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1963 April Council Proceedings 'I I 83 1, 1963 Session, April Regular Board of Health OFFICIAL Regular Session, April 1, 1963. Board met at 7:20 P.M., C.S.T. Present-Chalrman James J. Kean, Messrs. Robert J. Horgan, Louis SChaller, John P. Schreiber, Peter J. Takos. Dr. Albert J. Entringer. Communication of Iowa State Department of Health approving license to operate a mobile park issued to Hawkeye Trailer Court, presented and read. Mr. Louis Schaller moved that the communi- cation be reeeived and filed. Sec- onded by Chairman James J. Kean. Carried by the following vote: Chairman James J. Kean, Messn. Robert J. Horgan, Louis Schaller, John P. Schreiber, Peter J. Takos. Nays-None. There lteing no further business Mr. John P. Schreiber moved that the Board of Health meeting ad- journ. Seconded by Mr. James J. Kean. Carried by the follOWing vote: Yeas-Chairman James J. Kean, Messrs. Robert J. Horgan, Louis Schaller, John P. Schreiber, Peter J. Takos. Nays-None. LEO F. FROMMELT, Clerk Board of Health Approved ................ ..1963 Adopted ......... ...... ....1963 1---- Members of .................................... Bd. of Health .................................... /.................................... t.................................... Attest ................................................ Clerk Board of Health. , =-.,............'.. - r------- 85 Councilman Schreiber moved that Farragut street from the W. P. L. of Rhomberg Avenue 100' west to the W. P. L. of Lot 385 in Ham's Addition be deleted from the City of Dubuque 1963 Concrete Curb & Gutter Project No. 1. Seconded by Councilman Takos. Carried by the fOllowing vote: Yeas - Mayor Kean, Council- men Horgan, SchaUer, Schreiber, Takos. Nays-None. Councilman Schreiber moved that Ridgeway street from the W. P. L. of Born Avenue to the E. P. L. of Missouri Avenue;Mont~ crest Street from the W. P. L. of Lot 37 Pleasantview Sub. to the W. P. L. of Hempstead street; Farragut street from the W. P. L. of Rhomberg Avenue 100' west to the W. P. L. of Lot 385 in Ham's Addition be deleted from the City of Dubuque 1963 Bituminous Con- crete Paving Project No.1. Sec- onded by Councilman Horgan. Carried by the fOllowing vote: Yeas - Mayor Kean, Council- man Horgan, Schaller, Schreiber, Takos. Nays-None. Councilman Takas moved that Melrose Terrace from the E. P. L. of Paulina street to the E. P. L. of Alpine Street be deleted from the City of Dubuque 1963 Bitum- inous Concrete Paving Project No. 1. Seconded by Councilman Schal- ler. Carried by the following vote: Yeas - Mayor Kean, Council- men Horgan, Schaller, Schreiber, Takas. Nays-None. . I 1, 1963 Regular Session, April ed by Councilman SChaller. Car- ried by the following vote: Yeas - Mayor Kean, Council men Horgan, Schaller, Schreiber. Takos. Nays-None. Councilman Schaller moved that the rules be suspended in or- der to let anyone present address the Council if they so desire. Seconded by Councilman Takos. Carried by the following vote: Yeas - Mayor Kean, Council- men Horgan, Schaller, Schreiber, Takas. Nays-None. Mr. Edward Deppe addressed the Council objecting to the pro- posed improvement of Farragut street. Paul Frommelt, Bruce McDonald and Art Wertzberger Objected to the proposed suriac- iug of Melrose Terrace. Wm. Pet- ers and Mr. Vance objected to the proposed surfacing of Lowell street. Mr. McEvoy objected to the proposed pavement of COllege Street due to distress cases. Mr. Ray Dean, R. Vyverberg, Ed Beard, John Lesch, objected to the proposed suriacing of Earl Drive because of settling condi- tions. Mrs. Ruth Falk made in- quiry as to septic tank hook-ups and sidewalks in the Earl Drive area. Mr. and Mrs. Leo Adams objected to the proposed suriac- ing of Robin Street. Mr. Joe Kuef- ler expressed himself as being in favor of surfacing Ruann Drive. Thomas Smith, Mr. Backes and Mary Murray, residents of Loras Blvd., made inquiry as to the type of the proposed surfacing of Lor~ as. Mr. Norman Pauly addressed the Council by stating that the proposed surfacing of Pennsylvan. ia avenue would be a hardship on him. Mrs. Cosgrove stated that surfacing of W. 3rd Street would bea distinct hardship on her. Proof of Publication, certified to by the Publisher, of Notice of Pendency of Resolution of Neces- sity for public improvements and hearing upon proposed plans and specifications, form of contract and cost of improvements for the Mr. Robert Reilly was the spokesman for the residents on Walsh street Objecting to the pro- posed suriaeing of the street. Mr. Wm. E. Rink requested that con~ sideration be given to the improv. ing of Montcrest Street. Councilman Schaller moved that Ridgeway street from the W. P. L. of Born Ave. to the E. P. L. of Missouri avenue and Montcrest street from W. P. L. of Lot 37 Pleasantview Sub. to W. P. L. of Hempstead street be deleted from the City of Dubuque 1963 Con- crete Curb & Gutter Project No.!. Seconded by Councilman Schrei- ber. Carried by the fOllowing vote: Yeas - Mayor Kean, Council~ men Horgan, Sch'aller, Schreiber, Takos. Nays-None. Session, April 1, 1963 Carried by the following vote: Yeas - Mayor Kean, Council~ men Horgan, Schaller, Schreiber, Takos. Nays-None. Petition of Edward A. Beard et al (19 signers) objecting to the proposed surfacing of Earl Drive, presented and read. Councilman Takos moved that the petition be received and filed. Seconded by Councilman Schaller. Carried by the following vote: Yeas - Mayor Kean, Council. men Horgan, Schaller, Schreiber, Takos. Nays-None. Petition of Robert C. Reilly et al (seven signers) objecting to the proposed surfacing of Walsh Street, presented and read. Coun- cilman Takos moved that the peti- tion be received and filed. Second~ ed by Councilman Schaller. Car~ ried by the following vote: Yeas - Mayor Kean, Council~ men Horgan, Schaller, Schreiber, Takos. Nays-None. Petition of Raymond F. Dean et al (fourteen signers) objecting to the proposed surfacing of Ruann Drive and Ideal Lane, presented and read. Councilman Takas mov. ed that the petition be received and filed. Seconded by Council- man Schaller. Carried by the fol- lowing vote: Yeas - Mayor Kean, Council~ men Horgan, Schaller, Schreiber, Takos. Nays-None. , Petition of B. J. Kuefler et a1 (five signers) supporting proposal for the SUrfacing of Ruano Drive and Ideal Lane, presented and read. Councilman Takos moved that the petition be received and filed. Seconded by Councilman Schaller. Carried by the following vote: Petition of Audrey Randall et al (twenty-three signers) objecting to the proposed surfacing of College Street, presented and read. Coun- cilman Takos moved that the peti- tion be received and filed. Second- OFFICIAL Regular Session, April 1, 1963. Council met at 7:30 P.M. C.S.T. Present - Mayor Kean, Council~ men Horgan, Schaller, Schreiber, Takos. City Manager Gilbert D. Chavenelle. Mayor Kean read the call and stated that this is the regnlar monthly meeting of the City Council for the purpose of acting upon such business as may prop- erly come before the meeting. Petition of Edward A. Deppe et al (six signers) requesting the installation of curb and gntter and paving of Farragut street, pre~ sented and read. Councilman Tak- os moved that the petition be re- ceived and filed. Scconded by Couneilman Schaller. Carried by the following vote: Yeas - Mayor Kean, Council. men Horgan, Schaller, Schreiber, Takos. Nays-None. Petition of Edward A. Deppe et al (five signers) objecting to the improvement of Farragnt Street, presented and read. Councilman Takos moved that the petition be received and filed. Seconded by Councilman Schaller. Carried by the following vote: Yeas - Mayor Kean, Council. men Horgan, Schaller, Schreiber, Takos. Nays-None. Ye'as - Mayor Kean, Council. men Horgan, Schaller, Schreiber, Takos. Nays-None. Petition of Merle J. Woerdehoff et al (eight signers) objecting to the proposed paving of Robin Street, presented and read. Coun~ cilman Takos moved that the peti- tion be received and filed. Sec~ onded by Councilman Schal!l!r. Carried by the following vote: Yeas - Mayor Kean, Council~ men Horgan, Schaller, Schreiber, Takos. Nays-None. Petition of F. G. Leonard et al (thirty two signers) objecting to the proposed suriacing of Melrose Terrace, presented and read. Coun- cilman Takos moved that the peti- tion be received and filed. Sec- onded by Councilman Schaller. Regular CITY COUNCIL .r I. 84 I 87 Session, April 1, of April, 1963, at 7:30 o'clock P.M. at the Council Chambers in the City Hall for the purpose of hear- ing all interested parties and con. sidering any and all objections which 'have been filed to the pro- posed plans, specifications or con- tract for or cost of the improve- ment herein described and pro- posed to be made; and WHEREAS, all interested par- ties have been given an opportun- ity to 'be heard and all objections which have been duly weighed and considered; now, therefore BE IT RESOLVED by the City Council of the City of Dubuque, that all objections which have been made ~nd filed to the plans, specifications, contract for or cost of said improvement herein de- scribed and proposed to be made. be and the same hereby overruled and such plans, specifications and form of contract heretofore ap- proved are hereby adopted. BE IT FURTHER RESOLVED that this resolution contalnlng the decision of this Council upon all objections which 'have been filed to the plans, specifications and form of cost said improvement be made a matter of permanent rec~ ard in connection with said im- provement. Passed, adopted and approved this 1st day of April, 1963. JAMES J. KEAN Mayor JOHN P. SCHREffiER PETER J. TAKOS WUIS SCHALLER ROBERT J. HORGAN Counci1men Attest: LEO F. FROMMELT, City Clerk Councilman Schreiber moved. the adoption of the resolution. Seconded by Councilman Takos. Carried .by the following vote: Yeas - Mayor Kean, Council- men Horgan, Schaller, Schreiber, Takos. Nays-None. (Ordering Conltructlon) RESOLUTION NO. 60-63 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE that pursuant to a resolution of necessity No. 4Hl3 which was duly passed by this Council, for the construction of: CITY OF DUBUQUE 1963 CON- 1963 Regular contractor. The railway portion of any street or assessment dis~ trict shall be assessed to and paid by the railway company. The above resolution was intro- duced, approved and ordered plac- ed on file with the City Clerk this 4th day of March, 1963. RECORD OF FINAL ADOPTION The foregoing resolution was finally passed and adopted, as amended, by the City Council this 1st day of April 1963. JAMES J. KEAN Mayor JOHN P. SCHREffiER PETER J. TAKOS LOUIS SCHALLER ROBERT J. HORGAN Councilmen Attest: LEO F. FROMMELT City Clerk Councilman Schreiber moved the final adoption of the resolu- tion. Seconded by Councilman Takos. Carried by the follOwing vote: Yeu - Mayor Kean, Council. men Horgan, Schaller, Schreiber, Takos. Nays-None. Decision of Council upon obltc- tions to plans, specific'ltlons, form of contract and cost of im- provements. RESOLUTION NO. 59-63 WHEREAS, proposed plans and specifications and form of con- tract for the City of Dubuque 1963 Concrete Curb and Gutter Project No.1 1. Huff Street from the south property line of Railroad Ave. to the south end of Huff street extended. 2. Rosedale Ave.-2oo feet north side of street at the Audubon street intersection. have been approved by the City Council of the City of Dubuque and public notice given as pro- vided by Chapter 23 of the Code of Iowa, 1962, pertaining to pub- lic contracts and bonds, and the time and place fixed for the hear- ing of all objections to said plans, specifications or contract for or cost of such improvements, said time being this 1st day of April, 1963; and WHEREAS, the City Council met in regular session this 1st day , April 1, IN_IIlty for Improvtment) RESOLUTION NO. 41-63 WHEREAS, proposed plans, specifications, form of contract, plat and schedule have been duly prepared and approved by the City Council of the City of Du- buque and are now on file in the office of the City Clerk showing among other things the following: 1. The assessments limits of each street to be improved. 2. The streets to be improved. 3. The width of such improve- ment. 4. Each lot proposed to be as- sessed together with a valuation ftaed by the council. 5. An estimate of the cost of the proposed improvement, stating the same for each different type of construction and kind of ma- terial to be used. 6. In each case the amount thereof which is estimated to be assessed against each lot for the City of Dubuque 1963 Concrete Curb and Gutter Project No. 1 on the following streets: 1. Huff St. from the south prop- erty line of Railroad Ave. to the south end of Huff St. ex- tended. 2. Rosedale A ve.-200 feet north side of street at the Audubon St. intersection. Said improvement shall be con- structed and done in accordance with the plans and specifications which have been prepared there- for by the City Engineer which have been approved by the City Council and are now on file with the City Clerk. Th~t the cost and expense of making sald Improve- ment will be assessed upon and against all privately owned prop- erty lying within assessable dis- tance provided by law and in an amount not to exceed the amount provided by law, property will be assessed whether the same abuts thereon or is adjacent thereto according to area and in propor- tion to the special benefits con- ferred thereby, and any deficiency shail be paid out of the general fund. Street Bonds shall be issued and sold in anticipation of defer- red payments of assessments when a contract has been per- formed and accepted and the pro- ceeds thereof used to pay the 1963 Regular Session, construction of City of Dubuque 1963 Concrete Curb & Gutter Pro. ject No. 1 on the following named streets, Ridgeway, Huff, Mont- crest, Rosedale and Farragut, pre- sented and read. Councilmsn Schreiber moved that the proof of publication be received and filed. Seconded by Councilman Schaller. Carried by the follow- iog vote: Yeas - Mayor Kean, Council- men Horgan, Schaller, Schreiber, Takos. Nays-None. 86 R~SOLUTION NO. 58-63 RESOLUTION AMENDING RESO- LUTION NO. 41~ BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, lOW A: Section 1. That Resolution No. 41-63, being the Resolution of Necessity for the City of Dubuque 1963 Curb and G14ter Project No. 1. Be and the same is hereby amended by deleting the follow- ing portions of the follOwing named streets therefrom: 1. Ridgeway Street from the west property line of Born Ave. to the east property line of Mis- souri Avenue. 2. Montcrest Street from the west property line of Lot 37 Pie.... antview Sub. to the west prop- erty line of Hempstead St. 3. Farragut street from the west property line of Rhomberg Ave. 100' west to the west property line of Lot 385 in Ham's Addn. Passed, adopted and approved this 1st day of April, 1963. JAMES J. KEAN Mayor JOHN P. SCHREffiER WUIS SCHALLER PETER J. TAKOS ROBERT J. HORGAN Councilmen Attest: LEO F. FROMMELT, City Clerk Councilman Schreiber moved the adoption of the resolution. Seconded by Mayor Kean. Carried by the following vote: Yeas - Mayor Koso, Council- men Horgan, Schaller, Schreiber, Takos. Nays-None. I' II Ii 'I II I' !I I April 1, 1963 89 St. to the south property line of Douglas St. 3. Rosedale Ave. from the south property line of West Locust St. to the west property line of Lot 31 of Rosedale Add. 4. Lowell St. from the east proper_ ty line of Harold 8t. to the east property line of Abbott St. 5. College St. from the north property line of Langworthy St. to the south property line of West Fifth St. 6. Ruann Drive from the south property line of Pennsylvania Ave. to the north property line of Ideal Lane. 7. Ideal Lane from the west prop.. erty line of Earl Drive to the east end of the street. 8. Earl Drive from the south property line of Pennsylvania Ave. to the north property line of Ideal Lane. 9. West Fifth St. from the west property line of Gilmore St. to the east property line of Lot 12 in Coriell's DUbuque. 10. Walsh Street from the south property line of Douglas St. to the south property line of West Third St. 11. Van Buren St. from the west property line of Drexel Ave. to the south property line of Pennsylvania Ave. 12. Robin St. from the west prop.. ertyline of English Lane to the west end of street. 13. Summit St. from the south property line of We.t Fifth St. to the north property line of West Third St. BE IT THEREFORE RESOLVED that the City Council on its own motion or upon petition of prop.. erty owners, deems it advisable and necessary for the publIc wel- fare to make the hEttein meD- tioned improvement, and unless property owners at the time of the final consideration of this pro~ posed resolution have on file with the City Clerk objections to the amount of the proposed assess- ments, they shaI1 be deemed to have walved all objections there- to. Sald improvement shall be con- structed and done in accordance with the plans and specifications which have been prepared there- for by the City Engineer which have been approved by the City Regular Session, race to the south property line of West 5th Street. 5. Farragut street from the west property line of Rhomberg Ave. 100' west to the west property line of Lot 385 in Ham's Addition. Passed, adopted and approved this 1st day of April, 1963. JAMES J. KEAN Mayor JOHN P, SCHREIBER PETER J. TAKOS LOUIS SCHALLER ROBERT J. HORGAN Councilmen Attest: LEO F. FROMMELT, City Clerk Councilman Schaller moved the adoption of the resolution. Sec- onded by Councilman Horgan. Carried by the following vote: Yeas - Mayor Kean, Council- men Horgan, Schaller, Schreiber, Takos. Nays-None. (Neeo..11y for Improvoment) RESOLUTION NO. 45-63 WHEREAS, proposed pIa n s, specifications, form of contract, plat and schedule have been duly prepared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk show- ing among other things the fol- lowing: 1. The assessment limIta of each street to be improved. 2. The streets to be improved. 3. The width of such improve- ment. 4. Each lot proposed to be ss- sessed together with a valuation fixed by the council. 