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1962 February Council Proceedings 'll..t~i'-"~" '. 35 (2) Jr.-two Regular Session, February 5, 1962 Wallis, J. Allen years Cyr: J. years CITY COUNCIL (3) I also propose that the distribu- tion of insurance commissions shall be similar to the present plan ap- proved by the Council, November 16, 1954. The distribution of comM missions however, will be the sub- ject of a subsequent recommenda- tion that will be submitted to you after the new Advisory Committee has considered the problem. I urge you to make the appoint- ments to the Advisory Committee without delay because I have ac- cumulated problems of insurance coverage that cannot be set aside longer without endangering the City. three Friedman OFFICIAL Session, February 5, 1962 met at 7:30 P.M. Mayor Schaller 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 act- ing upon such business as may properly come before the meeting. Present-Mayor Schaller, Council~ men Horgan, Kean, Schreiber, Takas. City Manager Gilbert D Chavenelle. Regular Council Respectfully submitted, Gilbert D. Chavenelle, City Manager February 5, 1962 I Councilman Takos moved that the recommendation of the City Manager be approved. Seconded by Councilman Schreiber. The vote on the motion was as follows: Yeas Councilmen Schreiber, Takos. Nays - Councilmen H 0 r g a n, Kean, Schaller. Motion lost. Communication of Dubuque As. sociation of Independent Insurance Agents submitting their postition relative to writing the insurance business for the City, presented and read. Councilman Schaller moved that the communication be received and filed. Seconded by Councilman Schreiber. Carried by the following vote: Yeas-Mayor Schaller, Council. Horgan, Kean, Schreiber, Councilman Schreiber moved that the rules be suspended to al. low anyone present address the Council if they so desire. Second- ed by Councilman Kean. Carried by the following vote: Yeas-Mayor Schaller, Council. Horgan, Kean, Schreiber, men Takas. Nays-None men Takos. Nays-None. Mayor Gentlemen You have referred to me, the petition of the DUbuque AssociaM tion of Independent Insurance Agents dated May 4, 1961, and a letter of the Association's presi- dent, Mr. Thomas W. Voelker, dated May 15, 1961. Both the peti- tion and the letter are about the city insurance program. Theodore During the past few weeks, I have discussed the matter with in. surance representatives and the officers of the Association. I have also reviewed the several reports of our insurance consultant and have checked insurance companies represented by some of our local agencies. This information gained through this investigation is the basis of my recommendation. I recommend that an Advisory City Insurance Committee be ap- pointed, that the committee con~ sist of three members, that the term of appointment shall be for three (3) years, and that the ap- pointments shall be so stagered that the term of one committee member will expire annually. I recommend that the fOllowing appointments be made for the terms shown: (1) R. Ellsworth-one To The Honorable And City Council \ ~~ , , 37 pointed however, a request was received from the Director that a five man committee be appointed. Therefore, I recommend that you authorize the Mayor to appoint a Civil Defense Advisory Committee consisting of a medical doctor in charge of the medical profession civil defense work, a city councilor, the city engineer, the city manager and a citizen of Dubuque. Thank you for reconsidering this matter. Councilman Schreiber moved that the recommendation of the City Manager he approved. See- onded by Councilman Takas. Car. ried by the following vote: Yeas-Mayor Schaller, Council. men Horgan, Kean, Schreiber, Takas. Nays-None. February 5, 1962 To the Honorable Mayor and City Council Gentlemen: I herewith submit the annual reports of the City Auditor, City Treasurer and City Health Depart- ment for the fIscal year beginning Jannary 1, 1961 and ending Decem. ber 31, 1961. Respectfully, Gilbert D. Chavenelle, City Manager Councilman Takos moved that the reports be received and filed. Seconded by Councilman Schreiber. Carried by the following vote: Yeas-Mayor SchaUer, Council- men Horgan, Kean, Schreiber, Takas. Nays-None. PERSONAL Edward M. Tschrigi, American Surety Company (from Decem. ber 31, 1961 to January 30, 1962) and Ohio Casualty Insurance Respeetfully, Gilbert D. Chavenelle City Manager Regular Session, February 5, 1962 David L. Ehlinger 73.33% Thomas P. Richman 72.50% Gene P. Thompson 71.67% Robert J. Kehoe 70.83 % RespectfUlly submitted, J. A. CAREW, Chairman LOUIS J. LAGEN A. G. WRIGHT, Commissioners Civil Service Commission Attest: LEO F. FROMMELT, Clerk Subscribed and sworn to before me a Notary Public this 31st day of January 1962. LOIS O'HEA Notary Public Councilman Takas moved that the communication be received and made a matter of record. Second- ed by Councilman Kean. Carried by the following vote: Yeas-Mayor Schaller, Council men Horgan, Kean, Schreiber, Takas. Nays-None. January 29, 1962 To the Honorable Mayor and City Council Gentlemen: I herewith submit the reports of the City Auditor, City Treasurer, City Health Department and City Water Works for the month of December, 1961, as well as a list of claims and payrolls for which warrants were issued for the month of December, 1961. RespectfUlly, Gilbert D. Chavenelle City Manager '1i1ii~ 1 I Regular Session, February 5, 1962 January 31, 1962 Honorable Mayor and Members of the City Council Gentlemen: In accordance with the provisions of the 1958 Code of Iowa, the Civil Service Commission conducted an entrance examination on December 12, 1961, for those seeking posi. tions on the Police Department. The following named persons passed both the written and physi- cal examinations and their names are hereby certified for appoint. ment to the Police Department. John J. Cocayne 77.50% Russell T. Meyer 75.83% Glenn W. Hedrick 73.33% Harvey R. Frederick 71.67% Respeetfully submitted, J. A. CAREW, Chairman LOUIS J. LAGEN A. G. WRIGHT, Commissioners Civil Service Commission Attest: LEO F. FROMMELT, Clerk Subscribed and sworn to before me a Notary Public this 31st day of January 1962. LOIS O'HEA, Notary Puhlic Councilman Takas moved that the communication be received and made a matter of record. Seconded by Councilman Kean. Carried by the following votc: Yeas-Mayor Schaller, Council. men Horgan, Kean, Schreiber, Takas. Nays-None. ~ 1962 Gentlemen: This is to advise that I have approved the fOllowing bonds and desire to have your approval on same for filing, SUbject to the ap- proval on same for filing, subject to the approval of the City Sollcit- or: February 5, To The Honorable Mayor and City Council Councilman Schreiber moved that the reports be received and filed. Seconded by Councilman Takos. Carried by the following vote: Yeas-Mayor Schaller, Council. men Horgan, Kean, Schreiber, Takas. Nays-None. January 31, 1962 To the Honorable Mayor and City Council Gentlemen: Some weeks ago you gave author. ity for the Mayor to appoint a three man civil defense committee, as an advisory group to our Civil Defense Director. Before the committee ap- was I Members Gentlemen: In accordance with the provisions of the 1958 Code of Iowa, the Civil Service Commission conducted an entrance examination on December 12, 1961, for those seeking posi- tions on the Fire Department. The following named persons passed both the written and physi. cal examinations and their names are hereby certified for appoint- ment to the Fire Department. Donald Funk 78.33% Gerald F. Breitbach 77.50% Gerald Udelhofen 77.50% James C. Miller 74.17% Donald L. Hildebrand 74.17% Richard W. Ruden 73.33% Honorable Mayor and of the City Council Council chreiber Communication of Dubuque Fed- eration of Labor submitting the name of John C. Parker to serve as a member of the Civil Service COIDM mission. Councilman Schreiber moved that the communication be referred to the Council for con- sideration. Seconded by CouncilM man Takas. Carried by the follow- ing vote: Yeas-Mayor Schaller, Council. men Horgan, Kean, Schreiber, Takos. Nays-None. Councilman Horgan moved that the City Manager's second recom- mendation relative to the City's in- surance prograDl be adopted ~ith the necessary changes on the comM mittee. Seconded by Councilman Kean. Carried by the following vote: Communication of Dubuque Fed- eration of Labor submitting the name of Bert Vogel to serve as a member of the Dubuque Cultural Committee, presented and read. Councilman Schreiber moved that the communication be referred to the Council for consideration. Sec. onded by Councilman Takos. Car- ried by the following vote: Yeas-Mayor Schaller, men Horgan, Kean, S Takas. Nays-None. Horgan, Schreiber, Councilman Takos moved that the decision on the insurance pro- gram be tabled until tomorrow evening at a special session or at the pleasure of the Council. SecondM ed by Councilman Schreiber. The vote on the motion was as follows: Yeas-Councilmen Takos, Schrei. ber. Nays - Councilmen Kean, Sehaller. Malian lost. Horgan, Mr. Lawrence Friedman, presi- dent of the Dubuque Association of Independent Insurance Agents, requested that the letter written by the Association be read in its entirety. The request was granted. Mr. Cyril Friedman addressed the Council by stating that the associa. tion is in a position to handle the City's insurance needs. Yeas - Councilmen Kean, Schaller. Nays - Councilmen Takos. 36 .. 39 January 17, 1962 Hon. Mayor & City Council Gentlemen: On December 15, 1961, Mrs. Doris M. Conry of 2108 Johnson Ave., Dubuque, Iowa, filed claim for damages in the amount of $150.00 by reason of sewer backing into basement of her home on De- cember 7, 1961. I have made an investigation of this matter and find no actionable negligence on the part of the City of Dubuque and therefor recom- mend denial of said claim. Original claim is returned here. with. Respectfully submitted, R. N. RUSSO, City Attorney Councilman Takos moved that the recommendation of the City Attorney be approved. Seconded by Councilman Kean. Carried by the following vote: Yeas-Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takas. Nays-None. Regular Session, February 5, 1962 intersection of 30th & Jackson St. alleging a defective condition therein. As a result of said fall Mrs. Kaiser suffered a compound frac. tured wrist and suffers from a permanent disability as a result of said injury. That the claimant has made aD offer in settlement in the amount of $500.00 and it is the recom~ mendation of the City Attorney that said offer be accepted and the City Auditor be instructed to draw a warrant payable to Mrs. Roy (Nellie 1.) Kaiser and to trans- mit same to the City Attorney upon receipt of a duly executed release. Original claim is attached hereto Respectfully submitted, R. N. RUSSO, City Attorney Councilman Takos moved that the recommendation of the City Attorney be approved and the And. itor instructed to draw proper war~ rant. Seconded by Councilman Schreiber. Carried by the follOWing vote: YeaS-Mayor men Horgan, Takas. NaYs-None. Hon. Mayor Gentlemen: On December 14, 1961, Andrew Ohnesorge of 2119 Johnson 81., DUM buque, Iowa, filed his claim for damages in the amount of $93.83 suffered as a result of alleged backing up of sewer onto his prem- ises on .December 7, 196!. I have made an investigation of this matter and find no action. able negligence on the part of the City of Dubuque and therefor recommend denial of said claim. Original claim is returned here. with. Councilman Takos moved that the recommendation of the City Attorney be approved. Seconded by Councilman Kean. Carried by the following vote: Yeas-Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays-None. Notice of claim of Ormal E. Bennett, in the amount of $610., for personal injuries received in a fall on an ice covered sidewalk at E. 9th Street on December 26, 1961, presented and read. Councilman Takos moved that the notice of claim be referred to the City Solic- itor for investigation and report. Seconded by Councilman Schreiber. Carried by the following vote: Yeas-Mayor Schaller, Council. men Horgan, Kean, Schreiber, Takos. Nays-None. Schaller, Council. Kean, Schreiber, 1962 January 17, & City Council .~ ~ \ Notice of claim of Mrs. Herald Walser, in an un-named amount, for personal injuries received in a fall on an ice covered sidewalk at 1101 Washington Street on January 6, 1962, presented and read. Coun. cilman Takos moved that the notice of claim be referred to the City Solicitor for investigation and reo port. Seconded by Councilman Schreiber. Carried by the follow- ing vote: RespectfUlly submitted, R. N .RUSSO, City Attorney Schaller, Council. Kean, Schreiber, 1962 notice of suit by Theodore (Teddy) Roepsch, a minor, by Joseph Roepsch, his father and Datural guardian, and as his next friend, filed in the District Court of Du. buque County, Iowa, wherein plain- tiff claims damages in the amount of $25,000.00 for injuries allegedly received by reason of falling on an allegedly defective sidewalk and that he fell in the vicinity of 701 Groveland Place, and suffered in. juries complained of consisting of a fractured pelvis. That plaintiff has made an offer of settlement in the amount of $1,000.00, and that it is the recom. mendation of the City Attorney that said offer be accepted and that the City Auditor be instructed to draw a warrant in the amount of $400.00 payable to Joseph Roepsch and Jeanne Roepsch, as parents and natural guardians of Theodore (Teddy) Roepsch, a minor and that the City Auditor be in- structed to draw a warrant pay- able to Joseph Roepsch and Jeanne Roepsch, parents of Theodore (Ted- dy) Roepsch, a minor, in the amount of $600.00 and transmit the same to the City Attorney for deliv- ery upon receipt of duly executed indemnifying releases and upon re- ceipt of dismissal of said pending law action #35894 with prejudice at plaintiff's cost. Original claim is to. Councilman Takos moved the recommendation of the Attorney be approved and Auditor instructed to draw proper wan-ant seconded by Councilman Kean. Carried by the following vote: Yeas-Mayor Horgan, I Schaller, Council. Kean, Schreiber, of Mrs. George an un-named Regular Session, February 5, 1962 attached hereM that City the men Takos. Nays---None. January 23, & City Council Respectfully submitted, R. N. RUSSO, City Attorney Councilman Schreiber moved that the bonds be filed snbject to the approval of the City Solicitor. Seconded by Councilman Takos. Carried by the following vote: Yeas-Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays February To The Honorable Mayor and City Council Gentlemen: It is requested that YOil authorize the City Manager to exe,:ute an agreement between th-~ City and Victor Gruen & Associates. The agreement will provide that Victor Gruen & Associate3 will: 1. Prepare a program for Com- munity Improvement (Workable Program), and 2. Prepare an Application for a Community R e new a I Program Grant. The City will pay a fee of $1100.00 for these services. Respectfully submitted, Gilbert D. Chavenelle City Manager Councilman Takos moved authorization be granted to City Manager to execute the agree. ment with Victor Gruen & Associ- ates. Seconded by Councilman Kean. Carried by the following vote: Yeas-Mayor Horgan, 1962 Company (from January 1962 to December 31, 1962). Public Employees Blanket position Bond, American Surety Company (from December 31, 1961 to Jan- uary 30, 1962) and Ohio Casualty Insurance Company (from J aOM nary 30, 1962 to January 30, 1963). 