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1963 May Council Proceedings 1 I 128 taios a total of 231 parking spaces, 99 are privately owned and 132 are municipal and metered. As- suming a ramp is built with 450 spaces, the net gain of new spaces would be 263. Using the most conservative figures of building and site acquisition, these new spaces would cost $3800.00 each. Merely to change location of 72 of these spaces would cost $215,000. The cost of these present spaces when they were developed was approximate- ly $850 each. To relocate them to be more desirable would cost $3800. each, or four limes the cost of the present spaces. EX- AMPLE. If you take this figure $3800. per space and using 4% % for twenty years, it would take 100% occupancy eight hours a day for 300 days to just about break even at 15c per hOUf. When you add the administrative and maintenance costs, depreciation and an approximate ten thousand dollar loss caused by the cancel- lation and transplant of the 132 present meters, another five cents an hour can be added to the fif. teen cents. I have used one meter space to simplify the figuring You get the same answer if you use whole figures and then di- vide the spaces into the total fig- ure. Allowing, which I did, for the most favorable conditions, it ap- pears to me that we cannot justi- fiably and economically put a parking structure on site "B". To proceed on this site could well imperil the total parking system and its needs. In the Gruen traf. fie report, Harold Marks says ex- actly this same thing in another way. "Quote" In the development of the parking program it must be recognized that parking re- quirements are fluid. With the downtown parking program now underway many new developments may be anticipated and it is es- sential that flexibility be main- tained. At this stage, it might be undesirable to commit future revenues to a rigid program but it may be feasible to utilize avail- able funds for parking improve- ments and additions. "Unquote." Let me read a part of the Pre- liminary Downtown .....~_L:lng re- to l the we Session, May 6, 1963 reapprise of the man port thoughts Gilbert Nell Mayor Kean read the call and stated that service thereof had been duly made and this is the regular monthly meeting called for the purpose of acting upon such business as may properly come be_ fore the meeting. Whether I vote for a parking structure at the proposed location or at another location will be principally decided hy these fac. tors: 1) The final negotiations for land needed and 2) the economics of the structure relative to the parking system. I believe you will agree that my thinking on these points has been consistent from the beginning. Last Monday, we were given infonnation which en- abled us to better evaluate the situation. I have analyzed this da- ta with previOUS information in order to make some estimations. Unless there are factors which I have not included, it is more than doubtful that 1 could vote for a parking ramp at site "B". First, we must consider the fact that the ramp, since it is to be financed by the entire parking system, must be regarded as a part of that system. Therefore, we cannot discount the total system in our deliberations. In other words, I am simply stating that it would be improvident to build a ramp regardless of cost, treating it as a separate entity. Secondly an objective approach in building any ramp on any site should include both the net space gain as well as space desirability. There is no doubt in my mind as to the space desirability of site "B" but I find it hard to recon- cile the per space cost in regard to the total parking system. I am not referring to a building cost but rather a cost per space rela- tive to the total spaces of the system. EXAMPLE. The area which is under consideration con. eou OFFICIAL Regular Session, May 6, 1963. Council met at 7:30 P. M. C. S. T. Present-Mayor Kean, Council men Horgan, Schaller, Schreiber, Takos. - Absent--City Chavenelle. Regular Manager CITY Session, April 19,1963 963 ...1963 There being no further business Mayor Kean moved that the meet- ing adjourn. Seconded by Council- man Schreiher. Carried by the fol. lowing vote: Yeas--Mayor Kean, Councilmen Horgan, Schaller. Schreiber, Takas. Nays-None. LEO F. FROMMELT, City Clerk Attest: Special City Clerk 'f. Councilmen Approved Adopted 122 1 I 125 DEPARTMENT interested in pro- molion to the positions of CAP. TAIN and SERGEANT OR DE. TECTIVE. The following is a list of names of those who passed with an aver- age of seventy per cent or better. All promolions on the POllCE DEPARTMENT should be made from this list. CAPTAINS NONE. SERGEANT OR DETECTIVE Fangman, John L. 75% Vonah, William J. 74.50% Sutton, Paul R. 74% Koch, Merle P. 73.50% Lehman, Eugene J. 73.50% Horch, Navall T. 72% Massey, Robert R. 72% Heer, Carl M. 71 % Cigrand, Ralph R. 70.50% VanderMeulen, Carl W. 70.50% Golinvaux, Cletus J. 70% Respectfully submitted, LOUIS J. LAGEN Chairman A. G. WRIGHT GERARD B. NOONAN Members Civil Service Commission Attest: LEO F. FROMMELT Clerk Civil Service Com- mission Subscribed and sworn to before me this 30th day of April 1963. (Seal) LOIS O'HEA Notary Public Councilman Schreiber moved that the communication be re- ceived and made a matter of rec- ord. Seconded by Mayor Kean. Carried by the following vote: Yeas-Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Ta- koso Nays-None. April 26, 1963 To the Honorable Mayor and Members of the City Council Gentlemen: In accordance with the provis- ions of Chapter 365 of the Code of Iowa 1962, the Civil Service Commission conducted promotion- al examinations on April 23, 1963 for those members of the FffiE DEPARTMENT interested in pro- motion to the positions of CAP. T A I N, LIEUTENANT, FIR E EQUIPMENT OPERATORS. The following is a list of names of those who passed with an aver- age of seventy per cent or better. May 6, 1963 ~ Regular Session, printed. Seconded by Councilman Schaller. Carried by the following vote: Yeas--Mayor Kean, Councilmen Horgan, SchaUer, Schreiber, Ta- kas. Nays-None. April 30, 1963 To the Honorable Mayor and Memhers of the City Council. Gentlemen: In accordance with the provis- ions of Chapter 365 of the 1962 Code of Iowa, the Civil Service Commission conducted entrance examinations on April 2, 1963 for those seeking positions on the Police and Fire Departments of the City. The following are the names of those who passed both the physical and written examinations and their names are hereby certi- fied for appointments to the Po- lice and Fire Departments. POLICE DEPARTMENT Nilles, Duane J. 70% FIRE DEPARTMENT Andresen, Paul V. 81.67% Richman, Thomas P. 74.17% Coleman, Edward A. 70.83% LOUIS J. LAGEN Chairman A. G. WRIGHT GERARD B. NOONAN Civil Service Commission Attest: LEO F. FROMMELT Clerk Subscribed and sworn to before me this 30th day of April, 1963. (Seal) LOIS O'HEA Notary Public Councilman Schreiber moved that the communication be re- ceived and made a matter of record. Seconded by Councilman Schaller. Carried by the following vote: Y cas-Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Ta- koso Nays-None. April 26, 1963 To the Honorable Mayor and Members of the City Council. Gentlemen: In accordance with the provis- ions of Chapter 365 of the Code of Iowa 1962, the Civil Service Commission conducted promotion- al examinations on April 23, 1963 for those members of the POLICE '''''1'''-'' > May 6, 1963 Communication of John Rider Wallis advising that the ancient bel! removed from the City Hall has been in storage since the cupola was removed from the building and thinks it would he appropriate to have the bell mounted on the Central Avenue side of the City Hall, presented and read. Councilman Takos moved that the communication be re- ferred to the Cultural Commission. Seconded by Councilman Schaller. Carried by the following vote: Yeas-Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Ta- koso Nays-None. Communication of Dick Hen- schel commenting on the report submitted by the Superintendent of the Water Department advanc- ing several reasons why the Kelly Lane area should be considered now for the extension of water mains, presented and read. Mayor Kean moved that the communica- lion be referred to the City Man- ager and Engineering Department. Seconded by Councilman Schaller. Carried by the follOWing vote: Yeas-Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Takos. Nays-None. Councilman Takos moved that the rules be suspended in order to let anyone present address the Council if they so desire. Seconded by Councilman Schreiber. Carried by the following vote: Yeas-Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Takos. Nays-None. He would like to see the project put down for consideration within the next year or so, by placing it in the Manager's street program report. He presented the Council with a plat showing what he in- tends to do in the area and the part which should be developed to tie in with the new County road. Printed Council proceedings for the months of January and Feb- ruary 1963 presented for approval. Councilman Schreiber moved that the printed council proceedings for the months of January and February 1963 be approved as Mr. Dick Henschel addressed the Council in behalf of his petition relative to the installation of wa- ter for the Kelly Lane area. Regular Session, hired to do a stUdy of the total problem. READ-Line 4, page 21 Preliminary Downtown Parking Report to line 8 on page 23. I wish to inform you that I wil1 not he pushed by any individ- ual or group pressure to commit my vote until this problem has been reconsidered with a thor- ough economic evaluation. The people of DUbuque will not con- demn me nor you for being cau- tious. They realize we are acting in their best behalf. 1 feel the time has come for the City to erect its first parking structure and I will dedicate my efforts in this direction. I want that structure to be a healthy sup- plement to the parking system. To give the problem consideration and direction I reiterate my position of the meeting held a week ago. 1 believe we should talk to the Gruen planners as to costs and alternate sites. I will not vote for proceeding on any plans because this action becomes a commit- ment of sorts and until we have the land question settled 1 believe structure plans are premature. We know how the site tends to dictate the type of structure and its func- tional use. 1 ask the indulgence of the Council to place this statement in the written record. May 6, 1963. Peter J. Takos Councilman Schaller moved that councilman Takos' statement be received and made a matter of record. Seconded by Council- man Schreiber. Carried hy the fol- lowing vote: Yeas-Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Ta- koso Nays-None. Communication of Dubuque Chamher of Commerce advising of the adoption of a resolution by their hody complimenting the City and County Administrations for considering and working jointly in studying the adequacy of official facilities, presented and read. Councilman Schaller moved that the communication be received and filed. Scconded by Council- man Takos. Carried by the follow- ing vote: Yeas-Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Takas. Nays-None. 124 127 Clark E. Manahl, Western Sure- ty Company. John R. Altman, Western Surety Company. Lyle Kopp, U.S. anty Co. Fidelity & Guar- EXCAVATION Donald L. Ohmert, 830 Fremont Ave., Policy No. CL 636-199, American States Ins. Co. Respectfully submitted, GILBERT D. CHAVENELLE City Manager 1963 Councilman Schreiber moved that the bonds and policies be filed subject to the approval of the City Solicitor. Seconded by Mayor Kean. Carried by the fol- lowing vote: Yeas-Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Ta- kas. Nays-None. To the Honorable and City Council Gentlemen: A petition from Mr. and Mrs. William Korman and others re- questing street lights on Carlton Avenue has been referred to the Manager and Electrical Inspector for investigation and report. Upon investigation by the Elec- trical Inspector, it is recommended that two 4000 lumen incandescent street lights he installed at the locations shown on the attached drawing: 1. On pole located between Lots 82 and 83, Carlton Avenue. 