiTY CLERK Rtblished officially In the Telegraph. Herald Newspaper this 25th day of Ma% 1964. Leo F. Frommelt 1 t. 5/25 City Clerk Councilman Takos moved t h e final adoption of the Ordinance. Seconded by Councilman WOW, Carried by the following vote: Yeas — Mayor Horgan, Council men Ludwig, Pfohl, Takos. Nays—None. Absent --Councilman Kean. ORDINANCE NO. 16.64 An Ordinance Establishing a grade on King Street from the East Property Line of Fulton Street to the West property line of Broadway Street. presented and read. Councilman Takos moved that the reading; just had be considered the first reading of the Ordinance. Seconded by Mayor Horgan. Car- ried by the following vote: Yeas — Mayor Horgan, Council- ncn Ludwig, Pfohl, Takos. Nays—None. Absent—Councilman Kean. Councilman Takos moved that ;he rule be suspended requiring In Ordinance to be read on three ,eparate days. Seconded by Mayor lorg;an. Carried by the following; jute: Yeas -- Mayor Horgan, Council Special Session, men Ludwig, Pfohl, Takos. Nays—None. Absent --Councilman Kean. ORDINANCE NO. 16-64 An Ordinance establishing a trade on King Street from the East p- erty Line of Fulton Street to the West Property Line of Broadway Street. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That a grade on King Street from the east property line of Fulton Street to the west property line of Broadway adoptedet is hereas shown on Profile No. 1588. Bench Mark: Point of arrow on intersection re rof.northeast at King Street and Fulton Street. Elevation 773.94. Said grade begins at Station 0-05 which is p.v.1. and Is 5.0 feet west of east property line of Fulton Street, with north and south curb elevation of 769.61; thence to station 0+20 which Is p.v.t. with north and south curb elevation of 768.36; thence to station 04-50 which is p.v.c. with north and toutscurb elevation 766.26; a6thence 1-00 which �.iwih north and south curb elevation of 761.39; thence to station 1+50 which is pm.t, with north and south curb elevation of 753.76; thence to station 2+02 which is p.v.c. with north and south curb elevation of 744.40; thence to station 24-27 which is p.v.i, with north and south curb elevation of 749.59; thence to station 2+52 which is p.v.t. and p.v.c. with north and south curb elevation of 738.15; thence to sta- tion 2+77 which is p.v.1. with north and south curb elevation of 735.59; thence to station 3+02 which Is p.v.t. with north and south curb elevation of 731.40; thence to station 6:03.68 which is west p r o p e r t y line of Broad.-vay Street, with north and south curb ele- vation of 671.06. Section 2. This ordinance shall be in full force and effect immediately upon passage, adoption and publication as provided by law. Passed, adopted and approved this 18th day of Me 1964. Robert J. Horgan MAYOR Richard Ludwig Peter J. Takos Elton A. Pfohl COUNCILMEN ATTEST: Leo F. Frommelt CITY CLERKPublished yy e lggrpp Herald Newspaper lthis 25th dayof May 1981. Leo F. Frommel. City Clerk 1 t. 5/25 Councilman Takos moved t h e final adoption of the Ordinance. Seconded by Councilman Pfohl. Carried by the following vote: Yeas — Mayor Horgan, Council- men Ludwig, Pfohl, Takos. Nays—None. Absent—Councilman Kean. ORDINANCE NO. 17.64 An Ordinance establishing a grade on Sycamore Street from the North property line of Four. teenth Street to the South Prop- erty Line of Sixteenth Street, May 18, 1984 1864 presented and read. Councilman Takos moved that the reading just had be. considered the first reading of the Ordinance. Seconded by Mayor Horgan. Car- ried by the following vote: Yeas — Mayor Horgan, Council- men Ludwig, Pfohl, Takos. Nays—None. Absent—Councilman Kean. Councilman Takos moved that the rule be suspended requiring an Ordinance to be read on three separate days. Seconded by Mayor Horgan. Carried by the following vote: Yeas — Mayor Horgan, Council- men Ludwig, Pfohl, Takos. Nays—None. Absent—Councilman Kean. ORDINANCE NO. 1744 An Ordinance establishing a grade on Sycamore Street from the North Property Line of Fourteenth Street to the South Property Line of Six. teenth Street. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That a grade on Sycamore Street from the north property line of Fourteenth Street to the south prop. erty line of Sixteenth Street 1s hereby established and adopted as shown on Profile No. 1586. Bench Mark: Point of arrow on fire hydrant at the north. east Fourteenth Streeteand Sycamore Street• Elevation 607.20. Said grade begins at station 11+00 which is north property line of Four- teenth Street with east curb elevation th eof ast ac5- thence to urt ior ni b elevation of606.00, thence to station 3+20, with east and Kest curb elevation of 605.47; thence to sta- tion 4+50 wth east and west curb ele. vation of 605.93; thence to station 5+80 teeenth Street south cast• andnwest curb elevation of 605.40. Section 2. This ordinance shall be in full force and effect immediately upon its passage adoption and publication as provided by law. Passed, adopted and approved this lath day of May 1984• Horgan �MpY08 Richard Ludwig Peter J. Takos EIdon A. Pfohl COUNCILMEN ATTEST: C ity. FromMelt yy gg pp h. Herald Newspapelished lrlthls 26thedaylofrMIlly 1964. Leo F. Frommelt City Clerk 1 t. 5.25 Councillaan Takos moved t h e o byC uniilman o cOrdinance. edPfohl. Carried oy the following vote, Yeas — Mayor Horgan, Council men Ludwig, Pfohl, Takos. Nays -None. Absent—Councfhnan Kean. 164 Special Session, May 18, 1984 ORDINANCE NO. 18-64 An Ordinance establishing a grade on Terminal Street from the South Property line of First Street to the North Property Line of Camp Street, presented and read. Councilman Takos moved that the reading just had be considered the first reading of the Ordinance. Seconded by Mayor Horgan. Car- ried by the following vote: Yeas — Mayor Horgan, Council- men Ludwig, Pfohl, Takos. Nays—None. Absent—Councilman Kean. Councilman Takos moved that the rule be suspended requiring an Ordinance to be read on three separate days. Seconded by Coun- cilman Pfohl. Carried by the fol- lowing vote: Yeas — Mayor Horgan, Council- men Ludwig, Pfohl, Takos. Nays—None. Absent—Councilman Kean. ORDINANCE NO. 18.64 An Ordinance establishing a grade on Termnlal Street from the South Property Line of First Street to the North Property Line of Camp Street. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Sactlon 1. That a grade on Terminal Street from the south property line Of First Street to the north property IJne of Camp Street is hereby estab- lished and adopted as shown on Profile No. 1583. Bench Mark: Point of arrow on fire hydrant at the southeast corner of the Intersection of Water street and Jones Street. Elevation 607.37. Said grade begins at station 0+00 whleh is the south property line of First Street with east and west curb elevation of 607.24; thence to station 2+007 ith east and west curb elevation of 603.47, thence to station 4+00 with east an� west curb eelvation of 604.47; thence to station 8434 with east and west curb elevation of 602.73; thence to sta- tion 11+00 with east and west curb elevation of 604.06; thence to station 13+00 with east and west curb elevation Of 603.06; thence to station 14+63 12 which Is the north property line of Camp Street with east and west curb elevation of 603.88. section 2. This ordinance shall be In full force and effect immediately upon Its final passage, adoption and publics tion as provided by law. Passed, adopted and approved this 18th day of Ma 1964, Robert J. Horgan MAYOR Itichard Ludwig Peter J. Takos Eldon A. Pfohl ATTEST. COUNCILMEN Leo F. Frommelt City Clerk yy pp Herald Newupaperathisn2Stthheday�ofrtday 1964. Leo F. Frommelt I t 5.25 City Clerk Councilman Takos moved t h e final adoption of the Ordinance. Seconded by Councilman Pfohl. Carried by the following vote: Yeas — Mayor Morgan, Council- men Ludwig, Pfohl, Takos. Nays—None. Absent—Councilman Kean. Petition of Dubuque Sports Bowl requesting permission to dis- play fireworks in conjunction with their 4th of July stock car racing program, presented and read. Councilman Takos moved that the petition be granted subject to su- pervision of the Fire Chief. Sec- onded by Councilman Pfohl. Car. ried by the following vote: Yeas -- Mayor Horgan, Council. men Ludwig, Pfohl, Takos. Nays—None. Absent—Councilman Kean. Petition of Andrew J. Kisting et al objecting to the proposed rezoning for apartment building purposes on St. Anne's Drive, pre- sented and read. Mayor Horgan moved that the petition be referred to the Planning & Zoning Commis- sion. Seconded by Councilman Takos. Carried by the following vote: i'eas — Mayor Horgan, Council. men Ludwig, Pfohl, Takos. Nays—None. Petition of D.A.V. Fighting Back Chapter No. 6 requesting permis sion to hold Forget -Me -Not days on July 31 and August 1, 1964, presented and read. Councilman Takos moved that the petition be referred to the City Manager. Sec- onded by Councilman Pfohl. Car- ried by the following vote: Yeas — Mayor Horgan, Council- men Ludwig, Pfohl, Takos. Nays—None. Absent—Councilman Kean. Petition of Zephyr Aluminum Products Inc. requesting permis- sion to erect marquees at 1101, 1127 and 1135 Main Street and at 455-57 Central Avenue, presented and read. Councilman Pfohl moved that the petition be referred to the Planning & Zoning Commis- sion. Seconded by Councilman Ta- kos. Carried by the following vote: Yeas — Mayor Horgan, Council- men Ludwig, Pfohl, Takos. Nays—None. Absent --Councilman Kean. al Session, May 18, 1964 165 Petition of 1964 Dubuque Sum- mer Festival requesting considera- tion and possible appropriation of funds to help establish needed parking area on the Industrial Park south of Shiras Avenue, pre- sented and read. Mr. John Walsh addressed the Council b�, stating that the Park- ing problem at the time of the Summer Festival is an outstanding one. This festival is of tremendous importance to the City. Roger Rhomberg stated that the parade attendance last year was approxi- mately 60,000 people, and about one quarter million people at- tended the carnival. Nick Schrup made an appeal to the Council for funds to develop a parking area in the Industrial park. Dave Cavanaugh spoke in behalf of or- ganized labor by giving its full support. Hank Waltz stated that a parking area could have multi- ple recreational uses throughout the year. I.co Schlueter, Phil Kel- ly, Wm. Burke, John McDonald and Richard Upton all spoke on various phases of benefit to the City and appealed for financial aid from the City. Councilman Ludwig moved to de. fer action. Seconded by Mayor Hor- gan. Carried by the following vote: Yeas — Mayor Horgan. Council- men Ludwig, Pfohl, Takos. Nays—None. Absent—Councilman Kean. Petition of Gene P. Zumhof et al requesting that something be done to effect the removal of a nuisance, namely a dangerous huge rock pile, on the lot next to 1490 Kaufmann Ave., presented and read. Councilman Pfolhl moved that the petition be referred to the City Manager and Building Commissioner. Seconded by Mayor Horgan. Carried by the following vote: Yeas — Mayor Horgan, Council- men Ludwig, Pfohl, Takos. Nays—None. Absent—Councilman Kean. Petition of Midwest Developers Inc. requesting annexation of 40 acres of land south of Pennsyl- vania Avenue, presented and read. Mayor Horgan moved that the pe- tition be referred to the Planning do Zoning Commission. Seconded by Councilman Takos. Carried b the following vote: Yeas — Mayor Horgan, Council- men Ludwig, Pfohl, Takos.— NaysNone. Absent—Councilman Kean, May 14, 1964 Honorable Mayor and City Council Gentlemen: The Planning and 'Zoning Com- mission has approved the final plat. of Lots 1 through 4, Block 1, Lots 17 through 29. Block 2, Lots 1 through 13, Block 3. and Lot A of Marycrest Subdivision No. 2 in the City of Dubuque and approval of said plat by the City Council is recommended. Respectfully submitted, Dubuque Planning and Zoning Commission By Frank J. Glab. Secretary Councilman Ludwig moved that the recommendation of the Com- mission be approved. Seconded by Mayor Horgan. Carried by the fol- lowing vote: Yeas — Mayor Horgan. Council- men Ludwig, Pfohl, Takos. Nays—None. .Absent—Councilman Kean. RESOLUTION NO. 110-64 Resolution approving the plat of Lots 1 through 4 inclusive Block 1, Lots 17 through 29 inclusive Block 2, Lots 1 through 13 inclusive Block 3, and Lot A, Marycrest Subdivision No. 2 in the City of Dubuque, Iowa. Whereas, there has been filed with the City Clerk a plat in which: Lot 1 of Lot 1 of Lot 1 of Lot 1 Lot 1 of Lot 1 of Willy Place in the City of Dubuque, Iowa, is platted as Lots 1 through 4 Block 1, Lots 17 through 29 Block 2, Lots 1 through 13 Block 3 and Lot "A" of Marycrest Subdivision 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; and Whereas upon said plat appears streets to be known as Balboa Drive, Madera Street and also ease- ments for public utilities which the Owner upon s a i d plat has dedicated to the public forever; and y Whereas said plat has b e e n found to conform to the statutes IK) Special Session. May 18. 1964 and Ordinances relating thereto except that the streets have not been reduced to grade or paving. sewer, water or sidewalks installed therein; NOW THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF T H E CITY OF DUBUQUE. IOWA: Section 1. That the dedication of Balboa Drive and Madera Street, together with the easements for public utilities all as the same appears upon said plat, be and the same are hereby accepted and that said streets be and are hereby established as public streets in the City of Dubuque, Iowa; Section 2. That the plat of Lot 1 of 1 of 1 of 1 of 1 of 1 of Willy Place in the City of Dubuque, Iowa. which will hereafter be known as Lots 1 through 4 Block 1, Lots 17 through 29 Block 2, Lots 1 through 13 Block 3 and Lot "A" Marycrest Subdivision No. 2 in the City of Dubuque, Iowa, is hereby approved and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque upon said plat provid- ing the Owner of said property, hereinbefore named, executes writ- ten acceptance h e r e t o attached, agreeing: a. To reduce Balboa Drive and Madera Street to grade as shown by t h e profiles at- tached with the plat. b. To surface Balboa Drive and Madera Street for a width of 30 feet with 6" Portland Ce- ment Concrete or 8" Rolled Stone Base and 21,x" Asphal- tic Concrete Surface, accord- ing to the latest City of Du- buque specifications. c. To install sidewalks on both sides of Balboa Drive and Madera Street in accordance with t h e City of Dubuque Standard Specifications f o r Permanent sidewalks. d. To install water mains in ac. cordance with plans submit. ted with this plat. e. To install sanitary sewers and storm sewers in accordance w i t h plans submitted with this plat. f. To install sanitary sewer and water house laterals for each lot to behind the property line. g. To construct the foregoing improvements in accordance with plans and specifications approved by the City Man. ager and under the inspec- tion of the City Engineer. h. To maintain all street im- provements and sewer and water mains for a period of four (4) years from the date of its acceptance. i. To construct said improve- ments prior to November 30, 1965. j. To provide the foregoing con- struction and maintenance at the expense of the Owner, and further provided that George A. Saffran as Owner of said sub- division secure the performance of the foregoing conditions by pro- viding security in such sums and with such sureties as may be ac- ceptable to the City Manager; Section 3. That in the event George A. Saffran shall fail to execute the acceptance and pro- vide security provided for in Sec- tion 2 hereof within forty-five (45) days from the date of this Resolu- tion 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 18th day of May, A.D., 1964. Robert J. Horgan Mayor Richard Ludwig Peter J. Takos Eldon A. Pfohl Councilman Attest: Leo F. Frommelt City Clerk To Leo F. Frommelt, City Clerk: This is to certify that the securi- ty required for the foregoing Res- olution 110-64 has been provided by the Owner. Dubuque, Iowa, July 1, 1964. Gilbert D. Chavenelle City Manager ACCEPTANCE OF RESOLUTION NO. 110.64 George A. Saffran having read the terms and conditions of the foregoing Resolution 110-64 and being familiar with the contents thereof, hereby accepts the same Special Session, May 18, 1984 187 and agrees to perform the condi- tions therein required. George A. Saffran Dated June 17, 1984. Mayor Horgan moved adoption of the resolution subject to sub- divider agreeing to surface full length of Balboa Drive from Kane Street as platted. Seconded by Councilman Pfohl. Carried by the following vote: Yeas — Mayor Horgan. Council- men Ludwig, Pfohl, Takos. Nays—None. Absent—Councilman Kean. May 12, 1964 To the Honorable Mayor and City Council Gentlemen: The Thomas Place Sanitary Sewer has been completed in ac- cordance with plans and specifica- tions by Smittys Excavating Serv- ice. I recommend the acceptance of the improvement. Very truly yours, Gilbert D. Chavenelle City Manager Councilman Takos moved that the recommendation of the Man- ager be approved. Seconded by Councilman Pfohl. Carried by the following vote: Yeas — Mayor Horgan, Council- men Ludwig, Pfohl, Takos. Nays—None. FINAL ESTIMATE RESOLUTION NO. 111.64 WHEREAS, the contract for the construction of an eight -inch (8") sanitary sewer between Lincoln Avenue and Thomas Place begin- ning at the existing sanitary sewer in Lincoln Avenue at the S.E. 125' of Lot 99 of McCraneys 1st Addi- tion, thence westerly through said Lot to the N.W. 147' of Lot 99 of McCraneys 1st Addition, thence southerly to Lot 1—B of Lot 96 of McCraneys 1st Addition and northerly to Lot 2 of Lot 103 of McCraneys 1st Addition has been completed ans the City Engineer has submitted his final estimate showing the cost thereof includ- ing the cost of estimates, notices inspection, and preparing the as sesment and plat, now therefore BE IT RESOLVED, by the Cit Council of the City of Dubuque, That the cost of said improve ments is hereby determined to be $3,939.36. That $2,428.87 of the cost thereof shall be assessable opon private property and $1,510.49 shall be paid from the Sanitation Special assessment 182,1.1 Fund of the City of Dubuque. Passed, adopted and approved this 18th day of May 1964. Robert J. Horgan Mayor Richard Ludwig Peter J. Takos Eldon A. Pfohl Councilmen Attest: Leo F. Frommelt City Clerk Councilman Takos moved t h e adoption of the resolution. Sec- onded by Councilman Ludwig. Car- ried by the following vote: Yeas ---Mayor Horgan, Council- men Ludwig, Pfohl, Takos. Nays—None. Absent—Councilman Kean. (A Resolution Accepting improve- ment and Directing the Clerk to Publish Notice.) RESOLUTION NO. 112.64 WHEREAS, the contract for the construction of an eight-inch(8") sanitary sewer between Lincoln Avenue and Thomas Place begin- ning at the existing sanitary sewer in Lincoln Avenue at the S.E. 125' of Lot 99 of McCraneys 1st Addi- tion thence westerly through said Lot to the N.W. 147' of Lot 99 of McCraneys 1st Addition, thence southerly to Lot 1•B of Lot 96 of McCraneys 1st Addition and northerly to Lot 2 of Lot 103 of McCraneys 1st Addition has been completed and the City Manager has examined the work and filed his certificate stating that the same has been completed accordingo the terms of the contract, plans and specifications and recommends its acceptance, now therefore. BE IT RESOLVED, by the City Council of the City of Dubuque, that the recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted and the City Engineer be and is hereby directed to prepare a plat and schedule Y showing the lots or parcels of real estate subject improvement assessment said imps n d file the 168 Special Session, May 18, 1964 same in the office of the City Clerk subject to public inspection and said Clerk shall upon receipt of such plat and schedule publish the notice of the Council's inten- tion to levy special assessments therefor, as required by law. BE IT FURTHER RESOLVED, that the City Treasurer be and he is hereby directed to pay to the contractor from the funds to be realized from the sale of Server bonds issued upon the above de- scribed improvement in amount equal to the amount of his con- tract, less any retained percentage provided for therein. Passed, adopted and approved this 18th day of May, 1964. Robert J. Horgan Mayor Richard Ludwig Peter J. Takos Eldon A. Pfohl Councilmen Attest: Leo F. Frommelt City Clerk Councilman Takos moved t h e adoption of the resolution. Second- ed by Councilman Ludwig. Carried by the following vote: Yeas -- Mayor Horgan, Council- men Ludwig, Pfohl, Takos. Nays—None. Absent—Councilman Kean. RESOLUTION NO. 11364 RESOLUTION Approving Plat of River Front Subdivision Number 4 in the City of Dubuque, Iowa. WHEREAS there has been filed with the City Clerk a plat in which River Front Subdivision Number 4 in the City of Dubuque, Iowa is platted as Lots 1, 2 and 3 of River Front Subdivision No. 4 in the City of Dubuque, Iowa and, WHEREAS said plat has been examined by the City Plan Com- mission and had its approval en- dorsed thereon; and, WHEREAS said plat has been examined by the City Council and they find the same conforms to the Statutes and Ordinances relating thereto; NOW, THEREFORE, BE IT RE. SOLVED BY THE CITY COUNCIL OF T H E CITY OF DUBUQUE, IOWA: Section 1. That the above de- scribed plat be and the same is hereby approved and the Mayor and Clerk be and they are hereby authorized and directed to endorse the approval of the City upon said plat. Passed, adopted and approved this 18th day of May A.D., 1964. Robert J. Morgan Mayor Richard Ludwig Peter J. Takos Eldon A. Pfohl Councilmen Attest: Leo F. Frommelt City Clerk Mayor Horgan moved the adop- tion of the resolution. Seconded by Councilman Takos. Carried by the following vote: Yeas — Mayor Horgan, Council- men Ludwig, Pfohl, Takos. Nays—None. Absent—Councilman Kean. Proof of Publication, certified to by the Publisher, of Notice of Time and place of hearing on proposal to dispose of interest in Lot 1 of Block 8 River Front Sub. No. 3 and Lot 2 of River Front Sub. No. 4 to Dubuque Packing Company, presented and read. No written objections were filed and no ob- jectors were present in the Coun- cil Chamber at the time of the hearing. Councilman Takos moved that the proof of publication be re- ceived and filed. Seconded by Mayor Horgan. Carried by the fol- lowing vote: Yeas — Mayor Horgan, Council- men Ludwig, Pfohl, Takos. Nays—None. Absent—Councilman Kean. RESOLUTION NO. 11464 WHEREAS, pursuant to Resolu- tion and notice of time and place of hearing published in the Tele- graph -Herald, a newspaper of gen- eral circulation printed and pub- lished in the City of Dubuque, Iowa, on April 24, 1964, and on May 1, 1964 City Council of Du- buque, Iowa. met on the 18th day of May, 1964, at 8:30 o'clock P.M. (D.S.T.), same being a special meet- ing of the City Council of Dubuque, Iowa, in the City Council Chamber, in the City Hall, City of Dubuque, Iowa, to consider the proposal to dispose of interest in certain real estate at which hearing all inter- ested parties were afforded an op- Special Session, May 18, 1964 169 portunity to be heard for or against such proposal to dispose of interest of City of Dubuque, Iowa in and to the following described real estate, to wit: Lot 1 of Block 8. River Front Subdivision No. 3 in the City of Dubuque, Iowa, and Lot 2 of River Front Subdivision No. 4 in the City of Dubuque, Iowa, according to respective P l a t s thereof filed in Book of Plats No. 29 Page 361 and Pages 362- 363 in the office of the Recorder in a n d for Dubuque County, Iowa, subject to perpetual ease- ment retained and reserved; and WHEREAS, any and all objec- tions to the disposal of the interest of the City of Dubuque, Iowa in and to the above described real estate unto Dubuque Packing Com- pany are hereby overruled. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF DUBUQUE, IOWA: Section 1. That the disposal of the interest of the City of Du- buque, Iowa in and to the real estate hereinafter described unto Dubuque Packing Company for good and valuable consideration be and the same is hereby ap- proved, which real estate is de- scribed as follows, to wit: Lot 1 of Block 8, River Front Subdivision No. 3 in the City of Dubuque, Iowa, and Lot 2 of River Front Subdivision No. 4 in the City of Dubuque, Iowa, according to respective Plats thereof filed in Book of Plats No. 29 Page 361 and Pages 362- 363 in the office of the Recorder in and for Dubuque County, Iowa, subject to perpetual ease- ment retained and reserved. Section 2. That the Mayor and City Clerk are hereby authorized and directed to execute the Quit Claim Deed for and on behalf of City of Dubuque, Iowa conveying said real estate hereinabove de- scribed to Dubuque Packing Com- pany and to deliver the same upon receipt of a written release exe- cuted by Dubuque Packing Com- pany releasing and discharging any and all claims of Dubuque Packing Company in and to the sum of Eighty Thousand ($80,000.- 00) Dollars granted by said Packing Company to City of Dubuque, Iowa, in accordance with Resolution No. 553-52, passed, adopted and approv. ed by City Council of Dubuque, Iowa, on August 4, 1952, and assign- ing the said sum of $80,000.00 to City of Dubuque, Iowa absolutely and unconditionally, said amount of $80,000.00 to become and remain the sole, absolute and uncondition- al property of City of Dubuque, Iowa. Passed, adopted and approved May 18th, 1964. Robert J. Horgan Mayor Richard Ludwig Peter J. Takos Eldon A. Pfohl Attest: Leo F. Frommelt City Clerk Mayor Horgan moved the adop- tion of the resolution. Seconded by Councilman Takos. Carried by the following vote: Yeas — Mayor Horgan, Council- men Ludwig, Pfohl, Takos. Nays—None. Absent --Councilman Kean. Proof of Publication, certified to by the Publisher, of Notice of Pendency of Resolution of Neces- sity for public improvements and Hearing upon proposed plans speci. fications, form of contract and cost of improvements for the con- struction of a storm sewer in Fourth Street from the existing storm sewer between 3rd and 4th street thence easterly across the Chicago, Burlington & Quincy Railroad Company tracks to a point approximately 125 feet from the beginning thence northerly to 4th St. thence easterly to the in- tersection of 4th St. & 8th St., pre- sented and read. No written objections were filed and no oral objectors were present in the Council Chamber at the time and date set for hearing. Mayor Horgan moved that the proof of publication be received and filed. Seconded by Councilman Takos. Carried by the following vote: Yeas — Mayor Horgan, Council- men Ludwig, Pfohl, Takos. Nays—None. Absentr—Councilman Kean. (Necessity for Improvement) RESOLUTION NO. 76.64 Whereas, proposed plans, speci- fications, form of contract have been duly prepared and approved 170 Special Session, May 18, 1964 by the City Council of the City of Dubuque and are now on file in the office of the City Clerk show ing among other thir�, the follow- ing: 1. The street to be improved. 2. The plan of such improve- ment. 3. Ar estimate of the cost of the prnr;,;ed improvement. For the construction of a storm sewer in Fourth Street from the ex- isting storm sewer betA•;een Third Street and Fourth Street, thence easterly across the Chicago, Bur- lington and Quincy Railroad Com- pany tracks to a point approxi- mately 125 feet from the begin- ning, thence northerly to Fourth Street, thence easterly to the in- tersection of Fourth Street and Sixth Street. Be It Therefore Resolved that the City Council on its own motion or upon petition of property own- ers, deems it advisable and neces. sary for the public welfare to make the herein mentioned improve- ment, and unless property owners at the time of the final considera- tion of this proposed resolution have on file with the City Clerk ob- jections to the amount of the cost of improvement, they shall be deemed to have waived all objec- tions thereto. Said imrovement shall be con- structed and done in accordance with the plans and specifications which have been prepared therefor by the City Engineer which have been approved by the City Coun- cil and are now on file with the City Clerk, That the cost and ex. Pease of making said improvement will be paid from the Kaufmann Avenue Storm Sewer Fund. The above resolution was intro- duced, approved and ordered placed on file with the City Clerk this 20th day of April, 1964. Approved and placed on file for final action. RECORD OF FINAL ADOPTION The foregoing resolution was fi- nally passed and adopted, as pro- posed, by the City Council this 18th day of May 1964. Robert J. Morgan Mayor Richard Ludwig Peter J. Takos Eldon A. Pfohl Councilmen Attest: Leo F. Frommelt City Clerk Councilman Takos moved the adoption of the resolution. Second. ed by Mayor Horgan. Carried by the following vote: Yeas — Mayor Horgan, Council. men Ludwig, Pfohl, Takos. Nays—None. Absent—Councilman Kean. (Ordering Construction) RESOLUTION NO. 11564 Be It Resolved by the City Coun- cil of the City of Dubuque that Pursuant to a Resolution of Ne- cessity No. 76-64 which was duly passed by this Council for the con- struction of a storm sewer in Fourth Street from the existing storm sewer between Third Street and Fourth Street, thence easterly across the Chicago, Burlington, and Quincy Railroad Company tracks to a point approximately 125 feet from the beginning, thence north. erly to Fourth Street, thence east- erly to the intersection of Fourth Street and Sixth Street. Be and the same are hereby or- dered and constructed by this Council upon its own motion and with or without the petition of the Property owners. All the work shall be constructed in accordance with the plans and specifications here- tofore adopted and now on file in the office of the City Clerk. Be It Further Resolved that the cost and expense of the said im- provement be paid from the Kauf. mann Avenue Storm Sewer Fund. Be It Further Resolved that this resolution being deemed urgent and of immediate necessity shall be in force and effect from and after its passage and adoption by the City Council. Passed, adopted and approved this 18th day of May, 1964. Robert J. Horgan Mayor Richard Ludwig Peter J. Takos Eldon A. Pfohl Councilmen Attest: Leo F. Frommelt City Clerk Councilman Takos moved the adoption of the resolution. Second- ed by Councilman Ludwig. Car- ried by the following vote: Yeas —Mayor Horgan, Council- Spe(ial Session, May 18, 1984 1.71 men Ludwig, 11fohl, Takos. Nays—None. Absent—Councilman Kean. Proof of Publication, certified to by the Publisher, of Notice to Con- tractors of the receipt of proposals for the construction of the 4th street storm sewer, presented and read. Mayor Morgan moved that the proof of publication be re- ceived and filed. Seconded by Councilman Takos. Carried by the following vote: Yeas — Mayor Horgan, Council- men Ludwig, Pfohl, Takos. Nays—None. Absent—Councilman Kean. May 18. 1964. To the Honorable Mayor and City Council Gentlemen: Bids were received until 10:00 A.M., DST, Monday, May 18, 1964 for the Fourth Street Storm Sew- er. The lowest bid received was submitted by Saffran Construction Company of Dubuque, Iowa. The low bid was 13.52% under the es- timate. A tabulation of bids re- ceived are attached. I recommend that the contract for the improvement be awarded to the Saffran Construction Com- pany. Very truly yours, Gilbert D. Chavenelle City Manager Councilman Pfohl moved the ap- proval of the recommendation. Seconded by Councilman Takos. Carried by the following vote: Yeas — Mayor Horgan, Council- men Ludwig, Pfohl, Takos. Nays ---None. Absent—Councilman Kean. (Awarding Contract) RESOLUTION NO. 116.64 WHEREAS, sealed proposals have been submitted by contrac• tors for the construction of a storm sewer in Fourth Street from the existing storm sewer between 3rd St, and 4th St., thence easterly across the Chicago, Burlington, & Quincy Railroad Company tracks to a point approximately 125 feet from the beginning, thence north- erly to 4th St., thence easterly to the intersection of 4th St. & 6th St. pursuant to Resolution No. 115-64 and notice to bidders published in a newspaper published in said City on 4-24, 1964 and 5.1, 1964. and WHEREAS, said sealed proposals were opened and read on May 18, 1964, and it has been determined that the bid of Saffran Construc- tion Co. of Dubuque, Iowa in the amount of $16,166.00 was the low- est bid for the furnishing of all labor and materials and perform- ing the work as provided for in the plans and specifications; now therefore, BE IT RESOLVED by the City Council of the City of Dubuque that the contract for the above mentioned improvement be award- ed to Saffran Construction Co. of Dubuque, Iowa and the Manager be and he is hereby directed to exe- cute a contract on behalf of the City of Dubuque for the complete performance of said work. BE 1T FURTHER RESOLVED, that upon the signing of said con- tract and the approval of the con. tractors bond the City Treasurer is authorized and instructed to re- turn the bid deposits of the unsuc. cessful bidders. Passed and adopted this 18th day of May, 1964. Robert .1. Morgan Mayor Richard Ludwig Peter J. Takos Eldon A. Pfohl Councilmen Attest: Leo F. Frommelt City Clerk Councilman Takos moved the adoption of the resolution. Second- ed by Councilman Ludwig. Carried by the following vote: Yeas — Mayor Horgan, Council- men Ludwig, Pfohl, Takos. Nays—None. Absent—Councilman Kean. RESOLUTION NO. 111-64 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. George Weis, 400 East 22nd Street. BE IT FURTHER RESOLVED that the bonds filed with the ap- plication be approved. Passed, adopted and approved this 18th day of May, 1964. 1712 I Session, May 18, 1964 Robert J. Horgan Mayor Richard Ludwig Peter J. Takos Eldon A. Pfohl Councilmen Attest: Leo F. Frommelt City Clerk ('ouncilman Ludwig moved the adoption of the resolution. Sec. onded by Councilman Takos. Car- ried by the following vote: Yeas — Mayor Horgan, Council- men Ludwig, Pfohl, Takos. Nays—None. Absent—Councilman Kean. RESOLUTION NO. 118-64 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 Cloetta L. Rieke, 55 East 7th Street Ralph Warren, 1700 Central Ave- nue Passed, adopted and approved this 18th day of May, 1964. Robert J. Horgan Mayor Richard Ludwig Peter J. Takos Eldon A. Pfohl Councilmen Attest: Leo F. Frommelt City Clerk Councilman Ludwig moved the adoption of the resolution. Sec- onded by Councilman Takos. Car- ried by the following vote: Yeas — Mayor Horgan, Council- men Ludwig, Pfohl, Takos. Nays—None. Absent—Councilman Kean. RESOLUTION NO. 119.64 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 di- rected to issue to the following named applicants a Beer Permit. CLASS "B" BEER PERMIT Cloett.a L. Ricke, 55 East 7th Street Ralph Warren, 1700 Central Ave- nue BE IT FURTHER RESOLVED that the bonds filed by such ap- plicants be and the same are here- by approved. Passed, adopted and approved this 18th day of May, 1964. Robert J. Horgan Mayor Richard Ludwig Peter J. Takos Eldon A. Pfohl Councilmen Attest: Leo F. Frommelt City Clerk Mayor Horgan moved the adop tion of the resolution. Seconded by Councilman Takos. Carried by the following vote: Yeas — Mayor Horgan, Council- men Ludwig, Pfohl, Takos. Nays—None. Absent—Councilman Kean. Mayor Horgan moved that this meeting be adjourned to a Special meeting to be held at 11:00 A.M. Central Standard Time on Wednes- day, May 20, 1964, in the Council Chamber at the City Hall. Seconded by Councilman Takos. Carried by the following vote: Yeas — Mayor Horgan, Council- men Ludwig, Pfohl, Takos. Nays—None. Absent—Councilman Kean. Leo F. Frommelt City Clerk Approved AU9U 3 t ZO 1964 Adopted ....All . .. .... .Q ..... ..... ......... ..... Councilmen: 1 .�� ..........v`....� L Attes. ..................... .City Clerk Adimirned Special Session, flay 20, 1964 173 CITY COUNCIL OFFICIAL Adjourned Special Session, May 20, 1964. Council met at 11:00 o'clock A.M. Central Standard Time (12:00 Noon D.S.T.) Present — Mayor Horgan, Coun- cilmen Kean, Ludwig, Pfohl, Takos. City Manager Gilbert D. Chave- nelle. Mayor Horgan read the call and stated that service thereof had been duly made and this meeting is an adjourned meeting of the spe- cial meeting of May 18, 1964, for further consideration of bids for the construction of the Parking Ramp and proceedings for the is- suance of Parking Facilities Reve- nue Bonds in the amount of $1,250,000, and acting on any other business which may properly come before the meeting. Communication of City Manager Chavenelle, which was previously presented and read at the meeting of May 18th and referred to the Council at that session, recom- mending the awarding of the Con- tract for the construction of the Locust Street Parking Garage was again presented and read. The City Manager submitted a synopsis of the difference between the preliminary figures contained in the letter report of DeLeuw Ca- ther, the increased preliminary fig- ures totalling $790,000 as present- ed to the members of the Council when they were asked to consider a bond issue of $1,250,000, the final engineers estimate based upon de- tailed plans and specifications, and the construction bids as received May 18, 1964. The low bid received for the construction of the Park- ing Garage was 7.44 percent lower than the engineer's estimate an for the total construction was 7.1.. percent lower than the estimate Mayor Horgan moved that the rule. be suspended in order to let any one present address the Council i they so desire. Seconded by Coun cilman Takos. Carried by the fol lowing vote: Yeas — Mayor Horgan, Counci men Kean, Ludwig, Pfohl, Takos. Nays—None. Some discussion arose relativ to the overall bid submitted by J. P. Cullen & Son Corporation. Mr. Cullen addressed the Council by stating that the price quoted by his firm is for the completed job of the structure including the streets and sewers. A question of policy arose whether or not the street work around the ramp should be included iJ the overall ramp project, as the City's policy in the past had been to charge at least part of the cost of street im- provements to the abutting prop- erty owners. It was clearly brought out that the streets must be changed and brought to grade to accomodate the traffic flow into and out of the ramp structure. Therefore it is reasonable to as. sume that even though the abut- ting property owners would bene- fit, the cost should not be borne by them due to the building of the structure. Members of the Engi- neering Department stated that if the structure would not be built they could see no justification for constructing a street or streets at the present time in the Eighth and Ninth street area. Mr. Cullen ad- dressed the Council by stating that his firm would not agree to sepa- rate the street work around the ramp structure from the main ramp project. He further stated that the street work figure in his bid was merely a bookkeeping figure. Councilman Ludwig moved that the recommendation of the City Manager as to the acceptance of the of J. P. Cullen & Son Corpora- tion in the amount of $1,074,731, be approved for the construction of the Locust Street Garage and that the City Manager be author- ized to issue letter of intent to enter into contract for construc- tion of such facility, subject to the approval of the contractor by the consulting Engineering Firm, and d9subject to the financing of said project by the issuance and sale of Revenue Bonds in the total amount of $1,250,000. Seconded by s Councilman Kean. Carried by the f following vote: Yeas — Mayor Horgan, Council- men Kean, Ludwig, Takos, Nays—Councilman Pfohl. 1 ORDINANCE NO. 13.64 An Ordinance authorizing and providing for the issuance and ,. securing the payment of $1,250,• Adiourned Special Session, May 20, 1964 000 Parking Facilities Revenue Bonds of the City of Dubuque, Iowa, under the provisions of Chapter 390 of the Code of Iowa, as amended, for the purpose of defraying the cost of acquiring additional off-street rn o t o r vehicle parking facilities in and for said City, presented and read. Councilman Takos moved that the reading just had be considered the first reading of the Ordinance. Seconded by Councilman Ludwig. Carried by the following vote: Yeas — Mayor Horgan. Council- men Kean, Ludwg, Pfohl, Takos. Nays—None. Councilman Takos moved that the rule be suspended requiring an Ordinance to be read on three separate days. Seconded by Coun- cilman Ludwig. Carried by the fol- lowing vote: Yeas — Mayor Horgan, Council- men Kean, Ludwig. Pfohl, Takos. Nays—None. ORDINANCE NO. 13.64 AN ORDINANCE authorizing and providing for the issuance and securing the payment of ;1,250,000 Parking Facilities Revenue Bonds of the City of Dubuque, Iowa, under the pro- visions of Chapter 390 of the Code of Iowa, as amended, for the purpose of defraying the coat of acquiring additional off- street motor vehicle parking facilities In and for said City. WHEREAS the City of Dubuque, in Dubuque County, IOKa, has heretofore established a system of public motor vehicle parking fa- cilltles in said City consisting of both on -street parking meters and off-street parking facilities and has established regulations for the time and operation thereof in order to properly regulate and control traffic upon the congested streets within said City; and WHEREAS the location and physical characteristics of the busl- flees area, together with the in- cTeased use by the public of motor vehicles has caused serious traffic congestion In the streets of the business sections of said City, thus preventing the free circulation of traffic hi, through and from said City, impeding the rapid and ef- fective handling of fires and op- eration of police forces, and en- dangering the health, safety and welfare of the general public, and It has been heretofore found and determined, following a public hearing conducted In the manner and as authorized and provided In Section 390.1 of the Code of Iowa, 1902, as amended, that public con- venlence and necessity will be. served by adding to, extending; and Improving said system of pub- lic motor vehicle parking facili- ties as contemplated and recom- mended by the "Letter Report to the City Council and City Man- ager, Dubuque, Iowa, on the Pro- posed Locust Street Parking t.a- rage" dated December 10, 1963. prepared by De Leuw, Cather & Company, Consulting Engineers, and now on file with the Pity Clerk. and consisting of acquiring the real estate not now owned by the City In the block bounded by Locust, Sluff. Eighth and Ninth Strecti- in said City and construct- ing in saki block a multi-level re- inforoed concrete motor vehicle parking structure having a floor area of approximately 160,000 square feet; and WHEREAS traffic conditions upon the streets of said City are. such as to necessitate and require for the public benefit safety and convenience of said 6ty and its Inhabitants that said parking structure be acquired, maintained and operated by said City in order that motor vehicular traffic con- Cestion upon the streets of said ity be alleviated and properly controlled and WHEREAS the cost of acquir- ing said additional public motor vehicle parking facilities has Leen estimated to be $1,539,186. of which 1289,285 Is to be paid from cash on hand, and as authorised under the provisions of Section 190.9 of the Code of IOWA, 1962, as amended, It is neoussiry that revenue bonds of said City be issued to the amount of 11,250,000 to pay the bal- ance of such cost; and WHEREAS a notice of the in- tention of the Council of said Pity to take action for the Issuance of 11,250,00 Parking Facilities Reve- nue Bonds of said City has bcreto- fore been given In the manner end form required by Section 23.12 of the Code of Iowa and no petition nor prottat has been filed, and no Fee has been filed in ins of- fice of the City Clerk nuking that the proposition of Issuing said bonds be submitted to the voters of said City; and WHEREAS it to the desire and Intent that the provision be made In and by this ordinance for the issuance of such revenue bonds for the purpose aforesaid and to set forth herein the terms and cunell- tions upon which said revenue bonds and any additional revenue bonds ranking on a parity there- with are to be and may be Issued and outstanding, to set forth the covenants and undertakings of the City with respect to the operation and maintenance of the said sys- tem of public motor vehicle park- ing tacllitles and to restrict the rights of the holders of said reve- nue bonds from time to time out- standing in the source of payment of the interest on and principal of said revenue bonds and in the en- forcement thereof; NOBS', THEREFORE, Be It Or- dained by the City Council of the City of Dubuque, Iowa, as follows: Section 1. That for the purpose of defraying the coat of acquiring additional public motor vehicle City Sot Dubuque, Iowa, in and for the to in the preamble hereof, there be and there are hereby au- thorised to be issued the nego- tiable Interest bearing revenue bonds of said City of Dubuque, in the principal amount of 11,250,000, each of which shall be known and designated as a "Parking FACili- lies Revenue Bond," bearing date of June 1, 1961, numbered I to 250, inclusive, of the denomination of Adjourned Special Session, May 20, 1964 175 1,000 each. The bonds of said issue shall bear interest at the rate of Five per cent (676) per annum or at ouch lower rate or rates as may pe dermined At time of the ublaSale of said tbonds, such in- terest to be payable January 1, 1965, and semiannually thereafter on Januhe - ary etach yeart days �y Said bonds shall mature in numerical order on January 1 of the respective years as follows: ear 1966Year A;25,000 mount 1981 Amount;46,00 1967 25,000 1982 45,000 1968 2b,000 1983 45,000 1969 25,000 1964 511,000 1970 25,000 1985 50,000 1971 30,000 1986 50,000 1972 50,000 1987 55,000 00 1973 30,000 1988 1974 30,000 1989 60,000 1975 35,000 1990 60,0oo 1976 35,000 1991 65,000 1977 35,000 1992 65,000 190 1993 65,00 79 4078 ,000 1994 70,000 1980 40,000 provided, however, that by reason of the reasonable assurance the City will have revenue funds avail- able from time to time for the re- tirement of bonds prior to maturl- ty and also to enable said City to re -finance said bonds at a lower interest rate, It in advantageous to the City to reserve the right and option to prepay and redeem bonds numbered 82 to 250, inclusive, ma - turfing on and after January 1, 1972, from available revenues of the eye - tem prior to maturity In whole, or from time to time In part in in- verse order of maturity (less than all of one maturity to be selected by lot) on any Interest payment date on or atter January 1, 1971, and It is agreed that It said City exercises such right of prepayment and redemption. In addition to par and accrued interest to the re- demption date it -will pay for this privilege to the holders of the bonds so to be prepaid and redeemed a redemption premium equal to three per cent (3%) of the prin- cipal amount of any of such bonds called for redemption on January 1, 1971, and if called for redemp- tion thereafter, the amount of such premium to be so paid shall be reduced at the rate of % of one Per cent of the principal amount for each full year that the redemp- tion date 1a subsequent to January 1, 1971, and the right Is also re- served to the City to prepay and redeem bonds numbered 67 to 260. Inclusive, maturing on and after January 1, 1976, from any funds regardless of source prior to ma- turity 1n whole on any date on or after January 1, 1976, and It Is agreed that If said City exercises such right of prepayment and re- demption. In addition to par and accrued Interest to the redemption date it will pay for this privilege to the holders of the bonds so to be prepaid and redeemed a re- demption premium equal to four per cent (446) of the principal a mount of any of such bonds if called for redemption on or prior to December 31, 1978; three per cent (8%) of the principal amount thereof If called for redemption thereafter and on or prior to De- cember 31, 1982• two per cent (2%) of the princlpai amount thereof if called for redemption thereafter and on or prior to December 81, 1986; one per cent (I%) of the principal amount thereof if called for redemption thereafter and on or prior to December 31, 1990; and upon terms of par and accrued in- terest without premtum It called for redemption thereafter and pri- or to maturity. In the event any of said bonds are to he so prepaid and redeemed, as aforesaid, notice thereof Identifying the bond or bonds to be redeemed, shall be given by registered mail address- ed to the hast known holders of all bonds to be redeemed at least thirty (30) days prior to the re- demption date and shall also be published at least once not less than thirty (80) days prior to the redemption date In a financial newspaper or journal published in the City of New York, New York. In the event any of said bonds are called for redemption on any date other than an interest pay- ment date, an additional publica- tion of such notice shall be made not more than thirty (80) days nor iess than fifteen (I5) days prior to the redemption date. All of such bonds thus called for prepayment and redemption and for the re- tirement of which, upon the terms aforesaid, funds are duly provided shall cease to bear interest from and atter the date as of which they are called for redemption. Both principal and interest of said bonds shall be payable in lawful money of the United States of America at the office of the City Dubuque Dubuque, Iowa. d of tCity All of said bonds and the interest thereon, to- gether with any additional bonds ranking on a parity therewith that may be issued and outstanding un- der the conditions and restrictions hereinafter met forth shall be pay- able solely from the bond and In- terest redemption sinking fund hereinafter created, and shall be a valid claim of the holder there- of only against said fund, re none of Bald bonds shall be a gen- eral obligation of said City nor ation, but said ble in any snand such ad - on it par tY herbonds ewth shalleissued be pay- able, both as to principal and In - future ne el leve an of from sa d m- proved system of public motor ve- hicle parking facilities pledged therefor as hereinafter provided, end unces sad City rhe ineanymatalmanner liablie net reasonof the to be failure ufficient�for the paymnt of maid bonds and in- tereat thereon. Section 2. Thst said bonds and coupons shall be in substantially the following form: o m:(Form Bond) UNITED STATES OF AMERICA STATE OF IOWA COUNTY OF DUBUQUE CITY OF DUBUQUE PA ARICTNQ REVENUE BOND FACILITIES Number 16000 KNOW ALL MEN BY THE8E PRgqESENTS: That the City of Du- anduState the of Iowa,t tort alueu reg- calved, promises to pay to bearer, or If this bond provided regia a e the hereinafter pro solely registered holder hereof, from the source herelnafter speci- Dodllarehe(;60000) onFthe first qday of January, 19 0 1 and to pay 176 Adjourned Special Session, May 20, 1984 Interest on said sum from the date hereof at the rate of per cent (_%) per annum, pay- able January 1, 1966, and seml- annually thereafter on the first days of July and January In each year until said principal sum to Raid, ezcept as the provisions orelnafter met forth with respect to redemption prlor to maturity may be and become applicable hereto, such interest an may ac- crue on and prior to the maturity of this bond to be paid on presen- tation and surrender of the Inter- est coupons hereto attached as they severally become due; both principal and Interest being pay- able In lawful money of the United States of America at the office of the City Treasurer In and of the City of ilubuque, Iowa. This bund is one of a series of b o n d s numbered consecutively from 1 to 250, inclusive, issued by said City ppursuant to the provi- sions of Chspier 390 of the Code of Iowa, 1962, and all other laws amendatory thereof and supple- mental thereto, and in conformity with an ordinance of the City Council of said City duly and fl- nally passed on the 20th day of May, 1964, and publlmhed as re- qulred by law, for the purpose of defraying the cost of acquiring ad- ditionalppublic motor vehicle park - Ing facliftiem In and for said City and Is not a general obligation of Bald City, but this bond and the series of which It forms a part, together with any additional bonds that may be Issued and outstand- ing from time to time ranking on a parlty therewith under the con- ditions and restrictions set forth In said ordinance, are payable as to both princlpal and interest solely and only out of future net revenues of the system of public motor vehicle parking facilities a sufficient portion of which are re- quired by said ordinance to be de. Posited In a special fund dealggnat- ed am the Parking Facilities Revenue Bonds Sinking Fund" and which ars ppledged for that pur- bligatl nlsof said Ciond Is t on r general in any manner b y Payable shall the City of Dnubuqutaxatle bn be In any manner liable by reason of fot Id special fund being insufficient he Payment of this bond and the Interest hereon. Said City of Dubuque hereby reserves the right and option to PrePaY and redeem bonds of this Issue numbered 32 to 260, lnclu- slve, maturing on and after Janu- ary 1, 1972, from available rev- enues of the system prior to ma- turity in whole, or from time to time in part in Inverse order of maturity (leas than all of one ma- turity to be selected by lot) on any interest Payment date on or after January 1, 1971, and said City agrees that If It exercises said right and oPtlon. In addition to par and accrued Interest to the re- demption sdate, It will paY for this to privilege the holders of t h e bonds o to be prepaid and re- deemed a redemption premium equal to three per cent (j%) of the principal amount thereof If called for redemption on January 1, 1971, and if called for redemp- tion thereafter, the amount of such premium to be so paid shall be reduced at the rate of 1i of one per cent of the principal amount for each full year that the redemption date is subsequent to January 1, 1971, and said City also reserves the right and option to prepay and redeem bonds of this Issue numbered 67 to 260, tn. elusive, maturing on and after January 1, 1976, from any funds regardless of source prior to ma- turity In whole on any date on or after January 1, 1976, and said City agrees that If It exercises said right and option, in addition to redemption ar and date a It Interest Y f this privilege to the holders of the bonds so to be prepaid and re. deemed a redemption premium equal to four per cent (4%) of the principal amount of any of such bonds If called for redemption on or prior to December 31, 1978; three per cent (3%) of the prin. cipal amount thereof If called for redemption thereafter and on or prior to December 31, 1982; two per cent (2%) of the principal amount thereof if called for re- demption thereafter and on or Prior to December 31, 1986; one per cent o%) of the principal amount thereof If called for re- demption thereafter and on or prior to December 31, 1990; and upon terms of par and accrued Interest without premium if called for redemption thereafter and prior to maturity. In the event any of said bonds are called for redemption prior to maturity as aforesaid, notice of such redemp- tion, Identifying the bond or bonds to be redeemed, will be given by registered mail addressed to t h e last known holders of all bonds to be redeemed at least thirty (30) days prior to the redemption date and will also be published at least once not less titan thirty (30) days prior to the redemption date in a financial newspaper or journalpub- limbed In the City of New Tork, New York. In the event any of said bonds are called for redemp- tion nn any date other than an In- terest payment date, an additional publication of such notice will be made not more than thirty (30) days nor less than fifteen (16) days prior to the redemption date. Such of said bonds as may he thus called for redemption and for the payment of which, upon the terms aforesaid, funds are duly provided will cease to bear Interest from and after the date as of which they are called for redemp- tion. This revenue bond and the ap- purtenant Interest coupons are payable to bearer but this bond may be registered as to principal only in the name of the holder on the books of said City of Dubuque In the office of its City Treasurer, and such registration will be evi- denced by nutation hereon to that effect by said City Treasurer as Registrar after which no transfer hereof shall be valid unless made on said books and similarly noted hereon, but such registration may be discharged by registered trans- fer to bearer after which this revenue bond shall be again pay- able to bearer. Each successive holder of this revenue bond during such time as it in payable to bearer, and each successive holder of the interest coupons hereto at- tached, Is conclusively presumed to forego and renounce his and their equities in favor of aubse- quenl holders for value without notice and to agree that this rev- enue bond while payable to bear- Adjourned Special Session, May 20, 1964 177 er, and each of the Interest cou- pons hereunto appertaining,may be negotiated byssession by thereof peron having Po howsoever such possession may have holder �who een ashall ehave takend, and this revenue bond or any of heter- eat coupons from any person for value and without notice thereby has acquired absolute title there- to free from any defenses enforce- able against any Prior holder and free from ail equltlea and claims older.For ownership a m o r ec suomp rior 1lete statement o which thisrevenue bond has been Issued and aarity the, a Ithal reven ondmaynbe rank- ing onn a a parity Issued and outetandlnR. and a de- scription of the source of payment of all such revenue bonds, and the the provisions aofethe aforesaid which or- dinance may be modified and a statement of the rights, duties and obligations of said City of Du- buque and the rights of the hold- ers of the revenue bonds, refer- ence in made to said ordinance. And It is hereby certified, re- cited and declared, that all acts, conditions and things required to exist, happen and be performed precedent to and In the issuance of this bond and the series of which It Is a Part, have existed, have happened and have been per- formed In due time, form and manner, as required by law, and that the issuance of this bond does not exceed or violate any con- stitutional or statutory limitation or provision. IN WITNESS WHEREOF, said City of Dubuque, by Its City Council, has caused this bond to be signed by its Mayor and at- tested by its City Clerk with the seal of said City affixed and the coupons hereto attached to be ex- ecuted with the facsimile signa- ture of the said City Clerk, which official by the execution of this bond, does adopt as and for his own proper signature his facsimile signature appearing on Bald cou- pons this first day of June, 1864. Mayor Attest: City Clerk (Form of Coupon) No.— i On , l8—, the City of Dubuque, Iowa, will pay to bearer out of its Parking Facilities Revenue Bunds Sinking Fund i)ollars (lt) at the office of the City Treasurer, Du- buque, Iowa, as provided In and for Interest then due on Its Park- ing Facilities Revenue Bond dated June 1, 7864, Numbered - City Clerk On the back of each bond there shall be printed the certificate of the City Treasurer In the following form: "The Issuance of this bond has been duly and prolierly recorded In my office us of the first day of June, 7864. Treasurer of the City of Dubuque, Iowa." There shall also be printed on the back of each bond provisions In the following form for evi- dencing its registration as to principal: Name of Registered Owner Date of Registration Signature of City Treasurer Section 3. That said revenue bonds shall be registrable as to princIW In accordance with the provisions for registration herein- above provided, and the City 'Treasurer is hereby appointed and designated Registrar for such pur- pose. No charge shall be made to any holder of said bonds for the privilege of registration or trans- fer thereof. Section 4. That said bonds shall he signed by the Mayor and at- tested by the City Clerk, witli the sea) of the City affixed, and the interest coupons attached thereto shall be executed by said ture, andsaid by said official, by bythe egna- ex- ecutlon of said bonds shall adopt an and for his own proper signa- ture his facsimilie signature ap- pearing on such coupons. When and as executed, said bonds shall be to belibyrhamothe City duly recorded Treasurer am to Issuance and said Treasurer shall sign the certificate hereinbefore set out In Section 2 and endorsed upon the back of each of said bonds e purchaserlithereofUpon idbonds pay- ment of the purchase price. same to be not less than par and ac- crued interest. Section 6. The proceeds of the ponds hereby authorized shall be deposited in a Construction Fund, which is hereby oortin a ordered ted. and shall aptlithe additional cost of accquit the ng Public motor vehicle parkingR facili- ties as hereinbefore desert ed laded expenses incident thereto, p that all sums received as accrued interest In the issuance and sale of the bonds F alflltllee paid into the Iarking nue Bonds Sinking F expend) einaf for created. Pending said authorized purpose the bal- ance of the proceeds of the bonds shall be deposited In a bank or banks and each such 4 " telt to the extent it c eulaa 7th Y ag anytesuch puslta LY of bank to b ullaterallYassecured by shall be direct bonds ofllghelSInt ton guaranteed Of te America having a market value equivalent to such depoal . 