5. An estimate of the cost of the proposed improvement, stat- ing the same for each different type of construction and kind of material to be used. 6. In each case the amount thereof which is estimated to be assessed against each lot, for the City of DUbuqne 1963 Bituminous Concrete Paving Project No. 1 on the follOWing named streets: 1. Langworthy St. from .the west property line of Alpine St. to the west property line of Col- lege St. 2. Parkway St. from the south property line of Langworthy April 1, 1963 Councilman Schreiber moved the adoption of the resolution. Seconded by Councilman Takes. Carried by the following vote: Yeas - Mayor Kean, Council- men Horgan, SChal1er, Schreiber, Takos. Nays-None. Proof of Publication, certified to by the Publisher, of Notice of Pendency of Resolution of Neces- BE IT FURTHER RESOLVED sity for Public improvements and that the cost and expense of said hearing upon proposed plans and improvements be paid for by levy- specifications, form of contract ing special assessments against and cost of improvements for the the privatelY owner property lY- construction of City of Dubuque ing within the sssessable distance 1963 Bituminous Concrete Pav- from the improvements, whether ing Project NO.1 on the following such property abut upon the same named streets: Langworthy, Ridge- or are adjacent thereto, according way. Montcrest, Parkway, Melrose to the area thereof and in propor- Terrace, Rosedale, Lowell, College, tion to the special benefits con- Ruann Drive, Ideal Lane, Earl ferred, and any deficiency will Drive, West Fifth, Walsh, Van be paid out of the general, im- Buren, Robin, Summit, Pauiina, provement, or sewer funds of the Farragut, presented and read. city, or partly from each of such Councilman Schreiber m 0 v e d funds. Payment will be made to that the proof of publication be the contractor out of funds real- received and filed. Scconded by !zed from the sale of bonds. Councilman Horgan. Carried by Street Improvement bonds to be the following vote: issued in anticipation of deferred Yeas - Mayor Kean, Council- payments of assessments as pro- men Horgan, Schaller, Schreiber, vlded by law after the work has Takes. been completed and accepted by Nays-None. the City Council. RESOLUTION NO. 61-63 RESOLUTION AMENDING RESOLUTION NO. 45-63 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Resolution No. ~3, being the Resolution of Necessity for the City of Dubuque 1963 Bituminous Concjrete Sur- facing Project No.1, be and the same is hereby amended by delet- ing the following portions of the following named streets there- from: 1. Ridgeway Ave from the west property line of Born Ave. to the east property line of Mis- souri Ave. 2. Monterest St. from the west property line of Lot 37. Pleas- antview Sub. to the west prop.. erty line of Hempstead St. 3. Melrose Terrace from the east property line of Paullna street to the east property line of Al- pine street. 4. Paulina street from the south property line of Melrose Ter. Regular CRETE CURB AND GUTTER PROJECT NO.1 be and the same are hereby or- dered and constructed by this Council upon Its own motion and with or without the petition of property owners. All the work shall be constructed in accordance with the plans and specifications heretofore adopted and now on file in the office of the City Clerk. Session, BE IT FURTHER RESOLVED that the City Clerk .be and he is hereby ordered and directed to advertise for proposals for the construction of the various im- provements herein provided for in the manner provided by law, the said improvements shall be com- pleted on or before 60 days after notice to proceed is issued. BE IT FURTHER RESOLVED that this resolution being deemed urgent and of immediate necessity shall be in force and effect from and after Its passage and adoption by the City Council. Passed, adopted and approved this 1st day of April, 196;1. JAMES J. KEAN Mayor JOHN P. SCHREffiER PETER J. TAKOS LOUIS SCHALLER ROBERT J. HORGAN Councilmen LEO F. FROMMELT, City Clerk '~-<<ii ;w Attest: 88 ---~..,.._~~- ~ I 91 Proof of Publication, certified to by the Publisher, of Notice of Pendency of Resolution of Neces- sity for public improvements and hearing upon proposed plans, spec- ifications, form of contract and cost of improvements for construc- tion of City of Dubuque 1963 Con. crete Paving with Integral Curb Project No.1, on the following named streets; North Grandview, East Sixteenth, Harrison, Loras, University, presented and read. Councilman Schaller moved that the proof of publication be re- ceived and filed. Seconded by Coun- cilman Takos. Carried by the fol- lowing vote: Yeas-Mayor Kean. Councilmen Horgan, Schaller, Schreiber, Takas. Nays-None. (Necessity for Improvement) RESOLUTION NO. 49-63 WHEREAS, proposed plans, spec- ifications, forms of contract, plat and schedule have been duly pre- pared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk showing among other things the following: 1. The assessment limits of each street to be improved. 2. The streets to be improved. 3. The width of such improve- ment. 4. Each lot proposed to be as- sessed together with a valuation fixed by the council. 5. An estimate of the cost of the proposed improvement, stating the same for each different type of construction and kind of materi- al to be used. Passed, adopted and approved this 1st day of April, 1963. JAMES J. KEAN Mayor JOHN P. SCHREIBER PETER J. TAKOS LOUIS SCHALLER ROBERT J. HORGAN Councilmen FROMMELT City Clerk Councilman Schreiber moved the adoption of the resolution. Seconded by Councilman Horgan. Carried by the fOllowing vote: Yeas-----Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Ta- kas. Nays-None. 1, 1963 LEO F. Attest Regular Session, April by Councilman Takos. Carried by the following vote: Yeas - Mayor Kean, Council- men Horgan, Schaller, Schreiber, Takas. Nays-None. (Ordering Construction) RESOLUTION NO. 63-63 Be It Resolved by the City Coun- cil of the City of Dubuque that pursuant to a resolution of neces- sity No. 45-63 as amended which was duly passed by this Council, for the construction of: City of Dubuque 1963 Bituminous Cun- crete Paving Project No. I, be and the same are hereby ordered ~nd constructed by this Council upon its own motion and with or with- out the petition of property own- ers. All the work shall be con- structed in accordance with the plans and specifications hereto- fore adopted and now on file in the office of the City Clerk. Be It Further Resolvcd that the cost and expense of the said im- provements be paid for by levy- ing special assessments against the privately owned property ly- ing within the assessable distance from the improvements, whether such property abut upon the same or are adjacent thereto, according to the area thereof and in propor- tion to the special benefits con- ferred, and any deficiency will be paid out of the general, improve- ment, or sewer funds of the city, or partly from each of such funds. Payment will be made to the con- tractor out of funds realized from the sale of bonds. Street Improve- ment bonds to be issued in antici- pation of deferred payments of assessments as provided by law after the work has been completed and accepted by the City Council. Be It Further Resolved that the City Clerk be and he is hereby or- dered and directed to advertise for proposals for the construction of the various improvements here- in provided for in the manner proVided by law, the said improve- ments shall be completed on or before 90 days after notice tll proceed is issued. Be It Further Resolved that this resolution being deemed urgent and of lnunediate nece'ssity shall be in force and effect from and after its passage and adoption by the City Council. 1, 1963 given as provided by Chapter 23 of the Code of Iowa, 1962, pertain- ing to publiC contracts and bonds, and the time and place fixed for the hearing of all objections to said plans, specifications or con- tract for or cost of such improve- ments, said being this 1st day of April, 1963; and WHEREAS, the City Council met in regular session this 1st day of April, 1963, at 7:30 o'clock P.M. at the Conneil Chambers in the City Hall for the purpose of hearing all interested psrtles and considering any and all objections which have been filed to the pro- posed plans, specifications or con. tract for or cost of the Improve. ment herein described and pro- posed to be made; and WHEREAS, all interested par- ties have been given an oppor- tunity to be heard and all ob- jections which have been dul7 weighed and considered; now, therefore BE IT RESOLVED by the City Couneil of the City of Dubuque, that all objections wtich have been made and filed to the plans, specifications, contract for or cost of said Improvement herein de- scribed and proposed to be made, be and the same hereby over. ruled and such plans, specifica- tions and form of contrsct here- tofore approved are hereby adopt. ed. BE IT FURTHER RESOLVED that this resolution containing the decsiion of this Council upon all objections which have been filed to the plans, specifications and form of cost of said Improvement be made a matter of permanent record in connection with said im- provement. Passed, adopted and approved this 1st day of April, 1lH\3. JAMES J. KEAN Mayor JOHN P. SCHREIBER PETER J. TAKOS LOUIS SCHALLER ROBERT J. HORGAN Councilmen Attest: LEO F. FROMMELT City Clerk Mayor Kean moved the adop- tion of the resolution. Seconded Session, April Councilman Takos moved the final adoption of the resolution. Scconded by Mayor Kean. Carried by the following vote: Yeas - Mayor Kean, Council- men Horgan, Schaller, Schreiber, Takos. Nays-None. Decision of Council upon obiec- tions to plans, specifications, form of contract and cost of im- provements. RESOLUTION NO. 61-63 WHEREAS, proposed plans and specifications and form of con- tract for the City of Dubuque 1963 Bituminous Concrete aurfac. ing Project No. 1 have been ap- proved by the Clty Council of the City of Dubuque and public notice Council and are now on file with the City Clerk. That the cost and expense of making said improve- ment will be assessed upon and against all privately owned prop- erty lying within assessable dis- tance provided by law and in an amount not to exceed the amount provided by law, property will be assessed whether the same abuts thereon or is adjacent there- to according to area and in pro- portion to the special benefits conferred thereby, and any de- ficiency shall be paid out of the general fund. Street bonds shall be Issued and sold in anticipation of deferred payments of asses... ments when a contract has been performed and accepted and the proceeds thereof used to pay the contractor. The railway portion of any street or assessment district shall be assessed to and pald by the railway company. The above resolution was intro- duced, approved and ordered plac- ed on file with the City Clerk this 4th day of March, 1963. RECORD OF FINAL ADOPTION The foregoing resolution was finally passed and adopted, as amended by the City Council this 1st day of April 1963. JAMES J. KEAN Mayor JOHN P. SCHREIBER PETER J. TAKOS LOUIS SCHALLER ROBERT J. HORGAN Attest: LEO F. FROMMELT, City Clerk ~'".,.,."- Regular 90 I 93 BE IT FURTHER RESOLVED that the cost and expense of the said improvements be paid for by levying special assessments against the privately owned property lying within the assessable distance from the improvements, whether such property abut upon the same or are adjacent thereto, according to the area thereof and in proportion to the special benefits conferred, and any deficiency will be paid out of the general, improvement, or sewer funds of the city, or partly from each of such funds. Payment will be made to the con- tractor out of funds realized from the sale of bonds. Street Improve- ment bonds to be issued in anticipa- tion of deferred payments of as- sessments as provided by law after the work has been completed and accepted by the City Council. BE IT FURTHER RESOLVED that the City Clerk be and he is hereby ordered and directed to advertise for proposals for the con- struction of the various improve- ments herein provided for in the manner provided by law, the said improvements shall be completed on or before 90 days after notice to proceed is issued. BE IT FURTHER RESOLVED that this resolution being deemed urgent and of immediate necessity shall be in force and effect from and after its passage and adoption hy the City Council. Passed, adopted and approved this 1st day April, 1963. JAMES J. KEAN Mayor JOHN P. SCHREmER PETER J. TAKOS LOUIS SCHALLER ROBERT J. HORGAN Councilmen Attest: LEO F. FROMMELT City Clerk Councilman Horgan moved the adoption of the resolution. Second- ed by Councilman Kean. Carried by the following vote: Yeas-Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Takos. Nays-None. Proof of Publication, certified to by the Publisher, of Notice of Pendency of Resolution of Neces- sity for publiC improvements and Hearing upon proposed plans and specifications form of contract and 1, 1963 Session, April Regular WHEREAS, all interested parties have f)een given an opportunity to be heard and all objections which have been duly weighed and considered; now, therefore BE IT RESOLVED by the City Council of the City of Dubuque, that all objections which have been made and filed to the. plans, spec- ifications, contract for or cost of said improvement herein described and proposed to be made, be and the same hereby overruled and such plans, specifications and form of contract heretofore approved are hereby adopted. BE IT FURTHER RESOLVED that this resolution containing the decision of this Council upon all objections which have been filed to the plans, specifications and form of cost said improvement be made a matter of permanent record in connection with said improve- ment. Passed, adopted and approved this 1st day of April, 1963. JAMES J. KEAN Mayor JOHN P. SCHREIBER PETER J. TAKOS LOUIS SCHALLER ROBERT J. HORGAN Councilmen Attest: LEO F. FROMMELT City Clerk Councilman Horgan moved the adoption of the resolution. Second- ed by Councilman Schaller. Car- ried by the following vote: Yeas-Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Takos. Nays-None. (Ordering Construction) RESOLUTION NO. 65-63 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE that pursuant to a resolu- tion of necessity No. 49-63 which was duly passed by the Council, for the construction of; CITY OF DUBUQUE 1963 CON- CRETE PAVlNG WITH INTEGRAL CURB PROJECT NO. 1 be and the same are hereby ordered and con- structed by this Council upon its own motion and with or without the petition of property owners. All he work shall be constructed in accordance with the plans and specifications heretofore adopted and now on file in the office of the City Clerk. Session, April 1, 1963 the proceeds thereof used to pay the contractor. The railway portion of any street or assessment dis- trict shall be assessed to and pald by the railway company. The above resolution was in- troduced, approved and ordered placed on file with the City Clerk this 4th day of March, 1963. Record of Finsl Adoption The foregoing resolution was finally passed and adopted, as pro- posed, by the City Council this 1st day of April 1963. JAMES J. KEAN Mayor JOHN P. SCHREIBER PETER J. TAKOS LOUIS SCHALLER ROBERT J. HORGAN Councilmen Attest: LEO F. FROMMELT City Clerk Councilman Schaller moved the final adoption of the resolution. Seconded by Mayor Kean. Carried by the following vote: Yeas-Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Takos. Nays-None. Decision of Council upon objec. tions to plans, specifications, form of contract and cost of im. provements. RESOLUTION NO. 64-63 WHEREAS, proposed plans and specifications and form of contract for the City of Dubuque 1963 Con- crete Paving with Integral Curb Project No.1 have been approved by the City Council of the City of Dubuque and public notice given as provided by Chapter 23 of the Code of Iowa, 1962, pertaining to public contracts and bonds, and the time and place fixed for the hearing of all objections to said plans, specifications or contract for or cost of such improvements, said time being this 1st day of April, 1963; and WHEREAS, the City Council met in regular session this 1st day of April, 1963, at 7:30 o'clock P.M. at the Council Chambers in the City Hall for the purpose of hear- ing all interested parties and COD- sidering any and all objections which have been filed to the pro- posed plans. specifications or con- tract for or cost of the improve- ment herein described and pro.. posed to be made; and Regular 6. In each case the amount there- of which is estimated to be assessed against each lot, for the City of Dubuque 1963 Concrete P a v i n g with Intergral Curb Project No. 1 on the following named streets; 1. North Grandview Ave. from the north property line of Kane St. to the south property line of West 32nd St. 2. East Sixteenth St. from the east property line of Sycamore St. to the east property line of Kerper Blvd. 3. Harrison St. from the north property- line of Railroad Ave. to the north property line of Lot 1 of Commercial Sub. 4. Loras Blvd. from the west property line of Locust St. to the west property line of Walnut St. 5. University Ave. from the east property line of Alta Vista St. to the east property line of Rock St. BE IT THEREFORE RESOLVED that the City Council on its own motion or upon petition of prop- erty owners, deems it advisable and necessary for the publiC welfare to make the herein mentioned im- provement, and unless property owners at the time of the final consideration of this proposed res- olution have on file with the City Clerk objections to the amount of the proposed assessments, the y shall be deemed to have waived all objections thereto. Said improvement shall be con- structed and done in accordance with the plans and specifications which have been prepared therefor by the City Engineer which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of . making said improvement will be assessed upon and against all privately 0 w n e d property lying within assessable distance prOVided by law and in an amount not to exceed the amount provided by law, property will be assessed whether the same abuts thereon or is adjacent thereto according to area and in proportion to the spec- ial benefits conferred thereby, and any deficiency shall be paid out of the general fund. Street bonds shall be issued and sold in anticipa- tion of deferred payments of as- sessments when a contract has been perfirmed and accepted and 92 ~~=--=~~ 1~'I""I'rr-,'r ....'''