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1965 July Council Proceedings I 211 Regular Session, July 5, 1965 CITY COUNCIL OFFICIAL Regular Session, July 5, 1965. No members of the city council being present upon roll call the meeting was postponed subiect to ..U. Leo F. Frommelt, City Clerk Approved ...................... 965. Adopted ........................ 965. ............... ............... Councilmen ...............' ...............' ..............., Attest: ,....-............., City Clerk I 213 Horgan moved that the proof of publication be received and filed. Seconded by Counncilman Pfohl. Carried by the following vote: Yeas-Mayor Horgan, Council men Kean, Ludwig, Plohl. Nays-None. Absent-Councilman Takas. ORDINANCE NO. 16-65 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 cer- tain property hereinafter de- scribed from "Single Family Residence Distric-r' classification to Local Business "A" classifica. tion, said Ordinance having been previously presented and read at the Council meeting of June 14,1965, presented for Final Adoption. ORDINANCE NO. 16-65 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_ INAFTER DESCRIBED FROM "SINGLE FAMILY RESIDENCE DISTRICT" CLASSIFICATION TO LOCAL BUSINESS "A" CLASSIFICATION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: 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 here_ by amended by changing from "Single Family Residence District" Classification to "LOCAL BUSI- NESS "A" District" Classification, the follOWing described real estate, to wit: Lot 1 of the Subdivision of Lot 2 of Rudolph's Farm in Sec- tion 27; Township 89 N., R. 2E of 5th P. M.; and Lot 1 of Subdivision of Lot 2 of Lot 2 of Lot 2 of Lot 1 of Lot 1 of Hawkeye Stock Farm in Sec- tions 27 and 28, Dubuque Town- ship, aU in the City of Du- buque, Iowa. Passed, adopted and approved this 6th day of July A. D., 1965. ROBERT J. HORGAN Mayor RICHARD LUDWIG 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 July, 1965. Leo F. Frommelt City Clerk Councilman Kean moved adop- tion of the Ordinance. Seconded by Councilman Ludwig. Carried by the following vote: Adjourned Regular Session, July 6, 1965 ORDINANCE NO. 15-65 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 HEREINAF- TER DESCRIBED FROM <'SINGLE FAMILY RESIDENCE DISTRICT" CLASSIFICATION TO LOCAL BUSI- NESS <<an CLASSIFICATION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE, IOWA: 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 Resi- dence District" Classification to <"LO- CAL BUSINESS <<a" DISTRICT" Classi- fIcatioDl the following described real estate, 0 wit: "Bird Chevrolet Center Grove Place" in Section 27, DUbuque Township, Dubuque County, Iowa. Passed, adopted and approved this 6th day of July, A. D., 1965. Robert J. Horgan Mayor Richard Ludwig Eldon A. Pfohl James J. Kean Councilmen Leo F. Frommelt City Clerk Councilman Kean moved adop- tion of the Ordinance. Seconded by Mayor Horgan. Carried by the following vote: Yeas-Mayor Horgan, Council- men Kean, Ludwig Pfohl. Nays-None. Absent-Councilman Takos. of Dubuque, SO as to change cer. tain property hereinafter de-. scribed from "Single Family Residence District" Classifica. tion to Local Business "B" Clas- sification, said Ordinance hav. ing been previously presented and read at the Council meeting of June 14, 1965. Attest: Leo F. Frommelt City Clerk Published officially in The Telegraph. Herald Newspaper this 9th day of July, 1965. Proof of Publication, certified to by the Publisher, of Notice of public hearing to consider amend- ing and changing the Zoning Map and Zoning Ordinance by chang. ing from Single Family Residence District Classification to Local Busine-ss "A" classification Lot 1 of the Sub. of Lot 2 of Rudolpbs F.rm in Sec. 27; Lot 1 of the Sub. of Lot 2 of Lot 2 of Lot 2 of Lot I of Lot I of Hawkeye Stock Farm in Sections 27 and 28 Dubuque Township, presented and read. No written objections were filed and no oral objectors were present in the Council Chamber at the time set for the public hearing. Mayor . 6, 1965 CITY COUNCIL June 30, 1965 To the Honorable Mayor and City Council OFFICIAL Gentlemen I herewith submit reports of the City Auditor, City Treasurer, City Health Department and Water Works for the month o-f May, as well as a list of claims and payrolls for which warrants were issued for the month of May, 1965. Respectfully submitted, Gilbert D. Chavenelle, City Manager Mayor Horgan moved that the reports be received and filed. Sec- onded by Councilman LUdwig. Car- tied by the following vote: Yeas-Mayor Horgan, Council- men Kean, Ludwig, pfohl. Nays-None. Absent~Councilman Takos. Proof of Publication, certified to by the Publisher, of Statement of Receipts and a list of claims for which warrants were issued during the month of May 1965, presented and read. Mayor Horgan moved that the proof of publication be received and filed. Seconded by Councilman Ludwig. Carried by the following vote: Yeas-Mayor Horgan, Council- men Kean, Ludwig, Pfohl. Nays-None. Absent-Councilman Takos. Proof of Publication, certified to by the Publisher, of notice of pub- lic hearing to consider amending and changing the Zoning Ordinance by changing from Single Family Residence District classification to Local Business District B Classifica- tion "Bird Chevrolet Center Grove Place in Sec. 27, Dubuque Town- ship ,presented and read. No writ- ten objections were filed and no oral objectors were present in the Council Chamber at the time set for the public hearing. Mayor Horgan moved that the proof of publication be received and filed. Seconded by Councilman Pfohl. Carried by the following vote: Yeas-Mayor Horgan, Council men Kean, Ludwig, Pfohl. Nays-None. Absent-Councilman Takos. ORDINANCE NO. 15-65 An Ordinance Amending and Changing Ordinance No. 344 known as the Zoning Map and Zoning Ordinance of the City Adjourned Regular Session, July July Gentlemen: This is to advise that I have ap- proved the following bonds and desire to have your approval on same. COMPREHENSIVE LIABILITY Dubuque Summer Festival, Inc., American States Insurance Com- pany Policy No. CL 637-928 SIDEWALK Carl Blosch, Merchants Mutual Bonding Company Ken Palm Construction Company, Merchants Mutual Bonding Com- pany James J. Rink, Merchants Mutual Bonding Company Saffran Construction Company, Hawkeye-S e cur i t y Insurance Company James J. Scholl, Transamerica In- surance Company John Sheean, d/b/a Sheean Build- ers, Hawkeye Security Insurance Company Tri-State Paving Company, Hawk- eye Security Insurance Company Respectfully, Gilbert D. Chavenelle, City Manager Mayor Horgan moved that the bonds and policies be filed subject to the approval of the City Solicit- or. Seconded by Councilman Pfohl. Carried by the following vote: Yeas-Mayor Horgan, Coune men Kean, Ludwig, Pfohl. Nays-None. Absent-Councilman Takos. Adjourned 6,1965. Council met ot 7:30 P.M. (D.S.T.) Present-Mayor Horgan, Council. men Kean, Ludwig, Pfohl. City Manager Gilbert D. Chavenelle. Absent-Councilman Takos. Mayor Horgan read the call and stated that service thereof had been duly made, this being an ad- journed session of the Regular Session of July 5, 1965, called for the purpose of acting upon such business as may come before a regular meeting of the City Coun- cil. 1965 Session July 6, Mayor Regular To the Honorable and City Council 212 I 215 Efficiency Units, 1.500 square feet. One-Bedroom Unit. 2.000 square feet. Two-Bedroom Un!t 2.500 ~uare feet. Three-Bedroom unit. 3,000 square feet. Each Additional Bedroom. 