2. On pole located between Lots 76 and 77, Carlton Avenue. Respectfully submitted, GILBERT D. CHAVENELLE City Manager 1963 Mayor Kean moved the approval of the recommendation. Seconded by Councilman Takos. Carried by the following vote: Yeas-Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Takas. Nays-None. April 19, To the Honorable Mayor and City Council, Gentlemen: Petition of Miss Florence Becke, 2528 Stafford Ave. requesling that unused alley adjacent to her prop- erty be vacated. The Commission has considered the request, viewed the grounds and can see no public need for this portion of the alley. We therefore recommend that alley be vacated provided ease- ments be retained for public utili- ties and the sewer and water con- nections for adjacent owners. Respectfully submitted, Dubuque Planning & Zo Commission OWEN RILEY Secretary Councilman Takos moved that the communication be referred to the Engineering Department to instruct petitioner to procure proper plat and inaugurate proper procedure. Seconded by Mayor Kean. Carried by the following vote: Yeas-Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Ta- koso Nays-None. To the Honorable and City Council, Gentlemen: This is to advise that I have approved the following bonds and policy and desire to have your approval on same for filing, sub- iect to the approval of the City Solicitor Councilman Schreiber moved that the recommendation be ap- proved. Seconded by Councilman Takos. Carried by the following vote: Yeas-Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Ta- koso Nays-None. 1963 May 6, Mayor To the Honorable and City Council Gentlemen: A request has additional street Pinard Street. May 6, Mayor ning 1963 3, May Mayor May 6, Session, dential area. The petitions tached herewith. The Planning & Zoning Commis- sion recommends that petition be denied. Respectfully submitted, Dubuque Planning & Zoning Commission By OWEN RILEY, Sec'y. 1963 are at Regular May 6, 1963 advisability of vacating same. Respectfully submitted, Duhuque Planning & Zon- ing Commission OWEN RILEY Secretary Councilman Takos moved ap~ proval of the recommendation. Seconded by Mayor Kean. Carried by the following vote: Yeas-Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Ta- koso Nays-None. Gentlemen: The petition of Mrs. James Mc- Carthy, 2459 Roosevelt requesting vacation of portion of Barry Street has heen considered by the Planning and Zoning Commission. The petition of protest by Mrs. David Neyens, 2455 Roosevelt and John M. Schwiendinger, 2485 Roos- evelt Street are attached. The Planning & Zoning Com- mission recommend that Barry Street be not vacated because of the large undeveloped area it could serve. April 19, 1963 Mayor To the Honorable and City Council, Session, CAPTAINS McDermott, Francis L. Winter, Carl J. Hantelman, Leroy J. Melssen, Elmer V. Fuller, Merlin J. EQUIPMENT OPERATORS Atkinson, Robert F. 72.73% Hantelmann, Wilbert H. 70.91 % Walker, Robert E. 70.91 % LIEUTENANTS Weiss, Eldon C. 91.67% Mehrl, Robert A. 90.83% Remington, Maurice W. 81.67% Cherrier, William E. 77.50% Simon, Thomas A. 73.33 % Weber, Edward J. 72.50% Lynch, Elmer L. 71.67% Pottebaum, Marcellus J. 71.67% Andresen, James P. 70% Respectfully submitted, LOUIS J. LAGEN Chairman A. G. WRIGHT GERARD B. NOONAN Members Civil Service Commission LEO F. FROMMELT Clerk Civil Service Com- mission 126 All promotions on the FffiE DE- P ARTMENT should be made from this list. 93.33 % 84% 77.33% 74% 70.67% Regular Respectfully submitted, Dubuque Planning & Zoning Commission OWEN RILEY Secretary Mayor Kean moved the approval of the recommendation. Seconded by Councilman Schreiber. Carried by the following vote: Yeas-Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Ta~ koso Nays-None. Attest: Subscribed and sworn to before me this 30th day of April 1963. (Seal) LOIS O'HEA Notary Public Councilman Schaller moved that the communication be received and made a matter of record. Seconded by Councilman Schreib. er. Carried by the following vote: Yeas-Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Ta- koso Nays-None. 1963 19, April Mayor To the Honorable and City Council Gentlemen: The petition of Harold L. Moldt Jr. requesting re-zoning of Lots 13, 14, 15 and 16 in Shaffners Sub., located on Valeria Street to Local Business District "A" has been considered by the Planning & Zon- ing Commission. The area requested is the bed of an old quarry, the property has never been developed. I been made for lighting 2500 Mter an investigation by the Electrical Inspector, it is recom~ ~ April 19, 1963 Mayor Gentlemen: The petition of Rosella Jasper, 1468 Garfield A venue requesting vacation of Marshall Street from Garfield Avenue to the railroad tracks has been considered by the Planning & Zoning Commission. We recommend that petition be denied because of statement that street be vacated and sold to peti- SIDEWALK Hillcrest Builders, Inc., Bond No. 28210-13-527-57, U.S. Fidelity & Guaranty Co. At the hearing a petilion of protest was presented signed by about all the residents on Valeria Street who wish to retain the resi- tioner. The Commission will confer with the Dock Commission on the To the Honorable and City Council, I 129 ages to their home at 2731 Carlton Street, Dubuque. Iowa, by reason of the street improvement program of 1961. It is the recommendation of the City Attorney that the claim of Wilbur W. Brandenburg and Doro- thy Brandenburg be denied. Original claim and supplemental statement thereto by claimants is retained in my file. Respectfully submitted, R. N. Russo City Attorney Councilman Takas moved that the recommendation of the City Attorney be approved. Seconded by Councilman Schreiber. Carried by the following vote: Yeas-Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Takas. Nays-None. Notice of claim of Donald M. Pins, in the amount of $1060., for personal injuries received in a fall on a defeclive sidewalk at 135 W. 17th Street on January 22, 1963, presented and read. Councilman Takas moved that the notice of claim be referred to the City Solic- itor for investigation and report. Seconded by Councilman Schreiber. Carried by the following vote: Yeas-Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Takas. Nays-None. Notice of claim of Clarence L. Schuster, in the amount of $33.28, for personal property damage as the result of a backed-up storm sewer on March 16, 1963 at 2195 Lincoln A venue, presented and read. Coun- cilman Takos moved that the notice of claim be refered to the City Sol- icitor for investigation and report. Seconded by Councilman SchreIber. Carried by the following vote: Yeas-Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Takas. Nays-None. Notice of claim of Paul B. Skel- ley, M.D., in the amount of $51.41, for car damage incurred as the re- sult of being struck by a City own- ed truck on March 8, 1963 on Loras Blvd., presented and read. Council- man Takos moved that the notice of claim be refered to the City Sol- icitor for investigation and report. Seconded by Councilman Schreiber. Carried by the following vote: Yeas-Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Takas. Nays-None. Session, May 6, 1963 upon receipt of a duly executed release to the City Attorney. Original claim is attached hereto. Respectfully Submitted, R. N. Russo City Attorney Councilman Takas moved that the recommendation of the City Attorney be approved and the Aud- itor instructed to issue proper war- rant. Seconded by Councilman Schreiber. Carried by the following vote: Yeas-Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Takas. Nays-None. 1963 May 6, Hon. Mayor & City Council City Hall Gentlemen: On June 4, 1962, Genevieve Les- lein of Route #2, Dubuque, Iowa, filed claim against City of Dubuque Claiming damages as a result of a fall on May 1, 1962 in the alley immediately west of the American Trust & Savings, Dubuque, Iowa, claiming there was a projection of pavement. I have made an investigation of this matter and Genevieve Leslein has made an offer of settlement in the amount of $150.00, and it is the recommendation of the City Attorney that said offer be accept- ed and the City Auditor be direc- ted to draw a warrant in the amount of $150.00 payable to Gene- vieve Leslein and Chris Leslein, her husband, and deliver same upon receipt of a duly executed release. Original claim is attached hereto. Respectfully submitted, R. N. Russo City Attorney Councilman Takos moved that the recommendation of the City Attorney be approved and the Auditor instructed to issue proper warant. Seconded by Councilman Schreiber. Carried by the following vote: Yeas-Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Takos. Nays-None. May 6, 1963 Hon. Mayor and City Council Gentlemen: On December 4, 1962, Wilbur W. Brandenburg and Dorothy Branden- burg filed notice of claim against the City of Dubuque claiming dam- Regular ... May 6, 1963 Iowa, filed claim against City of Dubuque claiming damages as a result of a fall on December 27, 1961, at 2601 Pinard Street, Du- buque, Iowa, claiming there exist- ed an accumulation of ice and snow on the public sidewalk. That claimant has made an of- fer of settlement in the amount of $250.00. I have made an investi- gation of this matter and it is the recommendation of the City Attorney that said offer he ac- cepted and the City Auditor be directed to draw a warrant in the amount of $250.00 payable to Bena Brewer and Owen Brewer, her hus- band, and deliver same upon re- ceipt of a duly executed release. Original claim is attached here- to. 1963 Hon. Mayor City Hall Gentlemen: On July 13, 1962 Marcella Ohne- sorge filed claim against the City of Dubuque claiming damages for injuries suffered as a result of a fall on May 16, 1962 on allegedly defeclive walk at a point 10 feet east of the alley running north and south between Cedar & Maple Streets on the north side of East 14th Street in the City of Dubuque. That claimant has made an offer of settlement in the amount of $500.00 to which amount an offer has been made that the City of Dubuque contribute $75.00. I have made an investigation of this matter and it is the opinion of the City Attorney that said offer of settlement by way of contri- bulion in the amount of $75.00 be accepted and the City Auditor be directed to draw a warrant in the amount of $75.00 payahle to Mar- cella Ohnesorge and deliver same Councilman Takos moved that the recommendation of the City Attorney be approved and the Au- ditor instructed to draw proper warrant. Seconded by Councibnan Schreiber. Carried by the follow- ing vote: Yeas-Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Ta- koso Nays-None. Respectfully submitted, R. N. RUSSO City Attorney May 6, & City Council Session, May 6, 1963 Hon. Mayor & City Council City Hall Gentlemen: On January 5, 1962, Mrs. Bena Brewer, 2615 Pinard St., Dubuque, Respectfully submitted, R. N. RUSSO City Attorney Councilman Takos moved that the recommendation of the City Attorney be approved and the Auditor instructed to draw proper warrant. Seconded by Councilman Schreiher. Carried by the follow- ing vote: Yeas--Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Ta- koso Nays-None. April 29, 1963 Hon. Mayor & City Council City Hall Gentlemen: On the 10th day of February 1961, Gertrude S. Ogaard filed claim for injuries suffered from a fall as a result of an alleged de- fective condition existing in the alley just east of the Municipal Parking Lot at the corner of 9th Street and Bluff Street in the City of Dubuque, Iowa. I have made an investigation of this matter and the said claimant has made an offer of settlement, through her attorney, in the amount of $550.00. It is the recommendalion of the City Attorney that said offer of settlement he accepted and the City Auditor be directed to draw a warrant in the amount of $550.00 and deliver same upon receipt of a duly executed release, said war- rant to he payable to Gertrude S. Ogaard and Robert G. Ogaard. Original claim is attached here- to. mended that one 4000 lumen in- candescent light be installed at the interseclion of 25th and Pin- ard Streets. Respectfully submitted, GILBERT D. CHAVENELLE City Manager Mayor Kean moved that the rec- ommendation of the City Manager be approved. Seconded by Council. man Schaller. Carried by the fol- lowing vote: Yeas-Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Ta- koso Nays-None. Regular 128 j I 131 must be done on the alley in its present condition before the area can be utilized as a motor motel entrance. No negotiations are go- ing on for additional property in the area to defer action at this meeting. Mr. Cy Lampe, Fischer in- terest representative, also address- ed the Council by stressing the urg- ency factor in the vacation of this alley. The question of taking ac- cess rights from others in the area is not a fact. Negotiations at the present time with others are at a standstill. The parties interested are miles apart on price. Attorney Van Etten, representing Fincel & Schmidt, owners of property across the alley from the Julien, stated that he thought negotiations were still open. ORDINANCE NO. 15-63 ORDINANCE AMENDING OR- DINANCE NO. 10-53 BY ADD- ING A NEW SUBSECTION (g) TO SECTION 7 THEREOF RE- QUIRING DOGS TO BE V ACC!