1965 March Council Proceedings
49
You will note that your Commis-
sion held a total of twenty-two (22)
meetings during 1964 and acted
upon or COllSidered over fifty dif-
ferentitems of business. Consider-
able time was spent in viewing
areas proposed for rezoning, sub-
dviding or annexation in order to
be completely familiar with the
areas and !be problems involved.
Your Commission is happy and
pleased with the opportunity of
serving the City Council and we
trust that we have helped, in some
small way, to make this a bettcr
community in which to live.
The Commission is gratified with
the cooperation of the Council in
concurring with our many recom-
mcndations regarding the future
planning and development of Du-
buque.
Respectfully submitted,
DUBUQUE CITY PLAN-
NING AND ZONING
COMMISSION
Frank J. Glab, Secretary
Councilman Pfohl moved that the
reports be reccived and filed. Sec-
ondcd by Councilman Ludwig. Car-
ried by the following vote:
Yeas - Mayor Horgan, Council-
men Kean, Ludwig, Pfohl, Takas.
Nays-None.
February 23, 1965
To the Honorable Mayor
and City Council
Gentlemen:
I herewith submit reports of the
City Auditor, City Treasurer, City
Health Departmcnt and City Watcr
Works for thc month of January, as
well as a list of claims and pay-
rolls for which warrants were is-
sued for the month of January,
1965.
Also, I submit the annual reports
of the City Auditor and City Treas-
urer for the fiscal year beginning
January I, 1964 and ending Decem-
ber 31, 1964.
Respectfully submitted,
Gilbert D. Chavenelle,
City Manager
Councilman LUdwig moved that
the report be received and filed.
Seconded by Councilman Pfohl.
Carried by the following vote:
Yeas - Mayor Horgan, Council-
men Kean, Ludwig, Pfohl, Takos.
Nays-None.
I, 1965
Session, March
Mayor IIDrgan read the call and
stated that service thereof had
been duly made and this is the
Regular monthly mecting called for
the purpose of acting upon such
business as may properly come be-
fore the meeting.
Mayor Horgan presented the
Nathan Hale award to boy scouts
Wesley Eller and Jerry Hutchin.
son.
Communication of Mrs. Robert
Jones of 861 Alpine St. thanking
the Council for their services to the
community and commending them
also on the action taken relative
to the lengthening of parking
meter time and the construction of
the parking ramp, presented and
r~ad. Councilman Takos moved
that. the communication be received
and filed. Seconded by Council-
man Kean. Carried by the follow.
iQg votc:
Yeas - Mayor Horgan, Council-
men Kean, Ludwig, Pfohl, Takos.
Nays-None.
CITY COUNCIL
Communication of Mr. and Mrs.
Willard Farr of 1800 Lombard St.
objecting to the new extended
parking meter time arrangement in
the downtown area, presented and
read. Councilman Pfohl moved
that the communication be received
and filed. Seconded by Councilman
Takas. Carried by the following
vote:
Yeas - Mayor IIDrgan, Council-
men Kean, iAIdwig, Pfohl, Takas.
Nays-None.
February 25, 1965
To the IIDnorable Mayor
and City Council
Gentlemen:
In compliance with Ordinance
No. 26-29 the Planning and Zoning
Commission herewith submits its
annual.report for your information
and consideration.
I,
p.m.
Present-M.yor Horpn, - COUftoo
cUmen K.an, Ludwio, PfDhl, Ta-
..... City Manager Gilbert D.
Chay_lIe.
March
7:30
Regular
OFFICIAL
Session,
at
met
Rotular
1965.
Council
{C.S.T.l
48 Special Session, February 5, 1965
- There being no further business
Mayor Horgan moved to adjourn.
Seconded by Councilman Takas.
Carried by the following vote:
Yeas - Mayor Horgan, Council-
men Kean, Ludwig, Pfohl, Takas.
Nays - None.
Leo F. Frommelt,
City Clerk
Approved . ...........................1965
Adopted ..... ................1965
....................
....................
Councilmen ....................
...................'
...................
Attcst: ...................
City Clerk
51
port. Seconded by Councilman Ta-
kas. Carried by the following vote:
Yeas - Mayor Horgan, Council-
men Kean, Ludwig, Pfohl, Takas.
Nays-None.
Notice of claim of Carl E. Heim,
in the amount of $55.88, for car
damage as the result of being
struck by a fire engine at Central
and Kaufmann on February 11,
1965, presented and read. Council-
man Kean moved that the notice
of claim be referred to the City
Solicitor for investigation and re-
port. Seconded by Councilman Ta-
kas. Carried by the following
vote
Yeas - Mayor Horgan, Council.
men Kean, Ludwig, Pfohl. Takas.
Nays-None.
Notice of claim of Francis T.
Kohl, in an unspecified amount,
for persona] injuries received in
a fall on an icy walk and curb at
11th & Jackson Street on January
23, 1965, prcsented and read.
Councilman Kean moved that the
notice of claim be referred to the
City Solicitor for investigation and
report. Seconded by Councilman
Takas. Carried by the following
vote:
Yeas - Mayor Horgan, Council-
men Kean, Ludwig, Pfohl. Takas.
Nays-None.
Notice of claim of Leo A. Stef-
fen, in the amount of $33.77, for
expense incurred as the result of
a backed-up sewer at 2541 Central
Avenue, presented and read. Coun-
cilman Kean moved that the no-
tice of claim be referred to the
City Solicitor for investigation
and report. Seconded by Council-
man Takas. Carried by the fol.
lowing vote:
Yeas - Mayor Horgan, Council
men Kean, Ludwig, pfohl, Takas
Nays-None.
Councilman Kean moved that
the recommendation of the City
Manager be approved. Seconded
by Mayor Horgan. Carricd by the
following vote:
Yeas - Mayor Horgan, Council-
men Kean, Ludwig, Pfohl, Takas.
Nays-None.
N oUce of claim of Mrs. Irene R.
Fransen, in an unspecified amount,
for personal injuries received in
a fall at the southeast corner of
12th and Ccntral on February 9,
1956, presented and read. Council-
man Kean moved that the notice
of claim be referred to the City
Solicitor for investigation and re-
port. Seconded by Councilman Ta-
kas. Carricd by the following vote:
Yeas - Mayor Horgan, Council-
men Kean, Ludwig, Pfohl, Takos.
Nays-None.
Notice of claim of Orville F.
Potter, in the amount of $50.00,
in behalf of Karen Potter, a minor,
for injuries received by said mi-
nor in a fall in thc C.G.W.R.R.
crosswalk at East 14th Street on
February 2, 1965, presented and
read. Councilman Kean moved that
the notice of claim be referred to
the City Solicitor for investigation
and report. Seconded by Council-
man Takas. Carried by the follow-
ing vote:
Yeas - Mayor Horgan, Council-
men Kean, Ludwig, Pfohl. Takos.
Nays-None.
March 1, 1965
John Luber, United States
and Guaranty Company
Thos. Flynn .Coal Company,
land Casualty Company
Conlon Construction Co., Maryland
Casualty Company
Respectfully,
Gilbert D. Chavenelle,
City Managcr
Councilman Takas moved that
the bonds and policies be filed sub-
ject to the approval of the City
Solicitor. Seconded by Councilman
Kean. Carried by thc following
vote:
Yeas - Mayor Horgan,
men. Kean, Ludwig, Pfohl,
Nays-None.
Regular Session, March 1, 1965
Notice of claim of Katharine. A.
Mayr, in an unspecified amount,
for personal injuries received in
a fall in the crosswalk at 15th and
Iowa street, due to the accumula-
tion of ice and snow, on January
27, 1965, prescnted and read. Coun-
cilman ,Ke;m moved that _ the no-
tice of claim be referred to the
City Solicitor for investigation and
report. Seconded by Councilman
Takas. Carried by the following
vote:
Notice of claim of Mrs. Bernice
Armbruster, in an unspecified
amount. for personal injuries re-
ceived in a fall on a icy cross-
walk. at the northeast corner of
14th and Washington Street on
January 21, 1965, presented and
read. Councilman Kean moved
that the notice of claim be re-
ferred to the City Solicitor for in-
vestigation and report. Seconded
by Councilman Takas. Carried by
the following vote:
Yeas - Mayor Horgan, Council-
men Kean, Ludwig, pfohl. Takas.
Nays-None.
Notice of claim of Thomas P.
Conley and famil) , in the amount
of $200, for damage to car and
personal injuries as the result of
an icy street at Eagle and River-
view streets on February 6, 1965,
presented and read. Councilman
Kean moved that the notice of
claim be referred to the City So-
licitor for investigation and re-
-
o9?
.~
:lie
t
~,
, '
, ,
.' ~
Fidelity
Mary-
Council
Takos.
Session
February 11, 1965
To the Honor;:lble Mayor
and City Council
Gentlemen:
It is recommended that the re.
quest of Wahlert High School for
street lights on Chaney Road be-
tween Kaufmann and Asbury be
approved.
Since the distance between As-
bury Road and Kaufmann Avenue
is about 2340 feet, it is recommend-
ed that nine 4000 lumen incande-
scent lights be installed on Chaney
Road from Kaufmann Avenue to
Asbury Road. (as per attached
plat).
Proof of Publication, certified to
by the Publishcr, of Statement of
Receipts and a list of claims for
which warrants were issued during
the month of January 1965, pre.
sented and read.
Councilman Kean moved that the
proof of publication be received
and filed. Seconded by Councilman
Takas. Carried by the following
vote:
Yeas-Mayor Horgan, Council-
men Kean, Ludwig, pfohl, Takas,
Nays-None.
February 25, 1965
To the Honorable Mayor
and City Council
Gentlemen:
I submit to you for your consid-
eration the Audit of the City of
Dubuque Water Department for the
year ending December 31, 1964.
The audit was conducted by
O'Connor, Brooks, Ahrendt and
Brooks, Certified Public Account-
ants.
Respectfully submitted,
Gilbert D. Chavenclle,
City Manager
Councilman Ludwig moved that
the report be received and filed.
Seconded by Councilman Takos.
Carried by the following vote:
Yeas - Mayor Horgan, Council
men Kean, Ludwig, Pfohl, Takas.
Nays-None.
Regular
50
Respcctfully submitted,
Gilbert D. Chavenelle
City Manager
Councilman Ludwig moved that
the recommendation of the City
Manager be approved. Seconded
by Councilman Pfohl. Carried by
the following vote:
Yeas - Mayor Horgan, Council
mcn Kean, Ludwig, Pfohl. Takas
Nays-None.
February 26,
To the Honorable Mayor
and City Council
Gentlemen:
This is to advise that I have ap-
proved the following bonds and
desire to have your approval on
same.
1965
PERSONAL
Romola N. Russo, Western Surety
Company
February 11, 1965
To thc Honorablc Mayor
and City Council
Gentlemen:
The petition of Mr. and Mrs.
Merlin Mills and others requesting
street lights in the 2700 block of
North Grandview has been re-
ferred to the Manager and Elec-
trical Inspector for investigation.
It is recommended that seven
4000 lumen incandescent lights be
installed on North Grandview from
Madcra Street north to 32nd Strcet.
Plat attachcd.
Rcspectfully submitted,
Gilbert D. Chavenelle
City Manager
COMPREHENSIVE LIABILITY
Curtis Straub Company, Policy No.
CL 637-716 Amcrican States in-
surance Co.
