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1965 April Council Proceedings 77 8. Committee work and contacts have been made with such groups as the Chamber of Commerce and the Dubuque C 0 u n t y Medical Association. A city clean-up pro- gram is being planned. RESOLUTION NO. 58-65 WHEREAS. Dr. Albert J. En. tringer was appointed Director of the City of Dubuque Health De. partment on April 3, 1939: and WHEREAS, Dr. Entringer faith. fully served the public health needs of the citizens of Dubuque for nearly twentysix (26) years, which service was interrupted only by the call of his Country to ac. tive duty in the United States Army Medical Corps during World War II: and WHEREAS, Dr. Entringer passed away on the 8th day of February, 1965: and WHEREAS, the local Board of Health wishes to express both its sadness at the loss of a devoted Director, and its gratitude for hav- ing had his services: NOW, mEREFORE BE IT RE. SOLVED BY mE BOARD OF HEALTH OF THE CITY OF DU. BUQUE, IOWA: That this Resolution be passed and made a matter of Public Record as a token of appre- ciation for Dr. Albert J. En- tringer's community service, and that a copy of this Reso. lution be forwarded to Dr. Entringer's widow. I recommend that the Board appoint Dr. Kenneth K. Hazlet Director of the City of Dubuque Health Department. For your information, I am en. closing a detailed statement of the Doctor's educational back- ground and work experience. Respectfully requested, Gilbert D. Chavenelle City Manager Chairman Robert J. H 0 r g a n moved approval of the recommen~ dation. Seconded by Mr. Eldon J. Pfohl. Carried by the following vote: Yeas-Chairman Robert J. Hor- gan, Messrs. James J. Kean, Rich. ard Ludwig, Eldon A. Pfohl, Peter J. Takas. Nays-None. 1965 5, Regular Session, April 5. Contacts have been estab- lished with the State Health De. partment, the Dubuque County Board of Health and the health departments of adjoining counties and assurance of cooperation has been received; 6. Ground work has been laid for supporting the Building De. partment in code enforcement ac- tivities; 7. A program of immunization of city emergency crews has been formulated for presentation to city departments; Regular Session, April 5, 1965. Board met at 7:30 P.M. (C.S,T. Present - Chairman Robert T. Horgan, Messrs. James J. Kea,n, Richard Ludwig, Eldon A. Pfohl, Peter J. Takos, Acting Director Dr. Kenneth K. Hazlet. April 5, 1965 year, been Offi. un. the 1. Secured and reviewed com~ plete personnel information of the staff of the department and reo quested from each member written and oral suggestions for the opera- tion of the department; 2. Staff positions have been re- viewed and w 0 r k assignments made specific; 3. City Health statistical records have been investigated, reorgan- ized and tabulated to reflect ac- tual birth and death rates within the city: 4. A system of reporting com- municable disease direct from the hospital in the name of the phy. sician has been put into effect. Health During the interim he has dertaken and accomplished following: Board of Health City of Dubuque Gentlemen: Since February 9th of this Dr. Kenneth K. Hazlet has acting as temporary Health cer of the City. OFFICIAL Board of \ ~ \ I' ! I , I . nl , I , Yeas - Mayor Horgan, Council men Kean, Ludwig, Piohl, Takas, Nays-None. Communication of Community Redevelopment Committee of the Chamber of Commerce requesting the Council to endorse eight com. mittee functions described as pro~ grams as recited, presented and read. Mayor Horgan moved that the communication be referred to the Council. Seconded by Council- man Takas. Carried by the follow. ing vote: Yeas - Mayor Horgan, Council men Kean, Ludwig, Pfohl, Takas. Nays-None. 79 1965 5, April Regular Session CITY COUNCIL OFFICIAL Regular Session, April 5, 1965. Council met at 7:40 P.M. (C.S.T. Present - Mayor Horgan, Counen men Kean, Ludwig, Pfohl, Takas, City Manager Gilbert D. Chaven, aile. Communication of State Depart- ment of Health submitting a reo port as to the review of the shal- low well area and field at Eagle Point, recommending that use of the area be limited to the purpose for which it was originally de- veloped, for various reasons such as maintenance, future develop- ment etc., presented and read. 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. March 31, 1965 To the Honorable Mayor and City Council Gentlemen: I herewith submit reports of the City Auditor, City Treasurer and City Water Department end City Health Department for the month of February, as well as a list of claims and payrolls for which warrants were issued for the month of February, 1965. Respectfully submitted, Gilbert D. Chavenelle City Manager Councilman pfohl moved that the reports be received and filed. 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 in February presented and read. Councilman Takos moved that Mayor Horgan read the call and stated that service thereof had been duly made and this meeting is the Regular Monthly Meeting of the City Council called for the purpose of acting upon such bus. iness as may properly come before the meeting. Communication of Westchester Inc. submitting a construction re- port and cost schedule compiled by Cullen Schiltz Associates of a sanitary sewer in Key Knolls Sub. from Catfish Creek trunk line along centerline of proposed Key Way Drive in the amount of $9,- 572.85, presented and read. Mayor Horgan moved that the schedule be referred to the City Engineer. Seconded by Councilman Ludwig. Carried by the following vote: Yeas - Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays-None. Communication of Pas c a I P. Paddock, Consulting E n gin eers, submitting a brochure on swim. ming pool construction and de. signs for consideration in proposed swimming pool construction, pre- sented and read. Councilman Kean mOVed that the communication be referred to the Recreation Com- mission. Seconded by Councilman Takas. Carried by the following vote: Yeas - Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takas. Nays-None. Communication of Mer c bants Mutual Bonding Co. submitting a certificate of Authority authoriz. ing them to transact Fidelity & Surety Insurance business in the State of Iowa to April 1966, pre. sented and read. Councilman Ludwig moved that the certificate be received and filed. Seconded by Councilman Takas. Carried by the following vote: ..................1965. ..1965. 1965 Adopted Members of Bd. of Health 5, Approved Regular Session, April Passed, adopted and approved this 5th day of April, 1965. Robert J. Horgan Chairman Richard Ludwig Peter J. Takas Eldon A. Pfohl James J. Kean Members, Board of Health Attest: Leo F. Frommelt Clerk Board of 78 , Attest: .................................... Clerk Board of Health Health Chairman Robert J. H 0 r g a n moved adoption of the resolution. Seconded by Mr. Richard Ludwig. Carried by the following vote: Yeas-Chairman Robert J. Hor- gan, Messrs. James J. Kean, Rich- ard Ludwig, Eldon A. Pfohl, Peter J. Takas. Nays-None. Dr. Kenneth K. Hazlet submit. ted a report of comparative figures of vital statistics for 1930-40-50 and from 1955 thru 1964, also the annual report of the health de. partment for 1964. Chairman Rob. ert J. Horgan moved that the re- ports be received and filed. Sec- onded by Mr. Eldon A. Pfohl. Car. ried by the following vote: Yeas-Chairman Robert J. Hor. gan, Messrs. James J. Kean, Rich- ard Ludwig, Eldon A. Pfohl, Peter J. Takas. Nays-None. Dr. Kenneth K. Hazlet made a report of the innoculation pro- gram. There being no further bus- iness Chairman Robert J. Horgan moved to adjourn. Seconded by Mr. Peter J. Takas. Carried by the following vote: Yeas-Chairman Robert J. Hor. gan, Messrs. James J. Kean, Rich- ard Ludwig, Eldon A. Pfohl, Peter J. Takas. Nays-None. Leo F. Frommelt Clerk Board of Health. :>& 81 Councilman Pfohl moved that the filing be approved subject to the approval of the City Solicitor. Sec. onded by Councilman Ludwig. Car- ried by the following vote: Yeas - Mayor Horgan, Council men Kean, Ludwig, Pfohl, Takas Nays-None. RESOLUTION NO. 59-65 WHEREAS, under Title I of the Housing Act of 1949, as amended, (herein referred to as "Title I"). the Housing and Home Finance Administrator is authorized to ex- tend financial assistance to local public agencies in the elimination and prevention of the spread of their slums and urban blight through the planning and under- taking of urban renewal projects; and WHEREAS, the City Council by Resolution No. 122.62 has found that: The report consists of a review of the work carried out in 1964 and a project~)D of the work pro- grams for 1965. I request your approval of report. Respectfully submitted, Gilbert D. Chavenelle, City Manager Councilman Takas moved approv- al of the report. Seconded by Councilman Kean. Carried by the following vote: Yeas - Mayor Horgan, Council- men Kean, Ludwig, Pfohl. Takas. Nays-None. To the Honorable and City Council, Gentlemen: This is to advise that I have approved the following bonds and desire to have your approval on same. 1) One or more slum or blighted areas exist in the City of Dubuque, Iowa, and 2) The rehabilitation, conserva- tion, redevelopment, or a combina- tion thereof of such area or areas is necessary in the interest of public health, safety, morals, or welfare of the residents of the City of Dubuque, Iowa; and WHEREAS, Title VI of the Civil Rights Act of 1964, and the regno lations of the Housing and Home Finance Agency effectuating that Title, provide that no person shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination in the undertaking and carrying out of urban renewal projects assisted under Title I of the Housing Act of 1949, as amend- ed; and WHEREAS, it is desirable and in the public interest that the City of Dubuque make surveys and prepare plans, presently estimated to cost approximately Two Hun- dred Seven Thousand and Forty Dollars ($207,040.00), in order to undertake and carry out an urban renewal project of the character contemplated by Section 1l0(c) of Title I in that area proposed as an Urban Renewal Area, situated in the City of Dubuque, County of Dubuque, and State of Iowa, which is described as follows: COMPREHENSIVE LIABILITY Merlin Goerdt, d/d/a M. F. Goerdt Constr. Co., The Hanover Insur- ance Co., Policy No. 2 CGB 584931 John C. Jones, The Western Cas- ualty and Surety Co., Policy No. AGe 89 090 Edward D. Tschiggfrie Jr. and Joan Tschiggfrie, Bituminous Casualty Corporation Policy No. CL 879935 SIDEWALK Donald Walser and John T. Link d/b/a Walser and Link, United States Fidelity and Guaranty Co. M. P. Kluck and Son d/b/a Merlin P. Kluck, United States Fidelity and Guaranty Co. Timmennan Construction Co., The ~ravelers Indemnity Company John P. Welter Sons, Western Sure- ty Company Raphael H. Strub, Western Sure- ty Company Robert Shireman, Merchants Mu- tual Bonding Company Frank E. & Delbert MilIer, Hawk- eye-Security Insurance Company Wendelin Rettenberger d/b/a Rettenberger Tree & Landscape, Merchants Mutual Bonding Com- 1965 5, Regular Session, April the 1965 5, Apri Mayor pany Curtis Bauer, Bonding Co. Joseph A. Becker d/b/a Albert Becker & Sons, General Insur- ance Company of America Respectfully, Gilbert D. Chavenelle, City Manager Mutual Merchants I '\ i } ~I Session, April 5, 1965 ment. Seconded by Councilman Ludwig. Carried by the follOwing vote: Yeas - Mayor Horgan, men Kean, Ludwig, Pfohl Nays-None. Council Takos, To the Honorable and City Council Gentlemen: I am returning to you the peti- tion of the Playground and Recrea- tion Commission regarding the pur- chase of a golf course site. The petition had been referred to the Conncil pending a joint meeting with. the Commission. The joint meeting was held on March 11th and it is now appropriate to formally consider the request. After you have considered the request, will you please refer it to me with your instructions? Respectfully submitted, Gilbert D. Chavenelle, City Manager March 31, 1965 Mayor Councilman Takos moved that the communication be referred back to the Cty Manager to investi- gate the possible purchase of land, etc., and to report back to this body. Seconded by Councilman Kean. Carried by the following vote: Yeas - Mayor Horgan, Council men Kean, Ludwig, Pfohl, Takas. Nays-None. 5, 1965 Respectfully requested, Gilbert D. Chavenelle, City Manager Council Takas April Mayor Councilman Kean moved that the request be granted. Seconded by Councilman Pfohl. Carried by the following vote: Yeas - Mayor Horgan, men Kean, Ludwig, Pfohl Nays-None. To the Honorable and City Council Gentlemen: I request permission to attend the National League of Cities to be held in Detroit, July 24th to the 28th. Regular the proof of publication be reo ceived li n d filed. Seconded hy Councilman Kean. Carried by the fOllowing vote: Yeas - Mayor Horgan, Council men Kean, Ludwig, Pfohl. Takas Nays-None. To the Honorable and City Council Gentlemen: I am returning to you the peti- tion of Mr. D. M. Allendorf reo questing a change in the contract for ambulance service between the City and the City of East Dubuque. The request is to extend the ambu- lance service beyond the five mile limit stipulated in the contract. I am also enclosing a letter from Chief Hickson dated March 12th in which he recommends that no new territory be added to the territory now served by the city ambulance. I recommend that the contract with East Dubuque be continued without modification and that the petition be denied. Respectfully submitted, Gilbert D. Chavenelle, City Manager Councilman Kean moved that the recommendation of the City Man- ager be approved. Seconded by Councilman pfohl. Carried by the following vote: Yeas - Mayor Horgan, Council- men Kean, Ludwig, pfohl. Takos. Nays-None. 1965 To the Honorable and City Council Gentlemen: I am enclosing a letter from State Highway Commission District Engineer Mr. Snyder, an agreement to be executed by the City and State for reimbursement, and a letter of explanation by City Engi- neer John White, dated March 26th. These enclosures have to do with the State participation in the cost of resurfacing South Locust Street. It is recommended and requested that the City Council accept the agreement. 80 1965 31, March Mayor March 31, Mayor 1965 To the Honorable and City Council Gentlemen: I submit to you a report for the Recertification of the 1965 Dubuque Workable Program for Community Improvement. 5, April Mayor Respectfully submitted, Gilbert D. Chavenelle, City Manager Councilman Takas moved approv- al of the recommendation and authorized execution of the agree- '<~.,'t' .t'" 83 1965 Yeas - Mayor Horgan, Council men Kean, Ludwig, pfohl. Takas Nays-None. To the Honorable and City Council Gentlemen: At a regular meeting of the Planning and Zoning Commission held on March 11, 1965 the follow. ing action was taken: That the petition containing 196 signatures urging the City of Du- buque to proceed with the annexa- tion of an area on the west side of the city be returned to the City Council. The Planning and Zoning Com- mission wishes to publicly express its thanks to those who circulated and signed the petitions and sup- ported the successful annexation election held in December of 1964. Respectfully submitted, Frank J. Glab, Secretary Mayor Horgan moved that the communication be received and filed. Seconded by Councilman Kean. Carried by the following vote 1965 Gentlemen: At a regular meeting of the Du- buque City Planning and Zoning Commission held on March 25, 1965 the following action was taken: That the petition of E. J. Hafe. man to. rezone Lots 199, 200, 201, 202 and 203 in Ham's Addition fram Twa- Family zoning classifica- tian to Multiple Family Zaning Classificatian be approved and that the approval of the City Cauncil be recommended. These lats are lacated between Shiras and Farragut A venues, im- mediately west of the Milwaukee Railroad right-of-way. These lots wauld frant on Garfield if it were extended. Respectfnlly submitted, Frank J. Glab, Secretary Mayor Horgan moved that the recammendation of the Cammis- sion be approved and referred to the City Attorney for proper pro- ceedings. Secanded by Councilman Ludwig. Carried by the following vote: 17, March 29, Mayar March Mayor To. the Hanorable and City Cauncil 1965 5, Regular Session, Apri Carried Mr. Harold Jestel of 1466 Jack. son St. addressed the Council by reading fro m N atians Business magazine that seemed to. take a rather dim view af Urban Renewal and its results. Mr. Herb Kieffer of 535 Chestnut St. seemed to be under the impressian that Mr. Hartzog, the former city planner, had recammended the area from 3rd to 5th and Locust to Bluff, for the County.City building, rath- er than where it is presently planned far. Councilman Peter J. T aka s moved that the following state- ment be a matter af the perma- nent record;-(1) Myself ar no member of my family have an in- terest in the building or real estate lacated at 472 Main where my business is haused in building building awn e d by Mrs. Alice Maus (2) Have no. interest in the lease other than month to. manth. Secanded by Councilman Ludwig. Carried by the fallowing vote: Yeas - Mayor Hargan, Cauncil men Kean, Ludwig, Pfahl. Takas Nays-None. ed by Councilman Pfohl by the following vote: Yeas - Mayor Hargan, Council men Kean, Ludwig, Pfahl. Takas Nays-None. Gentlemen: At a regular meeting af the Planning and Zaning Commission held on March 11, 1965 the follow. ing action was taken: That the request of Robert Day- kin af 810 S. Grandview Avenue to. vacate the alley located between 810 and 818 South Grandview be denied because there is a 6" water main in the alley and the Water Department requests that the alley remain open for service and main- tenance. Respectfully submitted, Frank J. Glab, Secretary Councilman Ludwig maved that the recommendation of the Com- mission be approved. Seconded by Councilman pfohl. Carried by the following vote: Yeas - Mayor Hargan, Council. men Kean, Ludwig, Pfohl, Takos Nays-None. Mayar March 17, 1965 To the Honorable and City Cauncil I . , 5, 1965 Section 5. That it is the sense of this body (a) that a feasible methad for the relocation af indi- viduals and families displaced from the Urban Renewal Area, in canformity with the requirements of Title I, can be prepared, and (b) that local grants.in.aid can and will be pravided in an amo.unt which will be not less than one- third of the Net Project Cost of the Project and which, together with the Federal capital grant, will be generally equal to the dif. ference bet wee n Gross Project Cost and the proceeds ar value of praject land sold, leased, or retained far use in accordance with the urban renewal plan. Section 6. That the filing af an application by the City of Dubuque far an advance of funds fram the United States af America in an amaunt nat to. exceed Two. Hun- dred Seven Thausand and Farty Dollars ($207,040.00) for surveys and plans for an urban renewal praject in the proposed Urban Renewal Area described above is hereby approved, and that the City Manager is hereby autharized and directed to. execute and file such applicatian with the Hausing and Harne Finance Administratar, to pravide such additianal infar- mation and to. furnish such docu- ments as may be requried by the Administratar, and to. act as the autharized representative af the City of Dubuque. Passed, adapted and appraved this 5th day of April, A.D., 1965. Robert J. Horgan Mayar Richard Ludwig Peter J. Takas Eldon A. Pfohl James J. Kean Cauncilmen Co. u n c i I man Ludwig maved adaptian of the resalutian. Second- ed by Councilman Takas. Carried by the following vote: Yeas - Mayor Horgan, Council. men Kean, Ludwig, Pfohl, Takas. Nays-None. Mayar Hargan moved that the rules be suspended in arder to. let anyone present address the Cauncil if they sa desire. Secand- Attest: Leo F. Frommelt City Clerk Regular Session, April The area bounded by 4th Street on the South, Locust Street on the West, 9th Street an the Narth, and Central Ave- nue on the East, inclusive of the afarementianed streets. NOW THEREFORE BE IT RE- SOLVED BY mE CITY COUNC:IL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the prapased Urban Renewal Area described above is a slum, blighted, dete- riarated, ar deteriorating area ap- prapriate far an urban renewal project, that the development of such Area for predominantly non- residential uses is necessary far the praper development af the cammunity, and that the under- taking by the City of Dubuque of surveys and plans far an urban renewal project of the character contempated by Section HO(c) of Title I in the propased Urban Re- newal Area is hereby appraved. Section 2. That the financial assistance available under Title I is needed to. enable the City af Dubuque to. finance the planning and undertaking of the prapased Project. Section 3. That the United States of America and the Hausing and Home Finance Administratar be, and they hereby are, assured af full campliance by City af Du- buque with regulatians of the Hausing and Harne Finance Agen- cy effectuating Title VI of the Civil Rights Act of 1964. Section 4. That it is cagnizant af the canditions that are impased in the undertaking and carrying aut of urban renewal prajects with Federal financial assistance under Title I, including thase relating to. (a) the relacation of site ac- cupants; (b) the pravisian of lacal grants.in.aid; (c) the prohibition af discrimination because af race, calar, creed, ar natianal arigin; and (d) the requirement that the lacality present to. the Housing and Harne Finance Administratar, as a prerequisite to. approval af the applicatian described below, a workable pragram far cammu- nity impravement, as set forth in Section 101(c) of Title I, for ntiliz- ing appropriate public and private resaurces to. eliminate and prevent the develapment ar spread of slum and urban blight. 