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1964 November Council Proceedings ~ I- 389 Yea s - Chairman Robert J. Horgan, Messrs. James J. Kean, Richard Ludwig, Eldon A. Pfohl, Peter J. Takos. Nays-None. Mr. Eldon A. Pfohl suggested that the Board look at the delapi. dated properties and also that the Human Relations Commission might consider it a worthwhile under- taking to rehabilitate any displaced persons that would be affected. Mr. Richard Ludwig moved that the Mayor communicate with the Human Relations Commission in matters of re-habilitation. Second- ed by Mr. Peter J. Takas. Carried by the following vote: Yea s - Chairman Robert J. Horgan, Messrs. James J. Kean, Richard Ludwig, Eldon A. Pfohl, Peter J. Takas. Nays-None. There being no further business Mr. Peter J. Takas moved that the Board of Health meeting be ad- journed. Seconded by Mr. Richard Ludwig. Carried by the following vote: Yea s - Chairman Robert J. Horgan, Messrs. James J. Kean, Richard Ludwig, Eldon A. Pfohl, Peter J. Takas. Nays-None. Leo F. Frommelt Clerk, Board of Health. Approved. ...... ........ 1965 Adopted ................... 1965 .................. ................... Members Board of ............. Health Attest ...... ............ City Clerk Regular Session, November 2, 1964 Board of Health OFFICIAL Regular Session, November 2, 1964. Board met at 7:30 p.m. Present - Chairman Robert J. Horgan, Messrs. James J. Kean, Richard Ludwig, Eldon A. Pfohl, Peter J. Takos, Dr. A. J. Entringer. Communication of Iowa State Department of Health issuing cur- rent annual mobile home park li- cense to Raymond Papin, presented and read. Chairman Robert J. Hor- gan moved that the communication be received and filed. Seconded by Mr. Peter J. Takas. Carried by the following vote: Yea s - Chairman Robert J. Horgan, Messrs. James J. Kean, Richard Ludwig, Eldon A. Pfohl, Peter J. Takos. Nays-None. Communication of Arthur J. Miller Sanitarian of the Ci ty Health Department requesting to condemn as unfit for human habi- tation the structure at 595-597 West third Street as provided in section 3.7 of Minimum Housing Standards in order to proceed with proper en- forcement, presented and read. Chairman Robert J. Horgan moved that the request be approved. Se- conded hy Mr. Peter J. Takos. Carried by the following vote: Yea s - Chairman Robert J. Horgan, Messrs. James J. Kean, Richard Ludwig, Eldon A. Pfohl, Peter J. Takas. Nays-None. Communication of Arthur J. Mil- ler Sanitarian of the City Health Department requesting to condemn as unfit for human habitation the structure at 1749 Catherine Street as provided in section 3.7 of Mini- mum Housing Standards in order to proceed with proper enforce- ment, presented and read. Mr. James J. Kean moved that the re- quest be approved. Seconded hy Mr. Richard Ludwig. Carried hy the following vote: I I Special Session, October 12, 1964 ness Mayor Horgan moved to ad- journ. Seconded by Councilman Pfohl. Carried by the following vote: Yeas-Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takas. Nays-None. Leo F. Frommelt, City Clerk Approved .. ....................1965. Adopted .... ........................1965. .................... .................... Councilmen .................... .................... .................... Attest: ,................... City Clerk the Committee of thirty two ap- pointed by the Mayor. One of the powers was to make special as- signments and also to make a special study of the downtown area. Committee ratified the recommendation of the executive committee. Bob Sullivan stated that there is no intent to circum- vent the City Council. The one sole purpose is to do the job the best they know how. Councilman Takos moved that the full committee of the Redevel. opment program be empowered to add additional persons to sub- committee, or create new sub- committees as they see fit;- thes appointments will be in an ad- visory capacity only and allowed no voting rights on the full com- mitte. Seconded by Councilman Ludwig. Carried by the following vote: Yeas-Mayor Horgan, Council men Kean, Ludwig, Pfohl, Takos Nays-None. There being hus further no i/iii, CO,,",' ..~';._~~~ .. ..,"'.IIIII~....'v_ .188 391 Council- Takos. 2, 1964 Councilman Kean moved that the recommendation be approved. Se. conded by Councilman Ludwig. Carried by the following vote: Yeas - Mayor Horgan, men Kean, Ludwig, Pfohl, Nays-None. Regular Session, November fol. the hy arried ~ Octoher 30, 1964 To the Honorable Mayor and City Council Gentlemen: The purchase of the East lOth Street property from the Peoples Natural Gas Company was com- pleted October 29th. Respectfully, Gilhert D. Chavenelle City Manager Councilman Ludwig moved that the communication be received and filed. Seconded by Councilman Kean. Carried by the following vote: Yeas - Mayor Horgan, men Kean, Ludwig, Pfohl Nays-None. October To the Honorable Mayor and City Council Gentlemen: A city wide inventory has been made of all cars stored in yards. A letter has been sent to each person concerned advising them that storing of inoperable or junk motor vehicles in private yards in residential areas is in violation of the city ordinance. The letter asked coperation in abating the nuisance within ten days or within the ten days to appear hefore the City Health Of- ficer to explain why the vehicle on the premise should not be declared a nuisance. Respectfully submitted, Gilbert D. Chavenelle, City Manager Councilman Pfohl moved that the communlication be received and filed. Seconded hy Mayor Horgan. Carried by tbe following vote: Octoher 30, 1964 To the Honorable Mayor and City Council Gentlemen: I report that meetings have been held with the Superintendent of Streets, the Supervisor of rubbish Council Takos. 1964 Yeas _ Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays-None. 30, Octo her 30, 1964 To the Honorable Mayor and City Council Gentlemen: A petition from Joseph R. V oel. ker and others requesting the in- stallation of street lights on Marion Street between Fremont and Con- cord Streets has been referred to myself and the Electrical Inspector for investigation and report. It is recommended t hat two 4,000 lumen incandescent lights be installed at the following loca- tions: 1. Between 1962 and 1970 Marion Street. 2. At the intersection of Meadow Lane and Marion or between 1896 and 1910 Marion Street. Respectfully submitted, Gilbert D. Chavenelle City Manager 1964 Yeas _ Mayor Horgan, council- men Kean, Ludwig,Pfohl. Takos. Nays-None. October 16, To the Honorable Mayor and City Council Gentlemen: I herewith submit reports of the City Auditor, City Treasurer, City Health Department and City Water Works for the month of September, as well as a list of claims and payrolls for w h i c h warrants were issued for the month of Septemher, 1964. Respectfully submitted, Gilbert D. Chavenelle City Manager Councilman Takos moved that the reports be received and filed. Seconded by Councilman Ludwig. Carried by the following vote: Yeas _ Mayor Horgan, council- men Kean, Ludwig, Pfohl, Takos. Nays-None. Proof of publication, certified to hy the puhlisher, of Statement of Receipts and a list of claims for which warrants were issued during the month of Septemher 1964, pre- sented and read. Councilman Takos moved that the proof of publication be received and filed. Seconded by Councilman Kean. Carried by the following vote: ~ Monday, October Octoher 23rd in- Regular Session, November 2, 1964 each day from 19th to Friday elusive. The following is a the results achieved let. 390 CITY COUNCIL tabulation of at each out- October 27, 1964. To the Honorable Mayor and Members of the City Council. Gentlemen: On the 30th day of September 1964 your honorahle body approved the issuance of a Class "B" beer permit to Jacqueline Helen McCar- ty. The license was processed in the regular manner but the check is- sued to the city in the amount of $200. in payment thereof failed to clear. The City Treasurer issued receipt #5373, dated Septemher 30, 1964 covering the above payment. The party in question has been contacted several times in the hope of receiving cash to cover the check. This has not been done and the idea of opening the tavern evidently has been abandoned.. In order to clear the Treasurer's books it is recommended that the Auditor be instructed to issue a warrant payable to the City Trea- surer in the amount of $200. Respectfully submitted, Leo F. Frommelt City Clerk. Mayor Horgan moved that the recommendation be approved and the Auditor instructed. to issue proper warrant. Seconded by Coun- '~,'l$'~"~.:~ Engine House Date P.O. #1 #5 #6 #4 10.19-64 26 17 17 21 15 10.20.64 31 14 8 12 27 10-21.64 28 14 21 14 27 10.22.64 57 18 17 12 26 10.23.64 63 27 7 22 50 #1-18th St., #5--Grandview Ave., #6-Rhomberg Ave., #4-Univer. sity Ave. Grand Total was 591 - Duplicate registrations ran about 6%. The cooperation of everyone con- cerned was excellent. Respectfully submitted, Leo F. Frommelt Commissioner of Registration. Mayor Horgan moved that the communication be received and filed. Seconded by Councilman Ludwig. Carried by the following vote: Yeas - Mayor Horgan, Council. men Kean, Ludwig, Pfohl. Takas. Nays-None. Ocloher 30, 1964. To the Honorable Mayor and Members of the City Council. Gentlemen: In compliance with your ap- proval the office of the City Clerk inaugurated a plan of registration of voters outside the City Hall. This was done with the assistance of both the Democratic and Repub~ lican party. Each party submitted a list of six names of people that volunteered their services at the various places selected. A school of instruction was held on Friday evening October 16, 1964 to in- struct the volunteer personnel in the proper procedure of register. ing voters. Five registration outlets were established which were in opera- tion from two P.M. to eight P.M. (OFFICIAL) Regular Session, November 2, 1964. Council met at 7 :45 p.m. (C.S.T.). Present-Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takas. City Manager Gilhert D. Chaven- elle. Mayor Horgan read the call and stated that service thereof had been duly made and this is the Regq}ar Monthly Meeting called for the purpose of acting upon such business as may properly come before the meeting. Octoher 22, 1964. To the Honorable Mayor and Members of the City Council Gentlemen: In accordance with Chapter 48 of the Code of Iowa 1962 I herehy recommend the approval of the named persons, on the Democratic and Republican lists attached, to serve as Clerks of the election registers for each precinct for the Regular Election to be held on November 3, 1964. Respectfully suhmitted Leo F. Frommelt Commissioner of Registration Mayor Horgan moved that the lists as submitted be approved. Se- conded by Councilman Kean. Car- ried by the following vote: Yeas - Mayor Horgan, Council men Kean, Ludwig, Pfohl, Takos Nays-None. ,~C '-"'llltl U"'~ ~ Councilman Kean moved that the recommendation be approved. Se- conded by Councilman Ludwig. Carried by the following vote: Yeas - Mayor Horgan, men Kean, Ludwig, Pfohl Nays-None. 391 Session, November 2, 1964 cilman Takos. Carried lowing vote: Yeas - Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays-None. fol the Council Takas. 1964 The purchase of the East 10th Street property from the Peoples Natural Gas Company was com- pleted Octo her 29th. Respectfully, Gilhert D. Chavenelle City Manager Councilman Ludwig moved that the communication be received and filed. Seconded by Councilman Kean. Carried by the following vote: Yeas - Mayor Horgan, Council men Kean, Ludwig, Pfohl. Takas. Nays-None. A city wide inventory has been made of all cars stored in yards. A letter has been sent to each person concerned advising them that storing of inoperable or junk motor vehicles in private yards in residential areas is in violation of the city ordinance. The letter asked coperation in abating the nuisance within ten days or within the ten days to appear hefore the City Health Of. ficer to explain why the vehicle on the premise should not be declared a nuisance. Respectfully submitted, Gilbert D. Chavenelle, City Manager Councilman Pfohl moved that the communlication be received and filed. Seconded by Mayor Horgan. Carried by the following vote: October 30, To the Honorable Mayor and City Council Gentlemen: Regular hy 1964 I report that meetings have been held with the Superintendent of Streets, the Supervisor of rubbish 1964 Yeas - Mayor Horgan, Council men Kean, Ludwig, Pfohl, Takas Nays-None. Octo her 30, To the Honorable Mayor and City Council Gentlemen: October 30, To the Honorable Mayor and City Council Gentlemen Octoher 16, 1964 To the Honorable Mayor and City Council Gentlemen: I herewith submit reports of the City Auditor, City Treasurer, City Health Department and City Water Works for the month of September, as well as a list of claims and payrolls for w h i c h warrants were issued for the month of Septemher, 1964. Respectfully suhmitted, Gilbert D. Chavenelle City Manager Councilman Takas moved that the reports be received and filed. Seconded by Councilman Ludwig. Carried by the following vote: Yeas - Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takas. Nays-None. Proof of Publication, certified to hy the Puhlisher, of Statement of Receipts and a list of claims for which warrants were issued during the month of Septemher 1964, pre. sented and read. Councilman Takos 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. 1964 A petition from Joseph R. Voel- ker and others requesting the in- stallation of street lights on Marion Street between Fremont and Con- cord Streets has been referred to myself and the Electrical Inspector for investigation and report. It is recommended t hat two 4,000 lumen incandescent lights be installed at the fallowing loca~ tions: 1. Between 1962 and 1970 Marion Street. 2. At the intersection of Meadow Lane and Marion or between 1896 and 1910 Marion Street. Respectfully suhmitted, Gilbert D. Chavenelle City Manager October 30, To the Honorable Mayor and City Council Gentlemen 71 Octoher 23rd in- Regular Session, November 2, 1964 Monday, October tabulation of at each out- (OFFICIAL October 27, 1964. To the Honorable Mayor and Members of the City Council. Gentlemen: On the 30th day of Septemher 1964 your honorable body approved the issuance of a Class "B" beer permit to J acqueIine Helen McCar. ty. The license was processed in the regular manner but the check is- sued to the city in the amount of $200. in payment thereof failed to clear. The City Treasurer issued receipt #5373, dated Septemher 30, 1964 covering the above payment. The party in question has been contacted several times in the hope of receiving cash to cover the check. This has not been done and the idea of opening the tavern evidently has been abandoned. In order to clear the Treasurer's books it is recommended that the Auditor be instructed to issue a warrant payable to the City Trea~ surer in the amount of $200. Respectfully suhmitted, Leo F. Frommelt City Clerk. Mayor Horgan moved that the recommendation be approved and the Auditor instructed to issue proper warrant. Seconded by Coun- Engine House Date P.O. #1 #5 #6 #4 10.19.64 26 17 17 21 15 10.20.64 31 14 8 12 27 10.21.64 28 14 21 14 27 10.22.64 57 18 17 12 26 10.23.64 63 27 7 22 50 #1-18th St., #5-Grandview Ave., #6--Rhomberg Ave., #4-Univer- sity Ave. Grand Total was 591 - Duplicate registrations ran about 6%. The cooperation of everyone con- cerned was excellent. Respectfully suhmitted, Leo F. Frommelt Commissioner of Registration. Mayor Horgan moved that the communication be received and filed. Seconded by Councilman Ludwig. Carried hy the following vote: Yeas - Mayor Horgan, Council men Kean, Ludwig, Pfohl. Takos Nays-None. 2, Council met at 7:45 p.m. (C.S.T.) 