.''1. I 95 in eonnection with said improve- ment. Passed, adopted and approved this 1st day of April, 1963. JAMES J. KEAN Mayor JOHN P. SCHREIBER PETER J. TAKOS LOUIS SCHALLER ROBERT J. HORGAN Councilmen Attest: LEO F. FROMMELT City Clerk Councilman Schaller moved the adoption of the resolution. Second- ed by Mayor Kean. Carried by the following vote: Yeas-Mayor Kean, Councilmen Horgan, SchaUer, Schreiber, Takas. Nays-None. (Ordering Construction) RESOLUTION NO. 67-63 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE that pursuant to a resolu- tion of necessity No. 53-63 which was dUly passed by this Council, for the construction of; CITY OF DUBUQUE 1963 HOT MIX-HOT LAID ASPHALTIC CON- CRETE PAVING PROJECT NO.1 be and the same are hereby ordered and constructed by this Council upon its own motion and with or without the petition of property owners. All the work shall be con- structed in accordance with the plans and specifications heretofore adopted and now on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the cost and expense of the said improvements be paid for by levying special assessments against the privately owned property lying within the assessable distance from the improvements, whether such property abut upon the same Of are adjacent thereto, according to the area thereof and in proportion to the special benefits conferred, and any deficiency will be paid out of the general, improvement, or sewer funds of the city, or partly from each of such funds. Payment will be made to the contractor out of funds realized from the sale of bonds. S t r e e t Improvement Bonds to be issued in antieipation of deferred payments of assess- ments as provided by law after the work has been completed and accepted by the City Council. 1, 1963 Regular Session, April , Seco'lded by Mayor Kean. Carried by the following vote: Yeas-Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Takas. Nays-None. Decision of Council upon obiec~ tions to pl.ns, specific.tions, form of contr.ct .nd cost of im- provements. RESOLUTION NO. 66-63 WHEREAS, proposed plans and specifications and form of contract for the City of Dubuque 1963 Hot Mix-Hot Laid Asphaltic Concrete Paving Project No. 1 have been approved by the City Council of the City of Dubuque and public notice given as provided by Chapter 23 of the Code of Iowa, 1962, per- taining to public contracts and bonds, and the time and place fixed for the hearing of all objec- tions to said plans, specifications or contract for or cost of such improvements, said time being this 1st day of April, 1963; and WHEREAS, the City Council met in regular session this 1st day of April, 1963, at 7:30 o'clock P.M. at the Council Chambers in the City Hall for the purpose of hear- ing all interested parties and eon- sidering any and all objections which have been filed to the pro- posed plans, specifications or con- tract for or cost of the improve- ment herein described and pro- posed to be made; and WHEREAS, all interested parties have been given an opportunity to be heard and all Objections which have been duly weighed and considered; now, therefore BE IT RESOLVED by the City Council of the City of Dubuque, that all objections which have been made and filed to the plans, spec- ifications, contract for or cost of said improvement herein described and proposed to be made, be and the same hereby overruled and such plans, specifications and form of contract heretofore approved are hereby adopted. BE IT FURTHER RESOLVED that this resolution containing the decision of this Council upon all objections which have been filed to the plans, specifications and form of cost said improvement be made a matter of permanent record 1963 erty owners, deems it advisable and necessary for the public wel- fare to make the herein mentioned improvement, and unless property owners at the time of the final consideration of this proposed reso- lution have on file with the City Clerk objections to the amount of the proposed assessments, the y shall be deemed to have waived all objections thereto. Said improvement shall be con- structed and done in accordance with the plans and specifications which have been prepared therefor by the City Engineer which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said improvement will be assessed upon and against all privately 0 w n e d property lying within assessable distance provided by law and in an amount not to exceed the amount provided by law, property will be assessed whether the same abuts thereon or is adjacent thereto according to area and in proportion to the spec- ial benefits conferred thereby, and any deficiency shall be paid out of the general fund. Street bonds shall be issued and sold in anticipa. tion of deferred payments of as- sessments when a contract has been performed and accepted and the proceeds therof used to pay the contractor. The railway portion of any street or assessment district shall be assessed to and paid by the railway company. The above resolution was in- troduced, approved and ordered placed on file with the City Clerk this 4th day of March, 1963. Record of Flnol Adoption The foregoing resolution was finally passed and adopted, al pro- posed, by the City Couneil this 1st day of April 1963. JAMES J. KEAN Mayor JOHN P. SCHREmER PETER J. TAKOS LOUIS SCHALLER ROBERT J. HORGAN Councilmen Attest: LEO F. FROMMELT City Clerk Councilman Schaller moved the final adoption of the resolution. 1. Railroad Ave. from the east property line of South Locust St. to the east property line of South Main St. 2. Huff St. from the south prop- erty line of Railroad Ave. to the south end of the street. 3. Pennsylvania Ave. from the west property line of Bristol Drive westerly to the present corporation line. 4. West Third St. from the west property line of Bluff St. to the east property line of Hill Street. BE IT THEREFORE RESOLVED that the City Council on its own motion or upon petition of prop- ./,.....,..,...._,...,c 1, Session, April IN_sslty for Improvoment) RESOLUTION NO. S3-63 WHEREAS, proposed plans, spec- ifications, form. of contract, plat and schedule have been duly pre- pared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk showing among other things the following: 1. Tbe assessment limits of each street to be improved. 2. The streets to be improved. 3. The width of such improve. ment. 4. Each lot proposed to be as- sessed together with a valuation fixed by the council. 5. An estimate of the cost of the proposed improvement, stating the same for each different type of construction and kind of material to be used. 6. In each case the amount there- of which is estimated to be as- sessed against each lot, for the City of Dubuque 1963 Hot Mix-Hot Laid Asphaltic Concrete Paving Project No. 1 on the following named streets 94 cost of improvements for the City of Dubuque 1963 Hot Mix-Hot Laid Asphaltic Concrete Paving Project No. 1 on the following named streets; Railroad Ave., Huff, Penn- sylvania, West Third, presented and rea d. Councilman Horgan moved that the proof of publica- tion be received and filed. Second- ed by Councilman Schaller. Car- ried by the following vote: Yeas-Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Takos. Nays-None. Regular . 97 County Jail and City Hal! have been combined into one unit, re~ sulting in efficiency, convenience, and decreased maintenance costs. ~ UWherefore, this Grand Jury respectfully recommends and sug- gests that the members of the DUbuque County Board of Super. visors and of the Dubuque City Council, either by themselves or through a Committee to be ap- pointed by them, investigate and consider the possibility of replac- ing the present Court House, City Hall, and County Jail with a single new unit, and if this plan is found feasible, that the necessary legal steps be taken to submit the ques- tion to the voters, so that such unit may be constructed as soon as building conditions permit. "The Grand Jury requests the Court to forward a copy of this report to the Dubuque County Board of Supervisors and to the City Council of the City of Du- buque." The 1957 Dubuque County Grand Jury reported in part as follows, "This Grand Jury has examined the Dubuque County Jail in the City of Dubuque, Iowa, and has interrogated each inmate thereof and finds that the maintenance of said jail is good but that the faeili- ties there, including safety meas- ures there and provision of segre- gation of prisoners, are poor and further finds that there is some evidence of force, threats and coercion on the part of some . of the inmates. "The Dubuque County Jail was built more than one hundred years ago at a cost of $32,000.00 and at the time of said construction the population of Dubuque County was 25,800 and that during the past one hundred years the population of Dubuque County has more than tripled. Former Grand Juries have recommended repairs and replace- ment. In 1946 the Grand Jury recommended that the jall building be replaced as soon as materials were available and in 1947 the Grand Jury stated 'The jail is so antiquated and outmoded that it is not fit for confinement of human beings.' This Grand Jury feels that a new jall should be constructed but it is also aware of the present stress placed on the Session, April 1, 1963 have examined prior records, and that as a result of the aforesaid inspections and examinations and in connection with the operation of the aforesaid buildings, submit the following findings and recom- mendations: FINDINGS The 1946 Grand Jury recom- mended that the Dubuque County Jail be replaced when labor and materials become available. The 1947 Grand Jury reported in the following strong language, "The present Court House was constructed 56 years ago, the pres- ent County Jail was constructed nearly 100 years ago, and the Du- buque City Hall was constructed 89 years ago, All are now inade- quate for their purposes, all con- tain fire and health hazards and their condition is such that the cost of upkeep is prohibitive and attempted renovation would be a wsste of public funds. f~he Court House has no fire- proof vault for the preservation of County records; overcrowded conditions in many of the offices result in important records being stored on the upper floors, outside of any vault; the top floors, par- ticularly, constitute a fire hazard; the tall steeple may be in such condition as to constitute a hazard to Court House personnel and passer-by; the leaky condition of the roof, the antiquated toilet facili- ties, the condition of other parts of the building, indicate that many repairs or replacements are needed at the present time. "The County Jail is being main- tained efficiently and adquately; however, it is so antiquated and out-moded, that it does not furnish fit facilities for the confinement of human beings. The second and third tier cell gangways are still in a dangerous condition. "The cost of maintaining these three old buildings is a constant drain on public funds which will continue and increase. The Grand Jury are informed that fire offi- cials have recently ordered that fire escapes be placed on the Court House and that such addition may cost twelve thousand dollars. "This Grand Jury is informed that in many communities through- out the nation, a Court House, Regular 1, 1963 Court of Dubuque County, Iowa, and present this report to the Dis- trict Court. The undersigned members of the Grand Jury have been in session 5 days and have investigated all cases of law violations coming within the jurisdiction of the said Grand Jury. This Grand Jury returns 7 in- dictments and further states that they have dismissed 7 cases and have examined 1 witnesses during the period they have been in ses- sion and have continued 0 eases for further investigation. This Grand Jury reports that it has examined the Dubuque County Home at Julien and finds that said Home is being properly and adequately and efficiently main- tained and operated, and further wishes to commend the efficiency shown in the management of said County Home. This Grand Jury further finds that the facilities at said County Home are generally good, except that consideration Councilman SchaUer moved the should be given to making said adoption of the resolution. Second- County Home more fire resistant, ed by Mayor Kean. Carried by the and to the remodeling of fire escape following vote: facilities from said County Home, Yeas-Mayor Kean, Councilmen keeping in mind the infirmities Horgan, Schaller, Schreiber, Takos. and lack of ability of the residents Nays-None. of said County Home. Council Recessed At 9:4S P.M. This Grand Jury reports that it Council Reconvened At 10:00 P.M. has examined the Dubuque County Communication of Clerk of Dis- Nursing Home at Dubuque, Iowa, trict Court submitting a copy of and finds that said Nursing Home the Grand Jury Report, Marc~ is properly and efficiently main. term 1963, relative to the condl- tained and supervised and that the tion of the County & City build- facilities are in an excellent state ings in Dubuque County, presented of repair and it further finds that and read. Councilman Schreiber the facilities provided by said Du- moved that the report be received buque County Nursing Home are and made a matter of record. Sec- a valuable asset to Dubuque Coun- onded by Councilman SchaUer. Car. ty. ried by the following vote: . This Grand Jury has examined Yeas-Mayor Kean, ~ouncilmen the jails at Epworth, Farley, Dyers- Horgan, Schaller, SchreIber, Takos. ville, and Cascade, all in Dubuque Nays-None. County, Iowa and reports that said jails are in an adequate state of repair for the uses made thereof. This Grand Jury reports that it has examined and inspected the Dubuque County Court House and all of the facilities therein, the Dubuque County Jail and the Du- buque City Jail and that they are familiar with conditions of the City Hall of Dubuque, Iowa, that they have examined the Reports of the 1946, 1947, and 1957 Dubuque County Grand Juries, that they Session, April ~'" MARCH TERM 1963 : TO THE HONORABLE EUGENE J. KEAN, JUDGE OF THE DIS- TRICT CO U R T OF DUBUQUE COUNTY, IOWA: Come now the undersigned mem- bers of the Grand Jury for the March Term 1963 of the District BE IT FURTHER RESOLVED that the City Clerk be and he is hereby ordered and directed to advertise for proposals for the con- struction of the various improve- ments herein provided for in the manner provided by law, the said improvements shall be completed on or before 90 days after notice to proceed is issued. BE IT FURTHER RESOLVED that this resolution being deemed urgent and of immediate necessity shall be in force and effect from and after its passage and adoption by the City Council. Passed, adopted and approved this 1st day April, 1963. JAMES J. KEAN Mayor JOHN P. SCHREIBER PETER J. TAKOS LOUIS SCHALLER ROBERT J. HORGAN Councilmen FROMMELT City Clerk IN THE DISTRICT COURT OF THE STATE OF IOWA IN AND FOR DUBUQUE COUNTY REPORT OF GRAND JURY Regular LEO F. 96 Attest: I 99 ty as to it seem advisable to best attain the ends desired. Herman Lott Foreman Harry M. Daly AI Brecht Joseph W. Friedman Gerald W. Feeney Clem Welsh E. F. Wielsnd Certification of Insurance De. partment of Iowa certifying that the Merchants Mutual Bonding Company is authorized to transact its appropriate business of Fidelity and Surety Insurance, presented and read. Councilman Schreiber moved that the certificate be re- ceived and filed. Seconded by Communication of Dubuque Fed- eration of Labor submitting a res- olution dated March 18, 1963 sup- porting and endorsing the idea of bUilding a combination City and C 0 u n t y administration building, presented and read. Councilman Takas moved that the communica- tion be received and filed. Second- ed by Councilman Schaller. Carried by the fOllowing vote: Yeas-Mayor Kean, Councilmen Horgan, SchaUer, Schreiber, Takos. Nays-None. Communication of Dubuque Coun- ty Auditor submitting a petition for suspension of taxes for the years 1960, 1961 & 1962 on account of old age for George H. Brandt on the S'h of Lot 162 East Du- buque Addn., presented and read. Councilman Takos moved that the petition be granted and the Clerk be authorized to sign same. Sec- onded by Councilman Schaller. Car- ried by the follOwing vote: Yeas--Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Takos. Nays-None. Communication of Dominic Good- man confirming his desire to serve on the Park Board to serve the unexpired term of Fred W. Fuhr- man, presented and read. Council- man Schaller moved that the com- munication be referred to the City Council. Seconded by Councilman Takos. Carried by the following vote: Yeas-Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Takas. Nays-None. Session, April 1, 1963 they {loncerned the bUilding afore- said, have been totally frustrated for unknown reasons. This Grand Jury further finds that Dubuque County has had no bonded indebtedness for a period of thirty (30) years or more; that it has a bonding limit of approx- imatelr $31,750,000.00, that only (1) mill of additional revenue would produce approximately $127,000.00 in tax revenue and that, therefore, Dubuque County could very feasibly undertake to carry out the spirit of this report. In view of the findings made as aforesaid, with a complete aware- ness regarding the tax structure of Dnbuque County and the respon_ sibilities that each citizen must shoulder as a result of that tax structure, but with a firm convic- tion that the following is in the very best interests of every citizen of our County and is, indeed, a dire necessity for the eUicient discharge of Governmental services within this County, this Grand Jury very urgently and strongly makes these recommendations: Par. 1: That the Dubuque County Jail be completely replaced with due regard being given