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1965 September Council Proceedings I II 275 Regular Session, September 6, 1965 CITY COUNCIL OFFICIAL. REGULAR SESSION, SEPTEM- BER 6, 1965. NO MEMBERS OF THE CITY COUNCIL BElNG PRESENT UPON ROLL CALL THE MEETING WAS POSTPONED SUBJECT TO CALL. Leo F. Frommelt City Clerk. Approved ......................... .....1965. Adopted ........................... 1965. .............. .............. Councilmen: i ......"...... I I l ::::::.:..:': Attest: ...................... City Clerk . ~ '!f m II Nays-None. August 30, 1965 To the Honorable Mayor and City Council Gentlemen: I request authority for C i t Y Clerk Frommelt to sign city pa~ pers on behalf of the manager during my absence from the city from September 14th through Sep. tember 23rd. This will largely involve the signing of purchase orders. Respectfully submitted, Gilbert D. Chavenelle City Manager Councilman Ludwig mave ap- proval of the request. Seconded by Councilman Takas. Carried by the following vote: Yeas - Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takas. Nays-None. August 30, 1965 To the Honorable Mayor and City Council Gentlemen: I am returning to you a petition of Mr. Cliff Walsh requesting a traffic signal installation at 13th and Central Avenue. The request of the petitioner has bee n investigated by the Traffic Division of the Police De~ partment, and also has been dis. cussed by the staff Traffic Com. mittee. I am enclosing a report from Traffic Captain Charles Jenaman. As stated in the report we will try and handle the situation by officer patrol rather than the in- stallation of a traffic signal. I have written Mr. Walsh ac~ cordingly. Respectfully submitted, Gilhert D. Chavenelle City Manager Councilman Pfohl 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. August 31, 1965 To the Honorable Mayor and City Council Gentlemen Adjourned Regular Session, September 7, 1965 We have received a request from Shiltz Development Corpora- tion for the installation of street lights in Sunset Park #2. 1 understand that the Board of Supervisors and the Board of Edu. cation have agreed to the possible tax compromise as referred to in this letter, and it is desired that the will of the City Council in this tax matter be made a matter of record. Will the City Council concur in the seHing of the property on this basis, with an understanding that if it does not bring a sufficient price that the City would be will- ing to compromise the tax in question, if it need be? Respectfully, Gilbert Chavenelle City Manager Due to the fact that the City has beeil advised that the property in question has been sold for con- Siderably more than anticipated and no compromise of tax is there- fore necessary Councilman Takos moved that the communication be received and filed. Seconded by Councilman Kean. Carried by the foHowing vote: Yeas - Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays-None. August 27, 1965 To the Honorable Mayor and City Council Gentlemen: I herewith submit reports of the City Auditor, City Treasurer, City Health Department and City Water Works for the month of July, as weH as a list of claims and payrolls for which warrants were issued for the month of July, 1965. Respectfully submitted, Gilbert D. Chavenelle City Manager Councilman Takas moved that the reports be received and filed. Seconded by Councilman Ludwig. 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 Statement of receipts and a list of claims for which warrants were issued during the month of July 1965, presented and read. Mayor Hor- gan moved that the proof of pub- lication be received and filed. Seconded by Councilman Takos. Carried by the foHowing vote: Yeas - Mayor Horgan, Council men Kean, Ludwig, Pfohl. Takos 7, 1965 and requesting that all half hour meters be changed to one hour meters, presented and read. Mayor Horgan moved that the communi. cation be referred to a special meeting to be held on September 27, 1965 in the Council Chamber at which time the City Manager will present a survey made by his staff relative to the parking situa~ tion. Seconded by Councilman Takos. Carried by the following vote: Adjourned Regular Session, September OFFICIAL Adiourned Regular Session, Sep. tember 7, 1965. Council met .t 7:30 P.M. (C.S.T.) Present - Mayor Horgan, Coun- cilmen Kean, Ludwig, Pfohl, Ta- koso City Manager Gilbert D. Cha- venelle. 276 CITY COUNCIL Yeas - Mayor Horgan, Council- men Kean, Ludwig, Pfohl. Takos. Nays-None. Communication of the Dubuque Jaycees offering their support and assistance on whatever worthy projects seem to demand their type of participation in civic affairs, presented and read. Coun- cilman Ludwig moved that the communication be referred to the Council. Seconded by Councilman Takas. Carried by the following vote: Yeas - Mayor Horgan, Council. men Kean, LUdwig, Pfohl, Takas. Nays-None. Communication of Mr. and Mrs. H. Then of Bernard, Iowa request. ing reconsideration in allowing Montgomery Ward to relocate west of Dubuque, presented and read. Mayor Horgan moved that the communication be received and filed. Seconded by Councilman Takos. Carried by the following vote: Yeas - Mayor Horgan, Council- men Kean, LUdwig, Pfohl, Takos. Nays-None. Communication of League of Iowa Municipalities announcing the 67th annual conference of the League to be held on Septemher 30, and Octo her 1, 1965, presented and read. Mayor Horgan moved that the communication be re- ferred to the Council. Seconded by Councilman Takas. Carried by the following vote: Yeas - Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays-None. August 24, 1965 To the Honorable Mayor and City Council Gentlemen: I am enclosing a copy of a letter addressed to Mr. Harold Meloy, dated August 9th in regard to taxes on property at 1807 Pres- cott Street. Mayor Horgan read the call and stated that service thereof had been duly made and this meeting is an adjourned regular meeting of September 6, 1965, for the purpose of acting upon such business as may properly come before the meeting. Communication of Dubuque Federation of Labor submitting a resolution as being in favor of a comprehensive renewal program and the new City.County Building is of primary importance, pre- sented and read. Councilman Lud- wig moved that the communication be received and filed. Seconded by Councilman Kean. Carried by the following vote: Yeas - Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays-None. Communication of Mrs. Milton J. Hesling suggesting that the parking ramp rates be posted at each entrance to the ramp, pre. sented and read. Mayor Horgan moved that the communication be referred to the ramp manager. Seconded by Councilman Ludwig. Carried by the following vote: Yeas - Mayor Horgan, Council. men Kean, Ludwig, Pfohl, Takos. Nays-None. Communication of A. G. Wright submitting his resignation as a member of the Civil Service Com- mission due to reasons of ill health, presented and read. Mayor Horgan moved that the communi- cation be referred to the Council. Seconded by Councilman Ludwig. Carried by the following vote: Yeas - Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays-None. Communication of Chamber of Commerce Parking and Intra..city Traffic Committee submitting a report showing that the majority of the downtown business places prefer one hour parking meters 279 Lot 246 is to single family Lot 1 of Mineral remain zoned for residential use. Respectfully submitted, F. J. Glab, Secretary Councilman Takas moved ap- proval of the recommendation and that same be referred to the City Attorney for proper proceed- ings. See 0 n d e d by Councilman Kean. Carried by the following vote: Yeas - Mayor Horgan, Council men Kean, Ludwig, Pfohl, Takas Nays-None. August 30, 1965 Honorable Mayor and Members of the City Council Gentlemen: In accordance with the provi- sions of Chapter 365 of the 1962 Code of Iowa, the Civil Service Commission conducted examina- tions on August 27, 1965, for those seeking positions as CLERK- STENOGRAPHER. The following are the names of those who passed the written ex- aminations and their names are hereby certified. Janet M. Manos Lauriann Gerner Respectfully submitted, A. G. Wright Chairman Gerard B. N aonan Louis J. Lagen Commissioners 89.5% 85.0% Adjourned Regular Session, September 7, 1965 the land out of the General Land Sales Account. Respectfully requested, Gilbert D. Chavenelle City Manager Councilman Kean moved that the recommendation be approved and authority given to exercise the option. Seconded by Council. man Takas. Carried by the follow. ing vote: Yeas - Mayor Horgan, Council men Kean, Ludwig, Pfohl. Takas, Nays-None. August 30, 1965 To the Honorable Mayor and City Council Fund I II Attest: Leo F. Frommelt Clerk Subscribed and sworn to before me this 30th day of August 1965. (Seal) August 30, & City Council Re: Susan M. Rohner 3001 Karen St. Dubuque, Iowa Gentlemen: On February 1, 1965, Susan M. Rohner filed claim in the amount of $45,63 claiming backup of sewer on January 27, 1965. Eugene J. Berens Notary Puhlic Councilman Takas moved that the communication be received and 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. 1965 Hon. Mayor Gentlemen: At a regular meeting of the Dubuque City Planning and Zon- ing Commission held on August 26, 1965 the following action was taken: That Lot 1 of Mineral Lot 246 in the City of Dubuque, Iowa be rezoned from Single Family Res- idential to Local Business "B" classification except for that por- tion of Lot 1 of Mineral Lot 246 described as fonows: Commencing at the southeast corner of Lot 1 of Mineral Lot 246 in Section 27, Dubuque Town. ship, Dubuque County, Iowa, now in the City of Dubuque, Iowa, also being the southwest corner of "Bird Chevrolet C e n t e r Grove Place" in Section 27, Dubuque Township, Dubuque County, Iowa, now in the City of Dubuque, Iowa, thence North 730 56' West, 77.18 feet along University Avenue right-of- way, thence North 740 03' West, 117.45 feet along University Avenue right-of- way, thence North 530 31' West, 411.64 feet along John F. Kennedy Road right- of-way, thence South 300 36' East, 169.63 feet to southerly right-oI-way line of John F. Kennedy Road and the point beginning, thence continu- South 30' 36' East, 71.90 feet, thence South 770 55' East, 67.75 feet to said John F. Kennedy Road right-of-way, thence North 53' 31' West, 127.77 feet along said John F. Kennedy Road right-oi-way to point of beginning, containing 0.041 acres. The above described portion of Adjourned Regular Session, September 7, 1965 You r approval is hereby re- quested and that the City Clerk be authorized to sign same. Respectfully submitted, Gilhert D. Chavenelle City Mansger Councilman pfohl moved that the Clerk be authorized to sign the application. S e con d e d by Councilman Takas. Carried by the fOllowing vote: Yeas - Mayor Horgan, Councn. men Kean, Ludwig, Pfohl, Takas Nays-None. September 7, 1965 To the Honorable Mayor and City Council Gentlemen: Septemher 7, To the Honorable Mayor and City Council, Gentlemen: This is to advise that I have approved the following bonds and desire to have your approval on same. SIDEWALK William L. Phillips, Western Sure. ty Company Respectfully, Gilbert D. Chavenelle, City Manager Councilman Kean moved that the bond be filed suhject to the approval of the City Solicitor. Seconded by Councilman Pfohl. Carried hy the following vote: Yeas - Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays-None. 1965 ,i Some months ago an Option was arranged with the Interstate Power Company to purchase two lots belonging to the Company and abutting the site of the new City Equipment Yard. The Option was arranged because the reloca- tion of Ninth Street Extension cut into the Equipment Yard Prop- erty. The Option contemplates the purchase of two lots for $5600, approximately 0.86 acres and sub- ject to certain easement reserva- tions by the Company. The option has been twice extended to expire November 1, 1965. Since the relocated Ninth street is now under construction, it is recommended that the lots be purchased. I request your authority to com- plete this transaction and pay for 1965 Attached hereto is an applica- tion for approval of underground Construction on State Highway Right of Way for the extension of 2" H. P. Gas Line1 615' parallel to south side of Dodge Street. This proposed line is within the City limits and therefore your body must grant approval for in. stallation. 278 It is recommended that the fol- lowing 175 watt mercury vapor lights be installed: 1. Between Lots 29 and 30, Block 2, St. John Drive 2. Between Lots 10 and 11, Block 3, St. John Drive 3. Between Lots 4 and 5, Block 4, St. John Drive 4. Between Lots 13 and 14, Block 4, St. John Drive 5. Between Lots 23 and 24, Block 4, Graham Circle 6. Between Lots 36 and 37, B I 0 c k 4, Suzanne Drive (turn- around) 7. Between Lots 44 and 45, Block 4, Suzanne Drive 8. Between Lots 52 and 53, Block 4, Suzanne Drive 9. Between Lots 11 and 12, Block 5, Suzanne Drive 10. Between Lots 19 and 20, Block 5, Suzanne Drive 11. Between Lots 3 and 4, Block 7, Graham Circle. 12. On southwest corner of ham Court. 13. At northeast corner 1, Block 9, St. John Drive ham Circle 14. Northwest corner of Block 1, St. John Drive. This system is to be installed with underground wiring accord- ing to an agreement between the subdivider, power company and the city. Respectfully submitted, Gilbert D. Chavenelle City Manager Councilman Kean moved that the recommendation of the Man- ager be approved. Seconded by Councilman Takos. Carried by the following vote: Yeas - Mayor Horgan, Council men Kean, Ludwig, Phohl. Takos Nays--None. September 3, To the Honorable Mayor and Members of the City Council Gentlemen Gra- of Lot & Gra- 4, Lot 281 ORDINANCE NO. 26-65 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 des- cribed from Single Family Resi- dence District Classification to Multiple Family Residence Dis- trict Classification (Rommel pro- perty) presented and read. Councilman Kean moved that the reading just had be considered the first reading of the Ordinance. Seconded by Councilman Takas. Carried hy the following vote: Yeas - Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takas. Nays-None. Councilman Kean moved that the rule requiring an ordinance to be read on three separate days be waived. Seconded by Councilman Takos. Carried hy the following vote: Yeas - Mayor Horgan, Council- men Kean, Lndwig, Pfohl, Takos. Nays-None. ORDINANCE NO. 26-65 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 DESCRIBED FROM <<SINGLE FAM- IT.. Y RESIDENCE DISTRICT CLASSI- FICATION" 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 by changing from "'Single Famlly Resi- dence District Classification" to ""Mul- tiple Family Residence District Classi- fication" to the follOwing described real estate, to-wit: Beginning at the northwest corner of Lot 2 of 1 of 1 of 2 of Mineral Lot 12. thence westerly 249.6 feet to the northwest corner of Lot 2 of 2 of 2 of 1 of 1 of 1 of 2 of Mineral Lot 12i thence southerly 250 feet ~~O~gOf ~e ol:s~~rr Of~e~f ~f ofLoJ:in~ eral Lot 12 and Lot 1 of 2 of 2 of 1 of 1 of 1 of 2 of Mineral Lot 12 and Lot 2 of 1 of 1 of 1 of 1 of 2 of Mineral Lot 12 to the southwest corner of Lot 2 of 1 of 1 of 1 of 1 of 2 of Mineral Lot 12 thence east- erly along the southerly lot line of Lot 2 of 1 of 1 of 1 of 1 of 2 a dis- tance 190 feet to a point 100 feet westerly of the west property line of the Rockdale Road thence northerly along a line 100 feet westerl:y and parallel to the west property line of the Rockdale Road to the place of beginning all in the City of Dubuque. Dubuque County. Iowa. Adjourned Regular Session, September 7, 1965 ORDINANCE NO. 25-65 An Ordinance repealing Ordi. nance No. 45-64 and amending and changing ordinance No. 3-341 known as the Zoning Map and Zoning Ordinance, so as to change the northerly 300' of Vorwald Place No.2 from Single Family district classification to Local Business District A classi- ficationl presented and read. Councilman Kean moved that the reading just had be considered the first reading of the Ordinance. Seconded hy Councilman Pfohl. Carried hy the follOwing vote: Yeas - Ma:ror Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays-None. Councilman Kean moved that the rule requiring reading of an ordinance on three separate days be waived. Seconded by Council- man Pfohl. Carried hy the follow- ing vote: Yeas-Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays-None. Councilman Kean moved that a public hearing be held on the Ordinance on Octo her 4, 1965 at 7:30 o'clock P.M. (C.S.T.) in the Council Chamber at the City Hall and the City Clerk be instructed to publiSh notice of the hearing in the manner required by law. Seconded by Councilman Pfohl. Carried hy the following vote: Yeas - Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays-None. Proof of Puhlication, certified to by the Pnblisher, of Notice of public hearing to consider re- zoning a part of Mineral Lot 12 from the present Single Family Residence District Classification to Multiple Residence District Clas- sification, notice of hearing pub- lished August 9, 1965, presented and read No written objections were filed and no oral objectors were pre- sent in the Council Chamber at the time set for the public hear- ing. Councilman Pfohl moved that the proof of publication be reo ceived and filed. Seconded by Councilman Kean. Carried by the following vote: Yeas - Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos Nays-None. I II I; i I ! ;1 Adjourned Regular Session, September 7, 1965 Yeas - Mayor Horgan, Council men Kean, Ludwig, Pfohl, Takos, Nays-None. Written notice to State of Iowa for use by City of Dubuque Plain- tiff vs. Lee Owen Carlson, defend- ant, that defendant proposes to show that he relies on an alibi or that he was at some other place at the time of an offense as charged. Conncilman Pfohl moved that the notice he referred to the City Solicitor for investigation and report. Seconded by