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 is the Regular Monthly Meeting called for the purpose of acting upon such business as may properly come before the meeting. October 22, 1964. To the Honorable Mayor and Members of the City Council Gentlemen: In accordance with Chapter 48 of the Code of Iowa 1962 I herehy recommend the approval of the named persons, on the Democratic and Republican lists attached, to serve as Clerks of the election registers for each precinct for the Regular Election to be held on November 3, 1964. Respectfully suhmitted Leo F. Frommelt Commissioner of Registration Mayor Horgan moved that the lists as submitted be approved. Se- conded by Councilman Kean. Car- ried by the following vote: Yeas - Mayor Horgan, Council. men Kean, Ludwig, Pfohl, Takas Nays-None. Octoher 30, 1964. To the Honorable Mayor and Members of the City Council. Gentlemen: In compliance with your ap- proval the office of the City Clerk inaugurated a plan of registration of voters outside the City Hall. This was done with the assistance of both the Democratic and Repub- lican party. Each party submitted a list of six names of people that volunteered their services at the various places selected. A school of instruction was held on Friday evening October 16, 1964 to in- struct the volunteer personnel in the proper procedure of register. ing voters. Five registration outlets were established which were in opera- tion from two P.M. to eight P.M. each day from 19th to FrIday elusive. The following is a the results achieved let. 390 CITY COUNCIL November Session, '--10........- Regular 1964. 393 I have made an investigation of this matter and find no actionable negligence on the part of the City and therefore recommend denial of said claim. Original claim is attached hereto. Respectfully suhmitted, R. N. Russo, City Attorney Councilman Ludwig moved that the recommendation be approved. Seconded by Councilman Kean. Carried by the following vote: Yeas-Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takas. Nays-None. ~ Novemher 2, 1964 Honorable Mayor and City Council Re: Mrs. Frederick W. Scheel 1011 Kane Street Dubuque, Iowa Gentlemen: On June 29, 1964, Mrs. Frederick W. Scheel filed claim against the City of Dubuque alleging damages as a result of a fall at the inter- section of 8th and Locust Streets at the northwest corner thereof, claiming that a broken section of pavement caused her to fall on the 6th day of March, 1964. I have made an investigation of this matter and find no actionable negligence on the part of the City of Dubuque and therefore recom- mend denial of said claim. Original claim is attached hereto. Respecafully submitted, R. N. Russo, City Attorney Councilman Ludwig moved that the recommendation be approved. Seconded by Councilman Pfohl. Carried by the following vote: Yeas-Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays-None. Notice of claim of Mrs. Gertrude Coleman, in an unspecified amount, for personal injuries received in a fall on a defective walk at 1525 S. Grandview Ave. on October 4, 1964, presented and read. Council- man Takas moved that the notice of claim be referred to the City Solicitor for investigation and re- port. Seconded by Councilman Pfohl. Carried by the following vote: Yeas-Mayor Horgan, men Kean, Ludwig, Pfohl Nays-None. Regular Session, November 2, Honorable Mayor and City Council Re: Lance M. Meyer (Minor) R. #1, Dubuque, Iowa Gentlemen: On July 1, 1964, Louis J. Meyer of Sportsmans Lodge, R. #1, Du- buque, Iowa, filed claim for and on behalf of his son, Lance M. Meyer, claiming damages as a re- sult of injury suffered by the said Lance M. Meyer which oc- curred on June 27, 1964, at the Summer Carnival, claiming he fell over something (':ld claiming defective lighting on the festival grounds near the Mun~cipal swim- ming pool. I have taken this matter up with the Summer Carnival authorities and investigation was made by the insurance carrier for said Summer Carnival and they have denied said claim. In view of the foregoing it is the opinion of the City Attorney that the foregoing claim should be denied as any claim, if any, should be asserted, should be asserted against the Summer Carnival. Original claim is attached hereto. Respectfully submitted, R. N. Russo, City Attorney Regular Session, November 2, 1964 October 30, 1964 To the Honorable Mayor and City Council Gentlemen: I am returning to you the request of Maurice E. Humke for city sew- er and water service in Garnet Street. The matter has been investigated hy the City Engineer. His letter is attached. I recommend that the petition be denied. Respectfully submitted, Gilbert D. Chavenelle, City Manager 1964 November 2, 1964 Counc Takos. Councilman Ludwig moved that the recommendation be approved. Seconded by Councilman Kean. Carried by the following vote: Yeas-Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takas. Nays-None. November 2, 1964 Honorable Mayor and City Council Re: Mrs. Mary Dilger 2116 Jackson St. Dubuque, Iowa Gentlemen On June 26, 1964, Mrs. Mary Dilger filed claim against the City of Dubuque claiming damages as a result of a fall at or near the alley between White and Jackson Streets on East 21st Street, Du- buque, Iowa, and that the date of said fall was on June 19, 1964, alleging that gravel was upon the sidewalk which appeared to have been kicked onto the sidewalk by pedestrians or thrown onto said sidewalk by cars going through alley. Councilman Takos moved that the recommendation be referred to the City Council. Seconded hy Councilman pfohl. Carried by the following vote: 1964 Gary Leo Haas (Minor) 2825 Windsor Ave. Dubuque, Iowa Yeas-Mayor Horgan, Council men Kean, Ludwig, pfohl. Takos Nays-None. 2, November Honorable Mayor and City Council Re: Gentlemen On June 19, 1964, claim was filed for and on behalf of Gary Leo Haas, claiming damages as a result of a fall at the Burden Avenue Playground on April 22, 1964, claiming a hole in the play. ground and resulting in the fall of said Gary Leo Haas and resulting in personal injuries. I have made an investigation of this matter and find no actionable negligence on the part of the City of Dubuque and therefore recom- mend denial of said claim. Original claim is attached here- to. Respectfully submitted, R. N. Russo, City Attorney 1"1 Councilman Ludwig moved that the recommendation be approved. Seconded by Councilman Takas. Carried by the following vote: Yeas-Mayor Horgan, Council men Kean, LUdwig, Pfohl. Takos Nays-None. 392 Collection, and the men working in the rubbish collection and disposal group. The supervisor has checked all the alleys of the city and has noti- fied some ten to fifteen places concerning deficiencies. Checks are to be made weekly and all fail- ures on the part of the property owners or tenants to heed regula- tions will be turned over to the Health Department. The collection system and alley conditions will be closely watched and the effort made to have all businesses and residents comply with city regulations. The men have been warned about the proper handing of con- tainers and instructed to refer all complaints to the driver who in turn will refer them to the super- visor. The supervisor will check all the complaints. Finally, the crews have been instructed to carefully check and report all property owners and residents who improperly place their rubbish for collection. Respectfully suhmitted, Gilhert D. Chavenelle, City Manager Councilman Pfohl moved that the communication be received and filed. Seconded hy Mayor Horgan. Carried by the following vote: Yeas-Mayor Horgan, Council men Kean, Ludwig, Pfohl, Takos Nays-None. To the Honorable and City Council Gentlemen: I am returning to you the peti- tion of Loras Beadle requesting city water service to Lot #68 in Linehan Park Addition. The matter has been investi- gated hy the City Engineer. His report letter is attached. I recommend that the petition be denied. 1964 Respectfully suhmitted, Gilbert D. Chavenelle, City Manager Councilman Takos moved that the recommendation be referred to the City Council. Seconded by Councilman Pfohl. Carried by the following vote: Yeas-Mayor Horgan, Council- men Kean, Ludwig, Pfohl. Takos. Nays-None. .iij.; "m.!.~ - ~ 30, October Mayor II October To the Honorable Mayor and City Council Gentlemen: This is to advise you that the City of Dubuque Veterans Memor- ial Park Grading Project has been completed in accordance with the City of Dubuque plans and specifi- cations. I, therefore, recommend accept- ance of the above named project. 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: Yeas-Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays-None. 395 1964 FINAL ESTIMATE Resolution No. 251-64 WHEREAS, the contract for the City of Duhuque 1963 Grading Pro. ject No.2, Veteran's Memorial Park-south area has been com- pleted and the City Engineer has submitted his final estimate show- ing the cost thereof including the cost of estimates, notices, inspec- tion, and preparing the assessment and plat, now therefore, BE IT RESOLVED, hy the City Council of the City of Dubuque, That the cost of said improve- ment is hereby determined to be $36,492.26. That ---D- of the cost thereof shall be assessable upon private property and $36,492.26 shall he paid from the Veterans Memorial Park Fund of the City of Dubuque. Passed, adopted and approved this 2nd day of November, 1964. Robert J. Horgan Mayor Richard Ludwig Peter J. Takas Eldon A. Pfohl James J. Kean Councilmen Petition of Dr. William F. Heid- enreich et ux requesting that the City jOin in a restrictive agreement with other property holders rela- tive to the splitting of Lot 7 in Glenview Subdivision, presented and read. Councilman Takas mov- ed that the petition he referred to the City Solicitor for proper pro- ceedings. Seconded by Councilman Pfohl. Carried by the following vote: Attest: Leo F. Frommelt City Clerk Yeas-Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takas. Nays-None. Petition of Norbert G. Tigges requesting a refund of $50. on the unexpired portion of cigarette license No. 47, as he has discon- tinued business on November 2, 1964, presented and read. Council- man Takas moved that the refund he granted and the Auditor in. structed to issue proper warrant. Seconded by Councilman Ludwig. Carried hy the fOllowing vote Nays-None. ~ 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, Takos Nays-None. Yeas-Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos Petition of J. F. Thompson re- questing a refund of $50. on the unexpired portion of cigarette licence No. 277, as he has dis- continued business on October 31, 1964, presented and read. Council- man Takos moved that the refund be granted and the Auditor in- structed to issue proper warrant. Seconded by Councilman Ludwig. Carried by the following vote: Yeas-Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takas. Nays-None. Petition of Dubuque Insulation & Siding Co. requesting permission to construct a marquee in con- junction with remodeling the fronts at 1031-33 Main street, pre- sented and read. Councilman Kean moved that the petition be approv- ed subject to the approval of the City Manager and Building Depart- ment. Seconded by Councilman pfohl. Carried by the fOllowing vote: Yeas-Mayor Horgan, Council men Kean, Ludwig, pfohl, Takos Nays-None. Petition of Peoples Natural Gas requesting permission to excavate in Angella street (10 yr. street), presented and read. Councilman Takos moved that the petition be granted. Seconded by Councilman Ludwig. Carried by the following vote: Yeas-Mayor Horgan, Council- men Kean, Ludwig, Pfohl. Takos. Nays-None. 15, Regular Session, November 2, 1964 filed. Seconded by Mayor Horgan. Carried hy the following vote: Yeas-Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays-None. Petition of Curtis Straub Co. re- questing permission to excavate at 521 W. 3rd Street, presented and read. Councilman Takos moved that the petition he granted. Sec- onded by Councilman Kean. Car- ried hy the following vote: Yeas-Mayor Horgan, Council- men Kean, Ludwig, Pfohl. Takos Nays-None. ~ Regular Session, November 2, 1964 COUNCIL RECESSED AT 10 P.M. RECONVENED AT 10:15 P.M. Petition of Dubuque Assn. of Independent Insurance Agents re- questing permission to place a ban- ner across Main Street for "Du- buque Protection Week" presented and read. Councilman Ludwig moved that the petition be re- ferred to the Mayor and City Manager. Seconded by Councilman Kean. Carried by the following vote: Yeas-Mayor Horgan, Council men Kean, Ludwig, Pfohl, Takos Nays-None. Petition of Schiltz Construction Co. requesting the installation of a street light at Bonson Road & Asbury presented and read. Coun. cilman Pfohl moved that the peti- tion he referred to the City Man- ager and Electrical Inspector for investigation and report. Seconded by Councilman Ludwig. Carried by the following vote: Yeas-Mayor Horgan, Council men Kean, Ludwig, pfohl, Takos Nays-None. 394 Notice of appeal from final levy of Special Assessment for the con- struction of Carter Road Extension curb and gutter project No.1 by St. Mary's Home, presented and read. Councilman Takos moved that the notice be referred to the City Solicitor. Seconded by Councilman Pfohl. Carried by the following vote: Yeas - Mayor Horgan, Council- men, Kean, LUdwig, Pfohl, Takos, Nays-None. Proof of Publication, certified to hy the Publisher, of Notice of pub. lic hearing to consider an Ordin- ance to establish an Electrical Examining Board and also a com. plete Electrical Code Regulation, presented and read. Councilman Pfohl moved that the proof of publication be re- ceived and filed. Seconded by Councilman Ludwig. Carried by the following vote: Y cas - Mayor Horgan, Council men, Kean, Ludwig, Pfohl, Takos Nays-None. Petition of Young Democratic Clubs of Iowa requesting permis- sion to hold a parade October 31, 1964 and also to sell tickets in the downtown area, presented and read. Councilman Ludwig moved that the petition be received and Councilman Takos moved that the rules be suspended in order to let anyone present address the Council if they so desire. Seconded by Councilman Pfohl. Carried hy the following vote: Yeas-Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays-None. Ordinance No. 31-64 establishing an electrical examining Board etc. and Ordinance No. 32.64 Adopting a complete Electrical Code etc. were read at length and several changes were suggested and noted by the interested assembly, mem- bers of the Council and members of the City Electrical Department and also members of the Electrical trade, in both proposed ordinances. After considerable discussion as to the - intent of some of the passages in the proposed Electrical Ordin- ances and in the hope of having operable, just and fair electrical ordinances Mayor Horgan moved that Ordinance No. 31.64 and Ord- inance