38 HEATING Dubuque Plumbing & Heating Com. pany, American Casualty Com. pany Yeas-Mayor men Horgan, Takos. Nays-None. Notice of claim E. Duscher, in I \ I Hon. Mayor Gentlemen: On Jannary 25, 1960 Mrs. Roy (Nellie I.) Kaiser of 747 Edith St., Dubuque, Iowa filed claim against the City of Dubuque for damages resulting from a fall on January 20, 1960 in the cross walk at the 1962 Hon. Mayor Gentlemen: On December 1, 1958, there was filed in the office of the City.Clerk \!>< 30, Respectfully, Gilbert D. Chavenelle City Manager that the Schaller, Council- Kean, Schreiber, men Takas. Nays-None. January 23, & City Council 5, \ -None. .1 RECREATION FUNDMPARK GENERAL Park Improvement-Dutch Elm Disease Item No. 1U.C-E Equipment ..............h.......... This appropriation shall be paId trom the Unencumbered Cash balance over and above amounts anticipated January I, 1962. Total addItional appropriations tor the ex- penditure of City Government of the City of Dubuque, Iowa for the fiscal year be- ginning January I, 1962 and ending Decem- ber 31, 1962 ..._............................._..............__.............. Passed upon first reading this 22nd day of January 196!. Pused, adopted and approved upon final reading this 6th day ot February 196!. LOUIS SCHALLER Mayor 41 1,000.00 1,500.00 2,600.00 13,500.00 600.00 17,600.00 1,500.00 $33,000.00 4,030.00 131.00 8,561.00' 3,900.00 74.00 10,000.00 $10,074.00 1,500.00 1,800.00 $3,800.00 10,000.00 Regular Session, February 5, 1962 Gener..l Fund Total ......_................................._..... These appropriations shall be paid from the Unencumbered Cash balance over and above amounts anticipated January 1, 1962. Tree Trimming-Dutch Elm Disease ItemNo.130-1 A. Salaries F. ~lntenance E. EqUipment K. Disease Control Public Safety Civil Defense Total... These appropriations shall be paid from the Une'ncumbered Cash balance over and above amounts anticipated January I, 1962. Street Fund Total .................._h_....................__.. These appropriations shall be paid from the Unencumbered Cash balance over and above amounts anticipated January I, 1952. Holiday day Holiday day BLIC SAFETY.CIVIL DEFENSE FUND Civil Defen,e Ih:m No. 160-A Fire Dept. Captain 3 day Holiday Salary ..... ............ Item No. 150-E Radio Equipment Public Safety Fund Total....................... These appropriations shall be paid from the Unencumbered Cash balance over and above amounts anticIpated January I, 1962. SANITATION FUND Municipal Improvement, Item No. 162MJ-2-A SalarIes .............__........._.... Item No. 162-J -2MG Material and Supplies Sanitary Fund Total..... ....... .......... These appropriations shall be paid from the Unincumbered Cash balance over and above a.mounts anticipated January I, 1962. GENERAL FUND Building Commissioner's Offiee Item No. 121-D Printing (Building Code Plumbing in.peetor', Office Item No 122-D Printing (Ventilation Cod.) EXPENDITURES Drivers 3 day . . PUBLIC SAFETY FUND Fire Department Item No. 119-J -A Firemen Salary ......... m..' ........... Police Department Item No. 118-J-A Policemen Salary ..._....... ..... ................. Ambulance Item No. US-E-A Ambulance Holiday Salary , I J I I \ Regular Session, February 5, 1962 Original notice of proposed pend. ing action of a petition praying for damages in the amount of $500. for personal injuries sustained. by Marie Vyverberg in a fall on a defective sidewalk at 265 W. 1st Street, presented and read. COun- cilman Takos moved that the notice be referred to the City Solicitor for investigation and report. Sec. onded by Councilman Schreiber. Carried by the following vote: Yeas-Mayor Schaller, Council. men Horgan, Kean, Schreiber, Takas. Nays-None. Notice of claim of Laveta Thom. an, in an uDMoamed amount. for personal injuries received in a fall in the intersection of Lemon and Stoltz street on January 5, 1962, presented and read. Councilman Takas moved that the notice be referred to the City Solicitor for investigation and report. Seconded by Councilman SChreiber. Carried by the following vote: Yeas-Mayor Schaller, Councll- men Horgan, Kean, Schreiber, Takas. Nays-None. Proof of Publication, certified to by the Publisher, of Notice of pub- lic hearing and nolice of Record of Hearing and Certificate to Amend Current Budget, presented and read. No written objections were filed and no objectors were present in the Council Chamber at the lime set for the public hearing. ORDINANCE NO. 11-62 An Ordinance Amending Budget as approved hy Resolution No. 192. 61 and Ordinance No. 1-62, pre- sented for final adoption. $67,436.00 ORDINANCE NO. 11M62 An Ordinance amending Budget as approved by Resolution 1!l2-61 and Ordinance No. 1-62. Be it Ordained by the City Council of the City of Dubuque: That the unexpended cash baiances on hand at the close ot the preceding fiscal year not estimated or appropriated in the original budget approved by ResoluUon No. 192-61 and Ordinance No. 1-62: aTe hereby allocated and appropriated for payment of necessary ex- penditures of City Government, in the following amounts and for the purposes as hereinafter set forth, and to that end the appropria~ tlOIH, and allocations ot funds are hereby authorized to-wit: RECEIPTS No. JOHN P. SCHREIBER PETER J. TAKOS JAMES J. KEAN ROBERT J. HORGAN Councilmen , 9th this Telegraph-Herald Newspaper F. Frommelt Cl~rk Leo City r the tn ATTEST: Leo F. Frommelt City Clerk Published officially day of Febru&ry 1962. 40 amount, for personal injuries re- ceived in a fall On an ice covered sidewalk, near Washington Park on January 13, 1962, presented and read. Councilman Takos moved that the notice of claim be referred to the City Solicitor for investigation and report. Seconded by Council- man Schreiber. Carried by the fol. lowing vote: Yeas-Mayor SChaller, Council- men Horgan, Kean, Schreiber, Takas. Nays-None. Notice of claim of Mrs. George (Mary) O'Brien, in the amount of $3000.. for personal injuries re- ceived in a fall on a defective side~ walk between Main and Iowa Street on 5th, on November 30, 1961, pre- sented and read. Councilman Takos moved that the notice of claim be referred to the City Solicitor for investigation and report. Seconded by Councilman Schreiber. Carried by the following vote: Yeas-Mayor Schaller, Council. men Horgan, Kean, Schreiber, Takas. Nays-None. Notice of claim of Carl H. Thomas, in the amount of $18.00, for car damage received as the result of striking a manhole cover in the 500 block of Kanfmann A v- enue, on January 22, 1962, presentM ed and read. Councilman Takos moved that the notice of claim be referred to the City Solicitor for investigation and report. SeeM onded by Councilman Schreiber. Carried by the following vote: Yeas-Mayor Schaller, CouncilM men Horgan, Kean, Schreiber, Takas. Nays-None. Total " 2,500.00 33,000.00 8,561.00 10,074.4)0 3,300.00 10,000.00 $67.'35.00 Unencumbered Balance $ 2,500.00 33,000.00 8,561.00 10,074.00 3,300.00 10,000.00 STREET FUND Fund General Fund Street Fund n ... Publip Safety Fund . ... . ..... .. Public Safety-Civil Defense Fund Sanitation Fund . _ ........... ......... Recreation-Park General Fund I I , i i I I I ! I I I I I I I I I , I I I . I I J , men Horgan, koso Nays-None. Nays-None. Petition of Junior Chamber of Commerce requesting permission to Use N. Grandview avenue from Clarke Drive to one.haU block past the Rosedale turn.off on JUly 1, 1962, to sponsor a soap box derby race, presented and read. Council~ man Takos moved that the petiM tion be granted providing there are no conflicting dates also sub. ject to City Solicitor for liability coverage. Seconded by Councilman Kean. Carried by the following vote 43 Ta. Yeas-Mayor Schaller, Council. men Horgan, Kean, Schreiber, Ta~ koso Nays-None. Petition of annexation by Plaza 20 Inc. and George & Addie Jeck- lin covering Lots 1 & 2 Block 1 in Plaza 20; Lot 1 and Lot 2 of the Subdivision of Lot 1 of 1 of 1 of 1 of 1 of 1 of 1 of George J ecklin Farm; Lot 2 of 1 of 1 of 1 of 1 of 1 of 1 of George Jeeklin Farm in Dubuque County and Partly in the City of Dubuque, Iowa, preM sented and read. Councilman Schreiber moved that the petition be granted and the annexation ap. proved. Seconded by Councilman Takos. Carried by the following vote: Yeas-Mayor Schaller, Council- Horgan, Kean, Schreiber, Ta. Petition of Louise A. Ley & Dal- las A. Wuelling requesting a reM fund in the amount of $25.00 on the unexpired portion of cigarette license No. 135, as they have dis. continued business on January 31, 1962, presented and read. Council- man Takos moved that the refund be granted and the Auditor inM structed to issue a warrant payable to Louise A. Ley & Dallas A. WuelM ling, in the amount of $25 to cov. er the amount due on the unex. pired portion of cigarette license No. 135. Seconded by Councilman Schreiber. Carried by the fallow. ing vote: Yeas-Mayor Schaller, CouncilM men Horgan, Kean, Schreiber, Ta~ koso I men koso Nays-None. RESOLUTION EXTENDING CITY LIMITS NO. 18-62 WHEREAS, the owners of an area approximately 50 acres in size immediately adjOining the western city limits of the City of Dubuque, Iowa, located South of Hi.Way 20 opposite Devon Drive, have made application for annexation of said territory to the City of Dubuque, Iowa, and WHEREAS, said territory is be- ing SUbstantially built up; and WHEREAS, the inhabitants of said territory will be enabled to secure the benefits of city governM ment in the way of police and fire protection if said territory is incor~ porated within the city limits of Schreiber, Regular Session, February 5, 1962 Kean, Petition of Henry Feye, owner of the building housing a tavern at 678 Central Avenue, occupied by Eldon A. Morett who apparent- ly left the City, requesting cancelM lation of the tavern license issued to Eldon A. Morett to make it pos. sible to rent the building to someM one else, presented and read. Coun~ cilman Takos moved that a hearM ing at 7:30 o'clock P.M. in the Council Chamber at the City Hall be set for February 19, 1962 and that the Clerk be instructed to publish notice of same and that Mr. Morett be so notified by reg. istered mail at his last known ,adM dress. Seconded by Councilman Kean. Carried by the fOllowing vote: Petition of DUbuque Plumbing & Heating Co. requesting permis. sion to excavate in the streets and alleys of the City, presented and read. Councilman Schreiber moved that the petition be granted. Sec- onded by Mayor Schaller. Carried by the following vote: Yeas-Mayor Schaller, Nays-None. Seconded by Councilman Schrei. ber. Carried by the following vote: Yeas-Mayor Schaller, Council- men Horgan, Kean, Schreiber, Ta, kos Nays-None. Ta. Schreiber, Regular Session, February 5, 1962 Kean, I " . , i I , I I Yeas-Mayor Schaller, Council. men Horgan, Kean, Schreiber, Ta- koso Nays-None. Counci Petition of Dubuque County SOM ciety for Crippled Children & Adults Inc. requesting permission to conduct a lily tag sale on Satur. day, April 14, 1962, presented and read. Councilman Schreiber moved that the petition be granted pro- viding there are no conflicting dates. Seconded by Councilman Schreiber. Carried by the follow- ing vote: Yeas-Mayor Schaller, Council. men Horgan, Kean, Schreiber, Ta- koso Nays-None. Petition of Fay Thomas & Calista Ann Steger, requesting rezoning of Lot 2 of 1 of I of West Gate from Single Family residence to com. mercial district Classification, pre. sented and read. Councilman Ta. kos moved that the petition be reM ferred to the Planning & Zoning Commission for investigation and report. Seconded by Councilman Kean. Carried by the following vote: Yeas-Mayor Schaller, Council- men Horgan, Kean, Schreiber, Ta. koso Nays-None. Petition of Louis T. Bournias re. questing a refund of $25 on the unexpired portion of cigarette li. cense No. 136, as he has discon- tinued business on January 22, 1962, presented and read. Council. man Takos moved that the refund be granted and the Auditor in- structed to issue a warrant pay. able to Louis T. Bournias, in the amount of $25.00, to cover the amount due on the unexpired por. tion of cigarette license No. 136. Schaller, Council. Kean, Schreiber, Petition of R. J. Egelhof reo questing the grading of Stoltz Street in order to be able to get to their pr9perty, presented and read. Councilman Takos moved that the petition be referred to the City Manager, Street Depart- ment and Engineering Department. Seconded by Councilman Kean. Carried by the following vote: Yeas-Mayor Schaller, Council men Horgan, Kean, Schreiber, Ta' koso Nays-None. men Takos. Nays-None. Petition of Dubuque Civic Thea- tre requesting permission to dis. tribute handbills on Saturday, Feb- ruary 10, 1962, presented and read. Councilman Takos moved that the petition be granted. Seconded by Councilman Kean. Carried by the following vote: Yeas-Mayor Schaller, Council. men Horgan, Kean Schreiber, Ta- koso Nays-None. Petition of Harold L. Moldt Jr. Requesting vacation of part of Lew. is Street which runs off Valeria Street, presented and read. Coun- cilman Schreiber moved that the petition be referred to the Plan. ning & Zoning Commission for in- vestigation and report. Seconded by Mayor Schaller. Carried by the following vote: Yeas--:-Mayor men koso Nays-None. Petition of Maurice Reed reM questing vacation of the dead end of