178 A,dioumed Special Session, May 20, 1984 bursements of said proceeds for the cost of construction work and materials shall be made on orders nd of the City Council only as when approved by the engineer supervising such proceedstlof satid balance of the P bonds remaining after the comple- tlo of the construction of said additional parking facilities shall be deposited in the Renewal and improvement Fund. Section 6. That upon the Issu- ance of the bonds hereby author- ized and thereafter so long as any of said bonds or any additional bonds ranking on agparity there- with of public motor hl cle parking the tfa ellitles of said City, together with all future extensions and additions thereto, and consisting of both on -street parking meters and off- street parking facilities shall be operated as a revenue producing undertaking. The rates charged by said City for the use of and services furnished by said parking system shall be such reasonable rates as will be sufficient to Pay for the operation and maintenance thereof and to create and main- tain the Parking Facilities Reve- nue Bonds Sinklgg Fund and the Bond Reserve Fund In t h e amounts as hereinafter provided. From and after the issuance of the bonds hereby authorized the income and revenues from the off- street parking facilities of said system, including rentals from the lease of ane property constituting a part of the system or air rights over anyppart of the system, shall be set aside into a separate and special fund and shall be used and disbursed by the City Council to the extent necessary each month In maintaining and operating said off-street parking facilities, and the balance thereof shall be classi- fied as "net off-street parking revenues" and are hereinafter re- ferred to as such. In like manner from and after the issuance of said bonds the income and reve- nues from the on -street parking facilities of mall system shall be set aside Into a separate and spe- clal fund and shall be used and disbursed by the City Council to the extent necessary each month In maintaining and operating said on -street parking facilities and necessary traffic control expenses and may also be so used and dis- bursed, to the extent that funds are not available from other sources, fur the purchase of ad- ditional on -street parking meters and fac) itlea; provided, that the aggregate of all such operation, Maintenance and traffic: control expenses and cost of additional on -street Parklul meters and fa- ollities shall not In any one ruunth exceed twenty-five per cent of the Income and revenues from such on,etreet parking facilities of said system during that month, and the balance of Bald Income and reve- nues from the on -street Narking facilities shall be classil�led as ' clot oil -street parking revenues" and are hereinafter referred to us much. There aball be and there Is hereby created and there shall be tnalotalned a special fund to be known am the . Parkinf� Facilities Revenue 1301)014 Sinking Fund" (hereinafter sumetlm(s referred to us the "Blnkin Fund") into which there shall be set amide from the aggregate of the list off-street parking revenuem and the net un - street parking revenues such por- tion thereof as will he sufficient to pay the interest on and prinel- pai of the bonds hereby authorized and any additional bonds ranking on a parity therewith at the time outstanding as the same become due, and it is hereby determined, covenanted and agreed that the minimum amount to be so set aside Into said Sinking Fund dur- ing each month of each year shall be not less than as follows: A sum equal to one-tenth (1/10th) of the principal of all bonds maturing on the Janu- ary 1 next succeedingg pplus a sum equal to one-fifth (1/5th) of the Interest becoming due on the next succeeding inter- est payment date on all of the then outstanding bonds issued pursuant to this ordinance and bonds ranking on a parity therewith until there has been accumulated in such fund an amount equal to the full amount of the next succeeding principal payment and Interest payment on said then out- standing bonds maturing in such year; provided, however, that no further payments need be made Into said Sinking Fund whenever and so lung as such amount of the bonds shall have been retired that the amount then held in such fund (including the Bond Its - serve Fund hereinafter cre- ated) is sufficient to retire all such outstanding bonds and Yay the entire amount of the nterest that will have ac- crued at the time of such re- tirement. Suchpayments into said Sinking Fund shall be made In monthly Installments on the first day of each month, except that when the first day of any month shall be a Sunday or a legal holiday then such payments shall be made on the next succeeding secular day. In the event the balance of un- allocated net off-street parking revenues and net on -street parking revenues are inadequate to make any one or more required month- Iy payments into the Sinking Fund the deficiency shall be made up and paid as aforesaid from the first available revenues thereafter received, and same shall be In ad- dition to payments otherwise pro- vided to be made in such succeed- ing month or months. Said Sinking Fund shall be used solely and only and to hereby pledged for the pur- poee of paying principal of and interest on the bonds herein au- thorized and any additional parity bonds hereinafter Permitted to be Issued. Section 7. There shall be and there is hereby created a special fund to be known and designated as the "Bond Reserve Fund" Into which there shall be net apart and taid each month, commencing July 1961 from the balance of the net orf -street parking revenues and the net on -street parking revenues remaining after first making the required Payments In- to the "$'arking Facilities Revenue Bonds Sinking Fund" the sum of $1001) on the first day of ouch month In each year until Duel' time as all of the boncim herein authorised and bonds ranking ort a Parity therewith have been paid In full as to but h principal and In d terest or funs sufficient therefor have been met aside and pledged for that purpose. All moneys credited to said Reserve Fund shall be used for the payment of Adjourned Special Session, May 20, 1964 179 the principal of and Interest on the bonds authorised to be Issued under the terms of this ordinance and bonds ranking on a parity therewith whenever for any roason ing funds clities deposit enuehe "Park - Bond e Sinking Fund" aprre Insufficient to pay such and call alsal o be use 1 wrest hen due, eh themake en pun to requireany d lit, be sies et aside each month into said Sinking Fund: provided,however, that all saidamonts Reserve Fundtt Incredited excess of the maximum amount of principal any sc dia ffailing due rueinterest ng icalyearfoboth rnclpal of and interest on the then outstanding bonds issued ursuant to condo ranking t oin a parity there o ltsaid bondsuthent outsta ding at not exceeding the then next applt- eto el►oaarlra used calnedeemuch bonds as may be then subject to redemption prior to maturity. Section e. There shall be and fund to bee known andddesignated ae the "Renewal and Improvement Fund" Into which there shall be set apart and paid each month, commencing July 1, 1964, from the balance of the net off-street park- ing revenues and net on -street First revenues remaining after first making the required pay- ments into the Sinking Fund and the $2000 pon Reserve ru daynd of ueach first amou to an theeClty Counc l higher mayr fix from time to time. All moneys credited to said Renewal and Improvement Fund shall be used or accumulated to pay the Cost of acquiring additional park- ing facilities, to pay architectural or engineering experases, to pay the cost of acqulrQtg addltlonal meters or other improvements to the system, to create re yny sr for any of the foregoing, on any property which may be part offor thesystemorrtoses payas a ally extraordinary cost of maintaining the parking system in an efficient operating condition, a n d t h e moneys on deposit In said Renewal and Improvement Fund shall be transferred and credited to the Parking Facilities Revenue Bonds Sinking prevventuor remedy a default Ind whenever n tto the payment of the principal of or Interest on the bonds authorized to be issued under the terms of this ordinance eria ranking n be parity therewith or shall transferred to the BondReserve Fund whenever any de cy may exist In Held Fund. Any bal- mayin excess of o which be accumulated11In0said Re- bettransferr Improvemental and totheSurpius Fund hereinafter created Section 9. There shall be and there is hereby created a spe- clal fund to be known and des g- nateµhich there shall as the tlieumetFundapart land paid all of the net off-street and net on -street parking revenues remaining after first makittl,• the required pa ents Into the 81nk- Ing Fund, the Bond Reserve Fund and the Renewal and improvement Fund. All moncredited tel asid and creditlus ed nd ehyysed to the Parking ffactltt- ties Revenue Bonds Sinking Fund whenever necessary to prevent or remedy a default in the payment of the principal of or Interest on the bonds authorised to be Issued under the terms of this ordinance or bonds ranking on a parity therewith, or shall be transferred and credited to the Bond Reserve Fund whenever any deficiency may exist in said Bond Reserve Fund or otherwise may be trans- ferred to the Renewal and Im- provement Fund or used for any lawful Corporate purpose. Section 10. All moneys held in the several separate funds cre- ated under the terms of this ordi- nance shall be deposited In banks and all such deposits which cause the aggregate deposits of said City In any one bank to be in ex- cess of $10,000 shall be continu- ously secured by a valid pledge of direct obligations of the United States Government having an equivalent market value, or may be invested in direct obligations of the United States Government subjecthe gt tonredemption aturittat pbeing tion of the holder not more than five years from the date of the Investment therein. Section 11. While the bonds authorized hereunder, or any of them, remain outstanding and un- paidthe rates for all services ren- dered by said public motor vehicle reasonable stand Just, taking liinto account and consideration the cost of maintaining and operating the gains and one hundred fifty per cent of the amounts required an- nually for the retirement of all bonds and the accruing interest on all such bonds as may be out- standing under the provisions of this ordinance and bonds ranking on a parity therewith, and there shall be charged such rates and amounts all shall be adequate to meet the requirements of this and the preceding sections hereof. Said City agrees that so long as any of the bonds hereby authorised remain outstanding It will keep proper books of record other account, separate from land ac- counts, s cor- rect entrieswofgall transactilete ons re- lating to said public motor vehicle pat -king facilities system, and that the nds shall holders ha ethe right at allr reof any of sald ason- able times to Inspect the system and all records, accounts and data of the City relating thereto. A sep- arate accounting of the amount of income and revenues from on- off -street et parking kprkng facilites fatcilitis, athe d also of the amount of operation and maintenance ez eases for betd kkept afacilndpmaintained. Said City further agrees that It will wlth- in sixty days following the close of each fiscal year of the City to be me f tleabooks andltaccounts pertinent to the system by an Independent certified public accountant show- ing the recelpts and disbursements Of said system with the comments tf the he booksditor conninand accounts whether ng kept in rdl- nonce and ninlapicoe with this p accordance withree- ognized accounting practices. All expenses incurred In making such audits shall be paid as an ex- pense x anceeor fthe system and a COY of 178 Adjourned Special Session, May 20, 1984 bursements of said proceeds for materialsoshall construction made on coand rders of the City Council only as and when approved by the engineer supervising such construction. Any balance of the proceeds of sold bonds remaining after the comple- doq of the construction of said additional parking facilities shall be deposited In the Renewal and Improvement Fund. Section G. That upon the Issu- ance of the bonds hereby author- ised and thereafter so long as any of sold bonds or any additional bonds ranking on a parity there- with are outstanding the system of public motor vehicle parking fa- cilities of said City, together with all future extensions and additions thereto,and consisting of both on -street pparking meters and off- street pnrkIng facilities shall be operated as a revenue producing undertaking. The rates charged by said Cit yy for the use of and services furnlahed by said parking system shall be such reasonable rates am will be sufficient to pay for the operation and maintenance thereof and to create and main- tain the Parking Facilities Reve- ►tUe Bonds Sinking Fund and the Bond Reserve Fund In the amounts as hereinafter provided. From and after the issuance of the bonds hereby authorized the income and revenues from the off- street parking facilities of said system, including rentals from the lease of any property constituting a part of the system or air rightm over any part of the system, shall be met aside into a separate and special fund anti shall be used and disbursed by the City Council to the extent necessary each month in maintaining and operating Bald off-street parking facilities, and the balance thereof shall be claeal- tied as "net off-street parking revenues" and are hereinafter re- ferred to as such. In like manner from and after the issuance of said bonds the Income and reve- nues from the on-streetpparking faelldtdes of said system mhall be not aside into a separate and spe- clal burmefund and "hall be used and md by t d he City Council to the extent necemsary each month In maintaining and operating said on -street parking facilities and necessary traffic control expenses and may also be so used and dim- bursed, to the extent that funds are not available from other sources, for the purchase of ad- dltionai on -street parking meters and facilities; provided, that the maintenanceute f and strafflcch p control expenses and cost of additional on -street Parkin r meters and to- ollitles shall not 111 any one month exceed twenty-five per cent of the Income and revenues from such on+street parking facilities of said system during that month, and the balant:e of sold Income and reve- nues from the on -street ttrarkdng faollltles shall be cle,88i led am not on -street parking revenues" and are hareinafter referred to am such. There shall be and More is �hnereby created and there shall be Known las the special rinlf�uFacilit es Revenue 13011(18 Sink lrng Fund" (hereinafter sometlmem referreq to am t m "8lnklnl[ Fund") into which there shall be met a81we from the aggregate of the net off-street barking revenues and the not on- mtreet parking revenuem such por- tion thereof as will he sufficient to pay the interest on and prinel- pal of the bonds hereby authorized and any additional bonds ranking on a parity, therewith at the time outstanding an the same become due, and it 1s hereby, determined, covenanted and agreed that the minimum amount to be so met aside into said Sinking Fund dur- ing each month of each year shall be not leas than as follows: A sum equal to one-tenth I (1/10th) of the principal of all bonds maturing on the Janu- ary 1 next succeeding plus u Bum equal to one-fifth Y1/Gth) of the interest becoming due on the next succeeding inter- est payment date on all of the then outstanding bonds issued pursuant to this ordinance and r bunds ranking on a parity therewith until there has been accumulated in such fund an amount equal to the full amount of the next succeeding j principal payment and interest payment on said then out- standing bonds maturing in such year; provided, however, that no further payments need be made Into said Sinking Fund whenever and so long as much amount of the bonds shall have been retired that the amount then held In such fund (including the Bond Re- serve Fund hereinafter cre- ated) Is sufficient to retire all such outstanding bonds and Interest thate willouthavef ace crued at the time of such re- tirement, Such ppayments into said Sinking Fund ahall be made in monthly Installments on the first day of each month, except that when the first day of any month shall be I) a Sunday or a legal holiday then such payments shall be made on the nextsucceeding secular day. in the event the balance of un- allocated net off-street parking revenues and net on -street parking revenues are Inadequate to make any one or more required month - 1y payments Into the Sinking Fund the deficiency shall be made up and paid as aforesaid from the first available revenues thereafter received, and same shall be in ad- dition to payments otherwise pro- vided to be made In such succeed - Ing month or months. Said Sinking Fund shall be used solely and only and is hereby pledged for the pur- Iose of paying principal of and nterest on the bonds herein au- thorized and any additional parity bonds hereinafter permitted to be Issued. Section 7. There shall be and there Is hereby created a special fund to be known and designated as the "Bond Reserve Fund" Into which there shall be set apart and I told each month, commencing July 1964? from the balance of the net of -street parking revenues and the net on -street parking revenues remaining after first making the required )ayments In- to the 'parking Fuel ties Revenue Bonds Sinking Fund" the sum of =1000 on the first day of each month in each year until much time as all of the bonds herein authorised and bonds ranking on it parity therewith have been paid 111 full as to both principal and in- tereat or funds mufficient therefor have been met aside and pledged s for that purpose. All moneys credited to maid Reserve Fund l shall be used for the payment of i Adjourned Special Session, May 20, 1984 179 the principal of and interest on the bonds authorised to be. issued under the terms of this ordinance and bonds ranking on a parity therewith whenever for any reason the funds on deposit In the "Park- ing Facilities Revenue insufficciBonds nt i o Sinking pay such princlppal and interest whon due, and ahall also be tined the aniounts reyuireddeficiencies ltlencbe set 4side each month Int. said Shtkinf Fund; provided,p however, that all ted amounts Reserve nFund�� Inc excess of and nInterestn falling amount of principal succeeding fiscal year for both principal of and Interest on the then outstanding bonds Issued pursuant to this ordinance and bonds ranking on a parity there- with shall be used to purchase any of said bonds then outstanding at not exceeding the then next appli- cable redemption price or shall be tand redeem such bonds as my then subject redemption prior to maturity. Section S. Ther shall be and there in hereby created a special fund to be known and designated an the "Renewal and Improvement Fund" Into which there shall he set apart and paid each month, balance of theunetl off elreat from Ing revenues and net on -street aarking revenues remaining after flrat making the regquired pay- hFund anti e Bond ents tRe ervelFund the sum Of $2000 on the first day of each month of each year, or such higher tim amounts oan Itto Counc e Al fixfrom time l money* credited to said Renewal and Improvement Fund shall be oiled or accumulated to PRY the cost of acquiring additional park- ing facilities, to pay architectural or engineering ex ensea, to pay the cost of acquiring additional meters or to be system too crater create esfor any of the foregoing, to pay rent on any property which may be leased for parking purposes as a part of the system or to pay any theparking extraordinary imaintaining system in an operating condition, a n d t h e moneys on deposit In said Renewal and Improvement Fund shall be transferred and credited to the Parking Facilities Revenue Bonds inprent Or whenever necessary toveremedy a default In the payment of the principal of or he eissuednunder bonds he terms authoto rized ordinance or bonds ranking on a parity therewith or shall be transferred to the BOtt de Reserve Fund whenever any ncy may exist In said Fund. Any bal- ance in excess of =100,000 which may be accumulated in said Re- newal and Improvement Fund may be transferred to the Surplus Fund hereinafter created Section 9. There shall be and there Is hereby created it spe- cial fund to be known and den io- nated as the "Surplus Fund" Into which there shall be set apart and paid all of the net off-street and net on -street parking revenues remaining after first making the required payments Into the Slnk- Ing Fund the Bond Reserve Fund and the Renewal and improvement Fuad. All moneys credited to said Surplus Fund shall be transferred and credited t. the Parking Faeili- ties Revenue Bonds Sinking Fund whenever necessary to prevent or remedy s default in the payment ofthe principal of or Interest on the bonds authorised to be issued under the terms of this ordinance .r bonds ranking on a pparity therett9th, or shall be transferred and credited to the Bond Reserve Fund whenever any deficiency may ezlet In said Bond Reserve. Fund or otherwise may be trans- ferred to the Renewal and Im- {trovement Fund or used for any awful corporate purpose. Section 10. All moneys held to the several separate funds cr- ated under the terms of this ordi- nance shall be deposited In banks and all such deposits which cause the aggregate deposits of said City in any one bank to be 1n ex- cess of $10,0011 shall be conttnu- ously secured by a valid pledge of direct obligations of the United States Government having an equivalent market value, or may be invested in direct obligations of the United States Government having a maturity date or being subject to redemption at the op- tion of the holder not more than five years from the date of the Investment therein. Section 11. While the bonds authorized hereunder, or any of them, remain outstanding and un- paid the rates for all services ren- dered by said public motor vehicle parking facilities system shall be reasonable and Just, taking into account and consideration the coat of maintaining and operating the name and one hundred fifty per cent of the amounts required an- nually for the retirement of all bonds and the accruing Interest on all such bonds as may be out- standing under the provisions of this ordinance and bonds ranking on a parity therewith, and there shall be charged such rates and amounts as shall be adequate to meet the requirements of this and the preceding sections hereof. Said City agrees that au long as any of the bonds hereby authorised remain outstanding it will keep proper books of record and account, separate from all other municipal records and ac- counts, showing complete and cor- rect entries of all transactions re- tarklic motor vehicle ingofacilitiesbeYstem and that the holders of any of said bonds shall have the right at all reason- able times to inspect the system od data f tlCity relall ating theretoaccounts . heA sep- arate accounting of the amount of income and revenues from on - street parking facilities and the off-street parking facilities, and also of the amount of operation and maintenance ex ensea for be kept and maintained. Said City) furtheragreesagrees that It will with - In ose tf each fiscal{ year of the the City cause an audit to be made of the books and accounts pertinent to the system by an Independent certified public accountant show - Ing the receipts and disbursements of said system with the comments ether the bookthe auditor land acmts earning are kept In compliance with this ordi- nance and In accordat�acwcea.rAll ognixed accountJng 1 ezpenaes Incurred in milking such audit■ shall be paid as an ex- enreeu[fthe sYstlem and a COPY Of 1S0 Adjourned Special Session, May 20, 1984 each such audit shall be promptly fmailed the City of original the bondshasers here- n by authorised and to any other bondholder that may have re- quested same in writing. here- by con . That said I covenants and agrees With the holder or holders of the bonds herein authorised to be issued, or any of them, that It will faithfut- ly and punctually perform all duties with reference to said pub- lic motor vehicle parking facili- ties system required by the Con - of tlowa, and thfss ordinance. In- cluding the makin6 and collecting forle r less 8afforded ient rates there DY. and will segregate the revenues and make application thereof in- to the respective funds, as pro- vided by this ordinance. The City furtber covenants and agrees with the holders of Said bonds to main- tain in good condition and con- tinuously and efficiently operate Said off-street and on -street facill- tiesand to charge and collect such charges for renderednthereby so that the servlceag- gregate net revenues therefrom make theprescribed all paymentss to in- to the several special funds as hereinbefore provided. The City further covenants and bonds authorized ees that so o be issas ued uof n - der the terms of this ordinance or bonds ranking on a parity therewith are outstanding it will not sell, lease, loan, mortgage or In any manner dispose of or en- cumber said public motor vehicle Parking facilities until all of said bonds have been paid in full as to both principal and Interest or unless and until full and sufficient for shall have been made for the payment thereof; provid- ed, however, the City may dispose of any property constituting a part of the municipal parking system which is found by resolu- tion of the City Council to be no longer useful or profitable In the operation of the system, but the proceeds of any such sale shall be credited to the Renewal and Improvement Fund as an addition- al credit thereto. Nothing con- tained on- tained In this ordinance shall be oonstrued to prevent the City from leasing to others or contract - Ing with others for the operation of any of the facilities, constitut- ing a part of the parking system, to the extent permitted by law, provided the net revenues derived from any such leases or c o n - tracts, in combination with all other net revenues of the sys- tem, are found by the City Coun- cil to be not less then those re- quired to be paid Into the various funds as hereinbefore provided. Nothing contained In this ordi- nance shall be construed to pre- vent the City from disposing by lease, or an may be permitted by law, of the air rights above any of the off-street parking facilities constituting a part of the system, provided that the revenues from may such lease shall be treated as it part of the income and reven- ues from the off-street parking facilities of the system and shall be used and applied as provided in this ordinance, but no such lease may result In a reduction of the aggregate, net revenues of the system below the amounts neces- Bary to be paid into the various funds ae hereinbefore provided. R'hite the bonds authorised hereunder, or any of them, remain outstanding and unpaid no free service shall be afforded by said public motor vehicle parking fa- cilities system provided, that the City Council may, by resolution, authorise the use of a designated portion of the parking facilities without charge, provided: (1) that the Council must first affirmative. ly determine that such use will not cause the aggregate net rev- enues then to be derived from the balance of the system to be less than 160% of the amounts required to be paid into the Parking Fa- cilities Revenue Bonds Sinking Fund during the then next suc- ceeding fiscal year, and (E) it the facilities to be operated without charge produced over 15% of the gross revenues of the entire sys- tem In the then last preceding fiscal year, the finding by the City Council must be predicated upon and supported by a certlfl- cate executed by a reputable, in- dependent consulting engineer em- ployed for the purpose of exam- ining the books and records perti. nent to the system and of certi- fying to the amount of revenues which will be derived from the balance of the system. Any of the off-street parking facilities may be withdrawn from use at any time for the purpose of erecting mul- tiple level parking structures, gar- ages or other parking facilities thereon which are to be incorpor- ated in and made a part of the Public motor vehicle parking fa- ellitles system of the City, but no such facilities may be so with- drawn unless the City Council af- firmatively finds that the net rev- enues to be derived from the op- eration of the remainder of the system, together with interest dur- ing the construction of the ad- ditional structure, will be not less than those required to be paid Into the several separate funds as hereinbefore provided during the period of construction. Said City agrees that It will take no action In relation to its public motor vehicle parking fa- cilities which would unfavorably affect the security of the bonds herein authorized or bonds rank- ing on a parity therewith or the prompt payment of the principal thereof and interest thereon, but nothing in this ordinance c o n- tained shall be construed to pro- hibit appropriate changes In the location of on -street parking fa- cilities made necessary by street widening alterations or closings, norrohibit substitution or chang- es In the location of on -street parking meters in order to provide essential and necessary traffic regulation and control. Section 13. Said City hereby covenants and agrees so long as any bonds hereby authorized are outstanding to regularly retain from time to time and at least once every three years the serv- ices of some engineer or firm of engineers of specialized reputation In the management and operation of motor vehicle parking facili- ties (hereinafter sometimes re- ferred to as the "consulting en- gineer"), for the purpose of con- aultatlon and cooperation In con- nection with the operation a n d maintenance of its public motor vehicle parking facilities a)•stsm Adjourned Special Session, May 10, 1984 181 and the estahlishment am well as an%, subsequent revision of the schedule o charges for the serv- ices and facilities to he thereby Penses d of noperationhuandt main- tenance of the system shall be prepared by the City Council cov- erinR the anticipated monthly re- quirements and expenditures for such operation and maintenance during the ensuing year. Fixed an- nual charges such as the cost of insurance shall be met up and ac- cumulated on a monthly basis. At least sixty days prior to the beginning °t such of sucheprop� edlan- ing fscal year a copy any bondholder all be who mayle1have theretofore requested the same. It the holder or holders of five per cent or more of the aggregate principal amount of bonds then oustaleast nthirty ehall sodays p ioreQe t at to com- City c Council f shall the f hold yearpublic hearing on such proposed annual budget g any l�ondholderl andother which n erson In interest may appear and file arellen fiiedobjectis. if no its In this section ctlpon- mitted, said City Council in a y adopt the proposed budget as the annual budget for such succeeding fiscal year, but It such objections are flied, Council make every effort to satisfy same in adopting a revised final budget. The total expenditures in of y thecal off-street ear for the parkinga tucillt ties and the on -street parking fa- publiee motorltveihcle parkingarts of eald fa- the (es respective Itemsstern not as shown exceed by the 11napecifl allyual bud l authorfor ! edye ar unlessby a two-thirds vote of said City Council. Section 11. That any holder of said bonds, or any of the coupons, may either at law or In equity, by suit, action, mandamus or other proceedings, enforce and compel its office sance and age tsd ofllalland duties Imposed or required by law or this ordinance in connection with the operation of said motor ve- hicle parking facilities including the making and collecting of suf- ation of theentrevenuesand n an d grapplication thereof. Section 16. The bonds author- ised to be Issued hereunder and from time to time outstane-ing shall not be entitled to priority one over the other in the applica- tion of the Sinking Fund or the Bond Reserve Fund regardless of the time or times of their issu- ance, It being the Intention that there shall be no priority amun the bonds authorised to be issue under the provisions of this or- dinance, regardless of the fact that they may be actually issued and delivered at different times. While there is no default exlst- ing in any of the provisions of thla ordinance said City hereby reserves the right and privilege of Issuing dditional bonds from time to timeapayable from the in- come and revenues of said public motor vehicle parking facilities system ranking on a parity with Me bonds herein authorized in order to (1) pay the costs, to an amount not exceeding =300,000, of completing the acquisition of the additional parking facilities as hereinbefore specifically identified which the consulting engineer cer- tifies in writing to be essential and for thepayment of which there are no other funds available, or (2) to refund any revenue bonds issued for account of the parking system, or (3) to pay the costs of further additions, extensions or improvements to the system with - In said City; provided, that be- fore any such additional bonds ranking on a parity may be an Issued for such additions, exten- sions or improvements there shall have been procured and filed with the City Clerk a statement by a certified public accountant not in the regular employ of the City on a monthly salary basis reciting the opinion based upon necessary Investigations that the aggregate net off-street parking revenues and net on -street parking reven- ues as defined in this ordinance, adjusted to reflect Income in ac- cordance with rates In effect on the date of said statement, for the fiscal year immediately pre- ceding the Issuance of such ad- ditional bonds was equal to at least 150% of the maximum amount that will become due in any calendar year for both princi- pal and Interest on the bonds then outstanding and the bonds then proposed to be issued In any fiscal year prior to the longest maturity of any of the then out- standing bonds. Bonds Issued to refund any of the bonds hereby authorised or bonds ranking on a parity there- with shall not be subject to the re- strictions hereinbefore set forth In this section provided the bonds be- ing refunded mature within three months of the date of such re- funding and no other funds are available to pay such maturing bonds, but otherwise any refund- ing bonds ranking on a parity shall onlyy be issued subject to said re- strfetions, and in computing the maximum principal and interest due In any year principal and in- terest on the bonds being refunded shall be excluded and principal and interest on the refunding bonds shall be utilised. For the purposes of this ordi- nance, the fiscal year shall be the calendar year, and interest and principal due on January 1 shall be considered obligations of the immediately preceding fiscal year. The Interest payment dates for all such additional bonds shall be semiannually on January 1 and July 1 of each year and the princi- tional bondstshalltbe on ies January Iof such of the year in which any such principal is scheduled to become due. The additional bonds (sometimes here - In referred to as "permitted" to be issued), the issuance of which this section, shall cbedtunderstood to mean bonds secured and pay- able on a parity with the bonds herein specifically authorised, and shall not be deemed to Include other obligations, the security and source of payment of which Is subordinate and subject to the riority of the requirements In p favor of the bonds herein author- ised to be issued. covenants Section 16. l3ald City any and agrees that so long of the bonds herein authorised Adiourned Special Session, May 20, 1984 ( d are outstanding it will not es- tablisb other public motor vehi- ;ie parking facilities within the 'rty unless such additional faeili- ttes are included and constitute a part of the public motor vehicle parking facilities mtedby this ordinance ande locos anddmelt Ilquldatingebasis, sothat the net revenues from Buie avahlab Addition toralp facionl sl int tbee Sinking Fund as herein provided. The City covenants and agrees upon completion of the parking structure as hereinbefore referred to and upon completion subme- quently of any other structural pinfacilitien e1 t will artof the system that I l procure and carry to the extent available fire and extended cov- erage and vandalism and malicious mischief insurance on each such least structure eighty sperm cent of ual o At the In- curable value thereof, and also will procure and carry to the ex- tent available use and occupancy OT. business interruption insurance on Such structural parking facili- ties in an amount sufficient to pay eighty per cent of the esti- mated net revenues therefrom for a period of one year. The proceeds of insurance received from lose or damage to the struc- tural parking facilities shall be used to replace or repair the Property lost or damaged, and the proceeds of use and occupancy or business interruption insurance shall be classified and treated as net off-street parking revenues. The City further covenants and agrees to carry public liability and oop perati non damage pue motor vee hicle parking facilities system in amounts not lees than those rec- ommended from time to time by a consulting engineer employed for that purpose. The costs of all the foregoing Insurance shall be classi- fied and paid as an expense of operation and maintenance. Section 17. The provisions of this ordinance shall constitute a contract between the City of Du- huque and the holders of the bonds herein authorized to be is- sued, and after the Issuance of any of the bonds no change, vari- ation, or alteration of any kind of the provisions of this ordinance may be made in any manner ex- cept as hereinafter In this sec- tion provided until much time as all of said bonds issued hereun- der and the intersmt thereon have been paid In full. In the event that it shall appear desirable and to the advantage of both the City and the holders of the revenue bonds the City may pro- pose modifications, alterations and amendments of this ordinance in the following manner: The City Council shall adopt an ordinance modifying, altering or amending this ordinance, but providing therein that said ordinance shall not become effective unless and until it has had the approval of the holders of the revenue bonds as hereinafter set out. Immedi- ately upon adoption of said ordi- nance the City Council shall set a time and place for and call a meeting of the holders of the revenue bonds, which place so designated shall be in the City of Dubuque, Iowa, Notice of the time and Place of the Mee tng an in general terms the matters to be submitted thereat shall be giv- en to the holders of the revenue bonds in the following manner: (a) Not less than fifteen days prior to the date set for the meeting a copy of the notice shall be mailed to each of the holders of revenue bonds regis- tered as to principal at the ad- dress appearing on the registra- tion books and also to the original purchaser or pur- chasers of the revenue bonds; (b) Notice of such meeting shall also be published In at )east two issues of (1) a news- paper or financial journal of general circulation published in the City of Chicago, Illinois, and (2) a newspaper of general cir- culation published in the City of itubuque, Iowa: the first of each much publications to be made not leas than fifteen (16) days prior to the date set for the meeting and the second of such publications to be made not less than seven (7) days nor more than ten (10) days prior to the date met for such meet- ing. At such meeting there shall be submitted to the holders of the revenue bonds for their approval the ordinance theretofore adopted proposing the modification, altera- tion or amendment. All holders of revenue bonds for account of the public motor vehi- cle parking faoilittes system of the City outstanding at the time of much meeting and secured by the Sinking Fund hereinbefore created shall be entitled to vote thereat and attendance at such meeting may be in person or by proxy. Each person seeking to at- tend or vote at any such meeting must, If required, produce much proof of of revenue bonds or of personan l identity an shall he satisfactory to the in- spectors of votes. Each Proxy shall be signed by the holder of revenue bonds or by hie duly au- thorized attorney, eball identify the revenue bonds represented thereby, and shall be witnessed, and Its genuinenesm, if questioned shall be established to the satis- faction of the inspectors of votes. The holders of revenue bondm and the holders of proxies prement shall, by a majority vote, irrespec- tive of the amount of revenue bonds represented by them, select two persona from those present to act as inspectors of votes, who mhall count all votes cant at such meeting and who shall make and file with the Secretary of the meeting their verified written re- port in duplicate of all much votes so cast at said meeting. The holders (or persons entitled to vole the same) of not less than seventy-five per cent In principal amount of the revenue bonds en- titled to be voted at any such meeting must be present at such meeting in person or by proxy in order to constitute a quorum for the transaction of business, leas than a quorum, however, having power to adjourn. Any suchmodifications, altera- tions or amendments of this ordi- nance, or of any rights and obllgga- tiona of the City, or of the hold - era of the revenue bonds in any particular, may be approved at such meeting or at a due ad- Adiourned Special Session, May 2, 1964 _ 183 lournment thereof and held In tRCCorkignee his section. but only byith the vIL reeoluisions f tlon duly adopted by the a[ fi� y; athe vote, in person or by P ns tienti- the holders (or same) Of a xty tiled to Per Dent or more to aggregate F amount of the revenue principal bonds entitled to represented es how - at such meeting- provided, ever, that no such modiffcatlons, shal bedewbieb will amendments (a)a mit an extension of the time of Pay- ment at Maturity lof thethe interestllal on of of payment voo in,theamuntof principaldion ortthe rate of Interest thereon Wlthuut written hereof, ortt /bot of the the, peer centages of holders of revenue bondsrequired by the provisions aof ny station underttthis sectiolong of A record of the proceedings r�eenreA sand each such Meeting recretary of the certified Ly attached meeting and having thereto an original counterpart of the report of the inspectors of votes wbllcatloaffidavits the f noticell of and { the meekeshall heut uyrand tpepn without further action the proposed modtfi- estions, alterations and amend- ments, as aforesaid, "hall become effective, but otherwise shall be null and void. .,ectlon 18. if any section, para- graph, clause or provision of this ordinance shall be held invalid p of aragraphldlclause ore It provision, shall not effect any of the remain - Ing provisions of title ordinance. flection 19. All ordinances, reso- lutions and orders, or parts there - (If In this ordinancflict ehareh8torthelons eex- tent of such conflict, hereby re- pealed. Section 20 That this ordinance rhall bs In full or d effect fes a adaption, immediately upon a rroval and Puhltcatlun as pro- vided by taw. 20th day May. Adopted this Council of the 1964, by the ('11 City of DROBERTr J. HOFtGAN Mayor Ri-11ARf) LUDWIG JAMES J. KEANb Councilmen Attest: LEO F. FROMMELT City Clerk Presented b the undersigned to the Mayorof said City for lite signature and appioved this 20th day of May, 1964. LEC) F. FROMMEI.T, City Clerk Approved May 20. 1964. ROBERT J. 110ROAN. Mayor Attest: LEO F. FRONIMELT. City Clerk Pubitshed officially in The Tele- graph-ilerald Newspaper this 22nd day of May 1964. LEO F. FROM�tN:L'r City Clerk It. 6/22 Councilman Takos moved t adoption of the Ordinance. S onded by Councilman Ludwig. C rigid by the following vote: Yeas — Mayor Horgan, Council- men Kean, Ludwig, Takos. Nays—Councilman Pfohl. RESOLUTION NO. 12064 Resolution directing the adver- tisement and sale of $1,250,000 p a r k i n g Facilities Revenue Bonds of the City of Dubuque, Iowa. WHEREAS pursuant to proper proceedings the City of Dubuque, in Dubuque County, Iowa, has heretofore determined it to be ad. visable and necessary to add to, ex- tend and improve its system of motor vehicle parking facilities by acquiring the real estate not now owned by the City in the block bounded by Locust, Bluff, Eighth and Ninth Streets in said City and constructing in said block a multi- level, reinforced concrete motor vehicle parking structure; and WHEREAS said City contem- plates the issuance of $1,250,000 Parking Facilities Revenue Bonds for the purpose of paying the cost of acquiring said facilities and it is necessary and for the best interests of said City that said bonds be. offered for sale at this time; NOW. THEREFORE, Be It Re. solved by the City Council of the City of Dubuque, Iowa, as follows: Section 1. That Parking Facili- ties Revenue Bonds of said City in the amount of $1,250,000 be of. fered for sale pursuant to adver- tisement, said bonds to be num bered from 1 to 250, inclusive, in the denomination of $5010 each, to be dated June 1, 1964, with in- terest payable Janutary 1, 1965, and semiannually thereafter, and to mature serially and in numeri- cal order on January 1 of each of the respective years as follows: Year Amount year $45,000 ust 1086 $25.000 198'1 45,000 1967 25,001 1983 45,000 1988 25,000 1969 25,000 1984 50,000 50,000 1970 25,000 1985 5U 000 1971 30,000 1987 55,000 1972 30,000 1973 30,000 1988 55,000 1974 30,000 1999 80 000 89 W.000 1975 35,000 1991 65,000 1976 35,00) 1977 35,000 199'2 65,000 he 1978 40,000 1993 65,DOO 1994 70,010 Se 1979 40,000 Ca 1980 40,000 but with the right reserved to 144 Adjourned Special Session, May 20, M4 the City to call and redeem the bonds maturing in the years 1972 to 1994, inclusive, from available revenues of the system prior to maturity in whole, or from time to time in part in the inverse order of their maturity (less than all of a single maturity to be selected by lot) on any interest payment date on or after January 1, 1971, on terms of par and accrued interest plus a prepayment redemption pre- mium of three per cent (3%) of the principal amount of any of such bonds if called for prepay- ment and redemption on January 1, 1971, and if called for redemp- tion thereafter, the amount of such premium to be so paid shall be reduced at the rate of '4 of one per cent of the principal amount for each full year that the re- demption date is subsequent to January 1, 1971, and with the right also reserved to the City to call and redeem the bonds matur- ing in the years 1976 to 1994, in- clusive, from any funds regardless of source prior to maturity in whole on any date on or after .January 1. 1975, on terms of par and accrued interest plus a pre- payment redemption p r e m i u m equal to four per cent (4%) of the principal amount of any of such bonds if called for redemption on or prior to December 31, 1978; three per cent (3%) of the princi- pal amount thereof if called for redemption thereafter and on or prior to December 31, 1982; two per cent (2%) of the principal amount thereof if called for re- demption thereafter and on or prior to December 31, 1988; one per cent (1%) of the principal amount thereof if called for re- demption thereafter and on or prior to December 31, 1990; and upon terms of par and accrued in- terest without premium if called for redemption thereafter and prior to maturity. Section 2. That the City Clerk be and he is hereby authorized and directed to publish notice of the sale of said bonds for two or more successive weeks and on the same day of each week in the "Telegraph Herald," a newspaper published and of general circulation in Du- buque County, Iowa, such notice to state that bids will be received and acted upon by this Council at a meeting to be held at 11:00 o'clock A.M., Central Standard Time, on June 8th, 1964. Section 3. That the City Clerk is further authorized to prepare such circulars for further adver. tisement as may be deemed advis. able, in order to afford due pub. licity to the sale of said bonds. Section 4. That all resolutions or parts of resolutions in conflict herewith be and the same are hereby repealed. Passed and approved May 20. 1964. Robert J. Horgan Mayor Attest: Leo F. Frommelt City Clerk NOTICE OF SALE $1,250,000 PARKING FACILITIES REVENUE BONDS CITY OF DUBUQUE, IOWA Sealed bids will be received un- til 11:00 A.M., Central Standard Time (12:00 o'clock Noon, Central Daylight Saving Time), on the 8th day of June, 1964, at the office of the City Clerk, in the City Hall, Dubuque, Iowa, for the purchase of $1,250,000 Parking Facilities Revenue Bonds of the City of Du. buque, Iowa, at which time such bids will be referred to the City Council of said City at its meeting to be then held at the Council Chambers in the City Hall in said City. Open bidding will be con- cluded within one hour of said time and after the best open bid has been determined, the sealed bids will be publicly opened and the bonds will be sold to the high- est bidder for cash. Scaled bids will be fully protected. Said bonds will be dated June 1, 1964, bear interest payable Janu- ary 1, 1965, and semianually there- after on the first days of July and January in each year, and mature serially on January of each of the respective years as follows: Year Amount Year Amount 1966 $25,000 1981 $45,000 1967 25,000 1982 45,000 1968 25,000 1983 45,000 1969 25,000 1984 50,000 1970 25,000 1985 50,000 1971 30,000 1986 50,000 1972 30,000 1987 55,000 1973 30,000 1988 55,000 1974 30,000 1989 60,000 1975 35,000 1990 60,000 1976 3 1977 3 1978 4 1979 4 1980 4 but the ri City to cal Adjourned Special Session, May 20, 1964 I!1-) 5,000 1991 65,000 single coupon on each bond. No 5,000 1992 65.000 coupon rate shall exceed five per 0.000 1993 65,000 cent (5%) per annum. The bonds 0 000 1994 70.000 will be awarded to the best bidder 0,000 determined upon the basis of the ght is reserved to the lowest total interest cost at the 1 and redeem the bonds rate or rates designated in his bid •hole or from from June 1, 1964, to the resper prior to maturity n w time to time in part in inverse or. tive maturity dates after deducting f aturity and within a ma any premium. der o m , turity by lot, from revenues only on any interest payment date on or after January 1, 1971 at par and accrued interest plus a pre- mium equal to 3% of the princi- pal amount of any such bond if called on January 1, 1971, and re- ducing ', of one per cent for each full year that redemption is sub- sequent to January 1, 1971. Bonds maturing on and after January 1. 1976, may also be called and re- deemed from any funds, in whole, on any date on or after January 1, 1975, at par and accrued interest plus a premium of 4% if called on or prior to December 31, 1978; 37c, if called thereafter and on or prior to December 31, 1982; 2% if called thereafter and on or prior to December 31, 1986; 1% if called thereafter and on or prior to December 31, 1990; and at par and accrued interest if called there- after and prior to maturity. These bonds are not general ob- ligation bonds nor payable in any manner by taxation but are pay- able only from the future net earn- ings of the system of public motor vehicle parking facilities of the City of Dubuque. The proceedings authorizing the issuance of these bonds permit the future issue of additional bonds ranking on a par- ity therewith, under reasonable conditions and restrictions. Bonds will be payable at the Office of the City Treasurer, City Hall, Dubuque, Iowa. Said bonds are expected to be delivered within thirty (30) days after the sale at any mutually agreeable bank or trust company in the City of Chicago, Illinois, without expense to the purchaser. Should delivery be delayed beyond sixty days from date of sale for any reason except failure of per- formance by the purchaser, the City may cancel the award or the purchaser may withdraw his check, and thereafter his interest in and liability for the bonds will cease. The City will furnish at its ex- pense the printed bonds and the approving opinion of Messrs. Chap- man and Cutler, Attorneys, Chi- cago, Illinois, together with the transcript and the usual closing papers, including a current non - litigation certificate. Each bidder must furnish a certified check or cashier's check, drawn on a sol- vent bank or trust company for $25,000 payable to the order of the City Treasurer of the City of Dubuque, Iowa, as guarantee of good faith, which sum shall be agreed liquidated damages to be forfeited to the City by the suc- cessful bidder should he fail to take up and pay for the bonds when ready in accordance with his bid, which must be reduced to writing on the Official Bid Form. The City Council reserves the right to waive informalities in any bid, to reject any or all bids and Each bid must be for all of said is sole discretion bonds upon terms of not less than par and accrued interest and shall specify the interest rate or rates in a multiple of one-quarter or one-tenth of one per cent, pro- vided that only one rate shall be specified for a single maturity and not more than three rates may be named for the issue. Repeating a previously mentioned interest rate will not constitute an additional interest rate. Each installment of interest will be represented by a to determine ul had au- thorized best bid. The City the preparation of an Of- ficial Statement containing perti- nent information relative to the City and the parking system. For copies of that Statement or for any additional information, any prospective purchaser is referr ll to the undersigned at City Ha Dubuque, Iowa, or the Municipal Finance Consultants of the City, Paul D. Speer & Associates, Inc., 33 South Clark Street, Chicago, 186 Adjourned Special Session, May 20, 1964 Illinois 60609. Telephone: Finan- cial 6-0858. By order of the City Council this 20th day of May, 1694. Leo F. FrOMMOlt City Clerk Councilman Takos moved the adoption of the resolution. Second- ed by Councilman Kean. Carried by the following vote: Yets — Mayor Horgan, Council- men Kean. Ludwig, Takos. Nay—Councilman Pfohl. Councilman Takos moved that the certified check of the fourth bidder be returned. Seconded by Councilman Pfohl. Carried by the following vote: Yeas — Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. Councilman Takos moved that all three checks of the bidders be returned within 48 hours upon ex- ecution of contract by the success- ful bidder. Seconded by Council- man Kean. Carried by the follow- ing vote: Yeas — Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—IV-tne. There bc,ng no further business Councilman Takos moved to ad- journ. Seconded by Councilman Kean, Carried by the following vote: Yeas — Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. Leo F. Frommelt City Clerk Approved August 10, ......1964. Adopted .... AuWu,,..10!_.1 Councilmen ,. City Clerk CITY Regular Council tral Stan D.S.T.) Present cilmen Kea City Man nelle. Regular Session, June 1, 1964 COUNCIL OFFICIAL Session, June 1, 1964. met at 7:30 P.M. Cen• Stand Time (8:30 P.M. — Mayor Horgan, Coun- n, Ludwig, Pfohl, Takos. ager Gilbert D. Chave- Mayor Horgan read the call and stated that service thereof had been duly made and this is the regular monthly meeting called for the purpose of acting upon such matters as may properly come be- fore the meeting. May 25, 1964 To the Honorable Mayor and City Council Gentlemen: The petition of Zephyr Alumi- num Products requesting permis- sion to install Marquees at 1107, 1127 and 1135 Main Street and at 455-457 Central Avenue has been reviewed. It is recommended that permis- sion be granted. This will add two more improvements to our down- town area. Respectfully, GILBERT D. CHAVENELLE City Manager DONALD J. BANDY Building Commissioner Mayor Horgan moved that the recommendation be approved. Sec- onded by Councilman Kean. Car- ried by the following vote: Yeas—Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. 187 At the intersection of Dodge and Grandview, I recommend the re- m 11 of two 10,000 lumen incan• descent lights and the installation of four 400 watt mercury vapor lights. Although the number of street lights will be fourteen less than presently in operation, the new installation will produce four times as much illumination. Also, it is recommended that two new 400 watt mercury vapor lights be added between Bluff Street and Bissell Lane. I think you would like to know that a lighting design has been made for the bridge approach and forwarded to the Iowa State High- way Commission for their consid- eration. Respectfully submitted, GILBERT D. CHAVENELLE City Manager Mayor Horgan moved the ap- proval of the recommendations. Seconded by Councilman Takos. Carried by the following vote: Yeas—Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. May 29, 1964 To the Honorable Mayor and City Council Gentlemen: This is to advise that I have approved the following bonds and policies and desire to have your approval on same for filing, sub- ject to the approval of the City Solicitor. May 27, 1964 To the Honorable Mayor and City Council Gentlemen: The entire electric power line structure along Dodge Street is to be rebuilt from Bluff Street to and including the Grandview Avenue intersection. The new con- struction will have less line poles and will clean up the appearance of the present installation. Concurrent with this new con- struction, I recommend the remov- al of fifty-four 6000 lumen incan- descent street lights and the installation of thirty-eight 400 watt mercury vapor lights between Bluff Street and Grandview Avenue. SIDEWALK Clarence Grutz, Hawkeye-Secur- ity Ins. Co. Raymond Trumm, Transamerica Insurance Group Vern Simon, Merchants Mutual Bonding Co. PUBLIC LIABILITY Anton Zwack, Inc., Policy No. CL 637.203, American States Ins. Co. BLASTING LaCrosse Dredging Corp., Policy No. CGL 52922-D, American Mutual Liability Ins. Co. LaCrosse Dredging Corp., Policy No. WC 554774-D, American Mutual Liability Ins. Co. Respectfully submitted, GILBERT D. CHAVENELLE City Manager 188 Regular Session, June 1, 1964 Councilman Takos moved that the bonds and policies be filed subject to the approval of the City Solicitor. Seconded by Coun- cilman Kean. Carried by the fol- lowing vote: Yeas—Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. May 26, 1964 To the Honorable Mayor and City Council Gentlemen: On Saturday, May 16, 1964, the Kerper Boulevard Sanitary Sewer Lift Station was struck by an auto- mobile and demolished. The acci- dent caused complete damage to the structure and much of the equipment in the lift station. In order to facilitate the recon- struction of the lift station in the shortest possible time, your staff has scheduled an informal letting for the reconstruction of the build- ing on June 2, 1964. By reconstruct- ing the building, temporary pumps and electrical service can be in- stalled in the station, and service can be restored until all of the equipment is repaired or replaced. The informal letting that is scheduled enables the City to re- ceive sealed bids in a short period of time without the provision of an extended time limit for adver- tising. All masonry contractors in the City have been notified by mail that the project is being con- sidered for bids and informed as to the required details. Very truly yours, GILBERT D. CHAVENELLE City Manager Mayor Horgan moved that the communication be received and filed. Seconded by Councilman Pfohl. Carried by the following vote: Yeas—Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. June 1, 1964 To the Honorable Mayor and City Council Gentlemen: I would like to inform you that certificates have been received from the State Department of Pub- lic Instruction certifying that the following city employees have at- tended a twelve hour course in Civil Defense Adult Education: Arthur Roth Delbert Wilke Robert Dunphy William Lynch Ben O'Leary These men are to be commended for their effort. Respectfully submitted, GILBERT D. CHAVENELLF, City Manager Councilman Takos moved that the communication be received and filed. Seconded by Mayor Hor. gan. Carried by the following vote: Yeas—Mayor Horgan, Council. men Kean, Ludwig, Pfohl, Takos, Nays—None. June 1, 1964 To the Honorable Mayor and City Council Gentlemen: You have referred to the City '.Manager and Engineer the petition of ,Jerome Burroughs requesting that an alley off Sullivan Street be brought to grade. I am returning the petition and a letter from City Engineer White explaining the action to be taken in order to correct the problem. Respectfully submitted, GILBERT D. CHAVFNELLE City Manager Councilman Takos moved that the communication be received and filed. Seconded by Councilman Pfohl. Carried by the following vote: Yeas—Mayor Horgan, Council. men Kean, Ludwig, Pfohl, Takos. Nays—None. May 25, 1964 To the Honorable Mayor and City Council Gentlemen: At the meeting of May 18, 1964, the City Council referred the peti- tion of Dr. Link and others to an- nex property to the City of Du- buque back to the Planning and 'honing Commission to negotiate further with Dr. Link to see if an equitable solution could he worked out. The Planning and 'Zoning Com- mission discussed this matter at their May 22, 1964 meeting and it was decided to request a meet- ing with the City Council to discuss the matter of annexation and other topics of mutual interest. IRegular Session, June 1, 1984 189 The Planning and Zoning Com- mission therefore requests a meet- ing with your honorable body to discuss these matters at your con- venience. Respectfully yours, FRANK J. GLAB Secretary Mayor Horgan moved that the request be referred to the Council. Seconded by Councilman Takos. Carried by the following vote: Yeas—Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. Notice of Renewal of Govern- ment. Lease from July 1, 1964 to ,Tune 30, 1965 covering the use of .85 acre in Ham's Addn., presented and read, Councilman Kean moved that the Notice of Renewal of lease be received and filed. Seconded by Councilman Takos. Carried by the following vote: Yeas—Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. Communication of Civil Defense advising that a civil defense school will be held at Cedar Rapids on June 6, 1964 and extending an May 29. 