500 square feet. No mUltiple dwelllng shall be erected uJ?on a lot or parcel which has a WIdth less than sixty (60) feet or an area of less than 7,200 square feet. (e) Lot Coverage: The maximum lot coverage by structures in this zoning district shall not exceed thirty (30) per cent. (f) Front and Side Yard ReqUire- ments: The required front and side yard areas shall be landscaped and may not be used for the required park- ing area. #Sectlon 5. Parking Requirements; One (1) off-street parking space shall be provided for each dwelling unit. plus one (1) additional parking space for each five unlts or fraction thereof. The parking area shall be provided with an all-weather surface. having an asphaltic or cement binder. so as to provide a permanent. durable and dustless surface and shall be graded and drained subJect to approval of the City Engineer as to dispose of all surface water accumulation within the area. Surfacing may be delayed for a period of one year upon approval of the City Engineer where exceptional cIrcumstances exist. "Section 6. Planned Unit Development: A planned tinit development for ~roup housIng which does not meet the yard, lot area. heIght. parking or other reauirements of this section may be permUted by the Board of Zoning Adjustment after a pubUc hearing and recommendation from the Planning and Zoning CommIssion. Three (3) copIes of a plot plan show- ing location of structures, Ingress and egress from the development, trafftc circulation, landscaping, parking areajj utllltip..8.. and other pertinent data sha he filed by the proposed developer. One COpy shall be med with the Plan- ning and Zoning CommIssion. one COPT. with the Board of Zonin.a- AdJustmen . and one copv with the Building Com~ missioner. Upon approval of the plan'led unit development by the Board of Zoning AdJustment, the BUilding Commission will Issue construction per. mUs only In accordance with the ap. proved plan. Any deviation from the 'Dlan, filed with the BUilding Commis- sioner will result In a "stop Order" being issued by the BuDding Commf,s.. sioner." Passed. adO'Dted and approved thIs 6th day of JUly, A.D.. 1965. Robert J. Horgan Mayor RIchard Ludwig Eldon A. Pfohl James J. Kean CouncUmen Attest: Leo F. Frommelt City Clerk Published officiallv In the Tele,""aph~ Herald Newspaper this 9th day of July. 1965. Leo Councilman Ludwig moved adop. tion of the Ordinance. Seconded by Mayor Horgan. Carried by the following vote: Yeas - Mayor Hore-an, Counci' men Kean, Ludwig, pfohl. NaYs-None. Absent-CounciIman Takos. F. Frommelt City Clerk Adjourned Regular Session, July 6, 1965 ORDINANCE NO. 18-65 AN ORDINANCE AMENDING ORDI- NANCE NO. 3-34 KNOWN AS THE ZONING ORDINANCE OF THE CITY OF DUBUQUE BY REPEALING AR- TICLE IV THEREOF. AND ENACT- ING A NEW ARTICLE IV IN LIEU THEREOF DEFINING MULTIPLE RESIDENCE DISTRICT. PERMITTED USES THEREIN, HEIGHT AND AREA REGULATIONS AND PARKING RE- QUIREMENTS PERTAINING THERE- TO. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE. IOWA: Section 1. That Ordinance No. 3.-34, known as the Zoning Ordinance of City of DUbuque. Iowa. be and the same is hereby amended by repealing Article IV thereof and enacting a new Article IV in lieu thereof as follows: UARTICLE IV. MULTIPLE RESIDENCE DISTRICT" "Sectlon 1. Statement of Purpose: The Multiple Residence District is designed to permit a more intensive residential use of land with various tyPes of multiple dwellings. These dis- tricts would be generally located ad- Jacent to major streets for good ac- cessibility and should be separated from single famUy use districts. VarI. ous types and sizes of residential units, for ownership or rental, can be pro- vided at planned locations to meet the needs of the different age and family groups In the community. "Section 2. Permitted Uses: (a) All permitted uses In the two fam- ily residence district. (b) Multiple dwellings, which shaH in- clude row houses, terrace dwellings, town houses. aparlinents and efficlency units. (c) Hospitals. except animal hospitals, hospital or sanitarium for the exclusive use of the care of contagious. mental, drug or liquor addict cases. (d) Convalescent and nursing homes. (e) Tourist homes. lodging houses, boardinl! houses. (f) Children's homes and orphana~es. (g) Funeral home or mortuary after nuhUc hearing and anproval of the Board of Zoning Adjustment. (h) Accessory uses or structures cus- tomarily incident to any of the per. mitted uses. "Section 3. Height Regulations: No building shall be erected or al. tered to exceed nfty (50) feet or four (4) stories In height unless It sets b:\l"k from each street and lot line, In addi- tion to the vard reQuirements. two (2) feet or each one (1) foot of excess height. Unoccupied towers, spires. domes or aerials are excepted. "Sectlon 4. Area Regulations: No buUding shall be erected or al- tered except in conformance with the foIlowing nrovisions: . (a) Front Yards. A front yard havlnl! 'l mean denth of not less than (15) feet is required on every lot. (b) Side Yards. On everv lot, side yards are recmired. each with a mini- mum width of not less than eiJtht (8) feet and such side yard shall be in. creased In width bv two (2) feet for f"ach additional stnry above the first_ On a corner lot. the house side yard shall be not less than ten (l0) feet. (c) Rear Yard. A rear YOllrd havln~ a mean de'Dth of nnt less than ten (] m (eet is reauired. The relll' yard depth !lh~ll be Increased a de'Dth of two (2) feet for each additional story above thf> first. (d) Lot Area. Where multlnle dwell- fn,S:!s of any kind are constructed In this tUstrict. the required lot area per dwelUng unit shall be computed as follows: 'his Attest: Leo F. Frommelt City Clerk Published officlally In The Tele. graph-Herald Newspaper this 9th day of July 1965. Leo F. Frommelt City Clerk Mayor Horgan moved adoption of the Ordinance. Seconded by Councilman Kean. Carried by the following vote Proof of Publication, certified to by the Publisher, of notice of public hearing to consider an ord~ inance amending Zoning Ordinance No. 3-34 known as the Zoning Ordinance of the City of Dubuque by Repealing Article IV thereof and enacting a New Article IV in lieu thereof defining multiple resi- dence district, permitted uses therein, height and area regula- tions and parking requirements pertaining thereto, presented and read. Mayor Horgan moved that the proof of publication be received and filed. Seconded by Councilman Kean. Carried by tbe following vote: Yeas-Mayor Horgan, Council man Kean, Ludwig, Pfohl. Nays-None. Absent-Councilman ORDINANCE NO. 18-65 An Ordin.nce Amending Ordi- nance No. 3..34 known as the Zoning Ordinance of the City of Dubuque by Repealing Article IV thereof and enacting a new Article IV In lieu thereof d. fining Multiple Residence Dis- trict, permitted uses therein, height and area regulations and parking requirements pertain- ing thereto, said Ordinance hav- ing been previously presented and read .t the Council meet- ing of June 14, 1965, presented for Final Adoption. No written objections were filed and no oral obejctors were present in the Council Chamber at the time of the public hearing. Yeas-Mayor Horgan, Council. men Kean, Ludwig, Pfohl. Nays-None. Absent-Councilman Takos. Takos. 1965 Passed. adopted and approved 6th day of July. A. D. 1965. Robert J. Horgan Mayor Richard Ludwif Eldon A. Pfoh Jame.& J. Kean Councilmen Adjourned Regular Session, July 6, Yeas-Mayor Horgan, Council- men Kean, Ludwig, Pfohl. Nays-None. Absent-Councilman Takos. Proof of Publication, certified to by the Publisher, of Notice of pub- lic hearing to consider amending and changing the Zoning Map and Zoning Ordinance by changing from Single Family Residence Dis~ trict classification to "Multiple Family Residence District Classifi. cation" Lot 1 and Lot 2 of Wood. lawn Park Addition in the City of Dubuque, presented and read. No written objections were filed and no oral objectors were present in the Council Chamber at the time set for the public hearing. Mayor Horgan moved that the proof of publication be received and filed. Seconded by Council- man Ludwig. Carried by the follow- ing vote: Yeas-Mayor Horgan, Council men Kean, Ludwig, Pfohl. Nays-None. Absent-Councilman Takos. 