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1964 April Council Proceedings
67
CITY COUNCIL
.
OFFICIAL
Regular Session, April 6, 1964.
Council met at 7:30 P.M., C.S.T.
Present-Mayor Horgan, Council-
men Kean, Ludwig, Pfohl, Takas.
City Manager Gilbert D. Chavenelle.
Mayor Horgan read the call and
stated that service thereof had
been duly made and this is the
regular monthly meeting of the
Council for the purpose of trans-
acting such business as may proper-
ly come before the meeting.
Mayor Horgan called for a
moment of silence in tribute to the
memory of the late General Doug.
las MacArthur. He alao read a copy
of the letter sent to the widow of
the late General expressing the
heartfelt sympathy of the commun-
ity.
Copy of resolution submitted by
the Dubuque County Medical So.
ciety Auxiliary recommending es-
tablishment of an Authority for
the purpose of constructing a Coun-
'ty-City Building, presented and
read. Mayor Horgan moved that
the copy of resolution be received
and filed. Seconded by Councilman
Kean. Carried by the following
vote:
Yeas-Mayor Horgan, Council-
men Kean, Ludwig, Pfohl, Takas.
Nays-None.
Certificate of Authority issued
by the Commissioner of Insurance
of the State of Iowa authorizing
the Merchants Mutual Bonding Co.
to transact their Fidelity and Sure-
ty Insurance business until April
I, 1965, within the State presented
and read. Mayor Horgan moved
that the certificate be received
and filed. Seconded by Council-
man Ludwig. Carried by the fol-
lowing vote:
Yeas-Mayor Horgan, Council-
men Kean, Ludwig, pfohl, Takas.
Nays-None.
Communication of Dub u que
Chapter of the Painting & Decorat-
ing Contractors of America Ack-
nowledging the consideration
shown by the Police Department
to out of town guests attending
their convention, presented and
read. Mayor Horgan moved that
the communication be received and
filed. Seconded by Councilman
...............1964.
................................................
Clerk Board of Health.
Session, April 6, 1964
Board of Health
OFFICIAL
.~
Regular
Regular Session, April 6, 1964.
Board met at 7:25 P.M. C.S.T.
Present-Chalrman Robert J. Hor-
gan, Messrs. James J. Kean, Rich.
ard Ludwig, Eldon A. Pfohl, Peter
J. Takas. Dr. Albert J. Entringer.
Dr. Entringer discussed the pro-
gress of the air pollution problem
within the City.
There being no further business
Chairman Robert J. Horgan moved
that the Board of Health meeting
adjourn. Seconded by Mr. Peter
J. Takos. Carried by the following
vote:
Yell$-Chairman Bobert J. Hor-
gan, Messrs. James J. Kean, Rich.
ard LUdwig, Eldon A. Pfohl, Peter
J. Takos_
Nays-None.
Leo F. Frommelt,
Clerk Board of Health
................................1964.
Health
Attest
of
Approved
Adopted
Members
Bd. of
City Solicitor for additional infor-
mation. Seconded by Mayor Hor-
gan. Carried by the following vote:
Yeas - Mayor Horgan, Council-
men Kean, Ludwig, Takos.
Nays-None.
Absent-Councilman Pfohl.
There being no further business
Mayor Horgan moved to adjourn.
Seconded by Councilman Kean.
Carried by the following vote:
Yeas - Mayor Horgan, Council-
men Kean, Ludwig, Takos.
Nays-None.
Absent-Councilman Pfohl
Leo F. Frommelt
City Clerk
1964
23,
Session, March
CITY COUNCIL
OFFICIAL
Special
66
~
1964
1964
....................
City CIIl. k
Approved
Councilmen
Attest
Adopted
Special Session, March 23, 1964.
Council met at 11:45 A.M. C.s.T.
Present - Mayor Horgan, Coun-
cilmen Kean, Ludwig, Takas. City
Manager Gilbert D. Chavenelle.
Absent - Councilman Pfohl.
Mayor Horgan read the call and
stated that service thereof was
duly made and this meeting is
called for the purpose to consider
adoption of a resolution revoking
a Class B Beef Permit issued to
Leonard H. Crane and acting on
any other business which may
properly come before a regular
meeting of the City Council.
A resolution calling for the reo
vocation of Class "B" beer permit
No. 71 issued to Leonard H. Crane
d/bl a Holiday Inn at 720 Iowa
street was presented and read.
Councilman Ludwig moved that
the Council go into executive ses.
sian at this time and the news
media be invited but on a non.
reporting basis. Seconded by Ma-
yor Horgan. Carried by the follow-
ing vote:
Yeas - Mayor Horgan, Council-
men Kean, Ludwig, Takos.
Nays-None.
Absent - Councilman Pfohl.
At the conclusion of the session
Councilman Takos moved that
the matter be referred back to the
~I
I
09
it to the Iowa State Highway Com-
mission.
Respectfully,
Gilbert D. Chavenelle,
City Manager
Councilmal\ Takas moved that
th~ r~commendations of the City
Mana~er be approved. Seconded by
Councilman Pfohl. Carried by the
fOllowing vote:
Yeas-Mayor Horgan, Couneil
men Keao, Ludwig, Piohl, Takas
Nays-None.
April 6, 1~64
To the Honorable Mayor
and City Council
~ntlemen:
J h,ave received a request to
in.-;rease the intensity 01 street
lighting on University Avenue from
Algona to Asbury.
Mt~r investigation by tbe Elec-
trical Inspector, it is recommended
that the five presellt Iigbts between
Asbury alld Algona on University
A venue be reIl1Qved 8;04 tltat ten
17S watt merClJry vapor lumjpar
Iig!1ts be installed on 12 foot mast
3f1l1S at the following locations:
!, S9lltll side of University at in-
tersection with Asbury.
2. Nnrthw~t corner of Asbllry and
Ulliversity.
3. Southeast side of UniveF~ity at
junctioll with Asbury.
4. North side University"east side
alley.
5. University and O'Hagen, Borth
side on existing pole.
6. University at west side of 41-
tersec:tion with Irving. ^
7. University on west side of junc-
tion with Loras.
1964
April 3, 1964
1'6 the Honorable Mayor
and City Council
Gentlemen:
You have before you for consid-
eration a proposed three party
agreement for the eoordination
and conbol of Urban Transporta.
tioB Planning in the Dubuque area.
The parties to the agreement are
the City of Dubuque, Dubuque
CQ\IIlty and tbe Iowa State Highway
C()~mislii~on..
Tile ag"".mellt provides fQr a Co-
'1Ffjillatillg Committee ft1r the con-
lIuct of a transportation study
w/licl1 will inclljde a D1ember from
the City of Dubuque, Dubuqlje
Counly all<! tbe Iowa St~te High-
way COJllllliss.()n. A representative
of tll. Bure~u of Public Roads will
be an ex officio mem.ber.
The ~greement also provides that
tfallsPnitatinn pl~nning will be a
cpntinuillg p.rQC.ess ilDd guidelines
SFe set Qut fQr tb. comnrebellsive
cb~racter o~ the plannillg work.
I recommend that the City eqter
illtQ tl1e prQllnsed agreement for
tiles. rellllnnS.
I: The transportatioll pl~nning
:pre~entlr being carri4:~d on by
the City is in accord with this
agreement. l'/le City bas al-
ready accomplish~d or is ac.
complisb,ing much of the work
prescribed.
2. Tile.. a~eement will provide .co- 8. Univ~rsity on existjng pole
Qrdma.tIon for transportatIon north side at McCormick inter-
pla:p.s In QUI' are". section. . .
3. TIle agreement should nfovi<!e '. . .
tile m~aJlS of more effectively 9. UD1VersI~y o~ eXIsting pole at
ipforming the Iowa St~te High- 2047 UmversIty. "
way Commission of Dubuque 10. Southeast corner of UmversIty
area plans. and North Algona.
,.. The. ,.~r~ement is necessary to See attached plat. .
permit participatioll by the IWspectfully SUb!DItted,
State and Federal Agencies Gilbert D. Chavenelle
in the cost of eonstructing pri- CIty Manager
mery road extensions within Councilman Takes moved that
the City. the reeommendation of tbe City
I Fequ..t that the Mayor be Manager be approved. Seeonded by
authorized to sign the agreement Councilman Kean. Carried by the
and that the City Clerk be instruct- following vote:
ed to forward the agreement to Yea~Mayor Horgan, Council
the Board of Supervisors and, after men Kean, Ludwig, Pfohl, Takos
aPPFOVal by the County, forward N ays"."None.
6,
Regular S0$sion, Apri
Councilman Takos moved that
the baRds and policies be filed sub-
ject to the approval of the City
Solicitor. Seconded by- MayoF Hor.
lien. Cal"l'ied by the following vote:
Yeas-Mayor Horgan, C6uncil~
men Kean, Ludwig, Pfohl, Takos.
Nays-None.
Regular SesSion, Aptil 6, 1004
April 3, 1'64
To the HoMtable Mayor
arid City eoillicil
Gentlemen:
I submit to you the Actuarial IW-
port eoheerning the Police and
Fire Retirement Systems.
The report is by ltaight, Davis
and Haight, Inc. 11 is as of DeCem-
ber 31, 1963. The last report was
December 1961. 11 is the practiee
of the Retirement Bol1rd to have
the Retirement Systems ailaiyzed
every two years.
IWspeettully,
dilbel"t D. Chaverielle,
City Mailager
Councilman Takas moved that
the report be received and filed.
Seconded by Mayor Horgan. Car-
rie_d by the following vote,
Yiea~May'or Horgan, Go~~i1-
men Kean, Ludwig, Pfohl, Takos.
Nays-None.
April
To the Honorable Mayor
and City Council
Gentlemen:
This is to advise that I have
approved the following bonds and
policies and desire to have your
approval on same for fili:ngf liub-
ject to the approval of the City
Solicitor
SIDEWALK
Wendelin Rettenberger d/b/a Ret-
tenberger Tree and Landscape
Service, Bond No. 151142 Merch-
ants Bonding Co.
Robert Shireman, :M:erehants Mu-
tual Bonding Co.
Ed. Turnquist Company, Inc., Pol-
Icy No. UL-10l6, The Fidelity &
Casualty Co.
Donald Walser and John T. Link
d/b/a Walser and Link, Bond No.
2814-13-169-63, U.S. Fidelity &
Guaranty Co.
M. P. Kluck and Soil, Bond No.
28214-13-624-53, U.S. Fidelity &
Guaranty Co.
Raphael H. Strub, Bond No. 604791,
Western Surety Co.
PERFORMANCE
Tri-State Paving Company, Policy
No. CL 872489, Bituminous Cas-
ualty Corp.
EXCAVATION
John Jones, Policy No. CL 49139,
Ohio Farmers Insurance Co.
Respectfully submitted,
Gilbert D. Chavenelle,
City Manager
1964
3,
following
March 30, 1964
To the Honorable Mayor
and City Council
Gentlemen:
I have received a request from
Mr. and Mrs. John R. Sturman,
2626 Carroll Street, requesting
that a street light be erected at
the top of Carroll Street.
Upon investigation by L. C.
Norton, Electrical Inspector, and
due to the filct that this is a re-
cently developed area, it is recom-
mended that one 4000 lumen iIicaIi.-
deseerit light be erected on pole
presently located at the upper bend
of Carroll Street.
IWsjlectfully submitted,
Gilbert D. Chayenelle,
City Manager
Courtriilman Takos moved approv-
al of the reconimendation. Second-
ed by Mayor Horgan. Carried by
the following vote:
y ea~Mayor Horgan, COlillcil-
men. Kean, LudWig, Pfohl, Takas.
Naya~one.
68
Pfohl. by the
vote:
Yeas-=Mayot Horgan, CoulleIl,
men Kean, Ludwig, Pfohl, Takos.
Nays-None;
Communication of Sam T. Pusa-
teri, tt!altbr, announcing the pur-
chase Of 110 ael"es of lilnd lnidet
the name of "Mississippi Sheres
Public Golf Coutse/' located 8
nliles north of Dubuque to be used
as a nine hole public golf coutse,
presented ahd read. MaJor Horgan
n19ved that the communication be
received and filed. Seconded by
Courtcilman Kean. Carried by the
follo!,"ing vote:
Yea~Mayor Horganj Council-
men Kean, Ludwig, Pfohl, Ta1i:os.
Nay~None.
Communication of H. E. Dilworth
suggesting that if a sidewalk ord-
inance is adopted that it would be
flexible, even though the City
must mairttain its right of en-
forcement, that every propertY
o\vl1et would have the right to
question the need for walks ih
given areas, presented and read.
Couneilllllm Takas moved that the
communication be referred to tIle
Couneil for consideration in rela-
tion to a sidewalk ordinance. Sec-
onded by Councilman Ludwig. Car-
ried by the following vote:
Yea&--"'--Mayor Horgan, Council-
men Kean, Ludwig, Pfohl, Takos.
Nayli--None.
Carried
I
71
Councilman Takos moved that
the reading just had be considered
the first reading of the Ordinance.
Second by Mayor Horgan. Carried
by the following vote:
Yeas-Mayor Horgan, Council-
men Kean, LUdwig, Pfohl, Takas.
Nays-None.
Councilman Takas moved that
the rules be suspended requiring
an Ordinance to be read on three
separate days. Seconded b7 Mayor
Horgan. Carried by the following
vote:
Yeas-Mayor Horgan, Council-
men Kean, Ludwig, pfohl, Takas.
Nays-None.
ORDINANCE NO. 5-14
AN ORDINANCE -VACATING
EAST TENTH STREET LYING
BETWEEN THE EAST PROP-
ERTY LINE OF PINE STREET
AND THE WEST PROPERTY
LINE OF LOT 1 OF LOT a OF
LOT 2 OF LOT 1 IN FRACTION~
AL CONGRESSIONAL LOT 8 IN
SECTION 19, TOWNSmp 89,
RANGE 2 EAST OF 5TH P. J(.
TO BE HEREAFTER KNOWN
AND DESCRIBED AS LOT A OF
VACATED EAST TENTH.
STREET AND LOT B OF VA~
eATED EAST TENTH STREET.
WHEREAS, the City Council
deems It in the best public Inter-
est that the following described
street be vacated tn the best pub-
lic Interest; and
WHEREAS. the Planning and
Zoning Commission of Dubuque,
Iowa haa recommended the vaca-
tion of said aforedescrlbed streret
as it serves no pUblic Intereet for
street purposes.
NOW THEREFORE BE IT OR-
DAINED BY THE CITY COUN-
CIL OF DUBUQUE, IOWA: .
Section 1. That portion ot EUlt
Tenth Street lying between the
East property IiDe of Phie Street
and the Weat property line of Lot
1 of Lot 2 of Lot 2 of Lot 1 In
Fractional Congressional Lot 8 In
Section 19, Township 89, Range - 2
East of 5th P. M. and hereafter
known as Lot A of vacated. Eut
Tenth Street and Lot B of vacated
East Tenth Street be and the
same Is hereby vacated.
Section 2. That the Plat dated
March 12, 1964 attached hereto of
the property hereinabove described
be and the same is hereby ap-
proved and the Mayor and City
Clerk be and they are hereby au-
thorized and directed to execute
the same and the City Clerk to
cause said PIat to be recorded In
the office of the Dubuque County
Recorder. .
Section 3. That a certified copy
of this Ordinance be filed in the
oftice of the DUbuque County Rill.
corder.
Passed, adopted and approved.
this 6th day of April. A. D., 19'''.
ROBERT J. HORGAN
Mayor
RICHARD LU])WIG
PETER J. TAKOS
ELDON A. PFOHL
JAMES J. KEAN
Councilmen
Session, April 6, 1964
report. Seconded by Mayor Horgan.
Carried by the following vote:
Yeas-Mayor Horgan, Council-
men Kean, Ludwig, Pfohl, Takos.
Nays-None.
Notice of suit of Herbert H.
Besler, in the amount of $2,000.,
for personal injuries received in a
fall on W. 13th street between
Iowa and Main due to ice and snow,
on January 2, 1964, presented and
read. Councilman Takas moved
that the notice of suit be referred
to the City Solicitor for investiga-
tion and report. Seconded by Ma-
yor Horgan. Carried by the follow-
ing vote:
1(eas-Mayor f[organ,
men Kean, LUdwig, Pfohl
Nays-None.
Council-
Takas.
March 31, 1964
Honorable Mayor
and City Council
Gentlemen:
At a regular meeting of the Du-
buque Planning and Zoning Com-
mission held on March 26, 1964,
the follOWing action was taken.
Motion by Commissioner Bush,
Sup p 0 r t e d by Commissioner
Flynn, that the recommendation
of the City Manager relative to
the vacation of East Tenth Street
from Pine Street east to its east-
ern terminus be approved, and
the approval by the City Council
. is recommended.
Motion carried.
Respectfully submitted,
Frank J. G1ab, Secretary
Planning & Zoning Commis-
sion
Mayor Horgan moved that the
recommendation of the Commission
be approved. Seconded by Council-
man Takos. Carried by the follow-
ing vote:
Yeas-MaYor f[organ,
men Kean, Ludwig, Pfohl.
Nays-None.
Council-
Takos.
ORDINANCE NO. 5-64
An Ordinance Vacating Ent
Tenth Street Lying betw.en the
.I.t property line of Pine street
Ind the west property line of
Lot 1 of Lot 2 of Lot 2 of Lot 1
in Fractlonll Congressional Lot
8 In Section 19, Township 89,
Rang. 2 East of 5th P. M. to b.
herelfter known and described
as Lot "A" of Vacated East
Tenth Street Ind Lot I'B" of
vacated East Tenth Str..t,
presented and read.
Regular
by Councilman
the following
Honorable Mayor
and City Council
Gentlemen:
At a regular meeting of the Du-
buque Planning and Zoning Com-
mission held on March 26, 1964,
the following action was taken:
Motion by Commissioner Flynn,
supported by Commissioner Dein-
inger, that the petition to rezone
Lots 26 and 29 in Lenox Addition
to MUltiple Residence District he
denied.
Motion carried.
The Commission is of the opinion
that the nature of the surrounding
area does not warrant the exten-
sion of Multiple Family use to Bev-
erly Avenue, nor any further ex.
tension to the east on University
AVe.
Respectfully submitted,
Frank J. G1ah, Secretary
Planning & Zoning Commis-
sion
Councilman Kean moved that
the recommendation of the Plan.
ning & Zoning Commission he ap-
proved. Seconded by Councllman
Takos. Carried by the following
vote;
1( eas-Mayor Horgan, Council-
men Kean, Ludwig, Pfohl, Takas.
Nays-None.
Notice of car damage claim sub-
mitted b7 Stowell Insurance Ag.
ency Sterling, m., in the amount
of $25.20 for repairs on a car
owned by Kenneth Pentland dam-
aged by a falling meter while park-
ed at 810 Main Street on March 5,
1964. Mayor Horgan moved that
the notice of claim he referred to
the City Solicitor for investigation
and report. Seconded by Councl1-
man Takos. Carried hy the follow-
ing vote;
1( eas-Mayor Horgan, Council-
men Kean, Ludwig, pfohl, Takos.
Nays-None.
Notice of claim of Mrs. Laura
G a II 0 way, in an unspecified
amount, for personal injuries re-
ceived in a fall on a defective
sidewalk on lOth street between
Main and Locust on March 26, 1964.
Councilman Takos moved that the
notice of claim be referred to the
City Solicitor for investigation and
March 31, 1964
Regular Session, April 6, 1964
ceedings. Seconded
Pfohl. Carried by
vote:
Nays-None.
Honorable Mayor
and City Council
Gentlemen:
At a regular meeting of the Du-
buque Planning and Zoning Com-
mission held on March 26, 1964,
the following action was taken:
Motion by Commissioner Flynn,
supported by Commissioner Dein-
inger, that the petition to rezone
Lot 37 of the Subdivision of
Mineral Lot No. 39 from Single
Family to Local Business "A" be
granted.
Motion carried.
This lot is located between 251
and 257 Southern Avenue and will
be used by O'Neill Fuel and Heat-
ing Company for a one-story office
building.
Respectfully submitted,
Frank J. G1ab, Secretary
Planning & Zoning Commis.
sion
Councilman Kean moved that
the recommendation of the Com-
mission be approved and refened
to the Solicitor for proper pro-
70
April 6, 1964
To the Honorable Mayor
and City Council
Gentlemen:
The petition of Harold J. Riesel.
man requesting additional street
lighting on White Street between
30th and the present light at 32nd
Street has heen referred to the city
manager and electrical inspector
for investigation and report.
Upon investigation it is recom-
mended that the street light pres-
ently located between Lot 314 and
313 be moved to location between
lots 310 and 311, and that two
additional lights be installed-<lne
between lots 315 and 316 and the
other at the intersection of 32nd
Street and White Street. All of the
above lots are in the Davis Farm
Addition.
These lights to be 4000 lumen in-
candescent.
Respectfully submitted,
Gilbert D. Chavenelle,
City Manager
Councilman Takos moved that
the recommendation of the City
Manager be approved. Seconded by
Councilman Kean. Carried by the
following vote;
1(eas-Mayor Horgan, Council-
men Kean, Ludwig, Pfohl, Takos.
Nays-None.
March 31,
1964
~I
,
73
Dubutlue, lowlt by Repealing
sub,*ed;oll 2 of Section 902
thereof and _ enacting I new sub-
s.tfion 2 of S.cflon 902 in lieu
thereof,
presented and t,ead.
Councilman Takes moved that
tl1~ reading just had be considered
the first reading of the Ordinance.
SecoMed by Councilman LUdwig.
Carried by the fallowing vole:
Yeas---:.Mayor Horgan, Cot1D.cil-
ni~h Kean, Ludwig, pfohl, Takos.
Nays-None.
Councilman Takas moved that
the rules be suspl:!i1ded requiting
an Ordinance to be read on three
separate days. Seconded by
Counciltnan Ludwig. Carried by the
fo~l.owing yate:
Yeas-Mayor Horgan, Council.
men Kean, Ludwig, Pfohl, Takas.
Nays-None.
Ordinance No. 7-64
AN ORDINANCE "'MENi:uN~
THE BUILDING CODE OF . T~E
CIT_Y OF DUBUQUE, IOWA BY
REPEALING SUB.SECTION 2 OF
SECTION 902 THEREOF AND
ENAOTING A NEW sua-SEC_
TIOk 2 OF SEOTION 902 IN LIEU
THEREFdRE.
Be tt Ordained By The City
Council of Dubuque, Iowa:
Section 1. That sub-section 2 of
Section 902_ of the, BuUding , Code
of .the City ,of Dubuque, lowd. be
and the same is hereby repe.U~d
and a new sub-section 2 of Sectlen
9011' be enacted tb lieu thereof aa
folldWs. to -Wit:
Section 902.
2. Floor Loads. No floeI' her.saf-
ter erected in, a buUdiiai snall be
designed tof less that tht! foUewln.
JiY~.}oad,s pe;r_.squ~r~ feot C!farea
Uniformly distributed. _ ~ccord ni
as the floor may be intended t8 be
used for the purposes indicat&d.:
Miniw,um live load
OccupanCY Ibs. p~r sq. ft.
Public BUildings:
Armories IoU
Ass~inbiy Halls, auditoriums.
ehurches. lecture halls and
lodge r90ms:
With fixed seats io
With, ml:tv~ble seats 190
Dance h/l.l1s, exhibition Mdgs.,
g r a h dstands, gymnasiums,
mu.l:ieUni8, passenalfr s t a.:.
tions, recreation piers, re8-
taUfail ts 100
mtl' Halls, court hOUSe!, club
rooms 80
Scnools arid co-Ilehs:
Classrooms 40
Corridors 100
Theatres:
Alsle'" and proj&elUm reOlits 190
Orchestra !loor 60
Balconies 60
Stage floor 100
IQ.$Ututlonal,Buildins-s:
Hospitala, asylums, inllrnui.;.
Ties and sanitariums;
Operating rooms IHl
Pfivate fboiti~ fO
WafdiJ 19
Public spaces. 8u
L. a. b ci I' a. tdfies and X-Ray
lUjems HIli
6, 1964
Session, April
t
tion.. -2406 be enacted in lieu thereof
its foHows, to wit:
"8 e c t i 0 it 2106. Aboveground
Tanks.
(a) All aboveground tanks for
tile stora<<e of Class I, II and HI
flamma_ble .liquids sball be installed
in accordanc~ With National Board
of Fire Underwriters Standai'd
tor the_ storage, handling and use of
flammable and combustJble liquids
No. 30 as dated July lliU."
1. _ The, owner of any, above-
$"found tank in. Usl! prior to the
passage of this article and in a 10-
l:ation where. breakage .or _ over-
flow would present a fire hazatd
and endanger SurroundIng proper~
tYjshaU erect, embankments. or
dikes about such tank or tanks
whenever the City Gouncli in its
sound discretion shall order such
efubankiiHmts or dikes erected.
2. Embankments and dikes may
be dispensed with for. tanks COI1-
hlfning Class III. Flammable Liq-
uids with a flash point above 200"
F. when In the opinion of the Fire
chlM and the Building Commis-
sioner the said embankments and
dikes are not reasonably neces-
sat'y' to p,rOUlct adjacent propetty.
(b) AboVE! ground Liquefied p~_
troieum Tanks, Special Provisions.
1. When in the judgment of the
Chief of the Fire Departmen t and
the . Building Commissioner, said
embankments and dikes are not
necessary to protect adjacent prop~
erty, due to local conditions, they
rimy be dispensed ltith,
B. Tal\-li:s thay I;>e orqered fenced
by the, Chief of the Fire Depart-
ment and th(! Building Commls'-
sionel:. when_ in their jUdgment
~uch fencing is fl. necessity to pro-
duce proper safeguards.
3. ,all installations including
Liquefied Petroleum Gas Tanks,
piping and equipment shan con-
form to the N.B.F.li. Pamphtet
N~'e~~ion 2. This Ordinance shah be
III full force and effect from and
after its final passage, adoption
and publication as by law pfovided.
Introduced the 6th day ot April,
HiS-I.
Rule fequirlng reading on three
separate days suspended by unan'-
lmou$ vote the 6th d:iy of April,
1964.
.Passed by recorded roll call vote,
adbpted and approvM this 6th day
bf April, 1964.
1 t. 4-10
Councilman Takos moved the
adop~ion of the Ordinance. Second-
ed by Councilman Ludwig. Cattied
by the following vole:
Yeas-Mayor Horgan, Council
men Kean, Ludwig, Pfohl, Takas.
Nays-None.
ORDiNANCE NO.
Ah Ohllnlince
BuildIng Cod.
Attes
Leo F. Frommel
City Clerk
_Ptibl1!h4!d pff1c1lilly in The. Tele-
IJhilph-HeraUl newspaper this lOth
day of April, 1964.
Leo F. Frommelt
Chy CI&rk
7-64
Al11endlng
of fhe Glty
fhe
of
Robert J. Horgan
Mayor
Richard Ludwig
Peter J. Takos
Eldon A .Pfohl
James J. Kean
GOlln~ilmen
Regular
Regular Session, April 6, 1964
and the
therefore:
~ Seetioll ~06. Above greulld
tanks: All above grounl! tanks for
the storag~ Qf Class I, II alll! III
flammable liquids shall be installed
in aecordanee with National Board
of Fire Underwriters Standard for
the Storage, handling ~nd use of
flammable and combustible liquids
No. 30 as dated July 1963.
Respectfully submitted,
George Deininger,
Chairman Dubuque Building
Code Committee
Councilman Takas moved that
the recommendation of the Build-
ing Code Committee be approved.
Seconded by Councilman Ludwig.
Carried by the following vote:
Yeas-Mayor Horgan, Council-
men Kean, Ludwig, Pfohl, Takes.
Nays-None.
ORDINANCE NO. 6.64
An Ordimmce Amending the
auildlng C:ode of fhe City of
Dubuque, low., by repe,ling
S.c:tion 2406 thereof ,nd e"4Ict"
ing a new Section 2406 in lieu
thereof containing general pro..
visiqns pertaining to require.
ment f-or above ground t.nks,
emb"nkments and dik..,
presented al\d resd.
Councilman Takas moved that
the reading just had be considered
the first reading of the Ordinance.
Seconded by Councilman Ludwig.
Carried by the following vote:
Yeas=-M'-ayor Horgan, Council-
men Kean, Ludwig, pfohl, Takos.
Nays-.-None.
Councilman Takas moved that
the rules be suspended requiring
the reading of an Ordinance on
three separate days. Seconded by
Councilman Ludwig. Carried by the
following vote:
Yeas-Mayor Horgan, Council.
men Ke~n, LUdwig, pfohl, Takos
Na.ys-None.
O!,cHnanc:e No. 6.64-
AN ORDINANCE AMENDING
THE BUILDING CQDE OF THE
CITY OF PUQ,UQl,IE, IOWA, I;iY
R ~ P I; A L I N Q Se:CTION 240Ci
THEREOF AND ENAC"'ING A
NI:.W SECTION 2406 IN LIEU
THe:REOF CONTAININ13 Q~N-
E;RAL PROVISIONS PE;RTAIN.
INO TO REQUIREMENT FOR
A.aVE GROUND T~NKS. .M.
~A.NKMENT$ AND DIK~S.
B~ It Ordained By the CI ty
Council of :Dubuque, Iowa:
SeoUQp 1. Tbij,t SeQtion 2406 of
the Building -Code of the City of
Dubuque, IowlJ. be "rut the f4m.
ie hereby repea.led and a new Sec-
substituted
following
Uonorable Mayor
and City Council
Gentlemen:
The Building Code 'Committee of
tbe City Qf Dubuque, Iowa, lias
considered t:ommunication regard-
iDli ,Illl"age garages and the <:rec-
tien of bulk station, for Flanunable
Liquids.
We believe that Standards that
are set by Recognized Agencies
after exhaustive research and care-
ful consideratlol\ s!lollld be used
as long .. they fit the particular
locality and subject.
The storage of private pleasure
cars can well be served by the
fifty pound per square foot live
load requir~ment as long as the
aeeess is restricted to this type
of vehicle and SQ cOl\lrolled.