Saffran Construction Co., Policy
No. CL 878839, Bituminous Cas.
ualty Corp.
L. A. Light, Inc., Policy No. 0725 02-
031264 Employers Mutuals of
Wausau
Tri-State Paving Company, Policy
No. CL 878862 Bituminous Cas-
ualty Corporation
SIDEWALK
Gilbert Roling, Merchants
Bonding Co.
Mutual
~-
53
Councilman Kean 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, Takas.
Nays-None.
Councilman Kean moved that
the rule requiring reading on three
separate days be waived. Seconded
by Councilman Ludwig. Carried by
the following vote:
Yeas - Mayor Horgan
men Kean, Ludwig, pfohl
Nays-None.
Council-
Takas.
Councilman Kean moved that a
public hearing be held on thc Or-
dinance on April 5, 1965, at 7:30
o'clock P.M. in the Council Cham-
ber at tbc City Hall and that the
City Clerk be instructed to pub-
lish notice of the hearing in the
manner required by law. Seconded
by Councilman Ludwig. Carried by
the following vote:
Yeas - Mayor Horgan, Council-
men Kean, Ludwig, Plohl, Takos.
Nays-None.
Petition of Playground and Rec.
reation Commission requesting
permission to use the remaining
unappropriated money from the
Raffcrty Park property fund for
the purchase of property for a sec.
ond municipal golf course, pre-
sented and read. Mayor Horgan
moved that the petition be re.
ferred to a meeting between the
Recreation Commission and the
City Council at a mutually agreed
date. Seconded by Councilman Lud-
wig. Carried by the following vote:
Yeas - Mayor Horgan, Council-
men Kean, LUdwig, Pfohl, Takos.
Nays-None.
ORDINANCE NO. 6-65
An Ordinance Amending the
budget as approved by Resolu-
tion No. 171-64 and Ordinance
No. 1-65, Ordinance No. 3-65 and
Ordinance No. 4-65,
presented and read.
Petition of American Legion
Auxiliary requesting permission to
sell poppies on May 28th and 29th.
1965, presented and read. Council-
man Pfohl moved that the peti-
tion be referred to the Mayor and
City Manager. Seconded by Coun.
cilman Ludwig. Carried by the fol~
lowing vote:
March 1, 1965
Regular Session,
WHEREAS, it is desired to
transfer $12,000.00 from the Gen-
eral Fund to the Debt Service
Fund, for the following reasons:
To increase the unappropriated
cash balance in the Debt Service
Fund, and make possible the
amcndment of the 1965 budget,
and the payment of a $12,000.00
judgment not included in the orig-
ioal 1965 budgct appropriations,
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 Du-
buque of Dubuque County. Iowa,
SUbject to the approval of thc
State Comptroller. that said sum
of $12,000.00 be, and the same is
hereby tranferrcd from thc Gen-
cral fund to the Debt Servicc 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:
Yeas - Mayor Horgan, Council.
men Kean, Ludwig, pfohl, Takos.
Nays-None.
Robcrt J. Horgan
(presiding officcr>
Leo F. Frommelt
(Secretarial officcr>
I hercby certify the abovc to be
a true and correct cpoy of resolu-
tion passed by the City Council on
the 1st day of March, A.D. 1965.
Leo F. Frommelt
(Secretarial officer)
Councilman Pfohl moved the
adoption of the resolution. Second-
ed by Councilman Ludwig. Carried
by the following votc:
Yeas - Mayor Horgan, Council-
men Kean, Ludwig, Pfohl, Takos.
Nays-None.
The above application and reso-
lution having been filed with the
State Comptroller, the transfer reo
quest"d is disapproved this 3rd day
of March, 1965.
Marvin R. Selden Jr.
State Comptroller
Session, March 1, 1965
tile first reading of the Ordi.
nance. Seconded by Councilman
pfohl. Carricd by the foli'ctwiag
vote:
Yeas - Mayor Horgan, Council.
men Kean, Lmfwig-, pfoh-l, Talros.
NayS-NOne.
Councilman Kean moved that
the rule be waived requiring the
reading of an Ordinance on three
separate days. Seconded, by Coun.
oilman pfohl. Carried by the fol-
lowing vote:
Yeas - Mayor Horgan, Council-
mea Kean, Ludwig, Pfohl, Takas.
Nays-None.
Councilman Ken m<>ved that "'
public hearing he held on the Or-
dinance on April 5, 1965, at 7:30
oIclock P.M. in the Conneil ChlUll-
her at the City H"ll and that tile
Cerk be instructed to publish no.
tiee of !be hearing in the manner
required by law. Seconded by
Councilman Pfohl. Carried by tbe
following vote:
Yeas- - Mayor Horgan, Council~
men Kean, Ludwig, Pfohl, Takas.
Nays-None.
R...,/uU"n anel ApplioatiOft for
Approval of the h....lancmt
Transfer of Funds.
RESOLUTION NO. 4a'6S
WHEREAS, there: i& now in the
hands of the treasurer the __ of
$119,326.00, credited to the Gen-
eral fund, and
WHEREAS, there is now in the
hands of the treasurer tbt!" sum of
$708.06, credited to the Debt Ser-
vice fund, and
March 1, 1965
To the Ikmorable Mayor
and City Council
Gentlemen:
Thc City Solieitor in a letter has
indicated that tlicre is a judgment
of $12,000 outstandine against thc
city; cOBsequently,. I recommend
that the amount be transferred
from unappropriated funds of the
GenCTllI Fund (0 tile' Dt!llt service
Fund and the aPi'ropriation he
made f... the payment of the bin.
Respectfully submitted,
Gilhert D. ChaveneRe
City Manager
Councilman pfohl nIOved that
the recommendation of tile City
Manager be approved. seconded
by the followi'Dg vote:
Yeas - Mayor Horgan, Council"
men Kean, Ludwig, Pfohl, Takas.
Nays-None.
Yeas. - Mayor Horgan, Council--
men Kean, LUdwig, pfohl, Takas.
Nays--None.
Notice of claim of Glen Simp-
son, in the amount of $403.00, for
damage and expense incurred as
the result of a backed-up sewer at
1700 Glen Oak street on February
8, 1965, presented and read. Coun-
cilman Kean moved that the no-
tice of claim be refcrred to the
City Solicitor for investigation and
report. Seconded by Councilm,",
Takas. Carried by the followinlf
vote:
Yeas - Mayor Horgan, Council-
men Ifean, Ludwig, pfohl, Takas.
Nays--None.
Notie. of claim of Arnold J. Jae-
ger, in the amount of $187.07, for
personal injUries received and al-
so; ear. damage as the result of
striking an unlit barricade at 25th
&: Central Avenue on January 2,
1965, presented and read. Coun-
cilman Kean moved. that the no-
tice of claim be referred to the
City Solicitor for investigation
and report. Seconded by Council.
man Takas. Carried by thc follow-
ing vote:
Yeas - Mayor Horgan, Council-
men Kean, Ludwig, pfohl, Takmr.
Nays-None.
Notice of suit of frma Phillips,
in the amount of $15,000, for per.
sonal injuries received as the reo
suit of a fall on an icy crosswalk
in the alley adjacent to 1064 Uni.
versitY Ave., on March 2, 1963,
presented and read. Councilman
Kean moved that thc notice of suit
be referred to the City Solicitor
for investigation and report. Sel:"
onded by Councilman Takos. Car.
ried by the following vote,
Yeas - Mayor Horgan, Council-
men Kean, Ludwig, Pfohl, Takas.
Nays-None.
ORDINANCE NO. 5-65
Am.ndlng end Changfng Ordi-
nance No. 3-34, known as the
Zoning Map and Zoning Ordi.
nanc. of the City of Dubuque,
so as to change certain property
hereinafter described from uSin..
g1. Family R..ld..... District"
c'.oifie.tion to "local Business
District 'A' c'lSsificationN (5.E.
corn.r of intersection of Asbury
& John F. K.nntidy Roedl,
presented and read.
Councilman Kean moved that
the reading just had be considered
Regular
52
-.......-.-
55
Regular Session, March 1, 1965
cil requesting that a certain alley
and an unnamed street which have
heretofore been vacated with re-
strictions and which are marked
in green on the attached Plat and
petitioning for the vacation of two
alleys, marked in yellow on the
attached Plat, all of which lie be-
tween Grace Street and Univer.
sHy from AIgona Street to McCor-
mick Street in thc City of Du-
buque, Iowa; and
WHEREAS, University of Du-
buque intends to expand its pres.
ent library facilities to occupy the
alIeys marked in yellow on the
attached Plat; and
WHEREAS, the Planning & Zon-
ing Commission of the City of Du-
buque, Iowa has approved said pe-
tition of the University of Du-
buque.
NOW THEREFORE Be It
solved by the City Council of
City of Dubuque, Iowa:
Re-
the
Section 1. That the petition of
University of DUbuque filed De-
cember 3, 1964 be and the same
is hereby approved.
Seconded by Councilman
Carried by the following
filed.
Takos.
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. Second-
ed by Councilman Takas. Carried
by the following vote:
Yeas - Mayor Horgan, Council
men Kean, Ludwig, Pfohl, Takas,
Nays-None.
Mrs. Otto Donath spoke in be-
half of her petition relative to
the extension of the Marmora
street sewer to the rear of their
property. Councilman Ludwig
moved that a meeting be held
with the City Solicitor, City Coun-
cil, City Manager in executive
session and also view the grounds.
Seconded by Councilman Takas.
Carried by the following vote:
Yeas - Mayor Horgan, Council-
men Kean, Ludwig, Pfohl, Takas.
Nays-None.
Petition of Peoples Natural Gas
requesting permission to excavate
between Jones and First and Bluff
and Locust Street to cut off ser-
vice of the old Artistic Cleaner
building, presented and read. Coun-
cilman Ludwig moved that the pe-
tition bc granted. Seconded by
Councilman Kean. Carried by the
following vote:
Yeas - Mayor Horgan, Council-
men Kean, Ludwig, pfohl. Takos.
Nays-None.
March 1, 1965
Regular Session,
Yeas - Mayor Horgan, Council-
men Kean, Ludwig, Pfohl, Takos.
Nays-None.
54
Petition of Robert Daykin re-
questing vacation and possible
sale of a portion of an alley be~
tween 810 and 818 S. Grandview
Ave., presented anI read. Council-
man Kean moved that the petition
be referred to the Planning & Zon-
ing Commission. Seconded by
Councilman Takos. Carried by the
following vote:
Section 2. That the University
of Dubuque is herewith ordered
to prepare the appropriate and
necessary Plats of the alleys and
unnamed street deseribed in this
petition and upon filing of same
with the City Clerk and approval
by the City Engineer, that the City
Attorney be ordered to prepare
necessary ordinance for the vaca-
tion of said unnamed street and
alleys to the end that the existing
alleys marked in yellow be vacated
and that the restrictions applicable
to the unnamed street and alley
marked in green created by Ordi-
nance No. 42-1912 be removed and
that thereafter thc City Clerk pub-
lish notice of intent to dispose of
interest in real estate as is by
law required.
Passed, adopted and approved
this 1st day of March, 1965.