214 ORDINANCE NO. 17-65 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 cer- tain property hereinafter de- scribed from "Single Family Residence District" classification to "Multiple Family Residence District" Classification," said ordinance having been previous- ly presented and read at the Council meet~ng of June 14" 1965. presented for Final ORDINANCE NO. 17-65 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 HEREINAFTER DESCRffiED FROM "SINGLE FAM- ILY RESIDENCE DISTRICT" CLAS. SIFICATION TO "MULTIPLE FAM- IL Y RESIDENCE DISTRICT" CLAS- SIFICATION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DU. BUQUE. IOWA: 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 br. Changing from "Single Family Res ~ dence District" Classification to "MUL- TIPLE FAMILY RESIDENCE DIS- TRICT" Classificationl the following described real estate. 0 wit: Lot 1 and Lot 2 of Woodlawn Park Addition. in the City of Du- buque. Iowa. adoption. Adjourned Regular Session, July 6, 19lJ5 217 ~' I Yeas--Mayor Horgan, Council. ~ men Kean, Ludwig, Pfohl. r Nays-None. I Absent-CounciIman Takos. Petition of Alfred M. Mueller reo questing a refund of $50. on the llDexpired portion of Class ''Bu beer permit No. 125, as he has dis. continued business on May 8, 1965, presented and read. Councilman Lndwig moved that the refund be granted and the Anditor instructed to issue proper warrant. Seconded by Mayor Horgan. Carried by the fOllOwing vote: Yeas-Mayor Horgan, Council. men Kean, Ludwig, Pfohl. NaY~None. Absent-<::ouncilman Takos. Petition of Earl C. Miller re- questing renewal of his Class "Bn beer license which is being tempor. arily held np, presented and read. Mayor Horgan moved that the petition be referred to the City Manager. Seconded by Councilman Lndwig. Carried by the follOwing vote: Yeas-Mayor Horgan, Co~il- men Kean, Ludwig, Pralll. Nays-None. Absent-Councilman Takos. Councilman Lndwig moved that the rules be suspended in order to let anyone present address the Council it they so desire. Seconded by Mayor Horgan. Carried by the following vote: Yea~Mayor Horgan, Council. men Kean, LUdwig, Pfohl. Nays-None. Absent-Councilman Takas. Attorney David Kinlzinger spoke in behalf of Mr. Earl C. Miller relative to renewal of his- beer license and requested that action be taken prior to the expiration date. Petition of Gerald Schueller et al objecting to the operation of the trailer court at 32nd and White .treets, presented and read. Mr. iU1hur Balk of 3185 Jackson St. lddressed the Council objeetlng to ;be sewer condition at the court. Mayor Horgan moved that the ,etitian be referred to the City Ilanager for investigation and re- )ort. Seconded by Councilman Lud- wig. Carried by the fOllOWing vote: YeaS-Mayor Horgan, Council- nen Kean, Ludwig, Pfobl. NaY~None. Absent-<::ouncilman Takas. COUncilman Pfobl moved that th. recommendation of the City At lm'ney he approved. Seconded bl Councilman Ludwig. Carried bl' the following vote: Yeas--Mayor Horgan, Council men Kean, Ludwig, Pfohl. Nay$-None. Absent-CoUDcilman Takos. Petition of Erdman Enterprises Ine. requesting vacation and COD- veyance of two platted 20 foot al- len lying in the block bounded by Dodge Street on the north, South Hill street on the east, Curtis street on the south and York street on the westJ presented and read. Councilman Xean moved that the petition be referred to the Planning & Zoning Commission. Seconded by Councilman Pfohl. Carried by the fOllOwing vote: Yeas-Mayor Horgan, Council. men Kean, LUdWig, Pfohl. NaY~None. Absent-<::ouncilman Takos. Petition of Stanley Hahn of Plo- ver, Wisconsin, requesting permis- sion to sell potatoes here in the City from house to house as in former yearsJ presented and read. Mayor Horgan moved that the petition be granted. Seconded by Councilman Pfohl, Carried by the following vote: Yeas-Mayor Horgan, Council~ men Kean, Ludwig, Pfohl. Nays-...None. Absent-Councilman Takos. Petition of David Hazlett Adams, Cadet Commander of Local Civil Air Patrol Unit, requesting an hon- orary citizenship to be presented to the President of San Jose, Costa Rica, presented and read. Council- man Pfobl moved that the petition be referred to the Mayor. Second. ed by Councilman Ludwig. Carried by the following vote: Yeas-Mayor Horgan, Council- men Kean, Lndwig, Pfohl. Nays-None. Absent-Councilman Takas. Petition of Mrs. Harvey Avery et al requesting the installation of a olreet light in the 700 block on Lowell olreet, presented and read. COUncilman Ludwig moved that the petition be referred to tbe City Manager and Electrical In. spector for investigation and re- port. Seconded by Councilman Pfohl. Carried by tbe following vote: July 6, 1985 CE NO. 20-65 notice of claim he referred to the An Drdl.. ,Amending the City Solicitor for investigation and budget as >roved by Re$Olu- report. Seconded by Councilman tion No. I i4. Ordinance No. Ludwig. Carried by the following 1-65, Ordh :e No. 3-65, and vote: Ordinance 11-65, Ye.a&-Ma,or Horgan, Council- presented aJ ""d. men Kean, Lndwig, Pfobl. Couneilm. Kean moved that Nays-None. the reading 1St bad he con.sid- Absent-Councilman Takos. ered the fn reading of the Or- July 1, 1965 dinance. Sel ded by Councilman Honorable Mayor Pfohl. Carr by the following and City Council vote: Gentlemen: Yeas _ ~ or Horgan Council- Robert S. Thomas, 3297 Mary- men Kean,: !wig, PfoW. wood Drive, filed claim against the Nay~No city for damages suffered to bis Absent.-( ncilman Takos. vehicle on May 24, 1965 as the Councilm, Kean moved that ~esnlt of str!king an aUt:ged defect the rule bt uspended requiring ill roadway ill Eagl~ pomt P~k. an Ordinan< to be read on three ~ bave made ~ 1Dvestiga~on of separate da: Seconded by COUn- this .matter and find no actiona~le cilman Pfol Carried by the fol- negligence on the part of the oty lowing vote or the Park ~d, and ~eref?", Yeas _ 1 ror Horgan, Council- reco~end d~m~1 of Sllld claun. men Kean, ,dwig, pfobl. .0rJglDal claim JS returned here- Nays-No with. Absent-< lDci1nlan Talros, RespecUully submitted, Council K d th t R. N. RUSSO, . ~ ean move a a City Solicitor pub!i" hea. g be held on the Councilman Ludwig moved that o.rdin"!"", August 2, 1?65 at the recommendation of the City 7 .30 ~ clock P.M. (D.S.T.). 1ft tbe Solicitor be approved. Seconded by Council Cham~er at the C!ty Hall Councilman Pfobl. Carried by tbe and that ~e City .Clerk he IUs~ct- following vote: ~d to publisb notice ~ tbe heanng Yea~Mayor Horgan, Council. m the manner reqUIred by law. men Kean Ludwig pfohl Seco~d by Counw.man Pfohl. Nays-None. ' . Carned by the followmg vote:. Absent-Couneilman Takos. Yell$---4ayor Horgan, Council- JDly 1 1965 men Kean, Ludwig, Pfohl. Honorable Mayor ' Nays-None. and City Council Absent-Councilman Takas. Gentlemea.: Notiee of claim of Gus J. Schnee, On June 10, 1965, Percy L. John- in the approximate amoUllt of $30.- son, East Dubuque, nlinMs, filed .00, for damage to a car tire as the claim for rlanu!lgp.J;;. to his vehicle result of striking a sharp object aa the result of striking an alleged a .g the curb at 2050 White street defect in the street on Southern o June 27, 19l15, presented and Avenue on the 26th day of May, r I. Councilman Kean moved that 1965. ti notice of claim be referred to 1 have made an investigation of City Solicitor for investigation this matter and find that Southern report. Seconded by Council. Avenue was under construction by 1 Ludwig. Carried by the follow- reason of installation of new storm vote: sewer by Hennessey Bros. Contract- '__Mayor Horgan, Council- ors, and I find no actionable neg1i- 1 Kean, Ludwig. Pfohl. gence on the part of the city. and if 'ays-.None. any claim may he asaerled it should .bsent.