No. 32-64 be referred to the Council for meeting with the Code Committee. Seconded by Council- man Ludwig. Carried by the fol- lowing vote: Yeas-Mayor Horgan, CounciJ. men Kean, Ludwig, Pfohl, Takos, Nays-None. :i/j 'II' III.n I 397 WHEREAS, construction and completion of said additional motel units have now been accomplished by the said grantees. NOW THEREFORE BE IT RE. SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the terms and provisions of Resolution No. 253- 63 have been complied with by the grantees, Linehan & Molo, Inc. and Anthony A. Helling, and that the City of Dubuque should execute a conveyance to said grantees in said property hereinabove described without condition and with no reo verter to the City of Dubuque. Section 2. That the Quit Claim Deed hereto attached be and the same is hereby approved and the Mayor and City Clerk be and they are hereby directed and authorized to execute same for and on behalf of the City of Dubuque, Iowa. Section 3. That the City Clerk be and he is hereby authorized and directed to record a certified copy of this Resolution with the County Recorder of Dubuque County, Iowa. Passed, adopted and approved this 2nd day of November A.D., 1964. Robert J. Horgan Mayor Richard Ludwig Peter J. Takas Eldon A. Pfohl James J. Kean Councilmen 1 ~ Session, November 2, 1964 Robert J. Horgan Mayor Richard Ludwig Peter J. Takas Eldon A. Pfohl James J. Kean Councilmen Attest Leo F. Frommelt, City Clerk Councilman Ludwig moved the adoption of the resolution. Second- ed by Councilman Takas. Carried by the following vote: Yeas-Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takas. Nays-None. Communication of attorneys for Linehan & Molo Inc. & Anthony A. Helling advising of the comple- tion of 21 additional motel units according to the terms of resolu- tion No. 253-63, being a condition of sale in the transfer of Lot 1 of 2 of City Lot 725 hy the City to the aforementioned purchasers, and requesting a deed fo convey- ance of all interest without condi- tion and no reverter to the City, presented and read. Councilman pfohl moved that the communica- tion be referred to the City Solic- itor for proper proceedings. Sec- onded by Councilman Takos. Car- ried by the following vote: Yeas-Mayor Horgan, Council- men Kean, Lud\vig, Pft)hl, Takas. Nays-None. Attest: Leo F. Frommelt, City Clerk Councilman LudwIg 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. Proof of Publication, certified to by the Publisher, of Notice to con- tractors of the receipt of proposals for the construction of Montcrest Street Sanitary Sewer, presented and read. Mayor Horgan moved that the proof of publication, be received and filed. Seconded by Councilman Ludwig. Carried by the following vote: Yeas-Mayor Horgan, Council. men Kean, Ludwig, Pfohl, Takos Nays-None. Passed, adopted and approved this 2nd day of November, A.D. 1964. Regular RESOLUTION NO. 254-64 WHEREAS, pursuant to Resolu- tion No. 253.63, the City of Du. buque :conveyed to Linehan & Molo, Inc., and Anthony A. Helling, all of its right, title and interest in and to the following described real estate: Lot 1 of Lot 2 of City Lot 725 in the City of Dubuque, Iowa subject to easements for sani. tary and storm sewers; and WHEREAS, said conveyance was conditioned upon grantees con- structing improvements of not less than Eighty Thousand C$80,000.00l Dollars from date of adoption of Resolution No. 253-63 and comple- tion of said improvements within six (6) months of said two-year term construction of at least 21 additional motel units; and . i Regular Session, November 2, 1964 Mayor Horgan moved that the proof of publication be received and filed. Seconded by Councilman Ludwig. Carried hy the following vote: Yeas-Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takas. Nays-None. RESOLUTION NO. 253-64 WHEREAS, pursuant to resolu- tion and published notice of time and place of hearing, City Council of Dubuque, Iowa, met on the 2nd day of Novemher, 1964, at 7:30 o'clock P.M. in the City Council Chamber, in the City Hall, in Du- buque, Iowa, to consider the pro- posal to dispose of interest in real estate, at which hearing all inter- ested persons were afforded an opportunity to be heard for or against such proposal and which real estate is described as follows: Lot 2 of Lot 2 of Lot 1 of Block 8, River Front Suhdivi- sion NO.3 in the City of Du- buque, Iowa; and WHEREAS, there heing no writ. ten or oral objections to such writ ten proposal. NOW THEREFORE BE IT RE. SOLVED BY THE CITY COUNCIL OF CITY OF DUBUQUE, IOWA: Section 1. That the disposal of interest in real estate by City of Dubuque, Iowa, covering the above descrihed real estate to T. ROBERT !BINGER be and the same is here- by approved as such conveyance by the City of Duhuque is in the best public interest. Section 2. That the Mayor and City Clerk are hereby authorized and directed to execute Quit Claim Deed of City of Dubuque, Iowa, re- leasing all of its interest in said real estate to T. ROBERT llIINGER and to deliver the same upon receipt of payment of the sum of Ten ($10.00) Dollars and costs of publication, and upon receipt of delivery of Deed hy T. Robert Ibinger conveying to the City of Dubuque the following described real estate: Lot I of Lot 2 of Block 8, River Front Subdivision NO.3 in the City of Dubuque, Iowa. Section 3. That the City Clerk he and he is hereby authorized and directed to record a certified copy of this Resolution in the office of the Dubuque County Recorder, Du- buque County, Iowa. WHEREAS, the contract for the City of Dubuque 1963 Grading Pro- ject No.2, Veteran's Memorial Park-south area has been com- pleted and the City Manager has examined the work and filed his certificate stating that the same has been completed according to the terms of the contract, plans and specifications and recommends its acceptance, now therefore, BE IT RESOLVED, hy the City Council of the City of Dubuque, that the recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted. BE IT FURTHER RESOLVED, that the City Treasurer be and he is hereby directed to pay to the contractor from the funds to be realized from the Veterans Mem- orial Park Fund in amount equal to the amount of his contract, less any retained percentage provided for therein. Passed, adopted and approved this 2nd day of November, 1964. Roher! J. Horgan Mayor Richard Ludwig Peter J. Takos Eldon A. Pfohl James J. Kean Councilmen RESOLUTION NO. 252-64 RESOLUTION ACCEPTING IMPROVEMENT Attest: Leo F. Frommelt, City Clerk Councilman Takos moved the adoption of the resolution. Second- ed by Councilman Ludwig. Carried by the following vote: Yeas-Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takas. Nays-None. Proof of Publication, certified to by the Publisher, of notice of public hearing to consider pro- posal to dispose of interest in the sale of Lot 2 of 2 of 1 of Blk 8 River Front Sub. #3 to T. Robert Ibinger for the consideration of $10.00 in addition to conveyance by T. Rohert Ihinger to the City real estate described as Lot 2 of Blk 8 River Front Sub No.3, pre- sented and read. No written objec- ions were filed and no oral objec- tors were present in the Council Chamber at the time of the hear- ing. 396 "I~~ ,,;- I~ '" I I ~ ~"lli . " ,.,", C 399 to get additional services. Dr. Mc. Namara spoke in favor of annexa- tion. WHEREAS, the City Manager of the City of Dubuque has recom- mended to the City Council of City of Dubuque that the herein- after described unincorporated ter- ritory adjoining the City of Du~ buque he annexed thereto and be made a part of the City of Du- buque; and WHEREAS, on the 2nd day of November, 1964, at a meeting held in the City Council Chamber in the City Hall in the City of Du- buque at 7:30 o'clock P.M. (Cen. tral Standard Time), pursuant to notice published in the Telegraph- Herald, a newspaper of general circulation pUblished in the City of Dubuque, Iowa, on the 12th day of October, 1964, and on the 19th day of October, 1964, the withm Resolution was considered by the City Council of City of Dubuque, at which time and place all objectors thereto and all proponents for such annexation were given an oppor- tunity to be heard; and WHEREAS, after hearing all ob. jectors thereto and proponents for such annexation, the City Council is of the considered opinion that the territory hereinafter described should be annexed to and become a part of the City of Dubuque; and WHEREAS, under the provisions of Section 362.26 of the 1962 Code of Iowa, as Amended, said pro- posal must be submitted to the voters of the City of Dubuque before final adoption: NOW THEREFORE BE 1T RE. SOLVED BY THE CITY COUNCIL OF CITY OF DUBUQUE, lOWA: Section 1. That the territory de- scribed in Section 2 hereof, be annexed to and become a part of the City of Dubuque, Iowa, on the completion of the proceedings pro- vided for in Section 362.26 of the 1962 Code of Iowa, as Amended. Section 2. That a Special Elec- tion be and the same is hereby ordered held on the 15th day of December, 1964, at which Special Election there shall be submitted to the voters of the City of Du- buque, Dubuque County, Iowa, the following proposition to wit: 236-64 RESOLUTION NO. Regular Session, November 2, 1964 and filed. Seconded by Council- man Kean. Carried by the follow- ing vote: Yeas-Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays-None. Communication of Rev. John E. Graham, pastor of Resurrection Parish, endorsing the annexation of the area along Asbury Road, urging the necessity for the an- nexation of the Resurrection school which now has an enrollment of 402 students, presented and read. Mayor Horgan moved that the com- munication be received and filed. Seconded by Councilman Kean. Carried by the following vote: Yeas-Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays-None. Mr. R. F. Sefzik of 430 Clark Street voiced his opinion by stating that he is against annexation by force or vote. All the City is look- ing for is more collateral to raise our indebtedness. Mr. James F. Link of W. 32nd street inquired if the millage rate could be ad- justed because of the lack of fire protection. He requested that the area of W. 32nd street be deleted from the annexation proposal be- cause of the higher taxes he will be forced to pay, with no direct benefit, until the city services are extended. Mr. Harms from 2976 W. 32nd Street stated that when his property was annexed his taxes tripled and all he got in the line of services was garbage collection. Mr. Bucky Harris stated that the City does not carry adequate water in tann wagons to give proper fire protection for any distance. Mr. Dick Mahnke of 1850 Bristol Drive stated that uniform annexation is the most desirable. Mr. Dick Henschel cited his prob- lems as a possible subdivider being an access problem on Fremont Av- enue. Each lot should be assessed but once except corner lots on arterial streets regardless of the access problem which would cause the additional installation of curb and gutter, paving etc. Mr. W. J. Hill of John F. Kennedy Road spoke in favor of annexation by stating that in order for him to get the lot he wanted when he was ready to build a home he was obliged to go out of the city. He is willing to pay additional taxes Regular Session, November 2, 1964 plete performance of said work. BE IT FURTIIER RESOLVED, that upon the signing of said con- tract and the approval of the con- tractors bond and the City Treas- urer is authorized and instructed to return the hid deposits of the unsuccessful bidders. Passed and adopted this 2nd day of Novemher, 1964. Robert J. Horgan Mayor Richard Ludwig Peter J. Takos Eldon A. Pfohl James J. Kean Councilmen Councilman Kean rn(jlved the adoption of the resolution. Second- ed by Councilman Pfohl. Carried hy the following vote: Yeas-Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takas. Nays-None. Proof of Publication, certified to by the Publisher, of Notice of public hearing to consider Resolu- tion No. 236-64, being a Resolution proposing the annexation of un- incorporated territory to the City of Dubuque, Iowa, presented and read. Mayor Horgan moved that the proof of publication be re- ceived and filed. Seconded by Councilman Kean. Carried by the following vote: Yeas-Mayor Horgan, men Kean, Ludwig, Pfohl, Nays-None. Petition of Sisters of the Pres- entation requesting that Lots 2 and 3 Byrnes Sub. in Dubuque County be included in the annexa- tion proposal to be submitted to the voters of the City, approxi- mately eighty-seven acres, pre- sented and read. 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, Pfohl, 1:akos. Nays-None. Council Takos. Petition of Key City Investment Co. requesting removal of a parcel of property bordering Highway No. 20 from the annexation proposal, presented and read. Mayor Horgan moved that the petition be received F. Frommelt, City Clerk Attest Leo November 2, 1964 To the Honorable Mayor and City Council Gentlemen: Sealed bids were received until 10:00 A.M., Novemher 2, 1964 for the Montcrest Sanitary Sewer. The lowest bid entered was submitted by Smitty's Excavating Service of Dubuque, Iowa. The bid was 6% below the estimate. A tabulation of the bids received is attached I. recommend that the improve- ment be awarded to Smitty's Ex- cavating Service of Dubuque, Iowa. Respectfully submitted, Gilbert D. Chavenelle, City Manager Councilman Kean moved that the recommendation of the City Man- ager be approved. Seconded by Councilman Pfohl. Carried by the following vote: Yeas-Mayor Horgan, Council. men Kean, Ludwig, pfohl, Takos Nays-None. WHEREAS, sealed proposals have been submitted by contract- ors for the Construction of the Montcrest Street Sanitary Sewer from the existing sanitary sewer in Hempstead Street, thence west- erly through Lot 74 of Part of Mechanic's addition, thence west- erly in Montcrest Street to the east property line of Woodworth Street pursuant to Resolution No. 229-64 and notice to bidders pub. lished in a newspaper published in said City on Octoher 9th, 1964 and Octoher 16th, 1964; and WHEREAS, said sealed proposals were opened and read on Novem- ber 2, 1964, and it has been de- termined that the hid of Smitty's Excavating Service of Dubuque, Iowa in the amount of $5,486.00 was the lowest bid for the furnish. ing of all labor and materials and performing the work as provided for in the plans and specifications; now therefore, BE IT RESOLVED by the City Council of the City of Duhuque that the contract for the above mentioned improvement be award- ed to Smitty's Excavating Service of Dubuque, Iowa and the Manager be and he is hereby directed to execute a contract on behalf of the City of Dubuque for the COffi- (Awarding Contract) RESOLUTION NO. 255-64 ""it.!. ' '-,- 398 ~ 401 1111l1li 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, Takas. Nays-None. <-' " Peter J. Takas Eldon A. Pfohl James J. Kean Councilmen '" '" 1\I '" Session, November 2, 1964 m 1\I the voters of the City of Duhuque, Iowa, by publication in the Tele- graph-Herald, a newspaper of gen- eral circulation published in the City of Dubuque, Iowa, once each week for three (3) consecutive weeks in the manner provided by Chapter 618 of the 1962 Code of Iowa. Passed, adopted and approved this 2nd day of Novemher, 1964. Robert J. Horgan Mayor Richard Ludwig ~ Regular :JI z o <0 ~ I- a; i: ~ ~ 1964 of Section 28, thence south along the west property line of Lot 1 of Lot 1 of Lot 1 of Hawkeye Stock Farm 1695.44 feet to a point 60 feet north of the center line of the North Lane of Highway 20, thence easterly 60 feet north of and parallel to the center line of the North Lane of Highway 20, 1330 feet to the west section line of Section 27, thence North 299.84 feet to the south property line of Vacated Union Street, thence 298.96 feet east to the west prop- erty line of Lot 2 of Lot 2 of Hawkeye Stock Farm, thence 299.84 feet south, to a point 60 feet north of the centerline of the north lane of Highway 20, thence 300.20 feet easterly along a line 60 feet north and parallel to the center- line of the north lane of Highway 20, thence northerly a distance 299.84 feet to the south property line of Vacated Union Street, thence 491.3 feet easterly along the south property line of Vacated Union Street, to the west prop. crty line of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 2 of Lot 1 of Mineral Lot 244 in Section 27 T.89N., R.2E. of 5 P.M., thence southerly 299.84 feet to a point 60 feet north of the center line of the north lanc of Highway 20, thence 2972.3 feet easterly along a line 60 feet north and parallel to the center line of the north lane of Highway 20 to existing westerly City Limits of Dubuque, Iowa, all the above described territory ad. joining the corporate limits of City of Dubuque, Dubuque County, Iowa and to be included with the above area are Lot 2 of Mineral Lot 388 in Section 15 T.89N., R. 2E of 5 P.M. and Lot 2 of Lot 1 of Lot 1 of Lot 1 of Lot 4 of Min. eral Lot 312 in Section 6, T.89N., R. 33. 