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1963 June Council Proceedings 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 comhustible 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. 'I . 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 I prepared the fol. lowing notice. April 25, 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 Session, June 3, CITY COUNCIL OFFICIAL Regular Session, June 3, 1963. Council met at 7:30 p.m. D.S.T. Present-Councilmen Schaller, Schreiber, Takos. City Manager Gilbert D. Chavenelle. Absent-Mayor Kean, Council- 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. May Mayor 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 aud the following is the report. 1963 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 aud 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, or protective measures by the own. ers or interested parties, has been 1963 Regular 1963 Council 23, April 24, Chavenelle Kean, .~ 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 FROMMELT City Clerk ...........1963. ..1963. 1963 20, Approved Adopted Session, May Special 150 Councilmen Attest ................city...ci~~k. LEO F. Councilman Schre the adoption of the re, onded by Councilman ried by the following Yeas---..:'M.ayor Kean, Councilmen Horgan, Schaller, Schreiber, Takos. Nays-None. 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 I 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 Schaller moved that the request be referred to the City Manager, Traffic Department and Mr. Walsh. Seconded by Mayor Kean. Carried by the following vote: iber moved solution. Sec. Horgan. Car- vote: Attest: Kean, Councilmen Schreiber, Takos. There being no further business Mayor Kcan moved to adjourn. Seconded by Councilman Horgan. Carried by the following vote: Yeas-Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Takos. Nays-None. LEO F. FROMMELT City Clerk Yeas-Mayor Horgan, Schaller, Nays-None. Commission recommends of the petition. Respectfully submitted, Dubuque Planning & Zoning Commission R. D. WALLER Chairman Presiding officer pro tern Schreiber moved that the recom- mendation of the Commission be approved. Seconded by Council- man Schaller. Carried by the fol- lowing vote: Yeas-Presiding officer pro tern Schreiber, Councilmen Schaller, Takas. Absent-Mayor Kean, Council- man Horgan. Nays-None. COUNCILMAN HORGAN EN- TERED THE COUNCIL CHAMBER AT 7:40 P.M. AND TOOK HIS REGULAR PLACE AT THE COUN. CIL TABLE. 153 de- To the Honorable and City Council, Gentlemen: The petition of Third Presby- terian Church located at Stafford Ave. and Garfield Ave. requesting rezoning of their property to La. cal Business District B has been considered by the Planning and Zoning Commission. This property is located in a residential area and the only rea. son advanced for the rezoning was it might be easier to sell. The Planning and Zoning Com. mission recommends denial of the petition. Respectfully submitted, Dubuque Planning & Zoning Commission R. D. WALLER Chairman 1963 3, June Mayor 1963 June To the Honorable Mayor and City Council, Gentlemen: The petition of Phil Powers re- questing several types of rezoning along part of Asbury Road and Old Timers Road has been con- sidered by the Planning & Zon- ing Commission. After careful consideration the Commission feels that some rezon- ing would be only fair to Mr. Powers on the corner of the Old Timers and Asbury Roads. But to rezone the areas requested it does not appear feasible at this time. Therefore the Planning & Zon- ing Commission recommends de- nial of the petition. Respectfully submitted, Dubuque Planning & ing com~i.~:~ R. D. WA Chairman Zon- Councilman Takos - moved that the recommendation of the com- mission be approved. Seconded by Presiding officer pro tern Schreib- er. Carried by the following vote: Yeas-Presiding officer pro tern Schreiber, Councilmen Schaller, Takos. ' Kean, Council Absent-Mayor man Horgan. Nays-Non Presiding officer pro t e m Schreiber moved that the recom- mendation of the Commission be approved. Seconded by Councilman Schaller. Carried by the following vote: Yeas-Presiding officer Schreiber, Councilmen Schaller, Takos. Nays-None. Absent-Mayor Kean. pro tern Horgan, 1963 Gentlemen: The petition of J. J. Duggan and Richard Henschel requesting rezoning of property along the pro- posed Old Timers Road by pass west of Kelly Lane has been con- sidered by the Planning & Zoning Commission. I May 24, 1963 Hon. Mayor & City Council City Hall Gentlemen: On March 17, 1960, Rosemary Adams filed claim against the City ~ The Commission after careful study is reluctant to rezone an area without definite access even though the anticipated plan is feasible for the by pass road. Therefore the Planning and Zon- 1963 June 3, ing nial 3, June 3, Mayor , To the Honorable and City Council, r~- Session, ed by Councilman Takos. Carried by the following vote: Yeas-Presiding officer pro tern Schreiber, Councilmen Schaller, Takos. Absent-Mayor man Horgan. Nays-None. Council- Policy States Loras Beadle, Policy No. ML 635-228, American States Ins. Co. Fischer and Company, Inc., Poli- cy No. CL 856712, Bituminous Cas- ualty Co. Fondell & Sons, Inc., Policy No. ML 297691, W.S. Fidelity & Guar- anty Co. Respectfully suhmitted, GILBERT D. CHAVENELLE City Manager Councilman Schaller moved ap- proval of filing subject to the ap- proval of the City Solicitor. Sec- onded by Presiding officer pro tern Schreiber. Carried by the follow- ing vote: Yeas-Presiding officer pro tern Schreiber, Councilmen Schaller, Takas. Absent-Mayor man Horgan. Nays-None. 1963 31 May Mayor Gentlemen: A request for the addition of a street light on Bluff Street be. tween 10th and 11th Streets was received by the City Manager's of- fice, from the Library Board. Upon investigation by the Elec- trical Inspector, it is recommend- ed that this request be granted. This additional light will give ueeded lighting to the adjacent parking lot. Respectfully submitted, GILBERT D. CHA VENELLE City Manager Councilman Schreiber moved that the recommendation of the City Manager be approved. Second. To the Honorable and City Council Counc May 31, To the Honorable Mayor and City Council, Gentlemen: This is to advise that I have approved the following bonds and policies and desire to have your approval on same, subject to the approval of the City Solicitor: & Guar- Ohio ~""''' Regular Kean, Council EXCAVATION Company, American Kean, Curtis-Straub No. CL 636.357, Ins. Co. According to City Ordnance No. 35.52, you are hereby given ten (10) days notice to dismantle the buildings and clean up the prem- ises. Yours very truly, GILBERT D. CHA VENELLE City Manager This Notice has not been com. plied with and I recommend to the City Council that the provis- ions of Ordinance No. 35-52 be enforced and that the owners of said buildiugs located at 1189 aud 1191 Bluff Street aud being on the east 115 feet of lot 760 A. McDaniels sub. in the City of Du- buque, Iowa, be required to dis- mantle said buildings and clean up the premises. Respectfully submitted, GILBERT D. CHA VENELLE City Manager Councilman Takos moved that the recommendation be approved and that the Clerk publish proper notice of a pUblic hearing to be held on July I, 1963, at 7:30 0', clock p.m. D.S.T. in the Council Chamber at the City Hall. Second- ed by Councilman Schaller. Car- ried by the following vote: Yeas-Presiding officer pro tern Schreiber, Councilmen Schaller, Ta- koso Absent-Mayor man Horgan. Nays-None. 1963 Kean, The June 3, 1963 James J. Scholl ty Co. of N.Y. Clarence (Barney) eye Security Ins. Co. John Byrne, American Surety Co. of N.Y. Carl Hirsch, Western Surety Co. W. H. Klauer and Associates, American Surety Co. of N.Y. Heitzman Construction Company, United Pacific Ins. Co. SIDEWALK Fidelity Lyle Kopp, U.S. anty Co. Kennelh Schromen, Casualty Ins. Co. American SUre- Hawk- Grutz, Regular Session, the City of Dubuque, Iowa and known as 1189 and 1191 Bluff Street and find the conditions as they have been reported to me by the Building Commissioner, Sani- tary Inspector and the Fire Chief, substantially correct. A copy of whose report is hereto attached and by reference made a part here- of. 152 Presiding officer pro tern Schreiber moved that the reading just had be considered the second reading of the Ordinance. Second- ed by Councilman Takas. Carried by the following vote: Yeas-Presiding officer pro tern Schreiber, Councilmen Horgan, Schaller, Takos. Nays-None. Absent-Mayor Kean. Councilman Takos moved that the rules be suspended in order to let anyone present address the Council if they so desire. Seconded by Councilman Schaller. Carried by the following vote: Yeas-Presiding officer pro tern Schreiber, Councilmen Horgan, Schaller, Takos. Nays-None. Absent-Mayor Kean. Mr. Eldon Pfohl of 2591 Central Ave. read the following statement to the City Council. June 3, 1963 To the Honorable Mayor and City Council of Dubuque, Iowa Concerning the proposed Mini- mum Housing Standards Ordi- nance. So that the People of Du- buque will have a good law with precision of thought, consistency of language, and enforcibility of its purpose, I, Eldon A. Pfohl, a citizen, residing at 2591 Central Avenue propose the following changes and additions and omis- sions to the above Ordinance. Yellow cover page. Sefore the first line place the word "General"- Before the third line place the word "Specific"- In line six substitute word "all" for the word "residential" and after word "dwellings" add the words "and their premises". Page 1. Para. 1- line 2-Sub. "all" for "residen- tial" line 4-After word "dwel- lings" add words "and prem- ises" line 8-After word udwel_ lings" add "and premises". Para. 2 line 1-0mit "dwelling structures" and sub. "dwell_ ings and premises." Para. 3 line 2-0mit "dwelling structures" and sub. "dwell- ings and premises." Para. 3 line 3--0mit Hresidential areas" and sub. "all districts, irrespective of zoning." 155 1963 June 3, Session, notice and pe. returned here. Presiding officer pro e m Schreiber moved that the recom- mendation of the City Solicitor be approved and the Auditor instruct- ed to draw proper warrant. Sec- onded by Councilman Takos. Car- ried by the following vote: Yeas-Presiding officer pro tern Schreiber, Councilmen Horgan, Schaller, Takos. Nays-None. Absent-Mayor Kean. Notice of claim of Mrs. Julia Libansky, in an undetermined amount, for personal injuries re- ceived in a fall at the corner of the Telegraph Herald huilding on May 16, 1963, presented and read. Presiding officer pro tern Schreib- er moved that the claim be re- ferred to the City Solicitor for in- vestigation and report. Seconded by Councilman Takos. Carried by the following vote: Yeas-Presiding officer pro tern Schreiber, Councilmen Horgan, Schaller, Takos. Nays-None. Absent-Mayor , . ORDINANCE NO. 13-63 An Ordinance establishing mini- mum standards governing the con- dition and maintenance of resi- dential dwellings; Establishing minimum standards governing sup- plied utilities and facilities and other physical things and condi. tions essential to make dwellings safe, sanitary and fit for human habitation: Determining acceptable occupancy for space: Establishing minimum standards governing the condition of dwellings offered for rent: Fixing certain responsibilities and duties of owners and occupants of dwellings: Authorizing the in. spection of dwellings, and the con- demnation of dwellings unfit for human habitation: Providing for the issuance of permits: And fixing penalties for violations of its pro- visions, said ordinance having been previously ordered placed on file for thirty day inspection at the Council meeting of May 6, 1963. Copy of original tition attached is with. Respectfully submitted, R. N. RUSSO City Attorney ~ . Regular Kean. June 3, 1963 took a defense of said action against the City of Dubuque. The above entitled action against the City of Dubuque was dismissed at no expense to the City. A photocopy of the dismissal with prejudice is attached hereto. Respectfully submitted, R. N .RUSSO City Attorney Presiding officer pro tern Schreiber moved that the communi- caion be received and made a mat- ter of record. Seconded by Coun- cilman Takas. Carried by the fol. lowing vote: Yeas-Presiding officer Schreiber, Councilmen Schaller, Takos. Nays-None. Absent-Mayor June 1, 1963 Honorable Mayor & City Council City Hall Re: Mary Kretz vs. City of Dubuque St. Mary's Church Law No. 37363 Gentlemen: On March 4, 1963 Mary Kretz as plaintiff filed action against the City of Dubuque and St. Mary's Church, Dubuque, Iowa, claiming damages in the amount of $18,- 897.30 for damages allegedly suf- fered on or about March 2, 1962, claiming negligence on the part of the City of Dubuque and per. mitting rocks and debris to be piled between the curb and sidewalk. at East 16th Street at a point ap- proximately fifty feet East of the Southeast corner of East 16th Street and White Street. pro tern Horgan, Kean. Session, June 3, 1963 & City Couucil Respectfully submitted, R. N. RUSSO City Attorney Presiding officer pro t e m Schreiber moved that the communi- cation be received and made a matter of record. S'~conded by Councilman Takos. Carried by the following vote: Yeas-Presiding officer Schreiber, Councilmen Schaller, Takos. Nays-None. Absent-Mayor Kean. pro tern Horgan, The action at law by Rosemary Adams, plaintiff, against City of Dubuque as defendant was tried in the District Court of Dubuque County, Iowa, aud on the 23rd day of May 1963, a jury verdict was returned in favor of defendant. notice with herein en- of Dubuque claiming damages in undetermined amount as a result of a fall upon the sidewalk abut- tiug the property between 674 aud 698 Lowell Street in the City of Dubuque, Iowa, alleging defec- tive condition thereon on the 20th day of February, 1960, as causing her fall, which condition consisted of an accumulation of ice and snow, and thereafter Rosemary Adams served notice of action at law for damages upon the City of Dubuque, Iowa. Honorable Mayor City Hall Re: Frank Pusateri, as next friend Michael Pusateri, a Minor Law No. 36241 Regular Original claim and petition attached is closed. 154 I have made an investigation of the foregoing action at law and plaintiff has made an offer of set. tlement in the amount of $1500.00. oue-half to be payable by the City of Dubuque and the other half hy the co-defendant, and it is the rec- ommendation of the City Attorney that said offer of settlement be accepted and that the City Auditor be instructed to draw a warrant payable to Mary-- <Iuetz, in the amount of $750.00 and to deliver the same to the City Attorney for payment upon receipt of duly exe- cuted release and dismissal of ac- tion #37363 pending in the District Court of Dubuque County, Iowa. of Gentlemen: On the 8th day of November 1959, Frank Pusateri, as next friend of Michael Pusateri, a min- or, filed action at law in the Dis- trict Court of Dubuque County, Iowa claiming damages against the City of Dubuque, claiming an un- lighted barricade at a street re- pair site resulting in damages suf. fered by the said Michael Pusateri, which claim was in the amount of $......... The site of the alleged accident was under construction by the Chicago, Milwaukee, St. Paul & Pacific Railroad Co., who under- 157 that the petition be referred to the Planning & Zoning Commission. Seconded by Councilman Takas. Caried by the following vote: Yeas-Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Takas. Nays-None. Petition of Ralph Macker et al objecting to the issuance and trans- fer of a class "E" beer permit to Clarence Hagge Jr. at 1415 Rhom- berg Ave., presented and read. Councilman Schaller moved that the petition be received and filed. Seconded by Councilman Takas. Carried by the following vote: Yeas-Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Takas. Nays-None. Mrs. Clarence J. Hagge Jr. ad- dressed tbe Council by stating tbat they bought the property at 1415 Rhomberg Ave. in 1962. They were not aware of the feeling in the neighborhood. There has been a business at this location since 1920. As to traffic she was sure that it would be no more than for a grocery store. All business places on Rhomberg Avenue have limited parking. Mr. L. Kartman of 1403 Rhom. berg objected to the use of the building at 1415 Rhomberg as a beer store. It would create too much traffic in the alleys and the building is less than three hundred feet from the school. Petition of Terry Schwennsen et al objecting to the rezoning of the area at Asbury and Old Timers Road, presented and read. Council- man Schreiber moved that the peti- tion be referred to the recommen- dation previously submitted by the Planning & Zoning Commission. Seconded by Mayor Kean. Carried by the fOllowing vote: Yeas-Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Takas. Nays-None. Petition of Tri.State Paint et aI objecting to the operational meth. ods employed at Sally's Tap located at 1563 Central Avenue, presented and read. Councilman Schreiber moved that the petition be referred to the City Manager and Building Commissioner. Seconded by Coun- cilman Schaller. Carried by tbe fOllowing vote: Yeas-Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Takos. Nays-None. June 3, 1963 Regular Session, West 80' of Lot 376 Davis Farm Addition to Local Business District "A" Classification, Said Ordinance having been previously presented and read at the Council meeting of May 6, 1963, presented for final adoption. (OFFICIAL PUBLICATION) Ordinance No. 14-63 An Ordinance Amending the Zoning Map and Zoning Ordinance known as Ordinance No. 3-34 of the City of Dubuque 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 East 70' of West 80' of Lot 376 Davis Farm Addition to Local Business Dis- trict "A" Classification. Be It Ordained by the C i t Y Councll of the City of Dubuque, Iowa. Section 1. That the Zoning Map and Zoning Ordinance known as Ordinance No. 3-34 of the City of Dubuque be and the same is here- by amended by changing 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 Addi- tion from their present Multiple Family District Classification to Local Business District "A" Classi- fication. Section 2. This Ordinance shall be in full force and effect from and after its final passage, adop- tion and publication as by law provided. Introduced the 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 3rd day of June, 1963. JAMES J. KEAN Mayor ,JOHN P. SCHREIBER LOUIS SCHALLER PETER J. TAKOS ROBERT J. HORGAN Councilmen 11.6-7. Councilman Schreiber moved the adoption of the Ordinance. Second- ed by Councilman Takos. Carried by the following vote: Yeas-Mayor Kean, Councilman Horgan, Schaller, Schreiber, Takas. Nays-None. Petition of George N. and Adelle M. Giellis requesting rezoning of the area hetween 15th and 16th streets and between Main street and the alley first west of Main Street to Multiple Residence Dis- trict Classification, presented and read. Councilman Schreiber moved Attest: Leo F. Frommelt City Clerk Published officially in The Tele- graph-Herald Newspaper this 7th day of June 1963. Leo F. Frommelt City Clerk ~I June 3, 1963 buque in this matter) as law with. out enforcement is useless. A pro cedure without a timetable is just as useless. Councilman Schaller moved that the statement be received and made a matter of record. Seconded by Presiding officer pro tern Schreiber. Carried by the following vote: 't , Presiding officer pro tem Schrei- ber, Councilmen Horgan, Schaller, Takos. Nays-None. Absent-Mayor Kean. After considerable discussion Councilman Takos moved that Mr. Pfohl be afforded an opportunity to meet with the Building Commis- sioner and or the Committee. Seconded by Councilman Horgan. Carried by the following vote: Pesiding officer pro tem Schrei. ber, Councilmen Horgan, Schaller, Takos. Nays-None, Absent-Mayor Kean. Mayor Keen entered the Council Chamber at 8:10 P.M. and took his regular place at the Council Table. Proof of Publication, certified to by the Publisher, of notice of pub- lic hearing to consider proposal to amend the Zoning Map and Zoning Ordinance on the east 70' of West 80' of Lot 375 and the West 10' of East 100' of Lot 375 and the East 70' of West 80' of Lot 376 Davis Farm Addition from the present Multiple Family District to Local Business District "A" Classifica. tion, presented and read. No written Objections were filed and no objectors were present in the Council Chamber at the time set for tbe public heariug. Councilman Horgan moved that the proof of publication be received and filed. Seconded by Councilman Schaller. Carried by the following vote: Yeas-Mayor Kean, Councilmen Horgan, Schaller, 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 Dubuque 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 Session, Para. 4 line 1-0mit "dwelling struc. tures" and sub. "dwellings"- "dwellings" add "and the City of Dubuque." line 2-Omit "Residential are- as' and sub. "all districts." Page 2. Sac. I. 1.1 Line 3-Omit "residential buildings" and sub. "all dwell- ings," Page 3. 