-Councilman Mos. be directed to the contr.acting firm 'otiee of elaim <If John Richard- <iGing the work, .aud I therel<>re of 1045 Rockdale Road, in the recommend denial of said claim.. )unt of $10.35 for expense in- Original claim ia returned here- red as the result of a sanitary with. ~ge at hig home on 5, presented and read. Kean moved that the Adjourned Regular Session, 2Ul II Ilespec1fuj!y submiu..d, R. N. RUSSO, City Attorney ~:f.iti;;;;.~ i I' 219 cations by Saffran Construction Company of Dubuque, Iowa. I recommend the acceptance of the improvement. Respectfully submitted, Gilbert D. Chavenelle, City Manager Mayor Horgan moved that the recommendation of the City Man- ager be approved. Seconded by Councilman Ludwig. Carried by the following vote: Yeas-Mayor Horgan, Council. men Kean, Ludwig, pfohl. Nays-None. Absent-Councilman Takas. FINAL ESTIMATE RESOLUTION NO. 151-65 WHEREAS, the contract for the Construction of a twenty-one inch (21") sanitary sewer in West 32nd Street from the existing sanitary sewer at the intersection of West 32nd Street and Grandview Avenue westerly to the intersection of West 32nd Street and Carter Road, thence southerly along Carter Road wit han eighteen inch (18") san- itary sewer to the Westerly Proper- ty Line of Block 3 of Nauman Addition has been completed and the City Engineer has submitted his final estimate showing the cost thereof, now therefore. BE IT RESOLVED, hy the City Council of the City of Dubuque. That the cost of said improve- ment is hereby determined to be $70,246.10. That none of the cost thereof shall be assessable upon private property and $70,246.10 shall be paid from the Sanitation-Sewage Rental Fund of the City of Dubu- que. Passed, adopted and approved this 6th day of July, 1965. Robert J. Horgan Mayor Richard Ludwig Eldon A. Pfohl James J. Kean Councilmen Attest: Leo F. Frommelt, City Clerk Mayor Horgan moved adoption of the resolution. Seconded by Coun- cilman Pfohl. Carried by the fol. lOWing vote: Yeas-Mayor Horgan, men Kean, Ludwig, Pfohl. Nays-None. Absent-Councilman Counci Takos. Adjourned Regular Session, July 6, 1965 ance of the foregoing conditions by providing security in such form and with such sureties as may be acceptable to the City Manager. Section 3. That in the event Richard C. Henschel & Mildred L. Henschel, shall fail to execute the acceptance and furnish the secur- ity provided for in Section 2 here- of within 45 days after the date of this Resolution, the provisions hereof shall be null and void and the acceptance of the dedication and approval of the plat shall not be effective. Passed. adopted and approved by unanimous recorded roll call this 6th day of July, A.D., 1965. Rohert J. Horgan Mayor Richard Ludwig Eldon A. Pfohl James J. Kean Councilmen Attest: Leo F. City TO: LEO F. FROMMELT, City Clerk This is to certify that the secur- ity required by the foregoing Reso- lution No. 150-65 has been pro- vided by the owners. Dated JUly 20, 1965. Gilbert D. Chavenelle City Manager ACCEPTANCE OF RESOLUTION NO. 150-65 Richard C. Henschel and Mildred L. Henschel having read the terms and conditions of the foregoing resolution No. 150-65, and being familiar with the contents thereof hereby accept the same and agree to perform the conditions therein required. Richard C. Henschel Mildred L. Henschel Dated July 6, 1965. 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. Nays-None. Absent-Councilman Takas. June 28, 1965 To the Honorable Mayor and City Council Gentlemen: The West 32nd-Carter Road San- itary Sewer has been completed in accordance with plans and specifi- Frommelt, Clerk ~ i July 6, 1965 same appear upon said plat, be and the same are hereby accepted; Section 2. That the plat of "Pio- neer Hills" in the City of Du- buque, Iowa, be and the same is hereby approved and the Mayor and City Clerk are hereby author- ized and directed to endorse the approval of the City of Dubuque, Iowa. upon said plat. provided the owners of said property herein named, execute their written ac- ceptance hereto attached agree- ing: a. To reduce all streets to grade and to construct concrete curb and gutter and to hard sur- face Hickock Road with hi- tuminous concrete. or with 6%" concrete paving with in- tegral curb, all in accordance with City of Dubuque stand- ard specifications; b. To install sanitary sewer mains and sewer service lat- erals in accordance with plans submitted with the plat; c. To install water mains and water service laterals in ac- cordance with plans submit- ted with the plat; d. To install concrete sidewalks as required by City Ordi. nances, and where directed hy the City Engineer and the City Manager; e. To construct the foregoing im- provements in accordance with plans and specifications approved by the City Manag- er, under the inspection of the City Engineer, and in a man- ner approved by the City Man- ager; f. To maintain the street im- provements for a period of four (4) years from the date of their acceptance by the City of Dubuque, Iowa; g. To provide the foregoing con. struction and maintenance at the sole expense of the Sub- divider, Richard C. Henschel & Mildred L. Henschel, as owner; h. To construct said improve. ments, except sidewalks, prior to July, 1967, and to construct the sidewalks prior to July, 1969' and further provided that said Richard C. Henschel & Mildred L. Henschel, as owner of said Subdivision, secure the perform- Adjourned Regul~ Session, 1965 218 July To The Honorable Mayor and City Council Gentlemen: At a regular meeting of the Du- buque Planning and Zoning Com. mission held on June 24, 1965, the following action was taken: That the final plat of Block 1 and Block 2 of "Pioneer Hills" in the City of Dubuque be approved and forwarded to the City Council for their consideration. Respectfully submitted, FRANK J. GLAB, Secretary Mayor Horgan moved that the communication be received and filed. Seconded by Councilman pfohl. Carried by the following vote: Yeas-Mayor Horgan, Council- men Kean, Ludwig, pfohl. Nays-None. Absent-Councilman Takos. RESOLUTION NO. 15C1-65 Resolution Approving the Plat of Block 1 and Block 2 of #Pio- neer Hills" In the City of Du- buque, Iowa. WHEREAS, there has been filed with the City Clerk a plat of the Subdivision to be known as "Pio- neer Hills" in the City of Du- huque, Iowa, hy Richard C. Hen- schel & Mildred L. Henschel; and WHEREAS, upon said plat ap- pear streets to be known as Hick- ock Road and Lot 6, Cody Field, dedicated for neighborhood recrea- tional use. together with certain pUblic utility easements which the Owners by said plat have dedi- cated to the public forever; and WHEREAS, said plat has been examined by the City Planning and Zoning Commission and had its approval endorsed thereon; and WHEREAS, said plat has been examined hy the City Council and they find that the same conforms to statutes and ordinances relat- ing thereto, except that street grades have not heen established, the streets brought to grade, or paving, sewer or water installed; Now Therefore, Be It Resolved by the City Council of the City of Dubuque, Iowa: Section I. That the dedications of Hickock Road and Lot 6, Cody Field for neighborhood recrea- tional use, together with the ease- ments for puhlic utilities as the 6, Ii 221 this Attest: Leo F. Frommelt City Clerk PublIshed officially in the Telegraph Herald newspaper this 12th day of July, 1965. Leo F. Frommelt City Clerk Councilman Rean moved adop- tion of the Ordinance. Seconded by Councilman Ludwig. Carried by the following vote: Yeas - Mayor Horgan, Council- men Kean, Ludwig, pfohl. Nays-None. Absent-Councilman Takas. RESOLUTION NO. 154-65 WHEREAS, Lot B, Glendale Ad- dition No. 3 in the City of Du- buque, Iowa, has heretofore been vacated as a puhlic alley by the City of Dubuque, Iowa, upon the petition of Klauer Manufacturing Company; and WHEREAS, Klauer Manufactur- ing Company has offered to pur- chase said real estate for the sum of $1,250.00 plus costs of publica- tion; and WHEREAS, said sale of real estate to Klauer Manufacturing Company would be in the best pub- lic interest. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF CITY OF DUBUQUE, IOWA: Section 1. That the offer of Klauer Manufacturing Company to purchase certain real estate here- inafter described for the sum of $1,250.00 plus costs of publication be and the same is hereby accepted and said real estate is described as follows: Lot B, Glendale Addition No. 3 in the City of Dubuque, Iowa. Section 2. That the City Clerk be and he is hereby directed to publish notice of intent to dispose of interest in real estate as is by law provided. Passed, adopted and approved this 6th day of July, A.D., 1965. Robert J. Horgan Mayor Richard Ludwig Eldon A. Pfohl James J. Kean Councilmen Frommelt, Clerk Adjourned Regular Session, July 6, 1965 Passed. adopted and approved 6th day of July 1965. Robert J. Horgan Mayor Richard LudwIg Eldon A. Pfohl James J. Kean Councilmen Attest: Leo F. City Councilman Kean moved adop- tion of the resolution. Seconded by Mayor Horgan. Carried by the fol- lowing vote: Yeas-Mayor Horgan, Council men Kean, Ludwig, Pfohl. Nays-None. Absent-Councilman Takos. ORDINANCE NO. 21-65 An Ordinance vacating Elm Street from the North property line of Twenty-Seventh Street to the South property line of Twenty-Eighth Street, now known .s Twenty-Sixth Street to Twen- ty-Seventh Street, 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. Nays-None. Absent-Councilman Takos. Councilman Kean moved that the rule be waived requiring an Ord- inance to be read on three sep- arate days. Seconded by Council- man Ludwig. Carried by the follow- ing vote: Yeas-Mayor Horgan, Council men Kean, Ludwig, Pfohl. Nays-None. Absent-Councilman Takos. ORDINANCE NO. 21-65 AN ORDINANCE VACATING ELM STREET FROM THE NORTH PRO- PERTY LINE OF TWENTY-SEVENTH STREET TO THE SOUTH PROPERTY LINE OF TWENTY-EIGHTH STREET, NOW KNOWN AS TWENTY-SIXTH STREET TO TWENTY.SEVENTH STREET. WHEREAS. Klauer ManUfacturing Company has petitioned the City of Dubuque to vacate Elm Street from the north property llne of 27th Street to the south property line of 28th Street, now known as 26th Street to 27th Street, and WHEREAS, the Planning and Zoning CommissIon of the City of DUbuque has recommended the vacation of said Elm Street thereat; and WHEREAS said vacated Elm Street has been platted and shall hereafter be known and designated as Lot B. Glendale Addition No. 3 in the City of Dubuque, Iowa. NOW THEREFORE be it ordained by the City Council of the City of Du- buque~ Iowa: Section 1. That the Plat of Lot B Glendale Addition No.3 in the City of DUbuque. Iowa. bearing date of May 7, 1965, prepared by Bartels. McMahan & LeMay Engineering Co. be and the same is hereby approved and the Ma. yor and City Clerk be and they are hereby authorIzed and directed to exe- cute said Plat for and on behalf of the City of Dubuque, Iowa. Section 2. That Lot B. Glendale Ad- dition No, 3 in the City of Dubuque. Iowa, be and the same is hereby va- cated as it serves no public purpose. i , .l 1 .~~ wI I ~ " , Adjourned Regular Session, July 6, 1965 adjoining the of Iowa to-wit: Lot 2 of the Subdivision of the SW '!4 of the SW'I4 of the SE'I4: and the S 'h of the SE '!4 of the SW '14 of the SW '14 in Section 10, T. 89 N., R. 2 E. of 5 P.M. in Dubuque Town- ship, Dubuque County, Iowa consisting of 16.76 acres. WHEREAS, said owners of the hereinabove described territory have made written application to the City Council of Dubuque, Iowa to annex the hereinabove describ- ed territory: and WHEREAS, said territory is be- ing built up and the inhabitants thereof will be enabled to secure the benefits of City Government by way of police and fire protection, and in addition to other benefits, if said territory is incorporated with. in the City limits of the City of Dubuque, Iowa: and WHEREAS, Section 362.30 of the 1962 Code of Iowa, authorizes the extension of City Limits in situa- tions of this character by the adoption of Resolution therefor: and Attest: Leo F. Frommelt, City Clerk Dubuque, NOW, THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF DUBUQUE, IOWA: Section 1. That the territorial limits of the City of Dubuque, Iowa, are hereby extended by annexing to the City of Dubuque, the follow- ing described territory: Lot 2 of the Subdivision of the SW '14 of the SW '14 of the SE '14: and the S'h of the SE '!4 of the SW '14 in Section 10, T. 89 N., R. 2 E. of 5 P.M. in Dubuque Township, Dubuque County, Iowa consisting of 16.76 acres. Section 2. That the City Clerk be and he is hereby directed to file in the office of the Dubuque County Recorder a certified copy of this Resolution. and file a copy of the same with the City Assessor. Passed, adopted and approved this 6th day of July, A.D., 1965 by unanimous roll call vote. Robert J. Horgan Mayor Richard Ludwig Eldon A. Pfohl James J. Kean City (A Resolution Accepting Improve- ment.) RESOLUTION NO. 152-65 WHEREAS, the contract for the Construction of a twenty-one inch (21") sanitary sewer in West 32nd Street from the existing sanitary sewer at the intersection of West 32nd Street and Grandview Avenue westerly to the intersection of West 32nd Street and Carter Road, thence southerly along Carter Road with an eighteen inch (18") san~ itary sewer to the Westerly Prop- trey Line of Block 3 of Nauman Addition has been completed and the City Manager has examined the work and filed his certificate stating that the same has been completed according to the terms of the contract, plans and specifica- tions and recommends its accept- ance, now therefore, BE IT RESOLVED, by the City Council of the City of Dubuque, that the recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted. BE IT FURTHER RESOLVED, that the City Treasurer be and he is hereby directed to pay to the /Contractor from the Sanitation. Sewage Rental Fund upon the above described improvement in amount equal to the amount of his contract, less any retained per- centage provided for therein. Passed, adopted and approved this 6th day of July, 1965. Robert J. Ilorgan Mayor Richard Ludwig Eldon A. Pfohl James J. Kean Councilmen Attest: Leo F. Frommelt, City Clerk Councilman Kean moved adop- tion of the resolution. Seconded by Mayor Ilorgan. Carried by the following vote: Yeas-Mayor Horgan, Council- men Kean, Ludwig, Pfohl. Nays-None. Absent-Councilman Takos. RESOLUTION NO. 153-65 A Resolution annexing certain territory to the City of Dubuque, Iowa WHEREAS, Cletus A. Finzel and Dorothy Finzel are the owners of the following described territory 220 223 255 South Creslanes Bowling, Main Street lone Miller. 