5 P.M. "In Resolution No. 236.64 passed, adopted and approved hy the City Council of City of DUbuque, Iowa, on the 2nd day of November, 1964, be approved?" Section 4. That the City Clerk be and he is hereby authorized and directed to publish notice of submission of said proposition to Section 3. That a Plat of the ter- ritory proposed to be annexed is hereto attached, marked Exhibit "A" and by reference made a part hereof. Regular Session, November 2, "Commencing at the Existing City Limits on the northwest corn- er of Lot 1 of Mineral Lot 388 in Section 15, T. 89N., R. 2E. of 5 P.M. thence west along the north section line of Section 15 a distance of 3958.35 feet to the northwest corner of Section 15 T. 89N., R. 2E. of 5 P.M., thence west a distance of 1320 feet along the north section line of Section 16, thence south along the east property of Helen E. & Mary H. Stewart Subdivision for a distance of 1162 feet to the south property line of Old Timers Road, thence northwesterly along the south property line of the Old Timers Road,. a distance of 1133.22 feet to the east property line of Lot 2 of Mineral Lot 460, thence 1326.60 feet southwesterly along the east property line of Lot 2 of Mineral Lot 460, thence a distance of 663.30 feet northwesterly along the south property line of Lot 2 of Mineral Lot 460 to the southeaster- ly line of Lot 2 of Mineral Lot 459, thence 1510.74 feet southwesterly to the south property line of Lot 2 of Minerai Lot 459, thence 955.68 feet along the south property line of Lot 2 of Mineral Lot 459 to the west section line of Section 16 T. 89N., R. 2E of 5 P.M., thence south along the west section line of Sec- tion 16 a distance of 2640 feet to the southwest corner of Section 16 T. 89N., R. 2E. of 5 P.M., thence south a distance of 5280 feet along the west section line of Section 21 to the southwest corner of Section 21 T. 89N., R. 2E., thence 2640 feet east along the south section line of Section 21 to the northwest corner of the northeast lf4 of Sec- tion 28, thence 1320 feet south along the east property line of the N.E. '!4 of the N.W. V, of Section 28 to the southeast corner of the N .E. 1f4 of the N. W. % of Section 28, thence ease 711.46 feet along the south line of Lot 1 of Lot 1 of N.W. '!4 of N.E. '!4 of Section 28 to C. J. 28, T. P.M. thence the southwest Bies Subdivision, to the east the N.E. V, "Shall the proposition to an- nex the territory described as follows 608.54 feet S.W. '!4 of ~., ~'~ ,,'i> '" Bit: 891.. south 400 'I~I I ~ 403 Fin. Levy $4,752.11 388.99 $5,141.10 ~ 1. Kerper Boulevard from the south property line of 16th Street to the south property line of 12th Street. 2. Terminal Street from the north property line of First Street to the north property line of Camp Street. 3. Charter Street from the west property line of Main Street to the east property line of Salina Street. has been completed and the City Manager has examined the work and filed his certificate stating that the same has been completed ac- cording to the terms of the con- tract, plans and specifications and recommends its acceptance, now therefore, BE IT RESOLVED, hy the City Council of the City of Dubuque, that the recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted and the City En- gineer be and is hereby directed to prepare a plat and schedule showing the lots or parcels of real estate subject to assessment for said improvement and file the same in the office of the City Clerk sUbject to public inspection and said Clerk shall upon receipt of such plat and schedule publish the notice of the Council's inten- tion to levy special assessments therefor, as required by law. BE IT FURTHER RESOLVED, that the City Treasurer be and he is hereby directed to pay to the contractor from the funds to be realized from the sale of Street Improvement bonds issued upon the above described improvement in amount equal to the amount of his contract) less any retained per- centage provided for therein, As you will note, tt ere is a de- ficiency of $388.99 heing paid by the City on Lot 7 of Block 13 of Dubuque Harhor Co. Add. The owners agreed to pay the amount of $530.92. You will also note that the City of Dubuque's share increased $2,803.13. This increase is due to the following: 1. After construction started we found that the intersection of Charter and Main had to be reconstructed. 2. The cost of the increase of the extra width of concrete paving over 30 feet. 3. The deficiency paid on Lot 7. I feel that the assessment is justified and the property owners involved should be commended for accepting their fair share of the assessment. If the City Council does not ap- prove of said schedule of assess- ment, the Council has the power under Chapters 391.85 and 391.86 of the Code of Iowa to re-levy said assessment. Respectfully suhmitted, John L. White City Engineer Mayor Horgan moved that the recommendation of the City En- gineer be approved. Seconded by Councilman Ludwig. Carried by the following vote: Yeas - Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takas. Nays-None. (A Resolution Accepting Improve- ment and Directing the Clerk to Publish Notice.) RESOLUTION NO. 257.64 WHEREAS, the contract for the City of Dubuque 1964 Concrete Paving with Integral Curb Project No. 1. paid from the 135 I Road Use Tax Street Fund and $6,120.45 shall be paid from the 135 I Street Con- struction Fund of the City of Du- buque. Passed, adopted and approved this 2nd day of Novemher, 1964. Robert J. Horgan Mayor Richard Ludwig Peter J. Takos Eldon A. Pfohl James J. Kean Councilmen Attest: Leo F. Fronunelt City Clerk Councilman Takos moved the adoption of the resolution. Second- ed by Councilman Ludwig. Carried hy the following vote: Yeas - Mayor Horgan, Council men Kean, Ludwig, Pfohl, Takos. Nays-None. Assessment Total 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, Takos Nays-None. November 2, 1964 To the Honorable Mayor and City Council Gentlemen: FINAL ESTIMATE RESOLUTION NO. 256-64 Whereas, the contract for the City of Duhuque 1964 Concrete Paving with Integral Curb Project No. 1. $ 65.05 202.38 1,004.13 530.92 202.38 66.70 2,456.09 224.46 Regular Session, November 2, 1964 Prelim. 8.90 27.71 125.94 125.94 27.71 9.13 307.28 30.73 $663.34 ~ $ Lot All in Dubuque Harbor Co. Add. Lot 4 Block 13 Lot 5 Block 13 Lot 6 Block 13 Lot 7 Block 13 Lot 8 Block 13 Lot 9 Block 13 All Block 20 Lot A Block 20 Marmis Marmis Marmis Marmis *Deficiency David Solomon & Meyer Owner Joseph J. Behr Joseph J. Behr Crescent Realty Corp. Crescent Realty Corp. *David Solomon & Meyer *David Solomon & Meyer *David Solomon & Meyer Crescent Realty Corp. Crescent Realty Corp. Regular Session, November 2, 1964 402 Octoher To The Honorahle Mayor and City Council Gentlemen: This is to advise that the City of Dubuque 1964 Concrete Paving with Integral Curb Project No. 1 has been completed in accordance with the City of Duhuque plans and specifications. I, therefore, recommend the ac- ceptance of the above named proj- ect. Respectfully suhmitted, Gilhert D. Chavenelle City Manager 1964 30, i This is to inform you of an error made by the City Engineer on the Charter Street Concrete Paving Preliminary Schedule of Assess- ment. The preliminary- schedule of assessment was calculated from the City Engineer's preliminary es- timate that was in error on the number of square yards of paving to be constructed. The engineer's estimate stated that there would be 133.4 square yards of concrete pav- ing and it should have read 962.6 square yards. This is in error of $4,301.21. The property owners being as- sessed are Joseph J. Behr, Cres- cent Realty Corporation, David Sol- omon and Meyer Marmis. Under the present schedule of assessment these property owners would only have to pay an assessment in ex- cess of their preliminary schedule of 10%. The property owners have agreed to waive any and all objec- tions thereto and consent to the levy of special assessment as sub- mitted and as shown hereto; (note: amount of preliminary schedule is shown). from the of 16th property 3. Charter Street from the west property line of Main Street to the east property line of Salina Street. BE IT RESOLVED, by the City Council of the City of Duhuque, That the cost of said improve- ment is hereby determined to be $194,774.64. That $42,480.73 of the cost there- of shall be assessable upon private property and $146,173.46 shall be has been completed and the City Engineer has submitted his final estimate showing the cost thereof including the cost of estimates, no- tices, inspection, and preparing the assessment and plat, now there- fore, 2. Terminal Street from the north property line of First Street to the north property line of Camp Street. Kerper Boulevard south property line Street to the south line of 12th Street. 1111~q 1. I 405 RESOLUTION NO. WHEREAS, applications for Liq- uor Permits have been submitted to this Council for approval and the same have been examined. NOW THEREFORE BE IT RE. SOLVED, by the City Council of the City of Dubuque, Iowa, that the following applications be grant- ed and licenses issued upon the compliance with the terms of the IOWA LiQUOR CONTROL ACT- CHAPTER 12~as amended hy the 60th General Assembly, 1963. W. ~ Jackson Attest: Leo F. Frommelt City Clerk Councilman Takas moved the adoption of the resolution. Second- ed by Councilman Kean. Carried hy the following vote: Yeas - Mayor Horgan, men Kean, Ludwig, Pfohl, Nays-None. RESOLUTION NO. 262-64 WHEREAS, applications for Liq- uor Permits were filed by the with- in named applicants and they have received the approval of this Coun- cil, and WHEREAS, the premises to be occupied by such applicants were inspected and found to comply with the State Law and aU City ordinances relevant thereto and they have filed the proper bonds; NOW THEREFORE BE IT RE- SOLVED by the City Council of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named applicants a Liquor Permit. Asbury CLASS "C" COMMERCIAL ESTABLISHMENT Raphael Street Doris J. Street Passed, adopted and approved this 2nd day of Novemher, 1963. Robert J. Horgan Mayor Richard Ludwig Peter J. Takas Eldon A. Pfohl James J. Kean Councilmen Carried ed by Councilman Pfohl. by the following vote: Yeas - Mayor Horgan, Cound men Kean, Ludwig, Pfohl. Takos. Nays-None. 261-64 3050 Council Takos. 277C, Tigges, 3050 Ashury Bertsch, 326 Main Street CLASS "C" BEER PERMIT J. F. Thompson, 3200 Jackson Street The Great Atlantic & Pacific Tea Co. Inc., 1101 Central Avenue Kenneth J. Osterhaus, 976 Main Street Helen O'Mara, 1397 Washington Street BE IT FURTHER RESOLVED that the honds filed by such appli. cants be and same are hereby ap- proved. Passed, adopted and approved thIs 2nd day of Novemher, 1964. Rohert J. Horgan Mayor Richard Ludwig Peter J. Takos Eldon A. Pfohl James J. Kean Councilmen Attest: Leo F. Frommelt City Clerk Councilman Takas moved the adoption of the resolution. Second~ Grant Regular Session, November 2, 1964 CLASS "B" BEER PERMIT PRIVATE CLUB V.F.W. Gerald F. Winters 9663, 115 East 22nd Street American Veterans of World 11, 429 Main Street CLASS "B" BEER PERMIT Doris J. Tigges, 2776 Jackson Street John Joseph Beecher, 2399 White Street David L. Hickey, 107 Locust Street Marcella McCarty, 2093 Washing. ton Street Russell E. Myers, 1618 Central Ave. nue Raphael W. Street Roger J. Post War ~ Grant, RESOLUTION NO. 260-64 WHEREAS, application for Beer Permits were filed by the within named applicants and they have re~ ceived the approval of this Coun- cil; and WHEREAS, the premises to be occupied by such applicants were inspected and found to comply with the ordinances of the City and they have filed proper bonds: NOW THEREFORE, BE IT RE. SOLVED hy the City Council of the City of Duhuque, Iowa, that the Manager be and he is hereby di- rected to issue to the following named applicants a Beer Permit. Regular Session, November 2, 1964 Yeas - Mayor Horgan, Council. men Kean, LUdwig, Pfohl, Takas. Nays-None. RESOLUTION NO. 259.64 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 be is- sued upon the compliance with the terms of the ordinances of the City. CLASS "B" BEER PERMIT PRIVATE CLUB V.F.W. Gerald F. Winters Post 9663, 115 East 22nd Street. American Veterans of World War 11, 429 Main Street CLASS "B" BEER PERMIT Tigges, 2776 Jackson Doris J. Street John Joseph Beecher, 2399 White Street David L. Hickey, 107 Locust Street Marcella McCarty, 2093 Washing. ton Street RusseU E. Myers, 1618 Central A ve- nue Raphael W. Gran,t 3050 Asbury Street Roger J. Bertsch, 326 Main Street CLASS "C" BEER PERMIT J. F. Thompson, 3200 Jackson Street The Great Atlantic & Pacific Tea Co. Inc., 1101 Central Avenue Kenneth J. Osterhaus, 976 Main Street Helen O'Mara, 1397 Washington Street Passed, adopted and approved this 2nd day of November, 1964. Robert J. Horgan Mayor Richard Ludwig Peter J. Takos Eldon A. Pfohl James J. Fean Councilmen Attest: Leo F. Frommelt City Clerk Councilman Ludwig moved the adoption of the resolution. Second~ ed by Councilman Tako.. Carried by the following vote: Yeas - Mayor Horgan. Council- men Kean, Ludwig, Pfohl, Takas. Nays-None. ~c.~...."" 