82 ............- 85 with Mr. Bart L. Crimmins, par- ent of said Unda S. Crimmins, a minor child, who has made an offer of settlement in the amount of $25.00, and I recommend ac- ceptance of said offer of settle. ment, and that the City Auditor be instructed to draw a warrant payable to Linda S. Crimmins and Bart L. Crimmins and Doris Crim- mins individually and as parents and natural guardians of Linda S. Crmimins, a minor. Original claim is to. Hon. attached here- Councilman Takas moved that the recommendation of the City Attorney be approved 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. 1965 Respectfully "R. N. Russo City Attorney March Mayor & City Council Re: Mrs. Gertrude Coleman 1506 S. Grandview Ave. submitted, 19, 1965 5, Session, April 1965 Council recessed at 11:00 P.M. Reconvened at 11:10 P.M. Jr. Gentlemen: On January 2, 1964, Mr. and Mrs. Vincent A. Timpe, Jr., of 2995 Brunswick Street, Dubuque, Iowa, filed claim against the City of Dubuque as a result of striking a defecitve manhole cover on De- cembed 27, 1963 at 2420 Windsor Ave., Dubuque, Iowa. I have made an investigation of this matter and it is the recom- mendation of the City Attorney that the claim of Vincent A. Timpe, Jr. in the amount of $33.50 be paid and that the City Auditor 'be instructed to draw a warrant payable to Mr. and Mrs. Vincent A. Timpe, Jr. and Wolverine In. surance Co. in the amount of $33.50 and transmit same to the City Attorney for delivery upon receipt of duly executed release Original claim is attached here to. V.eas - Mayor Horgan, Counci men Kean" Ludwig, Takas. Nays-Councilman Pfohl March Mayor & City Counci Re: Vincent A. Timpe, 16. Regular Hon. Gentlemen: On October 15, 1964, Mrs. Ger. trude Coleman filed claim against the City of Dubuque as the result of a Jail at 1525 South Grandview Avenue on October 4, 1964. I have made an investigation of this matter and have consulted ,with claimant who has made 'an offer of settlement in the amount of $49.98 representing the cost of glasses that were broken, and the other expenses -of medical care and treatment was paid by the owner of the abutting property; and in view of the foregoing it is the recommendation of the City Attorney that said offer of settle- ment be accepted and the City Auditor be instructed to draw a warrant payable to Mrs. Gertrude Coleman and to deliver the same upon receipt of a duly executed "release. Original claim is to. attached here. submitted, Respectfully R. N. Russo City Attorney ~I tigation of conferred , ~ I j , 5, 1965 quirement into the subdivision and rule in favor of the subdivi- sion and thereby correct irrepara- ble damage to Mr. Schillz. Attar. ney Fuerste objected to approving of the plat as a representative of the Martin Luther Home. Ordi- nance No. 65-57 definitely defines street for width to be 40' at a minimum. In special instances the Council and the Commission may modify Section 2 as to street width but it takes a concurrence of both bodies. AttomeyFrancis O'Con- nor represented property owners on Fremont Ave. & Wartburg Place. In 1950 property was owned by the Mulgrew family and a plat w.as prepared. Before recording of the plat they were told that the retained strip of ground in ques- tion would not meet ordinance re- quirements relative to a street. Property owners that he represents .are opposed because all of the property runs straight back from Wartburg Place to golf club prop- erty with the exception of two or three. You are now being asked to violate or overrule two of your standards according to the present Ordinance No. 65-57. The Council has no jurisdiction to approve .a preliminary plat. Session, April 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 'Ludwig. Carried by the following vote: Yeas - .MaYDr Horgan, Council men Kean, LUdwig, pfohl, Takos Nays-None. March 16, 1965 Hon. Mayor & City Council He: Linda S. Crimmins A Minor .Gentlemen: On December 15, 1964, Linda S. Crimmins of .721 GrovelandPlace, ,Dubuque, Iowa, filed claim against ,the City Qf Dubuque as a result of alleged injuries suffered on November 4, 1964, at a point 50 feet west oj Shields Street in the City of Dubuque, claiming a defee- tiv.e sidewalk thereat. 1 . have :made .an inves' t-hismatter and have " The Council does not have the right to overrule their ordinance. No irreparable damage could be <lone to Mr. Schiltz because he loes not own the property. Mr. Richard Schiltz addressed the C-ouncilby requesting-an im. mediate decision because his op- tion, already once extended, will expire at midnight. He also stated that he had negotiated with the Martin Luther Home for enough ground to provide a minimum street into the proposed subdivi- sion, but his offer was finally re- jected. After all arguments were heard for and against, centered mostly around the 40' width for a street into the subdivision, which at present is 3.3 feet Jess than the minimum Councilman L u d wig moved to deny the petition before us on this proposed Greenbriar Subdivision due to the fact that the street is under the width of the ordinance and -other considera- tions. Seconded by Councilman Takos. Carried by the following vote: 1965 To the Honorable and City Council Gentlemen: At a regular meeting of the Du- buque City Planning and Zoning Commission held on March 25, 1965 the following action was ta- ken: That the request of Klauer Man- ufacturing Company to vacate Elm Street from the North property line of 27th Street to the South property line of 28th Street be granted. (Now known as 26th to 27th Street). The Planning and Zoning Com- mission makes no recommenda. tion as to the conveyance of the vacated street. Respectfully submitted, Dubuque City Planning and Zoning Commission Frank J. Glab, Secretary Councilman Ludwig moved that the recommendation of the Com- mission be approved and referred to the City Solicitor and City Man- ager for proper proceedings. Sec- onded by Councilman Takas. Car- ried by the following vote: Yeas - Mayor Horgan, Council- men Kean, Ludwig, Pfohl. Takos. Nays-None. Communication of attorney F. H. Becker, in behalf of Richard Schiltz, submitting a preliminary plat of "Greenbriar Subdivision" and requesting the Council to grant specific approval to the plat of the subdivision as submitted to the Planning & Zoning Commission, which Commission in practical ef- fect ruled to eliminate the area from normal subdivision develop- ment, presented and read. Mr. F. H. Becker, attorney rep- resenting Richard Schiltz, request- ed that the Council overrule the action taken by the Planning & Zoning Commission. The basic power lies with this Council. Mr. Schiltz is anxious to develop the area and none of the proposed lots would be less than 14,300 square feet and the city require- ment is 6000 square feet per lot. The Subdivision would be com- posed of twelve lots. The Council could waive the entry width re- Counci Takos. March 29, Mayor Regular Yeas - Mayor Horgan, men Kean, Ludwig, Pfohl, Nays-None. 84 87 On the 27th day of March 1965, the above-entitled action came on for hearing before the Court. The plaintiff appeared by its attorney, R. N. Russo. The defendant, Otto Waechter entered his appearance pro se and Eugene Kopp and Ma- donna Kopp entered their appear- anCe pro se. Jean V. D. Hedrick (Weiland) entered her appearance consenting to the annexation of the territory to the City of Du- buque, Iowa. The State of Iowa- Iowa State Highway Commission appeared by Raymond T. Walton, Special Assistant Attorney Gen- eral and Counsel to Iowa State Highway Commission, Ames, Iowa, stating therein that it has no ob- jection to the proposed annexa- tion. The defendant, Key City In- vestment Co., appeared by its at- torney, Eugene D. Wright, of the firm of O'Connor, Thomas, Wright, Hammer & Bertsch. The Court, having examined the record in said action finds that due and legal service of the original notice in said action has been had on each and all of the defendants, said original notice addressed to all of said defendants notifying each of them to appear before said court at Dubuque in Dubuque County, State of Iowa, on or be- fore the 2nd day of February 1965 and that unless said defendants appeared a default would be en- tered and judgment entered as prayed in said petition, said orig- inal notice having been published in the Telegraph-Herald Newspa- per, a newspaper published in the City of Dubuque, Iowa, once each week for three consecutive weeks, the first insertion being on the 28th day of December 1964 and the last on the 11th day of January 1965, proof of the publisher being on file herein. That on motion of the plaintiff all of the defendants other than Otto Waechter, Eugene Kopp and Madonna Kopp, and Jean V. D. Hedrick (Weiland), the State of Iowa, and Key City Investment Co. are adjudged in default for failure to appear or plead in said action and said default is hereby entered of record. Said action proceeded to trial and the Court, having heard the evidence and having examined the pleadings and the exhibits intro- duced in evidence took said action under advisement and now after 1965 5, April Regular Session en, Carol Heeren, Herschel T. Hen. ry, Thomas B. Roshek, John Sit- terly, Fannie Sitterly, Dubuque Community School District, Gilbert Merrit, Robert J. Doll, Patricia Doll, John T. Hammel.. Ethel Ham. mel, Harold F. Esser, Alice B. Es. ser, Gerald Loren Guier, Marvin C. Stamp, Eileen Y. Stamp, Eugene Winders, Jacqueline Winders, Rich. ard A. Wildberger, Loren Wildber. ger, Arthur Witheral, Mildred Witheral, William A. Eisbach, Jeanne Eisbach, Marlin F. Witt- man Fonda F. Wittman, William John Aird, Margaret Aird, Fred Borne, Adeline C. Borne, Eldon Smith, Yvonna Smith, Julius Bonz, Lorraine Bonz, John J. Kohnen, Pearl F. Kohnen, James C. Pfeif. fer, Marie F. Pfeiffer, Donald V. Connolly, Beverly J. Connolly, Ar- thur F. Barnhart, Norma Barnhart, William B. White, Elizabeth B. White, Merlin J. Sweeney, Mar. jorie Sweeney, Steve Dura, Jr., Imogene Dura, Steve Dura, Mary Dura, Joseph E. Baumgartner, Grace Baumgartner, Harry R. At. kinson, Berton T. Lewis, Eunice Lewis, Kenneth L. Smith... Donna J. Smith, Margaret Pfohl.. Mettel Real. ty & Investment Co., William D. Kringles, Jr., Thomas F. Ehrlich, Roslyn Ehrlich, Same Young, Lucy F. Young, Dr. John A. Link, V. B. Vanderloo, Merrill M. Vanderloo, Norbert G. Pape, Maureen Pape, Thomas J. Mulgrew Co., Wilbur W. Ziegler, ..Dubuque County Farm Bureau, Westchester, Inc., Ameri- can Oil, Leo R. Avenarius, Cor- nelia M. Avenarius, Lloyd L. Smith, Mary Ann Smith, Harold Green. wood, Wilmer M. Gob, Betty Jane GOb, Emmet Winter, Marie Win- ter, C. O. Martinson, Mildred L. Martinson, Earl Pfohl, Delores Pfohl, Archdiocese of Dubuque, Nellie Bies, Clarence Bies, David Barry, Robert Kleinschrodt, Char. lotta Kleinschrodt, John P. Del- vin, Bonnie Delvin, John J. Sahm, Kenneth Droessler, Alice Droes- sler, James Haslow, Janet Haslow, Charles Block, Patricia Block, Sid. ney R. Hartley, Mabel Hartley, Raymond G. Miehe, Jr., Carmen Jean Miehe, Elmer Klinkenberg, Deva Klinkenberg, Frank Miller, Dorottay Miller, Delbert Miller, Joan Miller, Leo Meyer, Lavon Meyer, Kenneth Strong, Patricia Strong, Harold Daniels, and Deloris Daniels, Defendants. ~'jl j j 1965 In the District Court of Iowa, In And For Dubuque County March 1965 Term C:TY OF DUBUQUE, IOWA A Municipal Corporation, Plaintiff, No. 80698, Equity Decree Bueford Kelly, Kathy Kelly, Vin. cent Rolling, Mary Rolling, Wil- liam Jenni, Ethel Jenni, Robert J. McNamara, Wilma McNamara, Key City Investment Co., Clifton Mc. Ghee, Anna McGhee, Elisa Smith, State of Iowa, William C. Neumeis. ter, Mary H. Neumeister, Edward Bartels, Roy Bartels, Carl F. Bar. tels, Elmer Ernst, Augusta Ernst, Walter Kaiser, Lucille Kaiser, Nick Altman, Kate Altman, Francis Ken. nicker, Eileen Kennicker, Myrtle Bourne, Sydney Haudenshield, Du- buque County, Iowa, Herb Steger, Otto Waechter, Eugene Kopp, Ma- donna 1C0pp, Everett Hauber, Or- rin Boyes, Eleanor M. Boyes, James F. Link, Mary E. Link, Harold J. Noesges~ Rose Marie Noesges.. Gust J. Mihal, Cleopatra T. Mihal, Cath. erine Meyer, Blanchard J. Klues. ner, Beverly A. Kluesner, Leonard L. Timmerman, Ruth C. Timmer. man, Clyde Boge.. Perly Reeg, Jus- tin L. Johanningmeier, Kathryn Johanningmeier, Leon Stecklein, Anna Brueck, Mary Brueck, Arthur Furlong, Joan Furlong, Robert Brueck, Mary Brueck, Robert F. Schies., Christine Schiesl, Donald Guier, Idel Guier, Carl Smith, Christina Smith, Cletus A. Finzel, Dorothy Finzel, Earl Gottschalk, Dorothy Gittschalk, Herbert Wol. ler, Ruth Woller, Floyd Harris, Verona Harris, Reinhold R. Bauer, Leona Bauer, Harold A. Casey, Margaret S. Casey, Carl P. Daus- ner, Jean V. D. Hedrick, Artftur Hahlen, Jeanette Hahlen, John G. Dunkley, Jr., Marvin Lehnan, Mary Lehnan, Leroy Stoffel, Emma Stof. fel, Herman Steines, Agnes Steines, Edmund P. Maiers, LaVerne E. Maiers, Gordon W. Timmerman, Ellen M. Timmerman, Geo. A. Oat- isma", Hulda F. Datisman, Dale J. Tiefel, Emil Joos, Will Joos, Clar- ence Blosch, Carrie Blasch.. Ray. mond Lindecker, Eleanor Lindeck. er, J. W. Atkinson, Lester Hilby, St. Philomena Church, Fischer In- vestment Co., Fred Welter, Marie J. Welter, Donald J. Roussel, Art Pins, Margaret Pins.. Charles Heer. 5, April V5. Session The court costs involved and assessed to the plaintiff, City of Dubuque, were in the amount of $40.89. Mayor Horgan moved that the decree be made a matter of record. Seconded by Councilman Ludwig. Carried by the following vote: Yeas - Mayor Horgan, Council- men Kean, Ludwig, Pfohl. Takos. Nays-None. Hon. Mayor Gentlemen: On April 1, 1965, the District Court- of Dubuque County, Iowa, entered a decree in the case of City of Dubuque, Iowa, vs. Ene- ford Kelly, et ai, in Equity No. 80698 decreeing the annexation to the City of Dubuque of the ter. ritory petitioned for with the ex- ception of a portion of vacated Union Street and that portion of the property owned by Key City Investment Co. lying south of va- cated Union Street. A photocopy of said decree is attached hereto. I believe I would be remiss in my duty to you if 1 failed to point out to your Honorable Body that Mr. Gilbert Chavenelle, Mr. Clyde Cook, your City Planner, and your City Clerk, Mr. Leo F. Frommelt, as well as the respective depart- ment heads and their dpeartments should be complimented for the superlative job in the preparation of materials and documentation related to the annexation matter. The diligence and thoroughness of preparation reduced a compli- cated legal transaction to its sim- plest terms and in my opinion substantially lightened the burden upon the trial court in making a determination thereof. 1965 Councilman Takas moved that the recommendation of the City Attorney be approved and the Auditor instructed to issue proper warrant. Seconded by Councilman Ludwig. Carried by the following vote: 86 Yeas - Mayor Horgan, Council men Kean, Ludwig, pfohl. Takos Nays-None. submitted, April 2, & City Council Regular Respectfully R. N. 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AJOnJlal pa'j.BlodJoJU1 -on uWlJaa }O anbnqna JO AlY3 aql ol uonexauue aql JO} t9-9&6 uop. -n[OsaH pasodoJd 8 pue p[aq seM 'l1M..OI 'anbnqna JO ...\l13 aql }O na -uno:) All:) aql 10 ~ullaaw e t961 's .raqolao uo ll1ql spuU l.Ino;) aqJ. :,1:)V" "0 SBNlaNL!! 