- NATED WITH ANTI-RABIES V ACCIXE. NOW THEREFORE BE IT OR- DAINED BY THE CITY COUNCIL OF DUBUQUE, IOWA: Section 1. That Ordinance No. 10-53 be and the same is hereby amended by adding a new subsec- tion (g-) to Section 7 thereof as follows: "g'" It shall be unlawful for the owner of any dog to keep or maintain the same unless it shall have been vaccinated by a licensed vaccIne veterinary surgeon with anti-rabies year- ly, and adequate proof of such vaccination shall be a condl- ORDINANCE NO. 15-63 An Ordinance Amending Ordin- ance No. 10-53 by adding a new Subsection (9) to Section 7 thereof requiring dogs to be vaccinated with anti~rabies vaccine, presented and read. Councilman Schreiber moved that the reading just had be con- sidered the first reading of the Ordinance. Seconded by Council. man Horgan. Carried by the fol- lowing vote: Yeas-Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Takos. Nays-None. Councilman Schreiber moved that the rules be suspended requir" ing an ordinance to be read on three separate days. Seconded by Councilman Horgan. Carried by the following vote: Yeas-Mayor Kean, Councilmer Horgan, Schaller, Schreiber, Takos Nays-None. 1963 May 6, Session, between Main and Iowa Streets and from 2nd Street to Third Street has been considered by the Plan- ning & Zoning Commission. A petition of protest against any vacation submitted by the F & S Radiator Co. and Theisen O'Neill Co. was considered. Also appearing was Syl From- melt who stated he spoke only in respect to the problems that might arise due to truck placing and use of the alley. A thorough discussion was held at which all interested parties were invited to and did participate. The advantages and disadvantages were presented. After hearing aU the interested parties the Commission debated the issues presented. The Planning & Zoning Commis- sion has an obligation to Oversee the Cltys rights and protect the property owners interest in any matter, but also we have an obliga. tion to all Citizens of Dubuque, to try and provide them with a better community. Granting the petition the objectors access will be re- duced from two way alley to one way, but the objectors will have access. The rejuvenation of the Julien Hotel will not only increase the tax base but it wiiJ add to the aesthetic value of the entire area. We believe that granting the petition would be consistent with good planning for the present and the future and recommend that re. quest be granted. Respectfully submitted, Dubuque Planning & Zoning Commission By OWEN RILEY, Sec'y. Mayor Kean moved that action be deferred for two weeks and that the City Council view the grounds. Seconded by Councilman Schreiber. Carried by the following vote: Yeas-Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Takos. Nays-None. Attorney Eugene Wright ad- dressed the Council by stressing the urgency in the request sub- mitted by the Fischer interests for the vacation of the alley directly behind the Julien Hotel. The re- quest is being made to facilitate entry for the construction of a 200 room motel, at an approximate cost of $500,000. Considerable work Regular the Respectfully submitted, Dubuque Planning & Zoning Commission By OWEN RILEY, Sec'y. Councilman Takos moved that the recommendation be approved. Seconded by Mayor Kean. Carried by the fOllowing vote: Yeas-Mayor Kean, Councilmen Horgan, Sehaller, Schreiber, Takos. Nays-None. ORDINANCE NO. 14-63 An Ordinance Amending the Zon- ing Map and Zoning Ordinance known as Ordinance No. 3-34 of the City of Duhuque to change the East 70' of West 80' of Lot 375 Davis Farm Addition and the West 10' of East 100' of Lot 375 Davis Farm Addition and the East 70' of West 80' of Lot 376 Davis Farm Addition to Local Business District "A" Classification, presented and read. Councilman Schreiber moved that the reading just had he con- sidered the first reading of the Ordinance. Seconded by Council- man Horgan. Carried by the follow. ing vote: Yeas-Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Takos. Nays-None. Councilman Schreiber moved that the rules be suspended requir- ing an Ordinance to be read on three separate days. Seconded by Councilman Horgan. Carried by the following vote: Yeas-Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Takos. Nays-None. Councilman Schreiber moved that a public hearing be held on the Ordinance on Monday evening June 3, 1963, at 7:30 o'clock P.M. Daylight Saving Time, in the Coun- cil Chamber at the City Hall and that the City Clerk be instructed to publish notice of the hearing in the manner required by law. Sec- onded by Councilman Horgan. Car- ried by the following vote: Yeas-Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Takos. Nays-None. 19, April To the Honorable Mayor and City Council Gentlemen: The petition of Fischer Inv. Co. requesting vacation of part of alley 1963 1963 sian recommends granting of petition. Session, May 6, January 18, 1963 To the Honorable Mayor and City Council Gentlemen: The petition of Hazel Stoltz Es- slinger requesting rezoning of cer- tain property at 26th & White Streets has been considered by the Planning & Zoning Commission. This area is presently a non con- forming use previously being used for a house movers storage yard. The Planning & Zoning Commis- ORDINANCE NO. 13-63 An Ordinance establishing mini. mum standards governing the COD- dition and maintenance of Residen- tial Dwellings: Establishing mini. mum standards governing supplied utilities and facilities and other physical things and conditions es- sential to make dwellings safe, sanitary and fit for human habita- tion: Determining acceptable oc- cupancy of space: Establishing minimum standards governing the condition of dwellings offered for rent: Fixing certain responsibilities and duties of owners and occu. pants of dwellings: Authorizing the inspection of dwelling3, and the condemnation of dwellings unfit for human habitation: Providing for the issuance of permits: And fixing penalties for violations of its provisions, presented and read. Councilman Takos moved that the reading just had be considered the first reading of the Ordinance and that said Ordinance be placed on file in the office of the City Clerk for public inspection until the next regular meeting. Seconded by Councilman Schreiber. Carried by the following vote: Yeas-Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Takos. Nays-None. Communication of Dub u que Housing Standards Committee sub. mitting a minimum Housing Standards Committee submitting a minimum Housing Standard Ord- inance for consideration and re- questing that same be placed on file for public inspection, presented and read. Councilman Horgan mov- ed that the communication be re- ceived and filed. Seconded by Councilman Schreiber. Carried by the following vote: Yeas-Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Takos. Nays-None. Regular 130 - . I' I I i Ii 'i i, Ii ji " I. I i :: n ii I! I I , . ! I , i I I I I 133 Petition of Loras Beadle Plumb- ing & Heating Co. requesting per- mission to excavate in the streets and alleys of the City, presented and read. Councilman Schreiber moved that the petition be granted. Seconded by Councilman Takas. Carried by the following vote: Yeas - Mayor Rean, Council. men Horgan, Schaller, Schreiber, Takos. Nays-None. Petition of Ohmert Excavating Service requesting permission to excavate in the streets and alleys of the City, presented and read. Councilman Takas moved that the petition be granted. Seconded by Councilman Schreiber. Carried by the following vote: Yeas-Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Takas. Nays-None. Petition of Clemens-Smith Con- struction Co. requesting permission to excavate in the streets and alleys of the City, presented and read. Councilman Schreiber moved that the petition be granted. Sec- onded by Councilman Schaller. Carried by the following vote: Yeas-Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Takas. Nays-None. Petition of Disabled American Veterans Chapter #6 requesting permission to hold their annual Forget Me Not Drive on July 5th and 6th, presented and read. Coun- cilment Takos moved that the peti- Petition of the American Legion requesting permission to hold a parade on Memorial Day and also requesting space in the downtown area to place floats, presented and read. Councilman T.akos moved that the petition be granted. Sec. onded by Councilman Schaller. Car- ied by the following vote: Yeas-Mayor Kean, Caun Horgan, Schaller, Schreiber, Nays-None. .::ilmen Takos. Petition of Peoples Natural Gas requesting permission to cut a 4'x6' hole in the street at 2230 Green Street, presented and read. Council- man Schaller moved that the peti. tion be granted. Seconded by Councilman Takas. Carried by the following vote: Yeas-Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Takas. Nays-None. Special Session, May 20, 1963 t. 0-10 Councilman Takas moved the adoption of the Ordinance. Second- ed by Councilman Horgan. Carried by the fOllowing vote: Yeas - Mayor Kean, men Horgan, Takas. Nays - Councilmen Schreiber. Councilman Schreiber moved that the petition be referred to the City Manager and Engineering Department for investigation and report. Seconded by Councilman Kean. Carried by the fOllowing vote: Yeas - Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Takos. Nays-None. ~I' Schaller, COUNCIL RECESSED 9:40 P.M. COUNCIL RECONVENED 9:50 P.M. Petition of Third Presbyterian Church Board of Trustees request- ing rezoning of Lots 1 & 2 in Dreibelbies Addn. from Two Fam- ily to Local Business District "B" classification, presented and read. Mayor Kean moved that the peti- tion be referred to the Planning & Zoning Commission. Seconded by Councilman Schreiber. Carried by the following vote: Yeas-Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Takas. Nays-None. Pelition of Willard W. Hedrick et al (30 signers) requesting pro- tection from damage to their homes caused by blasting in the Becker Stone Quarry, presented and read. Attorney C. J. May addressed the Council by stating that he has been selected to represent the peti- tioners but would like to have more time to explore the situation. Section 7. Any person violating the provisions of this ordinance shall be deemed guilty of a mis- demeanor and be fined not to ex- ceed $100.00 and in default of pay- ment of said fine be committed to the County Jail for a period not lo exceed thirty (30) days. Section 8. Ordinance No. 71 of the Revised Ordinances of 1919 adopted by the City Council be and the same is hereby repealed. Passed. adopted and approved this 6th day of May 1963. James J. Kean, Mayor Peter J. Takos, Robert J. Horgan, Councilmen Attest: Leo F. Frommelt, City Clerk Published officially In the Tele- graph-Herald Newspaper this 10th day of May, 1963. Leo F. Frommelt, City Clerk Council .....r...,."".. May 6, 1963 ORDINANCE No. 16-63 AN ORDINANCE PROHIBITING ANIMALS OR FOWL FROM RUNNING AT LARGE: RE- QUIRING CATS TO BE INOCU- LATED WITH ANTI-RABIES V A C C I N E AND PROVIDING PENALTY FOR VIOLATION HEREOF. BE IT ORDAINED BY THE CITY COUXCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That no horse, hog, cow or other animal, unle'Ss li- censed by ordinance, and no fowl of any kind shall be allowed to run at large within the limits of the City of Dubuque. Section 2. It is hereby made the duty of the City Manager to se- cure or establish a pound in some convenient place and the City Man- ager is hereby authorized to con- tract from year to year with any incorporated society for the pre- vention of cruelty to animals fol' the carryin~ out the provisiomi o[ this ordinance, including the collection, protection and dlsposi.. tion of such animals and the col- lection of fees [or the care of such seized anImals, or fowl. Section 3. Any animal or fowl running at large shall be im- pounded by the Police Department in a place