2.9-Define the word "Dis- trict" according to Ordinance No. 3-34, Article 1. "Define the word "Junk" used under NUISANCES - Page 4 and also under PROHIBITED USES-Page 16. (Here is a suggested definition of the word JUNK according to Ordinance No. 4-33) Junk shall mean scrap metals, used lumber, rags, paper, bot- tles, tinware, furniture, used plumbing and electrical ma- terials, used auto parts or tires, inoperable or partly dis- mantled vehicles, trailers and machinery and motors. Also, Junk can mean any debris or items which distract from the attractiveness or liv- ability of dwellings and their premises. Page 4. 2.21-Place word "Public" be- fore "nuisances" at end of sentence. Under (b) replace "children" with "human be. ings," Add "on the premises" after building. Omit "fence" after "trash," Add "or junk" after "vegetation." Substitute "to human beings" for "for in. quisitive minors." Under (h) add "including noise, fumes, dust, and smoke." - Omit Due to a lack of time, my remain. ing suggestions will be expressed verbally at the Council Meeting, June 3, 1963, or upon request of the Council will be put in writing for further consideration. At this point I also raise the question of enforcement of this Ordinance bas. ed on a definite procedure and timetable, (In other words - the responsibility of the City of Du. Regular 156 Page 14. 5.IG-Heat Furnished entire paragraph. . ~ ..".....-....;,.......- ,:~ , ~ 159 reconstruction or maintenance of said overhead bridge or in settle- ment of any such claim. Permittee further agrees to investigate and defend any such claim at its own expense, and on behalf of the City. Section 3. This Resolution shall be in full force and effect from and after its final adoption and the acceptance of the terms and conditions hereof by the permit- tee. Section 4. That upon the adop- tion of this Resolution and the acceptance thereof by permittee, the City Clerk be and he is hereby authorized and directed to record a certified copy hereof with the County Recorder of Dubuque County, Iowa. Passed, adopted and approved this 3rd day of June A.D. 1963. JAMES J. KEAN Mayor JOHN P. SCHREIBER LOUIS SCHALLER PETER J. TAKOS ROBERT J. HORGAN Councilmen LEO F. FROMMELT City Clerk Interstate Power Company, hav- ing read the foregoing Resolution No. 94-63, and being familiar with the terms and conditions there,f, does hereby for itself, its succes- sors or assigns, accept and agree to, all of the terms and conditions of said Resolution. Dated at Dubuque, 7th day of June, 1963. INTERSTATE POWER CO. M. L. KAPP President C. W. EDMONDS Secretary (Interstate Power Company) C Corporate Seal ) 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, Takos. Nays-None. this Proof of Publication, certified to by the Publisher, of Notice of Pendency of Resolution of Neces- sity for public improvements and Attest. ACCEPTANCE OF RESOLUTION NO. 94-63 Iowa, June 3, 1963 Session, Section 1. That Interstate Power Company, its successors or assigns, be and it is hereby granted permis- sion to reconstruct and convert the pre s e n t enclosed overhead bridge spanning the alley between Lot 37 and Lot 164A in the original townsite of Dubuque, Iowa, from a single deck to a double deck structure, upon the fOllowing terms and conditions Ca) That said structure will be con- structed in accordance with the plans now on file and under the supervision and in- spection of the Building Com- missioner; That said permission shall be subject to the continuous con- trol of the City Council and the City Council reserves the right to impose restrictions and conditions upon the en- jOj-ment thereof as it may deem necessary in the public interest, including the right to revoke and rescind such permission Should such permission be rescinded or revoked, Inter- state Power Company shall, within one year after receipt from the City of Dubuque of written notice so to do, at its own expense, remove said structure; and in the event of its failure so to do, per- mittee authorizes the City of Dubuque to remove said struc- ture at permittee's expense, assess the cost thereof against the premises, destroy the ma- terials, and neither permittee, nor its successors or assigns shall have any claim against said City or any of its agents for any damages resulting from the removal of said struc- ture. Section 2. As a further consid- eration of the privileges granted herein, Interstate Power Company, its successors and assigns, assume any and all liability for damages to persons and property which mav result from the reconstruction or . maintenance of said proposed overhead bridge. The permittee, its successors or assigns, at its own expense, agrees to pay on behalf of the City of Dubuque, all sums which the City of Dubuque may b::-come obligated to pay by reason of any claim arising out of the Regular Cb) (c) June 3, 1963 94-63 WHEREAS, Interstate Power Company has filed an application with the City Council requesting permission to reconstruct and con- vert the present enclosed overhead bridge spanning the alley between Lot 37 and Lot 164A in the original townsite of Dubuque from a single deck to a double deck structure; and WHEREAS, detailed plans of said double-deck structure have heretofore been submitted to the Building Commissioner of the City of Dubuque, Iowa, have been ex- amined by said Commissioner and approved by him; and WHEREAS, the City Council is of the opinion that said request shouid be granted; NOW, THEREFORE, be it solved by the City Council of City of Dubuque: conjunction with the summer car- nival festivities, presented and read. Councilman Schreiber moved that the petition be referred to the City Manager. Seconded by Councilman Schaller. Carried by the following vote: Yeas-Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Takas. Nays-None. Petition of Dock Commission re- questing a joint meeting with the City Council to discuss plans for a transmission line change pro- posed by Interstate Power Co., presented and read. Councilman Schreiber moved that the petition be referred to the Council to have the Mayor set the date for tbe meeting. Seconded by Councilman Horgan. Carried by the following vote: Yeas-Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Takos. Nays-None. Petition of Interstate Power Co. requesting permission to recon- struct and convert the present enclosed overhead bridge connect- ing its new office building with the old one in the alley at 10th street, presented and read. Coun- cilman Schreiber moved that the petition be granted. Seconded by Mayor Kean. Carried by the fol- lowing vote: Yeas-Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Takas. Nays-None. RESOLUTION NO. reo the Session, Petition of Michael and Mary Ann Sand Objecting to the pigeon nuisance in the area of 2875 Wind- sor Avenue, presented and read. Councilman Schreiber moved that the petition be referred to the City Manager and Sanitary Inspec- tor. Seconded by Councilman Schal- ler. Carried by the following vote: Yeas-Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Takos. Nays-None. Petition of N. W. Bell Telephone Co. requesting permission to ex- cavate in the alley between 6th and 7th between Locust and Main Streets to repair a damaged cable, presented and read. Councilman Schreiber moved that the petition be granted. Seconded by Mayor Kean. Carried by the following vote: Yeas-Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Takos. Nays-None. Petition of John F. Weidemann requesting a refund of $100 on the unexpired portion of Class "B" beer license No.7, as he has discontinued business on May 21, 1963, presented and read. Council- man Schreiber moved that the petition be granted and the Audi- tor instructed to issue a warrant in the amount of $100 payable to John F. Weidemann to cover the amount due on the unexpired por- tion of beer license NO.7. Second- ed by Councilman Schaller. Car- ried by the following vote: Yeas-Mayor Kean, Councilmen Horgan. SchaUer, Schreiber, Takos. Nays-None. Petition of Dubuque Summer Carnival requesting permission to have a parade, beer permit, fire- works permit, street sales, fence off pat of City Island, light vigil fire at Julien Dubuque's grave, area for street dances, concession stand permits, use of park for art show, build stage on city island, all in Petition of Dubuque Golf & Country Club requesting permis- sion to hold a supervised fireworks display on July 4, 1963, presented and rea d. Councilman Schaller moved that the petition be granted. Seconded by Councilman Schreiber. Carried by the foIlowing vote: Yeas-Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Takos. Nays-None. .;_.....,,"'... Regular '.'fi' 158 161 to the Saffran Construction Com. pany. Very truly yours, Gilbert D. ChavenelIe City Manager Mayor Kean moved that the rec- ommendation of the City Manager be approved. Seconded by Council- man Schreiber. Carried by the foL lowing vote: Yeas-Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Takas. Nays-None. (Awarding Contract) RESOLUTION NO. 96-63 WHEREAS, sea led proposals have been submitted by contractors for the construction of a twenty. four inch (24") sanitary sewer and appurtenances in 32nd St. from the existing manhole at the intersec- tiou of White St. and 32nd St. thence westerly in 32nd St. to Grandview Ave., thence southerly in Grandview Avenue with an eight inch (8") sanitary sewer to the southerly property line of Lot 1 of Lot 2 of Lot 2 of Miueral Lot 359. 1963 June 3, Session, tolare adopted and now on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the cost and expense of the said improvement be paid from the Sanitation-Sewage Rental Fund. BE IT FURTHER RESOLVED that this resolution being deemed urgent and of immediate necessity shall be in force and effect from and after its passage and adoption by the City Council. Passed, adopted, and approved this 3rd day of June, 1963. JAMES J. KEAN Mayor JOHN P. SCHREIBER LOUIS SCHALLER PETER J. TAKOS ROBERT J. HORGAN Councilmen LEO F. FROMMELT City Clerk Regular Attest Councilman Schreiber moved the adoption of the resolution. Sec- onded by Mayor Kean. Carried by the following vote: Yeas-Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Takas. Nays-None. pursuant to Resolution No. 95-63 and notice to bidders published in a newspaper published in said City on May 10, 1963 and May 17, 1963 and WHEREAS, said sealed proposals were opened and read on June 3, 1963, and it has been determined that the bid of Saffran Construc- tion Company of DUbuque, Iowa in the amount of $72,850.00 was the lowest bid for the furnishing of all labor and materials and per- forming the work as provided for in the plans and specification; now therefore, BE IT RESOLVED by the City Couucil of the City of Dubuque that the contract for the above mentioned improvement be award- ed to Saffran Construction Com- pany of Dubuque, Iowa and the Manager be and he is hereby direct- ed to execute a contract on behalf of the City of Dubuque for the complete performance of said work. Proof of Publication, certified to by the Publisher, of Notice to Con- tractors of the Receipt of Proposals for the construction of the West 32nd Street sanitary sewer, being a 24" sanitary sewer in 32nd Street and an 8" sanitary sewer in Grand. view Avenue, presented and read. Councilman Schreiber moved that the proof of publication be received and filed. Seconded by Council. man Horgan. Carried by the fol- lowing vote: Yeas-Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Takos. Nays-None. 1963 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. To the Honorable aud City Council Gentlemen: Sealed bids were received until 10:00 A.M., D.S.T., June 3, 1963 for the construction of the West 32nd Street Sanitary Sewer and appurtenances. The lowest bid sub- mitted was entered by the Saffran Construction Company of Dubuque, Iowa. The bid was 13.41 % under the estimate. A tabulation of bids received are attached. June 3, Mayor 1963 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 Sanita- tion-Sewage Rental Fund. The above resolution was intro- duced, approved and 0 r d ere d placed on file with the City Clerk this 6th day of May, 1963. RECORD OF FINAL ADOPTION The foregoing resolution was finally passed and adopted, as pro- posed, this 3rd day of June 1963. JAMES J. KEAN Mayor JOHN P. SCHREIBER LOUIS SCHALLER PETER J. TAKOS ROBERT J. HORGAN Councilmen LEO F. FROMMELT City Clerk Councilman Horgan moved that the". proof of pUblication be re- ceived and filed. Seconded by Councilman Schreiber. Carried by the following vote: Yeas-Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Takos. Nays-None. Attest: Councilman Schreiber moved the adoption of the resolution. Second. ed by Councilman Takos. Carried by the following vote: Yeas-Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Takos. Nays-None. (Ordering Construction) RESOLUTION NO. 95-63 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE that pursuaut to a Resolu- tion of Necessity No. 84-63 which was duly passed by this Council for the construction of a twenty-four inch (24") sanitary sewer and ap- purtenances 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") sanitary sewer to the southerly property line of Lot 1 of Lot 2 of Lot 2 of Miueral Lot 359. I recommend that the contract for the improvement be awarded Be and the same are hereby ordered and constructed by this Council upon its own motion and with or without the petition of the property owners. All the work shall be constructed in accordance with the plans and specifications here- Necessity For Improvement RESOLUTION NO. 84-63 Whereas, proposed plans, specifi- cations, form of contract have been duly prepared and approved by the City Council of the City of Du- buque, and are now on file in the office of the City Clerk showing among other things the following: 1. The street to be improved. 2. The plan of such improvement. 3. An estimate of the cost of the porposed improvement. 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 A v e n u e, thencesoutherly in Grandview Ave- nue with an eight inch (8") sanitary sewer to the southerly property line of Lot 1 of Lot 2 of Lot 2 of Mineral Lot 359. BE IT THEREFORE RESOLVED that the City Council on its own motion or upon petition of property owners, deems it advisable and necessary for the public welfare to make the herein mentioned im- provement, and unless property owners at the time of the final consideration of this proposed reso- lution have on file with the City Clerk objections to the amount of the cost of improvement, they shall be deemed to have waived all ob- jections thereto. June 3, Session, hearing upon proposed plans and specifications, form of contract and cost of improvements for the con- struction of a twenty four inch (24") sanitary sewer and appurten- ances in 32nd street from the exist- ing manhole at the intersection of White Street aud 32nd Street, thence westerly in 32nd street to Grandview Avenue, thence souther- ly in Grandview Avenue with an eight inch (8") sanitary sewer to the southerly property line of Lot 1 of Lot 2 of Lot 2 of Mineral Lot 359, presented and read. Regular 160 I 163 TRANSFER OF CLASS BEER PERMIT 1415 Rhom- Central Passed, adopted and approved tbis 3rd day of June, 1963. JAMES J. KEAN Mayor JOHN P. SCHREIBER LOUIS SCHALLER PETER J. TAKOS ROBERT J. HORGAN Councilmen LEO F. FROMMELT City Clerk CLASS NAME Thomas J. Collins, Street Irvin O. Nachtman, Avenue Mrs. Denise Street Thomas P. Street Mrs. Gloria Avenue CLASS NAME Thomas J. Collins, Street Irvin O. Nachtman, Avenue Mrs. Denise O'Neill, 55 Street Thomas P. Richman, 2319 Street Mrs. Gloria Glynn, 655 Central Avenue Pete S. Sfikas and Gust Karigan, 401.435 Central Avenue Marco Giunta, 2022 Central nue David Frey, 1046 Mil ton Edward Jackson Street Councilman Schaller moved the adoption of the resolution. Sec- OOuc:l1 by Councilman Takas. Car- ried by the following vote: Yeas-Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Takas. Nays-None. RESOLUTION NO. 99.63 WHEREAS, applications for Beer Permits were filed by the within applicants and they have received the approval of this Council; and WHEREAS, the premises to be occupied by such applicants were inspected and found to comply with the ordinances of this City and they have filed proper bonds, NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Dubuque that the Manager be and he is hereby directed to issue to the following named applicants a Beer Permit. BEER PERMIT Inc. (#130) (#144) "811 RESOLUTION NO. 98.63 WHEREAS, applications for Beer Permits have been submitted to this Council for approval and the same have been examined, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the following applica- tions be granted and licenses be issued upon the compliance with the terms of the ordiances of the City. PERMIT ADDRESS West 12th BEER 53 2595 Rhomberg Regular Session, June 3, 1963 CLASS lie" Eagle Food Centers, 1800 Elm Street Eagle Food Centers, Inc, 3033 Asbury Avenue Locust Prince 1879-1881 Clarence J. Hagge Jr. berg Avenue Transfer from Avenue "8" Attest: NAME ADDRESS David Frey, 1046 Central Avenue BE IT FURTHER RESOLVED that the bonds filed with tbe ap- plication be approved. Passed, adopted and approved this 3rd Day of June, 1963. JAMES J. KEAN Mayor JOHN P. SCHREIBER LOUIS SCHALLER PETER J. TAKOS ROBERT J. HORGAN Councilmen LEO F. FROMMELT City Clerk Councilman Schreiber moved the adoption of the resolution. Sec- onded by Councilman Takos. Car- ried by the following vote: Yeas-Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Takos. Nays-None. Attest: June 3, 1963 line of Kane Steet 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 prop- erty owners, deems it advisable and necessary for the public wel- fare to make the herein mentioned improvement, and unless property owners at the time of the final consideration of this proposed res- olution have on file with the City Clerk objections to the amount of the proposed assessments, the y shall be deemed to have waived all objections thereto. Said improvement shall be con. structed and done in accordance with the plans and specifications which have been prepared therefor by the City Engineer which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said improvement will be paid from the Street Construc- tion Fund-Rose Use Tax. Regular Session, The above resolution was in- troduced, approved and ordered placed ou file with tbe City Clerk this 6th day of May, 1963. Record of Final Adoption The foregoing resolution was finally passed and adopted, as pro- posed by the City Council this 3rd day of June 1963. Councilman Horgan moved adoption of the resolution. onded by Councilman Horgan. ried by the following vote: Yeas-Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Takas. Nays-None. JAMES J. KEAN Mayor JOl{1\[ P. SCHREIBER LOUIS SCHALLER PETER J. TAKOS ROBERT J. HORGAN Councilmen LEO F. FROMMELT City Clerk the Sec. Car- Attest: Passed and adopted this 3rd day of June, 1963. JAMES J. KEAN Mayor JOHN P. SCHREIBER LOUIS SCHALLER PETER J. TAKOS ROBERT J. HORGAN Councilmen Attest: LEO F. FROMMELT City Clerk Mayor Kean moved the adoption of the resolution. Seconded by Councilman Schreiber. Carried by the following vote: Yeas--Mayor Kean, Councilmen Horgan,'Schaller, Schreiber, Takos. Nays-None. Proof of Publication, certified to by the Publisher, of Notice of Pendency of Resolution of N eces- sity for public improvements and hearing upon proposed plans and specifications, form of contract and cost of improvements for CITY OF DUBUQUE 1963 GRADING PROJ- ECT NO.