Robert J. Horgan
Mayor
Richard Ludwig
Peter J. Takas
Eldon A. Pfohl
James J. Kean
Councilmen
Attest:
Leo F. Frommelt
City Clerk
February 12, 1965
To the Honorable Mayor
and City Council
Gentlemen:
At a regular meeting of the Du-
buque City Planning and Zoning
Commission held on February 11,
1965 the following action was ta-
ken:
The Commission recommends
that the alley running off of Grace
Street between Algona and Mc-
Cormick Streets be vacated to al-
low the University of Dubuque to
expand their library facilities.
-The alley in question is shown
on the attached map colored in
yellow.
Respectfully submitted,
Dubuque City Planning and
Zoning Commission
Frank J. Glab, Secretary
Councilman Kean moved that
the recommendation be received
and filed. Seconded by Council-
man Pfohl. Carricd by the follow-
ing vote:
Yeas - Mayor Horgan, Council-
men Kean, Ludwig, Pfohl. Takos.
Nays-None.
RESOLUTION NO. 41-65
WHEREAS, on December 3,
1964, the University of Dubuque
filed petition with the City Coun-
,.
.~-
I
J
I l
,I t
,~:
Yeas - Mayor Horgan, Council
men Kean, LUdwig, Pfohl. Takos
Nays-None.
Petition of Don Allendorf, di-
rector of Civil Defense of Jo Da-
viess County, requesting an amend-
ment to the ambulance contract
between the City of Dubuque and
East Dubuque to include the Ap-
ple River Chemical Co. area, pre-
sented and read. Mayor Horgan
moved that the petition be re-
ferred to the City Manager. Sec-
onded by Councilman Takos. Car-
ried by the following vote:
Yeas - Mayor Horgan, Council-
men Kean, Ludwig, Pfohl, Takos.
Petition of Mr. & Mrs. Otto Do.
nath requesting some considera-
tion relative to the extension of
drainage behind their property on
Marmora Street and putting the
City on notice that they intend
to fill in their property, presented
and read. Mayor Horgan moved
that the petition be rcceived and
Petition of Klauer Manufactur-
ing Co. requesting vacation of Elm
Street from the north property
line of 27th street to the south
property line of 28th street and
conveyed to them, presented and
read. Councilman Pfohl moved
that the petition be referred to
the Planning & Zoning Commis-
sion and the City Solicitor. Sec-
onded by Mayor Horgan. Carried
by the following vote:
Yeas - Mayor Horgan, Council
men. Kean, Ludwig, Pfohl, Takos
Nays-None.
Petition of George H. Brandt for
suspension of taxes for the year
1964 due to old age and infirmity
on thc S'h of Lot 162 East Du-
buque Addn. presented and read.
Couneilman Takos moved that the
petition be granted and forwarded
to thc County Auditor and that thc
Clerk be given authority to sign
the approval. Seconded by Mayor
Horgan. Carried by the following
vote:
Nays-None.
Petition of Schlitzer Construc-
tion Co. requesting permission to
excavate in Clarke Drive for sew-
er and water connections, present-
ed and read. Councilman Takas
moved that the request be grant-
ed. Seeonded 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, Takas.
Nays-None.
Petition of Hartford Accident &
Indemnity Co. requesting release
of H & B Communications Corpo-
ration Indemnity bond as same is
being renewed by another surety,
presented and read. Councilman
Kean moved approval of release
and authorized the Clerk to sign
the release. Seconded by Mayor
Horgan. Carried by the following
vote:
Yeas - Mayor Horgan, Council
men Kean, Ludwig, Pfohl. Takos
Nays-None.
Petition of Firemans Fund
American Insurance Companies
requesting confirmation of termi-
nation of their blasting bond with
Virginia Carolina Chemical, as
surety is being provided by an-
other company, presented and
read. Councilman Kean moved ap-
proval of release and authorized
the Clerk to sign the release. Sec-
onded by Mayor Horgan. Carried
by the following vote:
Yeas - Mayor Horgan, Council.
men Kean, Ludwig, Pfobl, Ta~os
Nays-None.
SA,
,~.
57
Re-
City
Section 1. That the east-west
easements dedicated to the City
of Dubuque, Iowa in previous
plats located in Lot 2 of Lot 3,
Block 7, Indian Hills, should be
disposed of by tbc City of Du-
buque for and in consideration of
the granting of a new and COf-
rect easement to conform to the
actual existence of sewer and wa-
ter facilities presently installed.
Section 2. City of Dubuque
should dispose of its interest in
that portion of the real estate
therefor described in plat dated
November 30, 1964, prepared by
Bartels, McMahan & LeMay Engi-
neering Co., which real estate
shall hereafter be described and
known as Lot 2 of the Subdivision
of Lot 2 of Lot 3, Block 7, Indian
Hills in the City of Dubuque, Iowa.
It
of
March 1, 1965
NOW THEREFORE Be
solved by the City Council
of Dubuque, Iowa:
Section 3. That the City Clerk
be and he is hereby authorized
and directed to publish notice of
intent to dispose of interest in
real estate as is by law provided,
Passed, adopted and approved
this 1st day of March, 1965.
Robert J. Horgan
Mayor
Richard LUdwig
Peter J. Takos
Eldon A. Pfohl
James J. Kean
Councilmen
Acceptance of Resolution No. 42-65
Joseph M. Marshall and Helen
M. Marshall, husband and wife;
and Theodore G. Hingtgen and
Mary Hingtgen, husband and wife;
being familiar with the terms and
conditions of the foregoing Reso-
lution No. 42.65 hereby accept the
same and agree to perform the
conditions required of them there-
in.
Dated ths 5th day of March,
1965.
A.D.
Session
by unanimous recorded roll call
tbis 1st day of March, A.D. 1965.
Robert J. Horgan
Mayor
Richard Ludwig
Peter J. Takos
Eldon A. Pfohl
James J. Kean
Councilmen
CERTIFICATION
This is to certify that the se-
curity provided by the foregoing
Resolution No. 42-65 has been pro-
vided by the owners.
Dated at Dubuque, Iowa, this
12tb day of April, 1965.
Gilbert D. Chavcnclle
City Manager
Attest:
Leo F. Frommelt
City Clerk
Mayor Horgan moved adoption
of the resoluton. Seconded by
Councilman Kean. Carried by the
following vote:
Yeas - Mayor
men Kean, Ludw
Nays-None.
Joseph M. Marshall
Helen M. Marshall
Theodore G. Hingtgen
Mary Hingtgen
Councilman Ludwig m 0 v e d
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.
Horgan, Council-
ig, Pfohl. Takas.
February
To the Honorable Mayor
and City Council
Gentlemen:
At a regular meeting of the Du-
buque City Planning and Zoning
Commission held on February 11,
1965 the following action was ta-
ken:
That the Final Plat of Block I,
Block 2 and Block 3 of "Knob Hill"
be approved by the Planning and
Zoning Commission and that ap-
1965
12,
RESOLUTION NO. 43-65
WHEREAS, J. Allcn Wallis, Jr.
and Marijane S. Wallis have here-
tofore petitioned the Council to
execute deed of vacation for the
subdivision of Lot 2 of Lot 3 of
Block 7, Indian Hills, in tbe City
of Dubuque, Iowa; and
WHEREAS, by virtuc of thc re-
,pective plats heretofore filed and
vacated, there is presently an am-
biguity concerning the status of
City's interest therein by reason
of easements dedicated; and
WHEREAS, it appears tbat such
ambiguity should be cleared and
the petitioners are desirous there-
of.
r
I
I
"
1
.
,
a
I
r
\
Regular
Attest:
Leo F. Frommelt
City Clerk
,
I
\
March 1, 1965
nances relating thereto, and that
the construction of sidewalks on
the Northerly, Southerly and East-
erly sides of said subdivision is
required;
Re-
the
Section 1. That the plat of "Van
Anna Place" in the City of Du-
buque, Iowa, be and the same is
hereby approved and the Mayor
and City Council are hereby au-
thorized and directed to endorse
the approval of the City of Du.
buque, Iowa, upon said plat, pro-
vided the owners of said property
hereinafter named, execute their
written acceptance hereto at-
tached, agreeing:
It
of
NOW, THEREFORE, Be
solved by the City Council
City of Dubuque, Iowa:
Regular Session,
To provide the foregoing
construction and mainte-
nance at the sole expense
of the subdividcrs, Joseph
M. Marshall and Helen M.
Marshall, husband and wife;
and Thcodore G. Hingtgen
and Mary Hingtgen, hus-
band and wife, as owners;
sidewalks as
City Ordi.
To construct
rcquired by
nances;
(a)
56
Councilman Pfohl moved 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.
February
To the Honorable Mayor
and City Council
Gentlemen:
At a regular meeting of the Du-
buque City Planning and Zoning
Commission held on January 28,
1965 the following action was ta-
ken:
That the Final Plat of "VAN
ANNA PLACE" in thc City of
Dubuque be approved and that ap-
proval of the City Council is rec-
ommended.
Respectfully submittcd,
Dubuque City Planning and
Zoning Commission
Frank J. Glab, Secretary
1965
1,
(b)
Mayor Horgan moved that the
communication be received and
filed. Seconded by Councilman
Takas. Carried by the following
vote:
Yeas - Mayor Horgan, Council-
men Kean, Ludwig, Pfohl, Takos.
Nays-None.
To construct said improve-
ments, prior to December 1,
1967;
and furthcr provided that said
Joseph M. Marshall and Helen M.
Marshall, husband and wife; and
Theodore G. Hingtgen and Mary
Hingtgen, husband and wife,as
owners of said subdivision, secure
the performance of the foregoing
conditions by providing security
in such form and with such sure-
ties as may be acceptable to the
City Manager.
(c)
RESOLUTION NO. 42-65
Resolution Approving the Plat
of ''Van Anna Place," in the City
of Dubuque, Iowa.
WHEREAS, there has becn filed
with the City Clerk a plat of the
Subdivision known as "Van Anna
Place" in the City of Dubuque,
Iowa, by Joseph M. Marshall and
Helen M. Marshall, husband and
wife; and Theodore G. Hingtgen
and Mary Hingtgen, husband and
wife; and
Section 2. That in the event Jo-
sepb M. Marshan and Helen M.
Marshall, husband and wife; and
Theodore G. Hingtgen and Mary
Hingtgen, husband and wife, shan
fail to execute the acceptance and
provide the security provided for
in Section 1 hereof within 45 days
after date of this resolution, the
provisions hereof shall be null
and void and the acceptance of
the dedication and approval of the
plat shan not be effective.
Passed, adopted and approved
WHEREAS, upon such plat ap.
pears certain pUblic utility ease-
ments which Owners by said plat
have dedicated to the public for-
ever; and
WHEREAS, said plat has bcen
examined by the City of Dubuque
Planning and Zoning Commission
and had its approval thereon; and
WHEREAS, said plat has been
examined by the City Council and
said Council finds that the same
conforms to the statutes and ordi-
.w~"""
BUQUE has bcen selected and as-
signed to this new ship in accord-
ance with the policy of the Navy
to assign this type of ship the
names of cities named for explor-
ers and developers of America;
NOW, THEREFORE, Be It Re-
solved by thc City Council of the
City of Dubuque, Iowa:
That the honor, strength and
traditions of this good city be sped
upon the USS DUBUQUE, and thc
officers and men who will man
her; and that in naming the USS
DUBUQUE, the pleasurc and ap-
preciation of all the citizens of
this community be so expressed;
and that a copy of this Resolution
be sent to the Sccretary of the
Navy and the Governor of the
State of Iowa.