provided by the City. Any person claiming any animal impounded shall pay the sum of '1 wo ($2.00) Dollars plus the cur. rent daily tee for keeping such animai for each day or portion thereof during which the animal was impounded. Section 4. Animals impounded under this ordinance may be re- deemed at any time prior to the sale, or other disposition thereof upon payment of the cost of $2.00 plus the daily fee fOr the care of such impounded anImal. Stock or animals not redeemed within three (3) days after being Impounded may be sold at public auction by the Chief of Police to the highest bidder for cash, after giving three (3) days notice of such sale, by posting one notice at the entrance of the pound and one at the front door of the City Hall. Purchasers at such sale shall take thereby a title absolute to the property purchased, as against all persons. The money received, shall be paid to the City Treasurer and the balance remaining after the costs for keeping such animals and the expenses of sellIng the same have been deducted, shall be retain&d. for the owner of the animal or animals so sold. The owner of such animal or animals shall make proof of his ownership of the same, by affidavit and if no proof Is made within one year from the da te of such sale, the Treasurer shall report the money on hand as part of the general fund of the City and thereafter such owner shall be barred from the recovery thereof. Section 5. Cats not redeemed. within three (3) days after being impounded shall be disposed of as prescribed by the Health Officer of the City of DUbuque. Section 6. It shall be unlawful for the owner of any cat to keep, or maintain the same unless It shall have been vaccinated by a licensed veteTinary surgeon with anti.rabies vaccine yearly. Session, Councilman Schreiber moved the adoption of the Ordinance. Sec. onded by Councilman Horgan. Car- ried by the following vote: Yeas-Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Takas. Nays-None. ORDINANCE NO. 16-63 An Ordinance prohibiting Ani. mals or Fowl from running at large; Requiring cats to be innocu. lated with antiarabies vaccine and providing penalty for violation hereof, presented and read. Councilman Schreiber moved that action on the Ordinance be defered for thirty days. Seconded by Councilman Schaller. Vote on the motion was as follows: Yeas - Councilmen Schaller, Schreiber. Nays-Mayor Horgan, Takas. Kean, Councilmen Motion failed. Councilman Takos moved that the reading just had be consider- ed the first reading of the Ordin- ance. Seconded by Councilman Horgan. Carried by the following vote: Yeas - Mayor Kean, Councilmen Horgan, Takas. Nays - Councilmen Schreiber. Schaller, Councilman Takos moved that the the rules be suspended requir- ing an Ordinance to be read on three separate days. Seconded by Councilman Horgan. Carried by the following vote: Yeas - Mayor Kean, Councilmen Horgan, Takas. Nays - Councilmen Schreiber. Schaller, Hon precedent to the issuance of a license therefor." Section 2. This OrdInance shall be in full force and effect from and after its final passage, adoption and publication as by law provided. Introduced the 6th day of May, 1963. Rule requirIng reading on three separate days suspended by unanI- mous vote the 6th day of May, 1963. Passed by recorded roll-call vote, adopted and approved this 6th day of May. 1963. JAMES J. KEAN, Mayor JOHN P. SCHREIBER LOUIS SCHALLER PETER J. TAKOS ROBERT J. HORGAN Councilmen Attest: Leo F. Frommelt City Clerk Pultlished officially in The Tele. graphwHerald newspaper this 10th day of May 1963. LEO F. FROMMELT It. 5/10 City Clerk. Regular 132 'I , 135 BE IT RESOLVED by the City Council of the City of Dubuque that the contact for the above men. tioned improvement be awarded to Tri-State Paving Company and the Manager be and he is hereby di. rected to execute a contract on behalf of the City of Dubuque for the complete performance of said work. \ BE IT FURTHER RESOLVED, that upon the signing of said con- tract and the approval of the con- tractors bond the City Treasurer is authorized and instructed to reo turn the bid deposits of the unsuc- cessful bidders. 6th Councilman Schreiber moved the adoption of the resolution. Second- ed by Councilman Horgan. Carried by the following vote: Yeas-Mayor Keau, Councilmen Horgan, Schaller, Schreiber, Takas. Nays-None. 1963 To The Honorable And City Council Gentlemen: Pursuant to your instructions, sealed bids were received until 10:00 A.M. Monday, May 6, 1963 Proof of Publication, certified to by the Publisher, of Notice to Con- tractors of the receipt of proposals for the construclion of CITY OF DUB U QUE 1963 BITUMINOUS CONCRETE PAVING PROJECT NO.1, on the following named streets: Langworthy, Parkway, Rosedale, Lowell, College, Ruann Drive, Ideal Lane, Earl Drive, West Fifth, Walsh, Van Buren. Robin, Summit, presented and read. Councilman Horgan moved that the proof of publication be received and filed. Seconded by Councilman Takos. Carried by the following vote: Yeas-Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Takas. Nays-None. 1963 Passed and adopted day of May, 1963. JAMES J. KEAN Mayor JOHN P. SCHREIBER LOUIS SCHALLER PETER J. TAKOS ROBERT J. HORGAN Councilmen LEO F. FROMMELT, City Clerk this May 6, Mayor May 6, Attest Regular Session, tractors of the receipt of proposals for the construction of City of Du~ buque 1963 Concrete Curb & Gutter Project NO.1 on Huff Street, Rose. dale Ave., presented and read. Councilman Schreiber moved that the proof of publication be received and filed. Seconded by Councilman Horgan. Carried by the following vote: Yeas-Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Takas. Nays-None. 1963 To the Honorable And City Council Gentlemen: Pursuant to your instruction, sealed bids were received until 10:00 A.M. Monday, May 6, 1963 for the City of Dubuque 1963 Con- crete Curb and Gutter Project No. 1. The lowest bid entered was en- tered by the Tri-State Paving Com- pany of Dubuque, Iowa. Their bid was 9.58% over the engineer's esti~ mate. I recommend that the contract for the improvement be awarded to the Tri-State Paving Company of Dubuque, Iowa. Very truly yours, Gilbert D. Chavenelle, City Manager Councilman Horgan moved that the recommendation of the City Manager be approved. Seconded by Councilman Schreiber. Carried by the following vote: Yeas-Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Takas. Nays-None. (Awarding Contract) RESOLUTION NO. 79-63 WHEREAS, seat e d proposals have been submitted by contractors for the City of Dubuque 1963 Con- crete Curb & Gutter Project No. 1 pursuant to Resolution No. 60-63 and notice to bidders published in a newspaper published in said City on April 5th, 1963 and April 12th, 1963; and WHEREAS, said proposals were opened and read on May 6, 1963, and it has been determined that the bid of Tri-State Paving Com- pany of Dubuque, Iowa in tlie amount of $15,249.32 was the low- est bid for the furnishing of all labor and materials and performing the work as provided for in the plans and specifications; now there- fore, May 6, Mayor ~~.. --,- May 6, 1963 Petition of Leonard Hafeman et al requesting the installation of a street light at the corner of Sheri- dan Road and Groveland Place, pre- sented and read. Councilman Schreiber moved that the petition be referred to the City Manager and electrical Inspector for investi- gation and report. Seconded by Councilma'n Horgan. Carried by the following vote: Yeas--Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Takos. Nays-None. Pelilion of Edmund R. Siegert, together with a supporting petition signed by Mrs. Lillian B. Harwood et aI, requesting rezoning of Lot 5 and the S. 25' of Lot 4 of Sidonia Hosfords Sub. at 390 N. Grand- view Ave. to Multiple Family Dis- trict Classification, presented and read. Councilman Schreiber moved that the petition be referred to the Planning & Zoning Commission. Seconded by Councilman Horgan. Carried by the fOllowing vote: Yeas-Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Takos. Nays-None. Petition of Frank Mozena reo questing the annexation of Lot 1 of M. L. 388, Section 15, Dubuque Twp., approximately 39.50 acres, lying to the north of his present property in the City along W. 32nd Street, presented and read. Council- man Schreiber moved that the peti- tion be referred to the City Man- ager to request the petitioner to present plat and petition in proper form. Seconded by Councilman Horgan. Carried by the following vote: Yeas-Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Takos. Nays-None. Petition of W. A. Brown request- ing permission to install a perman- ent Flexalum Aluminum Awning in front of tavern building at 2417 Rhomberg Avenue, presented and read. Councilman Schaller moved that the petition be granted SUbject to the approval of the Building Commissioner. Seconded by Mayor Kean. Carried by the following vote: Yeas-Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Takos. Nays-None. Proof of Publication, certified to by the Publisher, of Notice to Con. Session, Mr. John Breitbach of 692 Wil- son Ave. addressed the Council by stating the area in Kelly's sub. referred to in the petition is a jungle and requested that some- thing be done immediately to clean up the area and make it a place for the children in the neighborhood to play in. Pelilion of John J. Breitbach et al (85 signers) requesting that lots in Kelly's subdivision, one of which is owned by the City, be cleaned up and developed for a neighbor- hood playground, presented and read. Councilman Schreiber moved that the petilion be referred to the City Manager, Engineering Depart- ment and Street Department. Sec- onded by Councilman Horgan. Car. ried by the follOwing vote: Yeas-Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Takos. Nays-None. Petition of Philip A. Powers re- questing rezoning of Lot 1 of 1 of Powers farm (approximately 51 acres) lying southeasterly of the southeast corner of intersection of Asbury & Old Timers Road; part to Local Business District "B" class- ification; part to Two Family Resi- dence District Classification; part to Local Business District "A" class- ification, presented and read. Coun- cilman Horgan moved that the peti- tion be refered to the Planning & Zoning Commission for investi- gation and report. Seconded by Councilman Schreiber. Carried by the fOllowing vote: Yeas-Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Takas. Nays-None. Petilion of National Multiple Sclerosis Society requesting permis- sion to conduct a house to house drive for funds May 19th to 25th, presented and read. Councilman Takas moved that the petition be refered to the Mayor and City Manager. Seconded by Councilman Schaller. Carried hy the following vote: z Y~s-Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Takas. Nays-None. tion be granted. Seconded by Coun- cilman Schreiber. Carried by the following vote: Yeas-Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Takos. Nays-None. "..