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, presented and read. Councilman Schreiber m 0 v e d 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. (Necessity for Improvement) RESOLUTION NO. 87-63 WHEREAS, pro p 0 sed plans, specifications, form of contract, plat and schedule have been duly prepared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk showing among oth- er things the fOllowing: 1. The streets to be improved. 2. The width of such improve. ment, and the size and kinds of sewers. 162 BEER PERMIT ADDRESS West 12th 2595 Rhomberg 53 "BU Ave- Avenue 1399 Centra. Chapman, I Locust 2319 Prince Central 55 655 O'Neill Richman, Glynn, ~ CLASS "B" BEER PERMIT FOR PRIVATE CLUB Dubuque Golf and Country Club, 260 Randall Place RESOLUTION NO. 97-63 BE IT RESOLVED by the City Council of the City of Dubuque, Iowa. that the following, having complied with the provisions of law relating to the sale of Cigar. ettes within the City of Dubuque, Iowa be granted a permit to sell Cigarettes and Cigarette papers within said City. 3. An estimate of the cost of the proposed improvement, stating the same for each different type of construction and kind of material to be used. City of Dubuque 1963 Gradiug Project No. 1. Carter Road from a point 600 feet north of the north property _L-. I Fischer Investment Company is the owner of the real estate on all sides adjacent to and abutting said Lot B-12 and desires to pur- chase said parcel from the City of Dubuque. The Company desires to purchase said property in order to build an addition to its present facilities, which addition would be required pursuant to negotiations now being had with third parties. Fischer Investment Company has over the past ten years used the area which consists partly of Lot B-12 and the area directly west of this lot, as a location for the fill secured from demolition of other Fischer properties. We feel that this amount of fill has a value of at least $1,250.00. Said wiIl thereby has increased the value of Lot B.12, at a cost to the Fischer Investment Company. Therefore, Fischer Investment Company is willing to pay $750.00, for the purchase of Lot B-12, which such has already been vacated, and is willing to further stipulate that in the event that a building costing $75,000.00 or more is not begun within two years after the transfer of title, that the City has the option to repurchase his land for the same amount that we purchased it, name- ly $750.00. Said option to be in force six months after two year period expires. Your prompt attention to this will be appreciated, as we are at- tempting to bring this matter to a head with our customer. Very truly yours, FISCHER INVESTMENT COMPANY Louis H. Pfoh 165 Special Session, June 17, 1963 CITY COUNCIL OFFICIAL. Councilman Schreiber m 0 v e d that the offer be accepted and the Clerk instructed to publish notice of public hearing to consider pro- posal of sale of real estate at a Council meeting to be held on July 15, 1963 at 7:30 P. M. in the Council Chamber at the City Hall. Seconded by Councilman Schaller. Carried by the following vote: Yeas-Mayor Kean, Councilmen Schaller, Schreiber. Nays-Councilman Takas. Absent-Councilman Horgan. Councilman Schaller moved that the rules be suspended in order to let anyone present address the Special Session, June 17, 1963. Council met at 7:30 P. M. D. S. T. Present-Mayor Kean, Council- men Horgan, Schaller, Schreiber, Takos. City Manager Gilbert D. Chavenelle. Absent-Councilman Horgan. Mayor Kean read the call and stated that service thereof had been duly made and that this meet. ing is called for the purpose of conducting a public hearing on a proposal to convey the City's in- terest in that portion of the alley which lies between Iowa and Main streets for a distance of One-Hun- dred Sixty-Eight and Six.Tenths (168.6) feet northerly from Second Street and acting upon such other business as may properly come before a regular meeting of the city council. Communciation of Dubuque TV. FM Cable Co. announcing that again Dubuque will see the world's heavyweight championship Boxing event via closed circuit, without admission charge, presented and read. Councilman Schreiber moved that the communication be received and filed. Seconded by Councilman Schaller. Carried by the following vote: Yeas-Mayor Kean, Councilmen SChaller, Schreiber, Takos. Nays-None. Absent-Councilman Horgan. 1963 June 17, To the Honorable Mayor and Members of the City Council City of Dubuque Dubuque, Iowa Gentlemen: By City of Dubuque Ordinance No. 59-57, adopted October 7, 1957 and published October 11, 1957, the fOllowing street was vacated: That portion of Tower Street from 6th Street southwesterly to Block I, in Booth's Addition, City of Dubuque, Iowa. The vacated area is described as Lot B.12, Booth's Addition, City of DUbuque, Iowa, in a plat dated October 1, 1957, prepared by Carl F. Bartels and approved by the City of Dubuque in the aforesaid Ordinance. ~ Session, June 3, 1963 onded by Councilman Schaller. Carried by the following vote: Yeas-Mayor Keau, Councilmen Horgan, Schaller, Schreiber, Takos. 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, Takos. Nays-None. Marco nue David Frey, 1046 Central Avenue Milt 0 n Edward Cbapman, 1399 Jackson Street CLASS "B" BEER PERMIT FOR PRIVATE CLUB Dubuque Golf and Country Club, 260 Randall Place . Leo F. Frommelt City Clerk ...1963. 1963. Karigan, Regular Pete S. Sfikas and Gust 401-435 Central Avenue Giunta, 2022 Central Ave- ............................. City Clerk Approved Councilmen Attest: 164 Adopted CLASS "C" BEER PERMIT Eagle Food Centers, Inc. (#130) l800 Elm Street Eagle Food Centers, Inc. (#144), 3033 Asbury Avenue Rhom- BE IT FURTHER RESOLVED that the bonds filed by sucb ap- plicants be and the same hereby approved. Passed, adopted and approved this 3rd day of June, 1963. Councilman Schaller moved the adoption of the resolution. Sec. onded by Councilman Schreiber. Carried hy tbe following vote: Yeas-Mayor Kean, Councilmen Horgan, Schaller, Schreiber, Takos. Nays-None. Mr. Richard Henschel offered to donate land in the Kelly Lane area in order to get an improvement program started. City Engineer White stated that widening plans for Kelly Lane are being made up now. Council Takos moved that are. port be requested from the City Manager on the development of Moore's Mill recreation area at the June 17th Council meeting. Sec. Central JAMES J. KEAN Mayor JOHN P. SCHREmER LOUIS SCHALLER PETER J. TAKOS ROBERT J. HORGAN Councilmen LEO F. FROMMELT City Clerk -.'''''"''.'''''-' "B" TRANSFER OF CLASS BEER PERMIT 1415 1879.1631 Clarence J. Hagge Jr. berg Avenue Transfer from Avenue Attest: .1 167 pending in the Municipal Court of Dubuque, Iowa. Respectfully submitted, R. N. Russo City Attorney Councilman Takas moved that the recommendation of the City Attorney be approved and the Au- ditor instructed to issue proper warrant. Seconded by Councilman Schaller. Carried by tbe following vote: Yeas-Mayor Kean, Councilmen Schaller, Schreiber, Takas. Nays-None. June 17, 1963 HOD. Mayor & City Council Gentlemen: On May 2, 1963 Donald M. Pius of 135 West 17th St., Dubuque, Iowa, filed claim against the City of Dubuque in the amount of $1,060.00 for personal injuries al~ legedly suffered on January 22, 1963 in a fall in front of premises at 135 W. 17th St., alleging a defec- tive curbing and defective sidewalk thereat. I have made an investigation of this matter and find the claim of Donald M. Pins was not timely filed and it is therefore barred by the Statute of Limitations and therefore recommend t hat said claim be denied. Original claim to. Special Session, June 17, 1963 1962 which expired on December 31, 1962 in conformance with the following section of Ordinance No. 54.55: This request is submitted to you for your action on the matter. submitted, Councilman Schreiber m 0 v e d that the request be granted. Sec- onded by Councilman Takas. Car- ried by the following vote: Yeas-Mayor Kean, Councilmen Schaller, Schreiber, Takas. Nays-None. Absent-Councilman Horgan. 1963 "Section 16. Disabled soldiers or sailors who have been hon- orably discharged from the United States Service or crip- pled, disabled or indigent per- sons may be exempted from the provisions of this ordi- nance, providing they file an application with the City Coun- cil setting forth the grounds on which they request exemp- tion." Respectfully Gilbert D. Chavenelle, City Manager June 6, & City Council attached here- moved that of the City Seconded by Carried by Respectfully submitted, R. N. Russo City Attorney Councilman Takas the recommendation Attorney be approved. Councilman Schaller. the following vote: Yeas-Mayor Kean, Councilmen Schaller, Schreiber, Takos. Nays-None. Absent-Councilman Horgan. 1963 is Hon. Mayor Gentlemen: On February 25, 1963, Ambrose J. Scheller, Jr. served notice of suit with petition attached for damages, which petition was filed in the Municipal Court of Dubuque, Iowa, whereby plaintiff claimed damages in the amount of $1,500.00 as the result of damages suffered by plaintiff ou or about July 22, 1962, which original notice and petition is attached hereto. June 17, Council ~ Hon. Mayor Gentlemen: On April 30, 1963, Dr. Paul B. Skelley filed claim against the City of Dubuque for his vehicle in the amount of $51.41 as result of a collision on March 8, 1963, in colliding with a City truck travel- ing east on Loras Blvd. I have made an investigation of this matter and find no actionable negligence on tbe part of the City & City I have made an investigation of this matter and plaintiff has made an offer of settlement in the amount of $625.00 of which amount City of Duhuque would pay $375.00 aud Eldon Herrig would pay $250.- 00. It is the recommendation of the City Attorney that said offer of settlement be accepted, and the City Auditor be instructed to draw a warrant in the amount of $375.00 payable to Ambrose J. Scheller, Jr. aud Judith A. Scheller, his wife, and transmit the same to the City Attorney for delivery upon receipt of duly executed release and dIS- missal of said action with prejudice June 17, 1963 June 4, 1963 To the Honorable Mayor and City Council Gentlemen: I am enClosing the annual reports for the year ended December 31, 1962 of the Peoples Natural Gas, division of Northern Natural Gas Company, and the Interstate Power Company. Respectfully submitted, Gilbert D. Chavenelle City Manager Councilman Schreiber m 0 v e d that the reports be received and f i led. Seconded by Councilman Schaller. Carried by the following vote: Yeas-Mayor Kean, Councilmen Schaller, Schreiber, Takos. Nays-None. Absent-Councilman Gentlemen: On Wednesday, June 12th, I met with the members of the Park Board, and they are willing to be responsible for the development of Moore's Mill area if the Council so desires, and provides the funds for the project. I recommend that if the Council proceeds with the project, it be assigned to the Park Board. The Park Board has requested that the Council communicate their decision to them. Respectfully, G;lbort D. Chavenelle City Manager Mayor Kean moved that the rec- ommendation be approved. Sec. onded by Councilman Schreiber. Carried by the foIlowing vote: Yeas-Mayor Kean, Councilmen Schaller, Schreiber, Takas. NaYS-None. Absent-Councilman Horgan. June 17, 1963 Mayor Horgan. 14, 1963 June Mayor To the Honorable and City Council Special Session June 13, 1963 Mayor Gentlemen: 'rhis is to advise that I have approved the following bond and policies and desire to have your approval on same for filing, sub- ject to tbe approval of the City Solicitor: Horgan. Mr. Cy Lampe, a representative of the Fischer interests, stated that the property in question would be approximately one-sixth of an acre. On the basis of the cash offer of $750. this would figure out to $4500. per acre. The area is now being used as a parking lot for Standard Brands. ,More jobs and an increase in the tax base are at stake. Mr. Louis Pfohl addressed the Council by stating that an industry in the area is anxious to expand and if the deal is to materialize they want to move fast, which we must do, to possibly avoid losing the entire industry. Council if they so desire. Seconded by Councilman Takas. Carried by the following vote: Yeas-Mayor Kean, Councilmen SchaIler, Schreiber, Takos. Nays-None. Absent-Councilman To the Honorable and City Council, 166 TAXI.CAB Robert T. Zahina, Policy No. 98807, d/b/a Diamond Cab Compauy, Carolina Casualty Ins. Co. TELEVISION CABLE H & B American Coporation, et aI, Policy No. 80 C 224088, Beverly Hills, California. Hartford Acci- dent & Indemnity Co. SIDEWALK Glenn Abernathy. Commercial ion Insurance Co. RespectfuIly submitted, Gilbert D. Chaveuelle, City Manager Un- y ~ ~ To the Honorable and City Council, Gentlemen: Attached is a communication from Stanley Hahn, Plover, Wis- consin, for permission to peddle potatoes from house to house in Dubuque without paying the usual fee for peddlers. As stated in his letter, he was granted a permit on September 5, Councilman Schreiber m 0 v e d that the bonds and policies be filed subject to the approval of the City Solicitor. Seconded by Councilman Kean. Carried by the following vote: Yeas-Mayor Kean, Councilmen Schaller, Schreiber, Takos. Nays-None. Absent-Councilman Horgan. """'~.,"'. ~ 169 sate, santtary and fit tor human habitation. Determining acceptable occupancy of space. EstablIshing minimum standards governing the condition of dwellings offered for :-ent. Fixing certain responsIbili- ties and duties of owners and cc. CllDants of dwellings and premises. Authorizing the Inspection of dwellings, and the condemnation of dwellings unfit for human habita- tion. Providing for the issuance of permits. And fixing penalties tor violations of Its provisions, WHEHEAS, there are or may be in the City of Dubuque, dwellings and premises which are so dilapi- dated, unsafe, dangerous, unhygi- enic or unsanitary, or otherwise substandard in one or more Impor- tant features of structure, equip- ment, facility, maintenance or oc- cupancy as to constitute a menace and detriment to the health, safe~ ty and general welfare of the peo- ple of this City: and \VHEREAS, such dwellings and premises are a principal cause of deterioration and blight in resi~ dential areas: and \VHEREAS, the owner and oc~ cupants of dwellings and premises have certain responsibilities to pre- vent the blighting of residential areas and the burdens they create for the City at Large; and WHEREAS, a housing ordinance is essential to establish these re- sponsibilities and to set minimum housing standards adequate to pro- tect pubHc health, safety and gen~ eral welfare and to halt the spread of bl'ght: Now, therefore, be It ordained by the City Council of the City of Dubuque, Iowa: SECTION 1 TITLE & SCOPE loO TITLE This ordinance shall he kno,vn as minimum housing standards ordinance. 1.1 PURPOSE The pUrpose of this ordinance Is to provide mini- mum requirements for the protec- tIon of health, safety and welfare of the general public and the own_ ers and occupants of dwellings or dwelllng units and premises. SECTION 2 DEFINITIONS 2.0 GENERAL For the purpose of this ordinance, certain abbrevi_ ations, terms, phrases, words and their derivatives shaH be con- strued as specified In this section. Words used in the singular include th(> plural and the plural the sing- ular. Words used in the masculine gender include the feminine, and the feminine the masculine. The word "shan" is always mandatory and not merely directory. Where terms are not defined, they shall have their ordinarily accepted meanings or such as the context ma;'o' imply. 2.1 APARTMENT shall mean a dwelling unit as defined in this ordinance. 2.2 APARTMENT HOUSE is any building or portion thereof, which is designed, bu'lt, rented or leased, let or hired out to be occu~ pled, or whlch is occupied as the home or residence of three or more families Iivin~ independently of each other in dwelling units, as defined in this ordinance. 