We recommend that a new
Clasalficatlon be illSerted in
Section 903 of the Building Code
immediately following Garages,
line 8 page 52 stating: Garages,
storage pnvate pleasure ears live
IQad per square foot 50 pounds.
The above grou~d storage of
FI8IIImable Liquids as ouUlned in
the Building Code did net antici-
pate the erection of a large bUlk
sterage plant. The Standard as
recommend~d by the Natlol\al
Board of Fire Underwriters known
a. N.B.F.U. Standard No. 30 for
th~ storage, handling and use of
Flammable and Comhustible
Liquids is much more spCC:ific as
the volume of tanks against size
of dmes, seperation distance of
tanks and fire protection. H a site
call b~ obtained to accomodate
those reqUlremellts then the adop-
tion of Standard No. 30 would be
very desirable.
Therefore we reCOlDlllend that
Section 2400 be amended and sub
settlon (A) and (a) I. be deleted
\t.. 4_16.
Councilman Tako.s moved the
adoption of tb~ Ordinance. SecQnd-
ed by Mafor HQrgan. Carried by
the following vote:
Yeas-Maior Ilorgan, Council-
men Kean. Ludwig, Pfohl, Takos.
Nays-None.
I, 1964
72
Attellt:
JAQ F. .vro~melt
City ClerK
Pu-6liehed 8ftielaUy in The Tele-
CfQh..l:IUAld NeWf~alWr tlli, :!'<ltl1
day of April. 19l!4.
Leo P. Fremmelt
Ctty Clerk
April
t'l
75
Yeas-Mayor Horgan, Council.
men Kean, Ludwig, Pfohl, Takos.
Nays-None.
Mayor Horgan moved that the
rules be suspended in order to let
anyone present address the Council
if they so desire. Seconded by
Councilman Kean. Carried by the
fOllowing vote:
Yeas-Mayor Horgan, CouneiJ.
men Kean, Ludwig, Pfohl, Takos.
Nays-None.
Mrs. Otto Donath addressed the
Council relative to her petition.
Mr. George Davidsaver addressed
the Council by inquiring why Mr.
Donath lost his jOb and why the
Council does not let the man know
and dispose of this particular ease
which seems to come up every
meeting. The Mayor informed Mr.
Davidsaver that the Council does
not want to refuse anyone to pre-
sent a petition and be heard. Every
citizen has that right.
After some discussion Council-
man Ludwig moved that discussion
on this subject be closed for this
evening. Seconded by Councilman
Takas. Carried by the following
vote:
Yeas-Mayor Horgan, Couneil.
men Kean, Ludwig. Pfohl, Takos.
Nays-None.
CITY MANAGER CHAVENELLE
LEFI' THE MEETING AT
9:10 P.M.
Proof of Publication, eertified
to the Publisher, of Notice of
time and place of public hearing
to consider sale of properly in
Lorimers Subdivision to the Tele-
graph Herald, presented and read.
No written objections were filed
and no objectors were present in
the Council Chamber at the time
of the public hearing. Councilman
Takas 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.
RESOLUTION NO. 44-64
WHEREAS, pursuant to Resolu-
tion and notice of time and place
of hearing published in the Tele-
graph-Herald, a newspaper of gen-
eral circulation printed and pub-
lished in the City of DUbuque,
Iowa, on March 9, 1964 and on
March 16, 1964. City Council of
Dubuque, Iowa, met on the 6th day
Regular Session, April 6, 1964
Petition of Veterans of World
War I of the U.S.A. requesting
permission to hold a Memorial Day
parade on May 30th, presented and
read. Councilman Takos moved
that the petition be referred to
the City Manager and Mayor.
Seconded by Councilman Kean.
Carried by the following vote:
Yeas-Mayor Horgan, Council-
men Kean, Ludwig, Pfohl, Takos.
Nays-None.
Petition of the American Legion
Junior Drum & Bugle Corps #6,
requesting permission to hold
"Junior Duke's tag days on April
17, 18, 24, 25, presented and read.
Councilman Takas moved that the
petition be referred to the Mayor
and City Manager. Seconded by
Councilman Ludwig. Carried by the
following vote:
Yeas-Mayor Horgan, Council-
men Kean, Ludwig, Pfohl, Takos.
Nays-None.
Petition of Loras College re-
questing . the vacation and con-
veyance of Catherine street lying
between Lots 35 and 36 and two
alleys all being in Yates Sub. and
Henion & Bairds Sub., they being
the only abutters, in order to
permit orderly expansion of the
campus, presented and read.
Councilman Takos moved that the
petition be referred to the Plan-
ning and Zoning Commission.
Seconded by Councilman Kean.
Carried by the following vote:
Yeas-Mayor Horgan, Council-
men Kean, Ludwig, Pfa-hl, Takos.
Nays-None.
Petition of N. W. Bell Telephone
Co. requesting permission to cut
the pavement at 207 E. 22nd street
for emergency cable repair, pre-
sented and read. Councilman Takos
moved that the petition be granted.
Seconded by Mayor Horgan.
Carried by the following vote:
Yeas-Mayor Horgan, Council-
men Kean, Ludwig, Pfohl, Takos.
Nays-None.
Petition of Mr. and Mrs. Otto
Donath requesting action on their
grievances formerly submitted as
to Otto's joh with the City and
the sewer across their property,
presented and read. Councilman
Takas moved that the petition be
referred to the City Solicitor.
Seconded hy Councilman LUdwig.
Carried by the following vote:
Session, April 6, 1964
the amount of $100. to cover the
amount due on the unexpired por-
tion of Beer license No. 139.
Seconded by Councilman Takas.
Carried hy the fOllowing vote:
Yeas-Mayor Horgan, Council-
men Kean, Ludwig, Pfohl, Takas.
N oys-Nou. ,-
Petition of Leo Heiden request-
ing a refund of $25. on cigarette
license No. 84. presented and read.
Councilman Ludwig moved that the
refund be granted and the Auditor
instructed to issue warrant pay-
able to Leo Heiden in the amount
of $25.00, to cover the amount due
on the unexpired portion of cigar-
ette license No. 84. Seconded hy
Councilman Takos. Carried hy the
follOWing vote:
Yeas-Mayor Horgan, Council.
men Kean, Ludwig, Pfohl, Takas.
Nays-None.
Petition of Western Surety Co.
requesting release of the Sidewalk
construction bond issued in behalf
of Clark E. Manahl, presented and
read. Councilman Takas moved
that the petition be granted pro-
viding there are no outstanding
claims and subject to the approval
of the City Solicitor. Seconded by
Mayor Horgan. Carried by the
following vote:
Yeas-Mayor Horgan, Council-
men KeaD, Ludwig, Pfohl, Takas.
t. 4-10 Nays-None.
Co~cilman Tak~s moved the Petition of V. F. W. requesting
adoption of t.he Ordman~e. Seco!,d- permission to hold a poppy sale on
ed by Counc~an LudWIg. CarrIed May 15th and 16th, presented and
by the followmg vote: . read. Councilman Takos moved
Yeas--Mayor J!:organ, Council- that the petition be referred to
men Kean, Ludwig, Pfohl, Takos. the City Manager and Mayor.
Nays-None. Seconded by Councilman Ludwig.
Petition of Wm. R. Kolek re- Carried by the following vote:
questing a refund of $3.00 as the Yeas-Mayor Horgan, Council-
result of a double purchase of men Kean, Ludwig, Pfohl, Takos.
dog license for the same dog, Nays-None. :
presente~ and read. Councilman Petition of Iowa State Highway
Ludwig moved that the refund be Commission information as to the
granted and the Auditor instructed possibility of the City providing
to issue proper warrant. Seconded fire protection for the State
by Councilman Takos. Carried by Maintenance Garage which is
the following vote, located on Primary Road No. 61
Yeas-Mayor Horgan, Council- and 151, presented and read.
men Kean, Ludwig, Pfohl, Takos. Councilman Pfohl moved that the
Nays-None. petition he referred to the City
Petition of Leo Heiden request- Manager, Fire Chief and City
ing a refund of $100. on Class liB" Solicitor. Seconded by Councilman
beer' license No_ 139, presented Takas. Carried by the following
and read. Councilman Ludwig, vote:
moved that the refund be granted Yeas-Mayor Horgan, Council.
and the Auditor instructed to issue men Kean, Ludwig, Pfohl, Takas.
proper warrant to Leo Heiden in Nays-None.
Penal Institutions, reforma-
torle.. jaiLs and houses of
correction:
Cell blocks 40
Corridors and stairways 100
Nurseries, orphan&&,es and
homes for the aged 40
Residence Bulldings:
Multiple dwellings . 100
One and Two fa.mily dwel-
Una'S 010
Busineas Buildings:
OtncD Buildings 80
Factories and work shop.-
light work 1U
Bakeries and laundrIes 160
Stores-light merchandise 120
heavy merchandise 260
Storage Buildings:
Garages 100
Garages. s tor age private
pleasure cars 00
Storage warehouses-light 125
-heavy 260
Section 2. This Ordinance shaH
be in full force and effect from
and after its final passage, adop-
tion JLnd publication as by iaw
provided.
Introduced the 6th day of April,
1964.
Rule requiring reading on three
separate days suspended by unani-
mous vote the 6th day of Aprli,
1964.
Passed by recorded roll call
vote, adopted a.nd approved this
6th day of April, 1964.
Robert J. Horgan
Mayor
RIchard Ludwig
Peter J. Takos
Eldon .A.. Pfohl
James J. Kean
Councilmen
Leo F. Frommelt
City Clerk
Published otncially in the Tele-
K1"aph Heraid Newspaper this 10th
day ot April 1964.
Leo
F. Frommelt
City Clerk.
Regular
74
Attest:
.
77
Attest:
Leo F. Frommelt
City Clerk
CouncilQlan Takas moved the
adoption of the resolution. Secftnd-
ed by Councilman Kean. Carried
by the fallowing vote:
Yeas-....Mayor Horgan, Council
men Kean, Ludwig, Pfohl, Takas
Nays-None.
plat
1964
Honorable Mayor
and City Council
Gentlemen:
At a regular meeting of the
Dubuq\le Planning alld ZOlling
Conunission held on March 26,
1964, the followillg action was tak-
en:
Motion by Commissioner Flynn,
supported by Commissioner Bis.
sell, that the final plat of 1lI0ck
4 of Marycrest Subdivision 2
be approved and that the ap-
proval of said plat by tile City
Council is recommended.
Motion carried.
V cry truly yours,
Fral\k J. Glab, Secretary
Plal!nng & Zoning Commis-
sion
Coullcilman Takas moved that
the communication of the Commis-
sion be received and filed. Sec.
onded by Councilman Kean. Car-
ried by the following vote:
Yeas-Mayor Horgan, Cou,ncil.
men Kean, LUdwig, Pfohl, Takas.
Nays-None.
April
RESOLUTION NO. 46-44
RESOLUTION APPROVING THE
PLAT OF BLOCK 4 MARYCREST
SUBDIVISION 2 1N THE CITY OF
DUBUQUJ;:, IOWA
Whereas, there has been filed
with the City Clerk a plat in which:
Lot 1 of 1 of 2 of I of 1 of I
of 1 of 1 of Willy Place in the
City of DUbuque, Iowa,
is platted as
Lots 1 through Lot 5 Block 4
Marycrest Subdivision 2 in the
City of DUhuque, Iowa,
by Geerg. A. Saffran as Owner
thereof; and
Whereas said
been
an
March 31,
has
6, 1964
Robert
Regular Session,
Section 2. That the MaYor and
City Clerk are hereby authorized
and directed to execute for and on
behalf Gf City of Dubuque, Iowa,
the in.trl1ment conveying the above
described real estate and granting
the right to b<>rrow from approxi-
mately 15.1 acres to the Iowa State
Highway Commission and to deliver
same upon reeeipt of the sum of
$10,510.00.
Passed, adopted and approved
this 8tb day of April, 1964.
sut!h proposal to dispose of interest
of City of Dubuque, Iowa in and
to the following described real es-
tate, to wit:
From Sta. 377 +65+P.L. to Sta.
381+00 a strip 130 feet wide,
west side,
From Sta. 381+00 to Sta. 383+00
a strip 130-75 feet wide, west
side,
Fro.tn Sta. 383+00 to Sta. 369+00
a strip 75 feet wide, west side,
From Sta. 389+00 to Sta. 392+
00 a strip 75-150 feet wide, west
side,
From Sta. 392+00 to Sta. 400+
00 a strip 150 feet wide, west
'Side,
From Sta. 400+00 to Sta. 401+
17.. a strip 150-250 feet wide,
west side,
From Sta. 401+17.4 to Sta. 402+
55 . strip 260-110 feet wide, west
side,
From Sta. 402+55 to Sta. 404+
18+P.L., all land east to property
line, all in Township 88 North,
Rauge 2, East, County of Du-
buque, State of Iowa, consisting
of approximately 8.5 acres; and
WHERt:AS. there being no oral
or written objection to proposal to
dispose of interest of City of Du-
bUCJlle, Iowa in and to the above
d.scribed real estate to Iowa State
Iflghway COl\lllli:;$ion.
NOW TllEREFORE llE IT RE-
SOLVED BY TlIE CITY COUNCIL
OF DUBUQUE, IOWA:
Section 1. That the disposal of
the interest of City of Dubuque,
Iowa, in and to the above described
real estate Including the right to
borrow from approximately 15.1
aeres by the Iowa State Inghway
Commi/lSion. all located at the Du-
buque MUllicipal Airport for the
1I\U11 of Ten Thousand Five Hun.
dred Ten ($10,510.00) Dollars he
and the same is hereby approved.
6, 1964
Sedi_. 3. That tile City Clerk is
hereby directed to file a certified
copy of this Resolutien in the oUice
of tile Dubuque Count)' ReMrder.
Passed, adopted and epprOved
this 6th day of April, A.D., 1964.
Robert J. Horgan
Mayor
Richard Ludwig
Peter J. Takos
Eldon A. I'lohl
James J. Kean
Councilmen
Attest:
Leo F. Frommelt
CitY' Clerk
Councilmall Takas moved the
adoption of the resolutiol1. Second-
ed by Councilman Kean. Carried by
the following vote:
Yeas-Mayor Horgan, Council-
men Kean, Ludwig. Pfohl, Takos_
Nays-None.
Proof of Publication, certified to
by tbe publisher, of Notice of Pub-
lic Hearing to consider proposal to
dispose of approximately 15 acres
of Airport property to the Iowa
State Inghway Commission for the
purpose of reloeating Highway No.
61, for the price of $10,510.00 to
include land, borrow, fence and
all damages, presented and read.
No written objectiOns were med
and no oral objectors were pres-
ent in the Council Chamber at the
titne set for the pUblic hearing.
Councilman Takas moved that
the proof of pUblication be received
and flied. Seconded by Mayor Hor-
gan. Carried by the following vote:
Yeas-Mayor Horgan. Countil.
men Kean, Ludwig, pfohl, rakos.
Nays-None.
RESOLUTION NO. 45-64
WHEnEAS, pursuant to Resolu-
tion and notice of time and place of
hearing, published in the Tele-
graph~Herald, a newspaper of gen.
eral circulation, printed and pub-
lished in the City of Dubuque,
Iowa, on Marth 9, 1964 and on
Marcb 16', 1964, the City Council
of Dubuque, Iowa met oh the 6th
day of April, 1964 at 7:30 o'clock
P.M., same heing a regular meet-
ing of the City Council of Dubuque,
Iowa, in the Council Chamber In
the City Flail, City of Dubuque,
Iowa, to consider the proposal to
dispose of interest in certain real
estate at which hearing all inter-
ested parties we... afforded all 0p-
portunity to be heard for or against
Regular Session, April
of April 1964, at 7:30 o'clock P.M.,
same being a regular meeting of
the City Council of Dubuque, Iowa,
in the City Council Chamber, in the
City Hall, City of Dubuque, Iowa,
to consider the proposal to dispose
of interest in certain real estate at
which hoaring all interested parties
were afforded an opportunity to be
heard for or against such proposal
to dispose of interest of City of
Dubuque, Iowa in and to the fol-
lowing described real estate, to wit:
Lot 2 of Lot 10 in Lorimer's
Subdivision, Lot 2 of Lot 2 in
Lorimer's Subdivision, Lot 2 of
Lot- 3 in Lorimer's Subdivision,
and Lot "A" in Lorimer's Sub-
division, all in the City of Du-
buque, Dubuque County, State
of Iowa; and
WHEREAS, any and all objec-
tions to the disposal of the interest
of City of Dubuque, Iowa in and
to the above described real estate
to the Telegraph-Herald, an Iowa
Corporation, for the sum of
Eighteen Thousand Three Hundred
Seventy-Five ($18.375.00) Dollars
and other good and valuable con-
sideration are hereby overruled.
NOW THEREFORE BE IT RE-
SOLVED BY THE Crry COUNCIL
OF DUBUQUE, IOWA:
Section 1. That the disposal of
the interest of City of Dubuque,
Iowa_ in and to certain real estate
to the Telegraph-Herald, an Iowa
Corporation, for the sum of
Eighteen Thousand Three Hundred
seventy,Five ($18,375.00) Dollars
and other good and valuable con-
sideration be and the same is here-
by approved, which real estate is
described as follows, to wit:
Lot 2 of Lot 10 In Lorimer's
Subdivision, Lot 2 of Lot 2 in
Lorimer's Subdivision, Lot 2
of Lot 3 in Lorimer's Subdivi.
sion, and Lot "A" in Lorimer's
Subdivision, all in the City of
D\J.buque, Dubuque County,
State of Iowa.
Sedlon 2. That the Mayor and
City Clerk are hereby authorized
and directed to execute the Quit
Claim Deed for and on behalf
of City of Dubuque, Iowa, covering
said real estate hereinabove de-
scribed to The Telegraph-Herald,
an Iowa Corporation, and to deliver
the same upon receipt of the pur-
chase price of $18,375.00.
76
I
79
it. .~1O
Councilman Takos moved the
adoption of the Ordinance. Second-
ed by Councilman Ludwig. Carried
by the following vote:
Yeas - Mayor Horgan, Council
men Kean, Ludwig, pfohl, Takas.
Nays--None.
the reading just had be con-
sidered the first reading of the
Ordinance. Seconded by Council-
man Ludwig. Carried by the follow-
ing vote:
Yeas-Mayor Horgan, Council-
men Kean, Ludwig, Pfohl, Takos.
Nays-None.
Councilman Takas moved that
the rules be suspended requiring
an Ordinance to be read on three
separate days. Seconded by
Councilman Ludwig. Carried by
the following vote:
Yeas-Mayor Horgan, Council- RESOLUTION NO. 47-64
men Kean, LUdwig, Pfohl, Takas. WHEREAS, the alley lying be-
Nays-None. tween Lots 187, 166 and 169 on the
(OFFICIAL PUBLICATION) westerly side and Lots 214, 215 and
ORD~~~NC~N~~~fTI~~ THE 216 o~ the easterly side and from
ALLEY NORTH OF THE CITY the line of the southerly street
GARAGE TO 10TH STREET AND line of East Fifteenth Street to
LYING IN THE BLOCK BE- th .
TWEEN ELM AND PIN E the sou erly lot line extended of
STREETS HEREAFTER TO BE Lot 189 and 214, in "East Dubu-
KNOWN AND DESCRIBED AS que" an addition m' Cl'ty of Dubu-
LOT 187 "A" IN "EAST DU-
BUQUE" AN ADDITION IN CITY que, Iowa, hereafter to be known
OF DUBUQUE, IOWA. and described as follows:
WHEREAS, Joseph H. Deckert Lot 167 "Au' "E t D b
and Myrtle M. Deckert have pe- m as u U.
tltioned the City Council for vaca- que" an Addition in City of
tiOD of that portion ot alley north D b 10
of the City Garage to 15th Street U uque, wa;
and lying In Block between Elm and
and Pine Streets, hereafter to be WHEREAS said alley as above
known and descrIbed as ,
Lot 181 "A" in "East Duw described has been vacated as it
buque" an Addition in City of no longer serves any public pur-
DUbuque, Iowa; and
WHEREAS, the Planning and pose and plat thereof prepared
ZonIng Commission of Dubuque, bearing date of April 2 1964 pre-
Iowa, has recommended the vaca- ,
tfon thereof as same serves no pared by Bartels, McMahan &: Le-
public purpose; and May Engineering Co. and
WHEREAS, City Council of Du~ .,
buque, Iowa determInes that said WHEREAS, Joseph H. Deck~
alley serves no public purpose. and Myrtle M Deckert owner of
NOW THEREFORE BE IT OR- . . '.
DAINED BY THE CITY COUN _ the property abutting said vacated
CIL OF DUBUQUE, IOWA: alley have offered to purchase the
Section 1. That the portion of f th f $3 158 58' d
alley north of the City Garage to same or e sum 0 , . , an
15th Street and lying In block WHEREAS, the sale of said
between Elm and Pine Streets vacated alley to Joseph H Deckert
hereafter to be known and de_ .
scribed as Lot 181 "A" in "East and Myrtle M. Deckert for the sum
Dubuque" an Addition in City of of $3,158.56 is approved.
pubuque, Iowa, be and the same NOW THEREFORE B It b_
IS hereby vacated. , e AC'"
Section 2. The City Clerk is solved By The City Council of
hereby authorized and directed to b
fUe a certified copy hereof In the Du uque, Iowa;
office of the Dubuque County Re- Section 1. That the plat of the
cos~~rion 3. This Ordinance shall alley lying between Lots 187, 188
be In full force and effect from and 189 on the westerly side and
and after its final passage, adop- Lots 214 215 and 216 on the easterw
tion and publlcaUon as by law . J
provided. ly SIde and from the line of the
Introduced the 6th day of April, southerly street line of East
1~~ if h
Rule reqUiring readIng on three F teent Street to the southerly
separate days suspended by unanl_ lot line extended of Lots 189 and
mous vote the 6th day of April, 214' "E t Db" Ad
1964. ,10 as u uque an .
Passed by recorded roll call vote, dition in City of Dubuque Iowa
adopted and approved this 6th day Whl'ch all h reaft r b 'kn '
of April, 1964. ey e e e own
ROBERT J. HORGAN and described as
Mayor L t 187 "An. HEa t D b
RICHARD LUDWIG 0 10 S U u.
PETER J. TAKOS que" an Addition in City of
ELDON A. PFOHL Dubuque Iowa
JAMES J. KEAN .'
Councilmen whIch plat bears date of
6, 1964
Attest:
Leo F. Frommelt
City Clerk
Published OfficiallY in The Tele-
graph-Herald newspaper this 10th
day of April 1964.
Leo 11'. Frommelt
City Clerk
2,
April
~
Regular Session, April
Regular Session, April 6, 1964
that the final plat of "West Flora"
Subdivision be approved, and that
the approval of said plat by the
City Council is recommended.
Motion carried.
Very truly yours,
Frank J. Glab, Secretary
Planning & Zoning Com.
mission
Councilman Takos moved that
the communication be referred
back to the Planning & Zoning
Commission and to provide us with
a detailed report on their philoso-
phy on handling such a plat and
review this in the light of past
developments in Mozena property.
Seconded by Councilman Kean.
Carried by the following vote:
Yeas--Mayor Horgan, Council.
men Kean, Ludwig, pfohl, Takos.
Nays-None.
that
1964
Honorable Mayor
and City Council
Gentlemen:
At a regular meeting of the Du-
buque Planning aod Zoning Comw
mission held on March 26, 1964,
the following action was taken:
Motion by Commissioner Bissell,
supported by Commissioner Glab,
that the recommendation of the
City Manager relative to the vaca-
tion of the alley north of the City
Garage to 15th Street and lying
in the block between Elm and
Pine Streets be approved, and that
approval hy the City Council is
recommended.
Motion carried.
Respectfully submitted,
Frank J. Glah, Secretary
Planning and Zoning Com-
mission
Councilman Takos moved that
the recommendation of the Com-
mission he approved. Seconded by
Councilman Pfohl. Carried hy the
following vote:
Yeas-Mayor Horgan, Council.
men Kean, Ludwig, Pfohl, Takos.
Nays-None.
ORDINANCE NO. 8-64
An Ordinance vacating the aUey
north of the City Gerege to 15th
street and lying in the block
between Elm and Pine Streets
hereinafter to be known .nd
described as Lot 187 II A" In
East Dubuque an eddltlon in the
City of Dubuque, Iowa,
presented and read.
Councilman Takos
March 31,
moved
1964
Honorable Mayor
City Council
Gentlemen:
At a regular meeting of the Du-
buque Planning and Zoning Camw
mission held on March 26, 1964,
the following action was taken:
Motion by Commissioner Flynn,
supported by Commissioner Bush,
Attest:
Leo F. Frommelt
City Clerk
Councilman Takos moved the
adoption of the resolution. Secondw
ed by Councilman Kean. Carried by
the following vote:
Yeas-Mayor Horgan, Council.
men Kean, Ludwig, Pfohl, Takos.
Nays-None.
78
examined by the City Planning
and Zoning Commission and apw
proved by said body; and
Whereas there appears thereon
certain easements for pUblic utiliw
ties which the owners have upon
said plat dedicated to the public
foreverj and
Whereas said plat has been
found by the City Council to con-
form to the Statutes and Ordin-
ances relating thereto and that the
necessary public improvements
have been installed;
NOW THEREFORE, Be It Re-
solved By The City Council Of The
City of Dubuque, Iowa:
Section 1. That the dedication of
public utility easements as the
same appear on the plat are herew
by accepted.
Section 2. That the plat of Lots
1 of 1 of 2 of 1 of 1 of 1 of 1 of 1
of Willy Place in the City of Du-
buque, Iowa, which will hereafter
be known as Lot 1 through Lot 5
Block 4 Marycrest 2 in the City
of Dubuque, Iowa, is hereby
approved and the Mayor and City
Clerk are hereby authorized and
directed to endorse the approval
of the City of Dubuque upon said
plat.
Passed, adopted and approved
by recorded roll call vote this 6th
day of April, A.D., 1964.
Rohert J. Horgan
Mayor
Richard Ludwig
Peter J. Takas
Eldon A. pfohl
James J. Kean
Councilmen
31,
March
and
.
81
this body. I refer to the Couneil's
penalty imposed. on a beer whole-
saler convicted of selling beer to a
minor. We ordered the estabJish..
ment closed for a period of time
aDd issued a finn warning that re-
Vocation would be made on a Sl.lb-
soqUeut incident. The key to future
Council action lies in my. secon4-
recommeildation which calIs fOf a
well defined and announced policy
regarding both minors and operat.-
ors. Concerning tavern operators,
I Propose: I) That they be notified
of our intention to enforce the
law to the letter. 2) That taverns
and other beer licensees recognize
the problems created by minors
and their acute condition relative
to enforcement and licensing. 3)
That In the future any tavern or
beer licensee who fails in the opin.
Ion of the City Manager and Police
Chief to conduct his operation
properly, and in particular the
handling of minors, he shall be
reported to the Council. After re-
viewing the findings of the City
Manager aM Pollee Chief and if
the Council deems the findings
sufficient and with cause, a resolu-
tion of public reprimand shall be
made public. This resolution shall
also serve the purpose of a warning
to the respective operator all4 If
the warning is not heeded, the City
Manager and Pollee Chief shall
recommend revocation to the CoutJ.~
cll. The Couneil shall act aCCrn-ding-
Iy and without affording the af.
fected person a public hearing al-
though the recovation action shall
be a public one.
While we exact tight controls
on beer licensees Iurge the Council
to recognize the problem cteatM
by the under-aged in this regard.
We are living in the era of falsifica-
tion of age on wide-se-ale basis.
I recently discovered that my own
nineteen year old son attempted
to use a false identificktion card
tG gain entrance into a tavern. I
don't condone his or ant minor's
nefarious acts. This action virtually
imp8Iils any o~rator's liV'elihood.
He could be wiped out finAnciaU,.
by such a capricious act. Therefore
I believe stepped up enforcelDAlnt
in this area must be done if we are
to remain fair and consistent te>-
garding the total problem. I belieY*
we should ask the judges to ev.lu-
ate their position with regard to
the conviction of minors ill poSSes-
Session, April 6, 1964
ing question that while we acted
conscientiously did we act fairly
cOJUiidering the whole problem.
This leads to the next question.
Have we attempted to exact too
tough a penalty when we have
not laid out precise gUidelines for
both minors and operators. Before
exacting such a penalty I have to
ask myself, do operators and land-
owners realize the extent of the
law and more importantly are they
fully knowledgeable of the coun-
cil's intention in these regards. We
have just ended an era of illegal
tavern operations and many pre-
vious councils were forced to ac-
cept the modus opporendi situa-
tion as we all well know . We are
still in a transition period even
though the new laws are effective
uo.til this body declares it's inten-
tion regarding enforcement and a
clear pOlicy is spelled out so no
one can- say they did not under-
stand what would or would not be
tolerated.
Because of these factors I believe
we should reconsider our action
against Mr. Crane and substitute
the following:
1) That Mr. Crane be instructed
to submit his beer license to the
poliee Chief for a ten day period
commencing tomorrow, April 7th,
1964.
2) That Mr. Crane surrender his
liquor license during the period of
his probation, as henceforth out.
lined, which would end on June
30th, 1964.
3) That Mr. Crane be advised that
he and his business are being plac.
ed on probation until the expira..
tion of his present beer license
which is JUly 1st, 1964.
4) If in the opinion of the City
Manager and Police Chief, Mr.
Crane has successfully performed
during this period they shall
recommend a license renewal for
Mr. Crane with his understanding
that at any time the City Manager
and Police Chief feel he has failed
to comply with standards as set out
by the City Council, the Council
shall consider a revocation recom-
mendation and without a public
hearing.
Gentlemen, I feel the aforemen-
tioned is not only a penalty that we
could live better with ourselves but
one which would serve the purpose
and the incident. It would be more
consistent with previous actions of
Regular
6, 1964
Permit issued to Mr. Crane, he
will . lose his liquor permit.
However, the establishment may
be re-licensed upon al?plication
withoqt the onc year limitation as
I outlined in my letter.