Councilman Takos. Carried by the following vote: Yeas - Mayor Horgan, Council- men Kean, Ludwig, Piohl, Takos. Nays-None. Notice of claim of Edward J. Stanley, in an unspecified amount, for expense incurred as the result of a backed up sanitary sewer at 1025 W. Locust Street on August 27, 1965, presented and read. Conncilman Pfohl moved that the notice of claim be referred to the City Solicitor for investigation and report. Seconded by Council- man Takos. Carried by the follow- ing vote: Yeas - Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays-None. Notice of claim of Ray J. Gross of 995 West Locust St., in an unspecified amount, as the result of damage due to a broken sewer line in West Locust Street on August 26, 1965, presented and read. Councilman Pfohl moved that the notice of claim be reo ferred to the City Solicitor for investigation and report. Seconded by Councilman Takos. Carried by the following vote: Yeas - Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays-None. Communication of E. Marshall Thomas, attorney, submitting an Ordinance to correct rezoning of Vorwald Place No.2, by repealing Ordinance No. 45-64 which called for rezoning of Vorwald Place only, presented and read. Council- man Pfohl moved that the com- munication be received and filed. Seconded by Councilman Kean. Carried by the following vote: Yeas - Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays-None. August 30, 1965 Mayor and City Council Re: Delores F. Jahn R#l Platteville, Gentlemen On May 28, 1965, Delores F. Jahn filed claim for damage to her jacket when she caught same on a nail sticking out of door at the police station entrance on May 28, 1965. This matter was referred to the pertinent City Agency and said claim has been paid in the amount of $12.95 and therefore recom- mend that said claim be denied. Original claim is attached here. to. Respectfully submitted, R. N. Russo City Attorney Councilman Kean moved that the recommendation of the City Attorney be approved. Seconded by Councilman Takos. Carried by the following vote: Yeas - Mayor Horgan, Council. men Kean, LUdwig, Pfohl, Takos. Nays-None. Notice o!' Suit of Donovan L. and Mary Ann Kelleher, in the amount of $17,500. as the result of a col. lision between their car and the city ambuance driven by Mr. Lyle Link, on January 16, 1965 at E. 16th and Jackson Streets, pre- sented and read. Councilman Pfohl moved that the notice be referred to the City Solicitor for investiga- tion and report. Seconded by Councilman Takos. Carried by the following vote: Mayor Horgan moved that the recommendation of the City At- torney be approved. Seconded by Councilman Takos. Carried by the following vote: Yeas - Mayor Horgan, Council men Kean, Ludwig, Pfohl. Takos Nays-None. attached here- This matter was referred to the appropriate City Agency which has paid said claim in full and therefore recommend that said claim be denied. Original claim is to. Respectfully submitted, R. N. Russo City Attorney Wis. Hon. 280 ( , 283 It.-9-13 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. Proof of Publication, certified to by the Puhlisher, of notice of public hearing to consider pro- posal to change the Zoning Map and Zoning Ordinance so as to change from Single Family Resi. dence District Classification to Two Family Residence District Classification on Lot 2 of the Sub. division of Lot 1 of Lot 2 and Lot 1 of the Suhdivision of Lot 1 of Lot 2 in Garrels Grove, pre sented and read. Mayor Horgan moved that the proof of puhlica. tion be received and filed. Second~ ed by Councilman Takas. Carried by the following vote: Yeas - Mayor Horgan, Council- men Kean, Ludwig, pfohl, Takas. Nays-None. No Objections were raised at the time the proof of publication was read on the rezoning of Garrels Grove. However later on in the meeting Mr. John Ohnesorge ob- jected to the rezoning of the area to Two Family residence district Classification. Councilman pfohl reiterated the ratification and adoption of the Ordinance by proper motion. 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 proof of pUblication be received and filed. Seconded by Councilman Takos. Carried by the following vote: Yeas - Mayor Horgan, Council- men Kean, Ludwig, Pfohl. Takos. Nays-None. ORDINANCE NO. 29-65 An Ordinance Amending and Changing Ordinance No. 3-.34, known as the Zoning Map .nd Zoning Ordinance of the City of Dubuque, so as to change cer- tain property hereinafter de- scribed from "Single Family Residence District" Classifica- tion to "Two Family Residence published. officially in The Telesraph. Herald Newspaper this 13th day of September, 1965. Leo F. Frommelt, City Clerk. Adjourned Regular Session, September 7, 1965 this 13th day of Frommelt, City Clerk. 1t.-9.13 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, Takas. Nays-None. ORDINANCE NO. 28-65 An Ordinance Amending and Changing Ordinance No. 3-34, known as the Zon ing Map and Zoning Ordinance of the City of Dubuque, so as to change cer- tain property hereinafter de- scribed from "Single Family Residence District" Classifica- fiG" to "Two Family Residence District" 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 an ordinance to be read on three separate days be waived. Seconded by Councilman Ludwig. Carried by the following vote: Yeas - Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takas. Nays-None. ORDINANCE NO. 28-65 AN ORDINANCE AMENDING AND CHANGING ORDINANCE NO. 3.34 KNOW AS TIlE ZONING MAP AND ZONING ORDINANCE OF TIlE CITY OF DUBUQUE, SO AS TO CHANGE CERTAIN PROPERTY HEREINAF. TER DESCRillED FROM '<SINGLE F AMIL Y RESIDENCE DISTRICT" CLASSIFICATION TO <<TWO FAMILY RESIDENCE DISTRICT" CLASSIFICA. TION. BE IT ORDAINED BY THE CITY COUN- CIL 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 hereby amended by changing from "Single Famlly Resi. dence District" Classification to <<Two Family Residence District" Classifica- tion, the following described real es- tate, to-wit: Lot 1 of Block 2 /'Ind Lot 5 of Block 1 in Pioneer Hills Subdivision. Passed, adopted and approved this 7th day of September, A.D., 1965. Robert J. Horgan, Mavor Richard Ludwig Peter J. Takos Eldon A. Pfohl James J. Kean Councilmen. Sep. Heral4 Newspaper tember, 1965. Leo F. Adjourned Regular Session, September 7, 1965 Councilman Takas 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, Takas. Nays-None. ORDINANCE NO. 27-65 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 de- scribed fro m "Single Family Residence District" Classifica- to "Multiple Family Residence District" Classification, presented and read. Councilman Kean moved that the reading just had be considered the first reading of the Ordinance. Seconded by Mayor Horgan. Car- ried by the following vote: Yeas - Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays-None. Councilman Kean moved that the rule be waived 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. ORDINANCE NO. 27-65 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 "MUL TIPLE FAMILY RESIDENCE DISTRICT" 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: "Mul- tiple Family Residence District" Classi. fication! the following described real estate, o.wlt: Lots I, 2 3 and 4 of Block 1 of Pioneer Hills Subdivision, all in the City of Dubuque, Dubuque, County, Iowa. Passed, adopted and approved this 7th day of September, 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. IIIII Council Takos AttesL Leo F. Frommelt City Clerk_ Published officially in The Telegraph. 'his Attest: Leo F. Frommelt. City Clerk Published officially in The Telegraph. Herald newspaper this 13th day of Sep- tember, 1965. Leo F. Frommelt, City Clerk It.-9.13 Councilman Kean moved adop. tion of the Ordinance. Seconded by Councilman Takos. Carried by the following vote: Yeas - Mayor Horgan, Council. men Kean, Ludwig, Pfohl, Takos. Nays-None. Proof of Publication, certified to by the Publisher, of notice of public hearing to change the Zon. ing Map and Zoning Ordinance from Single Family Residence Dis- trict Classification to "Two Family Residence District Classification" Lot 1 of Block 2 and Lot 5 of Block 1 in Pioneer Hills Subdivi. sion and also to change from Single Family Residence District Classification to "Multiple Family Residence District Classification" Lots 1, 2, 3 and 4 of Block 1 of Pioneer Hills Sub. presented and read. Mayor Horgan moved that the rules be suspended in order to let anyone present address the Council if they so desire. Second- ed by Councilman Ludwig. Car. ried by the following vote: Yeas - Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays-None. Virginia Kramer of 755 Kelly Lane objected to Pioneer Hills rezoning other than single family classification. Mr. Richard Hen- schel stated that four family units would be the maximum. Mr. Am. brose Agnitsch of 1196 Kelly Lane reminded the Council of the pre. vious petition signed by eighty five per cent of the people in the area as being against the rezon. ing. James E. Jackson of 820 Kelly Lane also objected to the rezon- ing. Wm. Fullmer of 785 Kelly Lane objected on moral ground because when they bought their home in the area it was with the understanding that it would be on the basis of single family res. idences. ,'""', 282 Passed, adopted and approved 7th day of September, A.D., 1965. Robert J. Horgan, Mayor Richard Ludwig Peter J. Takos Eldon A. Pfohl James J Kean Councilmen I 285 Marmara street storm sewer, pre- sented and read. Mayor Horgan moved that the petition be referred to the City Manager, City En- gineer, Health Department and Building Commissioner. Seconded by Councilman Pfohl. Carried by the following vote: Yeas - Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takas. Nays-None. Mr. Robert Runde of 2825 Ind- iana 81. addressed the Council by stating the Isbarn area is in an unsightly state, old buildings, weeds, junk cars etc. litter the yards along the streets. Petition of Earl G. Corbett, re- questing a refund of $75. on the unexpired portion of cigarette license No. 68, presented and read. Councilman Pfohl moved that the refund be granted and the Auditor instructed to issue proper warrant. Seconded by Councilman Takas. Carried by the fOllowing vote: Yeas - Mayor Horgan, Council- men Kean, LUdwig, pfohl, Takas. None. Nays. Petition of DUbuque Baseball Inc. requesting a refund of $100. on the unexpired portion of Class B beer license No. 40, presented and read. Councilman Pfohl moved that the refund be granted and the Auditor instructed to issue proper warrant. Seconded by Councilman Takos. Carried by the following vote: Yeas - Mayor Horgan, Council- men Kean, Ludwig, pfohl, Takos. Nays-None. Petition of James Hal Stacey re- questing a refund of $100. on the unexpired portion of Class B beer license No. 65, presented and read. Councilman Pfohl moved that the refund be granted and the Auditor instructed to issue proper war- rant. Seconded by Councilman Ta- koso Carried by the following vote: Yeas - Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. NaYs-None. Petition of James Hal Stacey requesting a refund of $75. on the unexpired portion of cigarette license No. 219, presented and rea d. Councilman Pfohl moved that the refund be granted. Sec. onded by Councilman Takos. Car- ried by the fOllowing vote: Yeas - Mayor Horgan, Council~ Session, September 7, 1965 Yeas - Mayor Horgan, men Kean, Ludwig, Pfohl Nays-None. Petition of Ralph A. Eherhardt et al demanding full investigation of the sanitary sewer problem prior to the completion of the surfacing of West Locust street, presented and read. Mayor Hor- gan moved that the petition be referred to the City Manager and Engineer. Seconded by Council- man Takos. Carried by the fol. lowing vote: Yeas - Mayor Horgan, Council- men Kean, LUdwig, Pfohl, Takos. Nays-None. Petition of Marvin H. & Betty R. Rehm requesting extension of the present Two Family Residence District Classification to include Lot 1 of 12 and Lot 13 of Union Addn. on Kirkwood Street, pre- sented and rea d. Councilman pfohl moved that the petition be referred to the Planning and Zon- ing Commission. See 0 n d e d by Councilman Takos. Carried by the following vote: Yeas - Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays-None. Petition of Eugene G. Kruser of 2421 Roosevelt Sl. requesting grad. ing of an alley in Jansen's Subdivi- sion to his property line to pro- vide for the hui1ding of a garage, presented and read. Councilman Takos moved that the petition he approved subject to the approval of the City Manager. Seconded by Councilman Kean. Carried by the fOllowing vote: Yeas - Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays-None. Petition of Dubuque Industrial Bureau requesting permission to sponsor an Industrial Fair Octo- ber 14th and 15th and that sixth and seventh street between Bluff and Locust street be closed to traffic, presented and read. Coun- cilman Pfohl moved t hat the petition be approved. Seconded by Councilman Ludwig. Carried by the following vote: Yeas - Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays-None. Petition of Wm. Bersley et al objecting to the unsightly con- dition of the area at Isborn, Mc- Poland and Carlton streets and also requesting completion of the Council- Takos. Adjourned Regular Adjourned Regular Session, September 7, 1965 the end of an alley facing an unimproved street, presented and read. Councilman Takos moved that the petition be referred to the City Manager and City Solici- tor. Seconded by Councilman Lud- wig. 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 Garfield Avenue between Roo- sevelt and Stanton Streets, pre- sented and read. Councilman Lud- wig moved that the petition be approved. Seconded by Council. man Takos. Carried hy the fol. lowing vote: Yeas - Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays-None. Petition of Walter J. Lewis re- questing permission to excavate in Kane street to extend water service, presented and read. Coun- cilman Ludwig moved that the petition be approved. Seconded by Councilman Takos. Carried by the following vote: Yeas - Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takas. Nays-None. Petition of M. J. Mills et al reo questing the posting of speed limit signs in the 2700 block of North Grandview, presented and read. Councilman Takos moved that the petition be referred to the Traffic Department. Seconded by Mayor Horgan. Carried by the following vote: Yeas - Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nay&-None. Petition of Curtis Straub Co. requesting permission to excavate in the alley between 9th and 10th and Main and Iowa, presented and rea d. Councilman Kean moved that the petition be approved. Seconded by Councilman Pfohl. Carried by the following vote: Yeas - Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos Nays-None. Petition of Ken Schromen re- questing permission to excavate at the corner of Ramona and Pamela street. presented and read. Councilman Ludwig, moved that the petition be approved. Second- ed by Councilman Takos. Carried by the following vote: It.-9-13 Councilman Kean moved the adoption of the Ordinance. Second- ed by Mayor Horgan. Carried hy the following vote: Yeas - Mayor Horgan, Council. men Kean, Ludwig, Pfohl, Takas. Nays-None. Petition of Dorrance J. Lange of 2000 Farragut Drive request- ing permission to construct a fence on city owned property ex- tending from their driveway to 284 Dlstrict'1 Classification, notice of hearing on same published August 9, 1965, presented and read. Councilman Kean moved that the reading just had be considered the first reading of the Ordinance. Seconded by Mayor Horgan. Car- ried by the following vote: Yeas - Mayor Horgan, Council. men Kean, Ludwig, Pfohl, Takos. Nays-None. Councilman Kean moved that the rule requiring an ordinance to be read on three separate days be waived. Seconded by Mayor Horgan. Carried by the following vote: Yeas - Mayor Horgan, Council. man Kean, Ludwig, Pfohl. Takos. Nays-None. ORDINANCE NO. 29-65 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 DESCRIBED FROM "SINGLE FAMILY RESIDENCE DISTRICT" CLASSIFICA- TION TO <<TWO FAMILY RESIDENCE DISTRICT" 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 "Two Family Residence District Classificaton" the followng described real estate, to. wit: Lot 2 of the Subdivision of Lot 1 of Lot 2 and Lot 1 of the Subdivi- sion of Lat 1 of Lot 2 all In Garrels Grove, in the City of Dubuque, Du. buque County, Iowa. Passed, adopted and approved this 7th day of September. 