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1965 November Council Proceedings . 361 terials relating to the issuance of a current annual license for 1965 for the operation of a mobile home park by Lois and Don Knapp located at 3195 Jackson St., pre- sented and read. Mr. Eldon A. Pfohl moved that the communication be received and filed. Seconded hy Mr. James J. Kean. Carried by the fOllowing vote: Yeas-Chairman Robert J. Hor- gan, Messrs. James J. Kean, Rich- ard Ludwig, Eldon A. Pfohl, Peter J. Takas. Nays-None. There being no further business Chairman Robert J. Horgan moved that the meeting adjourn. Second- ed by Mr. Eldon A. Pfohl. Carried by the fOllowing vote: Yeas-Chairman Robert J. Hor. gan, Messrs. James J. Kean, Rich- ard Ludwig, Eldon A. Pfohl, Peter J. Takas. Nays-None. Leo F. Frommelt Clerk Board of Health Adopted 1966. .............1966. Members of Bd. of Health l Attest: ............. Clerk Board of Health Regular Session, November 1, 1965 Approved Board of Health Official) Regular Session, November 1, 1965. Board met at 7:15 P.M. (C.S.T.). Present _ Chairman Robert J. Horgan, Messrs. James J. Kean, Richard Ludwig, Eldon A. Pfohl, Peter J. Takos. Absent-Dr. Kenneth K. Hazlet. Communication of Iowa State De. partment of Health submitting ma- terials relating to the issuing of a current annual license to the Hawk. eye Trailer Court, Mr. Ray Papin, proprietor, for the operation of a mobile home park for 1965, pre- sented and read. Chairman Robert J. Horgan moved that the communication be received and filed. Seconded by Mr. Peter J. ,Takos. Carried by the following vote: Yeas-Chairman Robert J. Hor- gan, Messrs. James J. Kean, Rich- ard Ludwig, Eldon A. Pfohl, Peter J. Takos. Nays-None. Communication of Iowa State De. partment of Health submitting ma- terials relating to the issuing of a permit to Mr. Raymond Papin, Hawkeye Trailer Court for an ex- pansion project for the mobile home park for one additional unit, presented and read. Chairman Robert J. Horgan moved that the communication be received and filed. Seconded by Mr. Eldon A. Pfohl. Carried by the following vote: Yeas-Chairman Robert J. Hor- gan, Messrs. James J. Kean, Rich- ard Ludwig, Eldon A. Pfohl, Peter J. Takos. Nays-None. Communication of Iowa State De- partment of Health submitting ma. ~ \ l~ II! :)1 'II ill :~ 'I! ii' , ~.. I! Ii' I' ,'"~I . 'I :"a >:!' \; I'. I, ";1 , I R . i, i~ j r " ,I [ l ~. I ~f. I. Ii )1;:, li~: ~ f it I: ,,1 " I I', , [if li': ,:Ii ,i' ~I' rit' ~j ~k' ., ~1 1! ~;: ;.'; ~\ ji' ~l: ;1 'i ~: i; H ~: 369 Zones." On the attached map I have drawn concentric circles in- dicating the distance in miles from 8h and Main. Also using Ordinance 33-57 and the request of the peti. tioners, I have drawn the bound- aries of Zone 1, 2 and 3. It should be noted that JFK Road, Kaufmann (between Kennedy and Carter) and Carter (between Kaufmann and 32nd) are within Zone 2. It also should be noted that Zone 1 is about 1 % to 2 miles wide, Zone 2 is about a mile wide and Zone 3 is less than a mile. Thus the distances within Zones are least in Zone 3 and greatest in Zone 1. B. The Black and White Com- pany has petitioned for the follow- ing rates' 1.10 1.25 or more passengers ( not exceeding 5) with different points of origin and destina- tion ........................ .70 5. Waiting time in excess of 10 min- utes ,....,..................$4.50 per hour C. Refer to Table II "Taxicab Rates-Selected Cities" and Table ITI, "Comparative Estimated Taxicab Rates." From these tables it would appear that: 1. The requested rates are some- what less than those charged in various other cities. D. General Observation: 1. Officials of the Black and White Cab Company have informed me that taxi drivers work on a commission basis, receiVing 45% of the collected revenue. A full time "hard working" driver will earn $5,000-$6,000 per year. Customer tips average about $2.00 per day. 1.00 taximeter sys- zone system. .90 1.00 .45 Z.2 Z.3 .90 1.00 .45 .90 Z.l For one passenger .70 For 2 or more pas- senger (not ex- ceeding 5) with same origin and destination ............ .90 For 2 or more pas- sengers (not ex- ceeding 5) with same origin but different destina- tions for first pas- senger alighting.... .70 For each other .45 passenger For 2 Many cities use a tern rather than a Session, November 1, 1965 1. 2. 3. 4. 2. Diamond Cab Company- 3 Cabs Black & White Cab Company- 13 Cabs Veterans Radio Cab Company- 8 Cabs Since the ordinance was passed the Black and White Cab Company has purchased the Veterans Radio Cab Company and has made use of the number of licenses authorized the Veteran's Company. B. Further, Section 6 of the ordi- nance provides that the City Man- ager with the approval of the Coun- cil may increase the number of vehicles authorized under a taxicab operators permit. C. Refer to Table 1, "Dubuque Taxi Company and Vehicle Licens- es." This table shows the number of companies and vehicles licensed during the past four years. Dia- mond Cab Company is not operat- ing during the current year. The company has addressed a letter to the Council requesting that the rights of the company be main- tained. The Black and White Cab Company is currently licensed to operate 15 cabs on a 12 month basis and 5 cabs on a 6 months basis. The apparent practice of the taxi- cab business is to use more cabs in the winter than summer months. Moreover, it is understood that the number of cabs licensed are not operated on a 24 hour a day, seven day week basis. Rather, they are operated according to the demand for service. D. Section 5 of Ordinance 33-57 indicates that at a public hearing the Council must determine the need for additional taxicab service based on: 1. Public convenience and neces- sity. 2. The applicant is fit, willing and able to perform such public transportation service. 3. That the applicant can conform to the requirements of the ordi. nance and the laws of the state. 4. Consider the number of taxicabs already in operation. 5. Consider if existing transporta- tion is adequate to meet public need. 6. The probable effect of increased service on local traffic. 7. Character, experience and re. sponsibility of applicant. II. Taxicab Rates A. Refer to map, "Taxicab Sate Regular Regular Session, November 1. 1965 presented and read. Councilman Ludwig moved that the communica- tion be received and filed. Second- ed by Councilman Takos. Carried by the following vote: Yeas-Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays-None. IVlayor Horgan moved that the rules be suspended in order to let anyone present address the Council if they so desire. Seconded by Councilman Takas. Carried by the following vote: Yeas-Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takas. Nays-None. Mr. Robert Zahina, former oper- ator of the Diamond Cab Co., re. quested that his opportunity be left open. Attorney Reyynolds ad- dressed the Council in behalf of Mr. Krapf! by stating that the num. ber of cabs operating in the City is not adequate for the needs of the city. He suggested that Mr. Krapf! be granted a franchise to start with a minimum of four cabs and a maximum of ten. Some con. versation was had relative to chang. iug some of the provisions of the taxi.cab ordinance, presently in ef- fect, to which attorney Reynolds agreed, that the requirements are proper. Mr. Joseph Even, president of Black & White Cab and Veteran Cab stated that he has been opel'. ating cabs in the city for 28 years with very few complaints. He cited some of the conditions to be con. sidered in the operation of the cab business such as service rendered, condition of equipment and type and character of drivers employed. November 1, 1965 To the Honorable and City Council Re: Memorandum, Taxicab Licens- es, Rates and Insurance Require- ments Gentlemen This memorandum is intended to present information I have collect- ed which may aid you in making decisions on petitions before you for authorizing more taxicabs, in- creasing the cab rates and increas- ing the minimum insurance re- quirement. 1. Number of Taxicabs A. The following taxicab opera- tors are authorized to operate cabs under Ordinance No. 33-57 as fol- lows: Mayor CITY COUNCIL Regular 1965. Counei Yeas-Mayor Horgan, men Kean, Ludwig, Pfohl Nays-None. Application for Taxicab Opera- tor's Permit submitted by Donald Krapf! of 996 Davis Ave., present- ed and read. Councilman ,'fakos moved that the application be re- ceived and filed. Seconded by Councilman Kean. Carried by the following vote: Yeas-Mayor Horgan, men Kean, Ludwig, Pfohl Nays-None. Communication of Robert Zahina requesting that his rights be pre- served in the taxi business because he has stopped the taxi business only temporarily because of illness, OFFICIAL session, met at 7:30 P.M. (C.S.T.) Present-Mayor Horgan, Council, men Kean, Ludwig, Pfohl, Takos, City Manager Gilbert Chavanelle. Absent-None. Mayor Horgan read the call and stated that service thereof had been duly made and this meeting is the Regular monthly meeting of the City Council for the purpose of acting upon such business as may properly come before the meeting. Communication of Francis J. O'- Connor expressing thanks for the privilege of being able to attend the Boards and Commission din- ner and further expressing thanks to all for their dedication and best efforts, presented and read. Councilman Pfohl 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 Robert C. Sul- livan, Co-Chairman DCDAC submit- ting the final report of the neigh- borhood sub-committee, presented and read. Mayor Horgan moved that the report be referred to the Council. Seconded by Councilman Pfohl. Carried by the following vote: Council Takos. Council Takas. 1, November 368 \, , r I I" ~: 371 Yeas-Mayor Horgan, Counci men Kean, Ludwig, Pfohl, Takas. Nays-None. October 22, 1965 Honorable Mayor and City Council Gentlemen: I am returning to you the peti- tion signed by Mr. and Mrs. Charles Frost and others for bus service to the western section of the City. Also, I am enclosing a letter of Captain Jenaman, dated Octoher 21 which describes the proposed serv- ice. On Octo her 20, representatives of the Traffic Committee met with Robert Dyer and Robert Love of the Interstate Power Company. Mr. Dyer authorized us to report the service described in Captain Jena- man's letter and stated that it would be instituted when Ken- nedy School was opened, and that the service would be provided on a trial basis. The continuance of the extended service will depend on passenger use. Kennedy School is reported to be opened late in No- vember. I have written to Mr. and Mrs. Frost asking them to contact the other petitioners and report the service proposal. Respectfully, Gilbert D. Chavenelle City Manager Mayor Horgan moved that the communication be received and .filed. Seconded by Councilman Ludwig. Carried by the following vote: Yeas-Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays-None. November 1, 1965 To the Honorable Mayor and City Council Gentlemen: The petition of Mr. and Mrs. William Frederick and others for a street light in the 2400 block on Mineral Street has been investi- gated. It is recommended that a 4000 lumen incandescent light be placed at the intersection of Finley and Mineral Streets. A light so placed will improve the lighting condi- tions and is in line with the street light pattern in the area. One petitioner has by phone re~ quested two lights within the 2400 block. Although Mineral Street is travelled lIl.or~ frequently and Regular Session, November 1, 1965 Insurance Coverage Property Damage $5,000 $132 $50,000 $132 plus 10% Personal Injury $10,000-20,000 $345 $25,000-50,000 $411 $66 $100,000-300,000 $486 $75 This table provides a gauge for cost of increased insurance cover- age. If $50 to $250 deductable in. surance were purchased it is esti- mated that the cost would be re- duced 25 to 50 percent. It is also estimated that a fleet discount for 5 vehicles would be approximately 5% and for 20 vehicles, 15%. Experience rating would be most important in the purchase of insur- ance for taxicabs. Credit for good experience could only be developed over a period of actual operation. Respectfully submitted, Gilbert D. Chavenelle City Manager Mayor Horgan moved that the re- port be referred to the Council. Seconded by Councilman Takos. Carried by the following vote: Years-Mayor Horgan, Council men Kean, Ludwig, Pfohl, Takos. Nays-None. October 20, 1965 To the Honorable Mayor and City Council Gentlemen: I herewith submit reports of the City Auditor, Treasurer, Water De~ partment and Health Department for the month of September 1965, as well as a list of claims and pay- rolls for which warrants were is- sued for the month of September, 1965. Respectfully submitted, Gilbert D. Chavenelle City Manager Councilman Kean moved that the reports be received and filed. Sec- onded by Councilman Pfohl. Car- ried by the following vote: Yeas-Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays-None. Proof of Publication, certified to by the Publisher, of Statements of Receipts and list of claims for which warrants were issued during the month of September 1965, pre- sented and read. Councilman Kean moved that the proof of publication be received and filed. Seconded by Councilman Pfohl. Carried by the following vote: Difference In Cost $13 Cost Per Vehicle i I II , Regular Session, November 1, 1965 Since more equipment would be required, the present ex- cellent standard could not be maintained. E. Refer to Table IV, "Alternate Taxi Proposal." This table is not a recommendation, it is merely in- tended to indicate points for dis- cussion: 1. It is proposed to divide. Zone 2 along Pennsylvania Avenue into Zone 3 north and Zone 2 south. Thus travel within all zones would be approximately equal. Accord- ingly, it is proposed that the rate charged for service entirely within a zone be charged at the rate of Zone 1. 