2.3 APPROVED shall mea n constructed, installed and main_ tained in accordance with the pro- visions of this ordinance and oth- er pertinent ordinances of the City of Duhuque :md with the rules and regulations adopted pursuant there- of. Special Session, June 17, 1963 tended only had three members of the committee present. Nuisances should be specifically stated as public nuisances, He read a num- ber of objections to the proposed housing regulations which were in addition to the objections present- ed at a previous meeting. Mr. Donald Bandy, the building com- missioner, stated that the com- mittee have satisfied at least two thousand people. That is the rea- son we have no objectors here in number tonight. The city needs the housing code real bad and we need it tonight. Councilman Schreiber moved that the list of objections submitted by Mr, Eldon Pfohl be recevied and filed. Sec- conded by Councilman Takas. Car- ried by the following vote: Yeas-Mayor Kean, Councilmen Schaller, Schreiber, Takos. Nays-None. Absent-Councilman Horgan. ORDINANCE NO. 13-63 An Ordinance Establishing Min. imum Standards Governing the Condition and maintenance of all dwellings or dwelling units and their premises: Establishing min~ imum 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 spa c e: Establishing minimum standards governing the condition of dwellings offered for rent: Fixing certain responsibili. ties and duties of owners and occupants of dwellings and prem- ises: Authorizing the inspection of dwellings, and the condemnation of dwellings unfit for human habi. tation: Providing for the issuance of permits: And fixing penalties for violations of its provisions, presented for final adoption, said Ordinance having been previously presented and read at the Council meeting of May 6, 1963, also passed for second reading at Council meet. iug of June 3, 1963. ORDI NANCE NO. 13-63 MINIMUM HOUSING S7 ANDARD REGULATIONS An ordinance establishing mini- mum standards governing the con_ dition and maintenance of all dwellings or dwelling- units and their premises. Establishing mini- mum standards governing sup~ plied utilities and facilities and other physical things and condi- tions essential to make dwellings ~ 11II rt- Special Session, June 17, 1963 June To the Honorable Mayor and City Council, Gentlemen: As per your request the Build- ing Code Committee met June 11, 1963 to con sid e r recommended changes in the Proposed Housing Law. As a result of this meeting the Committee recommends the fol~ lowing changes: Page 1, Line 2, changed to read, "of all dwellings or dwelling units and their premises: Establishing minimum s tan d a r d s governing supplied" , Page 1, Line 7, add the words "and premises": after the word dwellings. Second paragraph Page 1, line 1 changed to read; "Whereas, there are or may be in the City of Du- buque dwellings and premises which". Third paragraph Page I, lines 1 and 2 to read; "Whereas, such dwellings and premises are a principal cause of deterioration and blight in all areas: and" Fourth paragraph to read "Whereas, the owner and occupants of dwellings and premises have certain responsibilities to prevent the blighting of areas aud the burdens they create for the City at large: and" Page 2 Section 1.1 line 3 to read, "Occupants of dwellings or dwell- ing units and premises". P age 4 Section 2.21 line 5 changed to read; "shafts, base- ments or excavations: abandoned refrigerators and inoperable motor vehicles:" Councilman Schreiber m 0 v e d that the communication be received and made a matter of record. Sec. onded by Mayor Kean. Carried by the following vote: Yeas-Mayor Kean, Councilmen Schaller, Scbreiber, Takos. Nays-None. Absent-Councilman Horgan. Mr. Eldou Pfohl addressed the Council by requesting a definition ot we word "junk" as stated in the Minimum Housing regulations. He stated that the meeting be at- 1963 Respectfully submitted, George E. Deininger, Chairman 13. denial attached here- Respectfully submitted, R. N. Russo City Attorney Councilman Takos moved that the recommendation of the City Attorney be approved. Seconded by Councilman Schaller. Carried by the following vote: Yeas-Mayor Kean, Councilmen Schaller, Schreiber, Takos. Nays-None. Absent-Councilman Horgan. NOtice of claim of Merlin Bech~ en, in tbe amount of $18.00, for damage to his car as the result of being sprayed with tar while the city crew was seal coating E. 17tb Street on June 12, 1963, pre- sented and read. Councilman Takas moved that the notice of claim be referred to the City Solicitor for investigation and report. Seconded by Councilman Schaller. Carried by the following vote: Yeas-Mayor Kean, Councilmen Schaller. Schreiber, Takos. Nays-None. Absent-Councilman Horgan. Notice of claim of James Mc. Inerney, in the amount of $200. for damage incurred as the result of a sanitary sewer backing up into his basement at 1909 Pierce Street on May 31st and June 1, 1963, presented and read. Council~ man Takas moved that the notice of claim be referred to the City Solicitor for investigation and re- port. S e con d e d by Councilman Schaller. Carried by the following vote: Yeas-Mayor Kean, Councilmen Schaller, Schreiber, Takas. Nays-None. Absent-Councilman Horgan. Notice of claim of Mrs. Sarah Tittle, in and undetermined amount, for personal injuries received in a fall at 1980 St. Joseph St. on April 18, 1963, presented and read. Councilman Takas moved that the notice of claim be referred to the City Solicitor for investigation and report. Seconded by Councilman Schaller. Carried by the fOllowing vote: Yeas-Mayor Kean, Councilmen Schaller, Schreiber, Takas. Nays-None. Absent-Councilman Horgan. recommend is 168 and therefore of said claim. Original claim to. ~ 171 3.2 DESIGNATION OF PERSON IN CHARGE In any multiple dwelling or rooming house in which the owner or lessee does not reside, there shall be designated by the owner or leasee, when required by the Health Officer, a person in charge upon whom notice may be served of any violation of the pro- visions of this ordinance. 33 NOTICE OF VIOLATION "'~henever the Health Officer de- termines that there exists a viola- tion of any provIsion of this or- dinance or of any rule or regula. tion adopted pursuant thereto, he shan give notice of such violation ~o the person or persons responsi- hIe therefor and order compliance. Such notice and order shall: (a) Be in writing. (h) Include a list of violations re- f erring to the sections of this ordinance violated. (c) Set a reasonable time, not to exceed 90 days in any event, for compliance. (d) advise the owner or occupant of the procedure for appeal. (e) Be served upon the owner, his agent, or the operator, or oc- cupant by delivering the same at his residence, office or place of business with some person of suitable age and discretion who shall be informed of the contents thereof, or by mailing a copy thereof by certified mail to his last known address, or if the per- son to be served is unknown, by posting said notice In some con- spicuous place on the premises. (f) If necessary, and anythIng herein to the contrary notwith- standing, also require the dwel- ling or portion thereof to be va- cated forthwith and not reoccu- pied until the required repairs and improvements are completed, Inspected and approved by the Health Officer. 3.4 DUPLICATE NOTICE OF VIOLATION Whenever the own- er, his agent or the operator of a d\velling- is notified by the Health Officer of a violation for which he is responsible, a copy of the notice of violation shall also be posted on the premises; delivered or sent by regular mail to the occupants of the dwelling: and whenever an oc- cupant is notified by the Health Officer of a violation for which he is responsible, a copy of the notice of violation shall also be delivered, or sent by regular mail, to. the owner of the dwelling. Failure to send f-;uch duplicate notice, how- E'ver, shall not affect the validity of any proceedings agaInst the owner or occupant. 3.5 APPEALS Any person served with a notice of violation or order which has been issued in connec- tion with the enforcement of these regulations may request and shall be granted a hearing on the mat- ter before the Board of Health, provided that such a person shall file in the office of the Health Of- ficer, a written petition requesting such hearing and setting forth the name, address and phone number of the petitioner and a brief state- ment of the grounds for such hear- ing. Petition shall be filed within 10 da)>"s after the day the notice of violation and order is served. Upon receipt of such a petition, the Health Officer shall set a date, not to exceed 30 days, for a hearing- before the Board of Health and shall give the petitioner wrItten Special Session, June 17, 1963 ~ 2.28 PREMISES shall mean a lot, plot or parcel of land Including tRe buildings and structures thereon. 2.29 ROOMING HOUSE s h a II mean any dwelling, or that part thereof containing one or more units in which space is let by the owner or operator to three or more persons who are not husband or wife, son or daughter, mother or father, or sister or brother to the owner or operator, 2:30 ROOMING UNIT shall mean any room or group of rooms form- ing a single habitable unit used or intended to be used for living and sleeping, but not for cooking or eating purposes. 2.31 RUBBISH shall mean all waste materials except garbage; and the term shall include the resi- due from the burlng of wood, coal, coke and other combustible ma- terial, paper, rags, cartons, boxes, excelsior, rubber, leather, tree branches, yard trimmings, tin cans, metals, mineral matter, glass, crockery and dust. 2,32 SINGI~E FAMILY DWEL- LING shall mean any dwelling con- taining one dwelling unit. 2.33 SUBSTANDARD BUILDING (See Section 12) 2.34 UNFIT DWELLING Any d\velling, dwelling unit, rooming house or roonling unit, in whole or in part, which shall be found to have any of the following defects shall be deemed to be unfit for human habitation: (a) One which is so damaged, de- cayed, dilapidated, unsanitary, unsafe, or vermin infested that it creates a serious hazard to health or safety of the occupants or to the public. (b) One which lacks light, ven- tilation or sanitation facilities adequate to protect the health or safety of the occupants or of the public as prescribed by the pro- visions of this ordinance. (c) One which because of its general condition or location is unsanitary, or otherwise danger- ous to the health or safety of the occupants or to the general public. SECTION 3 ENFORCEMENT 3.1 AUTHORITY The He a I t h Officer is hereby authorized and directed to administer and enforce all of the provisions of this or- dinance. 3.2 RIGHT OF ENTRY Up 0 n presentation of proper credentials, the Health Officer and/or his duly authorized representatives may en- ter any dwelling, dwelling unit, rooming unit or premises at aU reasonable times and at any time in an emergency. for the purpose of determining whether such d'\\ell. of determining whether such unit or premises complies with the provisions of this ordinance. The owner, operator or occupant of any dwelling, dwelling unit or rooming unit shall give the Health Officer or his agent free access to such dwelling, dwelling unit or rooming unit and its premises for the pur- pose of such Inspection, The oc- cupant of any dwelling, dwelling unit or rooming unit shall give the owner or his agent, access to any part of such dwelling, dwelling unit, rooming unit or its premises at all reasonable times, and any time in an emergency, for the pur- pose of making repairs or altera. tions in order to comply with the prOVisions of this ordinance Special Session, June 17, 1963 2 20 MULTIPLE DWELLING shall mean any dwelling contain- ing three or more dwelling UNITS. 2.21 NUISAKCE The following shall be defined as nuisances: (a) any public nuisance known at common law or in equity jurisprudence. (b) Any attractive nuisance which may prove detrimental to children whether in a building, or upon an unoccupied lot. This includes any abandoned wells, shafts basements or excava- tions:' abandoned refrigerators and Inol..erable motor vehicles: or any structurally unsound fences or structures: Or any lum- ber, trash, fences, debris or vegetation which may prove a hazard for inquisitive minors. (c) WHATEVER IS DANGER- OUS TO HUMAN LIFE OR IS DETRIMENTAL TO HEALTH. (d) Overcrowding a room with occupan ts. (e) Insufficient ventilation or illumination. (f) Inadequate or unsanitary sewerage or plumbing facillties. (g) Uncleanliness. (h) \Vha.tever renders air, food or drink unwholesome or detri_ mental to the health of human bein;;s. 2.22 OCCUPA~T shall mean ~n)>' perEon including an owner or operator living, sleeping, cooking Or eating In or having actual pos- session of a dwelling unit or room- ing unit. 2.23 OPENABLE AREA shall mean that part of a window or door which is available for un- obstructed ventilation and whIch opens directly to the outdoors. 2.24 OPERATOR shall mean any person who has charge, care or control of a building, 0 r part thereof, in which dwelling units or rooming units are let. 2.25 O'VNER shall mean any person who, alone, or jointly or severally with others: (a) Shall have legal or equita- ble title to any dwelling unit, with or without accompanying actual possession thereof, or (b) Shall have charg'e, care or control of any dwelling or dwell- ing units, as owner or agent of the owner, or as executor, executrix, administrator, ad- ministratrix, trustee or guard- ian of the estate of the owner. Any such person thus repre- senting the actual owner shall be bound to comply with the PROVISIO~S OF THIS ORDIN- ANCE AND O~ RULES AND REGULATIONS ADO P TED PURSUANT thereto, to the same extent as if he were the owner. 2.26 PERSO~ shall mean and include any individual, firm, cor- poration, association or partner- ship. 2.27 PLUMBING shall mean and include all of the following sup- plied facilities and equipment; gas pipes, gas-burning equipment, water pipes, garbage disposal units, waste pipes, water closets, sinks, installed dishwashers, lava- tories, bath tubs, shower baths, installed clothes-washing ma- chines, catch basins, drains, storm drains, vents and any other similar supplied fixtUres, together with all connections to water, sewer or gas lines. 2.4 BASEMENT is that portion of a building located partly under- g-round but having less than half its clear floor to celling height be_ low the average natural level of the adjoining house. 2.5 BOARDING HOUSE is a lodging house in which meals are provided. 2.6 BUILDING COMMISSIO);"- ER is the Building Commissioner of the City of Dubuque. 2.7 CEILING HEIGHT shall be the clear vertical distance from the finished flOOr to the finished ceiling. 2.8 CELLAR is that portion of a building located partly or wholly underground and hav:ng half or more than ha Jf of its clear floor to ceiiing height below the average natural level of the adjoining ground. 2.9'- CITY is the City of Du- buque, Iowa. 2.10 DWELLING is any build- ing or structure, except temporary housing as herein defined, which is wholly or partly used or in- tended to be used for living, sleeping, cooking and eating by human occupants. 2_11 DWELLING UNIT is a room or a group of rooms located within a dwelling and forming a single habitable unit with facili- ties which are used or intended to be used for llving, sleeping, cooking and eating. 2.12 EXIT is a continuous and unobstructed means of egress to a public way and shall includ" intervening doorway~, corridon;, ramI1S, stairways, s_:okeproof en- closures, horizontal exits, exterh), courts and yards. 2.13 EXTERMINATJ()N s hall mean the control and climinat:oll of Insects, rodents or other pests by eliminating theIr harborage places, by removing or making in- accessible materials that mav serve as their food, by poisoning, spraying, fumigating, trapping or by any other recognized and legal pest eliminative methods ap. proved by the Health Officer. 2.14 I<~LOOR AREA shall mean the net floor area within the en- closing walls of the room exclud- ing buiit-in equIpment such as wardrobes, cabinets, kitchen units or fixtures. 2:15 GARBAGE shall mean the animal and vegetable waste re. suiting from the handling, prepa- ration, cooking and consumption of food. 2.16 GUEST ROOM Is any room or rooms used, Or intended to be used, by a guest for sleel;ing pur- poses. 2.17 HABITABLE ROOM shall mean a room or enclosed floor space used or intended to be used for living, sleeping, cooking or eating purposes, excluding bath- rooms, water closet compartments, laundries, pantries, foyers, com- municating corridors, stairways, closets, unfinished attics, cellars, basement recreation rooms, pri- vate workshops or hobby rooms, utility rooms, and storage spaces. 2.18 HEALTH OFFICER, shan mean legally designated Health Authority of City of Dubuque or his authorized representative. 2.19 INFESTATION shall mean the presence, within or around a dwelling, of any Insects, rodents or other pests. 170 ~ 173 (a) LAVATORIES Every room. ing house shall be equipped with at least ODe flush water closet. one lavatory basin and one bathw tub Or shower for each 6 persons or traction thereof living within the rooming house. Includin&" members of the family of the owner or operator if they share the use of facilities. In a room- ing house in which rooms are let only to males, flush urinals may be substituted for not more than one-half the required num_ ber of water closets. AU such fa_ cilities shall be properly con- nected to approved water and sewerage systems. No such fa- cilities located In a basement or cellar shall count in computing the number of facilities required by this Subsection except when approved by the Health Officer. Every flush water closet, flush urinal, lavatory basin and bath- tub or shower required by the Subsection shall be located with. in the rooming house In a room. or rooms which: (1) Afford prIvacy and are separa te from the habitable rooms. (2) Are accesSible fro m a common hall and without go- Ing outside the rooming house. (3) Are not more than one story removed from the room- ing unit or any occupant in- tended to share facilities. (b) BEDDING AND TOWELS .Where bedding, bedlinen or tow_ es are supplied, the owners or operator shall maintain the bed- ding in a Clean and sanitary manner, and shall furnish clean bed linen and towels at least once each week and prIor to the Jetting of any room to any oc- cupan 1. SECTION o. MINIMUM STAND- ARDS FOR LIGHT, VENTILA- TION AND HEATING 5.0 No person shall occupy as owner. occupant or let to another for occupancy any dwelling, room- Ing house, dwelling unit, or room- ing unit which does not comply with the following minimum stand_ ards for ventilation, light and heating: 5.1 WINDOWS Every habitable room shall have at least one win- dow facing directly to the out_ doors. The minimum total window area for every habitable room shall be not less than one-tenth of the tIoor area of such room nOr less than 10 square feet whichever is greater. Wherever walls or other portions of structures face a win- dOW of any such room and such light-obstructing structures are lo_ cated less than 3 feet from the window and extend to a level above that of the ceiling of the room, such a window shall not be deemed to face directly to the out_ doors and shall not be included as contributing to the required mini- mum total window area. Whenever the only window in a room is a skylight type window in the top of such room, the total window area of such skylight shall equal at least 15 per cent of the tQtal floor area of such room. 5.2 ELECTRIC LIGHTING Ev_ ery haoitable room shall contaIn at least two separate wall-type electric convenience outlets, or one such convenience outlet and one supplied ceiling type electric light fixture, and every bathroom, water closet compartment, laun- Special Session, June 17, 1963 tory basin and bathtub or shower need not be installed in the same room, but said room or rooms shall afford privacy to a person within said room or rooms. 