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1965 March Council Proceedings 49 You will note that your Commis- sion held a total of twenty-two (22) meetings during 1964 and acted upon or COllSidered over fifty dif- ferentitems of business. Consider- able time was spent in viewing areas proposed for rezoning, sub- dviding or annexation in order to be completely familiar with the areas and !be problems involved. Your Commission is happy and pleased with the opportunity of serving the City Council and we trust that we have helped, in some small way, to make this a bettcr community in which to live. The Commission is gratified with the cooperation of the Council in concurring with our many recom- mcndations regarding the future planning and development of Du- buque. Respectfully submitted, DUBUQUE CITY PLAN- NING AND ZONING COMMISSION Frank J. Glab, Secretary Councilman Pfohl moved that the reports be reccived and filed. Sec- ondcd by Councilman Ludwig. Car- ried by the following vote: Yeas - Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takas. Nays-None. February 23, 1965 To the Honorable Mayor and City Council Gentlemen: I herewith submit reports of the City Auditor, City Treasurer, City Health Departmcnt and City Watcr Works for thc month of January, as well as a list of claims and pay- rolls for which warrants were is- sued for the month of January, 1965. Also, I submit the annual reports of the City Auditor and City Treas- urer for the fiscal year beginning January I, 1964 and ending Decem- ber 31, 1964. Respectfully submitted, Gilbert D. Chavenelle, City Manager Councilman LUdwig moved that the report be received and filed. Seconded by Councilman Pfohl. Carried by the following vote: Yeas - Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays-None. I, 1965 Session, March Mayor IIDrgan read the call and stated that service thereof had been duly made and this is the Regular monthly mecting called for the purpose of acting upon such business as may properly come be- fore the meeting. Mayor Horgan presented the Nathan Hale award to boy scouts Wesley Eller and Jerry Hutchin. son. Communication of Mrs. Robert Jones of 861 Alpine St. thanking the Council for their services to the community and commending them also on the action taken relative to the lengthening of parking meter time and the construction of the parking ramp, presented and r~ad. Councilman Takos moved that. the communication be received and filed. Seconded by Council- man Kean. Carried by the follow. iQg votc: Yeas - Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays-None. CITY COUNCIL Communication of Mr. and Mrs. Willard Farr of 1800 Lombard St. objecting to the new extended parking meter time arrangement in the downtown area, presented and read. Councilman Pfohl moved that the communication be received and filed. Seconded by Councilman Takas. Carried by the following vote: Yeas - Mayor IIDrgan, Council- men Kean, iAIdwig, Pfohl, Takas. Nays-None. February 25, 1965 To the IIDnorable Mayor and City Council Gentlemen: In compliance with Ordinance No. 26-29 the Planning and Zoning Commission herewith submits its annual.report for your information and consideration. I, p.m. Present-M.yor Horpn, - COUftoo cUmen K.an, Ludwio, PfDhl, Ta- ..... City Manager Gilbert D. Chay_lIe. March 7:30 Regular OFFICIAL Session, at met Rotular 1965. Council {C.S.T.l 48 Special Session, February 5, 1965 - There being no further business Mayor Horgan moved to adjourn. Seconded by Councilman Takas. Carried by the following vote: Yeas - Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takas. Nays - None. Leo F. Frommelt, City Clerk Approved . ...........................1965 Adopted ..... ................1965 .................... .................... Councilmen .................... ...................' ................... Attcst: ................... City Clerk 51 port. Seconded by Councilman Ta- kas. Carried by the following vote: Yeas - Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takas. Nays-None. Notice of claim of Carl E. Heim, in the amount of $55.88, for car damage as the result of being struck by a fire engine at Central and Kaufmann on February 11, 1965, presented and read. Council- man Kean moved that the notice of claim be referred to the City Solicitor for investigation and re- port. Seconded by Councilman Ta- kas. Carried by the following vote Yeas - Mayor Horgan, Council. men Kean, Ludwig, Pfohl. Takas. Nays-None. Notice of claim of Francis T. Kohl, in an unspecified amount, for persona] injuries received in a fall on an icy walk and curb at 11th & Jackson Street on January 23, 1965, prcsented and read. Councilman Kean moved that the notice of claim be referred to the City Solicitor for investigation and report. Seconded by Councilman Takas. Carried by the following vote: Yeas - Mayor Horgan, Council- men Kean, Ludwig, Pfohl. Takas. Nays-None. Notice of claim of Leo A. Stef- fen, in the amount of $33.77, for expense incurred as the result of a backed-up sewer at 2541 Central Avenue, presented and read. Coun- cilman Kean moved that the no- tice of claim be referred to the City Solicitor for investigation and report. Seconded by Council- man Takas. Carried by the fol. lowing vote: Yeas - Mayor Horgan, Council men Kean, Ludwig, pfohl, Takas Nays-None. Councilman Kean moved that the recommendation of the City Manager be approved. Seconded by Mayor Horgan. Carricd by the following vote: Yeas - Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takas. Nays-None. N oUce of claim of Mrs. Irene R. Fransen, in an unspecified amount, for personal injuries received in a fall at the southeast corner of 12th and Ccntral on February 9, 1956, presented and read. Council- man Kean moved that the notice of claim be referred to the City Solicitor for investigation and re- port. Seconded by Councilman Ta- kas. Carricd by the following vote: Yeas - Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays-None. Notice of claim of Orville F. Potter, in the amount of $50.00, in behalf of Karen Potter, a minor, for injuries received by said mi- nor in a fall in thc C.G.W.R.R. crosswalk at East 14th Street on February 2, 1965, presented and read. Councilman Kean moved that the notice of claim be referred to the City Solicitor for investigation and report. Seconded by Council- man Takas. Carried by the follow- ing vote: Yeas - Mayor Horgan, Council- men Kean, Ludwig, Pfohl. Takos. Nays-None. March 1, 1965 John Luber, United States and Guaranty Company Thos. Flynn .Coal Company, land Casualty Company Conlon Construction Co., Maryland Casualty Company Respectfully, Gilbert D. Chavenelle, City Managcr Councilman Takas moved that the bonds and policies be filed sub- ject to the approval of the City Solicitor. Seconded by Councilman Kean. Carried by thc following vote: Yeas - Mayor Horgan, men. Kean, Ludwig, Pfohl, Nays-None. Regular Session, March 1, 1965 Notice of claim of Katharine. A. Mayr, in an unspecified amount, for personal injuries received in a fall in the crosswalk at 15th and Iowa street, due to the accumula- tion of ice and snow, on January 27, 1965, prescnted and read. Coun- cilman ,Ke;m moved that _ the no- tice of claim be referred to the City Solicitor for investigation and report. Seconded by Councilman Takas. Carried by the following vote: Notice of claim of Mrs. Bernice Armbruster, in an unspecified amount. for personal injuries re- ceived in a fall on a icy cross- walk. at the northeast corner of 14th and Washington Street on January 21, 1965, presented and read. Councilman Kean moved that the notice of claim be re- ferred to the City Solicitor for in- vestigation and report. Seconded by Councilman Takas. Carried by the following vote: Yeas - Mayor Horgan, Council- men Kean, Ludwig, pfohl. Takas. Nays-None. Notice of claim of Thomas P. Conley and famil) , in the amount of $200, for damage to car and personal injuries as the result of an icy street at Eagle and River- view streets on February 6, 1965, presented and read. Councilman Kean moved that the notice of claim be referred to the City So- licitor for investigation and re- - o9? .~ :lie t ~, , ' , , .' ~ Fidelity Mary- Council Takos. Session February 11, 1965 To the Honor;:lble Mayor and City Council Gentlemen: It is recommended that the re. quest of Wahlert High School for street lights on Chaney Road be- tween Kaufmann and Asbury be approved. Since the distance between As- bury Road and Kaufmann Avenue is about 2340 feet, it is recommend- ed that nine 4000 lumen incande- scent lights be installed on Chaney Road from Kaufmann Avenue to Asbury Road. (as per attached plat). Proof of Publication, certified to by the Publishcr, of Statement of Receipts and a list of claims for which warrants were issued during the month of January 1965, pre. sented and read. Councilman Kean moved that the proof of publication be received and filed. Seconded by Councilman Takas. Carried by the following vote: Yeas-Mayor Horgan, Council- men Kean, Ludwig, pfohl, Takas, Nays-None. February 25, 1965 To the Honorable Mayor and City Council Gentlemen: I submit to you for your consid- eration the Audit of the City of Dubuque Water Department for the year ending December 31, 1964. The audit was conducted by O'Connor, Brooks, Ahrendt and Brooks, Certified Public Account- ants. Respectfully submitted, Gilbert D. Chavenclle, City Manager Councilman Ludwig moved that the report be received and filed. Seconded by Councilman Takos. Carried by the following vote: Yeas - Mayor Horgan, Council men Kean, Ludwig, Pfohl, Takas. Nays-None. Regular 50 Respcctfully submitted, Gilbert D. Chavenelle City Manager Councilman Ludwig moved that the recommendation of the City Manager be approved. Seconded by Councilman Pfohl. Carried by the following vote: Yeas - Mayor Horgan, Council mcn Kean, Ludwig, Pfohl. Takas Nays-None. February 26, To the Honorable Mayor and City Council Gentlemen: This is to advise that I have ap- proved the following bonds and desire to have your approval on same. 1965 PERSONAL Romola N. Russo, Western Surety Company February 11, 1965 To thc Honorablc Mayor and City Council Gentlemen: The petition of Mr. and Mrs. Merlin Mills and others requesting street lights in the 2700 block of North Grandview has been re- ferred to the Manager and Elec- trical Inspector for investigation. It is recommended that seven 4000 lumen incandescent lights be installed on North Grandview from Madcra Street north to 32nd Strcet. Plat attachcd. Rcspectfully submitted, Gilbert D. Chavenelle City Manager COMPREHENSIVE LIABILITY Curtis Straub Company, Policy No. CL 637-716 Amcrican States in- surance Co. Saffran Construction Co., Policy No. CL 878839, Bituminous Cas. ualty Corp. L. A. Light, Inc., Policy No. 0725 02- 031264 Employers Mutuals of Wausau Tri-State Paving Company, Policy No. CL 878862 Bituminous Cas- ualty Corporation SIDEWALK Gilbert Roling, Merchants Bonding Co. Mutual ~- 53 Councilman Kean moved that the reading just had be considered the first reading of the Ordinance. Seconded by Councilman Ludwig. Carried by the following vote: Yeas - Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takas. Nays-None. Councilman