<'.....,..." Regular 134 137 Proof of Publication, certified to by the Publisher, of Notice to Con. tractors of the receipt of proposals for the construction of CITY OF DUBUQUE 1963 CONCRETE PAV- ING WITH INTEGRAL CURB PRO- JECT NO.1, on the fOllowing streets; North Grandview, E. 16th Street, Harrison Street, Loras Blvd., University Ave., presented and read. May 6, To the Honorable Mayor and City Council Gentlemen: Pursuant to your Instructions, sealed bids were received until 10:00 A.M., Monday, May 6, 1963 for8 the City of Dubuque 1963 Con- crete Paving with Integral Curb Project No. 1. The lowest bid en- tered was submitted by the Thomas Flynn Coal Company of Dubuque, Iowa. Their bid was 1.34% over the engineer's estimate. I recommend that the contract for the improvement be awarded to the Thomas Flynn Coal Company of Dubuque, Iowa. Very truly yours, Gilbert D. Chavenelle, City Manager Councilman Schreiber moved that the recommendation of the City Manager be approved. Second- ed by Councilman Horgan. Carried by the following vote: Yeas-Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Takas. Nays-None. (Awarding Contract) RESOLUTION NO. 82-63 WHEREAS, sealed proposals have been submitted by contractors for the City of Dubuque 1963 Con- crete Paving With Integral Curb Project No. 1 pursuant to Resolu- tion No. 65-63 and notice to bidders published in a newspaper published in said City on April 5th, 1963 and April 12th, 1963 and WHEREAS, said sealed proposals were opened and read on May 6, 1963, and it has been determined that the bid of Thomas Flynn Coal Councilman Horgan moved that the proof of publication be received and filed. Seconded by Councilman Takos. Carried by the fOllowing vote: Yeas-Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Takos. Nays-None. 1963 Regular Session, May 6, 1963 Councilman Horgan. Carried by the following vote: Yeas--Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Takos. Nays-None. (Awarding Contract) RESOLUTION NO. 81-63 WHEREAS, sea led proposals have been submitted by contractors for the City of Dubuque 1963 Hot Mix-Hot Laid Asphaltic Concrete PaVing Project No. 1 pursuant to Resolution No. 67.63 and notice to bidders in a newspaper published in said City on April 5th, 1963 and April 12th, 1963; and WHEREAS, said sealed proposals were opened and read on May 6, 1963, and it has been determined that the bid of Mulgrew Blacktop Incorporated of Dubuque, Iowa in the amount of $80,112.76 was the lowest bid for the furnishing of all labor and materials and perform- ing the work as provided for in the plans and specifications; now therefore, BE IT RESOLVED by the City Council of the City of Dubuque that the contract for the above mentioned improvement be award- ed to Mulgrew Blacktop Incorpor- ated and the Manager be and he is hereby directed to execute a con- tract on hehalf of the City of Du- buque for the complete perform- ance of said work. BE IT FURTHER RESOLVED, that upon the signing of said con- tract and the approval of the con- tractors bond the City Treasurer is authorized and instructed to re- turn the bid deposits of the unsuc- cessful bidders. Passed and adopted this 6th day of May, 1963. JAMES J. KEAN Mayor JOHN P. SCHREffiER LOUIS SCHALLER PETER J. TAKOS ROBERT J. HORGAN Councilmen Attest: LEO F. FROMMELT, City Clerk 1 I Councilman Schreiber moved the adoption of the resolution. Second- ed by Councilman Takas. Carried by the following vote: Yeas - Mayor Kean, Councilman Horgan, Schaller, Schreiber, Takas. Nays-None. May 6, 1963 Passed and adopted this 6th day of May, 1963. JAMES J. KEAN Mayor JOHN P. SCHREffiER LOUIS SCHALLER PETER J. TAKOS ROBERT J. HORGAN Councilmen LEO F. FROMMELT City Clerk Councilman Takos moved the adoption of the resolution. Second- ed hy Councilman Schreiber. Car- ried by the following vote: Yeas-Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Takas. Nays-None. Proof of Publication, certified to by the Publisher, of Notice to con- tractors of the receipt of proposals for the construction of CITY OF DUBUQUE 1963 HOT-MIX HOT LAID ASPHALTIC CON C R E T E PAVING PROJECT NO.1, on the following streets; Railroad Ave., Huff St., Pennsylvania Ave., West Third Street, presented and read. Councilman Takos moved that the proof of publication be received and filed. Seconded by Councilman Horgan. Carried by the following vote: Yeas-Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Takos. Nays-None. To the Honorable and City Council Gentlemen: Pursuant to your instructions, sealed bids were received until 10:00 A.M. Monday, May 6, 1963 for the City of Duhuque 1963 Hot Mix-Hot Laid Asphaltic Concrete Paving Project No. 1. The lowest bid entered was submitted by the Mulgrew Blacktop, Incorporated, of Dubuque, Iowa. Their bid was 2.24% under the engineer's esti- mate. I recommend that the contract for the improvement be awarded to the Mulgrew Blacktop, Incorpor- ated of Dubuque, Iowa. Very truly yours, Gilbert D. Chavenelle, City Manager Councilman Takos moved that the recommendation of the City Manager be approved. Seconded by 1963 May 6, Mayor Attest: Regular Session, for the City of DUbuque 1963 Bituminous Concrete Paving Pro- ject No. 1. The lowest bid entered was entered by the Tri-State Pav- ing Company of Dubuque, Iowa. Their bid was 0.40% under the engineer's estimate. I recommend that the contract for the improvement be awarded to the Tri-State Paving Company of Dubuque, Iowa. Very truly yours, Gilbert D. Chavenelle City Manager Councilman Schreiber moved that the recommendation of the City Manager be approved. Second- ed by Councilman Horgan. Carried by the following vote: Yeas-Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Takas. Nays-None. (Awarding Contract) RESOLUTION NO. 80-63 WHEREAS, sealed proposals have been submitted by contractors for the City of Dubuque 1963 Bit- uminous Concrete Paving Project No. 1 pursuant to Resolution No. 63-63 and notice to bidders pub- lished in a newspaper published in said City on April 5th, 1963 and April 12th, 1963; and WHEREAS, said sealed proposals were opened and read on May 6, 1963, and it has been determined that the bid of Tri-State Paving Co. of Dubuque, Iowa in the amount of $99,369.90 was the lowest bid for the furnishing of all labor and materials and performing the work as provided for in the plans and specifications; now therefore, BE IT RESOLVED by the City Council of the City of Dubuque that the contract for the above mentioned improvement be award- ed to Tri-State Paving Co. and the Manager be and he is herehy di- rected to execute a contract on behalf of the City of Dubuque for the complete performance of said work. 136 I i I l Ii i! ! r il ii !I , " :1 , 'i " II . il 3 ~ j BE IT FURTHER RESOLVED, that upon the Signing of said con- tract and the approval of the con- tractors bond the City Treasurer is authorized and instructed to return the bid deposits of the unsuccessful bidders. 139 May 6, 1963 Session, reeted to advertise for proposals for the construction of the improve- ment. Passed, adopted and approved this 6th day of May, 1963. JAMES J. KEAN Mayor JOHN P. SCHREillER LOUIS SCHALLER PETER J. TAKOS ROBERT J. HORGAN Councilmen LEO F. FROMMELT, City Clerk Councilman Schreiber moved the adoption of the resolution. Second- ed by Councilman Horgan. Carried by the fOllowing vote: Yeas-Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Takas. Nays-None. RESOLUTION NO. 86-63 preliminary Estimate, approval of plans, specifications, form of contract, plat and all other docu- ments for the construction of CITY OF DUBUQUE 1963 GRADING PROJECT NO. I-Carter Road from a point 600 feet north of the north property line of Kane Street to the south property line of West 32nd Street, at an estimated cost of $68,434.30 presented and read. Councilman Schreiber moved the adoption of the resolution. Second. ed by Councilman Takas. Carried by the following vote: Yeas-Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Takas. Nays-None. for Attest: Approved JAMES J. KEAN Mayor JOHN P. SCHREillER LOUIS SCHALLER PETER J. TAKOS ROBERT J. HORGAN Councilmen LEO F. FROMMELT, City Clerk Councilman Schreiber moved the approval of the resolution. Second- ed by Councilman Horgan. Carried by the following vote: Yeas-Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Takos. Nays-None. (Fixing Date of Hearing) RESOLUTION NO. 85.63 WHEREAS, the City Council of the City of Dubuque, Iowa has given 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 twenty- four inch (24") sanitary sewer and appurtenances in 32nd Street from the existing manhole at the inter- section of White Street and 32nd Street, thence westerly in 32nd Street to Grandview Avenue, thence southerly in Grandview Avenue with an eight inch (8") san- itary sewer to the southerly prop- erty line of Lot 1 of Lot 2 of Lot 2 of Mineral Lot 359. Regular file Approved and placed on final action. Attest: (Necessity for Improvement) RESOLUTION NO. 87-63 WHEREAS, proposed plans, spec- ifications, form of contract, plat and schedule have been duly pre- pared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk showing among other things the following; 1. The streets to be improved. 2. The width of such improve- ment, and the size and kind of sewers. 3. An estimate of the cost of the proposed improvement, stating the same for each different type of con- struction and kind of material to be used. 1 I City of Dubuque 1963 Grading Project No. I-Carter Road from a point 600 feet north of the north BE IT THEREFORE RESOLVED that on the 3rd day of June, 1963, a public hearing will be held at 7:30 P.M., D.S.T., in the Council Chamber of the City of Dubuque at which time the objectors for the proposed improvement may ap. pear and make objection to the proposed plans and speCifications and proposed form of contract, to the cost of the improvement 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 which shall be not less than ten (10) days prior to the day fixed for it's 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 hereby di- May 6, 1963 Session, Regular 138 ed by Councilman Horgan. by the following vote: Yeas-Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Takas. Nays-None. Carried Company of Dubuque, Iowa in the amount of $270,867.35 was the low- est hid for the furnishing of all labor and materials and performing the work as provided for in the plans and specifications; now there- fore, {Necessity for Improvement RESOLUTION NO. 84-63 hur_.......u For the construction of a twenty- four inch (24") sanitary sewer and appurtenances in 32nd Street from the existing manhole at the inter~ section of White Street and 32nd Street, thence westerly in 32nd Street to Grandview Avenue, thence southerly in Grandview Av- enue with an eight inch (8") san. itary sewer to the southerly prop- erty line of Lot 1 of Lot 2 of Lot 2 of Mineral Lot 359. BE IT THEREFORE RESOLVED that the City Council on its own motion or upon petition of prop- erty owners, deems it advisable and necessary for the public welfare to make the herein mentioned im- provement, and unless property owners at the time of the final consideration of this proposed reso- lution have on file with the City Clerk objections to the amount of the cost of improvement, they shall be deemed to have waived all ob. jections thereto. Said improvement shall be con- structed and done in accordance with the plans and specifications which have been prepared therefor by the City Engineer which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said improvement will be paid from the Sanitation-Sewage Rental Fund. Whereas, proposed plans, spec- ifications, form of contract 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 following: 1. The street to be '~n..~.'~'" 2. The plan of such imp 3. An estimate of the cost proposed improvement. BE IT RESOLVED by the City Council of the City of Dubuque that the contract for the above mention- ed improvement be awarded to Thomas Flynn Coal Company and the Manager be and he is hereby directed to execute a contract on behalf of the City of Dubuque for the complete performance of said wor1<. BE IT FURTHER RESOLVED that upon the signing of said con. tract and the approval of the con. tractors bond the City Treasurer is authorized and instructed to re- turn the bid deposits of the unsuc- cessful bidders. Councilman Schreiber moved the adoption of the resolution. Second- ed by Councilman Horgan. Carried by the following vote: Yeas-Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Takos. Nays--None. RESOLUTION NO. 83-63 Preliminary Estimate, approval of plans, specifications, form of con- tract and plat for the construction of a twenty-four inch (24") sanitary sewer and appurtenancs in 32nd Street from the existing manhole at the intersection of White Street and 32nd Street. thence westerly in 32nd Street io Grandview Av- enue, thence southerly in Grand- view Avenue with an eight inch (8") sanitary sewer to the southerly property llne of Lot 1 of Lot 2 of Lot 2 of Mineral Lot 359, at an estimated cost of $89,800. presented and read. this 6th day JAMES J. KEAN Mayor JOHN P. SCHREIBER LOUIS SCHALLER PETER J. TAKOS ROBERT J. HORGAN Councilmen LEO F. FROMMELT, City Clerk The above resolution was intra. duced, approved and ordered plac- ed on file with the City Clerk this 6th day of May, 1963. Councilman Schreiber moved the adoption of the resolution. Second- 'Pr-'."'" r~,."" f 1/iio.Ii.i,.... Passed and adopted of May, 1963. Attest: 141 Whereas, the DUbuque City Council at an informal meeting with the Dubuque County Board of Supervisors cited similar inade. quacies regarding facilities of the DUbuque City Jail, Matrons' Quar- ters and City Hall; and Whereas, at said informal meet- ing both bodies thought it best to pass a concurring resolution on said matters of intent as aforesaid. I Now Therefore Be It Resolved that the City Council of Dubuque, Iowa in concurrence and coopera- tion with the Dubuque County