1984invitation to any and all city em- To the Honorable Mayor and ployees to participate was present - Members of the City Council ed and read. Mayor Horgan moved n Gentlemen: that the communication be re - Attached hereto is a report ceived and filed. Seconded by showing the results of operation Councilman Takos. Carried by the of the "Civic Convenience -Vote following vote: Registration Mobile Unit". Yeas—Mayor Horgan, Council - The unit was in operation from men Kean, Ludwig, Pfohl, Takos. Thursday. May 14, 1964, to Friday, Nays—None. May 22, 1964 at eight different locations, at various designated times, producing a total of 316 registrations. The cooperation of both political parties was excellent. A member of each party, both Democrat and Republican, was in attendance dur- ing the entire time of registration at the various locations. Respectfully submitted, LEO F. FROMMELT City Clerk Mayor Horgan moved that the report be received and filed. Sec- onded by Councilman Pfohl. Car- ried by the following vote: Yeas—Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. Proof of Publication, certified to by the Publisher, of Articles of Incorporation of County -City of Dubuque Authority, presented and read. Mayor Horgan moved that the proof of publication be received and filed. Seconded by Councilman Takos. Carried by the following vote: Yeas—Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. It was upon the City Solicitor's recommendation that the proof of Publication be recorded in the County Recorder's office and the City Clerk was so instructed. ORDINANCE NO. 19.64 An Ordinance Granting Dubuque Motor Hotels Inc. and Inn Op- erations Inc. as owners of the Holiday Inn of Dubuque, Iowa, permission to encroach in Dodge Street to Construct Curb and Gutter for Parking Lo,t presnted and read, Councilman Takos moved that the reading just had be considered the first reading of the Ordinance. Seconded by Mayor Horgan. Car- ried by the following vote: Yeas — Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos, Nays—None. Councilman Takos moved that the rule be suspended requiring an Ordinance to be read on three sep- arate days. Seconded by Mayor Horgan. Carried by the following vote: Yeas — Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. ORDINANCE NO. 19-64 An ordinance grantln Dubuque motor Hotels. Inc. and Inn Opper- atiuns, Inc. as owners of the Soli- duy inn of Dubuque, Iowa per- mission to encroach in Dodge street to construct curb and gut- ter for 1iurking lot. BE IT ORDAINED BY THE CITY FCOUNCIL OF DUBUQUE, IOCITY WA action 1. UC H tela, IncTand and Inc, as owners of the Holiday Inn 190 Regular Session, June 1, 1964 of Dubuque, Iowa which Is con- structed on Lot 2-2-1-1 Mineral Lot 67, Lot 2 -Mineral Lot 67, Lot 2-1of Mineral Lot 67 and Lot 2-2- 2-1-2-1-1 of Mineral Lot 67 and awned by Mr. Francis Kelly and Mr. William J. Byrne and on Lot 2-1-1-1-2-2-1-2-1-1 of Mineral Lot 67 owned by Mr. Merlin Apel ail in Dubuque County, Dubuque, Iowa are hereby granted permission to costruct curt, and gutter and pav- ing In Dodge Street parallel to the existing curb In Dodge Street, and the back of the curb will not be closer than 9.33 feet from the back of the existing curb, from the east property line of McClain Street east to the east property line of Lot 2-1- 1-1-2-2-1-2-1-1 of Mineral Lot 67. Also they will be granted that parked cars may over -hang Dodge Street 2.5 feet. A. Said curb and gutter and paving has been constructed. 13. That the permission herein granted Is revocable by the City Council whenever it shall determine that the public in- terest requires widening of street. C. That in the event the per- mission herein granted Is re- voked, the permittees f o r themselves, their successors or assigns agree to remove said curb and gutter and paving at their expense within thirty (30) days from Issuance of no- tice to remove said curb, gut. ter and paving, and in the event of their failure to do so, the City may remove the same and assess the cost of such re- move] against the first above described property. D. That all drains be accom- plished by proper drains under sidewalk to the curb or storm sewer. H. That permittees, their suc- ceseors or assigns, shall main- tain In force a policy of liabil- ity insurance in an amount and company approved by the adldrindemnifying (ohamlessthe Cito Dubuque, Iowa against any claims for damages arising out of the erection or maintenance of said curb and gutter and Paving on a public street and cars over hanging Raid street. F. That said permittees pay cost of the publication of this Ordinance. Section 2. That this Ordinance shall be In full force and effect upon Its passage and publication OR provided by law, and the ac- ceptance of the terms and condl- tions in writing by permittees. ieandSection hodClerk ha here3. That by drecte,d to record a certified copy of this ordinance In the County Recorder's Office of Dubuque, Iowa. Passed adopted and approved tttls 1 S day of June 1881. Robert J. I'lorgan Mayor Richard Ludwig Peter J. Takos Oldon A. Pfohl James J. Kean Counci]men Attest: Leo F. Frommelt City Clerk ACCEPTANCE OF ORDINANCE The InnOperatlane,6Inc. and Du- buque Motor Hotels, Inc. as „wn_ ers of the Holiday Linn of Dubuque, hncn, Francis Kelly and William J. Byrne As owners of Lot 2-2-1-1 Mhter,tl Ie,t 67, Lot 2 Mineral Lot G7, i,ot 2-i of Mineral Lot 67 and i,ot 2-2-2 I-2.1-1 Mineral l,ot 67 anti Merlin Apel as owner of Lot 671 having2 full know edge and un- derstanding derstanding of all the terms and conditions of Ordinance 19-64 here- by accept the same as passed and agree to comply with the terms and conditions thereof. Adopted Min lot day of June 1964 Dubu,tue Motor Hotels, Inc.' I3y Edwin R. Linqulst, President Inn Operations, Inc. By Ectwln R. Linquist, President Property owners as above By Francis Kelly William J. Byrne Property owner as nbove BY Merlin Apel i'ttblished officially In The Tele- gruph-Heruld Newspaper this bth day of June 1964. Leo F. Frommelt It. 8-5 City Clerk Councilman Takos moved the final adoption of the Ordinance. Seconded by Mayor Horgan. Car- ried by the following vote: Yeas — Mayor Horgan, Council. men Kean, Ludwig. Pfohl, Takos. Nays—None. lion. Mayor & City Council27, 1984 Re: Robert L, Kleinschrodt Gentlemen: Middle Road On April 22, 1964, Robert L. Kleinschrodt of Middle Road, filed Claim against the City of Dubuque, Iowa, in the amount of $104.12 for damages to his car, alleging a de- fective street at the corner of Ken- nedy Road and Pennsylvania, which incident occurred on April 13, 1964. I have made an investigation of this matter and find that the area in question is not within the City Limits of Dubuque, Iowa, and therefore recommend denial of said claim. Original claim is hereto attached. Respectfully submitted, R. N. Russo City Attorney Mayor Horgan moved that the recommendation of the City At. `.orney be approved. Seconded by councilman Takos. Carried by the ollowing vote: Yeas — Mayor Horgan, Council- nen Kean, Ludwig, Pfohl, Takos. Nays—None. May 27, 1964 Hon. Mayor & CIty Council Gentlemen: In accordance with the terms and provisions of resolution in Gonne. Regular Session, June 1, 1964 191 tion with the disposal of certain property to Dubuque Packing Com- pany I am attaching hereto Release and Assignment executed by the Dubuque Packing Company releas- ing its rights and interest in and to the sum of $80,000.00 heretofore given to City of Dubuque, Iowa by Dubuque Packing Company up- on specified conditions. Respectfully submitted, R. N. Russo City Attorney RELEASE AND ASSIGNMENT DUBUQUE PACKING COMPA- NY, An Iowa Corporation, for and in consideration of One ($1.00) Dol- lar and other good and valuable consideration does hereby release and discharge City of Dubuque, Iowa, from any and all claims what- soever of Dubuque Packing Com- pany in and to the sum of Eighty Thousand ($80,000.00) Dollars here- tofore given by Dubuque Packing Company to City of Dubuque, Iowa, which gift was made subject to and in accordance to conditions as specified in the original gift and which conditions and provisions were incorporated in Resolution No. 553-52, passed, adopted and ap- proved by City Council of Du- buque, Iowa, on August 4, 1952. Dubuque Packing Company does hereby transfer, assign and set over unto City of Dubuque, Iowa, all of its right, title and interest whatsoever in and to said sum of $80,000.00 and acknowledges and agrees that the said sum of $80,000.00 be and the same is the absolute and unconditional prop- erty of City of Dubuque, Iowa, free and clear of any and all conditions and provisions heretofore speci- f led. Dated at Dubuque, Iowa, this 25th day of May, 1964. DUBUQUE PACKING COMPANY An Iowa Corporation By: H. C. Wahlert, Vice Pres. By: A. J. Kisting, Secy Councilman Takos moved that the release and assignment be made a matter of record. Seconded by Mayor Horgan. Carried by the following vote: Yeas — Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. Notice of claim of Marie Smith, in an unspecified amount, for per- sonal injuries received in a fall be. tween the intersection of W. 12th & Bluff and W. 12th & Grove Ter. race, as the result of ice and snow on March 26, 1964, presented and read. Councilman Takos moved that Notice of claim be referred to the City Solicitor for investigation and report. Seconded by Mayor Horgan. Carried by the following vote: Yeas — Mayor Horgan, Council. men Kean, Ludwig, Pfohl, Takos. Nays—None. Notice of claim of Mrs. Julia Frazier, in an unspecified amount, for personal injuries received in a fall at 972 Locust Street, due to a defective sidewalk on May 20, 1964, presented and read. Council- man Takos moved that the notice of claim be referred to the City Solicitor for investigation and re- port. Seconded by Mayor Horgan. Carried by the following vote: Yeas — Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. Notice of claim of Miss Edith Groff, in the amount of $5000, con- firming a previous claim of a per- sonal injury accident which hap- pened on February 2, 1964 at 1920 Univresity Ave. and a second in- jury accident which happened on March 26, 1964 as the result of the first one, presented and read. Councilman Takos moved that the notice of claim be referred to the City Solicitor for investigation and report. Seconded by Mayor Hor- gan. Carried by the following vote: Yeas — Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. Petition of Ediel Gardner re- questing the installation of a street light in the 1200 block on Inborn Street, presented and read. Coun- cilman Takos moved that the pe- tition be referred to the City Man- ager and Electrical Inspector for investigation and report. Seconded by Mayor Horgan. Carried by the following vote: Yeas — Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. Petition of Leonard A. Birch et al requesting the installation of a street light between the blocks of 1100 and 1300 on Kane Street, pre- sented and read. Councilman Takos 192 Regular Session, June 1, 1964 moved that the petition be re ferred to the City Manager ane Electrical Inspector for investiga tion and report. Seconded by Ma yor Horgan. Carried by the fol lowing vote: Yeas — Mayor Horgan, Council men Kean, Ludwig, Pfohl, Takos Nays—None. Petition of Hillcrest Builders Inc. requesting the installation of ad. ditional street lights at various lo- cations in Key Knolls subdivision, presented and read. Councilman Takos moved that the petition be referred to the City Manager and Electrical Inspector for investiga- tion and report. Seconded by Mayor Horgan. Carried by the following vote: Yeas — Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. Petition of JoAnn E. Smith et al (186 signatures) requesting annex- ation of property situated in the Asbury Road & Pennsylvania Ave- nue area and east of John F. Ken- nedy Road. Mayor Horgan moved that the petition be referred to the Planning & Zoning Commission and City Solicitor for proper pro- ceedings. Seconded by Councilman Pfohl. Carried by the following vote: Yeas -- Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. Councilman Takos moved that the rules be suspended in order to let anyone present address the Council if they so desire. Seconded by Councilman Ludwig. Carried by the following vote: Yeas — Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. attorney Marshall Thomas ad. dressed the Council by stating that all of the area surrounding Key Knolls should be taken in as part Of a plan for proper development of this area. lie also requested that the Council forthwith under. take annexation proceedings. Attorney F. J. O'Connor stated that the Archdiocese of Dubuque has selected 21 acres which is ulti- mately scheduled for development for church and school purposes trying to point out the need for proper annexation. Mr. George Buol of 1725 Vizalea Drive and . Jan Seipp of 1704 I.ea Lane spoke in favor of the program in the pr tit ion. I Communication of Dubuque Com- munity School District requesting that the City proceed to provide necessary services in a logical and methodical manner in order to complete building of the Kennedy Elementary School, presented and read. Mayor Horgan moved that the communication be received and filed. Seconded by Councilman Pfohl. Carried by the following vote: Yeas — Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. Attorney Marshall Thomas spoke in behalf of Hillcrest Builders Inc. by stating that his client has neves opposed the Kennedy school proj- ect. Hillcrest Builders Inc. had agreed that they would grant the necessary easements to the school at such time as school services were actually needed. Since the original agreement however they have been advised by the architects preparing the plans for the new Kennedy school that it is essential for the sewer lines to be extended soon. With this in mind Ilillerest will accept the offer of $1.00 per foot for easement purposes and Will convey to the City provided the sewer is constructed on route proposed by Hillerest Builders Inc. Mayor Horgan moved that the Hillcrest Builders Inc. offer be re- ferred to the City Manager and City Engineer for proper proceed- ings. Seconded by Councilman Pfohl. Carried by the following vote: Yeas — Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. Petition of Mr. & Mrs. Otto Do nath submitting their grievances and stating that they are willing to meet with the Council to discuss casements and Otto's wages, pre- sented and read. Mayor Horgan moved that due to the fact that ,ontents in the petition are pres- mly under litigation that the peti- tion be referred to the City Solici. .or. Seconded by Councilman Ta. cos. Carried by the following vote: Yeas — Mayor Horgan, Council nen Kean, Ludwig, Pfohl. Takos. Nays—None. lop— Petition of questing a r unexpired Po permit No. continued bu presented a Takos moved granted and to issue pro by Councilm the following 1 Yeas — M 1 men Kean, I Nays—No l Petition of I questing a unexpired p it No Regular Sessio�u, June 1, 1964 193 Lucille Hough, re- fund of $50, on the rtion of Class B Beer 115, as she has dis- siness on May 8. 1964, at read. Councilman that the refund be the Auditor instructed per warrant. Seconded an Kean. Carried by vote: ayor Horgana, Council - Ludwig, pfohl, Takos. Nays—NOT Lillian Ruth Kelly re - refund of $50 on the ortion of Class B beer perm 107, as she has discon- tinued business on May 30, 1964, presented and read. Councilman Takos 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 Horgan, Cound - men Kean, Ludwig, Pfohl, Takos. Nays—None. Proof of Publication, certified to by the Publisher, of Notice of public hearing to consider sale of Lot 2 of Block 9 in River Front Sub. No. 3 to Thermolyene Corpo- ration in the amount of $1500, pre• sented and read. No written objections were filed and no oral objectors were present in the Council Chamber at the time set for the public hearing. Mayor Horgan moved that the proof o publication be received and filed Seconded by Councilman Takos Carried by the following vote: Ycas — Mayor Horgan, Council men Kean, Ludwig, Pfohl, Takos. Nays—None. RESOLUTION NO. 121-64 WHEREAS, pursuant to Resol tion and notice of time and pla of hearing published in the Tel graph -Herald, a newspaper of ge eral circulation printed and pu lished in the City of Dubuqu Iowa, on May 8, 1964 and May 1 1964, City Council of Dubuqu Iowa, met on the 1st day of Jun 1964, at 8:30 o'clock P.M. (D.L.S.T same being a regular meeting the City Council of Dubuque, Iou in the City Council Chamber, in t City Hall, City of Dubuque, Iov to consider the proposal to dispc of interest in certain real est, at which hearing all interested par- ties were afforded an opportunity to he heard for or against such proposal to dispose of interest of City of Dubuque, Iowa in and to the following described real es- tate, to wit: Lot 2 of Block 9 of River Front Subdivision No. 3 in the City of Dubuque, Iowa; and WHEREAS, any and all objec- tions to the disposal of the inter- est of City of Dubuque, Iowa in and to the above described real estate to the THERMOLYNE COR- PORATION, for the sum of $1500.00 and other good and val- uable consideration are hereby ov- erruled. NOW THEREFORE BE IT RE- SOLVED by the City Council of Dubuque, Iowa: Section 1. That the disposal of the interest of City of Dubuque, Iowa in and to certain real estate to the Thermolyne Corporation, for the sum of One Thousand Five Ilundred ($1,500.00) Dollars and other good and valuable considera- tion be and the same is hereby ap- proved, which real estate is de- scribed as follows, to wit: Lot 2 of Block 9 of River Front Subdivision No. 3 in the City of Dubuque, Iowa. Section 2. That the Mayor and e City Clerk are hereby authorized and directed to execute the. Quit f Claim Deed for and on behalf of City of Dubuque, Iowa, covering said real estate hereinabove de. scribed to the Thermolyne Corpo - ration, and to deliver the same up- on receipt of the purchase price of $1.500.00, plus costs of publication. Section 3. That the City Clerk is hereby directed to file a certified u copy of this Resolution in the of- ce fice of the Dubuque County Re- e• corder. n- Passed, adopted and approved b- this 1st day of .lune, A.D., 1964. Robert J. Horgan Mayor Richard Ludwig Peter J. Takos Eldon A. Pfohl James J. Kean Councilmen Attest: Leo F. Frommelt City Clerk 194 l;egalar Session, June 1, 1964 Councilman Takos moved the ,dopy Mayoh Horgan. Cared Second -I (:a by the following vote: Yeas -_ Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. Proof of Publication, certified to by the Publisher, of Notice of pub- lic hearing to consider sale of a portion of Catherine Street, an al- ley in Yates Subdivision, and an alley in Henion & Bairds Subdivi- sion and Hodgd Loras College, presented and read No written objections were filed and no oral objectors were present in the Council Chamber at the time set for the hearing. Mayor Horgan moved that the proof of publication be received and filed. Seconded by Councilman Kean. Carried by the following vote: Yeas — Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. RESOLUTION NO. 122-64 WIiEREAS, pursuant to Resolu- tion and notice of time and place of hearing published in the Tele- graph -Herald, a newspaper of gen- eral circulation printed and pub- lished in the City of Dubuque, Iowa, on May 8, 1964 and May 15, 1964, City Council of Dubuque, Iowa, met on the 1st day of June, 1964, at 8:30 o'clock P.M. (D.L. S.T.), same being a regular meet- ing of the City Council of Du- buque, Iowa, in the City Council Chamber, in the City Hall, City of Dubuque, Iowa, to consider the pro- posal to dispose of interest in cer- tain real estate at which hearing all interested parties were afford- ed an opportunity to be heard for or against such proposal to dispose of interest of City of Dubuque, Iowa in and to the following de- scribed real estate, to -wit: Lot "A" Yates Subdivision in the City of Dubuque, Iowa, according to the recorded plat thereof, re- serving easement therein for ex- isting storm sewer; and Lot "B" Yates Subdivision in the City of Dubuque, Iowa, according to the recorded plat thereof; re- serving easements therein for ex- isting storm sewer; and Lot "A" Hodgdon's Subdivision in the City of Dubuque, Iowa, ac- cording to the recorded plat thereof; reserving easements therein for existing storm sewer; and WHEREAS, any and all objec- tions to the disposal of the interest of City of Dubuque, Iowa in and to the above described real es- tate to Loras College, for One ($1.00) Dollar and other good and valuable consideration are hereby overruled. NOW THEREFORE Be It Re- solved by the City Council of Du. buque, Iowa: Section 1. That the disposal of the interest of City of Dubuque, Iowa in and to certain real estate to Loras College, for the sum of One ($1.00) Dollar and other good and valuable consideration be and the same is hereby approved, which real estate is described as follows, to wit: Lot "A" Yates Subdivision in the City of Dubuque, Iowa, accord- ing to the recorded plat thereof; reserving easement therein for existing storm sewer; and Lot "B" Yates Subdivision in the City of Dubuque, Iowa, ac- cording to the recorded plat t h e r e o f; reserving easements therein for existing storm sewer; and Lot "A" Hodgdon's Subdivision in the City of Dubuque, Iowa, ac- cording to the recorded plat thereof; reserving easements therein for existing storm sewer. Section 2. That the Mayor and City Clerk are hereby authorized and directed to execute the Quit Claim Deed for and on behalf of City of Dubuque, Iowa, covering said real estate herein -above de. scribed to Loras College, and to deliver the same upon receipt of $1.00 and other good and valuable consideration, including costa of publication. Section 3. That the City Clerk is hereby directed to file a certified copy of this Resolution in the of- fiee of the Dubuque County Re- corder. Regular Se,%siun, June 1. 1%4 passed. adopted and approved this 1st day of June. A.D., 19t>4 Robert J Horgan lla> or Richard Ludwig; Peter J. Takos Eldon A. Pfohl James J Kean Councilmen Attest: Leo F. Frommelt City Clerk Councilman Ludwig moved the adoption of the resolution. Sec• onded by Mayor Horgan. Carried by the following vote: Yeas — Mayor Horgan, Council- men Kean, Ludwig. Pfohl. Takos. Nays—None. Proof of Publication, certified to by the Publisher, of Notice to Con- tractors of the receipt of bids for the construction of City of Du- buque 1964 Concrete Curb & Gut- tre Project No. 1 on the following named streets; Carter Road Exten- sion. King Street, Sycamore Street, presented and read. Councilman Takos moved that the proof of publication be re- ceived and filed. Seconded by Councilman Pfohl. Carried by the following vote: Yeas — Mayor Horgan, Council- men Kean, Ludwig, Pfohl. Takos. :Ways—None. June 1. 1964 To the Honorable Mayor and City Council Gentlemen: Pursuant to your instructions, sealed bids were received until 10:00 A.M. C.S.T. Monday, June 1, 1964, for the City of Dubuque 1964 Concrete Curb and Gutter Project No. 1. The lowest bid entered was submitted by the Tri -Stale PavinIg Company of Dubuque, Iowa. Their bid was 5.o% over the estimate. 1 recommend that the contract he awarded to Tri-State Paving Company for the 1964 Concrete Curb and Gutter Project No. 1. Respectfully, Gilbert D. Chavenelle City Manager Mayor Horgan moved that the recommendation of the Manager be approved. Seconded by Council- man Pfohl. Carried by the follow- in- vote: Yeas — Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos, Nays—None. MV (Awarding Conti act) RESOLUTION NO. 123-64 1C111•.RF.AS. sealed proposals have been submitted by contrac tors for the City of Dubuque 1964 Concrete Curb & Gutter Project No. 1 pursuant to Resolution No. 90-64 and notice to bidders put) lished in a newspaper published in said Cio on May 11, 1984 And May 18. 1964; and WHEREAS, said sealed proposals were opened and read on ,lune 1, 1964, and it has been determined that the bid of Tri-State Paving; Company of Dubuque, Iowa in the amount of $42,139.65 was the low est bid for the furnishing of all labor and materials and perform ing the work as provided for in the plans and specifications; now therefore, BE IT RESOLVED by the City Council of the City of Dubuque that the contract for the above mentioned improvement be award- ed to Tri-State Paving Company and the Manager be and he is hereby directed to execute a con- tract on behalf of the City of Du- buque for the complete perform- ance of said work. BE IT FURTHER RESOLVED, that upon the signing of said con- tract and the approval of the con- tractors bond the City Treasurer is authorized and instructed to re- turn the bid deposits of the un- successful bidders. Passed and adopted this 1st day of June. 1964. Robert J. Horgan Mayor Richard Ludwig Peter J. Takos Eldon A. Pfoh) .fames J. Kean Councilmen Attest: Leo F. F rommelt City Clerk Councilman Takos moved the adoption of the resolution. Second- ed by Mayor Horgan. Carried by the following vote: Yeas — Mayor Horgan, Council. then Kean, Ludwig, Pfohl, Takos. Nays—None. Proof of Publication, certified to by the Publisher, of Notice to Con- tractors of the receipt of proposals for the construction of City of Du- buque 1964 Bituminous Concrete 196 Regular Session, June 1, 1964 Paving Project No. 1, on the fol- lowing named streets: Allison Place, Arlington. Atlantic, Booth, Burns, Chestnut, West Eleventh, Foye, Grove Terrace, Indiana, Kine, O'Neill. Park, Rose, Rosedale, Rnsh, E. 13th, W. 12th, presented and read. Mayor Morgan moved that the proof of publication be received and filed. Seconded by Council- man Takos. Carried by the follow- ing vote: Yeas — Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. June 1, 1964 To the Honorable Mayor and City Council Gentlemen: Pursuant to your instructions, sealed bids were received until 10:00 A.M. C.S.T., Monday, June 1, 1964, for the City of Dubuque 1964 Bitumious Concrete Paving Project No. 1. The lowest bid en. tered was submitted by the Tri- state Paving Company of Dubuque, Iowa; their bid was 0.4% under the estimate. I recommend that the contract for the improvement be awarded to the Tri-State Paving Company. Respectfully submitted, Gilbert D. Chavenelle, City Manager Mayor Horgan moved that the recommendation of the City Man. ager be approved. Seconded by Councilman Ludwig. Carried by the following vote: Yeas — Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. (Awarding Contract) RESOLUTION NO. 124.64 WHEREAS, sealed proposals have been submitted by contrac- tors for the City of Dubuque 1964 Bituminous Concrete Paving Proj. ect No. 1 pursuant to Resolution No. 93.64 and notice to bidders Published in a newspaper published in said City on May 11, 1964 and May 18, 1964; and WHEREAS, said sealed propos- als were opened and read on June 1, 1964, and it has been determined that the bid of Tri Stale Paving Company of Dubuque, Iowa in the amount of $143,502.10 was the low. est bid for the furnishing of all labor and materials and perform. ing the work as provided for in the plans and specifications; now there. fore, BE IT RESOLVED by the City Council of the City of Dubuque that the contract for the above mentioned improvement be award- ed to Tri State Paving Company and the Manager be and he is hereby directed to execute a con. tract on behalf of the City of Du• buque for the complete perform. ance of said work. BE IT FURTHER RESOLVED, that upon the signing of said con. tract and the approval of the con. tractors bond the City Treasurer is authorized and instructed to re- turn the bid deposits of the unsuc- cessful bidders. Passed and adopted this 1st day of June, 1964. Robert J. Horgan Mayor Richard Ludwig Peter J. Takos Eldon A. Pfohl Peter J. Takos Councilmen Attest: Leo F. Frommelt, City Clerk Councilman Takos moved the adoption of the resolution. Second. ed by Mayor Horgan. Carried by the following vote: Yeas — Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. Proof of Publication, certified to by the Publisher, of Notice to Contractors of the receipt of pro- posals for the construction of CITY OF DUBUQUE 1964 IIOT MIX -HOT L A I D ASPHALTIC CONCRETE PAVING PROJECT NO. 1, on the following named streets: Carter Road Ext., Clarke Drive, Sycamore, West Third, University Ave., pre- sented and read. Mayor Horgan moved that the proof of publication be received and filed. Seconded by Council- man Pfohl. Carried by the follow- ing vote: Yeas—Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. June 1, 1964 TO the Honorable Mayor and City Council Gentlemen: Pursuant to your instructions, sealed bids were received until s Regular Session, June 1, 1%. 4 197 10:00 A.M. C.S.T.. Monday, June 1, 1964 for the City of Dubuque 1964 Hot Mix Hot Laid Asphaltic Concrete Paving Project No. 1. The lowest bid entered was submitted by Mulgrew Blacktop, Inc. of Du- buque, Iowa, their bid was 1.7% under the estimate. I recommend that the contract for the improvement be awarded to Mulgrew Blacktop, Inc. Respectfully submited, Gilbert D. Chavenelle, City Manager Councilman Pfohl moved that the recommendation of the City Manager be approved. Seconded by Councilman Kean. Carried by the following vote: Yeas—Mayor Horgan, Council- men Kean, Ludwig. Pfohl, Takos. Nays—None. Passed and adopted this 1st day of June, 1964. Robert J. Horgan Mayor Richard Ludwig Peter J. Takos Eldon A. Pfohl James J. Kean Councilmen Attest: Leo F. Frommelt, City Clerk (Awarding Contract) RESOLUTION NO. 125.64 WHEREAS, sealed proposals have been submitted by contractors for the City of Dubuque 1964 Hot Mix Hot Laid Asphaltic Concrete Paving Project No. 1 pursuant to Resolution No. 97.64 and notice to bidders published in a news- paper published in said City on May 11, 1964 and May 18, 1964; and WHEREAS, said sealed proposals were opened and read on June 1, 1964, and it has been determined that the bid of Mulgrew Blacktop Inc. of Dubuque. Iowa in the amount of $158,137.00 was the lowest bid for the furnishing of all labor and materials and perform- ing the work as provided for in the plans and specifications; now, therefore, BE IT RESOLVED by the City Council of the City of Dubuque that the contract for the above mentioned improvement be award- ed to Mulgrew Blacktop Inc., and the Manager be and he is hereby directed to execute a contract on behalf of the City of Dubuque for the complete performance of said work. BE IT FURTHER RESOLVED, that upon the signing of said con- tract and the approval of the con- tractors bond the City Treasurer is authorized and instructed to re- turn the bid deposits of the unsuc- cessful bidders. Councilman Takos moved the adoption of the resolution. Second- ed by Councilman Kean. Carried by the following vote: Yeas—Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. Proof of Publication, certified to by the Publisher, of Notice to Con- tractors of the receipt of proposals for the construction of CITY OF DUBUQUE 1964 CONCRETE PAV- ING WITH INTEGRAL CURB PRO- JECT NO. 1, on the following nam- ed streets: Kerper Blvd., Terminal Street, Charter Street, presented and read. Councilman Kean moved that the proof of publication be received and filed. Seconded by Council- man Takos. Carried by the follow- ing vote: Yeas—Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. June 1, 1964 To the Honorable Mayor and City Council Gentlemen: Pursuant to your instructions, sealed bids were received until 10:00 A.M. C.S.T. Monday, June 1, 1964, for the City of Dubuque 1964 Concrete Paving with Inter. gal Curb, Project No. 1, the lowest bid submitted by the Thomas Flynn Coal Company of Dubuque, Iowa, was 18.7% over the estimated cost. I recommend that the contract for this improvement be awarded to the Thomas Flynn Coal Com- pany. Respectfully submitted, Gilbert D. Chavenelle City Manager Mayor Horgan moved that the recommendation of the City Man- ager be approved. Seconded by Councilman Kean. Carried by the I following vote: 198 Regular Session, Jmle 1, 19CA _ __- Yeas—Mayor Horgan, Council11 - men Kean, Ludwig, Pfohl. Nays—Councilman Takos. (Awarding Contract) RESOLUTION NO. 126.64 WHEREAS, scaled proposals have been submitted by contractors for the City of Dubuque 1964 Con- crete Paving with integral Curb Project No. I pursuant to Resolu- tion No. 100.64 and notice to bid- ders published in a newspaper pub- lished in said City on May 11, 1964 and May 18, 1964: and WHEREAS, said sealed proposals were opened and read on June 1, 1964 and it has been determined that the bid of Thomas Flynn Con: Co. of Dubuque. Iowa in the amount of $190,234.88 was the lowest bid for the furnishing of all labor and materials and performing the work as provided for in the plans and specifications; now therefore, BE IT RESOLVED by the City Council of the City of. Dubuque that the contract for the above mentioned improvement be award- ed to Thomas Flynn Coal Co. and the Manager be and he is hereby directed to execute a contract on behalf of the City of Dubuque for the complete performance of said work. BE IT FURTHER RESOLVED, that upon the signing of said con- tract and the approval of the con- tractors bond the City Treasurer is authorized and instructed to re- turn the bid deposits of the unsuc- cessful bidders. Passed and adopted this 1st day of June, 1964. Robert J. Horgan Mayor Richard Ludwig Peter J. Takos Eldon A. Pfohl James J. Kean Councilmen Attest: Leo F. Frommelt, City Clerk Mayor Horgan moved the adop- tion of the resolution. Seconded by Councilman Kean. Carried by the following vote: Yeas—Mayor Horgan, Council- men Kean, Ludwig, Pfohl. Nays—Councilman Takos. Proof of Publication, certified to by the Publisher, of Notice to Contractors of the receipt of pro- posals for the construction of City of Dubuque Park Board Parking Lot Projects at the Log Cabin Park- ing Lot in Eagle Point Park; Ham House Parking Lot on Shiras Ave.; Roadway Surfacing in Grandview Park, presented and read. 1llayor Horgan moved that the proof of publication be received and filed. Seconded by Councilman Kean. Carried by the following vote: Yeas—Dlayor Horgan, Council. men Kean, Ludwig, I'fohl, Takos. Nays—None. May 28, 1964 To the Honorable Mayor and City Council Gentlemen: The Dubuque Planning and Zon- ing Commission met on May 26, 1964 and approved the final Plat of Blk 23, Lot 16.30 Inc., Blk 24, I.ot 11-26 Inc., Blk. 25, Lot 5-8 Inc., Blk. 26, Lot 1-12 Inc., Blk. 27, Lot 1-7 Inc., & Blk. 22, I.ot 8-14 Inc. in Clover Hills Subdivision in the City of Du- buque, Iowa Approval of the above described plat by the City Council is hereby recommended. Respectfully submitted, Frank J. Glab, Secretary Mayor Horgan that the recom- mendation of the Commission be approved. Seconded by Councilman Pfohl. Carried by the following vote: Yeas — Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. RESOLUTION NO. 127.64 Resolution approving the plat of Block 22 Lots 8 to 14 in- clusive, Block 23 Lots 16 to 30 incvlusive, Block 24 Lots 11 to 26 inclusive, Block 25 Lots 5 to 8 inclusive, Block 26 Lots 1 to 12 inclusive, Block 27 Lots 1 to 7 inclusive of "Clover Hills" Subdivision in the City of Du- buque, Iowa Whereas, there has been filed with the City Clerk a plat in which: Lot 1 of Lot 2 of Lot 2 of Lot I of Lot 1 of Lot l of Lot 1 of Lot 1 of Clarence Arlen Place in the City of Dubuque. Iowa is platted as Lots 8 through 14 Block 22, 1 Lots 16 through 30 Block 23, Regular Session, june 1, 1964 199 Lots I1 through 28 Block 24, lots 5 through 8 Block 25, Lots 1 through 12 Block 28 and Lots 1 through 7 Block 27 of Clover ugbduivon in the e, Cityof DubsiDubuque County, Iowa by Clarence J. Arlon and Dolores Arlan as owners thereof, and Whereas said plat has been ex- amined by the City Planning and Zoning Commission and approved by said body, and Whereas upon said plat appears streets known as Marywood Drive, Crissy Drive, Glenview Circle, Rose- wood Drive and Hiview Circle and easements for public utilities which the Owners upon said plat have dedicated to the public forever, and Whereas, said plat has been found by the City Council to con- form to the Statutes and Ordin- ances relating thereto except that the streets have 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 Marywood Drive, Crissy Drive Glenview Circle, Rosewood Drive and Hiview Circle and easement for public utilities, all the same appears upon said plat, be and the same are hereby accepted and tha said streets are hereby establishe as public streets in the City of D buque; Section 2. That the plat of th Subdivision of Lot 1 of Lot 2 o Lot 2 of Lot 1 of Lot 1 of Lot of Lot 1 of Lot 1 of Clarenc Arlen Place in the City of D buque, Iowa, which will hereaft be known as Lots 8 through Block 22, Lots 18 through Block 23, Lots 11 through 26 Bloc 24, Lots 5 through 8 Block 25, Lo 1 through 12 Block 28 and Lo 1 through 7 Block 27 of Clov Hills Subdivision in the City Dubuque, Iowa, is hereby approv and the Mayor and Clerk are he by authorized and directed to dorse the approval of the City Dubuque upon said plat, providi the Owners of said property here before named, executes written ac- ceptance hereto attached, agreeing: a. To reduce Marywood Drive, Crissy Drive, Glenview Circle, Rosewood Drive and Hiview Circle to grade as shown on the profiles submitted with this plat: b. To surface Marywood Drive, Crissy Drive, Glenview Circle, Rosewood Drive and Hiview Circle for a width of 30 feet with 8" rolled stone base, 2%" Asphaltic Concrete Surfacing and with Concrete curb and gutter. All of the foregoing shall be constructed according to the latest City of Dubuque specifications. c. To install sidewalks on both sides of Marywood Drive, Crissy Drive, Glenview Circle, Rose- wood Drive and Hiview Circle in accordance with the City of Du- buque Standard Specifications for Permanent Sidewalks. d. To install water mains in ac- cordance with plans submitted with the plat. e. To install storm and sanitary sewers in accordance with plans 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 im- provements in accordance wit plans and specifications ap- proved by the City Manager and t under the inspection of the City d Engineer. Du h. To maintain the Street Im- provements for a period of four e (4) years from date of accept - f ance and to maintain the water 1 mains and sanitary sewers for e a period of four (4) years from I- the date of its acceptance. er i. To provide the foregoing con 14 struction and maintenance at 30 the expense of the Owner. k j. To construct said improvements is except sidewalks prior to No- ts vember 30, 1985. eT k. To construct sidewalks prior to of November 30, 1988. ed and further provided that Clarence her J. Arlen and Dolores Arlen as en- Owners thereof of said subdivision of secure the performance of the fore- ng going conditions by providing in security in such sums with such app Regular Session, June 1, 1964 sureties as may be acceptable to the City Manager: Section 3. That in the event that said Clarence J. Arlen and Dolores Arlen shall fail to execute the acceptance and provide security provided in Section 2 hereof within forty-five (45) days from the date of this Resolution 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 1st day of June, A.D., 1964. Robert J. Horgan Mayor Richard Ludwig Peter J. Takos Eldon A. Pfohl James J. Kean 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 127-64 has been provided by the Owner, Dubuque, Iowa, July 14, 1964. Gilbert D. Chavenelle, City Manager ACCEPTANCE OF RESOLUTION NO. 127-64 Clarence J. Arlen and Dolores Arlen having read the terms and conditions of the foregoing Resolu- tion 127.64 and being familiar with the contents thereof hereby accept the same and agree to perform the conditions therein required. Clarence J. Arlen Dolores Arlen Dated: June 1, 1964 Mayor Horgan moved the adop- tion of the resolution. Seconded by Councilman Kean. Carried by the following vote: Yeas — Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. May 22, 1964 To the Honorable Mayor and City Council Gentlemen: At a Special Meeting of the Du- buque Planning and Zoning Com- mission held on May 22, 1964, the following action was taken: It is recommended that the peti. tion of Midwest Developers, Inc. to annex approximately forty (40) acres in the NEi,4 of the NEI/4 of Sec. 28, T. 89 N., R. 2 E., of the 5th P.M. in Dubuque County, Iowa be approved and that the approval of the City Council is recommend- ed. Motion declared adopted with Commissioner Flynn not voting having left the meeting prior to the discussion. Respectfully submitted, Frank J. Glab, Secretary Mayor Horgan moved approval of the recommendation. Seconded by Councilman Takos. Carried by the following vote: Yeas — Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. NO. 128.64 RESOLUTION EXTENDING CITY LIMITS WHEREAS, the owner of an area approximately 40 acres in size Im- mediately adjoining the westerly city limits of the City of Dubuque, Iowa, and south of Pennsylvania Avenue, has made application for annexation of said territory to the City of Dubuque, Iowa; and WHEREAS, said territory is be- ing substantially built up; and WHEREAS, the inhabitants of said territory will be enabled to secure the benefits of city govern- ment in the way of police and fire protection if said territory is incorporated within the city limits of the City of Dubuque, Iowa; and WHEREAS, the inhabitants of said territory will be enabled to secure water, sewer a n d other municipal services if said territory is incorporated within t h e city limits of the City of Dubuque, Iowa; and WHEREAS, Section 362.30, Code of Iowa, 1962, authorizes the ex- tension of city limits in situations of this character by the adoption of a resolution therefor; and WHEREAS, the future growth, development and preservation of the public health of the City of Dubuque, Iowa makes it impera- tive that said territory be made a part of the City of Dubuque, Iowa; and WHEREAS, it is necessary to provide for the orderly and sys- Regular Session, June 1, 1964 201 tematic growth and development of the territory adjoining the City of Dubuque, Iowa; NOW, THEREFORE, be it re- solved by the City Council of the City of Dubuque. Iowa, that the territorial limits of the City of Dubuque be and they are hereby extended westerly by annexing to the City of Dubuque, Iowa the territory embraced within the fol- lowing described boundaries, to - wit: Beginning at the North East Corner of Section 28, Township 89 North, Range 2 East of the 5th Principal Meridian, thence West 1328.0 feet to the North West Corner of the North East One Quarter (1/4) of the North East One Quarter (/4) of Section 28, Township 89 North, Range 2 East of the 5th Principal Me- ridian, thence South 0° 23' East 502.2 feet, thence South 0° 41' East 200 feet, thence South 0° 26' East 100 feet, thence South 0^ "I 30" East 535.1 feet to the South West Corner of the North East One Quarter (1/4) of the North East One Quarter (1/4) of Section 28, Township 89 North, Range 2 East of the 5th Principal Meridian, thence South 89° 36' 30" East 1333.6 feet; thence North 0° 23' West 1346.8 feet to the point of beginning and containing approximately 40 acres. as shown on the plat attached hereto and by this reference mad a part hereof, the boundaries of said area being outlined in red thereon. Passed, adopted and approve this 1st day of June, 1964. Robert J. Horgan Mayor Richard Ludwig Peter J. Takos Eldon A. Pfohl James J. Kean Councilmen May 25, 1964 Honorable Mayor and City Council City of Dubuque Gentlemen: The undersigned owners of Lot 1 of 1 of 1 of 1 of 1, Lot 2 of 1 of 1 of 1 of 1, Lot 2 of 1 of 1 of 1, all of the West One Half (1/2) of the North East One Quarter (1/4) of Section 21, Township 89 North, Range 2 East of the 5th Principal Meridian, Dubuque Coun- ty, Iowa. Lot 2 of the North West One Quarter (1/4) of the South East One Quarter (1/4) of Section 21, Township 89 North, Range 2 East of the 5th Principal Meridian, Dubuque County, I o w a, petition your honorable body to annex this area to the City of Dubuque, Iowa. We are owners of 100% of the property proposed to be annexed. Preliminary approval for a sub- division has been received from the Planning and Zoning Commis- sion for the area. The area is adjacent to the existing corporation line along the South line of Lot 2 of 1 of 1 of 1 of 1 of the West One Half (1/2) of the North East One Quarter (1/4) of Section 21, Township 89 North, Range 2 East of the 5th Principal Meridian. Respectf ally submitted, SCHILTZ DEVELOPMENT CORPORATION By J. H. Schiltz President By L. J. Schiltz e Secretary George W. Paisley Bernice M. Paisley d Mayor Horgan moved that the request be approved. Seconded by Councilman Kean. Carried by the following vote: Yeas — Mayor Horgan, council- men Kean, Ludwig, Pfohl, Takos. Nays—None. Attest: Leo F. Frommelt City Clerk Mayor Horgan moved the adop- tion of the resolution. Seconded by Councilman Takos. Carried by the following vote: Yeas — Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. May 28, 1964 To The Honorable Mayor and City Cuuncil Gentlemen: Com- mission Planning and Zoning and mission met on May 26, approved the annexation petition of annex z approximately tely 69 5 acres, poration to annex app known Road, to Paisley City of Du- buon que. buque. 202 ltri,ulur Session, June 1, 1964 The approval of the attached annexation petition by the City Council is hereby recommended. Respectfully submitted, Frank J. Glob Secretary Councilman Kean moved approv. al of the recommendation Second- ed by Councilman Pfohl. Carried by the following vote: Yeas — Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. RESOLUTION NO. 129.64 Whereas, the owners of an area approximately 69.5 Acres in size immediately adjoining the Wester- ly City limits in the City of Du- buque, Iowa and adjoining Key Knolls Subdivision in the City of Dubuque have made application for annexation of said territory to the City of Dubuque, Iowa and Whereas, the said territory is being substantially built up and; Whereas, the inhabitants of said territory will be enabled to secure the benefits of city government in the way of police and fire protec- tion if said territory is incorpor- ated within the city limits of the City of Dubuque, Iowa; and Whereas, the inhabitants of said t^rritory will be enabled to secure water, sewer, and other municipal services if said territory is in- corporated within the city limits of the City of Dubuque, Iowa; and Whereas, Section 362.30, Code of Iowa, 1958, authorize the exten- sion of city limits in situations of this character by the adoption of a resolution therefor; and Whereas, the future growth, development, and preservation of the public health of the City of Dubuque, Iowa, makes it impera- tive that said territory be made a part of the City of Dubuque, Iowa; and Whereas, it is necessary to pro- vide for the orderly and system- atic growth and development of the territory adjoining the City of Dubuque, Iowa; Now Therefore, Be It Resolved By The City Council Of The City of Dubuque, Iowa, that the terri. torial limits of the City of Dubu. que, Iowa, be and they are hereby extended Northerly from the North boundary of Key Knolls Sub. division by annexing to the City of Dubuque, Iowa, the territory embraced within the following de. scribed boundaries towit: Commencing at the South West Corner of the North East One Quarter (Ys) of Section 21, Town. ship 89 North, Range 2 East of the 5th Principal Meridian, thence South 1 3' East 208.85 feet to the point of beginning; thence North 1 3' West 208.85 feet, thence North 001, 26' West 2408.34 feet, thence South 83 07' East 660.88 feet, thence North 6 53' East 175.35 feet, along a 649.1 foot radius curve concave Southerly, thence South 00' 45' East 2397.02 feet, thence North 89' 03' West 1041.85 feet, thence South 01' East 208.78 feet, thence North 890 19' West 208.5 feet to the point of begin- ning and containing approximate- ly 60.5 acres. Passed, adopted and approved the 1st day of June, 1964. Robert J. Horgan Mayor Richard Ludwig Peter J. Takos Eldon A. Pfohl .fames J. Kean Councilmen Attest: Leo F. Frommelt City Clerk Councilman Takos moved the adoption of the resolution. Second- ed by Councilman Kean. Carried by the following vote: Yeas — Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. May 28, 1964 To the Honorable Mayor and City Council Gentlemen: The Dubuque City Planning and Zoning Commission met on May 26, 1964 and approved the Plat of Block 1, Lots 1.31 Inc., Block 2, Lots 1-25 & Lots 37.46 Inc., Block 3, Lot 1, Block 4, Lot A & Lot 1, Block 5, Lot 1,9 Inc., Block 6, Lot 1, & Block 7, Lot 1 in Sunset Park Subdivision No. 2 in the City of Dubuque, Iowa. The approval of the above de. scribed plat by the City Council is hereby recommended. Respectfully submitted. Frank .1. Glab, Secretary Regular Session, June 1, 1964 203 Councilman Kean moved that the recommendation of the Commission be approved. Seconded by Council- man Takos. Carried by the follow- ing vote: Yeas—Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. RESOLUTION NO. 130-64 RESOLUTION APPROVING THE PLAT OF LOTS 1 THROUGH 31 BLOCK 1, LOTS 1 THROUGH 25 AND LOTS 37 THROUGH 46 BLOCK 2, LOT 1 BLOCK 3, LOT A AND LOT 1 BLOCK 4, LOTS 1 THROUGH 9 BLOCK 5, IAT 1 BLOCK 6, AND LOT 1 BLOCK 7 SUNSET PARK SUBDIVISION NO. 2, IN THE CITY OF DUBUQUE, IOWA Whereas, there has been filed with the City Clerk a plat in which: Lot 1 of 1 of 1 of 1 of land Lot 1 of 2 of 1 of 1 of 1 of 1 of the West One Half (1/2) of the North East One Quarter (1/4) of Section 21, Township 89 North, Range 2 East of the 5th Principal Meridian is platted as Lots 1 through 31 Block 1, Lots 1 through 25 and Lots 37 through 46 Block 2, Lot 1 Block 3, Lot A and Lot I Block 4, Lots 1 through 9 Block 5, Lot 1 Block 6 and Lot 1 Block 7 in Sunset Park Subdivision No. 2 in the City of Dubuque, Iowa, by Schiltz Development Corpora- tion as Owner thereof; and Whereas said plat has been ex- amined by the City Planning and Zoning Commission and approved by said body; and Whereas upon said plat appears streets to be known as St. John Drive, Graham Circle, P a i s l e y Court, Suzanne Drive and West Way and also easements for public utilities which the Owner upon said plat has dedicated to the pub- lic forever; and Whereas said plat has been found by the City Council to con form to the Statutes and Ordi nances relating thereto except tha the streets have not been reduce to grade or paving, sewer, wale or sidewalks installed therein; NOW THEREFORE, BE IT R SOLVED BY THE CITY COUNCII OF T H E CITY OF DUBUQUE, IOWA: Section 1. That the dedication of St. John Drive, Graham Circle, Paisley Court, Suzanne Drive and West Way, together with the ease- ments for public utilities all as the same appears upon said plat; be and the same are hereby ac- cepted and that said streets be and are hereby established as pub- lic streets in the City of Dubuque; Section 2 That rhe plat of Lot 1 of 1 of 1 of 1 of 1 and Lot 1 of 2 of 1 of 1 of 1 of 1 of the West One Half (1/2) of the North East One Quarter (1/4) of Section 21, Township 89 North, Range 2 East of the 5th Principal Meridian, which will hereafter be known as I.,ots 1 through 31 Block 1, Lots 1 through 25 and Lots 37 through 46 Block 2, Lot 1 Block 3, Lot A and Lot 1 Block 4, Lots 1 through 9 Block 5, Lot 1 Block 6 and Lot 1 Block 7 in Sunset Park Subdivi. sion No. 2 in the City of Dubuque, Iowa, is hereby approved and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Du- buque upon said plat providing the Owner, of said property, herein- before named, executes written ac- ceptance hereto attached, agreeing: a. To reduce St. John Drive, Gra- ham Circle, Paisley Court, Suz- anne Drive and West Way to grade as shown by the profiles submitted with the plat. b. To surface St. John Drive, Gra- ham Circle, Paisley Court, Su- zanne Drive and West Way for a width of 30 feet with 8" Rolled Stone Base, 2%" Asphaltic Con- crete Surfacing and Concrete Curb and Gutter. All of the foregoing shall be constructed according to the latest City of Dubuque specifications. c. To install sidewalks on both sides of St. John Drive, Graham Circle, Paisley Court, Suzanne Drive and West Way in accord- ance with the City of Dubuque Standard Specifications f o r Permanent Sidewalks. t d. To install water mains in d accordance with plans sub• r mitted with this plat. e, To install sanitary sewers in E. accordance with plans sub- mitted with this plat. 204 ilegular Session, June 1, 1964 t'. To install the sanitary sewer and water house laterals for each lot to behind the property line. g. To construct the foregoing im- provements in accordance with plans and specifications ap- proved by the City Manager and under the inspection of the City Engineer. h. To maintain all street improve- ments and sewer and water mains for a period of four (4) years from the date of its acceptance. i. To construct said improvements prior to November 30, 1966. j. To provide the foregoing con- struction and maintenance at the expense of the Owner. and further provided that the Schiltz Development Corporation as Owners of said Subdivision secure the performance of the fore- going conditions by providing security in such suwns and with sureties as may be acceptable to the City Manager. Section 3. That in the event Schlitz Development Corporation shall fail to execute the acceptance and provide security provided for in Section 2 hereof within forty- five (45) days from the date of this Resolution the provisions hereof shall be null and void and the acceptance of the dedication and approvrl of the plat shall not be effective. Passed, adopted and approved by recorded roll call vote this 1st day of June, A.D., 1964. Robert J. Horgan Mayor Richard Ludwig Peter J. Takes Eldon A. Pfohl James J. Kean Councilmen Attest: I.eo F. Frommelt City Clerk To Leo F. Frommelt, City Clerk: This is to certify that the secur- ity required for the foregoing Resolution 13064 has been pro. vided by the Owner. Dubuque, Iowa, July 9, 1964. Gilbert D. Chavenelle City Manager ACCEPTANCE OF RESOLUTION NO. 130.64 Schiltz Development Corpora- tion having read the terms and conditions of the foregoing Rc lution 13064 and being Tamil with the contents thereof, hen accepts the same and agrees perform the conditions ther required. SCHILTZ DEVELOPMENT CORPORATION J. H. Schiltz President L. J. Schiltz Secretary Dated June 4, 1964 Councilman Kean moved the approval of the resolution. Second. ed by Councilman Takos. Carried by the following vote: Yeas — Mayor Horgan, Council. men Kean, Ludwig, Pfohl, Takos. Nays—None. RESOLUTION NO. 131.64 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. Name Address Mrs. Arthur Duggan, 399 East 20th Street Beverly Glynn, 655 Central Avenue BE IT FURTHER RESOLVED that the bonds filed with the ap- plication be approved. Passed, adopted and approved this Ist day of June, 1964. Robert J. Horgan Mayor Richard Ludwig Peter J. Takos Eldon A. Pfohl James J. Kean Councilmen Attest: Leo F. Frommelt City Clerk Councilman Takos moved t h e adoption of the resolution. Second- ed by Councilman Pfohl. Carried by the following vote: Yeas — Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. RESOLUTION NO. 132.64 WHEREAS, applications for Beer Permits have been submitted to this Council for approval and the same have been examined: NOW THEREFORE, Regular Session, June 1, 1964 205 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. Address Name CLASS "B" BEER PERMIT Paul W. Schollmeyer. 176 Locust Street Milton E. Chapman, 1399 Jackson Street David Anthony Frey, 1046 Central Avenue Beverly Glynn, 655 Central Avenue Marco Giunta, 2022 Central Avenue Denise O'Neill, 55 Locust Street Pete Sfikas & Gust Karigan, 401- 405 Central Avenue Fred Ansel, 1100 Lincoln Avenue Mrs. Arthur Duggan, 399 East 20th Street Julien Dubuque Summar Carnival, Inc., Summer Festival Area on Industrial Island CLASS "B" BEER PERMIT PRIVATE CLUB Knights of Columbus, 781 Locust Street Dubuque Golf and Country Club, 260 Randall Place CLASS "C" BEER PERMITS Leonard A. Hafeman, 785 Grove - land Eagle Food Centers, Inc. Store #144, 3033 Asbury Street Eagle Food Centers, Inc. Store #130, 1800 Elm Street Kenneth W a u 1, 2850 Burlington Street Passed, adopted and approved this 1st day of June, 1964. Robert J. Horgan Mayor Richard Ludwig Peter J. Takos Eldon A. Pfohl James J. Kean Attest: Councilmen Leo F. Frommelt City Clerk Councilman Pfohl moved t h e adoption of the resolution. Second ed by Councilman Takos. Carrie by the following vote: Yeas — Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos Nays—None. RESOLUTION NO. 133.64 WHEREAS, applications for Bee 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 an d 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. Name Address CLASS "B" BEER PERMIT Paul W. Schollmeyer, 176 Locust Street Milton E. Chapman, 1399 Jackson Street David Anthony Frey, 1046 Central Avenue Beverly Glynn, 655 Central Avenue Marco Giunta, 2022 Central Avenue Denise O'Neill, 55 Locust Street Pete Sfikas & Gust Karigan, 401- 405 Central Avenue Fred Ansel, 1100 Lincoln Avenue Mrs. Arthur Duggan, 399 East 20th Street Julien Dubuque Summer Carnival, Inc., Summer Festival Area on Industrial Island CLASS "B" BEER PERMIT PRIVATE CLUB Knights of Columbus, 781 Locust Street Dubuque Golf and Country Club, 260 Randall Place CLASS "C" BEER PERMIT Leonard A. Hafeman, 785 Grove, land Eagle Food Centers, Inc. Store #144, 3033 Asbury Street Eagle Food Centers, Inc. Store #130, 1800 Elm Street Kenneth W a u 1, 2850 Burlington Street BE IT FURTHER RESOLVED that the bonds filed by such ap• plicants be and the same are here- by approved. Passed, adopted and approved this 1st day of June, 1964. Robert J. Horgan Carried Mayor Richard Ludwig Peter J. Takos Eldon A. Pfohl James J. Kean Attest: Councilmen r Leo F. Frommelt City Clerk 206 Regular Session, June 1, 1964 Mayor Horgan moved the adop tion of the resolution. Seconded by Councilman Pfohl. Carried by the following vote: Yeas — Mavor Horgan, Council- men Kean. Ludwig. Pfobl, Takos. Nays—None. RESOLUTION NO. 134.64 WHEREAS, it appearing to the City Council of City of Dubuque, Iowa that the sum of $10,000.00 should be set aside from the available balance of funds on hand in the Rafferty Fund and should be made available for the purchase of materials for the parking area by the Dubuque Summer Festival. Now Therefore Be It Resolved by the City Council of City of Dubuque, Iowa; Section 1. That the sum of $10,- 000.00 be and the same is hereby made available from the Balance of funds on hand in the Rafferty Fund for the purchase of materials for the parking area by the Du- buque Summer Festival. Section 2. That all expenditures from said amount of $10,000.00 shall be made upon invoices ap- proved by the "City Coordinator." Section 3. That the work on the parking lot to be performed by the Dubuque Summer Festival be performed upon approval by the city engineer of city of Dubuque, Iowa. Section 4. That the Dubuque Summer Festival shall supply suf- ficient labor, material and equip- ment to carry out the parking lot project. Passed, adopted and approved this 1st day of June, 1964. Richard Ludwig Eldon A. Pfohl James J. Kean Councilmen Attest: Leo F, Frommelt, City Clerk Councilman Ludwig moved the adoption of the resolution. Second- ed by Councilman Pfohl. Carried by the following vote: Yeas — Councilmen Kean, Lud- wig, Pfohl. Nays—Mayor Horgan, Council- man Takos. Mr. Richard Slattery, Recreation Director addressed the Council by stating that the method making ,10,000 available from the Raff Bund is not approved by the •eation Commission. However, kre not against the Summer F ial. There being no further busi Mayor Horgan moved to adjo ieconded by Councilman K ,arried by the following vote Yeas — Mayor Horgan, Cou men Kean, Ludwig, Pfohl, Tt,.,.,.. Nays—None. Leo F. Frommelt, City Clerk Approved N.oVe.mber ....?..1964. Adopted November 16 1964. ...........;;^17. x. . Councilm( Attest: City Clerk Special Session, June 8, 1964 20x1 -------------- --- CITY COUNCIL (OFFICIAL) Special Session, June 8, 1964. Council met at 11:00 o'clock A.M. Central Standard Time (12:00 Noon D.S.T.) present—Mayor Horgan, Council- men Ludwig, Takos. City Manager Gilbert D. Chavenelle. Absent— Councilmen Kean, Pfohl. Mayor Horgan read the call and stated that service thereof had been duly made and this meeting is called for the purpose of receipt of bids on parking facilities rev- enue bonds and awarding the con- tract for the construction of the Locust Street Parking Garage and acting on any other business which may properly come before the meeting. Proof of Publication, of Notice of Sale of $1,250,000. Parking Facilities Revenue Bonds City of Dubuque, Iowa, 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 Takos moved that the proof of publication be received and filed. Seconded by Mayor Hor- gan. Carried by the following vote: Yeas—Mayor Horgan, Council- men Ludwig, Takos. Nays—None. Absent—Councilmen Kean, Pfohl. No oral bids were received. The following sealed bids were opened by the City Clerk and read: $1,250,000 CITY OF DUBUQUE, IOWA Parking Facilities Revenue Bonds 1966.76 3.75% 3.806656% Date of Sale: June 8, 1964 1977.79 3.801,"o Bidders 1980-83 3.90% Blyth & Co., Inc., New York and 1984-94 3.80% Bacon, Whipple & Co., Chicago—Joint Managers Channer Newman Securities Co., Chicago Net John Nuveen & Co., Inc., Chicago —Manager 100.0000 1966.73 Interest Price Coupon Rates Rate 100.0000 1966.72 4. % 3.77912°% AWARDED 1973-89 3.75% 3.70% 1990-94 3.80% 3.80°% Francis I. duPont & Co., New York and Mullaney, Wells & Com- pany, Chicago—Co-Mgrs. 100.0308 1966.76 3.75% 3.806656% Barcus, Kindred & Company, Chicago 1977.79 3.801,"o Walston & Co., Inc., New York 1980-83 3.90% Quail & Co., Davenport, Iowa 1984-94 3.80% Shaw, McDermott & Co., Des Moines, Iowa Channer Newman Securities Co., Chicago John Nuveen & Co., Inc., Chicago —Manager 100.0000 1966.73 4.50% 3.8119°% The White -Phillips Company, Inc., Dvnpt. 