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 Telegraph- Herald Newspaper this 13th day of September, 1965. Leo F. Frommelt, City Clerk 287 and that demand has been made by him upon Ralph Lemmers, Du- buque, Iowa, as owner of said property that the condition com- plained of be corrected and that said owner has failed to correct the conditions within the time provided by the notice; and Whereas, on August 9, 1965, the City Council set said report down for puhlic hearing at 7:30 o'clock P.M. C e n t r a 1 Standard Time September 7th, 1965, in the City Council Chamber in the City Hall in the City of Dubuque, Du- buque County, Iowa, and directed the City Clerk to give notice of said hearing; and Whereas, it appears by return of service now on file in the rec- ords of the City Council that no- tice of said hearing was given by serving Ralph Lemmer by regis- tered mail on August 17, 1965, and by publication in the Tele- graph Herald newspaper on Au- gust 16, 1965; and Whereas, pursuant to said no- tice on order of the City Council, a Public Hearing was held at 7:30 o'clock P.M. C e n t r a I Standard Time on September 7, 1965, in the City Council Chambers in the City Hall in the City of Dubuque. Iowa, at which time the owners of the above described real estate were offered an opportunity to be heard and witnesses concern- ing the condition of the property and the hazard were heard; and, Whereas, the Council has duly considered the testimony of the witnesses and viewed the prem- ises and has reached its deter- mination; Now, therefore, Be It Resolved by the City Council of the City of Dubuque: Section 1. That the structure known as 1039 Bluff Street and located on the west one half of Lot five of the east one half of City Lot 655 in the City of Du- buque, Iowa, be and the same is hereby found and declared to be dangerous to life, health and prop- erty and a nuisance; Section 2. That the City Man- ager be and he is hereby author- ized and directed to cause the structure known as 1039 Bluff Street and located on the west one half of Lot five of the east one half of City Lot 655 in the Adjourned Regular Session, September 7, 1965 Passed, adopted, and approved this 7th day of September, 1965. Robert J. Horgan Mayor Richard Ludwig Peter J. Takas Eldon A. Pfohl James J. Kean Councilmen Attest: Leo F. Frommelt City Clerk Councilman Ludwig moved adop- tion of the resolution. Seconded by Councilman Kean. Carried by the following vote: Yeas - Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays-None. Prof of Publication, certified to by the Publisher, of notice of public hearing to consider the City Manager's report and recom- mendation relative to the delapi- dated buildings owned by Ralph L. Lemmer and located at 1039 Bluff Street, 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 hear- ing. Councilman Kean 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. Statement of City Clerk certify- ing that notice of public hearing was mailed by certified mail, re- turn receipt requested to Ralph L. Lemmer at 2597 Pearl Street, presented and read. Mayor Hor- gan moved that the statement be received and filed. Seconded by Councilman Takos. Carried by the following vote: Yeas - Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takas Nays-None. RESOLUTION NO. 191.65 Whereas the City Manager has reported to the City Council that the building and permises located on the west one half of Lot five of the east one half of City Lot 655 owned by Ralph Lemmer and known as 1039 Bluff Street in the City of Dubuque, Dubuque Coun- ty, Iowa, is dangerous to life and health because of its condition Session, September 7, 1965 Whereas, it appears by return of service now on file in the records of the City Council that notice of said heating was given by serving J. J. Nagle by Regis- tered Mail on August 17, 1965; and hy publication in the Telegraph Herald newspaper on August 16, 1965; and, Whereas, pursuant to said notice on order of the City Council, a public hearing was held at 7:30 o'clock P.M. Central Standard Time on September 7, 1965, in the City Council Chambers in the City Hall in the City of Dubuque, Iowa, at which time the owners of the above described real estate were offered an opportunity to be heard and witnesses concerning the con- dition of the property and the hazard were heard; and, Whereas, the Council has duly considered the testimony of the witnesses and viewed the premises and has reached its determination; Now, therefore, Be It Resolved hy the City Council of the City of Dubuque: Section 1. That the structures known as 595-597 West Third Street and located on Lot 9, Pros- pect Hill Addition, in the City of Dubuque, Iowa, be and the same are hereby found and declared to be dangerous to life, health, and property and a nuisance; Section 2. That the City Manager be and he is hereby authorized and directed to cause the structures known as 595-597 West Third Street and located on Lot 9, Prospect Hill Addition in the City of Dubuque, Duhuque County, Iowa, to be dismantled and reo moved. Section 3. That upon completion of said work, the City Manager shall certify the cost thereof to the City Clerk. Section 4. That upon the receipt of said certificate of cost from the City Manager, the City Clerk shall thereupon certify said cost to the County Auditor of Duhuque Coun- ty, Iowa, and it' shall be collected with and in the same manner as general property taxes. Section 5. That the City Clerk be and he is hereby directed to record a certified copy of this Resolution in the office of the County Recorder of DUbuque County, Iowa. I II 286 men Kean, Nays-None. Proof of Publication, certified to by the Publisher, of notice of publiC hearing to consider the City Manager's report and recom- mendation realtive to the delapi- dated buildings owned by J. J. Nagle, located at 595-597 West Third Street, presented and read. No written objections were filed and no objectors were present in the Council Chamber at the time set for the hearing. Mayor Horgan moved that the proof of publica. tion be received and filed. Sec- onded by Councilman Takos. Car- ried by the following vote: Yeas - Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays-None. Statement of City Clerk certi- fying that notice of public hear- ing was mailed by certified mail, return receipt requested to J. J. Nagle on August 17, 1965 relative to the dismantling of the build- ings located at 595.597 West Third Street, presented and read. Mayor Horgan moved that the statement be received and filed. Seconded by Councilman Kean. Carried by the following vote: Yeas - Mayor Horgan, Council. men Kean, Ludwig, Pfohl, Takos Nays-None. RESOLUTION NO. 190-65 Whereas the City Manager has reported to the City Council that the buildings and premises located on Lot 9, Prospect Hill Addition, owned by J. J. Nagle and known as 595-597 West Third Street in the City of Dubuque, Dubuque County, Iowa, are dangerous to life and health because of these conditions and that demand has been made by him upon J. J. Nagle, Dubuqne, Iowa, as owner of said property that the condition complained of be corrected and that said owner has failed to correct the con- ditions within the time provided by the notice; and, Whereas, on August 9, 1965, the City Council set said report down for hearing at 7:30 o'clock P.M. Central Standard Time September 7, 1965, in the City Council Cham- ber in the City Hall in the City of Dubuque, Dubuque County, iowa, and directed the City Clerk to give notice of said hearing; and, Takos. Adjourned Regular Pfohl Ludwig, 289 Councilman Kean moved adop- tion of the resolution. Seconded by Councilman Ludwig. Carried by the fOllowing vote: Yeas - Mayor Horgan, Council~ men Kean, Ludwig, Pfohl, Takas. Nays-None. August 30, 1965 To the Honorable Mayor and City Council Gentlemen: At a regular meeting of the Dubuque City Planning and Zon~ ing Commission held on August 26, 1965 the following action was taken: That the final plat of "Indian Park Subdivision NO.2" in the City of Dubuque he approved and forwarded to the City Council for their consideration and recom- mended approval. Respectfully submitted, Dubuque City Planning and Zoning Commission F. J. Glab, Secretary Councilman Kean moved that the recommendation of the Com- mission be approved. Seconded by Councilman Ludwig. Carried by the following vote: Yeas - Mayor Horgan, Council men Kean, Ludwig, Pfohl, Takas Nays-None. RESOLUTION NO. 193-65 Resolution Approving the Plat of Mineral Lot Sa and Lot 2 of Lot 1 of Lot 1 of Mineral Lot 5 in the City of Dubuque, Iowa. WHEREAS, there has been filed with the City Clerk a plat of the Subdivision of Mineral Lot 5a and Lot 2 of Lot 1 of Lot 1 of Mineral Lot 5 in the City of Dubuque, Iowa, hy Vincent A. Conrad and Ruth M. Conrad, his wife, prepared by Bartels, McMahon & LeMay Engi. neering Co., dated May 26, 1965, to be hereafter known as Indian Park Subdivision No. 2 in the City of Dubuque, Iowa; and, WHEREAS, upon said plat ap. pears an extension of Tomahawk Drive and easements which the owner by said plat has dedicated to the public forever; and, WHEREAS, said plat has re- ceived final approval by the City of Dubuque Planning and Zoning Commission; and, WHEREAS, said plat has been examined by the City Council, and said Council finds that the same conforms to the statutes and ord- Adjourned Regular Session, September 7, 1965 Iowa, at which time the owners of the above described real estate were offered an opportunity to be heard and witnesses concerning the condition of the property and the hazard were heard; and, Whereas, the Council has duly considered the testimony of the witnesses and viewed the prem- ises and has reached its deter- mination; Now, therefore, Be It Resolved hy the City Council of the City of Duhuque: Section 1. That the structure known as 447 Arlingtou Street and located on the north 'h and the south 'h of the east 33' of Lot 1 of Lot 809 A, McDaniels Subdivision in the City of Du. buque, Iowa, be and the same is hereby found and declared to be dangerous to life, health and prop- erty and a nuisance; Section 2. That the City Man- ager be and he is hereby author- ized and directed to cause the structure known as 447 Arlington Street and located on the north 'h and the south 'h of the east 33' of Lot 1 of Lot 809 A, Mc- Daniels Subdivision in the City of Dubuque, Dubuque Co u n t y, Iowa, to be dismantled and re- moved. Section 3. That upon completion of said work, the City Manager shall certify the cost thereof to the City Clerk. Section 4. That upon receipt of said certificate of cost from the City Manager, the City Clerk shall thereupon certify said cost to the County Auditor of Dubuque Coun. ty, Iowa, and it shall be collected with and in the same manner as general property taxes. Section 5. That the City Clerk he and he is hereby directed to record a certified copy of this Resolution in the office of the C 0 u n t y Recorder of Dubuque County, Iowa. Passed, adopted and approved this 7th day of September, 1965. Robert J. Horgan Mayor Richard Ludwig Peter J. Takos Eldon A. Pfohl James J. Kean Councilmen I Attest: Leo F. Frommelt City Clerk f I ,III' n i J Adjourned Regular Session, September 7, 1965 ing that notice of public hearing was mailed by certified mail, re- turn receipt requested, to Mr. Jo- seph Voelker % Voelker Realty Company on August 17, 1965. pre- sented and read. Mayor Horgan moved that the notice be received and filed. Seconded hy Council- man Takos. Carried by the fol. lowing vote: Yeas - Mayor Horgan, Council. men Kean, Ludwig, Pfohl, Takos. Nays-None. RESOLUTION NO. 192-65 Whereas the City Manager has reported to the City Council that the building and premises located on the north 'h and south 'h of the east 33' of Lot 1 of Lot 809 A, McDaniels Subdivision owned by Voelker Realty Company, Jo. seph A. Voelker, President, and known as 447 Arlington Street in the City of Duhuque, Dubuque County. Iowa, is dangerous to life and health because of its condi- tion and that demand has been made by him upon Voelker Real. ty Company, Joseph A. Voelker: President, Dubuque, Iowa, as own- ers of said property that the condi- tion complained of be corrected and that said owners have failed to correct the conditions within the time provided by the notice; and, Whereas, on August 9, 1965, the City Council set said report down for puhlic hearing at 7:30 o'clock P.M. Central Standard Time Sep- tember 7, 1965, in the City Council Chamber in the City Hall in the City of Dubuque, Dubuque Coun- ty, Iowa, and directed the City Clerk to give notice of said hear- ing; and, Whereas, it appears by return of service now on file in the rec. ords of the City Council that no- tice of said hearing was given by serving Voelker Realty Company, Josepeh A. Voelker, President, by registered mail on August 17, 1965 and hy publication in the Telegraph Herald newspaper on August 16, 1965; and, Whereas, pursuant to said no. tice on order of the City Council, a Public Hearing was held at 7:30 o'clock P. M. Central Standard Time on September 7. 1965, in the City Couucil Chambers in the City Hall in the City of Dubuque, Section 3. That upon completion of said work, the City Manager shall certify the cost thereof to the City Clerk. Section 4. That upon receipt of said certificate of cost from the City Manager, the City Clerk shall thereupon certify said cost to the County Auditor of Dubuque Coun- ty, Iowa, and it shall be collected with and in the same manner as general property taxes. Section 5. That the City Clerk be and he is hereby directed to record a certified copy of this Resolution in the office of the Co u n t y Recorder of Dubuque County, Iowa. Passed, adopted and approved this 7th day of September, 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, Council men Kean, Ludwig, Pfohl, Takos, Nays-None. Proof of Publication, certified to by the Publisher, of notice of public hearing to consider the City Manager's report and recom- mendation relative to the delapi. dated buildings owned by Voelker Realty Company % Joseph Voel- ker, President, located at 447 Ar- lington S t r e e t, presented and read. No written objections were filed and no oral objectors were pres- ent in the Chamber at the time set for the public hearing. Mayor Horgan moved that the proof of publication be received and filed. Seconded by Councilman Takos. Carried by the following vote: Yeas - Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays-None. Statement of 288 City of Dubuque, Dubuque Coun- ty, Iowa, to be dismantled and removed. certify- City Clerk I II 291 tain public utility easements which the Owners by said plat have dedi. cated to the public forever; and WHEREAS, said plat has heen examined by the City Planning and Zoning Commission and had its approval endorsed thereon; and WHEREAS, said plat has been examined by the City Council and they find that the same conforms to statutes and ordinances relating thereto, except that street grades have not been 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 1. That the dedications of Hicl:ok Road, together with the easements for public utilities as the same appear upon said plat, be and the same are hereby accepted; Section 2. That the plat of Lot 1 and Lot 2, Block 3 in "Pioneer Hills" in the City of Dubuque, Iowa, be and the same is hereby approved and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa, upon said plat, provided the owners of said property herein named, exe. cute their written acceptance here- to attached agreeing: a. To reduce all streets to grade and to construct concrete curb and gutter and to hard surface Hickok Road with bituminous concrete, or with 6%" concrete paving with integral curb, all in accordance with City of Dubuque standard specifications; b. To install sanitary sewer mains and water service laterals in accordance with plans sub- mitted with the plat; c. To install water mains and water service laterals in accord- ance with plans submitted with the plat; d. To install storm sewers and catch basins in accordance with plans submitted with the plat; e. To install concrete sidewalks as required by City Ordinances, and where directed by the City Engineer and the City Manager; f. To construct the foregoing improvements in accordance with plans and specifications approved by the City Manager, under the inspection of the City Engineer, Adjourned Regular Session, September 7, 1965 ACCEPTANCE OF RESOLUTION NO. 193-65 We, Vincent A. Conrad and Ruth M. Conrad, being familiar with the terms and conditions of the fore- going Resolution No. 193-65 hereby accept the same and agree to per- form the conditions required of us therein. Dated this 7th day of September A.D. 1965. Mayor Horgan moved adoption of the resolution. Seconded by Councilman Kean. Carried by the following vote: Yeas-Mayor Horgan, Council. men Kean, Ludwig ,Pfohl. Takos. Nays-None. 1965 Gentlemen: At a regular meeting of the Dubuque City Planning and Zon- ing Commission held on August 26, 1965 the following action was tak- en: That the Final Plat of Lot 1 and Lot 2 in Block 3 of "Pioneer Hills" Subdivision in the City of Dubuque be approved and for- warded to the City Council for their consideration and recom- mended approvaL Respectfully submitted, DUBUQUE CiTY PLANNlNG AND ZONiNG COMMiSSION F. J. Glab, Secretary Councilman Kean moved approv- al of the recommendation. Second- ed by Mayor Horgan. Carried by the following vote: Yeas-Mayor Horgan, Council- men Kean, Ludwig, Pfohl. Takos. Nays-None. RESOLUTION NO. 194-65 Resolution approving the plat of Lot 1 and Lot 2 in Block 3 of Pioneer 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 Lot 1 and Lot 2, Block 3 in "Pioneer Hills" in the City of Dubuque, Iowa, by Richard C. Henschel and Mildred L. Henschel; and WHEREAS, upon said plat appear streets to be known as Hickok Road, together with cer- Vincent A. Conrad Ruth M. Conrad August 30, To the Honorable Mayor and City Council I ~. 