88 ;ti< 91 fective condition thereat by rea- son of accumulation of snow and ice and accumulation of water con. cealing same by reason of thaw. The plaintiff has made an offer of settlement in the amount of $2,200.00 and it is the recommen. dation of the City Attorney that said offer be accepted, and that the City Auditor be instrncted to draw a warrant payable to Emma Bergman in the amount of $2200.00 and to transmit same to the City Attorney for delivery upon receipt of duly executed release and dis- missal of said cause with preju- dice. Original petition is attached. Respectfully submitted, R. N. Russo City Attorney Councilman Takas moved that the recommendation of the City Attorney he approved and the Au- ditor instructed to issue proper warrant. Seconded by Councilman Ludwig. Carried by the following vote: Yeas - Mayor Horgan, Council men Kean, Ludwig, PIohl. Takas, Nays-None. Counci Takas. Notice of claim of David C. Puff, of 1717 Kane St., for car damage in an unspecified amount, as the result of striking a hole in the street on West Locust below Senior High on March 7, 1965, pre- sented and read. Councilman Kean 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 folIowing vote: Yeas - Mayor Horgan, Council men Kean, Ludwig, Pfohl, Takas Nays-None. 5, 1965 Notice of claim of Thomas J. Woods of Oelwein, Iowa, for car damage as the result of towing his car during snow removal opera- tions from 3rd street on March 17, 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 pfohl. Carried by the following vote: Yeas - Mayor Horgan, men Kean, Ludwig, Pfohl, Nays-None. Session, Apri 1965. Iowa. 1965 Gentlemen: On January 18, 1965, Mrs. Ber- tille T. Metcalf filed claim on be- half of Barbara Metcalf, a minor, of 1720 A voca, as a result of fall of said minor at 1730 A voca in the City of Dubuque on the 14th day of January 1965, claiming de- fective condition thereat. Dated this 1st day of April, By the Court: Isl Frank D. Gilloon, Jr. Judge, 19th Judicial District of April 2, Mayor & City Council Re: Barbara Metcalf, a minor I have made an investigation of this matter and said claimant has made an offer of settlement in the amount of $30.00, and I recom- mend that said offer be accepted and the City Auditor be instructed to draw a warrant payable to Home Insurance Co. in the amount of $30.00, said insurance company having contributed the amount of $41.75 covering total amount of medical expenses of $71.75, and transit same to the City Attorney for delivery upon receipt of a dUly executed release. Original claim is to. attached here- Councilman Takos moved that the recommendation of the City Attorney be approved and the Au- ditor instructed to issue proper warrant. Seconded by Councilman Ludwig. Carried by the following vote: Respectfully submitted, R. N. Russo City Attorney March 30, & City Council Re: Emma Bergman 1965 Gentlemen: On February 15, 1963, notice of suit and petition was served on City of Dubuque by Emma Berg- man, plaintiff, Claiming damages in the amount of $11,951.00, as a result of injuries suffered in a fall on February 2, 1962 in the cross walk of the alley intersecting West Sixth Street on the south side of West Sixth Street between Main Street and Locust, Claiming a de- Yeas - Mayor Horgan, Council men Kean, Ludwig, Pfohl. Takos Nays-None. Regular Hon. Mayor Hon. 1 j Mrs. Odena unspecified injuries re- Notice of claim of O'Harran, in an amount, for personal ~I 5, 1965 Subdivision, thence east 608.54 feet to the east line of the S.W. '/, of the N.E. '/, of Section 28, thence south along the west property line of Lot 1 of Lot 1 of Lot 1 of Hawkeye Stock Farm 1695.44 feet to a point 60 feet north of the center line of the North lane of Highway 20, thence easterly 60 feet north of, and parallel to the center line of the north lane of Highway 20, 1330 feet to the west sec- tion line of Section 27, thence North 324.84 feet to the south property line of Lot 1 of Lot 2 of Lot 1 of Lot 1 of Hawkeye Stock Farm, thence 596.06 feet easterly along the South prop. erty line of Lot 1 of Lot 2 of Lot 1 of Lot 1 of Hawkeye Stock Farm, thence 491.3 feet easterly along the south property line of Lot 2 of Lot 2 of Lot 1 of Lot 1 of Hawkeye Stock Farm to its intersection with the extension of the west property line of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1, Lot 2 of Lot 1 of Mineral Lot 244 in Section 27 T. 89 N., R. 2 E., of 5th P.M. thence southerly along the west prop~ erty line of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1, Lot 2 of Lot 1 of Mineral Lot 244 in Section 27 T. 89 N., R. 2 E., of 5th P.M. a distance of 324.84 feet to a point 60 feet north of the center line of the North lane of Highway 20, thence 2972.3 feet easterly along a line 60 feet north of and parallel to the cen- ter line of the north lane of Highway 20 to existing westerly City Limits of Dubuque, Iowa, all the above described territory adjoining the corporate limits of the City of Dubuque, Dubuque County, Iowa, and to be includ- ed with the above area are Lot 2 of Mineral Lot 388 in Section 15, T. 89 N., R. 2 E., of the 5th ? .M. and Lot 2 of Lot 1 of Lot 1 of Lot 1 of Lot 4 of Mineral Lot 312, in Section 6, T. 89 N., R. 3 E., of the 5th P.M. and the real property located with- in such perimeter, be and the same is hereby annexed to and made a part of the City of Du. buque, Iowa. Session, April is Commencing at the Existing City Limits on the northwest cor- ner of Lot 1 of Mineral Lot 388 in Section 15, T. 89 N., R. 2 K, of 5 P.M. thence west along the north section line of Section 15 a distance of 3958.35 feet to the northwest corner of Section 15 T. 89 N., R. 2 E. of 5 P.M., thence west a distance of 1320 feet along the north section line of Section 16. thence south along the east property of Helen K and Mary H. Stewart Subdivision for. a distance of 1162 feet to the south property line of Old Timers Road, thence northwest- erly along the south property line of the Old Timers Road, a distance of 1133.22 feet to the east property line of Lot 2 of Mineral Lot 460, thence 1326.60 feet southwesterly along the east property line of Lot 2 of Mineral Lot 460, thence a distance of 663.30 feet northwesterly along the south property line of Lot 2 of Mineral Lot 460 to the south. easterly line of Lot 2 of Mineral Lot 459, thence 1510.74 feet southwesterly to the south prop- erty line of Lot 20f Mineral Lot 459, thence 955.68 feet along the south property line of Lot 2 of Mineral Lot 459 to the west section line of Section 16, T. 89 N., R. 2 E. of 5 P.M., thence south along the west section line of Section 16, a distance .of 2640 feet to the southwest corner of Section 16 T. 89 N., R. 2 E. of 5 P.M., thence south a distance of 5,280 feet along the west section line of Section 21 to the southwest corner of Section 21 T. 89 N., R. 2 E., thence 2640 feet east along the south sec- tion line of Section 21 to the northwest corner of the north~ east Y4 of Section 28 thence 1320 feet south along the east prop- erty line of the N.E. V, of the N.W. ,/, of Section 28 to the southeast corner of the N .E. Y4 of the N.W. V. of Section 28, thence east 711.46 feet along the south line of Lot 1 of Lot 1 of N.W. ,/, of N.E. ,/, of Section 28 to the west property line of C. J. Hies Subdivision in Section 28, T. 89 N.R. 2 E. of 5 P.M., thence south 129.56 feet to the southwest corner of C. J. Bies petition, the perimeter of which hereinafter described, to-wit: Regular 90 It Is Further Ordered that the plaintiff pay the costs of this ac~ tion. J:t,.,,., 93 cedures for the control of rabies; Providing penalties for the vio- lation hereof; Repealing Ordi- nance No. 10-53; Repealing Ordi. nance No. 56-54; Repealing Or. dinance No. 26-57: Repealing Ordinance No. 42-62; and Re- pealing Ordinance No. 15-63, presented and read. Councilman Kean moved that the reading just had be consid- ered the first reading of the Or- dinance Seconded by Mayor Hor- gan. Carried by the following vote: Yeas - Mayor Horgan, Council- men Kean, Ludwig, pfohl, Takas. 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, men Kean, Ludwig, Pfohl, Nays-None. Council Takas. ORDINANCE No. 7-65 AN ORDINANCE REGULATING THE KEEPING OF DOGS IN THE CITY OF DUBUQUE; PEOVID- ING FOR THE LICENSING OF THE SAME; PROHIBITING THE SAME FROM RUNNING AT LARGE; PROVIDING FOR THE OBSERVATION UNDER CON- FINEMENT OF BITING DOGS; ESTABLISHING SPECIAL PRO- CEDURES FOR THE CONTROL OF RABIES; PROVIDING PEN- ALTIES FOR THE VIOLATION HEREOF; REPEALING ORDIN- ANCE No. 10-53; REPEALING ORDINANCE No. 56-54; REPEAL- ING ORDINANCE No. 26-57; RE- PEALING ORDINANCE No. 42- 62; AND REPEALING ORDIN- ANCE No. 15-63. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE: Section 1. Definitions: The fol- lowing definitions shall apply in the interpretation and enforcement of this Ordinance: (a) "Dog" includes all domesti- cated members of the canisfamilar- is, male or female, whether alter- ed or not; (b) "Owner" includes any per- son, firm, or corporation owning, harboring, sheltering or keeping a dog; (c) "Kennel Dogs" are dogs kept or raised solely for the bona fide purposes of sale and which are kept under constant restraint; (d) "At large" includes any dog off the premises of Its owner or upon the public streets, alleys, pub- lic grounds, or parks within the City of Dubuque. A dog shall not be deemed at large if: 1. It is attached to a leash of suf- ficient strength to restrain the dog and not more than ten (10) feet In length, where said leash Is held by 1965 5, Session, Apri .Res~dence Classification" to "Lo- cal Business District IIA" classi. fieationl said ordinance having been previously presented and read at the Council meeting March 11 19651 presented for Final Adoption. ORDINANCE NO. 5-65 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~ IN AFTER DESCRIBED FROM "SINGLE FAMILY RESIDENCE DISTRICT CLASSIFICATION!' TO "LOCAL BUSINESS DIS- TRICT "A" CLASSIFICATION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE: Section 1. That Ordinance No. 3-34, known as the Zoning Map and Zoning Ordinance of the City of Dubuque be and the same is hereby amended by changing from "Single Family Residence District classification to "Local Business District "A" classification, the followIng described real estate, to wit: Area at the southeast corner of the intersection of Asbury Road and John F. Kennedy Road, fronting 144 feet along the south sIde of Asbury Road, 344 feet along the east side of John F. Kennedy Road, having a depth of 130 feet at the southerly end and having an easterly meandering boundary 275 feet in length, according to the Plat thereof hereto attached and by reference made a part hereof, marked Exhibit "A". Passed, adopted and approved this 5th day of April, 1965. Robert J. Horgan Mayor Richard Ludwig Peter J. Takos Eldvn A. Pfohl James J. Kean Councilmen Attest: Leo F. Frommelt City Clerk Published officially in graph_Herald ::"rewspaper day April 1965. Leo F. Frommelt City Clerk Regular the Tele- this 9th It. 4-9 Councilman Takos moved fina adoption of the Ordinance. Sec. onded by Councilman Kean. Car. ried by the following vote: Yeas -Mayor Horgan, Council. men Kean, Ludwig, pfohl, Takos, Nays-None. ORDINANCE NO. 7-65 An Ordinance regulating the ke.eping of dogs in the City of Dubuque: Providing for the li- censing of same; Prohibiting the -same from running at large; Provicfing for the observation under .confinement of biting ~ogs; E~tablishin9 special pro- HI ceived in a fall on a defective walk at Loras and Central on March 15, 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 pfohl. Carried by the following vote: Yeas _ Mayor Horgan, Council. men Kean, Ludwig, Pfohl, Takos. Nays-None. Notice of claim of James A. Re- gan, in an estimated amount of $90' far damage to his car as the re~ sult of being towed during snow removal operation on January 26, 1965, presented and read. Council- man Kean moved that the notice of -claim be referred to the City Solicitor for investigation and re. poct. Seconded by Councilman l'fohl. Carried by the following vote: Yeas _ Mayor Horgan, Council. men Kean, Ludwig, pfohl. Takas Nays-None. 5, 1965 ruary 20, 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 Pfohl. Carried by the follow. ing vote: Yeas - Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takas. Nays-None. Session, April Regular 92 Notice of Harry Wilberding, in an unspecified amount, for person- al injuries received in a fall, due to snow and ice, midway between alley and Iowa street on 4th street on Friday March 26, 1965, present- ed and read. Councilman Kean 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, Lndwig, pfohl. Takas. Nays-None. Notice of claim of Evelyn M. Oneyear, in the amount of $30.50, for expense incurred as the result of a backed up sewer at 240 N. Grandview on February 14, 1965, presented and read. Councilman Kean 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. Proof of Publication, certified to by the Publisher, of notice of public hearing to consider a pro- posal to rezone from Single Fam- ily Residence District Classifica- tion to Local Business District "A" classification a certain de- scribed area at the southeast eor- ner of the intersection of Asbury Road and John F. Kennedy Road, 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. ORDINANCE NO. S-65 An Ordinance Amending and changing Ordinance No. 3..341 known as the Zoning Map and Zoning Ordinance of the City-of Dubuque, so as to chante cer. tain property hereinafter .de. scribed from I'Single Famil.y Notice of claim of B. B. McClel. Ian of 6606, 50th Ave. North, Min- neapolis, Minn. in the amount of $15.00 to cover loss of brief case allegedly removed from his car dur~ ing snow removal operations on March 23, 1965, presented and read. Councilman Rean 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 Don Kirch- berg of 2290 Crissy Drive, in the amount of $45.49 for car damage as the result of striking a hole in the street at West Locust & Rose- dale on March 7, 1965, presented and read. Councilman Kean 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 Rean, Ludwig, Pfohl, Takos. Nays-None. Notice of claim of Mrs. Berna- dine A. Schmid, in an unspecified amount, for personal injuries re. ceived in a fall in the alley way to the rear of Hartig's Drug Store at 22nd & Central Ave. on Feb. -,;j ."'.;;0 95 Councilman Kean moved the adoption of the Ordinance. Sec. onded by Mayor Horgan. Carried by the following vote: Yeas - Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takas. Nays-None. Proof of Publication, certified to by the Publisher, of Notice of public hearing to amend the cur- rent bUdget by increasing the Debt Service Fund from $258,610.00 to $270,610.00, presented and read. Councilman Takas moved that the proof of publication be received and filed. Seconded by Council- man Takas. Carried by the follow- ing vote: Yeas - Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takas. Nays-None. Communication of Comptroller of the State of Iowa, acknowledg. ing receipt of request to transfer $12,000 from the General Fund to the Debt Service Fund advising that the transfer cannot be made into Debt Service because it is an unlimited fund and therefore have disapproved the request, pre- sented and read. Councilman Takas moved that the communication be referred to the City Manager. Seconded by Councilman Kean. Carried by the following vote: Yeas - Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays-None. ORDINANCE NO. 6-65 An Ordinance amending the bud- get as approved by Resolution No. 171-64 and Ordinance No. 1-65, Ordinance No. 3-65 and Ordinance No. 4-65, said Ordi- nance having been previously presented and read at Council meeting of March 1, 1965, presented for Final Adoption. Section 13. Effective Date. This Ordinance shaH he in full force and effect immediatelY llpun its passage, adoption <;Lnd public3~ tioa as by law is provided.. Passed, adopted and approved this 5th day of April, A. D., 1!16:i Robert J. Horgan Mayor Richard Ludwig Peter J. Takos Eldon A. Pfohl James J. Kean Councilmen 5, 1965 Attest: Leo F. Frommelt City Clerk Published officially In T!le Tele- graph Herald Newspaper this J2th day of April, 1965. Leo F. Frommelt City Clerk. Session, Apri supervision of the City Health Of- 1'ieer by being confined, as prOVid- ed above, for a period of not less than ninety (90) days; (d) Any person who shall know- ingly harbor or keep any dog JD- feeted with rabies, or any dr,g known to have been bitten by a rabid dog, or who shall fail to re~ Dort to the police or health of. ficer the existence of a dog Which he knows to be so infected, "r shall fail to produce and surrend_ er up any dog pursuant to suhs';!c- tlon (a) hereof, shall be pUni...~~d as provided in this ordinance; (eJ Any person finding a ,j~'id dog shall at once notify the p.)liee department; (f) It shall be unlawful for the owner of any dog or dogs to keep or maintain the same unless such dog or dogs shall have been va'~cin- ated by a licensed veterinary stn- geon with anti-rabies vaccine year- ly and written proof of such \"ftC- cina tion shall be a condition rre~ cedent to the issuance of a lic~!lse therefor. Section .. Control of Rabies Outbreak. When the Mayor, pursuant to Resolu tion of the City shall de- clare an emergency due to rabies: (a) It shall be unlawful for the owner of any dog to permit or suf- fer such dog to be at large. Any dog found at large shall be deem- ed to be so with the permission or at the sufference of its owner; (b) It shall be unlawful for any per~,>n except the owner of a dog, or his agent, to open any door or gate of any private premises, or to otherwise entice or enable any dog to leave any private premises for the purpose or with the result of setting such dog at large; (c) Any dog, found at large shall be impounded by the police depart_ ment whether licensed or not. Section .. City Manager, Au. thority. The City Manager is hereby au- thorized to contract from year to year with any incorporated society for the prevention of cruelty to animals for the carrying out of th~ provisions of this Ordinance, In- elUding the collection, protection and disposition of dogs, ::tnd the collection of fees for the license and care of seized dogs. Section 10 Penalty. Any person violating any of the provisions of this Ordinance snaIl, upon conviction, be fined a sum not exceeding One Hundred Dol- lars ($100.00) and costs, and in d€'- fault of payment be commated to the City or County jail, lll!til ",uch fine and costs are paid, not exc~E'd- ing thirty (30) days, or a hil sen- tence may be imposed not f',xc~ed- Ing the said thirty (30) days. Section 11. Severability. Should any section. parag-ra.oh, sentence, clause or phrase of Il1is Ordinance be declared unconst i- tutional or invalid for any reason, the remalner of said Ordinance shall not be affected therehy. Section 12 Repeal. Ordinance No. 10-53, l)rjinance No. 56-45, Ordinance No. 26-;:'7, Ordinance No. 42-62 and Ordinan,~t' No. 15-63 be and the same 00' hereby repealed. Regular 5, 1965 thereof during the impounded. (c) Upon proper identification, the possession of any unlicensed dog so seized or impounded, may be obtained by the owner paying the I:o"lense fee, In addition to the charges above provided t.or im- pounding licensed dogs; (d) Whenever any Iicenaed dog has been so seized or impounded, notice of such action shall be given by United States Ordinary Mail to the owner, as shown by the re~ords In the City Manager's office, and If the dog is not claimed by the owner within five (5) days aft~r such notice has been mailed, the license shall automatically be re- voked and the dog disposed of as prescribed by the Health Offlct"lr. (e) Any unlicensed dog not clalm- .ed by the owner within three (3) days after it has been seized or Impounded, shall be disposed of as prescribed by the Health Officer. Dogs Disturbing the Section 6, in son. It shall be unlawful for any own- er to allow his female dog that Is in season to run at large Jr to so confine her as to attract male dogs to the area and by their pres.mce cause a nuisance. Any person vio- lating the provisions of this se~tion shall be punished as provided in this Ordinance and the dog shall be subject to seizure and impound- ment at the expense of the owner, during the remainder of the heat period. (a) It shall be unlawful for any person to own, keep" have in his possession or harbor any dog which by frequent and habitual howling, yelping, barking or otherwise, studl cause a serious annoyance or dis- turbance to any person or ver- sons or to the neighborhood: (b) It shall be unlawful for uny person, firm or corporation l'eep- lng, owning or sheltering d. d'Jg fo allow or permit such animal tl) pass upon the premises of another callS- lng damage or annoyance or of her- wise interfering with the premises. Female Dogs Sea Section 7. Rabies. (a) The owner of any dog which has contracted rabies, or which has been Subject to same