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1964 February Council Proceedings I 17 Regular Session, February 3, 1964 CITY COUNCIL OFFICIAL Regular Session, February 3, 1964. There being only two members of the Council present upon foll call the meeting was postponed by the Mayor to February 10, 1964 and subject to call. LEO F. FROMMELT City Clerk Approved ..................................1964. Adopted ......................................1964. ......................... ....n................... Councilmen ......................... ........................., l.......................... Atte.t ....................................., City Clerk Special Session, Janual}' 20, 1964 ing of the cost of surveys, prelimi- nary plans etc. in the construction of the proposed parking ramp. He was assured that the money pres- ently being spent is coming from the Parking Meter Fund. There being no further business Mayor Horgan moved to adjourn. Seconded by Councilman LUdwig. Carried by the following vote: Yeas - Mayor Horgan, Council- men Kean, LUdwig, Pfohl, Takas. Nays-None. LEO F. 1964. 1964. ..................... City Clerk FROMMELT City Clerk Approved Adopted Councilmen: Attest: arettes and Cigarette Papers with- in said city. Louis Terry Bournias, 2600 Dodge Street-Plaza 20 BE IT FURTHER RESOLVED that the bonds filed with the ap- plication be approved. Passed, adopted and approved Ihis 20th day of January, 1964. Mayor Eldon A. Pfohl James J. Kean Richard Ludwig Peter J. Takas Councilmen Attest: Leo F. Frommelt City Clerk Councilman Takas moved the adoption of the resolution. Second- ed by Mayor Horgan. Carried by the following vote: Yeas - Mayor Horgan men Kean, Ludwig, Pfohl Nays-None. Council- Takas. Councilman Takas moved that the rules be suspended in order to let anyone present address the Council if they so desire. Second- ed by Councilman Ludwig. Carried by the following vote: Yeas - Mayor Horgan, Council- men Kean, LUdwig, Pfohl, Takas. Nays-None. Mr. Herbert Kiefer of 535 Chest. nut Street addressed the Con-neB by making inquiry as to the finane- 16 was to be based on the rate of $20.00 per bour for the USe of the required equipment and the opera- tor's services. The jOb was to be performed under the supervision of the City Engineer and the Dredge Operator. The total time as reported by the Dredge Operator was 4 hours. At tbe agreed upon rate of $20.00 per hour the cost to the City of DUbuque for this particular project should have been $80.00. On December 27, 1963 the Dock Commission received a bill for this job in the amount of $385.00, an excess of $305.00 over the proper charge as originally agreed upon. I refused to O.K. the bill for pay. ment as also did Mr. Voelker and I also refused to sign the check. Mr. Mueller, however, O. K'd the bill and signed a check for $385.00 in payment thereof. For the past four years I have been on the Dock Commission I have vigorously opposed the ap- proval of and the payment of bills that were excessive. My stand against the acceptance of over charges resulted in the saving to the City of Dubuque of several thousand dollars. Threats, innuendoes and pres- sure from many sources failed to remove me from the Commission. Apathy, such as demonstrated by this particular example, however, has brought about my conviction that there remains no alternative for me but to resign. I am accord- ingly hereby tendering my resig- nation from membership on the Dock Commission of the City of Dubuque effective immediately. Respectfully yours, (John J. "Hank" Waltz) Councilman Takos moved that the rules be suspended in order to let anyone present address the Council if they so desire. .Second- ed by Councilman Ludwig. Carried by the following vote: Yeas - Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays-None. Mr. Carl Burbach of Thruput Terminal addressed the Council relative to the bill submitted by him in the amount of $385.00, as referred to by Mr. Waltz in his let- ter of resignation. From the first time his firm tried to bring a barge into the dock area near his plant back in 1962 the vessel ran Yeas - Mayor Horgan, men Kean, Ludwig, Pfohl, Nays-ljone. Communication of Ethel Cheri- oU submitting her application for appointment to the Library Board, presented and read. COl;lncilman Takas moved that the communica- tion be referred to the Council. Seconded by Mayor Horgan. Car- ried by the following vote: Yeas - Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays-None. Communication of KDTH pre~ senting the City with a tape re- cording which was made at the dedication of Bissell Harbor last summer, presented and read. Coun- cilman Takas moved that the tape be accepted with thanks and that a place for the tape be indicated in the future and also that the communication be received and filed. Seconded by Mayor Horgan. Carried by the following vote: Yeas - Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays-None. Communication of Transamerica Insurance Group submitting Power of Attorney naming Andrew G. Frommelt as attorney in fact in the amount of $300,000, presented and read. Mayor Horgan moved that the Power of Attorney be reo ceived and filed. Seconded by Councilman Takos. Carried by the following vote: Yeas - Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays-None. Communication of United Fund thanking the Council for their col- lective and individual support in the fall fund drive, presented and read. Councilman Pfohl moved that the communication be re- ceived and filed. Seconded by Mayor Horgan. Carried by the fol- lowing vote: Yeas - Mayor Horgan, men Kean, Ludwig, Pfohl, Nays-None. 19 February 10, 1964 Session, Counci Takos. Adjourned Regular 1964 Passed, adopted and approved this 10th day of February 1964. Robert J. Horgan Mayor Richard Ludwig Peter J. Takos James J. Kean Eldon A. Pfohl Councilmen Attest: Leo F. Frommelt City Clerk Session Feb. Adjourned Regular 'uary 10, 1964. Councilman Kean moved the adoption of the resolution. Second- ~d by Councilman Takos. Carried by the following vote: 7:30 P.M. C.S.T. Present ~ Mayor Horgan, Coun- cilmen Kean, Ludwig, pfohl, Takos. City Manager Gilbert D. Chave- nelle. Council- Takos. I Dubuque, Iowa February 6, 1964 To the Honorable Mayor and City Council of Dubuque: On August 29, 1963 the Dock Commission entered into an agree- ment with a private firm for cer- tain work to be done for the City of Dubuque. The cost of this work as agreed upon by both parties . Yeas - Mayor Horgan, men Kean, Ludwig, Pfohl, Nays-None. Mayor Horgan presented a cerA tificate of commendation to Patrol- man James Corbett from the Na. tional Police Officers Association of America, for having distin. guished himself through an act of service. Patrolman Corbett saved the life of a sixteen month old child by removing a large piece of phlegm from the cbild's throat prior to the time the child was to be taken to a hospital. Patrolman Corbett accepted the award with a deep feeling of emotion and grati- fication. Communication of Iowa Engi- neering Society Health & Safety Committee relative to accidents caused by floors collapsing from overloads and requesting that the building inspector make a survey of all buildings in the City used for storage, presented and read. Councilman Takos moved that the communication be referred to the City Manager and Building Com. missioner for investigation and re- port. Seconded