4.3 SHARING BY DWELLING UNITS IN THE SAME DWEL- LING The occupants of not more than two dwelling units which are located in the same dwelling may share a single flush water closet, a single lavatory basin and a sin- gle bathtub or shower provided: (a) Neither of the two dwelling units contain more than two rooms: however, for the purpose of this sub-section, a kitchenette or an efficiency. Kitchen with not more than 60 square feet of floor area shall not be counted as a room. (b) The habitable room area of each of such dwelling units shall equal not more than 250 square feet of floor area. (c) The water closet, lavatory basin and bathtub or shower shall be in good working condi- tion, installed and maintained, and properly connected as re- quired in Subsection 4.2. (d) The shower facility or fa- cilities shall be located within the dwellfng so as to be acces- sible from a common hall or passageway to aU persons shar_ 1ng such facility or facilities, and that: (e) The shower faCility or fa- cUities are contained within a room or rooms, separate from the habitable rooms, which affords privacy and which is accessible to the occupants of each dwel- ling unit without going- through the dwelling unit of another per- son or outside the dwelling. 4.4 RUBBISH STORAGE AND GARBAGE D I S P 0 S A L Every dwelling unit shall have adequate rubbish and garbage storage con- tainers in which to place the gar- bage and rubbish produced there- in. The contaIners shall be of an- proved type not more than 20 gal- lon capacity, equipped with tight covers and adequate handles. In lieu of a garbage container, a dwelling unit may be equipped with a fuel fired incinerator pro- vided it is properly vented into the chimney of the building and is capable of reducing an objection- able odOr In the neighborhood: or a garbage disposal unit connected with an integral part of the sewer- age system of the building and ca- pable of reducing all garbage de. posited therein to particles no greater than one-half inch in any dimension. 4.5 WATER-HEATING FACILI. TIES Every dwelling unit shall have supplied water-heating facil_ ities which are properly installed, maintained in safe and good work- ing condition, properly connected with hot water lines required un- der Subsection 4.1, 4.2 and 4.3 of this ordinance, and are capable of heating water to such a tempera. ture as to permit an adequate amount of water to be drawn at every required kitchen sink, lava- tory basin, bathtub or shower at a temperature of not less than 120 degrees F. even when the heating facUities required by this ordi- nance are not in operation. 4.6 ROOMING HOUSE - ADDI_ TIONAL SAN ITARY STAND- ARDS No rooming house shall be occupied unless all of the fOllowing conditions are complied with: ._i Special Session, June 17, 1963 the condemned dwelling or portlon thereot, the HeaJth Officer may cause the owner of the dwelling prosecuted as a violator of the pro_ visions of this ordinance, and may cause to proceed with the work specified In such notice at the ex- pense of the City. A statement of the cost of such work shall be transmitted' to the City Council, who shall cause the same to be paid and shall assess said cost against the property. 3.10 RIG H T TO DEMOLISH The Health Officer may cause any vacant building or structure to be demolished and removed at the eX~ pense ot the City after violation notices and orders for condemna- tion in a manner provided In Sub- section 3.3, 3.7, and 3.8, when these buildings or structures constitute a menace to the public health, safety or welfare. A statement ot the cost of such work shall be transmitted to the City Council, who shall cause the same to be paid and shall assess saId cost against the property. 3.11 UNAlTTHORlZED REMOV- AL OR PLACARD No person shaH interfere with, obstruct, mu- tilate, deface or remove the offi- cial notice or placard from any dwelling or dwelling unit. 3.12 Costs incurred under Sub- sections 3.8 (f), 3.9 and 3.10 shall be paid out of the City Treasury. Such costs shall be charged to the owner of the premises involved and such costs shall be assessed against the property. SECTION 4. MINIMUM STAND_ ARDS FOR BASIC EQUIPMENT AND FACILITIES 4.0 No person shall occupy as owner-occupant or shall let to an- other for occupancy any dwelling or dwelling unit, for the purpose of living, sleeping, cooking or eat- ing therein, which does not comply with the following requirements: 4.1 KITCHEN FACILITIES Ev_ ery dwelling unit shall contain a foom or space fOr the storage, preparation and cooking of food, which shall include space for a stove or other cooking facilities and space tor dry food storage, and space for refrigerated food storage: and shall include a kitch- en sink Installed. The sink shall be of non-absorbent material, in good working condItion and prop~ arly connected to a hot and cold running water system under pres- sure and approved sewer system, which sInk and system shall be installed and maintained In a man- ner pre scribed by ordinances, rules and regulations of the City of Dubuque. 4.2 LAVATORY FA C I LITIES Every dwelling unit (except as otherwise permitted under Subsec_ tion 4.3) shall be equipped with a complete bathroom group consist- ing of a flush water closet, lava- tory basin, and bathtub or shower in good working condition and In_ stalled and maintained in a man- er prescribed by ordinances, rules and regulations of the City of DU4 buque. Said fixture group shall be prollerly connected to an approved sewer system and to an approved hot and cold running water sys- tem under pressure, except that the flush water closet shall be connected to an approved sewer system and to an approved cold running- water system under pres- sllre. The flush water closet, lava- notice thereot. It the violator does not appear for the hearing, the provision of thIs ordinance shall be enforced. 3.6 DECISIONS After the hear- tng the Board of Health shall sustain, modify or wIthdraw the notice of violation and order de- pending upon its findings. It it clearly appears that, by reasons ot special conditions, undue hardship would result from the strIct ap- pUcation of any section of these Regulations, the Board may per- mit a variance from the manda- tory provfsions thereot, in such a manner that the pUblic safety shall be secured, substantial jus- tlce done and the spirit of the provIsIons of this ordinance be ob~ served, 3.7 ORDERS TO CONDEMN ANY DWELLING, ROOMING HOUSE, HOTEL. MOTEL OR OTHER STRUCTURE COVERED BY THE PROVISIONS OF THIS ORDINANCE MAY BE CON- DEMNED AS UNFIT FOR HUMAN habitation by the Board of Hea.lth if the owner, operator or occupant fa.ils to comply with any provision of this ordinance. 3.8 ORDERS TO VACATE Where a notlce of violation and order to comply has been served pursuant to Subsection 3.3 and upon reIn- spection at the end of the time specified for compliance, it is found that the violation or viola- tions have not been corrected, and if no petition for a hearing be- fore the Board of Health is pend- ing, the Health Officer may order the dwelling or the parts thereof affected by the continued viola- tions vacated In accordance with the following procedures: (a) Dwelling or parts thereof 8hall be vacated within a reason_ able time not to exceed 60 days. (b) No owner or operator shall let any person occupy a dwelling Or dwelling unit which has been condemned and posted after the time allowed by the Health Officer for vacatlng. (c) Vacated dwellings shall have all outer doors and windows bar- ricaded to prevent entry. (d) Vacated dwellings shall have posted at each entrance a sign to read "Do not enter, Unsafe to occupy. .. (e) Vacated dwellings or parts thereot shall not again be used for human habitation until aU violations have been corrected and written determination is obtained from, and such notice ...r placard is removed by the Health Officer indicating tha.t the dwelling complies with this or- dinance. (f) It a dwelUng or part there- of Is not vacated within the time IIpecified In the vacation order, the Health Officer may cause the owner of the dwelling to be prosecuted as a violator of the provifllon of these Regulations, and may cause the order to va_ cate to he carried out at the ex- pense of the City. A statement of the cost of such work shall be transmitted to the City Council who shall cause the cost to be paid and assess said cost against the property. 3.9 NON COMPLIANCE In case the owner shall fa;l, neglect or refuse to comply with the notice and order to re"alr, improve, re- habilitate, or demolish and remove .""""'''lo',.''''' -I.'-~" \Ti'I~:.:d-Jii:;",,~, 172 , , I 175 recoverable by the owner or less- er of such premises for said peri- od, and no action or special pro- ceedings shall be maintained there- for or payment of such for pos- session of saId premises for non- rent, and said premises shall be deemed unfit for human habita. tion and the Health Offfcer may ('Ruse them to be vacated accord- ingly. SECTION 7. G E N ERAL RE- QUIREMENTS RELATING TO THE SAFE AND SANITARY MAINTENANCE OF DWEL- LINGS AND NON-DWELLING STRUCTURES 7.0 No person shall occupy as owner-occupant or let to another for occupancy any dwelling, dwel- IIng unit, rooming house or guest room whIch does not comply with the following minimum standards for safe and sanitary maintenance. 7.1 FOUNDATIONS. EXTERI- OR WALLS AND ROOFS Every foundation, exterIor wall and roof shall be sUbstantially weathertlght, watertight and rodent proof: shall be kept in sound condItion and good repair: shall be capable of affordIng prIvacy: and shall be safe to use and capable of sup- porting the load which normal use may cause to be placed thereon. 7.2 FLOORS, INTERIOn WALLS AND CEILING Every floor, interior wall and ceiling shaH be sUbstantially rodent proot: shaH be kept in sound condition and good repair: and shall be sate to use and capable of supporting the load which normal use may cause to be placed thereon. 7.3 WINDOWS, EX T E R lOR DOORS AND BASEMENT HATCIHVAYS Every window, eX. terior door and basement or cellar door and hatchway shall be sub~ stantially weathertight, watertight and rodent proof: and shall be kept in sound working condition and good repair. 7.4 S T A I R 'V A Y SAN D PORCHES Every Inside and out- side stair, porch, and any appur. tenanc" thereto shall be safe to use and capa1)le of supporting the load tha t normal use may cause to be placed thereon: and shaH be Iwpt in sound condition and good repair. 7.5 P L U M BING FIXTURES E:very plumbing fixture and water and ,vaste pipe shall be propedv installed and maintained in goo(-J sanitary working condition, tree from defects, leaks and obstruc- tions and in accordance with the Plumbing Code. 7.li BATHROOM FLOOR SUR- F ACE Every water closet com- partment floor surface and bath- ,oorn floor surface shall be con. ~tructed and maintained so as to ue substantially Impervious to wa- ter and so as to permit such !loor to he easily kept in a clean and sanitary condition. 7.7 DRAI~S All rain water shall be so drained from every roof so as not to cause dampness in the walls, ceilings or floors of lny habitable room, or of any bathroom or water closet com- jlal.tment. 7.8 EXTEHIOR WOOD SUR~ F'ACES All exterior wood sur- faces shall be adequately protected from water seepage and against (leterioration with a paint cover- iUg- 01' some other suitable materl_ 'i1. Special Session, June 17, 1963 :lnd In buildings hereafter erected, no room in the cellar shall be oc- ,'tlvied for living purposes. A base- ment in buildings erected prior to l11e passage of this ordinance and i II buildings hereafter erected, to be hab:table, must have proper light and ventilation and be wa- tel'I_Toof and rodent proof. Base- ment living- rooms shaH have a '_:elling height of not less than 7' in the clear. The ceiling shall be not less than 3'6" above the level of the grade on the outside. The rt'quired toilet facilWes shall be adjacent to and readily accessIble to the basement living rooms. The flOOr shall be water proof and damp proof. 'Valls and ceiling shaH be finished in a light color. Light and ventilation shall be as provid- ed for in Subsection 5.2 and 05.05. Xo gas service pipe entrance shall he loeated in a basement sleeping room. Xo basement may be occu- ]lIed for living purposes if the floor level is below the Invert oJ the house sewer. fl.6 KITCHEN, USE OF JOINT- LY BY MORE THAN O~E FAM- ILY PfiOHIBITED No kitchen or cooking- accommodations shall be Tlermitted or maintained in any room Or space of any building for the common or joint use of the in- rlividual occupants of a two-fam- jly or multiple family dwelling. 6.7 PROHIBITED USE S No liorse, cow, calf, swine, sheep, g'oat, chickens, geese, ducks, don- lwy, rabbits or pigeons shall be ke,lt in any dwelling or part there. of. The keeping of sheep, rabbits, g'oats 01' cattle is prohibited ex- cept on premises containing over one acre, and except within an en. closure distant at least fifty feet from any side lot Hne or any street line. Poultry shall not be kept oth_ er than within an enclosure dis~ tance at least ten feet from any side lot line and at least fifty feet from any street line or dwelling. Xo dwplling, or the lot or premises thereof, shall be used for the stor- age or handling of rags or junk. 6.8 TEMPORARY OR GARAGE DWELLINGS It shall be unlaw- fnl to erect or occupy an~' struc- tnre whleh is intended to be oc- cupied In whole or part as a tem- porary dwelling unless it com- plies with all the provisions of this (Jrdinance. 6.9 A C C E S S TO PUBLIC STREET Every dwelling shall have direct vehicular access to a public street or a recorded, per- manent, unobstructed easement, other than an alley, not less than 25 feet in width which leads to a public street. 6.10 CERTIFICATE OF COM- PLIANCE No building construct_ ed as or altered into a dwelling shall be occupied in whole or in I [ll't for human habitation until the issuance of a certificate by the Health Officer that said dwel- Iiug suh;;tantially conforms in all respects to the requirements of rh's ordinance. Such certificate shall be issued within 15 days aft- t.!" written application therefor if said dwelling at the date of such application shall be entitled there_ to. 6.11 UNLA'VFUL OCCUPATION rf any building constructed as or aitered into a dwelling be occu- pied in whole or in part for hu- man h:1.bitation in violation of Subsection 6.10, during such un- lawf\il (>ccupation 110 rent shall be ~ Special Session, June 17, 1963 safe condition and in accordance with the City of Dubuque Heating, Ventilating, Air-Conditioning and H.efrigeration Code and aU other applicable laws. No unvented or open flame gas heater shall be permitted. All heating devices or ;,pJlliances shall be of an approved type. ;:;.10 H EAT FURNISHED Ev- ery owner of a dwelLng containing two or more dwelling or rooming units where central heating is furnished shall supply enough heat to all dwelling or roominA' units during occupancy from September ] Gth to June 15th so that the tern. perature of each room is at ieast 60 degTees F. at 6:30 a.m.: 65 de- grees F. at 7:30 a.m. and 70 de~ g-""es F. from 8:30 a.m. to 10:30 p.m. SECTION 6. MINIMUM SPACE, USE AND LOCATION RE- QUIREMENTS 6.0 No person shall occupy or let to another for occupancy any dwelling or dwelling unit, for the purpose of living therein, which does not comply with the following minimum standards for space, lo_ cation and occupancy. 6.1 S I Z E 0 F DWELLING UNIT Every dwelling unit shall contain at least 150 square feet of flOOr space for the first occupant thereof and at least 100 additional "lquare feet of floor area for every 'ld(Htional occupant thereof, the floor space to be calculated on the basis of total habitable room area. 6.2 SIZE OF ROOMS In every ,1weIling unit every habitable room shall contain at least 80 square fect of floor area, except that kItchens, kitchenettes and dinettes may be 60 square feet In area. In f:'ver~' dwelling unit of two or more rooms, every room occupied for sleeping purposes by one occupant shall contain at least 80 square fect of floor space and every room occupied for sleeping- purposes by mere than one oeeupant shall con- tain at least 50 square feet of flOOr spaee for each occupant thereof. Every room used as a liv- ing room shall have a minimum dimension of not less than 10 feet. Every other habitable room, ex- ct'i1t a kitchen, shall have a mini~ mum dim'~'nsion of not less than 7 feet. 6.3 CEILING HEIGHT At least (me-half of the floor area of every !1abitable room shall have a cefl. ing height of at least 8 feet, The floor arEHl of that part of any room wher.. the ceiling height is less I11:u1 5 fept OJ' when the room width is less than 7 feet shall not be considered in computing the us- .tblc floor area of the room for the purpose of determining the maxi~ mum pelmissable occupancy there- of. 6.4 PRIVACY Access to all I'ooms of a dwelling unit shall be {Jrovldt2d without passing through a public corridor or passageway. Access to every living room and to every bedroom shall be made without passing through a bed- room or through a room containing a water closet. In a one and two family dwelling, the provisIons of this section shall not apply to a sleeping porch, sun parlor, solari- um or any other enclosed outside porch acljacent to and entered by wav of a ber,roum. 6:5 C ELL A R Sand BASE- :\IENTS In buildings erected pri- or to the 11assage of this ordInance 5.9 HEATING Every dwelling' shall have heating facilities which are properly installed, maintained in good working condition and are capable of safely and adequately heating all hab:table rooms, bath- roorr.s and water closet compart~ mer.ts in every dwelling unit lo- cated therein to a temperature of at least 70 degrees F. at a distance of 3 feet above floor level, when the outside temperature is minus 15 degrees F. such facilities shaH be installed and maintained In a dry room, furnace room, and pub- lic hall shall contain at least one supplied ceiling or wan-type elec- trIc light fixture. Every such out- let and fixture shall be in working condition and instaned in accord- ance with the requirements of the City of Dubuque Electric Code or National Electric Code. 5.3 LIGHTING OF PUB Lie HALLS Every public hall and stairway in every multiple dwelling and rooming house shall be ade- quately lighted with lighting facil- ities sufficient to provide at least 3 feet_candle of light at the floor or star tread level at all times. Every public hall and stairway in a structure containing not more than four dwelling units may be supplied with conveniently located light switches controlling an ade- quate lighting system which may be- turned on when needed instead of full-time lighting. 5.4 LIGHTING OF BATH- HOOMS Evel'y bathroom and wa~ tel' closet compartment shall con- form to the lighting requirements for habItable rooms. 