to the segregation of imprisoned traffic offenders from first felony offend- en, and to the segregation of both of said classes of offenders from hardened criminals. Par. 2: That the Dubuque County Court House be completely re- placed. Par. 3: That due consideration be given to the construction of a joint Connty-City Building. Par_ 4: That these recommenda- tions be implemented with action and flnal plsns and that the result be submitted to the voters at the earliest practicable date. Par. 5: That the Dubuque County Board of Supervisors appoint a special Citizens Committee, to ad- vise, consult with, and assist them in the implementation and the final carrying out of these recom- mendations, and further, that the Dubuque County Board of Super. visors appoint to such Citizens Com- mittee a representative number of the members of this Grand Jury and of past Grand Juries and also of such other citizens of the Coun- Regular 1963 ceilings and this factor, coupled with the deficiencies in the struc. ture, result in a high heating cost. The Office of the Social Welfare Department with the greatly ex. panded services it must provide in these times, is operating under the worst possible kind of crowded conditions, and must soon seek additional rental space outside the Court House because there is no more space avaJlable in tbe Court House. The County Library urgent- ly needs additional space. Other departments of County Government that could be housed in the Court House, if there were adequate space, occupy rental quarters be- cause there is no spaee available in the Court House. The necessary maintenance costs on such an old building are not in proper propor. tion to the return given for the expenditure. We find there is a clear and present need for an addi- tional Jury Room in the Dubuque County Court House to further facilitate the g rea tl y increased needs for the administration of justice in the handling of jury cases. A portion of the East wall of the Dubuque County Jail is in danger of collspse. All of these factors combine to produce a pres- ent unavoidable, but wasteful ex- penditure of public funds which will continue and increase unless the conditions aforesaid are rem. edied. This Grand Jury further finds through its investigation that the costs of repairs to the Dubuque County Court House in the past ten (10) years have beeD in the amount of approximately $100,000.00, and that the result of this expenditure has been almost totally ineffective in the light of the return provided. This Grand Jury further finds that, subsequent to the report of the 1947 Grand Jury, plana were developed and d raw n, enabllDl legislation passed by the Iowa State Legislature, which plans con- templated and which legislation provided for the construction and erection of a joint County and Munieipal Building. This Grand Jury further finds that, with the exception of recom- mendations for modest, so reI J neded, but ineffective repairs (in the permanent sense). recommenda- tions of past Grand Juries, wherein 1, Session, April The structure of the Dubuque County Court House has deteriorat- ed so badly that there are places where the walls have parted from the adjoining sash, permitting the elements to enter the interior of the structure. There are no ade- quate restroom facilities in said Court House for women employees. The necessities of present-day gov~ ernmental administration have re- quired the expansion of the staffs of the County Officers and have also required more fixtures and equipment in order that they could properly discharge the responsibili~ ties of their respective offices. But, even though we find that all of the County Officers are discharging their duties in the most diligent and efficient manner possible under existing circumstances, we further find that the facilities now exist- ing in the Dubuque County Court House are woefully inadequate in the light of present-day needs, and that the lsck of adequate facilities is extremely detrimental to the efficient operation of County Gov~ ernment. The Dubuque Co u n t y Court House has excessively high This Grand Jury finds that the Dubuque County Jail is being ad- ministered and maintained as effi. ciently as possible under existing circumstances but that, despite the piecemeal repairs that have been made over the years, said jail bas deteriorated further in the years since past Grand Juries have urged its replacement, and it is still, in the words of the 1947 Grand Jury, unfit for the confinement of hum... beings. "I. The construction of a double door between the jail and the jail office for the protection of the jailer or deputy. ''2. That improvements be made so as to give the jaller an op- portuuity for survellance of the inmates at all times. 413. That improvements be made so as to allow segregation of inmates, i.e. the hardened crimi- nals from the younger prisoners and first offenders. "4.-- That the Dubuque County Supervisors consult an expert on prison construction to carry out the above recommendations." county budget and recommends as follows: .,.,.- Regular 98 I 101 1963 Respectfully submitted, Gilbert D. Chavenelle, City Manager To the Honorable and City Council, Gentlemen: This is to advise that I bave approved the following bonds and policies and desire to have your approval on same for filing, sub- ject to the approval of the City Solicitor: EXCAVATION Tri-State Paving Company, P.O. Box 116, Dubuque, Iowa. Policy No. CL 866347, Bituminous Casualty Corporation Merlin Goerdt, d/b/a Mer! Goerdt Excavating. Policy No. CL 636- 339, American States Insurance Company SIDEWALK John P. Welter Sons. Western Sure- ty Company Joseph A. Becker d/b/a Albert Becker & Sons. General Insur- ance Co. of America John Luber. U.S. Fidelity and GUar- anty Co. Merlin P. Kluck d/b/a M. P. Kluck and Son. U.S. Fidelty and Guar- anty Co. Raphael H. Strub. Westren Surety Company Richard and Louis Huseman. Amer. ican Surety Co. of N.Y. Robert Shireman. Merchants Mutual Bonding Co. Frank E. and Delbert Miller. Hawk- eye-Security Ins. Co. Wendelin Rettenberger d/b/a Ret- tenberger T r e e & Landscape Service. Merchants Mutual Bond- ing Co. Councilman Takos moved that the filing be approved subject to the approval of the City Solicitor. Seconded by Couneilman Schreiber. Caried by the following vote: Yeas-Mayor Kean. Councilmen Horgan, Schaller, Schreiber, Takas. Nays-None. Notice of claim of Celia Budden, in the amount of $2500., for per- sonal injuries received in a fall on a snow covered sidewalk: on the westerly side of Iowa Street at 13th on January 23, 1963, presented and read. Councilman Schreiber moved that the notice of claim be referred to the City Solicitor for investigation and r~ March 29, Mayor 1, 1963 ~ Regular Session, April To the Honorable and City Council Gentlemen: I herewith submit reports of the City Auditor, City Treasurer, City Health Department and City Water Works for the month of February, as well as a list of claims and payrolls for which warrants were issued for the month of February, 1963. 1963 Councilman Schreiber m 0 v e d that the reports be received and f i led. Seconded by Councilman Takos. Carried by the following vote: Yeas-Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Takos. Nays-None. Proof of Publication, certified to by the Publisher, of Statement of Receipts and a list of claims for which warrants were issued during the month of February 1963, pre- sented and read. Councilman Schreiber m 0 v e d that the proof of publication be received and filed. Seconded by Councilman Takos. Carried by the following vote: Yeas-Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Takas. Nays-None. 1963 To the Honorable and City Council Gentlemen: Your staff has investigated the street lighting conditions on 16th Street approximately 800 feet east of the bridge. It is recommended that four (4) new street lights be installed, as shown on the attached plat. Respectfully submitted, Gilbert D. Chavenelle City Manager Councilman Schreiber m 0 v e d that the recommendation be ap- proved. Seconded by Councilman Takos. Carried by the following vote: Yeas-Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Takos. Nays-None. Respectfully, Gilbert D. Chavenelle City Manager 19, 22, March Mayor March Mayor 1, 1963 Com m u nication of Carpenters Local Union 678 protesting against the practice of contracting the lay- ing of floor covering and general remodeling and repair work in the City and surrounding territory by some members of the fire depart- ment, presented and read. Council_ man Takas moved that the com~ munication be referred to the City Manager for investigation and re- port. S e con d e d by Councilman Horgan. Carried by the following vote: Yeas-Mayor Kean, C()uncilmen Horgan, Schaller, Schreiber, Takos. Nays-None. Communication of the City Water Department submitting a report relative to a petition for the in. staIlation of water mains on Kelly Lane as petitioned for by J. J. Duggan et al stating that said water mains cannot be constructed until the department is able to decide the location and size of the feeder mains that will con~ tinue southerly and easterly from the intersection of Kelly Lane and Fremont Avenue, presented and read. Councilman Schreiber moved that the communication be re- ceived and filed. Seconded by Councilman Takos. Carried by the following vote: Yeas-Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Takos. Nays-None. Communication of Police Chief Lucas and acting Traffic Captain J enaman submitting a report on alley parking station wagons, said v e h i c I e s receiving preferential treatment according to a petition formerly filed by R. F. Sefzik, presented and read. Councilman Horgan moved that the report be received and filed and that the City Manager receive the complaint of the citizen for proper action and final report to the City Council for disposition of the matter. Sec- onded by Councilman Takos. Car- ried by the following vote: Yeas-Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Takas. Nays-None. Mr. R. F. Sefzik addressed the Council by challenging the state- ment and report of the Chief and traffic department. In his opinion station wagons are immune to arrest in the downtown alleys. Regular Session, April Communication of Dubuque Park Board recommending the appoint- ment of William G. Kruse of 2023 W. 3rd to the Board to fill the unexpired term of Fred W. Fuhr- man which terminates December 31, 1965. Councilman Schreiber moved that the communication be referred to the City Council. Seconded by Mayor Kean. Carried by the fol- lowing vote: Yeas-Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Takos. Nays-None. Communication of C. M. St. P. & P. R. R. submitting a form of petition to be signed and submitted to the Iowa Commerce Commission relaUve to the installation of auto- matic grade crossing signals at Hawthorne Street, presented and read. Councilman Schreiber moved approval of the petition. Seconded by Councilman Horgan. Carried by the following vote: Yeas-Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Takos. Nays-None. Communication of Dubuque Park Board stating that a motion has been adopted by their body to study the recommendations listed by the Cultural Commission rela- tive to the preservation of the old log cabin in Eagle Point Park, presented and read. Councilman Takos moved that the communica- tion be received and filed. Sec- onded by Councilman Schreiber. Carried by the following vote: Yeas-Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Takas. Nays-None. Councilman Takos. Carried by the following vote: Yeas--Mayor Kean, Councilmen Horgan, Kean, Schreiber, Takos. Nays-None. Communication of Dub u que Womens Club expressing concern as to the preservation of the old log cabin in Eagle Point Park and requesting that the Council insist upon the preservation of same, presented and read. Councilman Takos moved that the communica- tion be referred to the Council. Seconded by Councilman Schreiber. Carried by the following vote: YeaS-Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Takos. Nays-None. ".,;I<,,*,.. .;.;; 100 . 103 Councilman Takos. Carried by the following vote: Yeas-Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Takas. Nays-None. 28, 1963 March To the Honorable Mayor and City Council Gentlemen: The request of Caradco, Ine. for permission to ins tall overhead waste lines across Jackson Street and Eighth Street according to plan on file in the City Clerks office has been examined by your staff. We see no inconvienence to the public or utilities and recommend request be granted. Respectfully submitted, Gilbert D. Chavenelle, City Manager Councilman Takas moved that the recommendation of the City Manager be approved. Seconded by Mayor Kean. Carried by the follow- ing vote: Yeas--Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Takas. Nays-None. ORDINANCE NO. 9-63 An Ordinance Granting to Car- adeo, Incorporated, an Iowa Corpo- ration doing business in the City of Dubuque, Iowa, its successors and assigns, the Right to erect and maintain one overhead woodwaste line over and across Jackson Street between Eighth and Ninth Streets and extending across Eighth Street between Jackson and Washington Streets, and another woodwaste line over and across Eighth Street between Washington and Jackson Streets in the City of Dubuque, Iowa, presented and read. Councilman Schreiber m 0 v e d that the reading just had be con- sidered the first reading of the Ordinance. Seconded by Council. man Horgan. Carried by the fol- lowing vote: Yeas-Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Takas. Nays-None. Councilman Schreiber m 0 v e d that the rules be suspended re- quiring an Ordinance to be read on three separate days. Seconded by Councilman Horgan. Carried by the following vote: Yeas-Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Takos. Nays-None. 1, 1963 Session, Apri tor be instructed to draw a warrant payable to Harold N. Hilhert, Clerk of the District Court in and for Dubuque County, Iowa, in the amount of $4,250.00 plus the amount of $275.22 as court costs. Respectfully submitted, R. N. Russo City Solieitor Councilman Takos moved that the recommendation of the City Attorney be approved and the Aud- itor instructed to draw proper war. rant payable to Harold N. Hilbert, Clerk of the District Court in the amount of $4,250.00 plus $275.22 as court costs. Scconded by Mayor Kean. Carried by the following vote: Yeas-Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Takas. Nays-None. An Ordinance Regulating animals and Fowl running at large, provid- ing for impounding and for Sale or disposition of impounded Ani- mals, and providing penalties for violation hereof, said Ordinance designated as No. 51-62, and pre- viously presented and read at the Council meeting of August 20, 1962 and October 1, 1962, presented for further consideration. Mr. R. F. Sefzik addressed the Council by stating that the proposed Ordinance is ill advised. Mr. Leo Gieaseman raised the question whether or not the proposed Ordinance applied to dogs. He was informed that it does not. After considerable discussion on the proposed Ordinance Couneil- man Horgan moved that the exist. ing proposed ordinance be struck. Seconded by Conncilman Schaller. Carried by the following vote: Yeas-Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Takos. Nays-None. Councilman Horgan moved that the present Dog Ordinance No. 10-53 be amended to include cats and that the City Manager's recom- mendation on page 2, General Com. ments as submitted to the mem- bers of the City Council be adopt- ed, namely as follows: A. Change the Ordinance name to Dog and Cat Ordinance. B. Include cats in the "Disturb- ing the peace section", that is Section 5 (A) and (B). C. Include cats in the uRabies Section", Section 7. Seconded by Regular Regular Session, April 1, 1963 Notice of claim of Fred W. Schulze, in the amount of $150., for damage to both real and per. sonal property incurred as the re- sult of a backed-up sewer on Bur- den Avenue on March 23, 1963, presented and read. Councilman Schreiber moved that the notice of claim be referred to the City Solicitor for investigation and reo port. Seconded by Mayor Kean. Carried by the following vote: Yeas-Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Takos. Nays-None. Notice of claim of Julius Hein ricy, in the amount of $135., for damage to both real and personal property incurred as the result of a backed-up sewer on Burden Ave- nue on March 23, 1963, presented and read. Councilman Schreiber moved that the notice of claim be referred to the City Solicitor for investigation and report. Seconded by Mayor Kean. Carried by the following vote: Yeas-Mayor Kean, Councilmen Horgan,' Schaller, Schreiber, Takos. Nays-None. Communication of Wilbur W. & Dorothy Brandenburg relative to their claim of possible damages to their property at 2731 Carlton A venue as the result of the con- struction of said street requesting a definite determination, presented and read. Councilman Takas moved that the communication be refer. red to the City Solicitor for further investigation and report. Seconded by Councilman Schaller. Carried by the following vote: Yeas-Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Takos. Nays-None. Hon. Mayor & City Gentlemen: On February 28, 1963 the District Court entered judgment against the City of Dubuque, wherein plain. tiff Doris Sundberg claimed dam- ages in tbe amount of $23,000.00 as a result of a fall upon an al. legedly defective public walk, upon which there had been an accumu. lation of ice and snow. Judgment was entered upon a jury verdict in the amount of $4,250.00 and cost of action was assessed to the defendant City of Dubuque. It is the recommendation of the City Attorney that the City Audi- _-""'''''2;.=-.' Council port. Seconded by Mayor Kean. Carried by the following vote: Yeas-Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Takos. Nays-None. Notice of claim of Mrs. Leo Hardiman, in an un-named amount, for personal injuries received in a fall on an ice covered sidewalk at 709 Fenelon Place on February 2, 1963, presented and read. Coun- cilman Schreiber moved that the notice of claim be referred to the City Solicitor for investigation and report. Seconded by Mayor Kean. Carried by the following vote: Yea........Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Takas. Nays-None. Notice of claim of George D. Donovan, in the amount of $35.95, for car damage incurred as the result of striking a defect in the street at 32nd & Lemon Street on March 17, 1963, presented and read. Councilman Schreiber moved that the notice of claim be referred to the City Solicitor for investiga- tion and report. Seconded by Mayor Kean. Carried by the following vote: Yeas-Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Tskos. Nays-None. Notice of claim of Robert C. Steuer, in the amount of $125., for damage to real and personal property incurred as the result of a backed.up sewer on Burden Ave. nue on March 23, 1963, presented and read. Councilman Schreiber moved that the notice of claim be referred to the City Solicitor for investigation and report. Sec- onded by Mayor Kean. Carried by the following vote: Yeas-Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Takos. Nays-None. Notice of claim of Melvin J. Tig- ges. in the amount of $90., for damage to both real and personal property incurred as the result of a backed up sewer on Windsor Avenue on March 23, 1963, pre- sented and read. Councilman Schr. eiber moved that the notice of claim be referred to the City Solici. tor investigation and report. Se- conded by Mayor Kean. Carried by the following vote: Y.eas-Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Takas. Nays-None. 102 105 alley between Main & Iowa from Second street north 168.6' if it would destroy access to their prop~ erties, presented and read. Coun- cilman Schreiber moved that the remonstrance petition be referred to the Planning & Zoning Commis- sion. Seconded by Councilman Hor- gan. Carried by the following vote: Yeas-Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Takas. Nays-None. Petition of Harold L. Moldt Jr. et al requesting the rezoning of Lots 13, 14, 15 and 16, in Schaff- ner's Sub. located on Valeria Street from two family residence district classification to Local Bus- iness District "A" classification, presented and read. Councilman Takas moved that the petition be referred to the Planning & Zoning Commission. Seconded by Council- man Schreiber. Carried by the fol- lowing vote: Yeas-Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Takas. Nays-None. Petition of L. R. Austin et aI, a group of residents of North Grand- view A venue, requesting that the site of the annual soap box derby be changed to a new location, pre. sented and read. Councilman Ta- kos moved that the petition be re- ferred to the City Manager. Sec- onded by Councilman Schaller. Carried by the following vote: Yeas-Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Takas. Nays-None. 1, 1963 Session, April record said list in th~ records of his office, which list is dated March 27, 1963, made by the Iowa State Highway Conunission. Section 2. This Ordinan(le shall be in full force and effect from and after its final passage. adoption and publlcation as by law provided. Introduced the 1st day of April, 1963. Rule requiring reading on three sepa- rate days suapended by unanimoWl vote the 1st day of AprU. 1963. Passed by recorded roll call vote adopted and approved this 1st day of April. 1963. JAMES J. KEAN Mayor JOHN P. SCHRIaBER PETER J. TAKOS LOUIS SCHALLER ROBERT J. HORGAN Councllmen Attest: LEO F. FROMMELT City Clerk PublIshed off1clally in the Telegraph- Herald newspaper this 5th day of April. 1963. t,l , Regular 1, 1963 1 t. 4-12. Councilman Schreiber moved the adoption of the Ordinance. Sec- onded by Councilman Horgan. Car- ried by the following vote: Yeas-Mayor Kean, Councilmen Horgan. Schaller. Schreiber, Takas. Nays-None. Petition of John J. Duggan and Richard Henschel requesting re- zoning of a certain area along the south city limits of the City near Kelly Lane but separated from Kelly Lane for zoning purposes by a tier of lots abutting Kelly Lane from its present Single Family Residence District Classification to Local Business District "B" classi- fication. presented and read. Coun- cilman Schreiber moved that the petition be referred to tbe Plan- ning & Zoning Commission. Sec. onded by Councilman Takos. Car- ried by the following vote: Yeas-Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Ta- kas. Nays-None. ~ Regular Session, April nance adopted by the City Council of Dubuque, Iowa. being Ordi_ nance No. 9-63, and Caradco. In- corporated, does hereby agree to comply with all the terms and conditions of said Ordinance. CARADCO, INCORPORATED By: P. L. Adams, President (Corporate Seal) F. E. Bissell Jr. Secretary Published officially in the Tele- graph-Herald newspaper this 12th day of April, 1963. Leo F. Frommelt City Clerk it... Councilman Schreiber m 0 v e d the adoption of the Ordinance. Seconded by Councilman Horgan. Carried by the following vote: Yeas--Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Takos. Nays-None. Petition of the Western Casualty & Surety Company requesting cancellation of Sidewalk construe. tion bond No. 239245 issued in be- half of R. L. Berger Concrete Con- tractor, presented and read. Coun- cilman Schreiber moved that the request be granted providing there are no outstanding claims. Second- ed by Mayor Kean. Carried by the following vote: Yeas-Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Ta- koso Nays-None. Petition of Fischer Realty Com- pany requesting vacation and con- veyance of the alley between Main and Iowa streets from Second street north a distance of 168.6 feet to facilitate the installation of an automobile drive-in to service a motor hotel, presented and read. Councilman Schreiber moved that the petition be referred to the Planning & Zoning Commission. Seconded by Councilman Schaller. Carried by the following vote: Yeas-Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Ta- kas. Nays-None. Petition of F & S Radiator Re- pair and Theisen O'Neill Tire Co. objecting to the vacation of the LEO F. FROMMELT City Clerk , ORDINANCE NO. 10.63 An Ordinance regulating drive. ways and Entrances to part of Primary Road, U. S. No. 20, being Dodge Street between Grandview Avenue and Bissell Lane, immed- iately west of Locust Street, in the City of Dubuque, Iowa, presented and read. Councilman Schreiber m 0 v e d that the reading just had be con- sidered the first reading of the Ordinance. Seconded by Council- man Horgan. Councilman Schreiber m 0 v e d that the rules be suspended re. quiring an Ordinance to be read on three separate days. Seconded by Councilman Horgan. Carried by the following vote: Yeas-Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Takos. Nays-None. ORDINANCE NO. 10.63 An Ordinance regulating driveways and Entrances to part of Primary Road u. s. 20. being Dodge Street between Grandview Avenue and Bissell Lane. immediately west of Locust street. In the City of Dubuque. Iowa. WHEREAS by Resolution adopted June 4. 1962 in connection with the im- provement of part of Primary Road U.S. No. 20. being Dodge Street be- tween Grandview Avenue and BiAe11 Lane, immediately west of Locust Street. in the City of DUbuque, Iowa. the City Council has agreed that upon receift from the Highway Com.misslon a lis of driveways and entrances pro- vided for access under said improve- ment the Hst would be recorded under a supplemental Ordinance; and WHEREAS the City ManageI' has sub. mitted to the City Councll the Ust of driveways and entrances referred to in said Resolution. NOW THEREFORE Be It Ordained by the City Counell of the City of Du- buque: Section 1. That the City Clerk be and he is hereby authorized and directed to ORDINANCE NO. 9-63 AN ORDINANCE granting to Ca- radco, Incorporated, an Iowa Corporation doing business in the City of Dubuque, Iowa, its suc- cessors and assigns, the right to erect and maintain one overhead woodwaste Une over and across Jackson Street between Eighth and Ninth Streets and extending across Eighth Street between Jackson and Washington Streets, and another woodwaste Une over and across Eighth Street between Washington and Jackson Streets In the City of Dubuque, Iowa. Now, Therefore, Be It Ordained By The City Council Of The City Of Dubuque, Iowa: Section 1. That Caradco, In- corpora ted, a corporation doing business in the City of Dubuque, Iowa, its successors and assigns, be and it is hereby authorized to constr'lfct and maintain one over- head wood waste line over and across Jackson Street between Eighth and Ninth Streets and ex- tending across Eighth Street be- tween Jackson and Washington Streets, and another wood waste line over and across Eighth Street between Washington and Jackson Streets In the City of Dubuque, Iowa. Section 2. That the construction of said overhead pipe lines over and across said pUblic streets shall be subject to the approval of the Building Inspetcor of the City of Dubuque, Iowa, and the same shall be located and installed in accordance with the plan on file in the Office of the City Clerk, City of Dubuque, Iowa. Section 3. The grant of this authority is on condition that Caradco, Incorporated, shan in- demnify and hold City of Dubuque, Iowa, harmless from any and all loss, damage, and expense on ac- count of the construction and maintenance of the aforesaid over. head woodwaste lines. Section 4. This Ordinance shall become effective upon its passage, adoption and approval by the City Council of the City of Dubuque, Iowa, acceptance thereof by the proper officers of Caradco, Incor- porated, and pUblication as pro- vided by law and when the costs of publication of this Ordinance shall have been paid by Caradco, Incorporated. Section 5. This Ordinance shall be in full force and effect from and after its final passage, adop- tion and pUblication as by law pro- vided. Introduced the 1st day of April, 1963- The rule requiring reading on three separate days suspended by unanimous vote on the 1st day of April, 1963. Passed by recorded roll call vote, adopted and approved this 1st day of April, 1968. JAMES J. KEAN, Mayor PETER J. TAKOS LOUIS SCHALLER JOHN P. SCHREIBER ROBERT J. HORGAN Councilmen Attest: LEO F. FROMMELT, City Clerk. ACCEPTANCE BY CARADCO, INCORPORATED Caradco, Incorporated, does here- by accept all the terms, provisions and conditions of the within Ordi- "'~'"'.''''' 104 ,ti< , 107 Regular Petition of Pj1ilip Krepfle re- RESOLUTION NO. 68-63 questing a refund of $25 on the Resolution Approving Plat of unexpired portion of cigarette li- "Sherwood Park" in Section 10, cense No. 262 as he has discan- Dubuque Tow n s hip. Dubuque tinued business on March 30, 1963, County, Iowa. presented and read. Councilman WHEREAS there has been filed Schaller moved that the refund be with the City Clerk a plat in which granted and the Auditor instruct- Lot 1 of Lot 1 of Lot 1 of Lot 1 ed to issue a warrant payable to of Lot 1 of Lot 1 of Lot 1; Lot 2 Philip Krepfle, in the amount of of Lot 1 of Lot 1 of Lot 1 of Lot 1 $25, to cover the ~mount due on of Lot 1; Lot 2 of Lot 1 of Lot 1 the unexpired portiOn of cIgarette of Lot 1 of Lot 2 of Lot 1; Lot 2 license No. 262. Seconded by Coun- of Lot 1 of Lot 1 of Lot 1 of Lot cilman Schreiber. Carried by the 1 of Lot 2 of Lot 1; Lot 2 of Lot following vote: 1 of Lot 1 of Lot 1 of Lot 1 of Yeas-Mayor Kean, Councilmen Lot 1 of Lot 2 of Lot l' Lot 2 of Horgan, Schaller, Schreiber, Ta- Lot 1 of Lot 1 of Lot i of Lot 1 koso of Lot 1 of Lot 1 of Lot 2 of Lot 1; Nays-None. all being of the South One-half of Petition of Lenore M. O'Toole the Soutbeast One-Quarter of the requesting a refund of $25 on the Northwest One.Quarter of Scction unexpired portion of cigarette Ii- 10 Township 89 North, Range 2 cense No .299 as she has discan- E;st of the 5th P.M., Dubuque tinued business on March 30, .1963, Township, Dubuque County, Iowa, presented and read. Councilman and of the Subdivision of Lot 2 Schaller moved that the refund be of Lot 1 of the Northeast One- granted and the Auditor instructed Quarter of the Northeast One- to issue a warrant payable to Le- Quarter of the Southwest One- nare M. O'Toole, in the amount of Quarter of Section 10, Township $25, to cover the amount due on 89 North, Range 2 East of the 5th the unexpired portion of CIgarette P.M., DUbuque Township, Dubuque license No. 299. Seconded by Coun- County, Iowa, cilman Schreiber. Carried by the is platted as following vote: . Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, la, Yeas--Mayor Kean, ~ouncllmen 11 and 12, each in Block 1 in Horgan, Schaller, SchreIber, Takas. "Sherwood Park" in Section 10, Nays-None. DUbuque Township, DUbuque March 14, 1963 County, Iowa, and To the, Honorabl.e Mayor Lots I, 2, 3, 4 ,5, 6, 7, B, 9 and and CIty CouncIl, 10, each in Block 2 in "Sherwood Gentlemen: Park" in Section 10, Dubuque Herewith submitted for your Township Dubuque County. consideration is subdivision plat Iowa . of Block 1 and 2, in Sherwood and ' Pa!k in Section 10, Dubuque Town- Wh~reas said plat has been ex- ShIP, . D~buque County, Iowa. . amined by the City Plan Commis- . ~lS IS a part of ~ large subdl. ion and had its approval en. VISIon located on Umon Park road ~orsed thereon' and east of the Y.M.C.A. Camp. , This subdivision has been ap- proved by the Planning and Zon- ing Commission. Respectfully submitted, Dubuque Planning & Zoning Commission By Owen Riley, Secretary Councilman Takos moved that the communication be received and filed. Seconded by Councilman Schreiber. Carried by the follow- ing vote: Yeas-Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Ta- kas. Nays-None. WHEREAS said plat has been examined by the City Council and they find the same conforms to the Statutes and Ordinances re- lating thereto; NOW, THEREFORE, Be It Re- solved by the City Council of the City of Dubuque, Iowa; Section 1. That the above de- scribed plat be and the same is hereby approved by the Mayor and Clerk be and they are hereby authorized and directed to endorse the approval of the City upon said plat. . ~ 1, 1963 Session, April , 1, 1963 :;-N one. Petition of Robert Brillhart re- questing a refund of $25 on the unexpired portion of eigarette li- cense No. 261, as he has discon- tinued business on March 27, 1963, presented and read. Councilman Schaller moved that the refund be granted and the Auditor be in- structed to issue a warrant payable to Robert Brillhart, in the amount of $25 to cover the amount due on the unexpired portion of cigarette license No. 261. Seconded by Coun- cilman Schreiber. Carried by the following vote: Yeas-Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Ta. koso Nays-None. Petition of William M. Kunz requesting a refund of $25 on the unexpired portion of cigarette li- cense No. 103, as he has discon- tinued business on March 22, 1963, presented and read. Councilman Schaller moved that the refund be granted and the Auditor Instructed to issue a warrant payable to Wil- liam M. Kunz, in the amount of $25, to cover the amount due on the unexpired portion of cigarette license No. 103. Seconded by Coun- cilman Schreiber. Carried by the following vote; Yeas-Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Ta- koso Nays-None. Petition of William R. Wortley requesting a refund of $25 on the unexpired portion of cigarette li. cense No. 190 as he has discon. tinued business on March 28, 1963, presented and read. Councilman Schaller moved that the refund be granted and the Auditor instrnet- ed to issue a warrant psyable to William R. Wortley, in the amount of $25, to cover the amount due on the unexpired portion of cigarette license No. t9(). Scconded by Coun- cilman Schreiber. Carried by the following vote: Yeas-Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Ta- koso Nays-None. ried by the following vote: Yeas-Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Ta- kos. Nay' Session, April Petition of Rosella Jasper re- questing vacation and conveyance of a portion of Marshall street located between Garfield Avenue and Peosta street, presented and read. Councilman Schreiber moved that the petition be referred to the Planning & Zoning Commission. Seconded by Councilman Schaller. Carried by the following vote: Yeas-Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Takas. Nays-None. Petition of Dubuque T. B. & R. D. Assn. requesting permission to drop. balloons over the City on Saturday, April 27, 1963 in con- junction with a health education program on respiratory diseases, presented and read. Councilman Schreiber moved that the petition be granted providing all necessary precautions be taken subject to the City Manager's approval. Sec- onded by Councilman Horgan. Car- ried by the following vote: Yeas-Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Ta- koso Nays-None. Petition of Frederick Tippe re~ questing a refund of $25 on the unexpired portion of cigarette li- cense No. 320, as he has discon- tinued business on March 4, 1963, presented and read. Councilman Schaller moved that the refund be granted and the Auditor instruct~ ed to issue a warrant payable to Frederick Tippe, in the amount of $25, to cover the amount due on the unexpired portion of cigarette license No. 320. Seconded by Coun- cilman Schreiber. carried by the following vote: Yeas-Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Ta- kas. Nays-None. Petition of Elmer L. Thompson requesting a refund of $25 on the unexpired portion of cigarette li- cense No. 298, as he has discon- tinued business on March 4, 1963, presented and read. Councilman Schaller moved that the refund be granted and the Auditor be in- structed to issue a warrant pay- able to Elmer L. Thompson, in the amount of $25 to cover the amount due on the unexpired portion of cigarette license No. 298. Second- ed by Councilman Schreiber. Car- Regular 106 .