Respectfully submitted,
R. N. Russo
City Attorney
Councilman Takos moved that
the communication be received
and filcd. Seconded by Mayor
Horgan. Carried by the following
vote:
Yeas-Mayor Horgan, Council-
men Kean, Ludwig, Pfohl. Takos.
Nays--None.
A resolution was presenied call-
ing for the revocation of heer
license No. 71 issued to Leonard
IJ. Crane. No action was tak~n on
the resolution.
Councilman Takas moved (I) that
Mr. Crane be instructed to '1ur-
render his beer lieense to the
Police Chief commencing tomor-
row morning, April 7, 1964. (2) Mr.
Crane surrender his license during
the period of his probation which
would end June 30, 1964. (3) Mr.
Crane be advised that he and his
business are being placed on pro-
bation until the expiration of his
present beer license wbich is June
30, 1964. Seconded by Councilman
Kean. Carried by the following
vote:
Yeas-Mayor HorgtUl, CpWlcil-
men Kean, Ludwig, Pfohl, Takos.
Nays-None.
Councilman Takas read the fol-
lowing statement for the record:
The actions of an objective City
Council require consistent and fair,
and I emphasize fair, pOlicy which
i~ known and understood by the
public. I do not believe our POlicy
regarding minors and tavern oper-
ators is either clear in our own
minds nor in the mind of the
public. I believe this condition
prevailed at the time of the HOli-
day Inn hearing",..,..-I believe it pre-
vails this evening.
The City Manager and the Police
Chief have acted in what they
deemed to be the council's direc-
tion and which served to be In
the best interest of the P\lblic.
I do not feel we as a council have
outlined the specific course of ac-
tion we deem necessary.
I have given grave considera-
tion to our action at the public
hearing and I can't evade the prob-
Regular Session, April
1964
Crane
Gentlemen:
As a further report in <;onnec-
tiOn with my letter to you on
Leonard H. Crane together with
copy of letter from the Iowa
Liquor Control Commissi()n I wish
to state that I am advised by the
Iowa Liquor Control Commission
representative tltatin the event
that you revoke the Class B Beer
Attest:
Leo F. Frommelt
City Clerk
Counellman Takos moved the
adoption of the resol\ltlon and also
that the ebjection to the proposal
submitted by Max Blum be refer-
red to the time of the public
hearing. Seconded by Councilman
Ludwig. Carried by the following
vote:
Yeas--Mayor Horgan, Council-
men Kean, Ludwig, Pfohl, Takos.
Nays-None.
1964 prepared by Bartels, Mc-
Mahan & LeMay Engineering Co.
be and tile same is hereby aP-
proved and the Mayor and City
Clerk us hereby authorized and
directed to execute the same for
lIIId on beilalf <>f City of Duhuque,
Iowa .and the City Clerk is directed
to record said plat in the office
of the Dubuque County Recorder.
Section 2. That the 4th day of
May, 1964, at 7:30 o'clock P.M. in
the Council Chamber, City Hall,
City of Dubuque, Iowa is fixed as
the time and place of hearing on
such proposal and ta cause notice
t. be publi~hed as by law provided
of the intent of City of Dubuque,
Iowa to dispose of its Interest in
and to
Vtt 187 "A" in "East Dubu-
que" an Addition in City of
Dubuque, Iowa, to
8oaep)1 If. Deckert and Myrtle M.
Deckert for the sum of $3,158.56,
plus the co~ts of publication and
that n. abstract of title will be
furnished the purehaser.
Passed, adopted and approved
this 6th day of April, 1964.
Robert J. Horgan
Mayor
Richard Ludwig
Peter J. Takas
Eldon A. l'fohl
James J. Kean
Councilman
March 31,
Honorable Mayor
and City Council
Re: Leonard H.
80
I
83
1964
Robert J. Horgan
Mayor
Richard Ludwig
Peter J. Takas
Eldon A. Pfohl
James J. Kean
Councilmen
the adop-
Regular Session, April 6, 1964
Councilman Kean moved the
adoption of the resolution. Second~
ed by Councilman pfohl. Carried by
the following vote:
Yeas-Mayor Horgan, Council.
men Kean, Ludwig, Pfohl, Takas.
Nays-None.
(A Resolution Accepting
Improvement)
RESOLUTION NO. 49-64
WHEREAS, the contract for the
construction of a twenty.four inch
(24") sanitary sewer and appur-
tenances in 32nd Street from the
existing manhole at the inter-
section of White Street and 32nd
Street, thence westerly in 32nd
Street to Grandview Ave., thence
southerly in Grandview Ave. with
an eight inch (8") sanitary sewer
to the southerly property line of
Lot 1 of Lot 2 of Lot 2 of Mineral
Lot 359.
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 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 he and the
same is hereby accepted.
BE IT FURTHER RESOLVED,
that the City Treasurer be and he
is hereby directed to pay to the Attest:
contractor from the Sanitation- Leo F. Frommelt
Sewage Rental Fund in amount City Clerk
equal to the amount of his con- Mayor Horgan moved the adop-
tract. less any retained percentage tion o~ the resolution. S~conded by
provided for therein. Counc~lman Takos. CarrIed by the
Passed, adopted and approved followmg vote: .
this 6tb day of April 1964 Yeas-Mayor Horgan, CounCIl-
Robert 'J. Horgan men Kean, Ludwig, pfohl, Takos.
Mayor Nays-None.
Richard LUdwig RESOLUTION NO. 51-64
Peter J. Takas Approving Preliminary Estimate,
Eldon A. pfohl plans and specifications, form of
James J. Kean contract and all other documents
Councilmen for the' construction of CITY OF
DUBUQUE 1964 CONCRETE CURB
& GUTl'ER PROJECT NO. I, on
the following named streets;
Carter Road Extension, Farragot,
King. John F. Kennedy Road,
O'Neill, Pennsylvania, Sycamore,
and Shiras Ave., at an estimated
amount of $137,919.04, presented
and read.
Mayor Horgan moved
March,
To the Honorable Mayor
and City Council
GenUemen:
1 herewith submit the attached
Sheets No.1 to 9 inclusive showing
a schedule of the proposed valua-
tions and assessments for the City
of Duhuque 1964 Concrete Curb &
Gutter Project No. I
Submitted April 6, 1964.
John L. White
City Engineer
Councilman Kean moved that
the communication be received and
filed. Seconded by Mayor Horgan.
Carried by the following vote:
Yeas-Mayor Horgan, Council-
men Kean, Ludwig, Pfohl, Takos.
Nays-None.
RESOLUTION NO. 5~
BE IT RESOLVED By The City
Council Of The City of Dubuque,
Iowa:
Section 1. That the attached
sheets No. 1 to 9 inclusive are
hereby determined to be the
schedule of proposed assessments
for the City of Dubuque 1964
Curb & Gutter Project No I
Adopted this 6th day of April,
1964.
Attest:
Leo F. Frommelt
City Clerk
Councilman Kean moved the
adoption of the resolution. Second-
ed by Councilman Ludwig. Carried
by the foHowing vote:
Yeas-Mayor Horgan, Council
men Kean, Ludwig, Pfohl, Takos,
Nays-None.
Regular Session, April 6, 1964
COUNClL RECESSED AT
P.M.
RECONVENED AT 10:30 P.M.
April 2, 1964
Honorable Mayor
and City Council
Gentlemen:
The West 32nd Street Sanitary
Sewer has been completed in ac-
cordance with plans and specifica-
tions.
I recommend the acceptance of
the improvement.
Very truly yours,
Gilbert D. Chavenelle,
City Manager
Mayor Horgan moved that the
recommendation of the City Man-
ager be approved. Seconded by
Councilman Kean. Carried by the
following vote:
Yeas - Mayor Horgan, Council-
men Kean, Ludwig, Pfohl, Takos.
Nays-None.
FINAL ESTIMATE
RESOLUTION NO. 48-64
WHEREAS, the contract for the
construction of a twenty-four inch
(24") sanitary sewer and appurten-
ances in 32nd St. from the existing
manhole at the intersection . of
White St. and 32nd St., thence
westerly in 32nd St. to Grandview
Ave., thence southerly in Grand-
view Ave. with an eight inch (8'~
sanitary sewer to the southerly
property line of Lot I of Lot 2
of Lot 2 of Mineral Lot 359 has
heen completed and the City Engi-
neer has submitted his final esti-
mate showing the cost thereof,
now therefore,
BE IT RESOLVED, by the City
Council of the City of Dubuque,
That the cost of said improve-
ment is hereby determined to be
$72,779.25.
That none of the cost thereof
shall be assessable upon private
property and $72,779.25 shaH be
paid from the Sanitation-Sewage
Rental Fund of the City of Du-
buque.
Passed, adopted and approved
this 6th day of April, 1964.
Robert J. Horgan
Mayor
Richard Ludwig
Peter J. Takas
Eldon A. Pfohl
James J. Kean
Councilmen
Attest:
Leo F. Frommelt,
City Clerk
10:20
sion of alcoholic beverages and
false identification. It would help
enforcement if maximum penalties
were imposed by the courts.
Gentlemen, I have laid before
you two areas of consideration. The
latter is necessary if our body
agrees on the importance of a de-
fined and announced policy and
one which will penalize the seller
and. the minor buyer on an equal
basis where an infraction occurs.
Concerning the Crane incident I
would rather take a reverse posi.
tion and be labeled inconsistent
that to feel 1 have not been one
hundred per cent fair. The only
pressure On this reversal comes
from within myself. Under the cir-
cumstances I feel that revocation
of the Crane license would go
much farther than to juatifiedly
penalize this man. I request this
statement be entered into the rec-
ord a copy forwarded to the Iowa
Liquor Commission together with
any pertinent action by this body.
Isl Peter J. Takos
City Councilman
April 6, 1964
Mr. Crane addressed the Council
by agreeing that no policy has been
laid out for tavern keepers in Du-
huque_ It is lime that the City lays
down a policy. He tried to super-
vise the minor problem and made a
trip to Des Moines to find out about
the problem. He concurred in
Takos' statement.
Councilman Takos moved that
his statement be placed into the
record and a copy he forwarded
to the Chairman of the Iowa Liquor
Commission and members of the
City Council. Seconded by Council-
man pfohl. Carried by the follow-
ing vote:
Yeas-Mayor Horgan, Council-
men Kean, Ludwig, Pfohl, Takas.
Nays-None.
Mayor Horgan moved that the
City Manager convoke a meeting
of the following: City Manager,
City Solicitor, City Council, Judges
of the Municipal Court and Presi-
dent of the tavern owners Associa-
tion for the purpose of establishing
policy in the area of beer and
Hquor control. Seconded by Coun-
cilman Ludwig. Carried by the fol-
lowing vote:
Yeas - Mayor Horgan, Councn-
man Kean, Ludwig, Pfohl, Takos.
Nays-None.
82
I
85
Attest:
Leo F. Frommelt
City Clerk
Mayor Horgan moved the 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.
1964
To the Honorable
and City Council
Gentlemen:
I herewith submit the attached
Sheets No. 1 to 39 inclusive show-
ing a schedule of the proposed
valuations and assesments for the
City of DUbuque 1964 Bituminous
Concrete Paving Project No. 1
Submitted April 6, 1964.
John L. White
City Engineer
Mayor Horgan moved that the
communication be received and
filed. Seconded by Councilman
Kean. Carried by the following
vote:
Yeas-Mayor Horgan, Council-
men Kean, Ludwig, Piohl, Takas.
Nays--None.
Robert J. Horgan
Mayor
Richard Ludwig
Peter J. Takas
Eldon A. pfohl
James J. Kean
Councilmen
RESOLUTION NO, S4-64
BE IT RESOLVED By The City
Council Of The City of Dubuque,
Iowa:
Section I. That the attached
sheets No. 1 to 39 inclusive are
hereby determined to be the
schedule of proposed assessments
for the City of DUbuque 1964 Bi-
tuminous Concrete Paving Project
No. I.
Adopted tbis
1964.
Attest:
Leo F. Frommelt
City Clerk
Councilman Kean moved the
adoption of the resolution. Second-
Apri
J. Horgan
Mayor
Richard Ludwig
Peter J. Takos
Eldon A. pfohl
James J. Kean
CouncUmen
March,
Mayor
6th day of
Rohert
Regular Session, April 6, 1964
Councilman Takos. Carried by the
following vote:
Yeas-Mayor Horgan, Council-
men Kean, Ludwig, Pfohl, Takas.
Nays-None.
(FixIng date of hearIng)
RE$OLUTION NO. S:J.64
WHEREAS, the City Council of
the City of Dubuque, Iowa, has by
Resolution No. 51.64 given its pre-
liminary approval on the proposed
plans, specifications and form of
eontract and placed same on file
in the office of the City Clerk for
public inspection, for the
. City of Dubuque 1964 Concrete
Curb & Gutter Project No. 1
and
WHEREAS, the proposed Reso-
lution for said improvement has
been introduced and is now on
file in the City Clerk's office for
public inspection,
BE IT THEREFORE RESOLVED
tbat on the 4th day of May, 1964,
a public hearing will be held at
7:30 o'clock P.M. in the Council
Chamber in the City of Dubuque
at which time the owners of
property subject to assessment for
the proposed improvement may
appear and make objection to the
proposed plans and specifications
and proposed form of contract and
at the same time to tbe boundaries
of tbe proposed district, to the
cost of the improvement, to the
amount to be assessed against any
lot and to the passage of the pro-
posed Resolution of Necessity and
the City Clerk be and he is hereby
directed to cause a notice of the
time and place of such hearing to
be published in some newspaper
published in the city of Dubuque,
the last of which shaU be not less
than two (2) nor more than four
(4) weeks prior to the day fixed
for its consideration and unless
property owners at the time of
final consideration of said resolu-
tion have on file with the Clerk
objeetions to the amount of the
propo.!lled assessment, they shall
have been deemed to have waived
aU objections thereto, at which
bearing the Council will hear such
objections and enter on record its
final decision thereon.
Passed, adopted and approved
this 6th day of April, 1964.
Regular Session, April 6, 1964
Limits to Eagle Point Park En-
trance
Attest:
Leo F. Frommelt,
City Clerk
Mayor Horgan DlOVed the approv-
al of the resolution. seconded by
BE IT THEREFORE RESOLVED
that the City Councll on its owh
motion or upon petition of proper~
ty owners, deems it advisable and
necessary for the pUblic welfare
to make the herein mentioned im.
provement, and unless property
WHEREAS, proposed plans, spec- owners at the time of the final
ifications, form of contract, plat consideration of this proposed reso-
and schedule have been duly pre- lution have on file with the City
pared and approved by the City Clerk objections to the amount of
Couneil of the City of Dubuque and the proposed assessments, they
are now on file in the office of shall be deemed to have waived all
the City Clerk showing among oth- Objections thereto.
er tWngs the following: Said improvement shall be con.
1. The assessment limits of each structed and done in accordance
street to be improved. with the plans and specifications
2. The streets to be improved. which have been prepared therefor
3. The width of such improve- by the City Engineer which have
ment. been approved by the City Council
4. Each lot proposed to be asses- and are now on file with the City
sed together with a valuation Clerk. That the cost and expense of
fixed by the couneil. making said improvement will be
5. An estimate of the cost of the assessed upon and against all pri.
proposed improvement, stating vately owned property lying within
the same for each different assessable distance provided by
type of construction and kind law and in an amount not to
of material to be used. exceed the amount provided by
6. In each case the amount there- law, property will be assessed wbe.
of which is estimated to be as. ther the same abuts thereon or is
se.!llsed against each lot, for the adjacent thereto according to area
City of Dubuque 1964 Concrete and i~ proportion to the special
Curb and Gutter Project No.1 ben.efds conferred the~eby, and any
on the following named streets: deficiency shall be paId out of the
1. Carter Road Extension north street fu~d. b~n~s ~han be issued
from a point 600 feet north of and sold In anbclpation of deferred
Kane Street to the south prop. payments of assessments when a
erty line of West 32nd Street. contract has been performed and
2 Farragut Street from the alley accepted and the proceeds thereof
. west of Rhomberg Avenue to the us~d to pay the contractor. The
alley east of Rhomberg A venue. raIlway porti~n of any street or
3. King Street from the east prop- assessment dlStriet shall b~ as-
erty line of Fulton Street to the sessed to and paId by the raIlway
west property line of Broadway comThpany.
St. e above resolution was intro.
4. John F. Kennedy Road from the duced, ap!'roved and. ordered
south property line of Asbury pl~ced 011 file WIth the CIty Clerk
Street to the north property line thIS 6th day of AprIl, 1964.
of Pennsylvania Avenue. Approved and placed on file for
5. O'Neill Street from east prop. final action.
erty line of Brunswick Street to Robert
the west property line of Burden
Avenue.
6. Pennsylvania Avenue from Sec-
tion Corner, Sec. 21, 22, 27 & 28,
to the west property line of Key
Knolla Sub.
7. Sycamore Street from the north
property line of East 16th Street
to the north property line of East
14th Street.
8. Shiras Avenue old
J. Horgan
Mayor
Richard Ludwig
Peter J. Takos
Eldon A. pfohl
James J. Kean
Councilmen
City
84
110n of the resolution. Seconded
by Councilman Kean. Carried by
the following vote:
Yeas-Mayor Horgan, Council
men Kean, Ludwig, Pfohl, Takos
Nays-None.
(Neeessitv for Improvement)
RESOLUTION NO. 52-64
from
II
f!1
the west property line of Villa Approved and placed on file for
Street. final actioD.
18. East Thirteenth Strect from Robert J. Horgan
the east property line of Wash- . Mayor
ington Street to the west prop- Richard Ludwig
erty line of the East 35 feet Peter J. Tako.
of Lot 206 of East Dubuque Eldon A. pfohl
Addition. James J. Kean
CouncUmen
19. West Twelfth Street from the Attest.
west property line of B1!,ff Leo' F. Frommelt
Street to the east property line City Clerk '
of Grove Terrace. Mayor Horgan moved the ap-
20. Shiras Avenue from old city proval of the resolution. Seconded
limits to Eagle Point Park En- by Councilman Takoa. Carried by
trance. the following vote:
BE IT THEREFORE RESOLVED Yeas - Mayor Horgan, Council-
that the City Council on its own men Kean, Ludwig, pfohl, Takos.
motion or upon petition of prop- NaY~None.
erty owners, deems It advisable (Fixing date of heerlng)
and necessary for the public wel- RESOLUTION NO. 57-64
fare in make the herein mentioned WHEREAS, the City Council of
improvement, ~nd unless property the City of Dubuque, Iowa, has by
o.wners. at the b,;"e of the final con- Resolution No. 55-64 given its pre-
s~deration of thi~ proposed reso~u- liminary approval on the proposed
bon have on file WIth the CIty plans specifications and form of
Clerk objections to the amount of contract and placed same on file
the proposed assessments, !hey in the office of the City Clerk for
shall !>" .deemed to have waIved public inspection, for the City of
all objections thereto. Dubuque 1964 Bituminous Con-
Said improvement shall be COD- crete Paving Project No. 1 and,
structed and done in accordance WHEREAS, the proposed Reso.
with the plans and specifications lution of Necessity for said im-
which have been prepared therefor provement has been introduced
by the City Engineer which have and is now on file in the City
been approved by the City Council Clerk's office for public inspectio~,
and are now on file with the City BE IT THEREFORE RESOLVED
Clerk. That the cost and expense that on the 4th day of May, 1964,
of making said improvement will a pUblic hearing will be held at
he assessed upon and against all 7:30 o'clock P.M. in the Council
privately owned property lying Chamber in the City of Dubuque at
within assessable distance provided which time the owners of propertY
by law and in an amount Dot to subject to assessment for the pro-
exceed the amount provided by posed improvement may appear
law property will be assessed and make objection to the pro-
whether the same abuts thereon or posed plans and specifications and
is adjacent thereto according to proposed form of contract and at
area and in proportion to the spec- the same time to the boundaries
ial benefits conferred thereby, and of the proposed district, to the cost
any deficiency shall be paid out of of the improvement, to the amount
the street fund, bonds shall he is- proposed to he assessed against
sued and sold in anticipation of any lot and to the passage of the
deferred payments of assesments propoed Resolution of Necessity
when a contract has heen per. and the City Clerk he and he Is
formed and accepted and the pro- hereby directed to cause a notice
ceeds thereof used to pay the con- of the time and place of such hear-
tractor. The railway portion of any ing to be published In some news-
street or assessment district shall paper puhlished in the city of Du-
be assessed to and paid by the rail- buque, the last of which shall be
way company_ not less than two (2) nor more than
The above resolution was intro- four (4) weeks prior to the day
duced, approved and ordered plac- fixed for its consideration and un-
ed on file with the City Clerk this less property owners at the time
6th day of April, 1964. of final consideration of said reso-
Regular Session, April 6, 1964
Session, April 6, 1964
Arlington Street from the west
property line of Grove Terrace
to the east property line of
Prairie Street.
Atlantic Street from the north
property line of University Av-
enue to the south property line
of Loras Boulevard.
Booth Street from the north
property line of Dodge Street
to the south property line of
University Avenue.
Burns Street from the north
property line of Cleveland Av-
enue to the end of existing curb
and gutter, 40' north of the
north property line of Hancock
Street.
Chestnut Street from the west
property line of Highland Place
to the east property line of Wal-
nut Street.
West Eleventh Street from the
east property line of Grove Ter-
race to the west property line
of Lot 13 of Caine's Subdivision.
Farragut Street from the alley
west of Rhomberg Avenue to
the alley east of Rhomherg Av-
enue.
Faye Street from the north
property line of Clarke Drive to
the south property line of
Lowell Street.
Grove Terrace from the north
property line of Arlington
Street to the north property
line of Wilbur Street.
Indiana Avenue from the east
property line of Born Avenue
to the west property line of
Missouri Avenue.
King Street from the east prop-
erty line of Fulton st. to the
west property line of Broadway
Street.
O'Neill Street from the east
property line of Brunswick
Street to the west property line
of Sheridan Street.
Park Street from the east prop-
erty line of Mt. Pleasant Street
to the east property line of
Lot 50 of Voelker Highlands.
Rose Street from the east prop-
erty line of Alta Vlata Street
to the west property line of
Walnut Street.
Rosedale Avenue from the west
property line of A voca Street to
the east property line of Asbury
Street.
Rush Street from the east prop-
erty line of Bryant Street to
9.
10.
11.
12.
13.
14.
15.
16.
17.
2.
3.
4.
5.
6.
7.
8.
Regular
by the following vote:
Yeas-Mayor Horgan, Council-
men Kean, Ludwig, Pfohl, Takas.
Nays-None.
RESOLUTION NO. 55-64
Approval of Preliminary Esti-
mate, plans and specifications,
form of contract, plat and all other
documents for the construction of
CITY OF DUBUQUE 1964 BITIJ-
MINOUS CONCRETE PAVING
PROJECT NO. I, on the following
named streets; Allison Place,
Arlington, Atltantic, Booth, Burns,
Chestnut, West Eleventh, Farragut.
Faye, Grove Terrace, Indiana,
King, -' O'Neill, Park, Rose, Rose-
dale, Rush, East Thirteenth, West
Twelfth, Shiras, at an estimated
amount of $183,156.75, presented
and read.
Mayor Horgan moved the adop-
tion of the resolution. Seconded by
Councilman Kean. Carried by the
following vote:
Yeas--Mayor Horgan, Council-
men Kean, Ludwig, Pfohl, Takas.
N ays--N ooe.
(Necessity for Improvement)
RESOLUTION NO. 56-64
WHEREAS. proposed plans,
specifications, form of contract,
plat and schedule have been duly
prepared and approved by the City
Council of the City of Dubuque
and are now on file in the office
of the City Clerk showiug among
other things the following:
1. The assessment limits of each
street to be improved.
2. The streets to be improved.
3. The width of such improve-
ment.
4. Each lot proposed to be
assessed together with a
valuation fixed by the council.
5. An estimate of the cost of
the proposed improvement,
stating the same for each
different type of construc-
tion and kind of material to
be used.
6. In each case the amount
thereof which is estimated to
be assessed against each lot,
for the
City of Dubuque 1964 Bituminous
Concrete Paving Project No. 1
on the following named streets:
ed by Councilman Pfohl. Carried
1. Allison Place from the south
property line of Dethl Street
to the west property line of Col-
lege Avenue.
86
,
89
area and in proportion to the spec-
ial benefits conferred thereby, and
any deficiency shall be paid out of
the street fund, bonds shall be is-
sued and sold in anticipation of
deferred payments of asseSSn1ents
when a contract has been perform-
ed and accepted and the proceeds
thereof used to pay the contract-
or. The railway portion of any
street or assessment district shall
be assessed to and paid by the rail-
way company.
The above resolution was intro-
duced, approved and ordered plac-
ed on file with the City Clerk this
6th day of April, 1964.
Approved and placed on file
for final action.
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 the ap.
proval of the resolution. Seconded
by Mayor Horgan. Carried by the
fOilowing vote:
Yeas-Mayor Horgan, Council-
men Kean, Ludwig, Pfohl, Takas.
Nays-None.
WHEREAS, the City Council of
the City of Dubuque, Iowa, has by
Resolution No. 59-64 given its pre-
liminary approval on the proposed
plans specifications and form of
contract and placed same on file
in the office of the City Clerk for
public inspection, for the City of
Dubuque 1964 Hot Mix-Hot Laid
Asphaltic Concrete Pavi~g Project
No. 1 and,
WHEREAS, the proposed Resolu-
tion of Necessity for said improve-
ment has been introduced and is
now on file in the City Clerk's
office for public inspection.
BE IT THEREFORE RESOLVED
that on the 4th day of May 1964,
a public hearIng will be held at
7:30 o'clock P.M. in the Council
Chamber in the City of Dubuque
at which time the owners of prop-
erty subject to assessment for the
proposed improvement may appear
and make Objection to the pro-
posed plans and specifications and
(Fixing elate of hearing)
RESOLUTION NO. 61-64
6, 1964
Regular Session, April
City of Dubuque 1964 Hot Mix-Hot
Laid Asphaltic Concrete Paving
Project No. 1 on the following
named streets.
.1. Carter Road Extensi~n north
from a point 600 feet north of
Kane Street to the south prop-
erty line of West 32nd Street.
2. Clarke Drive from the north
property line of West Locust
Street to the east property line
of North Main Street.
3. John F. Kennedy Road from the
south property line of Asbury
Street to the north property line
of Pennsylvania Avenue.
4. Pennsylvania Avenue from Sec-
tion corner, Sec. 21, 22, 27 & 28
to the west property line of
Key Knolls Subdivision.
5. Sycamore Street from the north
property line of East 16th Street
to the north property line of
East 14th Street.
6. West Third Street from the east
property line of Hill Street to
the east property line of North
Grandview Avenue.
7. University Avenue from the west
property line of Mt. Pleasant
Street to a point 93 feet west of
the east property line of Lot I of
the Sub of Lot I of Tschirgi &
Schwinds Suhdv.
BE IT THEREFORE RESOLVED
that the City Council on its own
motion or upon petition of property
owners, deems it advisable and
necessary for the public welfare
to make the herein mentioned im-
provement, and unless property
owners at the time of the final
consideration of this proposed reso-
lution have on file with the City
Clerk objections to the amount
of the proposed assessments, they
shall be deemed to have waived
all objections thereto.
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 eost 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
Regular Session, April 6, 1964
Robert J. Horgan
Mayor
Richard Ludwig
Peter J. Takos
Eldon A. Pfohl
James J. Kean
Counellmen
Attest:
Leo F. Frommelt,
City Clerk
Mayor Horgan moved the adop.
tion of the resolution. Seconded by
Councilman Kean. Carried by the
following vote:
Yeas-Mayor Horgan, Council-
men Kean, Ludwig, Pfohl, Takos.
Nays-None.
RESOLUTION NO. 59-64
Approval of Preliminary Esti-
mate of plans and specifications,
form of contract. plat and all other
documents for the construction of
CITY OF DUBUQUE 1964 HOT
MIX-HOT LAID ASPHALTIC CON-
CRETE PAVING PROJECT NO.1,
on the following streets: Carter
Road Extension. Clarke Drive, John
F. Kennedy Road, Pennsylvania,
Sycamore, W. Third, University,
To the Honorable at an estimated amount of $238,-
and City Council 090.84, presented and read.
Gentlemen: Councilman Kean ~ved the
I herewith submit the attached adoption of the. resolution. See-
Sheet. No. I to 20 inclusive show- o~ded by Counclb.nan Pfohl. Car-
ing a schedule of the proposed val- <led by the follOWIng vote: .
uations and assessments for the Yeas-Mayor ~organ, Councll-
City of Dubuque 1964 Hot Mix-Hot men Kean, LudWig, pfohl, Tako..
Laid Aphaltic Concrete Paving Nays-None.
Project No. 1. (Neoessity for Improvement)
Submitted April 6, 1964. RIiSOLUTlON NO. 60-64
Mayor Horgan moved that the WHEREAS, proposed plans, spec-
communication be received and ifications form of contract, plat
filed. SecQnded by Councilman Ta- and schedule have heen duly pre-
koso Carried by the following pared and approved by the City
vote: Council of the City of Dubuque
Yeas - Mayor Horgan, Council. and are now on file in the office
men Kean, Ludwig, Pfohl, Takas. of the City Clerk showing among
Nays-None. other thing. the following:
RESOLUTION NO. 58-64 I. The assessm~nts limits of each
. street to he Improved.
BE .IT RESOL ~D by the CIty 2. The streets to be improved.
CouncIl of the CIty of Dubuque, 3. The width of such improve.
Iowa: Mento
Section 1. That the attached 4. Each lot proposed to b. ...
sheets No. 1 to 20 mcluslve are sl;tssed together with a valua.
hereby determined to be the tion fixed by the council.
schedule of proposed assessments 5. An estimate of the cost of
for the CIty of Dubuq~e 1964 Hot the proposed improvement,
Mix-Hot Laid Asphaltic Concrete stating the same for each dif.