1974.77 3.80% Carleton D. Beh Co., Des Moines 197&84 3.70% Zahner and Company, Kansas City 1985.94 3.80°% F. S. Smithers & Co., New York 100.0442 1966.93 4.20% 3.8259196 1984 .10% Stern Brothers & Co., Kansas City, Mo. and Paine, Webber, Jackson & Curtis, New York— Joint Managers 100.0350 1966-71 4.50% 3.87469% Becker & Cownie Inc., Des Moines 1972.83 3.75% Neu and Company, Des Moines 1984.94 3.90% B. J. Van Ingen & Co., Inc., New York 100.0010 1966.71 5 % 3.8903% 1972.86 3.80% 1987-94 3.90`Yu Special Session, June 8, 1964 208 Paul D. ing in the years 1966 to 1972, in - Communication of Inc. Municipal elusive, bearing interest at the Speer & Associates Consultants, stating that rate of four per cent (4%) per Finance examination the bid of annum, the bonds maturing in the upon their & Co. Inc. and Associates years 1973 to 1989, inclusive, bear - Blyth best bid received and that ing interest at the rate of three is the favorable to the City and hree fourths per cent m%atur- annum it is Pea and the bonds should be accepted. ing in the years 1990 to 1994, in - Mayor Horgan moved that the and elusive, bearing interest at the communication be received rate of three and eighty hundreths filed. Seconded by Councilman per cent (3.80%) per annum; Takos. Carried by the following NOW THEREFORE, Be It Re. vote: solved by the City Council of the Yeas -- Mayor Horgan, Council- City of Dubuque, Iowa, as follows: men Ludwig, Takos. S,ction 1. That upon being duly Nays—None. A b s e n t — Councilman Kean, advised in the premises it is here. by determined that the bid of Pfohl. Blyth & Co. Inc, for the purchase RESOLUTION NO. 135-64 of $1,250,000 Parking Facilities RESOLUTION providing for the Revenue Bonds of said City, dated sale and award of $1,250.000 June 1, 1964, as advertised, with bonds numbered 1 to 37, inclusive, Parking Facilities Revenue maturing in the years 1966 to Bonds, and approving and au- thorizing the agreement of such 1972, inclusive, bearing interest at the rate of four per cent (4%) sale and award. per annum, bonds numbered 38 to * * 185, inclusive, maturing in the WHEREAS notice of sale of years 1973 to 1989, inclusive, bear. $1,250.000 Parking Facilities Reve. ing interest at the rate of three nue Bonds of the City of Dubuque, and three fourths per cent (32,'4%) in Dubuque County, Iowa, has here- per annum, and bonds numbered tofore been given in strict com- 186 to 250, inclusive, maturing in pliance w i t h the provisions of the years 1990 to 1994, inclusive, Chapter 75 of the Code of Iowa, bearing interest at the rate of by publication of notice for two three and eighty hundreths per or more successive weeks in a cent (3.80%) per annum, is the newspaper published in Dubuque highest and best bid received, and County; and that said bonds be and the same WHEREAS all sealed bids have are hereby awarded to said Blyth been received and placed on file, & Co. Inc. after which open bids were called Section 2. That the form of agree - for and received, the highest of ment of sale of said bonds be and which open bids was as follows: the same is hereby approved, and the bid submitted by None Submit- the Mayor, City Clerk and City ted consisting of par and accrued Treasurer are hereby authorized interest plus a premium of $0, to accept and execute the same with the bonds maturing in the for and on behalf of the City of years 0 to 0, inclusive, bearing Dubuque, Iowa, and to affix the interest at the rate of 0 per cent corporate seal of said City thereto. (0%) per annum, the bonds matur- Section 3. That all resolutions ing in the years 0 to 0, inclusive, or parts of resolutions in conflict bearing interest at the rate of 0 ho-rewith be and the same are per cent (0%) per annum, and the hereby repealed. bonds maturing in the years 0 to Passed and approved June 8, 0, inclusive, bearing interest at the 1964. rate of 0 per cent (0%) per annum; and thereafter such sealed bids were opened, the substances of the best sealed bids being as fol- lows: the bid submitted by Blyth & Co. Inc., consisting of par and accrued interest plus a premium of $ None, with the bonds matur. Robert J. Horgan Mayor Richard Ludwig Peter J. Takos Councilmen Attest Leo F. Frommelt City Clerk Speci.il Session, June 8, 1964 -- 209 Councilman Takos moved the SI. adoption of the resolution. Second- sai ed by Mayor Horgan. Carried by a,, the following vote: Peas—Mayor Iiorgan, council- pp men Ludwig. Takos. Nays—Nona Absent—Councilmen Kean, Pfohl. fo Mayor Horgan moved that the certifiedt checks be returned to the t unsuccessful bidders. Seconded by clf Councilman Takos. Carried by the p following vote: p Yeas — Mayor Horgan, Council- men Ludwig, Takos. r Nays—None. o Absent — Councilmen Kean, Pfohl. RESOLUTION NO. 136.64 Resolution providing for the t award of a contract for the con- struction of the Locust Street I Parking Garage. WHEREAS pursuant to notice published in the manner and form required by law, bids and propos- als were received by this City Council on May 18, 1964, for the construction of a multi-level, re- inforced concrete parking struc- ture, designated as the Locust Street Parking Garage, in the blockoc bounded by Lust, Bluff, Eighth and Ninth Streets in and for the City of Dubuque, Iowa, together with necessary accessories and ap. purtenances, all ill accordance with the plans and specifications theretofore prepared by De Lcuw, Cather & Company, Engineers for said City, and filed with the City Clerk on April 20, 1964; and WHEREAS all of said bids and proposals have been carefully con- sidered and it is necessary and ad. visable that provision be made for the award of a contract for the construction of said parking struc- ture; NOW, THEREFORE, BE IT and It Is Hereby Resolved by the City Council of the City of Dubuque, Iowa, as follows: Section 1. That the Locust Street Parking Garage referred to in the preamble hereof be and the same is hereby ordered constructed. Section 2. That it is hereby found, determined and declared that the bid of J. P. Cullen & Son Corporation, of Janesville, State of Wisconsin in the amount of 074,731 for the construction of d Locust Street Parking Garage, provided for in the plans and ecifications referred to in the eamble hereof, is the lowest re- onsible bid received and the me is hereby accepted. Section 3. That it is hereby und, determined and declared hat the bid accepted in the pre - ,ding section of this resolution is oily responsive to the original Tans and specifications for said arking structure as prepared by De Leuw, Cather & Company, as eferred to in the preamble here - f, and as on file with the City Clerk on April 20, 1964. Section 4. That the Mayor and City Clerk are hereby authorized o execute a contract, for and on behalf of the City of Dubuque, own, with the above named con- tractor for the construction of said parking structure, in the amount hereinabove stated, and to affix the corporate seal of said City to said contract, said contract to be in the form provided in the plans and specifications referred to in the preamble hereof. Section 5. That the certified checks of all unsuccessful bidders br- and the same are hereby or- dered returned to such bidders. Section 6. That all resolutions and orders or parts thereof in con- flict herewith be and the same are hereby repealed to the extent of such conflict. Passed and approved June 8th, 1964. Robert J. Horgan Mayor Richard Ludwig Peter J. Takos Councilmen Attest: Leo F. Frommelt City Clerk Recorded June 8, 1964. Leo F. Frommelt City Clerk Mayor Iiorgan moved the adop- tion of the resolution. Seconded by Councilman Takos. Carried by the following vote: Yeas — Mayor Horgan, council- men Ludwig, Takos. Nays—None. Absent — Councilmen Kean, 1'fohl. 210 Special Session, Mayor Horgan moved that this meeting be adjourned to June lb, 1864 at 11:00 A.lvl. Central Stand - and Time in the Council Chamber at the City Hall. Seconded by he fol- lowing Takos. Carried by lowing vote: yeas—Mayor Horgan, Council, men Ludwig, Takos. Nays—None. Absent — Council- men Kean, Pfohl. Leo F. Frommelt, City Clerk. Approved November 16 1964. Adopted NQ.VBI�l'....] 6 eft Councilmen: ......................... Attes•............................ .................... City Clerk June 8, 1964 — — Adjourned Special Session, June 15, 1984 211 CITY COUNCIL', OFFICIAL Adjourned Special Session, June 15, 1964. Council met at 11:00 o'clock A.M. Central Standard Time (12:00 Noon D.S.T.) Present—Mayor Horgan, Council- men Ludwig, Takos. City Manager Gilbert D. Chavenelle. Absent — Councilmen K e an, Pf Ohl. Mayor Horgan read the call and stated that service thereof had been duly made and this is an ad. journed meeting of the Special meeting of June 8, 1964, for the purpose of approving the contract for the construction of the Locust Street Parking Garage, and acting on any other business which may properly come before the meeting. RESOLUTION NO. 137.64 ance bond has been filed by said contractor; NOW, THEREFORE, Be It and It Is Hereby Resolved by the City Council of the City of Dubuque. Iowa, as follows: Section 1. That the contract be- tween the City of Dubuque, Iowa, and J. P. Cullen & Son Corporation, in the amount of $1,074,731.00, dated June 15, 1964, for the con- struction of the Locust Street Park ing Garage, as provided for in the plans and specifications referred to in the preamble hereof, and the performance bond filed in connec- tion therewith, are hereby approv- ed. Section 2. That all resolutions and orders or parts thereof in contlict herewith be and the same are hereby repealed. Passed and approved June 15, 1964. Robert J. Horgan Mayor Richard Ludwig Peter J. Takos Councilmen RESOLUTION approving the contract for the construction of the Locust Street Parking Gar- age. WHEREAS pursuant to notice and hearing, bids were received on May 18, 1964, by the City of Du- buque, Iowa, for the construction of a multi-level reinforced concrete parking structure designated as the Locust Street Parking Garage, in the block bounded by Locust, Bluff, Eighth and Ninth Streets in said City, as called for in plans and specifications prepared by De Leuw, Cather & Company, Engi- neers, and filed with the City Clerk on April 20, 1964; and WHEREAS this Council has here- tofore determined that the bid of J. P. Cullen & Son Corporation of Janesville, Wisconsin, in the amount of $1,074,731.00 constitutes the lowest responsible bid received for the construction of said parking structure, and a contract has been awarded to said lowest bidder; and WHEREAS a contract in the form provided in said plans and specifications has been executed by said contractor, which said con- tract has been signed by the Mayor and attested by the City Clerk on behalf of the city of Dubuque, Iowa, and a satisfactory perform Attest: Leo F. Frommelt City Clerk Recorded June 15, 1964. Leo F. Frommelt City Clerk Councilman Takos moved the adoption of the resolution. Sec- onded by Mayor Horgan. Carried by the following vote: Yeas—Mayor Horgan, Council- men Ludwig, Takos. Nays—None. Absent ---Councilmen Kean, Pfohl. Mayor Horgan urged that local labor and materials be used as much as possible in the construc- tion of the Locust Street Parking Garage. There being no further business Mayor Horgan moved to adjourn. Seconded by Councilman Takos. Carried by the following vote: Yeas — Mayor Horgan, Council- men Ludwig, Takos. Nays—None. Absent — Councilmen K e a n, Pfohl. Leo F. Frommelt City Clerk 212--- Adjourned Special Session, June 15, 1964 () Approved APY-014D. . r .... 16,964 NoveT,bW 16 Adopted ...... ... . . . . ........... IN4 Councilmen: ........................... Attes*t-� CITY Special Se Council met at 3:45 o clock P.M. Daylight Saving Time. Present—Mayor Horgan, Council- men Kean, Ludwig, Pfohl. City Manager Gilbert D. Chavenelle. Absent—Councilman Takos. Mayor Horgan read the call and stated that service thereof had been duly made and this meeting is called for the purpose of con- sidering cigarette and liquor ap- plications for Julien Dubuque Sum- mer Carnival, Inc., and acting on any other business which may pro- perly come before a regular meet- ing of the City Council, RESOLUTION NO. 138.64 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. Julien Dubuque Summer Carni- val, Inc., Industrial Island. BE IT FURTHER RESOLVED that the bonds filed with the ap- plication be approved. Passed, adopted and approved this 19th day of June, 1964. Special Session, June 19, 1964 218 COUNCIL following application be granted and licenses issued upon the com- pliance with the terms of the Official IOWA LIQUOR CONTROL ACT— CHAPTER June 19, 1964. CHAPTER 123—as amended by the 80th General Assembly, 1983. Robert J. Horgan Mayor Richard Ludwig Eldon A. Pfohl James J. Kean Councilmen Attest: Leo F. Frommelt City Clerk Name Address Class C!, Commercial Establish- ment Julien Dubuque Summer Carni- val, Inc.. industrial Island. Passed adopted and approved this 19th day of .lime, 1964. Councilman Ludwig moved the adoption of the resolution. Second- ed by Mayor Horgan. Carried by the following vote: Yeas—Mayor Horgan, Council- men Kean, Ludwig, Pfohl. Nays—None. Absent—Councilman Takos. RESOLUTION NO. 139.64 WHEREAS, applications for Liquor Permits have been submit- ted 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 Robert J. Horgan Mayor Rnchard Ludwig Eldon A. Pfohl James J. Kean Councilmen Attest: Leo F. Frommelt City Clerk Councilman Ludwig moved the adoption of the resolution. Sec- onded by Councilman Pfohl. Car- ried by the following vote: Yeas—Mayor Horgan, Council- men Kean, Ludwig, Pfohl. Nays—None. Absent—Councilmen Takos. RESOLUTION NO. 140-64 WHEREAS, application 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 M SOLVED by the City Council of Dubuque, Iowa, that the Manager be authorized to cause to be is- sued to the following named appli- cant a Liquor Permit. Name Addrlass Class "C" Commercial EstaMish- ment Julien Dubuque Summer Carni- val, Inc., Industrial Island. Passed, adopted and approved this 19th day of June, 1964. Robert J. Horgan Mayor Rnehard Ludwig Eldon A. Pfohl James J. Kean Councilmen Attest: Leo F. Frommelt City Clerk 214 Special Session, June 19, 1964 Mayor Horgan moved the adop. Lion of the resolution. Seconded I by Councilman Pfohl, Carried by the fololwing vote: yeas --Mayor Horgan, Council- men Kean, Ludwig. Pfohl. Nays --None. Absent—Councilman Takos. There being no further business Mayor Horgan moved to adjourn. Seconded by Councilman Ludwig. Carried by the following vote: Yeas—Mayor Horgan, Council- men Kean, Ludwig. Pfohl. Nays—None. Absent—Councilman Takos. Leo F. Frommelt City Clerk Approved NPVe.mber..... 6,1964 :adopted November 16 Adopted �..... __ .... Councilmen Attea City Clerk Special Session, June 22, 1964 215 CITY COUNCILicial. Off Special Session, June 22, 1964. Council met at 7:30 P.M. Daylight Saving Time. Present—Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos, City Manager Gilbert D. Chave- nelle. Mayor Horgan read the call and stated that service thereof had been duly made and this meeting is called to approve various business license applications and acting up- on such other business as may properly come before a regular meeting of the City Council. Communication of American Mu- nicipal Assn. extending an invi- tation to the officials of the City to attend the American Municipal Congress to be held in Miami Beach, Fla., July 25 to July 29, 1964, presented and read. Councilman Takos moved that the communication be referred to the Council. Seconded by Council- man Kean. Carried by the follow- ing vote: Yeas—Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos, Nays—None. Communication of Dubuque Fed- eration of Labor expressing their thanks for the wonderful coopera- tion given by the City in the reg- istration drive in the use of the mobile unit, presented and read. Mayor Horgan moved that the communication be received and filed. Seconded by Councilman Takos. Carried by the following vote: Yeas—Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. Communication of Dubuque Fed- eration of Labor favoring a change in voting precincts to better serve the voters, presented and read. Mayor Horgan moved that the communication be referred to the City Planner, City Engineer and City Clerk. Seconded by Council. man Takos. Carried by the follow- ing vote: Yeas—Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays --None. Communication of Park Com. missioners stating that a motion was made by their body at a re- cent meeeting requesting the Coun. cil to consider action on beauti. fying the Highway entrances to the City on Highway #20 West, and Highway #151 South, presented and read. Councilman Takos moved that the communication be referred to the City Manager for investigation and report. Seconded by Council- man Kean. Carried by the follow- ing vote: Yeas—Mayor Horgan, Council. men Kean, Ludwig, Pfohl, Takos. Nays—None. Communication of Board of Park Commissioners stating that they ac- cepted approximately 4,000 square feet of land from Orchard Park, Inc., located at the north end en- trance to Eagle Point Park and recommend that the Council grant approval, presented and read. Mayor Horgan moved that the offer be accepted and that same be referred to the Planning do Zoning Commission and also to the City Solicitor for proper proceed- ings. Seconded by Councilman Takos. Carried by the following vote- Yeas—Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. June 19, 1964. To the Honorable Mayor and City Council, Gentlemen: The petition of Hillcrest Build- ers, Inc., for street lights in the north extension of Key Knolls Sub- division has been investigated by the Electrical Inspector. It is recommended that 4000 in- candescent lights be placed at the following locations: 1. On Vizaleea Drive on an ease. ment between Lots 4 and 5 Block 8. 2. On Hansel Drive on an easement between Lots 6 and 7 Block 9. 3. On Phyllrich Drive on an ease- ment between Lots 6 and 7 Block 10. 4. On Phyllrich Drive on an ease- ment between Lots 6 and 7 Block 11. 5. On Key Way on an casement at Lot 4 Block B. Respectfully, Gilbert Chavenelle, City Manager. 216 Special Session, June 22, 1961 Councilman Kean moved that the recommendation of the City Manager be approved. Seconded by Councilman Takos. Carried by the following vote: Yeas—Mayor Horgan, Council. men Kean, Ludwig, Pfohl, Takos. Naps—None. .lune 19, 1964. To the Honorable Mayor and City Council, Gentlemen: The petition of Leonard Birch and others for a street light on Kane Street has been investigated by the Electrical Inspector. It is recommended that a 4000 incandescent light be placed on a pole between 1160 and 1190 Kane Street. Respectfully, Gilbert D. Chavenelle, City Manager. Councilman Kean moved that the recommendation of the City Manager be approved. Seconded by Councilman Ludwig. Carried by the following vote: Yeas—Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. June 19, 1964. To the Honorable Mayor and City Council, Gentlemen: The petition of Ediel Gardner for a street light on Isborn Avenue has been investigated by the City Electrical Inspector. It is recommended that a 4000 lumen incandescent light be in. stalled on a pole in front of 1720 Isborn Avenue. Respectfully, Gilbert D. Chavenelle, City Manager. Councilman Kean moved that the recommendation of the City Manager be approved. Seconded by Councilman Pfohl. Carried by the following vote: Yeas — Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. June 22, 1964 To the Honorable Mayor and City Council Gentlemen: On Thursday, ,lune 18th, Mr. ]I. P. Rohde of Roshek Realty phoned me concerning the reservation of parking space. On June 19th, Mr. Rohde, the City Solicitor and I discussed the matter. It was con - eluded that Mr. Rohde would pre- sent the request at, the council meeting of .June 22nd. The request is for ten parking spaces to be used until the open. ing of the Locust Street. Ramp by doctor tenants of Roshek Realty whose automobiles have been dis. placed from space in the Roshek parking lot by the construction of the ramp. Respectfully submitted, Gilbert D. Chavenelle City Manager Mayor Horgan moved that the communication be received a n d filed. Seconded by Councilman Takes. Carried by the following vote: Yeas — Mayor Horgan, Council. men Kean, Ludwig, Pfohl, Takos. Nays—None. Mayor Horgan moved that the rules be suspended in order to let anyone present address the Coun. cil if they so desire. Seconded by Councilman Takos. Carried by the following vote: Yeas — Mayor Horgan, Council. men Kean, Ludwig, Pfohl, Takos. Nays—None. Mr. Pat Rohde, Manager of the Roshek Realty Co., was concerned about some of the doctors in the Roshek building that will lose their parking spaces during the construc- tion of the Locust Street Parking Ramp. There are presently nine- teen Doctors in the Roshek Build ing, eleven of which have already found suitable parking space. This would mean that eight should be taken care of because they are unable to obtain anything else. The interim period is an absolute ne- cessity. Mr. Rohde knows of four doctors that will be dispossessed entirely. Councilman Takos moved that the request be referred to the Council and that the four doctor., presently dispossessed be taken care of until an analysis can be made for the July 6th meeting. Seconded by Councilman Ludwig. Carried by the following vote: Yeas — Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. June 22, 1964 To the Honorable Mayor and City Council, Gentlemen: This is to advise that 1 have approved the following bonds and r-_ Special Session, June 22, 1961 217 and desire to have your accordingly but I will not request policy actual ansf er of funds until on samefor approval illinghe City later the Sectoli to the app Respectfully submitted, Solicitor: Gilbert D. Chavenelle, EXCAVATION City Manager Curtis -Straub Company, Policy No. Councilman Takos moved that CL 636-671, American States Ins. the recommendation of the City Co. Manager be approved. Seconded SIDEWALX by Mayor Horgan. Carried by the Frank E. and Delbert Miller, Hawk- following vote: eye -Security Ins. Co. Yeas — Mayor Horgan, Council- Heitzman construction Co., United men Kean, Ludwig, Pfohl, Takos. Pacific Ins. Co. Nays—None. W i 11 y Construction Co., United June 22, 1964 Pacific Ins. Co. Joseph A. Becker d/b/a Albert To the Honorable Mayor and City Council Becker Si Sons, General Insur• ante Co. John Schadler, Western Surety Co. Gentlemen: At one of your meetings held Carl Blosch, Merchants M u t u a 1 around February, you briefly dis- Bonding Co. Tri-State Paving Co., Hawkeye-Se- cussed off-street parking along Dodge Street. I suggested that the curity Ins. Co. manager would again look into the Respectfully, situation. Gilbert D. Chavenelle, It has been stated that the mu - City Manager nicipality has a committment to Mayor Horgan moved that the be filed sub- provide off-street parking on Dodge. Also, it has been stated bonds and policies ject to the approval of the City that the city owes abutters a re - Solicitor. Seconded by Councilman port. In answer to both, I cite my Council dated No - Kean. Carried by t h e following letter to the vember 5, 1962 which is on page vote: Yeas — Mayor Horgan, Council- 390 of the Council Record for 1962. the use of men Kean, Ludwig, Pfohl, Takos. The letter was about Peabody Street as a parking lot, Nays—None. June 22, 1984 this being the single, central and To the Honorable Mayor practically the only possible site The letter in and City Council, to serve the area. did state that the City Gentlemen: On April 6, 1964 the Council substance did try to construct a parking lot passed the following motion: on Peabody; and that this project " approval Subject to Manager's app for the people of Dodge Street was stopped by some persons that the Park Board be given an additional $6500.00 for the actually living on the street. Further, at Peabody Street installing of a fence and park- the time of the I did inform some of the ing 1 o t improvement abutting proposal, residents in the hope that they the Ham House." they c o u l d favorably persuade those Bids have been received; stopping the project. are:Dodge Parking Lot ....................$2,742.45 On April 13, 1964, Street reinvestigated by Fence ................................ 1,130.00 was completely the Manager and City Engineer. $3,872.45 Block by block information was and tabulated. After this I propose that the installation recorded field investigation, engineering es- be financed by the use of unap- timates were made, land appraisals propriated balances: secured and an outline drawn cov- Recreation— Museum Acct. .. .....$2,190.00 ering the entire project. jTh s out- is dated May Recreation—Parks ........ 1,682.45 line was the intent of the manager to $3,872,45 present the outline data orally to the May 4th If you agree with this financing the council. Since date, due to the extended business recommendation, I will proceed 216 Special Session, June 22, 1964 Councilman Kean moved that I eluded that Mr. Rohde would pre. the recommendation of the City sent the request at the council Manager be approved. Seconded meeting of June 22nd. by Councilman Takos. Carried by The request is for ten parking the following vote: spaces to be used until the open- Yeas—Mayor Horgan, Council- ing of the Locust Street Ramp by men Kean, Ludwig, Pfohl, Takos. doctor tenants of Roshek Realty Nays—None. whose automobiles have been dis- June19, 1964. To the Honorable Mayor and City Council, Gentlemen: The petition of Leonard Birch and others for a street light on Kane Street has been investigated by the Electrical Inspector. It is recommended that a 4000 incandescent light be placed on a pole between 1160 and 1190 Kane Street. Respectfully, Gilbert D. Chavenelle, City Manager. Councilman Kean moved that the recommendation of the City Manager be approved. Seconded by Councilman Ludwig. Carried by the following vote: Yeas—Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. June 19, 1964. To the Honorable Mayor and City Council, Gentlemen: The petition of Ediel Gardner for a street light on Isborn Avenue has been investigated by the City Electrical Inspector. It is recommended that a 4000 lumen incandescent light be in- stalled on a pole in front of 1720 Isborn Avenue. Respectfully, Gilbert D. Chavenelle, City Manager. Councilman Kean moved that the recommendation of the City Manager be approved. Seconded by Councilman Pfohl. Carried by the following vote: Yeas — Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos, Nays—None. June 22, 1964 To the Honorable Mayor and City Council Gentlemen: On Thursday, June 18th, Mr. H. P. Rohde. of Roshek Realty phoned me concerning the reservation of parking space. On June 19th, Mr. Rohde, the City Solicitor and I discussed the matter. It was con - placed from space in the Roshek parking lot by the construction of the ramp. Respectfully submitted. Gilbert D. Chavenelle City Manager Mayor Horgan moved that the coin munication be received a n d filed. Seconded by Councilman Takos. Carried by the following vote: Yeas — Mayor Horgan, Council. men Kean, Ludwig, Pfohl, Takos. Nays—None. Mayor Horgan moved that the rules be suspended in order to let anyone present address the Coun- cil if they so desire. Seconded by Councilman Takos. Carried by the following vote: Was — Mayor Horgan, Council. men Kean, Ludwig, Pfohl, Takos. Nays—None. Mr. Pat Rohde, Manager of the Roshek Realty Co., was concerned about some of the doctors in the Roshek building that will lose their parking spaces during the construc- tion of the Locust Street Parking Ramp. There are presently nine- teen Doctors in the Roshek Build- ing, eleven of which have already found suitable parking space. This would mean that eight should be taken care of because they are unable to obtain anything else. The interim period is an absolute ne. cessity. Mr. Rohde knows of four doctors that will be dispossessed entirely. Councilman Takos moved that the request be referred to the Council and that the four doctors presently dispossessed be taken care of until an analysis can be made for the July 6th meeting. Seconded by Councilman Ludwig. Carried by the following vote: Yeas — Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. June 22, 1964 To the Honorable Mayor and City Council, Gentlemen: This is to advise that I have approved the following bonds and Special Session, it policy and desire to have your a approval on same or f filing,the sub- 1 ject to the approval ty Solicitor: EXCAVATION Curtis-Straub 671, American States Ins CL . t Co. States Ins. Frank E. and Delbert Miller, Hawk- f eye -Security Ins. Co. Heitzman Construction Co., United Pacific Ins. Co. Willy Construction Co., United Pacific Ins. Co. Joseph A. Becker d/b/a Albert Becker do Sons, General Insur- ance Co. John Schadler, Western Surety Co. Carl Blosch, Merchants M u t u a l Bonding Co. Tri-State Paving Co., Hawkeye-Se- curity Ins. Co. Respectfully, Gilbert D. Chavenelle, City Manager Mayor Horgan moved that the bonds and policies be offiled the City sub- ject to the approval Solicitor. Seconded by Councilman Kean. Carried by t h e following vote: Yeas — Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. June 22, 1964 To the Honorable Mayor and City Council, Gentlemen: On April 6, 1964 the Council passed the following motion: "Subject to Manager's approval that the Park Board be given an additional $6500.00 for the installing of a fence and park- ing 1 o t improvement abutting the Ham House." Bids have been received; they are: Parking Lot ....................$2,742.45 Fence................................ 1,130.00 $3,872.45 I propose that the installation be financed by the use of unap- propriated balances: Recreation— Museum Acct . ............$2,190.00 Recreation—Parks ........ 1,682.45 $3,872.45 If you agree with this financing recommendation, I will proceed ute 22, 1964 217 ccordingly but I will not request he actual transfer of funds until ater in the year. Respectfully submitted, Gilbert D. Chavenelle, City Manager Councilman Takos moved that he recommendation of the City Manager be approved. Seconded by Mayor Horgan, Carried by the ollowing vote: Yeas — Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. June 22, 1964 To the Honorable Mayor and City Council Gentlemen: At one of your meetings held around February, you briefly dis- cussed off-street parking along Dodge Street. I suggested that the manager would again look into the situation. It has been stated that the mu- nicipality has a committment to p r o v i d e off-street parking on Dodge. Also, it has been stated that the city owes abutters a re- port. In answer to both, I cite my letter to the Council dated No. vember 5, 1982 which is on page 390 of the Council Record for 1962. The letter was about the use of Peabody Street as a parking lot, this being the single, central and practically the only possible to serve the area. The letter in substance did state that the City did try to construct a parking lot on Peabody; and that this project for the people of Dodge Street was actually stopped by some persons living on the street. Further, at the time of the Peabody Street proposal, I did inform some of the residents in the hope that they c o u l d favorably persuade those stopping the project. On April 13, 1964, Dodge Street was completely reinvestigated by the Manager and City Engineer. Block by block information was recorded and tabulated. After this field investigation, engineering es- timates were made, land appraisals secured and an outline drawn cov- ering the entire project, 64his s out- line is dated May d it was the intent of the manager to present the outline data orally to the council. Since the May 4th date, due to the extended business 218 $pe-Cial session, June 22, 1964 of the council on other matters, it has not been possible to make this presentation. Enclosed is a sketch layout of Dodge Street depicting several off- street parking locations. F r o m number 950 to number 616 is 1650 feet. This is the length that encompassed almost all of the park- ing difficulties. Along this 1650 feet there are 16 places which have no driveway or off-street park- ing. These 16 places are scattered along the distance in such a fashion that the center point where most people would be served was cal- culated to be at number 720. Thus a parking lot placed at 720 would serve more of the 16 places without off-street parking than any other location on the street. In the investigation the follow- ing were selected as providing the Description Number Distance State land, of from north side Spaces Center at Locust ........30 970' Vacant lot 6,583.43 100.00 at #654 ..........10 21,861.98 350' At #710, #270 ......18 10,796.68 0 plus #696 .......... 8 0 24,870.30 26 0 At #809 .................12 7,929.05 260' City land, north side, west of #841 ..21 800' only possibility for off-street park- ing along Dodge Street: 1. State land, north side at Locust Street. 2. A vacant lot just west of #654. 3. Area on the south side at Num- bers 696, 710 and 720. 4. Area on the north side at #809. 5. City land on the north side approximately 300 feet west of #841. In the following table the es- timated c o s t of constructing a parking lot in the several loca- tions is shown. Where property purchase is necessary, the prop- erty cost has been based on land appraisal. Two prices are given for each lot, the first for a 2" bituminous surface, and the second for a seal coat surface which will require an- nual or bi-annual maintenance. Estimate Cost Cost Cost of with Bit. with Main - Surface Seal Coat teuance $ 3,228.75 $ 2,120.65 $340.00 6,907.43 6,583.43 100.00 22,647.98 21,861.98 250.00 11,184.28 10,796.68 120.00 33,832.26 32,678.26 370.00 24,870.30 24,277.60 185.00 9,377.50 7,929.05 450.00 From the above table, it appears June 22, 1964 that the first and last proposals 1 To the Honorable Mayor have the advantage from the cost i and City Council point of view, and the number of i parking spaces gained. Both have ! Gentlemen: the defect, however, of being 800 1 1 hereby present my budget rec- and 970 feet from the service cen. i ommendation for the fiscal year ter. 1965. Respectfully submitted, Gilbert D. Chavenelle City Manager Mayor Horgan moved that the Council view the grounds with the map of the area presented. Second- ed by Councilman Takos. Carried by the following vote: Yeas — Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos, Nays—None. Respectfully submitted, Gilbert D. Chavenelle City Manager Mayor Horgan moved that the communication be received a n d filed. Seconded by Councilman Pfuhl. Carried by the following vote: Yeas -- Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays --None. Special Session, June 22, 1964 _ _ 219 June 8, 1984 lion. Mayor cil Rc Mr race a Geiser Gentlemen: On February 12, 1964 Mrs. Grace Geiser of 1197% Iowa Street, Du- buque. Iowa, filed claim against the City of Dubuque claiming per- sonal injuries as a result of a fall on a public sidewalk on the north side of lith Street between the alley and Main Street, which fall occurrd on December 17, 1963. I have made an investigation of this claim and find that there is no actionable negligence on the, part of the City of Dubuque and there- fore recommend denial of s a i d claim. Original claim is attached hereto. Respectfully submitted, R. N. RUSSO City Attorney Councilman Ludwig moved that the recommendation of the City Attorney be approved. Seconded by Mayor Horgan. Carried by the fol- lowing vote: Yeas — Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos, Nays—None. June 17, 1964 Hon. Mayor & City Council Re: Mrs. Elizabeth Betz 2141 Heeb Street Dubuque, Iowa Attorney be approved and the Auditor instructed to issue proper warrant. Seconded by Mayor Hor- gan. Carried by the following vote: Yeas — Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. Honorable Mayor and City Council Gentlemen: On December 19, 1963 Mrs. Eliz- abeth Betz filed claim against the City of Dubuque for injuries suf- fered on November 13, 1963, al- leging a fall on a public sidewalk abutting Hartig Drug Company at 22nd St. & Kaufmann claiming a defective sidewalk thereat. I have made an investigation of this matter and have consulted with the claimant who has made an offer of settlement in t h e amount of $150.00. It is the recommendation of the City Attorney that said offer of settlement be accepted and the City Auditor be instructed to draw a warrant p a y a b l e to Elizabeth Betz upon receipt of a duly ex- ecuted release. Original claim is attached hereto. Re: Harold C. Galliarl 764 Rose St. Dubuque, Iowa Gentlemen: On April 27, 1964, Harold C. Galhart of 764 Rose St., Dubuque, Iowa, filed claim against the City in the amount of $124.44, claiming damages to his vehicle as a result of drop in portion of the street at the northwest corner of 8th and Bluff Streets in the City of Du- buque, at which corner is located a catch basin, and alleging a defec- tive condition thereat, which inci- dent occurred on April 24, 1964. I have made an investigation of this matter and have received a report from the Street Commission- er and it is the recommendation of the City Attorney that said claim be denied as there is no actionable negligence on the part of the City. Original claim is attached hereto. Respectfully submitted, R. N. RUSSO City Attorney Councilman Ludwig moved that the recommendation of the City Attorney be approved. Seconded by Councilman Takos. Carried by the following vote: Yeas — Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. June 22, 1964 Hon. Mayor & City Council Re: Miss Grace B. Beach 1390 Bluff St. Dubuque, Iowa Yours very truly, R. N. RUSSO City Attorney Councilman Ludwig moved that the recommendation of the City Gentlemen: On April 9, 1963, Miss Grace B. Beach of 1390 Bluff St., Du- buque, Iowa, filed claim for in- juries suffered as a result of a fall on a public sidewalk on Feb- ruary 28, 1963, at the southwest corner of Iowa and Loras in the City of Dubuque, Iowa. I have made an investigation of this matter and from claimant's statement to police it appears that water was draining onto the public walk creating an icy spot; and it 120 Special Session, June 22, 1964 is the recommendation of the City Attorney that said claim be denied as it appears that the abutting property owner was responsible for this condition. Original claim is attached hereto. Respectfully submitted, R. N. RUSSO City Attorney Councilman Ludwig moved that the recommendation of the City Attorney be approved. Seconded by Mayor Horgan. Carried by the fol. lowing vote: Yeas — Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. June 22, 1964 Honorable Mayor & City Council Re: Leo N. Harris Box 318 Benton, Wisconsin Gentlemen: On May 18, 1964, Leo N. Harris, Box 318, Benton, Wisconsin, filed claim for damages to his vehicle as a result of cave in of a public street on 5th Street between Main and Iowa on May 8, 1964. I have made an investigation of this matter and find that said street cave-in was due to the unusu. al heavy rains and that said cave-in had not existed prior to this in- cident and for such length of time as would constitute negligence on the part of the City for failure to repair same, and therefore recom. mend denial of said claim. Original claim is attached hereto. Respectfully submitted, R. N. RUSSO City Attorney Councilman Ludwig moved that the recommendation of the City Attorney be approved. Seconded by Mayor Horgan. Carried by the fol. lowing vote: Yeas -- Mayor Horgan, Council. men Kean, Ludwig, Pfohl, Takos. Nays—None. June 22, 1964 To the Honorable Mayor and City Council Gentlemen: At a joint meeting of the City Council and the Planning and Zon- ing Commission held on Friday, June 19, 1964 the need for a new Zoning Ordinance to replace Or. dinance No. 3-34 of January 29, 1934 was discussed. The Planning and Zoning Com- mission desires to begin prepare. tion of a new Zoning Ordinance and Map following concurrence by the City Council. Respectfully Submitted. DUBUQUE CITY PLANNING AND ZONING COMMISSION Frank J. Glab, Secretary Mayor Horgan moved that ac- tion be taken by the Planning & Zoning Commission. Seconded by Councilman Takos. Carried by the following vote: Yeas — Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. Notice of claim of Mrs. Marian G. Stoltz, in the amount of $200., for personal injuries received as the result of a fall in the cross. walk at 7th & Bluff Street on April 16, 1964, presented and read. Coun- cilman Takos moved that the notice of claim be referred to the City Solicitor for investigation and re- port. Seconded by Councilman Kean. Carried by the following vote: Yeas — Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. Notice of claim of Marianne L. Gavin, in an unspecified amount, for personal injuries received as the result of a fall on a defective sidewalk at 1585 Delhi Street on June 12, 1964, presented and read. Councilman Takos moved that the notice of claim be referred to the City Solicitor for investigation and report. Seconded by Councilman Kean. Carried by t h e following vote: Yeas — Mayor Horgan, Council. men Kean, Ludwig, Pfohl, Takos. Nays—None. Notice of claim of Eleanor A. Pfohl, in the amount of $36.00, for Plumbing expense incurred as the result of a plugged -up sewer at 262 Fremont Ave. on June 10, 1964, presented and read. Council- man Takos moved that the notice of claim be referred to the City Solicitor for investigation and re- port. Seconded by Councilman Kean. Carried by the following vote: Yeas — Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. Special Session, June 22, 1964 221 Notice of claim of John Robert i Hansen, in the amount of $50.00, for car damage as the result of being struck by the street resweeper on June 12, 1964, presented and read. Councilman Takos moved that the notice of claim be re- ferred to the City Solicitor for investigation and report. Seconded i by Councilman Kean. Carried by the following vote: Yeas — Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. Notice of claim of Gary Lee Baas, in the amount of $168.10, for personal injuries received as the result of a fall in the Burden Avenue playground on April 22. 1964, presented and read. Council- man Takos moved that the notice of claim be referred to the City Solicitor for investigation and re- port. Seconded by Councilman Kean. Carried by the following vote: Yeas — Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. Notice of Suit by Otto R. & Ellen E. Donath, in the amount of $103,800, for damages to their dwelling and building lots a n d further damages for storage and drainage, presented and read. Councilman Takos moved that the Notice of Suit be referred to the City Solicitor. Seconded by Coun- cilman Ludwig. Carried by the fol- lowing vote: Yeas — Mayor Horgan, Council. men Kean, Ludwig, Pfohl, Takos, Nays—None. June 22, 1964 ning & Zoning Commission be ap- proved. Seconded by Councilman Kean. Carried by t h e following vote: Yeas — Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. :Nays—None. ORDINANCE NO. 20-64 An Ordinance Vacating the alley lying between Eighth Street and Ninth Street and Between Bluff Street and Locust Street in the City of Dubuque, Iowa, presented and read. Council Ludwig moved that the reading just had be considered the first reading of the Ordinance. Seconded by Councilman Takos. Carried by the following vote: Yeas — Mayor Horgan, Council. men Kean, Ludwig, Pfohl, Takos. Nays—None. Councilman Ludwig moved that the rule be suspended requiring an Ordinance to be read on three separate days. Seconded by Council- man Takos. Carried by the follow- ing vote: Yeas — Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. To the Honorable Mayor and City Council Gentlemen: At a special meeting held on Friday, June 19, 1964 the Plan- ning and Zoning Commission voted to recommend to your honorable body the vacation of the alley lying between Eighth Street and Ninth Street and Between Bluff Street and Locust Street in the City of Dubuque, Iowa. Respectfully submitted, Dubuque City Planning and Zoning Commission Frank J. Glab, Secretary Councilman Pfohl moved that the recommendation of the Plan ORDINANCE NO. 2014 AN G THE ALLEY LYING BETWEDINANCE EN EIGHTH STREET AND NINTH STREET AND BETWEEN BLUFF STREET AND LOCUST STREET IN THE Cr" OF WHEREAS, the ailey lying between FiQhth Street and N1nth Street and between Bluff Street and Locust Street In the Cl ty of Dubuque, Iowa Is no Ion needed for purposes of vehicular and pedestrian traffic for the reason that etyofulel fvl ds toercamltivemotor vehicle parking garage on said alley and the property abutting the some; and WHEREAS said alglley should be vacata m a fon ofeCitynofnDubuqu� Iowa. has approved the vacation thereof. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF CITY OF DUBUQUE, IOWA: Section 1. That the all Iyfag be. tween Eighth Street and Ninth Streel and between Bluff Street and Locust Street in the City of Dubuque, Iowa, be and the same is hereby vacated. Section 2. That the City Clerk be and he is hepreby directed to record the certified of the oRecorderr Innand for Dubuque County, Iowa. Section 2. This Ordinance shall be In full force and effect from and after its a final byalawe, adoovi ed.n and publics- Introduced the 22nd day of June, 1864. Rule requiring pp reading on three "P- votee the 22nduaday of June, unanimous804. *^ 222 Special Session, June 22, 1984 Passed by recorded roll call vote, adopted and approved this 22nd day Of June. 1964, Robert J. Horgan MAYOR Richard Ludwig Peter J. Takos Eldon A. Pfohl James J. Kean COUNCILMEN Attest: Leo F. Frommelt ('1TY CLERK Published officially in The Telegraph - Herald Newspaper this 26th day of June 1964. Leo F. Frommelt City Clerk 1 t. 6.26 Councilman Ludwig moved the adoption of the Ordinance. Second- ed by Councilman Takos. Carried by the following vote: Yeas — Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. Copy of Communication of Mrs. Ralph B. Tritsch addressed to the Recreation Director requesting the opening of the Allison -Henderson rest rooms for daily use by the children who would like to take advantage of the playground, pre- sented and read. Councilman Takos moved that the communication be referred to the Recreation Direc• tor. Seconded by Councilman Lud- wig. Carried by the following vote: Yeas — Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. Petition of Green Acres Picnic group requesting permission to dis. Play fireworks for their Fourth of July picnic, presented and read. Councilman Pfohl moved that the petition be referred to the Mayor, Manager and Fire Chief. Seconded by Councilman Takos. Carried by the following vote: Yeas—Mayor Horgan, Council. men Kean, Ludwig, Pfohl, Takos. Nays—.None. Petition of Dubuque Golf & Country Club requesting permis• sion to display fireworks on July 4th, 1964, presented and read. Councilman Kean moved that the Petition be referred to the Mayor, Manager and Fire Chief. Seconded by Councilman Takos. Carried by the following vote: Yeas—Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. Petition of County -City Authority requesting that the City and Coun- ty appropriate and transfer to the Authority the sum of $12,500 each or a total of $25,000, for operating expense, also that for the approach• ing fiscal year the budgeted amount will be increased so as to provide the Authority with a source of funds in the coming year and years, presented and read. Council. man Ludwig moved that approval in the amount of $12,500 be granted with the stipulation that an equal amount be given by the County. Seconded by Councilman Takos. Carried by the following vote: Yeas—Mayor Horgan, Council. men Kean, Ludwig, Pfohl, Takos. Nays—None. Petition of Dubuque Community School District requesting permis. sion to use arterial pieces during the course of five home football games during the 1964 season, pre- sented and read. Councilman Kean moved that the petition be referred to the City Manager. Seconded by Councilman Takos. Carried by the following vote: Yeas—Mayor Horgan, Council. men Kean, Ludwig, Pfohl, Takos. Nays—None. Petition of Smitty's Excavating Service requesting p. rmission to excavate between 1st and 2nd be- tween Main & Locust streets for sewer and water connections, pre- sented and read. Councilman Takos moved that the petition be grant. ed. Seconded by Councilman Lud- wig. Carried by the following vote: Yeas—Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays --None. Petition of Midwest Developers Inc., requesting rezoning of Lot 1 of 2 of NW'/4 of NEI/4 Sec. 28, TwP 89, N. R. 2E. presently zoned as single family residence district classification, on the east side of John F. Kennedy Road, to Light Industrial classification, presented and read. Mayor Horgan moved that the petition be referred to the Planning & Zoning Commis- sion. Seconded by Councilman 110111. Carried by the following vote: Yea'—Mayor Horgan, Council - "len Kean, Ludwig, Pfohl, Takos. Nays—None. Petition of Westchester Inc. re- questing permission to construct an 8,, sanitary sewer from the Cat. fish Trunk line sewer to Westches- ter Inc. and located on Key Way Drive, presented and read. Mayor Special Session, June 22, 1984 223 Horgan moved that the petition be granted and referred for proper a proceedings. Seconded by Council p man Takos. Carried by the follow- n ing vote: a Yeas—Mayor Horgan, Council- t men Kean, Ludwig, Pfohl, Takos. t Nays—None. I. Petition of Clara K. & Willard c H. Farr requesting the Council to 1 consider maintaining the area on the north side of Highway X20 at Dodge and Lombard next to their residence, presented and read. Councilman Takos moved that the request be referred to the City Manager. Seconded by Councilman Ludwig. Carried by the following vote: Yeas—Mayor Horgan, Council men Kean, Ludwig, Pfohl, Takos. Nays—None. Petition of Mrs. Robert Hutchin- son requesting a refund of $2.00 as the result of a duplicate pur- chase of dog license, presented and read. Councilman Takos moved that the refund be granted and the Auditor instructed to issue proper warrant. Pfohl. Carried byb Coun- cilman vote- Yeas—Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. Petition of Emily Ione Scholtes requesting a refund of $100. on the unexpired portion of Class B beer license No. 8, as she has discontinued business on June 8, 1964. Mayor Horgan moved that the refund be granted and the Auditor instructed to issue proper warrant. Seconded by Councilman Ludwig. Carried by the following vote: Yeas—Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. Petition of Leonard H. Crane requesting a refund of $125. on the unexpired portion of Liquor Li- cense No. C-2078, as he has dis- continued sale of liquor on March 31, 1964, presented and read. Mayor Horgan moved that the re- fund be granted and the Auditor instructed to issue proper warrant. Seconded by Councilman Ludwig. Carried by the following vote: Yeas—Mayor Horgan, Council- men Kean, Ludwig, Pfolil, Takos. Nays—None. Petition of Fred Taft requesting refund of $100. on the unexpired ortion of Class "B" beer permit 18, as he has discontinued busi- es, on June 22, 1964, presented nd read. Mayor Horgan moved hat the refund be granted and he Auditor instructed to issue roper warrant. Seconded by Coun- ilmen Ludwig. Carried by the fol - owing vote: Yeas—Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. RESOLUTION NO. 141.64 WHEREAS, City Council of Citv of Dubuque, Iowa, has heretofore passed, adopted and approved Res- olution No. 114-64, authorizing con- veyance to Dubuque Packing Com- pany of Lot 1 of Block 8, River Front Subdivision No. 3 in the City of Dubuque, Iowa, and other property, subject to reservations and exceptions; and WHEREAS, it appears that said Lot 1 of Block 8 was subdivided in accordance with Plat dated De- cember 5, 1963, prepared by Cullen- Schiltz & Associates, wherein said Lot 1 of Block 8 was subdivided into Lot 1 of Lot 1 of Block 8 and into Lot 2 of Lot 1 of Block 8; and WHEREAS, it appears that Reso- lution No. 114-64 should be amend- ed and corrected as to the real property described therein from Lot 1 of Block 8, River Front Subdivision No. 3 in the City of Dubuque, Iowa, to Lot 1 of Lot 1 of Block 8, River Front Subdivision No. 3 in the City of Dubuque, Iowa. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF CITY OF DUBUQUE, IOWA: Section 1. That the Mayor and City Clerk here hereby authorized and directed to execute the Quit Claim Deed for and on behalf of the City of Dubuque, Iowa, cover- ing Lot 1 of Lot 1 of Block 8, River Front Subdivision No. 3 in the City of Dubuque, Iowa, together with other real estate as described in said Resolution and subject to the same exceptions and reserva- tions as contained in said Resolu- tion, and that said corrected Deed be deliver,dotodD Dubuque to Packing of Company P City Of Dubuque of conveyance by •224 Special Session, .June 22, 1964 — WHEREAS there has been filed with the City Clerk a plat in which Lot 2 of Lot I of Lot 2 of Lot 1 of Lot. 1 of I.ot 1 of I.ot 1 of Lot 1 of Willy Place, Lot 1 of Lot 2 of Lot 2 of Lot 2 of Lot 1 of Lot 1 of Lot I of Lot 2 of Mineral Lot 351, Lot 2 of Lot 2 of Lot 2 of Lot 2 of Lot 2 of Lot 1 of Lot 1 of Lot 1 of I.ot 2 of Mineral Lot 351, all in the City of Dubuque, Iowa is platted as Block 8, Sunrise Heights and, WHEREAS said plat has been examined by the City Planning and Zoning Commission and has its approval endorsed thereon; 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 T H E CITY OF DUBUQUE, IOWA: Section 1. That the above de. scribed plat be and the same is hereby approved and the Mayor and Clerk be and they are hereby authorized and directed to endorse the approval of the City upon said plat. Passed, adopted and approved this 22nd day of June A.D., 1964. Robert J. Horgan Mayor Richard Ludwig Peter J. Takos Eldon A. Pfohl James J. Kean Councilmen Attest: Leo F. Frommelt City Clerk Councilman Kean in o v e d the adoption of the resolution. Second- ed by Councilman Ludwig. Carried by the following vote: Yeas = Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. May 28. 1964 To the Honorable Mayor and City Council Gentlemen: The Dubuque Planning and Zon- ing Commission met on May 26, 1964 and approved the final Plat of Lots 1-9 Inc. Blk 1, Lots 1-8 Inc. Blk. 2, Lots 1.7 que Packing Company to City of Dubuque, Iowa, the following de- scribed property: Lot 1 of Block R. River Front Subdivision No. 3 in the City of Dubuque, Iowa, sub- ject to reservations and exceptions. Section 2. That Resolution No. 114-64 as herein amended with re- spects to corrective description of real estate be and the same in all o t h e r respects be adopted, ap- proved and confirmed as though fully set out herein. Passed, adopted and approved this 22nd day of June, A.D., 1964. Robert J. Horgan Mayor Richard Ludwig Peter J. Takos Eldon A. Pfohl James J. Kean Councilmen Attest: Leo F. Frommelt City Clerk Mayor Horgan moved the adop- tion of the resolution. Seconded by Councilman Takos. Carried by the following vote: Yeas — Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. March 9, 1964 Honorable Mayor and City Council Gentlemen: At a regular meeting of the Dubuque Planning Planning and Zoning Commission held on March 5, 1964 the following action was taken: Motion by Glab, supported by Deininger, that the final plat of Block 8 of Sunrise Heights be approved and the secretary be authorized and directed to sign same and forward to the City Council. Motion carried. Respectfully submitted, Frank J. Glab, Secretary Planning and Zoning Commission Mayor Horgan moved that the recommendation of the Crsmmis- sion be approved. Seconded by Councilman Pfohl. Carried by the following vote: Yeas — Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. RESOLUTION NO. 142-64 RESOLUTION Approving Plat of Block 8, Sunrise Heights Spc-cial Session, june 22, 1964 225 & 11.17 Inc. Block 3, & Lots Is 1-7 Inc. Blk. 4 in West Side t Manor Subdivision in the City of Dubuque, Iowa Approval of the above described plat by the City Council is hereby 1 recommended. Respectfully submitted, i Frank J. Glab, Secretary Mayor Horgan moved that the recoenCommis- sion be approved. Seconded by Councilman Takos. Carried by the following vote: Yeas — Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. RESOLUTION NO. 143.64 RESOLUTION APPROVING THE PLAT OF LOTS 1 THROUGH 9 BLOCK 1, LOTS 1 THROUGH 8 BLOCK 2, LOTS 1 THROUGH 7 AND LOTS 11 THROUGH 17 BLOCK 3, AND LOTS 1 THROUGH 7 BLOCK 4 IN WEST SIDE MANOR SUBDIVI- SION W THE CITY OF DUBU- QUE, IOWA. Whereas, there has been filed with the City Clerk a plat in which; Lot 1 of the North East One Quarter (1/4) of the North East One Quarter (3/4) of Section 28, Township 89 North, Range 2 East of the 5th Principal Me- ridian is platted as Lots 1 through 9 Block 1, Lots 1 through 8 Block 2, Lots 1 through 7 and Lots 11 through 17 Block 3, Lots 1 through 7 Block 4 in West Side Manor Subdivision in the City of Du- buque, Iowa. by Midwest Developers, Inc., as Owners thereof, and Whereas said plat has been ex- amined by the City Planning and Zoning Commission and approved by said body, and Whereas upon said plat appears streets known as Westridge Drive, Crestwood Drive a n d Glencove Lane and also easements for pub lie utilities which the Owners upor said plat have dedicated to th( Public forever, and Whereas, said plat has b e e i found by the City Council to con form to the Statutes and Ordi nances relating thereto except tha the streets have not been reduce to grade or paving, sewer or wate �rvices or sidewalks installed ;erein NOW THEREFORE, BE IT RE- OLVED BY THE CITY COUNCIL OF T H E CITY OF DUBUQUE, OWA: Section 1. That the dedication ,f Westridge D r i v e, Crestwood )rive and Glencove Lane, together vith easements for public utilities, ►11 the same as appears upon said Slat, be and the same are hereby accepted and that said streets are hereby established as public streets in the City of Dubuque; Section 2. That the plat of the Subdivision of Lot I of the North East One Quarter (Y4) of the North East One Quarter (1/4) of Section 28, Township 89 North, Range 2 East of the 5th Principal Meridian which will hereafter be known as Lots 1 through 9 Block 1, Lola 1 through 8 Block 2, Lots 1 through 7 and Lots 11 through 17 Block 3, and Lots 1 through 7 Block 4, West Side Manor Subdivision in the City of Dubuque, Iowa, is here- by approved and the Mayor and Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque upon said plat, providing the Owners of said property hereinbefore named, ex- ecutes written acceptance hereto attached, agreeing: a. To reduce Westridge Drive, Crestwood Drive and Glencove Lane to grade as shown on the profiles submitted with this plat; b. To surface Westridge Drive, Crestwood Drive and Glencove Lane for a width of 31 feet with Portland Cement Con. crete Pavement with intregal curb. All of the foregoing shall be constructed according to the latest City of Dubuque specif ications. c. To install sidewalks on both sides of Westridge Drive, Crestwood Drive and Glencove Lane in accordance with the City of Dubuque Standard Specifications for Permanent Sidewalks. i d. To install water mains in accordance with plans sub- mitted with the plat. t e. To install storm and sanitary 1 sewers in accordance with r plans submitted with this Plat. 226 Spacial Session, June 22, 1964 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 Engineer. 