2. It is proposed that the rate for additional passengers (same ori- gin and destination) be 20c in each zone. The company has proposed 25c in Zone 3. 3. It is proposed that waiting time of 5 minutes be charged at a rate of 12 cents for each 2 minutes of waiting time. In the discussion of rates the company has argued for its pro- posal on these points amongst others: 1. A too high rate on the long haul business will eliminate that business rather than make it pay its full share. 2. A run must be made profit- able for a driver or he will have a tendency not to service the call. This will occur if there is a single rate for intra-zone service. 3. Picking up of extra passen- gers is necessary for the overall profit of drivers and company. III. Minimum Insurance Require.. ments C. The Chairroan of the City In- surance Committee reports the fol- lowing estimated insurance costs. :These estimates are without any fleet discount, experience discount or discount for deductable insur- ance. A. Refer to Table V, "Taxicab Minimum Insurance Requirements." It is apparent that several Iowa cities do not have a large mini- mum requirement. B. Black and White Company re- ports that they have just recently changed their insurance to 100,000- 300,00.50,000 basis. The company reports the cost as $133 per vehicle. It is not reported whether this is an additional cost or total cost. D. 370 2. As a rule of thumb, a cab must charge approximately 40c per revenue mile. The Black and White Company recorded gross mileage and collected revenue for 75% of their vehicles on a portion of Oc- tober 26th and all of October 27th and 28th. The average collection was 23 cents per gross mile. This included the dead miles or nOD- revenue miles driven. Drivers esti- mate the dead miles to be 25 to 30 % of the total. If thls he so then on the test days the average charge was 33 cents per revenue mile. It could well be that the dead miles were more than 30%, how- ever, the test does indicate that the company is operating within the required rule of thumb range. 3. A brief review of the trip sheets of the Black and Whlte Com- pany indicates that an almost negli- gible portion of the trips have origin and destinations completely within Zone 2 or completely with- in Zone 3. This could change with the opening of the Kennedy School or on bad weather days when stu- dents taxi to Wahlert School. 4. The Black and White Com- pany apparently has predicted its rate request on the distance that a zone iSl from 8th and Main and to service a call a cab always starts from this central point. This does not account for the benefit of radio dispatching where by a cab work~ ing in the area of Zone 3 could be sent to a call in that zone. 5. It apppears, on cursory ex~ amination of the service rendered by the Black and White Company, that the fees paid by the shorter trip passenger are subsidizing the longer trip passenger. Further, the cost of the service is greatly re- duced by the practice of picking up several passengers on one run. I believe that the answer to this problem is in the use of rates charged on the basis of taxi-meters and preventing the pick up of extra passengers on a run. The Company argues against the use of taxi-meters on the basis of. A. More vehicular equipment would be required. B. Long haul rates would be so high that taxi service would be priced out of the market. C. Pick up of extra passengers is necessary to make the pro- per earning for both company and driver. 373 the Engineering and Water De- partments. Seconded by Council- man Pfohl. Carried by the follow- ing vote: Yeas-Mayor Horgan, men Kean, Ludwig, Pfohl Nays-None. 1965 October 29, 1965 To The Honorable Mayor And City Council Gentlemen: At a regular meeting of the Du- buque Planning and Zoning Com- mission held on October 28, 1965, the following action was taken: That the petition of George Ken- nedy to vacate a portion of Rock Street and an alley off Rock Street be approved subject to a deter- mination by the City Engineer as to the amount of property needed for the widening of Ninth Street. Respectfully submitted, Dubuque City Planning and Zoning Commission F. J. Glab, Secretary Mayor Horgan moved that the recommendation of the Commis- sion be appproved and referred for proper proceedings. Seconded by Councilman Takas. Carried by the following vote: Yeas-Mayor Horgan, Council men Kean, Ludwig, Pfohl. Takos. Nays-None. October 29, To The Honorable Mayor And City Council Gentlemen: At a regular meeting of the Du- buque Planning and Zoning Com- mission held on October 28, 1965, the following action was taken: That the petition of Mrs. Edna Ries et al requesting the extension of Keokuk Street to Saunders Street be returned to the City Council. The Planning and Zoning Com- mission has viewed this area and agrees that another street connect- ing this area with the Park Hill area would be desirable. It is' rec- ommended that this request be re- ferred to the City Engineer with a recommendation that the location of an access street be determined and apppropriate action taken. Respectfully submitted, Dubuque City Planning and Zoning Commission F. J. Glab, Secretary Councilman Pfohl moved that the recommendation of the Commission be approved. Seconded by COUll- Counci Takos. Regular Session, November 1, 1965 by Councilman Takos. the following vote: Yeas-Mayor Horgan, men Kean, Ludwig, Pfohl Nays-None. October 29, 1965 To The Honorable Mayor And City Council Gentlemen: At a regular meeting of the Dubuque Planning and Zoning Com- mission held on October 28, 1965, the following action was taken: That the following lots be re- zoned from two-family to multiple family zoning classification: Lot 1-1, Lot 2-1, Lot 2-2, Lot 1-1-2, and Lot 2-1-2 of Byrne Subdivision and Lots 1 through 5 of Byrne's Subdivision #2 in the City of Dubuque. The Commission does not recommend the rezoning of Lot 2 of Lot 1 of Lots 24 and 25 in Bonson's and Stewart's Subdivision because it would be an infringement on an area of single family residences. Respectfully submitted, Dubuque City Planning and Zoning Commission F. J. Glab, Secretary Councilman Kean moved that the recommendation of the Commis- sion be approved and referred for proper proceedings. Seconded by Councilman Takos. Carried by the following vote: Yeas-Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays-None. October 29, 1965 To "The Honorable Mayor And City Council Gentlemen: At a regular meeting of the Du- buque Planning and Zoning Com- mission held on October 28, 1965, the following action was taken: That the petition submitted by Midland Laboratories and the Trausch Baking Company to vacate Shields Street from Jones Street to Dodge Street be approved provided that the plans for any construction in this vacated street be approved by the Water Superintendent and City Engineer. Respectfully submitted, Dubuque City Planning and Zoning Commission F. J. Glab, Secretary Councilman Ludwig moved that the recommendation of the Com- mission be approved and referred for proper proceedings subject to approval of construction plans by Carried by Council Takos. Regular Session, November 1, 1965 Nays-None. October 29, 1965 To the Honorable Mayor and City Council Gentlemen: At a regular meeting of the Dubuque Planning and Zoning Commission held on October 28, 1965, the following action was taken: That the petition of the Dubuque Packing Company to vacate a 20 foot wide alley from 16th Street North to and inclUding 18th Street; that portion of 17th Street which is located between Lots 310 and 311 in the East Dubuque #2 Sub- division and for the unvacated por- tion of 18th Street located between Lots 305 and 306 of East Dubuque #2 Subdivision be approved sub- ject to the Dubuque Packing Com- pany establishing a shut-off valve on pUblic property to control the six inch water main which will re- main in vacated 17th Street. Respectfully submitted, DUBUQUE CITY PLANNING & ZONING COMMISSION F. J. Glab, Secretary Councilman Kean moved that the recommendation of the Com- mission be approved and referred for proper proceedings. Seconded by Councilman Ludwig. Carried by the following vote: Yeas - Mayor Horgan, Council man Kean, Ludwig, Pfohl. Takos. Nays-None. Gentlemen At a regular meeting of the Du- buque Planning and Zoning Com- mission held on October 28, 1965, the following action was taken: That the petition from Marvin H. and Betty R. Rehm to rezone Lots 1 of Lot 12 and Lot 13 of Union Avenue Subdivision located at the corner of Alta Vista and Kirkwood from single family to two-family zoning classification be approved. RespectfUlly submitted, Dubuque City Planning and Zoning Commission F. J. (}lab, Secretary Councilman Ludwig moved that the recommendation of the Com- mission be approved and referred for proper proceedings. Seconded . 1965 October 29, Mayor To The Honorable And City Council SIDEWALK Gombert Excavating, Mutual Bonding Co. Respectfully, Gilbert D. Chavenelle, City Manager Councilman Ludwig moved that filing be approved subject to the approval of the City Solicitor. Se- conded by Councilman Takos. Car- ried by the following vote: Yeas - Mayor Horgan, Council men Kean, Ludwig, Pfohl, Takos. Nays-None. October 25, 1965 To the Honorable Mayor and City Council Gentlemen: At a regular meeting of the Du- buque City Planning and Zoning Commission held on October 14, 1965, the following action was tak~ en: That the request to change the street name in "Pioneer Hills" sub. division from Hickok Road to Val- entine Drive be approved and for- warded to the City Council for their consideration. Respectfully submitted, DUBUQUE CITY PLANNING & ZONING COMMISSION F. J. Glab, Secretary Councilman Takas moved that the recommendation of the Com- mission be approved and referred for proper proceedings. Seconded by Councilman Ludwig. Carried by the following vote: Yeas - Mayor Horgan, Council men Kean, Ludwig, Pfohl. Takos. Gentlemen: This is to advise that I have ap- proved the following bond and de- sire to have your approval on same. Merchants 372 more light will be required in the future, the recommended installa- tion seems sufficient for the pre- sent. Respectfully submitted, Gilbert D. Chavenelle City Manager Councilman Ludwig moved that the recommendation of the City Manager be approved. Seconded by Councilman Kean. Carried by the fonowing vote: Yeas - Mayor Horgan, men Kean, Ludwig, pfohl Nays-None. November 1, 1965 To the Honorable Mayor and City Council, Council Takas. 'I" ~, " ~'i!::: ,ill :;::.t >"; i:ll tl ~, Hli~! 1,11 !,~I ~! : I'" , ~ !,:i . u ~; I;' ~':i!' ih H l' b ~ '.I : ,: ! , r 00 J! ~' , " ~i R ji, ~' ~!" ( j , ~ 375 of 1633 White Street; claiming no barricade at said hole, which inci- dent allegedly occurred on Sep- tember 17, 1965. I have made an investigation of this matter and find that at said time and place Peoples Natural Gas were excavating in that area and there had been a barricade in exist~ eoce at said point and it had either been struck or removed by persons unknown immediately prior to the incident at hand. I find no actionable negligence on the part of the City of Dubuque and therefore recommend that said claim be denied as it apppears that claimant's claim, if any. is against the company in question. Original claim is attached hereto. Respectfully submitted, R. N. Russo City Attorney Councilman Piohl moved that the recommendation of the City Solici- tor be approved. Seconded by Councilman Takos. Carried by the following vote: Yeas-Mayor Horgan, Council men Kean, Ludwig, Pfohl. Takos. Nays-None. Gentlemen: On October 2, 1965, C. J. Wiehl of 20 Fremont St., Dubuque, Iowa, filed claim against the City of Du- buque as a result of damage to his basement from sewer backup on September 12, 1965. The claim was referred to the appropriate City Agency who set- tled the claim in the amount of $11.25. It is the recommendation of the City Attorney, therefore, that said claim be denied. Original claim is attached hereto. Respectfully submitted, R. N. Russo City Attorney Councilman Kean moved that the recommendation of the City Attor- ney be approved. Seconded by Mayor Horgan. Carried by the fol- lowing vote: Yeas-Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays-None. Notice of Expiration of Right of Redemption and for taking tax deed on Lot 326 of East Dubuque Addn., presented and read. Mayor Horgan moved that the notice be referred to the City So- October 28, 1965 Hon. Mayor and City Council Re: C. J. Wiehl Session, November 1, 1965 Edna Dunn 50 West 28th St. Dubuque, Iowa Gentlemen: On July 26, 1965, Edna Dunn, 50 West 28th St., Dubuque, Iowa, filed claim for damages in the amount of $45.00 as a result of having faIled in the alley between Main, Iowa Street, between Loras Boule- vard and 15th Street, suffering bruises and damages to clothing from fresh paint sprayed in the alley. The City Attorney referred thls matter to the apppropriate City Agency which has disposed of said claim, and I therefore recommend denial of said claim. Original claim is attached hereto. Respectfully submitted, R. N. Russo City Attorney Councilman Pfohl moved that the recommendation of the City Attor- ney be approved. Seconded by Councilman Takos. Carried by the following vote: Yeas-Mayor Horgan, Council men Kean, Ludwig, Pfohl, Takos. Nays-None. October 27, 1965 Mayor and City Council Re: Norbert Leick