7, 1965 ner approved by the City Man- ager; To maintain the street and sidewalk improvements for a period of four years from the date of their acceptance by the City of Dubuque and to maintain the sanitary sewer and water mains for a period of four years from the date of its acceptance by the City of Dubuque; To provide the foregoing con. struction and maintenance, all at the expense of the subdivid- er, Vincent A. Conrad, owner, and Ruth M. Conrad, his wife. To construct all of said im- provements except the side- walks prior to November 1, 1966, and construct the side- walk improvements prior to November 1, 1967. and further provided, that the said Vincent A. Conrad, as owner of the Subdivision, and Ruth M. Conrad his wife, secure the per- formance of the foregoing condi- tions by providing security in such form and with such sureties as may be acceptable to the City Man- ager; Section 3. That in the event Vincent A. Conrad and Ruth M. Conrad shall fail to execute the acceptance and provide the secur- ity provided for in Section 2 here- of within 45 days from the date of this Resolution, the provisions hereof shall be null and void and the acceptance of the dedication and the approval of the plat shall not be effective. Passed, adopted and approved by unanimous recorded roll call this 7th day of September, A.D. 1965. Attest: Leo F. Frommelt, City Clerk This is to certify that the secur- ity provided by the foregoing Resolution No. 193-65 has been provided by the owner. Dated at Dubuque, Iowa, this 28th day of Sept., 1965. Gilbert D. Chavenelle, City Manager J. Horgan Mayor Richard Ludwig Peter J. Takas Eldon A. Pfohl James J. Kean Councilmen Robert Adjourned Regular Session, September (h) (j Now, Therefore, be it Resolved by the City Council of the City of Dubuque, Iowa: Section 1. That the dedication of the extension of Tomahawk Drive as it appears on said plat, together with easements for public utilities shown thereon, be and the same is hereby accepted; Section 2. That the plat of the Subdivision of Mineral Lot 5a and Lot 2 of Lot 1 of Lot 1 of Mineral Lot 5 in the City of Du- buque, Iowa, to be hereafter known as Indian Park Subdivision No. 2 in the City of Dubuque, Iowa, be and the same is hereby approved, and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque upon said plat, provided the owners of said property hereinafter named, ex- ecute their written acceptance hereto attached, agreeing: (a) To reduce the extension of Tomahawk Drive to grade as shown by the profile submitted with the plat; (b) To surface the extension of Tomahawk Drive as the same appears on said plat for a width of thirty feet from curb to curb with bituminous con- crete with combination con- crete curb and gutter, Type A curb, all in accordance with the City of Dubuque Standard Specifications for bituminous concrete streets and for curb and gutter; To install water mains in ac- cordance with the plans sub- mitted with the plat; To install storm and sanitary sewers in accordance with plan submitted with the plat; To install sanitary sewer and water house laterals for each lot from the mains to the prop- erty line; To construct sidewalks as re- quired by City Ordinances; To construct the foregoing im- provements in accordance with the plans and specifications approved by the City Manager under the inspection of the City Engineer and in the man- inances relating thereto and that the grades have not been estab- lished, or the street graded, or the surfacing, or sewer and water mains installed; (f (g) 290 (d) (e) (c) 293 Attest: Leo F. Frommelt City Clerk Councilman L u d wig moved adoption of the resolution. Sec- onded by Councilman Takas. Car- ried hy the following vote: Yeas - Mayor Horgan, Council- men Kean, Ludwig, Takas. Nays-Councilman Pfohl. September 7, 1965 To the Honorable Mayor and City Council Gentlemen: It is requested that the appoint. ment of Gent M. Wittenberg to the position of Urban Renewal Director for the City of Dubuque be affirmed. Respectfully requested, Gilbert D. Chavenelle City Manager Councilman Ludwig moved af- firmation of the appointment. Sec- onded by Councilman Kean. Car- ried by the following vote: Yeas - Mayor Horgan, Council men Kean, Ludwig, Takas. Nays-Councilman Pfohl. RESOLUTION NO. 197-65 Whereas, the City Manager of City of Dubuque, Iowa has ap- pointed Gent M. Wittenberg as Urban Renewal Director for the City of Dubuque. Now Therefore Be It Resolved By The City Council of City of Dubuque, Iowa: Section 1. That the appointment hy the City Manager of City of Dubuque, Iowa of Gent M. Wit. tenberg to the position of Urban Renewal Director for the City of Dubuque, Iowa, be and the same is hereby approved and confirmed, and the salary for said appaintee be and the same is hereby fixed far the amaunt af Twelve Thau- sand ($12,000.00) Dollars per year. Passed, adopted and approved this 7th day of September, A.D., 1965. J. Horgan Mayor Richard Ludwig Peter J. Takos James J. Kean Cauncilmen 1965 Rohert Adjourned Regular Session, September 7, Passed, adopted and appraved this 7th day of September, 1965. Rabert J. Hargan Mayar Richard Ludwig Peter J. Takos Eldon A. Pfohl James J. Kean Cauncilmen Attest: Leo F. Frommelt City Clerk Cauncilman Takas moved adap- tion of the resalution. Secanded by Councilman Kean. Carried by the follOwing vote: Yeas - Mayar Hargan, Cauncil- men Kean, Ludwig, Pfahl, Takas. Nays-None. RESOLUTION NO. 196-65 Whereas, United S tat e S af America by and thraugh an agen- cy thereof has advanced funds for survey and planning in cannec- tion with a prapased urban re- newal project; and Whereas, a Department af Ur- ban Renewal shauld be created far the City of Dubuque, Iawa in connection with said prapased ur- ban renewal praject; and Whereas, it is necessary to. ap- point a Directar af Urban Renew- al. Naw Therefare Be It Resalved By The City Council of City of Dubuque, Iawa: Section 1. That a Department af Urban Renewal far the City af Dubuque, Iowa be and the same is herehy established. Section 2. That the City Man. ager af the City af Dubuque, Iawa be and he is hereby autharized and empawered to. appaint a Direc- tor of Urban Renewal and such other emplayees as are necessary to. be emplayed far the aperation af said Department af Urban Re- newal, which respective appaint- ment and appointments shall be subject to. the appraval af the City Cauncil and whase respec- tive salaries shall be fixed and estahlished hy the City Council af City of Dubuque, Iawa. Passed, adapted and approved this 7th day of September, A.D., 1965. Attest: Lea F. Frammelt City Clerk Cauncilman L u d wig maved adaption 0 fthe resalutian. Sec- Rohert J. Horgan Mayar Richard Ludwig Peter J. Takos James J. Kean Cauncilmen I f!\ Adjourned Regular Session, September 7, 1965 resalutian No.. 194-65, and being familiar with the cantents thereaf hereby accept the same and agree to. perfarm the canditians therein required. RESOLUTION NO. 19S-65 Relating to local implementa- tion of federal economic oppor- tunity act of 1964 Whereas, the City Cauncil, Du- buque, Iawa, believes that the general welfare of the City may be advanced by apprapriate use af federal pragrams within the City of Dubuque where a deman- strated need exists far the use af federal aid, and Whereas, the City Council is aware af the resaurces which may be available to. the lacal cammu- nity by Public Law 88.452 of the 88th Cangress, cammanly knawn as the Ecanomic Oppartunity Act of 1964, and Whereas, the City Cauncil is aware of the lacal resources avail- able within the community pra- viding health and welfare services and is aware that the Dubuque Area Ecanomic Oppartunity Agen- cy, Inc., an Iowa corparation, has as its primary concern the es- tablishment and assistance af pra- grams designed and dedicated to. meet the health and welfare needs af this cammunity and is a mast suitable arganizatian to. determine the feasibility and need for fed. eral aid pravided under the Eca- nomic Oppartunity Act and re- lated acts. Naw, Therefore, Be It Resalved By The City Council, Dubuque, Iowa, that the Dubuque Area Eco. namic Opportunity Agency, Inc., af Dubuque, Iawa, a nonprafit corparation af the State af Iowa, be and it is hereby recognized by this honorable body as the local authority within the City of Du- buque, State of Iawa, far admin- istratian of the Federal Ecanamic Act of 1964 and related acts. Richard C. Henschel Mildred L. Henschel Dated September 8, 1965. Mayor Horgan moved adaptian of the resalution. Secanded by Councilman Takas. Carried by the fOllawing vate: Yeas - Mayor Hargan, Cauncil men Kean, Ludwig, Pfahl. Takas Nays-None. the seCllrw faregaing been pra- and in a manner approved by the City Manager; g. To maintain the faregaing improvements far a periad af four (4) years from the date of their acceptance hy the City of Dubuque, Iawa; h. To. provide the faregaing caD- structian and maintenance at the sale expense af the Subdivider, Richard C. Henschel and Mildred L. Henschel, as awner; i. To. construct said imprave- ments, except sidewalks, prior to September 6, 1967, and to. con- struct the sidewalks priar to Sep- tember 6, 1969; and further provided that said Richard C. Henschel and Mildred L. Henschel, as awner af said Sub- divisian, secure the perfarmance af the faregoing conditians by pra- viding 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 and Mildred L. Henschel, shall fail to. execute the acceptance and furnish the security pravided far in Sectian 2 hereof within 45 days after the date of this Resalution, the pra- visians hereaf shall be null and vaid and the acceptance af the dedicatian and approval af the plat shall not he effective. Passed, adopted and approved by unanimaus recorded rall call this 7th day of Septemher, A.D., 1965. Rabert J. Hargan Mayar Richard Ludwig Peter J. Takos Eldon A. Pfohl James J. Kean Councilmen Attest: Leo F. Frommelt City Clerk To: Leo F. Frommelt City Clerk. This is to certify that ity required by the Resolution 194.65, has vided by the awners. Gilbert D. Chavenelle City Manager ACCEPTANCE OF RESOLUTION NO. 194-6S Richard C. Henschel and Mildred L. Henschel having read the terms and canditians af the faregaing 292 295 Seconded by Council- Carried by the follow- and filed. man Kean. ing vote: Yeas-Mayor Horgan, Council. men Kean, Ludwig, Pfohl, Takas. Nays-None. RESOLUTION NO. 2CKk\5 WHEREAS, pursuant to resolu- tion and published notice of time and place of hearing, published in the Telegraph-Herald, a news- paper of general circulation pub- lished in the City of Dubuque, Iowa, on August 12, 1965 and on August 19, 1965, City Council of Dubuque, Iowa met on the 7th day of September, 1965, at 7:30 o'clock P.M. Central Standard Time, in the City Council Cham- ber in the City Hall, Duhuque, Iowa, to consider the proposal to dispose of certain real estate at which hearing all interested per- sons were afforded an opportunity to be heard for or against such proposal and which real estate is described as follows, to wit: South one.half of alley lying between 615 English Lane and 651 English Lane to ARTHUR J. POTZER and GENEVA J. POTZER and the North one-half of alley lying between 615 English Lane and 651 English Lane to THOMAS G. GOODMAN and GERALD- iNE M. GOODMAN, LEO A. ADAMS and RUTH A. AD. AMS. KENNETH J. PALM and JUNE C. PALM. Adjourned Regular Session, September 7, 1965 Council of the City of Dubuque, that the recommendaiton of the City Manager be approved and that said improvement be and the same is hereby accepted and the City Engineer be and is here- by directed to prepare a plat and schedule showing the lots or par- cels of real estate subject to as- sessment for said improvement and file the same in the of- fice of the City Clerk subject to public inspection and said Clerk shall upon receipt of such plat and schedule publiSh the notice of the Council's intention to levy special assessments therefor, as required by law. BE IT FURTHER RESOLVED, that the City Treasurer be and he is hereby directed to pay to the contractor from the funds to be realized from the sale of street improvement bonds issued 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 7th day of September, 1965. Robert J. Horgan Mayor Richard Ludwig Peter J. Takas Eldon A. Pfohl James J. Kean Councilmen Adjourned Regular Session, September 7, 1965 10. Devon Drive from the N.P.L. of Dodge Street to the S.P .L. of Mineral Street. 11. South Locust Street from the N.P.L. of Railroad Avenue to the S.P.L. of Dodge Street. 12. East Fifteenth Street from the E.P .L. of Sycamore Street to a point 450' east of the E.P.L. of Sycamore Street. has heen completed and the City Engineer has submitted his final estimate showing the cost thereof including the cost of estimates, notices, inspection, and preparing the assesment and plat, now there~ fore, Be 11 Resolved, by the City Council of the City of Dubuque, That the cost of said improve~ ment is here by determined to be $88,672.28. T hat $67,321.02 of the cost thereof shall be assessahle upon private property and $5,900.00 State of iowa Share and $15,451.26 shall be paid from the Street Const. Road Use Tax Fund 135 Fund of the City of Dubuque. Passed, adopted and approved this 7th day of September 1965. Robert J. Horgan Mayor Richard Ludwig Peter J. Takos Eldon A. Pfohl James J. Kean Councilmen I 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 and to the real estate described as South one-half of al~ ley lyIng between 615 English Lane and 651 English Lane to ARTHUR J. POTZER and GEN. EVA J. POTZER for the sum of One Hundred Twenty-Five Dol- lars ($125.00): and payment of costs of publication; and 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, hwa, in and to the real estate described as North one-half of alley lying between 615 English Lane and 651 English Lane to THOMAS G. GOODMAN and GER. Attest: Leo F. Frommelt, City Clerk Mayor Horgan moved adoption of the resolution. Seconded by Councilman Ludwig. Carried by the following vote: Yeas-Mayor Horgan, Council- men, Kean, Ludwig, Pfohl, Takos. Nays-None. Proof of Publication, certified to by the Publisher, of notice of public hearing to consider proposal to dispose of the alley lying be- tween 615 and 651 English Lane to Arthur J. & Geneva P. Patzer, Thomas G. & Geraldine M. Good- man, Leo A. & Ruth A. Adams, Kenneth J, & June C. Palm, at an agreed purchase price of $250., 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 h j ~I 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, Takas Nays-None. (A Resolution Accepting Improve- ment and Directing the Clerk to Publish Notice.) RESOLUTION NO. 199-65 WHEREAS, the contract for the City of Dubuque 1965 Bituminous Concrete Paving Project No.1 has been completed and the City Man- ager has examined the work and filed his certificate stating that the same has been completed ac- cording to the terms of the con- tract, plans and specifications and recommends its acceptance, now therefore, BE IT RESOLVED, City the by Car- 1965 This is to advise you that the City of Dubuque 1965 Bituminous Concrete Paving Project No.1 has bee n completed in accordance with the City of Dubuque plans and specifications. I, therefore, recommend the ac ceptance of the above named proj ecl. Respectfully submitted, Gilbert D. ChaveneIle City Manager Mayor Horgan moved that the recommendation of the City Man- ager be approved. Seconded by Councilman Ludwig. Carried by the following vote: Yeas - Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays-None. FINAL ESTIMATE RESOLUTION NO. 198.65 Whereas, the contract for the City of Dubuque 1965 Bituminous Concrete Paving Project No. 1 on the following named alley and streets: 1. Alley between Central A ve- nue and White Street from 17th to 18th Streets. 2. Alpha Avenue from the N.P.L. of Illinois Avenue to the S.P.L. of Pennsylvania Ave. 3. Alpha Avenue from the N.P.L. of Indiana Avenue to the S.P.L. of Van Buren St. 4. Atlantic Street from the N.P.L. of Dexter Street to the S,P,L. of No. Grandview Ave, 5. Enid Avenue from the N.P.L, of lllino!s AVe. to the S.P.L. of Pennsylvania AVe. 6. Fillmore Street from the E.P.L. of Adair Street to the Alley east of Adair St. 7. Gilliam Street from the S.P.L. of University Avenue to the N.P.L. of West St. 8. Lincoln Avenue from the N.P.L. of Hamilton Street to the W.P.L. of Rhomberg Ave. 9. Wood Street from the S.P.L. of Loras Blvd. to the N.P.L. of University Avenue. onded by Councilman Kean, ried by the following vote: Yeas - Mayor Horgan, Counci men Kean, Ludwig, Takas. Nays-Councilman Pfohl. 31, 294 August The Honorable Mayor and City Council Gentlemen: 297 Attest: Leo F. Frommelt City Clerk Councilman Kean moved adop- tion of the resolution. Seconded by Conacilman Pfohl. Carried by the following vote: Yeas - Mayor Horgan, Council men Kean, Ludwig, Pfohl. Takas, Nays-None. A.D. I ORDINANCE NO. 30-65 Approving plat of alleys en- closed by DOdge Street on the North, South Hill Street on the East, Curtis Street on the South and York street on the west and vacating said alleys, 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, Takas. Nays-None. Councilman Kean moved that the rule reqUiring reading of the ordinance on three separate days be waived. Seconded by Council- man Ludwig. Carried by the fol. lowing vote: Yeas - Mayor Horgan, Council- men Kean, LUdwig, Piohl. Takos Nays-None. ORDINANCE NO. 30-65 ORDINANCE APPROVING PLAT OF ALLEYS ENCLOSED BY DODGE STREET ON THE NORTH. SOUTH HILL STREET ON THE EAST, CUR- TIS STREET ON THE SOUTH AND YORK STREET ON THE WEST AND VACATING SAID ALLEYS. WHEREAS, the public alleys enclosed by Dodge Street on the north, South Hill Street on the east, Curtis Street on the south and York Street on the west have been platted, and plat pre- pared by Warner R. Wright, Licensed Land Surveyor of Cullen-Schiltz & As. sociates, Inc., bearing date of February 15, 1965, and which alleys shall here. after be known and described as fol. lows: Lot 2A of Physician's Place; Lots 5A, 5B, 5C, 5D, 5E. 6A, 9A, lOA, llA, and 12A of the Subdivision of Mineral Lot 149, all in the City of DUbuque, Iowa; and WHEREAS, the City CouncIl of the City of DUbuque has examined said Roher! J. Horgan Mayor Richard Ludwig Peter J. Takos Eldon A. pfohl James J. Kean Councilmen Now Therefore, Be It Resolved By the City Council of the City of Dubuque, Iowa: Section 1. That the disposal of the interest of City of Dubuque, Iowa in and to the following de- scribed real estate: Westerly ten feet of Lot 3 in Grigg's Subdivision in the City of Dubuque, Iowa to Donald H. Pfohl and Joan F. Pfohl, upon receipt of the pay. ment of costs of publication. Section 2. That the Mayor and City Clerk are hereby authorized and directed to execute the Quit Claim Deed of City of Duhuque, Iowa, conveying to Donald H. Pfohl & Joan F. Pfohl, all of its rights, title and interest in and to the real estate hereinabove de- scribed upon receipt of the pay- ment of costs of publication, and no abstract of title shall he furnished. 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 Duhuque County Re- corder in and for Dubuque County, Iowa, immediately after delivery of Deed to purchasers. Passed, adopted and September 7, 1965 this 7th day of September, 1965. Adjourned Regular Session, of general circulation published in the City of Dubuque, Iowa, on August 8, 1965 and August 16, 1965, City Council of DUbuque, Iowa met on the 7th day of September, 1965, at 7:30 o'clock P.M. Central Standard Time, in the City Council Chamher in the City Hall, Dubuque, Iowa, to consider the proposal to dispose of cer- tain real estate at which hearing all interested persons were af~ forded an opportunity to be heard for or against such proposal and which real estate is described as follows, to wit: Westerly ten feet of Lot 3 in Grigg's Subdivision in the City of Dubuque, Iowa. 