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 improve- ments except sidewalks prior to November 30, 1965. k. To construct sidewalks prior to November 30, 1966. and further provided that Midwest Developers, Inc., as Owners thereof of said subdivision secure the per- formance of the foregoing con- ditions 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 Midwest Developers, Inc., shall fail to execute the acceptance and provide security provided in Section 2 hereof within forty-five (45) days from the date of this Resolution 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 22nd day of June, A.D., 1964. Robert J. Horgan Mayor Richard Ludwig Peter J. Takos Eldon A. Pfohl James J. Kean Attest: Councilmen Leo F. Frommelt City Clerk To Leo F. Frommelt, City Clerk, This is to certify that the security required by the foregoing Resolution 143-64 has been pro. vided by the Owners. Dubuque, Iowa June 25, 1964. Gilbert D. Chavenelle City Manager ACCEPTANCE OF RESOLUTION NO. 14364 Midwest Developers, Inc., having read the terms and conditions of the foregoing Resolution 143.64 and being familiar with the contents thereof hereby accept the same and agree to perform the con. ditions therein required. /s/ Lyle F. Kopp President Thomas M. Flynn Dated: Secretary June 26, 1964. Councilman Takos moved the adoption of the resolution. Second. ed by Councilman Kean. Carried by the following vote: Yeas — Mayor Horgan, Council. men Kean, Ludwig, Pfohl, Takos. Nays—None. June 22, 1964 To the Honorable Mayor and City Council Gentlemen: Scaled bids were received on March 16, 1964 for the Catfish Creek Sanitary Sewer Extension. The lowest bid submitted was entered by Smitty's Excavating Service of Dubuque, Iowa; and at that time a recommendation was submitted to your body to tem- porarily defer the awarding of the contract. The complications that delayed the awarding of the contract on March 16, 1964 have been clari- fied. I, therefore, recommend that the contract for the improvement be awarded to Smitty's Excava- ting Service. Respectfully submitted, Gilbert D. Chavenelle, City Manager Councilman Takos moved that the recommendation of the City Manager be approved. Seconded by Councilman Pfohl. Carried by the following vote: Yeas — Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. (Ordering Construction) RESOLUTION NO. 14444 Be It Resolved By The City Council of the City of Dubuque that pursuant to a Resolution of Necessity No. 21-64 which was duly passed by this Council for the extension of the twelve Inch Cat- fish Creek Sanitary Sewer from the existing sanitary sewer in Special Session, June 2.2, 1%, 4 _ 227 Pennsylvania Avenue northwester- ly through the E 300' - W 430' of Lot 2 of Lot 2 of the SE 1/4 - SE 1/4: E 80, . W 130' W 430' of Lot 2 of Lot 2 - SE Y4 SE 1/4: W 751.5' Lot 1 of Lot 1 of Lot 1 of the SE 1/4 . SE 1/4: and Lot 1 of Lot 1 and Lot 2 of Lot 1 of the NE 1/4 - NE 1/4 to Station 22 -;- 57.79, thence westerly through Lot 1 of Lot 1 o; the NW 1/4 - SE 1/4 to the westerly property line of said lot: all of the above described property is located in Section 21 T 89N, R 2E, 5th P.M. Be and the same are hereby ordered and constructed by this Council upon its own motion and with or without the petition of the property owners. All the work shall be constructed in accordance with the plans and specifications heretofore adopted and now on file in the office of the City Clerk. Be It Further Resolved that the cost and expense of the said im- provement be paid from the Sani- tation Fund. Be It Further Resolved that this resolution being deemed urgent and of immediate necessity shall be in force and effect from and after its passage and adoption by the City Council: Passed, adopted, and approved this 22nd day of June, 1964. Robert J. Horgan Mayor Richard Ludwig Peter J. Takos Eldon A. Pfohl James J. Kean Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pfohl moved the adoption of the resolution. Second- ed by Councilman Takos. Carried by the following vole: Yeas — Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos, Nays—None. 1y -SE N: E80'- W 130'-W 430' of I.ot 2 of Lot 2 - SE 1/4 SE '/4: W 751.5' of Lot 1 of Lot 1 of Lot 1 of the SEY4-SE'/4: and Lot 1 of Lot 1 and Lot 2 of Lot 1 of the NE 1/4 - NE N to Station 22 57.79 thence westerly through Lot 1 of Lot 1 of the NW 1/4 - SE la to the westerly property line of said lot: all of the above described property is located in Section 21 T 89N, R 2E, 5th P.M. pursuant to Resolution No. 21.64 and notice to bidders published in a newspaper published in said City on February 14, 1964 and February 21, 1964; and WHEREAS, said sealed pro- posals were opened and read on March 16, 1964, and it has been determined that the bid of Smitty's Excavating Service of Dubuque, Iowa in the amount of $22,651.00 was the lowest bid for the furnish. ing of all labor and materials and performing the work as provided for in the plans and specifications; now therefore, BE IT RESOLVED by the City Council of the City of Dubuque that the contract for the above mentioned improvement be award. ed to Smitty's Excavating Service of Dubuque, Iowa and the Manager be and he is hereby directed to execute a contract on behalf of the City of Dubuque for the complete performance of said work. BE IT FURTHER RESOLVED, that upon the signing of said con- tract and the approval of the con. tractors bond the City Treasurer is authorized and instructed to return the bid deposits of the un- successful bidders. Passed and adopted this 22nd day of June, 1964. Robert J. Horgan Mayor Richard Ludwig Peter J. Takos Eldon A. Pfohl James J. Kean Councilmen (Awarding Contract) RESOLUTION NO. 14564 WHEREAS, sealed proposals have been submitted by contractors for the extension of the twelve inch Catfish Creek Sanitary Sewer from the existing sanitary sewer in Pennsylvania Avenue north- westerly through the E 300' - W 430' of Lot 2 of Lot 2 of the SE Attest: Leo F. Frommelt City Clerk Councilman Pfohl moved the adoption of the. resolution. Second- ed by Councilman Ludwig. Carried by the following vote: Yeas -- Mayor Horgan, Council- men Kean, Ludwig. Pfohl, Takos Nays—None. 228 Special Session, June 22, 1984 RESOLUTION NO. 14664 Resolution Amending Resolution No. 129.64, A Resolution Annex- ing Certain Therein Described Territory To The City of Du- buque. Whereas, on June 1. 1964, the City Council of the City of Dubu- que adopted Resolution No. 129.64, annexing certain therein described territory to the City of Dubuque; and, Whereas, through typographical error, a portion of the description of the annexed area was omitted, and one of the calls was erroneous; and, Whereas, the description of the annexed area attached to the Plat submitted with the request for annexation contained the correct and proper description of the area to be annexed; and, Whereas, the City Council, deems it to be in the best interest of the City of Dubuque to amend said Resolution No. 129.64 to correct the description of the area thereby annexed; Now Therefore, Be It Resolved By The City Council Of The City Of Dubuque, Iowa, That Resolu- tion No. 129-64 Of The City Council Of The City Of Dubuque Be Amended To Read As Follows: "RESOLUTION NO. 129-64 Whereas, all of the owners of an area approximately 69.5 acres in size, hereinafter described, whose South boundary adjoins the city limits of the City of Dubuque along the North line of the pro- perty known as Key Knolls Sub- division, having made application, in writing, to the City Council of the City of Dubuque, attaching thereto a Plat of the hereinafter described territory and requesting the annexation thareof to the City of Dubuque; and Whereas, the said territory is being substantially built-up; and, Whereas, the inhabitants of said Territory will be enabled to secure the benefits of city government i said territory is incorporated with- in the city limits of the City o Dubuque, Iowa; and, Whereas, the inhabitants of said territory will be enabled to secure water, sewer, and other municipa services if said territory is incor porated within the city limits of the City of Dubuque, Iowa; and. Whereas, Section 362.30, Code of Iowa, 1962, authorizes the annexation of such territory under such conditions, by resolution of the city council; and. Whereas, the future growth, development, and preservation of the public health of the City of Dubuque, Iowa, makes it impera- tive that said territory be made a part of the City of Dubuque, Iowa; and, Whereas, it is necessary to pro- vide for the orderly and systematic growth and development of the territory adjoining the City of Dubuque, Iowa, and the City Council has determined that it is in the best interests of the City of Dubuque that it assent to the annexation of the hereinafter de. scribed territory to the City of Dubuque; Now Therefore, Be It Resolved by the Council of the City of Du- buque, Iowa, that the territorial limits of the City of Dubuque. Iowa, be and they are hereby extended to include the territory embraced within the following described boundary: "Commencing at the South West corner of the North East One Quarter of Section 21, Township 89 North, Range 2 East of the 5th Principal Meridian, thence South 01' 03' East 208.85 feet to the point of beginning; thence North 01' 03' West 208.85 feet, thence North 00`26' West 2408.34 feet, thence South 83'07' East 660.88 feet, thence North 6053' East 175.35 feet, thence South 83009' East 294.95 feet, thence East 284.18 feet along a 649.01 foot radius curve concave South. erly, thence South 00`45' East 2397.0'2 feet, thence north 89°03' West 1041.88 feet, thence South O1" East 208.78 feet, thence North 89°19' West 208.5 feet to the point of beginning and con. f t a i n i n g approximately 69.5 acres." f That the City Clerk be and he is hereby authorized and directed to make and certify a transcript of this resolution and file the same 1 for record in the office of the Recorder of Dubuque County, Iowa. Special Session, june 22, M4 _ 224 Passed, Adopted and Approved this 22nd day of June, 1964. Robert J. Horgan Mayor Richard Ludwig Peter J. Takos Eldon A. Pfohl James J. Kean Councilmen Attest: Leo F. Frommelt City Clerk Mayor Horgan moved the adop- tion of the resolution. Seconded by Councilman Pfohl. Carried by the following vote: Yeas — Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. RESOLUTION NO. 147.64 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. Nome Address Herbert E. Althaus, 1575 Central Avenue Robert L. Becker, 2418 Central Avenue Louis Terry Bournias, Plaza 20- 2600 Dodge Street John, Richard, Robert Beecher, 2300 White Street John Beecher, 1691 Asbury Street William Brown, 2417 Rhomberg Avenue Harold A. Cosley, 1121 University Avenue Eagle Food Centers, Inc (#130), 1800 Elm Street Eagle Food Centers, Inc. (#144). 3033 Asbury Street Eagle Food Centers, Inc. (8109). 200 South Locust Street Frank & Don's Sinclair Service 665 Dodge Street A. L. Fecker, 2119 Rhombert Avenue LaVerne Felderman, 1889 Jacksot Street Great Atlantic & Pacific Tea Co. 2685 Dodge Street Great Atlantic & Pacific Tea Co, 1101 Central Avenue Carl M. Herberger, 2987 Jacksoi Street Clarence J. Hagge, Jr., 1415 Rhorr berg Avenue John J. Heiderscheit, 1278 Central Avenue George R. Hunt, 229 West 8th Street Walter W. Knoll, 205 Kaufmann Avenue Guy Kenniker, 119 West 6th Street Knights of Columbus, 781 Locust Street Hubert Kress, 532 East 22nd Street Ernest Latham, 1205 Cleveland Avenue Thomas Lilly, 555 Main Street Donald M. Love, 250 West 6th Street John J. Ludescher, 1897 Clarke Drive Vernon Meyer, 530 East 22nd Street Carl E. Miller, 1096 Central Avenue National Food Store, 2013 Central Avenue National Food Store, 1313 Dodge Street Karl H. Oleson, 2071 Asbury Street Thomas Oeschger, 815 West 5th Street William H. Olson, 1097 Jackson Street Mrs. Denise O'Neill, 55 Locust Street Louis A. Ring, 155 West 11th Street Richard G. Rink, 1260 Washington Street Riverside Bowl Club, 1860 Haw- thorne Street Otto & Minnie Radloff, 1395 Brown Avenue Roshek Brothers Company, 700400 Locust Street Harold A. Specht, 3003 Asbury Street Sunshine Circle—Finley Hospital, 1480 Allison Place Jerome C. Steffen, 951 Main Street Mark R. Smith, 400 Central Avenue Fay S. Shaffer, 1080 University Avenue Robert E. Sullivan, 620 South Grandview Avenue Norbert G. Tigges, 2776 Jackson Street Mrs. A. J. Trapp, 1266 Central Avenue Gregor J. Vorwald, 103 Fast 22nd Street Beatrice C. Winkler, 1400 Central Avenue James M. Ward, 2284 University Avenue Merlyn L. Weber, 1904 Central Avenue Eileen M. Wunder, 1006 Central Avenue Special Session, .dune 2.2, 196423 Harriet Bush, 700 East 16th Street O Creslanes Bowling, Inc., 255 South Raymond McLaughlin, 2222 Central Kenneth Waul, 2850 Burlington Otto J. Dunbar, 2401 Jackson Patricia Street Clarence P. Welu, 20th & Jackson Street R Strona M. Pettgathcr, 1103 Iowa Michel F. Pusateri, 1292 Main Street Wright, 2600 Jackson Street eet William G. Fenelon, 2528 Central Theodore J. Ferring, 385 East 13th Eunice Wareco System of Iowa, 708 Rhom- Avenue Beverly Glynn, 655 Central Avenue D Hames. 1828 Central Lorraine Gordon, 2327 Central berg Avenue Zillig, 127 West 6th Street Avenue Street Jenny Sarris, 720 Main Street George I wa Street Kenneth J. Love, 802 Iowa Street Melvin C. Lynn, 424 West Locust Arthur Apel, 1176 0 Merlin Apel, 1195 Dodge Street Noah Mc\amer, 216 West 1st Harriet Bush, 700 East 16th Street Street Creslanes Bowling, Inc., 255 South Raymond McLaughlin, 2222 Central Main Street Ann Donath, 400 Iowa n Mercy t Shop, James Patricia rPeabodtalStGif Street Dubuque Boat Club, 2656 Lincoln Michel F. Pusateri, 1292 Main Avenue Ken Fenelon, 3166 Jackson Street Mrs. Cloetta L. Rieke, 55 East 7th Theodore J. Ferring, 385 East 13th 1\IStre�oris Riekena. 301 Main Street Beverly Glynn, 655 Central Avenue Street Lorraine Gordon, 2327 Central Paul W. Schollmeyer, 176 Locust Avenue Raphael W. Grant, 3050 Asbury Street Jenny Sarris, 720 Main Street Street James J. Scherr, 1198 White Street Melvin C. Lynn, 424 West Locust Lincoln G. Schaffert, 1900 Wash - Street ington Street Vincent W. Mescher and John F. Mrs. Patricia Sarris, 760 East 16th Tench, 1233 Rhomberg Avenue Street Martin Oil Company, 280 Locust Thompson Food Market, 250 West Street 1st Street Russell E. Myers, 1618 Central Thompson Food Market. 3200 Avenue John E. Noel, 2400 Central Avenue .Jackson Street Veterans of Foreign NVars—Gerald Cletus N. Pauly, 1200 Iowa Street F. Winters. Post #9663, 115 East Joseph Polfer, 2612 Dodge Street 22nd Street Randall's Inc., 2600 Plaza 20 Fred Weiner, 1101 White Street Melvin A. Spiegelhalter, 10291/2 George Weis, 400 East 22nd Street Main Street ,Tames F. Arthofer, 897 Central ,1. F. Stampfer Company, B00 Main Avenue Street Cruso A. Alba, 2601 Jackson Street Donald Sand, 2364 Washington Dean Biederman, 90 South Locust Street Street Donald W. Schuster, 2404 Central Mary Bahl, 253 Main Street Avenue .Joseph Bell, 263 Main Street Richard N. Stecklein, 450 West William Bublitz, 1543 Central Locust Street Avenue .John L. & Viola M. Savary, 827 Mrs. Josephine Burke, 531 Main Dodge Street Street James L. Tapp, 600 Central Avenue John B. Burgmaier, 2401 Windsor Elmer L. Trewieler, 2103 Jackson Avenue Street Brammer's, Inc.. 1306 Dehli George K. Arvanitis, 1958 Central Robert Bowen, 5 8th Avenue Avenue Carl N. Brant, 2600 Central Avenue Mike Clemens, Bluff & Dodge Ralph J. Cremer, 731 Rhomberg Streets Joseph Costa, 1091 Main Street Avenue Charles W. Callahan, 2635 Univer- Canfield Hotel, Inc.. 36 West 4th sity Avenue Street Robert E. Cahill, 402 Locust Street Harold A. Casey, 655 Clarke Drive Dubuque Golf and Country Club, Earl H. Corbett, 908 Rhomber� 260 Randall Place Avenue Dubuque Packing Co. (RetailDubuque Metal Trades Council Store), 16th & Sycamore I Club, 111 West 6th Street Special Session, June 2l, 1964 1231 Willard J. Driscoll, 509 Eighth Avenue Unnie Dunbar, 504 Central Avenue Gene Evarts, 2678 Central Avenue J. Russell Evans, 29 West 8th Avenue Mrs. Alice Erschen, 2620 Univer- sity Avenue Robert J. Friedman, 620 East 16th Street Ray Fleckenstein, 3275 Central Avenue Alford F. Finch, 1347 Central Avenue Clarence P. Falkenhainer, 1097 University Avenue Marco Giunta, 2022 Central Avenue Donald R. Goetz, 790 Main Street Harry Gantert, 1301 Rhomberg Avenue Hartig Drug Company, 730 Main Street Hartig Drug Company, 2205 Central Avenue Hartig Drug Company, 95 Locust Street Floyd Kurtz, 2319 Prince Street Raymond A. Kratz, 1501 Rhomberg Avenue James Kachevas, 493 Main Street William Kunz, 129 Main Street Theodore G. Kanavas, 1689 Elm Street Elizabeth Krajnovich, 239 West 6th Street K -Mart, 2600 Dodge Street Plaza 20 Frank Karigan, 2199 University Avenue Ray and Angeline Luchsinger, 2372 Central Avenue Howard McCauley. 20th & Central Avenue Jay Miller, 1298 Main Street Richard Manternach, 380 East 20th Street Joseph R. McGeough, 1st and Main Street Mrs. Marcella McCarty, 2093 Wash- ington Street Earl J. McNamara, 1046 University Avenue Maurice H. Mellon, 1027 Rhomberg Avenue Cy Meitl, 1555 Central Avenue Albert J. Ney, 1842 Central Avenue Richard O'Hara, 70 South Locust Street Mrs, Helen O'Mara, 1397 Washing. ton Street Page Hotel Company, 75 East 4th Street Celeste Rawson, 342 Main Street Roger Rommel, 1005 Rockdale Elmer Roby, 1481 Dodge Street i Roger Rommel, 693 Dodge Street Joseph E. Reisdorf, 601 Rhomber, Avenue Mrs. Emma Scherer, 1187 Iowa Street John Steffens, 690 West LocuFt Street Leo Sun, 206 West 3rd Street Ethel Schwartz, 500 Rhomberg Avenue Sylvester A. Weiner, 201 East 22nd Street Mrs. Helen Weiner, 709 University Avenue Xavier Hospital Gift Shop, Davis and Windsor Avenue American Legion Post No. 6, 4th and Locust Street Clyde L. Bradley, 3198 Central Avenue Leonard H. Crane, 720 Iowa Street Milton E. Chapman, 1399 Jackson Street Florence Deutsch, 45 West 13th Street Delbert Daughtery, 238 West 6th Street Eagles Club, 6th & Locust Street Robert A. Freund, 805 West 5th Street Milton F. Fink, 3165 Central Avenue Fischer Bowling Lanes, 880 Locust Street Navy Club, 469 Main Street John F. Glynn, 336 Main Street Helen M. Hafeman, 785 Groveland Clifford Healey, 1105 Loras Richard Hough, 1487 Central Avenue Julien Motor Inn, 200 Main Street Harry Kopple, 1098 University Avenue Phillip T. Langas, 701 Central Avenue Cy Lampe, 200 Fischer Building lone Miller, 1322 Central Avenue John Neumeister, 729 Lincoln Avenue Raymond Ney, 2186 Central Avenue Carl Nagelmaker, 3203 Jackson Street Sally Pfab, 1048 Main Street Marcella Roeder, 678 Central Avenue Thomas Relsdorf, 421 East 22nd Street Mathias A. Schneller, 132 Eighth Avenue Sears Roebuck Company. Locust and Railroad Avenue Marionette Tindell, 543 West 8th Street 232 Spccia) Session, June 22, 1964 Raymond L. Tschiggfrie, 1190 Dodge Street William Tindell, 1105 University Avenue Carl Van Duelman, 590 Clarke Prive Mrs. Elsie Vrotsos, 1255 Washing- ton Street George Vrotsos, 605 Main Street Donald E. Wertz, 1545 South Grandview Ming Wong, 280 Main Street Clem Wagner, Loras & Central Avenue Victorina Ellis, 120 West 4th Street Archie G. Kissell, 611 University Avenue '.Marian J. Bridge, 2038 Central Avenue Elks Club, 701 Locust Street Anthony Helling, Jr., 701 Dodge Street Holiday Inn Motel, 1111 Dodge Street Caradco, Inc., 10th and Jackson Street Joseph P. & Bernice M. Hillard, 431 Rhomberg Avenue Clarence Ney, 1703 Maple Street Louis J. Winkler, 625 Central Avenue John F. Ball, 2616 Windsor Avenue Iowa Commission for the Blind, Post Office Building Dorothy M. Jewell, 574 East 16th Street BE IT FURTHER RESOLVED that the bonds filed with the appli- cation be approved. Passed, adopted and approved this 22nd day of June, 1964. Robert J. Horgan Mayor Richard Ludwig Peter J. Takos Eldon A. Pfohl James J. Kean Councilmen Attest: Leo F. Frommelt City Clerk Mayor Horgan moved the adop- tion of the resolution. Seconded by Councilman Pfohl. Carried by the following vote: Yeas -- Mayor Iiorgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. RESOLUTION NO. 148.64 WHEREAS, applications for Beer Permits have been submitted to this Council fur 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 issued upon the compliance with the terms of the ordinances of the City. Name Address CLASS "B" BEER PERMIT Harold A. Cosley, 1121 University Avenue Donald Sand, 2364 Washington Street Eileen M. Wunder, 1006 Central Avenue Melvin A. Spiegelhalter, 10291� Main Street James L. Tapp, 600 Central Avenue Celeste A. Rawson, 342 Main Street Patricia Ann Donath, 400 Iowa Street Cletus N. Pauly, 1200 Iowa Street Elizabeth Krajnovich, 239 West 6th Street Theodore G. Kanavas, 1689 Elm Street Willard J. Driscoll, 509 West 8th Street Canfield Hotel, Inc., 36 West 4th Street Mrs. Helen Weiner, 709 University Avenue Leonard H. Crane, 720 Iowa Street Richard R. Hough, 1487 Central Avenue CLASS "B" BC–'k PERMIT PRIVATE CLUB American Legion Dubuque Post No. 6, 290 West 4th Street Fraternal Order of Eagles Aerie No. 568, 6th & Locust Street 'cavy Club of Dubuque, Ship No. 67. 469 Main Street CLASS "C" BEER PERMIT Robert L. Becker, 2418 Central Avenue Otto J. Dunbar, 2401 Jackson Street Harold A. Casey, 655 Clarke Drive Thompson Food Market, 250 West 1st Street John M. Ward, 2284 University Avenue Gene Evarts, 2678 Central Avenue Passed, adopted and approved this 22nd day of June 1964. Robert J. Horgan Mayor Richard Ludwig Peter J. Takos Eldon A. Pfohl .James J. Kean Attest: Councilmen Leo F. Frommelt City Clerk Six-c:ial Session, June 22, 1964 Z13 Mayor Horgan moved the adop- tion of the resolution. Seconded by Councilman Takos. Carried by the following vote: Yeas — Mayor Horgan, Council- men Kean, Ludwig. Pfohl, Takos. Nays—None. RESOLUTION NO. 14964 WHEREAS, applications for Beer Permits were filed by the within named applicants and they have received the approval of this Council; AND WHEREAS, the premises to be occupied by such applicants were inspected and found to comply with the ordinances of this City and they have filed proper bonds: NOW THEREFORE BE IT RE. SOLVED by the City Council of the City of Dubuque, Iowa, that the Manager be and he is hereby directed to issue to the following named applicants a Beer Permit. Name Address CLASS "e" BEER PERMIT Harold A. Cosley, 1121 University Avenue Donald Sand, 2364 Washington Street EIleen M. Wunder. 1006 Central Avenue Melvin A. Spiegelhalter, 1029% Main Street James L. Tapp, 600 Central Avenue Celeste A. Rawson, 342 Main Street Patricia Ann Donath. 400 Iowa Street Cletus N. Pauly, 1200 Iowa Street Elizabeth Krajnovich, 239 West 8th Street Theodore G. Kanavas, 1689 Elm Street Willard J. Driscoll, 509 West 8th Street Canfield Hotel, Inc., 36 West 4th Street Mrs. Helen Weiner, 709 University Avenue Leonard H. Crane, 720 Iowa Street Richard R. Hough, 1487 Central Avenue CLASS "B" BEER PERMIT American Legion Post No. 6, 290 West 4th Street Fraternal Order of Eagles Aerie No. 568, 6th do Locust Street Navy Club of Dubuque, Ship No. 67, 469 Main Street CLASS "C" BESR PERMIT Robert L. Becker, 2418 Central J Avenue S OttotrJ. Dunbar, 2401 Jackson Elaroleet d A. Casey, 65,5 Clarke Drive Thompson Food Market, 250 West 1st Street John M. Ward, 2284 University Avenue Gene Evarts, 2678 Central 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 22nd day of June, 1964, Robert .1. Horgan Mayor Richard Ludwig Peter J. Takos Eldon A. Pfohl James J. Kean Attest: Councilmen Leo F. Frommelt City Clerk Councilman Kean moved the adoption of the resolution. Second. ed by Councilman Takos. Carried by the following vote: Yeas — Mayor Horgan, Council. men Kean, Ludwig, Pfohl, Takos. Nays—None. RESOLUTION NO. 150.64 WHEREAS, applications for Liquor Permits have been sub. mitted to this Council for approval and the same have been examined, NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque. Iowa, that the following applications be granted and licenses issued upon the compliance with the terms of the IOWA LIQUOR CONTROL ACT —CHAPTER 123—as amended by83 the 60th General Assembly, 19. Name Address CLASS "C" COMMERCIAL ESTABLISHMENT Eileen M. Wunder, 1006 Central Avenue Roberti. Bowen, 8th & Central Corner Carl N. Brant, 2600 Central Avenue Harriett Bush, 700 East 16th Street Russell Evans, 29 West 8th Street Ramona M. Fettgather, 1103 Iowa Street Beverly Glynn, 655 Central Avenue Donald M. Love, 250 West 8th Street une M. Noel, 2400 Central Avenue Mrs. Denise O'Neill, 55 Locust Street 234 Special Session, June 2.2, 1964 Cletus N. Pauly, 1200 Iowa Street ,Joseph E. Reisdorf, 601 Rhomberg Avenue Donald T. Sand, 2364 Washington Street Patricia Sarris, 760 East 16th Street .John L. Savary and Viola M. Savary, 827 Dodge Street Paul Schollmeyer, 176 Locust Street Mark R. Smith, 400 Central Avenue Southern Lounge, Inc., 1111 Dodge Street Jiichard N. Stecklein, 450 West Locust Street Norbert G. Tigges, 2776 Jackson Street Merlyn L. Weber, 1904 Central Avenue Lorraine Gordon, 2327 Central Avenue Russell E. Myers, 1618 Central Avenue Raymond McLaughlin 2222 Central Avenue William H. Olson, 1097 Jackson Street Celeste Rawson, 342 Main Street Alice Erschen, 2620 University Avenue Elizabeth Krajnovich, 239 West 6th Street Albert J. Ney, 1842 Central Avenue ,Josephine A. Burke, 531 Main Street Helen Weiner, 709 University Avenue Florence F. Herberger, 2987 Jack- son Street Barry N. Gantert, 1301 Rhomberg Avenue Joseph F. Costa, 1091 Main Street Joseph P. & Bernice M. Hillard, 431 Rhomberg Avenue Riverside Bowl Incorporated, 1860 Hawthorne Street Guy G. Kenniker, 119 West 6th Street CLASS "A" CLUB LICENSE Dubuque Golf and Country Club, 260 Randall Place Amvets Post No. 3, 429 Main Street Fraternal Order of Eagles, Aerie No. 568, 6th & Locust Street Passed, adopted and approved this 22nd day of June, 1964. Robert J. Horgan Mayor Richard Ludwig Peter J. Takos Eldon A. Pfohl James J. Kean Attest: Councilmen Leo F. Frommelt City Clerk Councilman Pfohl moved the adoption of the resolution. Second. ed by Mayor Horgan. Carried by the following vote: Yeas — Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. RESOLUTION NO. 151.64 WHEREAS, applications f or 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. Name Address CLASS "C" COMMERCIAL ESTABLISHMENT Eileen M. Wunder. 1006 Central Avenue Robert J. Bowen, 8th & Central Corner Carl N. Brant, 2600 Central Avenue Harriet Bush, 700 East 16th Street Russell Evans, 29 West 8th Street Ramona M. Fettgather, 1103 Iowa Street Beverly Glynn, 655 Central Avenue Donald M. Love, 250 West 6th Street June M. Noel, 2400 Central Avenue Mrs. Denise O'Neill, 55 Locust Street Cletus N. Paul, 1200 Iowa Street Joseph E. Reisdorf, 601 Rhomberg Avenue Donald T. Sand, 2364 Washington Street Patricia Sarris, 760 East 16th Street John L. Savary and Viola M. Savary, 827 Dodge Street Paul Schollmeyer, 176 Locust Street Mark R. Smith, 400 Central Avenue Southern Lounge, Inc., 1111 Dodge Street Richard N. Stecklein, 450 West Locust Street Norbert G. Tigges, 2776 Jackson Street Merlyn L. Weber, 1904 Central Avenue Lorraine Gordon, 2327 Central Avenue Special Session, June 2.2. 1964 235 rc 1618 Central Approved November....16 1084 Russell E. "Ye Avenue Raymond McLaughlin, 2222 Central Avenue William H. Olson, 1097 Jackson Street Celeste Rawson. 342 Main Street Alice Erschen, 2620 University Avenue F,lizabeth Krajnovich, 239 West 6th Street Albert J. Ney, 1842 Central Avenue Josephine A. Burke. 531 Main Street lfelen Weiner. 709 University Avenue Florence F. Herburger, 2987 Jack- son Street Harry N. Gantert, 1301 Rhomberg Avenue Joseph F. Costa, 1091 Main Street Joseph P. & Bernice M. Hillard. 431 Rhomberg Avenue Riverside Bowl Incorporated. 1860 Hawthorne Street Guy G. Kenniker. 119 West 6th Street Dubuque Golf and Country Club, 260 Randall Place Amvet Post No. 3, 429 Main Street Fraternal Order of Eagles, Aerie No. 568. 6th & Locust Street Passed, adopted and approved this 22nd day of June, 1964. Robert J. Horgan Mayor Richard Ludwig Peter J. Takos Eldon A. Pfohl ,lames J. Kean Councilmen Attest: Leo F. Frommelt City Clerk Councilman Takos moved the adoption of the resolution. Second- ed by Councilman Kean. Carried by the following vote: Yeas—Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. There being no further business Mayor Horgan moved to adjourn. Seconded by Councilman Takos. Carried by the following vote: Yeas — Mayor Horgan, Council. men Kean, Ludwig, Pfohl. Takos Nays—None. Leo F. Frommelt City Clerk. Adopted Novemb 161 ................. Q.. Q-• ....... #1.7 Councilme:."- ..................................... .... ..:.. ............................. City Clerk 236 Special Session, June 29, 1964 CITY COUNCH OFFICIAL Special Session, June 29, 1964. Council met at 7:30 P.M. Day light Saving Time. Present -- Mayor Horgan, Coun cilmen Kean, Ludwig, Pfohl, Takos City Manager Gilbert D. Chaven elle. Mayor Horgan read the call an stated that service thereof h a d been duly made and this meeting is called for the purpose of ap. proving various business license applications and acting on any other business which may proper. ly come before a regular meeting of the City Council. RESOLUTION NO, 152.64 EXTRACT FROM THE MINUTES OF A SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, H E L D ON JUNE 29, 1964. The following Resolution was in- troduced by Councilman Kean, read in full and considered; seconded by Councilman Takos, and adopt- ed. RESOLUTION ADOPTION AND APPROVING THE EXECUTION OF AN ACCEPTANCE OF A GRANT OFFER FROM THE UNITED STATES OF AMERICA TO THE CITY OF DUBUQUE, IOWA, FOR THE PURPOSE OF OBTAINING FEDERAL AID IN THE DEVELOPMENT OF THE DUBUQUE MUNICIPAL AIR. PORT, UNDER PROJECT 9-13- 020-C409. Be it resolved by the City Coun. cil of the iCty of Dubuque, Iowa: SECTION I. That the City of Dubuque, Iowa shall, for the pur- pose of obtaining Federal aid in the development of the Dubuque Municipal Airport, enter into a Grant Agreement with the United States of America by executing an aceptance of a Grant Offer from the Administrator of the Federal Aviation Agency, acting for the United States of America, to the City of Dubuque, Iowa, and that such Grant Offer shall be as set forth hereinbelow under Section 4. SECTION 2. The City of Dubu. que, Iowa, does hereby ratify and adopt all statements, representa- tions, warranties, covenants, and agreements contained in the Proj. ect Application, which is incorpo. rated by reference in the said Grant Agreement. SECTION 3. That the Airport Commission of the City of Dubu. que, Iowa, acting through its offi. cer or officers designated by it to SO act, is hereby authorized and directed to execute the acceptance of said Grant Offer on behalf of d the City of Dubuque, Iowa. SECTION 4. That the Grant Of. fer referred to hereinabove shall be as follows: (REFER TO FILE FOR COPY OF GRANT OFFER) Passed, adopted and approved this 29th day of June, 1964. Robert J. Horgan Mayor Richard Ludwig Peter J. Takos Eldon A. Pfohl James J. Kean Attest: Councilmen Leo F. Frommelt City Clerk Councilman Kean moved the adoption of the resolution. Second- ed by Councilman Takos. Carried by the following vote: Yeas — Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. RESOLUTION NO. 153.64 WHEREAS, on the 23rd day of April, 1964, the City Council of Dubuque, lows, passed, adopted and approved Resolution No. 79.64 approving the plat of Lots 1-7 in- clusive in "West Flora" sub- division in the City of Dubuque. Iowa, subject to certain conditions Set forth in said Resolution; and WHEREAS, Section 3 of said Resolution provided that Cletus Palm and Javetta Palm provide security as required in Section 2 Of said Resolution within 45 days from the date of said Resolution; and WHEREAS, the said Cletus Palm and Javetta Palm, have posted the required security, but due to con- ditions beyond the control of the City, said security was not posted within the required 45 days from date of Resolution No. 79-64. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF DUBUQUE, IOWA: --S1x-cial Session, )une N. 1%4 2.17 Section 1. That the security posted by Cletus Palm and Javetta Palm to secure performance of provisions of Section 2 of Reso- lution No. 7964 be and the same is hereby approved. and the failure of Cletus Palm and Javetta Palm to post the required security within 45 days of April 23, 1964, he and the same is hereby waived. Section 2. That the terms and provisions set forth in Resolution No. 79-64 he and the same remain in force and effect as though the required security had been posted within the 45 day period as set out in said Resolution. Section 3. That the said Cletus Palm and Javetta Palm execute the acceptance hereto attached accepting the terms and provisions of Resolution No. 79.64 and the terms and provisions of Resolution No. 153.64. Passed, adopted and approved this 29th day of June. A.D., 1964 by unanimous roll call vote. Robert J. Horgan Mayor Richard Ludwig Peter J. Takos Eldon A. Pfohl James .1. Kean Councilmen complied with the provisions of law• relating to the sale of Cigarette. within the Cityof Dubuque, Iowa. be granted a permit to sell Cigar, ettes and Cigarette}'apers within said City, NAME ADDRESS Amvets Club, 42N Alain Strect Alan D. Brayton, 3200 Central Av- enue Leonard P. Bertsch, 304 326 Main Street Airs. Maryel M. Birkett, 1064 Uni• versity Avenue Gordon Cunningham, Bunker Hill Golf Course Melville L. Donovan, 1876 Central Avenue Afrs. Arthur Duggan, 399 East 201h Street Lester and Marie Eichhorn, 1725 Delhi Clem Fleckenstein, 2995 Central Avenue Robert Hantelmann, 902 Main Street William F. Hancock, 2205 Carter Road Alma Henkel, 241 Main Street. John P. Hemmer, 698 Central Av enue Julien Dubuque Gulf Service, 30 S th Attest: Leo F. Frommelt ou Locust Street Delbert Edward Jones, 3165 Cen City Clerk tral Avenue Darlene R. Kelly, 400 Rhomberg ACCEPTANCE OF RESOLUTION Avenue Helen Lanser, NO. 7964 2414 Central Avenue Mrs. and Anna K. Laury & Joseph R RESOLUTION N0, 153-64 Lenger, 498 North Grandview We, the undersigned, Cletus Terrance J. Manning;, 1005 Dodge Street Palm and Javetta Palm, having read the terms and conditions of Cecil McMahon, 1664 Central Av Resolutions No. 79-64 and No. 153_ 64. and being familiar with the enue Andrew 1'auluz, 926 Maln Street con- tents thereof hereby accept the Joseph Oliver Reilly, 2204 Central same and agree to perform theAvenue conditions required therein Robert Ruellnitz, 629 Rhoruberk, Av Cletus Palm enue Javetta Palm PPte Sfikas, 401 Central Avenue Councilman Takos movedthe I adoption of non Schroeder, 2890 Central Av enue the resolution. Second- ed by Councilman Ludwig. Carried � by the following Frank Schwind,'1'197 I.niver>zily Avenue vote: Yeas—Mayor Horgan, Council Ralph P. Smash. 901 Ithomhorgl Av Men Kean, Ludwig, Pfohl. Takos, NaYs--None. enue Trausch Bakery, 2,S Main Street RESOLUTION Wp, 15444 LeRoy [-'Roy Vtzig; 1302 Central Avenue BE IT RESOLVED by the City Council .f White. 1993 Asbury Street of the City of Dubuque, Counthat the following having Harold Welter, 534 Rharnberq Av enue 238 Special Session, June; 19, 1964 Ralph Warren, 1700 Central Av- enue venue Loras College, 655 Loral Blvd. Roberti. Kehl, 62 Locust Street BE IT FURTHER RESOLVED that the bonds filed with the ap- plications be approved. Passed, adopted and approved this 29th day of June, 1964. Robert J. Horgan Mayor Richard Ludwig Peter J. Takos Eldon A. Pfohl James J. Kean Councilmen Attest: Leo F. Frommelt. City Clerk Mayor Horgan moved the adop- tion of the resolution. Seconded by Councilman Takos. Carried by the following vote: Yeas—Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. RESOLUTION NO. 155-64 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. NAME ADDRESS CLASS "B" BEER PERMIT Cecil McMahon, 1564 Central Av- enue John P. Hemmer, 698 Central Av- enue Noah McNamer, 216 West 1st Street Passed, adopted and approved this 29th day of June, 1964. Robert J. Horgan Mayor Richard Ludwig Peter J. Takos Eldon A. Pfohl James J. Kean Councilmen Attest: Leo F. Frommelt, City Clerk Mayor Horgan moved the adop- tion of the resolution. Seconded by Councilman Ludwig. Carried by the following vote: Yeas—Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. RESOLUTION NO. 15664 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 di- rected to issue to the following named applicants a Beer Permit. NAME ADDRESS CLASS "B" BEER PERMIT Cecil McMahon. 1564 Central Av- enue John P. Hemmer, 698 Central Av. enue Noah McNamer, 216 West 1st Street BE IT FURTHER RESOLVED that the bonds filed by such appli- cants be and the same are hereby approved. Passed, adopted and approved this 29th day of June, 1964. Robert J. Horgan Mayor Richard Ludwig Peter J. Takos Eldon A. Pfohl James J. Kean Councilmen Attest: Leo F. Frommelt, City Clerk Mayor Horgan moved the adop- tion of the resolution. Seconded by Councilman Takos. Carried by the following vote: Yeas—Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. RESOLUTION NO. 15764 WHEREAS, applications f o r Liquor Permits have been sub- mitted to this Council for approval and the same have been examined, NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the following applications be granted ISpecial Session, June 29, 1964 and licenses issued upon the com 111 pliance with the terms of the IOWA LIQUOR CONTROL ACT — CHAPTER 123 --as amended by the 60th General assembly, 1963. NAME ADDRESS CLASS "C" COMMERCIAL ESTABLISHMENT Cloetta L. Ricke, 55 Fast 7th Street Fischer Bowling Lanes Club, 880 Locust Street Alma Henkel, 241 Main Street Marcella McCarty, 2093 Washington Street Passed, adopted and approved this 29th day of June, 1964. Robert J. Horgan Mayor Richard Ludwig Peter J. Takos Eldon A. Pfohl James J. Kean Councilmen Attest: Leo F. Frommelt, City Clerk Mayor Horgan moved the adop- tion of the resolution. Seconded by Councilman Takos. Carried by the following vote: Yeas—Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. RESOLUTION NO. 158.64 WHEREAS, applications 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 ordinan- ces relevant thereto and they have filed the 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. 239 Alma Henkel, 241 Main Street Marcella McCarty, 2093 Washing- ton Street Passed, adopted and approved this 29th day of June, 1964. Robert J. Horgan Mayor Richard Ludwig Peter J. Takos Eldon A. Pfohl James J. Kean Councilmen Attest: Leo F. Frommelt. City Clerk Mayor Horgan moved the adop- tion of the resolution. Seconded by Councilman Takos. Carried by the following vote: Yeas—Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. There being no further business Mayor Horgan moved to adjourn. Seconded by Councilman Takos. Carried by the following vote: Yeas—Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. Leo F. Frommelt, City Clerk Approved November 161964 Adopted ..N 16 NAME ADDRESS CLASS "C" COMMERCIAL ESTABLISHMENT Cloetta L. Hicke, 55 East 7th Street Fischer Bowling Lanes Club, 880 Locust Street ..,fir ............._. - r CouncilZen�^.al � ' ......................... I ..................... Attest: _...'................................. City Clerk Regltlar Sesssion, July 6, 1964 CITY COUNCIL i OFFICIAL Regular Session, July 6, 1964. Council met at 7:30 o'clock P.M. Daylight Saving Time. Present—Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. City Manager Gilbert D.Chavenelle. Mayor Horgan read the call and stated that service thereof had been duly made and this is the Regular Monthly meeting called for the put, - pose of acting upon such business as may properly come before the meeting. Communication of League: of Iowa Municipalities submitting a questionnaire about Mayor's Court and the handling of local courts, presented and read. Councilman Takos moved that the communica. tion be received and filed. Second- ed by Councilman Kean. Carried by the following vote. Yeas—Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. 24 1 July 6, 1964 To the Honorable Mayor and City Council Gentlemen: I am enclosing a letter received from Richard Upton in regard to the placement of tourist signs. I recommend that permission be granted for the erection of the signs. Respectfully submitted, Gilbert D. Chavenelle City Manager Nays—None. Power of Attorney submitted by Allied Mutual Insurance Company appointing William Sears, Starr Leitch and O. Knox Kling as at- torneys in fact, presented and read. Councilman Kean moved that the power of attorney be re- ceived and filed. Seconded by Councilman Pfohl. Carried by the following vote: Yeas—Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. Communication of I) u b u q u c Chamber of Commerce advising that the program of establishing it total program of tourist promo- tion in Dubuque has been com- pleted and requesting permission to erect tourist trail sighs, presented and read. Mayor Horgan moved that the communication and re- quest be referred to the City Man- ager, and Engineering Department. Seconded by Councilman Pfohl. Carried by the following vote: Yeas—Mayor Horgan, Council. men Kean, Ludwig, Pfohl, Takos. Nays—None. Mayor. Horgan moved that the recommendation of the City Man- ager be approved. Seconded by Councilman Takos. Carried by the following vote: Yeas—Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. June 26, 1964 To the lioncrable Mayor and City Council Gentlemen: I submit to you the Statement of Operating Income for 1963 of the Peoples Natural Gas Division. Respectfully, Gilbert D. Chavenelle City Manager Councilman Takos moved that the report be received and filed. Seconded by Councilman Kean. Carried by the following vote: Yeas—Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. July 6, 1964 To the Honorable Mayor and City Council Gentlemen: I herewith submit reports of the City Auditor, City 'Treasurer, City Health Department and City Water Works for the month of May, as well as a list of claims and payrolls for which warrants were issued for the month of May, 1964. Respectfully submitted, Gilbert D. Chavenelle City Manager Councilman Kean moved that the reports be received and filed. Sec- onded by Councilman Takos. Car- ried by the following vote: Yeas --Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. Regular Sesssion, July 6, 1964 X12 _ Proof of Publication, certified to the intersection of Windsor and by the Publisher, of Statement of I for Euclid. Respectfully submitted, Receipts and list of claims were issued during Gilbert D. Chavenelle which warrants the month of May 1964, presented City Manager and read. Councilman Kean moved that the Councilman Takos moved that Man - recommendationof the Seconded b be app y the proof of publication be received Council- ager Councilman Takos. Carried by the and filed. Seconded by Kean. Carried by the following following vote: man Yeas — Mayor Horgan, Council. vote. Yeas—Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Pfohl men Kean, Ludwig, , Takos. Nays—None. Nays—None. June 26, 1964 July 6, 1964 To the Honorable Mayor To the Honorable Mayor and City Council and City Council Gentlemen: At the meeting of June 25, 1964 Gentlemen: At meeting of May 18th the Planning and Zoning Commis - your referred to me a letter from sion took the following action. you the State Tax Commission request- It is recommended that the en- ing that the City waive immunity nexation petition of Joseph F. Link, from garnishment for the collec- John W. Link and John A. Link be denied because the approval of tion of delinquent state taxes from anyone in the city employment. the petition is predicated on the property being zoned as Business I wrote to the Commission ex- B and because the petition does plaining that it would be prefer- not include all property on John able to handle such matters on F. Kennedy Road under the own- an individual case basis. ership of the Links. Enclosed is a letter from the This Commission also wishes to Commission accepting this method thank the City Council for the vote of handling delinquent tax situa- of confidence given to the Com - tions. mission at the joint meeting held Respectfully submitted, on June 19, 1964. Gilbert D. Chavenelle Respectfully submitted, City Manager DUBUQUE PLANNING AND Councilman Takos moved the ZONING COMMISSION recommendation of the Manager Frank J. Glab, Secretary be approved. Seconded by Council- man Kean. Carried by the follow- Councilman Takos moved that ing vote: the recommendation of the Plan- Yeas—Mayor Horgan, Council- ning & Zoning Commission be ag- men Kean, Ludwig, Pfohl, Takos. proved. Seconded by Councilman the following Nays—None. Kean. Carried by .m July 6, 1964 vote: Yeas — Mayor Horgan, Council - To the Honorable Mayor men Kean, Ludwig, Takos. Nays— and City Council Councilman Pfohl. Gentlemen: A verbal request has been re- Councilman Pfohl stated that in ceived from J. L. Spielman and his opinion the matter was not handled properly. Councilman Tak- Dr. Lorenz Wolter for the re-ar- os in rebuttal stated that the mat - rangement of two street lights on Windsor Avenue. The request has ter was handled properly and he been investigated by the City Elec- will uphold the present policy. trical Inspector. July 6, 1964 It is recommended that a light Hon. Mayor & City Council located on the lot line between number 3025 and 3075 Windsor be Gentlemen: On June 12, 1964, John Robert removed and a 4000 lumen incan- Hansen, filed claim against t h e descent light be installed at the City for damages to his vehicle intersection of Windsor and Harlan when struck by a street sweeper and also one 4000 lumen light at on June 12, 1964. Regular Sesssion, July 6, 1964 I have made an investigation of this matter and same was referred to the appropriate agency of the City which agency has disposed of this matter, and I therefore rec- ommend denial of said claim. Original claim is returned here- with. Respectfully submitted, R. N. Russo City Attorney Councilman Takos moved that the recommendation of the City Attorney be approved. Seconded by Councilman Kean. Carried by the following vote: Yeas — Mayor Horgan, Coun- cilmen Kean, Ludwig, Pfohl, Takos. Nays—None. July 6, 1964 Hon. Mayor & City Council Gentlemen: On April 15, 1964, Mrs. Elsia Kinney filed claim against the City of Dubuque in the amount of $25.93 as a result of backup in the sani- tary hewer. I have made an investigation of this matter and have referred the claim to the appropriate agency serving the City of Dubuque which agency has disposed of said matter satisfactory to the claimant. I therefore recommend denial of said claim. Original claim is attached here- to. Respectfully submitted, R. N. Russo City Attorney Councilman Takos moved that the recommendation of the City Attorney be approved. Seconded by Councilman Kean. Carried by the following vote: Yeas — Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. July 6, 1964 Honorable Mayor and City Council Re: Mark Ohnesorge Gentlemen: On March 16, 1964, Mark Ohne- sorge filed claim against the City of Dubuque for personal injuries suffered as a result of a fall at the crosswalk at the intersection of East 14th St. and Washington St. on the 10th day of January, 1964 claiming a defective condition thereat. The said claimant suffered s 243 'racture of the left leg consisting A a fracture of the tibia and of :he fibula. I have consulted with rhe claimant's attorney who has made an offer of settlement in the amount of $300.00. It is the recommendation of the City Attorney that said offer of settlement be accepted and the City Auditor be instructed to draw a warrant payable to Mark Ohne- sorge in the amount of $300.00 and to deliver the same upon the receipt of a duly executed release. Original claim is returned here- with. Respectfully submitted, R. N. Russo City Attorney Councilman Takos moved that the recommendation of the City Attorney be approved and the Aud- itor instructed to issue a warrant in the amount of $300. payable to Mark Ohnesorge and deliver same upon receipt of a duly executed re- lease. Seconded by Councilman Ludwig. Carried by the following vote: Yeas—Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. Notice of claim of Roger F. Moes of 618 Alpine St., in the amount of $250. for payment of a 1964 Chevrolet Sedan which was destroyed as the result of a tree falling on same during a storm on June 19, 1964, 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 Takos. Carried by the fol- lowing vote: Yeas—Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. Notice of claim of Mrs. Mary Dilger, in an unspecified amount, for personal injuries received in a fall near the alley between White and Jackson at 21st Street, on June 19, 1964, presented and read. Councilman 'Takos moved that the notice of claim be referred to the City Solicitor for investigation and report. Seconded by Councilman Pfohl, Carried by the following vote: Yeas—Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. } 3,.Zadtitr Session, July 6, 1964 f"Ift n -ttlim )r' ]L"s Ff+ederick �. iit9t»tt..n -,4 i0310unt of S50., i fair wfmIIIt tt; Lrq__ received in a tul n 111m;> ;r•-s«tion of 8th and ,, n March 6, 196 1r�nr i and read. Councilman T.Uv:.is s.�ived that the notice of :i.la.--1 be referred to the City SOlic- for investigationreport. Seconded by ncilman Pfohl. vote: Carried by the following Yeas ---Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. Notice of claim of Louis J. Meyer, in behalf of Lance M. Mey- er, a minor, in an unspecified amount for personal injuries re- ceived by said minor in a fall at the Summer Carnival on June 27, 1964, presented and read. Council- man Takos moved that the notice of claim be referred to the City Solicitor for investigation and re- port. Seconded by an Pfohl. Carried by the following vote: Yeas—Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. July 2, 1964 To the Honorable Mayor and City Council Gentlemen: Submitted herewith for your con- sideration of approval are certain amendments and revisions to the. City of Dubuque Plumbing Ordin- ance No. 21.55 as recommended by the Dubuque Journeymans Plumb- ers Association, the Dubuque Mas- ter Plumbers Association and the City of Dubuque Plumbing In- spector and George Deininger Chairman of the Building Code Committee. Respectfully, Charles W. Geiger, Master Plumbers As- sociation William J. Martens, Journeyman Plumbers Association Richard J. Feyen, Plumbing Inspector . George Deininger, Chairman Building Code Committee Mayor Horgan moved that th recommendation be approved. Sec onded by Councilman 'Takos. Car ried by the following vote: Yeas—Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. ORDINANCE NO. 21-64 An Ordinance Amending Plumb- ing Ordinance No. 21-55 of City of Dubuque by repealing Section 33 thereo' and enacting a new Section 33 in lieu thereof pro- viding for additional exception to the requirements of the State Plumbing Code, presented and read. Councilman Ludwig moved that the reading just had be considered the first reading of the Ordinance. Seconded by Councilman Takos. Carried by the following vote: Yeas—Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. Councilman Ludwig moved that the rule be suspended requiring an Ordinance to be read on three separate days. Seconded by Council- man Takos. Carried by the follow- ing vote: Yeas—Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. ord.n3nce No. 21-64 An urdln: race Amenolim Plumb - Ing Ordltuu,.-e No. 21-:,.-. -f city of Dubuque Ly repealing section 33 thereof t nd on..cung a new sec- tion 33 lit Leu thereof providing for additional exception to the re- �tuirements of the state Plumbing 'ode. Now Therefore Ile It Ordained by City of Lubuque, Iowa. section 1. That section 33 and each subsection thereof, of Plumbing ut-dinunce No. 21-55 of City of Lu- Iruque, Iowa referred to as Plumb- ing Code, be and the same is here- by repealed. and a new section 33 in lieu thereof he enacted an follows: -Section 33. The definitions of terms set out in the Stnte Plumb- ing Code are hereby adopted as the definitions of the terms used III this ordinance and all plumb- ing hereafter done In the City of Dubuque shall be done In accord- ance with the State Plumbing Code '•xcept as foUOWs: (a) Concrete pipe shall not be used to carry sewage except In main sewers. (b) All Joints in vitrified clay setvcr Tile shall be Hut -poured Joints complying with section 4.'l (6) of the 1864 state of 1 o w a pluproved ii y the City of llubuque and of insterial aor they may be factory applied Pre 4csbt .2 (7) iofsthejt1964 Ing ofsection lowa Plumbing Code and ASTM C425- 60111. All Joints for cant iron soil pipe e shall be load and oakum, except that Preformed gaskets conform - Ing to section 4.2 (15) (if the may State of lows Plumbing a Regular Sesssion, July 6, 1964 245 0 be tined for building sewers from F out side of he building or acs p ,e public sanitary sewer vote disposal system. (c) No storm water drains or cistern overflow pipes shall be con- nectoa esithernitdirectly r indirect - (d) A main shut-off on the wa- ter supply line shall be approxi- mately one foot Inside the curb - line If there In a curb, otherwise. It shall be in the platted street close to the property line. An ac- cesslble shut-off shall be provid- ed just inside the foundation wall and at the outlet side of the wa- ter meter, for the main supply line, for each gill cock and, In buildings r over each riser hreell stories In height, e. (e) Where cast iron sell pipe In , It 14111111 hegradenot legsthan tined of a Wihe thin *extra - heavy." (f) The use of ael,estos cement pipe or bituminous fibre pipe for house sewers shall not be permit- ted. (g) The use of aluminum pipe and fittings shall not be permitted. (h) Kit. Sink Wastes: When new sink wastes are Installed or re- placed in buildings under con- struction or in existing buildings being remodeled, the size of the drain shall legs sidepiped diameter to the nkitchen sink trap. (I) Automatic Clothes Washing Machines. Indirect drains or indi- rect waste piping which may re- ceive the discharge from auto- matic clothes wuehing machines. shall not discharge the waste from any such Indirect waste or drain into a floor drain. (j)Water closet and Urinal Vacuum Breaker: Every water closet and every urinal shall be provided with a vacuum breaking device of either an approved float valve with an Integral anti -syphon device or an approved vacuum l,reaker. (k) Water Pipe Size: Water sup- ply piping from the water meter outlet shall be not less than %" In- side pipe diameter to the water heater and to the third branch opening for the usual single fam- ily residence. In buildings other than single family residence, the pipe also shall be determined by the methods found In the STATE PLUMBING CODE BOOK. (1) The use of type DWV and type M copper pipe or tubing for soil, waste, vent or water piping is prohibited. Copper pipe or tubing used for plumbing, drains. Boll. waste, vent or water piping shall be of a wall thickness not leas than type "L" above ground and shall be of a wall thickness not Ion than type "K" when burled. (m) Copper -nickel, high strength. low alloy, schedule 40 galvanized steel pipe with at -rowed cast iron drainage fittings may be used for soil, waste, drain and vents piping above ground where wrought iron Pipe Is permitted by the Plumbing Code." Section 2. This Ordinance shall Ile In full force and effect from and after its final passage, adoption and publication an by law provid- ed. Introduced the 6th clay of .fuly. 1964. Rule requiring reading on tree s.•lucrate days suspended by unani- moos vote the 6th day of July, 1964. Passed by recorded roll call cote, adopted and approved this 6th day of July, 1964. Hobert J. Horgan MAYOR Richard Ludwig Peter J. Takos Eldon A. Pfohl James J. Kean COUNCILJIEN Attest: Leo F. Frommelt ('iTY CLERK Published officially in The Tele- graph -Herald Newspaper this 10th d+ty of July 1964. Leo F. Frommelt City Clerk it. 7/10 Councilman Ludwig moved the final adoption of the Ordinance. Seconded by Councilman Takos. Carried by the following vote: Yeas—Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. ORDINANCE NO. 22.64 An Ordinance Amending City of Dubuque Plumbing Ordinance No. 21.55 by repealing Section 33 (b) thereof and enacting a new Section 33 (b) in lieu thereof to permit new Jointing Materials, presented and read. Councilman Ludwig moved that the reading just had be considered the first reading of the Ordinance. Seconded by Councilman Takos. Carried by the following vote: Yeas—Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. Councilman Ludwig moved that the rule be suspended requiring an Ordinance to be read on three separate days. Seconded by Coun- cilman Takos. Carried by the fol- lowing vote: Yeas—Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. Ordinance No. 22.64 An ordinance Amending City of Dubuque Plumbing ordinance No. 21-55 By Repealing section 33 (b) thereof and enacting a new Section 33 (b) In Lieu thereof to Permit new Jointing Materials. lie It ordained By The City Coun- (•il of taty of Dubuque, Iowa. Section 1. That Section 33 (b) of ordinance No. 21-55 be and the sume is hereby repealed and the following new section 33 (b) be enacted In lieu thereof to wit: "33 (b) All joints in vitrified clay sewer the shall be Hot -poured joints complying with Section 4.2 (6) of the 1964 state of Iowa plumbing Code and of material ap- proved by the city of Dubuque; or they may be factory upplied Pre Last( JI Iof tile iti ateccofection lowa X48 Regular Sesssi( Plumbing Code and ASTM C425 - WT. All joints for east iron Roil pIPP shall be lend and oakum, except that Preformed gaskets conform- ing to section 4.2 (15) of the 1964 State of Iowa Plumbing Code may be used for building sewers from 5• outside of the building to the public sunitary w-wer or a private disposal system." Section 2. This Ordinance shall lie in full force and effect from and after Its final passage, adoption and puhltcation Rs by law pro- vided. Introduced the Gth day of July, 1964. Rule requiring reading on three separate days suspended by unani- mous vote the 6th day of July, 1964. Passed by recorded roll call vote, Rdcpted and approved this 6th day of July. 1964. Robert J. Horgan MAYOR Richard Ludwig Peter J. Takos Eldon A. Pfohl James J. Kean COUNCILMEN Attest: i.eo F. Frommelt CITY CLERK Published officially in The Tele- graph -Herald Newspaper this 10th day of July 1964. Leo F. Frommelt City Clerk. lt. 7/10 Councilman Ludwig moved the final adoption of the Ordinance. Seconded by Councilman Takos. Carried by the following vote: Yeas—Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. ORDINANCE NO. 23.64 .An Ordinance Amending Section 24 of the City of Dubuque Plumb- ing Ordinance No, 21-55 to re- quire payment of permit fee, presented and read. Councilman Ludwig moved that the reading just had be considered the first reading of the Ordinance. Seconded by Councilman Takos. Carried by the following vote: Yeas—Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. Councilman Ludwig moved that the rule be suspended requiring an Ordinance to be read on three separate days. Seconded by Council- man Takos. Carried by the follow- ing vote: Yeas—Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. ORDINANCE NO. 23.64 All Ordinance Amending Section 24 of the City of Dubuque Plumb. 