Gentlemen: On September 27, 1965, Norbert Leick of 410 Maplewood Court, Du- buque, Iowa, filed claim for dam- ages to his vehicle in the amount of $10.00, claiming said damages were incurred as a result of strik- ing a hole in the street in front ney that said offer of settlement be accepted and the City Auditor be instructed to draw a warrant pay- able to the Estate of Laura Gallo- way and transmit the same to the City Attorney for delivery to claim- ant's estate upon receipt of a duly executed release. Original claim is attached hereto. Respectfully submitted, R. N. Russo Councilman Pfohl moved that the recommendation of the City Attor- ney 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. October 14, 1965 Mayor and City Regular Re: Honorable Council Hon. I Regular Session, November 1, 1965 Council to view the grounds. Sec- onded by Councilman Pfohl. Car- ried by the following vote: Yeas-Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays-None. Attorney Marshall Thomas, rep- resenting Hillcrest Investment Ine., suggested development of MUltiple Housing as proposed in Picardy Park #2. There seems to be a continued shortage of apartment dwellings. The proposed develop. ment would be called town house development at an estimated cost of one and two tenths million dol- lars. It would provide about eighty family units consisting of one, two or three bedrooms as follows: forty eight two bedroom units; twelve three bedroom and twelve one bedroom units and eight effi~ ciency apartments, plus a recrea- tional area. The units would rent from $115 to $195 per month. Need is an important factor. Attorney Hal Reynolds stated that the objector has asked to over. rule the decision of the Planning and Zoning Commission. The deci- sion is not to be based on the need for Multiple Housing. Do you drop Multiple Housing into the normal- ly Family Residential area? This has been going on in this particular area for about ten years and so far it has always been turned down by the Planning and Zoning Com- mission. I've almost made a career out of this issue. Hon. Mayor and City Council Re: Mrs. Laura Galloway 1808 Grace Street Dubuque, Iowa I I III Gentlemen: On April 2, 1964, Mrs. Laura Galloway filed claim for personal injuries suffered on March 26, 1964, Claiming a defective condition thereat upon the public walk on the south side of Tenth Street at a point between Locust Street and the alley east of Locust Street. I have made an investigation of this matter and have conferred with claimant's attorney and since tbe date of fillng of claim said Laura C. Galloway has died al- legedly as a result of said injuries which consisted of a broken hip. The estate of Laura Galloway, through her attorneys, has made an offer of settlement in the amount of $1500,00 and it is the recommendation of the City Attor- 374 cilman Ludwig. Carried by the fol- lowing vote: Yeas-Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays-None. Octoher 29, 1965 To The Honorable Mayor And City Council Gentlemen: At a regular meeting of the Du- buque Planning and Zoning Com- mission held on October 28, 1965, the following action was taken: That the request of Virgil H. Mihm of 396 Klingenherg Terrace to vacate the plot of ground bordo ering his property and convey title to Mr. Mihm be referred back to the Council with the statement that the street or property in question was vacated in 1959 by the City Council. Mr. Mihm has been advised that if he desires to acquire this vacated street that he should make apppli- cation to the Council. Respectfully submitted, Dubuque City Planning and Zoning Commission F, J. Glab, Secretary Councilman Ludwig 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. October 28, 1965 To the Honorable Mayor And City Council Gentlemen: At a regular meeting of the Dubuque City Planning and Zoning Commission held on September 23, 1965 the following action was taken: That the petition submited by Hillcrest Investment Inc. request- ing the rezoning of Lots 1 and 2 of Picardy Park #2 from single family to multiple family zoning classification be denied on the basis that this area is developed primar- ily for single family residences and that it would not be good plan- ning and zoning to change the use of the area to a higher population density. Respectfully submitted, Dubuque City Planning and Zoning Commission F. J. Glab, Secretary Mayor Horgan moved that the recommendation be referred to the " ii " .i iJ! ill ,~~! I~I;~ !H " il ~r : \': !: I ,. p ~, 1: h' " 377 known as the Zoning Map and Zoning Ordinance of the City of Dubuque, so as to change certain property hereinafter described from IISingle Family Residence Districtll Classification to "Mul. tiple Family Residence District" Classification, (Hamblin proper- ty), said Ordinance having been previ. ously presented and read at the Council meeting of October 4, 1965, presented for final adoption. ORDINANCE NO. 35.65 An Ordinance A men din 9 and Changing Ordinance No. 3-34. Known as the Zoning Map and Zoning Ordinance of the City of Dubuque, so as to Change Cer. tain Property Hereinafter De_ scribed From "Single Family Residence District" Classification to "Multiple Family Residence District" Classification. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 01<' DUBUQUE, IOWA: Section 1. That Ordinance No. 3- 34, known as the Zoning Map and Zoning Ordinance of the City of Dubuque be and the same is here- by amended by chang-ing froll "Single Family Residence District" ('Iassificatioll to "Multiple Family Resirlence District" Classification to the following described real estate, to wi t: 8u1;d\~i~fo~' 1~ ath~ tA~ I~~nt~~ buque, Iowa. Passed, adopted and approved this 1st day of Xovember, A.D. 1965 it. 11/5 Councilman Kean moved adop- tion of the Ordinance. Seconded by Councilman pfohl. Carried by the fOllowing vote: Yeas-Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays-None. Proof of Publication, certified to by the Publisher, of notice of public hearing to consider proposal to amend the Zoning Map and Zon- ing Ordinance so as to change Lot 2 of the Subdivision of Mineral Lot 185 in the City of Dubuque from "Single Family Residence Dis- trict Classification" to "Two Family Residence District Classification" presented and read. were filed were present Attest: LEO F. FROMMELT City Clerk Published officially in the Tele- graph-Herald Newspaper this 5th day of November 196!i. LEO F. FROMMELT City Clerk. ROBERT J. HORGAN Mayor RICHARD LUDWIG PETER J. TAKOS ELDON A. PFOHL JAMES J. KEAN Councilmen No written objections and no oral objectors Regular Session, November 1, 1965 feet along University A venue right_ of-way, thence North 530 31' West, 411.64 feet along John F. Kennedy Road right-of-way, thence South :;00 36' East. 169.63 feet to southerly right-of.way line of John F. Kennedy Road and the point of beginning', thence continuing South 300 36' East, 71.90 feet, thence South 770 55' East, 67.75 feet to said John F. Kennedy Road right- -of-way, thence North 530 31' West. 127.77 feet along said John F. Kennedy Road right~of-way to point of begin- ning, containing 0.041 acres. Section 2. This Ordinance shall be in full force and effect from and after Its final passage, adoption and publication as by law pro- vided. Introduced the 27th day of Sept- ember. 1965. Rule requiring reading on three separate days suspended by unani- mous vote the 27th da)' of Sept- tember, 1965. Passed by recorded roll call vote, adopted and approved this 1st day of :-.rovember, 1965. Robert J. Horgan MAYOR Richard Ludwig Peter J. Takos Eldon A. Pfohl James J. Kean COUNCILMEN Attest: Leo F. Frommelt CITY CLERK Published officially in the Tele- graph-Herald Newspaper this 5th day of November 1965. Leo F. Frommelt City Clerk. It. 11-5 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, Takos. Nays-None. Proof of Publication, certified to by the Publisher, of Notice of pub- lic hearing to consider proposal to amend the Zoning Map and Zoning Ordinance so as to change Lots 1, 2, 3 and 4 in Lange's Subdivision in the City of Dubuque from Single Family Residence District Classifi~ cation to Multple Family Residence District Classification, presented and read. No written objections were filed and no oral objectors were pres~ ent in the Council Chamber at the time set for the public hearing. Mayor Horgan moved that the proof of publication be received and filed. Seconded by Council- man Pfohl. Carried by the follow- ing vote: Yeas-Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays-None. and 3.34, ORDINANCE NO. 35-65 An Ordinance Amending Changing Ordinance No. I I ( I~ , \ Session, November 1, 1965 hearing to consider proposal to amend the Zoning Map and Zoning Ordinance so as to change Lot 1 of M. L. 246 (except a certain portion thereof) from Single Family Resi- dence District Classification to "Lo- cal Business District B classifica- tion," presented and read. No written objections were filed and no oral objectors were present in the Council Chamber at the time set for the public hearing. Councilman Takos moved that the proof of publication be re- ceived and filed. Seconded by Councihnan Kean. Carried 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 certain property hereinafter described from "Single Family Residence District" classification to "Local Business District B" classifica~ fion, (McGhee-Chrysler property), said ordinance having been previ- ously presented and read at the Council meeting of September 27, 1965, presented for final adoption. ORDINANCE NO. 32-65 An Ordinance A men din 9 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" Classification to "Local Business District B" Classifica. tion. B.h: 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 Residence District" ClaSSification to "Local Business District B" Classification the following de- scribed real estate: Lot 1 of Mineral Lot 246 in the City of Dubuque, Iowa, except that portion thereof described as follows; which shall remain as Single Family Residence District. Commencing at the southeast corner of Lot 1 of Mineral Lot 246 in Section 27, Dubuque Township. Dubuque County, Iowa, now in the City of Dubuque, Iowa, also being the southwest corner of "Bird Chevrolet Center Grove Place" in Section 27. Dubuque Township, Dubuque County Iowa, now in the City of Dubuque. Iowa. thence North 730 56' West, 77.18' along University Avenue right-of-way, thence North 740 03' West, 117.45 Regular licitor for investigation and report. Seconded by Mayor Horgan. Car- ried by the following vote: Yeas-Mayor Horgan, Council. men Kean, Ludwig, Pfohl, Takos. Nays-None. Notice of claim of Clem Koppes of 2113 Washington St. in the amount of $62.00 for car damage as the result of being struck by a city owned vehicle at 15th and Sycamore on June 22, 1965, present- ed and read. Councilman Ludwig moved that the claim be referred to the City Solicitor for investi- gation and report. Seconded by Councilman Pfohl. Carried by the following vote: Yeas-Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays--None. Notice of claim of Victoria A. Vallet of 2605 Mesa Drive, in an unspecified amount for car and personal damage incurred as the result of being struck by a city owned water truck on October 2, 1965, at Muscatine and Putnam Streets, presented and read. Councilman Ludwig moved that the claim be received and filed. Seconded by Councilman Pfohl. Carried by the following vote: Yeas-Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. N ays--N one. Notice of claim of Fred H. Sin~ hold in the amount of $174.87 for car damage as the result of strik- ing a hole in Cox Street on October 10, 1965, presented and read. Councilman Ludwig moved that the claim be referred to the City Solicitor for investigation and re- port. Seconded by Council Pfohl. Carried by the following vote: Yeas-Mayor Horgan, Council. men Kean, Ludwig, Pfohl, Takos. Nays-None. Notice of claim of Harold Kamm of 2395 Rhomberg Ave. in the amount of $458.59 for expense in~ curred as the result of a faulty storm sewer, presented and read. Mayor Horgan moved that the claim be referred to the City So- licitor for investigation and report. Seconded by Councilman Takos. Carried by the following vote: Yeas-Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takas. Nays-None. Proof of Publication, certified by the Publisher, of notice of public $76 . 879 against such proposal and which real estate is described as follows, to wit: Lot lOA of Subdivision of Min- eral Lot 149 in the City of Du- buque, Iowa Lot llA and 12A of the Subdivi- sion of Mineral Lot 149 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 Harold J. Heller and Wilma M. Heller; and Frederick Fuerste and Marion Fuerste for part of the agreed sum of One Hundred ($100.00) Dollars plus costs of pub- lication. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF CITY OF DUBUQUE, IOWA: Section 1. That the disposal of the interest of City of Dubuque in and to the following described real estate for part of the agreed sum of $100.00 plus costs of publication to the following named persons be and the same is hereby approved, subject however, that easement be reserved by City of Dubuque for storm sewer, sanitary sewer and water main and easement for pub- lic utilities, to wit: Lot lOA of Subdivision of Min- eral Lot 149 in City of Dubuque, Iowa, Harold J. Heller, Wilma M. Heller Lot llA and 12A of the Subdivi- sion of Mineral Lot 149 in the City of Dubuque, Iowa, Frederick Fuerste, Marion Fuerste. Section 2. That the Mayor and City Clerk are hereby authorized and directed to execute Quit Claim Deed of City of Dubuque, Iowa, conveying to the above named par- ties, all of its rights, title and in- terest in and to the real estate hereinabove described, sub j e c t however, to easements reserved. Section 3. That the City Clerk be and he is hereby authorized and directed to record a certified copy of this Resolution in the office of the Dubuque County Recorder in and for Dubuque County, Iowa, im- mediately after delivery of Deeds to purchasers. Passed, adopted and approved thls 1st day of November, A.D., 1965. Session, November 1, 1965 Council- Takos. RESOLUTION NO. 243.65 WHEREAS, pursuant to resolu- tion and published notice of time and place of hearing, published in the Telegraph-Herald, a newspaper of general circulation published in the City of Dubuque, Iowa, on October 13, 1965, and on October 20, 1965, City Council of Dubuque, Iowa, met on the 1st day of N 0- vember, 1965, at 7:30 o'clock P.M., Central Standard Time, in the City Council Chamber in the City Hall, Dubuque, Iowa, to consider the proposal to dispose of certain real estate at which hearing all in- terested persons were afforded an opportunity to be heard for or Manager and Traffic Captain Jena- man. Seconded by Councilman Lud- wig. Carried by the following vote: Yeas-Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays-None. Petition of Ellwood J. Gatton re- questing a refund of $375. on the unexpired portion of Liquor Li- cense No. C-2065, presented and read. Councilman Takos moved that the refund petition be granted and the Auditor instructed to issue pro~ per warrant. Seconded by Council- man Ludwig. Carried by the fol- lowing vote: Yeas-Mayor Horgan, Council- men Kean, Ludwig, Piohl, Takos. Nays-None. Proof of Publication, certified to by the Publisher, of notice of public hearing to consider proposal to dispose of Lot lO-A of the Sub. M. L. 149 to Harold J. & Wilma M. Heller and Lot llA and 12A of the Sub. of M. L. 149 to Frederick & Marion Fuerste, presented and read. No written objections were filed and no objectors were present in the Council Chamber at the time of the puhlic hearing. Mr. Heller was present and made inquiry as to the price of $100. however not objecting to the sale of the property, Attorney Russo made explanation to Mr. Heller's satisfaction. Councilman Takos moved that the proof of publication be re- ceived and filed. Seconded by Councilman Pfohl. Carried by the following vote: Yeas-Mayor Horgan, men Kean, Ludwig, Pfohl, Nays-None. Regular If , Regular Session, November 1, 1965 Petition of Dubuque Chamber of Commerce requesting permission to erect the Angel-Tree City Christmas Decorations for the 1965 holiday season, presented and read. Coun- cilman Pfohl moved that the peti- tion be granted. Seconded by Coun- cilman Ludwig. Carried by the fol- lowing vote: Yeas-Mayor Horgan, Council- men Kean, Ludwig, pfohl, Takas. Nays-None. Petition of Henry Kieffer re- questing vacation and conveyance of the east end of Farragut Street from the alley that runs parallel with Garfield Ave. 127' east to the railroad tracks, presented and read. Councilman Ludwig moved that the petition be referred to the Plan- ning and Zoning Commission. Sec- onded by Councilman Kean. Car- ried by the fOllowing vote: Yeas-Mayor Horgan, Council. men Kean, Ludwig, pfohl, Takos. Nays-None. Petition of Sacred Heart Parish requesting consideration for the possible purchase of a city owned lot across from the Sacred Heart School, being Mineral Lot 313 plus two small pie shaped pieces de- scrihed as Lot 5 of 63 and Lot 6 of 63 of Sanford's Subdivision, to be used as a playground, presented and read. Councilman Takos moved that the petition be referred to the City Solicitor for investigation and report. Seconded by Mayor Hor- gan. Carried by the following vote: Yeas-Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takas. Nays-None. Petition of Richard E. Mayne as Chairman of the Retail Merchants Bureau Christmas Parade Commit- tee requesting permission to hold a parade on November 22, 1965, presented and read. Councilman Ludwig moved approval of the peti- tion subject to approval of the City Manager and Police Chief. Second. ed by Councilman Takos. Carried by the following vote: Yeas-Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. N ays--N one. Petition of Carl VanDuelman re- questing one half hour parking from 9 A.M. to 6 P.M., Monday through Saturday, between Gold Street and Foye Street, presented and read. Councilman Pfohl moved that the petition be approved sub- ject to the approval of the City in the Council Chamber at the time set for the public hearing. Councilman Pfohl moved that the proof of publication be received and filed. Seconded by Councilman Kean. Carried by the following vote: Yeas-Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays-None. ORDINANCE NO. 36-65 An Ordinance Amending and changing Ordinance No. 3-34, known as the Zoning Map and Zoning Ordinance of the City of Dubuque, so as to change cer. tain property hereinafter de- scribed from "Single Family Residence District" classifica. tion to "Two Family Residential District" classification (M i II e r property Rosed'ale) said Ordinance having been previ- ously presented and read at the Council meeting of October 4, 1965, presented for final adoption. ORDINANCE NO. 36_65 An Ordinance Amending and Changmg Ordinance No, 3-34, Known as the Zoning Map and Zoning Ordinance of the City of Dubuque, so as to Change Cer. hin Property Hereinafter De- scribed from "Single Family Residence District" Classifica- tion to "Two-Family: Residential District" Classification. BE IT ORDAINED BY THE Cl'~'Y COUNCIL OF THE CITY 01<' 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 Family Residence District"' Classification to "Two Family Residence District" Classification to the following described real es- tate, to wit: Lot 2 of the Subdivision of Mineral Lot 185, in the City of Dubuque, Iowa. Passed, adopted and approved this 1st day of November, A. D., 1965. It. 11-5. Councilman Kean moved adop- tion of the Ordinance. Seconded by Councilman Pfohl. Carried by the following vote: Yeas-Mayor Horgan, men Kean, Ludwig, pfohl Nays-None. Robert J. Horgan Mayor Richard Ludwig Peter J. Takos Eldon A. Pfohi James J. Kean Councilmen Attest: Leo F. Frommelt City Clerk Published officially in The Tele- graph_Herald this 5th day of No- vember 1965 Leo F. Frommelt City Clerk Council Takos. 878 381 RECORD OF FINAL ADOPTION The foregoing resolution was fin- ally passed and adopted as pro- posed, by the City Council this 1st day of November, 1965. Robert J. Horgan Mayor Richard Ludwig Peter J. Takas Eldon A. Pfohl James J. Kean Councilmen Attest: Leo F. Frommelt City Clerk Councilman Kean moved adop- tion of the resolution. Seconded by Councilman Takas. Carried by the following vote: Yeas - Mayor Horgan, Councii men Kean, Ludwig, Pfohl, Takas. Nays-None. (Ordering Construction) RESOLUTION NO. 245-65 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE that pursuant to a reso- lution of necessity No. 215-65 which was duly passed by this Council, 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 Subdivi- sion. be and the same are hereby or- dered and constructed by this Council upon its own motion and with or without the petition of property owners. All the work shall be constructed in accordance with the plans and speCifications heretofore adopted and now on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the cost and expense of the said improvements be paid for by levying special assessments against the privately owned prop- erty lying within the assessable distance from the improvements, whether such property abut upon the same or are adjacent thereto, according to the area thereof and in proportion to the special bene- fits conferred, and any deficiency will be paid out of the sewer funds of the city. Payments will be made to the contractor out of funds rea- lized from the sale of bonds or with Bonds to be issued in antici- pation of deferred pa;yments of assessments as provided by law after the work has been completed and accepted by the City Council. I Regular Session, November 1, 1965 5. In each case the amount there- of which is estimated to be as- sessed 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 RESOLVED that the City Council on its own motion or upon petition of property owners, deems it advisable and necessary for the public welfare to make the herein mentioned improvement, and un- less 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 thereto. Said improvement shall be con- structed and done in accordance with the plans and specifications which have been prepared therefor by the City Engineer which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said improvement will be assessed upon and against all privately owned property lying within assessable distance provided by law and in an amount not to exceed the amount prOVided by law, property will be assessed whether the same abuts thereon or is adjacent thereto according to area and in proportion to the special benefits conferred thereby, and any deficiency shall be paid out of the sewer funds. Bonds shall be issued and sold in antici- pation of deferred payments of as- sessments when a contract has been performed and accepted and the proceeds thereof used to pay the contractor. The railway portion of any street or assessment district shall be assessed to and paid by the railway company. The above resolution was intro- duced, approved and ordered placed on file with the City Clerk this 27th day of September, 1965. 3. Each lot proposed to be 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. i 11' ~. I I !~ , \ 1, 1965 the City Hall for the purpose of hearing all interested parties and considering any and all objections which have been filed to the pro- posed plans, specifications or con- tract for or cost of the improve- ment herein described and pro- posed to be made; and WHEREAS, all interested parties have been given an opportunity to be heard and all objections which have been duly weighed and con- sidered; now, therefore BE IT RESOLVED by the City Council of the City of Dubuque, that all objections which have been made and filed to the plans, speci- fications, contract for or cost of said improvement herein described and proposed to be made, be and the same hereby overruled and such plans, specifications and form of contract heretofore approved are hereby adopted. BE IT FURTHER RESOLVED that this resolution containing the decision of this Council upon all objections which have been filed to the plans, specifications and form of cost said improvement be made a matter of permanent re. cord in connection with said im- provement. Passed, adopted and approved this 1st day of November, 1965. Robert J. Horgan Mayor Richard Ludwig Peter J. Takos Eldon A. pfohl James J. Kean Councilmen Attest: Leo F. Frommelt City Clerk Councilman Takas moved adop- tion of the resolution. Seconded by Councilman Pfohl. Carried by the following vote: Yeas - Mayor Horgan, men Kean, Ludwig, Pfohl, Nays-None. (Necessity for if Council Takas. mprovement) RESOLUTION NO. 215-65 WHEREAS, proposed plans, spec- ifications, form of contract, plat and schedule have been duly pre- pared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk showing among other things the following: 1. The boundaries of the district, any. 2. The size and kind of sewers. Session, November Roher! J. Horgan Mayor Richard Ludwig Peter J. Takas Eldon A. Pfohl James J. Kean Councilmen Leo F. Frommelt City Clerk Councilman Kean moved adop- tion of the resolution. Seconded by Councilman Pfohl. Carired by the following vote: Yeas-Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takas. Nays-None. Proof of Publication, certified to by the Publisher, of Notice of Pendency of Resolution of Neces- sity for public improvements and hearing upon proposed plans and specifications, form of contract and cost of improvements for the con- struction of an eight inch (8") sani- tary sewer from the Catfish Creek Sanitary sewer northerly through Lot 3 to Lot 7 inclusive of Moore Heights subdivision, presented and read. Councilman Kean moved that the proof of publication be re- ceived and filed. Seconded bv Councilman Takas. Carried by th~ following vote: Yeas-Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays-None. Decision of Council upon objections to plans, specifications, form of contract and cost of improvements RESOLUTION NO. 244-65 WHEREAS, proposed plans and specifications and form of contract for the construction of an eight inch (8'') Sanitary sewer from the CaUish Creek Sanitary Sewer nor- therly through Lot 3 to Lot 7 in. elusive of Moore Heights subdivi- sion have been approved by the City Council of the City of Du. buque and public notice given as provided by Chapter 23 of the Code of Iowa, 1962, pertaining to public contracts and bonds, and the time and place fixed for the hear- ing of all objections to said plans, specifications or contract for or cost of such improvements, said time being this 1st day of Novem- ber, 1965; and WHEREAS, the City Council met in regular session this 1st day of November, 1965, at 7:30 o'clock P.M. at the CQuncil Chambers in Regular Attest: 380 383 CITY OF DUBUQUE 1965 HOT MIX-HOT LAID ASPHALTIC CON- CRETE PAVING PROJECT NO.1 on the following named alley and streets: 1. Alley between Locust street and Bluff Street from 9th Street to 10th Street. 2. East Fifteenth street from the W.P.L. of Sycamore street to the E.P.L. of Pine Street. 3. Fremont Avenue from the S.P.L. of Simpson Street to the present City Limits. 4. John F. Kennedy Road from the S.P.L. of Asbury Street to the N.P.L. of Pennsylvania Avenue. 