SUrfacing Project No. I, and the ferent type of construction and
valuations set out therein are kind of material to be used.
hereby approved. 6. In each case tbe amount there-
Adopted this 6th day of of which is estimated to be as-
1964. sessed against each lot, for the
1964
Attest:
Leo F. Frommelt
City Clerk
. Mayor Horgan moved the adop.
tion of the resolution. Seconded by
Councilman Kean. Carried by the
following vote:
Yeas - Mayor Horgan,
men Kean, Ludwig, Pfohl,
NaY$--None.
88
lufion have on file with the Clerk
objections to the amount of the
proposed assessment, they shall
have been deemed to have waived
all objections thereto, at which
hearing' the CQuncll will hear such
objections and enter on record its
finB:I decision thereon.
Passed, adopted and approved
this 6th day of April, 1964.
Robert J. Horgan
Mayor
Richard Ludwig
Peter J. Takos
Eldon A. pfohl
James J. Kean
Councilmen
April
Counci
Takas.
March,
Mayor
I
91
3. The width of such improve- out of the street fund, bonds shall
ment. be issued and sold in anticipation
4. Each lot proposed to be of deferred payments of asses.
assessed together with a ments when a contract has been
valuation fixed by the council. performed and accepted and the
5. An estimate of the cost of proceeds thereof used to pay the
the proposed improvement, contractor. The railway portion of
stating the same for each any street or assessment district
different type of construc- shall be assessed to and paid by
tion. and kind of material to the railway company.
be used. The above reolution was intro-
6. In each case the amount duced, approved and ordered
thereof which is estimated to placed on file with the City Clerk
be assessed against each lot, this 6th day of April, 1964.
for the Approved and placed on file for
City of Dubuque 19~4 Concrete final action
Paving with Integral Curb Project Approved:
No. I on the following streets: Robert J. Horgan
I. Kerper Blouevard from the Mayor
south property line of 16th Richard Ludwig
Street to the south property Peter J. Takos
line of 12th Street. Eldon A. Pfohl
2. Terminal Street from the north James J. Kean
property line of First Street Councilmen
to the north property line of Attest:
Camp Street. Leo F. Frommelt
3. Charter Street from the west City Clerk
property line of Main Street to Councilman Kean moved the
the east property line of Salina approval of the resolution. Second-
Street. ed by Mayor Horgan. Carried by
BE IT THEREFORE RESOLVED the following vote: .
that the City Council on its motion Yeas-Mayor I!organ, CouncIl.
or upon petition of property men Kean, LudWIg, Pfohl, Takas.
owners deems it advisable and Nays-None.
necess~ry for the publiC welfare (Fixing date of hea~ing)
to make the herein mentioned im- RESOLUTION NO. 65+4
provement, and. unless prop~rty WHEREAS, the City Council of
owners at. the tIme ~f the fmal the City of Dubuque, Iowa, has by
conSid~ratlon of thIs p~oposed Resolution No. 63-64 given its pre-
r-:so~l!tlon h~ve. on file WIth the. liminary approval on the proposed
CIty Clerk ObJectIons to the amount plans, specifications and form of
of the proposed assessments, they contract and placed same on file
sh~1I I?" deemed to have waived all in the office of the City Clerk for
objectIons thereto. public inspection, for the
Said improvement shall be con- CITY OF DUBUQUE 1964 CON-
structed and done in accordance CRETE PAVING WITH lNTE-
with the plans and specifications GRAL CUBB PROJECT NO. I
which have been prepared therefor and,
by the City Engineer which have WHEREAS, the proposed Reso-
been approved by the City Council lution of Necessity for said im-
and are now on file with the City provement has been introduced
Clerk. That the cost and expense and is now on file in the City
of making said improvement will Clerk's office for public inspection.
be assessed upon and against all BE IT THEREFORE RESOLVED
privately owned property lying that on the 4th day of May, 1964,
within assessable distance pro- a public hearing will be held at
vided by law and in an amount not 7:30 o'elock P.M., in the Council
to exceed the amount provided hy Chamber in the City of Dubuque
law, property will be assessed at which time the owners of
whether the same abuts thereon property subject to assessment -for
or is adjacent thereto according the proposed improvement may
to area and in proportion to the appear and make objection to the
special benefits conferred therehy, proposed plans and specifications
and any deficiency shall be paid and proposed form of contract and
Regular Session, April 6, 1964
Regular Session, April 6, 1964
RESOLUTION NO. 62-64
BE IT RESOLVED By The City
Council Of The City of Dubuque,
Iowa
Section 1. That the attached
sheets No. 1 to 2 inclusive are
hereby determined to he the
schedule of proposed assessments
for the City of Dubuque Concrete
Paving with Integral Curb Project
No.1, and the valuations set out
therein and hereby approved.
Adopted this 6th day of April
1964.
Attest:
Leo F. Frommelt
City Clerk
Mayor Horgan moved the adop-
tion of the resolution. Seconded
by Councilman Kean. Carried by
the following vote:
Yeas-Mayor Horgan, Council-
men Kean, Ludwig, pfohl, Takos.
Nays--None.
RESOLUTION NO. 63-64
Approving Preliminary Estimate,
plans and specifications, form of
contract, plat and all other docu-
ments for the construction of CITY
OF DUBUQUE 1964 CONCRETE
PAVING WITH INTEGRAL CURB
PROJECT NO. 1 on the following
streets:
Kerper Blvd., Terminal Street,
Charter Street in an estimated
amount of $164,497.42, presented
and read.
Councilman Kean moved the
adoption of the resolution. Second-
ed by Mayor Horgan. Carried by
the following vote:
Yeas--Mayor Horgan, Council-
men Kean, Ludwig, pfohl, Takos.
Nays--None.
(Necessity for : mprovement)
RESOLUTION NO. 64-64
WHEREAS. proposed p I a n s,
specifications, form of contract,
plat and schedule have been duly
prepared and approved by the City
Council of the City of Dubuque and
are now on file in the office of the
City Clerk showing among other
things the folIowing:
1. The assessment limits of each
street to be improved.
2. The streets to be improved.
Robert J. Horgan
Mayor
Richard Ludwig
Peter J. Takas
Eldon A. Pfohl
James J. Kean
Councilmen
proposed form of contract and at
the same time to the boundaries of
the proposed district, to the cost of
the improvement, to the amount
proposed to be assessed against
any lot and to the passage of the
proposed Resolution of Necessity
and the City Clerk be and he is
hereby directed to cause a notice
of the time and place of such hear-
ing to be published in some news.
paper puhlished in the city of Du-
buque, the last of which shall be
not less than two (2) nor more than
four (4) weeks prior to the day
fixed for its consideration and un.
less property owners at the time
of linal consideration of said reso.
lution have on file with the Clerk
objections to the amount of the
proposed assessment, they shall
have been deemed to have waived
all objections thereto, at which
hearing the Council will hear such
objections and enter on record its
final decision thereon.
Passed, adopted and approved
this 6th day of April, 1964.
Rohert J. Horgan
Mayor
Richard Ludwig
Peter J. Takos
Eldon A. Pfohl
James J. Kean
Councilmen
Attest:
Leo F. Frommelt,
City Clerk
Mayor Horgan moved the adop-
tion of the resolution. Seconded
by Councilman Kean. Carried by
the following vote:
Yeas - Mayor Horgan, Council.
men Kean, Ludwig, pfohl, Takos.
Nays-None.
March, 1964
To the Honorable Mayor
and City Council
Gentlemen:
1 herewith submit the attached
Sheets No. 1 to 2 inclusive show-
ing a schedule of the proposed
valuations and assessments for the
City of Dubuque Concrete Paving
with Integral Curb Project No. 1
Submitted April 6, 1964.
John L. White
City Engineer
Councilman Kean moved that
the communication be received
and filed. Seconded by Mayor Hor-
gan_ Carried by the following vote:
Yeas-Mayor Horgan, Council-
men Kean, Ludwig, pfohl, Takos.
Nays-None.
90
II
93
Passed, adoPted and approved
this 6th day of April, 1964.
Robert J. Horgan
Mayor
Ricnard Ludwig
Peter J. Takas
Eldon A. pfohl
James J. KeID
Councilmen
Att.lt: Attest:
Leo F Frommelt Leo F. Frommelt
City' Clerk City Clerk
d Councilman Takas moved the
Mayor Horgan moved the a op. adoption of the resolution. Second-
t10n of t~e resolutIon. Se~onded ed by Mayor Horgan. Carried by
by CouncIlman Kean. Carned by the fOllowing vote:
the followlug vote: . YeaS-Mayor Horgan Council-
Yeas-Mayor Horgan, CouncIl- . f h' I Tak
K L d. pf hi Takas men Kean, LudwIg, Po, os.
men ean, u WIg, o. . Nays-None.
Nays-None. RESOLUTION NO. 69-64
RESOLUTION N~. 68-64 WHEREAS, applications for
WHEREAS, applicatIons for ~~r Liquor Permits have been sub-
Permits were fIled by the Wlthm mJtted to this Council for approval
named applicants and they ha,:e and the same have been examined,
received tne approval of this NOW THEREFORE BE IT RE-
Council; and . SOLVED by the City Council of
W1I.EREAS, the pre~ses to be the City of Dubuque, Iowa, that
OCCupIed by such applicants were the following applications be
inspected an~ found to ~om~ly granted and licenses issued upon
witn the ordinances of thIS CIty the compliance with tne terms of
and they have filed proper bonds: tne IOWA LIQUOR CONTROL
NOW THEREFORE, BE IT RE- ACT-Chapter 123-as amended
SOLVED by the City Council of by the 60th General assembly,
the City of Dubuque, Iow~, that the 1963.
Manager be and he IS hereby NAME ADDRESS
directed to i86Ue to the folloWlI~g CLASS "C" COMMERCIAL
nSDIed applicants a Beer Permit. LICENSE
NAME ADDRESS Delbert DaUgherty, 238 West 6th
CLASS "II" IIIIER PERMIT Street
Donald M. Love, 250 West 6th CLASS "B" HOTEL LICENSe
Street Julien Motor Hotel, 200 Main
Mrs. JO,Sepbine BllI"ke, 531 Main Street
. Street TRANSFER OF CLASS "c"
Herbert F. Bisping, 1401 Elm COMMERCIAL LICENSE
Street Mrs. Josephine Burke, 531 Main
Ethel Schwarl2, 500 Rhomberg Street, Transfer from Fischer
A"enue Building
Carl N. Brant, 2600 Central Avenue Passed, adopted and approved
Ill.hard N. Stecklein, 450 West this 6th day of April, 1ll64.
Locust Robert J. Horgan
Delbert Daugherty, 238 West 6th Mayor
Street Richard Ludwig
John B. Burgmaier, 2401 Windsor Peter J. Takas
A venue Eldon A. pfohl
Dubuque Baseball, lnc., E. 4th James J. Kean
Street Extension Councilmen
CLASS "c" BEER PERMIT Attest:
Earl J McNamara, 1046 University Leo F. Frommelt
A ve~ue City Clerk
Joseph Oliver Reilly, 2204 Central Councilman Takas moved the
Avenue adoption of the resolution. Second.
BE IT FURTHER RESOLVED ed by Councilman Kean. Carried
that the bonds filed by such appli- by the follOWing vote:
cants be and the same are hereby YeaS-Mayor Horgan, Council-
approved. men Kean, Ludwig, Pfohl, Takos.
April 6, 1964
Regular Session,
Passed, adopted and approved
thiI 6th day of April, 1964.
Robert J. Horgan
Mayor
Richard Ludwig
Peter J. Takos
Eldon A. Pfohl
Ja1llti J. Kean
Councilmen
Regular Session, April 6. l~
TIlANSFIiR OF <:IGAR15TTE
LICENSE
Mrs. ;rosephin~ Burl<e, oal Main
Street, T~an.ter fr!llll a~ West
9th Str.'"
BE IT FURnu;:R RESOLVJ!;D
that the bonds filed witll tile appli-
cation he approved.
Passed. adopted and approved
this 6th dsy of April 1964.
Robert J. Horgan
Mayor
Ricnard Lilllwig
Peter J. Takos
Eldon A. J'fohi
JamCll J. )tOW
CQIUlctlmen
Attllit:
Leo F. Frommelt
City <;lerk
Mayor Horgan move" the adop-
tion of the resolution. SecOnded
by Councilman Ludwig: <;anied bY
the following vote:
Ye........Mayor Horgan, Council-
men Kean, Ludwig, pfohl, Takos.
Nays-None_
IlESOLUTION NO. 67-64
WHEREAS, applications for Beer
Permits have been submitted to
this Council for approval and the
saJne have been examined: NOW
THjlliEFORE,
liE IT RESOLVE:D by the City
Council of the City of Dqbu'lue,
Iowa, that lhe following appllca-
tiona be granted alld li_s.s he
is~ued qpOll compliance wit.4 tlle
terms of the ordinances of the
City.
NAME ADORa,S
CLASS "B" HilER PERMIT
Donald M. Love, 2M West 6th
Street
Mrs. Josephine Burke, 531 Main
S~t
Herhe~ F. Bisping, 1401 Elm
Street
Etnel Schwartz, 500 Rhomberg
Avenue
Carl N. Brant, 2600 Central Avenue
Ricl1afd N. Stecklein, 450 West
Locust .
Delbert Daqghe~ty, 23~ Wast "h
Street
John B. Bqrgmsier, a401 Windsor
Avenue --
DUbqqq" Baseball, lnc., E. 4th
Street ~tenaion
l;LASS "c" BEER PERMIT
Earl J. McNamara, 1046 University
Avenue
Joseph Olive~ Reilly, 2?04 Central
Avenu4'
66-64
BE IT RESOLVED by the City
Council of the City of Dubuqu~,
Iowa, that the following having
complied with the provisions of
law relating to the sale of Cigar-
ettes within the City of Dubuque.
Iowa, he granted a permit to sell
Cigarettes and Cigarette Papers
within said City.
Name Addr..s
Ethel Schwartz, 500 Rhomherg
Avenue
Gordon Cunningham, Bunker Hill
Golf Cou~se
Delbert Daugherty, 236 West 6th
Stl-eet
Joseph Oliver Reilly, 2204 Central
. Avenue
92
at the. same time to the boundaries
of Ihe proposed district, to the
cost of Ihe improvement, to tne
amount proposed to be asse_d
agaillst any lot alld to the passage
of the prop_d Resolution of
Necessity and the City Clerk be
and he is hereby directed to cause
a notice of the time and place of
such hearing to he puhUsned in
some newspaper published in the
City of Dubuque, the last of which
oI1all he not less than two (2) nor
more than four (4) weeks prior to
the day fixed for its consideration
and unless property owners at the
time of final consideration of said
resolution have on file with the
Clerk objections to the amount of
the proposed assessment, they
shall have been deemed to have
waived all objections thereto, at
which hearing the Council will
hear such obj ections and enter on
record its final decision thereon.
Passed, adopted and approved
this 6th day of April, 1964.
Robert J. Horgan
Mayor
Richard Ludwig
Peter J. Takas
Eldon A. Pfohl
James J. Kean
Councilmen
Attest:
Leo F. FroD1lDelt
City Clerk
Mayor Horgan moved tne adop-
tion of the resolution. Seconded
by Councilman Takos. Carried by
the following vote:
Yeas----Mayor Horgan, Council-
men Kean, Ludwig, Pfohl. Takas.
Nays-None.
RESOLUTION NO.
95
Chamber of Commerce with re-
spects to the purchase of said prop-
erty; and
WHEREAS, the terms of sale by
the Dubuque Chamber of Com-
merce and purchase thereof by
City of Dubuque are contained in
form of option, a copy of which is
marked Exhibit UA"' and attached
hereto and by reference made . a
part hereof.
NOW THEREFORE BE IT RE-
SOLVED BY THE CITY COUNCu..
OF DUBUQUE, IOWA:
Section 1. That the option dated
April 20, 1964 by Dubuque Cham-
ber of Commerce to City oiDu-
buque, Iowa covering the sale and
purchase of the following de.
scribed property:
City Lot 632 in the City of
Dubuque, Iowa, according to
the United States Commission~
er's Map of the Town (now
City) of Dubuque, Iowa,
be and the same is hereby ap-
proved.
Section 2. That the Mayor and
City Clerk be and they are hereby
authorized and empowered to exe-
cute said form of option hereto
attached for and on behalf of City
of Dubuque, Iowa.
Section 3. That the City Manager
of City of Dubuque, Iowa, be and
he is hereby authorized and em-
powered to exercise said option at
such time as is necessary in his
discretion and that upon exercis.
ing said option that the sum of
Nine Thousand Nine Hundred
($9,900.00) Dollars be paid to the
Dubuque Chamber of Commerce in
accordance with said option agree-
ment.
Passed' adopted and approved
this 20th day of April, 1964.
Robert J. Horgan
Mayor
Richard Ludwig
Peter J. Takos
Eldon A. Pfohl
James J_ Kean
Councilmen
II
Attest:
Leo F. Frommelt.
City Clerk
Councilman Takos moved the
adoption of the resolution. Second-
ed by Councilman Kean. Carried
by the follOwing vote:
Yeas - Mayor Horgan, Council.
men Kean, Ludwig, pfohl, Takas.
Nays-None.
Special Session, April 20, 1964
CITY COUNCIL
OFFICIAL
Special Session April 20, 1964.
Council met at 7:30 P.M., C.s.T.
Present-Mayor Horgan, Council-
men Kean, Ludwig, Pfohl, Takos.
City Manager Gilbert D. Chaven-
elle.
Mayor Horgan read the calI and
stated that service thereof had
been duly made and this meeting is
called for the purpose of conSIder-
ing the Articles of Incorporation
creating a County-City of Dubuque
Authority; authorizing execution
thereof and appointing members to
Board of Commissioners to govern
said Authority. also to consider
resolutions providing for a notice
of hearing on proposed plans, and
specifications, and also setting date
for taking bids for the construc-
tion of a Parking Garage and act-
ing on any other business which
may properly come before a regu-
lar meeting of the City Conned.
A resolution adopting Articles
of Incorporation creating County-
City of DUbuque Authority; Auth-
orizing execution thereof and ap-
pointing Members to Board of
Commissioners to govern said
authority was presented and read.
Councilman Takoo moved that the
resolution be deferred until next
Monday evening, April 27th. Sec-
onded by Councilman Kean. Car-
ried by the following vote:
Yeas - Mayor Horgan, Council-
men Kean, Ludwig, Pfohl, Takos.
Nays-None.
RESOLUTION NO. 71-64
WHEREAS. the City Council of
the City of Dubuque, Iowa, pro-
poses to erect a parking ramp
facility on the property bounded
on the north by Ninth Street.
bounded on the west by Bluff
Street, bounded on the south by
Eighth Street and bounded on the
east by Locust Street, all in the
City of Dubuque, Iowa; and
WHEREAS, the property located
on the southwest corner of the
intersection of Ninth and Locust
Streets presently owned by the
Dubuque Chamber of Commerce is
required in order to construct said
parking ramp facility; and
WHEREAS, the City Manager
h.s negotiated with the Dubuque
City Clert
Attest:
1964
to 5-14-67, being a six year term.
Seconded by Councilman Takos
Carried by the following vote:
Ye~Mayor Horgan, Council-
men Kean, Ludwig, _ pfohl, Takas.
Nays-None.
Councilman Takas moved the
idea of establishing a Juvenile
Division in the Police Department
be referred to the City Manager.
Seconded by Mayor Horgan. Car.
ried by the following vote:
Yeas - Mayor Horgan, Council-
men Kean, Ludwig, Pfohl, Takos.
Nays-None.
Councilman Takos moved that
subject to the City Manager's ap-
proval the Park Board be given
an additional $6,500.00 for the
installation of a fence and park-
ing lot improvements abutting the
Ham House. Seconded by Mayor
Horgan. Carried by the following
vote;
Yeas - Mayor Horgan, Council-
men Kean, Ludwig, Pfohl, Takos.
Neys-None.
Councilman Kean moved that the
City Manager be instructed to sit
down with the Recreation Com-
mission to consider the feasibility
of lighting the first nine holes of
the golf course for possible night
use. Seconded by Councilman Ta~
koso Carried by the following vote:
Yeas - Mayor Horgan. Council-
men Kean, Ludwig, pfohl, Takas.
Nays-None.
There being no further business
Mayor Horgan moved to adjourn.
Seconded by Councilman Kean.
Carried by the following 'ate:
Yeas - Mayor Horgan, Council-
men Kean, Ludwig, pfohl. Takas.
Nays-None.
Leo F.
Councilmen
Frommelt
City Cuerk
964.
964.
r
I
j
I
I
l
Approved
Adopted
Session, April 6,
Nays-None.
RESOLUTION NO. 70.64
WHEREAS, applications for
Liquor Permits were filed hy the
within named applicants and they
have received the approval of
this council. and
WHEREAS, the premises to be
occupied by such applicants were
inspected and found to comply
with the State Law and all City
ordinances relevant thereto and
they have filed proper bonds;
NOW THEREFORE BE IT RE-
SOLVED by the City Council of
Dubuque, Iowa, that the Manager
be authorized to cause to be issued
to tIle following named applicants
a Liquor Permit.
NAME ADDRESS
CLASS "C" COMMERCIAL
LICENSE
Delbert Daugherty, 238 West 6th
Street
CLASS "B" HOTEL LICENSE
Julien Motor Hotel, 200 Main
Street
TRANSFER OF CLASS "C"
COMMERCIAL LICENSE
Mrs. Josephine Burke. 531 Main
Street, Transfer from Fischer
Building
Passed, adopted and approved
this 6th day of Apirl, 1964.
Bohert J. Horgan
Mayor
Richard Ludwig
Peter J. Takas
Eldon A. Pfohl
James J. Kean
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Takos moved the
adoption of the resolution. Second-
ed by Mayor Horgan. Carried by
the fol1owing vote:
Yeas-Mayor Horgan, Council-
men Kean, LUdwig, Pfohl, Takos.
Nays-None.
COUNCu.. RECESSED AT 10:45
P.M.
RECONVENED AT 11:00 P.M.
Mayor Horgan moved that Walter
Lundeen be reappointed to the
Police and Fire Pension and Re-
tirement Board for a four year
term to 4-1-68 and George Deinlng.
er be reappointed to the Board
of Zoning Adjustment for a 5
year term to 3-5-69 and W. J.
Daugherty be appointed to fill the
unexpired term of George Murphy
on the Airport Zoning Commission
Regular
94
97
the amount of $9,900.00 p~yable
to Dubuque Chamber of Comm...ce
is herewith attached.
Yours very truly,
By Gilbert D. Chaveneile,
City Manager
I, the undersigned herewith ack-
nowledge receipt of copy of the
foregoing election to exercise op-
tion by City of Dubuque, Iowa and
herewith acknowledge receipt of
warrant of City of Dubuque, Iowa,
payable to Duhuque Chamber of
Commerce in the amount of $9,-
900.00.
DUBUQUE CHAMBE:R OF
COMMERCE:
By Roger Rhomberg,
First Vice-President
Councilman Takas moved that
the rules be suspended in order to
let anyone present address the
Council if they so desire. Seconded
by Mayor Horgan. Carried by the
following vole:
Yeas - Mayor Horgan, Council-
men Kean, LUdwig, Pfohl, Tuos.
Nays-None.
Attorney F. J. O'Connor stated
that the Chamber of Commerce has
undertaken to make the cost less
than $75.000 to the City. Mention
was made of voluntary contribu-
tions up to possibly $30,000. How-
ever the Chamber of Commerce is
not legally bound as to the contri-
butions on a voluntary basis. Tile
approval must be strictly on the
terms of the option.
RESOLUTION NO. n64
RESOLUTION providing for a
notice of hearing on proposed
pllns~ specifications and form
of contract for constructlpSJ a
Parking Glrlse in and for the
City of Dubuque, Iowa.
WHEREAS the City of Dubuque
in Dubuque County. Iow~1 h(ls
heretofore established and is now
operating a system of public motor
vehicle parking facilities In said
City consisting of both on.street
parking meters and off-street park-
ing lots; and
WHEREAS the location and
physical characteristics of the
business area, together with the
Increased use by the public of
motor vehicles, has resulted in
serious traffic congestion in the
business sections of said City; and
WHEREAS after a public hear-
ing held and conducted pursuant
to the provisions of Section 390.1
of the Code of Iowa, 1962, this
II
20, 1964
Session, April
April 30, 1964
Dubuque Chamber of Commerce
Attn: Mr. Roger Rhomberg,
Vice PrllS.
Gentlemen:
You are herewith advised that
the City of Dubuque, Iowa Ilerewith
elects to exercise the option dated
April 20, 1964, for the sale and
purchase of the following described
real estate:
City Lot 632 in the City of Du-
buque, Iowa, according to the
United States Commissioners'
Map of the Town (now City) of
Dubuque, Iowa;
in accordance with the terms and
proviSions of said option warrant
of the City of Dubuque, Iowa, in
Dubuque Chamber of Commerce
shall be entitled to remove all
personal proPerly from the build-
ing on said premises and such fix.
tures, attachments and other com-
ponents of said building as the Du-
buque Chamber of Commerce in its
discretion shall determine, which
property shall be removed prior to
delivery of deed.
(10) If the option herein granted
is not exercised by the City of
Dubuque on Or before May 1, 1964,
the payment of $100.00 made to the
Dubuque Chamber of Commerce
shall be retained by it and the
Dubuque Chamber of Commerce
is released of all further liability
hereunder to the City of Dubuque.
(11) If the terms of this option
are acceptable to the City of Du-
buque, kindly indicate your ap.
proval thereof by signing the orig-
inal of this letter and return it
within 10 days from date hereof.
DUBUQUE CHAMBER OF
COMERCE
By Francis J. O'Connor,
President
The terms of the foregoing option
are approved.
Dated this 20th day of April, 1964.
CITY OF DUBUQUE, IOWA
By Robert J. Horgan,
Mayor
Attest:
Leo F. Frommelt,
City Clerk
Councilman Takas moved that
the Mayor and City Clerk be auth-
orized to sign the option. Seconded
by Councilman Ludwig. Carried by
the following vote:
Yeas ---.,- Mayor Horgan, Council-
men Kean, Ludwig, pfohl, Takos.
Nays-None.
Special
20, 1964
tontion to exercise the Option here-
in given, you will be furnished
with an abstract of title extended
to date of delivery, showing good
and merchantable title of record
to said premises vested in the Du-
buque Chamber of Commerce,
which Abstract of Title shall be-
come your property upon consum-
mation of the contract.
(6) If this Option is exercised
by the City of Dubuque as afore-
said, the Dubuque Chamber of
Commerce shall be entitled to reo
tain exclusive use and occupancy
of said premises, rent free, to as
late a date as possible, consistent
with the auto ramp construction
by the City, hereinafter referred
to, and in any case until July 1,
1964.
(7) At the time of conveyance
of said property the Dubuque
Chamber of Commerce will convey
to the City of Dubuque all interest
it may have in and to the alley
adjoining said City Lot 632, suh-
ject to the public easement.
(8) This Option is granted to
the City of Dubuque to permit it
to construct a municipal automo-
bile parking ramp on said premises
and the adjoining city block. If this
option is exercised by the City and
the sale is consummated and there-
after construction of said parking
ramp is not commenced on or be-
fore October 1, 1964, in such case
title to said premises shall auto-
matically revert to the Dubuque
Chamber of Commerce and in con-
firmation thereof the City of Du-
buque City of Dubuque shall exe-
cute and deliver a deed therefor
to the Dubuque Chamber of Com-
merce. H the building located on
said premises is at that time in
substantially the same condition as
at the time of delivery of deed to
the City of Duhuque, the Dubuque
Chamber of Commerce shall pay
to the City the sum of $65,000.00,
and shall be entitled to retain $10,-
000 as liquidated damages; if said
building, however, is at that time
not in substantially the same con.
dition as at the time of delivery
of deed to the City of Duhuque.
the title shall revert automatically
to the Dubuque Chamber of Com-
merce without the payment of any
consideration by the Dubuque
Chamber of Commerce.
(9) In the event this option is
exercised by the City of Dubuque,
Aeril
Session,
(1) The option to purchase shall
extend to twelve o'clock noon,
C.S.T., May I, 1964.
(2) If you elect to exercise said
option, you shall s:ive written
notice thereof to the Dubuque
Chamber of Commerce delivered
to the President or Vice President
thereof.
(3) The purchase price of .aid
property shall be $75,000.00, pay.
able as follows: $10,000 payable at
the time of exercising said option
and the balance. towit, $65,000.00
payable UpOIl delivary of Warranty
Deed and Abstract of Title to you,
as hereinafter provided. 10 making
payment of the sum of $10,000.00
you shall be entitled to credit for
the $100.00 paid to the Dubuque
Chambe'r of Commerce at the time
of approvinll the terms of this
Optloo.
(4) You .hall be entitled to con-
summate the sale at any time prior
to July I, 1964, at which time there
shall be delivered to you a War-
ranty Deed to said premises and an
abstract of title .howing good
and merchantable title thereto
vested in the Duhuque Chamber of
Commerce. H you exercise said
Option and fail to eonsummate
the We on or before July 1, 1964,
the Dub"que Chamber of Com.
merce shall be entitled to retain
the said sum of $10,000 as liquid.
ated damages.
(6) Within fUteeo (15) days from
the date you serve notice of in-
1964
Chaven.
con-
96
CIty of Dubuque
City Hall
Atl4ntion: Mr. Gilbert D.
eUe
Gentlemen:
Pursuant to your request and in
consideration of the sum of One
Hundred Dollars ($100.00), receipt
of which is acknowledged, the
Dubuque Chamber of Commerce
hereby grants and extends to the
City of Dubuque, Iowa, an option
to purchase its property located
at the Southwest corner of Ninth
and Locust Streets, Dubuque, Iowa.
deserihed as follows:
City Lot 632 in the City of
Dubuque, Iowa, according to
the United States Commission-
er's Map of the Town (now
City) of Dubuque, Iowa,
upOn the following terms and
ditions:
Special
April 20,
I
99
City Clerk are hereby authorized
and directed to give notice of the
taking of said bids by publication
of such notice onCe each week for
at least two consecutive weeks in
the "Telegraph-Herald", a news-
paper published in the City of
Dubuque, Iowa, and having a
general circulation in said City,
the first of which publications in
said newspaper shall be at least
fifteen (15) days prior to the date
fixed for receipt of bids. Said
notice shall be in substantially the
following form:
Attest:
Leo F. Frommel
City Clerk
Recorded April 20th, 1964.