by Mayor Horgan. Carried by the following vote: Yeas - Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays-None. Communication of Robert Ken- line submitting his resignation from the Dubuque Library Board, presented and read. Councilman Takos moved that the resignation be accepted with regret and that a letter of thanks be sent to Mr. Kcnline and further that the com. munication also be referred to the CounciL Seconded by Councilman Pfohl. Carried hy the following vote: Council Takos. Mayor Horgan read the call and stated that service thereof had been duly made and this meeting is an adjourned Regular Meeting of February 3, 1964, for the pur- pose of acting upon such business as may properly come before the meeting. Mr. R. D. Waller, a former mem- ber of the Planning & Zoning Com- mission was presented with a pic- ture of Julien Dubuque's Grave by Mayor Horgan in appreciation of his many years of fine service to tbe City. Mr. Waller aCknowledged the gift with deep appreciation. RESOLUTION NO. 13-64 WHEREAS, the City Couucil of the City of Dubuque appointed Mr. R. D. Waller to the Planning and Zoning Commission on March 10, 1930; and WHEREAS, Mr. Dewey Waller has faithfully served the interest of all citizens of Dubuque for the past thirty-four years; and WHEREAS, the City Council and the Citizens of Dubuque are indeed grateful to Mr. Waller for his ex- cellent record of community ser- vice NOW, THEREFORE, Be It Re. solved by tbe City Council of the City of Dubuque, Iowa, that this Resolution be adopted and made a matter of record and that a copy of said Resolution be sent to Mr. R. D. Waller in appreciation of his many years of service to his com. munity. Session, February 10, CITY COUNCIL OFFICIAL Adjourned Regular 18 at met Council WHEREAS, he has made a sub- stantial contribution to the orderly growth and development of the City of Dubuque; and 21 Councilman Kean moved that the recommendation be approved. Seconded by Mayor Horgan. Car. ried by the fallowing vote: Yeas - Mayor Horgan, Council men Kean, LUdwig, Pfohl, Takos. Nays-None. January 14, 1964 & City Council Re: Application for Annexation (John Duggan HOD. Mayor 1964 I Gentlemen: At the meeting of the City Coun- cil, January 6, 1964, on Application for Annexation to the City of Du. buque of approximately 42.78 acres was filed by John Duggan, Trustee under the "Regina Duggan Trust." Said application for annexation was approved and a resolution an- nexing said territory being Reso- lution No. 5-64 was adopted, all subject to the approval of the City Solicitor for bis examination as to the powers of such trustee to exe- cute an annexation application. 1 have examined Trust Agree- ment dated May 25, 1959 between Regina Duggan as settlor and John Duggan as trustee which Trust Agreement was filed on May 26, 1959 in Book 235, Page 546 to 551 of Dubuque County Records. From an examination of such records it is my opinion that said trustee was legally empowered to execute said application for an- nexation. and therefore said appli~ cation for annexation and Resolu- tion No. 5-64 annexing said terri. tory to the City of Dubuque, Iowa is hereby approved. Respectfully submitted, R. N. Russo City Solicitor Councilman Kean moved that the communication be received and made a matter of record. Seconded by Councilman Takas. Carried by the following vote: Yeas - Mayor Horgan, Council. men Kean, Ludwig, Pfohl, Takos. Nays-None. January 15. 1964 Hon. Mayor & City Council Re: Dorothy C. Brown, plaintiff de. vs. City of Dubuque, fendants. Gentlemen: On JUly 6, 1960 notice of claim was filed by Dorothy C. Brown against the City of DUbuque claim. ing damages as a result of a fall al et February To the Honorable Mayor and City Council, Gentlemen: This is to advise that I have ap- proved the following policies and desire to have your approval on same for filing, SUbject to the ap- proval of the City Solicitor: EXCAVATION H. M_ Steger and F. T_ Steger, d/b/a Steger Construction Co., Policy No. LZ 33140, The Fidel: ity and Casualty Co. G. L. McCarten, d/b/a McCarten Plumbing & Heating, Policy No_ CGB 5404519, American Surety Co. George Saffran, d/b/a Saffran Con. struction Co., Policy No. CL 872032, Bituminous Casualty Corp. Respectfully submitted, Gilbert D. Chavenelle, City Manager Mayor Horgan moved that filing of the poliCies be approved sub- ject to the approval of the City Solicitor. Seconded by Councilman Takos. Carried by the following vote: Yeas - Mayor Horgan, men Kean, Ludwig, pfohl, Nays-None. ~ 10, 1964 Session, February Takos moved that the proof of pub. lication 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. 10, 1964 January 20, To the Honorable Mayor and City Council Gentlemen: On January 15, 1963 the Plan- ning and Zoning Commission con- sidered the request of H. Theresa Hubert of 2577 Greeley St. to va. cate Ruth Street_ The City Engineer has advised this Commission that the vacation of Ruth Street would deny access to other abutting properties, and that Ruth Street is the entrance to a large parcel of property. Based on these considerations, the Planning and Zoning Commis. sian recommends that the petition to vacate Ruth Street be denied. Respectfully submitted, Dubuque Planning and Zon- ing Commission By F. J. Glab, Secretary Council Takos. Adjourned Regular f Session, February Yeas - Mayor Horgan, Counci men Kean, Ludwig, Pfohl, Takas. Nays-None. To the Honorable Mayor and City Council Gentlemen: Some time ago you referred to the city manager the petition of Hillcrest Builders, Inc., regarding the installation of the storm sewer necessary for Block 22 Key Knolls Subdivision. Although the requested drain bas not been constructed yet, Engineer White informs me that the neces- sary arrangements to solve the problem will be included in the 1964. Street Program. I am attaching, in explanation. Engineer White's letter dated Jan- uary 23rd. Respectfully submitted, Gilbert D. Chavenelle City Manager Mayor Horgan moved that the communication be received. and filed. Seconded by Councilman Pfohl. Carried by the following vote: Yeas - Mayor Horgan, Council men Kean, Ludwig, Pfohl, Takos. Nays-None. January 31, 1964 To the Honorable Mayor and City Council Gentlemen: 1 herewith submit reports of the City Auditor, City Treasurer, City Health Department and City Water Works for the month of December, 1963, as well as a list of claims and payrolls for which warrants were issued for the month of De- cember,' 1963. 1 also submit the annual report of the City Auditor for the fiscal year beginning January I, 1963 and ending December 31, 1963. Respectfully submitted, Gilbert D. Chavenelle City Manager Councilman Takas moved that the reports be received and filed_ Seconded by Councilman Kean. Carried by the following vote: Yeas - Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays-None. Proof of Publication, certified to by tbe Publisher, of Statement of receipts and a list of claims for which warrants were issued dur- ing the month of December 1963, presented and read. Councilman aground. They were assured at that time that the obstruction caus. ing the grounding would be reo moved. Nothing was ever done about it. Last fall Mr. Burbach's company made an agreement with the Dock Commission to remove the obstruction in the harbor area. No contract was signed. It was an open end agreement, and it was done as a favor to the Dock Com- mission. 