Passed, adopted and approved
this 1st day of March, 1965.
Robert J. Horgan
Mayor
Richard LUdwig
Peter J. Takas
Eldon A. pfohl
James J. Kean
Councilmen
59
1, 1965
March
Session,
such form and with such sureties
as may be acceptable to the City
Manager.
Section 3. That in the event
John Duggan, etc., shall fail to
execute the acceptance and fur-
nish the security provided for in
Section 2 hereof within 45 days
after 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 cffectivc.
Passed, adopted and approved
by unanimous recorded roll call
this 1st day of March, A.D., 1965.
Rohert J. Horgan
Mayor
Richard Ludwig
Peter J. Takos
Eldon A. Pfohl
James J. Kean
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Kean moved adop-
tion of the resolution. Seconded
by Councilman Ludwig. Carried by
the following vote:
Yeas - Mayor Horgan, Council-
men Kean, LUdwig, Pfohl, Takas.
Nays-None.
RESOLUTION NO. 46-65
Preliminary Estimate and pro-
posed plans, specifications, form
of contract, plat and all other doc-
uments for signalizing and con-
structing a turn-off lane at the
Highway 20 and Devon Drive in-
tersection at an estimated cost of
$22,645.00, presented and read.
Mayor Horgan moved adoption
of the resolution. Seconded by
Councilman Ludwig. Carried by
the following vote:
Yeas - Mayor Horgan, Council
men Kean, Ludwig, Pfohl, Takas
Nays-None.
Acceptance of Resolution No. 44-65
John Duggan, Trustee under the
"Regina Duggan Trust" being fa-
miliar with the terms and condi-
tions of the foregoing Resolution
No. 44-65 hereby accepts the same
and agrees to perform the condi-
tions required of it therein.
Dated this 2nd day of March,
1965.
John Duggan, Trustee under the
"Regina Duggan Trust"
John Duggan
To Leo F. Frommelt, City Clerk:
This is to certify that the secur-
ity rcquired by the foregoing Res-
olution No. 44-65 has been pro-
vided by the owner.
Dated at
10th day of
this
Councilman Kean moved adop-
tion of the resolution. Seconded
by Councilman pfohl. Carried by
the following votc:
Yeas - Mayor Horgan, Council-
men Kean, Ludwig, Pfohl. Takos.
Nays-None.
Regular
Attest:
Leo F. Frommelt
City Clerk
Dubuque, Iowa,
April, 1965.
Gilbcrt D. Chavenellc
City Managcr
March 1, 1965
To reduce all streets to
grade and to construct con.
crete curb and gutter and
to hard surface Knob Hill
Drive and Oakridge Drive
with bituminous concrete, or
with 6% n concrete paving
with integral curb, all in ac.
cordance with City of Du-
buque standard specifica-
tions;
To install sanitary sewer
mains and sewer service lat-
erals in accordance with
plans submitted with the
plat;
To install water mains and
water service laterals in ac-
cordance with plans submit-
tcd with the plat;
To install
catch basins
with plans
the plat;
To install concrete side-
walks as required by City
Ordinances, and where di-
rected by the City Engineer
and the City Manager;
To construct the foregoing
improvements in accordance
with plans and specifications
approved by the City Manag-
er, under the inspection of
the City Engineer, and in a
manner approved by the City
Manager;
To maintain the street im-
provements for a period of
four (4) years from the date
of their acceptance by the
City of Dubuquc, Iowa;
To construct said improve-
ments, except sidewalks, pri-
or to February 22, 1966, and
to construct the sidewalks
prior to February 22, 1969;
storm sewers and
in accordance
submittcd with
erty herein named, execute their
written acceptance hereto attached
agreeing:
a.
c.
d.
b.
Session
e.
g.
h. To provide the foregoing
construction and mainte-
nance at the sole expense of
the Subdivider, John Duggan,
Trustee under the "Regina
Duggan Trust," as owner;
f.
proval by the City Council is here-
by recommended.
Rcspectfully submitted,
Dubuque City Planning and
Zoning Commission
By Frank J. Glab, Secretary
Councilman Kean moved that
the recommendation of the Com-
mission be received and filed. Sec-
onded by Councilman Ludwig. Car-
ried by the following vote:
Yeas - Mayor Horgan, Counci
men Kean, Ludwig, Pfohl, Takos.
Nays-None.
RESOLUTION NO. 44-65
ReS9lution Approving the Plat
of "Knob HilllI in the City of
Dubuque, Iowa.
WHEREAS, therc has been filed
with thc City Clerk a plat of the
Subdivision to be known as "Knob
Hill" in the City of Dubuque,
Iowa, by John Duggan, Trustee un-
der the "Regina Duggan Trust";
and;
WHEREAS, upon said plat ap-
pear streets to be known as Knob
Hill Drive and Oakridge Drive, to-
gether with certain public utility
easements which the Owners by
said plat have dedicated to the
publiC forever; and;
WHEREAS, said plat has been
examined by the City Planning
and Zoning Commission and had
its approval endorsed thereon,
and;
WHEREAS, said plat has been
examined by the City Council and
they find that the same conforms
to statutes and ordinances relat-
ing thereto, except that street
grades have not been established,
the streets brought to grade, or
paving, sewer or water installed;
NOW THEREFORE, Be It Re.
solved by thc City Council of the
City of Dubuque, Iowa
Section 1. That the dedications
of Knob Hill Drive and Oakridge
Drive, together with the easements
for public utilities as the same ap-
pear upon said plat, be and the
same are hereby accepted;
Regular
58
(Necessity for Improvement
RESOLUTION NO. 47-65
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
file in the office of the City Clcrk
RESOLUTION NO. 45-65
WHEREAS, the United States
Navy has under construction a new
Amphibious Transport Dock Ship
in Pascagoula, MiSSissippi; and
WHEREAS, thc name DU-
,
I
I
I
and further provided that said
John Duggan, Trustee under the
"Regina Duggan Trust," as owner
of said Subdivision, secure the
performance of the foregoing con-
ditions by providing security in
Section 2. That the plat of
"Knob Hill" in the City of Du-
buque, Iowa, be and the same is
hereby approved and the Mayor
and City Council are hereby au-
thorized and directed to endorse
thc approval of the City of Du-
buque, Iowa, upon said plat, pro-
vided the owners of said prop-
-.....,
the 60th General Assembly. I re-
qUi':.:;t that the City Council will,
by resolution, approve the report
as its official 1964 Street Finan-
cial Report.
It will be noted that $1,572,104.00
\!,I(]S spent for the total year on
maintenance and new construc-
tion. The breakdown of such cost
is as follows
61
1, 196.5
March
S~~ssion,
1965
1,
Tota.
302,197
888,318
17,226
33,949
219,406
nO,401
~O 607
1,572,104
Attest:
Leo F. Frommelt
City Clerk
Councilman Ludwig moved adop-
tion of the resolution. Seconded
by Mayor Horgan. Carried by the
following vote:
Yeas - Mayor Horgan,
men Kean, LUdwig, Pfohl,
Nays-None.
RESOLUTION NO. 50-65
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 compliances with
the terms of the ordinances of the
City.
CLASS "B" BEER PERMIT
Gregor J. Vorwald, 103 East 22nd
Street
Kenneth J
Strect
Mathias A.
Robert J. Horgan
Mayor
Richard Ludwig
Peter J. Takos
Eldon A. Pfohl
James J. Kean
Councilmen
Counci
Takos.
March
To the Honorable Mayor
and City Council
Gentlemen:
I herewith submit the annual
street financial report of actual ex-
penditures in 1964 from all fund3
for street purposes, as required by
Chapter 312, Road use Tax Fund,
Code of Iowa, and as amended by
H,,:
Other
Funds
73.935
128,766
1533
219,406
90,401
514.041
Street Special
Fund AE's(SSment
121.661
38,940
17,226
23.066
060,622
360,622
20,607
221,500
Road Use
Tax
....106.601
.359.990
9,350
475,941
RcspectfulIy submitted,
Gilbert D. ChavenclIe
City Manager
Mayor Horgan moved that the
report be received and filed. Sec-
onded by Councilman Ludwig. Car-
ried by the following vote:
Yeas - Mayor Horgan, Council
men Kean, Ludwig, Pfohl, Takos
Nays-None.
RESOLUTION NO. 49-65
A Resolution approving the City
of Dubuque, Iowa 1964 Street
Finance Report.
WHEREAS, a distribution of ex-
penditures and receipts of the
City of Dubuque for Municipal
Street and Parking for the fiscal
year January 1, 1964 and ending
December 31, 1964, has been dUly
prepared in accordance with Chap-
ter 312 and as amended by the
60th General Assembly of Iowa,
and submitted to this Council for
approval; and
WHEREAS, this Council has cx-
amined the distribution of expen-
ditures and receipts of the City
of Dubuque, Iowa for Municipal
streets and Parking, wherein the
receipts and expenditures for the
fiscal year are shown.
NOW THEREFORE Be It Re-
solvcd by the City Council of the
City of Dubuque, Iowa that distri-
bution of expenditures and re-
ceipts for municipal streets and
parking as heretofore prepared,
be and the same is hereby adopted
and approved as the Street Fi-
nance Report for 1964.
Passed, adopted and approved
this 1st day of March, 1965.
Maintenance ...
New Construction
Administration ....
Equipment ............
Bonds & In!. Paid
Street Lighting ....
Building Fund Garage
Iowa
Ave-
Cen-
University
Centra
2222
'ji
March 1, 1965
Councilman Ludwig. Carried by
the following vote:
Yeas - Mayor Horgan, Council-
men Kean, Ludwig, Pfohl, Takos.
Nays-None.
Regular Session,
the
improved.
such improve-
things
other
to be
of
60
showing among
following
1.
2.
The street
Thc plan
ment.
802
132 8th
nue
Herbcrt E. Althaus,
Avenue
Raymond McLaughlin,
tral Avenue
Maryel M. Birkett
Avenue
1575
Love,
1064
Schneller,
2rome
,
""",,:
I
%2
'~
I
!
} .
,
(Fixing Date of Hearing)
RESOLUTION NO. 48-65
WHEREAS, the City Council of
the City of Dubuque, Iowa has
by Resolution No. 46-65 given its
preliminary approval on the pro-
posed plans, specifications, and
form of contract and placed same
on file in the office of the City
Clerk for public inspection, for
the signalizing and constructing a
tUrn-off lanc of the Highway 20
and Devon Drive Intersection.
Passed, adopted and approved
this 1st day of March, 1965.
Robert J. Horgan
Mayor
Richard Ludwig
Peter J. Takos
Eldon A. Pfohl
James J. Kean
Councilmen
An estimate of the cost of
the proposed improvement.
3.
BE IT THEREFORE RESOLVED
that on the 5th day of April, 1965,
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 specification and
proposed form of contract, to the
cost of improvement 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 pub-
lished in some newspaper pub-
lished in the City of Dubuque,
which shall be not less than ten
(10) days prior to the day fixcd
for its consideration, and the City
Clerk is further instructed to pub-
lish notice to bidders for the re-
ccipt of sealed bids up until 10:00
A.M. on the 5th day of April, 1965.
For the signalizing and construc-
ting a turn off lane of the high-
way 20 and Devon Drive Intersec-
tion.