Leo F. Frommelt
City Clerk
Councilman Kean moved the NOTICE OF TAKING BIDS FOR
adoption of the resolution. Second- THE CONSTRUCTION OF THE
ed by Mayor Horgan. Carried by LOCUST STREET PARKING
the following vote: GARAGE IN AND FOR THE
Yeas-Mayor Horgan, Council- CITY OF DUBUQUE IOWA
men Kean, Ludwig, Pfohl, Takas. PUBLIC NOTICE 'is hereby
Nays-None. given that sealed proposals eo-
RESOLUTION NO. 73-64 dorsed LOCUST STREET PARK-
RESOLUTION provIding for ING GARAGE will be received by
taking bids for the construction the City of Dubuque, Iowa, at the
of a Parking Garage In and for office of the City Clerk in the
the City of Dubuque, Iowa. City Hall, Dubuque, Iowa, until
. . . 10:00 o'clock A.M., Central Stand-
ard Time, on the 18th day of May,
1964, for furnishing all necessary
materials, equipment, superinten-
dence and lahor for the construc-
tion of the Locust Street Parking
Garage, to be located in the block
bounded by Locust, Bluff, Eighth
and Ninth Streets in the City of
Dubuque, Iowa, according to the
plans and specifications therefor
prepared by De Leuw, Cather &
Company, Engineers, 165 West
Wacker Drive, Chicago, illinois,
and now on file in the office of
the City Clerk. The project con-
sists generally of the complete
construction of a multi-level re-
inforced concrete motor vehicle
parking structure with a floor
area of approximately 160,000
square feet, together with. side-
walks curbs, streets, dramage
and lighting, all as shown in the
plans and specifications.
Each proposal shall be made on
form furnished by the City as a
part of the specifications, shall be
addressed to the City of Dubuque,
c/o Leo F. Frommelt, City Clerk.
City Hall, Dubuque, Iowa, and
must be accompanied in a separate
envelope by a certified check
drawn on a solvent Iowa bank, pay.
able to the order of the City
of Dubuque, Iowa, or a deposit of
money, in an amount equal to at
Special Session, April 20, 1964
Passed and approved April 20th.
1964.
WHEREAS it is necessary and
advisable that the system of public
motor vehicle parking facilities in
the City of Dubuque, Iowa, be
extended and improved by the
construction of a multi-level, re-
inforced concrete parking struc-
ture with a floor area of approx-
imately 160,000 square feet in
the block bounded by Locust,
Bluff, Eighth and Ninth Streets
in said CitY; and
WHEREAS proposed plans,
specifications and form of contract
for said Locust Street Parking
Garage have been prepared by De
Leuw, Cather & Company, Engin-
eers, and are now on file in the
office of the City Clerk, and it is
necessary to fix a time and place
for taking bids for the construction
of said improvement;
NOW, THEREFORE, Be It and
It Is Hereby Resolved by the City
Council of the City of Dubuque,
Iowa, as follows:
Section I. That the 18th day of
May, 1964, at 10:00 o'clock A.M.,
Central Standard Time, at the
office of the City Clerk in the City
Hall, in the City of Dubuque, Iowa,
is hereby fixed as the time and
place of taking bids for the con-
struction of the Locust Street
Parking Garage.
Saction 2. That the Mayor
Robert J. Horgan
Mayor
Richard Ludwig
Peter J. Takas
Eldon A. Pfohl
James J. Kean
Councilmen
and
20, 1964
to the date fixed for said hearing
in the "Telegraph-Herald", a news-
paper pUblished in the City of
Dubuque, Iowa, and having a
general circulation in said City.
Said notice shall be in substantially
the following form:
NOTICE OF PUBLIC HEARING
ON PROPOSED PLANS AND
SPECIFICATIONS AND PRO-
POSED FORM OF CONTRACT
COVERING THE CONSTRUC-
TION OF THE LOCUST STREET
PARKING GARAGE IN AND
FOR THE CITY OF DUBUQUE,
IOWA.
PUBLIC NOTICE is hereby
given that the City Council of the
City of Dubuque, in Dubuque
County, Iowa, will meet in the 4th
day of May, 1964, at the Council
Chambers in the City, Hall, Dubu-
que, Iowa, at 7:30 o'clock P.M.,
Central Standard Time, for the
purpose of conducting a public
hearing on the proposed plans,
specifications and proposed form
of contract for the construction of
the Locust Street Parking Garage
to be located in the block bounded
by Locust, Bluff, Eighth and Ninth
Streets in the City of Dubuque,
Iowa. The proposed plans, specifi-
cations and form of contract have
been prepared by De Leuw, Cather
& Company, Engineers, and are
now on file in the office of the
City Clerk in the City Hall, Dubu.
que, Iowa. The project consists
generally of the construction of a
multi-level reinforced concrete
motor vehicle parking structure
with a floor area of approximately
160,000 square feet, together with
accessories and appurtenances in-
cluding side-walks, curb, street,
drainage and lighting improve-
ments.
order of the City
20th, 1964.
Leo F. Frommelt
City Clark
Section 3. That all resolutions or
parts thereof in conflict herewith
be and the same are hereby re-
pealed, and this resolution shall be
effective forthwith upon its pas-
sage and approval.
At such hearing, any interested
person may appear and file ob.
jections to the proposed plans,
specifications or form of contract
or to the cost of such improvement.
Council
By
April
Session, April
WHEREAi it is necessary to
fix a time and place of hearing
on said proposed plans, specifica-
tions and form of contract and to
give notice thereof;
NOW, THEREFORE, Be It and It
Is lferehy Resolved by the City
Council of the City of Dubuque,
Iowa, as follows:
Section 1. That the plans,
specifications and form of conract
referred to in the preamble hereof
be and the same are hereby
adopted, subject to the notice and
hearing hereinafter provided, and
the 4th day of May, 1964, at 7:30
o'clock P.M., Central Standard
Time, at the Council Chambers in
the City Hall, in the City of Du-
buque, Iowa, is hereby fixed as the
time and place of hearing on said
proposed plans, specificatioJls and
form of contract for constructing
the Locust Street Parking Garage.
Section 2. That the City Clerk
is hereby authorized and directed
to give notice of the hearing on
said proposed plans, specifications
and form of _ contract by publica-
tion of such notice at least once
not less than ten (10) days prior
Council has therefore found and
determined that public conven-
ience and necessity will be served
by adding to, extending and im-
proving said system of public
motor vehicle parking facilities as
contemplated by the "Letter
Report to the City Council and
City Manager, Dubuque, Iowa, on
the Proposed Locust Street Park-
ing Garage", dated December la,
1963, prepared by De Leuw, Cather
&; Company, Engineers, now on
file with the City Clerk, recom-
mending the construction of a
multi.levcl, reinforced concrete
motor vehicle parking structure
with a floor area of approximately
160,000 square feet in the block
hounded by Locust, Bluff, Eighth
and Ninth Streets in said City; and
WHEREAS the cost of acquiring
said additional motor vehicle park.
ing facilities has been estimated
to be $1,350,000 and proposed
plans, specifications and form of
contract for said Locust Street
Parking Garage have been pre-
pared by De Leuw, Cather & Com-
pany, Engineers, and are now on
file with the City Clerk; and
Special
98
DlAf h~ lIfan\ed by l/le
Council.
COp!eA of Ihe pll;lll8 and specifi.
cations .flQd proposal forms may
be ob\",!,ed A\ IlIe office of the
City ~ineer i!' t\1e City Hall,
Dubuqlle, Iowa. or AI the office of
De . L~uw, <;:albef & Company,
Engmeers 165 West Wacker Drive
Chicago, D.linois. on deposit of th~
sum of Twenty.five Dollars ($25.00)
for each set of pia!,. and APecifi.
catIons. The full atjlou!'t of the
Payment to the Contractor will deposit will be refunded upon the
be made from accumulated cash r~turn of the plans and specifica~
011 l1<.\no and from the proceeds of tlons, tran~I?Qrtatio!l prepaid, in
tbe c",ale of Parking Facilities good cond.tlo!!, w'\l1in te!' (IQ)
Revellue Bonds of said City. day~ after tile opening of bid..
Mo!!thlf estima~s will be paid to By vIrtue of ~lalutOI1 authorilf,
the Contractor as the work pro. A prefcrenc~ w'lI be given 10 ....0-
gresses in amclUnts equal to ninety ducts an(l provi~ion.s gr9WP.. 8,Ild
per cent ({)Q%) of the contract coal produced, withip. the State of
value of ttle wort completed duro Iowa,. ilqQ 1Q Iow~ 4om~sH~ labor.
ing tbe precediug calendar month No b.d may be withdrawn within
including the value of materiai a poriod of thirty (30) days from
$uital;lly stored on the premises UP ~nd a~er the date fixed for open-
to Ihe first day of that month as mg bids..
e*mAted by the Engineer. Such The C.ty r~erv8S the right to
mpnth!y payments spall in no way reJcct any or all proposals, and
be construed as an act of accept- the contract will be awarded to the
ance fQr any part of the work lowest responsible bidder.
p~rtiaUy or totally completed. . Puhlished upon the order Gf the
Final payment of tbe remaining C.ty Council of the City of Duhu.
t~n per cent (l0%) due the Con. lIue, Iowa.
trator will be made not earlier Robert J. Horgan
than thirty.one (31) d~ys from the MAyor
filial acceptance of the work hy
the City, suhject to the conditions
an<<;l in accordance with the prO-
visions of Chapter 573 of the Code
of Iowa, 1962. .
The successfpl bidder will be
required to furnish a performance
\>oM in an amount equal to one
bun\lred per cent (100%) of the
cOlltnct price, said bond to be
iisued by a responsible surety
APproved by the City Council and
sh.1I guaranteo the faithful per-
formance of the contract and the
terms and conditions therein C9n~
tained and shall also gq.arantee
t4e work performed and materials
furf1isl1~4 against defects in
materi~ls or workmansbip for a
p~riod of one (1) year from the
date of final acceptance of the
work 1:>Y the City.
The construction work shall be
eommenced within ten dAYS after
the execution of the contract and
shall be fully completed on or
\>efore November 20, 1964, subject
10 any elltensions of time which
101
Horgan moved that the recom.
menations of the Commission be
approved. &econded by Councilman
Kean. Carried by the following
vote:
Yeas-Mayor Horgan, CounCil
men, Kean, Ludwig, Pfohl, Takas
NaYS-None.
April 20, 1964
Honorable Mayor
.nd City Council
Gentlement:
We recently proposed to the
Mayor's Industrial Executive Com.
mittee that we be permitted to
purchase Lot 2 of Block 9 con-
sisting of .367 of an acre and
situated between the Milwaukee
railrOad tracks and the alley ad.
joining the northeasterly border
of our property in area B of the
Industrial Park.
With the expansion of Our WOrk
for." our originally prepared truck
traffic lanes and off-street parking
for emploYees and visitors i. be-
coming overcrowded. Of necessity
in our layout, expansion of these
facilities must be made by extend-
ing them in a northeasterly direc-
tion. The area we now own in
that direction is insuflicient lor
our need~ as our employment in-
creases and building expansion
takes place in the opposite direc-
tion.
Special Session, April 20, 1964
Mayor HOrg'SlI nroved tll'e adop.
tion of the resolution. Seconded hy
Councilman Thkos. Carried hy the
following vote:
Yeas-Mayor Horgan, Council-
men Rean, Ludwig, pfQhl, TakQs.
NaYS-None.
Communication of Charles E.
Carsto-n expressing his apprecia-
tion for the help given by the fire.
men from Station #4 during the
recent flooding of the basement
of his home at 190 Croydon Crest,
presented and read. Mayor Horgan
moved that the communication be
reccived and filed and a COpy of
same be sent to Fire Station No.4.
Seconded by Councilman T.kos.
C.rried by the following vote:
Yeas-Mayor Horgan, Council-
men, Kean, Ludwig, Pfohl, Takos.
Nays-None.
Communication from the City
of Muscatin-e extending an invita-
tion to attend the quarterly meet.
ibg of the large cities grOUp on
April 24, 1964, presented and read.
Mayor Horgan moved that the
communication be referred to the
Council. Seconded by Councilman
Takas. Carried by the following
vote:
Yeas-Mayor Horgan, Council
men, Kean, Ludwig, Pfohl, Takos,
Nay~one.
City
Special $eso;ion, April 20, 1964
1...1 five per cent (5%) of the
amount of the proposal. If the
slle<;eAsful bidder fans to ell~r
inlo a COJltract. with the City of
PuOuque, Iowa, for said work or
fail~ to fumish a satisfactory per.
form!lDce bond or fails to file the
:pece~afY inaurance as required by
tile specifications within fifteC!!
(15) days afler notification of the
award, the Qheck may be casbed
or deposit nloney forfeited as
liquidated damages.
100
I
II
The approximately one.third of
an acre referred to would serve for
our purpose very well and, at least
in Part. solve this problem. Sinte
our northeasterly boundary ad.
joins this area and We also own
the residential property occupying
two of the three lots across the
alley from it, we believe we are
the logical purchaser for it. The
area is vacant and we are informed
that its USe does not fit into any
future plans of the city'S engineer.
ing program.
A letter to us from the Mayor's
Industrial Executive Committee,
which is composed of the mayor,
the chairman of the Board of the
Dock Commissioners and the
manager of DUbuque Industrial
BUreau, advises us that the Com.
mittee approves of and recom-
mends the sale to us for the
amount of One Thousand Five
Hundred Dollars ($1,500). We
therefore hereby offer and express
our desire to purchase the said
property and will appreciate
Communication of Iowa MuDici.
pal Officen Asm. annollDcing the
annual meeting Qf the Iowa
MUnicipal Finance Officers Assn.
meeting to be held in Des Moines
on May 20, 21, and 22, presented
Ind read. Councilman Takas moved
that the eotnmunication be re-
ferred to the City Manager.
Seconded by Councilman Kean.
Carried by the following vote:
Yeas-Mayor Horgan, Council-
men, Kean. Ludwig, Pfohl, Takas.
Nays-None.
Communication bf Recreation
Commission submitting options on
property to be considered in the
establtshment of a playground
area north of Hill Street and South
of West 8th between Caledonia
and Wilson re~ommending that the
options be taken up; that appro-
priate action be taken against
Albert '" Mable Bauer to acquire
their property; that they be
granted an appropriation of $400.
for preliminary acquisition ex-
pense, prellCnt~ and read. Mayor
Att"ll\:
Leo F. Frommelt
City Clerk
Section 3. That all provisions
set out in said form of notiee are
horebY recogqized and prescribed
by this City Coullcil, and that qll
resolutions or orders or parts
thereof to the extent same may
be in conflict herewith are hereby
repealed.
Passed and approved April 20th,
1964.
1\.ttQst:
Leo F. Frommelt
City Clerk
Recorded APril 20th, 1964.
Leo F. Frommelt
City Clerk
April 20th. lPfIi.
Leo F. Frommelt
city CierI<
Robert J. Horgan
Mayor
Richard Ludwig
Pe\ef J. Ta!ros
Eldon A. Pfohl
James J. Kean
COlJ.l}cilmen
Recorded
103
April 20, 1964
To the Honorable Mayor
and City Council
Gentlemen:
This is to advise that I have ap-
proved the following policy and
bonds and desire to have your ap-
proval on same, subject to the ap-
proval of the City Solicitor:
EXCAVATION
Merlin Goerdt, d/b/a Merl Goerdt
Excavating, Policy No. CL 738-
078, American Statea Insurance Co.
SIDEWALK
Thos. FJ..ynn Coal Company, Fed-
eral Insurance Company
Conlon Construction Company,
Federal Insurance Company
Maurice E. Humke, Milwaukee In.
surance Company
Cyril Hanten, Western Surety Com-
pany
Lyle Kopp, U.S. Fidelity '" Guar-
anty Co.
Respectfully submitted,
Gilbert D. Chavenelle,
City Manager
Councilman Kean moved that
the filing of the bonds and policies
he approved subject to the approv-
al of the City Solicitor. Seconded
by Mayor Horgan. Carried by the
following vote:
Yeas - Mayor Horgan, Council-
men Kean, Ludwig, Pfohl, Takos.
Nays-None.
1964
Special Session, April 20,
Seconded by Councilman Kean.
Carried by the following vote:
Yeas - Mayor Horgan, Council-
men Kean, Ludwig, Pfohl, Takas.
Nays-None.
Proof of Publication, cerlified to
by the Publisher, of Statement of
Receipts and a list of claims for
which warrants were issued during
the month of March 1964, present-
ed and read. Mayor Horgan 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, Takas.
Nays-None.
April 20, 1964
To the Honorable Mayor
and City Council
Gentlemen
I am returning to you the letter
of inquiry from the Iowa State
Highway Commission about city
fire protection service for the
Maintenance Garage at ffighways
#61 and #151.
Your staff has investigated the
possibility of furnishing fire ser-
vice and it is recommended that it
not be furnished for the following
reasons:
1.
Session, April 20, 1964
Councilman Ludwig moved that
the recommendation of the City
Manager he approved. Seconded by
Councilman Takos. Carried by the
following vote:
Yeas - Mayor Horgan, Council-
men Kean, Ludwig, pfohl, TakOl.
Nays-None.
16, 1964
To the Honorable
and City Council
Gentlemen:
I have looked into the matter of
requiring foam fire protection for
tank installations storing flam-
mahle liquids in large quantity.
Several questions involving this
consideration have arisen:
1. Is our present regulation ade.
quate?
2. Is foam fire protection a
proper requirement?
3. How to make an enactment
retro-active?
4. Should such a requirement,
if necessary, be set out as a
separate ordinance or includ-
ed in the building code or a
fire prevention code?
In order to properly answer the
above questions, before proceding
with any action, I have requested
the Building Commissioner to re-
quest the building code committee
to look into the matter and report,
and to offer their recommenda-
tions.
April
Mayor
15, 1964
102
having the Council's approval and
action accordingly.
RespectfuUy yours
Thermolyne Corporation
C. J. Ecklund, President
Councilman Kean moved that
the offer of purchase be accepted
and referred for proper proceed-
ings. Seconded by Mayor Horgan.
Carried by the following vote:
Yeas-Mayor Horgan, Council-
men, Kean, Ludwig, pfohl, Takos.
Nays-None.
Mr. C. J. Ecklund addressed the
Council by expressing his appre-
ciation for the consideration given.
Copy of communication sent to
Mr. C. J. Ecklund of Thermoiyne
Corporation by the Mayor's Indus-
trial Executive Committee recom-
mending that the area requested
for in Industrial Park be offered
to the Thermolyne Corporation for
expansion of their present facili-
ties, presented and read. Mayor
Horgan moved that the communi-
cation be received and filed. Sec-
onded by Councilman Kean. Car-
ried by the following vote:
Yeas - Mayor Horgan, CounciJ.
men Kean, Ludwig, pfohl, Takos,
Nays-None.
April
Mayor
Special
~I
I
I
1964
April 20,
To the Honorable Mayor
and City Couneil
Gentlemen:
A survey has been completed re-
garding the vacation and. disposi.
tion of streets along Garfield Ave-
nue; these streets are the ones
east of Garfield that extend toward
Industrial Park.
The survey indicated that the
foUowing streets he vacated from
the easterly property line of Gar.
field A venue to the westerly prop-
erty line of the first alley easterly
of Garfield Avenue:
1. Marshall Street - to be va-
cated, storm sewer easement
retained, and sold to the di-
rect abutters.
2. Emerson Street - to be va.
cated and advertised for sale.
3. Stanton Street - to be va-
cated and sold to the abut-
ter.
I alao recommend that these
three named street he submitted
to the Planning and Zoning Com-
The installation being a large
garage in which is stored road
equipment is a serious fire
threat;
The water supply is not suffi-
cient for fire protection pur-
poses;
The distance from the garage
to the nearest fire station is
five miles. This distance would
ntinimize the fire protection
which could be given hy the
city.
I am attaching a letter from
Chief Hickson, dated April 16th,
which is a report on the inquiry.
RespectfUlly submitted,
Gilbert D. ChaveneUe
City Manager
Councilman Kean moved that
the recommendation of the City
Manager be approved. Seconded by
Councilman Takas. Carried by the
following vote:
Yeas - Mayor Horgan, Council-
men Kean. Ludwig, Pfohl, Takos.
NaY8-:-None.
2.
3.
Respectfully submitted,
Gilbert D. ChaveneUe
City Manager
Councilman Takos moved that
the recommendation of the City
Manager be approved. Seconded by
Councilman Kean. Carried by the
following vote:
Yeas - Mayor Horgan, Council-
men Kean, Ludwig, Pfohl, TakOl.
Nays-None.
To the Honorable
and City Council
Gentlemen:
I herewith submit reports of the
City Auditor, City Treasurer, City
Health Department and City Water
Works for the month of March, as
well as a list of payrolls and claims
for which warrants were lasued for
the month of March, 1964.
Respectfully submitted,
Gilbert D. Chavenelle
City Manager
Councilman Takos moved that
the reports he received and filed.
17, 1964
April
Mayor
To the Honorable
and City Council
Gentlemen:
Several weeks ago your staff re-
ceived a petition to move a street
light located at approximately 755
Chestnut Street to the intersection
of Cox and Chestnut Street.
The situation was investigated
and a recommendation made to
you to move the light from the lo-
cation to the intersection of Cox
Street. The light has been moved.
We now have received a petition
from several residents along Chest-
nut Street, dated April lOth, pe-
titioning that the light be returned
to the old location.
Once again the entire area has
been investigated, and although
the street is ouly 360 feet long and
because of its narrowness, it is rec-
ommended that a street light be
installed on a pole at the intersec-
tion of Chestnut and an alley about
midway between Walnut and Cox
Street.
Respectfully submitted,
Gilbert D. Chavenelle
City Manager
lOP
Iill~nce all the 1llQ"t af the City
ot P\lb\lqll~. ~1\1l tllll\"efor~ ~aid
claim should be denied.
Qri,gjl;\lIl claim is /I e f ~ t Q ~t.
tij~IWcj.
J\e.p~ctf1\l!y sqbll!it~Il,
~. N. !1V$O,
Gity .-\ttol11ey
Councilman Takas moved that
the re~omm~pij<!tion Qf the CitY
Attorney l>~ Qllprove!!. Seconded
by Mayor Horg~n. Carried by the
following vote:
Ye~ - ltla.yor Horgan, Gouncil
men Kaan, Ludwig, pfohl, Tall;(tlJ
Nays-None.
~o, 1964
'1
eci~1 Session, 1\
est aqd find no Q<lillll~\>.I~ negli-
gel!~e all tb~ part of t/le City of
DlIl>qqlle and therefore sai<l claim
should be denied.
Original claiDl is hereto attached.
Respectfully suhmitted,
R. N. R1JS$O, .
City Attorney
Councilman Takas moved that
tj)~ re~ommendaliol\ of tile Qity At-
torney be approved. Seconded by
Maror Horgan. Carried bY the fal-
lowiI\g vote:
Yeas - Mayor Horgan, Council
men Kean, Ludwig, Pfohl. Takas
Nays-None. .
S
1964
geme on the part of the City of
Dubuque and therefore said claim
should he denied.
Original claim is hereto attaclled.
Respectfully SlIbmitted,
R. N. RUSSO,
City Attorney
Councilman Takas moved that the
recommendation of the City At-
torney be approved. Seconded by
Mayor Horgan. Carried by the fol-
lowing vote:
Yeas - Mayor Horgan, Counell.
men Kean, Ludwig, Pfohl. Takos.
Nays-None.
20,
Session, April
104
lIds$ion f-or their
cation.
Very truly yours,
Gilbert D. Chavenelle
City Manager
Mayor Horgan moved that the
recommendation of the City Man-
ager be approved and referred for
proper proceedings. Seconded by
Councilman Kean. Carried by the
following vote:
Yeas - Mayor Horgan, Council-
men Keall., Lndwig. Pfohl, Takas.
Nays-NOlle.
va-
for
Special
approval
April 6, lij64
Mayor and City Couneil
Re: William J. BlII'l<e
1964
6,
April
and
6, 1964
April
Honorable Mayor and
City Council
1964
April 6,
Honorable Mayor and
City.Council
Re
Honorable
Gentlemen:
Oil .j' u I Y 6, 1962, William J.
Burk, of 5110 Maplewood Col\fi,
Dubuque, Iowa, filed c1aiJ1l AgAinst
tp.~ City 9f Dubuque, Iowa, el~im.
il!g dam~ges allegedly resnltil!g
from sewer ~acking up into his
basement as of June 30, 1962, ~
the amount of $41.40.
I h~ve ma4e aD inves~g8tio~
of this matter and have conferred
with" the --pertinent. agency in in-
terest and find no actionable Beg.
Iigence on the part of the City of
Dutl,!que aD(:~. therefore sait! elal~
should he denied.
Original claim. is her e t 0 at-
tached.
Respectfully submitted,
R. N. RUSSO,
City Attorney
Councilq>.l!D TAkas mQve!! t/jat
the re~emmendatipn of the City
Altorney be approved. SpcPl!ded
by Mayor Horgan. Carried l>Y t!>e
following vote:
Yeas - Mayor Horgan, Council-
men }i:ean, Lu<lwig, Pfo!>l, 'fJl!:os.
N.yjh,~.qe_
Fred W. Schnlze
G~ntlemen:
On March 29. 1963, Fred W.
Schulze Qf 2722 Burden Avenue,
Dq.btJque, Iowa, filed claim against
the City of Dubuque, Iowa, claim-
ing damages allegedly r~sultjng
from sewer backing up into his
basemell\ as of Marc!> 23, 1963,
in the amount of $150.00.
I have made flD investigation of
this matter and have conferred
with the pertinent agency in-' int-
erest and find DO actionable negli-
gence on the part oi the City of
Dubuque anel therefore said clflim
should be denied.
Original claim is hereto attached.
Respect{\lIlY . submitted,
R. N. RUSSO,
City Attorney
Councilman Takos moved that
the reeommendation of the City
Attorney be approved. Seconded by
Mayor Horgan. Carried by the fol-
lowing vote:
Yeas-Mayor Horgan, Council.
men Kean, Ludwig, Pfohl, Takas
Nays-NOne.
Honorable Mayor
City ConpcU
Re:
Louis F. Kessler
Gent~en:
On Jannary 14, 1964, Louis F.
Kessler of 210 James St., Dubuque,
Iowa filed claim against the City
.of Dubuque, Iowa, claiming dam-
ages allegedly resulting from sewer
backin.g up in his basement as of
January 10, 1964, in the amount of
$162.00.
I have made an investigation of
this matter and have conferred
with the pertinent agency in inter-
est and find no actionahle negli-
gence on the part of the City of
Dubuque and therefore said claim
should be denied.
Original clalm is hereto attached.
Respectfully submitted,
R. N. RUSSO,
City Attorney
Councilman Takas moved that
the recommendation of the City
Attorney be approved. Seconded by
Mayor Horgan. Carried by the fol-
lowing vote:
Yeas - Mayor Horgan, Council.
men Kean, Ludwig, Pfohl. Takas.
Nays-None.
Re:
Schuster
Gentlemen:
On JUly 9, 196% and on March
18, ~'9Il3, Clarence Schuster of 2195
Lincoln Avenue, Dubuque, Iowa,
filed claim against the City of
Dubuque in the amount of $100.00
and $83.28 respectively, Claiming
damage allegedly resUlting from
sewer backing up into his base-
ment.
I have made an invesitgation of
this matt<lr and have conferred
with the pertinent agency in inter-
est and find no actionable negli-
gence on the part of the City of
Dubuque and therefore said claim
should he denied.
Original claim is her-eto attached.
Respectfully submitted,
R. N. RUSSO,
City Attorney
Councilman Takas moved that
the reeommendation of the City
Attorney be approved. Seconded by
Mayor Horgan. Carried by the fol.
lowing vote:
Yeas - Mayor Horgan, COll.ncil-
men Kean, Lndwig, pfohl, Takas.
Nays-None.
Clarenee
I
April 17, 1964
Honorable Mayor and City Couneil
GentlemeR:
On .j'annary V!1, 1964, H",el A.
i;el!wA* tiled ~l.i.m ag.in~t tile
City for damages resl!ltiI!g ffOm
perso~al injuries suffered on the
loth day of January, 1964 at the
noriheaSt .orner of loth " LocuSt
StFeets, Dubuque, Iowa, by re8SOll
of aecumulatieD af snaw and iee
in the crossWalk ther-eat.
I have made an investigation
of this matter and tho claimant
has offered to make settlement in
the amount of $75.09, an!! it is
April 6, 1964
Honorable Mayor and City Council
Re: Julius llejn.ricy
1964
6.
April
Honorable Mayor and
City Council
1964
April 6,
and
Hoorable Mayor
City Council
Gentlemen:
On l4arcl! 2\1, 1963, J\llius lJein-
ricy of 2714 llurden Ave., Dubu-
que, Iowa, fil~d ~laim against the
City of Dubuque, Iowa, claiming
damages allegedly resulting from
sewer backing up into his }lase-
ment as of March 29, 1963, ill th~
amount of $135.00.
I have made an investigation of
t!>is matter and bave conferred
with th~ pertinent ageney ill in-
terest and find no action~1)I~ neg-
Re: Melvin J.
Gentlemen:
On March 29, 1963, Melvin J.
Tigges of 2215 Willdsor Ave., Dn-
buque, Iowa, filed claim against
the City of Dubuque, Iowa, claim-
ing damages allegedly resulting
from sewer blockage causing sewer
to back up into basement as of
March 23, 1963, in the amount of
$90.00.