1nI4 Ordinance No. 21-55 to Re- quire Payment of Permit Fee. In, July 6, 14,164 no It Ordained ny the City Coun- cil of City of Dubuque, Iowa. Section 1. That Section 24 of the City of Dubuque Plumbing Ordin- ance No. 21-56 be and the same Is hereby amended to include a plumbing permit fee of $1.00 for •ach roof, area and Indirect drain •-pening to a city storm sewer. Section 2. This Ordinance shall be in full force and effect from and after its final passage, adoption and publication as by law provided. Introduced the 6th day of July, 1:164. Rule requiring reading on three separate day" suspended by unani- mous vote the 6th day of July, 1964. Passed by recorded roll call vote, adopted and approved this 6th day of July, 1964. Robert J. Horgan MAYOR Richard Ludwig Peter J. Takos Eldon A. Pfohl James J. Kean COUNCILMEN Attest: l,eo F. Frommelt CITY CLERK Published officially In The Tele- graph -Herald Newspaper this 10th ,tny of July 1964. Leo F. Frommelt City Clerk. It. 7/10 Councilman Ludwig moved the final adoption of the Ordinance. Seconded by Councilman Takos. Carried by the following vote: Yeas — Mayor Horgan, Council- men Kean, Ludwig. Pfohl, Takos. Nays—None. July 3, 1964 To the Honorable Mayor and City Council Gentlemen: At a meeting of the Planning and Zoning Commission held July 2, 1964 the Commission recommended that the following described areas be zoned to the following zoning classifications: To Light Industrial District Lot 1 of Lot 2 of the NEIa of the NE. /4 of Section 28, Township 89 North, Range 2 East of the 5th P.M., in the City of Dubuque, Iowa, according to the recorded Plat thereof. To Local Business "A" Lot 1 of Lot 2 of Lot 2 of the. NEL./4 of the NEI/4 of Section 28, Township 89 North, Range 2 East of the 5th P.M., in the City of Dubuque, Iowa, according to the recorded Plat thereof; and That portion of Lot 2 of Lot 2 of Lot 2 of the NEI/4 of the NEI,, of Section 28, Township 89 North, flange 2 East of the 5th P.M., in the City of Dubuque, Iowa, beginning Regular Smssion, July 6, 1964 at the west property line of John F, Kennedy Road and the south property line of Pennsylvania Av- enue, thence west 255.0 feet, thence south 25° east 128.00 feet, thence south 41° east 195.0 feet, thence south 78^ east 90.0 feet, thence northerly along the west property line of John F. Kennedy Road 283.0 feet to the point of beginning, according to the record. ed Plat thereof. To Sinole Family Residential The balance of the NEY4 of the NEI/4 of Section 28, Township 89 North, Range 2 East of the 5th P.M., in the City of Dubuque, Iowa. The above described areas are outlined on the map attached here. to. Respectfully submitted, Frank J. Glab, Secretary DUBUQUE PLANNING AND ZONING COMMIS- SION Mayor Horgan moved that the recommendation of the Commission be approved. Seconded by Council- man Pfohl. Carried by the follow- ing vote: Yeas—Mayor Horgan, Council. men Kean, Ludwig, Pfohl, Takos. Nays—None. 247 Councilman Ludwig moved that a public hearing be held on the Ordinance on August 3, 1964, at 7:30 P.M. D.S.T. in the Council Chamber at the City Hall and the City Clerk be instructed to publish notice of the hearing in the man- ner required by law. Seconded by Councilman Takos, Carried by the following vote: Yeas—Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. ORDINANCE NO. 24-64 An Ordinance Amending and Changing the Zoning Map of the City of Dubuque, Iowa, as pro- vided by Ordinance No. 3-34 designated "Zoning Ordinance of the City of Dubuque, Iowa" so as to provide zoning classification for the area annexed to the City of Dubuque, Iowa, by Resolution adopted June 1, 1964, presented and read. Councilman Ludwig nioved that the reading just haci be considered the first reading of the Ordinance. Seconded by Councilman Takos. Carried by the following Vote: Yeas—Mayor Horgan, Council- men Kean, Ludwig, Yfoill, 'Takos. Nays—None. Councilman Ludwig moved that the rule be suspended requiring an Ordinance to be read on three separate days. Seconded by Council- man Takos. Carried by the follow- ing vote: Yeas — Mayor Horgan, Council men Kean, Ludwig, Pfohl, Takos Nays --None. ORDINANCE NO. 25-64 An Ordinance Vacating that por- tion of Emerson Street lying eastwardly of Garfield Avenue hereinafter to be described and known as Lot IA of Ham's Addi- tion and approving plat thereof, presented and read. Councilman Ludwig moved that the reading just had be considered the first reading of the Ordinance. Seconded by Councilman Takos. Carried by the following vote: Yeas — Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. Councilman Ludwig moved that the rule be suspended requiring an Ordinance to be read on three sep- arate days. Seconded by Council- man Takos. Carried by the follow- ing vote: Yeas — Mayor Horgan, Council- inen Kean, Ludwig, Pfohl, Takos. Nays—None. ORDINANCE NO. 25.84 AN ORDINANCE VACATING THAT PURTIUN OF EMER- SON STREET LYING EAST- WARDLY OF GARFIELD AVE- NUE HEREINAFTER TO BE DESCRIBED AND KNOWN AS LOT IA OF HAM'S ADDITION AND APPROVING PLAT THEREOF WHEREAS, City Council of City of Dubuque, Iowa, has been petitioned In wrlting that that portion of Emerson Street lying east of the property line of Gar- field Avenue be vacated: and WHEREAS, City Council of City of Dubuque. Iowa, determines that said portion of Emerson Street public purposeeasaaated p� licrves stre t; and WHEREAS, the Planning an d Zoning Commission of City of Du- bu uo, Iowa has determined that sai� portlun of Emerson Streaet ted. titluned to be vacated, be NuW THEREFORE BE IT OR- DAINED 11Y THE CITY COUN- CIL OF CITY OF DUBUQUE, IOWA: section 1. That portion of Emer- son Street lying east of the prop- ere- inatter 1 toube;describe dielvandeknown 24S Regular Sesssion, July 6, 1964 as Lot IA of Ham's Addition In the City of Dubuque, Iowa, be and the same is hereby vacated. Section 2. That the Plat of thut portion of Emerson Street herein vacated and bearing date of July 1, 1964 and prepared by John L. \\'bite, Professional Civil Engineer and Land Surveyor, be and t h e same is hereby approved and that the Mayor and City Clerk be and theyare hereby authorized and directed to execute said Plat for ;and on behalf of the City of Du- buque, Iowa. Section 3. That the City Clerk tic and he to hereby directed to file a certified copy of this Or- dinance 1n the office of the Re- corder In and for Dubuque Coun- ty, Iowa. PagaPd, adopted and approved ,1114 6th day of July, 1964. Robert J. Horgan Mayor Richard Ludwig Peter J. Takon Eldon A. Pfohl James J. Kean Councilmen Attest: Leo F. Frommelt City Clerk Published officially in the Tele- graph -Herald Newspaper this 10th day of July, 1964. I.eo F. Frommelt City Clerk It 7-10 Councilman Ludwig moved the adoption of the Ordinance. Second- ed by Councilman Takos. Carried by the following vote: Yeas — Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. ORDINANCE NO. 26.64 An Ordinance vacating that por- tion of Stanton Street lying east• wardly of Garfield Avenue here- inafter described and known as Lot 2A of Ham's Addition and approving plat thereof, presented and read. Councilman Ludwig moved that the reading just had be considered the first reading of the Ordinance. Seconded by Mayor Horgan. Car- ried by the following vote: Yeas — Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. Councilman Ludwig moved that the rule be suspended requiring all Ordinance to be read on three separate days. Seconded by Coun. cilman Pfohl. Carried by the fol- lowing vote: Yeas — Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. ORDINANCE NO. 26-64 AN ORDINANCE VACATING THAT PORTION OF STANTON STREET LYING EASTWARD - LY OF GARFIELD AVENUE HEREINAFTER TO BE DE- SCRIBED AND KNOWN AS LOT 2A OF HAM'S ADDITION AND APPROVING PLAT THEREOF WHEREAS, City Council of City of Dubuque, Iowa, Ilan been pe- titioned In writing that that por- tion of Stanton Street lying east of the property line of Garfield Avenue be vacated; and WHEREAS, City Council of City of Dubuque, Iowa, determines that said portion of Stanton Street pe- titioned to be vacated serves no public purpose as a public street; and WHEREAS, the Planning a n d Zoning Commission of City of Du- buque, Iowa has determined that said portion of Stanton Street pe- titioned to be vacated, be va- cated. NOW THEREFORE BE IT OR- DAINED BY THE CITY COUNCIL OF CITY OF DUBUQUE, IOWA: Section 1. That portion of Stan- ton Street lying east of the prop- erty line of Garfield Avenue here- Inafler to be described and known as I.ot 2A of Ham's Addition In the city of Dubuque, Iowa, be and the same is hereby vacated. Section 2. That the Plat of that portion of Stanton Street herein vacated and bearing date of July 1, 1964 and prepared by John L. While, Professional Civil Engineer and Land Surveyor, be and t h e name Is hereby approved and that the Mayor and City Clerk be and they are hereby authorized and directed to execute said Plat for and on behalf of the City of Du- buque, Iowa. Section 3. That the City Clerk be and he is hereby directed to file a certified copy of this Or- dinance In the office of the Re- corder In and for Dubuque County, Iowa. Passed, adopted and approved (film Gill day of July, 1964. Robert J. Horgan Mayor Richard Ludwig Peter J. Takos Eldon A. Pfohl James J. Kean Councilmen Attest: Leo F. Frommelt City Clerk Published officially in the Tele- graph -Herald Newspaper this 10th day of July, 1964. Leo F. Frommelt City Clerk It 7-10 Councilman Ludwig moved the final adoption of the Ordinance. Seconded by Mayor Horgan. Car- ried by the following vote: Yeas — Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. ORDINANCE NO. 27.64 An Ordinance vacating the west- erly 140 feet of Marshall Street Regi lar Sesssion, July 6, 1984 249 lying east of the property line of Garfield Avenue hereinafter to be described and known as Lot I and Lot 2A of McCraneys Addition and approving plot thereof, presented and read. Councilman Ludwig moved that the reading just had be considered the first reading of the Ordinance. Seconded by Councilman Takos. Carried by the following vote: Yeas — Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. Councilman Ludwig moved that the rule be suspended requiring an Ordinance to be read on three separate days. Seconded by Coun- cilman Takos. Carried by the fol- lowing vote: Yeas — Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. ORDINANCE NO. 27.64 AN ORDINANCE VACATING THE WESTERLY 140 FEET OF MAR- SHALL STREET LYING EAST OF THE PROPERTY LINE OF GARFIELD AVENUE HEREIN- AFTER TO Iii: DESCRIBED AND KNOWN AS LOT IA AND LOT 2A OF McCRANEYS AD- DITlON AND APPROVING PLAT THEREOF WHEREAS, City Council of City of Dubuque, Iowa, has been peti- tioned to writing that the Wester- ly 140 feet of Marshall Street lying East of the property line of Gar- field Avenue be vacated: and WHEREAS, City Council of City of Dubuque, lova, determines that said portion of Marshall Street pe- titioned to be vacated serves no public purpose as a public street. and WHEREAS, the Planning and Zoning Commission of City of Du- buque, Iowa has determined that said portion of Marshall Street pe- titioned to be vacated, be va- cated. NOW THEREFORE BE IT OR- DAINED BY THE CITY COUN- C11, OF CITY OF DUBUQUE, [()WA: Section 1. That the Westerly 140 feet of Marshall Street lying Nast of the property line of Gar- field Avenue hereinafter to be described as Lot IA and Lot 'LA of McCraneys Addition in the City of Dubuque, Iowa, be and t h e !7n nie is hereby vacated. Section _ That the Plat of the Westerly 1411 feet of Marshall Street herein vacated and bearing date of July 1, 1964 and prepared by John L. White, Profeaslonal Civil Englneer and I."nd Surveyor. be unit the same is hereby approved and that the Mayor and City Clerk he and they ure hereby authorised and directed to execute said Plat for and on behalf of the City of Dubuque, Iowa. Seddon 3. That the City Clerk he and lie Is hereby directed to file a certified copy of this Or- dinunce In the office of the Re- corder in and for Itubuque Coun- ty, lows. Passed, adopted and approved this 6th day of July, 1964. Robert J. Horgan Mayor Richard Ludwig Peter J. Takos Eldon A. Pfohl James J. Kean Councilmen Attest: Leo F. Frommelt Vity Clerk Published officially In the Tele- graph -Herald Newspaper this 10th day Of July, 1964. Len F. Frommelt City Clerk It ;-10 Councilman Ludwig moved the adoption of the Ordinance. Sec- onded by Councilman Takos. Car- ried by the following vote: Yeas — Mayor Horgan, Council- men Kean, Ludwig. Pfohl, Takos. Nays—None. Petition of Dubuque Screw Prod- ucts Inc. of 163 Main Street, re- questing permission to construct a loading dock behind their building, presented and read. Councilman Kean moved that the petition be referred to the City Manager, En- gineering Department and Build- ing Commissioner. Seconded by Councilman Takos. Carried by the following vote: Yeas — Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. Petition of C. Danglemeyer re- questing a refund of $5.00 on a heating permit that was never used issued in January No. 10741, pre- sented and read. Councilman Takos moved that the refund be granted and the Auditor instructed to issue proper warrant. Seconded by Mayor Horgan. Carried by the following vote: Yeas — Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. Petition of Julien Dubuque Sum mer Carnival Inc. requesting a refund of $150. on the unexpired portion of Class "B" beer permit No. 66, as they have discontinued business oil June 27, 1964, pre- sented and read. Councilman Takos moved that the refund be granted and the Auditor instructed to issue proper warrant. Seconded by Coun- cilman Kean. Carried by the fol- lowing vote: Yeas Mayor Horgan, Council- men Kean, Ludwig, Pfohi, 'Takos. Nays—None. 250 Regular Sesssion, July 6, 1964 Petition of David A. Frey re- questing it refund of $150. on the unexpired portion of Class B beer license No. 59, as lie has diseon• tinued business on July 3, 1964, presented and read. Councilman Takos moved that the refund be granted and the Auditor instructed to issue proper warrant. Seconded by Councilman Kean. Carried by the following vote: Yeas — Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. Petition of Wm. Tindell Jr. re- questing a refund of $100. on the unexpired portion of Class "B" beer permit No. 14, as he has dis- continued business on July 3, 1964, presented and read. Councilman Takos moved that the refund be granted and the Auditor instructed to issue proper warrant. Seconded by Councilman Kean. Carried by the following vote: Yeas — Mayor Horgan, Council- men Kean, Ludwig, Pfoh1, Takos. Nays—None. Petition of Win. Tindell Jr. Re- questing a refund of $75. on the unexpired portion of cigarette li- cense No. 205, as he has discon- tinued business on July 3, 1964, presented and read. Councilman Takos moved that the refund be granted and the Auditor instructed to issue proper warrant. Seconded by Councilman Kean. Carried by the following vote: Yeas — Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. Proof of Publication, certified to by the Publisher, of Notice of levy of special assessment and Inten- tion of the City Council to issue bonds to pay for the construction of the Thomas Place 8" sanitary sewer. presented and read, Mayor Horgan moved that the proof of publication be received and filed. Seconded by Councilman Takos. Carried by the following vote: Yeas — Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. Statement of City Clerk certify- ing that notices of levy were mailed by certified mail on June 3, 1964, to property owners subject to levy to pay for the cost of construct- ing the Thomas Place 8" sanitary sewer, presented and read. Council- man Kean moved that the state- ment be received and filed. Sec. onded by Councilman Takos. Car. ried by the following vote: Yeas — Mayor Horgan, Council. men Kean, Ludwig, Pfohl, Takos. Nays—None. Statement of Hugh Dalton, a member of the Engineering staff, certifying that notices of levy were posted in the assessment area on June 10, 1964 of the Thomas Place 8" sanitary sewer presented and read. Councilman Takos moved that the statement be received and filed. Seconded by Mayor Horgan. Car- ried by the following vote: Yeas — Mayor Horgan, Council. men Kean, Ludwig, Pfohl, Takos. Nays—None. RESOLUTION NO. 159.64 SCHEDULE OF ASSESSMENTS RESOLVED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE, IOWA: That to pay for construction of an eight inch (8") sanitary sewer between Lincoln Avenue a it d Thomas Place beginning at the existing sanitary sewer in Lincoln avenue at the S. E. 125' of Lot 99 of McCraneys 1st Addition, thence westerly through said lot to the N. W. 147, of Lot 99 of Mc- Craneys 1st Addition, thence south- erly to Lot 1-B of Lot 96 of Mc- Craneys 1st Addition and norther- ly to Lot 2 of Lot 103 of McCran- eys 1st Addition, by SMITfYS EX- CAVATING SERVICE, Contractor in front of and adjoining the same, a special tax be and is here- by 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 fol- lowing schedule. Ernest J. Kenkel, Lot 1-B- 96, McCraneys 1st Ad dition ..............................$ 202.81 Ernest J. Kenkel, Lot S.W. 61-8"-2-B-96, McCraneys 1st Addition .................. 40.07 Ray L. & Phyllis Oertel, Lot N.E. 10'-2-B-96, Mc- Craneys 1st Addition .. 60.72 Ray L. & Phyllis Oertel, Lot 1-B-97, McCraneys 1st Addition .................... 100.8C Regular Sesssion, July 6, 1964 151 Ray L. & Phyllis Oertel, �f which tespecial isd in pro - Lot 2-B-97, McCraneys portion 1st Addition .................... 202.81 conferred. Walter B. & V. Strand- *City to pay the assessment for berg, Lot N.W. 'x•98, this lot: future connection to this McCraneys 1st Addition 303.61 lot will pay the connection charge John Francis & Sylvia Isa- of $303.61. bella, Kressig, Lot N.W. Passed, adopted and approved 1471.99, McCraneys 1st this 6th day of July 1964. Addition ......................... 303.61 ROBERT J. HORGAN John Francis & Sylvia Isa- Mayor bella, Lot N.W. 147'-100, RICHARD LUDWIG McCraneys 1st Addition 303.61 PETER J. TAKOS ELON A. PFOHL "Mary E. Hohnecker. Lot 101, McCraneys 1st Ad. JAMES J. PFO dition .............................. 303.61 EAN Aloysius J. Jr. & Helen Councilmen Esther Kemp, Lot 2- Attest: LEO F. FROMMELT 102, McCraneys 1st Ad- City Clerk dition .............................. 303.61 Mayor Horgan moved the adop- Clarence A. & Grace F. tion of the resolution. Seconded Dirksen, Lot 2-103, Me. by Councilman Kean. Carried by Craneys 1st Addition .. 303.61 the following vote: $2,428.87 Yeas -Mayor Horgan, Council - Assessable Cost: men Kean, Ludwig, Pfohl, Takos. 398.13 lin. ft. 8" V.T.P. Nays -None. Ch 3,25 ...........................• 1,293.92 Proofs of Publication, certified 6 no. of 8" x 6" x 3' Y to by the Publishers, of notice of branches 0i, 4.00 .......... 24.00 public hearing to consider pro - Manholes posal to authorize the issuance of 25.3 lin. fit. sidewall („ sewer bonds to pay for the cost 17.00 ................................ 430.10 of constructing the Thomas Place 3 no. of concrete bases (ft 8" sanitary sewer in the amount 45.00 ................................ 135.00 of $2,428.87, presented and read. 3 no. of ring & covers Co Mayor Horgan moved that t h e 50.00 ................................ 150.00 proofs of publication be received 23.3 tons crushed stone C4, and filed. Seconded by Councilman 3.00 ... 69,90 Takos. Carried by the following vote: $2,102.92 Yeas -Mayor Horgan, Council - 14.778% inspection .... 310.76 men Kean, Ludwig, Pfohl, Takos. 5% int. -52 days ........ 15.19 Nays -None. Total assessed cost ..$2.428.87 RESOLUTION NO. 160-64 City Share: 158 lin. ft. 8" V.T.P. C* Resolution providing for the is - 3.25 .........$ 513.50 nuance of sewer bonds for the Manholes purpose of providing for the pay - 15 lin. fit. sidewall Cu ment of the assessed cost of an 1 eight (8) sanitary sewer between o. "."".". s 255.00 2 it concrete bases Lincoln Avenue and Thomas Place es in McCraneys 1st Addition. G�: 45.. 00 .......................... 90.00 y 2 no. of ring & cover Gr Whereas the coptract hereto - 50.00 ................................ 100.00 fore entered into by the City of 1 no. of Drive section Cit Dubuque, Iowa, for the sewer 75.00 ................................ 75.00 hereinafter described has been 70 sq, ft. sidewalk re- completed and the City Manager place «' 0.80 .................. 56.00 has certified the completion 541.9 sq. yd. Sod replace thereof to the City Council and 01 0.60 ............................ 325.14 the City Council has ascertained 1 fence replace 0, 20.00 .. 20.00 the cost thereof and has deter - 1 no. of street opening mined that $2,428.87 Dollars of & water shut off 6, the cost thereof shall be assessed 75.85 ................................ 75.85 against the property subject to Total city share ............$1,510.49 assessment therefor; and 2,52 Regular 5esssiuu, July 6, 1964 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 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 ob theretojections made been considered and determined; n 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 the improvement of %n eight inch (8") sanitary sewer between Lin- coln Avenue and Thomas Place beginning at the existing sanitary sewer in Lincoln Avenue at the S.E. 125' of Lot 99 of McCraney's 1st Addition, thence westerly through said lot to the N. W. 147' of Lot 99 of McCraneys 1st Addi- tion, thence southerly to Lot 1-B of Lot 96 of McCraneys 1st Addi. tion and northerly to Lot 2 of Lot 103 of McCraneys 1st Addi- tion there shall be issued Sewer bonds in the amount of $2,428.87 Dollars in anticipation of the de- ferred payment of assessments levied for such improvement. 2. Such bonds shall be called Sewer bonds; and shall bear the date of August 6, 1964; and shall be numbered consecutively; and they shall be numbered, divided into series, and be in such de- nominations and for such maturity dates as are shown in the follow- ing table: Series No. 1, Bond No. 5020, $200.00. April 1, 1965. Series No. 2, Bond No. 5021, $200.00, April 1, 1966. Series No. 3, Bond No. 5022, $200.00, April 1, 1967. Series No. 4, Bond No. 5023, $200.00, April 1, 1968. Series No. 5, Bond No. 5024, $200.00, April 1, 1969. Series No. 6, Bond No. 5025, $200.00, April 1, 1970. Series No. 7, Bond No. 5026, $200.00, April 1, 1971. Series No. 8, Bond No. 5027, $200.00, April 1, 1972. Series No. 9, Bond No. 5028, $200.00, April 1, 1973. Series No. 10, Bond No. 5029 and 5030, $200.00 each, April 1. 1974. Series No. 10, Bond No. 5031, $228.87, April 1, 1974. 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 attached: 4. Said bonds shall not make the City of Dubuque liable in any way, except for the application of said special assessment funds. 5. Said bonds shall provide that they may be payable at any time prior to the maturity date stated therein at the option of the City of Dubuque and shall be substan- tially the following form: No. ........................................ Series No. .... - ..... ....... CITY OF DUBUQUE SEWER 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 April, 1965, or at any time before that date, at the option of the City of Dubuque, the sum of Two Hun- dred dollars with interest thereon at the rate of 5 per cent per an- num, payable semi-annually, on the presentation and surrender of the interest cjupons hereto at- tached. Both principal and interest of this bond are payable at the office of the City Treasurer in the City of Dubuque, in the State of Iowa. This bond is issued by the City of Dubuque under and by virtue of Chapter 396 of the 1954 Code of Iowa, as amended, and the Resolution of said City duly passed on the 6th day of July, 1964, being Resolution No. 160-64. This Bond is one of a series of 12 bonds, 11 for $200.00 numbered from 5020 to 5030 inclusive, and one for $228.87 numbered 5031, all of like tenor and date, and is. sued for the purpose of construct- ing an eight (8) sanitary sewer between Lincoln Avenue and Thomas Place in McCraneys 1st Addition as described in said Reso- lution, in said City, which cost is payable by the abutting and ad- jacent property along said im- provements and is made by law a lien on all of said property. It is payable only out of the Special Assessment Fund No. 1247 created Regular Sesssion, by thecollection ollection of said special tax, and said fund can be used for no other purpose. It is hereby certified and re- cited that all the acts, conditions and things required to be done, precedent to and in issuing this series of bonds, have been done, happened, and performed, in regu. lar and due form, as required by law and said Resolution, and for the assessment, collection and payment hereon of said special tax, the full faith and diligence of said City of Dubuque are here by irrevocably pledged. IN TESTIMONY WHEREOF the City of Dubuque by its Council has caused this bond to be signed by its Mayor and counter -signed by its City Clerk and the Seal of said City to beAthereto 1964affixed, this 6th day of (SEAL) May... or ........................... City Clerk (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' interest due that date on its ................................ Bond No. .................... dated ............................. Mayor.......................... ................... City Clerk july 6, 1964 — _ 253 8. That the interest coupons at - .ached to the bonds be signed ,vith the facsimile signature of she Mayor and countersigned with the facsimile signature of the City Clerk. 9. That as fast as funds allow, beginning with the second year after the payment of interest due, the City Treasurer is directed to call these bonds in the same order as numbered. 10. Notice of election to call these bonds shall be given by regular United States Mail ad- dressed to the last known address of the purchaser. Passed, adopted and approved this 6th day of July, A.D., 1964. Robert J. Horgan Mayor Richard Ludwig Peter J. Takos Eldon A. Pfohl James J. Kean Councilmen Attest: Leo F. Frommelt City Clerk Councilman Kean moved the adoption of the resolution. Sec- onded by Councilman Takos. Car- ried by the following vote: Yeas—Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. June 26, 1984 To the Honorable Mayor and City Council Gentlemen: At the June 25 1964 meeting 6. That the Mayor and City Clerk be and they are hereby in- structed 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 deliver 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. 1247 and paid out by him to pay the cost of said con- tract. of the Planning and Zoning Com- mission the following action was taken: It is recommended that the City Council take whatever steps are necessary to acquire the por- tion of Lot 1 of Block 3 of Orchard Hills Subdivision which has been offered to the Park Board of the City of Dubuque, Iowa. Respectfully submitted, Dubuque Planning and Zon- ing Commission Frank J. Glab, Secretary Mayor Horgan moved that the recommendation of the Planning & 'Zoning Commission be aP• proved. Seconded by Councilman Takos. Carried by the following vote: Yeas—Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays --None. 254 Regular Sesssion, Jule 6, 1964 RESOLUTION NO. 161.64 WHEREAS, Robert J. Shireman, Maxine F. Shireman, and Henry J. Kieffer and Genevieve A. Kief• fer, owiiers of Orchard Hills Sub- division in the City of Dubuque, Iowa, have offered to the City of Dubuque, Iowa to make a gift of the portion of Lot 1 of Block 3 of Orchard Hills Subdivision in the City of Dubuque, Iowa: and WHEREAS, the Planning and Zoning Commission of the City of Dubuque, Iowa has recommend- ed the acceptance of said gift. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF CITY OF DUBUQUE, IOWA: Section 1. That the gift to the City of Dubuque, Iowa, by Robert. J. Shireman, Maxine F. Shireman, and Henry J. Kieffer and Gene- vieve A. Kieffer, owners of Or- chard Hills Subdivision of that portion of Lot 1 of Block 3 of Orchard Hills Subdivision and de- scribed as follows, to wit: Lot 2 of Lot 1 of Block 3 of Orchard Hills in the City of Dubuque, Iowa, according to the recorded plat thereof be and the same is hereby ac- cepted and the City Manager of City of Dubuque, Iowa, be and he is hereby authorized and em. powered to accept the Deed con- veying said property to the City of Dubuque, Iowa, and that upon acceptance of delivery of convey- ance, said property shall be desig- nated for park purposes and shall be under the jurisdiction of the Board of Park Commissioners in and for the. City of Dubuque, Iowa. Passed, adopted and approved this 6th day of July, A.D., 1964. Robert J. Horgan Mayor Richard Ludwig Peter J. Takos Eldon A. Pfohl James J. Kean Attest: Councilmen Leo F. Frommelt City Clerk Councilman Kean moved the adoption of the resolution. Second- ed by Councilman Takos. Carried by the following vote: Yeas—Mayor Horgan, Council. men Kean, Ludwig, Pfohl, Takos. Nays—None. June 26, 1964 To the Honorable Mayor and City Council Gentlemen: At the June 25, 1964 meeting, the Planning and Zoning Commis- sion took the following action: That the Final Plat of Block 9, Sunrise Heights in the City of Dubuque, Iowa as appears on the plat shown on Sheet I of 4 as hereby attached, be approved by the Dubuque Planning and Zoning Commission, and approval of said plat by the City Council of the City of Dubuque, Iowa is hereby recommended. Respectfully submitted, DUBUQUE CITY PLAN- NING AND ZONING COMMISSION Frank J. Glab, Secretary Mayor Horgan moved that the recommendation of the Commission be approved. Seconded by Council- man Takos. Carried by the follow- ing vote: Yeas—Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. RESOLUTION NO. 162-64 A RESOLUTION APPROVING THE PLAT OF BLOCK 9, SUNRISE HEIGHTS Whereas, there has been filed with the City Clerk a plat in which is platted Lots 1 to 20 of Block 9, Sunrise Heights, by Andrew J. Richard, as owner thereof, and said plat has been examined by the City Planning and Zoning Com- mission and approved; and upon said plat appear streets and also easements for public utilities which the owner upon said plat has dedi- cated to the public forever; and Whereas, said plat has been found by the City Council to con- form to the Statutes and Ordin- ances relating thereto, except for the completion of the improve- ments of curb and gutter, paving, sewer and water services, and side- walks to be installed in and along the streets; Now, Therefore Be 11 Resolved by the City Council of the City of Dubuque, Iowa: Section 1. That the dedication of the streets together with the easements for public utilities, as Regular Sesssion, July 6, hKA 25-5 the same appear upon said plat, are hereby accepted. Section 2. That the plat of the subdivision of the aforesaid lots, which will hereafter be known as Lots 1 to 20 of Block 9, Sunrise Heights, is hereby approved and the Mayor and City Clerk are here- by authorized and directed to en- dorse the approval of the City of Dubuque upon said plat, provided the owner of said property, herein before named, executes his written acceptance hereto attached, agree. ing: a. To reduce the streets to grade as shown by the profiles sub. mitted with the plat. b. To surface the streets with an eight inch rolled stone base, a 2W inch hot mixed, hot laid bituminous concrete surfacing, and to provide concrete curb and gutter in accordance with the City of Dubuque Standards. C. To provide concrete sidewalks on both sides of the streets and ad- jacent to the lots as required by City Ordinance. d. To install water mains in accord. ance with the plans submitted with the plat. e. To install sanitary and storm water sewers in accordance with the plans submitted with the plat. f. To install sanitary sewer and water house laterals from the mains to the property lines. 9. To constuct the foregoing im- provements in accordance with Willis and specifications approved by the City Manager and under the supervision of the City Engi- neer. h. To maintain the aforesaid im- provements for a period of four Years from the date of their ac- ceptance by the City. i. To provide the foregoing im. provements and maintenance at the expense of the owner. j• To complete said improvements andrior to furtherOctober 1, provided thatBS Andrew J. Richard, as owner of said sub- division, secure the performance of the foregoing conditions by pro- viding security in such sum and with such sureties as may be ac. ceptable to the City Manager. Section 3. That in the event that the said Andrew J. Richard shall fail to execute the acceptance and provide the security provided for in Section 2 hereof within 48 days from the date of this Resolution, the provisions hereof shall be null and void and the acceptance of the dedications and the approval of the plat shall not be effective. Passed, adopted and approved this 6(h day of July, 1964. Robert J. Horgan Mayor Richard Ludwig Peter J. Takos Eldon A. Pfohl James J. Kean Attest: Councilmen Leo F. Frommelt, City Clerk To Leo F. Frommelt, City Clerk: This is to certify that the secur. ity provided by the foregoing Reso- lution No. 162.64 has been furnish. ed by the owner. Dubuque, Iowa, July 13, 1964 Gilbert D. Chavenelle, City Manager ACCEPTANCE OF RESOLUTION NO. 162.64 The undersigned, Andrew J. Richard, having read the terms and conditions of the foregoing Resolution No. 162-64 and being familiar with the contents thereof, hereby accept the same and agree to perform the conditions required by them. Andrew J. Richard Councilman Takos moved the adoption of the resolution. Second. ed by Councilman Kean. Carried by the following vote: Yeas — Mayor Horgan, Council. men Kean, Ludwig, Pfohl, Takos. Nays—None. City Council July 1, 1964 City of Dubuque Dubuque, Iowa Gentlemen: Our corporation is very much interested in establishing a new Trus -joist production plant in the Dubuque area. We are very much impressed with the quality of your Industrial Park. Therefore, we would like to make a firm offer to purchase from you three acres of property in the In. dustrial Park for the amount of $9,000.00. Rcgrilar Sesssion, Jidy 6, 1984 I am enclosing a check for the amount of $500.00 as a binder on this offer. I understand that you will have a meeting on July 6 and would appreciate very much hear- ing from you on this decision at that time. Thank you very much. We are looking forward to many profitable years in the Dubuque area. Yours truly, TRUS-DEK CORPORATION Harold E. Thomas Councilman Takos moved that the communication be referred to the City Manager and City Solicitor and that proper proceedings be prepared and the City Clerk be authorized to publish notice of intent to dispose of interest in real estate. Seconded by Councilman Pfohl. Carried by the following vote: Yeas — Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. Honorable Mayor July 6. 1964 and City Council Gentlemen: Having met in advisory capacity and reviewed the negotiations be- tween the Dubuque Industrial Bu- reau, local lenders, the Dubuque Industrial Development Corpora- tion and certain city officials, with t h e Truss -Deck Corporation of Boise, Idaho, this body now rec- ommends that the City of Dubuque sell certain land in River Front Subdivision in Industrial Park to t h e Truss -Deck Corporation of Boise, Idaho, under the following conditions: 1. That three acres of Block 17, River Front Subdivision, in the City of Dubuque, be sold to the purchaser for the sum of $9,000. (plat attached) 2. Taht when the remaining 1.78 acres of Block 17 is offered for sale, the Truss -Deck Corporation, or its assignees, be given first opportunity to purchase said land, provided however, that said company can show need for the property under the same pro- visions affecting the first sale of land to Truss -Deck. 1. T h a t Truss -Deck Corporation agrees to complete construction of a building, meeting Building Code requirements, and Indus- trial District zoning require- ments, and commence manufac. turing operations w i t h i n six months. We understand that an offer to buy said land, together with a check for $500, to show good faith, will be deposited with the City Clerk of the City of Dubuque on or before July 6, 1964. Respectfully submitted, Mayor's Industrial Committee Robert Horgan, Mayor Don Mueller, Chairman, Dock Commission (absent) Joseph Voelker, Secretary of Dock Commission (in Chairman's absence) Robert Dorothy, Manager Dubuque Industrial Bureau Robert E. Dorothy, Acting Secy Councilman Takos moved that the communication be referred to the City Manager and City Solicitor with offer of purchase. Seconded by Councilman Pfohl. Carried by the following vote: Yeas — Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. RESOLUTION NO. 16364 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. Name Address Ellwood J. Gatton, 1598 Elm Street Merlin K. Abing, 408 West Locust Street Fred Ansel, 1100 Lincoln Avenue David L. O'Toole, 195 East 14th Street Milton Delaney, 1046 Central Ave- nue D. A. V. Club, 2600 Dodge Street Plaza 20 Thelma Mardauss, 410 West 8th Street Earl Miller, 1091 White Street Regidar Sesssion, July 6, 1964 257 ,John F. Mohr, 205 Locust Street Jack 11. Miller, 1075 Dodge Street m Street llerbert Bisping, 1401 El Chuck N. Wong. 378 Main Street Loraine Diener, 35 Locust Street Roger J. Bertsch, 310.312 M a i n Street BE IT FURTHER RESOLVED that the bonds filed with the ap- plication be approved. roved Passed, adopted and app this 6th day of July, 1964. Robert J. Horgan Mayor Richard Ludwig Peter J. Takos Eldon A. Pfohl James J. Kean Councilmen Attest: Leo F. Frommelt City Clerk Attest: Lco F. Frommelt City Clerk Councilman Kean m o v e d the adoption of the resolution. Second- ed by Councilman Ludwig. Carried by the following vote: Yeas — Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. Councilman Kean m o v e d the adoption of the resolution. Second- ed by Councilman Takos. Carried by the following vote: Yeas — Mayor Horgan, Council- men Kean, Ludwig, Pfohl. Takos. Nays—None. RESOLUTION NO. 164-64 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 tlue following applica- tions be granted and licenses be issued upon the compliance with the terms of the ordinances of the City. Name Address CLASS "B" BEER PERMIT Milton John Delaney, 1046 Central Avenue Mary Bahl, 253 Main Street Leo Grass, 1105 University Avenue Earl C. Miller, 1091 White Street CLASS "C" BEER PERMIT Fred Weiner, 1101 White Street Merlin K. Abing, 408 West Locust Street Louis O'Meara, 1655 Delhi Passed, adopted and approved this 6th day of July, 1964. Robert J. Horgan Mayor Richard Ludwig Peter J. Takos Eldon A. Pfohl James J. Kean Councilmen RESOLUTION NO. 165.64 WIiEREAS, 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. Name Address CLASS "B" BEER PERMIT Milton ,John Delaney. 1046 Central Avenue Mary Bahl, 253 Main Street I,eo Grass, 1105 University Avenue Earl C. Miller, 1091 White Street CLASS "C" BEER PERMIT Fred Weiner, 1101 Iowa Street Merlin K. Abing. 408 West Locust Street Louis O'Meara, 1655 Delhi BE IT FURTHER RESOLVED that the bonds filed by such ap- plicants be and same are hereby approved. Passed, adopted and approved this 6th day of July, 1964. Robert J. Horgan Mayor Richard Ludwig Peter J. Takos Eldon A. Pfohl ,fames J. Kean Councilmen Attest: Leo F. Frommelt City Clerk Councilman Kean m o v e d the adoption of the resolution. Second- ed by Councilman Pfohl. Carried by the following vote: Yeas — Mayor Morgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. 2 Regular Sesssion, July 6, 1964 TI RESOLUTION NO. I" WHEREAS, applications for Liq- our 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, Iowatat the following applications be granted 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. CLASS "C" COMMERCIAL Vernon L. Meyer, 530 East 22nd Street Creslanes Bowling, Inc.. 255 South Main Street Kenneth Jerome Love, 802 Iowa Street Navy Club, Ship #67, 469 Main Street Fay E. Miller, 1298 Main Street Cyril Meitl, 1555 Central Avenue Milton John Delaney, 1046 Central Avenue The American Legion, Dubuque post #6, 290 West. 4th Street Ellwood J. Gatton, 1598 Elm Street Cecil J. McMahon, 1564 Central Avenue Roger J. Bertsch, 326 Main Street Maryel Mildred Birkett, 1064 Uni- versity Avenue Ione Miller, 1322 Central Avenue CLASS "B" HOTEL Canfield hotel, Inc., 36 West 4th Street CLASS "A" CLUB Dubuque Metal Trades Council Club, 111 West 6th Street Benevolent and Protective Order of Elks #297, 7th & Locust Street Passed, adopted and approved this 6th day of July, 1964. Robert J. Horgan Mayor Richard Ludwig Peter J. Takos Eldon A. Pfohl James J. Kean Councilmen Attest: Leo F. Frommelt City Clerk RESOLD ON NO. 16764. WHEREAS, applications for Liq- uor Permits were filed by the within named applicants and they havt 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 the 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 ap- plicants a Liquor Permit. CLASS "C" COMMERCIAL Vernon L. Meyers, 530 East 22nd Street Creslanes Bowling, Inc., 255 South Main Street Kenneth Jerome Love, 802 Iowa Street Navy Club Ship #67, 469 Main Street Fay E. Miller, 1298 Main Street Cyril Meitl, 1555 Central Avenue Milton John Delaney, 1046 Central Avenue The American Legion, Dubuque Post #6, 290 West 4th Street Ellwood J. Gatton, 1598 Elm Street Cecil J. McMahon, 1564 Central Avenue Roger J. Bertsch, 326 Main Street Maryel M. Birkett, 1064 University Avenue Ione Miller, 1322 Central Avenue Councilman Kean moved the adoption of the resolution. Second- ed by Councilman Pfohl. Carried by the following vote: Yeas --Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays --None. CLASS "B" HOTEL Canfield Hotel, Inc., 36 West 4th Street CLASS "A" CLUB Dubuque Metal Trades Council Club, 111 West 6th Street Benevolent & Protective Order of Elks #297, 7th & Locust Street Passed, adopted and approved this 6th day of July, 1964. Robert J. Horgan Mayor Richard Ludwig Peter J. Takos Eldon A. Pfohl James J. Kean Councilmen Attest: Leo F. Frommelt City Clerk Councilman Kean moved the adoption of the resolution. Second - Regular Sesssion, July 6, 1964 _ 259 ed by councilman Pfohl- Carried by the following Yeasr men Keanean,, Ludwig. Pfohl, Takos. Nays—None. Mayor sgan nloved that pended in order he suspended rules he susto let anyone present address the by Councilman council Second. Takos. Carried ed ed hY by the following vote: Yeas—Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. Mr. Vincent Roling of 3280 Penn- sylvania Avenue addressed the Council objecting to various de- velopment operations abutting his property. There being no further business Mayor Horgan moved to adjourn. Seconded by Councilman Takos. Carried by the following vote: Yeas—Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. Leo F. Frommelt City Clerk. Approved N.O.V...e.m.be..r.....161964 ................... Adopted NP -ye Councilmen 946_ t -Y r..Z I.................................... I 4 I Ate Y ....................... Clt Clerk 260 Special Session, July 22, 1964 CITY COUNCHOFFICIAL Special Session, July 22, 1964. Council met at 7:30 P.M. (D.S.T.Present—Mayor Horgan, Councilmen Ludwig, Pfohl, Takos. City Manager Gilbert D. Chavenelle. Absent—Councilman Kean. Mayor Horgan read the call and stated that service thereof had been duly made and this meeting is called for the purpose of fixing date of hearing on the 1965 Budget Estimate and acting on any other business which may properly come before a regular meeting of the City Council. Communication of Park Board stating that at their meeting of July 8, 1964 a motion was made and adopted that it would not be feasible to move the Park office at this time, presented and read. Councilman Takos moved that the communication be received and filed. Seconded by Mayor Horgan. Carried by the following vote: Yeas—Mayor Horgan, Council. men Ludwig, Pfohl, Takos. Nays—None. Absent—Councilman Kean. Communication of Carnegie Stout Library submitting a pre- liminary cost schedule and re•questing the commitment of $18,. 000 for the construction of new or additional facilities, presented and read. Councilman Takos moved that the rules be suspended in order to let anyone present ad- dressthe Council if they so desire. Seconded by Mayor Horgan. Car. ried by the following vote: Yeas—Mayor Horgan, Council- men Ludwig, Pfohl, Takos. Nays—None. Absent—Councilman Kean. Rev. Karl G. Schroeder present- ed a plea for the construction of facilities based on the consultant's report. The Library Board is -look- ing for help to get going on a report and proposition to be even. tually submitted to the voters of the community. Mr. Dave Hammer stated that three firms of local architects have indicated their willingness to co- operate. The consultant's report is very comprehensive. It is their desire to do everything s as possible up to the time bond issue. Councilman Takos move .„at the request be granted and that $14,000 should come from the Liquor Sales Profit Fund and $2500. from the Library Unap• propriated reserve. Seconded by Mayor Horgan. Carried by the fol- lowing vote: Yeas—Mayor Horgan, Council. men Ludwig, Pfohl, Takos. Nays -None. Absent—Councilman Kean. Communication of Raymond Leitner of 2092 Garfield Avenue submitting an offer of $1500, plus costs of publication, for the pur• chase of Lot 2A Ham's Addn, (va- cated Stanton Street), presented and read. Councilman Takos moved that the offer be accepted and referred to the City Attorney for proper proceedings. Seconded by Mayor Horgan. Carried by the fol. lowing vote: Yeas—Mayor Horgan, Council. men Ludwig, Pfohl, Takos. Nays—None. Absent—Councilman Kean. Communication of Win. D. & Pauline L. Gross submitting an offer of $750., plus half cost of publication, for the purchase of Lot IA of T. McCraneys Addn. (part of vacated Marshall Street), presented and read. Councilman Takos moved that the offer be accepted and referred to the City Attorney for proper proceedings. Seconded by Mayor Horgan. Car- ried by the following vote: Yeas—Mayor Horgan, Council. men Ludwig, Pfohl, Takos. Nays—None. Absent—Councilman Kean. Communication of Mrs. Donald Jasper submitting an offer of $750., plus half of publication costs, for the purchase of Lot 2A of T. McCraney's Addn. (part of vacated Marshall street), presented and read. Councilman Takos moved that the offer be accepted and referred to the City Attorney for proper proceedings. Seconded by Mayor Horgan. Carried by the fol- lowing vote: Yeas—Mayor Horgan, Council- men Ludwig, Pfohl, Takos. Nays—None, Absent—Councilman Kean. Special Session, Jnly 22, 1964 261 July 22, 196 Honorable Mayor and Members of the City Council, Gentlemen: Attached hereto is the properl recorded plat of Lot IA of Ham' Addn. (Vacated Emerson St. which lies on the easterly sid of Garfield Avenue. It is my recommendation tha this lot now be sold on a sealed bid basis and that proper proceed ings be prepared to be presented at the Council meeting of August 3. 1964. Respectfully submitted. Gilbert D. Chavenelle City Manager Councilman Takos moved that the recommendation of the Man- ager be approved. Seconded by Mayor Horgan. Carried by the fol. lowing vote: Yeas—Mayor Horgan, Council- men Ludwig, Pfohl, Takos. Nays—None. Absent—Councilman Kean. July 22, 1964 To the Honorable Mayor and City Council Gentlemen: This note is to inform you that the purchase of the Fuhrman prop• erty at Ninth and Central was completed by the City Solicitor on July 19th. The balance due the former owners has been paid by the City. The tenants have been notified of the change in ownership and collection of rents has been ar- ranged. Insurance coverage of the building has been established on an interim basis pending the final details of coverage. Respectfully submitted, Gilbert D. Chavenelle i Cit)' Manager Councilman Takos "loved that the communication be received I and filed. Seconded by Council- man Pfohl. Carried by the follow- ing vote: Yeas—Mayor Horgan. council- men Ludwig, Pfohl, Takos. Nays—None. Absent—Councilman Kean. July 15, 1964 To the Honorable Mayor and City Council Gentlemen: I am enclosing a resolution forthe I extensions within ance of r ithin he Cityrofrl)u- 4 I buque which will extend the auvement with the State Highway Commission through June 30th, 1969. y City Engineer White, Street s Commissioner Allen and myself interviewed Mr. Balcom, the High - e way District Maintenance Engi- neer, about the agreement. As a t result of this discussion. I recom- mend the passage of the resolu. tion. I am enclosing a letter from Mr. Balcom, dated July 10th, which describes the maintenance agree- ment. Respectfully submitted, Gilbert D. Chavenelle City Manager Councilman Takos moved ap- proval of the recommendation. Seconded by Mayor Horgan, Car- ried by the following vote: Yeas—Mayor Horgan, Council. men Ludwig, Pfohl, Takos. Nays—None. Absent—Councilman Kean. Dubuque Count% RESOLUTION MAINTENANCE OF PRIMARY ROAD EXTENSIONS Cities Population 2,500 and above BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, 1. That pursuant to the provisions Of Sections 308A.14, 313.21 and 313.36, as amended, of the Code Of 1950, we hereby approve and consent to the maintenance of all primary road extensions within said city of Dubuque by the State Highway Commission, as hereinafter set forth. 2. That the approval and consent herein given for the mainte- nance of said primary road extensions within the city of Dubuque is based on the assump- tion and understanding that said maintenance to be done by the State Highway Commission will be paid for by the State lligh- way Commission out of the pri- mary road fund, and that no charge will be made against the city of Dubuque on account of such maintenance by the State Highway Commission on the said primary road extensions within the said city of Dubuque. 3. That the maintenance to be done by the. State Highway Commis. 262 Special Session, July 22, 1964 — sion on the primary road exten- sions within the city of Dubuque shall include the usual surface maintenance, roadbed repairs, repairs to bridges, culverts and guard rail, and other mainte- nance usually performed on pri- mary roads outside of cities and towns. That on streets or por- tions of streets which are curbed, the maintenance, except snow removal, shall extend from curb to curb. That the mainte- nance of such primary road ex- tensions shall include plowing the snow from the full width of the pavement or other surfac- ing, provided that if the pave- ment or other surfacing is more than thirty feet in width, then the Highway Commission will plow the snow from a traveled way only about thirty feet in width. 4. That the maintenance of such primary road extensions by the Highway Commission shall not include (a) The loading and hauling away of snow which is plowed off to the side of the traveled portion of the roadway. (b) The sprinkling of the streets. (c) The sweeping of the streets. (d) The maintenance or repair of any sewers, water pipes or other services under the trav- eled surface of the roadway or any costs incident thereto. 5. That this resolution and the terms thereof shall become ef- fective upon the approval and acceptance thereof by the Iowa State Highway Commission and shall be in effect until July I. 1969, except that the resolution may be rescinded by the city at the end of any fiscal year, ending July 1st. Resolution approved and adopt- ed by the city council of the city of Dubuque, Iowa, this 22nd day of July, 1964. Robert J. Horgan Mayor Attest: I.eo F. Frommelt Clerk Resolution approved and accept ed by the Iowa State Highway Commission on the 12 day of An gust, 1964. F. A. Smiley, Maint. F.ngr. July 14, To the Honorable Mayor and City Council Gentlemen: I ask your confirmation of the appointment of Mr. John E. Brown as mechanical engineer member of the Board of Heating, Ventilating, Air -Conditioning and Refrigera- tion. Mr. Brown will fill the vacancy caused by the death of Mr. John Glasgow for the unexpired term of office to March 16, 1965. The Heating, Ventilating, Air - Conditioning and Refrigeration Code of the city stipulates that one of the board members shall be a mechanical engineer regis- tered in the State of Iowa, and that each board member shall be a citizen of the City of Dubuque for at least five years. Since Mr. Brown is a mechanical engineer registered in the State of Iowa, but has been a resident of the city for only a few weeks. I request that you waive the five year residence qualification in the case of Mr. Brown. Respectfully submitted, Gilbert D. Chavenelle City Manager Councilman Ludwig moved approval of the Manager's recom- mendation. Seconded by Council- man Pfohl. Carried by the follow- ing vote: Yeas—Mayor Horgan, Council- men Ludwig, Pfohl, Takos. Nays—None. Absent --Councilman Kean. July 14, 1964 To the Honorable Mayor and City Council Gentlemen: I request permission to attend the 50th Annual Conference of the International City Managers' Association to be held is Chicago on September 27th to October lot. I believe that this conference will be a productive and beneficial one. The major topics and prob- lems to be discussed include: Pro- gramming Future Service Needs, Co-ordinating Programs and City Development, Management Em- ployee Relations and Council and City Manager Relations. Three important sessions of the conference will be devoted to: Special Session, July 22, 1961 263 1. Financing of Urban Services 2. Measuring a City's Economic Potential 3. Prospects for Economic Growth Thank you for considering this matter. Respectfully submitted, Gilbert 1). Chavenelle City Manager Councilman Takos moved that the Manager's request be granted. Seconded by Mayor Horgan. Car- ried by the following vote: Yeas—Mayor Horgan, Council- men Ludwig, Pfohl. Takos. ?Jays—None. Absent --Councilman Kean. July 15, 19164 To the Honorable Mayor and City Council Gentlemen: I hereby submit the report of O'Connor, Brooks, Ahrendt and Brooks, Certified Public Account. ants, concerning the examination of the accounts of the city for the period January 1, 1963 through December 31, 1963. Respectfully submitted, Gilbert D. Chavenelle City Manager Councilman Takos moved that the report be received and filed. Seconded by Mayor Horgan. Car. ried by the following vote: Yeas --Mayor Horgan, Council- men Ludwig, Pfohl, Takos. Nays—None. Absent—Councilman Kean. Jul20, To the Honorable Mayor 1964 and City Council Gentlemen: I herewith submit reports of the City Auditor, City Treasurer, City Health Department and City Water Works for the month of June, as well as a list of claims and pay. Will for which warrants were is. sued for the month of June, 1964. Respectfully submitted. Gilbert D. Chavenelle City Manager Mayor Horgan moved that the reports be received and filed. Sec- onded by Councilman Pfohl, Car- ried by the following vote: Yea$—Mayor Horgan, Council- men Ludwig, Pfohl, Takos. Nays—None. Absent—Councilman Kean. i Proof of Publication, certified to by the Publisher, of Statement of Receipts and a list of claims for which warrants were issued during the month of June 1964, presented and read. Mayor Iforgan moved that the proof of publication he received and filed. Seconded by Councilman Ludwig. Carried by the following vote: Yeas—Mayor Horgan, Council. men Ludwig, Pfohl, Takos. Nays—None. Absent—Councilman Kean. July 20, 19664 To the Honorable Mayor and City Council Gentlemen: I am enclosing a letter dated July 16th received from County Attorney Robert W. Burns. The letter contained a copy of a July 9th opinion of the State Attorney General Evan Hultman. The opinion is favorable making it possible for the County to trans- fer funds to the County -City Building Authority. I have been informed that the County will transfer to the Author- ity, in the next few days, an initial sum of $5,000, and about the mid. dle of November, will transfer the balance of $7,500. As soon as the County authorities make these transfers, I will also transfer city funds in like amount to the Au. t hority. Respectfully submitted, Gilbert D. Chavenelle City Manager Mayor Horgan moved that the communication be received and filed. Seconded by Councilman Takos. Carried by the following vote: Yeas—Mayor Horgan, Council. men Ludwig, Pfohl, Takos. Nays—None. Absent—Councilman Kean. July 20, 1964 To the Honorable Mayor and City Council Gentlemen: I am forwarding to you a peti. tion concerned with the removal of horseshoe courts at Flora Park. 1 discussed this matter with the Park Superintendent and he has reported that the Park Board has no intention of removing the horseshoe courts. 264 Special Session. July 22, 1964 The horseshoe courts are located I I have made an investigation of to the east of the present tennis this matter and find no actionable courts. It is proposed to construct negligence on the part of the new tennis courts to the west of City of Dubuque and therefore the present courts, thereby in no recommend denial of said claim. way interfering with the horseshoe Original claim is attached here. I pits. to. Respectfully submitted. Gilbert D. Chavenelle City Manager Mayor Horgan moved that the communication be received and filed and a copy of same be sent to some of the petitioners as mat- ter of information. Seconded by Councilman Takos. Carried by the following vote: Yeas—Mayor Horgan, Council- men Ludwig, Pfohl, rakos. Nays—None. Absent—Councilman Kean. July 9, 1964 Hon. Mayor & City Council Re: Mrs. Barbara Rupp Gentlemen: On February 19, 1964, Mrs. Barbara Rupp, 2491 Jackson Street, Dubuque, Iowa, filed claim against the City of Dubuque, for injuries allegedly suffered as a result of a fall on the sidewalk at Thomp- son's Market, 250 W. 1st St., alleg- ing an icy sidewalk thereat. I have made an investigation of this matter and find no action- able negligence on the part of the City of Dubuque and therefore recommend denial of said claim. Original claim is attached hereto. Respectfully submitted, R. N. Russo City Attorney Mayor Horgan moved that the recommendation of the City Attor- ney be approved. Seconded by Councilman Takos. Carried by the following vote: Yeas—Mayor Horgan, Council- men Ludwig, Pfohl, Takos. Nays—None. Absent—Councilman Kean. July 9, 1964 lion. Mayor & City Council Gentlemen: Re: Leta Mae Crozier On March 6, 1964, Leta Mae Crozier, 1696 Washington St., Du- buque, Iowa, filed claim against the City of Dubuque, for injuries allegedly suffered as a result of tripping on street at the intersec. tion of Main and Eighth Streets, j alleging something on the street. I Respectfully submitted, R. N. Russo City Attoraey Mayor Horgan moved that the recommendation of the City At- torney by approved. Seconded by Councilman Takos. Carried by the following vote: Yeas—Mayor Horgan, Council. men Ludwig, Pfohl, Takos. Nays—None. Absent—Councilman Kean. July 9, 1964 Hon. Mayor & City Council Gentlemen: Re: Donald A. Bauer On September 27, 1963, Donald A. Bauer of 2555 Viola, Dubuque, Iowa, filed claim against City of Dubuque claiming damages to his motor vehicle as a result of an allegedly defective, broken and jagged curb on the south side of 5th Street near the alley. The claimant has made an offer of settlement in the amount of $27.00. I have made an investiga- tion of this matter and it is the recommendation of the Nty At- torney that said offer be accepted and the City Auditor be directed to draw a warrant in the amount of $27.00 payable to Donald A. Bauer and Nathalie M. Bauer, and deliver the same upon receipt of a duly executed release. Original claim is attached here- to. Respectfully submitted, R. N. Russo City Attorney Mayor Horgan moved that the recommendation of the City At- torney be approved and the Audi- tor instructed to draw proper war- rant. Seconded by Councilman Takos. Carried by the following vote: Yeas—Mayor Horgan, Council- men Ludwig, Pfohl, Takos. Nays—None. Absent—Councilman Kean. Notice of claim of Della L. Miller, in the amount of $750., for Personal property damage as the result of the overflow of a sewer Special Session, July 22. 1964 265 on July 7th and 22nd, presented and read. Councilman Takos moved that the notice of claim be referred to the City Solicitor for investiga- tion and report. Seconded by Councilman Pfohl. carried by the following vote: Yeas—Mayor Horgan, Council- men Ludwig, Pfohl. Takos. Nava—None. Absent—Councilman Kean. Notice of claim of EdwardJ. Herting, in the amount of $21.27, for car damage incurred as the result of striking a hole in the street at 3450 Dv e d Street n June red. 211, 1964, Pr Councilman Takos moved that the notice of claim be referred to the City Solicitor for investigation and report. Seconded by Councilman Pfohl. Carried by the following vote. Yeas—Mayor Horgan, Council- men Ludwig, Pfohl, Takos. Nays—None. Absent—Councilman Kean Notice of claim of Milton S. Boyes, in the amount of $7.50, for car damage incurred as the result of striking a chuckhole in the alley between Summit do Gilmore streets on July 15, 1964, presented and read. Councilman Takos moved that the notice of claim be referred to the City Solicitor for investiga- tion and report. Seconded by Councilman Pfohl. Carried by the following vote: Yeas—Mayor Horgan, Council. men Ludwig, Pfohl, Takos. Nays—None. Absent—Councilman Kean. Councilman Pfohl moved that the recommendation of the City Manager be approved. Seconded by Councilman Takos. Carried by the following vote: Yeas—Mayor Horgan, Council- men Ludwig, Pfohl. Takos. Nays—None. Absent --Councilman Kean. ORDINANCE NO. 2864 An Ordinance Authorizing Du- buque Screw Products Inc. to Construct a Loading Dock in the alley presented and read. Councilman Pfohl moved that the reading just had be. considered the first reading of the Ordinance. Seconded by Councilman Takos. Carried by the following vote: Yeas—Mayor Horgan, Council- men Ludwig, Pfohl, Takos. Nays—None. Absent—Councilman Kean. Councilman Pfohl moved that the rule be suspended requiring an Ordinance to be read on three separate days. Seconded by Coun- cilman Takos. Carried by the fol- lowing vote: Yeas—Mayor Horgan, Council- men Ludwig, Pfohl, Takos. Nays—None. Absent—Councilman Kean. July 21. 