Board of Supervisors, shall dedi- cate itself to the proposition of formulating plans, determining cost estimates, and a site location of a new Joint County-City Build- ing which will house the govern- mental facilities of the County and City and also house County and City jail facilities, and after said plans have been formulated, pro- portionate costs determined as provided in Chapter 368 of the 1962 Code of Iowa and site agreed upon, an election shall be held for the submission of the proposition of a new County-City BUilding to the voters of the City and County of Dubuque for their approvaL and to assist them in this extensive undertaking, they shall appoint a County-City Building Citizens' Ad- visory Committee. Whereas, the Dubuque County Board of Supervisors has met in an informal session with the mem- bers of the City Council of the City of Dubuque, Iowa; and Whereas, at said meeting the members of the City Council of the City of Dubuque, Iowa, ex- pressed an intent and a desire to see the recommendations of the Grand Jury implemented; and Whereas, both the Dubuque County Board of Supervisors and the City Council of the City of Dubuque, Iowa, have informally agreed that it would be in the best interests of all the citizens of this County to explore the feasi- bility of such a proposition; and Whereas, the Dubuque County Board of Supervisors recognizes that the Dubuque County Jail and the Dubuque County Court House are inadequate for present day needs; and Whereas, both bodies expressed the conclusion that the most eco- nomical method of solving the aforesaid problems would be by the construction of a building which would house jointly a new Court House, City Hall and County Jail; and Whereas, both bodies at said informal meeting expressed an in- tent to mutually cooperate in an endeavor to formulate plans and determine costs and site location of a joint County-City Building for the purpose of submitting a propo- sition on such a building to the voters of the City; and Whereas, the Statutes of the State of Iowa enable both bodies to cooperate in the erection of a Joint County-City Building with each governmental unit bearing their own proportionate share of the expense; and May 6, 1963 Session, tion of imprisoned traffic offen- ders from first felony offenders, and to the segregation of both of said classes of offenders from hardened criminals. 2. That the Dubuque County Court House be completely re- placed. 3. That due consideration be giv- en to the construction of a jOint County-City Building. 4. That these recommendations be implemented with action and final plans and that the result be submitted to the voters at the earliest practicable date. 5. That the Dubuque County Board of Supervisors appoint a special Citizens Committee, to ad- vise, consult with, and assist them in the implementation and the final carrying out of these recom- mendations, and further, that the Dubuque County Board of super- visors appoint to such Citizens Committee a representative num- ber of the members of this Grand Jury and of past Grand Juries and also of such other citizens of the County as to it seems advisable to best attain the ends desired; and WHEREAS, the Dubuque County Board of Supervisors recognizes the need for plans to implement the recommendations of the Grand Jury; and ai,,~" Regular May 6, 1963 1, Carter Road from a point 600 feet north of the north property line of Kane Street to the south property line of West 32nd Street. 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 of- fice for public inspection. Be It Therefore Resolved that on the 3rd day of June, 1963, a public hearing will be held at 7:30 o'clock P.M. D.S.T. 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, to the cost of the improvement, and to the passage of the proposed Res- olution of Necessity and the City Clerk be and he is hereby directed to cause a notice of the time and place of such hearing to be pub- lished in some newspaper pub- lished in the city of Dubuque, the last of which shaH be not less than two (2) nor more than four (4) weeks prior to the day fixed for its consideration, 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 May, 1963. JAMES J. KEAN Mayor JOHN P. SCHREmER LOUIS SCHALLER PETER J. TAKOS ROBERT J. HORGAN Councilmen Attest: LEO F. FROMMELT City Clerk Councilman Schreiber moved the adoption of the resolution. Second- ed by Councilman Horgan. Car- ried by the following vote: Yeas-Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Takos. Nays-None. RESOLUTION NO, 89-63 Whereas, the Dubuque County Grand Jury at its March, 1963 Term met and made the following recommendations: 1. That the Dubuque County Jail be completely replaced with due regard being given to the segrega- Regular Session, property. line of Kane Street to the south property line of West 32nd Street. Be It Therefore Resolved that the City Council on its own motion or upon petition of property own- ers, deems it advisable and neces- sary for the public welfare to make the herein mentioned improve- ment, and unless property owners at the time of the final considera- tion of this proposed resolution have on file with the City Clerk objections to the amount of the proposed assessments, they shall be deemed to have waived all ob- jections thereto. Said improvement shall be con- structed and done in accordance with the plans and speCifications which have been prepared there- for by the City Engineer which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said improve- ment will be paid from the Street Construction Fund-Road Use Tax. The above resolution was in- troduced, approved and ordered placed on file with the City Clerk this 6th day of May, 1963. Approved and placed on file for final action. Approved: JAMES J. KEAN Mayor JOHN P. SCHREmER LOUIS SCHALLER PETER J. TAKOS ROBERT J. HORGAN Councilmen Attest LEO F. FROMMELT City Clerk Councilman Schreiber moved that the resolution be approved. Seconded by Councilman Takos. Carried by the following vote: Yeas-Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Takos. Nays-None. (Fixing date of hearing) RESOLUTION NO, 88-63 Whereas, the City Council of the City of Dubuque, Iowa, has by Res- olution No. 86-63 given its prelim- inary 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 1963 Grading Project No. 140 ,-_.~..""." 143 ..........1963 .........1963 PERMITS West Locust lie" BEER Lynn, 424 Melvin C. Street Councilmen Clarke Cleveland 2204 Cen. Be It Further Resolved that the bonds filed by such applicants he and the same are hereby approved. Passed, adopted and approved this 6th day of May, 1963. JAMES J. KEAN Mayor JOHN P. SCHREIBER LOUIS SCHALLER PETER J. TAKOS ROBERT J. HORGAN Councilmen City Clerk Attest: Grove- 785 Leonard land LEO F. FROMMELT City Clerk Councilman Schreiber moved the adoption of the resolution. Sec- onded by Councilman Horgan. Car. ried by the following vote: Yeas-Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Takas. Nays-None. There being no further business Councilman Schaller moved to ad. journ. Seconded by Councilman Schreiber. Carried by the follow- ing vote: Yeas-Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Takas. Nays-None. II , ~ LEO F. FROMMELT City Clerk III 1963 May 6, Approved Adopted 785 Grove. 590 Winders, Duelman, 1205 Danie Avenue A. Hafeman, LEO F. Councilman Schreiber moved the adoption of the resolution. Seconded by Councilman Horgan. Carried by the following vote: Yeas-Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Takos. Nays-None. RESOLUTION NO. 91.63 Whereas, applications for Beer Permits were filed by the within applicants and they have received the approval of this Council; and Be It Resolved by the City Coun. cil of the City of Dubuque, Iowa, that the following applications be granted and licenses be issued upon the compliance with the terms of the ordinances of the City. CLASS Attest: Whereas, the premises to be oc- cupied by such applicants were in- spected and found to comply with the ordinances of this City and they have filed proper bonds, Now, Therefore, Be It Resolved by the City Coun- cil of the City of Dubuque that the Manager be and he is hereby directed to issue to the following named applicants a beer permit. CLASS F 530 East 22nd Ave- Locust Dubuque Sports Bowl 16th Street Ext. John B. Burgmaier, 2401 Windsor Avenue. Regular Session, CLASS "B" BEER PERMIT FOR PRIVATE CLUB Dubuque Metal Trades Council Ciub, 111 West 6th Street Knights of Columbus, 781 Locust Street CLASS Ernest Latham, Avenue Carl Van Drive Roger tral Passed, adopted and approved this 6th day of May, 1963. JAMES J. KEAN Mayor JOHN P. SCHREffiER LOUIS SCHALLER PETER J. TAKOS ROBERT J. HORGAN Councilmen FROMMELT City Clerk Attest RESOLUTION NO. 90-63 Whereas, applications for Beer Permits have been submitted to this Council for approval and the same have been examined. Now, Therefore, BEER PERMIT 1080 University 45 Bissell Lane 1301 Rhomberg 7th East Passed, adopted and approved this 6th day of May 1963. JAMES J. KEAN Mayor JOHN P. SCHNEIDER LOUIS SCHALLER PETER J. TAKOS ROBERT J. HORGAN Councilmen FROMMELT City Clerk Cleveland Cen. 2204 LEO F. Councilman Takos moved the adoption of the resolution. Second- ed by Councilman Horgan. Carried by the following vote: Yeas-Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Takos. Nays-None. "B" ay S. Shaffer, Avenue Michael McMahon, Harry N. Gantert, Avenue Leo Meyer, BEER PERMIT 1080 University 45 Bissell Lane 1301 Rhomberg Meyer, East 1700 Central 176 Inc. 1205 Winders, Attest: 22nd Ave- Cloetta L. Ricke, 55 East 7th Street Paul W. SChollmeyer, 176 Locust Street 55 Paul W. Schollmeyer, Street 1963 Ernest Latham, Avenue Roger Daniel tral Avenue Leonard A. Hafeman, land 530 East 1700 Central L. Ricke, Session, May 6, Regular 142 "B" Fay S. Shaffer, Avenue Michael McMahon, Harry N. Gantert, Avenue Vernon Leo Street Ralph Warren, nue Vernon Street Warren, Cloetta Street Ralph nue East CLASS "B" BEER PERMIT FOR PRIVATE CLUB Dubuque Metai Trades Couneil Club, 111 West 6th Street Knights of Columbus, 781 Locust Street CLASS Melvin C. Street Carl Van Drive "C" BEER PERMITS Lynn, 424 West Locust Clarke Inc. 590 Bowl Duelman, Dubuque Sports 16th Street Ext. 145 same. Respectfully submitted, GILBERT D. CHAVENELLE City Manager Councilman Schreiber moved ap- proval of the re-certification and that the request as to the Mayor's signature be granted. Seconded by Mayor Kean. Carried by the fol. lowing vote: Yeas-Mayor Kean, Councilmen Schaller, Schreiber, Tatas. Nays-Councilman Horgan. Notice of claim of Clara lona Bollinger, in an unknown amount, for personal injuries received in a fall on a defective sidewalk in the 1100 block on the west side of Locust street on April 26, 1963, presented and read. Councilman Horgan moved that the notice of claim be referred to the City Solicitor for investigation and report. Seconded by Council- man Schreiber. Carried by the following vote: Yeas-Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Takos. Nays-None. Communication of Planning & Zoning Commission recommending that the request submitted by the Fischer interests for the vacation of 168.6 feet of the alley northerly from Second Street, to the rear of the Julien Hotel, be granted- said communication having been previously presented and read at the Council meeting of May 6th, re-presented and read. Councilman Schreiber moved that the rules be suspended in or- der to let anyone present address the Council if they so desire. Sec- onded by Councilman Takas. Car- ried by the following vote: Yeas-Mayor Kean, Council Horgan, Schaller, Schreiber, koso Nays-None. Attorney Arnold VanEtten, rep- resenting Fincel and Schmidt, own- ers and operators of a radiator shop which abuts the alley across from the Julien Hotel, addressed the Council by stating that his clients do not have access in ef- fect. He received statements from truck drivers voicing objection and showing the hazardous possibilities of backing large trucks into the short part of the alley to service the building owned by his client ~ To the Honorable and City Council Gentlemen: The petition of Leonard Hafe- man and others requesting the in- stallation of a street light at the corner of Sheridan Road and Groveland Place was referred to City Manager and Electrical In- spector for investigation and re- port. Upon investigation it is recom- mended that one 4000 lumen in- candescent light be installed at corner of Groveland and Sheri- dan