--~-~--,~~------ --------- ---------~------- -~~- -- ~ I 109 RESOLUTION NO. 71-63 Resolution for transfer of $15,- 749.00 from the controlling Func- tional Public Safety Fund to the Auxiliary Cash Account of the Public Safety Fund known as the Public Safety Civil Defense Fund. WHEREAS, the original 1963 budget ordinance incorporated as part of the Public Safety Fund, an item for Civil Defense; and WHEREAs, part of the expense for Civil Defense is paid for by the Federal Government, by reim- bursing the City of Dubuque for part of the total Civil Defense costs incurred; and WHEREAS, the Federal Govern- ment, in order to facilitate audits of Civil Defense costs paid by the City, requests that the accounting of Civil Defense expense paid by the City be kept separate from any other City payments of mainte- nance and operating expense; therefore be it the TaUy Ho Tavern on March 19, 1962. This permit expires April 1, 1963. Although the permit is ex- piring on the day that you consid- er this matter, I recommend that you proceed with a resolution re- voking the permit. RespectfuUy submitted, Gilbert D. ChaveneUe City Manager Councilman Horgan moved that the recommendation of the City Manager be approved. Seconded by Councilman Schreiber. Carried by the foUowing vote: Yeas-Mayor Kean, Councilmen Horgan, SchaUer, Schreiber, Ta- koso Nays-None. RESOLUTION NO. 70-63 WHEREAS, the City Council of Dubuque, Iowa, on the 19th day of March, 1962, caused to be issued a Class "B" Beer Permit bearing the number #31 to Rohert A. Brillhart of Dubuque, Iowa, operating at 336 Main Street, Dubuque, Iowa; and WHEREAS it has come to the RESOLVED by the City Council attention of ihe City Council that of the City of Dubuque, Iowa, that the owner of said permit was fined $15,749.00, the total amount of the $300.00 on charge of violation of Civil Defense appropriation as Section 26 of Ordinance 9-35 the amended. be transferred from the same being the Beer Ordi~ance Functional Public Safety Control- of the City of Dubuque. Iowa, pass- ling Account to its subsi~uary Ac- ed pursuant to Chapter 124 of the count known as the Pubhc Safety Code of Iowa' Civil Defense Fund, for the pur- NOW, THEREFORE BE IT RE- chase of necessary equipment, and SOLVED by the City Council of the for the payment of personnel, City of Dubuque, Iowa: maintenance and operating ex- That Class lOB" Beer Permit #31, pense. heretofore issued to Robert A. The Treasurer of said municipal- BriUhart of Dubuque, Iowa, be ity upon receipt of the approval of and the same is hereby revoked the City Council is hereby directed and the Chief of Police is di- to correct his books accordingly rected to take up such permit and to notify the City Auditor of forthwith and return same for the transfer. cancellation. Passed, adopted and approved Passed, adopted and approved by roll call vote this 1st day of this 1st day of April, 1963. April, 1963. JAMES J. KEAN JAMES J. KEAN Mayor Mayor JOHN P. SCHREIBER JOHN P. SCHREIBER PETER J. TAKOS PETER J. TAKOS LOUIS SCHALLER LOUIS SCHALLER ROBERTJ. HORGAN ROBERTJ. HORGAN Councilmen Councilmen Attest: LEO F. FROMMELT Attest: LEO F. FROMMELT City Clerk City Clerk Councilman Takos moved the Councilman Takos moved the adoption of the resolution. Second- adoption of the resolution. Second.. ed by Councilman Schreiber. Car- ed by Councilman Schreiber. Car- ried by the following vote: ried by the follOwing vote: Yeas-Mayor Kean, Councilmen Yeas-Mayor Kean, Councilmen Horgan, SchaUer, Schreiber, Takos. Horgan, SchaUer, Schreiber, Takos. Nays--None. Nays-None. 1, 1963 Regular Session, April Session, April 1, 1963 at 330 Main Street, Dubuque, and WHEREAS, it has come to the attention of the City Council that the owner of said permit was fined $300.00 on charge of violation of Section 26 of Ordinance 9-35, the same being the Beer Ordinance of pursuant to Chapter 124 of the the City of Dubuque, Iowa, passed Code of Iowa; and NOW, THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa: That Class "B" Beer Permit #112, heretofore issued to Celia M. Vosberg of Dubuque, Iowa, be and the same is hereby revoked and the Chief of Police is di- rected to take up such permit forthwith and return same for cancellation. Passed, adopted and approved this 1st day of April, 1963. JAMES J. KEAN Mayor JOHN P. SCHREIBER PETER J. TAKOS LOUIS SCHALLER ROBERT J. HORGAN Councilmen LEO F. FROMMELT City Clerk Councilman Schreiber moved the adoption of the resolution. Second- ed by Councilman Horgan. Carried hy the following vote: Yeas-Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Takos. Nays-None. 1963 To the Honorable and City Council Gentlemen: Mr. Robert A. Brillhart, owner and operator of the Tally Ho Tav- ern, was charged with violation of the Iowa State Code (Section 124.31) having alcoholic beverages stronger than 4% by weight on the premises. On November 21, 1962. on rec- ommendation of the County Attor- ney. a search warrant was issued and a search was conducted of the Tally Ho tavern. Liquor was found on the premises. Mr. Brillhart was indicted by the Grand Jury and on March 12, 1963 entered a plea of guilty before the Dubuque Municipal Court. He was fined $300.00. A Class "B" Beer Permit, No. 31, was issued to Mr. Brillhart for Iowa; March 20, Mayor Attest 1963 RESOLUTION NO. 69-63 WHEREAS. the City Council of the City of Dubuque, Iowa, on the 6th day of August, 1962, caused to be issued a Class "B" Beer Per. mit bearing the number #112 to Mrs. Celia M. Vosberg, operating March 20, To the Honorable Mayor and City Council Gentlemen: Mrs. Celia M. Vosberg, owner and operator of the Stop.Inn Tav- ern, 330 Main Street was charged with violating the Iowa State Code, Section 124.31 (having alcoholic beverage stronger than 4% by weight on premises). On November 21, 1962, on re- commendation of the County At- torney, a search warrant was is- sued covering the Stop-Inn Tavern. Liquor was found on the premises. Mrs. Celia M. Vosberg was in- dicted by the Grand Jury and on March 11, 1963 entered a plea of guilty in the Dubuque Municipal Court, and was fined $300.00. I therefore recommend that Class B Permit #112 issued to Mrs. Celia M. Vosberg on August 6, 1962 and expiring August 14, 1963, be re- voked. Respectfully submitted, Gilbert D. ChaveneUe City Manager Councilman Takos moved that the recommendation of the City Manager be approved. Seconded by Councilman Schreiber. Carried by the foUowing vote: Yeas-Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Takos. Nays-None. Passed, adopted and approved this 1st day of April A.D., 1963. JAMES J. KEAN Mayor JOHN P. SCHREIBER PETER J. TAKOS LOUIS SCHALLER ROBERT J. HORGAN Councilmen Attest: LEO F. FROMMELT City Clerk Councilman Takos moved the adoption of the resolution. Second- ed by Mayor Kean. Carried by the following vote: Yeas--Mayor Kean. Councilmen Horgan, Schaller, Schreiber, Takos. Nays-None. Regular --.^ 108 111 Passed, adopted and approved this 1st day of April, 1963. JAMES J. KEAN Mayor JOHN P. SCHREIBER PETER J. TAKOS LOUIS SCHALLER ROBERT J. HORGAN Councilmen Attest: LEO F. FROMMELT City Clerk Councilman Schreiber moved the adoption of the resolution. Sec~ onded by Mayor Kean. Carried by the following vote: Yeas-Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Takas. Nays--None. 1, 1963 Session, Apri with the ordinances of this City and they bave fil<!'d proper bonds, Now, Therefore, Be It Resolved by the City Coun- cil of the City of DUbuque that the Manager be and he is hereby di- rected to issue to the following named applicants a beer permit. PERMITS West 13th Mrs. Maryel M. Birkett, 1064 Uni versity Avenue Page Hotel, 75 East 4th Street Mrs. Alma Henkel, 241 Main Street Donald M. Love, 250 West 6th Street Regular "B" BEER Deutsch, 45 CLASS Florance Street Mr. Thomas Reisdorf addressed the Council by making inquiry as to his beer and cigarette applica- tion. After some discussion Coun- cilman Schaller moved that the resolutions on beer and cigarettes just passed be amended to include the name of Thomas S. Reisdorf. Seconded by Councilman Horgan. Carried by the following vote: YeaS-Mayor Kean, Councilmen Horgan, Schaller, Takos. Nays-Councilman Sch' reiber. There being no further business Mayor Kean moved to adjourn. Seconded by Councilman Horgan. Carried by the following vote: Yeas-Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Ta- kas. Nays-None. Mrs. Josephine A. Burke, 215 West 9th Street University Elm 4th 500 Rhom- Ave- West nue Richard Locust Harriet Bush, 700 East 16th Street Marlyn L. Weber, 1904 Centra Avenue East Central 1401 450 Dorance E. Cox, Avenue Herbert F. Bisping, Street Dubuque Baseball, Inc. Street Ext. Richard D. Lonergan, berg Ave. Carl N. Brant, 2613 Stecklein, 2600 N. , LEO F. FROMMELT City Clerk 963 963 Approved Adopted Councilmen Attest .................cii7.ci~'k 22nd d/b/a Holi- 1111 Dodge BEER PERMIT 2119 Rhom- Asbury S. CLASS "e" Anthony F. Fecker, berg Avenue Eagle Food Centers, Locust Street William J. White, Street Donald D. Schroeder, Avenue Earl J. McNamara, 1046 University Avenue Carl Chalder, 101 East 5th Street 2890 Central Uni BE IT FURTHER RESOLVED that the bonds filed by such appli- cants be and the same are hereby approved. 200 East 2620 Inc. 1993 Thomas S. Reisdorf, 521 Street Erschen, Southern Lounge, Inc. day Inn Restaurant, Street Mrs. Alice H. versity Ave. Attest: Councilman Schreiber ,moved the adoption of the resolution. Second- ed by Councilman Schaller. Carried by the following vote: Yeas-Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Takas. Nays-None. RESOLUTION NO. 74-63 WHEREAS, applications for Beer Permits were filed by the within named applicants and they have received the approval of this Council; and WHEREAS, the premises to be occupied by such applicants were inspected and found to comply Mrs. Maryel M. Birkett, 1068 Uni. versity Ave. Page Hotel, 75 East 4th Street Mrs. Alma Henkel, 241 Main Street Donald M. Love, 250 West 6th St. Mrs. Josephine A. Burke, 215 West 9th Street Dorance E. Cox, 2613 University Ave. Herbert F. Bisping, 1401 Elm St. Dubuque Baseball, Inc., East 4th Street Ext. Richard D. Lonergan, 500 Rhom. berg Avenue. Carl N. Brant, 2600 Central Avenue Richard N. Stecklein, 450 West Lo- cust Harriet Bush, 700 East 16th Street Merlyn L. Weber, 1904 Central Ave. Thomas S. Reisdorf, 521 East 22nd Street. John B. Burgbaier, 2401 Windsor Avenue. Southern Lounge Inc., d/b/a Holi- day Inn Restaurant, Ull Dodge Street. CLASS "C" BEER PERMITS Anthony F. Fecker, 2U9 Rhomberg Avenue. Eagle Food Centers, Inc., 200 S. Locust Street. William J. White, 1993 Asbury St. Donald D. Schroeder, 2890 Central Avenue. Earl J. McNamara, 1046 University Avenue. Carl Chalder, 101 East 5th Street. Passed, adopted and approved this 1st day of April, 1963. JAMES J. KEAN Mayor JOHN P. SCHREmER PETER J. TAKOS LOUIS SCHALLER ROBERT J. HORGAN LEO F. FROMMELT City Clerk 1963 1, Session, April RESOLUTION NO. 72-63 Be It Resolved by the City Coun- eil of the City of Dubuque, Iowa, that the following, having com- plied with the provisions of law relating to the sale of cigarettes within the City of Dubuque, Iowa, be granted a permit to sell Cig- arette and Cigarette Papers within said City. Clarke College, 1550 Clarke Drive William Hancock, Asbury & Carter Road Gordon Cuningham, Bunker Hill Golf Course Robert Beidler, U22 Dodge Street Roger "Rommell, 1005 Rockdale Road Marco Giunta, 2002 Central Ave- Regular 110 nue (Transfer of address from 1564 Central Ave.) John B. Burgmaier, 2401 Windsor Ave. (Transfer of address from 2417 Rhomberg Avenue) Be It Further Resolved that the bonds filed with the applications be approved. Passed, adopted and approved this 1st day of April, 1963. JAMES J. KEAN Mayor JOHN P. SCHREmER PETER J. TAKOS LOUIS SCHALLER ROBERT J. HORGAN Councilmen LEO F. FROMMELT City Clerk Attest: Councilman Schreiber moved the adoption of the resolution. Sec- onded by Councilman Horgan. Car- ried by the following vote: Yeas-Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Ta- koso Nays-None. RESOLUTION NO. 73-63 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. CLAS Florence S "B" BEER PERMIT Deutsch, 45 West 13th St 113 April To the Honorable Mayor and City Council Gentlemen: This is to inform you that on Thursday afternoon, April 11th, the City Traffic Committee met with Mr. R. F. Scfzik. The problem of parkng in downtown alleys was discussed. Mr. Sefzik presented his ideas on handling the situation. I bclieve that only good will come out of the meeting, both in satisfaction to Mr. Sefzik and in a better handling of the problem. Respectfully submitted, Gilbert D. Chavenelle City Manager 1963 19,1963 Counclman Schreber moved that the communcation be received and filed. Seconded by Councilman Horgan. Carried by the following vote: Yeas-Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Takas. Nays-None. To the Honorable and City Council Gentlemen: The proposed street lighting plan, proposed to be installed in Sun. rise Heights (Andrew J. Richard) on Shady Lane froDl Boyer Street to Richards Street, is recommend- ed for your acceptance and approv- al. These lights are a new type of Boulevard lighting and would be the first of this type installed in the City of Dubuque. (Engineering data attached). The specific loca- tions for these lights are: 1. Between Lots 4 and 5, Block 6, Shady Lane. 2. Between Lots 6 and 7, Block 6, Shady Lane. 3. Between Lots 8 and 9, Block 6, Shady Lane. 4. Between Lots 9 and 10, Block 5, Shady Lane. 5. Between Lots 11 and 12, Block 5, Shady Lane. Respectfully submitted, Gilbert D. Chavenelle City Manager Councilman Schreiber moved that the recommendation of the City Manager be approved. Second- ed by Councilman Takos. Carried by the follOwing vote: Yeas-Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Takos. Nays-None. ~ 1963 I. Leo F. Frommelt, City Clerk of City of DUbuque, Iowa do here- by certify the foregoing to be a true and correct copy of a resolu- tion adopted by said City of Du. buque, Iowa, at a special meeting on April 19, 1963; that said resolu- tion is still in effect; that the agreement referred to therein, attached thereto, is in the form presented to said meeting and in the form executed. Witness the seal of said City of Dubuque, Iowa and my signature this 19th day of April, 1963. JAMES J. KEAN Mayor LEO F. FROMMELT City Clerk (SEAL) April To the Honorable Mayor and City Council Gentlemen: A request has been received from Carris Construction Company for the installation of new street lights on Rosewood, Marywood and Crissy Drives. It has been recommended by the Electrical Inspector that street lights, 4000 lumen incondescent, be installed at the following loca- tions: 1. Southeast corner of Old Timers Road and Marywood Drive. Between Lot 4 and 5. Block 20, Marywood Drive. On easement between Lot 9 and 10, Block 21 or northwest corner of Glenview and Crissy Drives. . Southwest comer of intersec- tion of Crissy and Marywood Drives. 5. Rosewood Drive on easement between Lots 17 and 18 of Block 21. 6. Southeast corner of Rosewood and Old Timers Road. Respectfully submitted, Gilbert D. Chavenelle City Manager Councilman Schreiber moved that the recommendation of the City Manager be approved. Second- ed by Mayor Kean. Carried by the following vote: Yeas-Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Takos. Nays-None. 16, 18, 2. 3. 4. April Mayor I recommend that the Mayor and City Clerk be authorized to exe- cute the license agreement on be- half of the City. Respecftully submitted, Gilbert D. Chavenelle City Manager Councilman Schreiber moved that the recommendation of the City Manager be approved. Second- ed by Mayor Kean. Carried by the following vote: Yeas-Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Ta- koso Nays-None. Be it resolved by City of Du- buque, Iowa that the Mayor and City Clerk be hereby authorized to execute an agreement dated March 12, 1963 with nIinois Cen- tral Railroad Company, copy at- tached, for permission to con- struct and maintain 125 ft. 96-in. reinforced concrete sewer on the right of way at Mile Post C. 183 plus 3900 ft. at Dubuque, Iowa, gravity flow. Be it further resolved a certi- fied copy of this resolution be transmitted to nIinois Central Rail- road Company. T. Present - Mayor Kean, Council~ men Horgan, Schaller, Schreiber, Takos. City Manager Gilbert D. Chavenelle. Mayor Kean read the call and stated that service thereof bad been duly made and that this meet- ing is called for the purpose of considering appointments to vari- ous "'Boards and Commissions and acting on any other business that may properly come before a reg- ular meeting of the City Council. Communication of Dubuque Park Board withdrawing their let- ter of March 22, 1963 relative to the appointment of a new member to fill the vacancy created by the recent death of one of their mem- bers, feeling that they have the legal right to appoint a new mem- ber, presented and read. Council- man Takos moved that the com- munication be received and filed. Seconded by Mayor Kean. Carried by the following vote: Yeas-Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Takas. Nays-None. To the Honorable and City Council Gentlemen: The following reappointments to the Board of Heating, Ventilating, Air-Conditioning and Refrigeration are recommended: WILLIAM A. GIESE DONALD J. KOPP The term of these appointments wil be for a period of three (3) years, to be effective March 16, 1963. I request that you confirm these appointments. Respectfully submitted, GILBERT D. CHAVENELLE City Manager Couneilman Schaller moved that the appointments be confirmed. Seconded by Mayor Kean. Carried by the following vote: Yeas-Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Ta- koso Nays-None. Session, April 1983 16, 1963 April 19, Mayor Special Session, April 19,1963 Communication of A mer i can Surety Co. submitting a revocation of Power of Attorney dated Febru- ary 27, 1963 and submitting a new Power of Attorney, dated April 5, 1963, naming M. P. Hogan and Gertrude Wersinger as attorneys in fact in the amount of $300,000.