Kean moved that the rule requiring reading on three separate days be waived. Seconded by Councilman Ludwig. Carried by the following vote: Yeas - Mayor Horgan men Kean, Ludwig, pfohl Nays-None. Council- Takas. Councilman Kean moved that a public hearing be held on thc Or- dinance on April 5, 1965, at 7:30 o'clock P.M. in the Council Cham- ber at tbc City Hall and that the City Clerk be instructed to pub- lish notice of the hearing in the manner required by law. Seconded by Councilman Ludwig. Carried by the following vote: Yeas - Mayor Horgan, Council- men Kean, Ludwig, Plohl, Takos. Nays-None. Petition of Playground and Rec. reation Commission requesting permission to use the remaining unappropriated money from the Raffcrty Park property fund for the purchase of property for a sec. ond municipal golf course, pre- sented and read. Mayor Horgan moved that the petition be re. ferred to a meeting between the Recreation Commission and the City Council at a mutually agreed date. Seconded by Councilman Lud- wig. Carried by the following vote: Yeas - Mayor Horgan, Council- men Kean, LUdwig, Pfohl, Takos. Nays-None. ORDINANCE NO. 6-65 An Ordinance Amending the budget as approved by Resolu- tion No. 171-64 and Ordinance No. 1-65, Ordinance No. 3-65 and Ordinance No. 4-65, presented and read. Petition of American Legion Auxiliary requesting permission to sell poppies on May 28th and 29th. 1965, presented and read. Council- man Pfohl moved that the peti- tion be referred to the Mayor and City Manager. Seconded by Coun. cilman Ludwig. Carried by the fol~ lowing vote: March 1, 1965 Regular Session, WHEREAS, it is desired to transfer $12,000.00 from the Gen- eral Fund to the Debt Service Fund, for the following reasons: To increase the unappropriated cash balance in the Debt Service Fund, and make possible the amcndment of the 1965 budget, and the payment of a $12,000.00 judgment not included in the orig- ioal 1965 budgct appropriations, and WHEREAS, said transfer is to be permanent in accordance with Section 24.22, Code of Iowa; and WHEREAS, there is sufficient money in the General fund to meet. all demands thereon, and WHEREAS, all laws relating to municipalities have been complied with, NOW THEREFORE, be it re- solved by the City Council of Du- buque of Dubuque County. Iowa, SUbject to the approval of thc State Comptroller. that said sum of $12,000.00 be, and the same is hereby tranferrcd from thc Gen- cral fund to the Debt Servicc fund, and the City Auditor (Secretarial officer) is directed to correct his books accordingly and to notify the treasurer of this transfer, ac- companying the notification with a copy of this resolution and the record of its adoption. The vote thereon was as follows: Yeas - Mayor Horgan, Council. men Kean, Ludwig, pfohl, Takos. Nays-None. Robcrt J. Horgan (presiding officcr> Leo F. Frommelt (Secretarial officcr> I hercby certify the abovc to be a true and correct cpoy of resolu- tion passed by the City Council on the 1st day of March, A.D. 1965. Leo F. Frommelt (Secretarial officer) Councilman Pfohl moved the adoption of the resolution. Second- ed by Councilman Ludwig. Carried by the following votc: Yeas - Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays-None. The above application and reso- lution having been filed with the State Comptroller, the transfer reo quest"d is disapproved this 3rd day of March, 1965. Marvin R. Selden Jr. State Comptroller Session, March 1, 1965 tile first reading of the Ordi. nance. Seconded by Councilman pfohl. Carricd by the foli'ctwiag vote: Yeas - Mayor Horgan, Council. men Kean, Lmfwig-, pfoh-l, Talros. NayS-NOne. Councilman Kean moved that the rule be waived requiring the reading of an Ordinance on three separate days. Seconded, by Coun. oilman pfohl. Carried by the fol- lowing vote: Yeas - Mayor Horgan, Council- mea Kean, Ludwig, Pfohl, Takas. Nays-None. Councilman Ken m<>ved that "' public hearing he held on the Or- dinance on April 5, 1965, at 7:30 oIclock P.M. in the Conneil ChlUll- her at the City H"ll and that tile Cerk be instructed to publish no. tiee of !be hearing in the manner required by law. Seconded by Councilman Pfohl. Carried by tbe following vote: Yeas- - Mayor Horgan, Council~ men Kean, Ludwig, Pfohl, Takas. Nays-None. R...,/uU"n anel ApplioatiOft for Approval of the h....lancmt Transfer of Funds. RESOLUTION NO. 4a'6S WHEREAS, there: i& now in the hands of the treasurer the __ of $119,326.00, credited to the Gen- eral fund, and WHEREAS, there is now in the hands of the treasurer tbt!" sum of $708.06, credited to the Debt Ser- vice fund, and March 1, 1965 To the Ikmorable Mayor and City Council Gentlemen: Thc City Solieitor in a letter has indicated that tlicre is a judgment of $12,000 outstandine against thc city; cOBsequently,. I recommend that the amount be transferred from unappropriated funds of the GenCTllI Fund (0 tile' Dt!llt service Fund and the aPi'ropriation he made f... the payment of the bin. Respectfully submitted, Gilhert D. ChaveneRe City Manager Councilman pfohl nIOved that the recommendation of tile City Manager be approved. seconded by the followi'Dg vote: Yeas - Mayor Horgan, Council" men Kean, Ludwig, Pfohl, Takas. Nays-None. Yeas. - Mayor Horgan, Council-- men Kean, LUdwig, pfohl, Takas. Nays--None. Notice of claim of Glen Simp- son, in the amount of $403.00, for damage and expense incurred as the result of a backed-up sewer at 1700 Glen Oak street on February 8, 1965, presented and read. Coun- cilman Kean moved that the no- tice of claim be refcrred to the City Solicitor for investigation and report. Seconded by Councilm,", Takas. Carried by the followinlf vote: Yeas - Mayor Horgan, Council- men Ifean, Ludwig, pfohl, Takas. Nays--None. Notie. of claim of Arnold J. Jae- ger, in the amount of $187.07, for personal injUries received and al- so; ear. damage as the result of striking an unlit barricade at 25th &: Central Avenue on January 2, 1965, presented and read. Coun- cilman Kean moved. that the no- tice of claim be referred to the City Solicitor for investigation and report. Seconded by Council. man Takas. Carried by thc follow- ing vote: Yeas - Mayor Horgan, Council- men Kean, Ludwig, pfohl, Takmr. Nays-None. Notice of suit of frma Phillips, in the amount of $15,000, for per. sonal injuries received as the reo suit of a fall on an icy crosswalk in the alley adjacent to 1064 Uni. versitY Ave., on March 2, 1963, presented and read. Councilman Kean moved that thc notice of suit be referred to the City Solicitor for investigation and report. Sel:" onded by Councilman Takos. Car. ried by the following vote, Yeas - Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takas. Nays-None. ORDINANCE NO. 5-65 Am.ndlng end Changfng Ordi- nance No. 3-34, known as the Zoning Map and Zoning Ordi. nanc. of the City of Dubuque, so as to change certain property hereinafter described from uSin.. g1. Family R..ld..... District" c'.oifie.tion to "local Business District 'A' c'lSsificationN (5.E. corn.r of intersection of Asbury & John F. K.nntidy Roedl, presented and read. Councilman Kean moved that the reading just had be considered Regular 52 -.......-.- 55 Regular Session, March 1, 1965 cil requesting that a certain alley and an unnamed street which have heretofore been vacated with re- strictions and which are marked in green on the attached Plat and petitioning for the vacation of two alleys, marked in yellow on the attached Plat, all of which lie be- tween Grace Street and Univer. sHy from AIgona Street to McCor- mick Street in thc City of Du- buque, Iowa; and WHEREAS, University of Du- buque intends to expand its pres. ent library facilities to occupy the alIeys marked in yellow on the attached Plat; and WHEREAS, the Planning & Zon- ing Commission of the City of Du- buque, Iowa has approved said pe- tition of the University of Du- buque. NOW THEREFORE Be It solved by the City Council of City of Dubuque, Iowa: Re- the Section 1. That the petition of University of DUbuque filed De- cember 3, 1964 be and the same is hereby approved. Seconded by Councilman Carried by the following filed. Takos. vote: Yeas - Mayor Horgan, Council men Kean, Ludwig, Pfohl, Takos, Nays-None. Mayor Horgan moved that the rules be suspended in order to let anyone present address the Council if they so desire. Second- ed by Councilman Takas. Carried by the following vote: Yeas - Mayor Horgan, Council men Kean, Ludwig, Pfohl, Takas, Nays-None. Mrs. Otto Donath spoke in be- half of her petition relative to the extension of the Marmora street sewer to the rear of their property. Councilman Ludwig moved that a meeting be held with the City Solicitor, City Coun- cil, City Manager in executive session and also view the grounds. Seconded by Councilman Takas. Carried by the following vote: Yeas - Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takas. Nays-None. Petition of Peoples Natural Gas requesting permission to excavate between Jones and First and Bluff and Locust Street to cut off ser- vice of the old Artistic Cleaner building, presented and read. Coun- cilman Ludwig moved that the pe- tition bc granted. Seconded by Councilman Kean. Carried by the following vote: Yeas - Mayor Horgan, Council- men Kean, Ludwig, pfohl. Takos. Nays-None. March 1, 1965 Regular Session, Yeas - Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays-None. 54 Petition of Robert Daykin re- questing vacation and possible sale of a portion of an alley be~ tween 810 and 818 S. Grandview Ave., presented anI read. Council- man Kean moved that the petition be referred to the Planning & Zon- ing Commission. Seconded by Councilman Takos. Carried by the following vote: Section 2. That the University of Dubuque is herewith ordered to prepare the appropriate and necessary Plats of the alleys and unnamed street deseribed in this petition and upon filing of same with the City Clerk and approval by the City Engineer, that the City Attorney be ordered to prepare necessary ordinance for the vaca- tion of said unnamed street and alleys to the end that the existing alleys marked in yellow be vacated and that the restrictions applicable to the unnamed street and alley marked in green created by Ordi- nance No. 42-1912 be removed and that thereafter thc City Clerk pub- lish notice of intent to dispose of interest in real estate as is by law required. Passed, adopted and approved this 1st day of March, 1965. Robert J. Horgan Mayor Richard Ludwig Peter J. Takas Eldon A. Pfohl James J. Kean Councilmen Attest: Leo F. Frommelt City Clerk February 12, 1965 To the Honorable Mayor and City Council Gentlemen: At a regular meeting of the Du- buque City Planning and Zoning Commission held on February 11, 1965 the following action was ta- ken: The Commission recommends that the alley running off of Grace Street between Algona and Mc- Cormick Streets be vacated to al- low the University of Dubuque to expand their library facilities. -The alley in question is shown on the attached map colored in yellow. Respectfully submitted, Dubuque City Planning and Zoning Commission Frank J. Glab, Secretary Councilman Kean moved that the recommendation be received and filed. Seconded by Council- man Pfohl. Carricd by the follow- ing vote: Yeas - Mayor Horgan, Council- men Kean, Ludwig, Pfohl. Takos. Nays-None. RESOLUTION NO. 41-65 WHEREAS, on December 3, 1964, the University of Dubuque filed petition with the City Coun- ,. .