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 Donald H. Pfohl and Joan F. Pfohl, husband and wife as joint tenants upon receipt of the payment of costs of publica- tion. Adjourned Regular Session, September 7, 1965 interest in and to the real estate hereinabove described as North one-half of alley lying hetween 615 English Lane and 651 English Lane upon receipt of payment of One Hundred Twenty.Five ($125.00) Dollars, plUS costs of publication, and no abstract of title shall be furnished. Section 4. That the City Clerk be and he is hereby authorized and directed to record a certified copy of this Resolution in the of- fice of the Dubuque County Re. corder in and for Dubuque County, Iowa, immediately after deliv- ery of Deed to the respective pur. chasers. Robert J. Horgan Mayor Richard Ludwig Peter J. Takos Eldon A. Pfohl James J. Kean Councilmen Passed, adopted and approved this 7th day of Septemher, A.D. 1965. 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. Proof of Publication, certified to by the Publisher, of Notice of pub. lie hearing to dispose of interest in the westerly ten feet of Lot 3 in Grigg's Subdivision to Donald H. & Joan F. pfohl, presented and read. approved No written objections were filed and no oral objectors were present in the Council Chamber at the time set for the public hearing. Councilman Ludwig moved that the proof of publication be receiv- ed and filed. Seconded by Council. man Takos. Carried by the follow- ing vote: Yeas-Mayor Horgan, Council- men Kean, Ludwig, Pfohl. Takos Nays-None. RESOLUTION NO. 201-65 WHEREAS, pursuant to resolu- tion and published notice of time and place of hearing, published in the Telegraph-Herald, a newspaper ALDlNE M. GOODMAN, LEO A. ADAMS and RUTH A. ADAMS, KENNETH J. PALM and JUNE C. PALM for the sum of One Hundred Twenty.Five ($125.00) DoIlars and payment of costs of publication. Now Therefore be it Resolved by the City Council of the City of Dubuque, Iowa: Section 1. That the disposal of the interest of City of Dubuque, Iowa in and to the following de- scribed real estate: South one.half of alley lying between 615 English Lane and 651 English Lane in the City of Dubuque, Iowa to ARTHUR J. POTZER and GEN. EVA J. POTZER for the sum of One Hundred Twenty.Five Dollars plus costs of publication; and the disposal of interest of City of Du- buque, Iowa, in and to the follow- ing described real estate: North one.half of alley lying between 615 English Lane and 651 EngliSh Lane to THOMAS G. GOODMAN and GERALDlNE M. GOODMAN, LEO A. ADAMS and RUTH A. ADAMS, KENNETH J. PALM and JUNE C. PALM, for the sum of One Hun- dred Twenty-Five ($125.00) DoIlars plus costs of publication in pro- portion as said respective North one-hall of said alley abutts the property of the respective grantees thereof, be and the same is hereby approved. Section 2. That the Mayor and City Clerk are hereby authorized and directed to execute the Quit Claim Deed of City of Dubuque, Iowa conveying to ARTHUR J. POTZER and GENEVA J. POTZ- ER, all of its rights, title and interest in and to the real estate hereinabove described as South one~half of alley lying between 615 English Lane and 651 English Lane upon receipt of payment of One Hundred Twenty.Five ($125.. 00) Dollars, plus costs of publica. tion and no abstract of title shall be furnished. 296 Section 3. That the Mayor and City Clerk are hereby authorized and directed to execute the Quit Claim Deed of City of Dubuque, Iowa conveying to Thomas G. Goodman and Geraldine M. Good- man, Leo A. Adams and Ruth A. Adams, Kenneth J. Palm and June C. Palm all of its rights, title and II 299 proved, subject upon the following terms and conditions: (a) That Bradley Iron Works, Inc. shall construct and erect a new manufacturing enterprise on said premises and construction of said facility shall be started with- in six months of delivery of deed, and in the event that the purch- aser fails to comply with this pro- vision title to the real estate here- inabove described shall revert to the City and the purchase price less damages incurred by the City shall be refunded to the pur- chaser. (b) Construction of the building and use of said premises by Brad- ley Iron Works, Inc. shall be in accordance with provisions of City of Dubuque Ordinance No. 3-34, known as the Zoning Ordinance of the City of Dubuque, Iowa, as amended hy Ordinance No. 33-59, estahlishing and defining "Re. stricted Industrial District", (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, and subject' to easements of record. Section 2. That the City Clerk be and he is hereby authorized and directed to publish notice of intent to dispose of interest in real estate as is by law required. Passed, adopted and approved this 7th day of September, A.D., 1965. 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, Takas Nays-None. RESOLUTION NO. 204-65 Resolution approving plat of public alley located between Sumner Street and Front Street lying south of the south prop- erty line of Lincoln Avenue to Robert J. Horgan Mayor Richard Ludwig Peter J. Takos Eldon A. Pfohl James J. Kean Councilmen Adjourned Regular Session, September 7, 1965 ap- RESOLUTION NO. 203-65 WHEREAS, on August 13, 1965, the Mayor's Industrial Committee comprised of Robert Horgan, Mayor of City of Dubuque, Joseph Voelker, Chairman, Dock Board and Robert E. Dorothy, Manager Industrial Bureau, filed communi- cation with the City Council of Dubuque, Iowa, recommending the sale of approximately 2.92 acres in Blocks 16 and 17, River Front Subdivision, which shall hereafter he platted and described as fol- lows: Lot 2 of Block 17 in "River Front subdivision #3," Lot 1 of Block 16 in "River Front Subdivision #3", all in the City of Dubuque, Iowa, containing 2.92 acres, more or less, for the sum of $3.500.00 per acre to Bradley Iron Works, Inc., an Iowa Corporation; and WHEREAS, the sale to Bradley Iron Works, Inc. of the real estate hereinabove described for the sum of $3,500.00 an acre, upon the terms and conditions hereinafter set forth should he approved. Now There Be It Resolved by the City Council of the City of Dubuque, Iowa: Section 1. That the sale to Bradley Iron Works. Inc. for the sum of $3,500.00 per acre which real estate is described as follows Lot 2 of Block 17 in "River Front subdivision #3" Lot 1 of Block 16 in "River Front Subdivision #3", all in the City of Dubuque, Iowa, containing 2.92 acres more or less, be and 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, Takas. Nays-None. A.D. Robert J. Horgan Mayor Richard Ludwig Peter J. Takas Eldon A. Pfohl James J. Kean Councilmen hereby September, is same this 7th day of 1965. the III1II llr , I Adjourned Regular Session, September 7, 1965 lOA, llA, and 12A of the Sub- division of Mineral Lot 149, all in the City of Dubuque, Iowa have been vacated; and WHEREAS, Erdman Enterprises, Inc., Frederick Fuerste and Marion Fuerste, Frederick Fuerste, M.D., Eugene W. Coffman, M.D. and Thomas J. Benda, M.D. and Laura C. Lorenzen and Florence V. Lorenzen, and Harold J. Heller and Wilma M. Heller, are owners of property abutting the vacated pUblic alleys hereinabove de. scribed and have petitioned the City Council of City of Dubuque for conveyance of such parts of the vacated public alleys as abut their respective properties. Now Therefore, Be It Resolved By the City Council of the City of Dubuque, Iowa: Seclion 1. That the disposal by the City of Dubuque of the follow- ing described real estate to the fallowing named persons be and the same is hereby approved, sub- ject however, that easement be reserved by City of Dubuque for storm sewer, sanitary sewer and water main and easement for public utilities, to wit: Description Grantees Lot 2A of Physician's Place in the City of Dubuque, Iowa; Erdman Enterprises, Inc. Lots 5A, 5B, 5C, and 6A of the Subdivision of Mineral Lot 149 in the City of DUbuque, Iowa, subject to easement reserved; Frederick Fuerste, M.D., Eugene W. Coffman, M.D., Thomas J. Benda, M.D. Lot 5D and 5E of the Subdivision of Mineral Lot 149 in the City of Dubuque, Iowa, subject to easement reserved; Frederick Fuerste, Jr., M.D., Marion Fuerste. Lot 9A of Mineral Lot 149 in the City of Dubuque, Iowa; Laura C. Lorenzen, Florence V. Loren- zen. Section 2. That the disposal of the real estate hereinabove de~ scribed shall be for the considera- tion of $100.00, plus costs of publication. Seclion 3. That the City Clerk be and he is hereby authorized and directed to publish notice of intent to disnose of interest in real estate as is .by law provided. Passed, adopted and approved Attest. Leo F. Frommelt City Clerk. . Published officially in The Telegraph- Herald Newspaper this 13th day of September, 1965. Leo F. It.-9-13 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. RESOLUTION NO. 202-65 WHEREAS, certain public alleys described as follows: Lot 2A of Physician's Place; Lots 5A, 5B, 5C, 5D, 5E, 6A, 298 plat and same should be approved and the Mayor and City Clerk should be authorized and empowered to execute the same for and on behalf of the City of Dubuque; and WHEREAS, owners of property abut. ting said respective alleys have petition- ed the City Council for vacation of said alleys; and WHEREAS, the Planning and Zoning Commission of the City of Dubuque has approved the vacation of said alleys hereinabove described subject however, to the City of Dubuque reserving ease. ment for storm sewer sanitary and water and easement for publiC utilities in and to the following described real estate: Lots 5C, 5D, 5E and 5B of the Sub- division of Mineral Lot 149, in the City of Dubuque, Iowa. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the plat of the public alleys bounded by Dodge Street on the north, South Hill Street on the east, Curtis Street on the south and York Street on the west, which alleys shall hereafter be known and described as followS: Lot 2A of Physician's Place, Lots 5A, 5B, 5C, 5D, 5E, 6A, 9A, lOA, llA and 12A of the Subdivision of Mineral Lot 149, all in the City of Dubuque, Iowa. be and the same is hereby approved and the Mayor and City Clerk be and they are hereby authorized and direct- ed to execute said Plat for and on be. half of City of Dubuque, Iowa. Section 2. That the public alleys known and described as follows: Lot 2A of Physician's Place and Lots 5A, 5B, 5C. 5D, 5E, 6A, 9A, lOA, llA, and 12A of the Subdivision of Mineral Lot 149, all in the City of Dubuque, Iowa. be and the same are hereby vacated as said alleys no longer serve any public purpose, subject however, that the City of Dubuque reserves a perpetual easement in and to Lots 5C, 5D, 5E and 5B of the Sub- division of Mineral Lot 149 in the City of Dubuque, Iowa for storm sewer, sanitary sewer, water main and easement for public utilities. Passed, adopted and approved this 7th day of September, A.D., 1965 Robert J. Horgan, Mayor. Richard Ludwig Peter J. Takos Eldon A. Pfohl James J. Kean Councilmen Frommelt, City Clerk. I 301 Yeas -- Mayor Horgan, Council. men Kean, Ludwig, Pfohl, Takas. Nays-None. August 30, 1965 To the Honorable Mayor and City Council Gentlemen: At a regular meeting of the Dubuque City Planning and Zon- ing Commission held on August 26, 1965 the following action was taken: That the final plat of "Joseph Vogt Subdivision No.2" be ap~ proved and forwarded to the City Council for consideration and rec- ommended approval. Respectfully suhmitted, Dubuque City Planning and Zoning Commission F. J. Glah, Secretary Councilman Kean m 0 v e d ap- proval of the recommendation. Seconded by Councilman Ludwig. Carried by the following vote: Yeas - Mayor Horgan, Council- men Kean, Ludwig, PIohl, Takas. Nays-None. RESOLUTION NO. 206-65 Resolution Approving the Plat of Joseph Vogt Subdivision Number 2 in the City of Du- buque, Iowa Whereas, there has been filed with the City Clerk of Dubuque a plat on which "Lot 1 of Lot 2 of Lot 163 in L. H. Langworthy's Addition in the City of Duhuque, Iowa, according to the Plat there- of in Book #19, page 267 records of Dubuque Co u n t y, Iowa" is platted as follows; to-wit: Lot 1, Lot 2, Lot 3, Lot 4 and Lot 5 of Joseph Vogt Subdivi. sian Number 2 hy Joseph D. Vogt, Jr. and his wife, Martina A. V ogt, as owner thereof; Whereas, said Plat has been examined by the City of Dubuque Planning and Zoning CDmmissiDn and apprDved by said CDmmission; and Whereas, said plat has been found by the City Council to con. form to. the statues and ordinances relating thereto.; NDW, Therefore, Be It Resolved by the City Council of the City of Dubuque, IDwa: Section 1. That the plat Df Jo- seph Vogt Subdivision Number 2 is hereby approved and the Mayor and City Clerk are hereby authDr- 1965 Adjourned Regular Session, September 7, of It.-9-13 CDuncilman Kean moved adDp- tion of the Ordinance. Seconded by Mayor Horgan. Carried by the follDwing vote: Yeas - Mayor Horgan, CDuncil- men Kean, Ludwig, Pfohl, Takos. Nays-None. RESOLUTION NO. 205-65 Whereas, the owner Df the real property abutting the public alley platted and described as Lot 354 "A" and Lot 362 HA" in Eagle Point of Ham's Addi: tion to the City of Dubuque 1854, in the City of Dubuque, IDwa which has heretofore been vacat- ed, have petitioned the City Caun- cil fDr canveyance thereaf; and Whereas, canveyance by the City of Dubuque of Lot 354 "An to Dubuque Boat Club, Inc., and canveyance to. Dubuque Lumber & Coal CD. o.f Lot 362 "A" shauld be approved for the sum of $10.00 and $10.00 respectively plus costs Df publicatian. NDW Therefare Be It Resalved By The City Council of The City af Dubuque, IDwa: Section 1. That conveyance to. Dubuque Boat Club, Inc. of Lot 354 "An for the sum of $10.00 and canveyance to' Dubuque Lum- ber & Coal Co. of Lot 362 "A" for the sum of $10.00, plus costs of publication which s hall be borne by each grantee equally be and the same is hereby appraved. Section 2. That the City Clerk be and he is hereby directed and 'autharized to publish natice af intent to dispose af interest in real estate as is by law required. Passed, adapted and appraved this 7th day of September, A.D., 1965. Attest: Lea F. FrDmmelt City Clerk Councilman Kean moved adap- tion of the resDlution. Seconded by Councilman Pfohl. Carried by the following vote: Robert J. Horgan Mayor Richard Ludwig Peter J. Takos Eldon A. Pfohl James J. Kean CDuncilmen O<tY this 13th F. Frommelt City Clerk. Herald Newspaper september, 1965. Leo \ t \ , Adjourned Regular Session, September 7, 1965 or Ham's Addition to of Dubuque, Iowa, presented and read. CDuncilman Kean maved that the reading just had be cansid- ered the first reading Df the Ordi- nance. Seconded by MaYDr Hor- gan. Carried by the following vote: Yeas - Mayar Horgan, CDuncil- men Kean, Ludwig, Pfohl, Takas. Nays-None. Councilman Kean moved that the rule requiring an ordinance to. be read on three spearate days be waived. Seconded by Mayor Horgan. Carried by the following vote: ORDINANCE NO. 31-65 ORDINANCE VACATING PUBLIC AL- LEY LOCATED BETWEEN SUMNER STREET AND FRONT STREET L Y- ING SOUTH OF THE SOUTH PROP- ERTY LINE OF LINCOLN AVENUE TO THE SOUTH PROPERTY LINE OF LOT 1 OF THE SUBDIVISION OF LOT 357 EAGLE POINT OR HAM'S ADDITION TO THE CITY OF DU- BUQUE, IOWA. WHEREAS, the owners of the prop- erty abutting the pUblic alley located between Sumner Street and Front Street lying south of the south property line of Lincoln A venue to the south property line of Lot 1 of the Sub- division of Lot 357 Eagle Point or Ham's Addition to the City of Du- buque, Iowa, have petitioned the City Council for vacation thereof; and WHEREAS, the Planning and Zoning Commission of the City of Dubuque, Iowa, have approved the vacation of part of said alley as hereinabove de- scribed. THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the part of public alley located between Sumner Street and Front Street lying south of the south property line of Lincoln Avenue to the south property line of Lot 1 of the Subdivision of Lot 357 Eagle Point or Ham's Addition to the City of Du- buque, Iowa, be and the same is hereby vacated as said described alley no longer serves any pUblic purpose, sub- ject however, to existing easements therein for storm sewers, sanitary sew- er and water mains and easements for public utilities which easements are hereby specifiCally reserved. Section 2. That the City Clerk be and he is hereby authorized and direct- ed to file a certified copy hereof in the office of the Recorder in and for Dubuque County, Iowa. Passed, adopted and approved this 7th day of September, A.D., 1965. Robert J. Horgan, Mayor Richard Ludwig Peter J. Takos Eldon A. Pfohl James J. Kean Councilmen. in The Telegraph. the City Yeas - Mayor Hargan, Cauncil men Kean, Ludwig, Pfohl, Takas Nays-Nane. Attest: Leo F. Frommelt, City Clerk Published Officially 300 the south property line of Lot 1 of the Subdivision of Lot 357 Eagle Paint or Ham's Addition to the City of Dubuque, Iowa. Whereas, there has been pre- pared a plat of the puhlic alley described in the captiDn hereof by Bartels, McMahan & LeMay, Engineers, dated July 1, 1965: and Whereas, the City CDuncil of the City of Dubuque has examined the same and approves the same. Now Therefore Be It Resolved By The City Council of The City of Dubuque, IDwa: Section I. That the plat of the public alley IDeated between Sum- ner Street and Front Street lying south of the south property line of Lincoln Avenue to. the sDuth property line of Lot 1 of the Suh- division of Lot 357 Eagle Point or Ham's AdditiDn to the City af Dubuque, Iowa, which real estate shall hereafter be knawn and de- scribed as follDWS: Lot 354 "A" and Lot 362 "A" in Eagle Point or Ham's Addi- tion to the City of Dubuque 1854; in the City of Duhuque, IDwa, be and the same is hereby ap- prDved. Section 2. That the Mayor and City Clerk be and they are hereby authorized and directed to exe- cute said Plat for and on behaU of the City of Dubuque. Passed, adDpted and approved this 7th day of Septemher, A.D., 1965. Rohert J. Horgan Mayar Richard Ludwig Peter J. Takas Eldon A. Pfohl James J. Kean Attest: Leo F. Frommelt City Clerk Cauncilman Kean maved adop- tion af the resalution. Seconded by Couucilman Pfohl. Carried by the following vote: Yeas _ Mayor Hargan, Cauncil- men Kean, Ludwig, Pfohl, Takas. Nays-None. ORDINANCE NO. 31-65 Ordinance Vacating public alley located between Sumner Street and Front Street lying south of the south property line of Lin- coln Avenue to the south prop- erty line of Lot 1 of the Sub- division of Lot 357 Eagle Point I ~ ~. " r !. , I:":: rilil 'I~il 1':'1 ,,"' ~. ~I,!:~! irl lel'l' I ~"l' !, ~;:: i! ",' IT'l lP': i!i\ - 303 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. 