or which is suspected of having rabies, or which shall have bitten any person, shall upon demand of the Chief of Pollee or Health Officer, produce and surrender up such dog to be held in confinement in an animal hospital under the supervision of a registered veterinarian and in quar- antine for observation for a period determined by the City Health Of- ficer at the expense of the owner of said dog or dogs; (b) 11, upon examination by a veterinarian, any dog shall prove to be infected with rabies, such dog shall be disposed of as di- rected by the Health Officer. It shall be the duty of said veterin- arian to notify the City HtJalth Officer of any positive rabies case found within twenty-four (24) hours; (c) Any animal bitten or at- tacked by any known rabid ani- mal, shall be quarantined under was dog which Section 5, Peace. Regular Session, April Section 2. Licenses: (a) The City Manager shall cause to be issued dog licenses upon due application and payment of the fee provided hereinafter. The licensee, upon procurement of the license, shall securely attach the license tag to a collar or harness. and this col- lar or harness, with the license tag attached shall at all times be kept on the dog for which the license is issued. Any dog found at large without a collar or harness to which a license tag is attached shan be deemed unlicensed and shall be Impounded; (b) The head of the family shall be Hable for payment of the li- cense fee on any dog owned, har- bored or kept by any member of the family; (c) All dog licenses issued here- under shall expire on December 31st of the year in which issued and shall become delinquent on March 31 of the year in which they are due. A penalty of one dollar ($1.00) shall be added to the above prescribed license fees for all de- linquent licenses. (d) The license fee per calendar year, or fraction thereof shall be: One dollar ($1.00) for each male dog; One Dollar ($1.00) for each spay. ed female dog; Three Dollars ($3.00) for each female dog not spayed; (e) The owner, or other person responsible for the payment of the license, as hereinbefore provided, shall make application for the same to the City Manager on forms pro- vided by him, which forms shall give the name and address of the owner, the sex and description ..,f the dog, and, when known, Its breed and age. In the event of a change in ownership the license holder shall notify the City Mana- ger of such change. a person competent to govern the dog; or 2. When properly restrained with- in a motor vehicle or housed in an animal hospital approved by City Health Officer. Section 3. Harboring Vicious Dog. It shall be unlawful for any person to harbor or keep a vicious dog within the City of Dubuqu~. A dog is deemed to be vicious when it shall have attacked or bitten any person (without provocation), or when propensity to attack or bite persons shall exist and such propensity is known to the owner, or ought reasonably be known to the owner thereof. Section 4 Impounding. (a) Any unlicensed dog, except Kennel dogs, and any licensed dog found at large, as previously de- fined, shall be subject to seizure and impoundment in a place pro- vided by the City. (b) Except as otherwise provid. ed, the possession of any licensed dog so seized or impounded may be obtained by the owner, by payiny, the sum of Two Dollars ($2.00) plus the current daily fee for keeping such dog for each day or fraction 94 97 Councilman Kean moved the adoption of the Ordinance. Second- ed by Councilman Pfohl. Carried by the following vote: Yeas-Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takas. Nays-None. ORD1NANCE NO. 9-65. An Ordinance Amending Ordi. nance No. 33-49... known as the Traffic Code by Repealing Sec- tion 8.1 thereof and enacting a new section 8.1 in lieu thereof establishing speed limits in vari. ous districts and establishing speed limits on west thirty",s_ec- and street from North Grand. view Avenue to John F. Kennedy Road: Pennsylvania. A v e n u e fRJm Viz:aleea Street to the wes. terly city limits; John F. Ken- nedy Road from Highway No. 20 to Pennsylvania Avenue: Carter Road from Kane Street to West Thirty-Second Street; and Nor,th Grandview Avenue from Ungs street to West Thirty-S.cond Street 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 Ludwig. Carried by the following vote: Yeas---Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays---None. Councilman Kean moved that the rule requiring reading an ordi- nance on three separate days be waived. Seconded by Councilman Pfohl. Carried by the following vote: ~I of Dubuque, Iowa, and City Clerk be and he is hereby authorized to deliver same to University of Du- buque upon receipt of payment of costs herein incurred. Section 6. That a certified copy of this Ordinance is hereby order- ed filed In the office of the Du- buque County Recorder by the City Clerk. Passed, adopted and approved this 5th day of April, A.D., 1965. 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 9th day of AprH 1965. Leo F. Frommelt City Clerk. 1965 5, Regular Session, April WHEREAS, by virtue of Ord- inance of City of Dubuque, Iowa, passed and approved on January 4, 1912 and January 6, 1912, re- spectively the unnamed street and alley presently described as Lot 17B were vacated, subject, how- ever, to right of reversion in the event the Dubuque German Col- lege and Seminary should cease to exist; and WHEREAS, the University of Dubuque has petitioned for the vacation of Lot 17A and for the extinguishment of the right of re- versi-on as to Lot 17B, saId Uni- versity of Dubuque intending to build thereon and devel-op the same and it is the sole owner of all pro- perty abutting Lot 17A and Lot 17B; and WHEREAS, the Planning and Zoning Commission of City of Du- buque, Iowa has approved such vacation and extinguishment of right .of reversion; and WHEREAS, the City Council of Dubuque, Iowa, determines that Lot 17A and Lot 17B in Reche's Subdivision No. 2 to Dubuque, Iowa, in the City of Dubuque, Iowa serve no pUblic purpose and the best public interest would be served by vacation and extinguish- ment of the right of reversion therein accordingiy, and disposal thereof of any Interest therein by City of Dubuque, Iowa to Uni- versity or Dubuque s.hould be made; and WHEREAS, the City Council of City of Dubuque, Iowa, at a public hearing held April 6, 1965, pursu- ant to Notice published In the Tele- graph-Herald, a newspaper of gen- eral circulation, published in the City of Dubuque, Iowa, on March 5, 1965 and on March 12, 1965, de- termined that dIsposal of interest of City of Dubuque to University of Dubuque in and to Lot 17A and Lot 17B is in the best public in- terest. NOW THEREFORE BE IT OR- DAINED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the plat of the following described property: Lot 17A and Lot 17B in Reche's Subdi- vision No.2 to Dubuque, Iowa in City of Dubuque, Iowa, dated Feb- ruary ZS, ]960 by Bartels, McMahan & LeMay Engineering Co., be and the same Is hereby approved and the Mayor and City Clerk be and they are hereby authorized and empowered to execute said Plat for and on behalf of City of Du- buque, Iowa. Section 2 That the real estate property described as Lot 17A in Reche's SUbdivision No. 2 to Du- buque, Iowa, in the City of Du- buque, Iowa, be and the same is hereby vacated and conveyance thereof be made to University of Dubuque. Section 3. That the real estate property described as Lot 17B in Reche's Subdivision No. 2 to Du- buque, Iowa, in the City of Du- buque, Iowa be conveyed to Uni- versity of Dubuque intending here- by to relinquiSh any right of re- veTsIon therein held by City of Dubuque. Section 4. That the Quit Claim Deed conveying the property de- scribed in Section 2 and 3 hereof be and the same is hereby ap- proved and the Mayor and City Clerk be and they are hereby au- thorized and empowered to execute the same for and on behalf of City ~ i ~ J I I Session, April 5, 1965 Councilman Kean moved that the reading just had be consid- ered the first reading of the' Ordi- nance. Seconded by Councilman Pfohl. Carried by the following vote: Yeas-Mayor Horgan, Council- men Kean, Ludwig, pfohl, Takos. Nays-None. Councilman Kean moved t hat the rules 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 Kean, Ludwig, Pfohl, Takas, Nays-None. Ordinance No. 8-&5 AN ORDINANCE VACATING ALLEY PRESENTLY DESCRIB- ED AS LOT 17A IN RECHE'S SUBDIVISION NO. 2 TO DU- BUQUE IOWA same being the alley lyIng between Lots 1, 2, 3, 16 and 17 on the easterly and northerly side thereof, and Lots 4, 5, 6 and 7 on the westerly and southerly side thereof and c-on- veying same to University of Du- buque, and conveying unto Uni- versity of Dubuque interest of City of Dubuque in street pres- ently described as Lot 17B in Reche's Subdivision No 2 to Du- buque, Iowa, being the unnamed street lying between Lot 7 on the easterly side thereof and Lot 15 on the westerly side thereof and being the alley iying between Lots 12, 13, 14, and 15 with the afore- saId unnamed street on the south- erly sIde thereof and Lots 8, 9, 17 on the northerly side thereof, be- Ing the same unnamed street and alley previously vacated, with right of reversion by virtue of Ordin- ance adopted and passed on Janu- ary 4, 1912 and January 6, 1912, respectively, by the City of Du- buque, Iowa. WHEREAS, University of Du- buque has caused to be platted an alley and unnamed street and al- ley heretofore known and described as follows: Alley lying between Lots 1, 2, 3, ]6 and 17 on the easterly and northerly side thereof and Lots 4, 5, 6 and 7 on the westerly and southerly side thereof, and un- named street and alley lying be- tween Lot 7 in the easterly side thereof and Lot 15 on the westerly side thereof and being the alley lying between Lots 12, 13, 14, 15 with the aforesaid unnamed street on the southerly side thereof and Lots 8, 9, 17 on the northerly side thereof, being the game unnamed street and alley heretofore vaca- ted and described a$ the u,nnamed street lying between Grace Street and the alley first north of Grace Street and running parallel there- with between East Louisa Street and said alley from the easterly line of said unnamed street extend- ed westerly to East Street in the City of Dubuque, which shall here- after be platted, known and de- scribed as follows: Lot 17A and Lot 17B In Heche's Subdivision No. 2 to Dubuque, Iowa, in the city of Dubuque, Iowa; and 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 re- ceived and filed. Seconded by Councilman Ludwig. Carried by the following vote: Yeas-Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays---None. Due to the disapproval by the State Comptroller of the transfer of $12,000 into the Debt Service Fund Ordinance No. 6-65 was not adopted. Proof of Publication, certified to by the Publisher, of Notice of public hearing to consider pro~ posal to dispose of interest in Lot 17 "A" and 17 "B" in Reche's Sub- division No. 2 being an alley and unnamed street between Grace Street and Louisa Street to East Street and convey same to Univer- sity of Dubuque, presented and read. ORDINANCE NO. 8-65. An Ordinance Vacating alley presently described as Lot 17A in Reche's Subdivision No. 2 to Dubuque, Iowa, same being t'he a'lIey lying between Lots 1, 2, 3, 16 and 17 on the easterly and northerly side thereof, and Lots 4, 5, 6 and 7 on the westerly and southerly side thereof and c~nveying same to University of Dubuque, and conveying unto University of Dubuque interest of City of Dubuque in street pres,ent!y described as Lot 178 in Reche's Subdivision No. 2 to Dubuque, Iowa, being the un. named street lying between Lot 7 on the easterly side thereof aind Lot 15 on the westerly side thereof and being the alley Iy. ing between Lots 12, 13, 14 and 15 yjith the aforesaid unnamed street on the southerly side thereof and Lots 8, 9, 17 on the northerly side thereof, being the same unnamed street and alley previously vacated, with right of reversion by virtue of Ordi- nance adopted and passed on January 4, 1912 and January 6, 1912 respectively by the City of Dubuque, Iowa, presented and read. Regular 96 ". .--""" tl 99 o. DOdge Street from the west line of Locust Street to its wester- ly terminus at the City Limits; P. 4th Street from the east line of Central Avenue to the east line of Locust street; Q. North and South Grandview Avenue from the southeasterlY ter- minus of South Grandvlew Ave- nue, to the south property line of Delhi Street; and from the north property line of Delhi Street to the south property line of Univer- sity Avenue; and From the north property line of University A venue to the south property line of Loras Boulevard; and "From the north property lIne of Lo'ras Boulevard to the south property line of Clarke Drive; and From the north property lIne of Clarke Drive to the south property line of Kaufmann Avenue; and From the north property line of Kaufmann Avenue to the south property line of Kane Street; and From the north porperty lIne of Kane Street to the south property line of West ThIrty-SecOnd Street; R. Windsor A venue from the north property line of Rhomberg Avenue to the south property line of Davis Avenue; S. Main Street from the south line of Jones Street to the south line of 4th Street; and From the north line of 4th Street to the north line of West 17th Street; T. Algona Street from the In- tersection of UniversIty Avenue to St. Joseph Street; U. Iowa Street from the south line of Second Street to the south line of West Fourth Street; from the north line of West Fourth Street to the South lIne of West Twelfth Street; from the north line of West Twelfth Street to the south line of Loras Boulevard and from the north line of Loras Boulevard to West Seventeenth Street; V. White Street from the north lIne of East 4th Street to the south line of East 20th Street; W. Bluff Street from Loras Bou- levard to the north line of West 12th Street, and from the south line of 'Vest 12th Street to Dodge Street; x. East 16th Street from Elm Street to its easterly terminus; "Y. East 22nd Street from Cen- tral A venUe to the west line of Windsor Avenue; Z. Asbury Street from University Avenue to the City Limits. aa. Devon Drive from Dodge Street to the northerly property line of Mineral Street; bb. Mineral Street from the easterly property line of Devon Drive to the easterly property line of O'Hagen Street. cc. O'Hagen Street from the northerly property line of Mineral Street to the southerly property line of University Avenue; dd. Kane Street from Kaufmann Avenue to Carter Road; ee. Chaney Road from north property line of Pennsylvania AVe- nue to the south property line of Hillcrest Road; from the north property line of Hillcrest Road to the south property line of Asbury Street; from the north property line of Asbury Street to the south property line of Kaufmann A venue, and from the north property line of Kaufmann Avenue to the south property line of Kane Street; ff. Primrose Street from the 5, 1965 Session, Apri ORDINANCE NO. 10-6.5 AN ORDINANCE AMENDING ORDINANCE NO. 33-49, KNOWN AS THE TRAFFIC CODE, OF THE CITY OF DUBUQUE, BY REPEALING SCHEDULE II THEREOF AND ENACTING A NEW SCHEDULE II IN LIEU THEREOF DESIGNATING CER- TAIN STREETS AS THROUGH STREETS AND REQUIRING DRI. VERS OF VEHICLES TO STOP AT EVERY INTERSECTION BE- FORE ENTERING SUCH DESIG- NATED THROUGH STREETS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Schedule II of Ordinance No. 33-49, known as the TRAFFIC CODE, of the City of Dubuque, Iowa, be and the same is hereby repealed and a new Schedule II be enacted in lieu thereof as follows: "SCHEDULE II" "In accordance with the provi- sions of Section 12.3 and when signs are erected giving notice thereof, drivers of vehicles shall stop at every intersection before entering any of the follOWing streets which are designated as through streets. A. Jackson Street from the north Hne of East 12th Street to the north line of East 32nd Street; B. Central Avenue from the north Hne of 4th Street to the northerly terminus of said Avenue; C. Kerrigan Road from its south- erly terminus at the City Limits north to its junction with South Locust Street, South Locust Street north to its junction with Locust Street, and Locust Street north to the north line of West 17th Street; D. Elm Street from the south line of East 12th Street to the south line of East 20th Street; E. East 20th Street from the east property line of Central Ave- nue to the east line of Elm Street; thence 0..1 Rhomberg A venue to the west approach of the Dubuque- Wisconsin Bridge; F. East 14th Street frOm the west line of Elm Street to the east line of Central Avenue; G. Loras Boulevard from the west line of Central Avenue to the north property line of University Boulevard; H. East 12th Street from the east property line of Elm Street to the east line of Central Avenue; I West 12th Street from the west line of Central Avenue to the east line of Locust Street; thence from the west line of Locust Street to the west property line of Grove Terrace; Grove Terrace to the north line of Arlington Street from 12th Street; Arlington Street from Grove Terrace to the west line of Highland Place; J. Eighth Avenue from the west hne of Central Avenue to the ex- tension of the west line of Hill ~treet: K. University Avenue from the r10rth property line of 8th Avenue to the John F. Kennedy Road; L Hill Street from the south lIne' of 8th Avenue to the north property line of Dodge Street; M. West 5th Street from the east property line of Wilson Ave- nue to the west line of College Street; N. West 3rd Street from the Nest property line of Hill Street to the east property line of North Grandview Avenue; Regular 5, 1965 9. Thirty-five miles per hour on John F. Kennedy Road from High_ way No. 20 to Pennsylvania Avenue. 10. Thirty-five mIles per hour on North Grandview Avenue from Dngs Street to West Thirty- Second Street. H. Thirty-five miles per hour on Carter Road from Kane Street to West Thirty-Second Street. 12. Fifty-five miles per hour for southbound vehicles on Kerrigan Road from Southern Avenue to the City Limits and for north- bound vehicles on Kerrigan Road from the City Limits to Mount Carmel Road. 13. Fifteen miles per hour in Grandview Park, Eagle Point Park and Flora Park:' Passed, adopted and approved this 5th day of April, A.D., 1965. ROBERT J. HORGAN Mayor RICHARD LUDWIG PETER J, TAKOS ELDON A. PFOHL JAMES J. KEAN Councilmen Councilman Kean moved adop- tion of the Ordinance. Seconded by Councilman Pfohl. Carried by the following vote: Yeas-Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays-None. ORDINANCE NO. 10-65. An Ordinance Amending Ordi. nance No. 3349, known as the traffic Code, of the City of Du~ buque, by Repealing Schedule II thereof and enacting a new schedule II in lieu thereof des- ignating c e r t a i n streets as through streets and requiring drivers of vehicles to stop at every intersection before enter- ing such designated thR>>ugh streets, presented and read. 