Henion Street at 1500 to 1600 block with intent of possible our- cha~e, presented and read. Coun~ ciJman Tak(ls moved that the pe. tition be rcferred to the Planning & Zoning Commission for investi. gation and report. Seconded by Councilman Schreiber. Carried by the following vote: Yeas-Mayor Schaller, Council men Horgan, Kean, Schreiber, Ta koso Nays-None. Horgan, 42 Mayor Schaller moved the adop. tion of the Ordinance. Seconded by Councilman Schreiber. Carried by the following vote: Yeas--Mayor men Horgan, Takos. Nays-None. Petition of Schiltz Development Co. requesting that Northview Drive be placed on the 1962 street improvement program in conternM plation of the erection of a sub- stantial building on the east side of the street, presented and read. Coun'(~ilman Schreiber moved that the petition be referred to the Engineering Department. Seconded by Councilman Kean. Carried by the following vote: Yeas-Mayor Horgan, Gounc Schaller, \ Schaller, Council. Kean, Schreiber, 45 placed on file with the City Clerk this 2nd day of January, 1962. Approved and placed on file for final action. Record of Final Adoption The foregoing resolution was finM ally passed and adopted, as pro- posed, by the City Council this 5th day of February, 1962. LOurs SCHALLER Mayor JOHN P. SCIffiElBER PETER J. TAKOS JAMES J. KEAN ROBERT J. HORGAN Councilmen Attest: LEO F. FROMMELT City Clerk Councilman Kean moved the adoption of the resolution. SeeM onded by Councilman Schreiber. Carried by the following vote: Yeas-Mayor Schaller, Council. men Horgan, Kean, Schreiber, Ta- koso Nays-None. Proof of Publication, certified to by the Publisher, of notice to con- tractors of the receipt of propos- als for the construction of Shiras Avenue Storm Sewer, presented and read. Councilman Schreiber moved that the proof of publica- tion be received and filed. Second. ed by Mayor Schaller. Carried by the following vote: Yeas-Mayor Schaller, Council men Horgan, Kean, Schreiber, Ta. koso Nays-None. (Ordering Construction) RESOLUTION NO. 19-62 BE IT RESOLVED by the City Council of the City of DUbuque that pursuant to a resolution of Ne- cessity No. 7.62 which was duly passed by this Council for the con- struction of a forty.two inch (42") reinforced concrete pipe storm sewer in Shiras Avenue from the existing storm sewer opposite Lot No.1 of Lot 2 of Cota Subdivision northwesterly to the existing thir- ty-six inch (36") storm sewer op- posite Lot I of Lot 1 of Mineral Lot 311 be and the same are hereby ordered and constructed by this Council upon its own mo- tion and with or without the peti- tion of property owners. All the work shall be constructed in ac. cordance with the plans and speci- fications heretofore adopted and Regular Session, February 5, 1962 posite Lot 1 of Lot 1 of M. L. 311, presented and read. Council. man Schreiber moved that the proof of publication be received and filed. Seconded by Council. man Kean. Carried by the fol. lowing vote: Yeas-Mayor Schaller, Council. men Horgan, Kean, Schreiber, Ta- koso Nays-None. (Necessity For Improvement, RESOLUTION NO. 7-62 WHEREAS, proposed plans, spec. ifications, form of contract have been dUly prepared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk show. ing among other things the follow. ing: 1. 2. ment 3. An estimate of the cost the proposed improvement. For the construction of a forty. two inch (42N) reinforced concrete pipe stonn sewer in Shiras Avenue from the existing storm sewer op- posite Lot No. 1 of Lot 2 of Cota Subdivision northwesterly to the existing thirty-six inch (36") storm sewer opposite Lot I of Lot 1 of Mineral Lot 311. sewer. improve. of size and kind of plan of such The The iiIIiIl~--"- Regular Session, February 5, 1962 men koso Nays-None. Petition for zoning by Plaza 20 requesting that real estate recent- ly annexed designated as area "A" on a plat attached he rezoned as Local Business B, presented and read. Councilman Schreiber moved that the petition be referred to the Planning & Zoning CommisM sian. Seconded by Councilman Ta- koso Carried by the following vote: Yeas-Mayor Schaller, CouncilM men Horgan, Kean, Schreiber, Ta. koso Nays-None. ~ ,~; ~, I,~ .,' I', ',:': 7'. -,~ I , I BE IT THEREFORE RESOLVED that the City Council on its own motion or upon petition of prop- erty owners, deems it advisable and necessary for the public wel. fare to make the herein mentioned improvement, and unless property owners at the time of the final con. sideration of this proposed resolu- tion have on file with the City Clerk objections to the amount of the cost of improvement, they shall be deemed to have waived aU ob. jections thereto. Said improvement shall be con. structed and done in accordance with the plans and specifications which have been prepared there- for by the City Engineer which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said improve. ment will he paid from the Munici- pal Improvements Fund. The above resolution was intro. duced, approved and ordered , 1 Petition of Zoning by Plaza 20 requesting that real estate recent- ly annexed designated as area "B" on a plat attached be rezoned as Local Business District B, pre. sented and read. Councilman Schreiber moved that the petition be referred to the Planning & Zon. ing Commission. Seconded by Coun- cilman Takas. Carried by the fol. lowing vote: Yeas-Mayor Schaller, Council- men Horgan, Kean, Schreiber, Ta- koso Nays-None. Petition of Braconier Plumbing & Heating Co. requesting permis- sion to excavate in the streets and alleys of the city, presented and read. Councilman Schreiber moved that the request be granted. Sec- onded by Councilman Takas. Car- ried by the following vote: Yeas-Mayor Schaller, Council- Horgan, Kean, Schreiber, Ta. men koso Nays-None. Proof of Publication, certified to by the Publisher, of Notice of pendency of resolution of neces- sity for public improvements and hearing upon proposed plans and specifications form of contract and cost of improvements for the con- struction of a forty-two inch (42N) reinforced concrete pipe -,orm sewer in Shiras avenue from the existing storm sewer opposite Lot No.1 of Lot 2 of Cota Subdivision northwesterly to the existing thir- ty.six inch (3GN) storm sewer op- ",. 44 the City of Dubuque, Iowa; and WHEREAS, the inhabitants of said territory will be enabled to secure water, sewer, and other mu. nicipal services if said territory is incorporated within the city limits of the City of Dubuque, Iowa; and WHEREAS, Section 362.30, Code of Iowa, 1958, authorizes the ex. tension of city limits in situations of this character by the adoption of a resolution therefor; and WHEREAS, the future growth, development, and preservation of the public health of the City of Dubuque, Iowa, makes it impera. tive that said territory be made ,a part of the City of Dubuque, Iowa; and WHEREAS, it is necessary to provide for the orderly and syste- matic growth and development of the territory adjoining the city of Dubuque, Iowa; NOW, THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa, that the territorial limits of the City of Dubuque, Iowa, be and they are hereby extended westerly in the vicinity South of Hi.way 20, op'po- site Devon Drive, by annexing to the City of Dubuque, Iowa, the territory embraced within the fol- lowing described real estate lots, to-wit: Lots 1 and 2, Block 1, in "Plaza 20" in the City and County of Dubuque, Iowa. Lot 1 and Lot 2 of the Subdivi- sion of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of George Jeclctin Farm, in the County of Dubuque, Iowa; Lot 2 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of George Jecklin Farm, in Du- buque County, Iowa, and partly in the City of Dubuque, Iowa; as shown on the plat attached here- to and by this reference made a part hereof. Passed, adopted and approved the 5th day of February, 1962. LOUIS SCHALLER Mayor JOHN P. SCHRElBER PETER J. TAKOS JAMES J. KEAN ROBERT J. HORGAN Councilmen LEO F. FROMMELT City Clerk \ Attest: ~I Councilman Schreiber moved the adoption of the resolution. Second- ed by Councilman Takos. Carried by the following vote: Yeas-Mayor Schaller, Council. Horgan, Kean, Schreiber, Ta- 47 3 of Block 8 in River Front Sub. division No. 2 in the City of DUbuque, Iowa and, WHEREAS said plat has been examined by the City Plan Com- mission and has its approval en. dorsed thereonj and, WHEREAS said plat has been examined by the City Council and they find the same conforms to the Statutes aDd Ordinances re. lating thereto; NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Sedion 1. That the above de- scribed plat be and the same is hereby approved and the Mayor and City Clerk be and they are hereby authorized and directed to endorse the approval of the City npon said plat. Passed, adopted and approved this 5th day of February, A.D. 1962. SCHALLER Mayor JOHN P. SCHREIBER PETER J. TAKOS JAMES J. KEAN ROBERT J. HORGAN Councilmen LEO F. FROMMELT City Clerk Councilman Takas moved the adoption of the resolution. Second- ed by Councilman Kean. Carried by the following vote: Yeas-Mayor Schaller, Council men Horgan, K e a n, Schreiber. Takos. Nayc-None. LOUIS Attest: RESOLUTION NO. 21-62 RESOLUTION Approving Plat of Block 8 and of the Subdivision of Block 4, "River Front Subdivision No.2" in the City of DUbuque, Iowa. I 1962 February 2, To the Honorable Mayor and City Council, Gentlemen: Herewith submitted for you r consideration is final plat of Blocks 4, 5, 6 and 7 in Mettel Brooks Ad. dition. This subdivision is located on Pennsylvania Avenue and is the second part of Mettel Brooks and is composed of thirty-one lots. This plat has been approved by the Planning and Zoning CommisM sion. Respectfnlly submitted, DUbuque Planning & Zoning Commission By Owen Riley, Secretary WHEREAS there has been filed with the City Clerk a plat in which Block 4, River Front Subdivision No.2 and the fOllowing; Beginning at the north east corner of Block 4 in River Front Subdivision No.2 in the City of Dubuque, Iowa, thence North 660 54' West 100 feet to the place of beginning, thence North 230 06' East 37.4 feet, thence North 510 24' West 66.81 feet, thence South 50 15' West 31.05 feet, thence South 660 05' East 21.95 feet, thence South 510 04' West 32.86 feet, thence North 800 16' West 44.23 feet, thence North 740 18' West 209.7 feet, thence North 680 06' West 257.28 feet, thence South 230 06' West 10.0 feet, thence South 66Q 54' West 625.0 feet to the place of beginning which is a portion of unplatted former slough, and of Government Lot 1 in Section 19, Township 69 North, Range 3 East of the 5th Principal Meridian in the City of DUbuque, Iowa is platted as Lots 1 through 12 inclusive of Block 4 and Lot 1 through Lot (Awarding Contract) RESOLUTION NO. 20-62 WHEREAS, sealed proposals have been submitted by contractM ors for the construction of a forty- two inch (42") Reinforced Concrete Pipe Storm Sewer in Shiras Ave. nue from the existing storm sewer opposite Lot No.1 of Lot 2 of Cota Subdivision northwesterly to the existing thirty-six inch (36") Storm Sewer opposite Lot 1 of Lot 1 of Mineral Lot 311 pursuant to Reso. lution No. 19--62 and notice to bid- ders pUblished in a newspaper pub. lished in said City on January 5, 1962 and January 12, 1962; and WHEREAS, said sealed propos- als were opened and read on Feb- ruary 5, 1962, and it has been de. termined that the bid of Saffran Construction Company of Dubuque, Iowa in the amount of $23, 590.00 was the lowest bid for the iurnishM ing of aU labor and materials and performing the work as provided for in the plans and specifications; now therefore, BE IT RESOLVED by the City Council of the City of Dubuque that the contract for the above mentioned improvement be award- ed to Saffran Construction COIDM pany of Dubuque, Iowa, and the Manager be and he is hereby diM rected to execute a contract on behalf of the City of Dubuque for the complete performance of said work. BE IT FURTHER RESOLVED, that upon the signing of said con~ tract and the approval of the con- tractors bond the City Treasurer is authorized and instructed to re- turn the bid deposits of the un- successful bidders. Passed and adopted this of February, 1962. LOUIS Regular Session, February 5, 1962 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 Municipal Improvement 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 5th day of February, 1962. LOUIS SCHALLER Mayor JOHN P. SCHREIBER PETER J. TAKOS JAMES J. KEAN ROBERT J. HORGAN Councilmen Attest: LEO F. FROMMELT City Clerk Councilman Schreiber moved the adoption of the resolution. SecM onded by Councilman Kean. Car. ried by the following vote: Yeas-Mayor Schaller, Council- men Horgan, Kean, Schreiber, TaM koso Nays-None. February To the Honorable Mayor and City Council Gentlemen: Pursuant to your instruction, sealed bids were received until 10:00 A.M. February 5, 1961, for the forty.two inch storm sewer to be constructed in Shiras Avenue. The lowest bid submitted was en- tered by Saffran Construction Com- pany of Dubuque, Iowa. The bid was 33.1 % below the estimate. A total of seven bids were received and a tabulation of these bids is attached. 