~- I J I l ,I t ,~: Yeas - Mayor Horgan, Council men Kean, LUdwig, Pfohl. Takos Nays-None. Petition of Don Allendorf, di- rector of Civil Defense of Jo Da- viess County, requesting an amend- ment to the ambulance contract between the City of Dubuque and East Dubuque to include the Ap- ple River Chemical Co. area, pre- sented and read. Mayor Horgan moved that the petition be re- ferred to the City Manager. Sec- onded by Councilman Takos. Car- ried by the following vote: Yeas - Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Petition of Mr. & Mrs. Otto Do. nath requesting some considera- tion relative to the extension of drainage behind their property on Marmora Street and putting the City on notice that they intend to fill in their property, presented and read. Mayor Horgan moved that the petition be rcceived and Petition of Klauer Manufactur- ing Co. requesting vacation of Elm Street from the north property line of 27th street to the south property line of 28th street and conveyed to them, presented and read. Councilman Pfohl moved that the petition be referred to the Planning & Zoning Commis- sion and the City Solicitor. Sec- onded by Mayor Horgan. Carried by the following vote: Yeas - Mayor Horgan, Council men. Kean, Ludwig, Pfohl, Takos Nays-None. Petition of George H. Brandt for suspension of taxes for the year 1964 due to old age and infirmity on thc S'h of Lot 162 East Du- buque Addn. presented and read. Couneilman Takos moved that the petition be granted and forwarded to thc County Auditor and that thc Clerk be given authority to sign the approval. Seconded by Mayor Horgan. Carried by the following vote: Nays-None. Petition of Schlitzer Construc- tion Co. requesting permission to excavate in Clarke Drive for sew- er and water connections, present- ed and read. Councilman Takas moved that the request be grant- ed. Seeonded by Councilman Kean. Carried by the following vote: Yeas - Mayor Horgan, Council- men Kean, Ludwig, Pfohl. Takos. Nays-None. Yeas - Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takas. Nays-None. Petition of Hartford Accident & Indemnity Co. requesting release of H & B Communications Corpo- ration Indemnity bond as same is being renewed by another surety, presented and read. Councilman Kean moved approval of release and authorized the Clerk to sign the release. Seconded by Mayor Horgan. Carried by the following vote: Yeas - Mayor Horgan, Council men Kean, Ludwig, Pfohl. Takos Nays-None. Petition of Firemans Fund American Insurance Companies requesting confirmation of termi- nation of their blasting bond with Virginia Carolina Chemical, as surety is being provided by an- other company, presented and read. Councilman Kean moved ap- proval of release and authorized the Clerk to sign the release. Sec- onded by Mayor Horgan. Carried by the following vote: Yeas - Mayor Horgan, Council. men Kean, Ludwig, Pfobl, Ta~os Nays-None. SA, ,~. 57 Re- City Section 1. That the east-west easements dedicated to the City of Dubuque, Iowa in previous plats located in Lot 2 of Lot 3, Block 7, Indian Hills, should be disposed of by tbc City of Du- buque for and in consideration of the granting of a new and COf- rect easement to conform to the actual existence of sewer and wa- ter facilities presently installed. Section 2. City of Dubuque should dispose of its interest in that portion of the real estate therefor described in plat dated November 30, 1964, prepared by Bartels, McMahan & LeMay Engi- neering Co., which real estate shall hereafter be described and known as Lot 2 of the Subdivision of Lot 2 of Lot 3, Block 7, Indian Hills in the City of Dubuque, Iowa. It of March 1, 1965 NOW THEREFORE Be solved by the City Council of Dubuque, Iowa: Section 3. That the City Clerk be and he is hereby authorized and directed to publish notice of intent to dispose of interest in real estate as is by law provided, Passed, adopted and approved this 1st day of March, 1965. Robert J. Horgan Mayor Richard LUdwig Peter J. Takos Eldon A. Pfohl James J. Kean Councilmen Acceptance of Resolution No. 42-65 Joseph M. Marshall and Helen M. Marshall, husband and wife; and Theodore G. Hingtgen and Mary Hingtgen, husband and wife; being familiar with the terms and conditions of the foregoing Reso- lution No. 42.65 hereby accept the same and agree to perform the conditions required of them there- in. Dated ths 5th day of March, 1965. A.D. Session by unanimous recorded roll call tbis 1st day of March, A.D. 1965. Robert J. Horgan Mayor Richard Ludwig Peter J. Takos Eldon A. Pfohl James J. Kean Councilmen CERTIFICATION This is to certify that the se- curity provided by the foregoing Resolution No. 42-65 has been pro- vided by the owners. Dated at Dubuque, Iowa, this 12tb day of April, 1965. Gilbert D. Chavcnclle City Manager Attest: Leo F. Frommelt City Clerk Mayor Horgan moved adoption of the resoluton. Seconded by Councilman Kean. Carried by the following vote: Yeas - Mayor men Kean, Ludw Nays-None. Joseph M. Marshall Helen M. Marshall Theodore G. Hingtgen Mary Hingtgen Councilman Ludwig m 0 v e d adoption of the resolution. Second- ed by Mayor Horgan. Carried by the following vote: Yeas - Mayor Horgan, Council. men Kean, Ludwig, Pfohl, Takos Nays-None. Horgan, Council- ig, Pfohl. Takas. February To the Honorable Mayor and City Council Gentlemen: At a regular meeting of the Du- buque City Planning and Zoning Commission held on February 11, 1965 the following action was ta- ken: That the Final Plat of Block I, Block 2 and Block 3 of "Knob Hill" be approved by the Planning and Zoning Commission and that ap- 1965 12, RESOLUTION NO. 43-65 WHEREAS, J. Allcn Wallis, Jr. and Marijane S. Wallis have here- tofore petitioned the Council to execute deed of vacation for the subdivision of Lot 2 of Lot 3 of Block 7, Indian Hills, in tbe City of Dubuque, Iowa; and WHEREAS, by virtuc of thc re- ,pective plats heretofore filed and vacated, there is presently an am- biguity concerning the status of City's interest therein by reason of easements dedicated; and WHEREAS, it appears tbat such ambiguity should be cleared and the petitioners are desirous there- of. r I I " 1 . , a I r \ Regular Attest: Leo F. Frommelt City Clerk , I \ March 1, 1965 nances relating thereto, and that the construction of sidewalks on the Northerly, Southerly and East- erly sides of said subdivision is required; Re- the Section 1. That the plat of "Van Anna Place" in the City of Du- buque, Iowa, be and the same is hereby approved and the Mayor and City Council are hereby au- thorized and directed to endorse the approval of the City of Du. buque, Iowa, upon said plat, pro- vided the owners of said property hereinafter named, execute their written acceptance hereto at- tached, agreeing: It of NOW, THEREFORE, Be solved by the City Council City of Dubuque, Iowa: Regular Session, To provide the foregoing construction and mainte- nance at the sole expense of the subdividcrs, Joseph M. Marshall and Helen M. Marshall, husband and wife; and Thcodore G. Hingtgen and Mary Hingtgen, hus- band and wife, as owners; sidewalks as City Ordi. To construct rcquired by nances; (a) 56 Councilman Pfohl moved adop- tion of the resolution. Seconded by Councilman Kean. Carried by the following vote: Yeas - Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays-None. February To the Honorable Mayor and City Council Gentlemen: At a regular meeting of the Du- buque City Planning and Zoning Commission held on January 28, 1965 the following action was ta- ken: That the Final Plat of "VAN ANNA PLACE" in thc City of Dubuque be approved and that ap- proval of the City Council is rec- ommended. Respectfully submittcd, Dubuque City Planning and Zoning Commission Frank J. Glab, Secretary 1965 1, (b) Mayor Horgan moved that the communication be received and filed. Seconded by Councilman Takas. Carried by the following vote: Yeas - Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays-None. To construct said improve- ments, prior to December 1, 1967; and furthcr provided that said Joseph M. Marshall and Helen M. Marshall, husband and wife; and Theodore G. Hingtgen and Mary Hingtgen, husband and wife,as owners of said subdivision, secure the performance of the foregoing conditions by providing security in such form and with such sure- ties as may be acceptable to the City Manager. (c) RESOLUTION NO. 42-65 Resolution Approving the Plat of ''Van Anna Place," in the City of Dubuque, Iowa. WHEREAS, there has becn filed with the City Clerk a plat of the Subdivision known as "Van Anna Place" in the City of Dubuque, Iowa, by Joseph M. Marshall and Helen M. Marshall, husband and wife; and Theodore G. Hingtgen and Mary Hingtgen, husband and wife; and Section 2. That in the event Jo- sepb M. Marshan and Helen M. Marshall, husband and wife; and Theodore G. Hingtgen and Mary Hingtgen, husband and wife, shan fail to execute the acceptance and provide the security provided for in Section 1 hereof within 45 days after date of this resolution, the provisions hereof shall be null and void and the acceptance of the dedication and approval of the plat shan not be effective. Passed, adopted and approved WHEREAS, upon such plat ap. pears certain pUblic utility ease- ments which Owners by said plat have dedicated to the public for- ever; and WHEREAS, said plat has bcen examined by the City of Dubuque Planning and Zoning Commission and had its approval thereon; and WHEREAS, said plat has been examined by the City Council and said Council finds that the same conforms to the statutes and ordi- .w~""" BUQUE has bcen selected and as- signed to this new ship in accord- ance with the policy of the Navy to assign this type of ship the names of cities named for explor- ers and developers of America; NOW, THEREFORE, Be It Re- solved by thc City Council of the City of Dubuque, Iowa: That the honor, strength and traditions of this good city be sped upon the USS DUBUQUE, and thc officers and men who will man her; and that in naming the USS DUBUQUE, the pleasurc and ap- preciation of all the citizens of this community be so expressed; and that a copy of this Resolution be sent to the Sccretary of the Navy and the Governor of the State of Iowa. Passed, adopted and approved this 1st day of March, 1965. Robert J. Horgan Mayor Richard LUdwig Peter J. Takas Eldon A. pfohl James J. Kean Councilmen 59 1, 1965 March Session, such form and with such sureties as may be acceptable to the City Manager. Section 3. That in the event John Duggan, etc., shall fail to execute the acceptance and fur- nish the security provided for in Section 2 hereof within 45 days after the date of this Resolution, the prOVisions hereof shall be null and void and the acceptance of the dedication and approval of the plat shall not be cffectivc. Passed, adopted and approved by unanimous recorded roll call this 1st day of March, A.D., 1965. Rohert J. Horgan Mayor Richard Ludwig