5.5 VENTILATION Every hab- itable room shan have at least one window or skylight opening direct- ly to the outdoors which can easily be opened, or such other device as '....ill adequately ventilate the room. The total of openable windoW area in every habitable room shall be equal to one-half of the minimum total window area required in Sub- section 5.1, except where there is suppli(:d some other device af- fording adequate ventilation and in accordance with the A]:plicable Code of the City of Dubuque. 5.6 VENTILATION OF BATH- ROOl\IS Every bathroom and wa. tel' closet compartment shall com- ply with the light and ventilation requ:remcnts for habitable rooms contained in Subsection 5.1, 5.2 and 5.5, except wher'e the bathroom or water closet compartment is ade_ quately ventilated by a ventilation system which is kept in continu- ous or automatic operation and in accordance with the Applicable Codes of the City of Dubuque. ;:;.7 SCREENING Fro m April 15th to October 15th of each year, as protection against mosquitoes, flies and other insects, every door opening directly from a dwellin,C>; or rooming unit to outdoor space shall have supplied screens and a self-closing device: and every win- dow or other device with openings to outdoor space, used or intended to be used for ventilation shall likewise be sUI:pJied with screens. 5.8 SCREENS ON BASEME:-JT 'i-VINDOWS Every basement or cellar window used for or intended to be used for ventilation, and ev- ery other opening to a basement which might provide an entry for rodents, shall be supplied with a screen or such other device as will e~fective1y prevent their entrance. ",-.~...~ - 174 'I I 177 tire structure is a buildIng leased or occupied by the operator. 10.6 GUEST REGISTER The owner or operator of every room- Ing house, hotel or motel, shall keep at all times in a convenient jJlace a book or register wherein persons applying for accommoda- tions must sign their name and place of residence before such ac- commodations are furnished and such book or register shall be available tor inspection by the Health Officer at all times. SECTION 11. PERMITS 11.1 PERMITS REQUIRED No person shall operate a multiple dwelling, rooming house, hotel or motel unless he holds a valid per- mit issued by the City Clerk in the name of the operator and for the specific dwelling, roomIng house ,hotel or motel. 11.2 CONDITIONS FOR PER- MIT No permit to operate a mul- tiple dwelling, rooming house, ho- tel or motel shan be issued unless the multiple dwelling, rooming house, hotel or motel complies with all applicable provisions of the Reg_ ula tions. 11,3 OPERATION WITHOUT A l-'ERl\UT Operation of a mUltiple d welUng, rooming house, hotel or motel without a permit shall be violation of this ordinance. SECTION 12. SUB - STANDARD BUILDING 12.1 DEFINITION Any building or portion thereof including any dwelling, dwelHng unit, rooming house, rooming unit or the prem- ises on which the same is iocated, in which there exists any of the following listed conditions to an extent that endangers the health, ::;afety and welfare of the public or the occupants thereof shall be deemed and hereby is declared to be a sub-standard building and shall be condemned as unfit for human habitation: (a) INADEQUATE SAN ITA- TION which shall include but not iJe limited to the following: (1) Lack of, or improper wa- ter closet, lavatory, bathtub or shower in a dweillng unit, (2) Lack of, or improper wa- ter clol:lets, lavatories, and bathtubs or showers per num- ber of persons in a rooming house, hotel Or motel. (3) Lac k of, or improper kI tchen sink. (4) Lack of hot and cold run- ning water to plumbing fix- tures in a dwelling unit, room~ lng house, hotel or motel. (Not exempt uncter section 4..1). (5) Lack of adequate heating facilities. (6) Lack, or improper opera- tion of required ventilating equipment. (7) Lack of mInimum amounts of light and ventUatIon re- quIred by this ordinance. (8) Room and space dimen- sions less than required by thIs ordinance. (9) Dampness of h a b ftable rooms. (0) Infestation 0 t insects, vermin or roden ts. (11) General dilapidation or improper maintenance. (12) Lack ot connection or re~ quired sewage disposal system. (13) Improperly enclosed, ven- tilated Or unsanlta,'y under floor areas. Special Session, June 17, 1963 ~ lease between the parties or oth~ erwise of the maximum number of occupants permitted in the occu- pied premises under this ordi~ nance. SECTIOX 10. ROOMING HOUSES, HOTELS AND MOTELS 10.0 No person shall operate a rooming house, hotel or motel, or shall occupy or let to another for occupancy any rooming unit in an~' roomIng house, hotel or motel ex- cept in accordance with the provi- sions of every section of these reg~ ulations except the provisions of section 4 and 9. 10.1 BASIC E Q U IPMENT Ev- ery rooming house, hotel or motel shall be equipped with at least one flush water closet, one lava- tory basin and one bathtub or shower, properly connected to a water and sewer system approved by tr.e Health Officer and In good working condition. These facili- ties shall be supplied for each 6 persons or fraction thereof resid- ing within a rooming" house, in- cluding members of the operator's family if they share the use of the facilities. In a rooming house, ho- tel or motel, in which rooms art' let onl~y to males, flush urinals may be substituted fOr not more than one-half the required num- ber of water closets. All such fa- dUties shall be so located within the rooming house, hotel or motel, as to be accessible from a com- mon hall to all persons sharing such facilities, afford privacy, anLi be separated from the habitable rooms. Every lavatory basin and Imthtuh shall be supplied with hot water at al times. No such facili- ties shall be located In a basement except by written approval of the Health Officer. Xo person shall use any portion of any multiple dwellin,g' or rooming house as a Illace of storage for any article or material that is combustible or highly flammable, dangerous or detrimental to health, Or so placed that it impedes egress. 10.2 BEDDIXG, BED LINEX AND TO'VELS The owner or op- erator of eVcn' rooming house, ho_ tel or motel, shall maintain the supplied bedding in a clean and sanitary manner, shall change sup- plied bed linens and towels therein at least once a week, and prior to the letting of any room to any oc- cupant. 10.3 1'.1 I N IMlJ:\I SPACE Every room occupied for sleeping pur- poses hy onl} person :-:;hall contain at le:1st 80 square feet of floor ,-;Pace, and eevry room occupIed for sleeping purpose.'! hy more than ,me person shall contain at least 50 square feet of floor space for each occupant thereof. 10.4 MEANS OF EGRESS Ev. ery rooming unit in a rooming house, hotel Or motel. shall have :-:afe. unobstructed means of egress ieading to safe and open space at ground level 1<1; required by the laws of the State of Iowa and the City of Dubuque. 10.5 S A X I TAR Y MAINTE- NANCE BY UWNER The owner or operator of every rooming house, hotel or motel, shalJ be responsible for the sanitary maintenance of a1l walls, floors, ceilings and for main- tenance of a sanitary condition in every other part of the premises. He shall be further responsible for the sanitary ma.intenance of the entire premises where the en- , Session, June 17, 1963 9.2 DWELLING U NIT Every occupant of a dwelUng, dwell1ng unit or rooming unit shall main. tain in a clean and sanitary con- dition that part of the dwelling, dwelling unit and premises which he occupies and controls. 9.3 SUPPLIED FA C I L I TIES Every occupant of a dwelling unit shall keep aU supplied facilities, including plumbing fixtures and cooking equipment in a clean and sanitary condition and shan be responsible for the exercise of reasonable care in their proper use and operation. 9.4 REMOVAL OF WASTE MAT- TER. Every occupant of a dwel- ling unit shall dispose of all rub- bish, ashes, garbage and other or- ganic waste, which might provide (ood for rodents, in a clean and sanitary manner by placing it In garbage disposal facilities or gar- bage storage containers or rub~ bish contaIners, required in Sub- sf'ction 4..4 of these Regulations. Every occupancy shall provide such facilities for and within his dwelling unit and shall maintain them in a clean and sanitary man. nero The owner or operator of a dwelling containing mOre than 2 dwelling units shall be responsible for the clean and sanitary main- tenance of common storage of dis- l)osal facilities. He shall be respon- sible further for placing out for collection of all common garbage and rubbish containers, except where such facilities are for the sole use of an occupant, under which circumstances It shall be the responsibiHty of the occupant to place these containers out for collection. Every owner or opera- tor of every rooming house shall dispose of all rubbish in a clean and sanitary manner by placing it in storage or disposal facilities re_ quired by Sub -section 5.4. 9.5 SCREENS Every owner or operator of a dwelling unit con- taining more than 2 dwelling units shall be responsible for hanging and removing all supplied screens, screen doors or storm dooi'S or windows. In all other cases, it shall be the responsibili- ty of the occupant. 9.6 EX TERM IN ATION OF PESTS Eve l' y occupant of a dwelling containing a single dwel- ling unit shall be responsible for the extermination of any insects, rodents or other pests therein or on the premises. Every occupant of a dwelling containing more than one dwelling unit shall be responsible for such extermination whenever his dwelling unit Is the only one infested. V\'hen however, infestation is caused by failure of the owner or operator to maintain it dwelling in a rodent proof or substantially Insect~proof condi- tion, extermination shall be the responsibility of the owner or op- erator. V\'henever infestation ex~ ists in two or more of the dwelUng units in any dwelling or in the shared or public parts of any dwel~ ling containing two or more dwel- ling units, extermInation shall be the responsibility of the owner or operator. Every owner or opera- tor of a rooming house shall be responsible for the extermination of any insects, rodents or other pests therein or on the premIses. 9.7 NOTICE OF MAXIMUM OC- CUP ANCY Every owner or oper- ator shall advise the occupant In writing either by insertion In the 1.9 'WALLS, CEILING AND IN- TERIOR WOODWORK AU walls, ceUlngs, interior woodwork, doors and windows shall be kept tree (rom flaking, peeling or loose paint. 7.10 MAINTENANCE OF RE_ QUIRED E QUI P MENT AND UTILITIES Every supplied facil- ity, piece of equIpment or utiUty which is required under this ordi- nance, and every chImney and flue pipe shall be so constructed and installed that it will function safe- ly and effectively and shall be maintained In sound working con- dition. 7.11 COOKING EQUIPMENT No owner, operator or occupant shall furnish or use any cooking equip- ment which does not comply with the foHowlng minImum standards: (a) Every piece of cooking eQuipment shall be so construct- ed and Installed that it will func- tion safely and effectively and shall be maintained in sound working condition. (b) Portable cooking equipment employing flame and cooking equipment using gasoline or ker~ osene fLB fuel for cooking are pro- hibited. 7.12 REMOVAL OF SERVICE, FACILITY UTILITY OR EQUIP- .MENT No owner, operator or oc- cupant shaH cause any service, fa- cility, equipment or utility which is required under thIs ordinance to be removed from or shut off from or discontinued for any occupied dweiUng let or occupied by him, except for such temporary inter. ruptIon as may be necessary while actual repairs or alterations are in process, or during temporary emer- gencies when discontinuance of servIce is approved by the health oUlcer. 7.13 OCCUPANCY OF VACANT DWELLING No owner shall oc- cupy or let to any other occupant any vacant dwelling unit unless it is clean, sanitary and fit fOr hu~ man occupancy. 7.14 NO~ - DWELLI:;:\I'G STRUC- TURES AND FENCES Every non-dwelling structure and fence shall be properly maintained and kept in good repair or shall be removed. SECTION 8. EGRESS 8.1 Every dwelling unit or guest room shall have access dIrectly to the outside or to a pubUc corri- dor. For each dwelling unit of ev- ery multiple dwelling above the second story there shall be access to 2 separate usable, unobstructed means of egress either of which is accessible without passing through the other, and every exit from such dwelling units shan lead to a public thoroughfare either di- rectly or through a court or yard. SECTION 9. RESPO~SIBILITIES OF 0 W N ERS. OPERATORS AND OCCUPANTS 9.0 The following responsibilities of owners, operators and occupants are In a.dditlon to those specified elsewhere throughout this ordi- nance: 9.1 PUBLIC AREAS Every own_ er or operator of a dwelling con- taining more than two dwelling units or rooming houses shall be responsIble for maintaining in a clean and sanItary condition the shared or public areas of the dwelling and premises thereof. In all other cases It shall be the re- sponsibility of the occupant. "'.....~,'u,.. Special ~,4 176 ~ 179 Councilman Schreiber m 0 v e d that the proof of pUblication be received and filed. Seconded by Councilman Takas. Carried by the following vote: Yeas-Mayor Kean, Councilmen Schaller, Schreiber, Takas. Nays-None. Absent-Councilman Horgan. ORDINANCE NO. 18-63 An Ordinance conveying the City's interest in that portion of the alley which lies between 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, presented and read. Councilman Schaller moved that the reading just had be considered the first reading of the Ordinance. Seconded by Councilman Takas. Carried by the following vote: Yeas-Mayor Kean, Councilmen Schaller, Schreiber, Takas. Nays-None. Absent-Councilman Horgan, Councilman Schaller moved that the rules be suspended requiring an Ordinance to be read on three separate days, Seconded by Coun- cilman Takos. Carried by the fol. lowing vote: Yeas-Mayor Kean, Councilmen Schaller, Schreiber, Takos, Nays-None, Absent-Councilman ORDINANCE NO. 18.63 An Ordinance conveying the City's in- terest in that portion of the alley which lies between 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., Incorpor- ated, the owner of the Southerly 40 feet of Lot 194 in the Town (now City) of Dubuque, Iowa, a_ccording 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 previously petitioned the City Council for the vacation of that portion of the allev which lies between Iowa and Main Sheets 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 WHEREAS, the City CouncIl nas va- catpd S'1id portion of said alley; and WHEREAS, petitioners have submitted to t uty Coun,:,il for approval a plat showing said portion of said aley desig- nating the same as Julien Hotel Plaza and which plat contains and describes Lots A and B of Julien Hotel Plaza: and HTTl'Elt"EAS. the City Council. by a public hearing held on the 17th day of June, 1963, pursuant to notice published Horgan. Special Session, June 17, 1963 1 6-28 Councilman Schreiber m 0 v e d that the Ordinance be adopted as amended by the Committee's letter and recommendation dated June 13, 1963. Secouded by Councilman Takos. Carried by the following vote: Yeas-Mayor Kean, Councilmen Schaller, Schreiber, Takos. Nays-None. Absent-Councilman Proof of Publication, certified to by the Publisher, of Notice of proposal to dispose of interest in the alley which lies between Iowa and Main Streets for a distance of one hundred sixty.eight and six-tentbs (168.6) feet northerly from Second Street now platted as Lot "A" and Lot "B" of Julien Hotel Plaza in the City of Dubuque, Iowa, presented and read, No written objections were filed and no objectors were present in the Council Chamber at the time set for the public hearing. safety of the people shall prevail \Vhere any provision of this ordi- nance is found to be in conflict with a provision of any other or- dinance or Code of the City of Du_ buque or State of Iowa, which es- tablishes a lower standard, for the promotion and proteetion of the health and safety of the peo. pIe, the provisions of this ordi- nance shall be deemed to prevaiL SECTION 15. PARTIAL INV ALID- ITY 15.1 PARTIAL INVALIDITY If any sub-section, paragraph, sen- tence, clause Or phrase of these Regulations shall be declared in- valid for any reason whatsoever, such decision shall not effect the remaining- portions of this ordI- nance, which shall remain in fulJ force and effect and to this ano the provisions of this ordinance, are hereby declared to be sever- able. SECTION 16. This 01"dinance 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. Passed on second reading on the 3rd day of June, 1963. Passed by recorded roll call vote, adopted and approved this 17th day of June, 1963. James J. Kean MAYOR Louis Schaller John P. SchreilJer Peter J. Takos COUNCILMEN" The Tele- this 28th Horgan. ATTEST: Leo F. Frommelt City Clerk PubliShed officially in graph.Herald newspaper day of June, 1963. Leo F. Frommelt CIty Clerk \ Special Session, June 17, 1963 (1) FIRE HAZARD Any build. ing or portion thereof, device, apparatus, equipment, combus- tible waste, Or vegetation which in the opinion of the Chief of the FIre Department or his deputy, is in such a condition as to cause a fire or explosion or pro- vide a read~' fuel to augment the spread and intensity of fire 01' explosion arising from any cause. (j) FAULTY MATERIALS OF CONSTRUCTION All materials of construction except those which are specificallY allowed Or approved by this ordInance and the Dubuque Building Code, and which have been adequate- ly maintained in good and safe condition. (k) HAZARDOUS OR INSANI- TARY PREMISES Those prem- isfcs on which an accumulation of weeds, vegetation, junk, dead organic matter, debris, garbage, offal, rat harborages, stagnant water, combustible materials, and similar materials or condi- tions constitute fire, health or safety hazards. (1) INADEQUATE EXITS All buildings Or portions thereof not provided with adequate exit fa- cilities as required by this ordi- nance except those buildings or portions thereof whose exit fa- cilities conform with all applic- abie laws at the time of their construction and which have been adequately maintained and increased in relation to any in. crease in occupant load, altera- tion or addition or any change in occupancy. (m) INADEQUATE FIRE PRO- TECTIOX OF FIRE FIGHTING EQUIP~1E~T All buildings or portions thereof which are not provided with the fire resistive construction or fire extinguish- ing systems or equipment re- quired by this ordinance except those buildings or portions there- of which conformed with all ap- plicable laws at the time of their construction and whose fire re- sistive integrity and fire extin- guishing systems or equipment have been adequately main- tained and improved in relation to any increase in occupant load, alteration or addition, or an~' change of occujJancy. (n) IMPROPEU OCCUPANCY All buildings or portions thereof occupied fOr living, sleeping, cooking or eating purposes which were not designed or intended to be used for such occupancies. SECTION 13. PENALTIES 13.1 Any person violating an~' provision of thi~ ordinance shall. upon conviction be