209.65 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. Name Address PERMIT 1187 iowa Main Av. Central Central enue Joseph P. Avenue John J. Cavanaugh, Avenue Cyril Meitl, 1555 Central Avenue Theodore J. Ferring, 385 East 13th Street George Zillig, 127 West 6th Street Florence F. Brede Herburger, 2987 Jackson Street Helen Lanser, 2422 Central Avenue Robert F. Bowen, 5th 8th Avenue Thelma F. Mardauss, 1091 White Street Ravis Parker, 1399 Jackson Street Leona R. Friedman, 620 East 16th Street Central 1292 1046 698 Adjourned Regular Session, September 7, 1965 tlB" BEER Scherer, 1701 Pusateri Helling, CLASS Mrs. Emma Street Michael F. Street Francis T. Kohl, Home Finance Administrator be requested to make a determination tha tthe agreement dated on the 26th day of June, 1947 be termin- ated and that the City of Du- buque be relieved of all liability thereunder. This Resolution is adopted pur- suant to the authority provided by Chapter 368 of the 1962 Code of Iowa and Ordinance No. 250-51 of City of Dubuque, Iowa. Passed, adopted and approved this 7th day of September, AD 1965. J. Horgan Mayor Richard Ludwig Peter J. Takas Eldon A. Pfohl James J. Kean Attest: Leo F. Frommelt, City Clerk 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. RESOLUTION NO. 208-65 BE 1T 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 Mt. St. Bernard Seminary, Inc. (Effective Oct. 1, 1965), 2360 Carter Road Thelma R. Mardauss, 1091 White Street Ravis Parker, 1399 Jackson Street BE IT FURTHER RESOLVED that the bonds filed with the appli- cation be approved. Passed, adopted and approved this 7th day of September, 1965. Robert J. Horgan Mayor Richard Ludwig Peter J. Takas Eldon A Pfohl James J. Kean Councilmen Attest: Leo F. Frommelt, City Clerk Councilman Ludwig moved adop- Robert CLASS "C" BEER PERMIT Thomas A. Oeschger, 815 West 5th Street Walter W. Avenue C. Randalls Foodarama, Inc. Dodge Street Plaza 20 Passed, adopted and approved this 7th day of September, 1965. Robert J. Horgan Mayor Richard Ludwig Peter J. Takos Eldon A Pfohl James J. Kean Councilmen Jackso} 2600 Kaufmann 2401 205 Knol Keuter, Delbert Street Adjourned Regular Session, September 7, 1965 same and agrees to perform conditions therein required. Joseph D. Vogt Jr. Martina A. V ogt Dated Septemher 13, 1965 Councilman Kean moved adop- tion of the resolution. Seconded by Councilman Ludwig. Carried by the following vote: Yeas - Mayor Horgan, Council. men Kean, Ludwig, Pfohl, Takos Nays-None. RESOLUTION NO. 207-65 PROJECT NO. IOWA 13.P-217 WHEREAS, the United States of America has heretofore made an advance, pursuant to an agreement dated June 26, 1947 to the City of Dubuque, and Dubuque County, Iowa, in the amount of One Hun- dred Twenty Thousand ($120,000.. 00) Dollars for the purpose of plan preparation of the public work de- scribed in the agreement as a "COUNTY COURT HOuSE-CITY HALL and JAlL BUlLDlNG COM- BINED"; and WHEREAS, by the use of the Federal advance the City of Du- buque and Dubuque County caused to be prepared plans and specifica- tions for the public work described in the aforesaid agreement; and WHEREAS, no construction has been undertaken of the project or any portion thereof described in the aforesaid agreement dated as of the 26th day of June, 1947, to date hereof; WHEREAS, there is no reason- able likelihood of the planned pro. ject or any portion thereof being undertaken because substantial changes in popUlation and com- munity needs have taken place which make construction of the public work planned with such an advance no longer necessary or desirable and substantial changes in technology make construction of the public work planned with such an advance no longer necessary or desirable and in support hereof Exhibits "A", uB" and "C" are hereto attached and by reference made a part hereof. Now Therefore, be it Resolved by the City Council of Duhuque that as there is no reasonable like- lihood of the project or any por- tion thereof as planned with the Federal advance ever being placed under construction for the reasons set forth above, the Housing and the ized and directed to endorse the approval of the City of Dubuque, Iowa upon said plat; provided that the owner of said property hereinafter named execute his w r i t ten acceptance hereto at- tached agreeing: (a). To construct sidewalks ac. cording to the City of Dubuque o r din a n c e s and specifications, wherever such subdivision abutts a platted street; (b). To provide the foregoing construction and maintenance at the sole expense of the subdivider as owner; (c). To construct said improve- ments prior to August 31, 1966; and (d). To secure the performance of the foregoing conditions by providing security in such sums and with such sureties as may he acceptable to the City Manager of Dubuque. Section 2. That in the event Joseph D. Vogt, Jr. shall fail to execute the acceptance and pro. vide the security required in Section 1. hereof within farty five (45) days from the date of this resolution, such Section 1. hereof shall be null and void and the acceptance of the plat will not be effective. Passed, adopted and approved by recorded roll call vote this 7th day of September, A.D., 1965. Robert J. Horgan Mayor Richard Ludwig Peter J. Takas Eldon A. Pfohl James J. Kean Councilmen 302 Attest: Leo F. Frommelt City Clerk Certification This is to certify that the se- curity requested by the foregoing Resolution No. 206.65 has been provided by the owner. Dated at Dubuque, Iowa, this 16th day of September, 1965. Gilbert D. Chavenelle City Manager Acceptance of Resolution No. 206.65 Joseph D. Vogt, Jr. having read the terms and conditions of the foregoing Resolution No. 206-65 and being familiar with the con- tents thereof, hereby accepts the I 305 by Councilman Takos. Carried by the following vote: Yeas - Mayor Horgan, Council~ men Kean, Ludwig, pfohl, Takas. Nays-None. There being no further business Mayor Horgan moved to adjourn. Seconded hy Councilman Pfohl. Carried by the following vote: Yeas - Mayor Horgan, Council. men Kean, Ludwig, pfohl, Takas. Nays-None. 1965 1965 Leo F. Frommelt City Clerk. Adjourned Regular Session, September 7, 1965 City Clerk Councilmen Approved Adopted Attest: RESOLUTION NO. 212-65 WHEREAS, applications for Liquor Permits were filed hy 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 Lsw and all City ordinances relevant thereto and they have filed proper honds; Now Therefore Be It Resolved hy the City Council of Dubuque, Iowa, that the Manager be author- ized to cause to be issued to the following named applicants a Liquor Permit. Name Address CLASS "c" COMMERCIAL ESTABLISHMENT John Cavanaugh, 698 Central Avenue Leo B. Grass, 1105 University Avenue Thelma F. Mardauss, 1091 White Street Passed, adopted and approved this 7th day of September, 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 ~ RESOLUTION NO. 211-65 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 com. pliance with the terms of the Iowa Liquor Control Act-Chapter 123 -as amended by the 60th General Assembly, 1963. Name University 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. Session, September 7, 1965 cants be and the same are hereby approved. Passed, adopted and approved this 7th day of September, 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 hy the fol. lowing vote: Yeas-Mayor Horgan, Council- men Kean, Ludwig Pfohl, Takos Nays-None. Add.... CLASS "C" COMMERCIAL ESTABLISHMENT John Cavanaugh, 698 Central Avenue Leo B. Grass, Avenue Thelma F. Street Passed, adopted and approved this 7th day of Septemher, 1965. Robert J. Horgan Mayor Richard Ludwig Peter J. Takos Eldon A. Pfohl James J. Kean Councilmen White 1091 1105 Mardauss, RESOLUTION NO. 210-65 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. Kohl enue Joseph P. Helling, enue John J. Cavanaugh, Avenue Cyril MeitI, 1555 Central Avenue Theodore J. Ferring, 385 East 13th Street George Zillig, 127 West 6th Street Florence F. Brede Herburger, 2987 Jackson Street Helen Lanser, 2422 Central Avenue Robert F. Bowen, 5th 8th Avenue Thelma Mardauss, 1091 White Street Ravis Parker, 1399 J acksou Street Leona R. Friedman, 620 East 16th Street CLASS "C" BEER PERMIT Thomas A. Oeschger, 815 West 5th Street Walter W. Knoll, 205 Kaufmann Avenue Delbert C. Keuter, 2401 Jackson Street Randalls Foodarama, Inc., 2600 Dodge Street Plaza 20 BE iT FURTHER RESOLVED that the bonds filed by such appli. Av- Av- Central Name Address CLASS "B" BEER PERMIT Mrs. Emma Scherer, 1187 Iowa Street Michael F. Street Francis T. Main 304 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. Adjourned Regular 1701 1046 Central Central 1292 698 Pusater 307 hy Mayor Horgan. Carried hy following vote: Yeas - Mayor Horgan, Council- men Kean, Ludwig, Pfohl. Takas. Nays-None. Septemher 17, the 1965 City Council City Hall Dubuque, Iowa Attention: Mr. Gilhert Chavenelle Gentlemen: Enclosed is a state warrant for $529,199.00, which is the amount allowed by the Office of Emer. gency Planning as an advance of funds in connection with your approved project application. Your attention is called to the fact that, hy signing the original application you have agreed that: 1. Any funds advanced, which are excess to the approved actual expenditures as accepted by final audit of the project hy the Federal Government, shall be promptly refunded. 2. In the event the approved amount of the project application is reduced, the advance applicable to the amount of the reduction must he promptly refunded. 3. Any interest received on ad- vances must be refunded to the Office of Emergency Planning. Please let me know when all project work is completed and all bills paid. Very truly yours, H. Garland Hershey State Disaster Coordinator Mayor Horgan moved that the communication be received and filed. Seconded by Councilman Takos. Carried by the following vote: Yeas - Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays-None. Communication 0 f Dubuque Community Development Advisory Committee recommending that the Council form a Building Inspec- tion team comprised of the Build- ing Commissioner and Building Inspectors, also an architectural Board of Revue comprised of arch- itects, engineers, realtors and lay- men, presented and read. Mayor Horgan moved that the communi- cation be referred to the Council. Seconded by Councilman Takos. Carried by the following vote: Yeas - Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays-None. Session, September 27, 1965 men Kean, LUdwig, Nays-None. September 27, 1965 To the Honorable Mayor and City Council Gentlemen: On September 3rd Mrs. Mar. shall Thomas called my office requesting the installation of a street light at approximately 1940 Coates and several other lights on Coates below Concord Street. Upon investigation by the Elec- trical Inspector, it is recommend- ed that three 4000 lumen incandes. cent lights be installed at these locations: 1. On pole east of lot line at 1940 Coates. 2. On pole between 2030 and 2022 Coates Street. 3. On pole between 2230 and 2210 Coates. Respectfully submitted, Gilbert D. Chavenelle City Manager Councilman Takos moved that the recommendation of the City Manager be approved. Seconded by Mayor Horgan. Carried by the following vote: Yeas - Mayor Horgan, Council. men Kean, Ludwig, Pfohl, Takos. Nays-None. September 27, 1965 To the Honorable Mayor and City Council Gentlemen: A letter has been received from J. Allen Wallis, Jr. requesting approval of the installation of two street lights with underground electrical wiring to serve Block 8 and 9 of Indian Hills Subdivi. sian. These lights would be city maintained after installation and acceptance by the city. It is recommended that permis- sion be granted for the installa- tion of two 4000 lumen incandes- cent lights similar to those pres- ently installed at the following locations: 1. Northwest comer of Lot 1, Block 9, Indian Hills. 2. North side of the curve be- tween Lot 3 and 4 of Block 8, lodian Hills. Respectfully submitted, Gilbert D. Chavenelle City Manager Councilman Takos moved that the recommendation of the City Manager be approved. Seconded Takos. Pfohl Special Special Session, September 27, 1965 in favor of applying the same meter time on Christmas shopping nights as Monday and Friday shopping evenings throughout the balance of the year. Some discus- sion was held as to the free park- ing in parking lots during the holiday season. Mrs. Elaine Broad- water of Toyland asked if this were the case could they use the item of free parking in their ad- vertising. Mr. Phil Schwinn of Jaeger Hardware stated that in his opinion the individual parker is hurt in a good many cases by just a minute or two on the hall hour meters and as a result half hour meters are worthless. It was brought out by survey that 840/, of the merchants want one hour or more parking meter time. September 27, 1965 To the Honorable Mayor and City Council Gentlemen In response to the several pe- titions concerning the parking me- ter ordinance, I hereby submit a r e p 0 r t, "Dubuque Parking Sys- tem", dated September 20, 1965. Respectfully submitted, Gilbert D. Chavenelle City Manager Mayor Horgan moved that the half hour meter area be designat. ed as Main street 7th to 9th, 8th street Iowa to Locust, with other existing half hour meters returned to one hour; fee ten cents per h 0 u r. Seconded by Councilman Pfohl. Carried by the following vote: Yeas - Mayor Horgan, Council. men Kean, Ludwig, Pfohl, Takas. Nays-None. After considerable more discus- sion the above motion was rescind. ed and Mayor Horgan moved that all half hour meters be changed to one hour meters in the down- town core area and the fee re- main the same. Seconded by Coun- cilman Pfohl. Carried by the fol- lowing vote: Yeas - Mayor Horgan, Council~ men Kean, Ludwig, Pfohl, Takas. Nays-None. C 0 u n c il man Pfohl further moved that the Manager's report be referred to the City Solicitor for proper proceedings. Seconded by Councilman Kean. Carried by the following vote: Yeas - Mayor Horgan, Council I 306 CITY COUNCIL OFFICIAL Special session, September 27, 1965. Council met at 7:30 P.M. (C.S.T.) Present - Mayor Horgan, Coun-- cilmen Kean, Ludwig, Pfohl, Ta. koso City Manager Gilbert D. Cha- venelle. Mayor Horgan read the call and stated that service thereof had been dUly made and this meeting is called to consider a survey and report of the parking metered area of the Central Business Dis- trict and allied Parking problems and also acting on any other bus- iness as may properly come be- fore a regular meeting of the City Council. Communication of Dub u que Chamber of Com mer c e Traffic Committee relative to the most practical time limit in the down- town area for parking and recom- mending that half hour meters be changed to one hour meters, said request having been previously submitted to the Council at its meeting of September 7, 1965 and referred to this meeting for further consideration, presented and read. Mayor Horgan moved that the communication be re- ceived and filed. Seconded by Councilman Takos. Carried by the following vote: Yeas - Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takas. Nays-None. Councilman Takos moved that the rules be suspended in order to let anyone present address the Council if they so desire. Second- ed by Councilman Pofhl. Carried by the following vote: Yeas - Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays-None. Mr. Charles Scherrer requested a clarification of the proposed half hour meter time whether or not it referred to parking from six to nine P.M. on shopping nights and also on Christmas holi- day shopping nights. Richard Up. ton, Secretary of the Chamber of Commerce requested that all half hour meters be abandoned as they s e r v e no useful purpose. Mr. Howe, Manager of Rosheks, was ''^ 309 On August 2, 1965. Mrs. Claro ence Klaas of 1605 Lincoln Avenue, Dubuque, Iowa, filed claim for damage to her car as a result of striking a piece of concrete lying in the roadway at East 16th Street near the Dubuque Packing Co. I have made an investigation of this matter and find that a well was being dug on the south side of East 16th Street and said piece of concrete apparently fell from the contractor's truck onto the roadway . In the opinion of the City Solici- tor there is no actionable negli- gence on the part of the City of Dubuque and any remedies claim- ant has should be directed to the contractor doing the work; and therefore recommend denial of said claim. claim attached here- Respectfully R. N. Russo City Solicitor Councilman Ludwig moved that the recommendation of the City Solicitor be approved. Seconded by Councilman Takas. Carried by the following vote: Yeas - Mayor Horgan, Council men Kean, Ludwig, Pfohl. Takos. Nays-None. submitted, September 13, 1965 Mayor & City Council Re: Chester M. Orton I Gentlemen Chester M. Orton, R#l, Box 433, Dubuque, Iowa, filed claim in the amount of $5.00 as a result of striking a rock in the roadway at the City Dump. I have made an investigation of this matter and find no action- able negligence on the part of the City of Dubuque and therefore recommend denial of said claim. Original claim is attached here- to. Respectfully submitted, R. N. Russo City Solicitor Councilman Kean moved that the recommendation of the City Solicitor be approved. Seconded by Councilman Pfohl. Carried by the following vote: Yeas - Mayor Horgan, men Kean, Ludwig, Pfohl, Nays-None. Counc Takos is Session, September 27, 1965 Original to. Hon. I, therefore, recommend the ac- ceptance of said structure with the exception of the completion of the elevator. and that $4,000.00 be withheld from final payment until such time as faults found on final inspection are corrected. Respectfully Submitted, Gilbert D. Chavenelle City Manager Councilman Piohl moved that the communication be received and filed. Seconded by Councilman Kean. Carried by the following vote 1965 September 13, & City Council Mrs. Clarence Klaas Yeas - Mayor Horgan, Council men Kean, Ludwig, Pfohl, Takos. Nays-None. Hon. Mayor Re: Gentlemen August, Gilbert D. Chavenelle Respectfully, City Manager Councilman Pfohl moved that the reports be received and filed. Seconded by Mayor Horgan. Car- ried by the following vote: Yeas - Mayor Horgan, Council- men Kean, LUdwig, Pfohl, Takos. Nays-None. 