10, 1964 January 27, 1964 Adjourned Regular 20 Councilman Takos moved that the resignation of John J. Hank Waltz be accepted and the matter of dispute over the bill submitted by Mr_ Burbach be referred to the City Solicitor for investigation and report. Seconded by Mayor Horgan. Carried by the following vote: Yeas - Mayor Horgan, Council- men Kean, Ludwig, Takos. Nays-Councilman pfohl. Printed Council proceedings were presented for approval for the months of September, October, November 1963. Mayor Horgan moved that the Council proceed- ings for the months of September, October and November 1963 be ap. proved as printed. Seconded by Councilman Takos. Carried by the following vote: Yeas - Mayor Horgan, men Kean, Ludwig, Pfohl, Nays-None. Communication of Dubuque Fed- eration of Labor submitting the name of Vincent J. Kaiser for mem- bership on the Dock Commission, presented and read. Councilman Kean moved that the communica- tion be referred to the Council. Seconded by Councilman Pfohl. Carried by the following vote: Yeas - Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays-None. Communication of Mr. and Mrs. Otto Donath relative to Otto's dis- missal from city employment ex. pecting <!amages from the city for time lost also claiming rental due for allowing water drainage over their property, presented and read. Otto Donatb addressed the Coun. cil in support of his petition but was again reminded that all the above has become a legal matter. Mayor Horgan moved that the com- munication be received and filed. Seconded by Councilman Takos. Carried by the following vote: Council Takos. ~I I 23 notice of claim be referred to the City Solicitor for investigation and report. Seconded by Councilman Kean. Carried by the following vote: Yeas - Mayor Horgan, Council men Kean, Ludwig, pfohl, Takas. Nays-None. Notice of claim of Hazel A. Schwartz, in the amount of $31.07, for personal injuries received in a fall on an icy crosswalk at 10th & Locust St. on January 10, 1964, presented and read. Councilman Takas moved that the notice of claim be referred to the City So- licitor for investigation and report. Seconded by Councilman Kean. Carried by the following vote: Yeas - Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takas. Nays-None. Notice of claim of L. F. Kessler of 210 James Street, in the amount of $162.00, for expenSe incurred as the result of a sewer back up at his home on January 10, 1964, presented and react. Councilman Takas moved that the notice of daim be referred to the City So- licitor for investigation and re- port. Seconded by Councilman Kean. Carried by the following vote: Yeas - Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays-None. Notice of suit of Agnes J. Scherrer, in the amount of $5000 for personal injuries received in a fall on an icy sidewalk at 661 Main street on December 2, 1963, presented and read. Councilman Takas moved that the notice of suit be referred to the City Solici- tor for investigation and report. Seconded by Councilman Kean Carried by the follOwing vote: Yeas - Mayor Horgan, council- men Kean, Ludwig, Pfohl, Takas. Nays-None. Notice of claim of Mrs. Lillian VanNatta in the amount of $15.00. for expense incurred as the result of a personal injury received in a fall on a defective sidewalk in front of Mercy Hospital, presented and read. Councilman Takas moved that the notice of claim be reo ferred to the City Solicitor for in- vestigation and report. Seconded by Councilman Kean. Carried by the following vote: Yeas - Mayor Horgan, Council. Adjourned Regular Session, February 10, 1964 1964 February 7, Hon. Mayor & City Council Re: Mrs. Genevieve Blackmon Gentlemen: On March 4, 1963 Mrs. Genevieve Blackmon, 2220 West Third 51., Dubuque, Iowa, filed claim for damages in an undetermined amount resulting of a baCking of sewer into her premises on Febru~ ary 19, 1963. I have made an investigation of this matter and find no actionable negligence on the part of City of Dubuque and therefore recommend denial of said claim. Original claim is attached here- to. Councilman Takos moved that the recommendation of the City Attorney be approved. Seconded by Councilman Kean. Carried by the following vote: Yeas - Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays-None. Notice of claim of Evelyn B. Hcaley, in the amount of $35.75, for personal injuries received in a fall on a defective sidewalk at 1613 N. Grandview Ave., on No- vember 14, 1963, presented and read. Councilman Takas moved that the notice of claim be referred to the City solicitor for investi- gation and report. Seconded by Councilman Kean. Carried by the following vote: Yeas - Mayor Horgan, Council. men Keau, Ludwig, pfohl, Takos. Nays-None. Notice of claim of Mrs. Eldon F. Reiter, in an unspecified amount, for personal injuries received in a fall on a defective sidewalk at 301 E. 22nd Street on December 29, 1963, presented and read. Council. man Takas moved that the notice of claim be referred to the City So. licitor for investigation and report. Seconded by Councilman Kean. Carried by the following vote: Yeas - Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takas. Nays-None. Notice of claim of :Bernice Hus- ton, in an unspecified amount, for personal injuries received in a fall on an icy sidewalk on the north side of 12th Street on December 26, 1963, presented and read. Councilman Takas moved that the Respectfully submitted R. N. Russo City Attorney I 1964 duly executed re- Respectfully R. N. Russo City Attorney Councilman Takas moved that the recommendation of the City At. torney be approved and the Audi- tor instructed to issue proper war- rant. Seconded by Mayor Horgan. Carried by the following vote: Yeas - Mayor Horgan, Counc men Kean, Ludwig, Pfohl, Takas. Nays-None. January 31, & City Council Re: Mary L. Whyte 1020 Kirkwood Dubuque, Iowa Gentlemen: On May 2, 1962, Mary L. Whyte of 1020 Kirkwood, Dubuque, Iowa, filed claim against the City of Du- buque in the amount of $5,000.00 claiming personal injury as a result of a fall on a pUblic walk at 998 Kirkwood by reason of an accumu. lation of ice and snow thereat. It is the recommendation of the City Attorney that said offer of settlement be accepted in the amount of $900.00 and the City Auditor be instructed to draw a warrant payable to Mary L. Whyte in the amount of $900.00 and trans~ mit same to the City Attorney for delivery to claimant upon receipt of duly executed release. The said claimant suffered a fractured right wrist. Original claim is attached here- to. Councilman Kean moved that the recommendation of the City At- torney be approved and the Audi. tor instructed to issue proper war- rant. Seconded by Councilman Ta- koso Carried by the following vote: Yeas - Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays-None. 1964 I have made an investigation of this matter and conferred with the claimant's attorney who has made an offer of settlement in the amount of $900.00. Respectfully submitted, R. N. Russo City Attorney attached here- submitted, is 10, of Original claim to. Hon. Mayor February upon receipt lease. Adjourned Regular Session, 1964 Howes Gentlemen: On Marcb 2, 1962, Ann Howes of 1012 Rhomberg Avenue, Dubuque, Iowa, filed claim against the City for damages as a result of a fall on February 19, 1962 at or near 525 Rhomberg A venue, as a result of a defective condition on the pub- lic walk by reason of ice thereon. I have made an investigation of this matter and find that claimant suffered a fracture to the right ankle and I have conferred with her attorney, Mr. Karl Kenline, who has made an offer of sett1e~ ment in the amount of $425.00. It is the recommendation of the City Attorney that said offer of settlement be accepted and that the City Auditor he instructed to draw a warrant payable to Ann Howes and Robert Howes, her hus- band, in the amount of $425.00 and to transmit the same to the City Attorney for delivery to claimant On April 5, 1962 notice of suit was served on the City of Dubuque and other defendants joined with the City of Dubuque wherein Dor- othy C. Brown claimed damages of tbe amount of $15,000.00. That on the 13th day of January 1964, Dorotby C. Brown filed a dis. missal with prejudice in the above entitled cause thereby dismissing her action against the City of Du- buque and the other' defendauts at no cost to the City of Dubuque. .... Notice of claim and original no. tice with petition attached in Law No. 37073 in the District Court of Iowa, in and for Dubuque County, Dorothy C. Brown, plaintiff, vs. City of Dubuque, et ai, defendants, is attached hereto. Respectfully submitted, R. N. Russo City Attorney Councilman Takos moved that the communication and recommen. dation be approved. Seconded by Councilman Pfohl. Carried by the following vote: Yeas - Mayor Horgan, Council men Kean, Ludwig, Pfohl, Takas. Nays-None. on a public sidewalk on or about May 24, 1960, at or near 36 Locust St., Dubuque, Iowa. January 14, & City Council Re: Ann Hon. Mayor 22 I 25 read. Councilman Takas moved that the petition be granted and the Auditor instructed to issue proper warrant. Seconded by Councilman Kean. Carried by the following vote: RESOLUTION NO. 14-64 WHEREAS, at the regular munici- pal election held in the City of Dubuque, Iowa, on November 5, 1963, there was submitted to the qualified electors of the City of Dubuque, to be voted upon by them, the proposition of whether Daylight Saving Time should be observed annually in the City of Dubuque during the year 1964 and the year 1965; and WHEREAS, the qualified electors of the City of DubuqUe favored such a proposition by a margin of over two to one; NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: SECTION I-That the official busi- ness of the City of Dubuque shall be conducted on Daylight Saving Time of one hour per day from the 7th day of June, 1964, to the 6th day of September, 1964, be. ginning with the 7tb day of June, 1964, 2:00 A_M_ and ending Sep- tember 6. 1964 at 2:00 A.M. SECTION 2-Tbat the mayor is hereby authorized and directed to invite the Citizens of the City of Dubuque and its environs to observe Daylight Saving Time during the above period. Passed, adopted and approved tbls 10th day of February, 1964. Robert J. Horgan Mayor Richard LUdwig Peter J. Takos James J. Kean Eldon A_ Pfohl Councilmen Yeas-Mayor Horgan, Council men Kean, Ludwig, Pfohl, Takos Nays-None. Yeas--Mayor Horgan, Council~ men Keanj Ludwig, Pfohl. Takas. Nays--None. Petition of Bernice Platt reo questing a refund of $25.00, on the unexpired portion of cigarette License No. 278, presented and read. Councilman Takos moved that the refund be granted and the Auditor instructed to issue proper warrant. Seconded by Coun. cilman Kean. Carried by the follow. ing vote: Yeas-Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays-None. Petition of John Henry request- ing a refund of $25.00 on the un. expired portion of cigarette license No. 72, presented and read. Coun- cilman Takas moVed that the re- fund be granted and the Auditor instructed to issue proper warrant. Attest: Seconded by Councilman Kean. Leo F. Frommelt Carried by the following vote: City Clerk Yeas-Mayor Horgan, Council- Councilman Takas moved the men Kean. Ludwig. Pfohl, TakQs. adoption of the resolution. Second- Nays-None. ed by Councilman Kean. Carried Petition of Mrs. Louis Anthoine by the follOWing vote: requesting a refund of $25.00 on Yeas-Mayor Horgan, Council the unexpired portion of cigarette men Keao. Ludwig, Pfohl, Takas license No. 115, presented and NaYs-None. ~ 10, 1964 Session, February read. Councilman Takos moved that the petition be referred to the Mayor and City Manager. Seconded by Councilman Pfobl. Carried by tbe following vote: Yeas--Mayor Horgan, Council- men Kaanl Ludwig. Pfohl, Takos. Nay.......None. Petition of Bernice E. Kress, re- questing a refund of $25.00 On the unexpired portion of cigarette license No. 224, presented and read. Councilman Takos moved that the refund be granted aud the Auditor instructed to issue proper warrant. Seconded by Coun. cilman Kean. Carried by the fol. lOWing vote: Yeas--Mayor Horgan, Council- men Kean, LudWig, Pfobl, Takos. Nay.......None. Petition of Bernice Platt re- questing a refund of $100.00, on the unexpired portion of Class "B" beer permit No. 102, presented and read. Councilman Takos moved that the refund be granted and the Auditor instructed to issue proper warrant. Seconded by Councilman Kean. Carried by tbe following vote: Adjourned Regular 10, 1964 Yeas - Mayor Horgan, Council- men Kean, LUdwig, Pfohl, Takos. Nays-None. Petition of Dubuque Packing Co. requesting renewal of a restricted plumber's license for Archie T. Kuehn, superintendent in charge of maintenance at their plant, pre. sented and read. Councilman Kean moved that the petition be reo ferred to the Plumbing Board. Sec. onded by Councilman Takos. Car- ried by the following vote: Yeas - Mayor Horgan, Council- men Kean, Ludwig. Piohl, Takas. Nays-None. Petition of Westchester Inc. re- questing a zoning classification of Lot 1 of Block 4 in Westchester Sub. to a multiple Family area, pre- sented and read. Councilman Takos moved that the petition be re- ferred to the Planning & Zoning Commission. Seconded by Council- man Kean. Carried by the follow- ing vote: Yeas - Mayor Horgan, Council- men Kean, Ludwig, pfohl, Takas. Nays-None. Petition of Leo L. Hartmann re- questing the erection of a street light at the corner of Ventura Drive & Pleasant View, presented and read. Mayor Horgan moved that the petition be referred to the City Manager and Electrical Inspector for investigation and re- port. Seconded by Councilman Takos. Carried by the following vote: Yeas-Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays-None. Petition of Albert Burrows et al protesting against the condition of the Jacobson junk yard in the 1200 block on Elm Street, presented and read. Councilman Pfohl made men. tion of the junk like appearance on parts of Valley Street which has been brought to his attention. Councilman Takas moved that both the written and verbal petition be referred to the City Manager and Building Commissioner for investi- gation and report. Seconded by Mayor Horgan. Carried by the fol- lowing vote: Yeas-Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays-None. Petition of General Fitzhugh Lee Auxiliary #1 V.S.W.V. requesting permission to hold a Carnation Day on April 25, 1964, presented and Adjourned Regular Session, February Takos. ORDINANCE NO. 2-64 An Ordinlnce Amending the budget 8S 8pproved by Resolution No. 146-63 .nd Ordln.nee No. 1-64, presented and read. Councilman Takas moved that the reading just had be considered the first reading of the Ordinance. Seconded by Mayor Horgan. Car. ried by the following vote: Yeas - Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays-None. Councilman Takas moved that the rule requiring reading of the Ordinance on three separate days be waived. Seconded by Council- man Ludwig. Carried by the follow- ing vote: Yeas - Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays-None. Councilman Takos moved that a public hearing be held on the Ordinance on March 2, 1964, at 7:30 o'clock P.M. in the Council Chamber at the City Hall and tbat the City Clerk be instructed to publish notice of the hearing in the manner required by law. Sec- onded by Councilman Ludwig. Carried by the following vote: Yeas - Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. N ay.......N one_ Petition for suspension of taxes on account of old age submitted by the County Auditor in the case of George H. Brandt on the S'h of Lot 162 in East Dubuque Addn. presented and read. Councilman Takos moved that the petition be granted and the Clerk instructed to notify the County Auditor. Sec. onded by Councilman Kean. Car- ried by the following vote: Yeas - Mayor Horgan, Council- men Kean, Ludwig, PfoW, Takos. Nays-None. Petition of Mrs. A. C. Bassler of 6531,2 Chestnut St. requesting the erection of a street light at the cor- ner of Chestnut & Walnut Streets and also to inform the property owners on Rose street as to the poor condition of their sidewalks, presented and read. Councilman Kean moved that the petition he referred to the City Manager, En- gineering Department and Side- walk Inspector. Seconded by Coun. cilman Takos. Carried by the fol. lowing vote: men Kean, Ludwig, pfohl Nays-None. 24 I 27 Yeas-Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takas. Nays-None. The following sealed bids were received for the purchase of Lot 1 of Lot 9 of part of McCraneys 1st Addition: Mrs. Monica Reilly $1505.00 - certified check enclosed $150.50. Giese Sheet Metal Co. $1017.00- certified check enclosed $101.70. Irvin A. Oetb $515.00----<:ertified check enclosed $51.50. Councilman Takas moved that the bid of Mrs. Monica Reilly in the amount of $1505.00 be accepicd for the purcbase of Lot 1 of Lot 9 of part of McCraneys 1st Addition in the City of Dubuque, Iowa and that tbe certified checks be reo turned to the unsuccessful bidder". Seconded by Mayor Horgan. Car- ried by the following vote: Yeas-Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takas. Nays-None. RESOLUTION NO. 16-<\4 WHEREAS, pursuant to resolu- tion and notice the City Council of the City of Dubuque met on the IOtb day of February 1964, same being the adjourned regular meet- ing of February 3, 1964, in the City Council Chamber in the City Hall to consider the proposal to dispose of the hereinafter described real estate, at which hearing alI inter. ested parties were afforded an op- portunity to be heard for or against such proposal; and WHEREAS, pursuant to publish- ed notice in the Telegraph-Herald on January 13th and 20th, 1964, sealed bids for the purchase of said property were received up to 4 o'clock P.M. on February 3, 1964, and were at said time and place presented to the City Council and opened and the highest sealed bid was determined to be that of Mrs. Monica Reilly in the amount of $1505.00 and it was thereupon determined that the bid of Mrs. Monica Reilly in the amount of $1505.00 was the best bid and should be accepted by the City. NOW THEREFORE BE IT RE. SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That tbe bid of Mrs. Monica Reilly in the amount of $1505.00 for the purchase of Lot 1 of Lot 9 of part of McCraney's 1st Addition, in 10, 1964 Session, February Attest: Leo F. Frommelt City Clerk Councilman Takos moved the adoption of the resolution. Second- ed by Councilman Kean. Carried by the following vote: Yeas-Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays-None. Proof of Publication, certified to by the Publisher, of notice of public hearing to consider proposal to dispose of Lot 1 of Lot 9 of part of McCraneys 1st Addition in the City of Dubuque, Iowa, present- ed and read. No written objections were filed and no objectors were presen~ in the Council Chamber at the time of the publiC hearing. Mayor Hor- gan moved that the proof of pub. lication be received and filed. Sec- onded by Councilman Takos. Car. ried by the following vote: Passed, adopted and approved the 10th day of February, 1964. Robert J. Horgan Mayor Richard Ludwig Peter J. Takos James J. Kean Eldon A. Pfohl Councilmen 6, Block 7, Lots 1 to 18 inclu. sive Block 8, Lots 2 to 9 in- clusive Block 9, Lots 23 and 24, Block 10, Lots 15 and 16 Block 11, Lots 21 to 26 inclusive Block 12, and that portion of Key Way, Woodland Drive, South Way, Delmonaco Drive and Foothill Road abutting said lots and within the limits described as follows: Beginning at the S W Corner of Lot 1 Block 5 and running West to the S W Corner of Lot 9 Block 9; thence North to the S W Corner of Lot 1 Block 9; thence East to the SECor. ner of Lot 1 Block 9j thence North to N E Corner of Lot 1 Block 9, thence to S W Corner of Lot 24 Block 10; tbence along the North lines of Lot 23 Block 10, Lot 15 and 16 Block 11, Lots 21, 22, 23, 24, 25 and 26 Block 12; thence East to the East line of Wood. land Drive; thence South along the East line of Woodlawn Drive to the S W Corner of Lot 1 Block 5. Adjourned Regular 10, 1964 annexation of a portion of "West- chester" and more particularly Lot 9 Block 8 and Block 7 "Westchest. er" which has been contracted for purchase, presented and read. Councilman Takos moved that the request be granted. Seconded by Councilmen Kean. Carried by the following vote. Yeas-Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays-None. RESOLUTION NO. 15-64 Whereas, the owners of West- chester, a subdivision partially within the city limits and in the North East One-Quarter of Section 21 Township 89 North Range 2 East of the 5th Principal Meridian has petitioned for annexation o! an additional portion of the sub- division to the City of Dubuque, Iowa and Whereas, the said territory is being substantially built up and; Whereas, the inhabitants of said territory will be enabled to secure the benefits of city government in the way of police and fire pro- tection if said territory is incorpor- ated within the city limits of the City of Dubuque, Iowa; and Whereas, the inhabitants of said territory will be enabled to secure water, sewer and other municipal services if said territory is incorp- orated within the city limits of the City of Dubuque, Iowa; and Whereas, Section 362.30, Code of Iowa 1958, authorize the extension of city limits in situations of this character by the adoption of a resolution thereforej and Whereas, the future growth, de- velopment, and preservation of the public health of the City of Du- buque, Iowa, makes it imperative tbat said territory be made a part of the City of Dubuque, Iowaj and Whereas, it is necessary to pro- vide for the orderly and systematic growth and development of the ter- ritory adjoining the City of Du- buque, Iowa; Now Therefore, Be It Resolved by tbe City Council of the City of Dubuque, Iowa, that the territorial limits of the City of Dubuque, Iowa, be and they are hereby ex- tended Westerly from the West boundary of Blocks 3, 4 and 5 West. chester, by annexing to the City of Dubuque, Iowa, the territory de- scribed as follows: Lots 1 to 11 inclusive of Block Session, February April 26, 1963 Honorable Mayor and City Council City of Dubuque Gentlemen: The undersigned owner of West- chester, a subdivision abutting the City of Dubuque and located in the North East One Quarter of Section 21 Township 89 North Range 2 East of the 5th Principal Meridian, hereby petitions your honorable body to annex the following de- scribed portion of Westchester to the City of Dubuque, Iowa: Lots 1 to 11 inclusive of Block 6, Block 7, Lots 1 to 18 inclu- sive Block 8, Lots 2 to 9 in. elusive Block 9, Lots 23 and 24 Block 10, Lots 15 and 16 Block 11, Lots 21 to 26 inclusive Block 12, and that portion of Key Way, Woodland Drive, South Way, Delmonaco Drive and Foothill Road abutting said lots and within the limits described as follows: Beginning at the S W Corner of Lot 1 Block 5 and running West to the S W Corner of Lot 9 Block 9; thence North to the S W Corner of Lot 1 Block 9; thence East to the S E Corner of Lot 1 Block 9; thence North to N E Corner of Lot 1 Block 9; thence to S W Corner of Lot 24 Block 10; thence along the North lines of Lot 23 Block 10, Lot 15 and 16 Block 11, Lots 21, 22, 23, 24, 25 and 26 Block 12; thence East to the East line of Woodland Dr i v e; thence South along the East line of Woodland Drive to the S W Corner of Lot 1 Block 5. Plans are under preparation for the construction of a sewer and water mains and laterals and street paving all in accordance with City of Dubuque specifications. Respectfully submitted, WESTCHESTER, INC. Homer Butt-President Councilman Takas moved that the petition be granted. Seconded by Councilman Pfohl. Carried by the following vote: Yeas-Mayor Horgan, Council- men Kean, Ludwig, pfohl, Takos. Nays-None. Petition of Dubuque Community School district joining in the peti- tion with Westchester Inc. for the Adjourned Regular 26 29 Yeas - Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays-None. (A ll_luth'n Acceptin. pr()vement) RESOLUTION NO. 19064 WlIEREAS, the contract for the CO!lStruction of an eighty.four inch (84") R.C.C.P. Storm Sewer from the existing eighty.four inch storm sewer in Lot 6 of Block 23 of Clov. cr HilIs Addition to a point ap- proximately one hundred feet ell$t. erly, has been completed and the City Manager has examined the work and filed his certificate stat. ing that the same has been CPln. pleted according to the terw of the contract, plans al1d specifica. tions and recommendll its accwt. ance, now therefore, BE IT RESOLVED, by the City Council of the City of Dubuque, that the recommendation of the City Manager he approved and that said improvement be and the same is hereby accepted. BE IT FURTHER RESOLVED, that the City Treasurer be and he is hereby qirected to pay to the contractor from the Kaufmapn Avenue Storm Sewer Bond Issue in amount equal to the amQunt of his contract. less any retained pereent- age provided for therein. Passed, adopted and approved tbis 10th day of February, 1964. Robert J. fIorga" M",or Richard :J.\ldwig Peter J. Ta~os Eldon A. Pfohl James J. Kean Councilmen 1m- the Scc- Car. Session, February 10, 1964 1964 Attest: Leo F. Frommelt City Clerk Councilman Kean moved adoption Qf the resoluti(Jl). onded by Councilman T.~Ol!. ried by the following vote: Yeas ~ lolayor Horgan, Counci men Kean, LUdwig, Pfohl, Takos. Nay......None. R~SOLUTION NO. 20-64 Approval of Prelnmnal'Y EJti. mate, proposed plans and sPecifi. cations, form of contract, plat and all other documents, and ordered filed for public inspection, for the extension of the twelve inch Cat. fjsh Creek Sanitary Sewer from the existing sanitary sewer in Pennsylvania Avenue nQrthwester- Adjourned Regular 10, February To the Honorable Mayor and City Council Gentlemen: The eighty-four inch (84") storm seWer in Clover Hills Addition has been completed in accordance with plans and specifications by Fon- dell & Sons, Inc. of Dubuque, Iowa. I recommend the acceptance of the improvement. Very truly yours, Gilbert D. Chavenelle City Manager Councilman Kean moved that the recommendation be approved. Seconded by Councilman Takos. Carried hy the fOllowing vote: Yeas - Mayor Horgan, CoqnciJ. men Kean, Ludwig, Pfohl, Takos Nays-None. FINAL ESTIMATE RESOLUTION NO. 18-64 W$REAS, tbe contract for the construction of an eight-four (84") R.C.C.P. Storm Sewer from the ex- isting eighty-four inch storm sewer in Lot 6 of Block 23 of Clover Hills Addition to a point approximately one hundred feet has been com- pieted and the City Engineer has submitted his final estimate show- ing the cost thereof including the cost of estimates, notiCeS, inspec- tion, and preparing the assessment and plat, now tber~fpre, BE IT RESOLVED, by tbe City Council of the City of Dubuque, That the cost of said improve~ ment is hereby determined to be $5,035.55. That none of the cost thereof shall be assessable upon private property and $5,035.55 shall be paid from the Kaufmann Avenue Storm Sewer Bond Issue of the City of Dubuque. Passed, adopted and approved this 10th day of Febrllary 1964. Robert J. Horgan Mayor Richard Ludwig Poter J. Takos Eldon A. Pfohl James J. Kean Couneilmen Attest: Leo F. Frommelt City Clerk Councilman Kean moved the adoption of the resolution. Second- ed by Councilman Takas. Carried by the fOllowing vote: Council. Tak.... P.M., same being an adjourned meeting of February 3, 1964, in the City Council Chsmber in the City Hall, Dubuque, Iowa, to consider the proposal to dispose of certain real estatc at wbich l1earing all interested parties were afforded an opportunity to be l;1eard for or against such proposal to dispose of interest of City of Dubuque in and to the fol1owing described real estate: Lot 140A Finley's Addition In the City of Dubuque, Iowa, sub- ject to easements for public util~ ities; and WHEREAS, there being no writ. ten or oral objections to dispose of the interest of City of Dubuque in the above described real estate to Cary Launspach for the sum of $200.00. Now Therefore Be It Resolved by the City Council of Dubuque, Iowa: Section 1. That the disposal of the interest of City of Dubuque, Iowa in and to the following de- scribed real estate, to-wit: Lot 146A Finley's Addition in the City pf Dubuque, Iowa, subject to easements for public utilities, to CaPI Launspach for the sum of $200.00 be snd the same is here. by approved; Sectien 2. That the Mayor and City Clerll: are hareby authorized and empowered to execute the Quit Claim Deed of City of Du. buque, conveying to Carl Launs- pach all its rights, title and inter. est in and to the hereinabove de- scr~bed real estate and to deliver the same upon receipt of the pur- chase price of $200.00 plus the costs of publication. Passed, adopted and approved this 10th day of February, 1964. Robert J. Horgan Mayor Richard LUdwig Peter J. Takos Eldon A,. Pfohl James J. Kean CouncilmeB Attest: Leo F. Frommelt City Clerk CpunciiI!1an Kean moved approv- al of the resolution. Seeonded hy Councilman Takos. Carried by the following vote: Yeas - Mayor Horgan, men Keen, Ludwig, Pfohl Nays-None. the City of Dubuque, County, Iowa, is hereby accepted and the Mayor and the City Clerk are hereby authorized and empowered to exe~ cute the Quit Claim Deed of the City of Dubuque releasing and con~ veying to Mrs. Monica Reilly all of its right, title and interest in and to the above described real estate and to deliver the same to the said Mrs. Monica Reilly upon re- ceipt of $1505.00 in cash, plus pub. lication costs in the amount of $24.89. Section 2. That tbe City Clerk be and he is hereby authorized aftd directed to record a certified eopy of this Resolution in the of~ fiee of the County Recorder of Dubuque County, Iowa. Passed by recorded roll call vote and approved this 10th day of Feb. ruary, A.D., 1964. Robert J. Horgan Mayor Richard Ludwig Peter J. Takos James J. Kean Eldon A. Pfohl Councilmen 1004 Adjourned Regular Session, February 10, Dubuque 1 I II 28 Attest: Leo F. Frommelt City Clerk Mayor Horgan moved the adop- tion of the resplution. Seconded by CoUn~ilman Takos. Carried by Ihe follOWing vote: Yeps--Mayor Horgan, CounCIl- men Kean. Ludwig, Pfohl, Takos. Nays-None. Proof of Publication, certified to by the publisher, of uotice of pub. lie hearing to consider proposal to dispose of Lot 146A Finley's Addn. to Carl Launspach in the amount of $200.00, presented and read. No written objections were filed and no oral objectors were present in the Council Chamber at the time set for the public hear- ing. Mayor Horgau moved that the proof of publication be received and filed. Seconded by Councilman Ts~os. Carried by the following vote: Yeas - Mayor Horgan, Council- meJl Kean, Ludwig, Pfohl, Takos. Nays-None. RESOLUTION NO. 17-64 WHEREAS, pursuant to resolu- tion and published notice of time and place of hearing, City Council of Duhuque, Iowa, on the 10th day of February 1964, at 7:30 o'clock II 31 existing sanitary sewer in Penn- buque, Iowa, and Richard B. Wold sylvania Avenue northwesterly and Genevieve Wold, 2608 Broad. tbrough the E 300'.W 430' of Lot way Street, Dubuque, Iowa, for an 2 of Lot 2 of the SE%-SEl/.i: E 80'- easement in, over and across Lot 2 W 130'.W 430' of Lot 2 of Lot Z. of Lot 51 and Lot 1 of 52 of SE'I..SE'I.: W 751.5' Lot 1 of Lot 1 Burton's Addition in the City of of Lot 1 of the SE'!4.sE'!4: and Dubuque, Iowa; and Lot 1 of Lot 1 and Lot 2 of Lot 1 WHEREAS, the City Council has of the NE'I..NE'!4 to Station 22 + examined said petition and being 57.79, thence westerly through Lot fully advised in the premises finds 1 of Lot 1 of the NW'!4.sE'!4 to that easement should be granted the westerly property line of said to petitioners. Lot: All of the above described NOW THEREFORE BE IT RE- property is located in Section 21 T SOLVED BY THE CITY COUNCIL 89N, R 2E, 5th P.M. OF DUBUQUE, IOWA: BE IT THEREFORE RESOLVED Section I. That the Mayor and that on the 16th day of March, City Clerk be and tbey are hereby 1964, a public. hearing will be held authorized and directed to execute at 7:30 P.M. in the Council Cham- a grant of easement to Wayne R. ber of the City of Dubuque at McDonnell and Patricia L. McDon- which time tbe objectors for the nell, husband and wife; Violet T. proposed improvement may appear McDonnell; Richard B. Wold and and make objection to the pro- Genevieve Wold. husband and wife; posed plans and specifications and Glen E. McNamer and Martha Me- proposed form of contract, to the Namer. husband and wife; J. T. cost of the improvement and the Shanahan, Edwin & Agnes Frith, City Clerk be and he is hereby di. Eva Olds Schneider and Mettel rected to cause a notice of the time Realty & Investment Co., affecting and place of such hearing to be the following described real estate~ published in some newspaper Lot 1 of Lot 52 of Burton's published in the City of DUbuque Addition and Lot 2 of Lot 51 wbich shall be not less than ten of Burton's Addition in the (10) days prior to the day fixed City of Dubuque, Iowa, for its consideration, that the City and .to execute the instrument Clerk be and he is hereby directz.d granting such easement attached to have published the Notice of hereto. Pendency for said improvement, ~assed, adopted and the City Clerk is hereby di. tblS 10th day of rected to advertise for proposals 1964. for the construction of the Im- provement. and approved February A.D. Robert J. Horgan Mayor Richard Ludwig Peter J. T,akos Eldon A. Pfohl James J. Kean Councilmen Session. Attest: Leo F. Frommelt City Clerk Mayor Horgan moved the adop. tion of the resolution. Seconded by Councilman Kean. Carried by the following vote: Yeas-Mayor Horgan. Council- men Kean, Ludwig, Pfohl, Takas. Nays-None. GRANT OF EASEMENT KNOW ALL MEN BY THE PRE- SENTS: That City of Dubuque. Iowa, a Municipal Corporation, for and in consideration of ONE ($1.00) DOL- LAR and other good and valuable consideration, receipt whereof is herewith acknowledged, grants un- 10, 1964 February adopted and approved day of February, 1964. Robert J. Horgan Mayor Richard LUdWig Peter J. Takos Eldon A. Pfohl James J. Kean Councilmen Adjourned Regular Attest: Leo F. Frommelt City Clerk Councilman Kean moved the adoption of the resolution. Second- ed by Mayor Horgan. Carried by the following vote: Yeas-Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays-None. RESOLUTION NO. 23-64 WHEREAS, there being present- ed the application of petitioners in writing, being Mr. and Mrs. McDon- nell, 847 Kaufmann Avenue. Du- Passed, this 10th ! f ! , I , , t ! 10, 1964 1 of Lot 1 of the NW'I..SE'!4 to the westerly propertly line of said Lot: all of the above described property is located in Section 21 T 89 N, R 2E, 5th P.M. 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 con. sideration of this proposed resolu- tion have on file with the City Clerk objections to the amount of the cost of improvement, they shall be seemed 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 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 paid from the Sanitation Fund. The above resolution was intro- duced, approved and ordered placed on file with the City Clerk this 10th day of February, 1964. Approved and placed on file for final action. Approved: Robert J. Horgan Mayor Richard Ludwig Peter J. Takos Eldon A. Pfohl James J. Kean Councilmen Attest: Leo F. Frommelt City Clerk Councilman Kean moved the ap- proval of the resolution. Seconded by Councilman Takos. Carried by the following vote: Yeas - Mayor Horgan, men Kean, Ludwig, Pfohl, Nays-None. (Fixing Date of Hearing) RESOLUTION NO. 22-64 WHEREAS, the City Council of the City of Dubuque, Iowa has giv. en its preliminary approval on the proposed plans, specifications, and form of contract and placed same on file in the office of the City Clerk for public inspection for the extension of the twelve inch Cat. fish Creek Sanitary Sewer from the Council Takos. Adjourned Regular Session, February ly through the E. 300'.W430' Lot 2 of Lot 2 of SE'I..SE'I.: E. 80'. W.130'-W.430' Lot 2 of Lot 2r- SE'I..SE'I., W. 751.5' Lot 1 of Lot 1 of Lot 1 of the SE'I.-SE'I.; and Lot 1 of Lot 1 and Lot 2 of Lot 1 of the NE'I.-NE'!4 to Station 22+ 57.79, thence westerly through Lot 1 of Lot 1 of NW'!4.sE'I. to tbe westerly property line of said lot; all of the above descrihed prop. erty is located in Section 21 T. 89N. R. 2E, 5th P. M., at an esti. mated cost of $35,928.00, present. ed and read. Councilman Kean moved the approval of the resolu- tion. Seconded by Councilman Ta- ^ koso Carried by the following vote: Yeas - Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays-None. Communication of Hi lie res t Builders Inc. approving the gener- al location of the proposed Catfish Creek Sewer Extension and re- questing that the City will work with their engineering firm so that the location of the proposed sewer will tie in with Hillcrest Builders Inc. future development, presented and read. Councilman Takos moved that the communication be re- ceived and filed. Seconded by Councilman Horgan. Carried by the following vote: Yeas - Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays-None. (Necessity for Improvement) RESOLUTION NO. 21-64 WHEREAS, pro p 0 sed 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 tbe office of the City Clerk showing among other things the following: 1. The street to be improved. 2. The plan of such improve- ment. 3. An estimate of the cost of the proposed improvement. For the extension of the twelve inch Catfish Creek Sanitary Sewer from the existing sanitary sewer in Pennsylvania Avenue northwester- ly through the E300'.W430' Lot 2 of Lot 2 of the SE '!4-SE'!4: E80' WI30'.W430' Lot 2 of Lot 2-SE'I.. SE'!4: W751.~Lot 1 of Lot 1 of Lot 1 of the SE'!4.sE'I., and Lot 1 of Lot 1 and Lot 2 of Lot 1 of the NE '1..NE'I. to Station 22+ 57.79, thence westerly through Lot 30 33 Passed, adopted and approved this 10th day of February, 1964. Robert J. Horgan Kayor Richard Ludwig Peter J.Takos Eldon A. Pfohl James J. Kean Councilmen Attest: Leo F. Frommelt City Clerk Yeas - Mayor Horgan, Council men Kean, Ludwig, Pfohl. Takas, Nays-None. Mayor _ Horgan moved the adop- tion of the resolution. Seconded by Councilman Kean. earned by the following vote: RECESSED 9:10 P. M. COUNC~ RECONVENED 9:40 P. M. Mayor Horgan moved that Rob- ert G. Holscher be appointed to the Library Board to fill the unex- pired term of Robert Kenline to July 1, 1965_ Seconded by Council. man Kean. Carried by the follow. ing vote: Yeas - Mayor Horgan, Council men Kean, Ludwig, Pfohl, Takas Nays--None. COUNC~ Yeas - Mayor Horgan, Council- men Kean, LUdwig, Pfohl, Takos. Nays-None. Mayor Horgan moved that Vin- cent J. Kaiser be appointed to the Board of Dock Commissioners to fill the unexpired term of John J. Waltz to November 26, 1965. Seconded by Councilman Kean. Carried by the fOllowing vote: Yeas - Mayor Horgan, Council- men Kean, Ludwig, Takas. Nays-None. Councilman Pfohl not voting. Mr. Herb. Kiefer of Chestnut Sl- addressed the Council by stat- ing that there are three speed limits presently in existence on the East Dubuque bridge along with a number of confusing signs which may be contributing to the rash of accidents on the bridge. City Manager Chavenelle was in- structed to contact the Highway Commission to see if the situation could be corrected. There being no further business Mayor Horgan moved to adjourn. Seconded by Councilman Takos. RESOLUTION NO. 26-64 W HER E A S, applications for Beer Permits were filed by the within named applicants and they have received the approval of this Council; AND WHEREAS, the premises to be occupied by such applicants were inspected and found to comply with the ordinances of this City and they have filed proper bonds: NOW THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the Manager be and he is hereby directed to issue to the following named applicants a Beer Permit. Name Address CLASS "B" BEER PERMIT Fay Miller, 1298 Main Street Maurice H. Mellon, 1027 Rhomberg Avenue Rhom- 1415 Clarence J. Hagge, Jr_ berg Avenue I I I I' Jackson 431 1105 Jackson Street Central Ave. Guy Kenniker, 119 West 6th Street CLASS "C" BEER PERMIT John J. Heiderscheit, 1278 Central Avenue National Tea Company, 1313 Dodge Street The Great Atlantic & Pacific Tea Com pan y, Inc., 2685 Dodge Street BE IT FURTHER RESOLVED that the bonds filed by such ap- plicants be and the same are here- by approved. 10, 1964 Session, February Mayor Horgan moved the adop- tion of the resolution. Seconded by Councilman Kean. Carried by the following vote: Hillard, Jr. Adjourned Regular Attest: Leo F. Frommelt City Clerk 3203 William John Tindell, University Avenue Wright, 2600 Jones, Car 1 Nagelmaker, Street Joseph & Bernice Rhomberg Avenue Louis Delbert nue 3165 (City Seal) RESOLUTION NO. 24-64 BE IT RESOLVED by tbe City Council of the City of Dubuque, Iowa, that the following having complied with the provisions of law relating to the sale of Cigar- ettes within tbe City of DUbuque, Iowa, be granted to permit to sell Cigarettes witWn the City of Dubuque, Iowa, be granted a per- mit to sell Cigarettes and Cigar. ette Papers within said City. to Wayne R. McDonnell and Patric. ia L. McDonnell, husband and wife, Violet T. McDonnell; Richard B. Wold and Genevieve Wold, hus. band and wife; Glenn E. McNamer and Martha McNamer, husband and wile, J. T. Shanahan, Edwin & Agnes Frith, l!:va Olds Schneider and Mettel Realty & Investment Co.; their heirs, administrators and assigns a perpetual easement, right, privilege and authority to travel upon, over, and across the following described real estate, to- wit: Lot 1 of Lot 52 of Burton's Addition and Lot 2 of Lot 51 of Button's Addition in the City Of Dubuque, Iowa. 'the grant of easement herein shall be limited and restricted to the traveled way as delineated upon the attached plat shown in red, and said grant of easement shall be for the purpose of ingress to and egress from the property owned by the grantees herein. IN WITNESS WHEREOF, the grantor, CITY OF DUBUQUE, has cau8ed these presents to be signed by the Mayor and the Clerk of the City of Dubuque, Iowa, on this 10th day of February A.D. 1964_ CITY OF DUBUQUE, IOWA By Robert J _ Horgan Mayor By Leo F. Frommelt City Clerk 10, 1964 10th day of February, 1964. Robert J. Horgan Mayor Richard Ludwig Peter J. Takos Eldon A. Pfohl James J. Kean Councilmen Attest: Leo F. Frommelt City Clerk Mayor Horgan moved the adop- tion of the resolution. Seconded by Councilman Kean. Carried by the following vote: Yeas--Mayor Horgan, Council- men Kean, Ludwig, Pfohl, Takos. Nays------None. RESOLUTION NO. 25-64 W tI ERE A S, 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 Duhuque, Iowa, that tbe following applica- tion be granted and licenses be issued upon the compliance with the terms of the ordinance of the City. Name Address CLASS "B" BEER PERMIT Fay Miller, 1298 Main Street Maurice H. Mellon, 1027 Rhomberg Avenue Clarence J. Hagge, Jr., 1415 Rhom. berg Avenue Car 1 N agelmaker, 3203 Jackson Street J 0 s e p h & Bernice Hillard, 431 Rhomberg Avenue William Jobn Tindell, Jr., 1105 University Avenue Louis Wrigbt, 2600 Jackson Street Delbert Jones, 3165 Central Ave. nue Guy Kenniker, 119 West 6th Street CLASS "C" BEER PERMIT John J. lteiderscheit, 1278 Central Avenue National Tea Company, 1313 Dodge Street The Great Atlantic & Pacific Tea Com pan y, Inc., 2685 Dodge Street Passed, adopted and approved this 10th day Of February, 1964. Robert J. Horgan Mayor Ricbard Ludwig Peter J. Takos Eldon A. Pfohl James J. Kean Councilmen February Session, this approved NAME ADDRESS Jack It Miller, 1075 Dodge Street Delbert Edward Jones, 3165 Cen. tral Avenue Guy Kenniker, 119 West 6th Street BE rr FURTItER RESOLVED that the bonds filed with the appli. cations be approved. Passed, adopted and Adjourned Regular 32 Ii 34 Adjourned Regular Session, February 10, 1964 - Carried by the fOllowing vote: Yeas - Mayor Horgan, Council- men Kean, Ludwig, pfohl, Takos. Nay&-None. Leo F. Frommelt City Clerk Approved ....................................1964 Adopted .............................,........1964 .................... .................... Councilmen .................... .................... .................... Attest: .................... City Clerk