404 Passed, adopted and approved this 2nd day of Novemher, 1964. Robert J. Horgan Mayor Richard Ludwig Peter J. Takos Eldon A. Pfohl James J. Kean Councilmen Attest: Leo F. Frommelt City Clerk Councilman Takos moved the adoption of the resolution. Second- ed by Councilman Ludwig. Carried by the following vote: Yeas - Mayor Horgan, Council~ men'" Kean, Ludwigl Pfohl, Takas. Nays-None. Communication of Dubuque Community Development Advisory Committee submitting a progress report in the assignments set forth in a resolution passed by the City Council in the establishment of the committee, presented and read. Councilman Pfohl moved that the communication be received and filed. Seconded by Mayor Hor. gan. Carried hy the following vote: Yeas - Mayor Horgan, Council- men Kean, Ludwig, pfohl, Takas. Nays-None. RESOLUTION NO. 258-64 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 within said City. Kenneth J. Osterhaus, 976 Main Street Doris J. Tigges, 2776 Jackson Street BE IT FURTHER RESOLVED that the honds filed with the ap. plication be approved. Passed, adopted and approved thl. 2nd day of November, 1964. Robert J. Horgan Mayor Richard Ludwig Peter J. Takos Eldon A. Pfohl James J. Kean Councilmen Attest: Leo F. Frommelt City Clerk Councilman Ludwig moved the adoption of the resolution. Sec~ onded by Councilman Takos. Car- ried hy the following vote: IIII'~. I . --IF-~- ~ 407 Mayor Horgan moved approval of the confirmation of Alfred G. Heitzman to the position of City Treasurer effective December 1, 1964. Seconded hy Councilman Ta- koso Carried hy 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 vote ~ Yeas - Mayor Horgan, Council men Kean, Ludwig, Pfohl. Takas Nays-None. 1965 1965 Session, November 14, 1964 CITY COUNCIL 14, Council met at C.S.T. Present - Mayor Horgan, Coun- cilmen Kean, LUdwig, Pfohl, Takas. City Manager Gilhert D. Chave- nelle. Leo F. Frommelt City Clerk Attest: City Clerk Special o'clock A.M. OFFICIAL November 8:00 Approved Adopted Councilmen Session, Special 1964. Mayor Horgan read the call and stated that service thereof had been duly made and this meeting is called for the purpose of con- sidering applications for the of- fice of City Treasurer and acting upon any other business which may properly come before a ReguM lar Meeting of the City Council. November 1964 Mayor 14, In my letter to you dated Octo- her 5th, 1964, I appointed Mr. Eu- gene Loetscher to the office of City Treasurer and requested your confirmation of this appointment. I have withdrawn the appointment of Mr. Loetscher and have now ap- pointed Alfred G. Heitzman and request your confirmation of the appointment. Mr. Heitzman is thirty-seven years old and holds a BSC degree in commerCe from the State Uni- versity of Iowa. He was employed by the American Trust and Savings Bank for ten years and is present- ly the accountant and office man- ager for the Dubuque division of Beatrice Foods Company. Respectfully submitted, Gilhert D. Chavenelle City Manager To the Honorahle and City Council Gentlemen ~ , Regular Session, November 2, 1964 Yeas - Mayor Horgan, Council men Kean, Ludwig, pfohl, Takos Nays-None. Le 1965 1965 Approved Adopted. Councilmen: Attest: City Clerk CLASS "C" COMMERCIAL ESTABLISHMENT Raphael W. Grant, 3050 Asbury Street Doris J. Tigges, 2776 Jackson Street Passed, adopted and approved this 2nd day of November 1984. Rohert J. Horgan Mayor Richard Ludwig Peter J. Takos Eldon A. pfohl James J. Kean Councilmen Attest: Leo F. Frommelt City Clerk 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, Pfohl, Takos. Nays-None. There being no further business Mayor Horgan moved to adjourn. Seconded hy Councilman Ludwig. Carried hy the following vote: ,jIi< ~- II~.' o F. Frommelt City Clerk 406 ~ Lud. November 16, To the Honorable Mayor and City Council Gentlemen: On January 6, 1964 the City Council moved to send a commun. ication to the Planning and Zon- ing Commission requesting that the Commission submit the duties of the City Planner to the Council for ordinance adoption. Ordinance No. 26-29, "An Ordi- nance Providing for the Appoint. ment of a City Planning and Zon- ing Commission and Defining its Powers and Duties," delineates the Organization and the Powers and Duties of the Commission. Section ill of Ordinance No. 26- 29 states in part that the Commis- sion ". . . shall be empowered to appoint and employ such assist- ants as may be necessary and pre- scribe and define their duties. . ," Section V of Ordinance No. 26- 29 lists nine powers possessed by the Commission which appears to be all. inclusive regarding the planning for the City of Dubuque. At a meeting held on November 16, 1964 the Planning and Zoning Commission voted to send this communication to the Council stating that the City Planner shall have whatever duties are, from time to time, assigned to him by the Commission in order to fulfil the power delegated to the Com. mission by said Ordinance No. 26- 29. The Commission has further di- rected the City Planner to work closely with the City Manager and City Engineer in the promotion of any programs involved with the City Plan. Respectfully suhmitted, Dubuque City Planning and Zoning Commission Owen Riley Chairman 1964 409 be presented to the City Council on December 7, 1964. Yours very truly, John L. White City Engineer Mayor Horgan moved that the communication be received and filed. Seconded by Councilman Ta- koso Carried by the following vote: Yeas - Mayor Horgan, Council- men Pfohl, Takos. N ays--N one. Absent-Councilmen Kean, wig. Special Session, November 16, 1964 Since this location is part of a planned street light extension, it is recommended that ODe 175 watt mercury vapor light be installed on the northeast corner of the in- tersection of Bonson Road with As- hury Road. Respectfully submitted, Gilhert D. Chavenelle City Manager Special Session, November 16, 1964 Lud. 1964 Mr. Gilbert D. City Manager Dear Mr. Chavenelle: This is to advise that the En- gineering Department is in the process of preparing a sidewalk program for 1965. In order to com- plete a program, a method of pro- cedure and financing must be de- termined. The Engineering Department has written to several cities and As- sociations in Iowa to obtain their methods of procedure on a side- walk program. At the present time, we have received information from some of these cities and associa- tions. We are now in the process of compiling this information and working out our program. The Engineering Department feels they will he ahle to report a program to you so that it can N ovemher 16, 1964 To the Honorable Mayor and City Council Gentlemen: I herewith submit the reports of the City Auditor, City Treasurer, City Health Department and Water Department for the month of Oc- tober, as well as a list of claims and payrolls for whic~ warrants were issued for the month of Oc- tober, 1964. Respectfully suhmitted, Gilbert D. Chavenelle City Manager Councilman Takos moved that the reports be receive 1 and filed. Seconded by Mayor Lorgan. Car- ried by the following vote: Yeas - Mayor Horgan, Council- men Pfohl, Takos. Nays-None. Absent-Councilmen Kean, Lud- wig. Proof of Publication, certified to by the Publisher, of Statement of Receipts and a list of claims for which warrants were issued during the month of October 1964, pre. sented and read. Mayor Horgan moved that the proof of publication be received and filed. Seconded by Council- man Takos. Carried by the follow- ing vote: Yeas - Mayor Horgan, Council men Pfohl, Takos. Nays-None. Absent-Councilmen wig. November 16, Chavenelle ~ 408 CITY COUNCIL (OFFICIAL) Kean, , Councilman Takos moved that the recommendation of the City Manager be approved. Seconded hy Councilman Pfohl. Carried hy the following vote: Yeas - Mayor Horgan, Council men Pfohl, Takos. Nays-None. Absent-Councilmen Kean, wig. GuIer Ohio pany PERSONAL Uoyd L. Peterson, St. Paul Fire & Marine Insurance Company Respectfully submitted, Gilhert D. Chavenelle City Manager councilman Takos moved that filing of the honds he approved SUbject to the approval of the City Solicitor. Seconded by Mayor Hor gan. Carried by the following vote: Yeas - Mayor Horgan, Council- men Pfohl, Takos. Nays-None. Absent-Councilmen Kean, Lud- wig. printed Council proceedings for the months of June, July and Au. gust 1964 presented for approval. Mayor Horgan moved that the pro- ceedings for the months of June, July and August 1964 be approved as printed. Seconded by Council- man Takos. Carried hy the follow. ing vote: Yeas - Mayor Horgan, men pfohl, Takos. Nays-None. Absent-Cou wig. Lud- Lud. November To the Honorable Mayor and City Council Gentlemen: This is to advise that I have ap- proved the following bonds and de- sire to have your approval on same, subject to the approval of the City Solicitor 1964 SIDEWALK & Sons, Donald A. GuIer, Fanners Insurance Com- Counci Kean, 13, ncilmen Special 1964. Council met at 7:30 P.M.C.S.T. Present - Mayor Horgan, Coun- cilmen Pfohl, Takos. City Manager Gilhert D. Chavenelle. Absent-Councilmen Kean, Lud- wig. Mayor Horgan read the call and stated that service thereof had been duly made and this meeting is called for the purpose of ac- cepting CITY OF DUBUQUE 1964 HOT MlX.HOT LAID ASPHALTIC CONCRETE PAVING PROJECT NO.1, and acting on any other business which may properly come before a regular meeting of the City Council. November 9, 1964 To the Honorable llIayor and City Council Gentlemen: The petition from Schiltz Con- struction Company requesting a street light at the intersection of Bonson and Asbury Roads has been referred to the Electrical Inspector and myself for investi,;ation and report. 16, N ovemher 5, 1964 To the Honorable Mayor and City Council Gentlemen: The petition of Ray Rink and others for a street light on Avoca Street has been investigated. It is recommended that a 4000 lumen incandescent light be in- stalled at the following location: south of 1674 Avoca, midway be- tween Delaware and Decorah Streets. Respectfully, Gilhert D. Chavenelle City Manager Councilman Takas moved that the recommendation of the City Manager be approved. Seconded by Councilman pfohl. Carried by the following vote: Yeas - Mayor Horgan, Council- men Pfohl, Takos. Nays-None. Absent-Councilmen Kean, Lud- November Session, ;,; .,~. 'I.hu wig. 411 November 11, 1964 Hon, Mayor & City Council Re: Carol Fern (Minor) 1732'h Central Ave. Dubuque, Iowa Gentlemen: On July 28, 1964, Carol Fern, hy her parents Mr. and Mrs. Bert Fern of 1732'h Central Ave., Du- buque, Iowa, filed claim against the City of Dubuque, alleging in- juries as a result of a fall on July 28, 1964, claiming defective walk at the corner of 9th and Central in the City of Duhuque. I have made an investigation of this matter and the parents of said Carol Fern have made an offer of settlement in the amount of $40.00, and it is the recommen- dation of the City Attorney that said offer be accepted and the City Auditor be instructed to draw a warrant payable to Bert Fern and Viola Fern, parents and natural guardians of Carol Fern, a minor, and Bert Fern and Viola Fern in- dividually, and transmit said war- rant to the City Attorney for de- livery upon receipt of a dUly exe. cuted release. Original claim is to. Mayor Horgan moved that the recommendation of the City At- torney he approved. Seconded by Councilman Pfohl. Carried hy the following vote: Y cas - Mayor Horgan, men Pfohl, Takos. Nays-None. Absent-Councilmen wig. Session, November 16, 1964 Duhuque and I am advised that such claim was disposed of, and therefore I recommend denial of said claim. Original claim is to. attached here. submitted, attached here. Council- Lud- November 11, 1964 Hon. Mayor & City Council Re: Mary Lahey R.F.D. #1 Dubuque, Iowa Gentlemen: On January 28, 1963, Mrs. Cyril (Mary) Lahey filed claim for in. juries as a result of a fall on the public sidewalk at or near the Catholic Charities Building on N 0- vember 29, 1962. I have made an investigation of this matter and have conferred with claimant's attorney who has made an offer of settlement in the amount of $360.00, and it is my recommendation that said of- fer of settlement be accepted, and the City Auditor be instructed to draw a warrant payable to Mary Lahey and Cyril Lahey individually and as spouse of Mary Lahey, and that said warrant be transmitted to the City Attorney for delivery to claimant and her attorney upon receipt of a duly executed re- lease. Original claim is to. Kean, submitted, Mayor Horgan moved that the recommendation of the City At- torney be approved and the Audi- tor instructed to issue proper war- rant: Seconded by Councilman Takos. Carried by the following vote: Yeas - Mayor Horgan, Council. men pfohl, Takos. Nays-None. Absent-Councilmen Kean, wig. Lud- November 11, 1964 Hon. Mayor & City Council Re: Mary Francois 297'h Main Sl. DUbuque, Iowa attached here- Respectfully suhmitted, R. N. Russo City Attorney ~ Special Respectfully R. N. Russo City Attorney Respectfully R. N. Russo City Attorney Gentlemen: On Septemher 11, 1964, Mary Francois instituted action in the District Court of Iowa, in and for Dubuque County, against the City of Dubuque, claiming damages in the amount of $10,000.00 as the re- sult of a fall on July 6, 1964, claim. ing a defective condition of the puhlic sidewalk at or abutting the alley between Locust and Main Lud- Mayor Horgan moved that the recommendation of the City Attor- ney be approved, and the Auditor instructed to issue proper warrant. Seconded by Councilman Takas. Carried hy the following vote: Yeas - Mayor Horgan, Council men Pfohl, Takas. Nays--None. Absent-Councilmen Kean, wig. ~ Special Session, November 16, 1964 Respectfully suhmitted, R. N. Russo City Attorney Mayor Horgan moved that the recommendation of the City At- torney be approved. Seconded hy Councilman Takos. Carried by the following vote: Yeas - Mayor Horgan, Council- men Pfohl, Takos. Nays-None. Absent-Councilmen Kean, Lud- wig. Novemher 11, 1964 Hon. Mayor & City Council Re: Edward J. Herting 2440 Pearl St. Dubuque, Iowa Gentlemen: On July 15, 1964, Edward J. Herting filed claim in the amount of $21.27 as resulting damages to his vehicle which occurred on June 29, 1964 at 3450 Dove Street as a result of striking an alleged hole in the street. I have made an investigation of this matter and find that said street was under construction by developer and any claim that claimant may have should be as- serted against said developer and therefore recommend denial of said claim. Original claim is attached here- to. Lud- Novemher 11, 1964 Hon. Mayor & City Council Re: Mrs. Stella Banfield Benton, Wisconsin wig. Gentlemen: On April 5, 1962, Mrs. Stella Banfield of Benton, Wisconsin, filed claim for personal injuries as a result of a fall on March 14, 1962 on a public walk abutting 331 West 4th Sl., Duhuque, Iowa, claim- ing an icy condition thereat. I have made an investigation of this matter and find no actionable negligence on the part of the City of Dubuque, Iowa and therefore recommend denial of said claim. Original claim is attached here- to. Respectfully suhmitted, R. N. Russo City Attorney Mayor Horgan moved that the recommendation of the City At- torney he approved. Seconded by Councilman Pfohl. Carried by the following vote: Yeas - Mayor Horgan, Council men pfohl, Takos. Nays-None. Absent-Councilmen Kean, wig. Mayor Horgan moved that the recommendation of the City At- torney he approved. Seconded by Councilman Pfohl. Carried by the following vote: Yeas - Mayor Horgan, Council- men pfohl, Takos. Nays-None. Absent-Councilmen Kean, wig. Lud- 1964 November 11, Hon. Mayor & City Council Re: Eleanor R. pfohl 262 Fremont Gentlemen: On June 16, 1964, Eleanor R. Pfohl, 262 Fremont Sl., Dubuque, Iowa, filed claim in the amount of $36.00, alleging such damages by reason of backup of sewer which occurred on June 10, 1964. I ha"e referred