I have made an investigation of
this matter and have conferred
with the pertinent agency in inter-
Tigges
Robert Steuer
Gentlemen:
Oil March 29, 1963, Robert Steu.
er of 2726 Burden Avenue, Du~
buque, Iowa filed claim against
the City of Dubuque, Iowa, claim-
ing damages allegedly resulting
from a clogged sewer backing up
into his basement as of March 23,
1963, in the amount of $125.00.
I have made an investigation of
this matter and have conferred
with the pertinent agency in inter.
est and find nQ actionable negli.
Re:
!
i
~i
,
!
i
,
I
I'
107
!t. 4-24
Councilman Takos moved the
adoption of the Ordinance. Sec-
onded by Mayor Horgan. Carried
by the fallowing vote:
Y cas - Mayor Horgan, Council
men Kean, Ludwig, Pfohl, Takas
Nays-None.
Councilman Takas moved that
the reading just had be considered
the first reading of the Ordinance.
Seconded by Mayor Horgan. Car-
ried by the following vote:
Y cas - Mayor Horgan, Council-
men Kean, Ludwig, Pfohl, Takas.
Nays-None.
Councilman Takas moved that
the rule requiring an Ordinance
to be read on three separate days
be waived. Seconded by Mayor
Horgan. Carried by the follOwing
vote:
Y cas - Mayor Horgan, Council.
men Kean, Ludwig, Pfohl, Takas,
Nays-None.
Councilman Takas moved that a
public hearing he held on the Or-
dinance on May 18, 1964, at 7:30
o'clock P. M. Central Standard
Time, and that the City Clerk
be instructed to publish notice of
the hearing in the manner re-
quired by law. Seconded by Mayor
Section 6. This Ordinance shall
be in full force and effect from
and after its final passage, adop-
tion and publication as by law
provided.
Introduced the 20th day of
April, 1964.
Pal;lsed, adopted and approved
the 20th day of April, 1964.
Robert J. Horgan
Mayor
Richard Ludwig
Peter J. Takos
Eldon A. Pfohl
James J. Kean
Councilmen
ORDINANCE NO. 11-64
An Ordinance Amending the
Zoning Map and Zoning Ordi-
nance known as Ordinance No.
3.34 of the City of Dubuque to
change Lot 37 of the Subdivision
of Mineral Lot 39 from its pres-
ent Two Family Residence Dis-
trict Classification to Local Bus-
iness District IIA" Classification,
(200 Block on Southern Avenue),
presented and read.
Leo F. Frommelt
City Clerk
Published officially in the Tele-
graph-Herald Newspaper this 24th
day of April, 1964.
Leo F. Frommelt
City Clerk
Special Session, April 20, 1964
Attest
ORDINANCE NO. 10.64
An 0 rd I n a nee Establishing
Terms . n d Conditions under
which property owner. in the
CitY of Dubuque may connect
house lateral sewer. to the West
32nd Street Senltary Sewer end
providing a penalty for violation
thereof,
presented and read.
Councilman Takos moved that
the reading just had be considered
the first reading of the Ordinance.
Seconded hy Mayor Horgan. Car-
ried by the following vote:
Yeas - Mayor Horgan, Council.
men Kean, Ludwig, Pfohl, Takas.
Nays-None.
Councilman Takas moved that
the rule he suspended requiring
an Ordinance to be read on three
separate days. Seconded by Mayor
Horgan. Carried by the followiug
vote:
Yeas - Mayor Horgan, Council
men Kean, Ludwig, Pfohl, Takos
Nays--None.
-'" ORDINANCE NO. 10-64
An Ordinance Establishing Terms
and Conditions under which prop-
erty owners in the City of Du-
buque may connect house lateral
sewers to the West 32nd Street
Sanitary Sewer and prOViding a
penalty for violation hereof.
Be It Ordained by the City
Council of the City of Dubuque,
Iowa:
Section 1. That no person, firm
or Corporation shall connect any
house lateral sewer to the W t:st
SJ'nd Street Sa.nitary Sewer as the
same appears on the plans there-
of prepared by the City Engineer
and approved by the City Council
May 6, 1963 without first com-
plying with the provision of the
Ordinance.
Section 2. That a house lateral
sewer serving any real estate lo-
cated within the City of Dubuque
may be connected to the said
West 32nd Street Sanitary Sewer
upon application to the City
Manager for permission to do so
and payment to the City Treas-
urer of a fee of $3.20 per foot for
each foot in width of the area to
be served as used herein shall
mean its mean width measured
~ t right angles to its mean depth.
Section 3. That the prOVisions
of thi~ Ordinance shall not apply
to real estate owned by the City
of Dubuque or to main sewers
constructed by the City of Du-
buque or Its permittees.
Section 4. That all sums re-
ceived as payTDent of the connec-
tion charges established heretn
shall be paId into the Sanitation-
Sewage Rentai Fund.
Section 5. Any person who vio_
lates any of the provIsions hereof
shall upon convIction be punished
by a fine not to exceed One
Hundred Dollars ($100) or im.
prisonment not to exceed thirty
(30) days.
Special Session, April 20, 1964
ORDI NANCE NO. 9-84
An Ordinance describing a cer~
tain parcel of real estate and es-
tablishing and naming a public
street thereon
NOW, THEREFORE, BE IT
ORDAINED BY THE CITY COUN-
elL OF THE CITY OF DU_
BuQuE' IOWA:
Section 1. That the follOWing
described real estate, situated in
the unplatted slough or abandoned
riverbed in Sectlon 19 Township 89
N orih Range 3 East of the 5th
P.M. in the City of Dubuque, Iowa,
and being the following property:
Place of beginning at a point on
the intersection of the westerly
property line of Cedar Street and
the northerly property Une of East
Twelfth Street Extension, thence
north 67 degrees, 30 minutes East
a distance of 2115.96 feet along
the northerly property line of East
12th Street, thence south 22 degree,
30 minutes East a distance of 32
feet, then North 14 degree, 01 min.
utes West a distance of 1244.76
feet along the East line of levee,
thence South 69 degrees, 05 min-
utes West along the southerly
property line of East 16th Street
Extension a distance of 137.44
feet, thence South 14 degrees, 01
minutes East a distance of 1215.30
feet, thence South 67 degrees, 30
minutes West a distance of 1978.46
feet along the northerly property
line of 12th Street to point of be-
ginning.
ThIs area, 136 feet wide from
the north property line of East
12th Street Extension to the South
property line of East 16th Street
Extension he and the same is
hereby dedicated by the City of
Dubuque to the public and a
pUblic street established thereon,
to be known hereafter as Kerper
Boulevard.
Section 2. This Ordinance shall
be In full force and effect from
and after its final passage, adop-
tion and publication as by law
provided.
Introduced the 20th day of April,
1964.
Rule requtrlng reading on three
separate days suspended by unani-
mous vote the 20th day of Aprll,
1964.
Passed by recorded roll call vote,
adopted and approved this 20th
day of April, 1964.
ROBERT J. HORGAN
Mayor
RICHARD LUDWIG
PETER J. TAKOS
ELDON A. PFOHL
JAMES J. KEAN
Councllmen
Attest:
LEO F. FROMMELT
City Clerk
Published officially in the Tele-
gra.ph-Herald newspaper this 24th
day of April, 1964.
LEO F. FROMMELT
City Clerk
It. 4-24.
Councilman Takos moved the
adoption of the Ordinance. Sec.
onded by Mayor Horgan. Carried
by the following vote:
Yeas - Mayor Horgan, Council.
men Kean, Ludwig, Pfohl, Takos.
Nays--None.
Notice of claim of Mrs. Elaia
Kinney of Savanna, m. in the
amount of $25.93 for damage as
the result of a backed up sewer
on her property located at 597
W. 5th Street on March 31, 1964,
presented and read. Councilman
Kean moved that the notice of
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, Takos.
Nays-None.
ORDINANCE NO. 9-64
An Ordinance describing a c.....
taln percel of real estat. and
HI.bUshlng .nd naming e pub-
lic street thereon,
presented and read.
Councilman Takos moved that
the reading just had he considered
the first reading of the Ordinance.
Seconded by Mayor Horgan. Car-
rIed by the following vote:
Yeas - Mayor Horgan, Council-
men Kean, Ludwig, Pfohl, Takos.
Nays-None.
Councilman Takas moved that
the rules be suspended requiring
an Ordinance to he read on three
separate days. Seconded by Mayor
Horgan. Carried by the following
vote:
Yeas - Mayor Horgan, Council
men Kean, Ludwig, Pfohl, Takos.
NayS-None.
Mayor Horgan moved that the
recommendation of the City At-
torney he approved and the Au-
ditor instructed to issue proper
wafrant. Seconded by Councilman
Takos. Carried by the follOwing
vote:
Yeas - Mayor Horgan, Council-
men Kean, Ludwig, Pfohl, Takas.
Nays-None.
the recommendation of the City
Attorney that said offer be ac-
cepted, and the City Auditor be
Instructed to draw a warrant in
the amount of $75.00 made payable
to Hazel A. Sehwartz, upon receipt
of a duly executed release.
Original claim is attached here-
to.
Respectfully submitted,
R. N. RUSSO,
City Attorney
106
I
I,
I"
'Ii
~ Ii!
!I.'
1,1[:
li~
I'
ill'
,II'
II.
[J1;
!n
109
to the Planning &: Zoning Commis-
sion. Seconded by Councilman Ta-
kas. Carried by the fOllowing vote:
Yeas - Mayor Horgan, Council.
men Kean, Ludwig, Pfohl, Takos.
Nays-None.
1964
To the Honorable
and City Council
Gentlemen:
Please be advised that the Plan-
ning and Zoning Commission was
cognizant of the fact that the own.
er of the property to the north of
the proposed HWest Flora" sub-
division would he denied access to
a public street following approval
of the subject plat.
The owner of the property to
the north sold the land included in
subject plat with full knowledge
of the consequences of their action.
I have requested the Owner of
the land-locked property to address
a communication to the Council
advtsing you of this fact.
Respectfully yours,
Clyde E. Cook
City Planner
Mayor Horgan moved that the
communication be received and
filed. Seconded by Councilman Ta-
kas. Carried by the following vote:
Yeas - Mayor Horgan, Council-
men Kean, Ludwig, pfohl, Takas.
Nays-None.
1964
Mr. Leo Frommelt
City Hall
Dear Leo:
We would like to clarify the sit.
uation regarding our transmitter
site in Flora Park.
Our company does Dot have any
intention of developing the land
now or in the future.
The proposal snbmitted by Mr.
Palm is entirely acceptable to us.
Sincerely,
Philip T. Kelly
General Manager
Mayor Horgan moved that the
communication be received. and
filed. Seconded by Councilman Ta-
kas. Carried by the following vote:
Yeas - Mayor Horgan, Council-
men Kean, Ludwig, Pfohl, Takas.
Nays-None.
Mr. Cletus Palm addressed the
Council by stating that Mr. Kelly,
General Manager of radio station
WDBQ, told him that it makes no
difference to him one way or an.
other, as to the development of
10,
10,
April
Mayor
Apri
Special Session, April 20, 1964
21, Township 89 North, Rauge 2
East of the 5th P.M. in the Coun-
ty of Dubuque, Iowa. This lot
is now and hereafter will be
used as Local Business B as stat-
ed in Zoning Ordinance of City
of Dubuque, Iowa, adopted Jan-
uary 29, 1934 as amended to May,
1961.
Lot 1 of East 291.8' of Lot 2
of Lot 2 of the Southeast Quar-
ter of the Southeast Quarter of
Section 21, Township 89 North,
Range 2 East of the 5th P.M.,
in the County of Dubuque, Iowa.
This lot is now and hereaft'er
will be used as Local Business B
as stated in Zoning Ordinance
of City of Dubuque, Iowa, adopt-
ed January 29, 1934 as amended
to May, 1961.
All of the above according to
recording plats thereof.
Attached hereto an dmade a part
hereof by this reference, marked
Exhibit"A" is a plat showing the
above described real estate in re-
lation to the eXisting limits of the
City of Dubuque, Iowa.
Joseph F. Link
John W. Link
John A. Link
Councilman Takas moved that
the petition be referred to the
Planning & Zoning Commission.
Seconded by Mayor Horgan. Car-
ried by the following vote:
Yeas - Mayor Horgan, Council-
men Kean, Ludwig, Pfohl, Takos.
Nays-None.
-Petition of Frommelt Industries
Inc. requesting permission to lease
a tract of land to the south and
adjoiniug their property on Huff
Street approximately 63' x 220',
presented and read. Councilman
Kean moved that the petition be
referred to the City Manager. Sec-
onded by Councilman Pfohl. Car-
ried by the following vote:
Yeas - Mayor Horgan, Council-
men Kean, Ludwig, Pfohl, Takas.
. Nays-None.
Petition of Ralph H. Heller, Riv.
er states Oil Equipment, request-
ing a right of way, or possible
sale, of a piece of city owned prop-
erty located near the Fengler
Street overpass to service a pro-
posed purchase of property known
as Lot No. 1 and Lot UA" of Con-
cret~ Products Place No. I, pre.
sented and read. Conncilman Pfohl
mOVed that the petition he referred
20, 1964
ondecl by Councilman Kean. Car-
ried by the following vote:
Yeas - Mayor Horgan, CounCil-
men Kean, Ludwig, pfohl, Takos.
Nays-None.
Petition of Peoples N attiral Gas
requesting permission to cut a 4' x
6' hole in Garfield Avenue be.
tween Stanton & ROOsevelt, pre-
sented and read. CouncilIrtah Takos
moved that the petition be grant-
ed. Seconded by Mayor Horgan.
Carried by the following vote:
Yeas - Mayor Horgan, Couneil-
men Kean, Lndwig, Pfohl, Tako..
Nays-None.
Petition of Stanley Hahn of Plo-
ver, Wis., requesting a renewal of
a peddler's permit, lrithOUt fee,
which would entitle hiill to sell
potatoes in the City, presented and
read. Councilman Tako, moved
that the petition he granted. See-
onded by Councilman Pfohl. Car-
ried by the following vote:
Yeas ..0- Mayor Hotgan, Council-
men Kean, Ludwig. Pfohl, Takas.
Nays-None.
Petltion of Nationil1 Multiple
Sclerosis Soelety requesting per-
mission to conduct a house to
house drive for funds the week of
May 17th to 24th, presented and
read. Councilman Takos moved
that the petition be referred to the
Mayor and City Manager. Seconded
by Councilman Kean. Carried by
the following v..te:
Yeas - Mayor HorglD'l, COUncil-
men Kesn, Ludwig, Pfohl, Takos.
Nayg..........;.None.
APPLICATION FOR
ANNEXATION
To: The Honorable Mayor and
Memhers of the City Council of
the City of Dubuque, Iowa.
We, the undersigned, record ti.
tle owners of the fullowiug de-
scribed real estate, which is con-
tiguous to the City of Dubuque,
Iowa, do hereby request and peti.
tion that the following described
real estate be annexed to, and
made a part of the City of Du-
buque, Iowa, to -wit:
West 50' of the West 131l' of the
West 430' of Lut 2 of Lot 2 of
the SE\4 of the SElf. at Section
21, Township 89 north, Raille 2
East of the 5th P.M. in the COun.
ty of Dubuqne, Iowa, and
East 300' of West 43lY of LOt 2
of Lot 2 of Southeast Quarter of
the Southeast Quarter of Section
Special Session, April
Horgan. Carried by the following
vote:
Yeas - Mayor Horgan, Council-
men Keao, Ludwig, Pfohl, Takas.
Nays-None.
Petition of Leo Heiden request.
ing a refUnd of $125 on the un-
expired portion of Liquor License
No. C.2078, presented and read.
Councilman Takos moved that the
refund be granted and the Audi-
tor instructed to issue proper war-
rant. Sc<:onded by Councilman
Kean. Carried by the following
vote:
Yeas-Mayor Horgan, Couneil-
mell Kean, Ludwig, Pfohl, Takas.
Nays-None.
Petition of C. J. Cahill request-
ing a refund of $1.00 due to the
duplicate purchase of dog license
on the same dog. presented and
read. Councilman Takos moved
that the refund be granted and the
Auditor instructed to issue proper
warrant. Seconded by Councilman
Kean. Carried by the following
"ote:
Yeas - Mayor HOrgan, Council-
men KMn, Ludwig, Pfohl, Takas.
Nays-None.
Petition of Dubuque Blacktop
Co .by Maurice E. Humke request-
ing permission to connect to sewer
and water in Garnet street, pre-
sented and read. Mayor Horgan
moved that the petition be re-
ferred to the City Manager and En-
&iDeering Department. Seconded
by CouD<i1man Takas. Carried by
the following vote:
Yeas - Mayor Horgan, Council.
men Kean, Ludwig, Pfohl, Takos.
Nays-None.
Petition of Mary Agard Tent #35
D.U.V. requesting pel'mission to
hold a tag day on June 27th, 1964,
presented and read. Councilman
Takas moved that the petition be
referred to the City Manager. Sec-
onded by Councilman Pfohl. Car-
ried by the following vote:
Yeas - Mayor Horgan, Council.
men Kean, LUdwig, Pfohl, Takas.
Nays--None.
Petition of Lester M. Lynch of
1185 Solon Street requesting con"
sideution in the purchase of a
1IlO' alley loeated between Solon
slid Langworthy which is not pres-
ently in use, presented and read.
Councilman Takos moved that the
peution be referred to the Plan-
aiD<< &l ZoniBg Commission. See-
100
II
,
I
II
III
of
the absolute property of
Dubuque, Iowa.
Section 3. That the 16th day of
May, 1964 at 7:30 o'clock P oM. at
the City Council. Chamber, City
Hall, City of Dubuque, State of
Iowa, be fixed as the time and
place of hearing upon said propos-
al to dispose of interest in real
estate by City of Duhuque to Du.
buque Packing Company, and the
City Clerk is authorized and di-
rected to cause notice to be pub-
lished in the Telegraph-Herald, a
newspaper of general circulation,
printed and published in the City
of Dubuque, Iowa, as by law Is pro-
vided.
Passed, adopted and approved
this 20th day of April, 1964,
Robert J. Horgan
Mayor
Richard Ludwig
Peter J. Takos
Eldon A_ Pfohl
James J. Rean
Councilmen
A. City of Dubuque shall retain
ownership of the slopes and Board
of Dock Commissioners of City of
Dubuque shall have the right and
duty to assess and collect wharf. Attest:
age and rental fees for usage of Leo. F. Frommelt
said waterfront abutting the slopes CIty Clerk
retained in accordance with cur- Councilman Kean moved the
rent schedules, D.r as same ~ay be adoption of the resolution. Second-
amended and umformly applied; ed by Councilman Takas. Carried
B. City of Duhuque shall retain by the fallowing vote:
and reserve a strip forty-four (44') Yeas _ Mayor Horgan Council-
feet in width measured from top men Kean Ludwig Pfohl'Takos
of slope westwar~Iy located i~ the Nays-None.' . .
real estate heremaftcr desCribed,
together with easement in, over RESOLUTION NO. 75-64
and across said real estate as ac- Approving preliminary estimate
cess to said strip of forty-four and approval of plans speclfica-
feet, which real estate is described Hons, form of contraci, plat and
as follows: all other documents, for the con.
Lot One (1) of Block 8, River struction of a storm sewer In
Front Subdivision No. 3 in the Fourth Street from the existing
City of Dubuque, Iowa, storm sewer between Third Street
for the purpose to inspect, main- and Fourth S.treet then~e easterly
tain and repair the rip-rap on the acr~ss the 9hlcagO, Burhngton and
Slopes abutting said real estate QUIncy. RaIlroad ~ompany tracks
hereinabove described and for the to a pOlOt approXImately 125 feet
purpose to erect, construct, in- from the beginning, then~e north-
stall, repair and maintain flood erly to FO~h Stree~, thence east-
control installations or devices on erly to the IntersectIon of Fourth
said strip of 44 feet reserved and Street and Sixth Street, at an esti-
retained' mated cost of $20,600.00, presented
'. and read
C. Dubuque PackIug Company re- -
lease and discharge City of Du- Councilman Kean moved the
buque, Iowa from any and all adoption of the resolution. Second-
claims by said Dubuque Packing ed by Councilman Takos. Carried
Company to the $80,000.00 hereto- by the following vote:
fore granted City of Dubuque, Yeas - Mayor Horgan, Council-
Iowa, and aCknowledge and agree men Kean, Ludwig, Pfohl, Takas.
lhat said amount of $80,000.00 is Nays-None.
City
Special Session, April 20, 1964
dated December 5, 1963 and pre-
pared by Kenneth J. Cullen of the
firm of Cullen-Schiltz Associates be
and the same are hereby approved,
and the Mayor and City Clerk are
hereby authorized and directed to
execute the same, and City Clerk
is ordered to file same for record-
ing in the office of the Dubuque
County Recorder.
Section 2. That the disposal by
City of Dubuque to Dubuque Pack-
ing Company of interest in and to
following described real estate:
Lot 1 of Block 8, River Front
Subdivision No. 3 in the City of
Dubuque, Iowa, and
Lot 2 of River Front Subdivision
No. 4 in the City of Dubuque,
Iowa,
and the same is hereby approved
upon the following conditions, to
wit:
Special Session, April 20, 1964
tion and completion of the entire
flood protection plan then under
study by the City of Dubuque and
bonds issued and sold by City of
Dubuque. then all sums received
hy City of Dubuque from Dubuque
Packing Company would he
charged as a part of the cost of
such project and refunded to Du-
buque Packing Company, without
interest, from proceeds of sale of
such bonds; and
WHEREAS, by letter dated Au-
gust 30, 1963, City of Duhuque
Board of Dock Commissioners by
its secretary, Don Mueller, ap-
proved the request of Dubuque
Packing Company subject, how-
ever, to the following provisions:
1. City of Dubuque retain owner-
ship of the slopes and reserve the
right, for use and benefit of its
Board of Dock Commissioners, to
assess and collect wharfage and
rental fees in accordance with cur-
rent schedules;
2. City of Duhuque shall retain
and reserve a strip forty-four (44')
feet in width measured from top
of slope westwardly located in the
real estate hereinafter described,
together with easement in, over
and across said real estate as ac-
cess to said strip of forty-four feet,
which real estate is described as
follows: '
Lot One (1) of Block 8, River
Front Subdivision No. 3 in the
City of Dubuque, Iowa,
for the purpose to inspect, main-
tain and repair the rip.rip on the
slopes abutting said real estate
hereinabove described and for the
purpose to erect, construct,. install,
repair and maintain flood control
installations or devices . on said
strip of 44 feet reserved and re-
tained.
NOW THEREFORE BE IT RE-
SOLVED by the City Council of
Dubuque, Iowa:
Section I. That the plat of said
respective {larcels of real estate,
WHEREAS, City of Dubuque has
caused said respective parcels af
real estate to be platted, which
shall hereafter be known and de-
scribed as follows, to. wit:
Lot 1 of Block 8, River Front
Subdivision No. 3 in the City of
Dubuque, Iawa, and
Lot 2 of River Front Subdivision
No. 4 in the City of Dubuque,
Iowa.
74-64
WHEREAS, hy letter addressed
to the Dubuque Dock Board, Gil-
bert D. Chavenelle, Citt Manager
of the City of Dubuque and Coun-
cil of the City of Dubuque, dated
August 20, 1963, Dubuque Packing
Company expressed the feeling
that the property East and West of
Kerper Boulevard and extending
about one thousand feet north af
Sixteenth Street created by the
dredging for the purpose of erect-
ing a flood dike and for the devel-
opment of Lake Peosta should be
deeded to Dubuque PaCking Com-
pany and if such property were to
be deeded to said Company, the
amaunt of Eighty Thausand
($80,000.00) Dollars granted to City
of Dubuque by said Company upon
certain conditions would be waived
by Dubuque Packing Company; and
WHEREAS, it appearing as a
matter af record that the amaunt
of $80.000.00 was granted to City
of Dubuque, Iowa by the Dubuque
Packing Company upon certain
canditions as stated and accepted
in Resalutian No. 553.52 passed,
adopted and approved hy the City
Cauncil of Dubuque an August 4,
1952, one of whiCh conditians was
that in event the electors of City
of Dubuque autharized the issuance
and sale of bonds for the construe-
110
West Flora Subdivision. A resolu-
tion approving plat of Lots 1 to 7
inclusive in West Flora Sub. in the
City of Dubuque, Iowa, was pre-
sented and read. Mayor Horgan
moved that the resolution be re-
ferred to the City Manager so that
it might be resolved in the quick.
est possible time. Seconded by
councilman Pfohl. Carried by the
following vote:
Yeas - Mayor Horgan, Council-
men Kean, Ludwig, Pfohl, Tak05.
Nays-None.
Communication of Dubuque
Packing Company rescinding the
second paragraph of their letter of
October 11. 1963 wherein they re-
fer to. a written agreement with
the City of Dubuque, presented
and read. Councilman Kean moved
that the communication be re-
ceived and filed. Seconded by Ma-
yor Horgan. Carried by the follow.
ing vote:
Yeas - Mayor Horgan, Council-
men Kean, Ludwig, Pfohl, Takos.
Nays-None.
RESOLUTION NO.
I'
113
the
ColmCll-
1'aiwa,
There being no fhtther business
Mayor Horgan moved to adit/am.
Seconded hy Councilman Kean.
Carried by the following vote:
Yeas - Mayor Horgan,. Council-
rnen Item, Ludwig, pfohl, Mos.
N ays--N one.
Leo F. Frommelt
City Clerk
Approved ......................... 1964
Adopted ... .......................... 1964
.~._....................
....................
Councilmen ....................'
....................,
......;..............
Attest ....................,
City Clerk
20, 1964
Councilman Takas. Carried by
following vote;
Yeas ~ Mator Horg:m,
men Keail, LudWig, Pfohl,
Nays-None.
Special Session, April
for the construction of the im.
provement.
Passed, adopted and approved
this 20th day of April, 1964.
Robert J. Horgan
Mayor
Richard Ludwig
Peter J. Tabs
Eldon A. Pfohl
James J. Kean
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Takas moved the
adoption of the resolution. Second-
ed by Councilman Kean. Carried
by the followiug vote:
Yeas - Mayor Horgan,
men Kean, Ludwig, pfohl
Nays-NOlle.
RESOLUTION NO. 78-64
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 Ciga-
rettes within the City of Dubuque,
Iowa, be granted a permit to sell
Cigarettes and Cigarette Papers
....ithin sai!i City.
Jolm F. Glynn, 336 Main Street
BE IT FURTHER llESOLVED
that the bonds flied with the ap-
plication be apProved.
Passed, adopted and approved
this 20th day of April, 1964.
Robert J. Horgan
Mayor
Richard LUdwig
Peter J. Takas
Eldon A. Pfohl
James J. Kean
Councilmen
Council
Takos.
Aft..t:
Leo F. Frommelt
City Clerk
Mayo. Horgan moved the adop-
lion of the resolution. Seconded by
Councilman pfohl. Carried by the
following vote:
Yeas -'- Mayor Horgan. Council-
men Kean, Ludwig, Pfohl, Takas.
Nays-'-None.
Mayor Horgan moved that Louis
J. Lagen be re-appointed to the
Civil Service Commission for a six
year term to 3-31-1970 and Homer
Addyman aiId Richard Beaves be
recappointed to the Heating, Ven.
Wating. Air-Conditioning and Re-
frigeration Board for three year
terms to 3-16-1967. Seconded by
1964
Approved:
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 the ap-
proval of the resolution. Seconded
by Councilman Takas. Carried by
the following vote:
Yeas - Mayor Horgan, Council-
men Kean, Ludwig. pfohl, Takas.
Nays-None.
(Fixing Date of Hearing)
RESOLUTION NO. 77-64
WHEREAS, the City Council of
the City of Dubuque, Iowa has giv-
en its preliminary approval on the
proposed plans, specifications and
form of contract and placed same
on file in the office of the City
Clerk for public inspection for the
construction of a storm sewer in
Fourth Street from the existing
storm sewer between Third Street
and Fourth Street, thence easterly
across the Chicago, Burlington, and
Quincy Railroad Company tracks to
a point approximately 125 feet
from the beginning, thence north-
erly to Fourth Street, thence east-
erly to the intersection of Fourth
Street and Sixth Street.
BE IT THEREFORE RESOLVED
that on the 18th day of May, 1964.
a public hearing will he held at
7:30 P.M. in the Council Chamher
of the City of Dubuque at which
time the objectors for the pro-
posed improvement may appear
and make objection to the pro-
posed plans and specifications and
proposed form of contract, to the
cost of the improvement and the
City Clerk b. and he is hereby di-
rected to cause a notice of the time
and place of such hearing to be
published in some newspaper pub-
lished in the City of Dubuque
which shall be not less than ten
(10) days prior to the day fixed for
its consideration, that the City
Clerk be and he is hereby directed
to have published the Notice of
Pendency for said improvement,
and the City Clerk is herehy di-
rected to advertise for proposals
20,
Special Session, April
Said improvement shall be COD-
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
arid are now on file with the City
Clerk. That the cost and expense of
making said improvement will be
paid from the Kaufmann Avenue
Storm Sewer Fund.
The above resolution was intro-
duced, approved and ordered
placed on file with the City Clerk
this 20th day of April, 1964.
Approved and placed on file
final action.
for
112
(Necessity for Improvement
RESOLUTION NO. 76-64
WHEREAS, proposed plans,
specifieations. form of contract
have been duly prepared and ap-
proved by the City Council of the
City of Duhuque and are now on
fOe in the office of the City Clerk
showing among other things the
following:
1. The .treet to be improved.
2_ The plan of such improve-
ment.
3.
For the construction of a storm
sewer in Fourth Street from the
existing storm sewer between
Third Street and Fourth Street,
thence easterly across the Chica-
go, Burlington and Quincy Rail-
road Company tracks to a point ap-
proximatety 125 feet from the be-
ginning, thence northerly to Fourth
Street, thence easterly to the in-
tersection of Fourth Street and
Sixth Street.
BE IT THEREFORE RESOLVED
that the City Council on its own
motion or upon petition of prop-
erty owners, deems it advisable
ll!Id necessary for the public wel-
fare to make the herein mentioned
improvement, and unless property
owners at the time of the final con-
sideration of this proposed resolu-
tion have on file with the City
Clerk objections to the amount of
the cost of improvement, they shall
be deemed to have waived all ob-
jections thereto.
the
An estimate of the cost of
proposed improvement.