5. 'Vest Locust Street from the E. P.L. of Clarke Drive to the W.P. L. of Hodgdon Street. 6. Pennsylvania Avenue from the Section corner of Sections 21, 22, 27 and 28 to the W.P.L. of Key Knolls Subdivision. 7. East Twelfth Street from the E. P.L. of Elm Street to the E.P.L. of Central Avenue. 8. West Twelfth Street from the W.P.L. of Main Street to the E.P.L. of Bluff Street. has been completed and the City Engineer has submitted his final estimate showing the cost thereof including the cost of estimates, notices, inspection, and preparing the assessment and plat, now there. fore. BE IT RESOLVED, by the City Council of the City of Dubuque, That the cost of said improve- ment is hereby determined to be $240,771.84. That $142,718.91 of the cost thereof shall be assessable upon private property and $98,052.93 shall be paid from the Street Road Use Tax 135 1 Fund of the City of Dubuque. Passed, adopted and approved this 1st day of November, 1965. Robert J. Horgan Mayor Richard LUdwig Peter J. Takos Eldon A. Pfohl James J. Kean Councilmen Attest: Leo F. Frommelt, City Clerk Councilman Kean moved adop- tion of the resolution. Seconded by Councilman Takos. Carried by the following vote: . _tfu1'ur. Session, November 1, 1965 Gentlemen: This is to advise that the City of Dubuque 1965 Hot Mix-Hot Laid Asphaltic Concrete Paving Project No. 1 has been completed in ac- cordance with the plans and spec- ifications of the City of Dubuque. I therefore recommend the accept- ance of the above named project. Respectfully submitetd, Gilbert D. Chavenelle, City Manager Councilman Ludwig moved that the recommendation of the City Manager be approved. Seconded by Councilman Takos. Carried by the following vote: Yeas - Mayor Horgan, Council men Kean, Ludwig, Pfohl. Takos Nays-None. Flnol the 1965 and specifications and recommends its acceptance, now therefore, BE IT RESOLVED, by the City Council of the City of Dubuque, that the recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted. BE IT FURTHER RESOLVED, that the City Treasurer be and he is hereby directed to pay to the contractor from the Sanitation- Municipal Improvements Fund for 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 1st day of November, 1965. Robert J. Horgan Mayor Richard LUdwig Peter J. Takos Eldon A. Pfohl James J. Kean Councilmen RESOLUTION NO. 248-65 WHEREAS, the contract for construction of October 26, Mayor Estimate Regular ~lt, To the Honorable and City Council i I R , Regular Session, November 1, 1965 Road, thence westerly in Kerrigan Road right of way to Southern Avenue, thence southerly in South- ern Avenue to the southerly prop- erty line of Samuel Street. has been completed and the City Engineer has submitted his final estimate showing the cost thereof including the cost of estimates, notices, inspection, and preparing the assessment and plat, now there- fore, BE IT RESOLVED, by the City Council of the City of DUbuque, That the cost of said improve- ment is hereby determined to be $129,418.50. That none of the cost thereof shall be assessable upon private property and $118,571.90 shall be paid from the Sanitation-Munici- pal Improvement Fund and $10, 846.57 from the Sewage Treatment Construction Fund of the City of Dubuque. Passed, adopted and approved this 1st day of November, 1965. Robert J. Horgan Mayor Richard Ludwig Peter J. Takos Eldon A. Pfohl James J. Kean CouncilIlicn Attest: Leo F. Frommelt City Clerk Councilman Takos moved the adoptio~ of the resolution. Se. conded by Mayor Horgan. Carried by the following vote: Yeas - Mayor Horgan, Council men Kean, Ludwig, Pfohl, Takos. Nays-None. (A Resolution Improve. RESOLUTION NO. 247-65 WHEREAS, the contract for the Construction of an eighty-four inch (84") through sixty-six inch (66") storm sewer and appurtenances in Southern Avenue, from the existing storm sewer manhole located in the right of way of Kerrigan Road, thence westerly in Kerrigan Road right of way to Southern Avenue, thence southerly in Southern Av- enue to the Southerly property line of Samuel Street has been completed and the City Manager has examined the work and filed his certificate stating that the same has been completed according to the terms of the contract, plans Accepting ment) BE IT FURTHER RESOLVED that the City Clerk be and he is hereby ordered and directed to ad- vertise for proposals for the con- struction of the various improve- ments herein provided for in the manner provided by law, the said improvements shall be completed on or before 30 days after notice to proceed is issued. BE IT FURTHER RESOLVED that this resolution being deemed urgent and of immediate necessity shall be in force and effect from and after its passage and adoption by the City Council. Passed, adopted and approved this 1st day of November, 1965. Robert J. Horgan Mayor Richard Ludwig Peter J. Takos. Eldon A. Pfohl. James J. Kean Councilmen Attest: Leo F. Frommelt City Clerk Councilman Takos moved 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. November 1, 1961; To the Honorable Mayor and City Council The Southern Avenue Storm Sewer - 1965 has been completed in accordance with plans and speci- fications by Hennessey Brothers, Inc. of Marion, Iowa. I recommend that the improve- ment be accepted. Respectfully, Gilbert D. Chavenelle City Manager Councilman Takos moved that the recommendation of the City Manager be approved. Seconded by Councilman Ludwig. Carried by the following vote: Yeas - Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays-None. FINAL ESTIMATE RESOLUTION NO. 246-65 WHEREAS, the contract for the construction of an eighty-four inch (84.11) through sixty-six inch (66") storm sewer and appurtenances in Southern Avenue, from the exist- ing storm sewer manhole located in the right of way of Kerrigan 382 ~II! I' ,.I: 111 :i~i I, " ':' Il' ~ 'Ji' ~!' .ii ;[ " ! f, [1 ~' ~ I: I, ~, i ~~ l I I I ~ 385 Passed, adopted and approved this 1st day of November, A.D. 1965. Robert Attest: Leo F. Frommelt, City Clerk Councilman Takas 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. Proof of Publication, certified to by the Publisher, of notice of public hearing to consider proposal to dispose of Lot A of Lot 1 of Lot 1 of Smith Meadow Lane Place in the City of Dubuque, to Leland P. & Gladys Stocker, presented and react. No written objections were filed and no oral objectors were pres- ent in the Council Chamber at the time set for the public hearing. Councilman Kean 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, Counci men Kean, Ludwig, Pfohl, Takos. Nays-None. RESOLUTION NO. 251-65 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 October 8, 1965 and on October 15, 1965, City Council of Dubuque, Iowa, met on the 1st day of November, 1965, at 7:30 o'clock P.M., Central Standard Time, in the City Council Chamber in the City Hall, Dubuque, Iowa, to consider the proposal to dispose of certain real estate at which hearing aU interested persons were afforded an opportunity to be heard for or against such proposal and which real estate is described as follows, to wit: Lot A of Lot 1 of Lot 1 of Smith Meadow Lane Place in the City of Dubuque, Dubuque County, Iowa; J. Horgan Mayor Richard Ludwig Peter J. Takos Eldon A. Pfohl James J. Kean Councilmen Session, November 1, 1965 Dubuque, Iowa to consider the proposal to dispose of certain real estate at which hearing all inter- ested persons were afforded an opportunity to be heard for or against such proposal and which real estate is described as follows, to wit: Lot 1 of Lot 2 of Lot 1 of Block 8, and Lot 1 of Lot 2 of Block 8, all in River Front Subdivision NO.3 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 T. ROBERT !BINGER for the sum of Three Thousand ($3,000.00) Dol- lars per acre plus costs of publica- tion. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF 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: Lot 1 of Lot 2 of Lot 1 of Block 8, and Lot 1 of Lot 2 of Block 8, all in River Front Subdivision No. 3 in the City of Dubuque, Iowa, to T. ROBERT !BINGER for the sum of $3,000.00 per acre plus costs of publication, be and the same is hereby approved. Section 2. That the Mayor and City Clerk are hereby authorized and directed to execute Quit Claim Deed of City of Dubuque, Iowa, conveying to T. Robert Ibinger, all of its rights, title and interest in and to the real estate hereinabove described, subject however, to reservation of easement in favor of City of Dubuque, 24 feet in width for purpose of flood control devices and for purpose of access in, over and across the same and egress therefrom, and to deliver said Deed upon receipt of the purchase price of $3,000.00 per acre and receipt of payment of costs of puh- lication. Section 3. That the City Clerk be and he is hereby directed to file a certified copy of this resolution in the office of the Dubuque Coun- ty Recorder in and for Dubuque County, Iowa, immediately after delivery of Deed to purchaser. Regular f ~ I Session, November 1, 1965 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 Im- provement bonds issued upon the above described improvement in amount equal to the amount of his contract, less any retained percent- age provided for therein. Passed, adopted and approved this 1st day of November, 1965. Robert J. Horgan Mayor Richard Ludwig Peter J. Takos Eldon A. Pfohl James J. Kean Councilmen Attest: Leo F. Frommelt City Clerk Councilman Kean moved adop- tion of the resolution. Seconded by Councilman Takas. Carried by the following vote: Yeas - Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. N ays--N one. Proof of Publication, certified to by the Publisher, of Notice of pub- lic hearing to consider proposal to dispose of Lot 1 of Lot 2 of Lot 1 of Block 8 and Lot 1 of 2 of Block 8 all in River Front Subdivision NO.3 in the City of Dubuque, Iowa to T. Robert Ibinger for the sum of $3000. per acre, presented and read. No written objections were filed and no oral objectors were present in the Council Chamber at the time set for the public hearing. Councilman Kean moved that the proof of publication be received and filed. Seconded by Councilman Pfohl. Carried by the following vote: Yeas - Mayor Horgan, CouncU men Kean, Ludwig, Pfohl. Takos Nays-None. RESOLUTION NO. 250-65 WHEREAS, pursuant to resolu. tioD and pUblished notice of time and place of hearing, published in the Telegraph-Herald, a newspaper of general circulation published in the City of Dubuque, Iowa, on Octo- ber 8, 1965 and on October 15, 1965, City Council of Dubuque, Iowa, met on the 1st day of Novem- ber, 1965, at 7:30 o'clock P.M., Cen- tral Standard Time, in the City Council Chamber in the City Hall, I Regular Yeas-Mayor Horgan, Council men Kean, Ludwig, Pfohl, Takos, Nays-None. (A Resolution Accepting Improve- ment and Directing the Clerk to Publish Notice.) RESOLUTION NO. 249-65 WHEREAS, the contract for the CITY OF DUBUQUE 1965 HOT MIX-HOT LAID ASPHALTIC CON. CRETE PAVING PROJECT NO.1 on the following named alley and streets: 1. Alley between Locust street and Bluff Street from 9th Street to 10th Street. 2. East Fifteenth street from the W.P .L. of Sycamore Street to the E.P.L. of Pine Street. 3. Fremont Avenue from the S.P.L. of Simpson Street to the present City Limits. 4. John F. Kennedy Road from the S.P.L. of Asbury Street to the N.P.L. of Pennsylvania Avenue. 5. West Locust Street from the E.P. L. of Clarke Drive to the W.P.L. of Hodgdon Street. 6. Pennsylvania Avenue from the Section corner of Sections 21, 22, 27 and 28 to the W.P.L. of Key Knolls Subdivision. 7. East Twelfth Street from the E. P.L. of Elm Street to the E.P .L. of Central Avenue. 8. West Twelfth Street from the W.P.L. of Main Street to the E.P.L. of Bluff Street has been compieted and the City Manager 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, by the City Council of the City of Dubuque, that the recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted and the City Engineer be and is hereby directed to prepare a plat and schedule showing the lots or parcels of real estate subject to assessment for said improvement and file the same in the office of the City Clerk subject to public inspection and said Clerk shall upon receipt of such plat and schedule pUblish the notice of the Council's inten. tion to levy special assessments therefor, as required by law. 