puniShed by a fine of not more than $100.00 or by imprisonment for not more than 30 days. Each day's failure to comply with any such provision shall constitute a separate viola- tion. SECTIOX 14. CONFLICT WITH OTHER ORDINANCES AND LAWS 14.1 CONFLICT OF ORDI. NANCES When a provision of this ordinance is found to be in conflict with a provision of an~T zoning, building, fire, safety and health ordinances or Code of the City of Dubuque existing on the effective date of this ordinance the prOVisions which establish the higher standard for the promotion and protection of the health and (e) HAZARDOUS WlRTXG A'] wiring except that 'which con~ formed with all applicable laws in effect at the time of installa. Uon and which has been main- tained in good condition and is being used in a safe manner. (f) HAZARDOUS PLUMBING All plumbing except that which is svecifically allowed or ap- proved by this ordinance and other applicable codes of the City of Dubuque, and which h~s been maintained in good condi- tion and which is free of cross connections and siphonage be- tween fixtures. (g) HAZARDOUS MECHANI- CAL EQUIPMENT All mechan_ ical equipment including vents, except that which conformed with ail applicable laws in effect at the time of installation and which has been maintained in good and safe condition. (h) FAULTY WEATHER PRO- TECTION which shall include but not be limited to the follow- ing: (1) Deteriorated, crumbling or loose plaster. (2) Deteriorated or ineffective waterproofing of exterior walls, roof, foundations or floors, in. eluding broken windows or doors. (3) Defective or I a c k of weather protection for exte~ rior wall coverings, including lack of paint, or weathering due to lack of paint Or other approved protective covering. (4) Broken, rotted, split or buckled exterior wall cover~ illgS or roof coverings (14) Lack of adequate garbage and rubbish storage and re- moval facilities. (b) STRUCTURAL HAZARDS which shall include but not be limited to the following: (1) Deteriorated or inadequate foundations. (2) Defective or deteriorated flooring or floor supports. (3) Flooring or floor supports of insufficient size to carry im- posed loads with safety. (4) Members of walls, parti~ tions or other vertical sup- ports that split, lean, list or buckle due to defective mate- rial or deterioration. (5) Members of walls, partl~ tions or other vertical sup~ ports that are of insufficient size to carry impOlled loads with safety. (6) Members of ceilings, roofs, ceiling and roof supports or o the r horizontal members which sag, split or buckie due to defective material or deteri- oration. (7) Members of ceilings, roof, ceiling and roof supports, or other horizontal members that are of insufficient size to carry imposed loads with safety. (8) Fireplaces or chimneys which list, bulge Or settle due to defective materia.! or dete- rioration, or which are of in- sufficient size of strength to carry imposed loads with safe- ty. (c) NUISANCE Any nuisance as defined in sub-section 2.21 of this ordinance. (d) UNFIT DWELLfNG A n .v dwelling or dwelling- unit unfi l for human habitation as deemed In sub-section 2.34 of this ordi. .~..,' 178 181 be recommends granted. Respectfully submitted, DUbuque Planning & Zoning Commission OWEN RILEY Secretary Mayor Kean moved that the rec- ommendation of the Commission be approved. Seconded by Council- man Takas. Carried by the follow- ing vote: Yeas-Mayor Kean, Councilmen Schaller, Takas. Nays-None. Absent-Councilmen Schreiber. Horgan, ORDINANCE NO. ~3 An Ordinance Amending the Zoning Ordinance of the City of Dubuque by Repealing Section 1 of Article 4 of the Zoning Ordi. nance of the City of Dubuque and Enacting a Substitute therefore to Authorize Additional uses in the Multiple Residence District, pre- sented and read. Councilman Schaller moved that the reading just had be considered the first reading of the Ordinance. Seconded by Mayor Kean. Carried by the folIowing vote: Yeas-Mayor Kean, Councilmen Schaller, Takos. Nays-None. Absent-Councilman H 0 r g a n, Schreiber. Councilman Schaller moved that the rules be suspended requiring an Ordinance to be read on three separate days. Seconded by Mayor Kean. Carried by the following vote: Yeas-Mayor Kean, Councilmen Schaller, Takos. Nays-None. Absent-Councilmen H 0 r g a n, Schreiber. petition that Special Session, June 17, 1963 known as Ordinance No. 3-34 of the City of Dubuque to change Lot 1 of Lot 1 of Boxleiter's Sub. of Lot 1 of Caroline Boxleiter's Sub. of Mineral Lot 160; Lot 1 of Lot 2 of Lot 2 of Caroliue Boxlei- ter's Sub. and Lots 2, 3, 4, 5 & 6 Sidonia Hosfords Sub. to Multiple Family Residence District Classi- fication, presented and read. Councilman Schreiber moved that the reading just had be con- sidered the first reading of the Ordinance. Seconded by Mayor Kean. Carried by the following vote: Yeas-Mayor Kean, Councilmen Schaller, Schreiber, Takas. Nays-None. Absent-Councilman Horgan. Councilman Schreiber m 0 v e d that the rules be suspended re- quiring an Ordinance to be read on three separate days. Seconded by Mayor Kean. Carried by the following vote: Yeas-Mayor Kean, Councilmen Schaller, Schreiber, Takas. Nays-None. Absent-Councilman Horgan. Councilman Schreiber moved that a public hearing be held on the Ordinance on July 15, 1963, at 7:30 o'clock P.M. D.S.T. in the Council Chamber at the City HalI and that the City Clerk be in. structed to publish notice of the hearing in the manner required by law. Seconded by Mayor Kean. Carried by the folIowing vote: Yeas-Mayor Kean, Councilmen Schaller, Schreiber, Takos. N ays-N one. Absent----Councilman Horgan. Councilman Schreiber left the Council Chamber at 8:50 p.m. 1963 June 14, Mayor I I I I I Special Session, June 17, 1963 Horgan. June 3, 1963 To the Honorahle Mayor and City Council, Gentlemen: The petition of Mrs. Lillian B. Harwood et al requesting rezoning of the east side of North Grand- view Avenue between West Third Street and the present Local Busi- ness Zone at Delhi Street to Mul- tiple Family District and the companion petition of Edmund R. Siegert requesting inclusion of this area in the section of use Classification of Multiple Family Zone that allows the operation of a Funeral Parlor in this Multi. pIe Family Zone has been consid- ered by the Planning & Zoning Commission. This particular area is now oc- cupied by a business zone on the corner of Delhi and North Grand- view. The balance of the block is zoned two family. The Planniug & Zoning Commis- sion believed that the proposed rezoning and subsequent improve. ment as stated would improve this area. that & 'I ~ of N. Grandview Avenue from Delhi to W. Third from Two Fam- ily to Multiple Residence District Classification, presented and read. Councilman Schreiber moved that the communication be received and filed. Seconded by Councilman SchaUer. Carried by the foUowing vote: Yeas-Mayor Kean, Councilmen SchaUer, Schreiber, Takos. Nays-None. Absent-Councilman Therefore we recommen the petitiou be granted. Respectfully submitted, DUBUQUE PLANNING ZONING COMMISSION OWEN RILEY Secretary d Councilman Schaller moved that a public hearing be held on the Ordinance on July 15, 1963, at 7:30 P.M. D.s.T. in the Council Chamber at the City HaU and that the City Clerk be instructed to publish notice of said hearing in the manner required by law. Seconded by Mayor Kean. Carried by the foUowing vote: Yeas-Mayor Kean, Courr ~ Schaller, Takos. Nays-None. Absent-Councilmen Schreiber. aten Horgan, Attest: Leo F. Frommelt City Clerk Published officially in The Telegraph. Herald newspaper thIs 21st day of June, 198!. 180 in the Telegraph Herald on the 24th day of May, 1983 and on the 31st day of May 1963, has determined that it Is In the best pubUc interest that all of the Interest of the City of Dubuque in ana to said portion of said alley be conveyed to the owners of the abuttinQ' oro"...rt" as foUowa: Lot A of Julien Hotel Plaza to Fischer Realty Company, an Iowa corporation, and Lot B of Julten Hotel Plaza to Fischer &: Co., Incorporated, an Iowa corporation. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCn.. OF THE CITY OF DUBUQUE, IOWA: Section 1. That the plat of said va- cated porUon of said alley be and the same Is hereby approved. Section 2. That the form of the two deeds hereto attachedl to be executed by the Mayor and Ci y Clerk convey- in, all right, title and interest of the City of DUbuque. in and to said portion of said alley, be and the same are here- b,' approved. Section 3. That the Mayor and City Clerk be and they are hereby authorized to execute and deliver two quitclaim deedJI. quitclaiming all riRht. title and interest of the City of Dubuque in: Lot A of Julien Hotel Plaza in the City of Dubuque. Iowa, according to the recorded plat thereof to Fischer Realty Company, an Iowa corporaUon; and Lot B of Julien Hotel Plaza in the City of Dubuque, Iowa. according to the recorded plat thereof to Fischer &: Co.. Incorporated, an Iowa corpor.Uon. reserving in both deeds. however, all easements for water. sanitary sewer. electric power. telephone. television c.bl~1 ,as and telegraph lines situated in Bald portion of said lots. and further reservmg the rights of ingress and egress to examine. repair. maintain. con. stru,ct and reconstruct said water. sani- tary sewer. electric power, telephone. television cable, gas and telegraph lines. Section 4. That the costs of publlca- tiCD be paid equally by Fischer Realty Company and Fischer &: Co., Incorpor- ated and that no Abstract of Title be furnisheCl. Section S. That the City Clerk is here- by directed to record a certIfied copy of this Ordinance in the Office of the County Recorder of Dubuque County, Iowa. Passed. adopted and approved this 17th day of June, 1963. James J. Kean MAYOR Jolm P. Schreiber Louis Schaller Peter J. Takos COUNCILMEN ~ To the Honorable and City Council, Gentlemen: The petition of George N. Giel lis requesting placing of the area between Fifteenth and Sixteenth Streets and between Main Street and the alIey first west in the Multiple Family Residence District Classification permitting profes- sional office, has been considered by the Planning & Zoning Com- mission. The adjacent areas are presently within this Classification and the Planning and Zoning Commission Councilman Schreiber moved that the recommendation of the Planning & Zoning Commission be approved. Seconded by Councilman Takos. Carried by the following vote: Yeas-Mayor Kean, Councilmen Schaller, Schreiber, Takos. Nays-None. Absent-Councilman Horgan. ORDINANCE NO. 19-63 An Ordinance Amending the Zoning Map and Zoning Ordinance 6/21 Councilman Schaller moved the adoption of the Ordinance. Sec- onded by Councilman Takos. Car- ried by the fOlIowing vote: Yeas-Mayor Kean, Councilmen Schaller, Schreiber, Takos. Nays-None. Absent-Councilman Horgan. Communication of Adams Real~ ty Co. advising that they have no objection to rezoning the east side Leo F. Frommelt City Clerk 11 i ! ;1 ii .11" 183 1963 To the Honorable and City Council, Gentlemen: Herewith submitted for your consideration is subdivision plat of Lots 18 to 27 incl. Block 3; Lots 10 to 15 incl. Block 4; Lots 1 to 19 incl. Block 5 and Lots 1 to 14 incl. Block 6 of Sunset Park. This is part of a large area being developed north of Asbury Road and West of Old Timers Road. This plat has been approved by the Planning and Zoning Commis- sion. ~I ~ 14, June Mayor Special Session, June 17, 1963 Carried Horgan, Respectfully submitted, DUbuque Planning & Zoning Commission OWEN RILEY Secretary Councilman Takas moved that the recommendation of the Com- mission be approved. Seconded by Mayor Kean. Carried by the follow- ing vote: Yeas-Mayor Kean, Councilmen SchaUer, Takos. Nays-None. Absent-Councilmen Schreiber. Horgan, 101-63 Resolution approving the plat of Blocks 3, 4, 5 and 6 of Sunset Park Subdivision in the City of Dubuque, Iowa Whereas, there has been filed with the City Clerk a plat in which: Lot A Block 3, the North 460 feet of the South 910 feet of Lot 1 of Mineral Lot 451 aud the South 463 feet of Lot 2 of Lot 1 of Lot 1 of Mineral Lot 452 in Township 89 North, Range 2 East of the 5th Principal Meridian in the City of Dubuque, Iowa, i3 platted as Lots 18 through 27 Block 3, Lots 10 through 15 Block 4, Lots 1 through 19 Block 5, Lots 1 through 14 and Lot A Block 6 Sunset Park Subdivision in the City of Dubuque, Iowa, by Schl itz Development Corpora- tion as Owner thereof; and Whereas said plat has been ex- amined by the City Plan Commis- sion and approved by said body; aud Whereas upon said plat appears streets to be known as "Waller Street" and "Dove Street" and RESOLUTION NO. Seconded by Mayor Kea by the following vote: Yeas--Mayor Kean, Councilmen SchaUer, Takos. Nays-None. Absent-Councilman Schreiber. RESOLUTION NO. 100-63 WHEREAS, on the 12th day of April, 1963, death ended the ac- tive life of Raymond Bergquist; and WHEREAS, Raymond Bergquist had, through his generosity and love for this community, earned the affection of the people in the City of Dubuque, Iowa; and WHEREAS, the stature he attained in this community by his exemplary life and sacrifice of personal time and monetary gain in order to best serve the community by his many efforts, and his willingness to work for any service that would make Dubuque, for all its citizens and visitors, a better place in which to live and work; BE IT THEREFORE RESOLVED that the Mayor and the City Coun- cil of the City of Dubuque, Iowa, does, by this resolution and public record, recognize the widespread influence of Raymond Bergquist upon the development of Dubuque, Iowa, recognizing that his death is a distinct loss to the City in which he worked and won admiration and affection. BE IT FURTHER RESOLVED, that this resolution be made a matter of public record and that a copy of this resolution be sent to Mrs. Raymond Bergquist, in rec- ognition of Mr. Bergquist's con- tributions to this community. Adopted aud approved this 17th day of June, 1963. JAMES J. KEAN Mayor LOUIS SCHALLER PETER J. TAKOS Councilmen Attest: LEO F. FROMMELT City Clerk Councilman Takas moved the aJoptian of the resolution. Sec- onded by Councilman Schaller. Carried by the following vote: Yeas-Mayor Kean, Councilmen Schaller, Takos. Nays-None. Absent-Councilmen Schreiber. Juue 17, 1963 Nays-None. Absent-Councilmen Schreiber. .". o r g a n, ~ H \ Horgan, Petition of Donald Burke et al requesting that the tennis court lights be put in operating order located at the corner of Dodge and Booth streets, presented and read. Mayor Kean moved that the petition be referred to the Recrea~ tion Commission for investigation and report. Seconded by Council~ man Schaller. Carried by the fol- lowing vote: Yeas-Mayor Kean, Schaller, Takas. Nays-None. Absent-Councilmen Scheriber. Petition of Durrant & Bergquist requesting the extension of the present multiple residence district zoning classification district to in- clude the east side of Rockdale road southernly approximately 480' aud include Lot 1 of 1 of 1 of 1 of 2 of M. L. 10 and Lot 2 of 1 of 1 of 1 of 2 of M. L. 10, presented and read. Councilman Schaller moved that the petition be re~ ferred to the Planning & Zoning Commission. Seconded by Mayor Kean. Carried by the following vote: Councilmen Horgan, Petition of Lyle K. Davis re~ questing a refund of $6.00 on a building permit for the building of a garage, which was actually never built, presented and read. Councilman Schaller moved that the refund be granted and the Auditor instructed to draw proper warrant. Seconded by Councilman Takos. Carried by the following vote: Councilmen Horgan, Councilmen Petition of Retail Merchants Bu. reau requesting several concessions relative to the Julien Dubuque Summer Carnival, such as permis- sion to display merchandise for sale on the sidewalks, use of park. ing spaces on Iowa between 9th and 10th streets, blocking off of parking spaces, presented and read. Councilman Takos moved ap- proval to the requests subject to the approval of the City Manager. Special Sessio 182 Horgan, Yeas-Mayor S('haller, Takos. Nays-None. Absent-Councilmen Schreiber. Petition of the Telegraph Herald Corporation requesting considera- tion on the acquisition of city. owned property adjacent to their north property line, presented and read. Councilman Takos moved that the petition be referred to the City Manager and Council. Sec- onded by Mayor Kean. Carried by the following vote: Yeas-Mayor Kean, Schaller, Takos. Nays~None. Absent-Councilmen Schreiber. Kean, Councilmen H 0 r g a n, Petition of Louis E. Kartman et al requesting revocation of the Class "B" beer license issued to Clarence J. Hagge Jr. at 1415 Rhomberg Ave. because of a false statement in the application and also that the property has lost its non.conforming status due to aban. donment of the premises for one year, presented and read. Council~ man Takas moved that the peti- tion be referred to the City Solici- tor for investigation and report. Seconded by Councilman Schaller. Carried by the following vote: Councilmen H 0 r g a n, Attorney VanEtten addressed the Council in support of the objecting petitioners to the issu- ance of the Hagge license by stat- ing that a statement as to business district is not correct, also that the non-conforming use status is lost. Mr. Bandy stated that he is of the opinion that the building is a store building. Petition of Frank E. Kelly reo questing possible purchase of city owned property located east of Vine street steps on Dodge street, presented and read. Councilman Schaller moved that the petition be referred to the City Manager. Seconded by Councilman Takos. Carried by the following vote: Yeas-Mayor Kean, Councilmen Schaller, Takos. Yeas-Mayor Kean, Schaller, Takas. Nays-None. Absent-Councilmen Schreiber. ,'Yeas-Mayor Schaller, Takas. Nays-None. Absent-Councilmen Schreiber. Kean, ~. , I .. Eagle Food Centers, Inc. 3033 Asbury Street. Eagle Food Centers, Inc. 200 South Locust. Theodore J. Ferring. 385 East 13th Street. Authony F. Fecker, 2119 Rhomberg Avenue. The Sunshine Circle-Finley Hospi- tal, 1480 Allison Place. Fischer Bowling Lanes Club, 880 Locust Street. Mrs. Romona Fettgather, 1103 Iowa Street. La Verne Felderman, 1889 Jackson Street. Frank & Dan's Sinclair Service, 665 Dodge Street. Great Atlantic & Pacific Tea Com- pany, 1101 Central Avenue. Great Atlantic & Pacific Tea Com- pany, 2685 Dodge Street. Elwood Gatton, 1598 Elm Street. George R. Hunt, 229 Eighth AVe. John J. Heiderscheit, 1278 Central Avenue. Julien Hotel, 200 Main Street. Knights of Columbus, 781 Locust Street. Walter W. Knoll, 205 Kaufmann Avenue. Phillip T. Langas, 701 Central AVe. 'Ernest Latham, 1205 Cleveland Avenue. Melvin C. Lynn, 424 West Locust Street. Donald M. Love, 250 West 6th St. John J. Ludescher, 1897 Clarke Drive. Loras College, 655 Loras Blvd. Carl E. Miller, 1096 Ceutral AVe. Carl N. Nagelmaker, 3203 Jackson Street. Mrs. Josephine Nicks, 103 East 22nd Street. Mrs. Denise O'Neill, 55 Locust St. Thomas Oeschger, 815 West 5th Street. William O. Olson, 1097 Jackson St. Cletus Pauly, 1200 Iowa Street. Clarence J. RObey, 195 East 14th Street. Mrs. Cloetta 55 Street. 185 (#144) (#109) D. Chavenelle City Manager Isl L. J. Schiltz Dated July 10, 1963 Councilman Schaller moved the adoption of the resolution. Second- ed by Councilman Takas. Carried by the following vote: Yeas-Mayor Kean, Councilmen Schaller, Takos. Nays-None. Absent - Councilmen Horgan, Schreiber. RESOLUTION NO. 102-63 BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the following, having complied with the provisions of law relating to the sale of Cigar- ettes within the City of Dubuque, Iowa, be granted a permit to sell Cigarettes and Cigarette Papers within said City. Name Address Herbert E Althaus, 1575 Central Avenue. Merlin Apel, 1195 Dodge Street. John L. - Richard - Robert Beecher, 2399 White Street John Beecher, 1691 Asbury Street. Gordon Cunningham, Bunker Hill Golf Course. E;arl G. Corbett, 908 Rhomberg Avenue. Harold A. Cosley, 1121 University Avenue. Dubuque Metal Trades Counci West 6th Street. Dubuque Golf and Country 260 Randall Place. Eagle Food Centers, Inc. 1800 Elm Street. ACCEPTANCE OF RESOLUTION NO. 101-63 Schlitz Development Corporation having read the terms and condi- tions of the foregoing Resolution 101.63 aud being familiar with the contents thereof, hereby accepts the same and agees to perform the conditions therein required. SCHLITZ DEVELOPMENT CORPORATION Gilbert J. H. Schiltz Special Session, June 17, 1963 To Leo F. Frommelt, City Clerk: This is to certify that the secur- ity required for the foregoing Resolution 101-63 has been pro- vided by the Owner. Dubuque, Iowa. July 10, 1963 /s/ ~ 7th 8th & South South d. f. g. Washington 4th Lo- e. East West Company. 620 34-36 176 1260 L. Ricke. Charles Scherrer, Street. Robert E. Sullivan, Grandview. Paul Schollmeyer, cust. Roshek Brothers Locust Street. Richard G. Rink, Street. 111 Club, (#130) the City of Dubuque Standard Specifications for Pcrmanenj Sidewalks. To install water mains in ac- cordance with plans submitted with the plat. To install sanitary sewers in accordance wit h plans sub- mitted with the plat. To install sanitary sewer and water house laterals for each lot to behind the property line. To construct the foregoing improvements in accordance with plans and specifications approved by the City 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 main- tain the water mains and sani- tary sewers for a period of four (4) years from the date of its acceptance. 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 30, 1964. k. To construct sidewalks prior to November 30, 1965. and further provided that Schlitz Development Corporation as Owner of said Subdivision secure the per- formance of the foregoing condi- tions by providing security in such sums and with such sureties as may be acceptable to the City Manager; Section 3. That in the event Schlitz Development Corporation shall fail to execute the accept- ance and provide security provided for in Section 2 hereof within forty- five (45) days from the date of this Resolution the provisions here- of shall be null and void and the acceptance of the dedication and approval of the plat shall not be effective. Special Session, Jnne 17, 1963 also easements for public utilities which the Owner upou said plat has dedicated to the public forever and Passed, adopted and approved by recorded roll call vote this 17th day of June, A.D., 1963. JAMES J. KEAN Mayor LOUIS SCHALLER PETER J. TAKOS Councilmen LEO F. FROMMELT City Clerk Attest: Whereas, said plat has been found by the City Council to con- form to the Statutes and Ordin- aD(~es relating thereto except that the streets have not been reduced to grade or paving, sewer or water services, or sidewalks installed therein; NOW THEREFORE, BE IT RE. SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the dedication of Waller Street and Dove Street, together with the easements for public utilities all as the same ap- pears upon said plat, be and the same are hereby accepted and that said streets be and they are hereby establishd as public streets in the City of Duhuque; Section 2. That the plat of the Lot A Block 3, the North 460 feet of the South 910 feet of Lot 1 of Mineral Lot 451 and the South 463 feet of Lot 2 of Lot 1 of Lot 1 of Mineral Lot 452 in Township 89 North, Range 2 East of the 5th Principal Meridian in the City of Dubuque, Iowa, which will here- after be known as Lots 18 through 27 Block 3, Lots 10 through 15 Block 4, Lots 1 through 19 Block 5, Lots 1 through 14 and Lot A Block 6 of Sunset Park Subdivision in the City of Dubuque, Iowa, is hereby approved and the Mayor and City Clerk are hereby author- ized and directed to endorse the approval of the City of Dubuque upon said plat providing the Own- er of said property, hereinbefore named, executes written acceptance hereto attached, agreeing: a. To reduce Dove Street and Waller Street to grade as shown by the profiles submit- ted with the plat; b. To surface Dove Street and Waller Street for a width of 30 feet with 8" Rolled Stone Base, 21h:" Asphaltic Concrete Surfacing and with Concrete Curb and Gutter. All of the foregoing shall be -constructed according to the latest City of Dubuque Specifications. c. To install sidewalks on both sides of Dove Street and Wal- ler Street in accordance with 184 -~'-"';':;' 187 Special Session, June 17, 1963 conded by Councilman Takas. Car- ried by the following vote: Yeas-Mayor Kean, Councilmen Schaller, Takos. Nays-None. Absent - Councilmen Horgan, Schreiber. There being no further business Mayor Kean moved to adjourn. Se. conded by Councilman Schaller, Carried by the following vote: Yeas-Mayor Kean, Councilmen Schaller, Takos. Nays-None. Absent Councilmen Schreiber. Horgan, 1963 1963 , ~ ~ Leo F. Frommelt City Clerk City Clerk Approved Adopted Special Session, June 17, 1963 Mr. & Mrs. Raymond Rhomberg Avenue. Fay Miller, 1298 Main Street. lone Miller, 1322 Central Avenue. Richard J. Manternach, 380 East 20th Street. Howard F. McCauley, 20th & Cen- tral Avenue. Raymond McLaughliu, 2222 Central Avenue. Sally Pfab, 1048 Maiu Street. Thos. E. Reisdorf, 521 East 22ud Street. Thomas P. Richman, 2319 Prince Street. Roger Rommel, 1005 Rockdale Rd. Elmer Rommel, 693 Dodge Street. B. S. Rueguitz, 629 Rhomberg Ave. Marionett Tindell, 553.8th Avenue. William J. Tindell, Jr., 1105 Uni. versity Avenue. Paul Wong & Chuck Wong, 353 Main Street. Harold E. Specht, 3003 Asbury St. American Legion, Dubuque Post #6, 290 West 4th Street. George K. Arvanitis, 1958 Central Avenue. Carl N. Brant, 2600 Central Avenue. Charles W. Callahan, 2635 Univer- sity Avenue. Raiph J. Cremer, 731 Rhomberg Avenue. 1501 Kratz, 186 Mrs. Jennie Mrs. Patricia Street. Mark R. Smith, 400 Central Ave. Walter Thorpe and Jerome Steffen, 951 Main Street. John Tench and Vincent W. Mesch- er, 1233 Rhomberg Avenue. Mrs. Arthur Marita Trapp, 1266 Central Avenue. Norbert Tigges, 2774-2776 Jackson Street. Elmer L. Treivieler, 2103 Jackson Street. Veterans of Foreign Wars, Leo A. Schwind Post #508, 1638 Central Avenue. Wareco System of Iowa, 700 Rhom- berg Avenue. Fred Weiner, 1101 White Street. Louis Winkler, 625 Central Avenue. John M. Ward, 2284 University Avenue. Clarence Welu, 1988 Jackson St. Merlyn L. Weber, 1904 Central Ave. Kenneth Waul, 2850 Burlington Street. Ming Wong, 280 Main Street. Mrs. Eunice L. Wright, 2600 Jack- son Street. Harriet Bush, 700 East 16th Street. William G. Fenelon, 2528 Central Avenue. Ken Fenelon, 720 Main St. 776 East 16th Sarris, Sarris, Councilmen Attest ~ Clark Oil and Refining Dodge Street. Disabled American Veterans Inc., 951'h Main Street. Otto L. and Minnie M. Radloff. 1395 Brown Avenue. Inc., 3200 Inc., 250 Arthur Apel, 1176 Iowa Street. BE IT FURTHER RESOLVED that the bonds filed with the ap- plication be approved. Passed, adopted and approved this 17th day of Juue, 1963. JAMES J. KEAN Mayor LOUIS SCHALLER PETER J. TAKOS Councilmen Attest: LEO F. FROMMELT City Clerk Councilman Schaller moved that the adoption of the resolution. Se. 1005 Cluh, Central Market, Pres. Thompson's Food Market, John F. Thompson, Pres. Jackson Street. Co. 1006 Thompson's Food John F. Thompson, West 1st Street. Mrs. Eileen Wunder, Avenue. 3166 Jackson Street Carl Herburger, 2987 Jackson St. Clarence J. Hagge, Jr., 1415 Rhom. berg Avenue. Joseph P. & Bernice Hillard, 431 Rhomberg Avenue. John Henry, 1075 Dodge Street. Richard D. Lonergan, 500 Rhom- berg Avenue. Thomas Lilly, 555 Main Street. Joseph E. Bell, 263 Main Street. Clyde L. Bradley, 3198 Central Avenue. (Jack) Lucy Curry, 7-B Fischer Building. Miltou E. Chapman, 1399 Jackson Street. Melvin Deutmeyer, 351 Dodge St. Duhuque Packing Company (Retail Store), 16th & Sycamore. Dubuque Boat Club, Inc., 2656 Lin- coln Avenue. J. Russell Evans, 29 West 8th Ave. Leo Heiden, 238 West 6th Street. Julien Dubuque Gulf Service, 30 Locust Street. Douald Junghlut, 1481 Dodge St. Iowa 720 Crane, Leonard Street. i I I I I '1 ~ 189 Harold A. Casey, 655 Clarke Drive. Clarke College, 1550 Clarke Drive. Robert S. Chapman, 429 Main St. Florence Deutsch, 45 West 13th St. Mrs. Alice E. Erschen, 2620 Uni- versity Avenue. Robert J. Friedman, 620 East 16th Street. Alford F. Finch, 1347 Central Ave. Marco Guinta, 2022 Central Ave. Bernice Kress, 2403 Central AVe. James Kachevas, 439 Main Street. Mrs. Thelma Mardauss, 410 Eighth Avenue. Joseph McGeough, 201 West 1st St. Joseph E. Ginter, 469 Main Street. Irvin Nachtman, 2595 Rhomberg Avenue. Andrew Paulos, 926 Main Street. Mrs. Emma Scherer, 1187 Iowa 8t. Katbleen Story, 1091 White Street. Richard Schueller, 2900 Jackson Street. Ralph Warren, 1700 Central Ave. Clem Wagner, Loras at Central Avenue. BE IT FURTHER RESOLVED that the bonds filed with tbe appli- cations be approved. Passed, adopted and approved this 25th day of June, 1963. JAMES J. KEAN Mayor JOHN P. SCHREIBER LOUIS SCHALLER Councilmen FROMMELT City Clerk Councilman Schreiber moved the adoption of the resolution. Second- ed by Mayor Keau. Carried by the following vote: Yeas-Mayor Kean, Councilmen Schaller, Schreiber. Nays-None. Absent - Councilmen Horgan, Takas. RESOLUTION NO. 104-63 WHEREAS, applications for Beer Permits have been submitted to this Council for approval and the same have been examined, NOW, THEREFORE, BE IT RESOLVED by tbe City Council of the City of Dubuque, Iowa, tbat the followiug applica. tions be granted and licenses be issued upon the compliance with the terms of the ordinances of the City. LEO F. June 25, 1963 Attest Session, Richard N. ellSt. Lincoln Schaffert, 1900 Washing- ton Street. Donald W. Scbuster, 2404 Ceutral Avenue. James J. Scherrer, 1198 White St. Raymond L. Tschiggfrie, 1190 DOdge Street. Zeno A. Tranel, 598 Main Street. Carl Van Duelman, 590 Clarke Drive. Mrs. Elsie Vrotsos, 1255 Washing- ton Street. Veterans of Foreign Wars, Gerald F. Winters Post #9663, 115 West 22nd Street. Donald E. Wertz, 1545 South Grand- view. Beatrice Winkler, 1400 Central Avenue. Xavier Hospital Gift Shop, Davis & Windsor Avenue. Cruso A. Alba, 2601 Jackson Street. Merlin K. Abing, 408 West Locust. Mrs. Marion J. Bridge, 2038 Cen- tral Avenue. Joseph F. Costa, 1091 Main Street. Willard J. DriscoIl, 509 Eighth Avenue. Melville L. Donovan, 1876 Ceutral Avenue. Robert A. Freund, 805 West 5th Street. Clement R. Fleckenstein, 2995 Cen- tral Avenue. William F. Hancock, 2205 Carter Road. Kissell Grocery, 611 University Avenue. Mrs. Elizabeth Krajnovich, 239 West 6th Street. Cecil J. McMahou, 649 East 16th Street. Cletus J. Meyer, 253 Main Street. National Tea Co., 2013 Ceutral Ave. Mrs. MarceIla Roeder, 25 West 7th Street. John Savary, 827 Dodge Street. Emily J. Scholtes, 600 Central Ave. William J. White, 1993 Asbury St. Mrs. Helen J. Wiener, 709 Univer- sity AVenue. Harold Welter, 534 Rhomberg Ave. LeRoy Utzig, 802 Central Avenue. George T. Vrotsos, 605 Main Street. Herbert F. Bisping, 1401 Elm St. Alau D. Brayton, 3200 Central Ave. Leonard P. Bertsch, 304-326 Main Street. Lo. ~ Mrs. Josephine Burke, 215 West 9th Street. Street. 450 West \ , Special Locust , Stecklein, 582 Club, Eagles w. 1963 Mrs. Alma Henkel, 241 Main St. Anthony Helling, Jr., 701 Dodge Street. Hartig Drug Company, 93 Locust Street. Hartig Drug Company, 2205 Cen- tral Avenue. Hartig Drug Company, 730-736 Main Street. Holiday Inn Motel, 1122 Dodge St. Mrs. Helen M. Hafeman, 785 Grove. land Place. John P. Hemmer, 698 Central Ave. Harry Kopple, 1098 University Avenue. Hubert J. Kress, Jr., 532 East 22nd Street. DeForrest O. KoeIler, 127 West 6th Street. Frank Karigan, 2199 University Avenue. Robert Kehl, 62 Locust Street. Kenneth J. Love, 802 Iowa Street. Ray & Angeline Luchsinger, .2372 Central Avenue. Mrs. Anna K. Laury and Joseph R. Lenger, 498 North Grandview AVenue. Maurice MeIlon, 1027 Rhomherg Avenue. Earl J. McNamara, 1046 University Avenue. Mrs. Marcella McCarty, 2093 Wash. ington Street. Mercy Hospital Gift Shop, James & Peabody Sts. Cy Melt!, 1555 Central Avenue. Veruon Meyer, 530 East 22nd St. John C. Neumiester, 729 Lincoln Avenue. National Food Stores, 1313 Dodge Street. John E. Noel, 2400 Central Avenue. Albert J. Ney, 1342 Central Ave. Mrs. Helen O'Mara, 1397 Washing- ton Street. Joseph S. Polfer, 2612 Dodge St. Emily S. Page, 75 East 4th Street. Michael F. Pusateri, 1292 Main Street. Hawthorne Central Leo Sun, 206 West 3rd Street. Donaid Sand, 2364 Washington St. Mathias A. SchneIler, 132 Eighth Avenue. Mrs. Marie Sand, 1961 Central Ave. Peter Schwartz, 574 East 16th Sl. Louis A. Ring, 115 West 11th St. Joseph E. Reisdorf, 601 Rhomberg Avenue. 2690 1860 Donald Schroeder, Avenue. Bowl Riverside Street. Session, June 25, Mrs. Louis Anthoine, Street. Robert Bowen, 58th Avenue. John B. Burgmaier, 2401 Windsor Avenue. Gust Bogas, 500 Main Street. Robert Beidler, 1122 Dodge Street. Mrs. Marion C. Berntgen, 2186 Cen- tral Avenue. Brammer's Inc., 1306 Delhi. Robert F. Becker, 2418 Central Avenue. Mrs. Maryel M. Birkett. 1064 Uni- versity Avenue. Caradco, Inc., 1098 Jackson Street. Creslanes Bowling, 255 South Main Street. Robert E. Cahill, 402 Locust Street. Mrs. Ann Dillon, 1500 Central Ave. Diamond Cafeteria, 902 Main St. Otto J. Dunbar, 2401 Jackson St. Lester & Marie Eichorn, 1725 Delhi. Elks Club, 701 Locust Street. David Frey, 1046 Central Avenue. Milton F. Fink, 3165 Central Ave. Leon Gabriel, 3050 Asbury Street. Mrs. Lorraine Gordon, 2327 Cen- tral Avenue. Dorrance Hames, 1828 Central Ave. Lucille Hough, 1643 Central Ave. Address West 6th RESOLUTION NO. 103-63 BE IT RESOLVED by the City Council of City of Dubuque, Iowa, that the following, having complied with the provisions of law relat- ing to the sale of Cigarettes within the City of Dubuque, Iowa, be granted a permit to sell Cigarettes and Cigarette Papers within said City. Name Mayor Kean read the call and stated that service thereof had been duly made and that this meet- ing. is called for the purpose of granting cigarette licenses and Class "B" and I<C" beer permits and acting on any other business as may properly come before a regular meeting of the City Coun- cil. OFFICIAL Special Session, June 25, 1963. Council met at 1:30 p.m. D.S.T. Present-Mayor Kean, Council- men Schaller, Schreiber. City Mana- ger Gilbert D. Chavenelle. Absent Councilmen Horgan, Takos. CITY COUNCIL Special 119 188 191 Special Session, June 25, 1963 Harold A. Casey, 655 Clarke Drive. Kenueth Waul, 2850 Burlington St. BE IT FURTHER RESOLVED that the bonds filed by such appli. cants be and the same hereby ap- proved. ~ ~ Passed, adopted and approved this 25th day of June, 1963. JAMES J. KEAN Mayor JOHN P. SCHRElBER LOUIS SCHALLER Councilmen FROMMELT City Cierk Councilman Schaller moved the adoption of the resolution. S~cond- ed by Councilman Schreiber. Car- ried by the following vote: Yeas-Mayor Kean, Councilmen Schaller, Schreiber. Nays-None. Absent Councilmen Takas. Horgan, There being no further business Councilman Schreiber moved to adjourn. Seconded by Councilman Schaller. Carried by the followiug vote: Yeas-Mayor Kean, Councilmen Schaller, Schreiber. Nays-None. Absent - Councilmen Takas. Horgan, 1963. 1963. LEO F. FROMMELT City Clerk .......... City Clerk LEO F. Councilmen Attest: Approved Adopted Attest June 25, 1963 RESOLUTION NO, 105-63 WHEREAS, applications for Beer Permits were filed by the within applicants, and they have received the approval of this Council; and Special Session, WHEREAS, the premises to be occupied by such applicants were inspected and found to comply with the ordinances of this City and they have filed proper bonds, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Dubuque, that the Manager be and he is hereby directed to issue to the fol- lowing named applicants a Beer Permit. CLASS "B" BEER PERMIT Robert J. Freidman, 620 East 16th Street. Julien Dubuque Summer Carnival, Inc. City Island. Mrs. Marion Berngten, 2186 Cen- tral Avenue. Harold A. Cosley, 1121 University Avenue. Leonard A. Crane, 720 Iowa Street. Willard James Driscoll, 509 West 8th Street. ~!rs. Elizabeth Krajnovich, 239 West 6th Street. CecIl J. McMahon, 649 East 16th Street. Donald Sand, 2364 Washington St. Marie Sand, 1961 Central Avenue. Mrs. Eileen M. Wunder, 1006 Cen- tral Avenue. Mrs. Helen Weiner, 709 Universit)' Avenue. Cletus N. Pauly, 1299 Iowa Street. John P. Hemmer, 698 Central Ave. .Joseph F. Costa, 1091 Main Street. CLASS "B" BEER PERMIT PRIVATE CLUB American Legion, Post No.6, 290 West 4th Street. Fraternal Order of Eagles, Aerie No. 568. 6th & Locust Street. Navy Club of Dubuque, Ship No. 67, 469 Main Street. CLASS Robert L. Avenue. Otto J. Dunbar. 2401 Jackson St. Merlin K. Abing, 408 West Locust Street. J. F. Thompson, Thompson Food Market, 250 West 1st Street Richard Schueller, 2900 Jackson Street. "C" BEER PERMIT Becker, 2418 Central CLASS "B" BEER PERMIT Robert J. Freidman, 620 East 16th Street. Julien Dubuque Summer Carnival, Inc., City Island. Mrs. Marion Berngten, 2186 Cen- tral Avenue. Harold A. Cosley, 1121 University Avenue. Leonard H. Crane, 720 Iowa Street. Willard James Driscoll, 509 West 8tb Street. Mrs. Elizabeth Krajnovich, 239 West 6th Street. Cecil J. McMahon, 649 East 16th Donald Sand, 2364 Washington St. Mafie Sand, 1961 Central Avenue. Mrs. Eileen M. Wunder, 1006 Cen- tral Avenue. Mrs. Helen Weiner, 709 University Avenue. C1etus N. Pauly. 1200 Iowa Street. John P. Hemmer, 698 Central Ave. Joseph F. Costa. 1091 Main Street. CLASS "B" BEER PERMIT PRIVATE CLUB American Legion, Post No.6, 290 West 4tb Street. Fraternal Order of Eagles, Aerie No. 568, 6th & Locust Street. Navy Cluh of Dubuque, Ship No. 67, 469 Main Street. CLASS "C" BEER PERMITS Robert L. Becker, 2418 Central Avenue. Otto J. Dunbar, 2401 Jackson St. Merlin K. Ahing, 408 West Locust Street. John Ward, 2284 University Ave. J. F. Thompson, Thompson Food Market, 250 West 1st Street. Richard Schueller, 2900 Jackson St. Harold A. Casey, 655 Clarke Drive. Kenneth Waul, 2850 Burliugton St. Passed, adopted and approved this 25th day of June, 1963. JAMES J. KEAN Mayor JOHN P. SCHREIBER LOUIS SCHALLER Councilmen Attest: LEO F. FROMMELT City Clerk Councilman Scheiber moved the adoption of the resolution. Second- ed by Mayor Kean. Carried hy the following vote: Yeas-Mayor Kean, Councilmen Schaller, Schreiber. Nays-None. Absent - Councilmen Takas. 190 .I~. Horgan, .....'..""