46 5, 1962 Regular Session, February February 2, 1962 To the Honorable Mayor and City Council Gentlemen: Herewith submitted for you r consideration is subdivision plat of Blocks 4 and 8 in River Front Sub. No.2. This plat indicates lots and elim. inated the long descriptions of lots as previously described. This plat has been approved by the Planning & Zoning Commis. sion. RespectfUlly submitted, Dubuque Planulng & Zoning Commission By Owen Riley, Secretary Councilman Schreiber m 0 v e d that the communication be re- ceived and filed. Seconded by Councilman Takos. Carried by the follOwing vote: Yeas-Mayor Schaller, Council. men Horgan, K e a n, Schreiber, Takos. Naye-None. 1962 5, 5th day Councilman Schreiber moved the adoption of the resolution. Second. ed by Councilman Takos. Carried by the following vote: Yeas-Mayor Schaller, Council- men Horgan, K e a n, Schreiber, Takos. Naye-None. SCHALLER Mayor JOHN P. SCHREIBER PETER J. TAKOS JAMES J. KEAN ROBERT J. HORGAN Councilmen I recommend that the contract be awarded to Saffran Construc- tion Company. Respectfully submittcd, Gilbert D. Chavenelle City Manager Councilman Kean moved that the recommendation of the City Manager he approved. Seconded by Councilman Schreiber. Carried by the following vote: Yeas-Mayor Schaller, CouncilM men Horgan, K e a n, Schreiber, Takos. Naye-None. \ , i -I I I i 1 I I --- I 49 purtenances on the City of Du- buque Flood Control Levee be- tween 12th Street and 16th Street has been completed in accordance with plans and specifications by the Conlon Construction Company of Dubuque, Iowa. I recommend the acceptance of the improvement. Very truly yours, Gilbert D. Chavenelle City Manager Councilman Takos moved that the reconunendation of the City Manager be approved. Seconded by Councilman Schreiber. Carried by the following vote: Yeas-Mayor Schaller, Council- men Horgan, Kean, Schreiber, Ta. kas. Nays-None. FINAL ESTIMATE RESOLUTION NO. 2U2 WHEREAS, the contract for the Storm Water Pumping Unit and AU Appurtenances to be installed and placed in operation at the Existing Pumping Station on the City of Dubuque Flood Control Levee between 12th Street and 16th Street has been completed and the City Engineer has sub- mitted his final estimate showing the cost thereof inclUding the cost of estimates, notices, inspection, and preparing the assessment and plat, now therefore, BE IT RESOLVED, by the City Council of the City of Dubuque, That the cost of said improveM ment is hereby determined to be $56,152.35. That $56,152.35 of the cost there. of shall be paid from the City of Dubuque 1960 Storm Sewer Proj~ ect No.1. Passed, adopted and approved this 5th day of Febrnary 1962. LOUIS SCHALLER Mayor JOHN P. SCHREIBER PETER J. TAKOS JAMES J. KEAN ROBERT J. HORGAN Councilmen FROMMELT City Clerk Councilman Schreiber moved the adoption of the resolution. Second- ed by Councilman Takas. Carried Regular Session, February 5, 1962 LEO F. Attest tions by providing security in such sum and with such sureties as may be acceptable to the City Manager; Section 3. That in the event Met- tel Realty & Investment Co. shall fail to execute the acceptance and provide the security provided for in Section 2 hereof, with in fortYM five (45) days from the date of this Resolution, the provisions hereof shall be null and void and the ac. ceptance of the dedication and ap. proval of the plat shall not be ef. fective. Passed, adopted and approved by unanimous recorded roll call vote this 5th day of February, A.D. 1962. LOUIS SCHALLER Mayor JOHN P. SClffiEffiER PETER J. TAKOS JAMES J. KEAN ROBERT J. HORGAN Councilmen Attest LEO F. FROMMELT, City Clerk To Leo F. Frommelt, City Clerk This is to certify that the secur. ity required by the foregoing Reso. lution No. 22--62 has been provided by the owner. Dated at Dubuque, Iowa, this 23rd day of February, 1962. Gilbert D. Chavenelle, City Manager Councilman Kean moved the ad~ option of the resolution. Seconded by Councilman Takos. Carried by the following vote: Yeas-Mayor Schaller, Council. men Horgan, K e a n, Schreiber, Takas. Nay~None. ACCEPTANCE OF RESOLUTION NO. 22-62 Mettel Really & Investment Co., being familiar with the terms and conditio-ns of the foregOing Resolu- tion No. 22-62, hereby accepts the same and agrees to perform the conditions required of it therein. Dated this 23rd day of Febru- ary, A.D. 1962. METI'EL REALTY & INVEST- MENT CO. By C. E. Mettel 5, 1962 the Storm and aU ap. February To the Honorable Mayor and City Council Gentlemen: The construct Water Pumping ion of Unit I 1 I f 0/ I I [ ! Regular Session, February 5, 1962 Iowa, be and the same is here by approved and the Mayor and Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque upon said plat, providing the owner of said propM erty, hereinbefore named, executes its written acceptance hereto at. tached, agreeing; (a) To reduce St. Anne Drive and Avalon Road to grade as shown by the profile submitted with the plat; (b) To surface S1. Anne Drive and Avalon Road, as the same ap- pear upon said plat, for a width of 30 feet from curb face to curb face with 6% inches, concrete sur~ facing and with concrete curb and gutter as shown in the City of DUM buque Standard Curb and Gntter Section; (c) To install water mains in accordance with the plans submitt. ed with the plat; (d) To install sanitary sewers in accordance with plans submitted with the plat; (e) To install sanitary sewer and water house laterals for each lot from the main to behind the prop. erty line; (f) To construct the foregoing improvements in accordance with plans and specifications approved by the City Manager, under the inspection of the City Engineer and in a manner approved by the City Manager; (g) To maintain the street im- provements for a period of four (4) years from the date of their ac. ceptance and to maintain the san- itary sewer and water mains for a periOd of four (4) years from the date of its acceptance; (h) To provide the foregoing construction and maintenance all at the expense of Mettel Really & Investment Co., as owner; (i) To construct said improve. ment prior to February 1, 1963; (j) To install concrete sidewalks on both sides of S1. Anne Drive and Avalon Road, in accordance with City of Dubuque Standard Specifications for Permanent Side. walks, at owner's expense, prior to February 15, 1964; and further provided that Mettel Realty & Investment Co., as owner of said subdivision, secure the per- formance of the foregoing condi. Whereas upon said plat appear streets and easements which the owner upon said plat has dedicated to the public forever; and Whereas said plat has been ex- amined by the City Planning and Zoning commission and has been approved by said body; and Whereas said plat has been ex- amined by the City Council and they find that the same conforms to the statutes and ordinances re. lating thereto, but that the grades have not been established or the streets graded, or the sidewalks, surfacing, sewer or water mains installed; Section 1. That the dedication of St. Anne Drive, and Avalon Road together with the easements for public utilities, as the same appear upon said plat, be and the same are hereby accepted; Section 2. That the plat of the subdivision of Lot 2 of Lot 1 of Lot I of Lot 5 of Mineral Lot 260, Sec. tion 22, Township 89, North, Range 2, East of the 5th P.M. in the City of Dubuque, Dubuque County, Iowa, which shall hereafter be known as Blocks 4, 5, 6 and 7 in "Mettel.Brooks Addition" in the City of Dubuque, Dubuque County, N ays--N one. RESOLUTION NO. 22-62 Resolution Approving the Plat of Blocks 4, 5, 6 and 7 in "Metlel- Brooks Addition" in the City of Dubuque, Dubuque County, Iowa. Whereas there has been filed with the City Clerk a plat in which Lot 2 of Lot 1 of Lot 1 of Lot 5 of Mineral Lot 260, Section 22, Township 89, North, Range 2 East of the 5th P.M. in the City of Dubuque, Dubuque County, Iowa is platted as Blocks 4, 5, 6 and 7 in UMettel. Brooks Addition" in the City of Dubuque, Dubuque County, Iowa by Mettel Realty & Investment Co., and Councilman Schreiber m 0 v e d that the communication be re. ceived and filed. Seconded by Councilman Takos. Carried by the following vote: Yeas-Mayor men Horgan, Takos. Schaller. Council Kean, Schreiber \. 48 I I I Ii Illi 51 Passed, adopted and appro.ved this 5th day of February, 1962. LOUIS SCHALLER Mayor JOHN P. SCHREIBER PEl'ER J. TAKOS JAMES J. KEAN ROBERT J. HORGAN Councilmen Attest: LEO F. FROMMELT City Clerk Mayo.r Schaller moved the adop- tion of the resolution. Seconded by Councilman Schreiber. Carried by the follOwing vote: Y eas-Mayo.r SchaUer, Council Horgan, K e a n, Schreiber RESOLUTION NO. 28--62 WHEREAs, applications for Beer Permits were filed by the within named applicants and they have received the approval of this Council; and WHEREAs, the premises to. be occupied by such applicants here inspected and found to comply with the ordinances of this City, and they have filed proper bondsj NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Dubuque, Iowa that the Manager be and he is hereby directed to. issue to the following named applicants a beer permit. 5, 1962 men Takas. Naye-None. Regular Session, February RESOLUTION NO. 27~2 WHEREAS, application 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 ordinances of the City. CLASS "B" PERMIT Joseph P. & Bernice Hillard, Rhomberg Avenue William J. Tindell, Jr., 1105 versity Avenue Carl E. Nagelmaker, 3203 Jackson Street William E. O'Neill 55 Street Mrs. Eunice Wright, Street Maurice H. Mellon, berg Avenue 431 Uni Locust 1"'---- BE IT FURTHER RESOLVED that the bonds filed with the ap- plications be approved. Passed, adopted and approved this 5th day of February, 1962. LOUIS SCHALLER Mayor JOHN P. SCHREIBER PEl'ER J. TAKOS JAMES J. KEAN ROBERT J. HORGAN Councilmen FROMMELT City Clerk Councilman Schreiber moved the adoption of the resolution. Second. ed by Mayor Schaller. Carried by the following vote: Yeas-Mayo.r Schaller, Council- men Horgan, Kean, Schreiber, Ta. koso Nays-None. LEO F. Attest Regular Session, February 5, 1962 WHEREAS, the llJinois Central Railroad has available for lease suitable for storage facilities; NOW, THEREFORE BE IT RE- SOLVED that the City Council hereby authorizes the City ManM ager to execute a lease for the City of Dubuque for a period of five years ,at an annual rental rate of $200.00 per year, it heing express. ly understood that the lessor or lessee shall be permitted to termiM nate the lease by giving sixty days notice of such intention. (See arti. cle 24 of lease attached). Passed, adopted and approved this 5th day of February, 1962. LOUIS SCHALLER Mayo.r JOHN P. SCHREffiER PETER J. TAKOS JAMES J. KEAN ROBERT J. HORGAN Councilmen Attest: LEO F. FROMMELT City Clerk Councilman Schreiber moved the adoption of the resolution. Sec~ onded by Mayor Schaller. Carried by the following vote: Yeas-Mayor Schaller, CouncilM men Horgan, Kean, Schreiber, Ta- koso Nays-None. CLASS "B" BEER PERMITS Joseph P. and Bernice Hillard, 431 Rhomberg Avenue William J. Tindell, Jr., 1105 Uni. versity Avenue Carl E. Nagelmaker, 3203 Jackson Street William E. O'Neill 55 Locust Street 2600 Jackson 2600 Jackson Wright, Mrs. Eunice Street 1027 Rbom. CLASS "B" PERMIT FOR PRIVATE CLUB DUbuque Boat Club Inc., 2656 Lin. coin Avenue I PERMIT 1313 Dodge 1278 Central RESOLVED by such ap. 1027 Rhomberg CLASS "B" PERMIT FOR PRIVATE CLUB DUbuque Boat Club Inc., 2656 coin Avenue CLASS "C" BEER National Tea Co., Street John J. Heiderscheit, Avenue BE IT FURTHER that the bonds filed Lin. BEER PERMIT Co. 1313 Dodge 1278 Central r Maurice H. Mellon, A venue Passed, adopted and approved this 5th day of February, 1962. LOUIS SCHALLER Mayor JOHN P. SCHREIBER PEl'ER J. TAKOS JAMES J. KEAN ROBERT J. HORGAN Councilmen Councilman Schreiber moved the adoption of the resolution. Sec- onded by Councilman Kean. Car- ried hy the following vote: Yeas-Mayor Schaller, CouncilM men Horgan, Kean, Schreiber, Ta. koso Nays-None. John J. Heiderscheit Avenue CLASS #lCI National Tea Street RESOLUTION NO. 2~2 BE IT RESOLVED by the City Council of the City of Dubuque that the following, having com- plied with the provisions of law relating to the sale of cigarettes within the City of Dubuque, be granted a permit to sell cigarettes and cigarette papers within said City. MY.Cap Vendors Inc., for Wm. J. Tindell, Jr., 1105 University Ave. nue Lime Roek Springs Co., for Holi- day Inn Motel, 1111 Dodge Street Lime Rock Springs Co., for Dodge House Motel, 701 Dodge Street Lime Rock Springs Co., for Pol- fers Milk House, 1875 UniverM sity Avenue My-Cap Vendors Inc., for Fleckenstein, 3275 Central nue Lime Rock Springs Co., for Kari~ gans Holiday Grill (John C. & John J. Gantz), 2199 University Avenue LEO F. FROMMELT City Clerk Attest: Ray Ave- RESOLUTION NO. 25-62 WHEREAS, the City of Dubuque in carrying out street construction and maintenance work, finds it necessary to secure storage space on a railroad siding; and \ . 50 by the following vote: Yeas-Mayor Schaller, Council. men Horgan, Kean, Schreiber, TaM koso Nays-None. RESOLUTION NO. 24-62 WHEREAS, the contract for the Storm Water Pumping Unit and All Appurtenances to be installed and placed in operation at the Existing Pumping Station on the City of Dubuque Flood Control Le- vee between 12th Street and 16th Street, has been completed and the City Manager has examined the work ,and filed his certificate stating that the same has been completed according to the terms of the contract, plans and specifi- cations and reco.mmends its accept- ance, now therefore, BE IT RESOLVED, by the City Council of the City of Dubuque, that the recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted. BE IT FURTHER RESOLVED, that the City Treasurer be and he is hereby directed to pay to the contractor from the City of DuM buque 1960 Storm Sewer Project No. 1 equal to the amount of his contract. .1'!1 53 receipts for municipal streets and parking as heretofore prepared, be and the same is hereby adopted and approved as the Street FiM Dance Report for 1961. Passed, adopted and approved this 9th day of February, 1961. LOUIS SCHALLER Mayor JOHN P. SCHREIBER PETER J. TAKOS JAMES J. KEAN ROBERT J. HORGAN Councilmen Attest: LEO F. FROMMELT City Clerk WILLIAM J. O'BRIEN Deputy City Clerk There being no further business Councilman Schreiber moved to adjourn. Seconded by Councilman Horgan. Carried by the follOwing vote: Yeas-Mayor Schaller, Council. men Horgan, K e a n, Schreiber, Takas. Naye-None. Councilman Takos moved the adoption of the resolution. Second. ed by Councilman Schreiber. Car- ried by the fOllowing vote: Yeas~Mayor Sch""aller, Council- men Horgan, Kean, Schreiber, Ta. koso Nays-None. Special Session, February 9, 1962 CITY COUNCIL OFFICIAL Special Session, February Council met at 1:30 P.M. Present-Mayor Schaller, Coun. cilmen Horgan, Kean, Schreiber, Takas. City Manager Gilbert D. Chavenelle. Mayor Schaller read the call and stated that service thereof had been duly made and that this meet. ing is called for the purpose of act. ing upon a resolution approving the City of Dubuque, Iowa, 1961 Street Finance Report and acting on any other business as may prop- erly come before a regular meeting of the City Council. City Engineer White submitting a report of distribution of receipts and expenditures of the City of Du. buque for MuniCipal Streets and Parking for the fiscal year begin. ning January 1, 1961 to December 31, 1961, presented and read. Councilman Takas moved that the report be received and filed. Seconded by Councilman Schreiber. Carried by the fOllowing vote: Yeas-Mayor Schaller, Council. men Horgan, Kean, Schreiber, Takas. Nays-None. 1962 9, Regular Session, February 5, 1962 F. FROMMELT City Clerk 1962. I LEO F. FROMMELT City Clerk WILLIAM J. O'BRIEN Deputy 1962. ........................ City Clerk plicants be and the same are here~ by approved. Passed, adopted and ,approved this 5th day of February, 1962. LOUIS SCHALLER Mayor JOHN P. SCHREIBER PETER J. TAKOS JAMES J. KEAN ROBERT J. HORGAN Councilmen Attest: LEO F. FROMMELT City Clerk Mayor Schaller moved the adopM tion of the resolution. Seconded by Councilman Schreiber. Carried hy the following vote: Yeas-Mayor Schaller, Council- men Horgan, Kean, Schreiber, Ta- kas. Nays-None. There being no further business Councilman Schreiber moved to ad. journ. Seconded by Councilman Horgan. Carried by the following vote: Yeas-Mayor Schaller, Council. men Horgan, Kean, Schreiber, Ta. koso Nays-None. LEO Approved 1962. Councilmen Approved Adopted 52 Attest RESOLUTION NO. 29-62 A Resolution approving the City of Dubuque, Iowa 1961 Street Finance Report. WHEREAS, a distribution of ex. penditures and receipts of the City of Dubuque for Municipal Streets and Parking for the fis. cal year beginning January 1, 1961 and ending December 31, 1961, has been duly prepared in accordance with Chapter 168, 59th General Assembly State of Iowa, and submitted to this Council for approval; and \VHEREAS, this Council has examined the distribution of ex. penditures and receipts of the City of Dubuque, Iowa, for mu- nicipal streets and p~rking, where. in the receipts and expenditures for the fiscal year are shown. NOW THEREFORE BE IT RE. SOLVED by the City Council of the City of Dubuque, Iowa that distribution of expenditures and r- r l' , I ~ I , I ~ 1962. City Cl",k ~ Adopted Councilmen Attest r -- II :j i the property not needed for the one hundred foot right-of.way provided a deed restriction is placed upon same stating no building shall be erected upon this property and the proposed building by Hartig be kept at least four feet west of the east line of Lot 1 of 6 of 12 of Mineral Lot 172, which is presently owned by Hartig. Respectfully submitted, Dubuque Planning & Zoning Commission By OWEN RILEY, Sec'y. 55 19, 1962 Special Session, February by Homer Butt at a meeting of the Planning and Zoning Commission held February 6, 1962. Yours very truly, Dubuque Planning & Zoning Commission By OWEN RILEY, Sec'y. Councilman Schreiber moved that the communication be received and made a matter of record. CarM onded by Councilman Takos. Car- ried by the fallowing vote: Yeas-Mayor Schaller, Council. men Horgan, Kean, Schreiber, Takas. Nays-None. Mayor Schaller moved that the recommendation be referred to the City Manager and Traffic DepartM ment for investigation and report. Seconded by Councilman Schreiber. Carried by the following vote: Yeas-Mayor Schaller, Council- Horgan, Kean, Schreiber, 1962 1962 Hon. Mayor and City Council Gentlemen: On the 25th day of November, 1960, there was filed notice of claim by Bernell Busch, father and next friend of David Busch, a minor, and thereafter suit was en- tered by said claimants against the City of DUbuque, Iowa, and UnderM ground Constructors, Inc. claiming damages against the defendants in the total amount of $20,000.00, which damages arose from aD alleg- ed fall by David Busch on 755 Montcrest Street on October 16, 1960, while riding his bicycle on said roadway, and alleging an ac- cumulation of dirt and mud and other materials on said street caus- ed the boy's fall and resulting in- juries. That the City brought in another party as third part defendant, and the City Attorney has been advised by the attorneys for the plaintiffs and for the other two defendants that said claim has been settled in full. February 5, men Takos. Nays-None. To the Honorable and City Council Gentlemen: The Planning & Zoning Commis. sion has considered the request of the North End Wrecking Company who desire to purchase City owned property and hillside adjacent to the 32nd Street Detaining Basin. The Commission believes that this property should be retained by the City and left in its present state. Therefore, we recommend denial of the petition. Respectfully submitted, Dubuque Planning & Zoning Commission By OWEN RILEY, Sec'y. February 7, Mayor iiIIll---'" Special Session, February 19, 1962 the following vote: Yeas-Mayor Schaller, Council Horgan, K e a n, Schreiber men Takas. Nays-None. 54 CITY COUNCIL (OFFICIAL) February 19, 1962 To the Honorable Mayor and City Council, Gentlemen: This is to advise that I have apM proved the following bonds and policies and desire to have your approval on same for filing, subM ject to the approval of the City Solicitor: 19, Conncil met at 7:30 P. M. Present-Mayor Schaller, Coun- cilmen Horgan, Kean, Schreiber, Takos. City Manager Gilbert D. Chavenelle. February Session, Special 1962. February 14, To the Honorable Mayor and City Council Gentlemen: The petition of Hartig Drug Co. stating their desire to purchase City owned property at Grandview A venue and Delhi Street has been considered by the Planning & Zon. ing Commission. The Commission believes that due to the importance of maintain- ing sight distance at this inter. section that a restriction should be placed with the sale of this proper- ty. Therefore the Planning & Zoning Commission recommends sale of Councilman Schreiber moved ap- proval of the recommendation. Seconded by Councilman Kean. Carried by the following vote: Yeas-Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays-None. 1962 I; I I: I ,," . HEATING Dubuque Sheet Metal Company, 'Vestern Surety Company Robert G. Steichen, d/b/a Ace Plumbing & Heating Company: Western Surety Company Leonard J. Backes, d/b/a Bracon. ier Plumbing & Heating, Ameri- can States Ins. Company DUbuque Plumbing and Heating Company, Bituminous Casualty Corporation Respectfnlly submitted, Gilbert D. Chavenelle, City Manager Mayor Schaller read the call and stated that service thereof had been duly made and that this meeting' is called for the purpose of considering adoption of a HeatM ing, Ventilating, Air-Conditioning & Refrigeration Code and acting on any other business as may propM erly come before a regular meet. ing of the City Council. Councilman Schreiber moved that the bonds and policies be filed subject to the approval of the City Solicitor. Seconded by Councilman Takos. Carried by the following vote: Yeas-Mayor men Horgan, Takos. Nays-None. Schaller, Council- K e a n, Schreiber, Proof of Publication, certified to hy the Pnblisher, of Statement of Receipts and a list of claims for which warrants were issued during the month of January 1962, pre. sented and read. Mayor Schaller moved that the proof of publication be received and filed. Seconded by Councilman Schreiber. Carried by the following vote: Yeas-Mayor Schaller, Council men Horgan, Kean, Schreiber Takos. Nays-None. February 16, 1962 To the Honorable Mayor and Members of the City Council Gentlemen: Attached hereto is the 1961 An. nual Report of the Carnegie.Stout Free Public Library. Respectfully submitted, Gilbert D. Chavcnelle City Manager Councilman Takos moved that the communication and report be received and filed. Seconded by Councilman Kean. Carried by the following vote: Yeas-Mayor Schaller, Council- men Horgan, K e a n, Schreiber, Takos. Nays-None. February 19, 1962 To the Honorable Mayor and City Council Gentlemen: I hereby submit the Dubuque Program for Community Improve. ment (Workable Program). 1 re- quest that you consider this pro. gram and authorize the Mayor to sign it on behalf of the City of Dubuque. , That the settlement of the fore. going law suit was at no cost to the City. That the original claim and copy of petition at law in the above en. titled matter is attached hereto. RespectfUlly submitted, R. N. RUSSO, City Attorney , February To the Honorable Mayor and City Council Gentlemen: The petition of Westchester Inc. requesting rezoning of parts of their property on Old Timers Road to Local Business B was withdrawn 1962 7, RespectfUlly submitted, Gilbert D. Chavenelle City Manager Councilman Takos moved ap- proval of the program and author- ized the Mayor to sign same on behalf of the city. Seconded by Councilman Schreiber. Carried by , 57 Proof of Publication, certified to by the publisher, of Notice of public hearing to consider adoption of the Heating, Ventilating, Air-con- ditioning and Refrigeration Code, presented and read. Mayor Schaller moved that the proof of publication be received and filed. Seconded by Councilman Takos. Carried by the following vote: Yeas-Mayor men Horgan, Takas. Nays-None. Schaller, Council Kean, Schreiber Mayor Schaller moved that the rules he suspended in order to let anyone present address the Council if they so desire. Seconded by Councilman Takos. Carried by the following vote Yeas-Mayor men Horgan, Takos. Schaller, Council Kean, Schreiber, 1962 On January 25, 1962 Marie Vyver. berg filed original notice of suit against City of DUbuque, Iowa claiming damages of $500.00 as reo sult of injuries suffered by reason of a fall upon an alleged defective sidewalk at or near 265 West First Street, in the City of Dubuque, Iowa. I Nays-None. Mr. Eldon Pfohl of 2591 Central Avenue Objected to the proposed ordinance for the following rea. sons: 1-0bjected to the home own- er's clause. 2--Validity clause is very restrictive. 3-Police Power clause right to enter on private property. 4--Official waiver clause, waive all responsibility. Building Commissioner Dandy stated that a home owner can do his own work providing he gets a permit and has the work inspect- ed. Property owner is different than a home owner. As to the right of entry on property this is usualM ly done by mutual agreement. Forcible entry is a last resort and if it would be invoked the inspect. or would have to get a warrant from the courts. Richard Beaves stated that the registration fee for a business would be $100. A home owner could take out a per- mit without certificate of compet- ency, whereas a property owner would be obliged to take out a cerM tificate of competency. Mr. W. J. Chilton of 1180 W. 5th Street was of the opinion that it was discrim~ inatory to charge one craftsman a fee to prove his worth and not others. It was explained to him that the work is of a highly specialized nature and a code is needed fo' safety reasons. Mr. Clarence BradM shaw a member of the committee stated that the fees are more rea. Special Session, February 19, 1962 of striking a defect in the street at 305 Kaufmann Avenue on Febru- ary 12, 1962, presented and read. Councilman Takos moved that the notice of claim be referred to the City Solicitor for investigation and report. Seconded by Mayor Schal- ler. Carried by the fallowing vote: Yeas-Mayor Schaller, CouncilM men Horgan, Kean, Schreiber, Takos. Nays-None. 19, February Honorable Mayor and City Council Gentlemen That no petition was on file as stated in the original notice by reason of stipulation between at- torney for plaintiff and the City Attorney as the plaintiff made an offer of settlement in the amount of $100.00, which the City Attorney recommends be accepted by the City. It is further recommended that the City Auditor be instructed to draw a warrant payable to Marie Vyverberg and Milton Vyverberg, her husband ,in the amount of $100.00 and transmit the same to the City Attorney for delivery to the plaintiff upon receipt of a duly executed release and dismisM sal of the pending action with pre- judice. The original notice of pendency of suit is hereto attached. RespectfUlly submitted, R. N. RUSSO, City Attorney Mayor Schaller moved that the recommendation of the City Attor- ney be approved and the Auditor be instructed to draw proper war~ rant as recommended. Seconded by Councilman Schreiber. Carried by the following vote: Yeas-Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays-None. Special Session, February 19, 1962 buque Defendant in the amount of $16,312.35 for personal injuries re~ ceived in a fall on an icy sidewalk at 674-692 Lowell Street on Febru- ary 20, 1960, presented and read. Councilman Takos moved that the notice of suit be referred to the City Solicitor. Seconded by Mayor Schaller. Carried by the following vote: Yeas-Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takos. Nays-None. Notice of claim of Mrs. Marian Steger, in the amount of $45., for car damage incurred as the result of striking a raised water shut.off at 17th & Elm Street on February 6, 1962, presented and read. Conn. cilman Takos moved that the notice of claim be referred to the City Solicitor for investigation and re. port. Seconded by Mayor Schaller. Carried by the fOllowing vote: Yeas-Mayor Schaller, Council. Horgan, Kean, Schreiber, Councilman Takos moved that the communication be received and filed. Seconded by Councilman Kean. Carried by the following vote: Yeas-Mayor Horgan, Notice of suit by Orlin J. Conlon and Merill Vanderloo plaintiffS vs. the City of Dubuque, defendant, for petition in equity and praying that decree be entered quieting title to Lot 38 in Grandview Heights, pre. sented and read. Councilman Schreiber moved that the notice be referred to the City Solicitor. Sec. onded by Councilman Takos. Car. ried by the following vote: Yeas-Mayor Schaller, Council. men Horgan, Kean, Schreiber, Takos. Nays-None. men Takos. Nays-None. Notice of claim of Stella M. Smith, in the amount of $50., for expenses incurred as the result of a backed-up sewer at 2030 Mullin Road on February 3, 1962, present- ed and read. Councilman Takos moved that the notice of claim be referred to the City Solicitor for investigation and report. Seconded by Mayor Schaller. Carried by the following vote: Yeas-Mayor Schaller, Council. men Horgan, Kean, Schreiber, Takos. Nays-None. Notice of claim of Marilyn Bro. man, in the amount of $90., for per. sonal injuries received as the result of a fall on an icy sidewalk north- east of Fulton School on January 26, 1962, presented and read. Coun- cilman Takos moved that the notice of claim be referred to the City Solicitor for investigation and re- port. Seconded by Mayor Schaller. Carried by the following vote: Yeas-Mayor Schaller, Council. men Horgan, Kean, Schreiber, Takos. Nays-None. Notice of claim of Cletus P. Close, in the amount of $20., for car damage incurred as the result Schaller, Council- Kean, Schreiber, 56 men Takos. Nays-None. Communication of Mrs. Myrtle I. Dockal objecting to any interfer- ence that may jeopardize entry to her property to the rear of Lot 38 in Grandview Heights, presented and