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, Takos. Nays-None. Councilman Kean moved that the rule be waived requiring an Ordinance to be read on three separate days, Seconded by Coun- cilman Ludwig. Carried by the following vote: Yeas-Mayor Horgan, Council- men Kean, Ludwig, Pfohl. Takos. Nays-None. Attest LEO F. FROMMELT City Clerk Published officially in the Tele- graph Herald Newspaper this 12th day of April, 1965. LEO F. FROMMELT City Clerk. Session, April Yeas-Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. _Nays-None. ORDINANCE NO, 9-65 AN ORDINANCE AMENDING ORDINANCE NO. 33-49, KNOWN AS THE TRAFFIC CODE BY R E P EALI N G SECTION 8.1 THEREOF AND ENACTING A NEW SECTION 8.1 IN LIEU THE REO F ESTABLISHING SPEED LIMITS IN VARIOUS DISTRICTS AND ESTABLISH- ING SPEED LIMITS ON WEST THIRTY -SECOND S T R E E T FROM NORTH GRANDVIEW AVENUE TO JOHN F. KEN- NEDY ROAD; PENNSYLVA- NIA AVENUE FROM VIZA. LEEA STREET TO THE WESTERLY CITY LIMITS; JOHN F. KENNEDY ROAD FROM HIGHWAY NO. 20 TO PENNSYLVANIA AVENUE; CARTER ROAD FROM KANE STREET TO WEST THIRTY- SECOND STREET; AND NORTH GRANDVIEW AVE- NUE FROM UNGS STREET TO WE S T THIRTY - SECOND STREET IN THE CITY OF DU- BUQUE, IOWA. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Ordinance No. 33-49, known as the TRAFFIC CODE, be and the same is hereby amended by repealing Section 8.1 thereof and enacting a new Sec- tion 8.1 in lieu thereof as follows: "8.1 Any person driving a motor vehicle on any street of this City shall drive the same at a careful and prudent speed not greater than or less than is reasonable and proper, having due regard to the traffic surface and width of the streets and of any other condi- tions then exIsting, and no person shall drive any vehicle at a speed greater than will permit such per- son to bring it to a stop within the assured clear distance ahead, such driver having the right to as- sume, however, that all persons using such streets wili observe the law. "The followIng shall be the law~ ful speed except as hereinbefore and hereinafter modified, and any speed in excess thereof shall be unlawful. "1. Twenty miles per hour In any busIness district except as provided in subsections 5, 6, 7, 8, 9, 10 and 11. 2. Twenty-five miles per hour in any residence or school districts except provided in subsections 5. 6, 7, 8, 9, 10 and 11. 3. Forty miles per hour for any motor vehicle drawing another ve- hicle in any district or on any street where the lawful speed is in excess of forty miles per hour. 4. Forty-five miles per hour in any suburban district. 5. Thirty-five mIles per hour on Locust Street between Southern Avenue and Dodge Street, 6. Thirty-five miles per hour on Dodge Street from Bluff Street to the westerly City Limits. 7. Thirty-five miles per hour on West Thirty-Second Street from North Grandvlew Avenue to John F. Kennedy Road. 8. Thirty-five miles per hour on Pennsylvania Avenue from Vizal- leea Street to the We.!:lterly Cjty Limits. Regular 98 "P. 101 Petition of Wendelin Rettenber- ger et UX, requesting rezoning of property in Meadow Lane in Sis- ters Addn. and Smith Meadow Lane Place, from Single Family to Class A Business District Classi- fication, presented and read. Coun. cilman Takas moved that the petition be referred to the Plan- ning & Zoning Commission. Sec- onded by Councilman Ludwig. Carried by the fOllowing vote: Yeas-Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takas. Nays-None. Petition of Multiple Sclerosis Society by John J. O'Neill, Chair- man, requesting permission to so- licit funds on May 15th and 16th, 1965, presented and read. Council- man Kean 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. Takas Nays-None. Petition of Veterans of Foreign Wars requesting permission to hold a Memorial Day Parade on May 31st, 1965, presented and read. Councilman Takas moved that the petition be referred to the Mayor and City Manager. Sec- onded by Councilman Ludwig. Carried by the following vote: Yeas-Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takas. Nays-None. Petition of Carl Hirsch et al requesting permission to excavate in the alley between Locust & Main, 2nd & 3rd Street, presented and read. Councilman Kean moved that the petition be granted. Sec. onded by Councilman Takas. Car- ried by the following vote: Yeas-Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takas. Nays-None. Petition of Dubuque Blacktop Co. requesting permission to in- stall water service at 100 Garnet St. (outside city limits), presented and read. Councilman Takos moved that the petition be granted sub- ject ot approval of Miller, Frei- burger & Helel, also an agreement of petitioner to join with anypeti- tion to annex and represents and agrees that he will not oppose to 1965 5, Session, Apri of cigarette license No. 289, as he has discontinued business on March 30, 1965, presented and read. Councilman Takas 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, Takas. Nays-None. Petition of Mary Agard Tent #35 Daughters of the Union Veterans requcsting permission to hold a tag day on September 25, 1965, 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, Takas. Nays-None. Petition of Peoples Natural Gas requesting permission to excavate in Green Street betwecn Asbury Road & A voca Street, presented and read. Councilman Pfohl moved that the petition be granted. Sec- onded by Mayor Horgan. Carried by the following vote: Yeas-Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays-None. Petition of Hugh L. Stouse re- questing permission to provide construction of concrete curb & gutter on the east side at 2030 Alta Vista St., presented and read. Councilman Ludwig moved that the petition be approved. Second- ed by Councilman Kean. Carried by the following vote: Yeas-Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays-None. Petition of Leo A. Booth et al (26 signers) requesting extension of sewer and water mains to serve the properties fronting on Kelly Lane, presented and read. Council- man Ludwig moved that the peti- tion be referred to the Water Department and Engineering De- partment for investigation and re- port. Seconded by Councilman Takas. Carried by the following vote: Yeas-Mayor Horgan, Council men Kean, Ludwig, Pfohl. Takas Nays~None. Regular ~I Yeas-Mayor Horgan, Council men Kean, Ludwig, Pfohl, Takas Nays-None. Petition of Richard Hough re- questing a refund of $25. on the unexpired portion of cigarette li- cense No. 189, as he has discon- tinued business on 3-4-65, present- ed and read. Councilman Takas 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, Takas. Nays-None. Petition of Donald Goetz request~ ing a refund of $25. on the unex- pired portion of cigarette license No. 137, as he has discontinued business on February 25, 1965, presented and read. Councilman Takas 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 Floyd Kurtz request- ing a refund of $25. on the. unex- pired portion of cigarette license No. 142, as he has discontinued business on March 30, 1965, pre. sented and read. Councilman Takas moved that the refund be granted and the Auditor instructed to is- sue proper warrant. Seconded by Councilman Ludwig. Carried by the following vote: Yeas-Mayor Horgan, Council- men Kean, Ludwig, pfohl, Takas. Nays-None. Petition of V. F. W. Gerald F. Winters Post #9663, requesting a refund of $150. on the unexpired portion of Class B beer license No_ 127, as they have discontinued business on Narch 31, 1965, pre- sentedand read. Councilman Ta- kas 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, Takas. Nays-None. Petition of Kenneth J. Oster- haus, requesting a refund of $25.00, on the unexpired portion 5, 1965 Session, April north porperty line of Kane Street to the south property line of Dav~ enport Street; gg. Kaufmann Avenue from the west property line of Central Ave- nue to the east property line of John F. Kennedy Road and from the west property Hne of John F. Kennedy Road to the east proper- tyline of Bonson Street; hh. Eleventh Street from the east property line of White Street, eastwardly to the present easterly terminus of Eleventh Street; ii. West Thirty-Second Street from the west property line of Cen- tral A venue to the east property line of the John F. Kennedy Road; "jj. Pennsylvania Avenue from University Avenue to the City Limits; kk. John F. Kennedy Road from Highway No. 20 to the south pro- perty line of Pennsylvania Avenue; and from the north property line of. Pennsylvania Avenue to the south p:rope-rty line of Asbury Street; and from the north proper- ty ,line of Asbury Street to City Limits; 11. Carter Road from the north property line of Asbury Street to the south line of Kaufmann Ave- nue; and from the north line of Kaufmann Avenue to the south line of W est Thirty-Second Street" Section 12. This Ordinance shall be in full force and effect from and after its final passage, . adoption and pUblication as by law provi- ded. Introduced the 5th day of April, 1965. Rule requiring reading on three separate days suspended by unani- mous vote the 5th day of Aprfil, 196-5. Passed by recorded roll can vote, L adopted and approved this 5th day of April, 1965. _ 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 12th day of April, 1965. Leo F. Frommelt City Clerk. Councilman Kean moved adop- tion of the Ordinance. Seconded by Councilman Ludwig. Carried by the following vote: Yeas-Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takas. Nays-None. Regular 100 Petition of Richard R. Hough requesting a refund of $50. on the unexpired portion of Class B beer permit No. 82, as he has discon- tinued business on 3-6-65, present- ed and read. Councilman Takas 'moved that the refund be granted and the Auditor instruced to issue proper warrant. Seconded by Coun- cilman Ludwig. Carried by the following vote: '~ 103 Inter. Councilman Takas 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. Takas, Nays-None. (Awarding Contract) RESOLUTION NO. 60-65 WHEREAS, sea 1 e d proposals have been submitted by contrac- tors for the Signalizing and Con- structing a turn-off lane of the Highway 20 and Devon Drive Inter- section pursuant to Resolution No. 47-65 and notice to bidders pub- lished in a newspaper published in said City on March 5, 1965 and March 12, 1965: and 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 (Fond 135) and the Street and Traffic Light- ing Fund (Fund 138). The above resolution was intro- duced, approved and ordered placed on file with the City Clerk this 1st day of March, 1965. RECORD OF FINAL The foregoing resolution finally passed and adopted, as posed, by the City Council 5th day of April 1965. Robert J. Horgan Mayor Richard Ludwig Peter J. Takos Eldon A. Pfohl James J. Kean Councilmen WHEREAS, said sealed propos. als were opened and read on April 5, 1965, and it has been determined that the bid of Tri-State Paving Company of Dubuque, Iowa in the amount of $18,583.35 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 contractors bond the City Treas- urer is authorized and instructed to return the bid deposits of the unsuccessful bidders. Councilman Kean moved adop- tion of the resolution. Seconded by Councilman Takas. Carried by the following vote: Yeas-Mayor Horgan, Council- men Kean, Ludwig, Pfohl. Takos Nays-None. 1I The lowest bid entered was by the Tri-8tate Paving Company of DUbuque, Iowa. Their bid was 7.8% over 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 Drive 1965 and Devon Attest: Leo F. Frommelt City Clerk Proof of Publication, certified to by the Publisher, of Notice to contractors of receipt of bids for the construction of Devon Drive and U. S. 20 intersection turning lane, presented and read. Council- man Kean moved that the proof of publication be received and filed. Seconded by Councilman Takos. Carried by the following vote: 1965 April To the Honorable Mayor and City Council Gentlemen: PUrsuant to your instructions, sealed bids were received until 10:00 A.M. Monday, April 5, 1965 for the Signalizing and Construct- ing a Turn.Off Lane of the High- Yeas-Mayor Horgan, Council men Kean, Ludwig, Pfohl. Takos Nays-None. 5, 5, way 20 section. "Town House" zoning classification presented and read. Councilman Takos moved that the petition be referred to the City Planner and Planning & Zoning Commission for investigation and report. Seconded by Councilman Ludwig. Carried by the fallowing 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 signalizing and construction of a turn off lane at Highway 20 and Devon Drive intersection, pre- sented and read. Councilman Takos moved that the proof of pnblica. tion be received and filed. Sec- onded by Councilman Ludwig. Carried by the following vote: Yeas-Mayor Horgan, Council men Kean, Ludwig, Pfohl, Takos Nays-None. (Necessity for Improvement) RESOLUTION NO. 47-65 WHEREAS, proposed p I a n s, 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 Clerk showing among other things the following: 1. The street to be improved. 2. The plan of such improvement. 3. An estimate of the cost of the proposed improvement. for the signalizing and construct- ing a turn off lane of the Highway 20 and Devon Drive Intersection. 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 men- tioned improvement, and unless property owners at the time of the final consideration of this pro- posed resolution 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 April Regular Session ADOPTION. was pro- this 1965 April 5, Session annex the property; installation of such water service be made in accordance with plumbing code. Seconded by Councilman Ludwig. Carried by the following vote: Yeas-Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takas. Nays-None. Petition of Earl J. O'Neill et al requesting rezoning of Lot 1 and 2 of Woodlawn Park Addn. (corner of Loras & Adair) from Single Family to Multiple Family Zoning Classification, presented and read. Councilman Ludwig moved that the petition be referred to the Plan~ ning & Zoning Commission. Sec. onded by Councilman Takos. Carried by the following vote: Yeas-Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays-None. Regular 102 Petition of Dick Loetscher Inc. requesting permission to excavate in nlinois & Pennsylvania streets to install sewer and water to serve Churchill Heights, presented and read. Councilman Takas moved that the petition be granted. Sec- onded by Mayor Horgan. Carried by the following vote: Yeas-Mayor Horgan, Council men Kean, Ludwig, Pfohl. Takos Nays-None. Petition of Merlin Justman re- questing a refund of $1.00 as the result of a duplicate purchase of dog license No. 1505, presented and read. Councilman Ludwig moved that the refund be granted and the Auditor instructed to issue proper warrant. Seconded by Coun~ cilman Takos. 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 on First Street between Main and Iowa Street, presented and read. Councilman Takos moved that the refund be granted. Seconded by Councilman Kean. Carried by the following vote: Yeas-Mayor Horgan, Council men Kean, Ludwig, Pfohl, Takos Nays-None. Petition of Hillcrest Builders Inc. requesting rezoning of Lot 1 of Picardy Park Subdivision to -"'-'" .. ii11ii;jffjl"iii i:l!i~1 ;1\ ~ I" "'~t I'! ;;j!~~l I ;:'"i:tl':j ID '!iy'l~ . 1:!I:i~ ""'ll :,n:'i~1 ' ; !l~::'i~. ! ""i',I'''''' 'I ili I ~; 105 That the Final Plat of "Sub~ division of Lot 152, East Dubuque Addition in the City of Dubuque, Iowa" be approved and forwarded to the City Council for action. RespectfUlly submitted, DUBUQUE C I T Y PLAN. NING AND ZONING COM. MISSlON Frank J. G lab, Secretary RESOLUTION NO. 63-65 RES 0 L UTI 0 N APPROVING THE PLAT OF THE SUBDIVI. SION OF LOT 152 IN "EAST DUBUQUE", AN ADDITION IN THE C I T Y OF DUBUQUE, IOWA, ACCORDING TO THE RECORDED PLATS OF SAID ADDITION. Councilman Takas moved that the action taken by the Commis- sion be approved. Seconded by Councilman Ludwig. Carried by the following vote: Yeas-Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takas. Nays-None. WHEREAS, there has been filed with the City Clerk a Plat of the Subdivision of Lot 152 in "East Dubuque", an Addition in the City of Dubuque, Iowa, according to the recorded Plats of said Addition by Catharine Isabel Flynn, Mary Lucy Flynn Meyer, Jane Frances Flynn Rodell and John Andrew Flynn: and WHEREAS, said Plat has been examined by the City Council and they find that the same conforms to the Statutes of the State of Iowa and the Ordinances of the City of Dubuque; NOW, THEREFORE, BE IT RE. SOLVED by the City Council of the City of Dubuque, Iowa: Section 1: That the Plat of the Subdivision of Lot 152 in "East Dubuque", an addition in the City of Dubuque, Iowa, ac- cording to the recorded Plats of said Addition be and the same is hereby approved and the May- or and City Council are hereby authorized and directed to en- dorse the approval of the City of Dubuque upon said Plat. PASSED, ADOPTED and Ap. PROVED by unanimous recorded 1965 5, Regular Session, Apri NOW mEREFORE BE IT RE. SOLVED BY THE CITY COUNCIL OF mE CITY OF DUBUQUE, IOWA. Section 1. That the disposal of interest by way of easement of City of Dubuque, Iowa, in and to the following described real estate, to-wit: Lot 2 of the Subdivision of Lot 2 of Lot 3, Block 7, in Indian Hills in the City of Dubuque, Iowa, be and the same is hereby ap- proved as it is in the best public interest. Section 2. That the Mayor and City Clerk are hereby authorized and empowered to execute Quit Claim Deed of City of Dubuque, conveying to J. Allen Wallis, Jr. and Marijane S. Wallis, all of its right, title and interest in and to the hereinabove describcd real estate and to deliver the same up- on receipt of payment of costs of publication. Section 3. That the City Clerk be and he is hereby authorized and directed to record a certified copy of this Resolution in the office of the Dubuque County Recorder in and for Dubuque County, Iowa. Passed, adopted and approved this 5th day of April, A.D., 1965. Robert J. Horgan Mayor Richard Ludwig Pcter J. Takos Eldon A. Pfohl James J. Kean Councilmen Councilman Ludwig moved 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. 1964 December 4, To the Honorable Mayor and City Conncil Gentlemen: At a regular meeting of the Planning and Zoning Commission held on November 27, 1964 the following action was taken: Attest: Leo F. Frommelt City Clerk I i I 5, 1965 Councilman Takos moved adop- tion of the resolution. Seconded by Councilman Kean. Carried by the following vote: Yeas-Mayor Horgan, Council- men Kean, Ludwig, Pfohl, T;>k:os. Nays-None. Proof of Publication, certified to by the Publisher, of notice of public hearing to consider pro- posal to dispose of interest in Lot 2 of Lot 3 of Blk 7, Indian Hills in the City of Dubuque, to J. Allen Wallis Jr. & Marijane S. Wallis, 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 Pfohl 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. RESOLUTION NO. 62-65. WHEREAS, pursuant to resolu- tion and published notice of time and place of hearing, published in the Telegraph-Herald, a newspaper of general circulation publiShed in the City of Dubuque, Iowa on March 5, 1965 and on March 12, 1965, City Council of Dubuque, Iowa, met on the 5th day of April, 1965, at 7:30 o'clock P.M. in the City Council Chamber in the City Hall, Dubuque, Iowa, to consider the proposal to dispose of interest by way of easement in certain real estate at which hearing all inter- ested persons were afforded an opportunity to be heard for or against such proposal and which real estate is described as follows, to-wit: Lot 2 of the Subdivision of Lot 2 of Lot 3, Block 7, in Indian Hills in the City of Dubuque, Iowa; and WHEREAS, City Council of Du. buque, Iowa, overr<<led ~ny and all objections, oral or written, to the proposal to qispose Qf interest by way of easement in the above described real estate to J. ALLEN WALLIS, JR. and MARIJANE S. WALLIS. Session, April (Ordering Construction) RESOLUTION NO. 61-6S BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE THAT: Pursuant to a Resolution of Necessity No. 47-65 which was duly passed by this Council for the signalizing and construction of a turn off lane of the Highway 20 and Devon Drive Intersection, 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 FURmER RESOLVED that the cost and expense of the said improvement be paid from the Street Road Use Tax Fund (Fund 135) and the Street and Traffic Light Fund (Fund 138). 