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 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 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 Street
Road Use Tax Fund (Fund 135)
and the Street and Traffic Light.
ing Fund (Fund 138).
The above resolution was in-
troduced, approved and ordered
placed on file with the City Clerk
this 1st day of March, 1965.
on file
for
J. Horgan
Mayor
Approved and placed
final action.
Robert
Approved
Attest:
Leo F. Frommclt
City Clerk
Richard Ludwig
Peter J.
Eldon
James
Councilman Ludwig moved adop-
tion of the resolution. Seconded
by Councilman Kean. Carried by
the following vote:
Yeas - Mayor Horgan, Council
men Kean, Ludwig, Pfohl, Takas
Nays-None.
J. Kean
Councilmen
Mayor Horgan moved approval
of the resolution. Seconded by
Attest:
Leo F. Frommelt
City Clerk
.,""'.
6.3
Robert J. Horgan
Mayor
Richard Ludwig
Peter J. Takas
Eldon A. Pfohl
James J. Kean
Councilmen
Mayor Horgan moved adoption
of the resolution. Seconded by
Councilman Takas. Carried by the
following vote:
Yeas - Mayor Horgan, Council
men Kean, Ludwig, pfohl, Takas
Nays-None.
Comunication of Councilman El-
don A. Pfohl quoting Section 368,
A-22-1962 Codc of Iowa, Interest
in Contracts, relative to members
of the DUbuque Planning & Zon-
ing Commission, presented and
read. Mayor Horgan moved that
the Council go into executive ses-
sion. Seconded by Councilman
Ludwig. Carried by the following
vote:
Yeas - Mayor Horgan, Council-
men Keau, Ludwig, Pfohl, Takas.
Nays-None.
March 1, 1965
Attest:
Leo F. Frommelt
City Clerk
RESOLUTION NO. 52-65
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 thc City Council of the
City of Dubuquc, Iowa, that thc
following applications be granted
and licenses issued upon the com.
pliance with the terms of the
IOWA UQUOR CONTROL ACT-
CHAPTER 123-as amcnded by the
60th General Assembly, 1963.
Session began at 9:00 P.M. and
concluded at 10:20 P.M. Council-
man Takos moved that the City
Solicitor be instructed to ask for
a ruling from the Attorney Gen.
eral of the State of Iowa, through
the County Attorney, on whether
the members of the DUbuque
Planning & Zoning Commission
who have a contract or contracts,
direct or indirect, with the City
of DUbuque, have a conflict of
interest under the Iowa Statute.
Seconded by Councilman Ludwig.
Carried by the following vote:
Yeas - Mayor Horgan, Council.
man Kean, Ludwig, Pfohl, Takos.
Nays-None.
CLASS "c" COMMERCIAL
ESTABLISHMENT
Joseph Pcter Helling, 1046 Ccntral
Avenue
Passed, adopted and approved
this 1st day of March, 1965.
Robert J. Horgan
Mayor
Richard Ludwig
Petcr J. Takas
Eldon A. Pfohl
James J. Kean
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Mayor Horgan moved adoption
of the resolution. Seconded by
Councilman Ludwig. Carried by
the following vote:
Yeas - Mayor Horgan, Council.
men Kean, Ludwig, Pfohl. Takas
Nays-None.
Councilman Takas moved the
following amendment to the above
motion: - That the Council al.
though agreeing with the essence
of the main motion would defer
action until the legislative bodies
enacted or saw fit not to enact the
corrective legislation pertinent to
the present conflict of interest
statute concerning administrative
officials, elected and appointive
Boards and Commissions. Seconded
RESOLUTION NO. 53-65
WHEREAS, applications for Liq.
uor Permits were filed by the
within named applicants and they
have received the approval of this
Council, and
WHEREAS, thc premiscs to bc
occupied by such applicants were
inspected and found to comply
with thc State Law and all City
ordinances relevant thereto and
they have filed proper bonds;
NOW THEREFORE Be It Rc-
solved by the City Council of Du-
buque, Iowa, that the Manager be
authorized to cause to be issued
to the following named applicants
a Liquor Permit.
CLASS "c" COMMERCIAL
ESTABLISHMENT
Peter Helling, 1046 Central
Joseph
Avenue
Passed, adopted and approved
this 1st day of March, 1965.
i'
I
.' ~
If'
Regular Session
March 1, 1965
CLASS "B" BEER PERMIT
Gregor J. Vorwald, 103 East 22nd
Street
Kenneth Jerome Love, 802 Iowa
Strect
Mathias A. Schneller, 132 8th Ave-
1575
Central
nue
Herbert A. Althaus,
Avenue
Raymond McLaughlin, 2222 Ccntral
Avenue
Maryel M. ,Birkett, 1064 University
Avenue
Page Hotel, 75 East 4th Street
Alma Henkel, 241 Main street
Southern Loungc, Inc. d/b/a, Holi-
day Inn Restaurant, 1111 Dodge
Street
Alice H. Erschen, 2620 University
Avenue
Florance T. Deutsch, 45 West 13th
Street
John F. Hall, 2616 Windsor Avenue
Session,
62
Page Hotel, 75 East 4th Street
Alma Henkel, 241 Main Street
Southcrn Lounge Inc., d/b/a, Holi-
day Inn Restaurant, 1111 Dodge
Strect
Alice H. Erschen, 2620
Avenue
Florance T. Deutsch, 45
Street
John F. Hall,
University
13th
West
Regular
Locust
CLASS "B" BEER PERMIT
PRIVATE CLUB
880
Bow ling Lanes,
Fischer
Strect
Avenue
CLASS "B" BEER PERMIT
PRIVATE CLUB
Bowling Lanes, 880 Locust
2616
Ct.ASS "c" BEER PERMIT
Eagle Food Centers, Inc., Store
No. 109, 200 South Locust Street
Anthony L. Fecker, 2119 Rhom.
berg Avenue
Donald Schroeder,
Avenue
William J. White,
Strcet
Passed, adopted and approved
this 1st day of March, 1965.
Robert J. Horgan
Mayor
Richard Ludwig
Peter J. Takos
Eldon A. Pfohl
James J. Kean
Councilmen
Central
Asbury
Windsor
2890
1993
Fischer
Street
CLASS "c" BEER PERMIT
Eagle Food Centers, Inc., Store No.
109, 200 South Locust Street
Anthony L. Fecker, 2119 Rhom-
berg Avenue
Donald SchI'oeder,
Avenue
William J.
Strcct
Central
2890
Attest:
Leo F. Frommelt
City Clerk
Asbury
BE IT FURTHER RESOLVED
that thc bonds filed by such ap-
plicants be and the same are here-
by approved.
Passed, adopted and approved
this 1st day of March, 1965.
1993
White,
Mayor Horgan moved adoption
of the resolution. Seconded by
Councilman Ludwig. Carried by
the following vote:
Yeas - Mayor Horgan, Council.
men Kean, Ludwig, Pfohl. Takos.
Nays-None.
Robcrt J. Horgan
Mayor
Richard Ludwig
Pcter J. Takas
Eldon A. Pfohl
James J. Kean
Councilmen
Mayor Horgan moved adoption
of the resolution. Seconded by
Councilman Ludwig. Carried by
the following vote:
Yeas - Mayor Horgan, Council
men Kcan, Ludwig, Pfohl. Takas
Nays-None.
Attcst:
Leo F. Frommelt
City Clerk
51-65
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 di.
rected to issue to the following
named applicants a Beer Permit.
RESOLUTION NO.
.~."".'
65
go into that a little bit later,
and I think, thirdly, a man sit.
ting in this seat can act ig-
norantly. I think that ignor-
ance can stem from one of
two possibilities -one, that he
lacks the mental capacity to
handle the jab or secondly
that he does not do his home-
work to undcrstand what the
jab is about. We have
watched Mr. Pfohl over these
past months - 1) harass the
Planner - this W8S the out-
shoot of taking the Planner
and putting him under the
Engineering Department. This
was done privately and again
not in accord with the poli-
cies that the present form
of government calls for. We
are supposed to fight OUf
battles at this table and not
#4A in somebody'$ office or on
some street corner . . . OB-
JECTION VOICED BY -
PFOHL: (not audible but apparent
from subsequent Takas re-
mark)
TAKOS: Mr. Mayor, I asked for the
floor, sir.
PFOHL: I'm objecting, Mr. Takas,
on the premise . . . (inter.
ruption by Takas)
TAKOS: Mr. Mayor, I asked . . .
(rest inaudible)
PFOHL: (audible and continuing)
that you are injecting per-
sonalities and I wish to have
clarification of the rules of
the Council. (Pfohl was ap-
parently asking for a Point of
Order.)
TAKOS: Mr. Mayor, I call for a
ruling.
PFOHL: This is a personal attack
on me and I have no other
choice but to say this.
TAKOS: I call for a ruling.
HORGAN: Please-in the attempt
to discuss tbe matter at hand,
Mr. Pfohl.
PFOHL: The matter at hand is not
me, Mr. Chairman.
HORGAN: The matter at band is
the proposal submitted by
you, and
PFOHL: Absolutely (interjected)
HORGAN: Your name must be in-
volved in it some how or another.
PFOHL: The proposal is the thing
at hand-not me.
March 1, 1965
Session,
A proposal on Municipal Gov-
ernmental Reform was read to the
Council by Councilman Eldon A.
Pfohl. The subject mattcr of the
proposal was-Dubuque Planning
and Zoning Commission-Dubuque
Planning Department.
Councilman Pfohl then moved
that the communication be re-
ceived and filed and rcferred to
the Council for consideration.
Councilman Ludwig seconded
the motion - then withdrew the
second to permit discussion.
#3
2B
#4
TAKOS: FIRST of all my impres-
sion in reading the paper
(T.H.) tonight was when you
say iunk the Zoning Board,-
this to me is not the ap-
proach to any problem. I
think the gentlemen at this
table have in the past-we've
proposed before this bodY-
we've attempted to analyze-
we've come UP with a major-
ity or minority decision and
we live by it. But to prefight
this battle with the Planning
and Zoning Commission is
not effective-that it should
be junked-I think it's to-
tally erroneous - and I cer~
tainly want no part of that
type of thinking. I would re-
can the Council's attention
that just a matter of weeks
ing a New Department. What
would .e ha.e done if some
weeks ago we had acqUiesced
to his statement by putting
the Planner under the Engi-
neetlng Department. I strong-
ly feel that there are threc
directions that a man sitting
in this seat-elected by the
people can follow. I think one
of those is to try to do the
best you can, be objective
and act in the best interest
of the public. I think, sccond-
ly, a man sitting in this seat
can be vindicative and I will
Regular
DISCUSSION
ago-that we hod a proposal
from Mr, Pfohl to toke the
Planner and put him under
the Engineering Department.
Now suddenly - some wceks
later we find that we are
creating a whole new office
for this same man and creat-
#1
#2
#2A
The code numbers at the left
margin of the transcript sheet cor-
respond to the numbers used in
the rebuttal sheet.
CITY
READING OF PROPOSAL which
was given to the City Clerk to
place on the agenda for the regu.
lar meeting of the City Council,
(time submitted on the morning
of Feb. 1, 1965). Mter proposal
was given to the City Clerk and
he stamped it (with date, time,
etc.) a copy of the proposal was
given to the Telegraph Herald
(they were askd to give a copy to
thc Radio Station K.D.T.H. be-
cause of a shortage of copies) and
a copy was also given to Radio
Station W.D.B.Q. Copies of the
proposal were also given to the in.
dividual City Councilmen at 7:00
P.M., a full half hour before the
start of the Council meeting at
7:30 P.M.
statements made by Councilman
Takas on that night (Fcb. 1, 1965).