read, Councilman Takos moved that the communication be received and filed. Seconded by Councilman Schreiber. Carried by the following vote: Schaller, Council- Kean, Schreiber, 1962 I recommend to the City Council that they request the City Engineer to prepare preliminary plans and specifications for street improve- ments for Lot 38 of Grandview Av- enue Heights Subdivision. Respectfully submitted, Gilbert D. Chavenelle, City Manager Councilman Takos moved that the recommendation of the City Manager be approved. Seconded by Councilman Kean. Carried by the following vote: Yeas-Mayor Schaller, Council- men Horgan, Kean, Schreiber, Takas. Nays-None. Notice of suit by Rosemary Adams, Plaintiff vs. City of DUM Yeas-Mayor men Horgan, Takos. Nays-None. February 19, To the Honorable Mayor and City Council Gentlemen: I ! , ! i ! I II II i I 59 Councilman Schreiber moved the adoption of the Ordinance. SeeM onded by Councilman Takos. Car~ ried by the following vote: Yeas-Mayor Schaller, Council men Horgan, Kean, Schreiber. Takas. Nays 1962 February 7, To Honorable Mayor and City Council Gentlemen: The petition of Francis E. Kelly and Wm. J. Byrne requesting re. zoning of Lots 1 and 2 Kelly. Byrne Place from Local Business District "AU Classification to Local Business District "B" Classifica- tion has been considered by the Planning and Zoning Commission. The petition states that previous request for Local Business HAlO was confined because the Motel was not a certainty. The Motel is now erected and is a very fine addition to our City and the Planning & Zoning Com- mission recommends granting the request. RespectfUlly submitted, Dubuque Planning & Zoning Commission By OWEN RILEY, Sec'y. Mayor Schaller moved that the recommendation of the Commis~ sion be approved. Seconded by Councilman Takos. Carried by the following vote: Yeas-Mayor men Horgan, Takos. NaYs-None. ORDINANCE NO. 13-62 An Ordinance Amending the Zon. ing Map and Zoning Ordinance of the City of Dubuque, as provided by Ordinance No. 3.34, designated the Zoninz Ordinance so as to change Lots 1 & 2 of Kelly.Byrne Place in the City of DUbuque from Local Business District "A" to Local Business District "B" Class. ifciation, presented and read. Councilman Schreiber moved that the reading just had be con- sidered the first reading of the Ordinance. Seconded by Council. man Takos. Carried by the fOllow. ing vote: Yeas-Mayor men Horgan, Takos. Nays-None. Schaller, Council Kean, Schreiber Schaller, Council Kean, Schreiber Special Session, February 19, 1962 -None. Schaller, Council- Kean, Schreiber, ORDINANCE NO. 12-62 An Ordinance accepting convey- ance of certain parcels of real estate and establishing and mak. ing a public street thereon, presented and read. Councilman Schreiber moved that the reading just had be con- sidered the first reading of the Ordinance. Seconded by Council- man Takos. Carried by the follow- ing vote: Yeas-Mayor Schaller, Council. men Horgan, Kean, Schreiber, Takos. Nays-None. Councilman Schreiber moved that the rules be suspended requir- ing an Ordinance to be read on three separate days. Seconded by Councilman Takos. Carried by the fOllowing vote: Yeas-Mayor Horgan, Schaller, Council- Kean, Schreiber, ORDINANCE NO. 12-62 An Ordinance accepting conveyance of certain parcels of real estate and establiShing and naming a public street thereon. NOW, THEREFORE, BE IT OR. DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the conveyances of the following described real estate sit. uated in the City of Dubuque, DUbuque County, Iowa described as: Lot 2 of 2 of 1 of Lot 156 L. H. Langworthy's Ad- dition to DUbuque, and Lot 2 of 2 of 1 of 1 of Lot 156 in L. H. Langworthy's Addition to Dubuque in the City of Du- buque, Iowa be and the same are here. by accepted by the City of Dubuque and a public street established thereon to be known hereafter as Kane St. Seetion 2. That the City Clerk be and he is hereby authorized and directed to file a certified copy of this Ordi- nance in the office of the County Re- corder of Dubuque County. Iowa. Section 3. This Ordinance shall be in full force and effect from and after its final passage. adoption and publica. tion as by law provided. Introduced the 19th day of February, 1962. Rule requiring reading on three separate days suspended by unanimous vote the 19th day of February, 1962. Passed by recorded roll call vote adopted and approved this 19th day of February, 1962. LOUIS SCHALLER Mayor JOHN P. SCHREIBER PETER T AKOS JAMES J. KEAN ROBERT J. HORGA~ Councllmen Yeas-Mayor Horgan, men Takos. Nays-None. Attest: Leo F. Frommelt City Clerk Published officially in the Telegraph_ Herald newspaper this 23rd day of F'cb. ruary, 1962. It. 2-23 Leo F. Frommel City Clerk men Takos. Nays-None. -- .~ 19, 1962 tion Code of Dubuque Iowa, of 1962, l:ereafter be referred to as the "Heat- ing Ventilating, Air-Conditioning and Refrigeration Codeh" and a true copy of which is aUac ed hereto marked. <"Exhibit <<A" and by reference in- cluded herein, be and the same Is hereby adopted. Z-Z3 Section 3. That the Ordinance herein adopted shall be published in book form. Section 4. That this said Heating, Ventilating, Air-Conditioning and Re- frigeration Code is adopted pursuant to legal published notice followed by a public hearing or public hearings which have been duly held. That the Council has determined that the pro- posed Heating, Ventllating, Alr..condi- tioning and Refrigeration Code at- tached herewith as "Exhibit "AU shall be and is hereby adopted as a Heating, Ventilating, Air.Conditioning and Re- frigeration Code for the City of Du- buque, Iowa~ and that an official copy of the Heating, Ventilating, Alr-Condl- tionIng and Refrigeration Code, as adopted, including a Certificate by the City Clerk as to its adoption and the effective date is on file at the office of the City Clerk, where copies of such Heating~ Ventilating, Air-Conditioning and Renigeration Code are and shall be available for pUblic inspections and for sale at cost to the public, and that a copy of such Heating, Ventilating, Air.Conditioning and Refrigeration Code shall be furnished to the State Law Libraries, the Municipal Libraries and to all newspapers of general cir- culation published in the City of Du- buque, and to all commercial radio sta. tions situated In the City of Dubuque. Section 5. This Ordinance shall be in full force and effect on and after March I, 1962. Section 2. All ordinances or parts of ordinances insofar as conflicting here. with, are hereby repealed., but such repeal is to be without prejUdice to any rights heretofore created, unless specifically referred to existing condi- tions. and without prejudice to any penat'ties nwo accrued or any prosecuM tions for past violation of any ordi- nances for which prosecutions are now pending, or might have been brought and such rights: penalties or prosecutions are hereoy expressly saved to the City of Dubuque, or any other persons in interest. Introduced the 19th day of February, 1962. Rule requiring reading on three sepa. rate days suspended by unanimous vote the 19th day of February, 1962. Passed by recorded roll call vote, adopted and approved this 19th day of February, 1962. LOUIS SCHALLER Mayor JOHN P. SCIIREIBER. PETER J. TAKOS JAMES J. KEAN ROBERT J. HORGAN Councilmen Attest: Leo F. Frommelt City Clerk Published officially in the Telegraph- Herald newspaper this 23rd day of February, 1962. Leo F. Frommelt City Clerk moved the Second- Carried Councilman Schreiber adoption of the Ordinance. ed by Councilman Takos. by the following vote: Special Session, February sonable than any other city encom- passing quite an area. He also gave public recognition to the committee members and praise for the fine cooperation and work in drafting the code. ORDINANCE NO. 9-62 An Ordinance establishing a Heating, Ventilating, Air Condi. tioning and Refrigeration Code, presented and read. Councilman Schreiber moved that the reading just had be consid- ered the first reading of the Ord- inance. Seconded by Councilman Takes. Carried by the following vote: ORDINANCE NO. '.62 AN ORDINANCE establishing a Code for the Installing, Servicing, Maintain- ing and Using of all heat producing appliances; Heating, Ventilating...l AirM Conditioning, Refrigeration, J:)lower and Exhaust Units or Systems; Natural and Liquified Petroleum Gas Appli. ances and Piping; Liquified Petroleum Gas Storage Tanks or Bottles for Utilization; Fuel Oil Storage Tanks and Oil Burning Equipment; Stokers and Other Solid, LiqUId or Gaseous Fuel Burning Equipment and all appurtences for use in connection or conjunction with the installation of anyone or any combination of any of the aforesaid for residential, commercial or indus- trial use in heating, cooking, baking, processing or power generating, etc.; in or adjacent to any building or struc~ ture of any class or occupancy within the jurisdictional limits of the City of Dubuque, Iowa; creating the Depart- ment of Heating, Ventilating, Air~on. ditioning, and Refrigeration within the BuUding Department, the Office of Heating, Ventilating, Air-Conditioning and Refrigeration Inspector, and the Board of Heating, Ventilating, Air..con- ditionlng and Refrigeration; for the purpose of prescribing, compiling, conM densing, promulgating and enforcing regulations consistent with nationally recognized good practices and standM ards by requiring businesses to be reg- istered, installers and servicers to be certified as competent, permits to be obtained and inspections to be made, FEES THEREFORE; and providing the penalties for violation of said Ordi- nance. NOW, THEREFORE, BE IT OR- DAINED BY THE CITY COUNcn. OF THE CITY OF DUBUQUE, IOWA. Section 1. That the Heating, Venti- lating, Air-Conditioning and RefrigeraM Councilman Schreiber moved that the rules be suspended requir. ing an Ordinance to be read on three separate days. Seconded by Councilman Takos. Carried by the following vote: Yeas-Mayor men Horgan, Takos. Nays-None. Schaller, Council. Kean, Schreiber, Schaller, CounciJ. Kean, Schreiber Yeas-Mayor men Horgan, Takas. Nays-None. 58 III 61 required by law. Seconded by Coun- cilman Takos. Carried by the fol~ lowing vote: Yeas-Mayor Schaller, Council men Horgan, Kean, Schreiber, Takos. Nays--None. Special Session, February 19, 1962 Carried by by Councliman Takos. the following vote: Yeas-Mayor Schaller, Council men Horgan, Kean, Schreiber, Takos. Nays-None. I ORDINANCE NO. 16.62 An Ordinance Amending Ordin- ance No. 33-49 known as the Traffic Code of Dubuque, Iowa, by Repeal- ing Schedule N thereof and by eoacting a new schedule IV in Lieu thereof, presented and read. Councilman Schreiber moved that the reading just had be con. sidered the first reading of the Ord. inance. Seconded by Councilman Takos. Carried by the following vote: Councilman Schreiber moved that the rules be suspended requir. ing an Ordinance to be read on three separate days. Seconded by Councilman Takos. Carried by the fOllowing vote: Yeas-Mayor men Horgan, Takos. Nays-None. Schaller, Council Kean, Schreiber, Schaller, Council Kean, Schreiber ORDINANCE NO. 16.62 AN ORDINANCE AMENDING AN OR. DINANCE NO. 33-49 KNOWN AS THE TRAFFIC CODE OF DUBUQUE, lOW A, BY REPEALING SCHEDULE IV THEREOF AND BY ENACTING A NEW SCHEDULE IV IN LIEU THEREOF. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA; Section 1. That Schedule IV of Or. dinance No. 33.49 he and the same is hereby repealed and the following new Schedule IV enacted in lieu thereof: "SCHEDULE IV "In accordance with Section 16.5 and when signs are erected giving notice thereof, no person shall park a vehicle for a period of time longer than here. inafter indicated between the hours of 9 A.M. to 6 P.M. on any day except Sundays and public holidays upon the streets or parts of streets as follows: "A. The foUowing streets or portions are designated as two hour time zones: 1. East side of Main Street from Jones Street north to a point 360 ft. south of West 1st Street. 2. West side of Main Street from Jones Street to Shields Street. 3. Both sides of South Main Street from Dodge Street to Charter Street. 4. Both sides of Shields Street (rom Jones Street to Main Street. 5. Both sides of Bluff Street from West 1st Street to West 4th Street. 6. Uoth sides of Central Avenue from East 18th Street to East 24th Street 7. Both sides of Locust Street from Jones Street to West 4th Street. Yeas-Mayor men Horgan, Takos. Nays-None. Councilman Schreiber moved that a public hearing be held on the Ordinance on March 19, 1962 at 7;30 P.M. in the Council Cham. ber at the City Hall and that the City Clerk be instructed to publish notice of the hearing in the man. ner required by law. Seconded by Councilman Takos. Carried by the following vote: Yeas-Mayor men Horgan, Takos. NaYS-None. ORDINANCE NO. 15-62 An Ordinance Amending and Changing the Zoning Map and Zon- ing Ordinance as provided by Ord- inance No. 3-34 so as to Change lots 1 & 2 of the Subdivision of Lot 1 of 1 of 1 of 1 of 1 of 1 of 1 of George Jecklin Farm and Lot 2 of 1 of 1 of 1 of I of 1 of I of George Jecklin Farm in the County and partly in the City of Dubuque from Single Family Dis. trict Classification to Local Busi- ness District "B" classification, pre. sented and read. Councilman Schreiber moved that the reading just had be con. sidered the first reading of the Ordinance. Seconded by Council. man Takos. Carried by the follow. ing vote: Yeas-Mayor men Horgan, Takos. NaYs-None. Schaller, Council Kean, Schreiber, Schaller, Council- Rean, Schreiber, Councilman Schreiber moved that the rules be suspended requir- ing an Ordinance to be read on three separate days. Seconded by Councilman Takos. Carried by the following vote: Yeas-Mayor men Horgan, Takos. NaYs-None. Schaller, Council Kean, Schreiber, Councilman Schreiber moved that a public hearing be held on the Ordinance on March 19, 1962, at 7:30 P.M. in the Council Cham- ber at the City Hall and that the City Clerk be instructed to publish notice of the hearing in the manner 1 I , ) I I the petition provided they could have their property included in the rezoning and considered with the Plaza "20" petition. If they could not be included then they would object. The chairman stated he would accept an oral petition for rezoning of the property adjacent to Dodge Street owned by AI Weber, Ted Bowman, Robert Zehentner and Plaza "20". Mr. Reilly of Plaza "20" joined in this petition. After a thorough