Road. Yeas-Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Takos. Nays-None. I men Ta- 20, 1963 Gentlemen: The Program for Community Im- provement, known as the Work- able Program which was approved by the Housing and Home Finance Agency on June 1, 1962 expires on June 1, 1963. Herewith submitted are the nec- essary documents for re-certifica- tion of this program and I request that the Mayor be authorized to 1963 Session, May 20, sign 1963 May 20, Mayor Respectfully, Gilbert D. Chavenelle City Manager moved that of the City Seconded by Carried by Communication of Playground and Recreation Commission stating that they are agreeable to accept the leadership in Cleaning up and improving Moore's Mill Pond pro- viding the Council is in favor and that funds are made available to direct and complete the job in its entirety. presented and read. May Mayor To the Honorable and City Council, Special Councilman Takos the recommendation Manager be approved. Councilman Schaller. the following vote: Yeas-Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Takos. Nays-None. Councilman Schreiber moved that the communication be re- ferred to the City Council and City Manager. Seconded by Mayor Kean. Carried by the following vote: ors of Dubuque County cooperat- ing with the City Council as to the proposition of formulating plans. determining cost estimates, site location etc. for a point County- City Building and that an election bc held, presented and read. Coun- cilman Schreiber moved that the copy of resolution be received and filed. Seconded by Mayor Kean. Carried by the following vote: Yeas-Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Takos. Nays-None. Notice of Renewal of Govern- ment Lease covering the use of the site of the U.S. Naval Training Center at Eagle Point from July 1, 1963 to June 30, 1964, presented and read. Councilman Takas moved that the notice be received and filed. Seconded by Mayor Kean, Councilmen Horgan, Schal- ler, Schreiber, Takas. Nays-None. 1963 Gentlemen: I am attaching herewith monthly reports of the City Auditor, City Treasurer, City Health Department and City Water Works for the month of April, as well as a list of claims and payrolls for which warrants were issued for the month of April, 1963. Respectfully submitted, Gilbert D. Chavenelle City Manager Councilman Schreiber moved that the reports be received and filed. Seconded by Councilman Horgan. Carried by the following vole: Session, May 20, 1963 CITY COUNCIL OFFICIAL May 16, Mayor To the Honorable and City Council Yeas-Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Takos. Nays-None. Proof of Publication, certified to by the Publisher, of Statement of receipts and a list of claims for which warrants were issued during the month of April 1963, presented and read. Councilman Schreiber moved that the proof of Publication be received and filed. Seconded by Councilman Horgan. Carried by the following vote: Yeas-Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Takos. Nays-None. 1963. Central Present-Mayor Kean, Council- men Horgan, Schaller, Schreiber, Takos. City Manager Gilbert D. Chavenelle. Mayor Kean read the call and stated that service thereof had been duly made and that this me~ting is called for the purpose of considering a request submitted by Fischer & Co. Inc. and Fischer Realty Company for the vacation of the alley which lies between Iowa and Main streets for a dis- tance of 168.6' northerly from Sec- ond Street and acting on any other business as may properly come be- fore a regular meeting of the City council. Communication of Dubuque County Bar Assn. submitting a res- olution adopted at their meeting of May 7th expressing their sup- port of any local Government ac- tion which will bring to this com- munity new Court facilities recit- ing several impelling reasons, pre- sented and read. Councilman Schreiber moved that the commu- nication be received and filed. Seconded by Councilman Horgan. Carried by the following vote: Yeas-Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Takos. Nays-None. Communication of Donald P. Mc- Ginn, architect and engineer, stat~ ing that his firm is interested in making a presentation of their qualifications if an architect has not been already selected to de- velop the proposal for a City-Coun- ty building, presented and read. councilman Takos moved that the communication be referred to the Council and a copy of same sent to the Dubuque County Board of Supervisors. Seconded by Council- man Schreiber. Carried by the fol- lowing vote: Yeas-Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Takos. Nays-None. A certified copy of a resolution adopted by the Board of Supervis- May 20, 7:30 P.M. Session, Special Council met at Standard Time. .-,."".-..,....,..",-- Special 144 147 filed. Seconded by Mayor Kean. Carried by the following vote: Yeas-Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Takas. Nays-None. Petition of A. E. Loetscher et al objecting to rezoning of S. 25' of Lot 4 and N. 105' of Lot 5 in Si. donia Hosford's Sub. to Multiple Family District Classification, pre. sented and read. Councilman Schreiber moved that the petition be referred to the Planning & Zon- ing Commission. Seconded by Councilman Schaller. Carried by the following vote: Yeas-Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Takas. Nays-None. Petition of Bideaux-Smith & Weber Insurance Agency request- ing the cancellation of the side- walk construction bond issued to Kenneth Mulert, presented and read. Councilman Schreiber moved that the pelition be granted. Sec- onded by Mayor Kean. Carried by the following vote: Yeas-Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Takos. Nays-None. Photostatic copy of petition sub- mitted by Charles H. Rhomberg requesling that the steps on 15th street from Bluff to Montrose be retained and maintained, present- ed and read. Mayor Kean moved that the petition be referred to the Park Board. Seconded by Councilman Schreiber. Carried by the following vote: Yeas-Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Takas. Nays-None. Mr. R. Winter of 1475 Montrose Terrace addressed the Council rel- ative to the condition of the 15th street steps by requesting imme- diate repair and removal of the barricades. Art Lape of 425 Loras Blvd. stated that the enlire step does not have to be replaced. The steps are used by people as far west as Loras College. He also sug- gested that the steps be repaired where necessary. Mr. Frank Kemp of 1449 Bluff St. stated that the people on Melrose Terrace are really fenced in. The steps have been in bad shape for sometime. PetitIon of Ben questing permission Special Session, May 20, 1963 the Tele- this 24th Councilman Schreiber moved the adoption of the Ordinance. Sec- onded by Councilman Horgan. Car- ried by the following vote: Yeas-Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Takos. Nays-None. , I Erschen reo to excavate in Councilman Schreiber moved that a public hearing be held on the proposed conveyance of the alley which lies between Iowa and Main street for a distance of one hundred sixty-eight and six-tenths feet northerly from Second Street on Monday evening June 17, 1963, "t 7:30 o'clock P.M. Daylight Sav- ing Time in the Council Chamber at the City Hall and that the Clerk be instructed to publish proper notice. Seconded by Coun- cilman Takos. Carried by the fol- lowlng vote: Yeas-Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Takas. Nays-None. Petition of Dubuque Armed l"vrces Advisory Committee re- questing permission to have a pa- nde on May 16 and parachute ill,liPS May 19, 1963, presented and read. Councilman Schreiber moved that the petition be received and ~wd MaIn Streets for a distance M one hundred sixty-eight and f_ix_tenths (168.6) feet northerly from Second Street. aU in the (~ity of Dubuque. Iowa, be and the same is hereby vacated, re- l:l8rving. however, all easements for water, sanitary sewer, electric power, telephone, television cable, gas and telegraph lines situated in said portion of said alley, and fllrther reserving the right of in- ~Te."R and egress to examine, re- pair, maintain, construct and re- construct said water, sanitary l:lewer, electric power, telephone, television cable, gas and telegraph lines. Section 2. That the City Clerk is hereby directed to record a certified copy of this Ordinance in the Office of the County Re- cOl'(ler of Dubuque County, Iowa. Passed, adopted and approved this 20th day of May, 1963. James J. Kean Mayor John P. Schreiber Louis Schaller Peter J. Takos Robert J. Horgan Councilmen Attest. Leo F. Frommelt City Clerk Published officIally in graph-Herald newspaper day of May, 1963. Leo F. Frommelt CIty Clerk 5-24 t. Session, May 20, 1963 munication be received and filed. Seconded by Co~ncilman Schrei. ber. Carried by the following vote: Yeas-Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Takos. Nays-None. Councilman Schreiber moved that the readmg just had be con- sidered the first reading of the Ordinance. Seconded by Council- man Horgan. Carried by the fol. lowing vote: Yeas-Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Takos. Nays-None. Councilman Schreiber moved that the rules be suspended re- quiring an Ordinance to be read on three separate days. Seconded by Councilman Horgan. Carried lJY the following vote: Yeas-Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Takos. Nays-None. ORDINANCE NO. 17-63 An Ordinance vacating that por- tion of the alley which lies be- tween Iowa and Main Streets for a distance of one hundred sixty-eight and six-tenths (168.6) feet northerly from Second Street, all in the City of Du- buque, Iowa, presented and read. Special especially during the winter sea- son. The building has an elevator to the rear and cannot be serviced from the Iowa street side when merchandise is unloaded for stor- age purposes. People owning or purChasing property in the down- town area must rely on access. His client could suffer a loss of up to $10,000 if he is forced to move and establish his business else- where in the community, despite the offer of purchase by the Fisch- er interests. He respectfully re- quested that the recommendation and request for application be de- nied. Attorney Eugene Wright, repre- senting the Fischer interests, stat- ed that the only way that the Jul- ien Motor Hotel project can be developed from an economic stand. point is to vacate the portion of the alley as requested. Mr. Van- Etten's clients still have access to the alley and as a practical mattcr deliveries to their building are very small. Mr. Cy Lampe, Fisch- er's representative, stated that the difference is only about $3000 that the negotiating parties are apart either in trade of buildings or out- right sale, to re-establish the Fin- eel & Schmidt radiator business. The Fischer interests have offered to help in every way but to date have received a very poor wel- come. 146 ORDINANCE NO. 17-63 An Ordinance vacating that por- tion of the alley which lies be- tween. Iowa and Main Streets for a distance of one hundred sixty~ eight and six-tenths (168.6) feet northerly from Second Street, all in the City of Dubuque, Iowa. 