Peter J. Takos Eldon A. Pfohl James J. Kean Councilmen Attest: Leo F. Frommelt City Clerk Councilman Kean moved adop- tion of the resolution. Seconded by Councilman Ludwig. Carried by the following vote: Yeas - Mayor Horgan, Council- men Kean, LUdwig, Pfohl, Takas. Nays-None. RESOLUTION NO. 46-65 Preliminary Estimate and pro- posed plans, specifications, form of contract, plat and all other doc- uments for signalizing and con- structing a turn-off lane at the Highway 20 and Devon Drive in- tersection at an estimated cost of $22,645.00, presented and read. Mayor Horgan moved adoption of the resolution. Seconded by Councilman Ludwig. Carried by the following vote: Yeas - Mayor Horgan, Council men Kean, Ludwig, Pfohl, Takas Nays-None. Acceptance of Resolution No. 44-65 John Duggan, Trustee under the "Regina Duggan Trust" being fa- miliar with the terms and condi- tions of the foregoing Resolution No. 44-65 hereby accepts the same and agrees to perform the condi- tions required of it therein. Dated this 2nd day of March, 1965. John Duggan, Trustee under the "Regina Duggan Trust" John Duggan To Leo F. Frommelt, City Clerk: This is to certify that the secur- ity rcquired by the foregoing Res- olution No. 44-65 has been pro- vided by the owner. Dated at 10th day of this Councilman Kean moved adop- tion of the resolution. Seconded by Councilman pfohl. Carried by the following votc: Yeas - Mayor Horgan, Council- men Kean, Ludwig, Pfohl. Takos. Nays-None. Regular Attest: Leo F. Frommelt City Clerk Dubuque, Iowa, April, 1965. Gilbcrt D. Chavenellc City Managcr March 1, 1965 To reduce all streets to grade and to construct con. crete curb and gutter and to hard surface Knob Hill Drive and Oakridge Drive with bituminous concrete, or with 6% n concrete paving with integral curb, all in ac. cordance with City of Du- buque standard specifica- tions; To install sanitary sewer mains and sewer service lat- erals in accordance with plans submitted with the plat; To install water mains and water service laterals in ac- cordance with plans submit- tcd with the plat; To install catch basins with plans the plat; To install concrete side- walks as required by City Ordinances, and where di- rected by the City Engineer and the City Manager; To construct the foregoing improvements in accordance with plans and specifications approved by the City Manag- er, under the inspection of the City Engineer, and in a manner approved by the City Manager; To maintain the street im- provements for a period of four (4) years from the date of their acceptance by the City of Dubuquc, Iowa; To construct said improve- ments, except sidewalks, pri- or to February 22, 1966, and to construct the sidewalks prior to February 22, 1969; storm sewers and in accordance submittcd with erty herein named, execute their written acceptance hereto attached agreeing: a. c. d. b. Session e. g. h. To provide the foregoing construction and mainte- nance at the sole expense of the Subdivider, John Duggan, Trustee under the "Regina Duggan Trust," as owner; f. proval by the City Council is here- by recommended. Rcspectfully submitted, Dubuque City Planning and Zoning Commission By Frank J. Glab, Secretary Councilman Kean moved that the recommendation of the Com- mission be received and filed. Sec- onded by Councilman Ludwig. Car- ried by the following vote: Yeas - Mayor Horgan, Counci men Kean, Ludwig, Pfohl, Takos. Nays-None. RESOLUTION NO. 44-65 ReS9lution Approving the Plat of "Knob HilllI in the City of Dubuque, Iowa. WHEREAS, therc has been filed with thc City Clerk a plat of the Subdivision to be known as "Knob Hill" in the City of Dubuque, Iowa, by John Duggan, Trustee un- der the "Regina Duggan Trust"; and; WHEREAS, upon said plat ap- pear streets to be known as Knob Hill Drive and Oakridge Drive, to- gether with certain public utility easements which the Owners by said plat have dedicated to the publiC forever; and; WHEREAS, said plat has been examined by the City Planning and Zoning Commission and had its approval endorsed thereon, and; WHEREAS, said plat has been examined by the City Council and they find that the same conforms to statutes and ordinances relat- ing thereto, except that street grades have not been established, the streets brought to grade, or paving, sewer or water installed; NOW THEREFORE, Be It Re. solved by thc City Council of the City of Dubuque, Iowa Section 1. That the dedications of Knob Hill Drive and Oakridge Drive, together with the easements for public utilities as the same ap- pear upon said plat, be and the same are hereby accepted; Regular 58 (Necessity for Improvement RESOLUTION NO. 47-65 WHEREAS, proposed plans, specifications, form of contract have been duly prepared and ap- proved by the City Council of the City of Dubuque and are now on file in the office of the City Clcrk RESOLUTION NO. 45-65 WHEREAS, the United States Navy has under construction a new Amphibious Transport Dock Ship in Pascagoula, MiSSissippi; and WHEREAS, thc name DU- , I I I and further provided that said John Duggan, Trustee under the "Regina Duggan Trust," as owner of said Subdivision, secure the performance of the foregoing con- ditions by providing security in Section 2. That the plat of "Knob Hill" in the City of Du- buque, Iowa, be and the same is hereby approved and the Mayor and City Council are hereby au- thorized and directed to endorse thc approval of the City of Du- buque, Iowa, upon said plat, pro- vided the owners of said prop- -....., the 60th General Assembly. I re- qUi':.:;t that the City Council will, by resolution, approve the report as its official 1964 Street Finan- cial Report. It will be noted that $1,572,104.00 \!,I(]S spent for the total year on maintenance and new construc- tion. The breakdown of such cost is as follows 61 1, 196.5 March S~~ssion, 1965 1, Tota. 302,197 888,318 17,226 33,949 219,406 nO,401 ~O 607 1,572,104 Attest: Leo F. Frommelt City Clerk Councilman Ludwig moved adop- tion of the resolution. Seconded by Mayor Horgan. Carried by the following vote: Yeas - Mayor Horgan, men Kean, LUdwig, Pfohl, Nays-None. RESOLUTION NO. 50-65 WHEREAS, applications for Beer Permits have been submitted to this Council for approval and the same have been examined: NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the following applica- tions be granted and licenses be issued upon the compliances with the terms of the ordinances of the City. CLASS "B" BEER PERMIT Gregor J. Vorwald, 103 East 22nd Street Kenneth J Strect Mathias A. Robert J. Horgan Mayor Richard Ludwig Peter J. Takos Eldon A. Pfohl James J. Kean Councilmen Counci Takos. March To the Honorable Mayor and City Council Gentlemen: I herewith submit the annual street financial report of actual ex- penditures in 1964 from all fund3 for street purposes, as required by Chapter 312, Road use Tax Fund, Code of Iowa, and as amended by H,,: Other Funds 73.935 128,766 1533 219,406 90,401 514.041 Street Special Fund AE's(SSment 121.661 38,940 17,226 23.066 060,622 360,622 20,607 221,500 Road Use Tax ....106.601 .359.990 9,350 475,941 RcspectfulIy submitted, Gilbert D. ChavenclIe City Manager Mayor Horgan moved that the report be received and filed. Sec- onded by Councilman Ludwig. Car- ried by the following vote: Yeas - Mayor Horgan, Council men Kean, Ludwig, Pfohl, Takos Nays-None. RESOLUTION NO. 49-65 A Resolution approving the City of Dubuque, Iowa 1964 Street Finance Report. WHEREAS, a distribution of ex- penditures and receipts of the City of Dubuque for Municipal Street and Parking for the fiscal year January 1, 1964 and ending December 31, 1964, has been dUly prepared in accordance with Chap- ter 312 and as amended by the 60th General Assembly of Iowa, and submitted to this Council for approval; and WHEREAS, this Council has cx- amined the distribution of expen- ditures and receipts of the City of Dubuque, Iowa for Municipal streets and Parking, wherein the receipts and expenditures for the fiscal year are shown. NOW THEREFORE Be It Re- solvcd by the City Council of the City of Dubuque, Iowa that distri- bution of expenditures and re- ceipts for municipal streets and parking as heretofore prepared, be and the same is hereby adopted and approved as the Street Fi- nance Report for 1964. Passed, adopted and approved this 1st day of March, 1965. Maintenance ... New Construction Administration .... Equipment ............ Bonds & In!. Paid Street Lighting .... Building Fund Garage Iowa Ave- Cen- University Centra 2222 'ji March 1, 1965 Councilman Ludwig. Carried by the following vote: Yeas - Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays-None. Regular Session, the improved. such improve- things other to be of 60 showing among following 1. 2. The street Thc plan ment. 802 132 8th nue Herbcrt E. Althaus, Avenue Raymond McLaughlin, tral Avenue Maryel M. Birkett Avenue 1575 Love, 1064 Schneller, 2rome , """,,: I %2 '~ I ! } . , (Fixing Date of Hearing) RESOLUTION NO. 48-65 WHEREAS, the City Council of the City of Dubuque, Iowa has by Resolution No. 46-65 given its preliminary approval on the pro- posed plans, specifications, and form of contract and placed same on file in the office of the City Clerk for public inspection, for the signalizing and constructing a tUrn-off lanc of the Highway 20 and Devon Drive Intersection. Passed, adopted and approved this 1st day of March, 1965. Robert J. Horgan Mayor Richard Ludwig Peter J. Takos Eldon A. Pfohl James J. Kean Councilmen An estimate of the cost of the proposed improvement. 3. BE IT THEREFORE RESOLVED that on the 5th day of April, 1965, a public hearing will be held at 7:30 P.M. in the council chamber of the City of Dubuque at which time the objectors for the pro- posed improvement may appear and make objection to the pro- posed plans and specification and proposed form of contract, to the cost of improvement and to the passage of the proposed resolution of Necessity and the City Clerk be and he is hereby directed to cause a notice of the time and place of such hearing to be pub- lished in some newspaper pub- lished in the City of Dubuque, which shall be not less than ten (10) days prior to the day fixcd for its consideration, and the City Clerk is further instructed to pub- lish notice to bidders for the re- ccipt of sealed bids up until 10:00 A.M. on the 5th day of April, 1965. For the signalizing and construc- ting a turn off lane of the high- way 20 and Devon Drive Intersec- tion. BE IT THEREFORE RESOLVED that the City Council on its own motion or upon petition of prop- erty owners, deems it advisable and necessary for the public wel- fare to make the herein mentioned improvement, and unless property owners at the time of the final consideration of this proposed res- olution have on file with the City Clerk objections to the amount of the cost of improvement they shall be deemed to have waived all ob- jections thereto. 