discussion of the whole area the Planning & Zon. ing Commission recommends that the petition of Plaza "20", Wm. J. Reilly and George and Addie Jeck- lin be granted and the oral peti. tion of Al Weber, Ted Bowman and Plaza "20" by Wm. Reilly request. ing rezoning of Lots 4, 5, 6, 7 and 8 of Burkarts Sub. to Local Busi. ness District "B" be granted. Respectfully submitted, Dubuque Planning & Zoning Commission By OWEN REILLY, Sec. Councilman Schreiber moved that the recommendation of the Planning & Zoning Commsision be approved. Seconded by Councilman Kean. Carried by the following vote: Yeas-Mayor men Horgan, Takos. Nays-None. men Takos. Nays-None. Councilman Schreiber moved that the rules be suspended re. quiring an Ordinance to be read On three separate days. Seconded Councilman Schreiber moved that the rules be suspended requirM ing an Ordinance to be read on three separate days. Seconded by Councilman Takos. Carried by the following vote: Yeas-Mayor men Horgan, Takas. Nays-None. Special Session, February 19, 1962 60 ORDINANCE NO. 14-62 An Ordinance Amending the Zoning Map and Zoning Ordinance of the City of Dubuque as provided by Ordinance No. 3.34 so as to change Lots 4, 5, 6, 7 & 8 of Burkart's Subdivision from Single Family Residence District Classifi- cation to Local Business District "B" Classification, presented and read. Councilman Schreiber moved that the reading just had be consid. ered the first reading of the Ord- inance. Seconded by Councilman Takos. Carried by the following vote: Yeas-Mayor Horgan, Schaller, Council Kean, Schreiber Schaller, Council Kean, Schreiber Schaller, Council- Kean, Schreiber, Councilman Schreiber moved that a public hearing be held on the Ordinance on March 19, 1962 at 7:30 P.M. in the Council Chamber at the City Hall and that the City Clerk be instructed to publish notice of the hearing in the manner required by law. Seconded by Coun- cilman Takos. Carried by the fol. lowing vote: Yeas-Mayor Schaller, Council- men Horgan, Rean, Schreiber, Takos. Nays-None. 1962 The petition of Plaza "20" by Wm. Reilly and George and Addie Jecklin requesting zoning of part of recently annexed property and rezoning of property now zoned as single family residence district all to be zoned as Local Business Dis. trict "B" Classification has been considered by the Planning & Zon. ing Commission. Mr. Reilly explained the propos- ed use and layout of the plan of Plaza "20" and when questioned about the size of proposed area he stated that the area to be zoned (re. cently annexed area) totaled 12.7 acres the area to be rezoned which is indicated on plat as area "A" include a portion parallel to Dodge Street and behind the motel. Total area of Area "A" 13.2 acres. This makes a total of 25.9 acres. The total area of Plaza "20" and J ecklin is 70 acres. The tenants of the area require extensive parking spaces. The proposed use antici. pates four square feet of parking for one square foot of business. There were no written objection to the petition and when the chair. man asked if there were any oral objections Mr. Al Weber, 2560 Dodge and Mr. Ted Bowman, 2580 Dodge who are adjacent owners stated that they had no objection to 14, February To the Honorable Mayor and City Council Gentlemen: " . 63 age the walls of the foundation of his home. Mr. Dan Miller stated that the grade of the alley was not taken into consideration at the time the houses were constructed. Proof of Publication, certified to. by the Publisher, of Notice of pub. lic hearing to consider revocation of Class B Beer License No. 96 issued to. Eldon A. Morett because of abandonment of said license, presented and read. Mayor Schal. ler moved that the proof of publi- cation he received and filed. Sec- onded by Councilman Takas. Car- ried by the following vote: Yeas-Mayor Schaller, Council men Horgan, Kean, Schreiber, Ta. koso Nays-None. The City Clerk read tbe follow. ing letter sent to Eldon A. Marett by Registered U. S. Mail, return re- ceipt requested: 1962 You are hereby notified that on the 19th day of February 1962, at 7:30 P.M. the City Council of the City of Dubuque, Iowa, will hold a hearing in the Council Chamber, in the City Hall, in the City of DUbuque, Iowa, to. consider revocation of Class "B" Beer PerM mit No. 96, issued by the City Council to Eldon A. Morett for the reason that the said Eldon A. Morett has abandoned said Class "E" Beer permit No. 96 and the premises wherein said Class "B" beef permit No. 96 has been 10' cated. 13, February Mr. Eldon A. Marett, 678 Central Avenue, Dubuque, Iowa Deaf Sir: You are hereby further notified that unless you appear at said time and place and object to. the prOM posed action of the Council, said Class "B" Beer Permit No. 96 is. sued to Eldon A. Morett will be revoked by the City Council. By order of the City Council dated this 9th day of February 1962. Petition of Wilson Conlan reM questing reconsideration in the opening and improving of the al- ley running north and south be- tween Delaware and Green Streets and also. offering to stand half the cost of the improvement, pre~ sented and read. Councilman Schreiber moved that the petition be referred to. the City Solicitor and City Manager and also that the City Manager be instructed to. alert his staff as to seeking out alleys. Seconded by Councilman Takas. Carried by the follOWing vote: Yeas-Mayor Schaller, Council men Horgan, Kean, Schreiber, Ta. koso Nays-None. Nays-None. ..=W1l 19, 1962 Special Session, February tion of cigarette license No. 163. Seconded by Councilman Schrei- ber. Carried by the following vote: Yeas-Mayor Schaller, Council. men Horgan, Kean, Schreiber, TaM koso Nays-None. Petition of Daughters of the Civ- il War D. U. V. requesting per- mission to hold a tag day sale on June 15th and June 16, 1962, pre- sented and read. Councilman Ta- kos moved that the petition be granted providing there are no conflicting dates. Seconded by Ma- yor Schaller. Carried by the follow. ing vote: Yeas-Mayor Schaller, Council. men Horgan, Kean, Schreiber, Ta. koso 19, 1962 to replace a vacancy on the Plan- ning & Zoning Commission, pre- sented and read. Councilman Schreiber moved that the petition be referred to the Council. Sec- onded by Councilman Kean. CarM ried by the following vote: Yeas-Mayor Schaller, Council- men Horgan, Kean, Schreiber, Ta- koso Nays-None. Petition of Ryder Realty Co. re- questing release of a sidewalk construction bond issued to Wil- liam Lyons, presented and read. Councilman Takos moved that the petition be granted. Seconded by Councilman Kean. Carried by the following vote: Yeas-Mayor Schaller, Council. men Horgan, Kean, Schreiber, Ta. koso Nays-None. Petition of the American Insur- ance Group requesting release of the sidewalk construction bond is- sued to John G. Schillz d/b/a Schiltz Construction Co., presented and read. Councilman Takos moved that the petition be grantM ed. Seconded by Councilman Kean. Carried by the following vote: Yeas-Mayor Schaller, Council men Horgan, Kean, Schreiber, Ta. koso Nays-None. I RespectfUlly, Leo F. Frommelt, City Clerk By William J. O'Brien, Deputy City Clerk moved that notice he Councilman Takos the communication or Attoruey Robert Bertsch ad. dressed the Council in behalf of Wilson Conlan by stating that the alley was dedicated in January 1891 and was accepted by the City. There are no improvements in the alley by other property owners. Mr. Conlan has apprOximately $35,000 invested in the new homes abutting the alley wbich should he opened as a matter of right. Not as a privilege hut definitely as a matter of legal right. The phYSical condition of the area needs some work and improving. Mr. Emil Althaus stated that he owns two lots on the north end of the alley and stands to lose the most. He was somewhat concerned that if the alley was opened and a drain. age sewer constructed it may dam. Petition of V.F.W. requesting permission to hold a buddy poppy sale on May 11th and 12th, pre. sented and read. Councilman Ta- kos moved that the petition be granted providing there are no conflicting dates. Seconded by Councilman Schreiber. Carried by the following vote: Yeas-Mayor Schaller, CouncilM men Horgan, Kean, Schreiber, Ta- kas. Nays-None. Petition of Andrew D. Karigan requesting a refund of $25 on the unexpired portion of cigarette li- cense No. 163, presented and read. Councilman Takos moved that the refund be granted and the Auditor instructed to issue a warrant pay- able to Andrew D. Karigan, in the amount of $25, to cover the amount due on the unexpired por- Nays-None. Petition of Home Builders Asso- ciation of Dubuque requesting con- sideration be given to an active builder or journeyman carpenter \ recessed at 10:05 P.M. reconvened at 10: lOP .M. Special Session, February Counci Counci l 8. Both sides of West 1st street from Locust Street to Bluff Street. 9. Both sides of West 2nd street from Iowa Street to Locust Street. 10. Both sides of West 3rd Street from Iowa Street to Locust street. 11. Both sides of West 4th Street from Bluff Street to a point 50 ft. east of the west end of West 4th Street. 12. The north side of West 5th Street from Bluff Street to a point 196 ft. west thereof. 13. Both sides of East 5th Street from Central Avenue to White Street. 14. Both sides of East 6th street from Central Avenue to White Street. 15. Both sides of East 7th street from Central A venue to White Streets, and the north side only from White Street to Jackson Street. 16. Both sides of East 9th Street from Central Avenue to White Street, and the south side only from Jack. son Street to Washington street. 17. The west side of Jackson Street between East 10th Street and East 12th street. 18. On the west side of Locust Street between Loras Boulevard and 15th street. 19. On both sides of East 18th street between Central Avenue and White Street. 20. Both sides of White street from East 9th Street to East 10th StrC'et. 21. Both sides of White Street from East 14th Street to East 16th Street. 22. North side of Clarke Drive from North Grandview Avenue to a point 600 ft. east thereof. 23. South side of University Avenue from Irving Street to Asbury street. 24. The south side of University Ave- nue from Alpine Street to Nevada Street. 25. Both sides of Unjvf'rsHv Avenue from Nevada Street to a' point 100 ft. west of Booth Street. 26. On both sides of ER~t 16th Street from Pine Street to Sycamore Street. 27. The North side of Dodge Street from Bluff Street to a point 800 ft. westerly of Bluff Street. 28. On the north side of University Avenue from Loras Boulevard to AIgona Street." Passed, adopted and approved this 19th day of February A.D., 1962, by unanimous roll call vote. LOUIS SCHALLER Mayor JOHN P. SCHREIBER PETER J. TAKOS JAMES J. KEAN ROBERT J. HORGAN Councilmen Attest: Leo F. Frommelt, City Clerk Published officially in the Telegraph. Herald newspaper this 23rd day of Feb- ruary 1962. LEO F. FROMMELT City Clerk It. 2-23 Councilman Schreiber moved the adoption of the Ordinance. Seconded by Councilman Takas. Carried by the following vote: Yeas-Mayor Schaller, Council. men Horgan, Kean, Schreiber, Takas. 62 65 is hereby approved and the MaM yor and City Clerk are hereby au- thorized and directed to endorse the approval of the City of Du- buque upon said plat. Passed, adopted and approved this 19th day of February, 1962. LOUIS SCHALLER Mayor JOHN P. SCHREIBER PETER J. TAKOS JAMES J. KEAN ROBERT J. HORGAN Councilmen Attest LEO F. FROMMELT City Clerk Councilman Schreiber moved the adoption of the resolution. Second- ed by Councilman Takas. Carried by the following vote: Yeas-Mayor Schaller, Council- men Horgan, Kean, Schreiber, TaM koso Nays-None. RESOLUTION NO. 32-<12 ..Resolution for Transfer of Dead Funds. WHEREAS, there is now in the hands of the treasurer the sum of $264.99, credited to the Ceme. tery.Municipal Enterprise fund, and Councilman Takas moved that the communication be received and filed. Seconded by Councilman Kean. Carried by the following vote: Yeas-Mayor Schaller, Council. men Horgan, Kean, Schreiber, Ta. koso Nays-None. ~ WHEREAS, said sum of money was raised for the purpose of Cemetery Decorations, and WHEREAS, the purpose for which said sum of money was raised has ceased to exist, NOW, THEREFORE, be it reo solved by the City Council of Dubuque, Iowa of Dubuque Coun- ty, Iowa, that the said sum of $264.99 be and the same is hereby transferred from the Cemetery. Municipal Enterprise fund to the General fund and the City Auditor is directed to correct his books accordingly and to notify the treas- urer of this transfer, accompany- ing the notification with a copy of this resolution and the record of its adoption. (Presiding Officer) Louis Schaller, Mayor (Secretarial Officer) Leo F. Frommelt, City Clerk The above and foregoing resolu. tion was adopted by the City COUD- cil of the City of Dubuque, Du. buque County, Iowa, at a special meeting of the same on the 19th Special Session, February 19, 1962 Councilman Schreiber adoption of the resolution. ed by Councilman Takos. by the following vote: Yeas-Mayor Schaller, Council. men Horgan, Kean, Schreiber, Ta- koso Nays-None. moved the Second. Carried 1961 your plat RESOLUTION NO. 31-<12 A Resolution Approving the Plat of Pearl's Subdivision. Where there has been filed with the City Clerk a plat in which Lot 1 of Lot 1 of Lot 30 and Lot 1 of Lot 2 of Lot 1 of Lot 31 of Burton's Addition and Lot 1 of Vacated Bauer Street in the City of Dubuque, Iowa, are platted as "Pearl's Subdivision," consisting of 3 lots by Otto Spechtenhauser as owner thereof; and Whereas said plat has been ex- amined by the Dubuque Planning & Zoning Commission and ap- proved by it; and Whereas said plat has been found by the City Council to con. form to the Statutes and Ordi. nances relating thereto; and no new street is involved therein; Now Therefore Be it Resolved by the City Council of the City of Dubuque, Iowa: Section 1. That the plat of the aforesaid lots, which will be here. after known as Pearl's Subdivision, August To the Honorable Mayor and City Council, Gentlemen: Herewith submitted for consideration is subdivision of Pearls Subdivision. This subdivision is located at Grandview Ave. and Kane Street and is owned by Otto Spechtenhau- ser and has been approved by the Planning & Zoning Commission. Respectfnlly submitted, Dubuque Planning & Zoning Commission By Owen Riley, Secretary 31, ii=,;#. upon the proposed action of the City