'i 384 387 Attest: Leo F. Frommelt, City Clerk Councilman Pfohl moved adop- tion of the resolution. Seconded by Councilman Kean. Carried by the following vote: Yeas - Mayor Horgan, Council- men Kean, Ludwig, pfohl. Takos. Nays-None. I RESOLUTION NO. 255-65 WHEREAS, applications for Beer Permits have been submitted to thls Council for approval and the same have been examined: NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the following applica- tions be granted and licenses be issued upon the compliance with the terms of the ordinances of the City. Name Address CLASS "B" BEER PERMIT PRIVATE CLUB American Veterans of World War II, 429 Main Street CLASS "B" BEER PERMIT Russell Evans, 29 West 8th Avenue David L. Hickey, 107 Locust Street Raphael William Grant, 3050 As- bury Street Russell E. Myers, 1618 Central Av- enue Marcella McCarty, 2093 Washing- ton Street CLASS "C" BEER PERMIT The Great Atlantic and Pacific Tea Co., 1101 Central Avenue Lil' Giant Food Store, 1101 Rhom- berg Avenue J. F. Thompson, 32nd & Jackson Street Helen A. O'Mara, 1397 Washington Street Passed, adopted and approved this 1st day of November, 1965. Robert J. Horgan Mayor Richard Ludwig Peter J. Takos Eldon A. pfohl James J. Kean Councilmen Robert J. Horgan Mayor Richard Ludwig Peter J. Takos Eldon A. pfohl James J. Kean Councilmen Attest: Leo F. Frommelt, City Clerk RESOLUTION NO. 254-65 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 withln said City. Name Address Warehouse Market, John F. Ken- nedy Road Eldon J. Konzen, 1281 Dodge Street BE IT FURTHER RESOLVED that the bonds filed with the appli- cation be approved. Passed, adopted and approved thls 1st day of November, 1965. Regular Session, November 1, 1965 WHEREAS, City Council of City of Dubuque has examined said agreement and deems the execu- tion thereof by City of Duhuque, to be in the best public interest. NOW THEREFORE BE IT RE. SOLVED BY THE CITY COUNCIL OF CITY OF DUBUQUE, IOWA: Section I. Amendatory Agree- ment to Lease NOy(R)-4()838 a copy of which is hereto attached be and the same is hereby approved. Section 2. That public hearing thereon be held in the City Council Chamber, City Hall, at 7:30 o'clock P.M. on the 6th day of December, 1965. Section 3. That the City Clerk be and he is hereby authorized and directed to publish notice of the terms and provisions of said agreement once in the Telegraph- Herald, a newspaper of general circulation published in the City of Dubuque, Iowa as is by law pro~ vided_ Passed, adopted and approved this 1st day of November, 1965. Robert J. Horgan Mayor Richard Ludwig Peter J. Takos Eldon A. pfohl James J. Kean Councilmen Attest: Leo F. Frommelt, City Clerk Councilman Pfohl moved adop- tion of the resolution. Seconded by Councilman Kean. Carried by the following vote: Yeas - Mayor Horgan, Counril- men Kean, Ludwig, Pfohl, Takos. Nays-None. Regular Session, November 1, 1965 Dubuque, Iowa, 1966 Tentative Street and Parking Budget and Construction Report. WHEREAS, a distribution of ex- penditures and receipts of the City of Dubuque Tentative Street and Parking Budget and Construction Report for the year beginning Jan- uary 1, 1966 and ending December 31, 1966 has been duly prepared in accordance with Chapter 312, Road Use Tax Fund, Code of Iowa, and as amended by the 60th Gen. eral Assembly State of Iowa, and submitted to this Council for ap- proval and, WHEREAS, this Council has ex- amined the Tentative Street and Parking Budget and Construction Report for the year 1966 wherein a distribution of expenditures and receipts for the fiscal year are shown. That the distribution of expen. ditures and receipts for the Tenta- tive Street and Parking Budget and Construction Report for the Fiscal year 1966 be and the same is here- by adopted this 1st day of Novem- ber, 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. Takos. Nays-None. RESOLUTION NO. 253-65 WHEREAS, City of Dubuque, Iowa, proposes to enter its Amend- atory Agreement to Lease NOy(R)- 40838 with the United States of America extending existing lease presently terminating on June 30, 1967 for a period of ten years to June 30, 1977, which pertains to the premises known as the U.S. Naval Reserve Training Center; and NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Robert J. Horgan Mayor Richard Ludwig Peter J. Takos Eldon A. pfohl James J. Kean Councilmen 386 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 LELAND P. STOCKER and GLADYS STOCKER for the costs of publication. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF 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: Lot A of Lot 1 of Lot 1 of Smith Meadow Lane Place in the City of Dubuque, Dubuque County, Iowa, to Leland P. Stocker and Gladys Stocker for the costs of pUblication be and the same is hereby approv- ed. Section 2. That the Mayor and City Clerk are hereby authorized and directed to execute Quit Claim Deed of City of Dubuque, Iowa, conveying to Leland P. Stocker and Gladys Stocker all of its rights, title and interest in and to the real estate hereinabove described, and to deliver said Deed upon re- ceipt of the costs of publication. Section 3. That the City Clerk be and he is hereby authorized and directed to record a certified copy of this Resolution in the office of the Dubuque County Re- corder in and for Dubuque County, Iowa, immediately after delivery of Deed to purchaser. Passed, adopted and approved this 1st day of November, A.D., 1965. Robert J. Horgan Mayor Richard Ludwig Peter J. Takos Eldon A. Pfohl James J. Kean Councilmen Attest: Leo F. Frommelt, City Clerk Councilman Takos moved adop- tion of the resolution. Seconded by Councilman Pfohl. Carried by the following vote: Yeas - Mayor Horgan, Council men Kean, Ludwig, Pfohl, Takos Nays-None. RESOLUTION NO. 252-65 Resolution Approving the City of I'::: i.I "~' tn ~!: '1'" "t I" 111 :(, '\'~: J I. "; ~j . ., i "~' ~: t l~ !~!:' ~'i!' If: !~,; 'I' 'I" I 'T ~.,:, ;' I] ~, "Ii 389 WHEREAS, Vulcan Tool Co. of Dayton, Ohio is the successor in interest therein to Arbor Tool Company; and whereas, in the original grant of the City of Dubuque, Iowa, an option was granted for the pur- chase of the following described real estate: Lot 3, Block 14 in River Front Subdivision No. 3 in the City of Dubuque, Iowa upon specified terms and condi- tion, and which option terminates on the 2nd daY' of February, 1966; and WHEREAS, Vulcan Tool Co. of Dayton, Ohio desires an extension of said option to the 31st day of August, 1967; and WHEREAS, extension of said option will serve the best public interest. l; NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUN. CIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Vulcan Tool Co. of Dayton, Ohio be and it is hereby granted an extension of option to purchase the following described real estate: Lot 3, Block 14 in River Front Subdiivsion No.3 in the City of Dubuque, Iowa, which option is hereby extended from the 2nd day of February, 1966 to the 31st day of August, 1967 and which may be exercise- able at any time by Vulcan Tool Co. of Dayton, Ohio, during such period upon the following terms and conditions, to wit: a) Purchase price therefor shall be the amount of $3,500.00 per acre; b) Exercise of said option is con- tingent upon Vulcan Tool Co. employing for at least three months just prior to the exer- cise of said option of not less than forty persons and the property hereinabove described be acquired for the purpose of construction of an addition to the present building or for addi- tional facilities for use by the business conducted on the pres- ent plant site. Assurance of intent that the premises will be occupied pri- marily for industrial manufac- turing purposes 1, 1965 Session, November Dubuque, Iowa, that the Manager be authorized to cause to be is- sued to the following named ap- plicants a Liquor Permit. Name Address CLASS "C" COMMERCIAL ESTABLISHMENT Do r i s J. Tigges, 2776 Jackson Street Raphael William Grant, 3050 As- bury Street Karl Henry Oleson, 1701 Asbury Street Passed, adopted and approved this 1st day of November, 1965. Robert J. Horgan Mayor Richard Ludwig Peter J. Takos Eldon A. Pfohl James J. Kean Councilmen c) Attest: Leo F. Frommelt City Clerk Councilman Takas moved adop- tion of the resolution. Seconded by Councilman Kean. Carried by the following vote: Yeas - Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takas. Nays-None. Hon. Mayor Gentlemen: Sometime ago your Honorable Body approved motion on the granting of extension of option to Vulcan Tool Co. of Dayton, Ohio. I am enclosing a Resolution for your formal adoption in accord- ance with the action taken by the City Council. Respectfully yours, R. N. Russo City Attorney 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. Takas Nays-None. RESOLUTION NO. 259-65 WHEREAS, City of Dubuque, Iowa has heretofore disposed of certain real estate to Dubuque Industrial Development Corpora- tion; for the location of ARBOR TOOL COMPANY thereon; and Regular 1, 1965 November & City Council I i I , Regular Session, November 1, 1965 Councilman Kean moved adop- tion of the resolution. Seconded by Councilman Takas. Carried by the following vote: Yeas - Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays-None. RESOLUTION 257-65 WHEREAS, applications for Liq- uor Permits have been submitted to this Council for approval and the same have been examined, NOW THEREFORE BE IT RE- SOLVED, by the City Council of the City of Dubuque, Iowa, that the follow i n g applications be granted and licenses issued upon the compliance with the terms of the lOW A LIQUOR CONTROL ACT-CHAPTER 123-as amend- ed by the 60th General Assembly, 1963. 388 Councilman Ludwig moved adop- tion of the resolution. Seconded by COll.ncilman Takas. Carried by the following vote: Yeas - Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takas. Nays-None. RESOLUTION NO. 256-65 W HER E A S, applications for Beer Permits were filed by the within named applicants and they have received the approval of this Council; and WHEREAS, the premises to be occupied by such applicants were inspected and found to comply with the ordinances of this City and they have filed proper bonds: NOW THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the Manager be and he is hereby directed to issue to the following named applicants a Beer Permit. Name Address CLASS "C" COMMERCIAL ESTABLISHMENT Do r i s J. Tigges, 2776 Jackson Street Raphael William Grant, 3050 As- bury Street Karl Henry Oleson, 1701 Asbury Street Passed, adopted and approved this 1st day of November, 1965. Robert J. Horgan Mayor Richard Ludwig Peter J. Takos Eldon A. Pfohl James J. Kean Councilmen RESOLUTION NO. 258-65 WHEREAS, applications for Liq- uor Permits were filed by the within named applicants and they have received the approval of this Council, and WHEREAS, the premises to be occupied by such applicants were inspected and found to comply with the State Law and all City ordinances relevant thereto and they have filed proper bonds; NOW THEREFORE BE IT RE- SOLVED by the City Council of Attest Leo F. Frommelt City Clerk Councilman Kean moved adop- tion of the resolution. Seconded by Councilman Ludwig. Carried by the fOllowing vote: Yeas - Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays-None. Name Address "'t:LASS "B" BEER PERMIT PRIVATE CLUB American Veterans of World War 11, 429 Main Street CLASS "B" BEER PERMIT Russell Evans, 29 West 8th Ave. nue David L. Hickey, 107 Locust Street Raphael William Grant, 3050 As. bury Street Russell E. Myers, 1618 Central Avenue Marcella McCarty, 2093 Washing- ton Street CLASS "C" BEER PERMIT The Great Atlantic and Pacific Tea Co., 1101 Central Avenue Lil' Giant Food Store, 1101 Rhom- berg Avenue J. F. Thomspon, 32nd & Jackson Street Helen A. O'Mara, 1397 Washington Street BE IT FURTHER RESOLVED that the bonds filed by such ap- plicants be and the same are here- by approved. Passed, adopted and approved this 1st day of November, 1965. Robert J. Horgan Mayor Richard Ludwig Peter J. Takos Eldon A. Pfohl James J. Kean Councilmen Attest: Leo F. Frommelt City Clerk 391 Absent-Councilman Takas. November 3, 1965 To the Members of the City Coun- cil, Gentlemen: In accordance with the provi~ sions of Section 50.21 of the 1962 Code of Iowa, on November 3, 1965, we made a public canvass of the election returns of the REGULAR MUNICIPAL ELEC. TlON held on November 2, 1965, and herewith submit the report of said canvass. We, Robert J. Horgan, Mayor of the City of Dubuque, Iowa, and Leo F. Frommelt City Clerk of the City of Dubuque, Iowa, do hereby certify that we publicly canvassed the election returns of the HRegular Municipal Election" held on November 2, 1965, and find the following results: Nominated By General Election For Councilmen Merlin F. Schultz 8859 Votes M. Sylvester McCauley 8850 Votes Walter A. Pregler 7094 Votes Nominated By General Election For Park Commissioner Regular Term Dominic W. Goodman 7589 Vates Respectfully submitted, Robert J. Horgan Mayor Leo F. Frommelt City Clerk Session, November :3, 1965 OFFICIAL Special Session, November 3, 1965. Council met at 12:15 P.M. (C.S.T.) Present-Mayor Horgan, Counci I- men Kean, Ludwig, Pfohl, City Manager Gilbert D. ChaveneUe. Absent-Councilman Takos. Mayor Horgan read the call and stated that service thereof had been duly made and this meeting is called for the purpose of de. claring the results and submitting a canvass of the REGULAR MU- NICIPAL ELECTION held on No- vember 2, 1965, for Councilmen and Park Commissioner, Regular Terms, and Acting on any other business which may properly come before a regular meeting of the City Council. Proof of Publication, certified to by the Publisher, of "Regular Municipal Election Ballot" for Councilmen and Park Commission- er, presented and read. Mayor Horgan moved that the proof of publication be received and filed. Seconded by Councilman Ludwig. Carried by the following vote: Yeas - Mayor Horgan, Council men Kean, Ludwig, pfohl. Nays-None. CITY COUNCIL Special Session, November 1, 1965 d) That the construction of any building and the use of said premises will be in accordance with the provisions of Ordinance No. 3-34 known as the Zoning Ordinance of the City of Du- buque, Iowa and the amendment thereto, Ordinance No. 35.59 es- tablishing and defining "restrict- ed industrial district". Passed, adopted and approved this 1st day of November, 1965. Robert J. Horgan Mayor Richard Ludwig Peter J. Takos Eldon A. Pfohl James J. Kean Councilmen Attest: Leo F. Frommelt City Clerk Councilman Kean moved adop- tion of the resolution. Seconded by Councilman Pfohl. 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 F. Frommelt City Clerk. . ! .. 