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. That the cost and expense of making said improve- ment will be paid from the Street Road Use Tax Fund (Fund 135) and the Street and Traffic Light. ing Fund (Fund 138). The above resolution was in- troduced, approved and ordered placed on file with the City Clerk this 1st day of March, 1965. on file for J. Horgan Mayor Approved and placed final action. Robert Approved Attest: Leo F. Frommclt City Clerk Richard Ludwig Peter J. Eldon James Councilman Ludwig moved adop- tion of the resolution. Seconded by Councilman Kean. Carried by the following vote: Yeas - Mayor Horgan, Council men Kean, Ludwig, Pfohl, Takas Nays-None. J. Kean Councilmen Mayor Horgan moved approval of the resolution. Seconded by Attest: Leo F. Frommelt City Clerk .,""'. 6.3 Robert J. Horgan Mayor Richard Ludwig Peter J. Takas Eldon A. Pfohl James J. Kean Councilmen Mayor Horgan moved adoption of the resolution. Seconded by Councilman Takas. Carried by the following vote: Yeas - Mayor Horgan, Council men Kean, Ludwig, pfohl, Takas Nays-None. Comunication of Councilman El- don A. Pfohl quoting Section 368, A-22-1962 Codc of Iowa, Interest in Contracts, relative to members of the DUbuque Planning & Zon- ing Commission, presented and read. Mayor Horgan moved that the Council go into executive ses- sion. Seconded by Councilman Ludwig. Carried by the following vote: Yeas - Mayor Horgan, Council- men Keau, Ludwig, Pfohl, Takas. Nays-None. March 1, 1965 Attest: Leo F. Frommelt City Clerk RESOLUTION NO. 52-65 WHEREAS, applications for Liq- uor Permits have been submitted to this Council for approval and the same have been examined. NOW THEREFORE Be It Re- solved by thc City Council of the City of Dubuquc, Iowa, that thc following applications be granted and licenses issued upon the com. pliance with the terms of the IOWA UQUOR CONTROL ACT- CHAPTER 123-as amcnded by the 60th General Assembly, 1963. Session began at 9:00 P.M. and concluded at 10:20 P.M. Council- man Takos moved that the City Solicitor be instructed to ask for a ruling from the Attorney Gen. eral of the State of Iowa, through the County Attorney, on whether the members of the DUbuque Planning & Zoning Commission who have a contract or contracts, direct or indirect, with the City of DUbuque, have a conflict of interest under the Iowa Statute. Seconded by Councilman Ludwig. Carried by the following vote: Yeas - Mayor Horgan, Council. man Kean, Ludwig, Pfohl, Takos. Nays-None. CLASS "c" COMMERCIAL ESTABLISHMENT Joseph Pcter Helling, 1046 Ccntral Avenue Passed, adopted and approved this 1st day of March, 1965. Robert J. Horgan Mayor Richard Ludwig Petcr J. Takas Eldon A. Pfohl James J. Kean Councilmen Attest: Leo F. Frommelt City Clerk Mayor Horgan moved adoption of the resolution. Seconded by Councilman Ludwig. Carried by the following vote: Yeas - Mayor Horgan, Council. men Kean, Ludwig, Pfohl. Takas Nays-None. Councilman Takas moved the following amendment to the above motion: - That the Council al. though agreeing with the essence of the main motion would defer action until the legislative bodies enacted or saw fit not to enact the corrective legislation pertinent to the present conflict of interest statute concerning administrative officials, elected and appointive Boards and Commissions. Seconded RESOLUTION NO. 53-65 WHEREAS, applications for Liq. uor Permits were filed by the within named applicants and they have received the approval of this Council, and WHEREAS, thc premiscs to bc occupied by such applicants were inspected and found to comply with thc State Law and all City ordinances relevant thereto and they have filed proper bonds; NOW THEREFORE Be It Rc- solved by the City Council of Du- buque, Iowa, that the Manager be authorized to cause to be issued to the following named applicants a Liquor Permit. CLASS "c" COMMERCIAL ESTABLISHMENT Peter Helling, 1046 Central Joseph Avenue Passed, adopted and approved this 1st day of March, 1965. i' I .' ~ If' Regular Session March 1, 1965 CLASS "B" BEER PERMIT Gregor J. Vorwald, 103 East 22nd Street Kenneth Jerome Love, 802 Iowa Strect Mathias A. Schneller, 132 8th Ave- 1575 Central nue Herbert A. Althaus, Avenue Raymond McLaughlin, 2222 Ccntral Avenue Maryel M. ,Birkett, 1064 University Avenue Page Hotel, 75 East 4th Street Alma Henkel, 241 Main street Southern Loungc, Inc. d/b/a, Holi- day Inn Restaurant, 1111 Dodge Street Alice H. Erschen, 2620 University Avenue Florance T. Deutsch, 45 West 13th Street John F. Hall, 2616 Windsor Avenue Session, 62 Page Hotel, 75 East 4th Street Alma Henkel, 241 Main Street Southcrn Lounge Inc., d/b/a, Holi- day Inn Restaurant, 1111 Dodge Strect Alice H. Erschen, 2620 Avenue Florance T. Deutsch, 45 Street John F. Hall, University 13th West Regular Locust CLASS "B" BEER PERMIT PRIVATE CLUB 880 Bow ling Lanes, Fischer Strect Avenue CLASS "B" BEER PERMIT PRIVATE CLUB Bowling Lanes, 880 Locust 2616 Ct.ASS "c" BEER PERMIT Eagle Food Centers, Inc., Store No. 109, 200 South Locust Street Anthony L. Fecker, 2119 Rhom. berg Avenue Donald Schroeder, Avenue William J. White, Strcet Passed, adopted and approved this 1st day of March, 1965. Robert J. Horgan Mayor Richard Ludwig Peter J. Takos Eldon A. Pfohl James J. Kean Councilmen Central Asbury Windsor 2890 1993 Fischer Street CLASS "c" BEER PERMIT Eagle Food Centers, Inc., Store No. 109, 200 South Locust Street Anthony L. Fecker, 2119 Rhom- berg Avenue Donald SchI'oeder, Avenue William J. Strcct Central 2890 Attest: Leo F. Frommelt City Clerk Asbury BE IT FURTHER RESOLVED that thc bonds filed by such ap- plicants be and the same are here- by approved. Passed, adopted and approved this 1st day of March, 1965. 1993 White, Mayor Horgan moved adoption of the resolution. Seconded by Councilman Ludwig. Carried by the following vote: Yeas - Mayor Horgan, Council. men Kean, Ludwig, Pfohl. Takos. Nays-None. Robcrt J. Horgan Mayor Richard Ludwig Pcter J. Takas Eldon A. Pfohl James J. Kean Councilmen Mayor Horgan moved adoption of the resolution. Seconded by Councilman Ludwig. Carried by the following vote: Yeas - Mayor Horgan, Council men Kcan, Ludwig, Pfohl. Takas Nays-None. Attcst: Leo F. Frommelt City Clerk 51-65 WHEREAS, applications for Beer Permits were filed by the within named applicants and they have received the approval of this Council; and WHEREAS, the premises to be occupied by such applicants were inspected and found to comply with the ordinances of this City and they have filed proper bonds: NOW THEREFORE, Be It Re- solved by the City Council of the City of Dubuque, Iowa, that the Manager be and he is hereby di. rected to issue to the following named applicants a Beer Permit. RESOLUTION NO. .~."".' 65 go into that a little bit later, and I think, thirdly, a man sit. ting in this seat can act ig- norantly. I think that ignor- ance can stem from one of two possibilities -one, that he lacks the mental capacity to handle the jab or secondly that he does not do his home- work to undcrstand what the jab is about. We have watched Mr. Pfohl over these past months - 1) harass the Planner - this W8S the out- shoot of taking the Planner and putting him under the Engineering Department. This was done privately and again not in accord with the poli- cies that the present form of government calls for. We are supposed to fight OUf battles at this table and not #4A in somebody'$ office or on some street corner . . . OB- JECTION VOICED BY - PFOHL: (not audible but apparent from subsequent Takas re- mark) TAKOS: Mr. Mayor, I asked for the floor, sir. PFOHL: I'm objecting, Mr. Takas, on the premise . . . (inter. ruption by Takas) TAKOS: Mr. Mayor, I asked . . . (rest inaudible) PFOHL: (audible and continuing) that you are injecting per- sonalities and I wish to have clarification of the rules of the Council. (Pfohl was ap- parently asking for a Point of Order.) TAKOS: Mr. Mayor, I call for a ruling. PFOHL: This is a personal attack on me and I have no other choice but to say this. TAKOS: I call for a ruling. HORGAN: Please-in the attempt to discuss tbe matter at hand, Mr. Pfohl. PFOHL: The matter at hand is not me, Mr. Chairman. HORGAN: The matter at band is the proposal submitted by you, and PFOHL: Absolutely (interjected) HORGAN: Your name must be in- volved in it some how or another. PFOHL: The proposal is the thing at hand-not me. March 1, 1965 Session, A proposal on Municipal Gov- ernmental Reform was read to the Council by Councilman Eldon A. Pfohl. The subject mattcr of the proposal was-Dubuque Planning and Zoning Commission-Dubuque Planning Department. Councilman Pfohl then moved that the communication be re- ceived and filed and rcferred to the Council for consideration. Councilman Ludwig seconded the motion - then withdrew the second to permit discussion. #3 2B #4 TAKOS: FIRST of all my impres- sion in reading the paper (T.H.) tonight was when you say iunk the Zoning Board,- this to me is not the ap- proach to any problem. I think the gentlemen at this table have in the past-we've proposed before this bodY- we've attempted to analyze- we've come UP with a major- ity or minority decision and we live by it. But to prefight this battle with the Planning and Zoning Commission is not effective-that it should be junked-I think it's to- tally erroneous - and I cer~ tainly want no part of that type of thinking. I would re- can the Council's attention that just a matter of weeks ing a New Department. What would .e ha.e done if some weeks ago we had acqUiesced to his statement by putting the Planner under the Engi- neetlng Department. I strong- ly feel that there are threc directions that a man sitting in this seat-elected by the people can follow. I think one of those is to try to do the best you can, be objective and act in the best interest of the public. I think, sccond- ly, a man sitting in this seat can be vindicative and I will Regular DISCUSSION ago-that we hod a proposal from Mr, Pfohl to toke the Planner and put him under the Engineering Department. Now suddenly - some wceks later we find that we are creating a whole new office for this same man and creat- #1 #2 #2A The code numbers at the left margin of the transcript sheet cor- respond to the numbers used in the rebuttal sheet. CITY READING OF PROPOSAL which was given to the City Clerk to place on the agenda for the regu. lar meeting of the City Council, (time submitted on the morning of Feb. 1, 1965). Mter proposal was given to the City Clerk and he stamped it (with date, time, etc.) a copy of the proposal was given to the Telegraph Herald (they were askd to give a copy to thc Radio Station K.D.T.H. be- cause of a shortage of copies) and a copy was also given to Radio Station W.D.B.Q. Copies of the proposal were also given to the in. dividual City Councilmen at 7:00 P.M., a full half hour before the start of the Council meeting at 7:30 P.M. statements made by Councilman Takas on that night (Fcb. 1, 1965). In the public interest I have made out a rebuttal to these statements. Radio Station K.D.T.H., The Telc- graph Herald, The City Solicitor, the City Planner, The Dubuque Planning & Zoning Commission are involved either directly or in- directly in the situation. In the Public interest I feel that the truth will clear up the situation and therefore I have prepared a transcript of the pertinent section of the proceedings of the City Council of Dubuque, Iowa on Feb. 1, 1965. Before I use this transcript to prove that what was said is either farse or irrelevant, I ask this Council to hear the tape re- cording upon which the transcript is based. If this request is granted, I then ask this Council to verify the transcript as is or ask them (the Council) to change it (trans- cript) where necessary, so it can bc used to cstablish thc facts, again in the public interest. 