this matter to the proper agency of the City of Duhuque and I am advised that such claim was disposed of, and therefore I recommend denial of said claim. Original claim is to. Lud- November 11, 1964 Mayor & City Council Re: John Soat 456 Menominee St. East Dubuque, lJIinois Gentlemen: On August 3, 1964, John 456 Menominee Street, East buque, nUnois, filed claim in amount of $50.00 alleging damages to his vehicle and alleging such damages by reason of City truck backing into his car parked on Highland Street on July 29, 1964. I have referred this matter to the proper agency of the City of 80at, Du- the attached here- j;'" 'r., ~. · " 410 Mayor Horgan moved that the communication be referred to the Council with copies made for dis~ tribution to Council members and referred to the Council for future action. Seconded by Councilman pfohl. Carried hy the following vote: Yeas - Mayor Horgan, men pfohl, Takas. Nays-None. Absent-Councilmen Respectfully suhmitted, R. N. Russo City Attorney Hon. W"N); I I Council- Kean, ~ 413 Petition of Roger A & W Drive Inn requesting a refund on the UD- expired portion of cigarette license No. 163, as he has discontinued business on October 15, 1964, pre- sented and read. Councilman Tak- as moved that the refund be grant- ed and the Auditor instructed to issue proper warrant. Seconded by Councilman Pfohl. Carried by the following vote: Yeas-Mayor Horgan, Counci men Pfohl, Takas. Nays-None. Absent-Councilmen Kean, wig. Petition of Edw. J. Koerperick requesting release of cash bond checks covering security for four years of maintenance on the im- provements of sewers. water, pav- ing and sidewalks in Forest View Subdivision, said checks certified and dated December 20, 1960, pre- sented and read. Councilman Tak- as moved that the petition be granted subject to the approval of the City Solicitor. Seconded by Mayor Horgan. Carried by the following vote: Yeas-Mayor Horgan, Council- men PfoW, Takos. Nays-None. Absent-Councilmen Kean, wig. Petition of Richard Construction Co. requesting permission to in- stall four boulevard I i g h t s on Northridge Drive, presented and read. Councilman Takos moved that the petition be referred to the City Manager and Electrical Inspector for investigation and re- port. Seconded by Mayor Horgan. Carried by the following vote: Yeas-Mayor Horgan, Council men PfoW, Takos. Nays-None. Absent-Councilmen wig. 1964 This is to advise that the City of Dubuque 1964 Hot Mix Hot Laid Asphaltic Concrete Paving Project NO.1 has been completed accord- ing to plans and specifications of the City of Duhuque. I therefore recommend the ac ceptance of this project. Lud. Lud. Lud. Kean, November 11, To the Honorable Mayor and City Council Gentlemen: Special Session, November 16, 1964 Absent-Councilmen Kean, Lud- wig. Petition of Artistic Cleaners re- questing permission to excavate in the alley between Jones and First Streets, presented and read. Mayor Horgan moved t hat the petition be granted. Seconded hy Councilman Takas. Carried by the following vote: Yeas-Mayor Horgan, Council- men Pfohl, Takos. Nays-None. Absent-Councilmen Kean, Lud- wig. Petition of Philip A. Powers re- questing rezoning of portions of Lot 1 of 1 of 1 of 1 of Powers Farm from Single Family to Local Business District "A" classifica- tion, presented and read. Mayor Horgan moved that the petition be referred to the Planning & Zoning Commission for investiga- tion and report. Seconded by Coun- cilman Pfohl. Carried hy the fol. lowing vote: Yeas-Mayor Horgan, Council- men pfohl, Takos. Nays-None. Absent-Councilmen Kean, Lud- wig. Petition of Retail Merchants Bu. reau of the Duhuque Chamher of Commerce requesting permission to hold a parade Monday evening November 23, 1964 to celebrate the City's all new Christmas display, presented and read. Councilman Takos moved that the petition be referred to the Mayor and City Manager. Seconded by Councilman pfoW. Carried hy the following vote: Yeas-Mayor Horgan, Council- men Pfohl, Takas. Nays-None. Absent-Councilmen Kean, Lud- wig. Petition of Duhuque County Tu- berculosis & Health Assn. request- ing permission to designate Sat- urday D e c e m b e r 12, 1964, as Bangle Day, presented and read. Councilman Takos moved that the petition be referred to the Mayor and City Manager. Seconded hy Mayor Horgan. Carried by the following vote: Yeas-Mayor Horgan, Council- men pfohl, Takos. Nays-None. Absent-Councilmen Kean, Lud- wig. ~ ~ 1964 Mayor Horgan moved that the recommendation of the City At- torney be approved. Seconded by Councilman Takos. Carried by the following vote: Yeas-Mayor Horgan, Council- men Pfohl, Takos. Nays-None. Absent-Councilmen Kean, Lud~ wig. Petition of Key Apartments Inc. requesting permission to excavate at the intersection of W. Llcllst & Augena street to install an 8" sanitary sewer line, presented and read. Mayor Horgan moved that the petition be granted. Seconded by Councilman PfoW. Carried by the following vote: Yeas-Mayor Horgan, Council- men Pfohl, Takas. Nays-None. Absent-Councilman Kean, Lud- wig. Petition of Richard Construction Co. requesting permission to ex- cavate in 30th Street to install sewer and water to a new resi- dence, presented and read. Mayor Horgan moved that the petition be granted. Seconded by Councilman Takos. Carried hy the following vote: Yeas-Mayor Horgan, Council- men Pfohl, Takas. Nays-None. Absent-Councilmen Kean, Lud- wig. Petition of Peoples Natural Gas requesting permission to excavate in Glen Oak Street to install a service line, presented and read. Mayor Horgan moved that the petition be granted. Seconded by Councilman Takos. Carried by the following vote: Yeas-Mayor Horgan, Counell.. men Pfohl, Takos. Nays-None. Absent-Councilmen Kean, Lud- wig. Petition of Zephyr Aluminum Products Inc. requesting permis- sion to erect 2 marquees at 2768 Central Ave., presented and read. Mayor Horgan moved that the petition he granted suhiect to the approval of the City Manager and Building Commissioner. Seconded by Councilman Takos. Carried by the following vote: Yeas-Mayor Horgan, Council- men Pfohl, Takos. Nays-None. Session, November 16, Mrs. Linda S. Kelly 2010 Lomhard St. Dubuque, Iowa On August 10, 1964, Linda S. Kelly filed claim against the City of Dubuque for injuries in the amount of $100.00 suffered to her vehicle on July 29, 1964 at the Carter Road extension claiming no warning sign or barricade was erected thereat, and claiming the street was under construction. I have made an investigation of this matter and find that the street at that time was under construc- tion by Tri-State Paving Co. which was installing curb and gutter thereat and that the attached claim should be asserted against said paving com pan y by the claimant and therefore I recom- mend denial of said claim. Original claim is attached here- to. Mayor Horgan moved that the recommendation of the City At- torney be approved and the Audi- tor instructed to issue proper war- rant. Seconded by Councilman Ta- koso Carried by the following vote: Yeas - Mayor Horgan, Council- men Pfohl, Takos. Nays-None. Absent-Councilmen wig. Lud. 1964 Streets on the ond Street. The City of Duhuque took ap. propriate action to resist said claim and the plaintiff through her attorneys has made an offer of settlement in the amount of $800.00, and it is the recommen- dation of the City Attorney that said offer of settlement be accepted and the City Auditor be in- structed to draw a warrant payable to Mary Francois in the amount of $800.00, and the same should be transmitted to the City Attorney for delivery to the plaintiff upon receipt of a duly executed release and dismissal with prejudice. Original claim is hereto at- tached. Respectfully submitted, R. N. Russo City Attorney Sec. submitted, November 11, Hon. Mayor and City Council Gentlemen: Re: side of Kean, Special Respectfully R. N. Russo City Attorney south ._~ '"r~ni.! ' ~ 412 , 415 NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the distribution of expendi. tures and receipts for the Tentative Street and Parking Budget and Construction Report for the fiscal year 1965 be and the same is here- hy adopted and approved. Passed, approved and adopted this 16th day of November 1964. Robert J. Horgan Mayor Peter J. Takas Eldon A. Pfohl Councilmen Attest: Leo F. Frommelt City Clerk Mayor Horgan moved the adop- tion of the resolution. Seconded by Councilman Takas. Carried by the following vote: Yeas - Mayor Horgan, Council- men Pfohl, Takas. Nays-None. Absent-Councilmen Kean, Lud- wig. RESOLUTION NO. 266-64 WHEREAS, the City of Dubuque, Iowa, is the owner of Lot 22 in Glenview Subdivision in the City of Dubuque, Iowa, said real estate being subject to Restrictive Agree- ment dated May 1, 1950 and filed for record on May 23, 1950 in Book of Mortgages 184, page 376 in the records of the Dubuque County, Iowa Recorder; and WHEREAS, all of the owners of the lots in said Subdivision have agreed in writing to the amendment of said restrictive agreement and it would serve the best puhlic interest that the City of Dubuque join in the amendment to said Restrictive Agreement. NOW THEREFORE BE IT RE. SOLVED BY THE CITY COUNCIL OF DUBUQUE, IOWA: Section 1. That the amendment to Restrictive Agreement dated May 1, 1950, filed for record on May 23, 1950 in Book of Mortgages 184, page 376 in the records of Dubuque County, Iowa Recorder, as follows, to wit: By deleting the period at the end of paragraph 1 thereof, and hy adding the following: ", except that Lot 7 may be sub- divided into two parcels, denom- inated Lot 1 of Lot 7 and Lot 2 of Lot 7 in Glenview, a Sub~ Session, November 16, 1964 WHEREAS, A distribution of expenditures and receipts of the City of Dubuque Tentative Street and Parking Bud- get and Construction Report for the year beginning January 1, 1965, and ending December 31, 1965, has ,been duly prepared in accord- ance with Chapter 312, Road Use Tax Fund, Code of Iowa, and as amended by the 60th General As. sembly, State of Iowa, and sub. mitted to this Council for appro- val, and WHEREAS, This Council has examined the Tentative Street and Parking Bud- get and Construction Report for the year 1965 wherein a distribu- tion of expenditures and receipts for the fiscal year are shown: Lud- RESOLUTION NO. 265.64 A Resolution approving the City of Dubuque, Iowa 1965 Tenative Street and Parking Budget and Construction Report. Attest: Leo F. Frommelt City Clerk Mayor Horgan moved the adop- tion of the resolution. Seconded by Councilman Takas. Carried by the following vote: Yeas-Mayor Horgan, men Pfohl, Takos. Nays-None. Absent-Councilmen, wig. Council. and file the same in the office of the City Clerk subject to puhlic inspection and said Clerk shall upon receipt of such plat and schedule puhlish the notice of the Council's intention to levy special assessments therefor, as required hy law. BE IT FURTHER RESOLVED, that the City Treasurer he and he is herehy directed to pay to the contractor from the funds to be realized from the sale of Street Improvement bonds issued upon the above described improvement in amount equal to the amount of his contract, less any retained percentage provided for therein. Passed, adopted and approved this 16th day of Novemher, 1964. Robert J. Horgan Mayor Peter J. Takos Eldon A. Pfohl Councilmen Kean, Special III I ~ ~ Special Session, November 16, 1964 Peter J. Takos Eldon A. Pfohl Councilmen Mayor Horgan moved the adop- tion of the resolution. Seconded hy Councilman Takos. Carried by the following vote: Yeas-Mayor Horgan, Council- men Pfohl, Takos. Nays-None. Absent-Councilmen Kean, Lud- wig. (A Resolution Accepting I mprovement and Directing the Clerk to Publish Notice.) RESOLUTION NO. 264-64 WHEREAS, the contract for the City of Duhuque 1964 Hot Mix- Hot Laid Asphaltic Concrete Pav- ing Project No. 1 1. Carter Road Extension north from a point 600 feet north of Kane Street to the south property 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. Sycamore Street from the north property line of East 16th Street to the north property line of East 14th Street. 4. West Third Street from the east property line of Hill Street to the east property line of North Grandview Avenue. 5. University Avenue from the west property line of Mt. Pleasant Street to a poInt 93' west of the east property line of Lot 1 of the suh. of Lot 1 of T s chi r g i & Schwinds Suh. has heen 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 be and the same is hereby accepted and the City Engineer he and is hereby directed to prepare a plat and schedule showing the lots or par- cels of rea 1 estate subject to assessment for said improvement Attest: Leo F. Frommelt City Clerk Lud- FINAL ESTIMATE RESOLUTION NO. 263-64 WHEREAS, the contract for the City of Dubuque 1964 Hot Mix- Hot Laid Asphaltic Concrete pa v. ing Project No. 1 1. Carter Road Extension north from a point 600 feet north of Kane Street to the south property 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. Sycamore Street from the north property line of East 16th Street to the north property line of East 14th Street. 4. University A venue from the west property line of Mt. Pleasant Street to a point 93 feet west of the east property line of Lot 1 of the sub. of Lot 1 of Tschirgi & Schwinds Subdivision. 