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 5th day of April, 1965. Robert J. Horgan Mayor Richard Ludwig Peter J. Takos Eldon A. Pfohl James J. Kean Councilmen Attest: Leo F. Frommelt City Cierk Councilman Takos 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. and adopted this 5th day 1965. Robert J. Horgan Mayor Richard Ludwig Peter J. Takos Eldon A. Pfohl James J. Kean councilmen Regular Attest: Leo F. Frommelt City Clerk 104 Passed of April, -At ,4- 107 Coon- corder in for ty. Iowa. Passed, adopted and approved this 5th day of April, A.D., 1965. Robert J. Horgan Mayor Richard Ludwig Peter J. Takas Eldon A. pfohl James J. Kean Councilmen Dubuque 5, 1965 and Regular Session, Apr; NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Attest: Leo F. Frommelt City Clerk Mayor Horgan moved adoption of the resolution. Seconded by Councilman Takas. Carried by the following vote: Yeas - Mayor Horgan, Councn men Kean, Ludwig, Pfohl. Takas Nays-None. Section 1. That the disposal of the interest of City of Dubuque, Iowa, in the following described real estate, to-wit: Lot 1 of Block 15 in "River For- est Subdivision NO.3" in the City of Dubuque, Iowa, contain- ing 2.094 acres, for the sum of $3,500.00 per acre plus costs of publication to COCA COLA BOTTLING CO. of Dubuque. RESOLUTION NO. 66-65 WHEREAS, Joseph A. Stieber, Clerk of the Municipal Court of Dubuque, Dubuque County. Iowa, has requested the confirmation of the appointment of Margaret Fluhr as Deputy Clerk of Said Court; and WHEREAS, it appears that such appointment should be confirmed; NOW mEREFORE, Be It Re. solved by the City Council of the City of Dubuque: Sec. 1. That the appointment of Margaret Fluhr as Deputy Clerk of the Municipal Court of Du- buque, Dubuque County, Iowa, be and hereby is confirmed; Passed, adopted, and approved this 5th day of April, A.D., 1965. 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 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. Section 2. That the Mayor and City Clerk are hereby authorized and empowered to execute the Quit Claim Deed of City of Dubuque, conveying to Coca Cola Bottling Co. of Dubuque, all of its right, title and interest in and to the hereinabove described real estate, subject to the terms and conditions hereinafter set forth and to deliver said Deed upon receipt of the pur- chase price of $3,500.00 per acre and payment of costs of publica- tion which terms and conditions are as follows: a) Coca Cola Bottling Co. shall commence manufacturing opera- tions within six months (6) of de- livery of Quit Claim Deed con- veying the property hereinabove described by City of Dubuque, Iowa; b) Construction of the 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 ORDI- NANCE OF mE CITY OF DU- BUQUE, IOWA, as amended by Ordinance No. 33-59, establishing and defining "Restricted Industrial District"; said building when con- structed shall contain approxi. mately 21,000 square feet: c) Subject to perpetual right and perpetual easement in City of Dubuque, Iowa, in, over and across said premises for purpose of repair, maintenance and inspec- tion of existing City water main and sewer lines. OF DUBUQUE, April 5, 1965 1TY Regular Session, April this 5th day of 106 roll call vote A.D.. 1965. Robert J. Horgan Mayor Richard Ludwig Peter J. Takas Eldon A. Pfohl James J. Kean Councilmen Attest: Leo F. Frommelt City Clerk Councilman Takos 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. . , I .\ , , 1965 To the Honorable and City Council Gentlemen: On Monday evening, March 29, 1965, representatives from most 2, April Mayor 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 Re- '\' I. I Attest: Leo F. Frommelt City Clerk Mayor Horgan moved adoption of the resolution. Seconded by Coun- cilman Takas. Carried by the fol. lowing vote: Yeas-Mayor Horgan, Council- men Kean, Ludwig, Pfohl. Takos. Nays-None. RESOLUTION NO. 65-65 WHEREAS, pursuant to resolu- tion and published notice of time and place of hearing, published in the Telegraph-Herald, a newspaper of general circulation pUblished in the City of Dubuque, Iowa on March 5, 1965 and on March 12, 1965, City Council of Dubuque, Iowa, met on the 5th day of April, 1965, at 7:30 o'clock P.M. in the City Council Chamber in the City Hall, Dubuque, Iowa, to consider the proposal to dispose of certain real estate at which hearing all 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 1 of Block 15 in "River Front Subdivision No.3" in the City of Dubuque, Iowa, con- taining 2.094 acres. WHEREAS, City Council of Du- buque, Iowa, overruled any and all objections, oral or written, to the proposal to dispose of the interest of the City of Dubuque, Iowa, in the above described real estate to COCA COLA BOTTLING CO., of Dubuque, Iowa, for the sum of $3,500.00 per acre plus costs of publication. Proof of Publication, certified to by the Publisher, of notice of public hearing to consider a pro- posal to dispose of Lot 1 of Blk 15, in River Front Sub. #3 to Coca Cola Bottling Company, 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 Pfohl. Carried by the following vote: Yeas-Mayor Horgan, Council. men Kean, Ludwig, Pfohl, Takos Nays-None. RESOLUTION NO. 64-65 RESOLUTION Approving Plat of Subdivision of Block 15 in "River Front Subdivision No.3" in the City of Dubuque, Iowa. WHEREAS there has been filed with the City Clerk a plat in which Subdivision of Block 15 in "River Front Subdivision No.3" in the City of Dubuque, Iowa is platted as Lot 1 and Lot 2 of Block 15 of "River Front Subdivision Num- ber 3" in the City of Dubuque, Iowa. and, WHEREAS said plat has been examined by the City Council and they find the same conforms to the Statutes and Ordinances relat- ing thereto; NOW, THEREFORE, BE IT RE- SOLVED BY THE ClT1;' GOUNCIl; ~I i --........-.."" :1111 'ilr~I' I'iil~":' ; I:: ,~~ ""! '1'1" ;;~'i\~, ~I'l ;ii~i: .> \::'I~'i ~!r;'l ~: ;'li1i ' , ::!il!~;' . ""I,ij.j :!itJih !~ '[1":\ ' "ill,.!l ;:;::~il !il,~f:'r, , i'i!~@l;" I',,,',, i:i!;iiff-J :':~i:t~~ ":'II'~I WI"l I' ::Iirj, ~ , :!:'I::J~ ' ''''''~ilf ""I"" "il;'li~, 1"'\ , I 109 WHEREAS, the r e has been filed with the City Clerk a Plat of the Subdivision of Lot 1-16 in John King's 1st Addition in the City of Dubuque, Iowa, according to the recorded plats of said Addi- tion by Melita W. Kunnert, Arnold F. Kunnert, Frederick R. May, Mary Jo May, Elmer C. May Jr., He 1 e n May, Alberta L. Taylor, Heinrich C. Taylor, Mary V. Pat. terson, and Forrest D. Patterson; and Robert J. Horgan Mayor Richard Ludwig Peter J. Takas Eldon A. Pfohl James J. Kean Councilmen Attest: Leo F. Frommelt City Clerk Councilman Kean moved adop. tion of the resolution. Seconded by Mayor Horgan. Carried by the fOllowing vote: Yeas - Mayor Horgan, Council- men Kean, Ludwig, pfohl, Takas. Nays--None. To the Honorable Mayor and City Council Gentlemen: I herewith submit the attached sheets No. 1 to 9 inclusive, show- WHEREAS, said Plat has been examined by the City Council and they find that the same conforms to the Statutes of the State of Iowa and the Ordinances of the City of Dubuque; NOW, mEREFORE, BE IT RE. SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section I. That the plat of the Subdivision of Lot 1-16 in John King's 1st Addition in the City of Dubuque, 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 upon said Plat. Passed, Adopted and Approved by unanimous recorded roll call vote this 5th day of April A. D. 1965. 68-65 Resolution approving the pl~t of the Subdivision of Lot 1-16 in John Kingls ht Addition in the City of Dubuquel Iowa. 1965 RESOLUTION NO. 5, Regular Session, Apri Plan. Re- the as of as County Metropolitan Area ning Commission: NOW, THEREFORE Be It solved by the City Council of City of Dubuque, Iowa: That this Resolution serve this Community's acceptance the Articles of Agreement attached hereto; BE IT FURTHER RESOLVED: That this Resolution be made a matter of public record and that a copy of said Resolution be forwarded to the Chairman of the Dubuque County Board of Supervisors. Passed, adopted and approved this 5th day of April, 1965. Robert J. Horgan Mayor Richard Ludwig Peter J. Takas Eldon A. Pfohl James J. Kean Councilmen Attest: Leo F. Frommelt Clerk 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, Takos. Nays-None. March 29, 1965 To the Honorable Mayor and City Council Gentlemen: At a regular meeting of the Dubuque City Planning and Zon. ing Commission held on January 28, 1965 the fallowing action was taken: That the Final Plat of Subdivi. sion of Lot 1-16 in John King's 1st Addition in the City of Du. buque be approved and that ap. proval of the City Council is here by recommended. Respectfully submitted, DUBUQUE CITY PLANNING AND ZONING COMMISSION Frank J. Glab, Secretary Councilman Kean moved that the recommendation of the Com- mission be approved. Seconded by Councilman Takos. Carried by the following vote: Yeas - Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos, Nays-None. ! t Session, April 5, 1965 tial, commercial and industrial development. We must consider these uses on a county wide, rather than just a community basis, in the expanding econ- omy of the tri-state area. These are only the immediate benefits to be realized from par- ticipation in a metropolitan plan- ning program. Long term benefits would include the planning for sanitation, water supply, flood protection and drainage as well as assistance to all local units of gov- ernment in the county in reserv- ing school sites, recreation and park areas, and will eliminate planning duplication and promote efficiency in the coordinated de- velopment of Dubuque County. I believe that it is in the best interests of the City of Dubuque to actively participate in the Du. buque County Metropolitan Area Planning Commission. Respectfully yours, Clyde E. Cook City Planner NOTICE: A copy of the resolution being used by the other com- munities is attached. Councilman Takas moved that the recommendation of the City Planner be approved. Seconded by Councilman Ludwig. Carried by the following vote: Yeas - Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takas. Nays-None. RESOLUTION NO. 67-65 WHEREAS, The several communi- ties in Dubuque County, Iowa have become increasingly con- cerned over the lack of plan- ing and zoning controls over the land uses in the county; and WHEREAS, The Dubuque County Board of Supervisors has ex- pressed the desire to create a Metropolitan Planning Commis. sian to investigate the need for a County Comprehensive Plan; and WHEREAS, A county comprehen- sive plan will assist in the or- derly development of an expand- ing economy; will protect prop- erty values and provide for the needs of a growing population; and WHEREAS, The governing body of this community agrees toac- cept and abide by the Articles of Agreement of the Dubuque The creation of a Metropolitan Planning Commission will qual- ify the city and county for fed. eral funds to assist in the prep- aration of a metropolitan trans- portation plan which is re- quired by the Highway Act of 1962. The Act states that fed- eral participation for highway construction will be withheld from any community of over 50,000 population which does not have a plan approved or substantially in progress by June. 30, 1965. Participation in the Metropolitan Planning Com- mission will result in the cost of the study being shared by the Iowa Highway Commission and the Housing and Home Fi- nance Agency. The preparation of a county zoning ordinance which will regulate land uses and protect property values on the peri- phery of the city. The preparation of a recrea- tion plan to serve the future needs of the entire county plus the acqUisition and reten- tion of additional public open space to serve long range rec- reation needs. Reservation, through zoning, of areas best suited for residen- In view of the fact that Du. buque has an active Planning and Zoning. Commission.,. the question naturally -arises as to the benefits to be gained by the City of Du. buque through participation in a Metropolitan Planning Commis- sion. I believe the immediate bene- fits which will accrue to the city ate 1) All members of the group were given copies of the proposed Arti- cles of Agreement which delineate the membership, powers and du- ties, and other responsibilities of the proposed Commission. Each representative was requested to have his respective Council pass a resolution adopting the Articles of Agreement and appoint a com. missioner in order to get the com- mission established at the earliest possible date. Hegular of the communities in Dubuque County met at Epworth to discuss membership in the Dubuque Coun- ty Metropolitan Area Planning Commission. 108 3) 4) 2) ....,.'~ ~ III shall be assessed 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 5th day of April, 1965. Approved and placed on file for final action. Approved: Rohert J. Horgan Mayor Richard Ludwig Peter J. Takas Eldon A. Pfohl James J. Kean Councilmen Attest: Leo F. Frommelt, City Clerk Councilman Takas 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. (Fixing date of hearing) RESOLUTION NO. 72-6S WHEREAS, the City Council of the City of Dubuque, Iowa, has by Resolution No. 70-65 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 1965 Concrete Curb & Gutter 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 inspec- tion, BE IT THEREFORE RESOLVED that on the 10th day of May 1965, a public hearing will be held at 7:30 o'clock P.M. C.S.T. in the Council Chamber in the City of Dubuque at which time the owners of property subject to assessment for the proposed improvement may appear and make objection to the proposed plans and specifi- cation and proposed form af con. tract and at the same time to the boundaries of the proposed district, to the cost of the im. provement, to the amount pro- posed to be assessed against any lot and to the passage of the pro. posed Resolution of Necessity and 1965 5, April Regular Session East Fifteenth Street from 450' East of Sycamore to the E.P.L. of Maple Street. Fillmore Street from the E.P.L. of Adair Street to the Alley east of Adair Street. Fremont Avenue from the S.P.L. of Simpson Street to the present City Limits. John F. Kennedy Road from the S.P.L. of Asbury Street to the N.P.L. of Pennsylvania Av- enue. 7. Pennsylvania Avenue from the Section Corner of Sections 21, 22, 27 and 28 to the W.P.L. of Key Knolls Subdivision. 8. East Ninth Street from the W.P.L. of Pine S1. to a point 220' west of the W.P.L. of Pine Street. 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 resolution have on file with the City Clerk objections to the amount of the proposed assess- ments, they shall be deemed to have waived all objections there- to. 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 aU 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 or is ad- jacent thereto according 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 assess- ments 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 3. 4. 5. 6. ~ , II E.P.L. Alley at an estimated cost of $160,449.47, presented and read. Councilman Takas 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. April 5, 1965 Fillmore Street from the of Adair Street to the east of Adair Street. Fremont Avenue fro- m the S.P.L. of Simpson Street to the present City Limits. John F. Kennedy Road from the S.P .L. of Asbury Street to the N.P.L. of Pennsylvania Ave. nue_ Pennsylvania Avenue from the Section Corner of Sections 21, 22, 27 and 28 to the W.P .L. of Key Knolls Subdivision. East Ninth Street from the W.P.L. of Pine St. to a point 220' west of the W.P .L. of Pine Street. 6. 7. 8. 4. 5. Session ing a schedule of the proposed valuations and assessments for the City of Dubuque 1965 Concrete Curb & Gutter Proiect No. 1. Submitted April 5, 1965 John L. White, City Engineer Councilman Takas moved that the communication be received and filed. Seconded by Council. man Kean. Carried by the follow- ing vote: Yeas _ Mayor Horgan, Council- men Kean, Ludwig, Pfohl. Takos. Nays-None. Il.ESOLUTION NO. 69-65 Be it Resolved by the City Coun. cil of the City of Dubuque, Iowa: Section 1. That the attached sheets No. 1 to 9 inclusive are her e b y determined to be the schedule of proposed assessments for the City of Dubuque 1965 Con. crete Curb & Gutter Proiect No. 1 and the valuations set out therein are hereby approved. Adopted this 5th day of 1965. Regular 110 (Necessity for Improvement' RESOLUTION NO. 71-65 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 improve- ment, and the size and kind of sewers. 4. Each lot proposed to be asses- sed 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 mater- ial to be used. a. In each case the amount thereof which is estimated to be assessed against each lot, for the City of Dubuque 1965 Concrete Curb & Gutter Project No. 1 on the following named streets: L Alpha Avenue from the N.P.L. of Indiana Avenue to the S.P.L. of Van Buren Street. 2. Enid A venue from the N.P .L. of nlinois Avenue to the S.P .L. of Pennsylvania Avenue. April, Attest: Leo F. Frommelt City Clerk Councilman Takas 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. RESOLUTION NO. 70-65 Preliminary Estimate, approval of plans, specifications, form of contract, schedule and all other documents for the construction of City of Dubuque 1965 Concrete Curb & Gutter Project No. 1 on the following named streets: 1. Alpha Avenne from the N.P.L. of Indiana Avenue to the S.P.L. of Van Buren Street. 2. Enid Avenue from the N.P.L. of DIinois Avenue to the S.P.L. of Pennsylvania Avenue. 3. East Fifteenth Street from 450' East of Sycamore to the E.P .L. of Maple Street. Robert J. Horgan Mayor Richard Ludwig Peter J. Takas Eldon A. Pfohl James J. Kean Councilmen ,,*..,,.. 113 Alley between No. Al g 0 n a Street and Auburn Street, from Fillmore Street to De- corah Street. Alpha Avenue from of Illinois Avenue S.P.L. of Pennsylvania Atlantic S t r e e t from the N.P.L. of Dexter St. to the S.P.L. of No. Grandview Ave. Born Avenue from the S.P.L. of Van Buren St. to the S.P.L. of Ridgeway Ave. Enid Avenue from the N.P.L. of illinois Ave. to the S.P.L. of Pennsylvania Ave. 8. Fillmore Street from the E.P .L. of Adair St. to the Alley east of Adair St. Gilliam Street from the S.P .L. of University Ave. to the N.P. L. of West St. Lincoln Avenue from the N.P. L. of Hamilton St. to the W. P.L. of Rhomberg Ave. Nebraska Ave. from the N.P.L. of Van Buren St. to the E.P.L. of McPoland Ave. Wood St. from the Loras Blvd. to the University Ave. Devon Drive from the N.P.L. of Dodge St. to the S.P.L. of of Mineral St. of of 14. South Locust St. from the N.P. L. of Railroad Ave. to the S. P .L. of Dodge St. 15. East Fifteenth St. from the E.P.L. of Sycamore St. to a point 450' east of the E.P.L. of Sycamore St. BE IT mEREFORE RESOLVED that the City Council on its own motion or upon petition of property owners deems it advisable and ne. cessary 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 re- solution have on file with the City Clerk objections to the amount of the proposed assessments, they Ave- fram the N.P.L. to the Ave. Alpha Ave. from the N.P.L. of Indiana Ave. to the S.P.L. af Van Buren Street. 