1322 Central Avenue Maryel Mildred Birkett, 1064 Uni. versity Avenue CLASS "A" CLUB Dubuque Metal Trades Council Club, 111 West 6th Street Navy Club, Ship No. 67, 469 Main Street Passed, adopted and approved this 6th day of July, 1965. Robert J. Horgan Mayor Richard Ludwig Eldon A. pfohl James J. Kean Councilmen Attest: Leo F. Frommelt, City Clerk Councilman Ludwig moved ado~ tion of the resolution. Seconded by Mayor Horgan. Carried by the fol- lowing vote: Yeas - Mayor Horgan, Council. men Kean, LUdwig, Pfohl. Nays-None. Absent-Councilman Takos. RESOLUTION NO. 158-65 WHEREAS, applications for Liquor Permits were filed by the within named applicants and they have received the approval of this Council, and Whereas, the premises to be oc- cupied by such appliants were in- spected and found to comply with the State Law and all City ordin- ances relevant thereto and they have filed proper bonds; NOW THEREFORE BE IT RE- SOLVED by the City Council of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named applicants a Liquor Permit. NAME ADDRESS CLASS "C" COMMERCIAL ESTABLISHMENT Ellwood J. Gatton, 1598 Elm Street Fay E. Miller, 1298 Main Street Russell E. Myers, 1618 Central Av- RESOLUTION NO. 156-65 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 Cigar~ ettes within the City of Dubuque, Iowa, be granted a permit to sell Cigarettes and Cigarette Papers within said City. NAME ADDRESS Jack R. Miller, 1075 Dodge Street Herbert F. Bisping, 1401 Elm Street Andrew Paulos, 926 Main Street William J. White, 1993 Asbury Street Loraine Diener, 35 Locust Street Michael Schnee, New City Harbor Robert Hantelmann, 902 Main Street Guy Kenniker, 119 West 6th Street BE IT FURTHER RESOLVED that the bonds filed with the appli- cation be approved. Passed, adopted and approved this 6th day of July, 1965. Robert J. Horgan Mayor Richard Ludwig Eldon A. Pfohl James J. Kean Councilmen Attest: Leo F. Frommelt, City Clerk Mayor Horgan moved adoption of the resolution. Seconded by Councilman Kean. Carried by the following vote: Yeas - Mayor Horgan, Council men Kean, Ludwig, Pfohl. Nays-None. Absent-Councilman Takos. RESOLUTION NO. 157-65 WHEREAS, applications for Liquor Permits have been sub- mitted to this Council for approval and the same have been examined, NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the following applications be granted and licenses issued upon the compliance with the terms of the IOWA LIQUOR CONTROL ACT -CHAPTER 123-as amended by the 60th General Assembly, 1963. NAME ADDRESS CLASS "C" COMMERCIAL ESTABLISHMENT Ellwood J. Gatton, 1598 Elm Street Fay E. Miller, 1298 Main Street Russell E. Myers, 1618 Central Avenue Adjourned Regular Session, July 6, 1965 and the purchase price less dam- ages incurred by the City shall be refunded to the purchaser. 2. Construction of the build. ing and use of said premises by Giese Sheet Metal Company, Inc. shall be in accordance with pro- visions of City of Dubuque Ord- inance No. 3-34, known as the ZONING ORDINANCE OF THE CITY OF DUBUQUE, IOWA, as amended by Ordinance No. 33.59, establishing and defining "Re_ stricted Industrial District"; 3. Subject to perpetual right and perpetual easement in City of Dubuque, Iowa, in, over and across said premises for purpose of repair, maintenance and in- spection of existing City water main and sewer lines, and sub- ject to easements of record. 4. Subject to the perpetual right and to perpetual easement in the City of Dubuque, Iowa, in, over and across said premises for the purpose of repair, maintenance and inspection of Fengler Street overpass. Adjourned Regular Session, July 6, 1965 Inc. Council Takos. RESOLUTION NO. 155-65 WHEREAS, the Mayor's Indus- trial Committee has recommended to the City Council the sale of Giese Sheet Metal Company, Inc. of a certain tract of real estate hereinafter to be known and de- scribed as follows: Lot 1 of Block 19, River Front Subdivision No. 3 in the City of Dubuque, Iowa, containing 1.25 acres subject to easements for storm and sanitary sewers and water, and subject to ease- ment for electric transmission line; and WHEREAS, the said Giese Sheet Metal Company, Inc. has offered to pay the sum of $3,500.00 per acre; and Section 2. That the plat of the Subdivision of Block 19 of River Front Subdivision No.3 dated July 6, 1965, prepared by Cullen-Schiltz & Associates, Inc. be and the same is hereby approved and the Mayor and City Clerk are hereby author- ized and directed to execute same for and on behalf of the City of Dubuque. Section 3. That the City Clerk be and he is hereby authorized and directed to publish notice of in- tention to dispose of interest in real estate. Passed, adopted and approved this 6th day of July, A.D., 1965. Robert J. Horgan Mayor Richard Ludwig Eldon A. pfohl James J. Kean Councilmen I enue Creslanes Bowling, Inc. Main Street lone Miller, 1322 Central Avenue Maryel Mildred Birkett, 1064 Uui- versity Avenue CLASS "An CLUB Dubuque Metal Trades Council Club, III West 6th Street Navy Club, Ship No. 67, 469 Main Street 255 South Attest: Leo F. Frommelt, City Clerk Councilman Kean moved adop- tion of the resolution. Seconded by Councilman pfohl. Carried by the following vote: Yeas - Mayor Horgan, Council men Kean, LUdwig, pfohl. Nays-None. Absent-Councilman Takos. 222 Mayor Horgan moved adoption of the restlution. Seconded by Councilmau Pfohl. Carried by the following vote: Yeas - Mayor Horgan, men Kean, Ludwig, Pfohl. Nays~None. Absent-Councilman WHEREAS, the sale of said real estate to Giese Sheet Metal Com- pany, Inc. should be approved sub- ject to the terms and conditions hereinafter set forth. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the sale to Giese Sheet Metal Company, Inc. by City of Dubuque, Iowa, for the sum of $3,500.00 per acre of the follow- ing described real estate: Lot 1 of Block 19, River Front Subdivi- sion No. 3 in the City of Dubuque, Iowa, containing 1.25 acres sub- ject to easements for storm and sanitary sewers and water, and subject to easement for electric transmission line, be and the same is hereby approved, subject how- ever, to the following terms and conditions: 1. That Giese Sheet Metal Com- pany, Inc. shall construct and erect a new manufacturing en- terprise on said premises and construction of said facility shall be started within six (6) months of delivery of deed, and in the event that the purchaser fails to comply with this provision title to the real estate hereinabove de. scribed shall revert to the City 225 date of public hearing thereon is hereby fixed as the 9th day of August 1965 at 7:30 o'clock P.M. Daylight Saving Time in the Coun- cil Chamber at the City Hall. BE IT FURTHER RESOLVED that said Clerk be and he is hereby directed to cause said bUdget esti. mate of expenditures to be pub. lished in the official newspaper of the City of DUbuque and the offic. ial notice to be given of the time and place, when and where said Budget Estimate will be considered by said Council for final adoption, at which time and place, taxpayers will be heard for or against said estimate, said publication to be not less than ten (10) days before said date of hearing. Passed, adopted and approved this 23rd day of July, 1965. Robert J. Horgan Mayor Richard Ludwig Peter J. Takos Eldon A. Pfohl James J. Kean Councilmen Mayor Horgan moved adoption of the resolution. Seconded by Councilman Takos. Carried by the following vote: Yeas - Mayor Horgan, Council. men Kean, Ludwig, pfohl, Takas. Nays-None. Attest: Leo F. Frommelt, City Clerk 1965 23, July Special Session, CITY COUNCIL (OFFICIAL Special SeSSion, July 23, 1965. Council met at 12:00 Noon (D.S. T.) Present--Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takas. City Manager Gilbert D. Chav. enelle. Mayor Horgan read the call and stated that service thereof had been duly made and this meeting is called for the purpose of setting a date of public hearing on the UBudget Eestimate" of expendi. tures for the fiscal year beginning January I, 1966 and ending Decem- ber 31, 1966, and acting on any other business which may proper- ly come before a 1legular Meeting of the City Council. July 22, 1965 Mayor Gentlemen: I hereby submit the budget recommendation for the year 1966. 