In the public interest I have made
out a rebuttal to these statements.
Radio Station K.D.T.H., The Telc-
graph Herald, The City Solicitor,
the City Planner, The Dubuque
Planning & Zoning Commission
are involved either directly or in-
directly in the situation. In the
Public interest I feel that the
truth will clear up the situation
and therefore I have prepared a
transcript of the pertinent section
of the proceedings of the City
Council of Dubuque, Iowa on Feb.
1, 1965. Before I use this transcript
to prove that what was said is
either farse or irrelevant, I ask
this Council to hear the tape re-
cording upon which the transcript
is based. If this request is granted,
I then ask this Council to verify
the transcript as is or ask them
(the Council) to change it (trans-
cript) where necessary, so it can
bc used to cstablish thc facts,
again in the public interest.
1, 1965
March
Hegular Session,
Councilman Pfohl moved that
his communication be received and
filed. Seconded by Councilman
Ludwig. Carried by the following
vote:
by Councilman Ludwig. Carried by
the following vote:
Yeas - Mayor Horgan, Council-
men Kean, Ludwig, Pfohl, Takas.
Nays-None.
Yeas - Mayor Horgan, Council
men Kean, Ludwig, Pfohl, Takos
Nays-None.
64
March 11 1965-To the Honor-
ab!1t Mayor and City Council of
Dubuquel Iowa. Submi-Ued by
Councilman Eldon A. Pfohl.
Since this is a matter for the
City Council to handle I will pre-
sent directly to them any evidence
I may have to substantiate my rea-
soning.
Eldon A. Pfohl
TRANSCRIPT SHEET
February 1, 1965
Dubuque, Iowa-REGULAR
COUNCIL MEETING
I. PERSPECTIVE SHEET
The Planning of the City of Du-
buque, obviously, is in state of
utter confusion and has been that
way for many years past. Victor
Gruen and his voluminous reports
and may I add very late (almost
one and one-half years) reports
have not helped the state of af~
fairs. In fact the Ward's situation
and other pending situations can
be laid on the doorstep of both
Gruen and the Federal Govern-
ment. The fact that Gruen has rec-
ommended that Dubuque not have
any more shopping centers really
puts the damper on the future
progress and growth of the City
of Dubuque. As an elected Official
of the City of Dubuque, my hands
are tied by the administrative staff
of the City, and I am helpless to
straighten out the situation unless
the planning becomes responsible
to all the people of Dubuque. I re-
cently proposed a change in the
planning structure for the City of
Dubuque. This was on the night of
Feb. 1, 1965 at a regular City
Council meeting. What happened
that night was shamefully beyond
description and very detrimental
to what needs to be done to sal-
vage the downtown from utter de-
struction by the very forces that
are supposed to build it up. The
evcnts of Feb. 1, 1965 at the City
Council chambers were beyond my
control as the facts indicate. How-
ever, I will try to clarify the sit-
uation in the public interest and
also separate the facts from the
fiction for that same reason.
I have made a transcript of the
false statements and irrelevant
'.M
~
''''"
67
jority rule. If you can get a
majority you win. If you're
in the minority which is what
all of us have been you just
work a little harder for the
next time. I don't believe you
should run around to boards
and commissions and into of.
fices on a harassment basis.
We operate as a unit, not as
an individual at this body. I
further bclieve that this table
represents the battle ground
for decisions and this also al.
lows itself to be an arena in
which the public adequately
can judge its elected officials.
#14A Now if we are preparing to
fight for the continuance of
the City Manager form of
government in this city I am
willing to state categorically,
here and now, 1111 meet that
fight. I only ask that the con-
flict be clearly labeled so
that the public recognizes
and knows what we are fight.
ing about. I'm afraid that in
the manner this thing has
been shaping up there is a
cloud and people do not un-
derstand what is at issue, and
I think in conclusion of these
that I've answered this argu-
ment, but I had to takc this
round about way to bring
about and show why I've
taken this course.
#18
there is no doubt in my mind
that we would see the end of
our present City Manager
form of Government.
This body cannot operate
without boards and commis-
sions, I am not opposed to
updating them - in some
areas integrating them - in
fact-I've made several pro-
posals along that line-but
to wholesale recommend by
#14
PFOHL: (Councilman Pfohl talked
at this point and mainly de-
fended his right to bring
ideas of the Council Table.
He also stated, in essence,
that he would refute the al.
legations made by Mr. Takos
(Councilman) possibly at a
later date.
taking the word IIcommittee.
itisll which he has done on
many occasions-and seek to
obliterate boards and com-
missions - certainly would
not give the strength which
the present form of govern-
ment needs. I don't think you
could go out and buy per-
sonell under this present pro-
posal which he has designed
or somebody has designed
for him, I don't know which,
but I do not think that you
could go out and get any per-
sonell to take the brunt of
#15
Regular Session, March 1, 1965
-These are slightly not con-
nected because I did not have
time to develop this from the
time I read the paper until
this minute.
Now should Mr. Pfohl have
the mental capacity of con.
ducting himself in this chair,
then I say that this Council
should prepare itself for a
fight for the very preserva-
tion of the City Manager
form of Government. If Mr.
Pfohl's minority thinking
should develop into a major-
ity thinking according to his
present and past proposals
#13
(indis-
that Mr. Pfohl
has no apparent respect for
either intelligence or trained
capability. A good example
lies in the fact of the park.
ing ramp design which he
submitted over the two
trained, qualified, architects
and architectural firms which
we hired. I believe the gen-
tlemen at this table recall
March 1, 1965
PFOHL: If you wish to make a
hearing out of this I wish
to have a chance to prepare
myself properly.
TAKOS: I've had about as much
chance . . . (interrupted by
pfohl)
BOTH PFOHL and TAKOS
cernable)
TAKOS: I contend
#7
#8
Session,
Regular
66
Refer to PROPOSAL SHEET
and you will find the word
dissolve was used. The word
junk was substituted by the
Telegraph Herald. (based on
fallacy).
#1
as i n i n e maldirection and
plaintiff invective because I
don't think peoplc will buy
themselves this cheaply.
I sat at this table for seven
years. In those seven years
there has been quite a dif.
ference of personalities at
this table but in all that time
#16
cation was read by rne-E?
Eldon A. Pfohl. Under the
heading "City Planning" I
quote "that we hire a full
time Engineer to be the City
Planner." The concept at that
time was to- have a Full Time
#2.#2A-At the City Council meet
also ing-May 2, 1960 a communi
#2B
I've never had reason to sus.
picion the motive of anyone
of these men. Unfortunately
it is not true of this present
Council, of course I refer to
one gentleman at this table.
I believe the proper way to
fight the issue is openly at
this table and fight for ma-
#17
/,1,
~
that the ramp that he sub.
mitted ~ad no interiors what.
soever-it contained 2 via-
ducts that ran over 8th and
one ran over 9th and I think
the public can be well jus-
tified that thc Council acted
in the best interest in select.
ing the design we had. I be-
lieve also the Council owes
an apology to the Planning
& Zoning Commission for the
simple reason we have al-
ways in the past as well as
in the future when we had
an area of disagreement, be
able to sit down with the
gentlemen. They have never
denied us that opportunity,
nor has the Council denied
any board or commission
their right to sit down and
discuss an area of differ-
ence, as such be the case.
I think Mr. Riley incidentally
should be congratulated on
his handling of his meeting.
If this action stems from a
lack of comprehensibility on
the part of Mr. Pfohl, then I
think at this time, it would
be proper for me to ask him
to resign from this body. I
will recall the Council's at-
tention that some year or
two-I can't recall, when Mr.
pfohl was not at this tablc,
and he asked this body to
resign on a particular point
of disagreement with him. I
would reissue that invitation.
Because tbis body disagreed
with him-I've covered that
#9
#10
HORGAN: I would ask Mr. Takas
to keep it as objective as
possible-please.
TAROS: We have watched Mr.
Pfohl just recently now go
to the Planning and Boning
Board.
PFOHL: (intcrrupting) Mr. Chair-
man, I must object that we
stay on the subject. The sub-
ject matter is the communi-
cation. This is dealing in per-
sonalities. I would like to
have a ruling from the So-
licitor on this thing. Are any
members of the Council al-
lawed to delve in personal
charges against each other-
I'm not up here for discus-
sion. The discussion is on the
subject matter.
AT THIS POINT CITY SOLICITOR
RUSSO SAID IN ESSENCE THAT
HE DID NOT KNOW ABOUT THE
LEGALITY OR ILLEGALITY OF
THE PROCEEDINGS UNDER THE
POINT OF ORDER RAISED BY
MR. PFOHL PREVIOUSLY. THE
PARTICULAR POINT OF ORDER
WAS RULE 23 OF THE RULES
OF ORDER OF THE CITY COUN-
CIL OF THE CITY OF DUBUQUE,
IOWA.
HORGAN: Mr. Pfohl, as I undcr-
stand Mr. Takos's line of ar-
gumentation, he is developing
the actions of yourself,
which are a matter of offi-
cial record, at the Council ta-
ble and not in your person-
ality or your private affairs.
We are talking about mat-
ters of record in past actions
of this Council - Continue,
Mr. Takas, Please.
TAKOS: I believe again-it's a
matter of record that a
#5
#5A
that a certain ruling by the
Solicitor did not concur with
his thinking so at tt.e start
of this fiscal year Mr. Pfohl
declined to vote for the So-
licitor. I think this action
again is self evident.
PFOHL: Mr. Chairman, I must
again object that this is not
the subject matter.
HORGAN: It's the Official Record.
PFOHL: This is not tbe subjcct
matter before us at this time.
TAKOS: I'm debating that point,
sir.
HORGAN: it.
#11
#6
#12
dcbating
He's
~.,.
,
,
~I
I
:
!
69
Takas's use of the word. I
defined the meaning of the
word as "a committee for
everything", and I suggest
further that everyone start
using the word. H Mr. Takas
has any pet words of his own
and I suspect he does, I would
suggest he define his own so
people will know what he
is talking about. (Takas state-
ment is irrelevant)
Councilman Pfohl moved that the
communication be received and
filed and made a matter of record.
Seconded by Mayor Horgan. Car-
ried by the following vote:
Yeas - Mayor Horgan, Council-
men Kean, Ludwig, Pfohl. Takas.
Nays-None.
If these words are used to
describe my actions, and I
think they are, Mr. Takas
Owes the public an explana.
tion of what he means and he
also owes the public positive
proof of his accusations at
that point. (Takas statement
unclear and without proof-
fallacy)
Mr. Takas, you brought sus-
picion to the Dubuque City
Councl table in 1959 and 1960
and it has never been there
ever since. I am sorry for you
and hope you can eradicate
this suspicion from your mind
in the best public interest.
#18 Perhaps you are fighting with
yourself about yourself, I
can't tell, but I would again
suggest a change of attitude
on your part. If the manager
form of government is in
danger, perhaps the weakness
could stem in part from your
own actions as a Councilman.