11: ..u For Park Commissioner ~c . u. ;;E -.. Eo 00 DO .: .J! =-; ;-5 ::e.. 1581 1369 614 466 896 1570 270 480 348 823 1362 579 1028 1179 1036 2046 15577 722 612 377 226 396 664 123 214 151 409 708 275 581 664 526 991 7589 609 651 327 266 425 875 181 254 224 468 905 409 715 670 592 1288 8859 594 545 241 177 311 576 109 195 141 341 645 250 468 471 428 999 6491 496 475 248 200 306 578 156 218 176 342 713 335 605 586 671 989 7094 785 711 369 272 431 821 170 272 217 447 874 373 677 657 635 1139 8850 726 565 199 151 319 522 64 155 90 289 292 113 167 387 213 481 4733 902 709 281 200 428 698 74 209 105 360 443 141 276 471 337 749 6283 1st 2nd 3rd 4th 5th 6th 7th 8th 9th 10th 11th 12th 13th 14th 15th 16th TOTALS City Clerk Councilmen Attest: . Regular 390 Term . . <e_ . "".. .. . , -. 110" Re~lar .( - - . .- ... -. ~~ For Councilmen - : :; t' >- - , ~. u . u ::e::e .. . . . E. ~~ .. t:~ ... ..- 00 "" .: u . ! .. 966. ................................1966. Approved Adopted Attest: Leo F. Frommelt City Clerk Councilman L u d wig moved adoption of the resolution. Sec- onded by Mayor Horgan. Carried by the following vote: Yeas - Mayor Horgan, Council- men Rean, Ludwig, Pfohl. Nays-None. Absent-Councilman Takas. Petition of Robert C. Drozda, Chairman of Safety and Fire Pre- vention, requesting permission to erect a banner across Main street between Sixth and Seventh streets proclaiming "Protection Week", presented and read. Mayor Hor- gan moved that the petition be referred to the City Manager and Traffic Department. Seconded by Councilman Ludwig. Carried by the following vote: Yeas - Mayor Horgan, Council- men Kean, Ludwig, Pfohl. Nays-None. Absent-Councilman Takas. 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. Nays-None. Absent-Councilman Takas. Leo F. Frommelt City Clerk 393 Council Ludwig, , \l' .ij t ,I' ,I 'I':' " ,I ~1' il I Horgan, Special Session, November 15, 1965 Yeas - Mayor men Kean, Pfohl. Nays--None. Absent - Councilmen Takos. I, ,I: ~i CITY COUNCIL Session, November 3, 1965 Communication of Eldon Herrig requesting an investigation as to where the responsibility lies in the payment of a bill submitted by the Water Department in the amount of $105.95, as the result of a ser- vice line break, presented and read. Councilman Pfohl moved that the communication be referred to the City Manager, Water Depart- ment and City Solicitor. Seconded by Councilman Kean. Carried by the following vote: Yeas - Mayor Horgan, COUi1~ cilmen Kean, Pfohl. Nays-None. Absent ~ Councilmen Ludwig, Takos. Councilman Takos entered the Council Chamber at 12:30 P.M. and took his place at the Council tablC'. The proposed Amended Taxicab Ordinance was presented for dis- cussion. Councilman Pfohl moved that the rules be suspended in order to let anyone present ad- dress the Council if they so desire. Seconded by Mayor Horgan. Car- ried by the following vote: Yeas ~ Mayor Horgan, Council- men Kean, Pfohl, Takos. Nays-None. Absent-Councilman Ludwig. Attorney Leo McCarthy repre- senting Donald Krapf! who is interested in establishing the Key City Cab Co. in the City, assured the Council that the financial back- ing of the proposed Cab Company is satisfactory. It seems rather unfair to make Mr. Krapfl wait in- definitely for his permit. Mr. Joseph Even president of the Black and White Cab Company stated that they have the finest and cleanest operation of cabs in the Middle West and see no need for additional permits. Councilman Takos stated that he would be against the petition be- cause if it were approved it would be lame duck legislation. The first reading was had on the proposed taxicab ORDINANCE NO. 40-65, by inserting and authorizing operation of four cabs by the Key City Cab Company and reducing the operation of three cabs to one OFFICIAL November 8, 1965 To the Honorable Mayor and Members of the City Council Gentlemen: In accordance with the provi- sions of the Code of Iowa, 1962, the Civil Service Commisison conduct- ed a written examination on Octo- ber 28, 1965 and an oral examina- tion of November 8, 1965, for the purpose of creating an eligible list for the position of Chief of the Fire Department. The following named Fire Cap- tains have passed both the written and oral examinations and are )1ereby certified: Robert N. Dunphy 85.4% John P. Kemps 85 % Donald F. Brus 83 % Francis L. McDermott 77 % Respectfully submitted, LeRoy H. Giles, Chairman Gerard B. Noonan, Louis J. Lagen Members of Civil Service Commis- sion. Attest: Leo F. Frommelt, Clerk Civil Service Commission Subscribed and sworn to before me this 8th day of November 1965. Eugene J. Berens, Notary Public Mayor Horgan moved that the communication be received and made a matter of record. Seconded by Councilman Kean. Carried by the following vote Special Session, November 15,1965. Council met at 12:15 P.M. (C.S.T.l. Present-Mayor Horgan, Council- men Kean, Pfohl. City Manager Gilbert D. Chavenelle. Absent - Councilmen Ludwig, Takos. Mayor Horgan read the call and stated that service thereof had been duly made and this meeting is called for the purpose of receiv- ing a certified list from the Civil Service Commission of Fire Cap- tains who have successfully passed the examination for the position of Fire Chief, and acting on any other business which may properly come before a regular meeting of the City Council. :\ I , \ ..1966. ..1966. .............................................. City Clerk r I J I I l Approved Councilmen: Attest: Adopted Mayor Horgan moved that the canvass 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. Nays-None. Absent-Councilman Takas. RESOLUTION NO. 260.65 WHEREAS, the Mayor and City Clerk have heretofore pursuant to the provisions of Section 50.21 Code of Iowa 1962 met and can- vassed the returns of the REG- ULAR MUNICIPAL ELECTION held in the City of Dubuque, Iowa, November 2, 1965, and cer~ tifed the results of ther canvass to the City Council; and WHEREAS, the City Council has examined said certificate and finds that the fOllowing have been elected for the following offices: Councilmen For Term Beginning January 1, 1966 (4 year term) Merlin F. Schultz M. Sylvester McCauley Walter A. Pregler Park Commissioner, Regular Term Commencing January 1, 1966 (6 year term) to 12-31-1971 Dominic W. Goodmann Section 1. T hat Merlin F. Schultz, M. Sylvester McCauley and Walter A. Pregler are hereby declared elected to the office of Councilman of the City of Du- buque, Iowa for the terms com- mencing on or before noon of the second secular day of January 1966. Section 2. That Dominic W. Goodmann is her e b y declared elected to the office of Park Com- missioner for the term commenc- ing January 1, 1966. Section 3. That the City Clerk be and he is hereby authorized and directed to issue certificates of election to the foregoing indi- viduals for the respective offices to which they have been elected. Passed, adopted and approved this 3rd day of November 1965. Robert J. Horgan Mayor Richard Ludwig Eldon A. Pfohl James J. Kean Councilmen Special 392 895 Councilman Kean moved final adoption of the Ordinance. Second- ed by Councilman Pfohl. Carried by the foUowing vote: Yeas - Mayor Horgan, Council. men Kean, Pfohl, Takas. Nays-None. Absent - Councilman Ludwig. Petition of Peoples Natural Gas requesting permisison to excavate in Green Street (10 yr. street) be- tween Bunker Hill and Finley. pre. sented and read. Councilman Kean moved that the petition be approv- ed. Seconded by Councilman Takas. Carried by the following vote: Yeas - Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays-None. Absent-Councilman Ludwig. Petition of Northwestern BeU Telephone Co. submitting detailed plans for extension of the conduit system on Pennsylvania Avenue from Avalon street to old city lim- its, west of Vizaleea Drive, and re- questing Council approval, present- ed and read. Mayor Horgan moved that the petition be granted. Sec- onded by Councilman Kean. Car- ried by the foUowing vote: Yeas - Mayor Horgan, CounciI~ men Kean, Pfohl, Takos. Nays-None. Absent - Councilman Ludwig. Petition of Midland Laboratories requesting permission to build a flood wall of cement block around the perimeter of their plant at 210 Jones street and their warehouse at 65 Main Street, presented and read. Mayor Horgan moved that the petition be referred to the Engineering Department. Second~ ed by Councilman Kean. Carri~d by the foUowing vote: Yeas - Mayor Horgan, Council. men Kean, Pfohl, Takos. Nays-None. Ahsent - Councilman Ludwig. mous vote the 15th day or No- vember, 1965. Passed by recorded roll call vote, adopted and approved this 15th day of November, 1965. ROBERT J. HORGAN :Mayor PETER J. TAKOS ELDON J. PFOHL JAMES J. KEAN Counellmen ATTEST: Leo F. Frommelt City Clerk. Published orticialIy in The Tele. graph~Herald Newspaper this 19th day or November, 1965. Leo F. Frommelt City Clerk Session, November 15, 1965 Zone For 1 one _ passenger $0.70 For two or more passen- gers (not ex. ceedlng five) with the same points of orI- gin and desti- nation $0.90 $1.10 tt.IO For two or more passen_ gers (not ex- ceeding five) with the same point or ori- gin, but dif- ferent dlstina- tions: For first pas- senger alIght. ing $0.76 $0.90 $1.'0 For each of the other pas- sengers to.4S $0.45 '0.f5 For two or more passen- gers (not ex- ceeding five) with differ- ent points of orIgin and des- tination: Each $0.70 $0.90 $1.00 The aforementioned t i &' u r. e I shall include the pasencerll ordinary lUggage. No charge shall be made for waiting time under five (5) minutes. Waiting time in ex. cess of five (5) minutes ma7 be charged at a rate of $0.12: for each two minutes. SECTION 4. That Section J1 ot Ordinance No. 33-57 be and the same is hereby repealed and anew Section 21 enacted in lieu thereof as follows: "Sectlon.21. That the prel!lent taxicab operatora upon makinl' application in accord!lDce with Section 3 hereof and paying the necel!lsary feea within SO day. from the date of adoption of this Ordinance I!lhall be author. ized to operate tax:lcabl!l in the City of Dubuque as foIlowl!l: Name Number of Cab. Diamond Cab Company 1 Black & White Cab Company 13 Veterans Radio Cab Company 8." Section 5. This Ordinance shall be In full force and effect from and after ItIJ fInal passage" adop. tlon and publication al!l by law pro- vided. Introduced the 15th day of No- vember, 1965. Rule requiring reading on three separate days suspended by unanI- "Section 12. Taxicab fare zones are hereby established as shown on the map entitled Taxi~ab Zone Map dated No- vember 11, 1961!z. heretofore ap~ proved by the L1ty Council and now on file with the City Clerk." SECTION 3. That Section 13 of Ordinance No. 33-57 be and the same Is hereby repealed and a new Section 13 enacted In lieu thereof as follows: "Section 13. The follOwing are hereby fixed and estab- lished as the ratel!l and prices for the transportation of pas- s~!ngers by taxicab within the city limits of the City of Du- buque; Zone I .1.00 Zone 2 $0.90 Special Special Session, November 15, 1965 l:-iSURANCE REQUIREMENTS, TO PROVIDE A NEW MAP ES- ~l'ABLISHING TAXICAB FARE ZONES, TO PROVIDE FOR THE FIXING AND ESTABLISHING OF RATES AND PRICES FOR THAN8PORTATION OF PAS- SENGERS BY TAXICAB AND AUTHORIZING NAMED TAXI- CAB OPERATORS TO OPER. ATE TAXICABS IN THE CITY OF DUBUQUE: NOW THEREFORE BE IT OR- DAINED BY THE CITY COUN- CIL OF THE CITY OF DU- BUQUE, IOWA AS FOLLOWS: SECTION 1. That Section 10 of Ordinance No. 33.57 be and the same is hereby.repealed and a new SecUon 10 enacted in lieu thereof as follows: . 'Section 10. As a condition to granting the taxicab operator's per- mi t the person .l!5eekIng I!luch per- mit shall file in the office of the City Clerk, a motor vehicle opera- tor'l!l liability insurance poliC'7, ex- ecu ted by a company a.uthori.ed to do insurance business in the State of Iowa, In a form approved by the City Manager. The minimum 11m. its of such polley .l!5ha11 be ll8 fol- lows: To cover the assured's liabil- nlty for personal injury or death of one person, al!l the re- sult of one accident, or other cause. One Hundred ThoUsaDd Dollars ($100,000.00); To cover the anured'. lia- bility for personal inJuIY or death of more than one person, as the resulf of one accident or other cause, Three Hundred Thousand DoHars ($300,000.00); To co~r the aSl!lured'. 