1, 1965 March Hegular Session, Councilman Pfohl moved that his communication be received and filed. Seconded by Councilman Ludwig. Carried by the following vote: by Councilman Ludwig. Carried by the following vote: Yeas - Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takas. Nays-None. Yeas - Mayor Horgan, Council men Kean, Ludwig, Pfohl, Takos Nays-None. 64 March 11 1965-To the Honor- ab!1t Mayor and City Council of Dubuquel Iowa. Submi-Ued by Councilman Eldon A. Pfohl. Since this is a matter for the City Council to handle I will pre- sent directly to them any evidence I may have to substantiate my rea- soning. Eldon A. Pfohl TRANSCRIPT SHEET February 1, 1965 Dubuque, Iowa-REGULAR COUNCIL MEETING I. PERSPECTIVE SHEET The Planning of the City of Du- buque, obviously, is in state of utter confusion and has been that way for many years past. Victor Gruen and his voluminous reports and may I add very late (almost one and one-half years) reports have not helped the state of af~ fairs. In fact the Ward's situation and other pending situations can be laid on the doorstep of both Gruen and the Federal Govern- ment. The fact that Gruen has rec- ommended that Dubuque not have any more shopping centers really puts the damper on the future progress and growth of the City of Dubuque. As an elected Official of the City of Dubuque, my hands are tied by the administrative staff of the City, and I am helpless to straighten out the situation unless the planning becomes responsible to all the people of Dubuque. I re- cently proposed a change in the planning structure for the City of Dubuque. This was on the night of Feb. 1, 1965 at a regular City Council meeting. What happened that night was shamefully beyond description and very detrimental to what needs to be done to sal- vage the downtown from utter de- struction by the very forces that are supposed to build it up. The evcnts of Feb. 1, 1965 at the City Council chambers were beyond my control as the facts indicate. How- ever, I will try to clarify the sit- uation in the public interest and also separate the facts from the fiction for that same reason. I have made a transcript of the false statements and irrelevant '.M ~ ''''" 67 jority rule. If you can get a majority you win. If you're in the minority which is what all of us have been you just work a little harder for the next time. I don't believe you should run around to boards and commissions and into of. fices on a harassment basis. We operate as a unit, not as an individual at this body. I further bclieve that this table represents the battle ground for decisions and this also al. lows itself to be an arena in which the public adequately can judge its elected officials. #14A Now if we are preparing to fight for the continuance of the City Manager form of government in this city I am willing to state categorically, here and now, 1111 meet that fight. I only ask that the con- flict be clearly labeled so that the public recognizes and knows what we are fight. ing about. I'm afraid that in the manner this thing has been shaping up there is a cloud and people do not un- derstand what is at issue, and I think in conclusion of these that I've answered this argu- ment, but I had to takc this round about way to bring about and show why I've taken this course. #18 there is no doubt in my mind that we would see the end of our present City Manager form of Government. This body cannot operate without boards and commis- sions, I am not opposed to updating them - in some areas integrating them - in fact-I've made several pro- posals along that line-but to wholesale recommend by #14 PFOHL: (Councilman Pfohl talked at this point and mainly de- fended his right to bring ideas of the Council Table. He also stated, in essence, that he would refute the al. legations made by Mr. Takos (Councilman) possibly at a later date. taking the word IIcommittee. itisll which he has done on many occasions-and seek to obliterate boards and com- missions - certainly would not give the strength which the present form of govern- ment needs. I don't think you could go out and buy per- sonell under this present pro- posal which he has designed or somebody has designed for him, I don't know which, but I do not think that you could go out and get any per- sonell to take the brunt of #15 Regular Session, March 1, 1965 -These are slightly not con- nected because I did not have time to develop this from the time I read the paper until this minute. Now should Mr. Pfohl have the mental capacity of con. ducting himself in this chair, then I say that this Council should prepare itself for a fight for the very preserva- tion of the City Manager form of Government. If Mr. Pfohl's minority thinking should develop into a major- ity thinking according to his present and past proposals #13 (indis- that Mr. Pfohl has no apparent respect for either intelligence or trained capability. A good example lies in the fact of the park. ing ramp design which he submitted over the two trained, qualified, architects and architectural firms which we hired. I believe the gen- tlemen at this table recall March 1, 1965 PFOHL: If you wish to make a hearing out of this I wish to have a chance to prepare myself properly. TAKOS: I've had about as much chance . . . (interrupted by pfohl) BOTH PFOHL and TAKOS cernable) TAKOS: I contend #7 #8 Session, Regular 66 Refer to PROPOSAL SHEET and you will find the word dissolve was used. The word junk was substituted by the Telegraph Herald. (based on fallacy). #1 as i n i n e maldirection and plaintiff invective because I don't think peoplc will buy themselves this cheaply. I sat at this table for seven years. In those seven years there has been quite a dif. ference of personalities at this table but in all that time #16 cation was read by rne-E? Eldon A. Pfohl. Under the heading "City Planning" I quote "that we hire a full time Engineer to be the City Planner." The concept at that time was to- have a Full Time #2.#2A-At the City Council meet also ing-May 2, 1960 a communi #2B I've never had reason to sus. picion the motive of anyone of these men. Unfortunately it is not true of this present Council, of course I refer to one gentleman at this table. I believe the proper way to fight the issue is openly at this table and fight for ma- #17 /,1, ~ that the ramp that he sub. mitted ~ad no interiors what. soever-it contained 2 via- ducts that ran over 8th and one ran over 9th and I think the public can be well jus- tified that thc Council acted in the best interest in select. ing the design we had. I be- lieve also the Council owes an apology to the Planning & Zoning Commission for the simple reason we have al- ways in the past as well as in the future when we had an area of disagreement, be able to sit down with the gentlemen. They have never denied us that opportunity, nor has the Council denied any board or commission their right to sit down and discuss an area of differ- ence, as such be the case. I think Mr. Riley incidentally should be congratulated on his handling of his meeting. If this action stems from a lack of comprehensibility on the part of Mr. Pfohl, then I think at this time, it would be proper for me to ask him to resign from this body. I will recall the Council's at- tention that some year or two-I can't recall, when Mr. pfohl was not at this tablc, and he asked this body to resign on a particular point of disagreement with him. I would reissue that invitation. Because tbis body disagreed with him-I've covered that #9 #10 HORGAN: I would ask Mr. Takas to keep it as objective as possible-please. TAROS: We have watched Mr. Pfohl just recently now go to the Planning and Boning Board. PFOHL: (intcrrupting) Mr. Chair- man, I must object that we stay on the subject. The sub- ject matter is the communi- cation. This is dealing in per- sonalities. I would like to have a ruling from the So- licitor on this thing. Are any members of the Council al- lawed to delve in personal charges against each other- I'm not up here for discus- sion. The discussion is on the subject matter. AT THIS POINT CITY SOLICITOR RUSSO SAID IN ESSENCE THAT HE DID NOT KNOW ABOUT THE LEGALITY OR ILLEGALITY OF THE PROCEEDINGS UNDER THE POINT OF ORDER RAISED BY MR. PFOHL PREVIOUSLY. THE PARTICULAR POINT OF ORDER WAS RULE 23 OF THE RULES OF ORDER OF THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA. HORGAN: Mr. Pfohl, as I undcr- stand Mr. Takos's line of ar- gumentation, he is developing the actions of yourself, which are a matter of offi- cial record, at the Council ta- ble and not in your person- ality or your private affairs. We are talking about mat- ters of record in past actions of this Council - Continue, Mr. Takas, Please. TAKOS: I believe again-it's a matter of record that a #5 #5A that a certain ruling by the Solicitor did not concur with his thinking so at tt.e start of this fiscal year Mr. Pfohl declined to vote for the So- licitor. I think this action again is self evident. PFOHL: Mr. Chairman, I must again object that this is not the subject matter. HORGAN: It's the Official Record. PFOHL: This is not tbe subjcct matter before us at this time. TAKOS: I'm debating that point, sir. HORGAN: it. #11 #6 #12 dcbating He's ~.,. , , ~I I : ! 