5. West Third Street from the east property line of Hill Street to the east property line of North Grandview Avenue. has been completed and the City Engineer has submitted his final estimate showing the cost thereof including the cost of estimates, notices, inspection, and preparing the assesment and plat, now there- fore, BE IT RESOLVED, by the City Council of the City of Dubuque, That the cost of said improve- ment is hereby determined to be $169,868.18. That $136,765.13 of the cost there- of shall be assessable upon private property $3,522.00 shall he paid from 162 J ~ I-Special Assessment Street and $29,581.05 shall be paid from 135 I Road Use-Street Fund of the City of Duhuque. Passed, adopted and approved this 16th day of Novemher 1964. Robert J. Horgan Mayor Respectfully submitted, Gilbert D. Chavenelle City Manager Councilman Takos moved that the recommendation of the City Manager be approved. Seconded by Mayor Horgan. Carried by the following vote: Yeas-Mayor Horgan, Council men pfohl, Takos. Nays-None. Absent-Councilmen Kean, wig. lllaij . -"- - '" 414 11 ~ 417 Lud- Leo F. Frommelt City Clerk 1965 1965 Seconded by Councilman Takas. Carried by the following vote. Yeas - Mayor Horgan, Council- men Pfohl, Takos. Nays-None. Absent-Councilmen Kean, wig. City Clerk Special Session, November 16, 1964 Councilmen: Approved Adopted Attest: ~ Lud- There being no further business Mayor Horgan moved to adjourn. direcled to issue to the following named applicants a Beer Permit. ~ Address CLASS "C" BEER PERMIT Lil' Giant 1101 Rhomberg Food Stores Avenue BE IT FURTHER RESOLVED that the honds filed by such appli- cants be and the same are hereby approved. Passed, adopted and approved this 16th day of November, 1964. Robert J. Horgan Mayor Peter J. Takos Eldon A. Pfohl Councilmen Attest: Leo F. Frcnmelt City Clerk Mayor Horgan moved the adop- tion of the resolution. Seconded by Councilman Takas. Carried by the following vote: Yeas - Mayor Horgan, Council- men Pfohl, Takos. Nays-None. Absent-Councilmen wig. Kean, 1964 Peter J. Takas Eldon A. pfohl Councilmen Leo F. Frommelt City Clerk Mayor Horgan moved the adop. tion of the resolution. Seconded by Councilman Pfohl. Carried by the following vote: Yeas - Mayor Horgan, Council- men Pfohl, Takas. Nays-None. Absent-Councilmen Kean, Lud. wig. RESOLUTION NO. 268-64 Lud. 269-64 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 be occupied by such applicants were inspected and found to comply with the ordinances of this City and they have filed proper bonds: NOW THEREFORE, BE IT RE- SOLVED hy the City Council of the City of Dubuque, Iowa, that the Manager be and he is hereby Attest: WHEREAS, applications for Beer Permits have been submitted to this Council for approval and the same have been examined: NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the following applica- tions be granted and licenses be issued upon the Compliance with the terms of the ordinances of the City. Name Address CLASS "C" BEER PERMIT Lil' Giant 1101 Rhomberg Food Stores Avenue Passed, adopted and approved this 16th day of November, 1964. Robert J. Horgan Mayor Peter J. Takos Eldon A. Pfohl Councilmen Attest: Leo F. Frommelt City Clerk Mayor Horgan moved the adop. tin of the resolution. Seconded by Councilman Takos. Carried by the following vote: Yeas - Mayor Horgan, men Pfohl, Takos. Nays--None. Absent-Councilmen wig. RESOLUTION NO. Council Keao, Session, November 16, Lud- RESOLUTION NO. 267-64 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 Cigar- ettes within the City of Dubuque, Iowa, be granted a permit to sell Cigarettes and Cigarette Papers within said City. Name Address Lil' Giant 1101 Rhomberg Food Stores Avenue BE IT FURTHER RESOLVED that the bonds filed with the appli- cation be approved. Passed, adopted and approved this 16th day of November, 1964. Robert J. Horgan Mayor Councilman Takas moved the adoption of the resolution. Second. ed hy Mayor Horgan. Carried hy the following vote: Yeas--Mayor Horgan, men Pfohl, Takos. Nays-None. Absent-Councilmen wig. division of the City of Dubuque, Iowa, according to the recorded plat thereof, with said Lot 1 comprising the area upon which the dwelling house presently oc. cupied by Pearl A. Nielsen and Harold W. Nielsen is situated, and the land surrounding it, and said Lot 2 shall he the halance of said Lot 7. It is further under- stood and agreed that no struc- ture (including a detached single dwelling) shall be erected, al- tered, placed or permitted to re- main on any portion of said Lot 2 of Lot 7." _~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 Restrictive Agreement for and on behalf of City of Du- buque, Iowa. Passed, adopted and approved this 16th day of November A.D., 1964. Council Rohert J. Horgan Mayor Peter J. Takos Eldon A. Pfohl Councilmen F. Frommelt City Clerk Kean, Special '~rille! '-- ,~, Leo Attest: 416 ~ '~il :'ii :j' ii!! ,II 1111 'I Ilil :11 II ,1" l'l s' ~I bl ~ 1 I' 419 man Takas moved that the petition be referred to the Mayor and City Manager. Seconded by Councilman Pfohl. Carried hy the following vote: Yeas - Mayor Horgan, Council. men Kean, Ludwig, Pfohl, Takas. Nays-None. Petition of Recreation Commis- sion requesting that $2900. be made available to them for Petra. kis Park, presented and read. Mayor Horgan moved that the rules be suspended in order to allow any- one present to address the Council if they so desire. Seconded hy Councilman Kean. Carried by the following vote: Yeas - Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takas. Nays-None. Mr. Richard Slattery, Director of Recreation, addressed the Coun- cil by stating that the Commission feels that with the improvements made to date at the Petrakis Park that they would go along with the request. Mr. John Petrakis stated that if he gets the support of the Recreation Commission and Coun- cil we will have the finest ball park in the middle west. Whatever is spent will not go to waste, even if professional baseball is discon- tinued, we are still putting the park in good shape for our chil- dren. Even with two bad years they still were able to put $12,000 into park improvements. Mayor Horgan moved that the request be returned to the Recrea- tion Commission with the Council's approval. Seconded by Councilman Pfohl. Carried hy the following vote: Yeas - Mayor Horgan, . Council- men Kean, Pfohl, Takos. Nays-Councilman Ludwig. Petition of Dick Loetscher Inc. requesting that necessary improve- ments be made on Enid and Alpha streets, presented and read. Mayor Horgan moved. that the petition be referred to the City Engineer to be considered at the inaugura- tion of the 1965 Street Program. Seconded by Councilman Takos. Carried by the following vote: Yeas - Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays-None. Petition of The Salvation Army requesting permission to erect booths to house "Lassie" with her red kettle at various downtown 1964 23, Special Session, November Notice of Claim of Mrs. Rhea Braun, in the amount $165.00, for personal injuries received in a fall on the City Hall steps on No. vember 9, 1964, presented and read. Councilman Pfohl moved that the notice of claim be referred to the City Solicitor for investi- gation and report. Seconded hy Councilman Takos. Carried hy the following vote: Yeas - Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays-None. ORDINANCE NO. 36.64 An Ordinance Amending the bud- get as approved by Resolution No. 146-63 and Ordinance No. 1-64, pre, sented and read. Councilman Ludwig moved that the reading just had be considered the first reading of the Ordinance. Seconded by Councilman Takas. Carried by the following vote: Yeas - Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays-None. Councilman Ludwig moved that the rules be suspended requiring an Ordinance to be read on three separate days. Seconded by Coun- cilman Takos. Carried by the fol, lowing vote: Yeas - Mayor Horgan, Council, men Kean, Ludwig, Pfohl, Takos. Nays-None. Councilman Ludwig moved that a public hearing be held on, the Ordinance on December 16, 1964 at 7:30 o'clock P.M. in the Council Chamhers at the City Hall and that the City Clerk be instructed to publish notice of the hearing in the manner required by law. Se- conded by Councilman Takos. Car- ried by the following vote: Yeas - Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takas. Nays-None. Petition of Peoples Natural Gas requesting permission to excavate at the intersection of Angella and West Locust Streets, presented and read. Councilman Takos m 0 v e d that the petition he granted. Se- conded by Councilman Pfohl. Car. ried by the following vote: Yeas - Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays-None. Petition of "See-Hear Organiza- tion" requesting permission to dis- tribute cannisters to raise funds during the month of December 1964, presented and read. Council- ~ 1964 After City Electrical inspector Norton explained the situation Councilman Kean moved that the communication be received and filed. Seconded by Councilman Pfohl. Carried by the follOwing vote: Yeas-Mayor Horgan, Council- men Kean, Ludwig Pfohl, Takos. Nays-None. Respectfully submitted, Gilbert D. Chavenelle City Manager Mayor Horgan moved that the communication be received and filed. Seconded by Councilman Pfohl. Carried by the following vote: Yeas - Mayor Horgan, Councilw men Kean, Ludwig, Pfohl, Takos. Nays-None. Communication of Dub u que County Republican Central Com- mittee endorsing the proposed aDw nexation of territory to the pre. sent city limits, westerly, presented and read. Councilman Ludwig moved the communication be re- ceived and filed. Seconded by Councilman Takos. Carried by the following vote: Yeas - Mayor Horgan, Council. men Kean, Ludwig, Pfohl, Takas. Nays-None. Communication of Dub u que County Planning & Zoning Com- mission extending an invitation to attend a special meeting at Ep.. worth, Iowa on November 24, 1964, featuring Mr. Burl Parks of the State University of Iowa, an out- standing authority in the field of planning & zoning, presented and read. Councilman Pfohl moved that the communication be received and filed. Seconded hy Councilman Ta. koso Carried by the following vote: Yeas - Mayor Horgan, Council. men Kean, Ludwig, Pfohl, Takos. Nayg.......None. 23, November 23, 1964 To the Honorable Mayor and City Council Gentlemen: As previously discussed with you, I am proceeding to engage archi- tects for preliminary work on the Central Fire Station, the Street Equipment Garage and the Airport in order to bring these programs to you for proper consideration. The expense of these programs is to be financed out of the Public Safety Fund and the Liquor Sales Fund. Special Session, November Special Session, November 23, 1964. Council met at 7:30 P.M. (C.S.T.) Present-Mayor Horgan, Coun- cilmen 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 to consider a resolution amending the allocation of funds and also set a date of puhlic hear. ing on an Ordinance amending the hudget as approved by Reso. lution No. 146.63 and Ordinance No. 1-64, and acting on any other business which may properly come before a regular meeting of the City Council. Novemher 23. 1964 To the Honorable Mayor and City Council Gentlemen: At your meeting of November 16th we returned a petition signed by Ray Rink /lnd twelve other signers representing six property holders, requesting a street light on Avoca Street. It was recomw mended that a street light be placed at about the location of 1674 Avoca Street on the south property line. You accepted the recommenda. tion and authorized the street light. During the investigation, it was believed that a street light would best be located at the intersection of Decorah and A voca Streets, how- ever, there were three objections to this location, consequently the light was recommended for the midwblock location. Since your approval of the re- commendation we have received the objection of another property holder and consequently the in- stallation of the light has been held up. Your staff, as a result of their investigation, believes that a light is required in the area and re- asserts their recommendation, how~ ever, we have returned the petition to you because of the objections. Respectfully submitted. Gilbert D. Chavenelle City Manager COUNCIL OFFICIAl. 111ft-., 418 CITY 1~1 " ~ 421 approved by the Dubuque Board of Dubuque, Iowa. Section 3. That the 16th day of December 1964 at 7 :30 o'clock P.M. Central Standard Time in the City Council Chambers in the City Hall of Dubuque, Dubuque County, Iowa be and the same is hereby fixed as the time and place of hearing upon the intent to dispose of said real estate as described in plat at- tached to Exhibit "A". Section 4. That the City Clerk be and he is hereby directed to publish notice of intent to dispose of real estate owned by the City of Dubuque, as by law is provided. Passed, adopted and approved this 23rd day of November, 1964. Robert J. Horgan Mayor Richard Ludwig Peter J. Takos. Eldon A. Pfohl James J. Kean Councilmen F. Frommelt City Cierk Council- Takas. Amount of ncrease or Decrease 4,360.00 RESOLUTION NO. 271-64 Amending Allocation of Funds. WHEREAS, the City Council of the City of Dubuque, allocated funds within the General Fund, Street Fund, Public Safety Fund, Sanitation Fund and Recreation Fund on Jauary 6, 1964 and Whereas, Paragraph 3 of Section 5 of the Acts of the Fifty Fourth General Assembly provides that the City Council may amend the allocation of Funds within the functional funds by resolution, therefore, Be it resolved that the allocation of funds within the General Fund, Street Fund, Public Safety Fund, Sanitation Fund and Recreation Fund are hereby amended by the follO\ving changes Park Councilman Kean mowed the adoption of the resolution. Second- ed by Councilman Takos. Carried by the following vote: Yeas - Mayor Horgan, men Kean, Ludwig, Pfohl Nays-None. GENERAL FUND Item 101-City Council ... 8,500.00 Item 102-City Manager's Office ............... 46,610.00 Item lOS-City Clerk's Office ............... 17,844.50 Item 104-City Auditor's Office ................. 18,716.50 Item lOS-City Treasurer's Office .................. 13,982.00 Item 106---City Solicitor's Office .................. 11,860.00 Item 109-City Engineer's Office ...................... 73,496.00 Item 121-Bldg. Commissioner's Office 15,802.00 ~ 650.00 900.00 150.00 900.00 1,100.00 510.00 150.00 Session, November 23, 1964 Leo 9,400.00 47,710.00 18,354.50 18,866.50 14,632.00 12,760.00 69,136.00 15,952.00 Attest: To From All measured from office re- located centerline of proposed high. way as shown on plans for said project. NOW THEREFORE BE IT RE. SOLVED BY THE CITY COUNClL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the proposed form of contract by and between the City of Dubuque, Iowa and the Iowa State Highway Commission, marked Exhihit A, with copy of plat attached hereto and hy refer. ence made a part hereof, convey- ing the sale hy the City of Du. buque, Iowa, and purchase by the Iowa State Highway Commission of approximately 0.16 acres for right of way to relocate U.S. High. way #52 all located in Lot 2 of Oakwood Park Sub. in Section 11, Twp. 89 N. Range 2E, Duhuque County for the sum of $180.00 be and the same is hereby approved. Section 2. That the Mayor and City Clerk be and they are hereby authorized and directed to execute said contract in the substantial form of Exhihit "A" with plat at. tached, hereto and by reference made a part hereof, provided that said contract first contain the writ- ten approval of the City Man~ger, City Engineer and City Solicitor endorsed thereon and that same be Special 1964 way and grant temporary right of eutry to shape the slopes along this parcel. It is agreed that said temporary right of entry shall terminate upon completion of this road project. The total price of- fered for the right of way is $180. I believe that the transaction is an equitahle one for the City and recommend that the Mayor and City Clerk of authorized to execute a contract with the State Highway Department according to the above terms; issue a quit claim deed for property to be purchased as right of way, and that the clerk be authorized to publish notice and set a date for public hearing on the disposal of the land. I recommend that this authority be granted subject to the approval of the Dubuque Park Board. 