11a- hilit;)" for damage to or del!ltru;c- tion of property other than that of the al!lsured, as the re- sult of anyone accident or cause, Fifty Thousand Dollar. ($50,000.00); Each policy shaH contain the following endorsement: ..It is understood and. agreed that before the insurance pol. Icy to which this endorl!lement is attached may be lJUl!lpended or canceiled the City of Du- buque w1ll be given ten (10) days' prior written notice of such proposed sUl!lpension or canceUatlon. It Is further underl!ltood and agreed that the Obligation of this polley shall not be affected by an act or omission of the named assured, or any em- ployee of the named inl!lured. with respect to any condition or requirement attached there- to, nor by any default of the assured in payment of the premium, or In the <<iving of any notice required by _ Ilaid policy, or otherwise, nor by the death, inSOlvency, bank- ruptcy, legal incapacity or \0. ability of the assured." The failure of any pern.tt holder to maintain such polley in full force and effect through- out the lIfe of the permit shall be grounds for revocation of the permit by the City Man- ager and upon such revocation saId permit holder I!lhall cease business as a taxicab operator until the permit hal!l been re- issued by the City Council." SECTION 2. That Section 12 of Ordinance No. 33-57 be and the same is hereby repealed and a new Section 12 enaoted :11. lieu thereof as follows: I 894 cab for the Diamond Cab Company under Section 21 as follows: Councilman Pfohl moved that the reading just had be cansid~ ered the first reading of the Ord. inance. Seconded by Mayor Horgan. The motion resulted in a tie vote as follows: Yeas - Mayor Horgan, Council- man Pfohl. Nays-Councilmen Kean, Takas. Absent - Councilman Ludwig. Section 21 of proposed ORDIN- ANCE NO. 40-65 was then amend- ed by deleting the authorization of the operation of four cabs by the Key City Cab Company and finally passed as foUows: ORDINANCE NO. 40-65 An Ordinance Amending Ordin. ance No. 33-57 by Repealing Sec. tion 10, Section 12, Section 13 and Section 21 thereof and enact- ing a new section 10, a new sec- tion 12, a new section 13 and a new section 21 in lieu thereof respectively to provide for mod- ification of insurance require-- ments, to provide a new Map es- tablishing taxicab fare zones, to provide for the fixing and estab- lishing of rates and prices for transportation of passengers by taxicabs and authorizing named taxiCBbs operators to operate taxicabs in the City of Dubuque: presented and read. Councilman Kean moved that the reading just had be considered the first reading of the Ordinance. Sec~ onded by Mayor Horgan. Carried by the following vote: Yeas - Mayor Horgan, Council- men Kean, Pfohl, Takos. Nays-None. Absent - Councilman Ludwig. Councilman Kean moved that the rules be suspended requiring an Ordinance to be read on three sep- arate days. Seconded by Mayor Horgan. Carried by the following vote: Yeas - Mayor Horgan, Council~ men Kean, pfohl, Takos. Nays-None. Absent - Councilman Ludwig. ORDINANCE NO. 40-66 AN ORDINANCE AMENDING OR- DINANCE NO. 33-57 BY RE_ PEALING SECTION 10, SEC- TION 12. SECTION 13 ANDSECTION 21 THEREOF AND ENACTING A NEW SECTION 10, A NEW SECTION 12, A NEW SECTION 13 AND A NEW SECTION 21 IN LIEU THERE- OF RESPECTIVELY TO l-'RO- VIDE FOR MODIFICATION OF I I ! of said Option Agreement until the 31st of August, 1967; and WHEREAS, extension of said Op- tion will serve the best public in- terest. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Vulcan Development Corporation be and it is hereby granted an extension of option to purchase the following described real estate: Lot 3, Block 14 in River Front Subdivision No. 3 in the City of Dubuque, Iowa, which Option is hereby extended to August 31, 1967 and which may be exerciseable at any time by the Vulcan Development Corporation during such period upon the fol- lowing terms and conditions, to- wit: a) Purchase price therefore shall be the amount of $3,500.00 per acre; b) Assurance of intent that the premises will be occupied pri- marily for industrial manufac- turing purposes; c) That the construction of any bUilding and the use of said premises will be in accordance with the provisions of Ordin- ance No. 3-34 known as the Zoning Ordinance of the City of Dubuque, Iowa and the amendment thereto, Ordinance l'lO. 35-59 establishing and Oe- fining "restricted industrial district." Passed, adopted and approved this 15th day of November, 1965. Robert J. Horgan Mayor 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 Takos. Carried by the following vote: Yeas - Mayor Horgan, Council men Kean, Pfohl, Takas. Nays-None. Absent-Councilman Ludwig. RESOLUTION NO. 264.65 BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the following having 397 1965 15, Session, November 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 1m. provement bonds issued upon the above described improvement in amount equal to the amount of hL. contract, less any retained percent- age provided for therein. Passed, adopted and appwvcd this 15th day of November, 1965. Robert J. Horgan Mayor 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 Kean. Carried by the following vote: Yeas - Mayor Horgan, Counci men Kean, Pfohl, Takas. Nays-None. Absent-Councilman Ludwig. Special RESOLUTION NO. 263~5 WHEREAS, City of Dubuque, Iowa has heretofore disposed of certain real estate to Dubuque In- dustrial Development Corporation, a corporation; for the location of ARBOR TOOL COMPANY, a cor- poration of Iowa, thereon; and WHEREAS, Vulcan Development Corporation, a corporation, is the successor in interest therein to Arbor Tool Company; and WHEREAS, Vulcan Development Corporation, a corporation, has pur- chased the business from Arbor Tool Company and the property from the Dubuque Industrial De- velopment Corporation and WHEREAS, the Dubuque Indus- trial Development Corporation has assigned all its rights, title and in- terest in and to a certain Option Agreement by and between the City of Dubuque, Iowa and Dubuque Industrial Development Corpora- tion, dated February 10, 1961, for the purchase from the City of Du- buque, Iowa, of the following de- scribed real estate, to-wit: Lot 3, Block 14 in River Front Subdivision No.3 in the City of Dubuque, Iowa and which Option terminates on February 3, 1966; and WHEREAS, Vulcan Development Corporation desires an extension Session, November 15, 1965 Passed, adopted and approved this 15th day of November, 1965. Robert J. Horgan, Mayor 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 Takos. Carried by t.he following vote: Yeas - Mayor Horgan, Council- men Kean, Pfohl, Takos. Nays-None. Absent - Councilman Ludwig. (A Resolution Accepting Improve. ment and Directing the Clerk to Publish Notice.) City Manager Respectfully submitted. Gilbert D. Chavenelle, Councilman Kean moved approv- al of the recommendation. Second- ed by Councilman Takos. Carried by the following vote: 1965 Gentlemen: This is to advise that the City of Dubuque 1965 Concrete Paving with Integral Curb Project No. 1 has been completed in accordance with the plans and specifications of the City of Dubuque. I therefore recommend the ac- ceptance of the above named pro- ject. November 5, Mayor Special To the Honorable and City Council 396 Horgan, Council Takas. RESOLUTION NO. 262~5 WHEREAS, the contract for the CITY OF DUBUQUE 1965 CON- CRETE PAVING WITH INTEGRAL CURB PROJECT NO. I Yeas - Mayor men Kean, Pfohl, Nays-None. Absent-Councilman Ludwig. Final Estimate 1. East Ninth Street from the S.P.L. of East Twelfth Street to the E.P .L. of Pine Street. 2. Montcrest Street from the W.P.L. of Lot 37 of Pleasant View Add. to the W.P.L. of Hempstead Street. has been completed and the City Manager 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, by the City Council of the City of Dubuque, that the recommendation I)f the City Manager be approved and th'lt said improvement be and the same is hereby accepted and the City Engineer be and is hereby directed to prepare a plat and schedule showing the lots or parcels of real estate subject to assessment for said improvement and file the same in the office of the City Clerk subject to public inspection and said Clerk shall upon receipt of such plat and schedule publiSh the notice of the Council's intention to levy special assessments there- for, as required by law. RESOLUTION NO. 261~5 WHEREAS, the contract for the CITY OF DUBUQUE 1965 CON- CRETE PAVING WITH INTEGRAL CURB PROJECT NO. 1 has been completed and the City Engineer has submitted his final estimate showing the cost thereof including the cost of estimates, notices, inspection, and preparing the assessment and plat, now there- fore, That $96,250.72 of the cost there- of shall be assessable upon pri- vate property and $36,203.22 shall be paid from 135 I Road Use Tax Fund of the City of Dubuque. BE IT RESOLVED, by the City Council of the City of Dubuque, That the cost of said improve- ment is hereby determined to be $132,453.94. 1. East Ninth Street from the S.P.L. of East Twelfth Street to the E.P.L. of Pine Street. 2. Montcrest Street from the W.P.L. of Lot 37 of Pleasant View Add. to the W.P.L. of Hempstead Street. 899 Session, November 15, 1965 Approved...................................., 1966 Adopted....................................... 1966 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, Pfohl, Takas. Nays-None. Absent-Councilman Ludwig. Leo F. Frommelt City Clerk I , 1: 11 ti " ~l, , " ~~ I Special City Cierk Councilmen: Attest: Council- RESOLUTION NO. 266-65 WHEREAS, applications for Beer Permits were filed by the within named applicants and they have received the approval of this Coun- cil; and WHEREAS, the premises to be occupied by such applicants were inspected and found to comply with the ordinances of this City and they have filed proper bonds: NOW THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the Manager be and he is hereby directed to issue to the following named applicants a Beer Permit. Address BE IT FURTHER RESOLVED that the bonds filed by such ap- plicants be and the same are here- hy approved. Name CLASS "C" BEER PERMIT Warehouse Market, John F. Ken- nedy Road Session, November 15, 1965 Councilman Kean moved adop- tion of the resolution. Seconded by Councilman Pfohl. Carried by the following vote: Yeas-Mayor Horgan. men Kean, Pfohl, Takos. Nays-None. Absent-Councilman Ludwig. Passed, adopted and approved this 15th day of November, 1965. Robert J. Horgan Mayor Peter J. Takos Eldon A. Pfohl James J. Kean Councilmen Leo F. Frommelt City Clerk Councilman Kean moved adop- tion of the resolution. Seconded by Councilman Takos. Carried by the following vote: Yeas - Mayor Horgan, Council- men Kean, Pfohl, Takos. Nays-None. Absent-Councilman Ludwig. compiled 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 withln said City. Special Name Address William F. Dunne, 54 Locust Street Clarke College, 1550 Clarke Drive Roger J. Bertsch, 310-326 Main St. <;t. Joseph Sanitarium, 2420 Asbury Street Phillip Langas, 1105 Loras Blvd. BE IT FURTHER RESOLVED that the bonds filed with the appli. cation be approved. Attest: 898 Passed, adopted and approved this 15th day of November, 1965. Robert J. Horgan Mayor Peter J. Takos Eldon A. pfohl James J. Kean Councilmen Attest: Leo F. Frommelt City Clerk Councilman Kean moved adop- tion of the resolution. Seconded by Councilman Takos. Carried by the follOwing vote: Yeas - Mayor Horgan, Council men Kean, Piohl, Takos. Nays-None. Absent-Councilman Ludwig. Council- Ludwig. Mayor Horgan moved that Vin- cent J. Kaiser be re-appointed to the Dock Board for a three year term to 11-26-68. Seconded by Councilman Takos. Carried by the following vote: Yeas - Mayor Horgan, men Kean, pfohl. Takos. Nays-None. Absent-Councilman RESOLUTION NO. 265-65 WHEREAS, applications for Beer Permits have been submitted to this Council for approval and the same have been examined: NOW THEREFORE, BE IT RESOLVED hy the City Council of the City of Dubuque, Iowa, that the following applica. tions be granted and licenses be issued upon the compliance with the terms of the ordinances of the City. Name Address CLASS "C" BEER PERMIT Warehouse Market, John F. Ken. nedy Road Attest: Passed, adopted and approved this 15th day of November, 1965. Robert J. Horgan Mayor Peter J. Takos Eldon A. Pfohl James J. Kean Councilmen Leo F. Frommelt 399 Session, November 15, 1965 1966 1966 I ~ !~ j ,I 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, Pfohl, Takas. Nays-None. Absent-Councilman Ludwig. Leo F. Frommelt City Clerk Attest: Special City Clerk Councilmen: Approved. Adopted. 15, 1965 Councilman Kean moved adop- tion of the resolution. Seconded by Councilman Pfohl. Carried by the following vote: Yeas - Mayor Horgan, Council- men Kean, Pfohl, Takas. Nays-None. Absent-Councilman Ludwig. BE IT FURTHER RESOLVED that the bonds filed by such ap- plicants be and the same are her~ by approved. 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 J\E. 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. RESOLUTION NO. 266-65 WHEREAS, applications for Beer Permits were filed by the within named applicants and they have received the approval of this Coun- cil; and Name Address CLASS ~'C" BEER PERMIT Warehouse Market, John F. Ken- nedy Road Special Session, November compiled 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 William F. Dunne, 54 Locust Street Clarke College, 1550 Clarke Drive Roger J. Bertsch, 310-326 Main St. ~t. Joseph Sanitarium, 2420 Asbury Street Phillip Langas, 1105 Loras Blvd. BE IT FURTHER RESOLVED that the bonds filed with the appli- cation be approved. Passed, adopted and approved this 15th day of November, 1965. Robert J. Horgan Mayor Peter J. Takos Eldon A. Pfohl James J. Kean Councilmen Frommelt City Clerk Councilman Kean moved adop- tion of the resolution. Seconded by Councilman Takas. Carried by the following vote: Yeas - Mayor Horgan, Council men Kean, Pfohl, Takas. Nays-None. Absent-Councilman Ludwig. Leo F. Attest: 398 Passed, adopted and approved thls 15th day of November, 1965. Robert J. Horgan Mayor Peter J. Takas Eldon A. pfohl James J. Kean Councilmen Attest: Leo F. Frommelt City Clerk Councilman Kean moved adop~ tion of the resolution. Seconded by Councilman Takas. Carried by the following vote: Yeas - Mayor Horgan, Council men Kean, pfohl, Takos. Nays-None. Absent-Councilman Ludwig. Mayor Horgan moved that Vin. cent J. Kaiser be re-appointed to the Dock Board for a three year term to 11-26-68. Seconded by Councilman Takos. Carried by the following vote: Yeas - Mayor Horgan, Council- men Kean, Pfohl, Takos. Nays-None. Absent-Councilman Ludwig. RESOLUTION NO. 265-65 WHEREAS, applications for Beer Permits have been submitted to this Council for approval and the same have been examined: NOW THEREFORE, Name Address CLASS "C" BEER PERMIT Warehouse Market, John F. Ken- nedy Road Attest: Passed, adopted and approved this 15th day of November, 1965. Robert J. Horgan Mayor Peter J. Takos Eldon A. Pfohl James J. Kean Councilmen F. Frommelt BE IT RESOLVED hy 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. Leo