1lespectfully submitted, Gilbert D. Chavenelle, City Manager Mayor Horgan moved that the bUdget recommendation be re~ ceived and filed. Seconded by Councilman pfohl. Carried by the following vote: Yeas - Mayor Horgan, Council- men Kean, Ludwig, PIohl, Takos. Nays--None. To the Honorable and City Council 1965 Adjourned Regular Session, July 6, Passed, adopted and approved this 6th day of July, 1965. Robert J. Horgan Mayor Richard Ludwig Eldon A. pfohl James J. Kean Councilmen 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, Council~ men Kean, Ludwig, Pfohl. Nays--None. Absent-Councilman Takos Mayor Horgan moved that the following persons be re-appointed to the Library Board for six year terms, ending 7-1-1971;-Robert G. Holscher, Mrs. Mabel Hoffmann, George C. Kaufman. Seconded by Councilman pfohl. Carried by tbe following vote: Yeas - Mayor Horgan, Council- men Kean, Ludwig, Pfohl. Nays--None. Absent-Councilman Takos. There being no further business Mayor Hogan moved to adjourn. Seconded by Councilman Pfohl. Carried by the following vote: Yeas - Mayor Horgan, Council- men Kean, Ludwig, Pfohl. Nays--None. Absent-Councilman Takas. Leo F. Frommelt, City Clerk 224 . 1965 July To the Honorable Mayor and City Council Gentlemen: With much sorrow it is my duty to inform you that on July 18th, 1965, :Mr. Kenneth Rose passed away at Finley Hospital. Mr. Rose was appointed by the City Council on January 18th to serve as the representative of the public to the Board of Electrical Examiners. His appointment was for a two year term. Mr. Rose was chairman of the Board and did much to organize and guide its work. It is requested that the Coun. cil recognize this civic service of Mr. Rose and to appoint his suc- cessor. 1lespectfully, Gilbert D. Chavenelle, City Manager 22, RESOLUTION NO. 159-65 WHEREAS, the City Manager has submitted a BUDGET ESTIMATE as provided in Chapter 24 of the 1962 Code of Iowa and the City Council had been duly considered and caused to be prepared the bud~ get estimate of expenditures for the fiscal year beginning January 1, 1966 and ending December 31, 1966, as a basis for the tax levy for the year 1965 the same to be collected in the year 1966 and said bUdget having been duly approved by it. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNClL OF THE CITY OF DUBUQUE: That said Budget Estimate be and the same is hereby ordered filed in the office of the City Clerk of the City of Dubuque and the I 1 , , .............1965. ..............1965. ..................... City Clerk Approved Councilmen Attest: Adopted . 227 Councilman Kean moved final adoption of the Ordinance. Second- ed 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 on Clarke Drive between St. Am- brose and N. Grandview Ave., pre- sented and read. Mayor Horgan moved that the petition be granted. Seconded by Councilman pfohl. Carried by the following vote: Yeas - Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays-None. Petition of Peoples Natural Gas requesting permission to excavate on Cox street between Kirkwood and Elizabeth Place, presented and read. Mayor Horgan moved that the petition be granted. Seconded by Councilman pfohl. Carried by the following vote: Yeas - Mayor Horgan, Council- men Kean, Ludwig, pfohl, Takos. Nays-None. Petition of Dubuque Junior Chamber of Commerce requesting a refund of $150. on the unexpired portion of Class B Beer permit No. 80, as they have discontinued business, presented and read. Coun- cilman LUdwig moved that the re- fund be granted and the Auditnr instructed to issue proper warrant. Seconded by Councilman Pfohl. Carried by the following vote: Yeas - Mayor Horgan, Council- men Kean, Ludwig, pfohl, Takos. Nays-None. Petition of Dubuque Junior Chamber of Commerce requesting a refund of $75. on the unexpired portion of cigarette license No. 259, as they have discontinued busi- ness, presented and read. Council- man Ludwig moved that the refund be granted and the Auditor instructed to issue proper war- rant. Seconded by Councilman Pfohl. Carried by the following vote: Yeas - Mayor Horgan, Counci1~ men Kean, Ludwig, Pfohl, Takos. Nays-None. 12, 1965 1965 Honorable Mayor City Council Gentlemen: On the 28th day of December, 1964, Resolution No. 299-64 was passed, adopted and approved, July and July 23, Special Session, cilman Ludwig. Carried by the following vote: Yeas - Mayor Horgan, Council- men Kean, Ludwig, pfohl. Takos. Nays-None. ORDINANCE NO. 22-65 AN ORDINANCE RELATING TO THE POSSESSION OF BEER OR LIQUOR BY PERSOI\'"'S UN_ DER TWENTY_ONE (21) YEARS OF AGE AND PROVID- ING PENALTY FOR VIOLA- TION HEREOF Therefore Be It Ordained By The City Council of City of Du_ buque, Iowa: Section 1. Any person or persons under the age of twenty-one years who shall individually or jointly have in his or their possession or control beer as hereinafter de- fined or liquor shall be subject to a fine of not more than One Hundred ($100.00) Dollars or im- prisonment in the County jail for not more than thirty days. Section 2. The word "beer" as herein used shall mean any liquid capable of being use(l for beverage purposes made by the fermenta~ ion of an infusion In potable water of barley, malt and hops, with or without uDmalted grains or decor- Hcated and degerminated grains containing not more than tour per cent of alcohol by weight. Section 3. The provisions of this Ordinance shall not apply to any person under the age of twenty_ one years who is given or dis- pensed liquor for beverage or medicinal purposes within a pri- vate home and with the knowledge and consent of the parent or guardIan or as administered to such person under tWenty-one years of age by either a physician or a dentist for medicinal pur- poses, nor shall the provisions of this Ordinance apply to person who is under twenty-one years of age who is a regular employee of a Class "A." "B" or "C" permit holder. as defined in Ordinance No. 9-35, known as the "Beer Ordinance" of the City of Du- buque. Iowa while performing re,g-ular duties during the course of employment. Section 4. This Ordinance shall be in full force and effect from and after its final passage, adop~ tion and pUblication as by law provided. Introduced the 23rd day of JulY, 1965. Rule requiring reading on three separate days suspended by uDani. mous vote the 23rd day of July, 1965. Passed by recorded roll call vote, adopted and approved this I 23rd day of JUly, 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 2'8th day of July 1965. Leo F. Frommelt City Clerk. , I , 1965 should be vacated and they have agreed to purchase the vacated property and pay the publication costs. It is recommended that the mat- ter be referred to the Planning and Zoning Commission in order to secure the Commission's opinion as to the vacation of the alley. Respectfully submitted, Gilbert D. Chavenelle, City Manager Councilman Takos moved that the recommendation of the City Manager be approved. Seconded by Councilman Pfohl. Carried by the following vote: Yeas - Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays-None. Gentlemen I am enclosing a proposed ordin- ance relating to the possession of beer or liquor by persons under twenty-one years of age. I am also enclosing a letter from the City Solicitor, dated July 19th, which explains the purpose of the ordinance. I recommend that the proposed ordinance be passed. Respectfully submitted, Gilbert D. Chavenelle, City Manager Councilman Takos moved that the communication be received and filed. Seconded by Mayor Horgan. Carried by the following vote: Yeas - Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays-None. ORDINANCE NO. 