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: Yeas-Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays-None. RESOLUTION NO. 270-64 A Resolution authorizing the Mayor and City Clerk to sign 8 contract and issue a quit claim deed for the transfer of land for right of WIly purposes relocated U. S. Highway #52. WHEREAS, U.S. Highway #52 is being relocated by the Iowa State Highway Commission along land known as Oakwood Park Lot 2 in Section 11, Twp. 89 N. Range 2 E. Dubuque County; and WHEREAS land is needed for right of way as described on State Form R.O.W. 90 "Plat of Property" and Form 475-S "Contract", such land being described as project F.148, Parcel 15, Relocating U.s. #52, Section 11, Twp. 89 N., Range 2 E., Duhuque County to wit: From station 100 + 01.88 + to station 103 + 0%.61 p.r. a strip 50 feet wide, west side. From station 103 + 02.61 .P.r. to station 110 + 27 + cll rd. a strip 50 feet wide, west side. Temporary right of way entry only from State 100 + 01.88 + to statiou 109 + 94 a strip 55 feet wide, west side. 23, Special Session, November locations to solicit funds for the benefit of their Yuletide program, presented and read. Councilman Takes moved that the petition be referred to the Mayor and City Manager. Seconded by Councilman Pfohl. Carried by the following vote: Yeas - Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takas. Nays--None. Petition of Fondell '" Sons, Inc. requesting permission to excavate in Garfield Ave. at Emerson Street, presented and read. Councilman Ludwig moved that the petition be granted. Seconded by Councilman Takos. Carried hy the following vote: Yeas - 'Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays-None. Petition of Mrs. Arthur Duggan requesting a refund of $50.00 on the unexpired portion of cigarette license No. 232, as she has discon- tinued business on November 14, 1964, presented and read. Coun- cilman Takos moved that the peti. tion be granted and the Auditor instructed to issue proper warrant. Seconded by Councilman Ludwig. Carried by the following vote: Yeas - Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takas. Nays-None. Petition of Mrs. Arthur Duggan requesting a refund of $100. on the unexpired portion of Class UB" beer license No. 65, as she has discontinued business on No- vember 14, 1964, presented and read. Councilman Takas moved that the refund be granted and the Auditor instructed to issue proper warrant. Seconded by Councilman Ludwig. Carried by the following vote: Yeas - Mayor Horgan, Council. men Kean, Ludwig, Pfohl, Takas. Nays-None. November 19, 1964 To the Honorable Mayor and City Council Gentlemen: I have a contract from Mr. W. B. Gnthrie, Right of Way Agent, Iowa State IDghway Commission, with a proposal to purchase outright ap- proximately 0.16 aeres of right of way along U. S. Highway 52. The conditions of the contract will be that the city will sell out. right approximately 0.16 acres of land for the purpose of right of "1111~' ~"~> 420 occupied by such applicants were erly city limits to South Locust inspected and found to comply Street and to place a flasher on with the State Law and all City the south shoulder 500 feet west ordinances relevant thereto and of the K-Mart entrance. Seconded they have filed the proper bonds; by Councilman Takos. Carried by NOW THEREFORE BE IT RE- the following vote: SOLVED by the City Council of Yeas - Mayor Horgan, Council. Dubuque, Iowa, that the Manager men Kean, Ludwig, pfohl, Takos. be authorized to cause to be issued Nays-None. to the following named applicants There being no further business a Liquor Permit. Mayor Horgan moved to adjourn. CLASS "C" COMMERCIAL Seconded hy Councilman Pfohl. ESTABLISHMENT Carried hy the following vote: Karl Henry Oleson, 1701 Asbury Yeas _ Mayor Horgan, council- Street men Kean, Ludwig, pfohl, Takos. ~assed, adopted and approved Nays-None. thiS 23rd day of November, 1964. Leo F. Frommelt Rohert J. Horgan City Clerk Mayor Richard Ludwig Peter J. Takos Eldon A. Pfohl James J. Kean Councilmen 423 Special Session, November 23, 1964 'I ~ .1965. ...1965. Clerk City [. I. I 1- I I I I I l Approved Councilmen Attest: Adopted Attest: Leo F. Frommelt City Clerk Councilman pfohl 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. Councilman Takos mentioned the traffic hazard at the entrance to the K.Mart. After some discussion on the subject Councilman Pfohl moved that the speed limit be changed on both sides of the road to 35 miles per hour from the west- ~ . 1,650.00 450.00 18,000.00 1,000.00 1,400.00 700.00 500.00 500.00 General Assembly, 1963. CLASS "C" COMMERCIAL ESTABLISHMENT Karl Henry Oleson, 1701 Asbury Street Passed, adopted and approved this 23rd day of November, 1984. Robert J. Horgan Mayor Richard Ludwig Peter J. Takos Eldon A. pfohl James J. Kean Councilmen Attest: Leo F. Frommelt City Clerk Councilman Pfohl moved the adoption of the resolution. Second- ed hy Councilman Kean. Carried by the following vote: Yeas - Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays-None. RESOLUTION NO. 273-64 WHEREAS, applications for Liq. uor Permits were filed by the with- in named applicants and they have received the approval of this Coun- cil, and WHEREAS, the premises to be Special Session, November 23, 1964 1,650.00 350.00 350.00 1,400.00 100.00 600.00 450.00 18,000.00 300.00 3,150.00 5,850.00 34,714.00 19,344.00 42,158.00 18,000.00 521,510.80 8,590.00 17,841.80 13,687.00 6,600.00 148,890.00 114,900.00 37,250.00 13,356.00 21,417.00 43,426.59 60th llem 136-Air Pollution Control.................. Item Misc.-Refunds (Beer. Cigarettes-Liquor) STREET FUND llem 128--81. Repair & Grading ................ 35,184.00 llem 131~t. Administration 18,894.00 llem 141~now Removal.... 60,158.00 llem 1331-City Garage Bldg. Acct. ............ -0- PUBLIC SAFETY FUND Item 119-Fire Department ..522,510.80 Item 119E-Fire Equipment.. 8,290.00 llem 120-Police & Fire Alarm Systems ................ 17,291.80 Item 148E-Ambulance ........ 13,337.00 SANITATION FUND Item 162 J-1-City Share Spec. Sewer Tax ............ 8,000.00 Item 134-Rubbish & Garbage, Ash & Can Col. ..147,490.00 RECREATION FUND Item 144A-Park Adminis. tration .................. 13,256.00 Item 144B-Park Areas & Bldg. ......................115,600.00 Item 144C-Park improve- ment ...................... 36,650.00 Item 145A-Recreation Admin- istration ................ 21,917.00 Item 145B-Outdoor Recrea. 42,926.59 Passed, adopted and approved this 23rd day of November, 1984. Robert J. Horgan . Mayor Richard Ludwig Peter J. Takos Eldon A. pfohl James J. Kean Councilmen Attest: Leo F. Frommelt City Clerk Councilman Takas moved the adoption of the resolution. Sec- onded by Councilman Ludwig. Car- ried by the following vote: Yeas - Mayor Horgan, Council. men Kean, Ludwig, pfohl, Takos. Nays-None. RESOLUTION NO. 272-64 WHEREAS, applications for Liq- uor Permits have been submitted to this Council for approval and the same have been examined. NOW THEREFORE BE IT RE- SOLVED, by the City Council of the City of Dubuque, Iowa, that the following applications be grant. cd and licenses issued upon the compliance with the terms of the IOWA LIQUOR CONTROL ACT- CHAPTER 123-as amended by the 1"1"ln_i" 4,800.00 4,200.00 ;"-'" 422 425 City of Dubuque, Iowa: Secti-on 1. That the offer of Mu- tual Wheel Company. a Company of Moline, illinois to purchase the following described real estate, to- wit: Lot 2 of Chemical Subdivision in the City of Duhuque, Iowa, for the sum of $25,000.00 he and the same is hereby accepted. Section 2. That the City Clerk be and he is hereby authorized and directed to publish notice of intent to dispose of interest of real estate owned by the City of Dubuque, Iowa, as is by law reo 1uired. Passed, adopted and approved this 30th day of November, A.D., 1964. ~ ~. Attest: Leo F. Frommelt City Clerk Councilman Kean moved the adoption of the resolution. Second- WHEREAS, by written communi- ed by Counc~lman Takas. Carried cation dated November 23 1964 hy the followmg vote: MUTUAL WHEEL COMPANY, ~ Yeas - Mayor. Horgan, Council. company of Moline, illinois, offered men Kean, LudwIg, Takas. to purchase certain real estate for Nays-None.. the sum of $25,000.00 which real Ab~ent-Councllman pfo~J. estate is described as follows: Pet.lhon of ~~nk E. MIller r.e- Lot 2 of Chemical Subdivision in qu.estI?g permIssIOn ~o excavate lD the City of Dubuque, Iowa; and WllbrlCht Lane to mstall sewer, WHEREAS, the Mayor's Indus- water .and gas, pr~sented and read. trial Committee consisting of Hon- CouncIlman LudwIg moved that the arable Robert Horgan, Mayor of reque~t be granted. Se~onded by City of Dubuque, Iowa, Don Muel- Counc~lman Takas. CarrIed by the ler, Chairman of Board of Dock followmg vote: . Commissioners, and Robert Dor- Yeas - Mayor. Horgan, Council- othey, Manager, Dubuque Indus- men Kean, LudwIg, Takos. trial Bureau, by written communi- Nays-None.. cation to the City Council of City Absent-Councilman Pfohl. of Dubuque, Iowa, have recom- RESOLUTION NO. 275-64 mended the sale of said real es. WHEREAS, the Municipal Park. tate to said company; and iug Garage located in block bound- WHEREAS, said company has ed on the East hy Locust Street, agreed to pay the sum of Twenty. on the North hy Ninth Street, on Five Thousand ($25,000.00) Dol- the West hy Biuff Street and on 1ars for the purchase of said real the South by Eighth Street is in estate and has paid the amount of such a present state as will accom- $2,500.00 as earnest money pay- modatc the parking of motor ve- ment and desire to acquire title hicles to a limited capacity; and in the names of Helen M. Engstrom WHEREAS, it is necessary and and David E. Engstrom as joint ten. in the best public interest that dur- ants with right of survivorship and iug the interim period between not as tenants in common. the present limited accommodation NOW THEREFORE BE IT RE- of motor vehicles therein and the SOLVED hy the City Council of the final completion of said Municipal Commissioners of the buque, Iowa: Section 1. That the Board of Dock Commissioners recommends to the City Council of City of Du. buque, Iowa, that the sale to Mu- tual Wheel Company for the sum of $25,000.00 of the following de. scribed real estate, to.-wit: Lot 2 of Chemical subdivision in the City of Dubuque, Iowa, as the sale of said real estate to said Corporation would serve the best interests of the public. Board of Dock Commissioners By Don Mueller Joe R. VoelY-:r Vincent J. Laiser Attest: Joe R. Voelker Secretary Mayor Horgan moved that the resolution be received and made a matter of record. Seconded by Councilman Takos. Carried by the following vote: Yeas - Mayor Horgan, Council men Kean, Ludwig, Takos. Nays-None. Absent-Councilman Pfohl. RESOLUTION NO. 274-64 Robert J. Horgan Mayor Richard Ludwig Peter J. Takos James J. Kean Councilmen Special Session, November 30, 1964 Du. of City Rohert E. Dorothy, Manager Dubuque Industrial Board Councilman Takos moved that the communication be received and made a matter of record. Sec- onded by Councilman Kean. Car- ried by the following vote: Yeas - Mayor Horgan, Council. men Kean, Ludwig, Takas. Nays-None. Absent-Councilman Pfohl. Mayor Horgan moved that the rules be suspended in order to let anyone present address the Coun- cil if they so desire. Seconded by Councilman Ludwig. Carried by the following vote: Yeas - Mayor Horgan, Council- men Kean, Ludwig, Takos. Nays-None. Ahsent - Councilman Pfohl. Mr. Robert Dorothy, Manager Dubuque Industrial Bureau, it was thought hest to sell the property outright and forego the amount of lease rental monies. The Mutual Wheel Company was organized in 1893 being an old line company with excellent finances. The plan is to erect a building of approxi- mately ten thousand square feet in area. They deal in accessories and component parts of truck chas~ sis. The company would employ from six to eight people to start with. 'nl.~" ~~ Special Session, November 30, 1964 CITY COUNCIL (OFFICIAL) November 30, Council met Noon (C.S.T.) Present - Mayor Horgan, Coun- cilmen Kean, Ludwig, Takos. City Manager Gilbert D. Chavenelle. Absent-Councilman Pfohl. o'clock Mayor Horgan read the call and stated that service thereof had been duly made and this meeting is called for the purpose of setting a date of public hearing to con- sider proposal to dispose of Lot 2 of Chemical Subdivision and also to consider any other business which may properly come before a regular meeting of the City Coun- cil. DOCK BOARD RESOLUTION NO. 15-64 WHEREAS, by written communi- cations dated November 23, 1964, MUTUAL WHEEL COMPANY, a corporation of Moline, DIinois, of- fer to purchase Lot 2 of Chemical Subdivision in the City of Du- buque, Iowa, containing approxi- mately 1.34 acres for the sum of Twenty.five Thousand ($25,000.00) Dollars; and WHEREAS, the Mayor's Indus. trial Committee consisting of Hon- orable Robert Horgan, Mayor of City of DUbuque, Iowa, Don Muel- ler, Chairman of Board of Dock Commissioners, and Robert Doro- thy, Manager, Dubuque Industrial Bureau, have recommended the sale of said real estate to said firm; and WHEREAS, the said Corporation has made an earnest money pay- ment in the sum of $2,500.00 upon the purchase of said real estate. NOW THEREFORE BE IT RE. SOLVED hy the Board of Dock 1964 City Council of Gentlemen: After careful appraisal of the economics involved, land prices, development potential, ,and other contributing factors, this Commit- tee respectfully recommends that the following parcel of City-owned land he sold to the Mutual Wheel Corporation of Moline, illinois for the purpose of erection of a builc, ing and business at the following location: 1. Lot 2 of Chemical sub-division containing approximately 1.34 acres, fronting on Jones Street, and adjacent to the nlinois Cen. tral Railroad Company tracks. Sale price of the property to he $25,000 in cash, a hinder check in earnest deposited here. with in the amount of $2,500 by the huyer. This recommendation carries the approval of the Board of Dock Commissioners, who have agreed to use their legal pow- ers in the removal of residual concrete which was dumped on the premises without permis- sion of the Dock Board. Respectfully submitted: Mayor's Industrial Committee Robert Horgan, Mayor City of Dubuque Don Mueller, Chairman Board of Dock Commis- sioners '_:oIi ""~ffl'-;""'~: 12:00 November 25, Dubuque 2. 3. Session, at Special 1964. 424 ;1 ~ ~ Richard Ludwig Peter J. Takos James J. Kean Councilmen Attest; Leo F. Frommelt City Clerk Councilman Takos moved the adoption of the resolution. Second- ed by Councilman Ludwig. 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 Ludwig. Carried by the following vote: Yeas - Mayor Horgan, Council- men Kean, Ludwig, Takos. Nays-None. Absent-Councilman pfohl. Leo F. Frommelt City Clerk 965. 965. Special Session, November 30, Approved Adopted Councilmen ..................................... City Cierk 1964 AlteIt Parking Garage that reasonable fees and charges be fixed for the parking of motor vehicles in said ramp be fixed during said interval and that the hours of parking of motor vehicles therein be estab- lished: and WHEREAS, the City Manager of the City of Dubuque, Iowa, should be directed, authorized and em- powered to fix the hourly, daily and monthly rates for the parking of motor vehicles therein and should be authorized and empow. ered to fix the hours governing the parking of such motor vehicles therein. NOW THEREFORE BE IT RE- SOLVED by the City Council of City of Dubuque, Iowa: Section 1. That the City Man. ager of the City of Dubuque, Iowa, be and he Is hereby directed, au- thorized and empowered to fix the rates and charges and establish the hours for the parking of mo- tor vehicles in the Municipal Park- ing Garage located in the City of Dubuque, Iowa, commencing on the 2nd day of December, 1964. Section 2. That the City Manager of City of Dubuque, Iowa, shall post notice of such rates, charges and hours governing the parking of motor vehicles in the Municipal Parking Garage at a conspicuous place at the entrances to said Mu- niCipal Parking Garage and that a copy thereof be placed on file in the office of the City Clerk for public inspection at all reasonable times. Passed, adopted and approved thia 30th day of November, A.D., 1964. Robert J. Horgan Mayor 426 1fllil+--