69 Takas's use of the word. I defined the meaning of the word as "a committee for everything", and I suggest further that everyone start using the word. H Mr. Takas has any pet words of his own and I suspect he does, I would suggest he define his own so people will know what he is talking about. (Takas state- ment is irrelevant) Councilman Pfohl moved that the communication be received and filed and made a matter of record. Seconded by Mayor Horgan. Car- ried by the following vote: Yeas - Mayor Horgan, Council- men Kean, Ludwig, Pfohl. Takas. Nays-None. If these words are used to describe my actions, and I think they are, Mr. Takas Owes the public an explana. tion of what he means and he also owes the public positive proof of his accusations at that point. (Takas statement unclear and without proof- fallacy) Mr. Takas, you brought sus- picion to the Dubuque City Councl table in 1959 and 1960 and it has never been there ever since. I am sorry for you and hope you can eradicate this suspicion from your mind in the best public interest. #18 Perhaps you are fighting with yourself about yourself, I can't tell, but I would again suggest a change of attitude on your part. If the manager form of government is in danger, perhaps the weakness could stem in part from your own actions as a Councilman. Be that as it may, I am con. fident that the clectorate, the people of Dubuquc, will de- cide that question when and if it comes up before them. In closing this portion of my presentation, I feel that you Mr. Takas are unduly con- cerned, 90% of the time with things that border on hallu- cinations. I hope you can take some advice from a fellow Councilman and may God bless you. March 1, 1965 #16 #17 Regular Session, whether I was out of order he said "no" and I think he meant it. The fact of the situation is that I was not called out of order by the chairman and therefore I feel completely cleared of your charge, whatever that charge may be, to merit an apology. (Takas statement has no basis in fact) #11 Your charge that I cannot comprehend and therefore should resign from the Du- buque Cit yCouncil could very well stem from your own weakness whereby you imag~ ine situations which do not exist except in your own mind. I would suggest, in the public interest, that you not judge others by yourself in the future. (Takas statement false) #12 There was no point of dis- agreement. As I recall, Mr. Horgan was absent that night. I also recall that my premise for asking for the resignation of the other four members of that Council was their re- fusal to even recognize that a question was being asked of them by a citizen. I consider. ed my action in the best pub- lic interest under those cir- cumstances. Anyway this has absolutely nothing to do with the subject matter or my rec- ord as a Councilman. (Takas statement irrelevant) #13 Does Mr. Takas have any pos. itive proof that Mr. Pfohl does not? (should be answer- cd by Mr. Takas) #14 I stated publiCly in the Tele- graph Herald that I do favor the City Manager form of gov- ernment if the Council exer- cises proper control over the Manager. This, in essence, is what I said on October 20, 1963 in that newspaper and I frankly meant what I said. You havc a right to differ with me on this subject but are you not trying to deny me the right to differ, Mr. Takos? (should be answered by Mr. Takas) word "com~ welcome Mr. #15 I did coin the mitteeitis and I I ,I r, j . ,I l ~ 1 1965 inent questions. There is no rule saying the Council must go as a body to obtain Public or Official Records. The state- ment about the form of gov- ernment is irrelevant to this right to obtain Official Rec. ords. (Takas statement is fal- lacy) #5A point of the discussion it has been proven that all state- ments by Mr. Takos were false. H Mr. Takas would have had the Official Record be- fore him he would not have dealt in fallacy. He was "quoting" the Official Record from memory and that alone makes his statements unreli- ablc. (based on hearsay) This is irrelevant to the sub- ject matter whether I voted for or against the reappoint- ment of the City Solicitor. To vote yes or no is first of all my right as a duly elected official and above all my duty when I see fit to do so in the public interest. (Takas state- ment is irrelevant) By Mr. Takas's own admission, his statement is only a conten- tion and therefore is of no value whatsoever without some further substantiation. (go to #8) I did not even submit a design for the parking ramp. What I submitted was a sketch which could be called a drewlng of en idee. The sketch suggested interior ramps from one floor to another plus some sug- gested parking arrangement. It was color coded and con- tained a notation to the effect that thc sketch was merely an idea. I introduce a letter from the DeLeuw Cather Co. de- signers of the ramp to sub. stantiate that (Mr. Takas statement is fallacy) #10 If you, Mr. Takas, can prove that an apology is in order, I will make the apology per- sonally and in writing to the Planning and Zoning Com- mission. When I asked the Chairman of that meeting 1, This statement by the Mayor is false because up to this March #8 also #5 also #9 #6 #7 Session, (Takas There is no written policy anywhere under the Manager form of government that for- bids a Councilman from talk- ing to people, whethcr those people be citizens or other officials. All citizens, as well as Officials havc the right to ask to see the Official Rec- ords of Boards and Commis. sions and even ask them pert. This idea of harassment came originally from "Edi- torial Copy for VIEWS ON THE NEWS" programs Dec. 30-31, 1964, by Radio Station K.D.T.H. I confronted Mr. Robert Woodward Jr. with the Editorial on Jan. 25, 1965 and he had no reasonable ex- planation for his actions, nor did he have any proof of his allegation of harassment. On Jan. 26, 1965 I received a registered letter from Mr. Woodward in which he re- quested that I refrain from entering the premises of his station. He did this because in his own words "In my opin- ion your visit to my office yesterday represented an at. tack on my integrity-I>. Then on January 28, 1965, I ap- peared before the Planning and Zoning Commission of Dubuque and read my repud- iation of the Editorial by Mr. Woodward; and thc City Plan- ner was present at that meet~ ing and could have contradict- ed my statement at that time, if he so wished. Planncr - with the qualifi. cation being a degree in En. gineering. On Jan. 6, 1964, during the discussion which led up to the motion (unani- mous) by the Council to have the duties of the Planner laid out I suggested (verbally) that the Planning be "intc. grated or coordinated with the Enginecring Department to form a department named Planning and Engineering Department." I have never at any time, anywhere stated that I wanted the Planner under the Engineering De- partment. (Takas statement is fallacy) fallacy) Regular Is statement 68 #3 #4 ."<'t 11 plant within sixty days. However, in the event that construction has not been started within (6) six months from date of delivery of deed, this body recommends that ownership of the land revert to City of Dubuque, and the purchase price be refunded to the buyer. Time is of the essence and we ask that this proposal be given yOUf attention as soon as possible in the week of March 7, 1965. Respectfully submitted: Mayor's Industrial Com. mittee offer of Coca should be ac- Rohert J. Horgan, Mayor, City of Dubuque, Iowa J oseph Voelker, Chm., Dock Commission Robert E. Dorothy, Mgr., Industrial Bureau Mayor Horgan moved that the communication be received and made a matter of record and the offer of Coca Cola Bottling Co. of Dubuque be accepted. Seconded by Councilman Pfohl. Carried -by the following vote: Yeas - Mayor Horgan, Council men Kean, Ludwig, Pfohl, Takas Nays-None. 11, 1965 RESOLUTION NO. 54-55 WHEREAS, by written communi- cation dated March 4, 1965, COCA COLA BOTTLING CO., of Dubuque, an Iowa corporation, offered to purchase two (2) acres of land situated in the Industrial Park of Dubuque, Iowa, for the sum of Three Thousand Five Hundred ($3,500.00) Dollars per acre, and which real estate is described as follows: Lot 1 of Block 15 in Rivcr Front Subdvision No. 3 in the City of Dubuque, Iowa, contain. ing 2.092 acres. WHEREAS, the Mayor's Indus- trial Committee, consisting of Hon- orable Robert Horgan, Mayor of City of Dubuque, Iowa, Joseph Voelker, Chairman, and Robert Dorothy, Manager, Dubuque Indus. trial Bureau in a written com. munication to the City Council of City of Dubuque, Iowa, dated March 5, 1965, recommended the sale of said two acres to Coca Cola Bottling Co. upon certain con- ditions; and WHEREAS, the Cola Bottling Co. cepted. March Session, CITY COUNCIL OFFICIAL Mayor Horgan read the call and stated that scrvtce thcreof had been duly made and this meeting is called for the purpose of con- sidering an offer of purchase of a tract of land in Area "B" in indus- trial Park to Coca Cola Bottling Co. and acting on any other busi- ness which may properly come before a regular meeting of the City Council. 1965 City Council City of Dubuque, Iowa Gentlemen: The Dubuque Industrial Bureau has worked with the management of the Coca Cola Bottling Company of Dubuque since October, 1963, in solving its problem of locating property for a new bottling plant in Dubuque. After a thorough search, and in- vestigation of many parcels of land and buildings which were unsuit- able, this firm made application for a bUilding site in Industrial Park. This request was made due to the fact that the building hous- ing Coca Cola's present operation has been sold, and therefore the firm must find new quarters im- mcdiately. With due regard for, and con- sideration of the problems of Du- buque's existing industries, and in the case of this firm which has been in constant operation in Du- buque at the same address, for sixty years, this body recommends the sale of (2) two acres of land in Block 15, Riverfront Subdivision, Area B of Dubuque Industrial Park, to Coca Cola Bottling Co. of Du- buque, at a sale price of $7,000, ten per cent of which is herewith attached by check in the amount of $700, as earnest payment. Officials of the Coca Cola Bottl- ing Co. of Dubuque have stated in writing that they intend to com- mence construction of the new Session, Much 11, 1965. met at 8:00 o'clock P.M. Special Council (C.5.T.) Present--Mayor Horgan, Coun- cilmen Kean, Ludwig, Pfohl, Ta. koSo City Manager Gilbert D. Chavenelle. March 5, Special 1 ~;~ ,. 10 Regular Session, March 1, 1965 - There being no further business Mayor Horgan moved to adjourn. Seconded by Councilman Kean. Carricd by the following vote: Yeas - Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays-None. Leo F. Frommelt City Clerk Approved ....... ..................1965 Adopted ......... ................1965 ..................... ..................... Councilmen: ..................... ..................... l ................,,,,, Attest: .................... City Clerk I <Ilf..''''-..'''' 73 Locust on March 6, 1965, presented and read. Councilman Ludwig mov- ed that the notice of claim be referred to the City Solicitor for investigation and report. Seconded by Councilman Takas. Carried by the following vote: Yeas - Mayor Horgan, Council men Kean, Ludwig, Pfohl, Takas, Nays-None. N atiee of claim of Merle P. Koch of 1111 Rosedale, in thc amount of $15.00, for car damage as the result of striking a hole in the pavement about 150' east of Rosedale and W. Locust Street, on March 5, 1965, presented and read. Councilman Ludwig moved that the notice of claim be referred to the City Solicitor for investiga- tion and report. Seconded by Councilman Takas. Carried by the following vote: Yeas - Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takas. Nays-None. Notice of claim of Myron R. Turnmeyer of Asbury Road, in the amount of $40.00, for car damage as the result of striking a hole in the pavement at 1982 Asbury street on March 5, 1965, presented and read. Councilman Ludwig moved that the notice of claim be referred to the City Solicitor for investiga- tion and report. Seconded by Coun- cilman Takas. Carried by the fol- lowing vote: Yeas - Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takas. Nays-None. Notice of claim of Thomas R. Davis of 1673 Hickson St.. in the amount of $25.00, for damage to his car as the result of striking a hole in the street at 32nd and North Grandview on March 3. 