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 August 1965, pre. sented and read. Councilman Takas moved that the proof of publication be re- ceived and filed. Seconded by Councilman Kean. Carried by the following vote: Yeas - Mayor Horgan, men Kean, Ludwig. Pfohl. Nays-None. Counci Takos. 1965 Gentlemen: This is to advise that the De Leuw, Cather & Company and the City Engineer have informed me that the Locust Street Parking Ramp has been completed in ac- cordance with the plans and speci- fications by J. P. Cullen and Son Corporation of Janesville, Wiscon- sin. month of September 27, To the Honorable Mayor and City Council I I ;, At a regular meeting of the Dubuque City Planning and Zon- ing Commission held on September 9, 1965 the following action was taken: At a regular meeting of the Dubuque City Planning and Zon- ing Commission held on Septem- ber 9, 1965 the following action was taken: That Lots 1, 2, 3 ,and 4 of Lange's Subdivision be rezoned from Single Family Residential Classification to Multiple Family Residential zoning classification. These lots are located on the north side of Pennsylvania Avenue between John F. Kennedy Road and the Key Knolls Subdivision as shown on the attached plat. Respectfully submitted, DUBUQUE ClTY PLANNING AND ZONlNG COMMiSSION F. J. Glab, Secretary Councilman Kean moved that the recommendation of the Com- mission be referred to the City Solicitor for proper proceedings. Seconded by Councilman Pfohl. Carried by the following vote: Yeas - Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays-None. September 24, 1965 To the Honorable Mayor and City Council Gentlemen: I herewith submit reports of the City Auditor, City Treasurer, City Health Department and City Water Department for the month of Au- gust as well as a list of claims and payrolls for which warrants were Yeas - Mayor Horgan, Council- men Kean, Ludwig, Piohl, Takos. Nays-None. Communication 0 f Dubuque Dock Commission recommending that the offer of J anlin Plastics Co., (T. Robert Ibinger) to pur- chase .66 acres of property south of the present property at $3,000. per acre be accepted. Mayor Hor- gan moved that the offer be approved and referred to the City Solicitor for proper proceedings. Seconded by Councilman Ludwig. Carried by the following vote: Yeas - Mayor Horgan, Council- men Kean, Ludwig, pfohl, Takos. Nays-None. Councilman Takos further moved that the communication of the Dock Commission be received and filed. Seconded by Councilman Ludwig. Carried by the vote: Yeas - Mayor Horgan, Council- men Kean, Ludwig, pfohl, Takos Nays-None. September 20, 1965 To the Honorable Mayor and City Council Gentlemen: That Lot 2 of the Subdivision of Mineral Lot 185, in the City of Special the for issued 1965. Session, September 27, 1965 Dubuque be rezoned from Single Family Residential Classification to Two-Family Residential District Classification. This lot is located on the east side of Rosedale Avenue between Vincent Street and West Locust. Respectfully submitted, DUBUQUE CITY PLANNlNG AND ZONlNG COMMISSION F. J. Glab, Secretary Councilman Takos moved that the recommendation of the Com- mission be referred to the City Solicitor for proper proceedings. Seconded by Mayor Horgan. Car- ried by the following vote: Yeas - Mayor Horgan, men Kean, Ludwig, Pfohl Nays-None. September 20, 1965 To the Honorable Mayor and City Council Gentlemen Council Takos. Special Communication 0 f Dubuque Community Development Advisory Committee submitting a revised table of organization of their com- mittee and sub-committees for ap~ proval by the Council, presented and read. Councilman Pfohl moved that the communication be refer- red to the Council. Seconded by Mayor Horgan. Carried by the following vote: Yeas - Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takas. Nays-None. Communication 0 f Dubuque County Metropolitan Area Plan- ning Commission requesting the appointment of an alternate mem- ber to represent the City to act in the absence of a regularly appoint- ed member, presented and read. Mayor Horgan moved that the communication be referred to the Council. Seconded by Councilman Pfohl. Carried by the following vote: 308 . I ORDINANCE NO. 33-65 An Ordinance vacating a portion of Meadow Lane Street abutting Lot 1 of Lot 1 of Smith-Meadow Lane Place in the City of Du- buque, Iowa, presented and read. Councilman Kean moved that the reading just had be considered the first reading of the Ordinance. Seconded by Councilman Takas. Carried by the following vote: Yeas - Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takas. Nays-None. Councilman Kean moved that the rule requiring reading an Ordi- nance on three separate days be waived. Seconded by Councilman Takos. Carried by the following vote: Yeas - Mayor Horgan, men Kean, Ludwig, Pfohl, Nays-None. ORDINANCE NO. 33-65 On Ordinance vacating 8 portion of Meadow Lane Street abutting Lot 1 of Lot 1 of Smith-Meadow Lane Place in the City of Dubuque, Iowa. WHEREAS, Leland P. & Gladys stock- er as owners of the abutting property have petitioned the City CouncU to vacate a portion of Meadow Lane Street; and WHEREAS said petitioner has pre- pared and submitted for Council ap- proval a plat of the area to be vacated. assigning the designation. Lot A of Lot 1 of Lot 1 of Smith-MeadQW Lane Place to said vacated areas, which plat is now on file with the City Clerk; and WHEREAS the Planning and Zoning Commission has recommended approval of said request; and WItEREAS the City has no interest in this piece of property for street purposes and that it is in the best interest of the public that the request be R'ranted; NOW THEREFORE BE IT ORDAINED 311 "Commission held on September 9, 1965 the following action was ta- ken: The Commission approves the vacation of that portion of Meadow Lane Street described as Lot HA" of Lot 1 of Lot 1 of Smith.Meadow Lane Place as shown on the at- tached plat as prepared by the Dubuque City Engineer under date September 28, 1964. Respectfully submitted, Dubuque City Planning and Zoning Commission F. J. Glab, Secretary Councilman Kean moved that the recommendation of the Com- mission be approved. Seconded by Councilman Ludwig. Carried by the following vote: Yeas - Mayor Horgan, Council- men Kean, Ludwig, pfohl, Takos. Nays-None. Counci Takos. Session, September 27, 1965 Notice of claim of Norbert Leick of 410 Maplewood Court, in the amount of $10.00, for car damage incurred as the result of striking a hole in the street in front of 1633 White St. on September 19, 1965, presented and read. Council- man Pfohl moved that the claim be referred to the City Solicitor for investigation and report. Sec- onded by Councilman Kean. Car- ried by the following vote: Yeas -Mayor Horgan, Council men Kean, Ludwig, Pfohl, Takos Nays-None. ORDINANCE NO. 32-65 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 being Lot 1 of Mineral Lot 246 (except a cer. tain portion thereof, from "Sin. gle Family Residence District" classification to "Local Business District BII classification, (Chrys- ler Corporation property) 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 of an ordinance on three separate days be waived. Seconded by Council- man Ludwig. Carried by the fol. lowing vote: Yeas - Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays-None. Councilman Kean moved that a public hearing be held on the Or- dinance on November 1, 1965, at 7:30 o'clock P.M. in the Council Chamher at the City Hall and that the City Clerk be instructed to pub. lish notice of the hearing in the manner required by law. Seconded by Councilman Ludwig. Carried by the following vote: Yeas - Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays-None. September 20, 1965 To the Honorable Mayor and City Council Gentlemen: At a regular meeting of the Du- buque City Planning and Zoning Special 'i I ( ~ ,~ if i I II ) If t. , ;; Session, September 27, 1965 amount of $250.00 and I recom- mend that said offer be accepted, and the City Auditor be instructed to draw a warrant payable to Ruth Zimmerman and her husband, Howard Zimmerman and to deliv- er the same upon receipt of a duly executed release. Respectfully submitted, R. N. Russo, City Attorney Councilman Pfohl 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. Notice of claim of Ray Gross, in an unspecified amount, for dam- age incurred as the result of a backed up sanitary sewer at 995 W. Locust street on September 4, 1965, presented and read. Council- man Pfohl moved that the claim be referred to the City Solicitor for investigation and report. Sec- onded by Councilman Kean. Car- ried by the following vote: Yeas - Mayor Horgan, Council. men Kean, Ludwig, Pfohl, Takos. Nays-None. Notice of claim of Ray Gross, in an unspecified amount, for damage incurred as the result of a backed up sanitary sewer at 995 W. Locust street on September 14, 1965, presented and read. Council- man Pfohl moved that the claim be referred to the City Solicitor for invesitgation and report. Sec- onded by Councilman Kean. Car- ried by the following vote: Yeas - Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays-None. Notice of claim of Charles L. Hilfinger, in the amount of $277.33 for car damage incurred as the result of striking a water shut-off box in Pennsylvania Avenue dur- ing construction of the street on September 15, 1965, presented and read. Councilman Pfohl moved that the claim he referred to the City Solicitor for investigation and re- port. Seconded by Councilman Kean. Carried by the following vote: Yeas - Mayor Horgan, Council men Kean, Ludwig, pfohl, Takos Nays-None. 1965 Ruth Zimmerman 945 Spruce St. Gentlemen: On January 29, 1965, Mrs. How- ard (Ruth) Zimmerman of 945 Spruce St., Dubuque, Iowa, filed claim against the City of Dubuque for personal injuries that occur~ red on December 31, 1964, while walking on University Avenue at the intersection of University and Spruce Streets in the City of Du- buque, she slipped and fell, claim- ing the crosswalk thereat was in a defective condition by reason of an accumulation of ice thereon. The point of fall was in the crosswalk west of the east curb of Spruce Street on the north side of the street. I have made an investigation of this matter and have conferred with the claimant who has made an offer of settlement in the Respectfully submitted, R. N. Russo, City Attorney Councilman Ludwig moved that the recommendation of the City Attorney be approved. Seconded by Councilman Takos. Carried by the following vote: Yeas-Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays-None. Gentlemen: This is to advise that you had heretofore directed me to com~ mence condemnation proceedings to acquire a right-of-way easement for the installation of a storm sew- er along the easterly edge of Lots 543, 544, 545 and 546 in Lenox Addition in the City of Duhuque and the parties interested therein being Otto Donath, Ellen Donath and Max Jenk. This is to advise that on the 8th day of September, 1965, con- demnation jury returned its award for damages and the Sheriff's Cer- tificate as to awards and costs is hereto attached. I recommend that said award be paid. 1965 Otto Donath Ellen Donath Max Jenk September 24, Honorable Mayor and City Council Re 13, Special September Honorable Mayor and City Council Re 310 313 Car- anded by Councilman Kean. ried by the following vote: Yeas - Mayor Horgan, Council men Kean, Ludwig, Pfohl, Takas, Nays-None. Petition of Midland Laboratories and Trausch Baking Co. requesting vacation of Shields street from Jones to Dodge street, with all abutting property owners in agree. ment along with the J.C.R.R. pre- sented and read. Councilman Pfohl moved that the petition be refer- red to the Planning & Zoning Com. mission and the Water Depart- ment. Seconded by Councilman Takos. Carried by the following vote: Yeas - Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takas. Nays-None. Petition of R. F. Trapp et al re- questing rezoning of Lot 1 of 1 of Byrne Sub., Lot 2 of 1 of lots 24 and 25 in Bonson & Stewarts Sub. and Lot 2 of 2 of Byrnes Subdivi. sion from Two Family to Multiple Residence District Classification, presented and read. Councilman Pfohl moved that the petition be referred to the Planning & Zoning Commission. Seconded by Council- man Takas. Carried by the follow- ing vote: Yeas-Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays-None. Petition of Paul F. Moes et al requesting a study to alleviate the crowded parking conditions which presently exist on University av- enue from Alpine Street to Glen Oak street, presented and read. Councilman Kean moved that the petition be referred to the City Manager and Traffic Department for investigation and report. Sec- onded by Councilman Takos. Car- ried by the folIowing vote: Yeas - Mayor Horgan, Coullcil- men Kean, Ludwig, Pfohl, Tdkns. Nays-None. Petition of Richard C. Henschel et al requesting that the name of Hickok Road he changed to V"I- entine Drive in Pioneer Hills Sub- division presented and read. ":;oun- cilman Takos moved that the peti- tion be referred to the Planning & Zoning Commission. Second~d by Councilman Ludwig. Carried by the following vote: Yeas-Mayor Horgan, Council- men Kean, Ludwig, Pfohl. Takos. Nays-None. Session, September 27, 1965 ing deed to the plot of ground adjoining his property which is city owned, presented and read. Mayor Horgan moved that the peti- tion be referred to the Planning & Zoning Commission. Seconded by Councilman Takos. Carried by the following vote: Yeas - Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays-None. Petition of Dubuque Lorenz Inc. requesting permiSSion to excavate in front of their building on W. 8th avenue, presented and read. Councilman Takos moved that the petition be granted. Seconded by Councilman Kean. Carried by the following vote: Yeas-Mayor Horgan, Council- men Kean, Piohl, Takos. Nays-None. Councilman Ludwig not voting. Petition of Margaret Metcalf et al requesting the removal of a street light from 2700 Hale Street, 100 feet east, presented and read. Councilman Ludwig moved that the petition he referred to the City Manager and Electrical Inspector for investigation and report. Sec- onded by Councilman Takas. Car- ried by the following vote: Yeas-Mayor Horgan, Council- men Kean, Ludwig, Piohl, Takos. Nays-None. Petition of Joseph Vogt Jr. re- questing permisison to excavate in Kane street to service a new sub- division, presented and read. Coun- cilman Takas moved that the peti- tion be granted. Seconded by May- or Horgan. Carried by the follow- ing vote: Yeas-Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays-None. Petition of Peoples Natural Gas requesting permission to excavate at Asbury Road and Judson Drive, presented and read. Councilman Ludwig moved that the petition be approved. Seconded by Council- man Kean. Carried by the follow- ing vote: Yeas ~ Mayor Horgan, Council. men Kean, Ludwig, Pfohl, Takas. Nays-None. Petition of Peoples Natural Gas requesting permission to excavate 'in ,Kane street, presented and read. Councilman Ludwig moved that the petition he granted. Sec. Special J Session, September 27, 1965 excavate in city streets and alleys from September 5, 1965 to Septem- ber 5, 1966, presented and read. Councilman Takas moved that the petition be granted providing prop- er insurance coverage is fur- nished. Seconded by Councilman Ludwig. Carried by the following vote: Yeas - Mayor Horgan, Council- men Kean, Ludwig, Piohl, Takas. Nays-None. Petition of George Kennedy re- questing vacation of a portion of Rock street and also an alley abut- ting Rock Street, presented and read. Councilman Pfohl moved that the petition be referred to the Planning and Zoning Commission. Seconded by Councilman Takos. Carried by the following vote: Yeas-Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays-None. Petition of George B. Ehlhardt requesting vacation and convey- ance of an alley located in the middle of the block hetween West Third and Hale streets, presented and read. Councilman Pfohl moved that the petition he referred to the Planning & Zoning Commission. Seconded by Councilman Takas. Carried by the following vote: Yeas-Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takas. Nays-None. Petition of Don Mueller request- ing approval for water service to Boniface Duffy of 119 Garnet Street and Mrs. Alice M. Welsh of 129 Garnet street from the water main installed by the Hilldale Dairy, presented and read. Council- man Ludwig moved that the peti- tion be denied. Seconded by Mayor Horgan. Carried by the following vote: Yeas-Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takas. Nays-None. Mayor Horgan further mov.