II
115
Attest:
Leo F. Frommelt
City Clerk
This is to certify that the se-
curity provided hy the foregoing
Resolution No. 79-64 has been
provided by the owner.
Dated at Duhuque, Iowa, this
26th day of June, 1964.
Gilbert D. ChaveneUe
City Manager
ACCEPTANCE OF RESOLUTION
NO. 79-64
We, Cletus Palm and Javetta
Palm, being familiar with the
terms and conditions of the fore.
going Resolution No. 79-64, here-
by accept the same and agree to
perform the conditions required of
US therein.
Dated this 27th day of
A.D. 1964.
Javetta Palm
Cletus Palm
Councilman Takas moved the
adoption of the resolution. Second.
ed by Councilman Kean. Carried by
the following vote:
Yeas - Mayor Horgan,
men Kean. Ludwig, Pfohl,
Nays-None.
Council-
Takas.
April 23, 1964
To the Honorable Mayor
and City Council
Gentlemen:
Many months ago the council in-
structed me to negotiate with
Frank J. Roshek, or his representa-
tives, for the purchase of a piece
of land located at the northwest
corner of Locust and Eighth
Streets and within the site of the
proposed municipal parking ramp.
The following events have oc-
curred:
1. The first conference in regard
to the purchase was held Octo-
ber 4, 1962, with representa-
tives of Mr. Roshek.
2. A second meeting occurred
about May, 1963.
3. In a telephone conversation
about November I, 1963, Ro-
sbek representatives indicated
that negotiating conferences
would be arranged.
4. A January 14, 1964 meeting to
arrange negotiating conferences
produced no results.
5. My telephone request on March
10, 1964, for a meeting to dis-
cuss the land purchase was
without result.
Apri
1964
Special Session, April 23,
water house laterals for each
lot from the mains to the prop-
erty line;
To construct sidewalks as re-
quired by City Ordinances;
To construct the foregoing im-
provements in accordance
with the plans and specifica-
tions approved by the City
Manager under the inspection
of the City Engineer and in
the manner approved by the
City Manager;
To maintain the street and
sidewalk: improvements for . a
period -'of four years from the
date of their acceptance by
the City of Dubuque and to
maintain the sanitary sewer
and water mains for a period
of four years from the date
of their acceptance by the
City of Dubuque;
To provide the foregoing con.
struction and maintenance, all
at the expense of the subdivid-
er, Cletus Palm and Javetta
Palm, husband and wife, as
ownersj
To construct all of said im-
provements except sidewalks,
prior to November I, 1965,
and construct the sidewalk im-
provements to November I,
1966;
and further provided that said
Cletus Palm and Javetta Palm, as
owners of said Subdivision, secure
the performance of the foregoing
conditions by providing security in
such form and with such sureties
as may be acceptable to the City
Manager.
Section 3. That in the event
Cletus Palm and Javetta Palm shall
fail to execute the acceptance and
provide the security provided for
in Section 2 hereof, within 45 days
from the date of this Resolution,
the provisions hereof shall be null
and void and the acceptance of
the dedication and the approval of
the plat shall not he effective.
Passed, adopted and approved hy
unanimous recorded roll call this
23rd day of April, A.D. 1964.
Robert J_ Horgan
Mayor
Richard Ludwig
Peter J. Takos
Eldon A. Pfohl
James J. Kean
Councilmen
(f)
(g)
(j)
(h)
J.~
Ij
i
1964
City of Dubuque, Iowa, by Cletus
Palm and Javetta Palm, husband
and wife; and
WHEREAS, upon said plat ap~
pear Palm Court and easements
which the owners by said plat have
dedicated to the public forever;
and
WHEREAS, said plat has re-
ceived final approval by the City
of DUbuque Planning and Zoning
Commission; and
WHEREAS, said plat has been
examined by the City Council, and
said Council finds that the same
conforms to the statutes and ordi.
nances relating thereto and that
the grades have not been estab-
lished, or the street graded, or thc
surfacing or sidewalks, or sewer
and water mains installed;
NOW, THEREFORE, BE IT RE-
SOLVED by the City Council of
the City of Dubuque, Iowa:
Section 1. That the dedication of
Palm Court as it appears on said
plat, together with easements for
public utilities shown thereon, be
and the same is hereby accepted.
Section 2. That the plat of the
Subdivision of Lots 1-7 inclusive
in "West Flora" Subdivision in the
City of Dubuque, Iowa, be and the
same is hereby approved, and the
Mayor and City Clerk are hereby
authorized and directed to endorse
the approval of the City of Du-
buque upon said plat, provided the
owners of said property hereinaf.
ter named, execute their written
acceptance hereto attached, agree.
ing:
(a) To reduce Palm Court to grade
as shown by the profile sub-
mitted with the plat;
(b) To surface Palm Court as the
same appears on said plat, in-
cluding CoI-De-Sac, with bi-
tuminous concrete paving and
with combination concrete
curb and gutter, Type A curb,
all in accordance with the City
of Dubuque Standard Specifi-
cations for bituminous con.
crete streets;
(c) To install water mains in ac-
cordance with the plans sub.
mitted with the plat;
(d) To install storm and sanitary
sewers in accordance with plan
submitted with the plat;
(e) To install sanitary sewer and
Session, April 23,
April 23,
To the Honorable Mayor
and City Council
Gentlemen:
At your meeting of April 20th
you referred to me the plat of Lot
1-7 of West Flora Subdivision with
instructions to hold a conference
with the individuala concerned in
the matter, and determine if there
could be a proper solution to the
problem which was posed at the
council meeting. ,
A meeting was held in my of-'
fice on Tuesday afternoon, April
21st.
As a result of this meeting, I
recommend approval of the plat.
Respectfully submitted,
Gilbert D. Chavenelle
City Manager
Councilman Takas moved that
the recommendation of the City
Manager be approved. Seconded by
Councilman Kean. Carried by the
following vote:
Yeas - Mayor Horgan, Council
men Kean, LUdwig, Pfohl, Takos.
Nays-None.
RESOLUTION NO. 79-64
Resolution epproving the plet of
Lots 1-7 Inclusive in "West
Flora" Subdivision in the City of
Dubuque, lowe.
-
WHEREAS, there has been filed
with the City Clerk a plat of the
Subdivision of Lots 1-7 inclusive
in "West Flora" Subdivision in the
114
OFFICIAL
Special Session, Aprll
Council met at 10:00
tral Standard Time.
Present - Mayor Horgan, Coun.
cilmen Kean, Ludwig,. pfohl, Takas.
Absent - City Manager Gilbert
D. Chavenelle.
Mayor Horgan read the call and
stated that service thereof had
~n duly made and this meeting
is -called for the purpose of con-
sidering approval of "West Flora
S,ubdivision" and reconsidering the
effective dates of Daylight Saving
Time and acting on any other busi.
ness as may properly come before
a regular meeting of the City
Council.
1964
CITY COUNCIL
1964.
Cen-
23,
A.M.
Special
117
r4!SOlved fD adopt daylight saving
time for the period from June 7,
1964 l<l September 6, 1964, and
Wbereaa, it is considered judge-
ment of the City Council of the City
of Dubuque, Iowa, that it would
create confusion and hardship upon
Dubuque area business to be on B
different standard of time than all
the cities surrounding the City of
Dubuque area for a substantial di$-
tance;
Attest
Leo F. Frommelt
City Clerk
I
Section 2. That the Mayor is
hereby authorized and directedfD
invite the Citizens of the City of
Dubuque, Iowa, and its enviorn, to
observe Daylight Saving Time dur-
ing the above specified period.
Section 2. That Resolution No.
14-64, passed, adopted and ap-
proved on the 10th day of Febru-
ary, 1964, of the City Council of
the City of Dubuque, Iowa, be and
the same is hereby repealed.
Passed, adopted and approved
this 23rd day of April, 1964.
Rohert J. Horgan
Mayor
Richard Ludwig
Peter J. Takas
James J. Kean
Councilmen
NOW, THEREFORE, BE IT RE.
SOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the official busi-
ness of the City of Dubuque, Iowa,
shan be conducted on Dayligllt
Saving Time of one hour per day
from the 26th day of April, 1964
to the 4th day of OCfDber, 1964, be.
ginning with the 26th day of April,
1964, at 2:00 o'clock 9.M. and end-
ing on the 4th day of October, 1964,
at 2:00 o'clock A.M.
Councilman Ludwig moved the
adoption of the resolution. Second-
ed by Councilman Takos. Carried
by the following vote:
Yeas-Mayor Horgan, Council
men Kean, Ludwig, Takos.
Nays-Councilman Pfahl.
There being no further business
Mayor Horgan moved to adjourn.
Seconded by Councilman Kean.
Carried by the following vote:
Yeas-Mayor Horgan, Council
1964
Special SesBion, April 23,
ous of Daylight time. The events
of the last four days indicate that
the City adopt Daylight Saving
Time.
Mrs. Ida McCabe spoke in objec-
tion to Daylight Saving Time and
cautioned the Council as to abiding
with their previous committment
on Daylight Time for June, July
and August as adopted by resolu-
tion earlier in the year.
Mr. Richard Fuerst of 2624 Jack-
son Street objected to the fast
time and asked the Council to abide
by their former decision to hold it
to the summer months because of
the increased danger to children
going to school and crossing heav-
ily traveled streets one hour
earlier.
A resolution adopted by the
Chamber of Commerce recommend-
ing that the City accelerate the
effective date for the adoption of
Daylight Saving Time so as to
cause the same to become effective
at 2:00 A.M. April 26, 1964 and to
continue through either September
28 or October 4, 1964, presented
and read.
Councilman LUdwig moved that
the City adopt Daylight Saving
Time for period of April 26, 1964
at 2 A.M. to OcfDber 4, 1964 at
2 A.M. Seconded by Councilman
Takas. Carried by the following
vote:
Yeas - Mayor Horgan, Council
men Kean, Ludwig, Takos.
Nays-Councilman Pfohl.
Councilman pfohl moved that the
ruling of the Attorney General
of the State of Iowa concerning
the opening and closing time be
observed by the taverns in Du-
buque until said ruling is altered.
Seconded by Mayor Horgan. Car-
ried by the following vote:
Yeas - Mayor Horgan, Council-
men Kean, Pfohl.
Nays - Councilmen g,
Takos.
RESOLUTION NO. 81-64
Whereas, the City Council of the
City of Dubuque has previously
Mayor Horgan moved that the
resolution be received and filed.
Seconded by Councilman Takos.
Carried by the following vote:
Yeas---Mayor Horgan, Council.
men Kean, Ludwig, Pfohl, Takos.
Nays--None.
Ludw
1!lll4
aMe ~ anAA!' at a' ~1ft1ill1lt satis.
focttlry' pl'lce tor t'IIe lllltellase of
said real estate.
NOW THEREFomI BEl IT m:.
SOL-VEl} 1l'Y tHE cl'l'Y COVNCIL
OF Cfi,Y OJ' DUBUQUE, IOWA:
SetcllOft 1. That it ill hel'l!by deter-
milled tllat tile lla1\lie eol!Venience
and ueeessity reqUlTo that the City
of Dutmqne, Iowa ~qlttre said
real estate for the construction
8Rd erection of a public garage in
and for the City of Dubuque, Iowa.
Seotlow 2. Tlmt tbe CItY S6Ilcilel',
R. N. lt1i$8o. be :md '" is' hereby
alltllorizM and diteeted to insti-
tut" CO"-Mtil>l\ prooeedltlgs un-
der and ill MoordaIlC'e wItll the
provisions of Cllap;et' 4'1Z of the
1~ Code of 10_ in tb1! naJbe of
tift! City of Dubuque' to' 'ieljuife fee
title te llie' above: de:llctibed real
estate for the' City of DUllIl'que and
<ieterm;oe !be damage- resultillg to
the owner- &1 said real. estate from
such acquisition.
Passed, adopted and approved
this 23rd day of April, A,Dc, 1964.
Robert J. Hol'gan
Mayor
Riellard. Llldwitl
Peter J. llako&
James J. Keall
Councilmen
melt,
Special Se~sion, April 23,
6. On March 27, 1964. I again re-
quested a meeting witllout re-
sult_
In view of the above, I mUllt re-
lJOl'i- to you tllat r have been unable
I" anive at a mutually SlitisfaefDl'y
price for pnrellaae of the property
from Mrc Frank J. Roshek.
RespeetfUHy sulnnitted,
Gilbert D. Chavenelle
City Manager
Mayo. Horgan Dl<Wed that tire
communicatiOfl be received and
filed. Seeonded by Councilman Ta-
kes. Carried by the following vote:
Yeas - Mayor Horgan, Council-
men Kean, Ludwig, Pfohl, Takos.
NaYi--N9Ile~
RESGWTION NO. 80.64
A resolution determining: the n..
ce&eity for acquiring certain teal
estate for the construc.ffon of a
public 1f8'-' in and for City of
Dubuque, Iowa, and directing the
City: Solicitor to iIKtitut_- eon-
dentf1ation proceedings.
WIlEllFEAS, tire City Council of
the City of Dubuque, Iowa has
_etofore determlmrd that public
COBflmelWe- and necessity require
the construction of a: pnblie garage
ill' 3CcurdaUC:e. with plans and speci.
fications Ireretofore adopted; anot
WHEREAS, it lli'PCats to tile
City Council of the City of Du.
buQ1l'8,. Iowa; that in- order to COD-
stl11ct said' public garage in and for
tile City of Duhuque, Iowa in all-
csrdance with said: plans and. speci~
fications. it is necessary for the
City of Dubuque, Iowa to acquire
the following deseribed real es'
tate:
City fAtS' 112S, 629; 630 and 631
in the City of Dubuque, Iowa,
and the, easterly tell (10} feet of
that portion of alley abutting
and lyiDll westerly of City Lots
628, 629, 630 and 631 in the City
of Dubuque, Iowa, according to'
the United states Commission-
er's Map. of the Sm-vey of the
TownY of Dubuque, Iowa; and
wHEREAS, the City Manager of
Dubuque" Iowa has reported. to' the
City Council of City of Dubuque,
Iowa- that he- has made. numerouS
attempts to negotiate for the pur.
chase of said real estate herein-
above deserihed with the reprl!Self-
tatives of the ownet ot said real
estate; saidJ owner of r~ord' being
Frank J. Roshek,. ano.',hdS, been' un.
uti
I
119
adopted, and the Mayor and City
Clerk be and they are hereby auth-
orized and directed to execute the
same for and on behalf of City of
Dubuque, Iowa.
Section 2. That William Clemens
Sr. of DUbuque, Iowa, be and he is
hereby elected Commissioner to
serve on the Board of Commission.
ers of said Authority for a term
of six (6) years commencing on the
date said Authority shall be deem-
ed to have come into existence.
S.c1ion 3. That Herman Lott of
Mosalem Twp., County of Du-
buque, Iowa, be and he is -hereby
elected Commissioner to serve on
the Board of Commissioners Of said
Authority by the joint action of the
Board of Supervisors of Duhuque
County, Iowa, and the City Council
of Dubuque, Iowa, and he shall
serve as such for a term of six (6)
years commencing on the date said
Authority shall be deemed to have
come into existence.
Secllon 4. That the County-City
of Dubuque Authority shall be
deemed to have come into existence
upon recording the Articles of In-
corporation of County-City of Du-
buque Authority in the office of
the County recorder of Dubuque
County, Iowa, upon filing thereof
in the office of the Secretary of the
State of Iowa, and upon publiCation
thereof once in the Telegraph-Her-
ald, a newspaper having a general
circulation in Dubuque County,
Iowa.
Section 5. That the City Sollcltor
is hereby authorized and directed
to make such necessary arrange.
ments for the recording of said
Articles of Incorporation in the of.
flee of the Dubuque County Record-
er, for the filing thereof in tbe
office of the Secretary of State of
Iowa, and for the publication of
said Articles of Incorporation as hy
law and hy said Articles of in-
corporation as by law and by said
Articles of Incorporation is re.
quired, and that the City of Du-
buque pay one-half the costs of any
and all necessary filing and record-
ing fees and costs of publication.
Seclion 6. That the City Clerk be
and he is hereby authorized and
directed to file a certified copy
of this Resolution in the office of
the Auditor in and for Dubuque
County, Iowa.
Special Session, April 27, 1964
CITY COUNCIL
OFFICIAL
Special Session, April 27, 1964.
Council met at 7:30 P.M. Day-
light Saving Time.
Present-Mayor Horgan, Council-
men Kean, Ludwig, pfohl, Takos.
City Manager Gilbert D. Chaven-
elle.
Mayor Horgan read the call and
stated that service thereof had
been duly made and this meeting
is called for the purpose of Adop-
ting a Resolution of Articles of
Incorporation creating a County.
City of Dubuque Authority; Auth.
orizing Execution thereof and ap-
pointing members to the Board of
Commissioners to govern said
authority and acting on any other
business which may properly
come before a re~ar meetUig of
the City Council.
- RESOLUTION NO. 82-64
Resolution adopting articles of
incorporation creating county-
city of Dubuque authority;
authorizing execution thereof
and appointing members to
board of commissioners to gov.
em said authority.
WHEREAS, on the 2nd day of
March, 1964, the City Council of
Dubuque, Iowa, passed, adopted
and approved RESOLUTION NO.
27-64, therein directing the prepara-
tion of initial proceedings for the
creation of an AUTHORITY pur-
suant to and in accordance with the
provisions of Chapter 239 of the
Laws of the 60th General Assembly
of Iowa; and
WHEREAS, ARTICLES OF IN-
CORPORATION OF COUNTY-CITY
OF DUBUQUE AUTHORITY have
been prepared and have been sub-
mitted for adoption and execution
thereof by the City of Dubuque,
Iowa.
NOW THEREFORE BE IT RE-
SOLVED BY THE CITY COUNCIL
OF DUBUQUE, IOWA:
Section I. That the ARTICLES
OF INCORPORATION OF COUN-
TY-CITY OF DUBUQUE AUTHOR.
ITY, a copy thereof marked Exhibit
uA" hereto attached and by refer-
ence made a part hereof as though
fully set out herein, be and the
same are hereby approved and
118 Special Session, April 23, 1964
- men Kean, Ludwig, pfohl, Takos.
Nays--None.
Leo F. Frommelt
City Clerk.
Approved ..................... 964.
Adopted ......................... 964.
[..............
Councilmen ..............
..............
..............
Attest: ,....................
City Clerk
~i
I
121
bers of the Board Of SuPerVisors of
Dubuque County, Iowa, and by' a
majority Of the menibers of the
City' C<l1lDcil Of the City Of Du-
buqti~. Iowa;
Z. To acqUire the fee sirirple title
to the teal properly for s~id me Or
sites located within the territorial
liniits of the City of DUbuque, lows,
by purchase, giftr devise" or by the
exercise of the power of eminent
domain, and title thereto shall be
taken in the name of COUNTY-
CITY OF DUBUQUE AUTHORITY;
3. Td demolish, repair, alter t:ir
iIilprove _ any building or buildirifs
in the aTea' so designated witmnflie
territ6rili'l limits of tire City <if
Dubuque, Iowa and to const~f a
new building or buildings arid 6ther
facilities in the designated area
within the territorial limits of tbe
City Of DUbuque, Iowa, and tQ MR-
isb and equip, maintain and operate
said building or buildings and other
facilities so _ a~ to effectuate: the
~urposes of Chapter 239 of the
Laws of the 60th General Assem-
bly at Iowa;
4. To construct, repair and install
s~reets, sidewalks, sewers., watl~-r
pipes and other similar facilities
and _ otherwise __ improve the site
designated within the territorial
limits of the City of Dubuque,
IoW'a;
5. To make provisions for off-
street parking facilities lor said
designated area;
6. To operate, maintain, numage
and to make and enter into' eon-
tracts fop the operation, mainten-
ance _ and- management of such
building- or buildings and other
facilities and to provide rules - and
regulations for the operation. main-
tenailce and' management thereof;
7. To employ technical, profS.
swnal aM clerical assistance' 8k
may be necessary ana eXPedi'entt
to' accQmplisl\' the objects aliI! pUr-
poses set forth herein ami' tHe
Board of Commissioners shan - pre-
scribe the duties ....d fix the com-
pensation for such personn~l;
8. To lease all or any pam of
SUch building or bUildings or othl!~
facilities to DUbw:jue County, IOwa
and City of DubuqUe, IoWa tot a
period of time not to exceed' miy
(50) years upon such rental terms
as'may. he agroed upon between~ the
COUNTY-CITY OF DUl'tUQUE
Sess;on,Aipril:i7, .1964
serve far the remainder of the un-
dPiied ferm of such member suc-
ee~; whenever a vacan~ exists
IGr any' reason- whatsoever in the
post of commissioner appOinted by
the City Council of Dubuque, Iowa,
such vacancy shall be filled by
appointment by said governmental
unit. of a successor to serve for the
remainder of the unexpired term
of such: member succeeded and
whenever vacancy exists for any
reason whatsoever in the post of
commissioner appointed by both
governmerital units or by the Gov-
ernor, such vacancy shall be filled
by appointment agre'ed upon by
both governmental units or if they
are unable to agree upon a choice
then sueh appointment shall be
mad:e by the Governor of a succes-
sor to serve for'- the remainder of
tbe" unexPired term of such mem-
bet succeeded.
At the expiration of the six-year
terms of office of the Board of
Commissioners; election thereto
shall be made in the same manner
as is set forth in the second para-
gta'ph hereof, and such election
shall be made at least thirty (30)
days prior to the expiration Of said
six-year terms.
ARTICLE V
POWERS
The AuthOrity herein created
shall be a body corporate with
power to sue and be sued in any
court of this State", have a seal
and alter the same at its pleasure,
make and execute contracts, leases,
deeds and other instruments neces-
sarY o"r' convenient to the" exercise
of its powers. IIi addition it shall
have and exereise the folloWiitg
public and essential governmental
p6W~rs' and fU'netions and all other
Powers incidental or necessary to
carry OUt and- effectuate such ex-
press powers:
1. To select, locate and designate
an area lying wholly within the ter.
ritorial limits of the City of Du-
buque,. Iowa. as the site or sites to
be acquired for the construction,
alteY-ation, enlargement or improve-
merlt of a building OF bUildings for
tIle. purposes set forth in Chapter
239 of the Laws of the 60th Gen-
etkl Assembly of Iowa. The site or
sites selected by the Board of Com-
missioners shall be subject to ap-
proval by a majority of the mem-
SI'<!cia1
27,
Passed &<!opted and approved a public building or huildini& aud
thio 27th' day of April 1964. the necessary site or sites therefor,
R<>bert i. H<>rgan for the joint ..... of SIlch COUll~ Of
Mayor Dubuque and City of Dubuque.
Richard Ludwig ARTICLE IV
PeterJ. Takoe ELECTION OF COMMISSIONI!RS
Eldim A. Pfohl The Authority created by these
James J. Kean; Articles of Incorporation shall be
CounCllmen IlOwrned by a Board Of Commis-
Attest: sioners of three (3) members who
L~ F, ~mmelt, shall serve and hold such office for
't7 SlX.year terms.
Ms:v<>r Horgan moved the adop- One commissioner shall be
lion of the resolution. Seconded elected by the Board of Supervisors
by Councilman Kean. Carried by of Duhuque County, Iowa, one com.
the following vote: missioner shall be elected hy the
Yeas-Mayor Horgan, Council- City Council of Dubuque, Iowa, and
men Kean, LudwIg, Pfohl, Takos. one shall be elected by the juint
N."s--None. action of the Board of Supervisors
ARTICLES OF INCORPORATION of Dubuque County, Iowa and the
OF City Council of Dubuque, Iowa, and
COUNTy.cITY OF DUBUQUE In the event said governing bodies
AUTHORITY are unable to agree upon a choic..
The undersigned persons acting for the third commissioner within
for and on behaU of Dubuque sixty (60) days of the election of
County, a Body Corporate of Iowa, the first member, then in su~h
and acting for and on behalf of event the third commissi.oner shall
City of Dubuque, a Municipal Corp- be appomted by the Governor of
oration of Iowa, whieh is the Coun- the State of Iowa.
ty seat of Dubuque County. Iowa, The Board of CommissiODers
respectively acting as incorporators shall designate one of tbel1' _
of a corporate A UTHORlTY organ- ber as chainnan, one as secretary,
ized UlIOOr and by virtue of Chap- and one as treasurer, and shall
ter 239 of the Laws of the 60th adopt by-laws aDd rules of pro-
General Assembly of Iowa, do here- cedure and provide therein for reg-
l>T adopt the following Articles of ular meetings and for the proper
!nc:ol'pQration' for such AUTHOR- safekeeping of its records and for
Jrt: the proper accounting of its funds.
ARTICLE I The chairman shall preside at all
NAME of the meetings of the Board of
The name of said corporation is: Commissioners; the se~retary shall
keep a record of the mmutes of the
COUNTy.cITY OF OUBUQUE proceedings of the meetings of said
AUTHORITY Board of Commissioners and shall
ARTICLE II have custody of all books, records
INCORPORATING UNITS and papers of said Authority, ex-
The units incorporating COUN- eepting only such as shall be in
TY-CITY OF DUBUQUE AUTHOR- the charge of the Treasurer and
ITY are as follows to wit. the Treasurer shall keep accounts
DUBUQUE COUNTY, ~ Body of all mone~ of said Authority, re-
Corporate of .Iowa celved or dIsbursed and shall de-
and posit all moneys in the name and
CITY OF DUBUQUE, a Municipal to the credit of said. Au~horlty in
.corporation of Iowa such bank and depoSitories as the
ARTICLE III Board of Commissioners shall deoig-
nate.
PURPOSES Whenever a vacancy exists for
The County-City of Dubuque any reason whatsoever in the poot
Authority is created and shall exist Of colDIDissioners appointed hy the
for the purpose of acquiring, con- Board of Supervisoro Of Dubuque
structin&, furnishing, equipping, County, Iowa ouch vacancy shall he
owning, improving, altering, en- filled by appointment of said g<lv-
larging, operating or maintaining ernmental unit of a successor to
1964
April
Session.
Special
120
123
William Clemens Sr. of Julien
Twp., Dubuque County, Iowa
BOARD OF SUPERVISORS OF
DUBUQUE COUNTY and
CITY COUNCIL OF DUBUQUE,
DUBUQUE COUNTY, IOWA:
Herman Lott of Mosalem Twp.,
Dubuque County, Iowa
ARTICLES XIII
RETIREMENT OF BONDS
Upon retirement of all bonds
issued and sold pursuant to Chapter
239 of the Laws of the 60th Gen-
eral Assembly of Iowa and these
Articles of Incorporation, then the
County-City of Dubuque Authority
may convey the title to the prop-
erty owned by the Authority to
Dubuque County, Iowa, and the
City of Dubuque, Iowa, in accord-
ance with these Articles of Incorp-
oration or any amendments thereto
or in accordance with any agree-
ment adopted by the Board of
Supervisors of Dubuque County.
Iowa, City Council of Dubuque,
Iowa, and the Authority.
ARTICLE XIV
AMENDMENTS
These Articles of Incorporation
may be amended from time to time
by adoption of such amendments
by the Board of Supervisors of Du-
buque County and City Council of
Dubuque, Iowa: Provided that no
such amendment shall impair the
obligation of any bond or other
contract. Any amendment to these
Articles of Incorporation shall be
adopted, executed, recorded and
published in the same manner as
required for these Articles of In.
corporation.
Session, April 27, 1964
OUTIES
It shall he the duty of the Board
of Commissioners to establish and
fix rates, rentals, fees and charges
for the use of any and all huild-
iugs or space therein or other facil-
ities owned and operated by Coun.
ty-City of Dubuque Authority, suf-
ficient at all times to pay mainten.
ance and operation costs and to
pay the accruing interest and rev.
enue bonds at maturity and to
make all payments to all accounts
created by any bond resolution
and to comply with all covenants
of any bond resolution adopted by
the Board of Commissioners of said
Authority.
ARTICLE X
EXECUTION OF INSTRUMENTS
All leases, contracts, deeds of
conveyance, bonds or any other in.
struments in writing on behalf of
County-City of Dubuque Authority
shall be executed in the name of
said Authority by the Chairman
and Secretary of said Authority, or
by such other officers as the Board
of Commissioners, by resolution,
may direct, and the seal of said
Authority shall be affixed thereto.
ARTICLE XV
EXEMPTION FROM OEBTS
The private property of the indi-
vidual members constituting the
Board of Commissioners shall be
exempt from debts of the corpora.
tion.
IN WITNESS WHEREOF, the
Chairman of the Board of Super-
visors of Dubuque County, Iowa
has executed these Articles of In-
corporation this 23rd day of April,
A.D., 1964.
DUBUQUE COUNTY, a Body
Corporate of Iowa
By: Joseph F. BahI. Chairman
Board of Supervisors
Dubuque County, Iowa
ARTICLE XI
EFFECTIVE DATE
These Articles of Incorporation
shall be recorded in the office of
the County Recorder of Dubuque
County, Iowa, shall be filed with
the Secretary of State of the State
of Iowa, and shall be published
once in the Telegraph-Herald, a
newspaper having a general cireuIa.
tb>n in Dubuque County, Iowa, and
upon such recording and publica-
tion the County-City of Dubuque
Authority shall be deemed to have
come into existence.