5. 6. 7. S.P.L. N.P.L. 12. 13. Lincoln Avenue fram the N.P.L. of Hamilton St. to the W.P.L. of Rhomberg Ave. Nebraska Ave. fram the N.P.L. of Van Buren St. to the E.P.L. of McPoland Ave. Wood St. from the S.P.L. of Lor.. Blvd. to the N.P.L. of University Ave. Devon Drive from the N.P.L. of Dodge St. to the S.P.L. of Mineral St. South Locust St. from the N.P.L. of Railroad AVe. to the S.P.L. of Dodge St. East Fifteenth St. from the E.P.L. of Sycamore St. to a point 450' east of the E.P.L. of Sycamore St. Yeas - Mayor Horgan, Council men Kean, Ludwig, Pfohl. Takos Nays-None. (Necessity for Improvement RESOLUTION NO. 7S-65 WHEREAS, pro p 0 sed plans, specifications, form of contract, palt and schedule have been duly prepared and approved by the City Council af the City of Dubuque and are now on file in the office of the City Clerk showing among other things the following: of each In each case the amount there- af which is estimated to be assessed against each lot, for the City of Dubuque 1965 Bitu. minaus Concrete Paving Proj- ect No. 1 on the following named streets and alleys: 5, 1965 her e b y determined to be the schedule of proposed assessments for the City of Dubuque 1965 Bituminous Cancrete Paving Proj- ect No. 1 and the valuations set out therein are hereby approved. Adopted this 5th day of April, 1965. Robert J .Horgan Mayor Richard Ludwig Peter J. Takas Eldon A. Pfohl James J. Kean Councilmen 2. Alley between Central nue and White Street 17th to 18th Streets. 5, 1965 Regular Session, Apr 1. 9. 10. 11. The assessment limits street to. be improved. streets to be improved. of such imprave- the size and kind The The width ment, and of sewers. Each lot proposed to be as. sessed together with a valua- tion fixed by the council. An estimate of the cost of the praposed improvement, stating the same for each different type of construction and kind of material to be used. 1. 2. 3. 6. 3. 4. 14. at an estimated cost of $109,419.86, presented and read. Councilman Takos moved adoption of the res- olutian. Seconded by Councilman Kean. Carried by the following vote: 4. 5. 10. 11. 12. 13. 15. I ~I \ 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 (4) weeks prior to the day fixed for its cansideration and unless prop. erty awners at the time of final consideration af said resolution have on file with the Clerk ob. jections to the amount of the pro- posed assessment, they shall have been deemed to have waived all objections thereto, at which hear- ing the Council will hear such objections and enter an record its final decision thereon. Passed, adapted and appraved this 5th day of April, 1965. Robert J. Horgan Mayar Richard Ludwig Peter J. Takas Eldon A. Pfohl James J. Kean Councilmen Session, April Regular 112 Attest: Leo F. Frommelt Clerk Councilman LUdwig adoption of the resolution. ed by Cauncilman Takas. by the fallowing vote: Yeas - Mayar Hargan, Council- men Kean, Ludwig, Pfohl, Takas. Nays-None. RESOLUTION NO. 74-65 Preliminary Estimate and ap- praval af p I a n s, specification, form of contract, schedule, and all ather dacuments far the con- struction of City of Dubuque 1965 Bituminous Cancrete Paving Proj- ect No.. 1, on the following named streets and alleys 1. Alley between No. Al g 0 n a Street and Auburn Street, from Fillmore Street to De- corah Street. moved Second- Carried Alley between Central Avenue and White Street from 17th to 18th Streets. Alpha Avenue from the N.P.L. of nlinois Avenue to. the S.P.L. of Pennsylvania Ave. Alpha Ave. from the N.P.L. of Indiana Ave. to the S.P.L. of Van Buren Street. Atlantic S t r e e t from the N.P.L. of Dexter St. to the S.P .L. of No. Grandview Ave. Born A venue from the S.P .L. of Van Buren St. to the S.P.L. of Ridgeway AVe. Enid Avenue from the N.P.L. of lllinois Ave. to the S.P .L. of Pennsylvania Ave. Fillmore S t r e e t from the E.P.L. of Adair St. to the Alley east of Adair St. Gilliam Street from the S.P.L. of University AVe. to the N.P.L. of West St. 2. 3. 4. 5. 6. 7. 8. 9. Attest Leo F. Frommelt City Clerk Councilman Takas moved adop- tion of the resolution. Seconded by Councilman Kean. Carried by the fallowing vote: Yeas - Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays-None. 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 valuations and assessments for the City of Dubuque 1965 Bituminous Concrete Paving Project NO.1. Submitted April 5, 1965. John L. White, City Engineer Councilman Kean moved that the communication be received and filed. Seconded by Council. man Ludwig. Carried by the fol- lowing vote: Yeas - Mayor Hargan, Council- men Kean, Ludwig, Pfohl, Takas. Nays-None. RESOLUTION NO. 73-65 Be it Resolved by the City Coun- cil of the City of Dubuque, Iowa: Section 1. That the attached sheets No. 1 to 20 inclusive are ~I l' ~ II ~ ~l~h ~ ,0t. 1~ ~~~ ,~ ,lDII~ ~i~~ il 115 Fremont Avenue from P .L. of Simpson Street present City Limits. John F. Kennedy Road from the S.P.L. of Asbury Street to the N.P.L. of Pennsylvania Avenue. Pennsylvania Avenue from the Section Corner of Sections 21, 22, 27 and 28 to the W.P.L. of Key Knolls Subdivision. East Twelfth Street from the E.P .L. of Elm Street to the E.P.L. of Central Ave. West Twelfth Street from the W.P.L. of Main Street to the E.P.L. of Bluff Street. Ninth Street from the E.P.L. of Central Ave. to the E.P.L. of Pine St. the Se. Car- (Necessity for Im:provement RESOLUTION NO. 79-65 WHEREAS, proposed plans, speci- fications, 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. of each The assessment limits street to be improved. The streets to be improved. The width of such improvement, and the size and kind of sewers. Each lot proposed to be asses. sed together with a valuation fixed by the council. 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. the E. to the $286,958.00, West Locust Street from the E.P.L. of Clarke Drive to the W.P.L. of Hodgdon Street. South Main Street from the N.P.L. of Railroad Avenue to the S.P.L. of Jones St. the S. to the at an estimated cost of presented and read. Councilman Takos moved adoption of the resolution. conded by Councilman Kean. ried by the following vote: Yeas - Mayor Horgan, Council men Kean, Ludwig, Pfohl, Takos. Nays-None. 2. 3. East 10th Street from P .L. of Central A venue E.P.L. of Pine St. 1965 5, Session, A pIil 10. 11. 9. 8. 3. 4. 5. 6. 7. 4. 5. To the Honorable Mayor and City Council Gentlemen: I herewith submit the attached sheets No. 1 to 22 inclusive show. ing a schedule of the proposed val- uations and assessments for the City of Dubuque 1965 Hot Mix-Hot Laid Asphaltic Concrete Paving Project No. 1. Submitted April 5, 1965. John L. White City Engineer Mayor Horgan moved that the communication be received and filed. Seconded by Councilman Ta- koso Carried by the following vote: Yeas - Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays--None. RESOLUTION NO. 77.65 Be it resolved by the City Coun- cil of the City of Dubuque, Iowa: Section 1. That the attached sheets No. 1 to 22 inclusive are hereby determined to be the sche- dule of proposed assessments for the City of Dubuque 1965 Hot-Mix Hot Laid Asphaltic Concrete Paving Project No. 1 and the valuations set out therein are hereby ap- proved. Adopted this 5th day of April 1965. Mayor Horgan of the resolution. Councilman Takos. following vote: Yeas - Mayor Horgan, men Kean, Ludwig, Pfohl Nays-None. RESOLUTION NO. 78-65 Preliminary Estimate, approval of plans, specification, form of contract, schedule, and all other documents for the construction of City of Dubuque 1965 Hot Mix- Hot Laid Asphaltic Concrete Pav- ing Project No. 1 on the following named streets and alleys: 1. Alley between Locust Street and Bluff Street from 9th St. to 10th St. 2. East Fifteenth Street from the W.P.L. of Sycamore Street to the E.P.L. of Pine Street. J. Horgan Mayor Richard Ludwig Peter J. Takas Eldon A. Pfohl James J. Kean Councilmen Leo F. Frommelt City Clerk moved adoption Seconded by Carried by the Council Takas. Regular Robert Attest 5, 1965 public inspection, for the City of Dubuque 1965 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 10th day of May, 1965, a public hearing will be held at 7:00 o'clock P.M., C.S.T. in the Council Chamber in the City of Dubuque at which time the owners of property subject to assessment for the proposed improvement may appear and make objection to the proposed plans and specifications and proposed form of contract and at the same time to the boundaries of the proposed district, to the cost of the improvement to the amount proposed to be assessed against any lot and to the passage of the proposed Resolution of Ne- cessity 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 (4) weeks prior to the day fixed for its consideration and unless property owners at the time of final con-sideration of said reso- 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 5th day of April, 1965. Robert J. Horgan Mayor Richard Ludwig Peter J. Takos Eldon A. Pfohl James J. Kean Councilmen Regular Session, April Robert J. Horgan Mayor Richard Ludwig Peter J. Takos Eldon A. Pfohl James J. Kean Councilmen Leo F. Frommelt City Clerk Councilman Kean moved adop- tion of the resolution. Seconded by Councilman Takas. Carried by the following vote: Yeas - Mayor Horgan, men Kean, Ludwig, Pfohl, Nays-None. 114 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 ~vately <>wned 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 out of the Street fund. Bonds shall be issued and sold in antici~ pation of deferred payments of as. sessments 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 dis- trict shall be assessed to and paid by the railway company. The above resolution was intro- duced, approved and 0 r d ere d placed on file with the City Clerk this 5th day of April, 1965. Approved and placed on file for final action Approved: Attest: Council- Takos. 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, men Kean, Ludwig, Pfohl Nays-None. Council Takos. Attest: (Fixing date of hearing) RESOLUTION NO. 76-65 WHEREAS, the City Council of the City of Dubuque, Iowa, has by Resolution No. 74-65 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 perk for , I!II~II l!.ll:i!!!iiJ\..1 1"1""""'" Ir,.III'~Y " "11""1" rl'j ,- .:;.',_<1' fJl"li;:::.j:,: ~;; i l~j!!:f:.:i::i :0,_ '[11,,_,1 "'lil'I'"ill" r'jlll W" ' '1'1'""'1'" "'1';"'1'" ".', i l ~'I :':" ''1''1'" ,,,,,!,,111::: if I!'I.':',-,"':' 111: ~it!l~il'1l :i, ;:1'1'''1., :::1 'g '9961 lJdV JO Aep qjg S!ql paldopV 'p,MOJddu AqaJaq ale uya.Ial{l lTIO las sllO!lenltl'A aql pUB '1 'ON laafo.Id q.rn:J le.r~altII qnM. :3U!ARd al3.ouo:! 9961 anbnqna JO An:! aql .IO] sluawssassu pasodoJd JO aInp -.npsalfl aq 01 pauyw.lalap AqaJaq ale 'aAysnpU! E 01 1 'oN Slaaqs paqJEne aql leq.L ol UO!t:t8S :11MOr' anbnqna JO At!;) <nil JO na -uno:! 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Jaaul:3U3: All;) at{l Aq JOJa.Iaql pa.IBda.Id uaaq aAuq l{;)PtM SUOnBJIHaads pue SUll'Id aIll l{llM. aouepJOaaB ul auop pUll' palall.Ils -uoo aq Ul1qs luawaAo.Idwl P1BS 'ola.1alll SuOnJafqo ne paAleM 3All'l{ Ol pamaap aq llul.{s Aaql 'sluawssassu pasodoJd aql JO lunowe alll Ol SUOn;)a~qo JfJal;) All;) aql qllM. aHI uo aABq uonnr -osa.l pasodoJd slql }O UOnll'.laplsuOJ leuu aql JO awn aq} le SJauM.O Apado.Id ssaIun pue 'lUaWaAO.Id -illl pauonuam u1a.Iaq aql a}{RW O} 3Ien3M ollqnd aq} .I0} A.leSSaJau pue alqeslAPu n smaap 'SJ3UM.0 ApadO.ld }O uonnad uodn .10 Uonow UM.O sll UO 11Juno;) Al13 aql leql U:i!A'lOS:i!lI :i!lIO.!!:i!lI:ilH.L .Ll :i!H II ~ r . ..,,,.,...,,,,.,...,,~ 119 To the Honorable and City Council Gentlemen: At a regular meeting of the Planning and Zoning Commission held on February 25, 1965 the fol. lowing action was taken: That the final plat of Block 1, Block 2, Block 3 and Block 4 of "Churchill Heights" in the City of Dubuque be approved and ap- proval of the City Council is here- by recommended. Respectfully submitted, Frank J. Glab, Secretary Councilman Takas moved that the recommendaion of the Com- mission be approved. Seconded by Councilman Ludwig. Carried by the fOllowing vote: Yeas-Mayor Horgan, men Kean, Ludwig, Pfohl Nays-None. RESOLUTION NO. 85-65 Resolution Approving the Plat of Block 1, Block 2, Block 3, and Block 4 of "Churchill Heights" in the City of Dubuque, Iowa. WHEREAS there has been filed with the City Clerk a plat on which Lots 344, 345, 346, 347, 348 and 349, each in Lenox Addition, Dubuque County, Iowa; and Lot 2 of "Molo & Schrup Place No.1 in Dubuque Township, Dubuque County, Iowa; and Lot 1 of Lot 1 of "Malo & Schrup Place NO.2" in Dubuque Township, Dubuque County, Iowa; and Lot 2 of "Malo & Schrup Place NO.2" in Dubuque Township, Du- buque County, Iowa; and Lot 2 of "Malo & Schrup Place No.3 in Du. buque Township, Dubuque County, Iowa; each now in the City of Dubuque, Iowa, are platted as Block 1, Block 2, Block 3 and Block 4 in "Churchill Heights" in the City of Dubuque, Iowa. By Dick Loetscher, Inc. as owner thereof; and WHEREAS, said plat has been examined by the City Planning and Zoning Commission and ap- proved by said Body; and, WHEHEAS, upon said plat ap- pears easements which the owner upon said plat has dedicated to the public forever; and, WHEREAS, in conjunction with said plattings, said owner has va- ~ Council Takos. 1965 April 2, Mayor 1965 5, Session, April Dubuque 1965 Concrete Paving with Integral Curb Project No. 1 and, WHEREAS, the proposed Resolu- tion of Necessity for said improve. ment has been introduced and is now on file in the City Clerk's office for public inspection, BE IT THEREFORE RESOLVED that on the 10th day of May, 1965, a public hearing will be held at 7:30 o'clock P.M. C.S.T. in the Council Chamber in the City of Dubuque at which time the own- ers of property subject to assess- ment for the proposed improve- ment may appear and make ob- jection to the proposed plans and specifications and proposed form of contract and at the same time to the boundaries of the proposed district, to the cost of the improve- ment, to the amount proposed to be assessed against any lot and to the passage of the proposed Resolution of Necessity and the City Clerk be and he is hereby 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 (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 hear such objections and entcr on rec- ord its final decision thereon. Passed, adopted and approved this 5th day of April, 1965. 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 adop- tion of the resolution. Seconded by Mayor Horgan. Carried by the following vote: Yeas-Mayor Horgan, men Kean, Ludwig, Pfohl Nays-None. Council Takas. Regular for Robert J. Horgan Mayor Richard Ludwig Peter J. Takos Eldon A. Pfohl James J. Kean Councilmen Leo F. Frommelt City Clerk Councilman Kean m 0 v e d ap- proval of the resolution. Seconded by Mayor Horgan. Carried by the following vote: Yeas - Mayor Horgan, men Kean, Ludwig, Pfohl Nays-None. WHEREAS, the City Council of the City of Dubuque, Iowa, has by Resolution No. 82-65 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 April 5, 1965 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 with 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 out of the street fund. Bonds shall be issued and sold in anticipation of deferred payments of assess- ments 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 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 5th day of April, 1965. Approved and placed on file final action. Approved: Attest: Counci Takos. (Awarding Contract) RESOLUTION NO. 84-65 Session, 118 at an estimated cost of $224,017.85, presented and read. Councilman Takos moved adop- tion of the resolution. Seconded by Councilman Ludwig. Carried by the following vote: Yeas - Mayor Horgan, men Kean, Ludwig, pfohl, Nays-None. {Necessity for Improvement RESOLUTION NO. 83-65 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 Dnbuque 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, and the size and kind of sewers. 4. Each lot proposed to be asses- sed 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 City of Dubuque 1965 Concrete Paving with Integral Curb Pro- ject No. 1 on the following named streets: 1. East Ninth Street from the S. P .L. of East Ewelfth Street to the E.P .L. of Pine Street. 2. Montcrest Street from the W. P.L. of Lot 37 of Pleasant View Add. to the W.P.L. of Hemp. stead Street. 3. East Twelfth Street from the E.P .L. of Elm Street to the E. P .L. of Kerper Blvd. 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 re. solution 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. Council Takos. Regular 121 Attest: Leo F. Frommelt, City Clerk Councilman Ludwig moved adop~ tion of the resolution. Seconded by Mayor Horgan. Carried by the fol- lowing vote: Yeas-Mayor Horgan, man Kean, Ludwig, Pfohl Nays-None. WHEREAS, there has been filed with the City Clerk a plat of the Subdivision to be known as "KNOB HILL" in the City of Dubuque, Iowa, by Knob Hill, Inc., an Iowa corporation, 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 pub. lic 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 the statutes and ordinances relat- ing thereto, except that street grades have Dot been established, the streets brought to grade, Of paving, sewer or water installed, and; WHEREAS, the City of Dubuque, Iowa, by Resolution No. 44-65 dated the 1st day of March, 1965, ap. proved said plat and the dedica- tions therein, and authOl'ized and directed the Mayor and City Coun- cil to endorse their approval on said plat provided the owners of the property execute their written acceptance attached to the Resolu- tion agreing to perform certain duties set forth in said Resolution, and' WHEREAS, subsequent to the date said Resolution was adopted, the said John Duggan, trustee, un- der the "Regina Duggan Trust" as owner of the land involved therein, together with Regina Duggan, the grantor and beneficiary under said trust have executed deeds and COQ- Counci Takos. RESOLUTION NO. 87.65 Resolution Approving Plat of Block 1, Block 2 and Block 3 of '''Knob Hill" in the City of Du- buque, Iowa, by Knob Hill, Inc., an Iowa Corporation. 5, 1965 Session, Apri Councilman Takos moved adop- tion of the resolution. Seconded by Councilman Ludwig. Carried by the following vote: Yeas-Mayor Horgan, men Kean, Ludwig, Pfohl Nays--None. RESOLUTION NO. 86-65 WHEREAS, Dick Loetscher, Inc., have delivered a Deed of Convey- ance to the City of Dubuque, Iowa, for all Easements of Record ap- pearing upon or pertaining to the plats of Lots 344, 345, 346, 347, 348 and 349. each in Lenox Addition, Dubuque County, Iowa; and Lot 2 of "Molo & Schrup Place No.1" in Dubuque Township, Dubuque County, Iowa: and Lot 1 of Lot 1 of "Molo & Schrup Place No.2" in Dubuque Township, Dubuque County, Iowa; and Lot 2 of "Molo & Schrup Place No.2" in Dubuque Township, Dubuque County, Iowa; and Lot 2 of "Molo & Schrup Place No.3" in Dubuque Township, Du- buque County, Iowa; each now in the City of Dubuque, Iowa: which do not appear upon the plat of Block 1, Block 2, Block 3 and Block 4,in "Churchill Heights" Subdivision in the City of Du- buque, Iowa, WHEREAS, said easements of record are being conveyed for the establishing of a new Subdivision plat known as Block 1, Block 2, Block 3, and Block 4, in "Churchill Heights" Subdivision in the City of Dubuque, Iowa. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Deed of Convey- ance by Dick Loetscher, Inc. for said Easements of Record are here- by accepted. Passed, adopted and approved this 5th day of April, A.D., 1965. Robert J. Horgan Mayor Richard Ludwig Peter J. Takos Eldon A. Pfohl James J. Kean Councilmen condi Council Takos. and agrees to perform the tions therein required. Dick Loetscher, Inc. Richard A. Loetscher, President Regular ( ~ j 1965 Attest: Leo F. Frommelt, City Clerk CERTIFICATION This is to certify that the secur- ity requested by the foregoing Resolution No. 85-65 has been pro- vided by the orders. Dated at Dubuque, Iowa, this 19th day of April, 1965. Gilbert D. Chavenelle, City Manager Acceptance of Resolution No. 85-65 Dick Loetscher, Inc. having read the terms and conditions of the foregoing Resolution No. 85-65 and being familiar with the contents thereof, hereby accepts the same 5, catoo, subject to the consent of (b) To construct Sanitary Sewers the City Council of the City of and- Sewer Laterals; Dubuque, all easements of Record (c) To construct Water Lines and appearing upon hte plats of Lots Water Laterals. 344; 345, 346, 347, 348 and 349, (d) All acco"ding to City of Du. each in Lenox Addition, Dubuque buque Ordinances and Specifica- County, Iowa; and Lot 2 of "Molo tions to serve the lots in this Sub. & Schrup Place No. 1 in Dubuque division. Township, Dubuque County, Iowa; (e) To provide the foregoing con- and Lot 1 of Lot 1 of "Molo & struction and maintenance at the Schrup Place NO.2" in Dubuque sole expense of the Subdivider, Township, Dubuque County, Iowa; Dick Loetscher, Inc. as owners. and Lot 2 of "Malo & Scbrup Place (f) To construct said improve. No.2" in Dubuque Township, Du- ments prior to December 1, 1967: buque County, Iowa; and Lot 2 of and further provide that said Dick "Molo & Schrup Place No.3" in Du- Loetscher, Inc. owner of said sub. buque Township, Dubuque County, division, secure the performance Iowa; each now ~n the City of Du- of the foregoing conditions by pro- buque, Iowa, whIch do not appear viding security in such sums and upon the plat of Block 1, Block 2, with such sureties as may be ac- Bl~ck 3;, and Bloc~ 4 in "Churchill ceptable to the City Manager. HeIghts SubdIVIsIon III the City (g) To pay all assessments levied of Dubuque, Iowa, for curb and gutter and bitumi- WHEREAS, said vacated ease. nous pavement on streets for the ments have not been exercised nor lots pertaining to this subdivision. has any such use been authorized Section 2. by the City of Dubuque, and the That in the event Dick Loetsch. City Council finds that it is in er, Inc. shall fail to execute the the best interest of the City of acceptance and provide the secur- Dubuque to approve said vacation; ity required in Section 1 hereof and, within forty five (45) days from WHEREAS, said plat has been t~e. date of this resolution, the pro- found by the City Council to COD- VISIon hereof shall be null and form to the Statutes and Ordi- void and the acceptance of the na:nces relating thereto except that plate will not be effective. the following are not included: Passed( adopted and approved (a) Sanitary Sewers and Sewer by recorded roll call vote this 5th laterals. day of April, A.D., 1965. (b) Water lines and water later. Robert J. Horgan also Mayor (c) Sidewalks. Richard LUdwig (d) Curb and Gutter. Peter J. Takas (e) Bituminous pavement. Eldon A. Pfohl NOW THEREFORE, BE IT RE. James. J. Kean SOLVED by the City Council of Councilmen the City of Dubuque, Iowa: Section 1. That the plat of Block 1, Block 2, Block 3 and Block 4 in "Chnrchill Heights subdivision" is hereby ap- proved and the Mayor and City Council are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa upon said plat, Provided the owners of said property hereinafter named, execute their written acceptance hereto attached, agreeing: (a) To construct sidewalks ac- cording to City of Dubuque Ordi- nances and Specifications, where- ever the subdivision abuts a plat. ted street. Regular Session, April 120 ~I <...".# WE i! ~ 1"I~ii! 'hi' ". i " " 123 (Necessity for Improvement: RESOLUTION NO. 89-65 WHEREAS, proposed plans, spec- ifications, 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: 3. BE IT THEREFORE RESOLVED that the City Council on its own motion or upon petition of pro- perty 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 resolution have on file with the City Clerk objections to the amount of the cost of improve- ment, they shall be deemed to have waived all objections thereto. Said improvement shall be COD- 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 cost and ex- pense of making said improvement will be paid from the Sanitation- Sewage Rental Fund. The above resolution was intro- duced and ordered placed on file with the City Clerk this 5th day of April 1965. Approved and placed on file for final action. Approved: J. Horgan Mayor Richard Ludwig Peter J. Takos Eldon A. Pfohl James J. Kean Councilmen Robert Attest: Leo F. Frommelt City Clerk of 1. The street to be improved 2. The plan of such improve- ment 1965 An estimate of the cost the proposed improvement for the construction of an eighteen inch (IS") Sanitary Sewer from Manhole No. 44 of the Catfish Creek Sanitary Sewer, thence west- erly in Lot 2 of Mineral Lot 211 287 feet. ACCEPTANCE OF RESOLUTION NO. 87-65 Knob Hill, Inc., an Iowa Corpora- tion, being familiar with the terms and provisions of the foregoing Resolution No. 87-65 hereby accepts the same and agrees to perform the conditions required of it herein. Dated this 9th day of April, 1965. KNOB HILL, INC. By John Duggan, President TO LEO F. FROMMELT, CITY CLERK: This is to certify that the security required by the foregoing Resolu- tion No. 87-65, has been provided by the owner. Dated at Dubuque, Iowa, this lOth day of April 1965. Gilbert D. Chavenelle, City Manager Councilman Takos 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. RESOLUTION NO. 88.65 Preliminary Estimate, plans and specifications, form of contract, plat and all other documents for the construction of an eighteen inch (18") sanitary sewer from man- hole No. 44 of the Catfish Creek Sanitary Sewer, thence westerly in Lot 2 of Mineral Lot 211, 287 feet, at an estimated cost of $5600.00, presented and read. Councilman Kean moved adop- tion of the resolution. Seconded by Councilman Takos. Carried by the following vote: Yeas - Mayor Horgan, Counci men Kean, Ludwig, Pfohl, Takos. Nays_None. 5, Regular Session, April lution, the prOVISIOns hereof shall be null and void and the acceptance of the dedication and approval of the plat shan not be affective. Passed, adopted and approved by unanimous recorded roll call this 5th day of April, 1965, A.D. Robert J. HQrgan Mayor Richard Ludwig Peter J. Takos Eldon A. Pfohl James J. Kean Councilmen Attest: Leo F. Frommelt, City Clerk ~:. ~ t provided Knob Hill, Inc., an Iowa corporation, the owner of said property named therein, executes its written acceptance hereto at- tached agreeing: a) To reduce all streets to grade and to construct concrete curb and gutter and to hard surface Knob Hill Drive and Oakridge Drive with bituminous concrete, or with 6% inch concrete pav- ing with integral curb, all in accordance with the City of Du- buque standard speCifications; b) To install sanitary sewer mains and sewer service laterals in ac- cordance with plans submitted with the plat: c) To install water mains and water service laterals in accordance with plans submitted with the plat: d) To install storm sewers and catchbasins in accordance with plans submitted with the plat; e) To install concrete sidewalks as required by City Ordinances, and where directed by the City En- gineer and the City Manager; f) To construct the foregoing im- provements in accordance with plans and specifications appr;)v- ed by the City Manager, under the inspection of the City Engi- neer, and in a manner approved by the City Manager: g) To maintain the street improve- ments for a periOd of four (4) years from the date of their ac- ceptance by the City of Dubuque, Iowa; h) To provide the foregoing con- struction and maintenance at the sole expense of the subdivider, Knob Hill, Inc., an Iowa corpora- tion, as owner; i) To construct said improvements, except sidewalks, prior to Febru- ary 22, 1967, and to construct the sidewalk prior to February 22, 1969' and f~ther provided that the said Knob Hill, Inc., an Iowa corpora- tion, as owner of said subdivision secure the perfonnance of the foregoing conditions by providing security in such form and with such sureties as may be acceptable to the City Manager. ~3. That in the event Knob Hill, Inc. shall fail to execute the ac- ceptance and furnish the security provided for in ~2 hereof within 45 days after the date of this Reso. 5, 1965 Session, April veyed said property to Knob Hill, Inc., an Iowa corporation, which corporation is now the owner of the land comprising said subdivi- sion and which corporation will be required to secure the perform- ance of the conditions set forth in the Resolution approving said plat. NOW, THEREFORE, BE IT RE. SOLVED BY mE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, that the Resolution No. 44-65 heretofore adopted on the 1st day of March, 1965, is hereby rescinded, and the following Reso- lution is adopted in lieu thereof. RESOLUTION APPROVING THE PLAT OF BLOCK 1, BLOCK 2 AND BLOCK 3 of "KNOB HILL" IN THE CITY OF DUBUQUE, IOWA. Regular 122 WHEREAS, there has been filed with the City Clerk a plat of the subdivision to be known as Knob Hill in the City of Dubuque, Iowa, by Knob Hill, Inc., an Iowa corpora- tion, and; WHEREAS, upon said plat ap. pear streets to be known as Knob Hill and Oakridge Drive, together with certain public utility ease- ments 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 has had its approval endorsed thereon, and; WHEREAS, said plat has been examined by the City Council and they find that the same conforms to the statutes and ordinances reo lating 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 THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, ~. That the dedication of Knob Hill Drive and Oakridge Drive, to- gether with the easements for public utilities as the same appear upon said plat, be and the same is hereby accepted. ~2. That the plat of "Knob Hill" in the City of Dubuque, Iowa, be and the same is hereby approved and the Mayor and City Council are hereby authorized and directed to endorse the approval of the City 9f DllQllque, Iowa, upon said ~lat, 125 West 22nd ("::~ i;;:?~: ,:('1 i~Ji :Ii:ti ~ 1; \' liii: 22nd CLASS "C" BEER PERMIT Earl J. McNamara, 1046 University Avenue Carl Chalder, 101 West 5th Street Mrs. John McEvoy, 775 East 6th St. Passed, adopted and approved this 5th day of April, 1965. Robert J. Horgan Mayor Richard Ludwig Peter J. Takas Eldon A. Pfohl James J. Kean Councilmen 450 East 1965 RicLlard N. Stecklein, Locust Street Robert L. Johnson, 115 Street f Attest: Leo F. Frommelt City Clerk Councilman Takas moved adop- tion of the resolution. Seconded by Mayor Horgan. Carried by the following vote: Yeas - Mayor Horgan, Council men Kean, Ludwig, Pfohl. Takas Nays-None. RESOLUTION NO. 94-65 WHEREAS, applications for Liq. liol Permits have been submitted to this Council for approval and the same have been examined, NOW mEREFORE 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 com- pliance with the terms of the Iowa Liquor Control Act-Chapter 123-as amended by the 60th Gen. eral Assembly, 1963. CLASS "C" COMMERCIAL ESTABLISHMENT Delbert D. Daugherty, 238-240 West 6th Street Robert Louis Johnson, 115 East 22nd Street Passed, adopted and approved this 5th day of April, 1965. Robert J. Horgan Mayor Richard Ludwig Peter J. Takas Eldon A. Pfohl James J. Kean Councilmen Delbert D. Daugherty, West 6th Street Donald M. Love, 250 Street Ethel Schwartz, 500 Avenue Mrs. Josephine Burke, Street Carl N. Brant, 2600 Attest: Leo F. Frommelt, City Clerk Mayor Horgan moved adoption of the resolution. Seconded by Councilman Takos. Carried by the following vote: Yeas -Mayor Horgan, men Kean, Ludwig Pfohl, Nays-None. RESOLUTION NO. Council Takas. 93-65 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. CLASS "B" Attest: Leo F. Frommelt City Clerk Rhomberg Main Ave. f!1 4th East Inc. t. ! , CLASS "C" BEER PERMIT Earl J. McNamara, 1046 University Avenue Carl Chalder, 101 West 5th Street Mrs. John McEvoy, 775 East 6th Street Be It Further Resolved that the bonds filed by such applicants be and the same are hereby approved. Passed, adopted and approved this 5th day of April, 1965. Robert J. Horgan Mayor Richard Ludwig Peter J. Takas Eldon A. Pfohl James J. Kean Councilmen 5, Regular Session, April Mrs. Josephine Burke, 531 Main St. Carl N. Brant, 2600 Central Avenue Dubuque Baseball, Inc., East 4th Street Extension Richard N. Stecklein, 450 Locust Street Robert L. Johnson, 115 East Street West Carried by the 5, 1965 Councilman Ludwig. following vote: Yeas _ Mayor Horgan, Council men Kean, Ludwig, Pfohl. 'Takos. Nays-None. Session, April Councilman Kean moved ap~ proval of the resolution. Seconded by Councilman Pfohl. Carried by the following vote: Yeas - Mayor Horgan, Council men Kean, Ludwig, Pfohl, Takas Nays-None Regular 124 RESOLUTION NO. 91-65 BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the following having complied with the provisions of law relating to the sale of Cigarettes within the City of Dubuque, Iowa, be granted a permit to sell cigar- ettes and Cigarette Papers within said City. Address 2050 Uni. 22nd East Name University of Dubuque, versity Avenue. Robert L. Johnson, 115 Street. Phillip T. Langas, 1105 Loras (Fixing Date of Hearing) RESOLUTION NO. 90-65 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 an eighteen inch (18") Sanitary Sewer from Manhole No. 44 of the Catfish Creek Sanitary Sewer thence west. erly in Lot 2 of Mineral Lot 211 287 feet. BEER PERMIT 238-240 6th West , . Blvd. BE IT FURTHER RESOLVED that the bonds filed with the ap- plication be approved. Passed, adopted and approved this 5th day of April, 1965. Robert J. Horgan Mayor Richard Ludwig Peter J. Takas. Eldon A. Pfohi James J. Kean Councilmen F. Frommelt City Clerk Councilman Ludwig moved adop- tion of the resolution. Seconded by Councilman Takas. Carried by the following vote: Yeas - Mayor Horgan, men Kean, Ludwig, Pfohl, Nays-None. RESOLUTION NO. 92-65 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 compliance with the terms of the ordinances of the City. Council Takas. Leo Attest: BE IT THEREFORE RESOLVED that on the 3rd day of May, 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 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 direc- ted to advertise for proposals for the construction of the improve- ment. Passed, adopted and approved this 5th day of April, 1965. Robert J. Horgan Mayor Richard Ludwig Peter J. Takos Eldon A. Pfohl James J. Kean Councilmen 531 Central nue Dubuque Baseball, Street Extension Name Address CLASS "B" BEER PERMIT Delbert D. Daugherty, 238.240 West 6th Street Donald M. Love, 250 West 6th St. Ethel Schwartz, 500 Rhomberg Ave. Attest: Leo F. Frommelt City Clerk Councilman Takos moved adop- tion of the resolution. Seconded by ~-4<- t~! ~I , 127 '~I Passed, adopted and approved this 14th day of April, A.D., 1965. Robert J. Horgan Mayor Richard LUdwig Peter J. Takas Eldon A. Pfohl James J. Kean Councilmen 1965 14, Session, April CITY COUNCIL (OFFICIAL) Attest: Leo F. Frommelt City Clerk Councilman Ludwig moved adop- tion of the resolution. Seconded by Councilman Pfohl. Carried by the following vote: Yeas - Mayor Horgan, Council- men Kean, Ludwig, Pfohl. Takas. Nays-None. Special 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, Takas. Nays-None. Leo F. Frommelt City Clerk 1965. Mayor Horgan read the call and stated that service thereof had been duly made and this meeting is called for the purpose of au- thorizing the Mayor to declare a state of public emergency due to flood waters and acting upon such other business as may properly come before a Regular meeting of the City Council. olclock Horganl Coun. Ludwig, Pfohl Gilbert 4, Absent City Manager D. Chavenelle. Apri 12:00 Session, at - Mayor Kean, met Special Counci noon. Present cilmen Takos. 'J ..................1965. 965. Now Therefore Be It Resolved by the City Council of City of Du. buque, Iowa: City Clerk Councilmen Attest II ( i 1965 Commission for a six year term expiring 5-14-71. Seconded by Councilman Takos. Carried by the following vote: 5, Hegular Session, April Yeas - Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays-None. 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. 126 Mr. Charles Scherrer addressed the Council inqUiring as to what has been done relative to the half hour parking meter time. He was advised that a survey is being presently conducted and upon completion of same the matter would be reconsidered. Yeas Mayor Horgan, Council- men Kean, Ludwig, Pfohl. Takas. There being no further business Mayor Horgan moved to adjourn. Seconded by Councilman Takos. Carried by the following vote: Nays-None. Leo F. Frommelt City Clerk RESOLUTION NO. 95-65 WHEREAS, applications for Liq- uor Permits were filed by the within named applicants and they have received the approval of this Council, and WHEREAS, 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 mEREFORE 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. Approved Adopted Councilmen: CLASS "C" COMMERCIAL ESTABLISHMENT Delbert D. Daugherty, 238-240 West 6th Street Robert Louis Johnson, 115 East 22nd Street Passed, adopted and approved this 5th day of April, 1965. Robert J. Horgan Mayor Richard Ludwig Peter J. Takas Eldon A. Pfohl James J. Kean Councilmen 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. Mayor Horgan moved that the following members be reappointed to the Board of Heating, Ventilat- ing, Air Conditioning and Refrig- eration for three year terms ex- piring 3-16-68, Clarence J. Brashaw, Thea. Glass, John E. Brown; also that Edwin Koerperick be re-ap- pointed to the Board of Zoning Ad. justment for a five year term ex- piring 3-5-70: also that Harry Chambers and Robert Waller be reappointed to the Airport Zoning RESOLUTION NO. 96-65 WHEREAS, it is anticipated that the Mississippi River will inundate certain areas of the City of Du. buque by reason of flood waters of said River, thereby threatening the health, safety and welfare of the inhabitants of the City of Du- buque, Iowa. j 1 ~ !t .......1965. .1965. Approved Adopted Section 1. That the Mayor of City of Dubuque, Iowa, be and he is hereby authorized and empow- ered to declare a state of public danger or emergency at such time as in his jUdgment the flood wa- ters of the Mississippi River war- rant such a declaration. Section 2. That the Mayor of the City of Dubuque, Iowa, be and he is hereby authorized and em- powered to govern the City of Dubuque by Proclamation during such state of public danger or emergency until such time as in the Mayor's judgment such public danger or emergency no longer ex- ists. . . City Clerk Attest: .-....