1964 To the Honorable Mayor and City Council Gentlemen: The petition of Dubuque Screw Products Co., 163 Main Street re- questing permission to erect a loading dock at the rear of their building has been examined by the various departments. The dock should alleviate a bad truck unloading condition in this alley and facilitate the moving of traff ic. I recommend that petition be granted. Respectfully submitted, Gilbert D. Chavenelle, City Manager ORDINANCE NO. 29.64 AN ORDINANCE AUTHORIZING DU- BUQUE SCREW PRODUCTS INC. TO CONSTRUCT A LOADING DOCK IN THE ALLEY. BE CIIT L OA CITY THE ITY COUN- FTHEDUBUQUE. IOWA: Section 1. That Dubuque Screw Prod- ucts, Inc. as owns" of the premises oto Duas buque 3 Iowa be, and the ey Care hereby authorized and granted the right and authority to construct and maintain a loading dock in the alley terms end condsitd promises setforth din �+ Ordinance. Section 2. That such construction shall be done in accordance with the following specifications: (A) The dock will be approxUnately 14 feet lung• than The dock witi four (4) feet ntoothe x&Heymore . (C) The surfapcing n the alley, if damaged of said dock, will blaced ye re laced. (D) The dock will be constructed in accordance to all applicable state and federal laws and regulations and ordi. nances of the City of Dubuque. Section 3. That the permission herein grunte ib expressly pr sl eo nditioned on per. lutte (A) Assume any and all liability for dumageb lu pc:rewns ur property which ay result from the construction or mamotenance of said loading dock. 266 Special Session, July 22, 1964 IR) To pay on behalf of the City o, Dubuque all sums which the City of Dubuque shall become obligated to pal by reason of the liability imposed upor the City of Dubuque for damages of any kind resulting from the construe tion or maintenance of said loadinx dock, sustained by any person or per sons, caused by accident or otherwise to defend at Its own expense and or behalf of said City an), claim against the City of Dubuque arising out of the construction or maintenance of said loading dock. Section 4. That the permission herein granted is expressly conditioned upon permittees further agreement that should the right and privilege herein granted be rescinded or revoked by the City Council, permittees or their successors in interest, as owners of the abutting property, shall within thirty (30) days after receipt of written notice from the City Manager, so to do, at their own expense, remove said load. ing dock, and In the event of their failure so to do, the City of Dubuque shall be authorized to remove said load. Ing dock at permittees expense and dispose of the same, and the permittees shall have no claim against the city or its agents for damages resulting from the removal of said loading dock. Section 5. This Ordinance shall be. come effective and the rights here- under accrue to Dubuque Screw Prod- ucts, Inc. when this Ordinance has been adopted by the City Council and the terms and conditions thereof ac- cepted by permittees by acceptance en. dorsed on this Ordinance. Passed, adopted and approved this 22nd day of July, A. D., 1964. Robert J. Horgan Mayor Richard Ludwig Peter J. Takos Eldon A. Pfohl Councilmen Attest: Leo F. Frommelt City Clerk ACCEPTANCE OF ORDINANCE NO. 2844 The undersigned having read and be Ing familiar with the terms and condi- tions of Ordinance No. 28-64 hereby, for themselves, their successors or as- signs, as owners of the abutting prop- erty, accept the same and agree to be bound by the conditions and agree. ments therein contained to be per- formed by permittees. Dated July 22, 1964, DUBUQUE SCREW PRODUCTS, INC. By Omer K. Leeser, President By Robert H. Scherr, Secretary Published officially in The Telegraph. Herald Newspaper this 27th day of July 1964. Leo F. Frommelt It. 7.2T. City Clerk Councilman Pfohl moved the final adoption of the Ordinance. Seconded by Councilman Takos. Carried by the following vote: Yeas—Mayor Horgan, Council- men Ludwig, Pfohl, Takos. Nays—None. Absent—Councilman Kean. Petition of Rosheks requesting permission to hold giant -balloon Christmas parade on Saturday, No- vember 14, 1964 at 10:30 A.M., pre- sented and read. Councilman Pfohl moved that the request be referred to the Mayor and City Manager. Seconded by Councilman Takos. Carried by the following vote: Yeas—Mayor Horgan, Council. men Ludwig, Pfohl, Takos. Nays—None. Absent—Councilman Kean. Petition of Mr. & Mrs. Ray J. Schmit et al requesting the instal. lation of sanitary sewer on Mont. crest from Woodworth to Hemp. stead, presented and read. Mayor Horgan moved that the petition be referred to the City Manager and Engineering Department. Sec- onded by Councilman Takos. Car- ried by the following vote: Yeas—Mayor Horgan, Council- men Ludwig, Pfohl, Takos. Nays—None. Absent—Councilman Kean. Petition of Albert A. Bisanz et al requesting permission to exca. vate in North Glen Oak to install sewer and water, presented and read. Councilman Takos moved that the petition be granted. Sec- onded by Mayor Horgan. Carried by the following vote: Yeas—Mayor Horgan, Council. men Ludwig, Pfohl, Takos. Nays—None. Absent—Councilman Kean. Petition of Peoples Natural Gas requesting permission to excavate in Fulton Street between Monroe & King Street, presented and read. Councilman Takos moved that the petition be granted. Seconded by Mayor Horgan. Carried by the fol- lowing vote: Yeas—Mayor Horgan, Council- men Ludwig, Pfohl, Takos. Nays—None. Absent—Councilman Kean. Petition of Peoples Natural Gas requesting permission to excavate in Cherry Street between Finley & Pennsylvania Avenue, presented and read. Councilman Takos moved that the petition be granted. Sec- onded by Mayor Horgan. Carried by the following vote: Yeas—Mayor Horgan, Council- men Ludwig, Pfohl, Takos. Nays—None. Absent—Councilman Kean. Petition of Loran College request- ing permission to excavate W. 17th Special Session, July 22, 1964 267 Street to repair a water leak, pre- sented and read. Councilman Takos moved that the petition be granted. Seconded by Mayor Horgan. Carried by the following vote: Yeas—Mayor Horgan, Council- men Ludwig, Pfohl. Takos. Nays—None. Absent—Councilman Kean. Agreement for vacation of plat of the Subdivision of Lot 3 of Block 2 of St. George's Subdivision de- clared vacated as submitted by Eldon T. Herrig et al for the pur- pose of extinguishing the HY utili- ties easement, presented and read. Councilman Takos moved that the agreement be approved. Sec- onded by Mayor Horgan. Carried by the following vote: Yeas—Mayor Horgan, Council- men Ludwig, Pfohl, Takos. Nays—None. Absent --Councilman Kean. RESOLUTION NO. 170-64 WHEREAS, all of the property owners of the lots in St. George Subdivision in the City of Dubuque, Iowa, have filed with the City Clerk of the City of Dubuque, Iowa, an agreement for vacation of the plat dated December 14, 1962, filed De- cember 14, 1962, in the office of the Recorder of Dubuque County, Iowa, in Book of Plats No. 28, Page 393; and WHEREAS, they desire to vacate said plat for the purpose of ex- tinguishing the 10' utilities ease- ment shown thereon; and WHEREAS, the public utility companies entitled to use said ease- ment have consented to said vaca- tion; and WHEREAS, Code Sections 409.18 and 409.19 of the 1962 Code of Iowa provide for the vacation of Plats in this manner; NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That said agreement for vacation of the plat dated December 14, 1962, filed December 14, 1962, in the Office of the Recorder of Du- buque County, Iowa, in Book of Plats No. 28, Page 393, be the same is hereby approved, and the Mayor and Clerk are hereby authorized and directed to endorse the ap. proval of the City of Dubuque up• on said agreement for vacation of said plat and to sign the consent attached to said agreement on be- half of the City of Dubuque, Iowa. Passed, adopted and approved by the recorded roll call vote this 22 day of July, 1964. Robert J. Horgan Mayor Richard Ludwig Peter J. Takos Eldon A. Pfohl Councilmen AAtest: Leo F. Frommelt City Clerk Mayor Horgan moved the adop- tion of the resolution. Seconded by Councilman Takos. Carried by the following vote: Yeas—Mayor Horgan, Council- men Ludwig, Pfohl, Takos. Nays—None. Absent—Councilman Kean. RESOLUTION NO. 171-64 WHEREAS, the City Manager has submitted a BUDGET ESTIMATE as provided in Chapter 24 of the 1962 Code of Iowa and the City Council had duly considered and caused to be prepared the Budget Estimate of expenditures for the fiscal year beginning January 1, 1965 and ending December 31, 1965, as a basis for the tax levy for the year 1.964, the same to be col- lected in the year 1965 and said budget having been duly approved by it. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE: That said budget estimate be and the same is hereby ordered filed in the office of the City Clerk of the City of Dubuque and the date of public hearing thereon is here- by fixed as the 10th day of August, 1964 at 7:30 o'clock P.M. Daylight Saving Time in the Council Cham- ber at the City Hall. BE IT FURTHER RESOLVED that said Clerk be and he is here- by directed to cause said budget estimate of expenditures to be pub. lished in the official newspaper of the City of Dubuque and the offi- cial notice to be given of the time and place, when and where said Budget Estimate will be considered by said Council for final adoption, at which time and place taxpayers will be heard for or against said estimate, said publication to be not 268 special session, July 2-2, 1964 less than ten (10) days before saic date of hearing. Passed, adopted and approvec this 22nd day of July, 1964. Robert J .Horgan Mayor Richard Ludwig Peter J. Takos Eldon A. Pfohl Councilmen Attest: Leo F. Frommelt City Clerk Councilman Takos moved the adoption of the resolution. Sec- onded by Councilman Pfohl. Car- ried by the following vote: Yeas—Mayor Horgan, Council- men Ludwig, Pfohl, Takos. Nays—None. Absent—Councilman Kean. RESOLUTION NO. 17264 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 Gus Bogas......................500 Main St. Leo B. Grass .... 1105 University Ave. BE IT FURTHER RESOLVED that the bonds filed with the ap- plication be approved. Passed, adopted and approvers this 22nd day of July, 1964. Robert J. Horgan Mayor Richard Ludwig Peter J. Takos Eldon A. Pohl Councilmen Attest: Leo F. Frommelt City Clerk Mayor Horgan moved the adop- tion of the resolution. Seconded by Councilman Takos. Carried by the following vote: Yeas—Mayor Horgan, Council. men Ludwig, Pfohl, Takos. Nays—None. Absent—Councilman Kean. RESOLUTION NO. 17364 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 Council of the City of Dubu Iowa, that the following spy tions be granted and license sued upon the compliance with terms of the ordinances of the i Name Addre CLASS "B" BEER PERMI' Joseph F -Costa .......... 1091 Mail Passed, adopted and appri this 22nd day of July, 1964. Robert J. Horgan Mayor Richard Ludwig Peter J. Takos Eldon A. Pohl Councilm Attest: Leo F. Frommelt City Clerk Mayor Horgan moved the adop- tion of the resolution. Seconded by Councilman Takos. Carried by the following vote: Yeas—Mayor Horgan, Council. men Ludwig, Pfohl, Takos. Nays—None, Absent—Councilman Kean. RESOLUTION NO. 17464 WHEREAS, application for Beer Permits were filed by the within named applicants and they have re- ceived the approval of this Coun- cil; and WHEREAS, the premises to be occupied by such applicants were inspected and found to comply with the ordinances of this City and they have filed proper bonds: NOW THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the Manager be and he is hereby di- rected to issue to the following named applicants a Beer Permit. Name Address CLASS "B" BEER PERMIT Joseph F. Costa .......... 1091 Main St. BE IT FURTHER RESOLVED that the bonds filed by such appli- cants be and the same are hereby approved. Passed, adopted and approved this 22nd day of July, 1964. Robert J. Horgan Mayor Richard Ludwig Peter J. Takos Eldon A. Pohl Councilmen Attest: Leo F. Frommelt City Clerk Special Session, July 22, 1964 269 Mayor Horgan moved the adop. tion of the resolution. Seconded by Councilman Takos. Carried by the following vote: Yeas—Mayor Horgan, Council- men Ludwig, Pfohl, Takos. Nays—None. Absent—Councilman Kean. COUNCIL RECESSED AT 8:20 P.M. RECONVENED AT 8:30 P.M. Mayor Horgan moved that Mr. Frank Glab and Mr. Earl Bush be re -appointed to the Planning and zoning Commission oolfoorr to five year y 24, term from May 1969 and Mrs. Wilbur Dalzell, John Petrakis, Gerald McAleece, Rev. Lawrence Guter, Harold Sweet, Mrs. Kay Wright, Gilbert D. Cha- venelle be re -appointed to the Rec- reation Commission for three year terms from July 51 1964 to July 5, 1967. Seconded by Councilman Takos. Carried by the following vote: Yeas—Mayor Horgan, Council- men Ludwig, Pfohl, Takos. Nays—None. Absent—Councilman Kean. There being no further business Councilman Takos moved to ad. journ. Seconded by Mayor Horgan. Carried by the following vote: Yeas—Mayor Horgan, Council- men Ludwig, Pfohl, Takos. Nays—None. Absent—Councilman Kean. Leo F. Frommelt City Clerk November 1 4. Approved................................ Adopted NOVem 1 .................................... ttest: . ..... ........................... / City Clerk Regular Session, August 3, 1964 271 CITY COUNCIL OFFICIAL Regular Session, August 3, 1964. Council met at 7:30 P.M. (D.S.T.) Present—Mayor Horgan, Council- men Ludwig, Pfohl. City Manager Gilbert D. Chavenelle. Absent — Councilman Kean. Absent at roll call Councilman Takos. Mayor Horgan read the call and stated that service thereof had been duly made and this is the Regular Monthly Meeting of the City Council for the purpose of act- ing upon such business as may properly come before the meeting. Communication of Dubuque County Historical Society approv- ing the removal of the Log Cabin to the Ham House property. Mayor Horgan moved that the communi- cation be received and filed. Sec- onded by Councilman Pfohl. Car- ried by the following vote: Yeas—Mayor Horgan, Council- men Ludwig, Pfohl. Absent—Councilmen Kean, Tak- os. Communication of Playground & Recreation Commission requesting a meeting with the City Council for the purpose of discussing fu- ture municipal golf course fazil- ities, presented and read. M•kyor Horgan moved that the communi- cation be referred to the Council and Manager. Seconded by Council- man Pfohl. Carried by the follow- ing vote: Yeas --Mayor Horgan, Council- men Ludwig, Pfohl. Absent—Councilmen Kean, Tak- os. COUNCILMAN TAKOS ENTER- ED THE COUNCIL CHAMBER AT 7:35 PAL August 3, 1964 To the Honorable Mayor and City Council Gentlemen: This is to advise that l have ap- proved the following bonds and Policy and desire to have your approval on sAme for filing, sub- ject to the approval of the City Solicitor: EXCAVATION Fischer and Company, Inc., Policy No. CL 873111, Bituminous Cas- ualty Corp. SIDEWALK Arthur W►therall, The Aetna Cas- ualty & Surety Co. Charles Bauer, Western Surety Company John R. Altman, Western Surety Company Respectfully submitted, Gilbert D. Chavenelle, City Manager Mayor Horgan moved the ap- proval of the filing of bonds and policies subject to the approval of the City Solicitor. Seconded by Councilman Pfohl. Carried by the following vote: Yeas—Mayor Horgan, Council- men Ludwig, Pfohl, Takos. Nays—None. Absent—Councilman Kean. August 3, 1964 To the Honorable Mayor and City Council Gentlemen: On Thursday, July 30th, repre- sentatives of the city and county met with C. B. Anderson and Van R. Snyder of the State Highway Commission and R. W. Selzer Of the Bureau of Public Roads to dis- cuss the organization and further- ing of Transportation Planning for the Dubuque Area. It was determined at this meet- ing that there should be a Co-ordi- nating Committee to determine the work to be undertaken, review it and co-ordinate the work with oth- er programs and agencies in the city, county and state. The member- ship of the committee is to consist of: 1. A councilman of the City of Dubuque. 2. A supervisor of the County of Dubuque. 3. The district engineer, Iowa State highway Commission. 4. A representative (ex -officio) Federal Bureau of Roads. It is requested that the City Council appoint a councilman as a member of the Co-ordinating Committee, Transportation Plan- ning Program, Dubuque Area. Thursday, 10:30 A.M. August 27th, has been tentatively selected as the meeting dateof the Co-ordi- nating Committee. The meeting will be in the Council Chambers. The purpose will be to explain the program, organize the Committee and to review a report of the status of transportation plans. 372 Mr. Selzer will show a motion picture which describes the Trans- portation Program. The entire City Council and Board of Supervisors are invited to attend the meeting. Will you re- serve the August 27th date and plan to attend? I am enclosing a copy of the minutes of the July 30th meeting and a copy of a "check list" which will be used as a guide to conduct the planning review. Respectfully. Gilbert D. Chavenelle City Manager Mayor Horgan moved that the communication be referred to the Council. Seconded by Councilman Takos. Carried by the following vote: Yeas — Mayor Horgan, Council- men Ludwig, Pfohl. Takos. Nays—None. Absent—Councilman Kean. August 3, 1964 The Honorable Mayor and Members of the City Council Gentlemen: In accordance with the provi- sions of Chapter 365 of the 1962 Code of Iowa, the Civil Service Commission conducted examina- tions on July 31, 1964 for those seeking positions as PUBLIC HEALTH NURSE. The following are the names of those who passed the written ex- aminations and their names are hereby certified. Glenann M. Slade ...... ....83.30% Jean A. Wiedemann ...... 80.5 % Mrs. Mary E. Welsh .... 74.3 % Frances H. Kringle...... 72.1 % Respectfully submitted, A. G. Wright Gerard B. Noonan Louis J. Lagen Members of the Civil Service Commission Attest: Leo F. Frommelt, City Clerk Subscribed and sworn to before me this 3rd day of August 1964. Eugene J. Berens (Notarial Seal) Notary Public Mayor Morgan moved that the list be received and made a matter of record. Seconded by Council- man Takos. Carried by the follow- ing vote: ljvgular Session, August 3, 1964 Yeas—Mayor Horgan, Coun men Ludwig, Pfohl, Takos. Nays --None. Absent—Councilman Kean. August 3, 11 The Honorable Mayor and Members of the City Council Gentlemen: In accordance with the pri cions of Chapter 365 of the 11 Code of Iowa, the Civil Sery Commission conducted examina- tions on July 31, 1964, for those seeking positions as CLLRK STE- NOGRAPHER. The following are the names of those who passed the written ex- aminations and their names are hereby certified. Carmella A. Reichel ..............95.2% (raw score) Janann M. Markham ............94.88% (raw score) Leone E. Daugherty .............. 93.0% (raw score) Patricia K. Strane ..................91.6% (raw score) Respectfully submitted, A. G. Wright Gerard P. Noonan Louis J. Lagen Members of the Civil Service Commission Attest: Leo F. Frommelt Clerk Subscribed and sworn to before me this 3rd day of August 1964. (Notarial Seal) Eugene J. Berens Notary Public Councilman Takos moved that the list be received and made a matter of record. Seconded by Ma- yor Horgan. Carried by the follow- ing vote: Yeas — Mayor Horgan, Council- men Ludwig, Pfohl, Takos. Nays—None. Absent—Councilman Kean. July 22, 1964 Honorable Mayor and Citv Council Re: George Zillig Gentlemen: On September 20, 1962, George Zillig of 240 N. Grandview Ave., Dubuque, Iowa, filed claim against the City of Dubuque alleging a sewerage in basement as a result of a clogged sewer, in the amount of $20.50. I have made an investigation of this matter and referred it to the appropriate City agency who has Regular Session, August 3, 1964273 denied said claim and I theref,)re Original claim is attached here - recommend denial of same. to. Original claim is attached here- Respectfully Nubmitted, R. C't Att Respectfully submitted, R. N. Russo City Attorney Councilman Takos moved that the recommendation of the City Attorney be approved. Seconded by Mayor Horgan. Carried by the following vote: Yeas—Mayor Horgan, Council- men Ludwig, Pfohl, Takos. Nays—None. Absent—Councilman Kean. July 22. 1964 Honorable Mayor and City Council Re: Alvina Duschen Gentlemen: On December 26, 1963, Alvin Duschen of 703 Sinsinawa Avenue, East Dubuque, Illinois, filed a claim for damages in an unspeci- fied amount as a result of a fall at 7th Street in the City of Du- buque, Iowa, on October 28, 1963, alleging defective sidewalk there- at. I have made an investigation of this matter and find no actionable negligence on the part of the City and therefore recommend denial of said claim. Original claim is attached here- to. Respectfully submitted, R. N. Russo, City Attorney Councilman Takos moved that the recommendation of the City Attorney be approved. Seconded by Mayor Horgan. Carried by the following vote: Yeas—Mayor Horgan, Ct unc:l- men Ludwig, Pfohl, Takos. Nays—None. Absent—Councilman Kean. July 22, 1964 Honorable Mayor and City Council Ile: Merlin Bechen On June 14, 1963, Merlin Bech- en, Route 1, Cuba City, Wisconsin, filed claim for damages in the amount of $18.00 as a result of having tar sprayed on his car, and this matter was referred by the City Attorney to the appropri- ate City Agency which has dispos- ed of said claim, and I therefore recommend denial of said claim. t y V_'j Councilman Takos moved that the recommendation of the City Attorney be approved. Seconded by Mayor Horgan. Carried by the following vote: Yeas—Mayor Horgan, Council- men Ludwig, Pfohl, Takos. Nays—None. Absent—Councilman Kea.l. July 22, 1964 Honorable Mayor and City Council Re: Mrs. Lillian VanNatta Gentlemen: On February 10, 1964, Mrs. Lil- lian VanNatta of 110 W. Madison St., Platteville, Wisconsin, filed claim for damages in an unspeci- fied amount against the City of Dubuque, Iowa, as a result of a fall in front of St. Joseph Mercy Hospital in the City of Dubuque, alleging defective sidewalk there- at. I have made an investigation of this matter and find no actionable negligence on the part of the City and therefore recommend denial of said claim. Original claim is attached here- to. Respectfully submitted, R. N. Russo, City Attorney Councilman Takos moved that the recommendation A the City Attorney be approved. SeconJed by Mayor Horgan. Carried by the following vote: Yeas—Mayor Horgan, Council- men Ludwig, Pfohl, Takos. Nays—None. Absent—Councilman Kean. July 22, 1964 Honorable Mayor and city Council Re: Mrs. Adele (Leiser) Haudenshield Gentlemen: On December 30, 1963, Mrs. Adele (Leiser) Haudenshield, Cuba City, Wisconsin, filed claim for damages in an unspecified amount against the City of Dubuque, Iowa, as a result of a fall in front of F ecker's Market, Rhomberg Aven- ue, Dubuque, Iowa, alleging defec- tive sidewalk thereat. 274 lic gular Session, August 3, 1964 I have made an investigation of this matter and find no actionable negligence on the part of the City and therefore recommend denial of said claim. Original claim is attached here- to. Respectfully submitted, R. N. Russo, City Attorney Councilman Takos moved that the recommendation of the City Attorney be approved. Seconded by Mayor Horgan. Carried by the following vote: Yeas—Mayor Iiorgan, Council- men Ludwig, Pfohl, Takos. Nays—None. Absent—Councilman Kean. Notice of claim of John Soat, in the amount of $33.12, for car dam- age incurred as the result of being struck by a city -owned truck on July 29, 1964, presented and read. Councilman Ludwig moved that the notice of claim be referred to the City Solicitor for investiga- tion and report. Seconded by Councilman Takos. Carried by the following vote: Yeas—Mayor Horgan, Council- men Ludwig, Pfohl, Takos. Nays—None. Absent—Councilman Kean. Notice of claim of Bert Fern, in behalf of Carol Fern, a minor, in an unspecified amount, for per- sonal injuries received by said minor in a fall on a defective walk at 9th and Central Avenue on July 15, 1964, presented and read. Councilman Ludwig moved that the notice of claim be referred to the City Solicitor for investigation and report. Seconded by Council- man Takos. Carried by the follow- ing vote: Yeas—Mayor Horgan, Council- men Ludwig, Pfohl, Takos. Nays—None. Absent—Councilman Kean. Proof of Publication, certified to by the Publisher, of Notice of public hearing so as to provide Zon- ing Classifications for the area an- nexed June 1, 1964, West Side Manor, presented and read. No written objections were filed and no objectors were present in the Council Chamber at the time set for the public hearing. Mayor Horgan moved that the proof of publication be received and filed. Seconded by Councilman Takos. Carried by the following vote: Yeas—Mayor Horgan, Council. men Ludwig, Pfohl, Takos. Nays—None. Absent—Councilman Kean. ORDINANCE NO. 24-64 An ordinance amending and changing the zoning map of the city of Dubuque, Iowa, as provid- ed by Ordinance No. 3-34 desig- nated "Zoning Ordinance of the City of Dubuque, Iowa," so as to provide zoning classification for the area annexed to the city of Dubuque, Iowa, by resolution adopted June 1, 1964 presented and read at a previous meeting of the City Council under (late of July 6, 1964, and now pre- sented for Final Adoption. ORDINANCE NO. 24-64 AN ORDINANCE AMENDINU AND CHANUINU THE ZONING MAP OF THE CITY OF I)U- DUQUE, IOWA, AS PROVIDED BY ORDINANCE NO. 8-34 DES- lUNA1'ED "ZONINU URD 1- NANCE OF THE CITY OF DU- BUQUE, IOWA " SO AS TU PRUviDI] ZUNINU CLASSIFI- CATION POR THI, AREA AN- NEXED TO THE 1.1 i Y OF 1JU- BUQU1:, IOWA bf RESOLU- TION ADkPPTEI) JUNE 1, 1964. BE IT ORDAINED B1 THE CITY CUUNl,1L, CITY Ole' DU"UQUE: Section 1: That the zoning map and zoning urkimance of the City of Dubuque oe and the same to hereby amended and changed so as to include all of the area annexed to the City of Dubuque, Iowa, by Resolution adopted by the City Council of the City of Dubuque, luwa on June 1 1964, in which Resolution the following area was annexed to the City of Dubuque, Iowa: Beginn)ng at the North East Corner of. 28, Township 89 North, Range 2 East of the 5th Principal Meridian, thence West 1328.0 feet to the North West Corner of the North East one Quarter ('A) of the North East One Quarter ('A) of Sec- tion 28, Township 89 North, Range 2 East of the 5th Prin- cipal Meridian, thence South u` 28' East 502.2 feet, thence South 01 41' East 200 feet, thence South 01 26' East 100 feet thence South 0° 44' 80" Last 535.1 feet to the South West Corner of the North East one Quarter ('A) of the North East One Quarter (i(i) of Sec- tion 28, Township 89 North, Range 2 East of the 5th Prin- cipal Meridian, thence South 89, 36' 30" East 1338.6 feet; thence North 01 23' West 1346.8 feet to the point of beginning and containing approximately 4u acres. all of which Is shown on a zoning map now un file In the Office of the City Planner of Dubuque. Iowa. Section 2: That all of the area Regular Session, August 3, 1984 275 designated on the aforesaid map as Blocks 1, 2, 3 and 4, Is hereby classified and designated "Single Family Residence District." (Blocks [ilo2eSts 11 3,4and 4 ineWesteSidde Manor DubdIvIsIon now on file In the Office of the Recorder of Du- I,uque County) Section 8: That all of the area Jesignated on the aforesaid map as Lot 2 of Lot 2 of Lot 2 of the Northeast Quarter of the North- east Quarter of Section 28, Town- ship 89 North, Range 2 East of the lith P M. In the City of Du- buque, Iowa, is hereby classified and designated as "Single Family Residence District," except that portion of Lot 2 of Lot 2 of Lot 2 of the Northeast Quarter of the Northeast Quarter of Section 28, Township 89 North, Range 2 East of the lith P. M. in the City of Dubuque, Iowa, beginning at the West property line of John F. Kennedy Road and the South prop- erty line of Pennsylvania Ave- nue, thence West 265.0 feet, thence South 251 East 128.0 feet, thence South 410 East 196.0 feet, thence South 78° East 90.0 feet, thence Northerly along the West property line of John F. Kennedy Road 288.0 feet to the point of begin- ning, which to hereby classified and designated "Local Bus'ness District A." Section 4: That all of the area designated on the aforesaid map as Lot I of Lot 2 of Lot 2 of the Northeast Quarter of the Northeast Quarter of Section 28, Township 89 North, Range 2 East of the 6th P. M. in the City of Dubuque, Iowa, in hereby classi- fied and designated "Local Bue1- ness District A." Section 5: That all of the area designated on the aforesaid map as Lot 1 of Lot 2 of the Northeast Quarter of the Northeast Quar- ter of Section 28, Township 89 North, Range 2 East of the 5th P. M. to the City of Dubuque, Iowa, Is hereby classified and de_ Ignated "Light Industrial Dts- triet." Section 6: This Ordinance shall be In full force and effect from and after Its final passage, adop- tion and publication as by law Provided. Section 7: Introduced this 6th day of July, 19114. Rule requiring reading on three separate dates suspended by unanimous vote the 6th day of July, 1964. PASSED, ADOPTED and AP- PROVED this 3rd day of August, 1964. ROBERT J. HORGAN RICHARD LUDWldayot PETER J. TAKOS ELDON A. PFOHL Attest: Councilmen Leo F. Frommelt City Clerk Published officially In the Tele- graph -Herald Newspaper this 7th day of August, 1964. Leo F. Frommelt It. 8,7 City Clerk Mayor Horgan moved the final adoption of the Ordinance. Second- ed by Councilman Takos. Carried by the following vote: Yeas—Mayor Horgan, Council. men Ludwig, Pfohl, Takos. Nays—None. Absent—Councilman Kean. ORDINANCE NO. 29.64 An ordinance amending Section E of Schedule III of Ordinance No. 33.49 by adding a new Sub- section 3 thereto providing that a,tbound vehicles must -top bo. for entering the intersection of North Grandview Avenue and Delhi Street, Presented and read. Councilman Pfohl moved that the reading just had be considered the first reading of the Ordinance. Seconded by Councilman Ludwig. Carried by the following vote: Yeas—Mayor Horgan, Council- men Ludwig, Pfohl, Takos. Nays—None. Absent --Councilman Kean. Councilman Pfohl moved that the rule be suspended requiring an Ordinance to be read on three sepa. rate days. Seconded by Councilman Ludwig. Carried by the following vote: Yeas—Mayor Horgan, Council- men Ludwig, Pfohl, Takos. Nays—None. Absent --Councilman Kean. ORDINANCE NO. 29.64 An Ordinance Amending Section E Of Schedule III of Ordinance No. 33-49 by Adding a New Subsection 3 Thereto Providing that East. Bound Vehicles must Stop before Entering the Intersection of North Grandview Avenue and Delhi Street. NOW THEREFORE BE IT OR- DAINED BY THE CITY COUNCIL. OF CITY OF DUBUQUE, IOWA: Section 1. That Section E of Schedule III of Ordinance No. 33-49 be and the name is hereby amend- ed by enacting a new subsection 3 tis follows: "3. North Grandview Avenue and Delhi Street." Passed, ado rted and approved this 3rd day of July, A. D., 1964. Robert J. Horgan Mayor Richard Ludwig Peter J. Takos Eldon A. Pfohl 0,uncilmen Attest: Leo F. Frommelt City Clerk Published officially In The Tele. ttraph-Herald Newspaper this 71h day of August 1964. Geo F. Frommelt City Clerk. It. 8.7 Councilman NOW moved the adoption of the Ordinance. Sec• onded by Councilman Ludwig. Car. ried by the following vote: 74 Regular Session, August 3, 1964 — I have made an investigation of this matter and find no actionable negligence on the part of the City and therefore recommend denial of said claim. Original claim is attached here- to. Respectfully submitted, R. N. Russo, City Attorney Councilman Takos moved that the recommendation of the City Attorney be approved. Seconded by Mayor Horgan. Carried by the following vote: Yeas—Mayor Horgan, Council- men Ludwig, Pfohl, Takos. Na} s—None. Absent—Councilman Kean. Notice of claim of John Soat, in the amount of $33.12, for car dam- age incurred as the result of being struck by a city -owned truck on July 29, 1964, presented and read. Councilman Ludwig moved that the notice of claim be referred to the City Solicitor for investiga- tion and report. Seconded by Councilman Takos. Carried by the following vote: Yeas—Mayor Horgan, Council- men Ludwig, Pfohl, Takos. Nays—None. Absent --Councilman Kean. Notice of claim of Bert Fern, in behalf of Carol Fern, a minor, in an unspecified amount, for per- sonal injuries received by said minor in a fall on a defective walk at 9th and Central Avenue on July 15, 1964, presented and read. Councilman Ludwig moved that the notice of claim be referred to the City Solicitor for investigation and report. Seconded by Council- man Takos. Carried by the follow- ing vote: Yeas—Mayor Iiorgan, Council- men Ludwig, Pfohl, Takos. Nays—None. Absent --Councilman Kean. Proof of Publication, certified to by the Publisher, of Notice of public hearing so as to provide Zon- ing Classifications for the area an- nexed June 1, 1964, West Side Manor, presented and read. No written objections were filed and no objectors were present in the Council Chamber at the time set for the public hearing. Mayor Horgan moved that the proof of publication be received and filed. Seconded by Councilman Takos. Carried by the following vote: Yeas—Mayor Horgan, Council- men Ludwig, Pfohl, Takos. Nays—None. Absent—Councilman Kean. ORDINANCE NO. 24-64 An ordinance amending and changing the zoning map of the pity of Dubuque, Iowa, as provid- ed by Ordinance No. 3.34 desig- nated "Zoning Ordinance of the City of Dubuque, Iowa," so as to provide zoning classification for the area annexed to the city of Dubuque, Iowa, by resolution adopted June 1, 1964 presented and read at a previous meeting of the City Council under date of July 6, 1964, and now pre- sented for Final Adoption. ORDINANCE NO. 24.64 AN ORDINANCE AMENDING AND CHANGING THE ZONING MAP OF THE CITY OF DU- BUQUE, IOWA, AS PROVIDED BY ORDINANCE NO. 3-34 DES- IGNA1'ED "ZONING ORDI- NANCE OF THE CITY OF DU- BUQUE, IOWA " SO AS TO PROVIDE' ZONING CLASSIFI- CATION FOR THP. AREA AN- NEXED To THE t -I i Y OF DU- DUQUF„ IOWA lit' RESOLU- TION AUuPTEL JUNE 1, 1964. BE 1T Oittt,,INED B1, THE CITY CUt1NCIL, CITY OF DUBUQUE: Section l: That the zoning map and zoning uromance of the City of Dubuque oe and the name in hereby amended and changed so as to include all of the area annexed to the City of Dubuque, Iowa, by Resolution adopted by the City Council of the City of Dubuque, Iowa on June 1 1964, In which Resolution the following area was annexed to lite City of Dubuque, Iowa: Beginning at the North East Corner of Section 28, Township 89 North, Range 2 East of the lith Principal Meridian, thence Neat 1328.0 feet to the North Nest korner of the North East une Quarter ($A) of the North East One Quarter ('A) of Sec- tion 28, Township 89 North, Mange 2 East of the 5th Prin- Opal Meridian, thence South u° LS3' East 502.2 feet, thence South 01 41' East 200 feet thence South 01 26' East 1015 feet thence South 0° 44' 30" East 535.1 feet to the South West Corner of the North East One Quarter (A) of the North East One Quarter (A) of Sec- tion 28, Townshi t 89 North, Range 2 East of the 5th Prin- cipal Meridian, thence South 80° 36' 30" East 1333.6 feet; thence North 0° 23' West 1346.N feet to theppoint of beginning and containing approximately 4u acres. all of which Is shown on a zoning map now on file in the Office of the City Planner of Dubuque. Iowa. Section 2: That all of the area Regular Session, August 3, 1964 275 designated on the aforesaid map as Blocks 1, 2, 3 and 4, is herehy rlasairied and designated _81nRle Family Residence District." (Blocks 1 2, 8, and 4 are the same as Flocks 1, 2, S, and 4 In West Slde Manor Subdivision now on file In the Office of the Recorder of Du- I,uque County). Section 3: That all of the area ,teslgnated on the aforesaid map as Lot 2 of Lot 2 of Lot 2 of the Northeast Quarter of the North- east Quarter of Section 28, Town- ship 89 North, Range 2 East of the Sth P M. In the City of Du- buaue, Iowa, is hereby classified and designated as "Single Family Residence District," except that portion of Lot 2 of Lot 2 of Lot 2 of the Northeast Quarter of the Northeast Quarter of Section 28, Township 89 North, Range 2 East of the Sth P. M. In the City of Dubuque, Iowa, beginning at the westDroperty line of John F. Kennedy Road and the South prop- erty line of Pennsylvania Ave- nue, thence West 266.0 feet, thence South 260 East 128.0 feet, thence South 41° East 196.0 feet, thence South 780 East 90.0 feet, thence Northerly along the West property line of John F. Kennedy Road 283.0 feet to the point of begin- ning, which Is hereby classified and deslRnated "Local Business District A." Section 4: That all of the area designated on the aforesaid map as Lot 1 of Lot 2 of Lot 2 of the Northeast Quarter of the Northeast Quarter of Section 28, Township 89 North, Range 2 Plast of the 6th P. M. in the City of Dubuque, Iowa, In hereby classi- fied and designated "Local Busi- ness District A." Section 6: That all of the area designated on the aforesaid map as Lot I of Lot 2 of the Northeast Quarter of the Northeast Quar- ter of Section 28, Township 89 North, Range 2 East of the 6th P. M. In the City of Dubuque, Iowa, is hereby classified and des- ignated "Light Industrial Dis- trict." Section 6: This Ordinance shall be In full force and effect from andatter Its final passage, adop- tion and publication as by law Provided. uced this fith dayof, 1964oJulyJuly, 1964. requiring uepeodednbythree unanimousavoteathe 6th day of July 1964. PASSED, ADOPTED and AP- PROVED this 3rd day of August, 1964. ROBERT J. HORGAN RICHARD LUDWIdayur PETER J. TAK08 ELDON A. PFOHL Attest: Councilmen Leo F. Frommell City Clerk Published officially In the Tele- graph -Herald Newspaper this 7th day of August, 1964. Leo F. Frommelt It. 6.7 City Clerk Mayor Horgan moved the final adoption of the Ordinance. Second. ed by Councilman Takos. Carried by the following vote: Yeas—Mayor Horgan, Council. men Ludwig, Pfohl, Takos. Nays—None. Absent ---Councilman Kean. ORDINANCE NO. 29-64 An ordinance amending Section E of Schedule III of Ordinance No. 33-49 by adding a new Sub. section 3 thereto providing that a,tbound vehicles must stop be. for entering the intersection of North Grandview Avenue and Delhi Street, Presented and read. Councilman Pfohl moved that the reading just had be considered the first reading of the Ordinance. Seconded by Councilman Ludwig. Carried by the following vote: Yeas—Mayor Horgan, Council. men Ludwig, Pfohl, Takos. Nays—None. Absent --Councilman Kean. Councilman Pfohl moved that the rule be suspended requiring an Ordinance to be read on three sepa- rate days. Seconded by Councilman Ludwig. Carried by the following vote: Yeas—Mayor Horgan, Council- men Ludwig, Pfohl, Takos. Nays—None. Absent --Councilman Kean. ORDINANCE NO. 29.64 An Ordinance Amending Section E of Schedule 111 of Ordinance No. 33.49 by Adding a New Subsection 3 Thereto Providing that East. Bound Vehicles must Stop before Entering the Intersection of North Grandview Avenue and Delhi Street. �t�\t' THI;ltF.Pon ; HE 1T OR- DAINED BY THE CITY COUNCIL. OF PITY OF DUBUQUE. IOWA: Section 1. That Section E of Schedule III of Ordinance No, 33-49 he and the same is hereby amend- ed by enacting a new subsection 3 ua follows: '•3. North Grandview Avenue unit Uelhl Street." Passed, adoptt•d and approved thla 3rd day of July, A. D., 1964. Robert J. Horgan Mayor Richard Ludwig Peter J. Takos Eldon A. Pfohl Councilmen Attest: Leo F. Frommelt City Clerk Published officially In The Tele. ttraph-Herald Newspaper this 7th d,ty of August 1964. Len F. Frommot City Clerk. 1t. 8.7 Councilman Pfohl moved the adoption of the Ordinance. See- onded by Councilman Ludwig. Car- ried by the following vote: 276 Regular Session, August 3, 1964 Yeas—Mayor Horgan, Council- men Ludwig, Pfohl, Takos, Nays—None. Absent--Councilmim Kean. Petition of Dubuque B i b l e Church requesting annexation of the North 253.8' of East MY of Lot 2 of Lot 1 of Lot 1 of Lot 2 of NWi/4 of NE314 Sec. 28, Twp. 89 N. R. 2 E. on Pennsylvania Avenue, presented and read. Mayor Horgan moved that the petition be referred to the Plan- ning & 'Zoning Commission. Sec- onded by Councilman Pfohl. Car- ried by the following vote: Yeas—Mayor Horgan, Council- men Ludwig, Pfohl, Takos. Nays—None. Absent—Councilman Kean. Petition of First Church of the Nazarene requesting removal of a presently located street light ap- proximately seventy feet off a much needed area and replace same at the intersection of Uni- versity and Prysi, presented and read. Mayor Horgan moved that the petition be referred .o the City Manager and Electrical Inspector. Seconded by Councilman Pfohl. Carried by the following vote: Yeas—Mayor Horgan, Council- men Ludwig, Pfohl, Takos. Nays—None. Absent—Councilman Kean. Petition of Amvets Auxiliary re- questing permission to hold their annual White Clover sales on Au. gust 21 and August 22, 1964, pre- sented and read. Mayor Horgan moved that the petition be referred to the City Manager and Mayor. Seconded by Councilman Pfohl Carried by the following vote: Yeas — Mayor Horgan, Council. men Ludwig, Pfohl, Takos. Nays—None. Absent—Councilman Kean. Petition of Dubuque Insulation & Siding Co. requesting permission to erect a Marquee at the Freund Pharmacy at 805 W. 5th Street. presented and read. Councilman Takos moved that the petition be granted subject to the approval of the City Manager and Building Commissioner. Seconded by Coun- cilman Pfohl. Carried by the fol. lowing vote: Yeas — Mayor Horgan, Council- men Ludwig, Pfuhl, Takos. Nays—None. Absent—Councilman Kean. Petition of J. Allen Wallis Jr. et ux requesting vacation of a 10, easement between Lots 6 & 7 Block 5 in Indian Hills, presented and read. Councilman Ludwig moved that the petition be re. ferred to the City Solicitor for proper proceedings. Seconded by Councilman Takos. Carried by the following vote: Peas — Mayor Horgan, Council. men Ludwig, Pfohl. Takos. Nays—None. Absent—Councilman Kean. Petition of Beadle Plumbing & Beating Co. requesting permission to excavate in Garnet Street for the purpose of making water con- nections, presented and read. Councilman Takos moved that the petition be referred to the City Manager and Engineering Depart- ment. Carried by the following vote: Yeas — Mayor Horgan, Council- men Ludwig, Pfohl, Takos. Nays—None. Absent—Councilman Kean. Petition of University of Du buque requesting permission to hold a street dance September 10, 1946 on Auburn Street, presented and read. Councilman Ludwig moved that the petition be re- ferred to the Mayor and City Man- ager. Seconded by Councilman Ta- kos. Carried by the following vote: Yeas — Mayor Horgan, Council- men Ludwig, Pfohl, Takos. Nays—None. Absent — Councilman Kean. Petition of Dubuque Summer Carnival Inc. requesting a refund of $375 on the unexpired portion of Liquor License No. C-3320, pre- sented and read. Councilman Lud- wig moved that the refund be granted and the Auditor instructed to issue proper warrant to cover the amount due on the unexpired portion of Liquor License No. C-3320. Seconded by Councilman Takos. Carried by the following vote: Yeas — Mayor Horgan, Council- men Ludwig, Pfohl, Takos. Nays—None. Absent—Councilman Kean. Proof of Publication, certified to by the Publisher, of Notice of public hearing_ to consider proposal to dispose of interest in Lot 1 of Block 17 of River Front Sub. No. 3 I1egul:►r Session, Aul;ast 3, 19(A 277 to Trus-dek corporation, presented and read. No written objections were filed and no oral objectors were present i in the Council Chamber at the time set for the public hearing. Mayor Horgan moved that the proof of publication be received and filed. Seconded by Councilman Takos. Carried by the following vote: Horgan, council - Yeas -- Mayor men Ludwig, Pfohl, Takos. Nays—None. Absent — Councilman Kean. RESOLUTION NO. 175-64 WHEREAS, by iritten4'communi.i. cation dated July Corporation of Boise, Idaho offered to purchase three (3) acres of land situated in the Industrial Park of Dubuqu,e Iowa, for the sum of Three Thousand ($3.900.00) Dollars per acre, and which real estate is described as follows: Lot 1 of Block 17 in "River Front Subdivision No. 3" in the City of Dubuque, Iowa; WHEREAS, the Mayor's Indus- trial Committee, consisting of Hon- orable Robert Horgan, Mayor of City of Dubuque, Iowa, Joseph Voelker, Secretary of Board of Dock Commissioners of City of Dubuque, Iowa, acting in absence of Don Mueller, Chairman of said Dock Commission, and Robert Dor- othy, Manager, Dubuque Industrial Bureau in a written communication to the City Council of City of Du- buque, Iowa, dated July 6, 1964 recommended the sale of said three acres to Trus-dek Corporation up- on certain conditions; and WHEREAS, the City Council of City of Dubuque, Iowa, ordered the City Clerk to publish notice of in- tent to dispose of said real estate to Trus-dek Corporation as is by law required; and WHEREAS, the City Council of City of Dubuque, Iowa, overrules any and all objection by any and all interested persons to the sale of said real estate to Trus-dek Cor- poration. NOW THEREFORE, Be It Re. solved by the City Council of City of Dubuque, Iowa: Section 1. That offer by Trus -del Corporation to purchase the follow ing described real estate: I.ot 1 of Block 17 in "River Front Subdivision No. 3" in the City of Dubuque. Iowa, or the sum of Three Thousand $3,000.00) Dollars per acre be and he same is hereby accepted upon he following terms and conditions: A. Trus-dek Corporation shall -ommence manufacturing opera- tions within six months of deliv- ary of Quit Claim Deed conveying the property hereinabove described by City of Dubuque, Iowa. B. Construction of the building and use of said premises by Trus- dek Corporation shall be in accord- ance with provisions of City of Du- buque Ordinance No. 3-34, known as the ZONING ORDINANCE OF THE CITY OF DUBUQUE, IOWA, as amended by Ordinance No. 33. 59, establishing and defining "Re- stricted Industrial District"; said building when constructed shall c o n t a i n approximately 18,000 square feet for use by Trus-dek Corporation. C. Subject to perpetual right and perpetual casement in City of Du- buque. Iowa, in, over and across said premises for purpose of re- pair, maintenance and inspection of existing 48 -inch storm sewer, which easement is twenty feet in width as shown on plat dated July 13, 1964. Section 2. That plat of property hereinabove described, being date of July 13, 1964, by Kenneth J. Cullen, of Cullen-Schiltz & Asso- ciates, Licensed Professional Civil Engineer, be and the same is here. by approved and the Mayor and City Clerk be and they are hereby authorized and directed to exe- cute the same on behalf of City of Dubuque, Iowa. Section 3. That the deed con- veying the property hereinabove described be and the same is here- by approved and the Mayor and City Clerk be and they are hereby authorized and empowered to exe- cute the same for and on behalf of City of Dubuque, Iowa; and the City Manager of City of Dubuque is directed to deliver said deed, together with abstract of title showing good and merchantable title in City of Dubuque, Iowa, to Trus-dek Corporation upon receipt of the purchase price of Nine Thousand ($9.000.00) Dollars. S Regidar Session, August 3, 1961 passed, adopted and approved this 3rd day of August, 1964. Robert J. Horgan Mayor Richard Ludwig Peter J. Takos Eldon A. Pfohl Attest: Leo F. Frommelt City Clerk Councilman Takos moved the adoption of the resolution. Second- ed by Councilman Pfohl. Carried by the following vote: Yeas—Mayor Horgan, Council- men Ludwig, Pfohl. Takos. Nays—None. Absent—Councilman Kean. RESOLUTION NO. 176.64 WHEREAS. the City Council of the City of Dubuque, Iowa, pro- poses to dispose of interest in the following described real estate: Lot IA of T. McCraney's Addition in the City of Dubuque, Iowa; and WHEREAS, Pauline L. Gross and William D. Gross have made writ - t -n offer to purchase said real es- tate for the sum of Seven Hundred Fifty ($750.00) Dollars plus one- half the costs of publication; and WHEREAS, the City Council of City of Dubuque, Iowa, deems it in the best public interest to accept said offer. NOW THEREFORE Be It Re- solved by the City Council of the City of Dubuque, Iowa; Section 1. That the offer of Pau - lire L. Gross and William D. Gross dated July 20, 1964, to purchase the following described real estate: Lot lA of T. McCraney's Addi- tion in the City of Dubuque, Iowa. for the sum of $750.00 plus one- half the costs of publication be and the same is hereby approved and a,cepted, and that no abstract of title shall be furnished. Section 2. That the City Clerk be and he is hereby authorized and directed to cause notice to be pub. lished of intent to dispose of the following described real estate: Lot IA of T. McCraney's Addition in the City of Dubuque, Iowa to Pauline L. Gross and William D. Gross for the sum of $750.00 plus one-half the costs of publica. tion as is by law required. Passed, adopted and approved this 3rd day of August, A.D., 1964. Robert J. Horgan Mayor Richard Ludwig Peter J. Takos Eldon A. Pfohl Councilmen Attest: Leo F. Frommelt City Clerk Mayor Horgan moved the adop- tion of the resolution. Seconded by Councilman Takos. Carried by the following vote: Yeas—Mayor Horgan, Council. men Ludwig, Pfohl, Takos. Nays—None. Absent—Councilman Kean, RESOLUTION NO. 177.64 WHEREAS, the City Council of the City of Dubuque, Iowa, pro- poses to dispose of interest in the following described real estate: Lot 2A of T. McCraney's Addition in the City of Dubuque, Iowa; and WHEREAS, Rosella E. Jasper, has made written offer to purchase said real estate for the sum of Seven Hundred Fifty ($750.00) Dollars plus one-half the costs of publication; and WHEREAS, the City Council of City of Dubuque, Iowa, deems it in the best public interest to ac- cept said offer. NOW THEREFORE Be It Re- solved by the City Council of the City of Dubuque, Iowa: Section 1. That the offer of Ro- sella E. Jasper dated July 21, 1964, to purchase the following de- scribed real estate: Lot 2A of T. McCraney's Addi- tion in the City of Dubuque, Iowa. for the sum of $750.00 plus one- half the costs of publication be and the same is hereby approved and accepted, and that no abstract of title shall be furnished. Section 2. That the City Clerk be and he is hereby authorized and directed to cause notice to be published of intent to dispose of the following described real estate: Lot 2A of T. McCraney's Addi- tion in the City of Dubuque, Iowa of Rosella E. Jasper for the sum of $750.00 plus one-half the costs Regular Session, August 3, 1964 279 of publication as is by ism re- quired. passed, adopted and approved this 3rd day Robert J t, 984 Horgan Mayor Richard Ludwig Peter J. Takos Eldon A. Pfohl Councilmen Attest: Leo F. Frommelt City Clerk Mayor Horgan moved the adop- tion of the resolution. Seconded by Councilman Pfohl. Carried by the following vote: Yeas—Mayor Horgan, Council- men Ludwig, Pfohl, Takos. Nays—None. Absent—Councilman Kean. RESOLUTION NO. 17644 WHEREAS, the City Council of the City of Dubuque, Iowa, pro- poses to dispose of interest in the following described real estate: Lot 2A of Ham's Addition in the City of Dubuque, Iowa; and WHEREAS, RAYMOND LEIT- NER has made written offer to purchase said real estate for the sum of Fifteen Hundred ($1500.00) Dollars plus costs of publication; and WHEREAS, the City Council of City of Dubuque. Iowa, deems it in the best public interest to accept said offer. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the offer of Ray- mond Leitner dated July 18, 1964 to purchase the following describ- ed real estate: Lot 2A of Ham's Addition in the City of Dubuque, Iowa. for the sum of $1500.00 plus costs of publication be and the same is hereby approved and accepted, and that no abstract of title shall be furnished. Section 2. That the City Clerk be and he is hereby authorized and directed to cause notice to be published of intent to dispose of the following described real estate: Lot 2A of Ham's Addition in the City of Dubuque, Iowa to Raymond Leitner for the sum of $1500.00 plus costs of publica- tion as is by law required. Passed, adopted and approved this 3rd day of August, A.D., 1964. Robert J. Horgan Mayor Richard Ludwig Peter J. Takos Eldon A. Pfohl Councilmen Attest: Leo F. Frommelt City Clerk Mayor Horgan moved the adop- tion of the resolution. Seconded by Councilman Takos. Carried by the following vote: Yeas—Mayor Horgan, Council- men Ludwig, Pfohl, Takos. Takos—None. Absent—Councilman Kean. RESOLUTION NO. 17944 WHEREAS, the City Council of the City of Dubuque, Iowa, pro- poses to dispose of interest in the following described real estate: Lot IA of Ham's Addition in the City of Dubuque, Iowa, by sale to the highest bidder for cash upon a sealed bid basis. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF T H E CITY OF DUBUQUE, IOWA: Section 1. Thr.t the sale of the following described real estate to the highest bidder for cash, in- cluding costs of publication, upon a sealed bid basis be and the same is hereby approved: Lot 11 of Ham's Addition in the City of Dubuque, Iowa. Section 2. That the City Clerk be and he is hereby directed to cause notice of intent to dispose of interest in real estate to the highest bidder for cash upon a sealed bid basis be published in the Telegraph -Herald, a newspaper printed and published in the City of Dubuque, Iowa, as is by law provided, and said Clerk is ordered to invite sealed bids for the pur. chase of said real estate. Section 3. That no abstract of title shall be furnished. Passed, adopted and approved this 3rd day of August, A.D., 1964. Robert J. Horgan Mayor Richard Ludwig Peter J. Takos Eldon A. Pfohl Councilmen 280 Regular Session, August 3, 1964 Attest: Leo F. Frommelt City Clerk Mayor Horgan moved the adop- tion of the resolution. Seconded by Councilman Pfohl. Carried by the following vote: Yeas—Mayor Horgan, C=ouncil men Ludwig, Pfohl, Takos. Nays—None. Absent—Councilman Kean. July 31. 1964 Honorable Mayor and City Cornncil Gentlemen: At the July 30, 1964meeting of the Dubuque Planning and zoning Commission the following action was taken: That the Final Plat of Chippewa Park Addition in the Citand that Du- buque, Iowa be approved the approval of the City Council is recommended. Respectfully submitted, Dubuque Planning and Zoning Commission Frank J. Glab, Secretary Mayor Horgan moved approval of the recommendation. Seconded by Councilman Takos. Carried by the following vote: Yeas—Mayor Horgan, Council- men Ludwig, Pfohl. Takos. Nays—None. Absent—Councilman Kean. RESOLUTION NO. 180-64 Resolution Approving the Plat of Chippewa Park Addition in the City of Dubuque, Iowa Whereas, there has been filed with the City Clerk a plat in which: The West 250 feet of Lot 15, the North 35 feet of the East 150 feet of Lot 15, Lot 2 of Lot 20, Lot 2 of the North 45 feet of the East 250 feet of Lot 14, the West 120 feet of the South 55 feet of the East 250 feet of Lot 14, the South 5 feet of the East 130 feet of Lot 14, and Lot 2 of the West 150 feet of Lot 14 in "Highland Park" a Subdivision in the City of Du- buque, Iowa; and Lot 2 of Lot 2 of Lot 1 of Lot 1 of "Reuter Place" in the City of Dubuque, Iowa, and Lot 2 of Lot I of Lot 1 of "Gisel-Highland Park Place" in the City of Dubuque, Iowa, is platted as Lots 1 through 13 Chippewa Park Addition in the City of Dubuque, Iowa, # Richard J. Schlitz, as Owner thereof; and Whereas said plat has been ex- amined by the City Planning and Zoning Commission and approved by said body; and Whereas upon said plat appears streets to be known as Chippewa Drive and also easements for pub- lic utilities which the Owner upon said plat has dedicated to the pub. lic forever; and Whereas said plat has been found by the City Council to con- form to the Status and Ordinances relating thereto except that the streets have not been reduced to grade or paving, sewer, water 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 Chippewa Drive, together with the easements for public utilities all as the same appears upon said plat; be and the same are hereby accepted and that said streets be and are hereby established as pub- lic streets in the City of Dubuque; Section 2. That the plat of Lots 1 through 13 Chippewa Park Ad- dition in the City of Dubuque, Iowa, comprising of the following: The West 250 feet of Lot 15, the North 35 feet of the East 150 feet of Lot 15, Lot 2 of Lot 20, Lot 2 of the North 45 feet of the East 250 feet of Lot 14, the West 120 feet of the South 55 feet of the East 250 feet of Lot 14, the South 5 feet of the East 130 feet of Lot 14, and Lot 2 of the West 150 feet of Lot 14 in "Highland Park" a Subdivision in the City of Dubuque, Iowa; and Lot 2 of Lot 2 of I.ot 1 of Lot 1 of "Reuter Place" in the City of Dubuque, Iowa, and Lot 2 of Lot 1 of Lot 1 of "Gisel- Highland Park Place' in the City of Dubuque, Iowa, is hereby ap- proved and the Mayor and City Clerk are hereby authorized and di- rected to endorse the approval of the City of Dubuque upon said plat providing the Owner of said property, hereinbefore named, ex- ecutes written acceptance hereto attached, agreeing: a. To reduce Chippewa Drive to grade as shown by the profiles submitted with the plat. Regular Session, Atignst 3, 1'x(,1 'ti l b. To surface Chippewa Drive for a width of 26 feet with 8" Rolled Stone Base, Vi" Asphaltic Con- crete Surfacing and Concrete Curb and Gutter. All of the fore- going shall be constructed ac- cording to the latest City of Dubuque specifications. ,.To install sidewalks on both sides of Chippewa Drive in ac- cordance with the City of Du- buque Standard Specifications for Permanent Sidewalks. d. To install water mains in accord- ance witil plans submitted with this plat. e. To install sanitary sewers in ac- cordance with plans submitted with this plat. f. To install sanitary sewer and water house laterals for each lot to behind the property line. g. To construct the foregoing im- provements in accordance with plans and specifications approv- ed by the City Manager and un- der the inspection of the City Engineer. h. To maintain all street improve- ments and sewer and water mains for a period of four (4) years from the date of its ac- ceptance. i. To construct said improvements prior to November 30, 1966. j. To provide the foregoing con- struction and maintenance at the expense of the Owner. and further provided that Richard J. Schiltz as Owner of said Sub- division secure the performance of the foregoing conditions by pro- viding security in such sums and withsuch sureties as may be ac- ceptable to the City Manager; Section 3. That in theevent Richard J. Schiltz shall fail to execute the acceptance and provide security provided for in Section 2 hereof within forty-five (45) days from the date of this Resolution 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 3rd day of August, A.D., 1964. Robert J. Horgan Mayor Richard Ludwig Peter J. Takos Eldon A. Pfohl Councilmen Attest: Leo F. Frommelt. City Clerk ACCEPTANCE OF RESOLUTION NO. 180-64 Richard J. Schiltz having read the terms and conditions of the foregoing Resolution No. 180-64 and being familiar with the con- tents thereof, hereby accepts the same and agrees to perform the conditions therein required. /s/ Richard J. Schiltz. DATE: August 4, 1964 To Leo F. Frommelt, City Clerk: This is to certify that the secur- ity required for the foregoing Resolution No. 180-64 has been provided by the owner. Dubuque, Iowa, August 4, 1964. /s/ Gilbert D. Chavenelle, City Manager Mayor Horgan moved the adop- tion of the resolution. Seconded by Councilman Takos. Carried by the following vote: Yeas — Mayor Horgan, Council- men Ludwig, Pfohl, Takos. Nays—None. Abserrt—Councilman Kean. Petition of Richard J. Schiltz requesting that the storm sewer easement across the West 120' of the South 55' of the East 250' of Lot 14 and Lot 2 of the North 45' of the East 250' of Lot 14 in "Highland Park" be vacated be- cause the sewer will be relocated along the north side and west side of Lot 13 Chippewa Park Subdivi- sion as approved by the Engineer- ing Department, presented a n d read. Mayor Horgan moved that the petition be approved. Seconded by Councilman Ludwig. Carried by the following vote: Yeas—Mayor Horgan, Council- men Ludwig, Pfohl, Takos. Nays—None. Absent—Councilman Kean. Petition of David S. Douglas and Richard J. Schiltz requesting that assessments for Bituminous Pav- ing, Fund No. 1235, Curb & Gutter Fund No. 1202 f or Woodlawn Street and Bituminous Paving Fund No. 1235 for Bituminous Pay. ing of Karen Street be pro -rated against the North 50 feet of the south 55 feet of the east 130 feet of Lot 14 in "highland Park" and that evidence be furnished that said assessments are not a lien 282 Replar Session, August 3, 1984 against. Chippewa Park Addition, presented and read. Mayor Horgan moved that the petition belma - proved. Seconded by Pfohl. Carried by the following vote: Yeas—Mayor Horgan, Council- men Ludwig, Pfohl, Takos. Nays—None. Absent—Councilman Kean. RESOLUTION NO. 181.64 Preliminary Estimate, plans, spe- cifications, form of contract and all other documents for the construc- tion of a 21" sanitary sewer in West 32nd Street from the existing sanitary sewer at the intersection of West 32nd Street and North Grandview Avenue westerly to the intersection of West 32nd Street and Carter Road, thence southerly along Carter Road with an eighteen inch (1811) sanitary sewer to the westerly property line of Block 3 of Nauman Addition, at an es- timated cost of $83,800.00, present- ed and read. Mayor Horgan moved the adoption of the resolution. Seconded by Councilman Ludwig. Carried by the following vote: Yeas—Mayor Horgan, Council- men Ludwig, Pfohl, Takos. Nays—None. Absent—Councilman Kean. (Necessity for Improvement) RESOLUTION NO. 182.64 Whereas, proposed plans, specifi- cations, form of contract 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 show- ing among other things the follow- ing: 1. The street to be improved 2. The plan of such improvement 3. An estimate of the cost of the proposed improvement for the construction of a twenty- one inch (21") sanitary sewer in West 32nd Street from the exist- ing sanitary sewer at the inter- section of West 32nd Street and Grandview Avenue westerly to the intersection of West 32nd Street and Carter Road, thence southerly along Carter Road with an eighteen inch (18") sanitary sewer to the Westerly Property Line of Block 3 of Nauman Addition. 