22-65 An Ordinance Relating to the posession of beer or liquor by persons under twenty-one (21) years of age and providing pen- alty for violation hereof, 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 suspended requiring an Ordinance to be read on three separate days. Seconded by Coun- 1965 July 22, Mayor To the Honorable and City Council Special Session, July 23, 1965 To the Honorable and City Council Gentlemen: The petition by Arthur J. Potzer and others requesting the vacation and conveyance to the abutters of the alley between 615 and 651 Eng- lish Lane has been investigated. All abutting property holders are in agreement that the alley Respectfully, Gilbert D. Chavenelle, City Manager Donald J. Bandy, Bullding Commissioner Councilman Ludwig moved ap- proval of the recommendation. Sec- onded by Mayor Horgan. Carried by the following vote: Yeas - Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays--None. 1965 Gentlemen: During the past several months many meetings have been held to determine the best way to rebuild the fronts of the buildings on Main Street between 9th and 10th on the east side of the street. The architects have arrived at an attractive design which will com- pletely change the looks of this area. The design presents an over~ hang over the walk of three feet. The present ordinance allows a canopy to extend four feet over the walk providing it is ten feet over the walk. This design is not exactly a canopy and is also not an integral part of the building and is nine feet over the walk. We believe that the design as presented would be an attractive addition in the downtown area, and, therefore, recommend that the City Council concur in our ap. prova!. July 21, Mayor Mayor Horgan moved that the -communication be referred back to the Manager for presentation of a resolution of condolence in the case of the late Mr. Rose and also for the late Mr. Carl Clark a" form- er member of the City Council. Seconded by Councilman Ludwig. Carried by the following vote: Yeas - Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays-None. July 21, Mayor To the Honorable and City Council 226 Passed, adopted and approved this 23rd day of July, 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 fol- lowing vote: Yeas - Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays-None. There being no further business Mayor Horgan moved to adjourn. Seconded by Councilman Pfohl, Carried by the following vote: Yeas - Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays-None. Leo F. Frommelt, City Clerk Approved ....................................1965. Adopted ....................................1965. ........................... ........................... Councilmen ..........................., ...........................' ............................ Attest ...................................... City Clerk 229 23, 1965 Special Session, July OF DUBUQUE, Section 1. That the plat of Sears Roebuck & Co. Subdivision No. 2 prepared by John L. White, City Engineer, and dated the 16th day of July, 1965, be and the same is hereby approved and the Mayor and City Clerk be and they are hereby authorized and directed to execute said plat for and on behalf of the City of Dubuque, Iowa. Section 2. That the written lease with addendum attached thereto by and between City of Dubuque, Iowa, and Frommelt Building Corp- oration, an Iowa Corporation, be and the same is hereby approved and the Mayor and City Clerk be and they are hereby authorized and directed to execute said lease and addendum attached thereto for and on behalf of the City of Du- buque, Iowa. Passed, adopted and approved this 23rd day of July, 1965. Robert J. Horgan Mayor Richard LUdwig Peter J. Takas Eldon A. pfohl James J. Kean Councilmen Councilman Takos moved adop- tion of the resolution. Seconded by Councilman Ludwig. Carried by the following vote: Yeas - Mayor Horgan, Council men Kean, Ludwig, Pfohl. Takos Nays-None. Attest: Leo F. Frommelt, City Clerk CITY OF THE IOWA: I RESOLUTION NO. 162-65 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 Cigar- ettes within the City of Dubuque, Iowa, be granted a permit to sell Cigarettes and Cigarette Papers within said City. ADDRESS East 22nd Louis H. Harle, 62 Locust Street BE IT FURTHER RESOLVED that the bonds filed with the appli- cation be approved. NAME Donald F. Arthofer, 532 Street Special Session, July 23, 1965 Section I. That the sale of Lot 2 of Chemical Subdivision in the City of Dubuque, Iowa, for the sum of $25,000.00 to HELEN M. ENG- STROM and DONALD E. ENG- STROM, mother and SOD, as joint tenants with right of survivorship and not as tenants in common be and the same is hereby approved and ratified. Section 2. That the Mayor and City Clerk be and they are hereby authorized and directed to execute for and on behalf of the City of Dubuque corrected Quit Claim Deed conveying the hereinabove described real estate to HELEN M. ENGSTROM and DONALD E. ENG- STROM, mother and son, as joint tenants with right of survivorship and not as tenants in common, and the City Clerk be and he is hereby authorized and directed to deliver said deed to said grantees. oved Allest 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, Takos Nays--None. Passed, adopted and appro this 23rd day of July, 1965. Robert J. Horgan Mayor Richard Ludwig Peter J. Takos Eldon A. Pfohl James J. Kean City Councilmen authorizing the sale of Lot 2 of Chemical Subdivision in the City of Dubuque, Iowa, to Helen M. Engstrom and David E. Engstrom, mother and son as joint tenants for the sum of $25,000.00, the amount of $2,500.00 having been paid down with their offer in the amount of $22,500.00 to be paid upon delivery of deed. All matters in connection with said sale have been finalized and deed has been delivered to pur- chasers and purchasers' check in the amount of $22,500.00 was re- ceived by your City Attorney. This brings the matter to a completion and check in the amount of $22,500.00 is being trans~ milled to the City Manager with a copy of this letter. Respectfully submitted, R. N. Russo, City Attorney Councilman Takos moved that the communication be received and filed. Seconded by Councilman Ludwig. Carried by the following vote: Yeas - Mayor Horgan, Council- men Kean, Ludwig, Pfohl. Takos. Nays-None. RESOLUTION NO. 160-<55 WHEREAS, on the 28th day of December, 1964, City Council of Dubuque, Iowa, passed, adopted and approved Resolution No. 299- 64 authorizing and approving the sale for the sum of $25,000.00 the follOWing described real estate: Lot 2 of Chemical Subdivision in the City of Dubuque, Iowa; and 228 RESOLUTION NO. 161-65 WHEREAS, Frommelt Building Corporation, an Iowa Corporation, has petitioned the City of Dubu- que to lease a certain tract of land platted and hereafter to be known as Sears Roebuck & Co. Sub- division No. 2 in the City of Dubu~ que, Iowa; and WHEREAS, the City Council has examined the proposed form of lease with addendum attached thereto, by and between Frommelt Industries, Inc. and City of Du- !buque, Iowa, and finds that the terms and conditions thereof are acceptable and said lease should be approved. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL WHEREAS, in said resolution and deed executed and delivered pursuant thereto, the grantees were named as HELEN M. ENG- STROM and DA VlD E. ENGSTROM, as joint tenants with right of survivorship and not as tenants in common; and WHEREAS, the named grantees should have been designated and named as HELEN M. ENGSTROM and DONALD E. ENGSTROM, and that said error in the name of one of the grantees should be corrected and corrected deed executed and delivered accordingly. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: