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