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 we]. 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 cost of improvement, they shall be deemed to have waived all objections thereto. Said improvement shall be con. structed and done in accordance with the plans and specifications which have been prepared therefor 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 improvement will be paid from the Sanitation -Sewage Rental Fund. The above resolution was intro- duced, approved and ordered placed on file with the City Clerk this 3rd day of August, 1964. Approved and placed on file for final action. Approved: Robert J. Horgan Mayor Richard Ludwig Peter J. Takos Eldon A. Pfohl Councilmen Attest: Leo F. Frommelt City Clerk Mayor Horgan moved approval of the resolution. Seconded by Councilman Ludwig. Carried by the following vote: Yeas—Mayor Horgan, Council- men Ludwig, Pfohl, Takos. Nays—None. Absent—Councilman Kean. (FIXING DATE OF HEARING) (RESOLUTION NO. 183.64 WHEREAS, the City Council of the City of Dubuque, Iowa has given its preliminary approval on the proposed plans, specifications and form of contract and placed same on file in the office of the City Clerk for public inspection for the construction of a twenty. one inch (21") sanitary sewer in West 32nd Street from the exist, ing sanitary sewer at the inter- Regular Session, August 3, LW1 223 section of West 32nd Street and Grandview Avenue westerly to the intersection of West 32nd Street and Carter Road, thence southerly along Carter Road with an eighteen inch (18") sanitary sewer to the Westerly Property Line of Block 3 of Nauman Addition. BE IT T14EREFORE RESOLVED that on the 8th day of September, 1964, a public hearing will be held at 7:30 P.M. in the Council Cham- ber of the City of Dubuque at which time the objectors for the proposed improvement may appear and make objection to the pro- posed plans and specifications and proposed form of contract, to the cost of the improvement, and the City Clerk be and he is hereby directed to cause a notice of the time and place of such hearing to be published in some newspaper published in the City of Dubuque which shall be not less than ten (10) days prior to the day fixed for its consideration, that the City Clerk be and he is hereby directed to have published the Notice of Pendency for said improvement, and the City Clerk is hereby direct- ed to advertise for proposals for the construction of the improve- ment. Passed adopted and approved this 3rd day of August, 1964. Robert J. Horgan Mayor Richard Ludwig Peter J. Takos Eldon A. Pfohl Councilmen Attest: Leo F. Frommelt City Clerk Mayor Horgan moved the adop- tion of the resolution. Seconded by Councilman Takos. Carried by the following vote: Yeas—Mayor Horgan, Council- men Ludwig, Pfohl, Takos. Nays—None. Absent—Councilman Kean. RESOLUTION NO. 18464 BE IT RESOLVED by the City Council of the City of Dubuque, lows, 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 «ithin said City. Name Address Louis A. Ring, 1185 Dodge Street John F. Thompson, 976 Alain Street BE IT FURTHER RESOLVED that the bonds filed with the ap- plication be approved. Passed, adopted and approved this 3rd day of August, 1964. Robert J. Horgan Mayor Richard Ludwig Peter I. Takos Eldon A. Pfohl Councilmen Attest: Leo F. Frommelt City Clerk Mayor Horgan moved the adop. tion of the resolution. Seconded by Councilman Ludwig. Carried by the following vote: Yeas—Mayor Horgan, Council- men Ludwig, Pfohl, Takos. Nays—None. Absent—Councilman Kean. RESOLUTION NO. 185-64 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. Name Address CLASS "B" BEER PERMIT William At. Kunz, 129 Main Street ,John L. & Viola Savary, 827 Dodge Street Joseph R. McGeough, 210 West 1st Street Ramona M. Fettgather, 1103 Iowa Street Creslanes Bowling Corp., 255 South Main Street Albert J. Ney, 1842 Central Avenue Riverside Bowl Inc., 1860 Haw- thorne .Julien Hotel, 200 Main Street Ellwood J. Gatton, 1598 Elm Street CLASS "C" BEER PERMIT John F. Thompson, 976 Main Street Harold O. Specht, 3003 Asbury Street 224 Regular Session, August 3, 19CA __ Passed, adopted and approved this 3rd day R bort AuJ. gust, 19". rgan Mayor Richard Ludwig Peter J. Takos Eldon A. Pfohl Councilmen Attest: Leo F. Frommelt City Clerk Mayor Horgan moved the adop- tion of the resolution. Seconded by Councilman Takos. Carried by the following vote: Yeas—Mayor Horgan, Council- men Ludwig, Pfohl, Takos. Nays—None. Absent—Councilman Kean. RESOLUTION NO. 186.64 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. Name Address CLASS "B" BEER PERMIT William M. Kunz, 129 Main Street John L. & Viola M. Savary, 827 Dodge Street Joseph R. McGeough, 210 West 1st Street Ramona M. Fettgather, 1103 Iowa Street Creslanes Bowling Corp., 255 South Main Street Albert J. Ney, 1842 Central Avenue Riverside Bowl, Inc., 1860 Haw- thorne Julien Hotel. 200 Main Street Ellwood J. Gatton, 1598 Elm Street CLASS "C" BEER PERMIT John F. Thompson, 976 Main Street Harold O. Specht, 3003 Asbury Street BE IT FURTHER RESOLVED that the bonds filed by such ap- plicants be and the same are here- by approved. Passed, adopted and approved this 3rd day of August, 1964. Robert J. Horgan Mayor Richard Ludwig Peter J. Takos Eldon A. Pfohl Councilmen Attest: Leo F. Frommelt City Clerk Mayor Horgan moved the adop. tion of the resolution. Seconded by Councilman Ludwig. Carried by the following vote: Yeas—Mayor Horgan, Council. men Ludwig, Pfohl, Takos. Nays—None. Absent—Councilman Kean. RESOLUTION NO. 187-64 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 LIQUOR CONTROL ACT— CHAPTER 123—as amended by the 60th General Assembly, 1963. Name Address CLASS "C" COMMERCIAL ESTABLISHMENT John B. Burgmaier, 2401 Windsor Avenue Melvin A. Spiegelhalter, 1029% Main Street George J. Zillig. 127 West 6th Street Pete S. Sfikas & Gust Karigan, 401.405 Central Avenue Patricia Donath, 400 Iowa Street Passed, adopted and approved this 3rd day of August, 1964. Robert J. Horgan Mayor Richard Ludwig Peter J. Takos Eldon A. Pfohl Councilmen Attest: Leo F. Frommelt City Clerk Councilman Takos moved the adoption of the resolution. Second- ed by Mayor Horgan. Carried by the following vote: 11(�gnlar Session. Aupst 3. 1964 •285 Yeas --Mayor Horgan, Council- men Ludwig, Pfohl, Takos. Nays—None. Absent—Councilmen Kean. RESOLUTION NO, 188.64 WHEREAS, applications for Liq- uor Permits were filed by the within named applicants and they have received the approval of this council, and WHEREAS, the premises w te e occupied by such app licants inspected and found to comply with the State Law and all City ordinances relevant thereto and they have filed the 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. Name Address CLASS "C" COMMERCIAL ESTABLISHMENT John B. Burgmaier, 2401 Windsor Avenue Melvin A. Spiegelhalter, 1029'h Main Street George J. Zillig, 127 West 6th Street Pete S. Sfikas & Gust Karigan, 401-405 Central Avenue Patricia Donath, 400 Iowa Street Passed, adopted and approved this 3rd day of August, 1964. Robert J. Horgan Mayor Richard Ludwig Peter J. Takos Eldon A. Pfohl Councilmen Attest: Leo F. Frommelt City Clerk Mayor Horgan moved the adop- tion of the resolution. Seconded by Councilman Takos. Carried by the following vote: Yeas—Mayor Horgan, Council. men Ludwig, Pfohl, Takos. Nays—None. Absent—Councilmen Kean. There being no further business Mayor Horgan moved to adjourn. Seconded by Councilman Ludwig. Carried by the following vote: Yeas—Mayor Horgan, Council men Ludwig, Pfohl. Takos. Nays—None. Absent—Councilman Kean. Leo F. Frommelt City Clerk ,'..)proved Noyember.. 16.1964, Adopted - Councilm .................................. Attes . .. �` Hefty Cl k o Sln•Cia1 Session, Aul;ust 10, 1964 CITY COUNCIL (OFFICIAL) Special Session, August 10, 1964. Council met at 7:30 P.M. (D.S.T.). Present—Mayor Horgan, Coun• oilmen Kean, Ludwig, Pfohl, Takos. City Manager Gilbert D. Chaven- elle. Mayor Horgan read the call and stated that service thereof had been duly made and this meet- ing is called for the purpose of conducting a public hearing on the BUDGET ESTIMATE for the year 1965, and acting on any other business which may properly come before a regular meeting of the City Council. August 7, 1964 Honorable Mayor and City Council, Gentlemen: The request for permission to erect a Marquee on the Freund Pharmacy Building at 805 West Fifth Street has been considered by myself and the building depart- ment. We believe this improvement will enhance the appearance of this building and said Marquee will not interfere with the public. Therefore I recommend granting the request. Section 3809 of the Building Code requires approval by the Citv Council for Marquees over Public Property. Respectfully submitted, Gilbert 1). Chavenelle, City Manager Councilman Takos m o v e d ap- proval of the recommendation. Sec- onded by Councilman Kean. Car. ried by the following vote: Yeas—Mayor Horgan, Council. men Kean, Ludwig, Pfohl, Takos Naps—None. August 10, 1964 To the Honorable Mayor and City Council Gentlemen: I am returning the petition re garding street lighting in the area of University and Prysi Street. Th( location has been investigated b3 the Electrical Inspector and thi following is recommended: Remove one street light located on University a b o u t 70 feet southwest of Prysi. !. Install a street light on the southeast corner of University and Prysi. i. Install a street light on the west side of University at the south lot line of 2757 Univer- sity. t•. That the lights to be installed will be 4000 lumen incandes- cent lights. Respectfully submitted, Gilbert D. Chavenelle City Manager Councilman Takos moved that the recommendation of the City Manager be approved. Seconded by Councilman Pfohl. Carried by the following vote: Yeas—Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. August 10, 1964 To the Honorable Mayor and City Council, Gentlemen: Attached is a request from the Mary Agard Tent No. 35 Daughters of Union Veterans of Civil War to hold a tag day on June 27, 1964. On April 29, 1964 permit No. 26 was issued; however, the tag day was never held. The attached request is for a replacement date, namely October 3, 1964. Respectfully submitted. Gilbert D. Chavenelle, City Manager Councilman Takos moved that the petition be referred to the Mayor and City Manager. Seconded by Councilman Ludwig. Carried by the following vote: Yeas—Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. August 3, 1964 To the Honorable Mayor and Members of the City Council Gentlemen: Attached is a list of all parcels of property within the City con- sisting of ten acres or more which would be eligible for taxation as agricultural land provided t h e y were used in good faith for agri- cultural or horticultural purposes. This list has been submitted by the Assessor's office. Special Session, August 10, 1964 ---_--.--- _-__'?i I am attaching another list which has been prepared, showing the various parcels of property for which exemptions have been re- quested and to our knowledge are eligible for this exemption. This list will be filed with the County Auditor at the time the final Budg- et is presented on or prior to Au- gust 15, 1963. Respectfully submitted, Gilbert D. Chavenelle City Manager Councilman Takos moved that the list be approved. Seconded by Councilman Kean. Carried by the following vote: Yeas -Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays -None. Yeas -Mayor Horgan, Council- men Kean, Ludwig. Pfohl, Takos. Nays -None. Notice of claim of Carol C. Ho. vind, in the amount of $15,000, for personal injuries received as the result of a fall on a defective grate in the street at 13th & Cen- tral Ave. on June 26, 1964, pre- sented and read. Councilman Lud- wig moved that the notice of claim be referred to the City Solicitor for investigation and report. Sec- onded by Councilman Kean. Car- ried by the following vote: Yeas -Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays -None. Printed Council proceedings for the months of January, February, Notice of claim of Linda S. Kelly, March, April, May, 1964 were pre - in the amount of $100., for car sented for approval. Mayor Horgan for damages as the result of running moved that the proceedings the months of January, February, offCarter Road Extension on July March, April, May 1964, be ap 29, 1964, presented and read. Coun- as printed. Seconded by Gilman Ludwig moved that the notice of claim be referred to the proved Councilman Takos. Carried by the City Solicitor for investigation and following vote: report, Seconded by Councilman Yeas -Mayor Horgan, Council- Pfohl. Carried by the followingI men Kean, Ludwig, Pfohl, Takos. vote: Nays -None. _ BUDGET ESTIMATE AND RECORD OF FILING Town and City Estimate NOTICE -The City c•ouncll of Duburlue of I+ul,uque County, Iowa, will meet August 10th. 1964, at ..30 P.M. Daylight Saving Time City Hall. at Taxpayers will be heard for or againnt the following estimate of expenditures for the year beginning January 1, 1965. A detailed statement of receipts sail disbursements, both past and anticipated will be available at the hearing. LEO F. FI;OAII%IF.I,T :91 City Clerk. -- 1 3 1 339,221 I 424.147 1 t:x+•rndllure: tar 1'cat 160,025 I zY 1, rtz 201,707 Street I 24,915 I A Rat year ( Far Yeo Ft!1\Uta 1962 Inas 207,382 1 -0- I 25,000 I 12,6361 I 196,957 1 90:,1,774 S. Y2Y ^ I Aci 289,933 I C I- o^" 59•' 608 I :91 35.000 1 98,840 1 deneral 1171,481 1 295,266 I 339,221 I 424.147 1 37,1+1)0 1 160,025 I zY 1, rtz 201,707 Street I 24,915 I 151,941 1 207,382 1 514,342 1 -0- I 25,000 I 12,6361 I 196,957 1 90:,1,774 Pubuc Safety 1 31,++43 1 996.059 1 I,0ri7,577 11,1.3,731 I 2,000 I 289,933 I 477,276 Sanitatlon , 59•' 608 I :91 35.000 1 98,840 1 187,397 \Im+icl al Later rtes p p I 35,995 I 220,461 1 246,383 1 3"_1,237 1 ]2,100 I 55,580 I 264,753 Recreation 1 37,326 1 292.458 1 3(17,322 I 332,733 I 3.946 I G7R,9bn 1 1'9,499 UUIIUes I 90,358 1 739,130 1 761,620 i 812,39;' I I 1,700 I 256,910 Uebt Service 1 143 I 27l+, 862 I 271, 225 I 2; 8, 610 I -0 - 38,tl io I 50,531 I 259,9Rfi Trust and Agency 1 86,,400 243,'934 1 321,678 1 348,517 1 472,000 1 -D_�- Street (Road Ilse Tax) I ]03,28'2 I 431,!+37 I 398,081 I 481,v.70 I 9,970 1 1 Llquor Profit I33,,605 I, 60,000 1 16508,,+30200 I'aRMetersParII king Lut 187,206 101729 17---,.32o 1 I48,772 15rkln 120 Street (Agri. Land( 120 I� I Tl)TA , 4.0+3,847 15,3U5,501 1 163,316 1 2,23491 12,907,694 • LlquurProfit of 61(1,000 to be through the Public Safety Fund exp "Street (Agr. Land) of 12(1.00 to tended be expended through the Street Fund. x1itltnated Taxes per $1,00(1 Of ase rased value ►35.7097 It. 7/27 •egg Special Session, August 10, 1964 No written objections were filed against the 1965 budget. '.Mayor Florgan moved that the proof of publication be received and filed. Seconded by Councilman Takos. Carried by the following vote: Yeas—Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. Mayor Horgan moved that the rules be suspended in order to let anyone present address the Cuoncil if they so desire. Seconded by Councilman Pfohl. Carried by the following vote: Yeas—Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. Firefighter Wm. Cherrier ad- dressed the Council as a spokes- man for the firemen, policemen and the balance of city workers by stating that the proposed in- crease in wages in the 1965 budget is inadequate. A two and one-half percent wage increase would be approximately $10.00 per month, or $5.26 per pay day. Blue Cross and Blue Shield have just an- nounced a $3.40 per month in- crease in rates which cuts a size- able figure out of a $10.00 per month raise. The starting pay of $378, per month for police and fire is way too low. No one is very much interested in applying for the jobs at such a low starting pay rate. Councilman Pfohl moved that $24,000 and $500. from 153 A Tray. el for a total of $24,500 from River - front Improvement Docks account be deleted. Seconded by Mayor Horgan. The vote on the motion was as follows: Yeas—Councilman Pfohl. Nays—Mayor Horgan, Council. men Kean, Ludwig, Takos. Motion failed to carry. Councilman Pfohl moved that $6120 be deleted from the budget in the General Fund -Planning & Zoning Account for a Junior Plan- ner. Seconded by Mayor Horgan. The vote on the motion was as follows: Yeas—Councilman Pfohl. Nays—Mayor Horgan, Council. men Kean, Ludwig, Takos. Motion failed to carry. Councilman Pfohl moved that $3500. be deleted from the 1865 budget, Miscellaneous General Fund 148C covering approximate cost of the annual report. Second. ed by Mayor Horgan. The vote on the motion was as follows: Yeas—Mayor Horgan, Council- man Pfohl. Nays—Councilmen Kean, Lud. wig, Takos. Motion failed to carry. Councilman Pfohl moved that $18,000 be transferred from the Parking Meter Fund to the Public Safety Fund as was done in pre- vious years. Seconded by Mayor Horgan. The vote on the motion was as follows: Yeas—Councilman Pfohl. Nays—Mayor Horgan, Council. men Kean, Ludwig, Takos. Motion failed to carry. Mr. Richard Upton, Executive Secretary of the Chamber of Com- merce, read a letter from the Chamber Tax Study Committee ap- proving the City Budget as pro- posed for the year 1865. Councilman Kean moved that the City employees be granted an overall 3.3%� wage increase in Place of the 2.5% as proposed by the City Manager. Seconded by Councilman Ludwig. Carried by the following vote: Yeas—Mayor Horgan, Council- men Kean, Ludwig. Nays—Councilmen 11fohl, Takos. Mr. Dominic Goodman, a mem- ber of the Park Board, expressed his thanks as a representative of the Board to the various civic groups such as the Historical So- ciety, Conservation Society, etc. for suggestions and assistance given to the Board. He further stated that any and all suggestions from any group or groups are most welcome at any time. Also serious study should also be given to the pur- chase of park property. He also requested that the $1000 deleted from their original 1965 budget askings be restored for the purpose of purchasing a sign making ma- chine. RESOLUTION NO. 18964 WHEREAS, the Council of the City of Dubuque, caused to be pre- pared and published as provided by law, the BUDGET ESTIMATE Special Session, August 10, 1964 289 OF EXPENDITURES for the fiscal year beg 985 and ending December 31, 1965, and the hearing upon said Budget Es- timate was fixed for the 10th day of August 1964, at 7:30 o'clock P.M. Daylight Saving Time in the Council Chamber at the City Hall; and WHEREAS, this being the time and place for said hearing, said Budget Estimate was taken up for final consideration by the Council and all parties in interest have been given the opportunity to be heard for or against said Budget Estimate. IT IS THEREFORE RESOLVED BY THE CITY COUNCIL FOR THE CITY OF DUBUQUE, IOWA: That the Budget Estimate of Expenditures for the fiscal year beginning January 1, 1965 and ending December 31, 1965, here- tofore prepared and published be and the same is hereby finally approved and adopted and the Mayor and Clerk are directed to certify the same to the County Auditor of Dubuque County, Iowa, together with the verified proof of publication and the notice of hearing upon said Budget Estimate. BE IT FURTHER RESOLVED, that the taxes required to be col- lected in the year be and the same are hereby levied in the amounts of said Budget Estimate. Passed, adopted and approved this 10th day of August 1964. Robert J. Horgan Mayor Richard Ludwig James J. Kean Councilmen Attest: Leo F. Frommelt City Clerk Mayor Horgan moved the adop- tion of the resolution. Seconded by Councilman Kean. Carried by the following vote: Yeas—Mayor Horgan. Council. men Kean, Ludwig. Nays—Councilmen Pfohl, Takos. RESOLUTION NO. 190-64 A Resolution establishing the tax levies for the year 1964, the taxes to be collected in the year 1965, and used for municipal Purposes of the City of Dubuque. BE IT RESOLVED BY T I I F, CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That there be and there is here- by levied the taxes for Municipal purposes for the ensuing year of 1965 of the following number of mills on the dollar of all taxable property within the corporate lim- its of said City. 2.22517 mills for General Fund. 2.51890 mills for Street Fund. 11.27779 mills for Public Safety Fund. 5.96356 mills f or Sanitation Fund. 2.34103 mills for Municipal En- terprise Fund. 3.30740 mills f or Recreation Fund. 1.61775 mills for Utilities Fund. .51080 mills for Fire Pension Fund. .89610 mills for Fire Retire- ment Fund. .50069 mills for Police Pen- sion Fund. .72624 mills for Police Retire- ment Fund. .37790 mills for Federal Social Security. .23611 mills for Iowa Public Employee Retirement. 3.20941 mills for Debt Service Fund. 35.70975 mills Total. BE IT FURTHER RESOLVED that the 1.25 mills on the dollar is hereby levied upon all lots or parcels of land containing ten acres or more which are occupied in good faith and used for agri- cultural or horticultural purposes. BE IT FURTHER RESOLVED that the Mayor and Clerk be and they are hereby directed to certify the sums of money that the said tax levies will produce as shown by the Budget Estimate of Ex- penditures adopted by this Coun- cil on the 10th day of August 1964 to the Auditor of Dubuque County on or before August 15, 1964. Passed, adopted and approved this 10th day of August 1964. Robert J. Horgan Mayor Richard Ludwig James J. Kean Councilmen Attest: Leo F. Frommelt City Clerk 290 Special Session, August 10, 1904 Mayor Horgan moved the adop- tion of the resolution. Seconded by Councilman Ludwig. Carried by the following viae. Yeas—Mayor Horgan, Council- men Kean, Ludwig. Nays—Councilmen Pfohl, Takos. Mr. Jim Flynn of 2798 Oakcrest Drive objected to the lack of co- operation by the Recreation Com- mission relative to the proposed golf course to the north of the City in the Mud Lake area. He requested that a review of golf course planning be made at a public hearing. Mr. Clayton Everman of 1770 Kane St., a representative of the Conservation Society, expressed his thanks for the cooperation extend- ed on various projects. There being no further business Mayor Horgan moved to adjourn. Seconded by Councilman Ludwig. Carried by the following vote: Yeas—Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. Leo F. Frommelt City Clerk Approved November 16 ................................. 1984 Adopted NovemIb 16 , 1 CuunciLnrn: ' �� .................................. Attes�_- ................................ City Clerk Reg»lar Session, September 7, 1964 291 (ITY COUNCIL OFFICIAL. REGULAR SESSION, SEPTEM- BER 7. 1r,84—LABOR DAY. NO MEMBERS OF THE CITY COUNCIL BEING PRESENT UPON ROLI. CALL THE MEETING WAS POSTPONED SUBJECT TO CALL. Leo. F. Frommelt City Clerk Appro%ed D9,geak4P@ 9Q—I964. AdoptedAo.a. Iu w_. City Clerk 292 Adjourned Regular Session, September 8, 1.964 CITY COUNCIL OFFICIAL. Adjourned Regular Session, Sep- tember 8, 1964. Council met at 7:30 P.M. (D.S.T.) Present—Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. City Manager Gilbert D. Chaven- elle. Mayor Horgan read the call and stated that service thereof had been duly made and this meeting is an adjourned meeting of the Regular meeting of September 7, 1964, for the purpose of acting upon such business as may properly come before the meeting. Communication of Dubuque Fed- eration of Labor urging the Council and Park Commission to consider providing a site to be used by trailer tourists, presented and read. Mayor Horgan moved that the com- munication be referred to the Park Board for investigation and early report. Seconded by Councilman Ludwig. Carried by the following vote: Yeas—Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. Communication o f Dubuque Board of Dock Commissioners sub- mitting a resolution passed by their body ratifying the action of the Mayor's Industrial Committee recommending the sale of three acres to Trussdeck Corporation in the Industrial Park, presented and read. Councilman Pfohl moved that the resolution be received and filed. Seconded by Councilman Takos. Carrie:i by the following vote: Yeas — Mayor Horgan, Council- men Kean, Ludwig, Pfohl. Takos. Nays—None. Communication of Mrs. Kenneth C. DeLap of Viroqua Wisconsin showing concern as to the possible disposal of the City Hall and some- what appalled at the lack of senti- mentality as to the preservation of the structure, presented and read. Councilman Takos moved that the communication be received and filed as evidently this particular person has been misinformed. Secorded by Councilman Kean. Carried by the following vote: Yeas — Mayor Horgan, Council. nen Kean, Ludwig, Pfohl, Takos. Nays—None. Communication of Iowa State )epartment of Health stating that complaint has been received from esidents at 1450 Southern Ave. as o undesirable discharge and lrainage from various sources in- �luding a cheese factory, presented nd read. Councilman Ludwig noved that the communication be rferred to the County Board of supervisors as said cheese factory s located in the County and the ;tate be advised of the action :aken. Seconded by Councilman E'fohl. Carried by the following vote: Yeas — Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. communication of Community Services Survey Committee recom- mending the hiring of a full time professional staff member at a suggested amount of $11,000 per annum to be mutually agreeable to the County, City and United Fund, which would mean a sharing expenditure of $3,666.67 per annum for each body, presented and read. Mayor Horgan moved that the com- munication be referred to the Council. Seconded by Councilman Takos. Carried by the following vote: yeas—Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. Communication of Mr. and Mrs. Otto Donath placing the City Solicitor, City Manager, and all Councilmen on notice that they intend to fill in all five of their lots on Marmora Street whether sewers are completed or not, pre- sented and read. Councilman Takos moved that the communication be referred to the City Solicitor. Seconded by Councilman Kean. Carried by the following vote: Yeas — Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. September 8, 1964 Honorable Members of the Dubuque City Council Gentlemen: According to Council Resolution 32-64, I have appointed the follow- ing persons to the Dubuque Com- munity Development Advisory Committee and have designated the Adjourned Regular Session, September 8, 1964 293 Executive Committee and the Public Facilities, Neighborhood and Building Sub -Committees. I request your affirmation of these appointments. Dubuque Community Develop- ment Advisory Committee Hugh Clark. Gregory W. Corken, Charles J. Murphy, Max R. Clark, William J. Croker, Edward W. Ossenkop, Rev. Clarence Raker. Mrs. A. J. Eberhardt, Mrs. R. L. Rafoth, Ken S. Gordon, Jack F. Ehli, Roger J. Rhomberg, Phillip T.. Kelly, Joseph G. Graham. L. J. Schiltz, Francis J. O'Connor, Saul Greenstein, Merlin Schultz, Allen E. Stoltz, Howard Higley. John Sherman, Robert C. Sulli- van, Paul J. Laube, M.J., Nicho,as J. Schrup, Waldo Adams, Richard W Logan, Charles J. Spahn. John D. Amiss, John McDonald 11, Edward 'rurnquist, Frank H. Bertsch, Dr. Richard V. McKay. Dubuque Community Develop- ment Executive Committee Phillip T. Kelly, Temporary Chairman; Max Clark, Hugh Clark, Ken S. Gordon, Francis J. O'Con- nor, Allen Stoltz, Robert C. Suw- van, Rev. Clarence Raker. . Dubuque Community Develop- ment Public Facilities Sub -Com- mittee Frank Bertsch, Temporary Chair- man; Saul Greenstein, Charles Mur. phy, Edward Turnquist, Waldo Adams, Richard Logan, L. J. Schiltz, N. J. Schrup, Dubuque Community Develop- ment Neighborhood Sub -Committee Paul J. Laube, Temporary Chair. man; Mrs. A. J. Eberhardt, Richard McKay, Roger Rhomberg, William Croker, Howard Higley, Mrs. R. L. Rafoth, Merlin Schultz. Dubuque Community Develop- ment Building Improvement Sub - Committee Jack Ehli, Temporary Chairman; John Amiss, John M. McDonald II, John Sherman, Greg Corken, Joseph Graham, Edward W. Ossen- kop, Charles J. Spahn. Respectfully, Robert J. Horgan, Mayor City of Dubu,lue, Iowa Councilman Takos moved affir- mation of the appointments as submitted by the Mayor. Seconded by Councilman Ludwig. Carried by the following vote: Yeas — Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takoa. Nays — None. Mayor Horgan moved that Lloyd L. Peterson be re -appointed to the Airport Commission for a six year term to September 14, 19711. S^conded by Councilman Takos. Carried by the following vote: Yeas — Mayor Horgan, Council. men Kean. Ludwig. Pfohl. Takos. Nays — None. Au^ust 17, 19114 To the Honorable Mayor and City Council, Gentlemen: During the past months many complaints have been received re. ,,arding the buildings located at 12511, 1452 and 1258 Washington Street. I directed the various City Departments to make a complete inspection of these buildings and premises. This. iuspe0ion was made .June 11, 1964 and the following is the report. June 12, 1964 Mr. Gilbert D. Chavenelle "ity Manager, Duburn-, Iowa Dear Sir: On .rune 11, 19K an inspection was made of a two story stone and frame building located at 1250, 1252 and 1258 Washington Street. The part known as 1258 Wash- ington Street has been vacant for some time, the parts 1250 and 1252 Washington Street will be vacant very soon as the owners are moving to �k new location. The legal description is as follows: 1250 Washington. Lot 1 of Lot 1 of Lot 129 East Dubuque Addition owned by Theodore E. and Mary E. Peterson. 1252 Washington. Lot 2 of Lot 1 of Lot 129 East Dubuque Addition owned by John F. and Marianne Yager. 125R Washington, Lot 2 of Lot 129 East Dubuque Addition owned by La Vern and Leonard Sindt. This building has been allowed to deteriorate through weather, van- dalism and lack of repair and main- tenance to an extent that same has become a detriment to the neigh- borhood, a hazard to adjoining owners, an attractive nuisance for children and vandals and a very ?94 Adjourned Regular Session, September 8, 1984 definite fire hazard to the general' (10) days notice to dismantle the neighborhood. buildings and clean up the 1 Windows are broken, frames are I premisesYours very truly, missing, porches and steps are rotten, steps missing, the wo ing is Gilbert D. Chavenelle, open in places, fixtures are missing, City Manager the plumbing fixtures are old and This notice has not been com- dilapidated. plied with and I recommend to the 'rhe owners have been contacted Citycil that the provisions and do not feel that the necessary Ordinance 52 enforcedf repairs and rebuilding would be and that the owners of said build. feasable because the building is ings located at 1250, 1252 and beyond ordinary repair. 1258 Washington Street and being The conditions that exist today on Lot 1 of Lot 1 of Lot 129 East a:e serious, a health hazard. detri- Dubuque Addition, 1250 Washing. ton Street owned by Theodore E. mental and a hazard to all the im- and Mary Peterson, Lot 2 of Lot 1 mediate area and eatremel; un- attractive to the general public. of Lot 129 East Dubuque Addition, We recommend that immediate 1252 Washington Street owned by John F. and Marianne Yager, and action be taken to rectify this Lot 2 of Lot 129 East uuouque dangerous condition. Donald J. Bandy, Addition, 1258 Washington Street Building Commissioner owned by La Vern and Leonard Chef Tb-- C. Hickson, Sindt, in the City of Dubuque, Iowa, dismantle said build- Fire Chief be required to Artnur w ings and clean up the premises. —cr, Sanitary Inspector Respectfully submitted, After receiving this report I Gilbert D. Chavenelle, personally inspected the premises. City Manager As a result of this inspection on Councilman Takos moved that Jure 17, 1964 I prepared the fol. the recommendation of the City Manager be approved. Seconded lowing notice. by Councilman Ludwig. Carried by NOTICE the following vote: Theodore E. and :Vary E. Peter- Yeas—Mayor Horgan, Council. son, 1250 Washington St., Dubuque, m, -,n Kean, Ludwig, Pfohl, Takos. Iowa Nays — None. John F. and Marianne Yager, August 17, 1964 1252 Washington St., Dubuque, To the Honorable Mayor Iowa and City Council, La Vern Sindt, 2306 Central Ave" Gentlemen: Dubuque, Iowa During the past months many Leonard Sindt, Boleyn Road, complaints have been received Dubuque, Iowa retarding the buildings located at I have per3onaily inspected the 2555 Elm Street. building known as I directed the various City De - 1250 Washington Street and partments to make a compieLe in - located on Lot 1 of Lot 1 of Lot 129 spection of these buildings and Fast Dubuque Addition. premises. This inspection was made 1252 Washington Street and June 11, 1984 and the following is located on Lot 2 of Lot 1 of Lot the report. 129 East Dubuque Addition. June 12, 1984 1258 Washington Street and Mr. Gilbert D. Chavenelle located on Lot 2 of Lot 129 East City Manaver Dubuque Addition, Dubuque, Iowa and find the conditions as they Dear Sir: have been reported to me by the On June 11, 1964, an inspection Building Commissioner, Sanitary was made of a two story frame Inspector and the Fire Chief, sub• and stucco residence building and stantially correct. A copy of whose additions thereto and outbuildings report is hereto attached and by located at 2555 Elm Street on the reference made a part hereof. North % of Lot 59 and the South According to City Ordinance No. 117' of Lot 58 E. Langworthys Ad. 35.52, you are hereby given ten dition, owned by Paul J. Strotz. Adpmirtted RcCtt':.tt SC'0r011. SC1►tr1111-c•t S, lilk�4 :;YS The base is aid and has been allowed to deteriorate tkv-iuse of lack of maintenance_ The window frames and si ll are rotten c tm• neys are disinte-grated in danger of c;a.:ap;e There is nmi vitr:ng or plur.:bing in the bui:ding The ,additions to the side and rear are part frame and sbeet metal The sides a: a coltal)�ing, roof is sagging and falling in al- most -most all of its parts. The small buildings to the front are o:d and dt.apidated. The conditions that are present of;cr a very definite fire harard. A breeding place for rats and ez- tr �mely unattractive building and :beds and a detriment to the im- mediate area. We recommend that immediate action be taken to rectify this ccndition. Donald J Bandy. Building Commiss toner Chief Tho:. C. Hickson. Fire Chief Arthur 'iilier. Sanitary Inspector After ieceiving this report 1 p,rsonally inspected :he prPniises. As a result of this inspection on June 17. 1964 I prepared the fol• lowing notice. June 15, 1964 NOTICE Paul J. Strotz I have personally inspected the buildin,; and outbuildings krown as 2555 Elm Street, on the North 'r4 of Lot 59 and the Siuth 17 ut Lot 58 E. Langworthys Addition and find the condit.ons as uiey have been reported to me by the Building Commissioner. Sanitary Inspector and Fire Chief, sub- stantially correct. A copy of whose report is hereto attached and by reference made a part hereof. According to City Ordinance No. 35-52, you are hereby given ten (10) days notice to dismantle the buildings and clean up the premises. Yours very truly, Gilbert D. Chavenelle, City Manager This notice has not been com- plied with and I recorr,mcnd to the City Council that the provisions of Ordinance No. 35-52 be enforced and that the owner of said build- ings located at 2555 Elm Street and l..rr r•. ;he North is of 1,►t &4 the South Seventeen feet of Iw,t 5S F: Add:t:oa o.►ned by Paul J. Strou in the Cjkv of Dubuque. Iowa, be rNutrrd to d.sman;i; said biuldi4' an.t cieau up the premises. Respectfully sumutted. Gilbert 1) Cha- enelle. City Hanalei ,. ounctinian Ludatg moved that tie recomnit•ndation of the City `.l,r.a,cr h; apuroved. Seconded by C un.•iiman Pfohl Parried by the following vote: Ye.is — Mayor Horgan, council. r, -n Kean. Ludwig, 1'fohl, Takes. Nay: — None. August 1& 1964 To :he Honorable Mayor and i rty Council. G. ntlemen: In accordance with Ordinance No. 5156 I recommend that the Pity Council approve the transfer frovi the General Special Assess- ment Fund to the various JUer,ai :k:: cssment Funds listed below wnich have a Debit Balance. Ail unprovement Bonds issued in Con- nection with these improvements ha; a been redeemed and all install- ments of these assessments have bren paid and credited. Name of Street Fund and Type No. of Improvement Amt. 1114 Southern Avenue Surfacing $113.63 1171 Grandview Avenue Boulevard Lights 5.66 'Total Debit Balances to be transferred from the General Special Assess- ment Fund III 119-!9 Respectfully submitted, Gilbert D. Chavenelle City Manager Councilman Kean moved that the recommendation of the City MLna.ger be approved. Seconded by Couacilman Takos. Carried by the following vote: Yeas—Mayor Horgan, Council - 1)1,,,n Kean, Ludwig, Pfohl, Takes. Nays — None. August A 19" To the Honorable Mayor and City Council, Gentlemen: In accordance with Ordinance No 51.56 I recommend that the City Council approve the transfer Regular Session, September 8, 1964 298 Adjourned Balances in the fol- by the Publisher, of Statement of of the Credit Assessment Funds Receipts and a list of claims for lowing Special Special Assessment which warrants were issued during to the General All Improvement Bonds the month of July 1964, presented Fund. with these im- t apt akosionved and read.Councilman issued in connection provements have been redeemed he proof that be received and filed. Seconded by and all installments of the assess- the improvements have CouncilmanKean. Carried by the ments for and credited. ng been paid Yeas—Mayor Horgan, Council. Name of Street men Kean, Ludwig, Pfohl, Takos. Fund and Type Nays — None. No. of Improvement Amt. September 1, 1964 1138 Rowan Street Sur- To the Honorable Mayor facing 1,269.54 and City Council, 1153 Kaufmann Avenue Gentlemen: Surfacing 283 67 ; will be attending an Urban 1169 English Lane Sanitary Policy Conference at the Univer• w 148.30 Seer sity of Iowa, Iowa City, on Friday 1174 Pennsylvania Avenue and Saturday, September 25th and Curb and Gutter 28D.34 26th, also the International City 1176 Bunker Hill Sanitary Managers' Conference in Chicago Sewer 3.71 from September 27th to October 1172 Garfield Avenue—West Ist. Side Curb and Gutter 46.83 I request that City Clerk Leo F. Frommelt be authorized to sign Total Credit Balance to be transferred to Gen- eral Special Assess - Went Fund $2,032.42 Respectfu:ly submitted, Gilbert D. Chavenelle City Manager Councilman Kean moved that the recommendation of the ( ty Manager be approved. S?conded by Tglayor Horgan. Carried by the following vote: Yeas—'.Mayor Morgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays — None. August 20, 1964 To the Honorable Mayor and City Council Gentlemen: I herewith submit reports of the City Auditor, City Treasurer, City Health Department and City Water Works for the month of July, as well as a list of claim and payrolls for which warrants were issued for the month of duly, 14Q4. Respectfully submitted, Gilbert D. Chavenelle City Manager Councilman Takos moved the repprts be received and filed. Seconded by Councilman Pfohl. Carri^d by the following vote: Ycas--Mayor ilurgaii (4onncil- nr it Kean, Ludwig, Pfuhl. Takos. Nays — None. Proof of Publication, certified to warrants and routine papers on behalf of the city during my absence. Respectfully submitted, Gilbert D. Chavenelle, City Manager Councilman PIohl moved that the request of the City Manager be approved. Seconded by Counc.lman Kean. Carried by the following vote: Yeas —Mayor Horgan, Council. mcn Kean, Ludwig, Pfohl, Takos Nays — None. September 4, 1964 To the Honorable Mayor and Oily Council, Gentlemen: This is to advise that I have approved the following bonds and policies and desire to have your approval on same, subject to the arproval of the City Solicitor: SIDEWALK Richard blagnall — Bond No. M 34 24 17, Insurance Co. of North America. Arthur A. Hartmann, dibla Hart- mann Construction Co. — Com- mercial Union Ins. Co. Charles Sharkey — Transamerica Ins. Co. F'.roy J. Hinz, d'bla Fl—, •1• Hinz Construction Co. — Bond No. L & P 27236, Western Su1 1v ( ) Ellwood J. Gatton -- Bond No. L & P 27245, Western Surety Co. Adjourned Regular Session. September 8_19(A 297 Edwin J. Koerperick -- Bond No. 617139, Western Surety Co. Merlin Gocrdt, d Wa Goerdt Ex- cavating—Merchants Mutual Bond- ing Co. EXCAVATION Donald L. otimert--Policy No. CL 637-307, American States Ins. Co. Walter Wilhelm—Policy No. CL 637283, American States Ins. Co. Louis Buechel—Policy No. CGA 310717, U. S. Fidelity & Guaranty Co. Respectfully submitted, Gilbert D. Chavenelle, City Manager Councilman Kean moved that the bonds and policies be filed subject to the approval of the City Solicitor. Seconded by Councilman Takos. Carried by the following vote: Yeas—Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays — None. September 4, 1964 To the Honorable Mayor and City Council Gentlemen: At a regular meeting of the Plan- ning and Zoning Commission held on September 3. 1964 the follow- ing action was taken: That the annexation request of Mettel Realty and Investment Com- pany to annex a strip of land along John F. Kennedy Road known as Lot 2 of Lot 1 of the Southeast Quarter (SE'o) of the Southeast Quarter (SEi,4), Section, twrnty-01W (21), Township 89 North, Range 2 Fast of the 5th P.M., Duuuyuv County, Iowa, containing 5.053 acres, more or less be approved. Respectfully submitted, Dubuque City Planning and Zoning Commission By Frank J. Glab, Secretary Councilman Takos moved that the recommendation of the Com. mission be approved and referred to the City Solicitor for proper proceedings. Seconded by Council. man Kean. Carried by the follow- ing vote: Yeas -_ Mayor Horgan. Council- men Kean, Ludwig, Pfohl, Takos. Nays — None. September 4, 1964 To the Honorable Mayor and City Council Gentlemen: At a regular meeting of the Planning and 'Zoning Commission held on September 3, 1964 the fob lowing action was taken: That the annexation petition of the Congregation of The Dubuque Bible Church to annex their pro- perty on Pennsylvania Avenue to the City of Dubuque be approved. Respectfully submitted, Dubuque City Planning and Zoning Commission By Frank J. Glab, Secretary Councilman Kean moved that the recommendation of the Com- mission be approved and referred to the City Solicitor for proper proceedings. Seconded by Council- man Pfohl. Carried by the follow- ing vote: Yeas — Mayor Horgan, Council. men Kean, Ludwig, Pfohl, Takos. Nays — None. September 4, 1964 To the Honorable Mayor and City Council Gentlemen: It has been apparent for some time that the City of Dubuque is developing toward the west, south- west and northwest of the present city limits. Generally such develop- ment has followed the existing county roads and has been depend- ent upon the availability of sewer and water service provided by the City following annexation. The growing sprawl of resi- dential and commercial uses to the west and southwest is an in- dication that specific guidance is m�eded to control the development of land for urban uses in the interest of the public health, safety and general welfare. The land in this area is well suited for immediate development and can be adequately served by ex- tension of the existing water mains and sanitary sewer trunklines. It is the desire of the Planning and Zoning Commission to extend the city boundary and the Master Plan to accomplish the following purposes: (a) To guide and direct the orderly and progressive ex- panaion of reside.4tial, com- 294 Adjourned Regular Session, September $_ 196-1 mercial and other land uses; and (b) to provide for the long term growth of this area by pro- viding the community facili- ties necessary in an urban environment. It is obvious that planning must always be done in advance of actual need in order to provide adequate traffic circulation, utilities such as sanitary sewers, water supply and Ftorm drainage, school sites and recreation areas, and the other amenities needed to correlate the development. for maximum benefit to the community at large. For these reasons the Planning and Zoning Commission recom. mends the annexation to the City of Dubuque of the areas to the west, southwest and northwest of the present city boundary accord- ing to the map and legal descrip- tion attached to, and made a part of, this communication. Respectfully submitted, Dubuque Planning and Zoning Commission Owen Riley, Chairman Councilman I'fohl moved that the recommendation be referred to the Council for consideration at a meeting to be held on September 21, 1964. Seconded by Councilman Ludwig. Carried by the following vote: Yeas—Mayor Hcrgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays — None. Councilman Takos moved that the rules be suspended in order to let anyone present address the Council if they so desire. Secondel by Councilman Ludwig. Carried by the following vote: Yeas—Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. Mr. Earl Bock stated that he is vitally interested in the annexa- tion program, and as a result was shown the proposed area to be annexed. Notice of claim of Mary Francois, in an unspecified amount, for per. sonal injuries received in a fall on the south side of Second Street on July 6, 1964, presented and r e a d. Councilman Takos moved that the notice of claim be re- ferred to the City Solicitor for Investigation and report. Seconded by Councilman Pfohl. Carried by the following vote: Yeas—Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. Notice of claim of Evelyn Riedel, in an unspecified amount, for per- sonal injuries received in a fall on a defective street intersection at lith and West Main on July 25, 1964, presented and read. Council- man Takos moved that the not:ce of claim be referred to the City Solicitor for investigation and re- port. Seconded by Councilman Pfohl. Carried by the following vote: Yens—Mayor Horgan, Council- men Kean. Ludwig, Pfohl, Takos. Nays—None. Notice of claim of Wilson Bros. in the amount of $70.00 for damage to cars parked at 5th & Central that were sprayed with tar in the process of surfacing the street on August 25, 1964, presented and r e a d. Councilman Takos moved that the notice of claim be re- ferred to the City Solicitor for investigation and report. Seconded by Councilman Pfohl. Carried by the following vote- Yeas—Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. Notice of claim of Leo P. Grutz, in the amount of $32.50, for car damage as the result of said car being sprayed with tar in the process of surfacing the street near the 6-12 parking lot on Au- gust 14, 1964, presented and read. Councilman Takos moved that the notice of claim be referred to the City Solicitor for investigation and report. Seconded by Councilman Pfohl. Carried by the following vote: Yeas—Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. Notice of claim of Mrs. Helen K o e n e c k e, in an unspecified amount, for injuries received in a fall at the south end of Haw. thorne Street on July 8, 1964, pre- sented and read. Councilman Takos moved that the notice of claim be referred to the City Solicitor for investigation and report. Sec- onded by Councilman Pfohl. Car- ried by the following vote: Yeas—Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. Adjourned Regi lar Session, September 8, 1964 299 September 2, 1964 lion. Mayor & City Council Re: Mrs. Clara Schill Gentlemen: On October 4, 1962, Clara Schill commenced action in the District Court of Iowa, in and for Dubuque County against the City of Du- buque, claiming damages in the amount of $15,000.00 for personal injuries suffered as a result of a fall in the public walk in front of premises at 1157 Central Ave- nue, claiming a defect thereat and as a result of which defect Clara Schill claimed she fell on the 11th day of July, 1962, suffering per- sonal injuries. I have made an investigation of this matter and have resisted said action in the District Court of Iowa and on behalf of the City of Dubuque and the matter getting ready for trial, plaintiff has made an offer of settlement in t It e amount of $2,176.90 being the exact cost of hospital and doctor bill, a copy of which respective hospital bill and doctor bill is attached hereto. S a i d Clara Schill suffered a fracture to the right hip; a full copy of medical report is hereto attached. It is the recommendation of the City Attorney that said offer of settlement be accepted and that the City Auditor be instructed to draw a warrant payable to Francis H. Becker, attorney for Clara Schil, and deliver same to t h e City Attorney for transmittal upon re- ceipt of proper releases and dis- missals. Respectfully submitted, R. N. Russo City AttorIley Councilman Takos moved that the recommendation of the City Solicitor be approved and the Auditor instructed to issue a warrant in the amount of $2,176.90 to Francis H. Hecker, attorney for Clara Schill. Seconded by Council- man Kean. Carried by the follow- ing vote: Yeas — Mayor Horgan. Council- men Kean, Ludwig, Pfohl, Takos. Nays — None. ORDINANCE NO. 30.64 An ordinance establishing a grade on the alley section be- tween Cummins Street and Bel. mont Street from Rose Street to Loras Boulevard, presented and read. Councilman Pfohl moved that the reading just had be considered the first reading of the Ordinance. Seconded by Councilman Takos. Carried by the following vote: Yeas—Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. C'aun(ilman Pfohl moved that the rule be suspended requiring an Ordinance to be read on three separate days. Seconded by Coun- cilman Takos. Carried by the fol- lowing vote: Yeas—Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. Ordinance No. 90.14 An Ordinance establ.shing n grade on rhe alley section between C u m in i it a Street and Belmont Street, from Rose Street to Luras Boulevard. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE: Section 1. That a grade on the alley between Cummins Street and Beimont Street, fn,m Bore Street to Luras Boutevarcl in hereby estab- lished an,i adopte.l tie shown on Prorile No. 1547. Bench mark: point or arrow on fire hydrant at No. 847 Rose Street Elevation 849.9i. Said grade begins at 0+00, the north property line of Rose Street, with alley elevation of 848.6-1: thence to station 2+25 which Is PVC. with aIle), elevation of 833.3n; thence to station 2+50 witch is I'A'A. with alley eleva- tion of 881.40 thence to station �{ .5 which Is P.V.T. and P.V.C. with alley elevation of 829.10; thence to station 3+00 which Is P.V.I. with alley elevation of 827.10; thence to station 3+25 which in P.V.T, with alley elevation of 8:6.10; thence to station 4+91.46 the south property line of Loras Boulevard with alley elevation of 822.90. Section 2. Vcis Ordinance shall be In full force and rffe,•t Immedintely upon Its final pHssage, adopison and publlention as provided by law. Passed ,adopted, and approved this Rth day of September, 1964. Robert J. Horgan Mayor Richard Ludwig Peter J. Takos Eldon A. Pfohl James J. Kean Councilmen Attest: Leo F. Fromrnelt City Clerk Published officially In the Tele- graph Herald n,wslurper this 11th day of S,y,tentber 1964. Leo F Frommelt City Clerk. It 9-11 Councilman Pfohl moved the adoption of the Ordinance. See- 400 Acliourned Regular Session, September 8, 1964 onded by Councilman Takos. Car- ried by the following vote: Yeas—Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. Petition of I.ange's Insurance Agency requesting release of a sidewalk construction bond issued to Vincent T. Ryan d ib/a Ryan Tree & Landscape S^rvice, presented and read. Councilman Takos moved that the request and release be granted 'providing there are no outstanding claims. Seconded by Councilman Kean. Carried by the following vote: Yeas—Mayor Horgan, Council- men Kean, Ludwig, Pfohl. Takos. Nays—None. Petition of Schiltz Construction Co. requesting the installation of street lights on Megean street in Sunset Park, presented and read. Councilman Ludwi; moved that the petition be referred to the City Manager and Electrical In- spector for investigation and re- port. Seconded by Councilman Tak- os. Carried by the following vote: Yeas—Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. Petition of Peoples Natural Gas requesting permission to excavate in Davis Avenue between Windsor Ave. & Mt. Calvary presented and read. Councilman Takos moved that the request be granted. Sec- onded by Councilman Pfohl. Car- ried by the following vote: Yeas—Mayor Morgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. Petition of Peoples Natural Gas requesting permission to excavate in Second Street between Main & Locust, presented and read. Coun- cilman Takos moved that the re- quest be granted. Seconded by Councilman Pfohl. Carried by the following vote: Yeas—Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. Petition of Louis Buechel re- questing renewal of his excavation permit, presented and read. Coun- cilman Takos moved that the re- quest be granted. Seconded by Councilman Kean. Carried by the following vote: Yeas—Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos, Nays—None. Petition of T. J. Lyons et al, a group of residents from Zwingle, LaMotte, Bernard and Bellevue re- questing the City of Dubuque to return to Standard Time on Au. gust 31, 1964, presented and read. Councilman Takos moved that the petition be received and filed. Sec- onded by Councilman Pfohl. Car- ried by the following vote: Yeas—Mayor Horgan, Council- men Kean. Ludwig, Pfohl, Takos. Nays—None. Several citizens present ad- dressed the Council realtive to the change in time. One suggested that the issue again be placed on the ballot to let the people decide. It was explained from the chair that Federal legislation is now in prog- ress that may remedy the situa- tion and no doubt it will also be considered at the next session of the Iowa Legislature. September 8, 1964— Introduced by Councilman Eldon A. Pfohl RESOLUTION 211.64 WHEREAS — the three month period of June, July, and Au?ust for Daylight time was observed in Dubuque in 1963, after a vote by the people favoring daylight time as such, and WHEREAS — the Post Office, which delivers orders to the facto- ries of Dubuque, is on Central Standard Time, and WHEREAS—approximately 75% of the State of Iowa will return to Standard Time on September 8, and WHEREAS — parents encounter difficult and unsafe conditions with t h e i r children under Daylight Time, and WHEREAS — the surrounding farm territory, which is a vital part of the economy of Dubuque, is adversely affected by a prolonga- tion of Daylight Time, and WHEREAS — much confusion and chaos in general exist across the whole State of Iowa on account of Daylight Time THEREFORE BE IT RESOLVED That the City of Dubuque return to Central Standard Time as of midnight, September 8, 1964, and that all necessary actions be taken Adjourned Regular Session, September 8, 1964 301 by the administrative staff to ac- complish this end. PaFsed, adopted and approved this 8th day of September 1984. Mayor Councilmen Attest: City Clerk Councilman Pfohl moved t h e adoption of the resolution. The mo- tion was lost for lack of a second. Petition of United Fund Public Relations Chairman requesting the erection of "UNITED WAY" street signs on Main Street during the United Fund "Fair Share" cam- paign, presented and read. Council- man Kean moved that the petition be granted. Seconded by Mayor Horgan. Carried by the following vote: Yeas—Mayor Horgan. Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. Petition of John Kreiman et al requesting the erection of a street light on Hickson Street, presented and read. Councilman Kean moved that the petition be referred to the City Manager and Electrical Inspector for investigation and re- port. Seconded by Councilman Pfohl. Carried by the following vote: Yeas—Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. Petition of Dubuque Sports Bowl requesting a refund of $100. on the unexpired portion of Class B beer permit No. 51, presented and r e a d. Councilman Takos moved that the refund be granted and the Auditor instructed to issue Proper warrant. Seconded by May- or Horgan. Carried by the follow- ing vote: Yeas—Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. Petition of Marionette Tindell requesting a refund of $100. on the unexpired portion of Class B beer license No. 28, presented and r e a d. Councilman Takos moved that the refund be granted and the Auditor instructed to issue proper warrant. Seconded by May- or Horgan. Carried by the follow- ing vote: Yeas—Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. Petition of Marionette Tindell requesting a refund of $75. on the unexpired portion of cigarette License No. 203, presented and r e a d. Councilman Takos moved that the refund be granted and the Auditor instructed to issue proper warrant. Seconded by May- or Horgan. Carried by the follow- ing vote: Yeas—Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. Petition of David L. Hammer attorney for Mary B. Bauman es- tate requesting a refund of an erroneus charge for an auction- eer's license in the amount of $5.00, which charge according to the ordinance is not applicable for the auctioneering of goods in an estate, presented and read. Council- man Takos moved that the refund be granted and the Auditor In- structed to issue a warrant payable to Michael E. Cahill, Executor of the estate of Mary B. Bauman, deceased. Seconded by Councilman Ludwig. Carried by the following vote: Yeas—Mayor Horgan, Council. men Kean, Ludwig, Pfohl, Takos. Nays—None. Petition of John P. Hemmer, requesting a refund of $150. on the unexpired portion of Class B. beer license No. 86, presented and read. Councilman Takos moved that the refund be granted and the Auditor instructed to issue proper warrant. Seconded by Coun- cilman Kean. Carried by the fol- lowing vote: Yeas—Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. Petition of John P. Hemmer requesting a refund of $75.00, on the unexpired portion of cigarette No. 238, presented and r e a d. Councilman Takos moved that the refund be granted and the Auditor instructed to issue proper war- rant. Seconded by Councilman Kean. Carried by the following vote: Yeas—Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays—None. :302 Adjourned Regular Session, September 8, 1964 Petition of Milton J. Delaney requesting a refund of $150. on the unexpired portion of Class B beer permit No. 90, presented and read. Councilman Takos moved that the refund be granted and the Auditor instructed to issue warrant. Seconded by Councilman Kean. Carried by the following vote: Yeas—Mayor Horgan, Council. men Kean, Ludwig, Pfohl, Takos. Nays—None. Petition of Milton J. Delaney requesting a refund of $75.00 on the unexpired portion of cigarette license No. 265, presented and read. Councilman Takos moved that the refund be granted and the Auditor instructed to issue the proper warrant. Seconded by Councilman Kean. Carried by the following vote: Yeas—Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays — None. Proof of Publication, certified to by the Publisher, of Notice of public hearing to consider proposal to dispose of interest in Lot IA T. McCraneys Addn. to Pauline L. and William D. Gross for $75000 and I.ot 2A T. McCraneys Addn. to Rosella F. Jasper for $750. pre- sented 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 Takos. Carried by the following vote: Yeas—Mayor Horgan. Council- men Kean, Ludwig, Pfohl, Takos. Nays — None. RESOLUTION NO. 191.64 WHEREAS, pursuant to resolu- tion and published notice of time and place of hearing, City Council of Dubuque met on the 8th day of September, 1964, at 7:30 o'clock P.M. (Daylight Saving Time), in the City Council Chamber in the City Hall, Dubuque, Iowa, to con- sider the proposal to dispose of certain real estate at which hear. ing all interested persons were afforded an opportunity to be heard for or against such proposal and which real estate is described as follows, to -wit: Lot lA of T. McCraney's Addi- tion in the City of Dubuque, Iowa, (vacated M a r s h a l l Street): and WHEREAS, City Council of Du- buque, lova, overrruled any and all objections, oral or written, to the proposal to dispose of the interest of the City of Dubuque in the above described real estate to Pauline L. Gross and William D. Gross, for the sum of 5750.00 plus one-half cost of publication. NOW THEREFORE Be It Re- solved By The City Council Of The 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, towit: Lot 1A of T. McCraney's Ad- dition in the City of Dubuque, Iowa, vacated Marshall Street), for the sum of $750.00 plus one- half of the costs of publication, be and the same is hereby approved as it is in the best public interest. Saction 2. That the Mayor and City Clerk are hereby authorized and empowered to execute the Quit Claim Deed of City of Dubu- que, conve' ing to Pauline L. Gross and William D. Gross, all of its right, title and interest in and to the hereinabove described real estate and to deliver the same upon receipt of the purchase price of $750.CO and payment of one- half of the 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. Passed, adopted and approved this 8th day of September, A.D., 1964. Robert J. Horgan Mayor Richard Ludwig Peter J. Takos Eldon A. Pfohl James J. Kean Councilmen Attest: Leo F. Frommelt City Clerk Councilman Takos moved the adoption of the resolution. Second- ed by Councilman Ludwig. Carried by the following vote: Yeas — Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays — None.