- 00 presented and read. Councilman Takos moved that the communica- tion be received and filed. Second- ed by Councilman Schreiber. Car- ried by the following vote: Yeas-Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Takos. Nays-None. April 12, 1963 The Honorable Mayor and City Council Gentlemen: Attached is a license agreement from the Illinois Central Railroad Company for the construction of a section of the Southern Avenue Storm Sewer Extension: this agree- ment is for that portion of the storm sewer which will be con- structed on their property adja- cent to the property conveyed to the City for the extension of Huff Street. CITY COUNCIL OFFICIAL Special Session, April 19, 1963. met at 7:30 P. M. C. S. Special Council 112 ~...._-~~~~---~. - -=~~ Councilman Takas moved that the recommendation of the City Attorney he approved and the Au- ditor instructed to draw a warrant payable to Ruth Wild, executrix of the estate of Mathilda A. Wild, de- ceased in the amount of $1700.00. Seconded by Councilman Schrei- ber. Carried by the following vote: Yeas-Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Ta- kas. Nays-None. 115 April 18, 1963 Honorable Mayor and City Council City of Dubuque Gentlemen: On February 7, 1961 Mathilda A. Wild by her attorneys filed claim against the City of DUbuque in an unspecfied amount for damages allegedly suffered by the claimant on January 5, 1961 as the result of a fall upon a sidewalk at or near 690-698 Main Street in the City of Dubuque, Iowa. Claimant alleged that the sidewalk was bro- ken, icy and defective caUSing claimant's fall. The sald Mathilda A. Wild suf- fered a fractured hip with compli- cations. That the said Mathilda A. Wild died on December 17, 1962 and thereafter Ruth Wild was appoint- ed executrix of her estate. That said executrix has made an offer of settlement in the amount of $3200.00, of which amount the owner of the property abutting said sidewalk, the Archdiocese of Dubuque, has offered to pay the sum of $1500.00 leaving the amount of $1700.00 to be paid by the City. It is the recommendation of the City Attorney that said offer of settlement be accepted and the City Auditor be instructed to draw a warrant payable to Ruth Wild, executrix of the estate of Mathilda A. Wild, deceased. in the amount of $1700.00 and to transmit the same to the City Attorney for de- livery upon receipt of duly exe- cuted releases. Original to. attached here- submitted, I ~ Session, April Notice of claim of Mrs. Ralph Cavanaugh, in the amount of $175 for personal injUries received in a fall as the result of tripping over a tilted drain cover at 415 Rhomberg Avenue on February 13, 1963, presented and read. Coun- cilman Schaller moved that the Notice of Clalm be referred to the City Solicitor for investigation and report. Seconded by Mayor Kean. Carried by the following vote: Yeas-Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Takos. Nays-None. Notice of claim of Irma Phillips, in an unnamed amount, for per- sonal injuries received in a fall at the alley crossing adjacent at 1064 University Avenue on March 2, 1963, due to the accumulation of ice and snow, presented and read. Councilman Schaller moved that the Notice of Claim be referred to the City Solicitor for investigation and report. Seconded by Mayor Kean. Carried by the following vote: Yeas-Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Takas. Nays-None. 19,1963 GRANT OF EASEMENT Know all men by these present: That in valuable consideration paid hy the State Conservation Commission, acting for the State of Iowa, the receipt whereof is hereby acknowledged, the under- signed, being the owner of Lot two (2) of the Subdivision of Lot Five (5) of Government Lot one (1) in Scction six (6), Town- ship eighty-eight (88) North, Range three (3) East of the 5th P.M. in Dubuque County, Iowa, hereby grants and conveys to the said State of Iowa a perpet- ual right of easement in, over. and across said Lot two (2) of the Subdivision of Lot five (5) of Government Lot one (1) in Scction six (6), Township eighty-eight (96) North, range three (3) East of the 5th P.M. in Dubuque Coun- ty, Iowa for the purpose of de. veloping an access road, parking area. and public facilities, and said grantee and assigns will hereafter be responsible for the maintenance of said develop- ments. This grant of easement shall be binding upon the undersigned, its purchasers, and assigns forever. Signed this 19th day ()f April, 1963. Attest: Respectfully R. N. Russo City Attorney is 19,1963 claim SIDEWALK Donald Walser and John T. Link, d/b/a Walser and Link, U.S. Fi- delity & Guaranty Co. Willy Construction Com pan y, United Pacific Ins. Co. Respectfully submitted, Gilbert D. Chanavclle, City Manager Councilman Schaller moved that the filing be approved subject to the approval of the City Solicitor. Seconded by Councilman Schrei- ber. Carried by the following vote: Yeas-Mayor Kean, Councilmen Horgan, SchaUer, Schreiber, Takos. Nays-None. Notice of claim of Miss Grace B. Beach, in an unnamed amount, for personal injuries received in a fall on an ice covered sidewalk at the southwest corner of Iowa and Lor- as on February 28, 1963, presented and read. Councilman Schaller moved that the Notice of Claim be referred to the City Solicitor for investigation and report. Sec- onded by Mayor Kean. Carried by the following vote: Yeas-Mayor Kean, Councilmen Horgan, Schaller, Schreiber. Takos. Nay~None. Special JAMES J. KEAN Mayor JOHN P. SCHREIBER PETER J. TAKOS LOUIS SCHALLER ROBERT J. HORGAN Councilmen LEO F. FROMMELT City Clerk April 19, 1963 To the Honorable Mayor and City Council, Gentlemen: This is to advise that I have approved the following bonds and policies and desire to have your approval on same for filing, sub- ject to the approval of the City Solicitor: Session, Apri 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 March 1963, present- ed and read. Councilman Schreiber moved that the proof of publication be received and filed. Seconded by Councilman Takos. Carried by the following vote: Yeas-Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Takos. Nays-None. 1963 1963 The Honorable Mayor and City Council Gentlemen: The Dubuque Park Board and members of your staff recommend that the City Council grant an easement to the state of Iowa on the Julien Dubuque Gravesite for the purpose of developing an ac- cess road, parking area and pub. lic facilities. I, therefore, request that your Honorable Body grant said ease- ment to the State of Iowa. Respectfully submitted, Gilbert D. Chavenelle City Manager 114 April 12, 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 March, as well as a list of claims and pay- rolls for which warrants were is- sued for the month of March, 1963. Respectfully, Gilbert D. Chavenelle Cty Manager Councilman Schreiber moved that the reports be received and filed. "-Seconded by Councilman Horgan. Carried by the following vote: Yeas-Mayor Kean. Councilmen Horgan, Schaller, Schreiber, Ta- koso Nays-None. 19, Special i\.pril EXCAVATION John Jones, 3015 Shiras Avenue, Policy No. CL 45689, Ohio Farm- ers Insurance Co. Clemens-Smith Construction, Inc., Peosta, Iowa, Policy No. CL 867680, Bituminous Casualty Co. Mayor Kean moved that the easement be granted. Seconded by Councilman Schreiber. Carried by the following vote: Yeas-Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Ta- koso Nays-None. ~-~ -....-- ~---- -~- . 117 Councilman Schreiber moved that the rules be suspended requir. ing an Ordinance to be read on three separate days. Seconded by Councilman Schaller. Carried by the following vote: Yeas-Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Takas. Nays-None. ORDINANCE NO. 12-63 ORDINANCE ESTABLISlDNG CLOS. ING HOURS TO THE PUBLIC AS TO EAGLE POINT PARK AND GRAND- VIEW PARK IN THE CITY OF DU- BUQUE AND PROVIDING PENALTY FOR VIOLATION THEREOF. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Eagle Point Park md Grandview Park shall be closed to the Public dUring the hours from 12:00 o'clock P.M. to 7:00 o'clock A.M. in. clusive, dUring the regular open park season; SectiOn 2. During the period of time, other than the regular open park sea. son, . no person or persons shall enter or remam in Eagle Point Park or in Grandview Park in the interval between sunset and sunrise; Section 3. Any person who shall vio- late any of the provisions of this Ord- inance shall be fined not more than One Hundred ($100.00) Dollars or im- prisoned not more than thirty (30) days in lieu of such fine. Section 4_ This Ordinance shall be in full force and effect from and after its final passage, adoption and Publication as by law provided. Introduced the 19th day of April, 1963. Rule requiring reading on three sep- arate days suspended by unanimous vote the 19th day of April, 1963_ Passed by recorded roll call vote, adopted and approved this 19th day of April, 1963. JAMEs J. DAN, Mayor JOHN P. SCHREIBER LOUIS SCHALLER PETER J_ TAKOS ROBERT J. HORGAN Councilmen Attest: LEO F. FROMMELT, City Clerk Published officially in the Telegraph- Herald Newspaper this 25th day of April 1963. LEO F. FROMMELT, City Clerk It 4-25 Councilman Schreiber moved the adoption of the Ordinance. Sec- onded by CounCilman Schaller. Carried by the fOllowing vote: Yeas-Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Takas. Nays--None. Petition of William Korman et al requesting the installation of street lights on Carlton Avenue, presented and read. Councilman Horgan moved that the petition be referred to the City Manager and Electrical Inspector for investiga- tion and report. Seconded by Councilman Schaller. Carried by the following vote: Yeas--Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Takas. Nays-None. Session, April 19,1963 south of DOdge Street centerline, to Station 189 + 00, which is' 243.2 feet north of said centerline: alSo! parking of any nature will be prohibi ed for a distance of thirty-five feet (35') from the back of sidewalk line of remaining in- tersection street approaches. Parking of any nature will be pro- hibited on the east and west sides of Kerrigan Road of Highway U.S. Nos. 61 and U.s. 151 from the south corpora- tion line of the City of Dubuque, Iowa, to Southern A venue or Locust st., also on the east side of Locust Street from Kerrigan Road or Southern Avenue to a point 726.3 feet south of the intersection of Dodge and Locust Streets: also, park- ing of any nature will be prohibited for an approach distance of 135' east on Railroad Avenue at U.S. No. 61 and for a distance of thirty-five (35') from the back of sidewalk line of remain- Ing Intersecting street approaches. A single line of parallel parking will be permitted on the remaining areas of the before mentioned projects. Section 6. Penalty. Any person violat- Ing any provision of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined not more than one hundred dol- lars ($100.00), or by im~risonm('nt fer not more than thirty (30) days. Section 7. That all Ordinances or parts of Ordinances in conflict herewith are hereby repealed. Seeton 8. This Ordinance shall be in full force and effect from and after its final pass~ge-" approval and publication as Provided by law. Passed, adopted, and approved on this 19th day of April, 1963. JAMEs J. KEAN, Mayor JOHN P. SCHREmER LOTHS SCHALLER PETER J. TAKOS ROBERT J. HORGAN Councilmen the Telegraph_ 25th day of It 4/25 Councilman Schreiber moved the adoption of the Ordinance. Second- ed by Councilman Schaller. Car- ried by the following vote: Yeas-Mayor Kean, Councilmen Horgan, Schaller, Schreiber Takos. Nays--None. ORDINANCE NO. 12-63 An Ordinance establishing Clos. ing hours to the Public as to Eagle Point Park and Gr.ndview Park in the City of Dubuque and providing pen.lty for viol.. tion thereof, presented and read. Councilman Schreiber moved that the reading just had be con- sidered the first reading of the Or- dinance. Seconded by Councilman Schaller. Carried by the follOWing vote: Yeas--Mayor Kean, Councilmen Horgan, Schaller. Schreiber, Takos. Nays-None. LEO F. FROMMELT City Cierk Special Attest: LEO F. FROMMELT City Clerk Publfshed officially in Herald newspaper this April 1963. 19,1963 preservation of the pUblic peace, health and safety, and the promotion of Gen. eral Welfare, and WHEREAS the City Council agreed under Resolution (37-56) and (38-56) signed March 5, 1956 to pass Ordinances for access control and traffic control. NOW THEREFORE Be It Ordained by the City Council of the City of Du- buque, Iowa: Section 1. This Ordinance shall be deemed an exercise of the pollce power of the City under Chapter 148, Acts of the Fifth-sixth General Assembly of the State of Iowa, for the preservation of the publiC peace, health and safety, and the promotion of General Welfare. Section 2. Definition. For the purpose of this Ordinance, a controlled access facility shall mean controlled right of easement of access, light, air, or view by reason of the fact that their prop- erty abuts upon such controlled-access facility or for any other reason. Section 3. Unlawful use of controlled- aceess facilities. It shall be unlawful for any person to: A. Drive a vehicle over, upon or across any curb, central dividing sec- tion or other separation or dividing line on such controlled-access facllltles. B. Make a left tum or a semi-circu- lar or U-turn except through an open- ing ~rovided for that purpose in the dividmg curb section, separation or line. C. Drive any vehicle exceft In the proper lane provided for tha purpose, and in the proper direction, and to the right of the central dividing curb, sep- aration section, or Une. D. Drive any vehicle into the con- trolled-access facility from a local ser- vice except through an opening provid- ed for that purpose in the dividing curb or dividing section or dividing line which separates such service road from the controlled-access facility prop- erty. Section 4. Establishment. There are hereby fixed and established controlled- access facilities on the primary Road System Extension Improvements Proj- ect No. U-305 (6) Primary Road In U.S. 20 and U.S. 52 and Project No. U-17 (5); Primary Road No. U.S. 61 and U.S. 151, all within the City of Dubuque, Iowa, described as follows: Primary Roads U.S. Nos. 20 and 52 from Station 100 + 52.2 to Station 106 + 43.9' on Dodge Street; also from Station 179 + 30.5 to station 192 + 36.7 on Locust Street or PrImary Road No. U.S. 20 on Dodge Street from Station 100 + 52.2 to Station 106 + 43.9 regulat. ing access to and from the east prop- erty line of Bluff Street to west end of Julien Dubuque Bridge. Primary Road No. U.S. 52 on Locust Street from Station 179 + 30.5 to Sta. tlon 192 + 36.7 regulating access to and from a point located 726.3 feet southerly of Dodge Street to the center line of Jones Street, all in accordance with the plans for such improvement identified as Project No. U-305 (6) on file in the office of the City Clerk. Primary Road No. U.S. 61 and U.S. 151 on Kerrigan Road and Locust Street from Station 105 + 90.15 to Station 179 + 30.5 regulating access to and from a point 726.3 feet southerly of Dodge Street to the south corporation line of Dubuque, Iowa, all in accordance with the plans for such improvement identi- fied as Project No. U.17 (5) on file in the office of the City Clerk. Section 5. Parking. Parking of any nature will be prohibited on the north and south sides of Dodge Street of Highway U.S. No. 20 from Bluff Street to the Julien Dubuque Bridge, and on the east and west sides of Locust Street from Station 184 + 00 which Is 256.8' ',;,.:,-..-#. Special Session, April ORDINANCE NO. 11-63 An ordinance fixing and establishing controlled access and regulations of traffic on prbnary roads Nos. U.S. 20; U.S. 52; U.S. 61; and U.s. 151 within the City of Dubuque, Iowa, described as follows: On present route of Highway U.S. No. 20 from a point four feet (4') west- erly of the intersection of Dodge and Bluff Streets north: thence easterly on Dodge Street to the west end of the Julien Dubuque Bridge, more specifi- cally described as from Station 100 + 52.2 to Statton 106 + 43.9; also, on pres- ent route of Highway U.S. No. 52 from a point located 726.3 feet southerly of the intersection of Dodge and Locust Streets; thence northerly of said Locust Street across Dodge Street to the cen- ter of Jones Street, more specifically described as from Station 179 + 30.5 to Station 197 + 367, identified as Project No. U-305 (6). On present route of Highway U.S. Nos. 61 and U.S. 151 from the south corporation limits of the City of Du- buque northerly to Locust Street, known as Kerrigan Road; thence north- erly on Locust Street to a point of 726.3 feet south of the Intersection of Dodge and Locust Streets, more spe- cifically described as from Station 105 + 90.15 to Station 179 + 30.5, identi- fied as Highway Comnussion Project No. U-17 (5). Regulation ingress or egress from and across such controlled access fa- cilities to or from abutting land, des- ignating points at which access may be permitted regulating traffic and pro- viding penall1es for the violations thereof. WHEREAS PrImary Roads Nos. U.s. 20-, U.S. 52, b.s. 81, and U.s. 151 with- in the corporate Umits of the City of Dubuque.. Iowa, as described previous- ly, is bemg Improved, the cost of such Improvement being borne by the Bu- reau of Public Roads and the State IUghway Commission and the partici- pation in the cost thereOf, dependent on the establlshment of the controlled access facilities and traffic control and said facilities are necessary for the ORDINANCE NO. 11-63 An Ordinance fixing and estab- lishing controlled access and regulations of traffic on primary roads Nos. U. S. 20; U. S. 52; U. S. 61 and U. S. 151 within the City of Dubuque, Iowa, presented and read. Councilman Schreiber moved that the reading just had be con- sidered the first reading of the Ordinance. Seconded by Council~ man Schaller. Carried by the fol- lowing vote: Yeas--Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Takos. Nays-None. Councilman Schreiber moved that the rules be suspended re- quiring an Ordinance to be read on three separate days. Scconded by Councilman Schaller. Carried by the following vote: Yeas-Mayor Kean, Councilmen Horgan, Schaller. Schreiber, Takos. Nays-None. 116 ~-- "~ -. ~~~~----- 119 fact together with the cost thereof to the City Council, whereupon the cost of such connection shall be assessed against such abutting property. Adopted this 19th day of Apri 1963. JAMES J. KEAN Mayor JOHN P. SCHREIBER LOUIS SCHALLEIt PETER J. TAKOS ROBERT J. HORGAN Councilmen LEO F. FROMMELT City Clerk Councilman Schaller moved the adoption of the resolution. Second- ed by Councilman Takas. Carried by the fOllowing vote: Yeas--Mayor Kean, Councilmen Horgan, Schaller, Schreiber, T3ktls. Nays-None. ~ I 19,1963 Attest: RESOLUTION NO. 77-63 RESOLUTION REQUIRING ABUT- TING PROPERTY OWNERS TO MAKE SEWER AND WATER AND GAS CONNECTIONS. WHEREAS, the City Council has heretofore adopted Resolution No. 45-63, being the Resoiution of Necessity for permanently improv- ing City of Dubuque 1963 Bitumin- ous Concrete Paving Project No.1. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the owners of all property abutting on said improve- ment are hereby required to make connections from the sewer, water and gas mains to the curb line of said property prior to June 6, 1963. Section 2. That the City Clerk is hereby authorized and directed to serve a written notice on such abutting property owners in ac- cordance with Ordinance No. 128, ordering compliance with this Reso. lution; Section 3. That in the event any such property owner shall fail or refuse to make such connection within the time set out in this Resolution, then the City Manager shall proceed to have said connec- tion made upon a contract made and entered into for that purpose and upon completion, report ssid fact together with the cost thereof to the City Council, whereupon the cost of such connection shall be Special Session, April and upon completion, report said fact together with the cost thereof to the City Couneil, whereupon the cost of such connection shall be assessed against such abutting property. Adopted this of 1963. April JAMES J. KEAN Mayor JOHN P. SCHREIBER LOUIS SCHALLER PETER J. TAKOS ROBERT J. HORGAN Councilmen LEO F. FROMMELT City Clerk Councilman Schaller moved the adoption of the resolution. Sec- onded by Councilman Takos. Car- ried by the following vote: Yeas-Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Takos. Nays-None. RESOLUTION NO. 7~ Resolution requiring abutting property owners to make sewer and weter end gas connections. WHEREAS, the City Council has heretofore adopted Resolution No. 49-63, being the Resolution of Ne- cessity for permanently improving City of Dubuque 1963 Concrete Paving with fntegral Curb Project No.!. Now, Therefore, Be It Resolved by the City Council of the City of Dubuque, Iowa: Section 1. That the owners of all property abutting on said im- provement are hereby required to make connections from the sewer, water and gas mains to the curb line of said property prior to wa- ter and gas mains to the curb line of said property prior to June 6, 1963. Section 2. That the City Clerk is hereby authorized and directed to serve a written notice on such abutting property owners in ac. cordance with Ordinance No. 128, ordering compliance with this Res- olution; Section 3. That in the event any such property owner shall fail or refuse to make such connection with in the time set out in this Resolution, then the City Manager shall proceed to have said connec. tion made upon a contract made and entered into for that purpose and upon completion, report s:\id 19th day Attest: Session, April 19,1963 Petition of Luekemia Society Inc. requesting permission to con- duct a fund raising campaign sometime during the month of May 1963, presented and read. Councilman Schaller moved that the petition be referred to the Mayor and City Manager for ap- proval. Scconded by Couneilman Schreiber. Carried by the following vote: Yeas-Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Takos. Nays-None. Petition of Theodore N. Stacki. requesting permission to excavate in Saunders street for sanitary sewer connection which will not necessitate disturbing the present pavement, presented and read. Councilman Schaller moved that the petition be granted. Seconded by Councilman Takos. Carried by the following vote: Yeas-Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Takos. Nays-None. RESOLUTION NO. 75-63 Resolution requiring .butting property owners to mIIke sewer and water and gas connections. WHEREAS, the City Council has heretofore adopted Resolution No. 53-63, being the Resolution of Ne- cessity for permanently improving City of Dubuque 1963 Hot Mix-Hot Laid Asphaltic Concrete. Paving Project No.1 Now, Therefore, Be It Resolved by the City Council of the City of Dubuque, Iowa: Section 1. That the owners of all property abutting on said im- provement are hereby required to make connections from the sewer, water and gas mains to. the curb line of said property prior to June 6, 1963. Section 2. That the City Clerk is hereby authorized and directed to serve a written notice o.n such abutting property owners in ac- cordance with Ordinance No. 128, ordering compliance with this Resolution; Section 3. That in the event any such property owner shall fail or refuse to make such connection within the time set aut in this Resolutian, then the City Manager shall proceed to. have said cannec- tion made upon a contract made and entered into for that purpose '"~";;".'''' Special Petition of John M. Schwending- er et ux objecting to the proposed vacation af Barry Street, presented and read. Cauncilman Schaller moved that the petition be re- ferred to the Planning & Zoning Commission. Seconded by Mayor Kean. Carried by the following vate: Yeas-Mayor Kean, Cauncilmen Hargan, Schaller, Schreiber, Takos. Nays-None. Petitian af Louis Buechel re- questing permission to excavate in Kaufmann Avenue to. repair water leak at the Hartig Drug Stare _~ property, presented and read. Mayor Kean moved that the petition be granted. Seconded by Councilman Schreiber. Carried by the following vote: Yeas-Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Takes. Nays-None. 118 - Petition of Dorothy C. Sauer, at- torney for Marie Rettenmaier re- questing issuance of deed from the City to Marie Rettenmaier eover- ing the portion of the westerly 10' vacated of Troy street abut- ting Lot 7 of High Street Subdi- vson, presented and read. Coun- clman Schaller moved that the pc- ttion be referred to the City Solic- itor for proper proceedings. Sec- onded by Councilman Takas. Car- ried by the following vote: Yeas-Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Takos. Nays-None. Petitian of Veterans of Foreign Wars requesting permission to canduct their annual Buddy Poppy Sale on Friday May 17 and Satur- day May 18, 1963, presented and read. Councilman Schreiber moved that the petition be granted pro- viding there are no. conflicting dates. Seconded by Mayor Kean. Carried by the following vote: Yeas--Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Takos. Nays-None. Petition of Dubuque Shrine Club requesting permission to hold a parade on May 4, 1963, presented and read. Councilman Takos moved that the petition be grant- ed. Seconded by Mayor Kean. Car- ried by the following vote: Yeas-Mayor Kean, Cauncilmen Horgan, Schaller, Schreiber, Takos. Nays-None. I I I I , I I I I I I -- I 121 We, Fay Thomas Steger and Cal- ista Ann" Steger, being familiar with the terms and conditions of the foregoing Resolution No. 78.63 hereby accept the same and agree to perform the conditions required of us therein. Dated this A.D. 1963. FAY THOMAS STEGER CALISTA ANN STEGER Councilman Schreiber moved the adoption of the resolution. Second- ed by Councilman Takas. Carried by the fOllowing vote: Yeas-Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Takas. Nays-None. COUNCIL RECESSED 8:20 P.M. COUNCIL RECONVENED 8:55 P.M. Councilman Takas moved that Mr. Dominic Goodman be appoint- ed to the Park Board to fill the unexpired term of Fred Fuhrman, deceased, to December 31, 1965. Seconded by Councilman Horgan. Carried by the following vote: Yeas-Mayor Kean, Councilmen Horgan, SchaUer, Schreiber, Takas. Nays-None. April Councilman Takas moved that Lester Streinz be re-appointed to the Board of Zoning Adjustment for a five year term to March 5, 1968. Seconded by Councilman Horgan. Carried by the following vote: Yeas-Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Takas. Nays-None. Councilman Takas moved that George Deininger be appointed to Board of Zoning Adjustment to March 5, 1964 to fill the unexpired term of Raymond Bergquist, de- ceased, also that George Deininger he appointed to the Planning & Zoning Commission to fill the un- expired term of Raymond Berg- quist, deceased, to May 24, 1963, also that George Deininger be appointed to the Planning & Zoning Commission for a five year term from May 24, 1963 to May 24, 1968. Seconded by Councilman Horgan. Carried by the following vote: Yeas-Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Takos. Nays-None. ACCEPTANCE OF RESOLUTION NO. 78-63 22nd day of 19,1963 Special Session, April (h) To maintain the street and side- walk improvements for a periOd of four years from the date of their acceptance by the City of Dubuque and to maintain the sanitary sewer and water mains for a period of four years from the date of its acceptance by the City of Dubuque; To provide the foregoing con. struction and maintenance, all at the expense of the subdivid- er, Fay Thomas Steger and Cal- ista Ann Steger, husband and wife, as owners; (j) To construct all of said im- provements except sidewalks prior to September 1, 1964, and to construct the sidewalk im- provements prior to September 1, 1965; and further provided that said Fay Thomas Steger and Calista Ann Steger, as owners of said Subdivi- sion, secure the performance of the foregoing conditions by providing security in such form and with such sureties as may be acceptable to the City Manager; Section 3. That in the event Fay Thomas Steger and Calista Ann Steger shall fail to execute the ac- ceptance and provide the security provided for in Section 2 hereof within 45 days from the date of this Resolution, the provisions hereof shall be null and void and the ac- ceptance of the dedication and the approval of the plat shall not be effective. PASSED, ADOPTED AND AP- PROVED by unanimous recorded roll call this 19th day of April, A.D. 1963. this This is to certify that the secur- ity provided by the foregoing Reso. lution No. 78-63 has been provided by the owner. Attest: Dated at Dubuque, 13th day of May, 1968. GILBERT D. CHAVENELLE, City Manager JAMES J. KEAN, Mayor JOHN P. SCHREIBER LOUIS SCHALLER PETER J. TAKOS ROBERT J. HORGAN Councilmen LEO F. FROMMELT, City Clerk Iowa, (i) , Session, April 19,1963 WHEREAS, said plat has been examined by the City Council, and said Couneil finds that the same conforms to the statutes and ordin- ances relating thereto and that the grades have not been estab- lished, or the street graded, or the surfacing, or sewer and water mains installed; NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the dedication of Croydon Crest as it appears on said plat, together with easements for public utilities shown thereon. be and the same is hereby ac- cepted; Section 2. That the plat of the Subdivision of Blocks 16 and 17 in Steger Heights in the City of Du- buque, Iowa, be and the same is hereby approved, and the Mayor and City Clerk are hereby author- ized and directed to endorse the approval of the City of Dubuque upon said plat, provided the owners of said property hereinafter named, execute their written acceptance hereto attached, agreeging: (a) To reduce Croydon Crest to grade as shown by the profile submitted with the plat; (b) To surface Croydon Crest as the same appears on said plat for a width of thirty feet from curb to curb with bituminous concrete with combination ceo ment curb and gutter, Type A curb, all in accordance with the City of Dubuque Standard Specifications for bitumious concrete streets; (c) To install watermains in accord- ance with the plans submitted with the plat; (d) To install storm and sanitary sewers in accordance with plan submitted with the plat; (e) To install sanitary sewer and water house laterals for each lot from the mains to the prop- erty line; . (f) To construct sidewalks as re- quired by City Ordinances; (g) To construct the foregoing im. provements in accordance with the plans and specifications ap- proved by the City Manager un- der the inspection of the City Engineer and in the manner ap- proved by the City Manager: assessed against such abutting property. Adopted this 19th day of April, 1963. JAMES J. KEAN Mayor JOHN J. SCHREIBER LOUIS SCHALLER PETER J. TAKOS ROBERT J. HORGAN Councilmen Attest: LEO F. FROMMELT City Clerk Councilman Schaller moved the adoption of the resolution. Sec- onded by Councilman Takas. Car- ried by the following vote: Yeas-Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Takas. Nays-None. April 19, 1963 To the Honorable Mayor and City Council Gentlemen: Herewith submitted for your consideration is subdivision plat of Blocks 16 and 17 in Steger Heights. This subdivision is located west of Devon Drive and includes a new street called Croydon Crest. This plant has been approved by the Planning & Zoning Commission. Respectfully suhmitted, Dubuque Planning & Zoning Commission By OWEN RILEY, Sec'y. Mayor Kean moved that the com- munication be received and filed. Seconded by Councilman Schaller. Carried by the following vote: Yeas-Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Takos. Nays-None. RESOLUTION NO. 78-63 RESOLUTION APPROVING THE PLAT OF BLOCKS 16 AND 17 IN STEGER HEIGHTS IN THE CITY OF DUBUQUE, IOWA. WHEREAS, there has been filed with the City Clerk a plat of the subdivision of Blocks 16 and 17 in Steger Heights in the City of Du- buque, Iowa, by Fay Thomas Steger and Calista Ann Steger, husband and wife; and WHEREAS, upon said plat ap- pear streets and easements which the owners by said plat have dedi- cated to the public forever; and WHEREAS, said plat has reo ceived final approval by the City of Dubuque Planning and Zoning Commission; and - ''<'i''''''.''''. Special 120 I 123 tains a total of 231 parking spaces, 99 are privately owned and 132 are municipal and metered. As- suming a ramp is built with 450 spaces, the net gain of new spaces would be 263. Using the most conservative figures of building and site acquisition, these new spaces would cost $3800.00 each. Merely to change location of 72 of these spaces would cost $215,000. The cost of these present spaces when they were developed was approximate- ly $850 each. To relocate them to be more desirable would cost $3800. each, or four times the cost of the present spaces. EX. AMPLE. If you take this figure $3800. per spaCe and using 4", % for twenty years, it would take 100% occupancy eight hours a day for 300 days to just about break even at 15c per hOUf. When you add the administrative and maintenance costs, depreciation and an approximate ten thousand dollar loss caused by the cancel- lation and transplant of the 132 present meters, another five cents an hour can be added to the fif. teen cents. I have used one meter space to simplify the figuring You get the same answer if you use whole figures and then di- vide the spaces into the total fig- ure. Allowing, which I did, for the most favorable conditions, it ap. pears to me that we cannot justi- fiably and economically put a parking structure on site "B". To proceed on this site could well imperil the total parking system and its needs. In the Gruen traf. fie report, Harold Marks says ex- actly this same thing in another way. "Quote" In the development of the parking program it must be recognized that parking re- quirements are fluid. With the downtown parking program now underway many new developments may be anticipated and it is es- sential that flexibility be main. tained. At this stage, it might be undesirable to commit future revenues to a rigid program but it may be feasible to utilize avail- able funds for parking improve- ments and additions. "Unquote." Let me read a part of the Pre- liminary Downtown Parking reo to -^ ^ you of the nan whom we .. ~appris~ the 1963 May 6, port thoughts Regular Session, NCIL Gilbert Mayor Kean 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 be. fore the meeting. Whether I vote for a parking structure at the proposed location or at another location will be principally deeided by these fac- tors: 1) The final negotiations for land needed and 2) the economics of the structure relative to the parking system. I believe you will agree that my thinking on these points has been consistent from the beginning. Last Monday, we were given information which eD- abled us to better evaluate the situation. I have analyzed this da- ta with previous information in order to make some estimations. Unless there are factors which I have not included, it is more than doubtful that I could vote for a parking ramp at site "B". First, we must consider the fact that the ramp, since it is to be financed by the entire parking system, must be regarded as a part of that system. Therefore, we cannot discount the total system in our deliberations. In other words, I am simply stating that it would be improvident to build a ramp regardless of cost, treating it as a separate entity. Secondly an objective approach in building any ramp on any site should include both the net space gain as well as space desirability. There is no doubt in my mind as to the space desirability of site "B" but I find it hard to recon- cile the per space cost in regard to the total parking system. I am not referring to a building cost but rather a cost per space rela- tive to the total spaces of tbe system. EXAMPLE. The area which is under consideration con- COU OFFICIAL Regular Session, May 6, 1963. Council met at 7:30 P. M. C. S. T. Present-Mayor Kean, Council. men Horgan, Schaller, Schreiber. Takos. - Absent-City Chavenelle. Manager CITY 122 Speeial Session, April 19,1963 - There being no further business Mayor Kean moved that the meet- ing adjourn. Seconded by Council. man Schreiber. Carried by the fol. lowing vote: Yeas-Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Takas. Nays-None. LEO F. FROMMELT, City Clerk Approved ....................... .......1963 Adopted ........................... ..1963 ............... ........ ............... ........ Councilmen ............... ........ ............... ........ .............., "......, Attest: .................... ........ City Clerk ...... - -- """""~. '#"'.'5" -'.J5;;lf~