Be that as it may, I am con.
fident that the clectorate, the
people of Dubuquc, will de-
cide that question when and if
it comes up before them. In
closing this portion of my
presentation, I feel that you
Mr. Takas are unduly con-
cerned, 90% of the time with
things that border on hallu-
cinations. I hope you can take
some advice from a fellow
Councilman and may God
bless you.
March 1, 1965
#16
#17
Regular Session,
whether I was out of order
he said "no" and I think he
meant it. The fact of the
situation is that I was not
called out of order by the
chairman and therefore I feel
completely cleared of your
charge, whatever that charge
may be, to merit an apology.
(Takas statement has no basis
in fact)
#11 Your charge that I cannot
comprehend and therefore
should resign from the Du-
buque Cit yCouncil could very
well stem from your own
weakness whereby you imag~
ine situations which do not
exist except in your own
mind. I would suggest, in the
public interest, that you not
judge others by yourself in
the future. (Takas statement
false)
#12 There was no point of dis-
agreement. As I recall, Mr.
Horgan was absent that night.
I also recall that my premise
for asking for the resignation
of the other four members
of that Council was their re-
fusal to even recognize that a
question was being asked of
them by a citizen. I consider.
ed my action in the best pub-
lic interest under those cir-
cumstances. Anyway this has
absolutely nothing to do with
the subject matter or my rec-
ord as a Councilman. (Takas
statement irrelevant)
#13 Does Mr. Takas have any pos.
itive proof that Mr. Pfohl
does not? (should be answer-
cd by Mr. Takas)
#14 I stated publiCly in the Tele-
graph Herald that I do favor
the City Manager form of gov-
ernment if the Council exer-
cises proper control over the
Manager. This, in essence, is
what I said on October 20,
1963 in that newspaper and I
frankly meant what I said.
You havc a right to differ
with me on this subject but
are you not trying to deny
me the right to differ, Mr.
Takos? (should be answered
by Mr. Takas)
word "com~
welcome Mr.
#15 I did coin the
mitteeitis and I
I
,I r,
j .
,I l
~ 1
1965
inent questions. There is no
rule saying the Council must
go as a body to obtain Public
or Official Records. The state-
ment about the form of gov-
ernment is irrelevant to this
right to obtain Official Rec.
ords. (Takas statement is fal-
lacy)
#5A point of the discussion it has
been proven that all state-
ments by Mr. Takos were
false. H Mr. Takas would have
had the Official Record be-
fore him he would not
have dealt in fallacy. He was
"quoting" the Official Record
from memory and that alone
makes his statements unreli-
ablc. (based on hearsay)
This is irrelevant to the sub-
ject matter whether I voted
for or against the reappoint-
ment of the City Solicitor. To
vote yes or no is first of all
my right as a duly elected
official and above all my duty
when I see fit to do so in the
public interest. (Takas state-
ment is irrelevant)
By Mr. Takas's own admission,
his statement is only a conten-
tion and therefore is of no
value whatsoever without
some further substantiation.
(go to #8)
I did not even submit a design
for the parking ramp. What I
submitted was a sketch which
could be called a drewlng of
en idee. The sketch suggested
interior ramps from one floor
to another plus some sug-
gested parking arrangement.
It was color coded and con-
tained a notation to the effect
that thc sketch was merely an
idea. I introduce a letter from
the DeLeuw Cather Co. de-
signers of the ramp to sub.
stantiate that (Mr. Takas
statement is fallacy)
#10 If you, Mr. Takas, can prove
that an apology is in order,
I will make the apology per-
sonally and in writing to the
Planning and Zoning Com-
mission. When I asked the
Chairman of that meeting
1,
This statement by the Mayor
is false because up to this
March
#8
also
#5
also
#9
#6
#7
Session,
(Takas
There is no written policy
anywhere under the Manager
form of government that for-
bids a Councilman from talk-
ing to people, whethcr those
people be citizens or other
officials. All citizens, as well
as Officials havc the right to
ask to see the Official Rec-
ords of Boards and Commis.
sions and even ask them pert.
This idea of harassment
came originally from "Edi-
torial Copy for VIEWS ON
THE NEWS" programs Dec.
30-31, 1964, by Radio Station
K.D.T.H. I confronted Mr.
Robert Woodward Jr. with
the Editorial on Jan. 25, 1965
and he had no reasonable ex-
planation for his actions, nor
did he have any proof of his
allegation of harassment. On
Jan. 26, 1965 I received a
registered letter from Mr.
Woodward in which he re-
quested that I refrain from
entering the premises of his
station. He did this because
in his own words "In my opin-
ion your visit to my office
yesterday represented an at.
tack on my integrity-I>. Then
on January 28, 1965, I ap-
peared before the Planning
and Zoning Commission of
Dubuque and read my repud-
iation of the Editorial by Mr.
Woodward; and thc City Plan-
ner was present at that meet~
ing and could have contradict-
ed my statement at that time,
if he so wished.
Planncr - with the qualifi.
cation being a degree in En.
gineering. On Jan. 6, 1964,
during the discussion which
led up to the motion (unani-
mous) by the Council to have
the duties of the Planner laid
out I suggested (verbally)
that the Planning be "intc.
grated or coordinated with
the Enginecring Department
to form a department named
Planning and Engineering
Department." I have never at
any time, anywhere stated
that I wanted the Planner
under the Engineering De-
partment. (Takas statement is
fallacy)
fallacy)
Regular
Is
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68
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plant within sixty days. However,
in the event that construction has
not been started within (6) six
months from date of delivery of
deed, this body recommends that
ownership of the land revert to
City of Dubuque, and the purchase
price be refunded to the buyer.
Time is of the essence and we
ask that this proposal be given
yOUf attention as soon as possible
in the week of March 7, 1965.
Respectfully submitted:
Mayor's Industrial Com.
mittee
offer of Coca
should be ac-
Rohert J. Horgan, Mayor,
City of Dubuque, Iowa
J oseph Voelker, Chm.,
Dock Commission
Robert E. Dorothy,
Mgr., Industrial Bureau
Mayor Horgan moved that the
communication be received and
made a matter of record and the
offer of Coca Cola Bottling Co. of
Dubuque be accepted. Seconded by
Councilman Pfohl. Carried -by the
following vote:
Yeas - Mayor Horgan, Council
men Kean, Ludwig, Pfohl, Takas
Nays-None.
11, 1965
RESOLUTION NO. 54-55
WHEREAS, by written communi-
cation dated March 4, 1965, COCA
COLA BOTTLING CO., of Dubuque,
an Iowa corporation, offered to
purchase two (2) acres of land
situated in the Industrial Park of
Dubuque, Iowa, for the sum of
Three Thousand Five Hundred
($3,500.00) Dollars per acre, and
which real estate is described
as follows:
Lot 1 of Block 15 in Rivcr
Front Subdvision No. 3 in the
City of Dubuque, Iowa, contain.
ing 2.092 acres.
WHEREAS, the Mayor's Indus-
trial Committee, consisting of Hon-
orable Robert Horgan, Mayor of
City of Dubuque, Iowa, Joseph
Voelker, Chairman, and Robert
Dorothy, Manager, Dubuque Indus.
trial Bureau in a written com.
munication to the City Council of
City of Dubuque, Iowa, dated
March 5, 1965, recommended the
sale of said two acres to Coca
Cola Bottling Co. upon certain con-
ditions; and
WHEREAS, the
Cola Bottling Co.
cepted.
March
Session,
CITY COUNCIL
OFFICIAL
Mayor Horgan read the call and
stated that scrvtce thcreof had
been duly made and this meeting
is called for the purpose of con-
sidering an offer of purchase of a
tract of land in Area "B" in indus-
trial Park to Coca Cola Bottling
Co. and acting on any other busi-
ness which may properly come
before a regular meeting of the
City Council.
1965
City Council
City of Dubuque, Iowa
Gentlemen:
The Dubuque Industrial Bureau
has worked with the management
of the Coca Cola Bottling Company
of Dubuque since October, 1963, in
solving its problem of locating
property for a new bottling plant
in Dubuque.
After a thorough search, and in-
vestigation of many parcels of land
and buildings which were unsuit-
able, this firm made application
for a bUilding site in Industrial
Park. This request was made due
to the fact that the building hous-
ing Coca Cola's present operation
has been sold, and therefore the
firm must find new quarters im-
mcdiately.
With due regard for, and con-
sideration of the problems of Du-
buque's existing industries, and in
the case of this firm which has
been in constant operation in Du-
buque at the same address, for
sixty years, this body recommends
the sale of (2) two acres of land in
Block 15, Riverfront Subdivision,
Area B of Dubuque Industrial Park,
to Coca Cola Bottling Co. of Du-
buque, at a sale price of $7,000,
ten per cent of which is herewith
attached by check in the amount of
$700, as earnest payment.
Officials of the Coca Cola Bottl-
ing Co. of Dubuque have stated in
writing that they intend to com-
mence construction of the new
Session, Much 11, 1965.
met at 8:00 o'clock P.M.
Special
Council
(C.5.T.)
Present--Mayor Horgan, Coun-
cilmen Kean, Ludwig, Pfohl, Ta.
koSo City Manager Gilbert D.
Chavenelle.
March 5,
Special
1
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10 Regular Session, March 1, 1965
-
There being no further business
Mayor Horgan moved to adjourn.
Seconded by Councilman Kean.
Carricd by the following vote:
Yeas - Mayor Horgan, Council-
men Kean, Ludwig, Pfohl, Takos.
Nays-None.
Leo F. Frommelt
City Clerk
Approved ....... ..................1965
Adopted ......... ................1965
.....................
.....................
Councilmen: .....................
.....................
l ................,,,,,
Attest: ....................
City Clerk
I
<Ilf..''''-..''''
73
Locust on March 6, 1965, presented
and read. Councilman Ludwig mov-
ed that the notice of claim be
referred to the City Solicitor for
investigation and report. Seconded
by Councilman Takas. Carried by
the following vote:
Yeas - Mayor Horgan, Council
men Kean, Ludwig, Pfohl, Takas,
Nays-None.
N atiee of claim of Merle P.
Koch of 1111 Rosedale, in thc
amount of $15.00, for car damage
as the result of striking a hole in
the pavement about 150' east of
Rosedale and W. Locust Street,
on March 5, 1965, 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 Takas. Carried by the
following vote:
Yeas - Mayor Horgan, Council-
men Kean, Ludwig, Pfohl, Takas.
Nays-None.
Notice of claim of Myron R.
Turnmeyer of Asbury Road, in the
amount of $40.00, for car damage
as the result of striking a hole in
the pavement at 1982 Asbury
street on March 5, 1965, presented
and read.
Councilman Ludwig moved that
the notice of claim be referred
to the City Solicitor for investiga-
tion and report. Seconded by Coun-
cilman Takas. Carried by the fol-
lowing vote:
Yeas - Mayor Horgan, Council-
men Kean, Ludwig, Pfohl, Takas.
Nays-None.
Notice of claim of Thomas R.
Davis of 1673 Hickson St.. in the
amount of $25.00, for damage to
his car as the result of striking
a hole in the street at 32nd and
North Grandview on March 3. 1965,
presented and read. Councilman
Ludwig moved that the notice of
claim be referred to the City Solic-
itor for investigation and report.
Seconded by Councilman Takos.
Carried by the following vote:
Yeas - Mayor Horgan, Council-
mcn Kean, Ludwig, Pfohl, Takas.
Nays-None.