Council and caused notice of its proposed action to revoke the Class B Beer Permit No. 96 issued to Eldon A. Morett for the reason that same has been abandoned by said permittee, to be published in the Telegraph.Herald, a newspa. per of general publication, pub. lished in the City of Dubuque, Iowa, and caused notice of the time and place of hearing upon its proposed action to be served upon Eldon A. Marett by U.S. Reg. istered Mail at his last known ad- dress; and WHEREAS, the City Council on this 19th day of February 1962 met in the City Council Chamber, in the City Hall, City of Dubuque, fowa at 7 :30 o'clock P.M. and Eldon A. Marett not appearing nor anyone appearing for him, heard the testimony of witnesses under oath finds and detennines that Eldon A. Marett, doing busi. ness as AI's Tap at 678 Central Avenue, in the City of Dubuque, Iowa has abandoned said premis- es and has abandoned Class B Beer Permit No. 96 issued to said perM mit. 19, 1962 Special Session, February NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa: Section 1. That the Class B Beer Permit No. 96 issued to El- don A. Morett doing business as AI's Tap at 678 Central Avenue in the City of Dubuque, Iowa, be and the same is hereby revoked for the reason that said permittee has abandoned said Beer Permit and has abandoned the premises wherein said Class B Beer Permit No. 96 has been located. Section 2. That the Chief of Po. lice is hereby directed to take up such Permit No. 96 forthwith and return the same for cancel- lation. Attest Passed, adopted and approved this 19th day of February, A.D. 1962 by unanimous roll call vote. LOUIS SCHALLER Mayor JOHN P. SCHREIBER PETER J. TAKOS JAMES J. KEAN ROBERT J. HORGAN Councilmen LEO F. FROMMELT City Clerk made a matter of record. Seconded by Councilman Schreiber. Carried by the following vote: Yeas-Mayor Schaller, Council- men Horgan, Kean, Schreiber, Ta- koso Nays-None. For the benefit of the record the City Clerk informed the Coun. cil that the registered mail notice sent to Eldon A, Morett was re- turned by the postal department unopened as not being claimed at the address of 678 Central Avenue. Mayor Schaller swore in Mr. Henry Feye of 163 Bradley Street preliminary to his testimony at the hearing. The hearing was conM ducted by City Solicitor Russo. Mr. Henry Feye stated he was the owner of the building at 678 Cen- tral Avenue and same was rented to Al Morett and was operated un. der the name of AI's Tap. Said building was rented by the month and the rent was paid to take care of the month of February. As far back as the 6th of January it seemed as though the building was empty and all the doors were un- der iock and key. Mr. Eldon A. Morett's brother entered the build. ing with the sheriff after it seemed that Eldon A. Marett had abandoned the property. Mr. Mor- ett has not been operating the tavern and no one seems to know where he is. Eldon Morett's brothM er was seeking to operate the tav- ern for himself evidently until EI. don could be located. No one ap- peared in behalf of Mr. Eldon A. Morett. RESOLUTIOt~ NO. 30-62 WHEREAS, the City Council of Dubuque, Iowa has heretofore is- sued Class B Beer Permit No. 96 to Eldon A. Morett, doing business as AI's Tap at 678 Central Avenue, Dubuque, Iowa; and WHEREAS, it appearing to the City Council that the said Eldon A. Morett has abandoned said Class B Beer Permit and the prem. ises wherein said Class B Beer Permit No. 96 has been located; and WHEREAS, the City Council of Dubuque, Iowa fixed the 19th day of February, 1962 at 7:30 o'clock P.M. in the City Council Chamber, City Hall, City of Dubuque, Iowa, as the time and place of hearing 64 , 67 ~ Time of one hour per day from the 3rd day of June, 1962 to the 2nd day of September, 1962, be. ginning with the 3rd day of June of 1962, at 2 A.M. and ending Sep- tember 2, 1962, at 2 A.M. Passed, adopted and approved this 19th day of February, A.D. 1962 by unanimous roll call vote. LOUIS SCHALLER Mayor JOHN P. SCHREIBER PETER J. TAKOS JAMES J. KEAN ROBERT J. HORGAN Councilmen Attest: LEO F. FROMMELT City Clerk Councilman Schreiber moved the adoption of the resollition. Sec- onded by Councilman Takos. CarM ried by the following vote: Yeas-Mayor Schaller, Council men Horgan, Kean, Schreiber, Ta koso Nays-None. Special Session, February 19, 1962 1962 Herewith submitted for your consideration is subdivision plat of Johansen Sub. This property is located on the Old Timers Road north of Asbury Road and is being subdivided in this manner to provide space for future extension of Kaufmann AveM Due in connection with a subdivi- sion to the west. This plat has been approved by the Planning & Zoning Commis. sian. Respectfuily submitted, Dubuque Planning & Zoning Commission By Owen Riley, Secretary Councilman Schreiber moved that the communication be reM ceived and filed. Seconded by Ma- yor Schaller. Carried by the folM lowing vote: Yeas-Mayor Schaller, Council- men Horgan, Kean, Schreiber, Ta- koso Nays-None. RESOLUTION NO. 36-62 Resolution Approving Plat of Johansen Subdivision in the City of Dubuque, Iowa. WHEREAS there has been filed with the City Clerk a plat in which February 7, To the Honorable Mayor and City Council Gentlemen: Section 3. That hereafter any person or persons desiring to con. nect with said sewer, shall first apply to the City Manager for permission to do so and such per. mission shaU be granted upon con- dition that the applicant shall pay to the City Treasurer for the ac- count of Eldon T. Herrig, a con- nection charge of $5.97 per front foot of land to be served by said connection. However, nothing in this resolution shall be construed to exact any charge for any ex- tension of said sewer made by the City of Dubuque or its permittees. Section 4. That the City Clerk be and he is hereby authorized and directed to record a eertified copy of this resolution in the Office of the County Recorder of Dubuque County, Iowa. Passed, adopted and approved this 19th day of February, 1962. LOUIS SCHALLER Mayor JOHN P. SCHREIBER PETER J. TAKOS JAMES J. KEAN ROBERT J. HORGAN Councilmen Attest LEO F. FROMMELT City Clerk Councilman Schreiber moved the adoption of the resolution. Second. ed by Mayor Schaller. Carried by the fOllowing vote: Yeas-Mayor Schaller, Council- men Horgan, Kean, Schreiber, Ta- koso Nays-None. RESOLUTION NO. 35-62 WHEREAS, at the regular mu. nicipal election held in the City of Dubuque, Iowa, on November 7, 1961 there was submitted to the qualified electors of the City of Dubuque, to be by them voted upon, the proposition of whether Daylight Saving Time should be observed annually in the City of DUbuque during the year 1962 and the year 1963. WHEREAS, the majority of the qualified electors of the City of Dubuque voted in favor of such proposition. NOW THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa: Section 1. City of Dubuque, Iowa shall observe Daylight Saving [J., V 19, 1962 J. Kean, Robert Nays-None. (Presiding Officer) Louis Schaller, Mayor (Secretarial Officer) Leo F. Frommelt, City Clerk Councilman Schreiber moved the adoption of the resolution. Second. ed by Councilman Takos. Carried by the following vote: RESOLUTION NO. 34-62 Resolution Accepting an eight inch Sanitary Sewer constructed in Samuel Street and Bush Street. ) WHEREAS, under the provisions of Ordinance No. 14-61, Eldon T. Herrig has constructed a sanitary sewer, and WHEREAS, the City Engineer has inspected the same and the City Manager has recommended its acceptance, and WHEREAS, the permittee under said ordinance has filed with the City Council a certified statement showing all the amounts paid in connection with the construction of said sewer, including engineer- ing and inspection fees amounting to $9,579.94. NOW, THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa Section 1. That said sewer is hereby accepted by the City of Dubuque and that the same be hereafter a public sewer under the exclusive charge and control of the City of Dubuque. Section 2. That the acceptance of said sewer by the City of DUM buque and the establishment of said sewer as a public sewer shall not be construed to relieve Eldon T. Herrig, or his contractor, or his bondsmen from their obliga- tion, or the obligation of anyone of them to keep said sewer in good repair for a period of not less than four years from the date of this resolution as provided in Or- dinance No. 14-61. Yeas-Mayor Schaller, Council men Horgan, Kean, Schreiber, Ta koso Nays-None. Horgan. J. Special Session, February Councilman Schreiber moved the adoption of the resolution. Second. ed by Councilman Takos. Carried by the following vote: Yeas-Mayor Schaller, Council men Horgan, Kean, Schreiber, Ta koso Nays-None. day of February A.D. 1962. The vote thereon being as follows: Ayes-Louis Schaller, John P. Schreiber, Peter J. Takos, James J. Kean, Robert J. Horgan. Nays-None. (Presiding Officer) Louis Schaller, Mayor (Secretarial Officer) Leo F. Frommelt, City Clerk 33-62 Transfer of Dead RESOLUTION NO. Resolution for Funds WHEREAS, there is now in the hands of the treasurer the sum of $278.81, credited to the City As. sessment Expense fund and WHEREAS, said sum of money was raised for the purpose of PaYM ing Operation and Maintenance Ex. pense of the City Assessor's Office, and WHEREAS, the purpose which said sum of money raised has ceased to exist, NOW, THEREFORE, be it re solved by the City Council of Du- buque, Iowa of Dubuque County, Iowa, that the said sum of $278.81 be and the same is hereby trans- ferred from the City Assessment Expense fund to the General fund and the City Auditor is directed to correct his books accordingly and to notify the treasurer of this transfer, accompanying the noti. fication with a copy of this resolu- tion and the record of its adoption. (Presiding Officer) Louis Schaller, Mayor (Secretarial Officer) Leo F. Frommelt, The above and foregoing reso- lution was adopted by the City Council of the City of Dubuque, Dubuque County, Iowa, at a special meeting of the same on the 19th day of February, A.D., 1962. The vote thereon being as follows: Ayes-Louis Schaller, John P. Schreiber, Peter J. Takas, James 66 for was City Clerk \ I , i .~ ~ 69 1962. 1962. 19, 1962 ...................... City Clerk Councilmen Approved Special Session, February Adopted Attest 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, Iowa that the Manager be and he is hereby directed to issue to the following named applicants a Beer Permit. Ave- CLASS "8" PERMIT Kenneth J. Love, 37 Eighth nue Mathias A. Schneller, 132 Eighth Avenue BE IT FURTHER RESOLVED that the bonds filed by such ap- plicants be and the same are here- by approved. Passed, adopted and approved this 19th day of February, 1962. WUlS SCHALLER Mayor JOHN P. SCHREIBER PETER J. TAKOS JAMES J. KEAN ROBERT J. HORGAN Councilmen LEO F. FROMMELT City Clerk Councilman Takas moved the adoption of the resolution. Second- ed by Mayor Schaller. Carried by the following vote: Yeas-Mayor Schaller, Council- men Horgan, Kean, Schreiber, Ta. koso Nays-None. Mayor Schaller announced the appointment of the following citiM zens to the Civil Defense Advisory Board; City Manager Gilbert D. Chavenelle, Councilman Robert J. Horgan, Dr. Paul Laube, Rev. Don. aId R. Hutchinson, City Engineer John L. White, Arthur Roth, Cap. tain Francis Henkels, Fire Chief Thos. C. Hickson. There being no further business Councilman Schreiber moved to adjourn. Seconded by Councilman Horgan. Carried by the following vote: Attest: Yeas-Mayor Schaller, Council. men Horgan, Kean, Schreiber, Ta- koso Nays-None. LEO FROMMELT City Clerk F. 19, 1962 that the bonds filed with the ap. plications be approved. Passed, adopted and approved this 19th day of February, 1962. LOUIS SCHALLER Mayor JOHN P. SCHREIBER PETER J. TAKOS JAMES J. KEAN ROBERT J. HORGAN Councilmen Attest: LEO F. FROMMELT City Clerk Mayor Schaller moved the adop- tion of the resolution. Seconded by Councilman Schreiber. Canied by the following vote: Yeas-Mayor Schaller, Council men Horgan, Kean, Schreiber, Ta- koso Nays-None. RESOLUTION NO. 38-62 WHEREAS, applications for Beer Permits have been submitted to this Council 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 ordinances of the City. Kenneth J. Love, 37 Eighth Ave. nue Mathias A. Schneller, 132 Eighth Avenue Passed, adopted and approved this 19th day of February, 1962. LOUIS SCHALLER Mayor JOHN P. SCHREIBER PETER J. TAKOS JAMES J. KEAN ROBERT J. HORGAN Councilmen Attest. LEO F. FROMMELT City Clerk Councilman Takos moved the adoption of the resolution. SecM onded by Mayor Schaller. Carried by the following vote: Yeas-Mayor Schaller, Council- men Horgan, Kean, Schreiber, Ta- koso Nays-None. RESOLUTION NO. 39-62 WHEREAS, applications for Beer Permits were filed by the within named applicants and they have received the approval of this Council; and Special Session, February RESOLUTION NO. 37-62 BE IT RESOLVED by the City Council of the City of Dubuque that the following, having com. plied with the provisions of law relating to the sale of cigarettes within the City of Dubuque, be granted a permit to sell cigarettes and cigarette papers within said City. Lime Rock Springs Co. (for Thomp. son's Tavern), 210 West 1st Street Lime Rock Springs Co. (for Elaine Portwine), 1040 University Ave. RESOLVED Mayor Schaller moved the adop~ tion of the resolution. Seconded by Couneilman Kean. Carried by the following vote: Yeas-Mayor Schaller, Council men Horgan, Kean, Schreiber, Ta. koso Nays-None. adopted and approved day of February A.D., Lot 2 of Lot 2 of John P. Mettel's Subdivision Number 2 in the City of Dubuque, Iowa is platted as Lot 1, Lot 2 and Lot 3 of Johansen Subdivision in the City of Du~ buque, Iowa and, WHEREAS said plat has been examined by the City Plan Com- mission and had its approval en- dorsed thereon; and, WHEREAS said plat has been examined by the City Council and they find the same conforms to the Statutes and Ordinances relating thereto; NOW, THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa: Section 1. That the above de. scribed plat be and the same is hereby approved and the Mayor and Clerk be and they are hereby authorized and directed to endorse the approval of the City upon said plat. SCHALLER Mayor JOHN P. SCHREIBER PETER J. TAKOS JAMES J. KEAN ROBERT J. HORGAN Councilmen LEO F. FROMMELT City Clerk } FURTHER LOUIS IT Passed, this 19th 1962. Attest: nue BE 68 "-- I I . , II o 1'1 'I' ri , '