1965, presented and read. Councilman Ludwig moved that the notice of claim be referred to the City Solic- itor for investigation and report. Seconded by Councilman Takos. Carried by the following vote: Yeas - Mayor Horgan, Council- mcn Kean, Ludwig, Pfohl, Takas. Nays-None. Respectfully submitted, R. N. Russo, City Attorney Councilman Takas moved that the recommendation of the City At- torney be approved. Seconded by Councilman Ludwig. Carried by the following vote: Yeas - Mayor Horgan, Council- men Kean, Ludwig, Pfohl. Takos, Nays-None. Communication of Edward G. Bradfield of 485 Collcge St., rc- questing information as to the status of a car damage claim filed sometime ago, presented and read. C'ity Attorney Russo explained that the claim has taken its prop- er course by submitting same to the proper carrier who in turn has failed to respond to date. Coun- cilman Takos moved that the communicaton be received and fil- ed. Seconded by Councilman Lud- wig. Carried by the following vote: Yeas - Mayor Horgan, Council- men Kean, Ludwig, Pfohl. Takas. Nays-None. 11, 1965 March Session, March 9, 1965 & City Council Re: Arnold J. Jaeger Gentlemen: On March 1, 1965, Arnold J. Jaeger of 2131 Jackson Street, Du- buque, Iowa, filed claim in the amount of $187.97 for damage to his car and for injuries to his wife, which incident occurred on January 2, 1965 at 25th & Central Ave., in the City of Dubuque. I have made an investigation of this matter and have learned that the barricade in question was re- moved by a group of juveniles from a sewer project at the corner of Diagonal and Central Avenue and placed it in the south bound lane of travel on Central Avenue. It is my recommendation that said claim should be denied for the reason that there was no action- able negligence on the part of the City of Dubuquc to justify pay- ment of said claim. Original claim is attached here- to. Notice of claim of Mrs. Velma Wetzel, of 1091 Main Street, in the amount of $15,000. for personal in- juries received in a fall on ice and snow at the southwest corner of intersection of West Eleventh Notice of claim of Harold R. Al- brecht, of 467 Primrose St., in the amount of $25.50, for car damage as the result of striking a hole in the pavement east of the inter- section of Rosedale and West I I' -I I I ! I ! ~ Special Hon. Mayor I .1 11, 1965 Communication of Communities Services Survey Committee sub- mitting a copy of their report being a logical starting point to answer human needs of Dubuqueland, and assist voluntary and governmental agencies in moving ahead in the the areas of health, welfare and recreation, presented and read. Councilman Pfohl moved that thc report be received and filed. Sec- onded by Councilman Kean. Car- ried by the following vote: Yeas - Mayor Horgan, Council- men Kean, Ludwig, Pfohl. Takas. Nays-None. Gentlemen: On the 19th day of April 1963, Mrs. Irma Phillips filcd claim against the City of Dubuque claim- ing injuries as a result of a fall on the 2nd day of March 1963 at the alley crossing adjacent to 1064 University Avenue, alleging a con- dition thereat of an accumulation of snow and ice thereat causing her fan and that she suffercd per- sonal injuries I have conferred with her at- torneys, who have made an offer of settlement in the amount of $500.00 and it is the recommcnda- tion of thc City Attorney that said offer be accepted, and that the City Auditor be instructed to draw warrant payable to Irma Phillips in the amount of $500.00 and transmit same to the City Attorney for delivery upon the receipt of a duly executed release. Original to. Respcctfully submitted, R. N. Russo, City Attorney Fcbruary 25, 1965 Mayor & City Council reo Mrs. Irma Phillips 1135 University Avc. Session, March HOll. attached here. is claim Mayor Horgan movcd that the recommendation of the City Attor- ney be approved and the Auditor instructed to issue proper warrant. Seconded by Councilman Takas. Carried by the following vote: Yeas - Mayor Horgan, Council- men Kean, Ludwig. pfohl. Takas. Nays-None. NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF CITY OF DUBUQUE, IOWA: Section 1. That offer by Coca Cola Bottling Co. to purchase the fOllowing described real estate: Lot 1 of Block 15 in River Front Subdivision No.3 in the City of Dubuque, Iowa, con- taining 2.092 acres. for the sum of Three Thousand Five Hundred ($3,500.00) Dollars per acre be and the same is hereby accepted upon the following terms and conditions: a) Coca Cola Bottling Co. shall commence manufacturing opera- tions within six months (6) of deliv- ery of Quit Claim Deed conveying the property hereinabove described by City of Dubuquc, Iowa; b) Construction of thc building and use of said premises by Coca Cola Bottling Co. shall be in ac. cordance with provisions of City of Dubuque Ordinance No. 3-34, known as the ZONING ORDIN- ANCE OF TIlE CITY OF DU- BUQUE, !OW A, as amended by Ordinance No. 33-59, establishing and defining "Restricted Industrial District" said building when con- structed shall contain approximate- ly 21,000 squarc feet; c) Subjcct to perpctual right and perpetual easement in City of Dubuque, Iowa, in, over and across said premises for purpose of re- pair, maintenance and inspection of existing City water main and sewer lines. Section 2. That thc City Clerk be and he is hereby directed to pub- lish notice of intent to dispose of interest in real estate by City of Dubuque and is by law provided. Passed, adopted and approved this 11th day of March, 1965. Robert J. Horgan Mayor Richard Ludwig Peter J. Takas Eldon A. pfohl James J. Kean Councilmen Attest: Leo F. Frommelt, City Clerk Councilman Ludwig moved adop- tion of the resoluton. Seconded by Counclman Takos. Carried by the following vote: Yeas - Mayor Horgan, Council men Kean. Ludwig, Pfohl, Takas Nays-None. Special 72 :i" 75 adopted and approved day of March, 1965. Robert J. Horgan Mayor Richard Ludwig Peter J. Takas Eldon A. Pfohl James J. Kean Councilmen Councilman Takas moved adop. tion of the resolution. Seconded by Mayor Horgan. Carried by thc fol- lOwing vote: Yeas - Mayor Horgan, Council men Kean, Ludwig, Pfohl. Takas. Nays-None. There being no further business Mayor Horgan moved to adjourn. Seconded by Councilman Takas. Carried by thc following vote: Yeas - Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takas. Nays-None. Leo F. Frommelt, City Clerk 1965 1965 March 11, 1965 Attest: Leo F. Frommelt, City Clcrk NAME ADDRESS CLASS "B" BEER PERMIT lone Miller, 1322 Central Avenue Syl A. Weiner, 201 East 22nd Street Passed, adopted and approved this 11th day of March, 1965. Robert J. Horgan Mayor Richard Ludwig Peter J. Takas Eldon A. Pfohl James J. Kean Councilmen Attest: Leo F. Frommelt, City Clerk Approved Adopted Passed, this 11th Session, RESOLUTION NO. 56-65 WHEREAS, applications for Becr 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 thc City of DUbuquc, Iowa, that the folloWing applica- tions be granted and licenses be issued upon the compliance with the terms of the ordinances of the City. Councilman Takos moved adop- tion of the resolution. Seconded by Councilman Kean. Carried by the following votc: Yeas - Mayor Horgan, Council men Kean, Ludwig, Pfohl, Takos, Nays-None. Special Councilmen City Clerk NAME ADDRESS CLASS "B" BEER PERMIT lone Miller, 1322 Central Avenue Syl A. Weiner, 201 East 22nd Street BE IT FURTHER RESOLVED that the bonds filed hy such ap_ plicants be and the same are here- by approved. .1 I I I may be displaced due to the en- forcement of city codes or the con- struction of public faciIites, and in so doing, make use of the re- sources of the several community service agencies; 4. Be responsible for investiga- tion reports and processing proced- ures necessary for the demolition of buildings. 5. Locate, inventory and inspect rental and purchase properties available for relocation purpose. 6. Maintain records of inspec- tions, inspection results, reloca- tions and available properties. Respectfully requested, Gilbert D. Chavenelle, City Manager Councilman Takos moved that the request of the City Manager be approved. Seconded by Council- man Ludwig. Carricd by the fol- lowing vote: Yeas - Mayor Horgan, Council- men Kean, Ludwig, Pfohl. Takas. Nays-None. 11, 1965 March Session, and the alley between Main and Locust Streets on January 28, 1965, presented and read. Councilman Ludwig moved that the notice of claim be referred to the City Solicitor for investigation and re- port. Seconded by Councilman Takas. Carried by the following vote Yeas - Mayor Horgan, Council men Kean, Ludwig, Pfohl. Takos. Nays-None. Special 74 RESOLUTION NO. 55-65 BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the following having complied wth the provsions of law relating to the sale of Cigarettes within the City of Dubuque, Iowa, be granted a permit to sell Cigar- ettes and Cigarette Papers within said City. Petition of Frank McGovern re- questing permission to excavate in University and O'Hagen Streets for sewer purposes, presented and read. Councilman Takos moved that the petition be granted subject to the approval of the City Engineer. Seconded by Councilman Kean, Carried by the following vote: Yeas - Mayor Horgan, Council men Kean, Ludwig, pfohl, Takos, Nays-None. Attest: RESOLUTION NO. 57-65 WHEREAS, applications for Beer Permits were filed by the within named applicants and they have re. ceived the approval of this Coun- cil; AND WHEREAS, thc premises to be occupied by such applicants were inspected and found to comply with the ordinances of this City and they have filed proper bonds: NOW THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the Manager be and he is hereby di- rected to issue to the following named applicants a Beer Permit. NAME ADDRESS Gordon Cunningham, (Effective April, 1965) Bunker Hill Golf Course BE IT FURTHER RESOLVED that the bonds filcd with the appli- cation be approved. Passed, adopted and approved this 11th day of March, 1965. Robert J. Horgan Mayor Richard Ludwig Peter J. Takos Eldon A. Pfohl James J. Kean Councilmen Petiton of Dubuque Insulation and Siding Co. requesting permis- sion to construct a fixed awning on the building located at 1570-1596 Central Ave., presented and read. Councilman Takos moved that the petition be grantcd subject to the approval of the Building Commis- sioner. Seconded by Councilman Kean. Carried by the following vote: Yeas - Mayor Horgan, Council- men Kean, LUdwig, pfohl. Takos. Nays-None. March 11, 1965 To the Honorable Mayor and City Council Gentlemen: It is requcsted that the City Manager be given permission to immediately increase the city staff by one employee. The purpose is to make possible the assignment of a full time person as Housing In- spector under the city Housing Code. It is impossible to do this with the present staff and it is not possible to accomplish the work by part time assignment. The duties of the Housing in- spector will consist of: Attest: Leo F. Frommelt City Clerk Councilman Takos moved adop- tion of the resolution. Seconded by Mayor Horgan. Carried by the following vote: Yeas - Mayor Horgan, Council men Kean, Ludwig, Pfohl. Takos, Nays-None. 1. Conduct of systematic and continuous inspections of dwellings on a neighborhood by neighbor- hood basis; 2. Working with property owners to bring about compliance with the Housing Code; 3. Assist persons to relocate who ."""'">r'"