ARTICLE XI
COMMISSIONERS
The following named persons
have been elected by the respective
governing bodies to compose the
first Board of Commissioners, to
wit:
BOARD OF SUPERVISORS OF
DUBUQUE COUNTY, IOWA:
Clem Welah of Table Mound
Twp., DUbuque County, Iowa
CITY COUNCIL OF DUBUQUE,
IOWA:
I
(Seal)
ARTICLE IX
OF COMMISSIONERS
AUTHORITY; and Dubuque Coun-
ty, Iowa and City of Dubuque,
Iowa, which rentals agreed upon
may be increased by agreement of
Dubuque County, Iowa, the City of
Dubuque, Iowa and the Authority
when necessary to provide funds to
meet obligations of such COUNTY-
CITY OF DUBUQUE AUTHORITY;
9. In the event there is space
at any time in such building or
buildings not needed for a public
purpose by the incorporating units,
the Authority may rent such space
to lessees either for a non.public
or public use, upon such terms and
under such written leases as the
Board of Commissoners may deter-
mine;
10. To procure insurance of any
and all kinds in connection with
said building or buildings to the
same extent as might be done by
any owner or lessor of property;
11. To accept donations, contribu-
tions, capital grants or gifts from
any individuals, associations mu-
nicipal and. private corporations
and the United States, or any agen-
cy or instrumentality thereof for
or in aid of any of the purposes
herein specified and to enter into
&81"eements in connection there-
with;
12. To borrow money from time
to time and, pursuant thereto, to
issue and sell revenue bonds in
such amount or amounts, and with
such maturity dates not in excess
of fifty (50) years from date of
issue, as the Board of Commission.
ers may determine to provide funds
for the purpose of acquiring, con.
structing, demolishing, improving,
enlarging, equipping, furnishing,
repairing, maintaining and operat-
ing building or buildings and other
faclItes, and to acquire and pre-
pare sites necessary and conven~
ient therefor, and to pay all costs
and expenses thereto, including,
but in no way limiting the general-
Ity of the foregoing, architectural,
engineering, legal and financing
expense; and to refund and refin-
ance, from time to time, revenue
bonds so issued and sold, as often
as may be deemed to be advantage-
ous by the Board of Commissioners.
Bonds issued by the Authority and
interest thereon shall be payable
solely from the revenues derived
from the operation, management or
Special
Session, April 27, 1964
use of the buildings and facilities
acquired by the Authority and shall
not constitute an indebtedness of
the Authority or a claim against its
property.
13. In general, to exercise all
powers which now or hereafter may
be conferred by law upon an
authority organized under the pro-
visions of Chapter 239 of the
Laws of the 60th General Assembly
of the State of Iowa, or necessary,
incidental, convenient or conducive
to the attainment of the purposes
of such authorities, subject to such
limitations as are or may be pre-
scribed by law.
ARTICLE VI
COMPENSATION
No commissioner shall receive
any compensation in connection
with his services as such commis-
sioner. Each commissioner, how-
ever, shall be entitled to reimburse-
ment for any necessary expendi-
tures in connection with the per.
formance of his duties. Claims for
reimbursement for any necessary
expenditures by any commissioner
shall be made upon forms adopted
and approved by the Board of Com-
missioners.
ARTICLE VI
MEETINGS
The Board of Commissioners
shall hold regular meetings, and
such special meetings as they shall
deem necessary, from time to time,
as provided by the by-laws.
ARTICLE VI
ACCOUNTING & REPORTS
The Board of Commissioners
shall keep and maintain accurate
and correct books of accounting in
accordance with standard account-
ing practices and requirements as
apply to municipal financial affairs.
Board of Commissioners shall cause
to be prepared a written statement
of accounting of receipts and dis-
bursements by said commission,
one copy of which shall be kept on
file at the offices of said commig..
sion for public inspection, and an
exact copy thereof shall be filed
in the office of the County Auditor
of Dubuque, Iowa, and an exact
copy thereof shall he flied in the
office of the City Clerk of Dubuque,
Iowa, and which report shall be
prepared and filed annually.
Special
122
II
125
the proposed action for the issu.
ance of said bonds, setting forth
the amount and purpose thereof,
the time when and the place where
said meeting will be held, by pub-
lication at least not. less than
fifteen (15) days before said meet-
ing in the "Telegraph-Herald," a
newspaper published and of gen-
eral circulation within said City.
Said notice shall be in substantially
the following form:
NOTICE OF MEETING FOR
ISSUANCE OF PARKING
FACILITIES REVENUE BONDS
The City Council of the City of
Dubuque, Iowa, will meet on the
18th day of May, 1964, at the Coun-
cil Chambers in the City Hall, Du-
buque, Iowa, at 7:30 o'clock P.M.,
Central Standard Time, at which
time and place proceedings will
be instituted and action taken for
the issuance of Parking Facilities
Revenue Bonds of said City in the
principal amount of $1,250,000,
bearing interest at a rate or rates
not exceeding five per cent (5%)
per annum, for the purpose of pay-
ing the cost, to that amount, of
adding to, extending and improv-
ing the system of public motor
vehicle parking facilities of said
City by acquiring all of the real
estate, not now owned by the City
in the hlock bounded by Locust,
Bluff, Eighth and Ninth Streets in
said City and constructing in said
block a multi-level, reinforced con-
crete motor vehicle parking struc.
ture having a floor area of ap-
proximately 160,000 square feet.
These bonds, when issued, will not
constitute general obligations of
said City nor will they be payable
in any manner by taxation, but said
bonds, together with any additional
bonds as may be hereafter issued
and outstanding from time to time
ranking on a parity therewith, will
be payable solely and ouly from
the future net revenues derived
from the operation of the system
of public motor vehicle parking
facilities of said City, consisting of
the net revenues of its off.street
parking facilities and the net
revenues of its on-street parking
meters.
At any time before the date of
said meeting a petition or petitions
setting forth objections thereto
may be filed in the office of the
City Clerk as permitted by law.
Special Session, April 27, 1964
noors now on file with the City
Clerk: and consisting of acquiring
the real estate not now owned by
the City in the block bounded by
Locust, Bluff, Eighth and Ninth
Streets in.. said City and construct-
ing tn said block, a multi-level, reo
infOl"Ced concrete motor vehicle
parking structure, having a floor
area of approximately 160,000
square feet; and
WHEREAS traffic conditions
upOn the streets of said City are
such as to necessitate and require
for the public benefit, safety and
convenience of said City and its
inhabitants that said additional
site and parking structure be Be.
quired, maintained and operated
by said City in order that motor
vehicular traffic congestion upon
the streets of said City be alleviat-
ed and properly controlled; and
WHEREAS the cost of acquiring
said additional off-street public
motor vehicle parking facilities has
been estimated to be $1,350,000, of
which $100.000 is to be paid from
cash on hand, and as authorized
under the provisions of Section
390.9 of the Code of Iowa, 1962, it
is necessary that revenue bonds of
said City be issued in the amount
of $1,250,000 to pay the balance of
such cost, and
WHEREAS before proceedings
for the issuance of such bonds are
initiated it is necessary to fix a
date of meeting - of this Council
at which it is proposed to take such
action and to give notice thereof
as required by Chapter 23 of the
Code of Iowaj
NOW, THEREFORE, Be It Re-
solved by the City Council of the
City of Dubuque, Iowa, as follows:
Section 1. Tbat this Council
meet on the 18th day of May, 1964.
at the Council Clfamhers in the
City Hall, Dubllque, Iowa, at 7:30
o'clock P.M., - Central Standard
Time, at which time and place
p.roceedings will be instituted and
action taken for the issuance of
Parking Facilities Revenue Bonds
of said City in the principal
amount of $1,250.000 for the pur-
pose of paying the cost; to that
amount, of acquiring the addition-
al public motor vehicle parkiug fa-
cilities in and for said City as re-
ferred to in the preamble hereof.
Section 2. That the City Clerk is
hereby directed to give notice of
l
Sesiion, AEril 27, 1964
Iowa, by autherity of the Board of
Supervisors of Dubuque County,
Iowa, and the said Joseph F. Bahl
acknowledged the exeeution of said
instnllnent to be the voluntary act
and deed of said Dubuque County,
Iowa, by it voluntarily executed:
WITNESS my hand and Notarial
Seal on the date last above writte'ft.
Harold N. Hilbert
Clerk of District Court in
and for DUbuque County,
Iowa
(Seal)
RESOLUTION NO_ 83-64
RI!SOLUTION to fix a date for
tf1e initiation of proceedings for
the issuance of $1,250,000. Park.
ing Facilities Revenue Bond. Df
the City of Dubuque, Iowa.
WHEREAS the City of Dubuque,
in Dubuque County, Iowa, has ~ere..
tofore established a system of pub-
lic motor vehicle parking facilities
in said City consisting of both on-
street parking meters and off-
street parking facilities and has es-
tablished regulations for the use
and operation thereof in order to
properly regulate and control traf-
fic upon the congested streets with-
In said City; and
WHEREAS the location and phy-
sical characteristics of the business
area, together ~th the increased
use by the public of motor vehicles
has caused serious traffic conges-
tion in the streets of the business
sections of said City, thus prevent-
Ing the free circulation of traffic
in, through and from said City.
impeding the rapid and effective
handling of fires and operation of
police forces and endangering the
health. safety and welfare of the
general public; and
WHEREAS it has been hereto-
fore found and determined, follow-
Ing a public hearing conducted in
the manner and as authorized and
provided by Section 390.1 of the
Code of Iowa, 1962, as amended,
that public convenience and :u.eces-
sity will be served by adding to.
extending and improving said sys-
tem of public motor vehicle park-
Ing facilities as contemplated and
recommended by the report enti.
tied "Letter Report to the City
Councl1 and City Manager, Du-
buque. Iowa, on the Proposed Lo-
cust Street Parking Garage," dated
December 10, 1903, prepared by
De Leuw Cather & Company, EnJi-
Mayor
By Leo F. Frommelt,
City Clerk
STATE OF IOWA )
) ss.
DUBUQUE,COUNTY )
O!l this 27th day of April, 1964,
befQre me Eugene J. Berens a
Notary Public in and for the Coun-
ty of Dubuque and State of Iowa,
personally appeared Robert J.
HorllSn and Leo F. Frommelt to me
personally known, who, being duly
sworn did say that the said Robert
J. Horgan is Mayor and the said
Leo F. Frommelt is Clerk of the
City of Dubuque, Iowa, and that the
seal affixed to the above instru-
ment is the corporate seal of the
City of Dubuque, Iowa, and that
said instrument was signed and
sealed on behalf of the said City
of Dubuque, Iowa, by authority of
the City Council of said City and
tbe eaid Rohert J. Horgan and Leo
F. Frommelt acknowledged tbe exe-
eution of said instrument to be
the voluntary act and deed of said
City of Dubuque, Iowa, by it volun-
tarily executed.
WITNESS my hand and Notarial
Seal on the date last above written.
Eugene J. Berens
Notary Public in and
for said County (My
Commis.sion Expires
7/4/66).
SEAL
DUBUQUE,COUNTY )
) ss.
STATE OF IOWA )
On this 23rd day of April, 1964
before me personally appeared Jo-
seph F. Bahl to me personally
known, who being duly sworn did
say tbat he is the Chairman of the
Board of Supervisors of Dubuque
County, Iowa, and that the seal
affixed to the above instrument
is the corporate seal of Dubuque
Connty, Iowa, and that said instru-
ment was signed and sealed on be-
balf of the said Dubuque County,
Special
IN WITNESS WHEREOF, the
Mayor and City Clerk of the City
of Dubuque, Io..a, a Municipal
Corporation of Iowa, have executed
these Articles of Incorporation this
27th day of April, A.D., 1964.
CITY OF DUBUQUE, a Munici.
pal COl'POl'atiM of Iowa
By Robert J. Horgan
(Seal)
124
wig. Carried by the following vote:
Yeas - Mayor Horgan, Council-
men Keao, Ludwig, Pfohl, Takas.
Nays-None. .
Petition of John N. Delaney re-
questing a refund of $100 on the
unexpired portion of Class B beer
permit No. 145, presented and
read. Councilman Takos moved
that the petition be granted and
the Auditor instructed to issue
proper warrant. Seconded by Ma-
yor Horgan. Carried by the follow-
ing vote:
Yeas - Mayor Horgan, Council
men Kean, Ludwig, pfohl, Takos
Nays-None.
127
1964
Session, April Zl,
Commissioner Deininger that the
final plats of
1) Subdivision of Lot 1 of Block
8, River Front Sub. No.3
and
I
II
April 27, 1964
To the Honorable Mayor
and City Council
Gentlemen:
I am enclosing an Option for the
purchase of City Lot #259 at the
northwest comer of Ninth Street
and Central Avenue.
The purchase price is $58,000.
This property was appraised by the
Dubuque Real Estate Board in the
amount of $58,000. I am enclosing
a copy of the appraisal with the
option.
I recommend that the property
be purchased and that the Mayor
and City Clerk be authorized to
sign the Option.
Respectfully submitted,
Gilbert D. Chavenelle
City Manager
Councilman Takas moved that
the recommendation of the City
Manager he approved. Seconded
by Councilman Ludwig. Carried by
the following vote:
Yeas - Mayor Horgan, Councll.
men Kean, LUdwig-, Pfohl, Takas.
Nays-None.
RESOLUTION NO. 8-W4
WHEREAS, an option for the
purchase of the following described
real estate has been submitted to
the City Council of the City Qf
Dubuque, Iowa:
City Lot 259 in the City of Du-
buque, Iowa according to the
United States Commissioners'
Map of a snrvey thereof, togeth-
er with all improvements there-
on, inClUding any and all inter-
est in and to streets and alley
abutting same, said premisPl
also located at and known ..
905 Central Avenue; and
WHEREAS, City Council
be
2) River Front
boih in the City
approved.
Motion carried.
Respectfully submitted,
Frank J. Glab, Secretary
Dubuque Planning & Zoning
Commission
Councilman Takas moved that
the recommendation of the Com-
mission be approved. Seconded by
Councilman Kean. Carried by the
following vote:
-Y cas - Mayor Horgan,
men Kean, Ludwig, PIohl,
Nays-None.
By order of the City Council
this 27th day of April, 1964.
Leo F. Frommelt
City Clerk
Section 3. That all orders or res.
olutions, or parts of orders or res-
olutions in conflict herewith be
and the same are hereby repealed.
Section 4. That this meeting be
and the same is hereby adjourned
to meet again at the time and
place hereinbefore fixed for fur-
ther consideration of the matters
herein set forth.
Passed and approved April 27th,
1964.
Sub. NO.4
of Dubuque,
Special
Session, April 27, 1964
Subdivision be vacated as re~
quested in Msgr. Foley'. letter of
April 2, 1964 to the City Coun.
cil.
Motion carried.
Respectfully submitted,
Frank J. Glab, Secretary
Dubuque Planning & Zoning
Commission
Special
126
Council
Takas.
Councilman Takas moved that
the recommendation of the Plan-
ning & Zoning Commission be ap-
proved and referred to the City
Solicitor for proper proceedings.
Seconded by Councilman LUdwig.
Carried by the followiug vote:
Yeas - Mayor Horgan, Council-
men Kean, Ludwig, Pfohl, Takos.
Nays-None.
April
Robert J. Horgan
Mayor
Richard Ludwig
Peter J. Takas
Eldon A. pfohl
James J. Kean
has
Communication of Merchants
Mutual Bonding Co. submitting a
Fidelity and Surety Certificate of
Authority issued by the Commis-
sioner of Insurance of the State of
Iowa, authorizing them to transact
its appropriate business in the
State until April I, 1965, presented
and read. Councilman Takos moved
that the Certificate be received
and filed. Seconded by Councilman
pfohl. Carried by the following
vote:
Yeas - Mayor Horgan, Council-
men Kean, Ludwig, Flohl, Takas.
Nays-None.
Notice of claim of Harold C. Gal-
Iiart in the amount of $124.44 for
car damage incurred as the result
of striking a defective area in
the street at the corner of 8th &
Bluff on April 24, 1964, presented
and read. Councilman Takos moved
that the notice of claim be referred
to the City Solicitor for investiga-
tion and report. Seconded by Coun-
cilman Ludwig. Carried by the fol-
lowing vote:
Yeas - Mayor Horgan, Council-
men Kean, Ludwig, Pfohl, Takos.
Nays-None.
Notice of claim of Robert L.
Kleinschrodt, in the amount of
$104.12 for car damage incurred
as the result of striking a defect
in the street at Kennedy Road &
Pennsylvania Avenue on April 13,
1964, presented and read. Council-
man Takos moved that the notice
of claim be referred to the City
Solicitor for investigation and re-
port. Seconded by Councilman Lud-
1964
Honorable Mayor
and City Council
Gentlemen:
At a regular meeting of the Du-
buque Planning and Zoning Com-
mission held Thursday, April 23,
1964, the following action was
taken:
Motion by Commissioner Bush,
sup p 0 r t e d by Commissioner
Flynn that the request of Mr.
Ralph Heller to have access to
his property across two city
owned lots at Fengler and Gar-
field Streets be denied upon ad-
vice of the City Engineer that
there is insufficient room for
the slope needed for lateral sup-
port of a roadway.
Motion carried.
Respectfully submitted,
Frank J. Glab, Secretary
Dubuque Planning & Zoning
Commission
Councilman Kean moved that the
recommendation of the Planning
& Zoning Commission be approved~
Seconded by Councilman Takas.
Carried by the following vote:
Yeas - Mayor Horgan, Council~
men Kean, Ludwig, Plohl, Takos.
Nays-None.
Honorable Mayor
and City Council
Gentlemen:
At a regular meeting of the Du-
buque Planning and Zoning Com-
mission held Thursday, April 23,
1964, the followiug action was ta-
ken:
It was moved by Commissioner
Loosbrock and supported hy
April 27, 1964
27,
(Seal)
Leo F. Frommelt
City Clerk
Recorded April 27th, 1964.
Leo F. Frommelt
City Clerk
Councilman Ludwig moved the
adoption of the resolution. Second-
ed by Mayor Horgan. Carried hy
the following vote:
Yeas - Mayor Horgan, Council-
men Kean, Ludwig, pfohl, Takos.
Nays-None.
Councilman Takos moved that
the minutes of the Council meeting
of April 20, 1964 be amended to
show the project cost in resolution
No. 72-64 for the construction of
the Parking Garage in the amount
of $1,350,000.00 in lieu of the
shown amount of $1,285,000.00.
Seconded by Councilman Kean.
Carried by the following vote:
Yeas - Mayor Horgan, Council-
men Kean, Ludwig, pfohl, Takas.
Nays-None.
April 27,
Honorable Mayor and
City Council
Gentlemen:
At a regular meeting of the Du-
buque Planning and Zoning Com-
mission held Thursday, April 23,
1964. the following action was
taken:
Motion by Commissioner Flynn,
supported by Commissioner Bush
that the extension of Catherine
Street south of Sixteenth Street
and the two alleys running west
off Henion Street In Yates Sub-
division and Henion and Bairds
1964
129
Iowa, be granted a permit to sell
Cigarettes and Cigarette Papers
within said City.
Floyd F. Kurtz, 2319 Prince Street
BE IT FURTHER RESOLVED
that the bonds filed with the ap-
plication he approved.
Passed, adopted and approved
this 27th day of April, 1964-
Robert J. Horgan
Mayor
Richard Ludwig
Peter J. Takas
Eldon A. Pfohl
James J. Kean
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Takas moved the
adoption of the resolution. Second-
ed by Councilman Kean. Carried
by the following vote:
Yeas - Mayor Horgan,
men Kean, Ludwig, Pfohl,
Nays--None.
Council-
Takos.
86-64
WHEREAS, applications for Beer
Permits have been submitted to
this Council for approval and the
same have been examined: NOW
THEREFORE,
BE IT RESOLVED by the City
Council of the City of DUbuque,
Iowa, that the following applica-
tions be ,granted and licenses is-
sued upon the compliance with the
terms of the ordinances of the City.
CLASS "B" BEER PERMIT
Floyd F. Kurtz, 2319 Prince Street
CLASS "C" BEER PERMIT
Carl Chalder, 101 West 5th Street
Passed, adopted and approved
this 27th day of April, 1964.
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 the
adoption of the resolution. Second-
ed by Councilman Pfohl. Carried
by the following vote:
Yeas - Mayor Horgan,
men Kean, Ludwig, Pfohl,
Nays-None.
Council
Takas.
II
RESOLUTION NO.
Frank A. Fuhrman
Sadie I. Fuhrman
Carl G. Fuhrman
Alice E. Fuhrman
Katherine M. Dolan
Donald Dolan
The terms of the foregoing op.
tion are herewith accepted. Dated
this 27th day of April, 1964.
City of Dubuque, Iowa
By: Robert J. Horgan
Attest:
Leo F. Frommelt
City Clerk
(City Seal)
RESOLUTION NO. 85-64
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 Ciga-
rettes within the City of Dubuque,
Session, April 27, 1964
Dubuque, Iowa any and all inter-
est they may have in and to the
streets and alley abutting the prop-
erty herein agreed to be sold.
6. Undersigned optionors, agree
to pay all general taxes due and
payable in the year 1964. General
real estate taxes due and payable
in the year 1965 shall be pro-rated
to date of settlement hereof.
7. Undersigned optionors. here-
with materially represent that all
fixtures, attachments and other
components of building located o-n
said property shall remain and be
included in the sale of the real
estate hereinabove described.
8. Undersigned optionors war-
rant and represent that City of Du-
buque shall have possession of the
property hereinabove described
upon delivery of Warranty Deed.
9. In the event the City of Du-
buque fails to elect to exercise
this option, the payment of $100.00
shall be retained by the under-
signed optionors as liquidated dam-
ages and the undersigned option-
ors shall be released of all further
liability hereunder to the City of
DUbuque, Iowa.
Frederick W. Fuhrman,
Deceased
By American Trust &
Savings Bank, TrUstee
By: James R. Bullard.
Trust Officer
Frederick W. Fuhrman,
Deceased
By: Edna R. Fuhrman,
Executrix
Special
Special Session, April 27, 1964
northwest corner of 9th Street and
Central A venue, Dubuque, Iowa,
described as follows:
City Lot 259 in the City of Du-
buque, Iowa according to the
United States Commissioners
Map of a survey thereof, togeth-
er with all improvements there-
on, including any and all inter-
est in and to streets and alley
abutting same, said premises al-
so located at and known as 905
Central Avenue,
upon the following terms
ditions
1. This option is hereby granted
for period of sixty days from date
hereof and shall terminate at 12:00
o'clock noon, D.S.T., June 20, 1964.
2. In event City of Dubuque
elects to exercise said option, in
suth event written notice of such
election shall be delivered to
Earl R. Bush, agent for the under-
signed, at American Trust Build-
ing, Dubuque, Iowa, or in event
such is not possible, for any reason
whatsoever, then in such event
said written notice shall be deliv-
ered to James Bullard, Trust Offi-
cer, American Trust and Savings
Bank, Dubuque, Iowa.
3. Purchase price for said prop-
erty shall be Fifty-Eight Thousand
($58,000.00) Dollars, payable as
follows:
One Thousand ($1,000.00) Dol.
lars payable at time of exercis-
ing said option and the balance,
to wit, $57,000.00 payahle upon
delivery of Warranty Deed and
Abstract of Title to City Manag-
er of Dubuque, Iowa, or hereaf-
ter provided, at time of exercis-
ing said option credit shall be
given for the $100.00 paid as
consideration for this option.
4. Within fifteen (15) days from
the date City of Dubuque serves
notice of intention to exercise said
option herein given, City of Du-
buque will be furnished with an
Abstract of Title extended to date
of delivery, showing good and mer-
chantable title of record to said
property vested in the under-
signed, optionors, which Abstract
of Title shall become property of
City of Dubuque upon consumma-
tion of sale.
5. At the time of conveyance of
said property, the undersigned, op-
tionors, will convey to the City of
con-
and
128
examined the terms and provisions
of said option dated April 20, 1964,
a copy of which is attached here-
to and hy reference made a part
hereof.
NOW THEREFORE BE IT RE-
SOLVED by the City Council Qf
City of Dubuque, Iowa:
Section I. That option dated
APril 20, 1964 for the purchase of
the followiJIg described real estate:
City Lot 259 in the City of Du.
buque, Iowa according to the
United States Commissioners'
Map of a survey thereof, togeth.
er with all improvements there.
on, including any and all inter-
est in and to streets and alley
abutting same, said premises al-
so located at and known as 905
Central Avenue,
ftom members of the Fuhrman
fa.mi1y and representatives thereof
bearing date of April 20, 1964, he
and the same is hereby approved.
Section 2. That the Mayor and
City Clerk be and they are hereby
authorized and empowered to exe-
cute said option for and on behalf
of the City of Dubuque, Iowa.
Passed, adopted and approved
this 27th day of April, 1964.
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 the
adoption of the resolution. Sec.
onded by Councilman PfoW. Car-
ried br the following vote:
Yeas - Mayor Horgan, Council
men Kean, Ludwig, Pfohl, Takas
Nays-NOlle.
1964
City of Dubuque
City Hall
Dubuque, Iowa
Attn: Mr. Gilbert D. Chavenelle
City Manager
Gentlemen:
For and in consideration of the
sum of One Hundred ($100.00) Dol-
lars, receipt of which is acknowl-
edged, the undersigned hereby
grant and extend to the City of
Dubuque, Iowa, an option to pur-
chase the property located at the
April 20.
moved that the petition be received
and filed. Seconded by Councilman
Takas. Carried by the following
vote:
Yeas - Mayor Horgan, Council.
men Kean, Ludwig. Pfohl, Takos.
Nays - None.
Petition of Herbert Kiefer et al
(45 signers) objecting to the pro-
posed paving of Arlington Street,
presented and read. Mayor Horgan
moved that the petition be received
and filed. Seconded by Councilman
Takos. Carried by the following
vote:
Yeas - Mayor Horgan, Council-
men Kean, Ludwig, pfohl, Takos.
Nays - None.
Petition of Edward A. Deppe
et al (11 signers) objecting to the
proposed improvement of Farragut
Street, presented and read. Mayor
Horgan moved that the petition be
received and. filed. Seconded by
Councilman Takas. Carried by the
following vote:
Yeas - Mayor Horgan, Council-
men Kean, Ludwig, Pfohl, Takos.
Nays - None.
Petition of Charleene O'Toole
et al (52 signers) objecting to the
proposed paving of Rose street, pre.
sented and read. Mayor Horgan
moved that the petition be received
and filed. Seconded by Councilman
Takas. Carried by the following
vote:
Yeas - Mayor Horgan, Council-
men Kean, Ludwig, Pfohl, Takos.
Nays - None.
Petition of Joseph B. Kaiser et al
(8 signers) objecting to the pro-
posed assessments for the paving
of Grove Terrace and W. 12th
Street presented and read. Mayor
Horgan moved that the Petition be
received and filed. Seconded by
Councilman Takos. Carried by the
following vote:
Yeas - Mayor Horgan, Council.
men Kean, Ludwig, pfohl, Takas.
Nays - None.
Petition of Mrs. Alice J. Wieser
et al (51 signers) objecting to the
proposed improvement of West
Eleventh Street, presented and
read. Mayor Horgan moved that the
petition be received and filed. Sec-
onded by Councilman Takas. Car.
ried by the following vote:
Yeas - Mayor Horgan, Council-
men Kean, Ludwig, Pfohl, Takas.
Nays-None.
Petition of Clarence J. Weiner
131
Regular Session, May 4, 1964
CITY COUNCIL
(OFFICIAL)
Regular Session, May 4, 1964.
Council met at 7:30 P.M. Stand-
ard Time (8:30 P.M. Daylight Sav.
b'g Time)
Present-Mayor Horgan, Council-
men Kean, Ludwig, Pfohl, Takos.
City Manager Gilbert D. Chaven-
elle.
I
II
Mayor Horgan read the call and
stated that service thereof had been
dulY made and this is the Regnlar
Monthly meeting of the City Coun-
cil for the purpose of acting upon
such business as may properly
come before the meeting.
Communication of Dub u que
Chamber of Commerce compliment-
ing the Council on the progressive
street program for 1964, presented
and read. Councilman Takos moved
that the communication be re-
ceived and filed. Seconded by
Councilman Ludwig. Carried by the
following vote:
Yeas - Mayor Horgan, Council-
men Kean, Ludwig, Pfohl, Takas.
Nays-None.
Communication of Archdiocesan
Chancery approving the contem-
plated street improvement of Penn-
sylvania Avenue insofar as it af-
fects Lot 1 of I NW'I.-NE'14 Sec.
28 T. 89 N. R. 8 E., presented and
read. Councilman Kean moved that
the communication be received and
filed. Seconded by Councilman
Takos. Carried by the following
vote:
Yeas - Mayor Horgan, Council-
men Kean, Ludwig, Pfohl. Takas.
Nays-None.
1964
Councilman Kean moved the ad-
option of the resolution. Seconded
by Councilman pfohl. Carried by
the following vote:
Yeas - Mayor Horgan, Council-
men Kean, Ludwig, Pfohl, Takas.
Nays-None.
There being no further business
Councilman Horgan moved to ad-
journ. Seconded by Councilman
Takos. Carried by the following
vote:
Yeas _ Mayor Horgan, Council
men Kean, Ludwig, pfohl, Takos.
Nays-None.
Leo
Communication of M. G. McDer-
mott objecting to the proposed
curb & gutter and paving of Uni-
versity Avenue, presented and
read. Mayor Horgan moved that the
communication be received and
filed. Seconded by Councilman
Takas. Carried by the following
vote:
Yeas - Mayor Horgan, Council-
men Kean, Ludwig, Pfohl, Takas.
Nays - None.
Petition of Richard Kolek et aI
(19 signers) Objecting to the pro.
posed paving of Grove Terrace, pre-
sented and read. Mayor Horgan
F. Frommelt,
City Clerk
964
.....1964
Session, April '1:t,
City Clerk
Approved
Councilmen
Attest:
Adopted
RESOLUTION NO. 87-64
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 he
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
dir~ted to issue to the following
named applicannts a Beer Permit.
N.me Address
CLASS "B" BEER PERMIT
Floyd F. Kurtz, 2319 Prince Street
CLASS "C" BEER PERMIT
Carl Chalder, 101 West 5th Street
BE IT FURTHER RESOLVED
that the bonds filed by such appli-
cants be and the same are hereby
approved.
Passed, adopted and approved
thla 27th day of April, 1964.
Robert J. Horgan
Mayor
Richard Ludwig
Peter J. Takos
Eldon A. pfohl
James J. Kean
Councilmen
Attest:
Leo F. Frommelt,
City Clerk
Special
130