Respectfully submitted,
R. N. Russo,
City Attorney
Councilman Takas moved that
the recommendation of the City At-
torney be approved. Seconded by
Councilman Ludwig. Carried by the
following vote:
Yeas - Mayor Horgan, Council-
men Kean, Ludwig, Pfohl. Takos,
Nays-None.
Communication of Edward G.
Bradfield of 485 Collcge St., rc-
questing information as to the
status of a car damage claim filed
sometime ago, presented and read.
C'ity Attorney Russo explained
that the claim has taken its prop-
er course by submitting same to
the proper carrier who in turn
has failed to respond to date. Coun-
cilman Takos moved that the
communicaton be received and fil-
ed. Seconded by Councilman Lud-
wig. Carried by the following
vote:
Yeas - Mayor Horgan, Council-
men Kean, Ludwig, Pfohl. Takas.
Nays-None.
11, 1965
March
Session,
March 9, 1965
& City Council
Re: Arnold J. Jaeger
Gentlemen:
On March 1, 1965, Arnold J.
Jaeger of 2131 Jackson Street, Du-
buque, Iowa, filed claim in the
amount of $187.97 for damage to
his car and for injuries to his
wife, which incident occurred on
January 2, 1965 at 25th & Central
Ave., in the City of Dubuque.
I have made an investigation of
this matter and have learned that
the barricade in question was re-
moved by a group of juveniles from
a sewer project at the corner of
Diagonal and Central Avenue and
placed it in the south bound lane
of travel on Central Avenue.
It is my recommendation that
said claim should be denied for
the reason that there was no action-
able negligence on the part of the
City of Dubuquc to justify pay-
ment of said claim.
Original claim is attached here-
to.
Notice of claim of Mrs. Velma
Wetzel, of 1091 Main Street, in the
amount of $15,000. for personal in-
juries received in a fall on ice
and snow at the southwest corner
of intersection of West Eleventh
Notice of claim of Harold R. Al-
brecht, of 467 Primrose St., in the
amount of $25.50, for car damage
as the result of striking a hole
in the pavement east of the inter-
section of Rosedale and West
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Special
Hon. Mayor
I
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11, 1965
Communication of Communities
Services Survey Committee sub-
mitting a copy of their report being
a logical starting point to answer
human needs of Dubuqueland, and
assist voluntary and governmental
agencies in moving ahead in the
the areas of health, welfare and
recreation, presented and read.
Councilman Pfohl moved that thc
report be received and filed. Sec-
onded by Councilman Kean. Car-
ried by the following vote:
Yeas - Mayor Horgan, Council-
men Kean, Ludwig, Pfohl. Takas.
Nays-None.
Gentlemen:
On the 19th day of April 1963,
Mrs. Irma Phillips filcd claim
against the City of Dubuque claim-
ing injuries as a result of a fall
on the 2nd day of March 1963 at
the alley crossing adjacent to 1064
University Avenue, alleging a con-
dition thereat of an accumulation
of snow and ice thereat causing
her fan and that she suffercd per-
sonal injuries
I have conferred with her at-
torneys, who have made an offer
of settlement in the amount of
$500.00 and it is the recommcnda-
tion of thc City Attorney that
said offer be accepted, and that
the City Auditor be instructed
to draw warrant payable to
Irma Phillips in the amount of
$500.00 and transmit same to the
City Attorney for delivery upon
the receipt of a duly executed
release.
Original
to.
Respcctfully submitted,
R. N. Russo,
City Attorney
Fcbruary 25, 1965
Mayor & City Council
reo Mrs. Irma Phillips
1135 University Avc.
Session, March
HOll.
attached here.
is
claim
Mayor Horgan movcd that the
recommendation of the City Attor-
ney be approved and the Auditor
instructed to issue proper warrant.
Seconded by Councilman Takas.
Carried by the following vote:
Yeas - Mayor Horgan, Council-
men Kean, Ludwig. pfohl. Takas.
Nays-None.
NOW THEREFORE BE IT RE-
SOLVED BY THE CITY COUNCIL
OF CITY OF DUBUQUE, IOWA:
Section 1. That offer by Coca
Cola Bottling Co. to purchase the
fOllowing described real estate:
Lot 1 of Block 15 in River
Front Subdivision No.3 in the
City of Dubuque, Iowa, con-
taining 2.092 acres.
for the sum of Three Thousand
Five Hundred ($3,500.00) Dollars
per acre be and the same is hereby
accepted upon the following terms
and conditions:
a) Coca Cola Bottling Co. shall
commence manufacturing opera-
tions within six months (6) of deliv-
ery of Quit Claim Deed conveying
the property hereinabove described
by City of Dubuquc, Iowa;
b) Construction of thc building
and use of said premises by Coca
Cola Bottling Co. shall be in ac.
cordance with provisions of City of
Dubuque Ordinance No. 3-34,
known as the ZONING ORDIN-
ANCE OF TIlE CITY OF DU-
BUQUE, !OW A, as amended by
Ordinance No. 33-59, establishing
and defining "Restricted Industrial
District" said building when con-
structed shall contain approximate-
ly 21,000 squarc feet;
c) Subjcct to perpctual right
and perpetual easement in City of
Dubuque, Iowa, in, over and across
said premises for purpose of re-
pair, maintenance and inspection
of existing City water main and
sewer lines.
Section 2. That thc City Clerk be
and he is hereby directed to pub-
lish notice of intent to dispose
of interest in real estate by City
of Dubuque and is by law provided.
Passed, adopted and approved
this 11th day of March, 1965.
Robert J. Horgan
Mayor
Richard Ludwig
Peter J. Takas
Eldon A. pfohl
James J. Kean
Councilmen
Attest:
Leo F. Frommelt,
City Clerk
Councilman Ludwig moved adop-
tion of the resoluton. Seconded by
Counclman Takos. Carried by the
following vote:
Yeas - Mayor Horgan, Council
men Kean. Ludwig, Pfohl, Takas
Nays-None.
Special
72
:i"
75
adopted and approved
day of March, 1965.
Robert J. Horgan
Mayor
Richard Ludwig
Peter J. Takas
Eldon A. Pfohl
James J. Kean
Councilmen
Councilman Takas moved adop.
tion of the resolution. Seconded by
Mayor Horgan. Carried by thc fol-
lOwing vote:
Yeas - Mayor Horgan, Council
men Kean, Ludwig, Pfohl. Takas.
Nays-None.
There being no further business
Mayor Horgan moved to adjourn.
Seconded by Councilman Takas.
Carried by thc following vote:
Yeas - Mayor Horgan, Council-
men Kean, Ludwig, Pfohl, Takas.
Nays-None.
Leo F. Frommelt,
City Clerk
1965
1965
March 11, 1965
Attest:
Leo F. Frommelt,
City Clcrk
NAME ADDRESS
CLASS "B" BEER PERMIT
lone Miller, 1322 Central Avenue
Syl A. Weiner, 201 East 22nd Street
Passed, adopted and approved
this 11th day of March, 1965.
Robert J. Horgan
Mayor
Richard Ludwig
Peter J. Takas
Eldon A. Pfohl
James J. Kean
Councilmen
Attest:
Leo F. Frommelt,
City Clerk
Approved
Adopted
Passed,
this 11th
Session,
RESOLUTION NO. 56-65
WHEREAS, applications for Becr
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 thc City of DUbuquc,
Iowa, that the folloWing applica-
tions be granted and licenses be
issued upon the compliance with
the terms of the ordinances of the
City.
Councilman Takos moved adop-
tion of the resolution. Seconded
by Councilman Kean. Carried by
the following votc:
Yeas - Mayor Horgan, Council
men Kean, Ludwig, Pfohl, Takos,
Nays-None.
Special
Councilmen
City Clerk
NAME ADDRESS
CLASS "B" BEER PERMIT
lone Miller, 1322 Central Avenue
Syl A. Weiner, 201 East 22nd
Street
BE IT FURTHER RESOLVED
that the bonds filed hy such ap_
plicants be and the same are here-
by approved.
.1
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may be displaced due to the en-
forcement of city codes or the con-
struction of public faciIites, and
in so doing, make use of the re-
sources of the several community
service agencies;
4. Be responsible for investiga-
tion reports and processing proced-
ures necessary for the demolition
of buildings.
5. Locate, inventory and inspect
rental and purchase properties
available for relocation purpose.
6. Maintain records of inspec-
tions, inspection results, reloca-
tions and available properties.
Respectfully requested,
Gilbert D. Chavenelle,
City Manager
Councilman Takos moved that
the request of the City Manager
be approved. Seconded by Council-
man Ludwig. Carricd by the fol-
lowing vote:
Yeas - Mayor Horgan, Council-
men Kean, Ludwig, Pfohl. Takas.
Nays-None.
11, 1965
March
Session,
and the alley between Main and
Locust Streets on January 28, 1965,
presented and read. Councilman
Ludwig moved that the notice of
claim be referred to the City
Solicitor for investigation and re-
port. Seconded by Councilman
Takas. Carried by the following
vote
Yeas - Mayor Horgan, Council
men Kean, Ludwig, Pfohl. Takos.
Nays-None.
Special
74
RESOLUTION NO. 55-65
BE IT RESOLVED by the City
Council of the City of Dubuque,
Iowa, that the following having
complied wth the provsions of law
relating to the sale of Cigarettes
within the City of Dubuque, Iowa,
be granted a permit to sell Cigar-
ettes and Cigarette Papers within
said City.
Petition of Frank McGovern re-
questing permission to excavate
in University and O'Hagen Streets
for sewer purposes, presented and
read. Councilman Takos moved that
the petition be granted subject 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.
Attest:
RESOLUTION NO. 57-65
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, thc 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
Gordon Cunningham, (Effective
April, 1965) Bunker Hill Golf
Course
BE IT FURTHER RESOLVED
that the bonds filcd with the appli-
cation be approved.
Passed, adopted and approved
this 11th day of March, 1965.
Robert J. Horgan
Mayor
Richard Ludwig
Peter J. Takos
Eldon A. Pfohl
James J. Kean
Councilmen
Petiton of Dubuque Insulation
and Siding Co. requesting permis-
sion to construct a fixed awning
on the building located at 1570-1596
Central Ave., presented and read.
Councilman Takos moved that the
petition be grantcd subject to the
approval of the Building Commis-
sioner. Seconded by Councilman
Kean. Carried by the following
vote:
Yeas - Mayor Horgan, Council-
men Kean, LUdwig, pfohl. Takos.
Nays-None.
March 11, 1965
To the Honorable Mayor
and City Council
Gentlemen:
It is requcsted that the City
Manager be given permission to
immediately increase the city staff
by one employee. The purpose is
to make possible the assignment of
a full time person as Housing In-
spector under the city Housing
Code. It is impossible to do this
with the present staff and it is not
possible to accomplish the work
by part time assignment.
The duties of the Housing in-
spector will consist of:
Attest:
Leo F. Frommelt
City Clerk
Councilman Takos moved adop-
tion of the resolution. Seconded
by Mayor Horgan. Carried by the
following vote:
Yeas - Mayor Horgan, Council
men Kean, Ludwig, Pfohl. Takos,
Nays-None.
1. Conduct of systematic and
continuous inspections of dwellings
on a neighborhood by neighbor-
hood basis;
2. Working with property owners
to bring about compliance with the
Housing Code;
3. Assist persons to relocate
who
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