'WHEREAS, Fischer & Co., In- corporated, the owner of the Southerly 40 feet of Lot 194 in the Town (now City) of Dubuque, Iowa, according to the United States Commissioners' Map of the Survey of the Town of Dubuque, and Fischer Realty Company, the owner of Lots 5, 6, 7, 195, 196 and 196A In the City of Dubuque, Iowa, according to the United States Commissioners' Map of the Town (now City) of Dubuque. Iowa, have petitioned the City Council for the vacation of that portion of the alley which lies be. tween Iowa and Main Streets for a distance of one hundred sixty- eight and six-tenths (168.6) feet northerly from Second Street, all In the City of Dubuque, Iowa; and 'VHEREAS, the Planning and Zoning Commission has recom- mended such vacation; and ,VHEfiEAS, It is in the best pubiic interest that said portion of ~aid alley be vacated; Now Therefore Be It Ordained By The City Councll Of The City Of Dubuque, Iowa: Section 1. That that portion of the aU€'Y which lies between Iowa Mr. Mike Fincel addressed the Council stated that he has asked Fischer interests to provide a simi- lar facility. All they come up with is poor property in trade. Councilman Takas moved that the recommendation of the Plan- ning & Zoning Commission be ap- proved. Seconded by Mayor Kean. Carried by the following vote: Yeas-Mayor Kcan, Councilmen Horgan, Schaller, Schreiber, Takos. Nays-None. Communication of Fischer & Co. Inc. and Fischer Realty Company requesting that a proposed vacated alley, now platted as Lot A of Julien Hotel Plaza, and Lot B of Julien Hotel Plaza be conveyed to the Fischer Realty Company and Fischer & Co., respectively and requesting that proper notice of intent to convey be properly published, presented and read. Mayor Kean moved that the com- 149 ceptance of the dedication and ap- proval of the plat shall not be effective. approved this 20th KEAN Mayor JOHN P. SCHREIBER LOUIS SCHALLER PETER J. TAKOS ROBERT J. HORGAN Councilmen FROMMELT City Clerk To Leo F. Frommelt, City Clerk This is to certify that the se- curity required by the foregoing Resolution No. 92-63, has been pro- vided by the Owner. Dubuque, Iowa, July 12, 1963. Gilbert D. Ghavenelle City Manager Acceptance of Resolution No. 92-63 We, Henry J. Kieffer, President and Arnold J. Van Etten, Secre- tary of Orchard Park, Ine., having read the terms and conditions of the foregoing Resolulion No. 92- 63 and being familiar with the contents thereof, hereby accept the same and agree to perform the conditions therein required. ORCHARD PARK, INC. Henry J. Kieffer, Pres. Arnold J. Van Etten, Secy. g. To construct the foregoing improvements in accordance with plans and specifications approved by the Oity Manager and under the inspection of the City Engineer. h. To maintain the street im- provements for a period of four (4) years from the date of their acceptance and to maintain the sanitary sewer and water main for a period of four (4) years from the date of its acceptance. and can J. Passed, adopted by recorded roll day of May, 1963. JAMES LEO F. Special Session, May 20, 1963 Attest: Session, May 20, 1963 of Lot 5 of Mineral Lot 312 and Lot 2 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 4 of Min- eral Lot 312 an in the City of Dubuque, Dubuque County, Iowa, is platted as Lots 7 to 13 of Block 3, and Lots 2 ot 5 of Block 4 in "Orchard Hills" in the City of Du- buque, Dubuque County, Iowa, by Orchard Park, Inc. as Owner there- of, and said plat has been exam- ined by the City Plan Commission and approved by said Body; and upon said plat appears a street to be known as Orchard Drive and also easements for public utilities which the Owner upon said plat has dedicated to the public for- ever; and Whereas said plat has been found by the City Council to con- form to the Statutes and Ordi- nanCes relating thereto except that the street has not been re- duced to grade or paving, sewer or water services or sidewalks in- stalled therein; Now Therefore Be It Resolved by The City Council of the City of Dubuque, Iowa: Section 1. That the dedication of Orchard Drive together with the easements for the public utilities as the same appears upon said plat be and the same are hereby accepted and that said street be and is hereby established as a pub- lic street in the City of Dubuque, Iowa. 1 . Councilman Schreiber moved the adoption of the resolution. Second- ed by Councilman Horgan. Carried by the fonowing vote: Yeas-Mayor Kean, Councilmen Horgan, SchaUer, Schreiber, Ta- koso Nays-None. RESOLUTION NO. 93-63 Whereas it is the responsibility of the government of the City of Dubuque to secure the health, safe- ty and welfare of the citizens of Dubuque and whereas the govern- ment of the City of Dubuque stands ready to cooperate in the furtherance of these goals; There- fore Be It Resolved that the City Council of the City of DUbuque extend its official thanks to an organizations and to aU citizens in particular and in general for the successful completion of the Sabin Polio Program. b. To surface Orchard Drive as the same appears upon said plat for a width of 30 feet from curb face to curb face, with 8" rolled stone base, 2%" hot mixed, hot laid asphaltic concrete surfacing and with concrete curb and gut- ter; all the foregoing shall be con- structed according to the latest City of Dubuque specifications. c. To install concrete sidewalks on both sides of Orchard Drive in accordance with City of Dubuque Standard Specifications for Per- manent Sidewalks. d. To install water mains in ac- cordance with plans submitted with the pial. sewers in submitted f. To install sanitary sewer and water house laterals for each lot from the main to the property line. 17, 1963 To the Honorable and City Council, Gentlemen: Herewith submitted for your consideration is subdivision plat of Lots 7 to 13, Block 3 and Lots 2 to 5, Block 4 in part of Orchard Hills Subdivision in the City of Dubuque. This plat has been approved by the Planning and Zoning Commis- sion. i. To provide the foregoing con- struction and maintenance at the expense of the Owner. j. To construct said improve- ments, except sidewalks, prior to November 1, 1964. prior and further provided that Or- chard Park, Inc., as Owner of said Subdivision secure the per- formance of the foregoing condi- tions by providing security in such sum and with such sure- ties as may be acceptable to the City Manager. Section 3. That in the event the said Orchard Park, Inc., shall fail to execute the acceptance and pro- vide the surety provided for in Section 2 hereof within forty-five (45) days from the date of this Resolution, the provisions hereof shall be null and void and the ac- e. To install sanitary accordance with plans with the plat. May Mayor k. To construct sidewalks to November 1, 1965. Special Van Buren street (10 year street) to make proper sewer connections, presented and read. Councilman Schreiber moved that the petition be referred to- the City Engineer. seconded by Councilman Horgan. Carried by the following vote: Yeas-Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Takos. Nays-None. Petition of Fischer Investment Co. requesting purchase of Lot B-12 in Booth's Addn., said area being vacated on October 7, 1957, making an offer of $390, presented and read. Councilman Horgan moved that negotiations continue with the City Manager toward a solution to the problem after some difficulty arose as to the amount of the offer. Seconded by Mayor Kean. Carried by the following vote: Yeas-Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Takos. Nays-None. Seclion 2. That the plat of the Subdivision of Lot 1 of Lot 1 of Lot 6 of Mineral Lot 312, Lot 2 of Lot 1 of Lot 5 of Mineral Lot 312 and Lot 2 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 4 of Mineral Lot 312 all in the C:ty of Dubuque, Dubuque County, Iowa, which will hereafter he known as Lots 7 to 13 of Block 3, and Lots 2 to 5 of Block 4 of "Orchard Hills" in the City of Dubuque, Dubuque County, Iowa, is hereby approved and the Mayor and City Clerk are hereby au- thorized and directed to endorse the approval of the City of Du- buque upon said plat, providing that the Owner of said Property hereinbefore named executes his written acceptance hereto at- tached, agreeing: a. To reduce Orchard Drive to grade as shown by the profiles submitted with the plat. Respectfully submitted, Dubuque Planning & Zoning Commission By Owen Riley, Secretary Councilman Schreiber moved that the communication be re- ceived and filed. Seconded by Ma- yor Kean. Carried by the follow- ing vote: Yeas-Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Ta- koso Nays-None. RESOLUTION NO. 92-63 Resolution approving the Plat of Lots 7 to 13, Block 3, and Lots 2 to 5, Block 4, in Orchard Hills Subdivision In the City of Du- buque, Iowa. Whereas, there has been filed in the office of the City Clerk a plat in which Lot 1 of Lot 1 of Lot 6 of Mineral Lot 312, Lot 2 of Lot 1 ~_. 148 t 151 allowed to deteriorate through weather and vandalism to the ex~ tent that same has become a detri- ment to the neighborhood, a haz- ard to adjoining owners, an attrac- tive nuisance for children and vandals, and a very definite fire hazard to the general neighbor- hood. Windows are broken, frames are missing, doorways are ajar and the inside is cluttered with household items in a great state of disarray. The half story or attic section is full of combustible storage that has accumulated and been saved by the previous tenants through the years. The wiring is open in places, fixtures are missing, the plumbing fixtures are old and di- lapidated. The garage section in the rear' is in danger of cOllapse and could spill out in the street. The owners and interested par- ties have been contacted but due to the legal standing of this prop- erty, which is in an estate, none will spend any money to protect the buildings. The conditions as exist tOday are serious, detrimental and a haz- ard to all the immediate area and extremely unattractive to the gen- eral public. We recommend that immediate action be taken to rectify this dan- gerous condition. Donald J. Bandy, Building Commissioner Thomas C. Hickson, Fire Chief Arthur J .Miller, Sanitary Inspector After receiving this report I personally inspected the premises. As a result of this inspection on April 25, 1963 1 prepared the fol- lowing notice. Apri NOTICE Matilda Hartzman, Dubuque, Iowa Abraham Hartzman, Dubuque, Iowa Harold Hartzman, 2802 W. Altgeld, Chicago, Illinois Danield Hartzman, 1370 W. Estes, Chicago 26, Illinois American Trust and Savings Bank Executor of Estate of Morris Hartzman James R. Bullard, Trust Officer, Dubuque, Iowa I have personally inspected the property located on the East 115' of Lot 760 A. McDaniels Sub. in 1963 25, Regular Session, June 3, 1963 CITY COUNCIL OFFICIAL 3, 1983. p.m. D.S.T. Schaller, Manager Absent-Mayor man Horgan. Councilman Schaller moved that Councilman Schreiber be ap- pointed Presiding Officer Pro Tern in the absence of Mayor Kean. Seconded by Councilman Takos. Carried by the following vote: Yeas - Councilmen Schaller, Schreiber, Takos. Absent-Mayor man Horgan. Nays-None. Presiding Officer Pro Tern Schreiber read the call and stated that service thereof had been duly made and that this is the regular monthly meeting of the City Council for the purpose of acting upon such business as may properly come before the meet- ing. Council 1963 To the Honorable and City Council, Dubuque, Iowa Gentlemen: During the past months many complaints have been received re- garding the condition of buildings located at 1189 aud 1191 Bluff Street on the east 115 feet of Lot 760 A. McDaniels Subdivision. I directed the various City De- partments to make a complete in- spection of this building and prem- ises. This inspection was made April 17, 1963 and the following is the report. 24, 1963 23, Mr. Gilbert D. City Manager Dubuque, Iowa On April 17, 1963, an inspection was made of a two and one-half story brick multiple family dwel- ling located at 1189 and 1191 Bluff Street on the East 115 feet of Lot 760 A. McDaniels Subdivision. This building has been vacant for some time and due to lack of supervis~on and any maintenance, ar protective measures by the own- ers or interested parties, has been Counci ~- Kean, May Mayor April Chavenelle Session, June 7:30 Regular Council met at Present-Councilmen Schreiber, Takas. City Gilbert D. Chavenelle. Kean, 1963 Approved ..1983. Adopted . ....................1983. .................. .................. - r--- .......................... .......................... Attest ............................... City Clerk Session, May 20, There being no further business Mayor Kean moved to adjourn. Seconded by Councilman Horgan. Carried by the following vote: Yeas-Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Takos. Nays-None. LEO F. Mr. John Walsh addressed the Council requesting permission to use the area between 8th and 9th on Main on May 30th from 3 P.M. to 1 A.M.; May 31st 9 P.M. to 1 A.M.; June 1st 9 P.M. to 12 P.M. for the purpose of holding a street dance and Button Sales for the benefit of the Julien Dubuque Carnival Days. Councilman SchaUer moved that the request be referred to the City Manager, Traffic Department and Mr. Walsh. Seconded by Mayor Kean. Carried by the following vote Kean, Councilmen Schreiber, Takos. Councilman Schreiber moved the adoption of the resolution. Sec- onded by Councilman Horgan. Car- rie~ by the following vote: Yeas-Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Takas. Nays-None. Passed, adopted and approved this 20th day of May 1963. JAMES J. KEAN Mayor JOHN P. SCHREIBER LOUIS SCHALLER PETER J. TAKOS ROBERT J. HORGAN Councilmen LEO F. FROMMELT City Clerk FROMMELT City Cierk Special Yeas-Mayor Horgan, Schaller, Nays-None. 150 Attest