~d that the City Manager and Wate" Department investigate the whole area so that the Council will be better informed relative to water service and annexation. Seconded by Councilman Pfohl. Carried by the foIlowing vote: Yeas - Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takas. Nays-None. Petition of Virgil H. Mihm of 396 Klingenberg Terrace request- I . It.1G-l Councilman Kean moved adop- tion of the Ordinance. Seconded by Councilman Takos. Carried by the following vote: Yeas - Mayor Horgan, Council- men Kean, Ludwig, Piohl, Takas. N ays-N one. Councilman Ludwig moved that the ordinance be referred to the City Solicitor for proper proceed- ings and possible conveyance. Sec- onded by Councilman Takas. Car- ried hy the foIlowing vote: Yeas - Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takas. Nays-None. Petition of City Engineer White requesting permission to excavate in order to shut-off water service at 595 W. Third Street, 447 Arling- ton Street and Grove Terrace due to the fact that buildings on the properties are being demolished. Councilman Kean moved that the petition be granted. Seconded by Councilman Takas. Carried by the following vote: Yeas - Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takas. Nays-None. Petition of Ohmert Excavating Service requesting permission to Special BY THE CITY COUNcn. OF THE CITY OF DUBUQUE, IOWA. Section 1. That the portion of Meadow Lane street described as Lot <<A" of Lot 1 of Lot 1 of Smith-Meadow Lane Place on the plat submitted by petition- er, as prepared by the City Engineer under date August 17, 1965 be and the same is hereby vacated. Section 2. That said plat of said va- cated area be and the same is hereby approved and the Mayor and City Clerk authorized and directed to endorse the approval of said City of Dubuque thereon. Section 3. That the City Clerk be and he is hereby authorized and directed to record a certified copy of this Ordin- ance in the office of the County Re- corder of Dubuque County, Iowa. Section 4. This Ordinance shall be in full force and effect from and after its final passage, adol,)tion and publica- tion as by law prOVided. Introduced the 27th day of Septem- ber, 1965. Rule requiring reading on three separate days suspended by unanimous vote the 27th day of September. 1965. Passed by recorded roll call vote, adopted and approved this 27th day of september. 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 Telegraph- Herald Newspaper this 1st day of Octo- ber. 1965. Leo F. Frommelt, City Clerk 312 and sewer service laterals in accordance with plans submitted with the plat; c. To install water mains and water service laterals in accord- ance with plans submitted with the plat; d. To install storm sewers and catchbasins in accordance with plans suhmitled with the plat; e. To install concrete sidewalks as required by City Ordinances, and where directed by the City Engineer and the City Manager; f. To construct the foregoing im- provements in accordance with plans and specifications approv- 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 foregoing im- provements for a period of four (4) years from the date of their acceptance by the City of Du- buque, Iowa; h. To provide the foregoing con- struction and maintenance at the sole expense of the Sub- divider, Dick Loetscher Inc., as owner; i. To construct said improvements, except sidewalks, prior to Sep- tember 27, 1967; and to con- struct the sidewalks prior to September 27, 1969; and further provided that said Dick Loetscher Inc., as owner of said Subdivision, secure the per- formance of the foregoing condi- tions by providing security in such form and with such sureties as may be acceptable to the City Manager. Section 3. That in the event Dick Loetscher Inc., shall fail to execute the acceptance and furnish the security provided for in Section 2 hereof within 45 days after the date of this Resolution, the pro- visions 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 27th day of September, A.D., 1965. 315 Session, September 27, 1965 RESOLUTION NO. 213-65 Resolution Approving the Plat of IIChurchill Heightsll Blocks 5, 6, 7, 8 & 9 in the City of Dubuquel Iowa VVIf8REAcS, there has been filed with the City Clerk a plat of the Subdivision to be known as "Chufchhill Heights," Blocks 5, 6, 7, 8 & 9 in the City of Du- buque, Iowa, by Dick Loetscher Inc.; and WHEREAS, upon said plat ap- pear streets to be known as Churchill Drive, St. Anne Drive and Eden Lane, together with cer- tain public utility easements which the Owners by said plat have dedi- cated to the public forever; and VVHEREAS, said plat has been examined by the City Planning and Zoning Commission and had its approval endorsed thereon; and WIf8REAS, said plat has been examined by the City Council and they find that the same conforms to statutes and ordinances relating thereto, except that street grades have not been established, the streets brought to grade, or pav- ing, sewer or water installed; NOW THEREFORE, BE IT RE- SOLVED BY THE CITY COUNClL OF THE CITY OF DUBUQUE, lOWA: Special Petition of Charles Frost et al requesting extension of bus trans- portation to include John F. Ken- nedy Road, Marywood, Rosewood, Dove, Glenview Circle, Crissy 'Drive, 'Tihby, Waller, Kimberly Dr., Gordon Drive, Trygg Drive, Martin Drive, Theda Drive and Kaufmann Avenue, presented and read. Mayor Horgan moved that the petition be referred to the City Manager. Seconded by Coun- cilman Takos. Carried by the fol. lowing vote: Yeas - Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays-None. Petitions of A.1 Plumbing & Heating Co. requesting permission to excavate at 578 W. Locust Street, 2635 Windsor Ave., 1720 Delhi Street, presented and read. Councilman Takos moved that the petitions be granted. Seconded hy Mayor Horgan. Carried by the fol. lowing vote: Yeas - Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takas. Nays-None. Petition of Dick Loetscher Inc. requesting permisison to excavate in Pennsylvania Avenue to service Churchill Heights, presented and read. Councilman Takas moved that the petition be granted. Sec- onded by Councilman Kean. Car- ried by the following vote: Yeas - Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takas. Nays-None. Petition of Earl Miller request- ing a refund of $75. on the unex- pired portion of cigarette license No. 247, as he has discontinued business, presented and read. Councilman Takos moved that the refund be granted and the Audit- or instructed to issue proper war- rant. Seconded by Councilman Ludwig. Carried hy the following vote: Yeas - Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays-None. Petition of Dubuque Sports Bowl requesting a refund of $100. on the unexpired portion of Class B beer license No. 63, as they have dis- continued business on 9-11-65, pre- sented and read. Councilman Takos moved that the refund be granted and the Auditor instructed to issue proper warrant. Seconded by Coun- Session, September 27, 1965 cilman LUdwig. lowing vote: Yeas - Mayor Horgan, Council- men Kean. Ludwig, Pfohl, Takos. Nays-None. Petition of Charles W. Callahan, requesting a refund of $75. on the unexpired portion of cigarette license No. 137, as he has dis- continued business on 9-1-65, pre- sented and read. Councilman Takos moved that the refund be granted and the Auditor instructed to issue proper warrant. Seconded by Coun- cilman Ludwig. Carried by the following vote: Nays-None. Petition of Gordon Cunninghom requesting a refund of $75. on the unexpired portion of cigarette license No. 183, as he has discon- tinued business on 9-27-65, pre. sented and read. Councilman Takos moved that the refund be granted and the Auditor instructed to is. sue proper wararnt. Seconded by Councilman Ludwig. Carried by the following vote: Yeas-Mayor Horgan, Council, men Kean, Ludwig, Pfohl. Takos Nays-None. fol - Mayor Horgan, Council Ludwig, Pfohl. Takos the Carried by Yeas men Kean, Special 314 I J. Horgan Mayor Richard Ludwig Peter J. Takos Eldon A. Pfohl James J. Kean Councilmen Robert Section 1. That the dedications of Churchill Drive, St. Anne Drive and Eden Lane together with the easements for public utilities as the same appear upon said plat, be and the same are hereby ac- cepted; Section 2. That the plat of "Churchill Heights," Blocks 5, 6, 7, 8 & 9 in the City of Duhuque, Iowa, be and the same is hereby approved and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa, upon said plat, provided the owners of said property herein named, exe- cute their written acceptance here- to attached agreeing: a. To reduce all streets to grade and to construct concrete curb and gutter and to hard surface Churchill Drive, St. Anne Drive and Eden Lane with bituminous concrete, or with 6%" concrete paving with integral curb, all in accordance with City of Dubu- que standard specifications; b. To install sanitary sewer mains September 24, 1965 To the Honorable Mayor and City Council Gentlemen: At a regular meeting of the Du- buque City Planning and Zoning Commission held on September 23, 1965 the following action was tak- en That the Finai Plat of Block 5, Block 6. Block 7, Block 8 and Block 9 in "Churchill Heights" in the City of Dubuque be approved and forwarded to the City Council for their consideration and recom. mended approval. Respectfully submitted, DUBUQUE CiTY PLANNlNG AND ZONlNG COMMlSSlON Owen Riley, Chairman 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. 317 some newspaper in the city of Duhuque, the last of which shall be Dot less than two (2) nor more than (4) weeks prior to the day fixed for its consideration and un. less property owners at the time of final consideration of said resaIu. tioD 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 de~ision thereon. Passed, adopted and approved this 27th day of September, 1965. Rohert J. Horgan Mayor Richard Ludwig Peter J. Takas Eldon A. Pfohl James J. Kean Councilmen Special Session, September 27, 1965 ed on file with the City Clerk this 27th day of September, 1965. Approved: Robert J. Horgan Mayor Richard Ludwig Peter J. Takas Eldon A. Pfohl James J. Kean Councilmen Attest: Leo F. Frommelt City Clerk Mayor Horgan moved adoption of the resolution. Seconded by Councilman Takas. Carried by the fOllowing vote: Yeas - Mayor Horgan, Coun- cilmen Kean, Ludwig, Pfohl, Takos. Nays-None. Attest: Leo F. Frommelt, City Clerk Mayor Horgan moved approval of the resolution. Seconded by Councilman Takos. Carried by the fOllowing vote: Yeas - Mayor Horgan, Council men Kean, Ludwig, Pfohl, Takos Nays-None. RESOLUTION NO. 217-65 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 Kenneth J. Osterhaus, 744 Main Street BE iT FURTHER RESOLVED that the bonds filed with the appli. cation be approved. adopted and approved day of September, 1965. Robert J. Horgan Mayor Richard Ludwig Peter J. Takos Eldon A. Pfohl James J. Kean Councilmen Frommelt Clerk Passed, this 27th Attest: Leo F. City Mayor (Fixing date of hearing) RESOLUTION NO. 21~5 WHEREAS, the City Council of the City of Dubuque, has by Reso. lution No. 214-65 given its prelim- inary 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 Construc- tion of an eight inch (8") sanitary sewer from the Catfish Creek San- itary Sewer northerly through Lot 3 to Lot 7 inclusive of Moore Heights subdivision 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 1st day of November 1965, a puhlic 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 specifications and proposed form of contract and at the same time to the boundaries of the proposed district, to the cost of the improvement, to the amount proposed to be assessed against any lot and to the passage of the proposed Resolution of Necessity and the City Clerk he and he is hereby directed to cause a notice of the time and place of such hearing to be published in 27, 1965 2. The size and kind of sewers. 3. Each lot proposed to he as. sessed together with a valuation fixed by the council. 4. An estimate of the cost of the proposed improvement, stating the same for each different type of construction and kind of material to be used. 5. In each case the amount thereof which is estimated to be assessed against each lot, for the Construction of an eight inch (8") sanitary sewer from the Catfish Creek sanitary sewer northerly through Lot 3 to Lot 7 inclusive of Moore Heights Subdivision. 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 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. Attest: Leo F. Frommelt, City Clerk CERTIFICATION This is to certify that the secur- ity requested by the foregoing Resolution No. 213-65 has been provided by the owners. Dated at Dubuque, Iowa, this 28th day of Sept., 1965. Gilbert D. Chavenelle, City Manager Acceptance of Resolution No. 213-65 Dick Loetscher, Inc. having read the terms and conditions of the foregoing Resolution No. 213-65 and being familiar with the con- tents thereof, hereby accepts the same and agrees to perform the conditions therein required. Diclk Loetscher IDC. Richard A. Loetscher, President Dated September 28, 1965 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. Special 316 Said improvement shall be con- structed and done in accordance with the plans and specifications which have been prepared there- fore by the City Engineer which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said improve- ment will be assessed upon and against all privately owned proper- ty lying within assessable dis- tance provided by law and in an amount not to exceed the amount provided by law, property will be assessed whether the same abuts thereon or is adjacent thereto ac- cording to area and in proportion to the speCial benefits conferred thereby, and any deficiency shall bc paid out of the sewer funds. Bonds shall be issued and sold in anticipation of deferred payments of assessments when a contract has been performed and accepted and the proceeds thereof used to pay the contractor. The railway portion of any street or assessment district shall be assessed to and paid by the railway company. The above resolution was intro- duced, approved and ordered plac- Nays-None. RESOLUTION NO. 21~ Approving Preliminary Esti- mate, plans and specifications, form of contract plat and schedule and all other documents for the construction of an eight inch (a") sanitary sewer from the Catfish Creek Sanitary sewer northerly through Lot 3 to Lot 7 inclusive of Moore Heights Subdivision, at an estimated cost of $5,321.75, pre- sented and read. Mayor Horgan moved adoption of the resolution. Seconded by Councilman Takos. Carried by the following vote: Yeas - Mayor Horgan, Council- man Kean, Ludwig, Pfohl, Takos. Nays-None. (Necessity for Improvement) RESOLUTION NO. 215-65 WHEREAS, proposed plans, spec. ifications, form of contract, plat and schedule have been duly pre- pared and approved hy 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 boundaries of the district, if any. I adoption Horgan moved Session, September il '1 , ; i'( 319 Session, September 27, 1965 do anything about it. It definitely is a hazard to children playing in the area. Mayor Horgan moved that the complaint be referred to the City Manager and City Solicitor for in- vestigation and report to the Coun- cil. Seconded by Councilman Takas. Carried by the following vote: Yeas - Mayor Horgan, Council men Kean, Ludwig, Pfohl, Takos. Nays-None. There being no further business Mayor Horgan moved to adjourn. Seconded by Councilman Pfohl. Carried by the following vote: Yeas - Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takas. Nays-None. Leo 1965 1965 Special Frommelt, City Clerk Attest ................city..ci;;k.. F. Adopted Councilmen: Approved of the resolution. Councilman Takas. following vote: Yeas - Mayor Horgan, Coun. cHmen Kean, Ludwig, Pfohl, Takas. Nays-None. 27, 1965 Name Address CLASS "C" BEER PERMIT Raymond P. Papin, 2635 University Avenue Main BE IT FURTHER RESOLVED that the bonds filed by such appli- cants be and the same are hereby approved. Passed, adopted and approved this 27th day of September, 1965. Robert J. Horgan Mayor Richard Lndwig Peter J. Takos Eldon A. Pfohl James J. Kean Councilmen Attest: Leo F. Frommelt, City Clerk Mayor Horgan moved adoption of the resolution. Seconded by Councilman Ludwig. Carried by the following vote: Yeas - Mayor Horgan, Council- men Kean, Ludwig, pfohl, Takos. Nays-None. COUNClL RECESSED AT 9:45 P.M. RECONVENED AT 10:05 P.M. Mayor Horgan moved that Dr. Leroy Giles be appointed to fill the unexpired term of A. G. Wright to 3-31.66 on the Civil Ser. vice Commission and Wm. Clemens Jr. be re-appointed to Airport Commission for a six year term to 9-14-1971. Seconded by Councilman Takos. Carried by the following vote: Yeas - Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays-None. Mr. Robert Dorothy presented the picture of a proposed sign to be erected on the Industrial Park, at an approximate cost of $3900. No decision as to the erection of the sign was made, as the Council thought it best to wait nntil the end of the year and then take a second look at the budget. Mr. Richard Tschiggfrie who lives on Key Corners in the Key Knolls Subdivision addressed the Council by registering a complaint about the water drainage to the rear of his property. The heavy rains have caused considerable erosion and Mr. Hansel the Sub- divider does not seem to want to I I . '. ; \ , j Special Session, September by the Seconded Carried by 744 Osterhaus, Kenneth J. Street RESOLUTION NO_ 218-65 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 Dubuqne, iowa, that the following applica- tions be granted and licenses be issued upon the compliance with the terms of the ordinances of the City. Name Address CLASS "C" BEER PERMIT Raymond P. Papin, 2635 Uniyersity Avenue P. Attest: Leo F. Frommelt, City Clerk Mayor Horgan moved adoption of the resolution. Seconded by Councilman Ludwig. Carried by the following vote: Yeas - Mayor Horgan, cilmen Kean, Ludwig, Pfohl, Nays-None. RESOLUTION NO. 219-65 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 directed to issue to the following named applicants a Beer Permit. 318 Main Passed, adopted and approved this 27th day of September. 1965. Robert J. Horgan Mayor Richard Ludwig Peter J. Takos Eldon A. Pfohl James J. Kean Councilmen Coun- Takos. 744 Osterhaus, Kenneth Street